Nr. Name of secion Language
1)  Criminal Law as Ultima Ratio – Substantive and Procedural Aspects SK/CZ/EN
2)  Potential for Further Harmonisation in the Area of Financial Law in the European Union SK/CZ/EN
3)  Manifestations of Extremism, Ethnic and Religious Intolerance SK/CZ/EN
4)  Exercising and Protecting Social Rights in the 21st Century – Positive Commitment of the State SK/CZ/EN
5)  Governance and Supervision in Business Organisations in the Context of the EU Law Development SK/CZ/EN
6)  Trends in Development and Creativity in the Area of International Law at the Beginning of the 21st Century EN
7)  Collective Redress SK/CZ/EN
8)  Impact of the EU Law on the Creation of Principles and Rules of Administrative Sanctioning SK/CZ/EN
9)  Common European Identity in the Context of Current Legal Challenges SK/CZ/EN
10)  Internet as an Area for Potential Infringement of Rights SK/CZ/EN
11)  Protection of Rights in the Context of the Clash of Legal Cultures SK/CZ/EN
12)  Clash of Legal Cultures in Europe SK/CZ/EN
13)  Criminal Sanctions: Progressive Trends in the Execution of Criminal Sanctions SK/CZ
14)  Europeanisation of Non-European Legal Area EN

Plenary Session: Alternatives for the Direction of the EU – Integration or Disintegration

Guarantee of the session: doc. JUDr. Eduard Burda, PhD.


Section 1) Criminal Law as Ultima Ratio – Substantive and Procedural Aspects

Criminal law is an area of law falling within the field of public law which protects a variety of relationships (those based on constitutional, economic, commercial, property, family, administrative, financial law, etc.) which are primarily regulated by legal rules of the respective areas of law. Criminal law protects these relationships from their violation caused by gross fault which is extremely harmful to the society. In this sense, criminal law is of a subsidiary (supporting) nature since it protects social values and relationships which are already governed by other areas of law. Moreover, this nature is also evidenced in a fact that its measures (punishment) may be applied only after the legal or extra-legal measures have proved to be ineffective. This notion is usually expressed through a statement that criminal law represents the “last resort” measure (ultima ratio principle). During the international academic conference Bratislava Legal Forum 2016, the attention will be drawn with respect to ultima ratio principle to the creation of substantive and procedural criminal law legal rules as well as to their interpretation by law enforcement bodies and courts.   

Guarantee of the section: prof. JUDr. Jozef Čentéš, PhD.


Section 2) Potential for Further Harmonisation in the Area of Financial Law in the European Union

Financial crisis and subsequent debt crises in the EU Member States have led to the rise in initiatives aimed at harmonisation of regulation in the area of public expenditure (review of Stability and Growth Pact, fiscal compact), in the area of state revenues (Action Plan on Combating Aggressive Tax Planning) as well as in the area of financial market regulation (banking union). This section is intended for contributions which will assess the impact of the given initiatives and, in a broader context, look for an answer to a question where an optimum boundary between harmonisation and free competition of alternative approaches may be placed.

Guarantees of the section: doc. PhDr. Dušan Stanek, CSc., JUDr. Ing. Matej Kačaljak, PhD.


Section 3) Manifestations of Extremism, Ethnic and Religious Intolerance

This section is intended for experts from a wider spectrum of social sciences and humanities who specialise in manifestations of extremism and intolerance in the history of Slovakia and its neighbouring countries. In terms of legal history, we could mainly speak about the manifestation of legal inequality which was evidenced by restrictions placed on legal capacity and by the creation of particular legal groups exercising separate law and public administration. However, attention may also be drawn to violent conduct instigated by cultural dissimilarity of an individual or an ethnic or religious group. Since the 19th century, modern nationalism has provoked the escalation of some manifestations of intolerance. However, with the development of elements of the civil state, different forms of restrictions imposed on legal capacity were disappearing. The most tragic consequences in terms of the history of extremism were seen in the development of totalitarian national states, in Nazi Germany and its satellite states (including the Wartime Slovak State). The reflection of this history results in a question how the present situation should be assessed – whether the Slovak or, more broadly, the European society is immune to it and whether “it learned its lesson from the history” or whether the manifestations of this nature can be seen again.

Guarantee of the section: doc. Mgr. Miroslav Lysý, PhD. 


Section 4) Exercising and Protecting Social Rights in the 21st Century – Positive Commitment of the State

Social rights falling under the second generation of human rights are facing new challenges in the 21st century. These challenges are related to technological progress and development of human resources but especially to the aftermath of economic crisis, constantly increasing globalisation as well as to the current issues of economic and war migration. These rights are connected to equal conditions and equal treatment and they are related to the performance of state's economic and social role. In order to ensure that they are respected, state's activity – status positivus - is inevitable. Challenges faced by the EU Member States in the 21st century will definitely encompass the reaction to the given changes, especially in relation to the positive commitment to implement them and to protect rights such as the freedom to choose an occupation, right to conduct business activities and to carry on other gainful activities, right to engage in work, right to fair and just working conditions as well as the development of working conditions of particular groups (women, juveniles, or disabled  persons). In addition to this, the commitment of states concerning the social security will also require significant attention, especially due to the fact that the European population is ageing and there is a lack of workforce.

Guarantee of the section: JUDr. Juraj Hamuľák, PhD.


Section 5) Governance and Supervision in Business Organisations in the Context of the EU Law Development             

This section focuses on the position of members of business organisation bodies as well as on the position of shareholders in governing and supervising business organisations. Different standards required in governing and supervising, depending on the type of a business organisation, will be subject to comparative analysis with respect to selected EU or non-EU states jurisdictions and ECJ and ECHR case law.

Guarantee of the section: prof. JUDr. Mária Patakyová, PhD.


Section 6) Trends in Development and Creativity in the Area of International Law at the Beginning of the 21st Century

International law is undergoing a complicated developmental period which is marked, inter alia, by the process of stagnation and fragmentation as far as its codification and progressive development is concerned. In terms of creation, interpretation, application and implementation of international law, it is necessary to seek new instruments which, in the growing absence of fundamental sources of law such as international treaties, international customary law and general legal principles recognised by civilised nations, aid the perception of law as being the art of goodness and equity. In this regard, greater attention is drawn to subsidiary sources of law such as case law established by international tribunals and the doctrine established by the most qualified legal experts and their creative use in order to resolve urgent legal challenges connected with globalisation and internationalisation of many social relationships.

Guarantee of the section: doc. JUDr. Peter Vršanský, CSc.


Section 7) Collective Redress

The need for an intense interest in collective redress in the Slovak Republic results especially from the European law (namely from the European Commission Recommendation No. 2013/396/EU of 11 June 2013). Nowadays, Member States are required by EU law and international treaties ratified by the EU to establish in certain areas the injunctive collective redress mechanism and more Member States have also introduced the compensatory collective redress mechanism. The aim of this civil law section is to stimulate the interest of legal community in the given issue and to hold discussions about the need for the so called collective action and about specific features of national jurisdictions which ought to be reflected by legislator in the future legal regulation of this institute and to discuss the implications of this legal regulation for general procedural regime, in the strict sense, and in the broader sense, its implications for social and legal relationships.

Guarantees of the section: doc. JUDr. Svetlana Ficová, CSc., doc. JUDr. Marek Števček, PhD.


Section 8) Impact of the EU Law on the Creation of Principles and Rules of Administrative Sanctioning

The section of administrative law focuses on the need for the application of European law to administrative sanctioning and especially on the impact of European law on the formation of principles of administrative sanctioning and their application. The Convention for the Protection of Human Rights and Fundamental Freedoms, selected recommendations of the Committee of Ministers of the Council of Europe as well as related ECHR case law play an important role in this process. The choice of this topic also resulted from the fact that European law is insufficiently reflected by administrative authorities which carry on administrative sanctioning and it also stemmed from the resulting adverse nature of their decision-making process. The aim is to identify the respective basic issues and to define the principles which shall be applied in the process of administrative sanctioning.

Guarantee of the section: prof. JUDr. Marián Vrabko, CSc.


Section 9) Common European Identity in the Context of Current Legal Challenges

The primary aim of European integration has always been to ensure peace across Europe. During the first decades, this objective was to be achieved namely through economic integration. However, this was becoming of ever more distinctive political nature, especially after the creation of the European Union, its citizenship and after the adoption of the Charter of Fundamental Rights. The creation of Schengen system and common asylum and visa policy also represented an important stage in this process. The starting point of this development was the idea that states participating in European integration, despite significant differences between them, share common values which are evidenced mainly in the democratic form of governance and protection of human rights. Constitutional homogeneity or common legal (not only constitutional) principles which form the common European identity were frequently referred to in this regard. Current state of political development casts a rather different light on the issue of common European legal identity or common European values and at the same time puts it to the difficult test. Law is always an integral part of social development and the fundamental tool for its implementation. The issue of common European identity in the context of current legal challenges thus represents an issue which is, more or less, related to all areas of law.

Guarantee of the section: prof. JUDr. Ľubor Cibulka, CSc.


Section 10) Internet as an Area for the Potential Infringement of Rights

The internet is not immune to being misused to carry out unlawful activities. On the contrary, the seeming anonymity provokes conduct which one would think twice about and refrain from in the “analogue” world. It is not only the commission of crimes itself, such as dissemination of child pornography, “identity theft”, other frauds committed in relation to using electronic communication, purchase and sale of illegal goods, verbal offences targeted at specific groups of population or the infringement of intellectual property rights. The seemingly less harmful circulation of spam messages, interfering with one's privacy, and protection of personal data, personality, business name and reputation of legal entities as well as unintentional hacking all represent rather wide-spread misconduct. These and other forms of possible unlawful conduct on the internet will be discussed within the section which focuses on the internet and law in this year's conference Bratislava legal forum at Comenius University in Bratislava. Anybody interested in presenting his/her contribution within this section is welcome!

Guarantee of the section: doc. PhDr. JUDr. Tomáš Gábriš, PhD., LL.M.


Section 11) Protection of Rights in the Context of the Clash of Legal Cultures

The topic of this section appears to be very interesting and up-to-date in the context of migration crisis. We recommend that the topics of contributions focus on the protection of rights in the Classical Roman law, in the history of European states as well as in the currently applicable law of EU Member States with respect to the clashes of legal cultures which the migration crisis naturally brings about.

Guarantee of the section: doc. JUDr. Matúš Nemec, PhD.


Section 12) Clash of Legal Cultures in Europe

This section focuses on current challenges faced by Europe and the whole world. The elements of new legal cultures are emerging in countries across Europe and neither their inhabitants, nor the authorities in the EU states have sufficient experience in dealing with them. This clash represents a challenge for the creation and application of law. A very important question remains to what extent the advantages gained through these new and enriching legal elements will correspond to the challenges and issues which the clash of legal cultures will bring about.

Guarantee of the section: doc. PhDr. Jarmila Chovancová, CSc.


Section 13) Criminal Sanctions: Progressive Trends in the Execution of Criminal Sanctions

The execution of criminal sanctions undoubtedly represents one of the current criminal law issues. The issues concerning the development of legal regulation and new legal institutes are being discussed in this regard. These issues also encompass electronic monitoring of persons from the prison service perspective and open departments as a tool for the progressive execution of prison sentence. The development of legal regulation in this area requires that the Recommendation of the European Committee for the Prevention of Torture and Inhumane or Degrading Treatment or Punishment is also followed.

Guarantee of the section: doc. JUDr. Lucia Kurilovská, PhD.


Section 14) Europeanisation of Non-European Legal Area

The European Union not only created its own law but it also exports its law by means of various instruments to non-EU countries, starting with the export of general principles to detailed rules of technical nature. This phenomenon may be targeted, e.g. in concluding the contracts of association or in carrying on other external activities by the European Union, but it can also represent the accompanying consequence of the functioning of the internal market or of the adoption of European models by other integration groups without direct interference of the EU. The discussion held in this section will focus on various aspects of the outlined phenomenon, such as the impact of international treaties and other external activities carried out by the EU on national jurisdictions as such, extraterritorial effects of EU law caused either directly through the entry of entities from third countries to the internal market which have to observe EU law and European standards already in carrying on their activities in the country of their origin or caused by the application of private international law rules.

Guarantee of the section: JUDr. Ing. Ondrej Blažo , PhD.

Organizers

 

 

 

Partners

  

   
   
(c) Právnická fakulta UK v Bratislave - autor stránkok Mgr. Michal Lenhart