Explainable artificial intelligence for the moderation of contractual penalties by the court
The court’s authority to moderate contractual penalties is a key tool for ensuring fairness in contractual relationships, and its application depends on the interpretation of the vague legal concept of an “excessively high” penalty. The current emergence of artificial intelligence in the legal field offers opportunities for analyzing extensive case law, but it faces the “black box” problem, which conflicts with the requirement to justify judicial decisions. In this paper, we examine the potential of explainable artificial intelligence in objectifying the criteria for moderating fines in the context of Slovak law. Based on an analysis of legal doctrine and a practical examination of the technical capabilities of explainable artificial intelligence, this paper assesses whether it is possible to use algorithms to provide legally relevant justification for the mitigation of contractual penalties. In this paper, we conclude that the most suitable model is the use of artificial intelligence as an assistant in a hybrid system, where the final assessment of proportionality remains within the competence of a human judge.
Copyright (c) 2026 Paneuropean Law Journal
Extraordinary Circumstances in Air Transport under the Carrier’s Liability Regime of Regulation (EC) No 261/2004
This paper examines the interpretation of the concept of “extraordinary circumstances” in air transport in the context of an air carrier’s liability under Regulation (EC) No. 261/2004, which in practice constitutes a key element in assessing the grounds for exempting the carrier from liability for flight cancellations or delays. The significance of this vague legal concept lies in its decisive role in assessing passengers’ claims for financial compensation against air carriers, who very often invoke the existence of extraordinary circumstances to exclude their liability. In this context, the paper analyses the relevant case law of the Court of Justice, which defines the criteria for assessing extraordinary circumstances in specific situations, such as technical malfunctions, adverse weather conditions, or strikes. It further addresses the question of whether extraordinary circumstances constitute a general exception to the carrier’s obligations under Regulation (EC) No 261/2004 and what impact their existence has on the carrier’s liability under national law or the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention).
The Legal Constraints and Integration Potential of the European Union in the Area of Space Security
This paper examines the legal constraints and integration potential of the European Union (EU) in the area of space security. From analytical point of view it focuses on the normative content and systemic implications of Article 189 TFEU, Article 4(2) TEU, Article 42 TEU, and Article 346 TFEU, interpreted in conjunction with selected instruments of secondary law and the Union’s strategic policy documents. Specific attention is devoted to the tension between the increasingly salient security and defense dimension of European space policy and the enduring limits of the Union’s competences in matters of national security and defense. The paper contends that, although the EU’s integrative potential in this field is considerable, it is realized primarily through indirect mechanisms, most notably the internal market, regulatory standard-setting, common funding frameworks, the strengthening of critical infrastructure resilience, and the development of shared capabilities, rather than through the full supranationalization of defense powers.
European Union, space security, space law, strategic autonomy, IRIS², EU Space Act
The Scope and Limits of Article 9 of the Water Framework Directive: Cost Recovery, Affordability and Water Governance
Article 9 of the Water Framework Directive introduced cost recovery as a central principle of EU water governance, linking pricing policies to environmental objectives and the polluter pays principle. At the same time, the Directive recognises that water is not a commercial product like any other, but a shared heritage. A tension between economic rationality and social protection is visible between the two. This article examines the scope and limits of Article 9 by analysing its legal design, its implementation challenges, and its interaction with affordability. It argues that cost recovery, while necessary, cannot function as a standalone principle. In practice, tariffs rarely reflect full financial, environmental, and resource costs, and are constrained by political choices and social considerations. The result is a fragmented application across Member States, where affordability concerns are addressed inconsistently and often remain external to the legal structure of the Directive. The article further develops the concept of sustainable cost recovery, based on the combination of tariffs, taxes, and transfers, as a more realistic approach to financing water services. It concludes that the limits of Article 9 are not only technical, but structural. Without a governance framework that integrates affordability, transparency, and accountability, cost recovery remains an incomplete tool, capable of guiding policy but insufficient to ensure equitable and resilient water services in the European Union.
Grounds for refusal and withdrawal of international protection in the criminal law context
This article examines the legal grounds for refusal and withdrawal of international protection in the Czech Republic, with a particular focus on their criminal law context. It analyses the interpretation of exclusion clauses under national law in light of European Union and international legal frameworks. Special attention is paid to vague legal concepts such as “serious non-political crime” and “particularly serious crime,” as well as the evidentiary standard of “serious reasons for considering.” The paper highlights the role of autonomous interpretation and the influence of judicial practice. It further explores the relationship between criminal conduct and the assessment of danger to society or state security. The article also addresses selected interpretative challenges and inconsistencies in application. Finally, it considers the broader human rights implications, including the principle of non-refoulement.
international protection, exclusion clauses, serious crime, reasonable suspicion, non-refoulement
Surrender Without an Addressee: The Limits of the Right to Surrender in the Era of Unmanned Systems
The submitted article adresses one of the pressing issues in contemporary armed conflicts, i.e. the moment of legally effective surrender in relation to unmanned systems. Traditionally, the international humanitarian law is based on the assumption of the presence of the addressee – an adversary party to the conflict with the capability to recognize and accept an acts of surrender. This article examines when surrender may be considered effective in the context of a technologically mediated battlefield.. The answer to this question is crucial for determining the point at which a surrendering individual acquires protection as hors de combat. The aim of the article is to identify the gaps on the level of de lege lata and to assess their implications not only for the protection of surrenders, but also from the perspective of the invocation of the international resposibility of the state for the use of force.
surrender, unmanned system, armed conflict, hors de combat
The Book as a Specific Cultural Good (Merit Good) in the Context of Slovak Law
An interdisciplinary analysis primarily places the concept of the book within the legal-theoretical and constitutional framework of the Slovak Republic and the European Union. In this context, the book is defined not merely as a common material carrier of information, but above all as a specific good worthy of protection (merit good), which brings significant positive benefits to society. Attention is focused in detail on the causal link between reading literacy, the development of cognitive abilities, and economic growth, with the argumentation finding support in international empirical findings and PISA testing results. Subsequently, the value tension between the principles of free economic competition and the constitutional imperative to protect cultural heritage is critically evaluated, pointing out the limits to the freedom of enterprise and the necessity of applying a proportionality test in the case of potential book price regulation. The main objective is to formulate comprehensive theoretical and legal starting points for de lege ferenda considerations aimed at preventing negative externalities and providing systemic protection for the national book market against the impacts of absolute deregulation.
book, cultural good, merit goods, reading literacy, freedom of enterprise, cultural exception, book market
Social media as a as a modern tool for conducting election campaigns
This paper examines the role of social media in election campaigns from the perspective of Slovak law. It analyses the legal definition of an election campaign and the application of existing legal rules to the online environment, particularly social media platforms. Special attention is devoted to issues related to the transparency of online political advertising, election silence periods, the involvement of influencers, campaign financing, and the dissemination of disinformation. The paper also explores the causes of the identified problems from the perspective of both the legal framework and its practical application. Furthermore, it includes a comparison of selected foreign legal regulations and the current regulatory framework of the European Union. Based on the conducted analysis, the author formulates de lege ferenda proposals aimed at increasing the transparency and effectiveness of the regulation of election campaigns on social media while respecting freedom of expression and other constitutionally protected rights.
The change of legal form of companies and cooperatives in the new legislation
The change of legal form represents a significant legal and economic process in the life cycle of a company. It involves transforming a business entity from one legal form to another without terminating its legal personality. This paper is an analysis of the legal regulation of changes in the legal form of commercial companies and cooperatives under the new Act No. 309/2023 Coll. on Conversions of Commercial Companies and Cooperatives („the Conversion Act“). The aim of the Conversion Act is to implement EU Directive 2019/2121, as well as to create a uniform and transparent framework regulating the various types of domestic and cross-border conversions and changes of legal form of the companies in Slovakia. The author analyzes the current legal regulation of changes in the legal form of commercial companies and cooperatives, which is a national (domestic) change of legal form and a cross-border change of legal form. Using the comparison method, the most fundamental differences in the legal regulation of changes in legal form under the previous legislation in the Commercial Code and under the new legislation in the Conversion Act are pointed out. It also highlights the differences between domestic and cross-border changes in the legal form of companies and cooperatives. Particular attention is paid to the protection of interested parties.
national (domestic) change of legal form
Copyright (c) 2025 Paneuropean Law Journal
The Right to Housing in the Legal Regulations of the Slovak Republic
The article focuses on the constitutional and legislative foundations, maps the international legal obligations of the Slovak Republic, and highlights selected issues: the shortage of affordable housing (especially rental housing), the fragmentation of state and municipal competencies, and the risk of exclusion of marginalized groups. Finally, it provides “pro futuro” recommendations — legislative, political, and administrative measures aimed at better implementation and protection of the right to adequate housing.
Main Role Of Forensic Biology In Sexual Crimes
The article focuses on the relationship between forensic biology and sexual offenses. It analyzes how biological traces contribute to the detection and clarification of these crimes. Also, it highlights the importance of properly securing, preserving, and examining biological material, which can confirm contact between the perpetrator and the victim. The article emphasizes that forensic biology is an integral part of this field.
Theoretical basis of the current decision-making practice of general courts of the Slovak Republic in the matter of erasing a statute-barred lien from the public register
Even though the legal regulation of the institute of the right of lien (or its enforcement), which is contained in §151a et seq. of the Civil Code, is relatively complex, it neglects the situation of how to deal with the record (in the relevant public register) of the right of lien, the enforcement of which is time-barred. The author defines this problem as a gap in the valid legal regulation and points out the method of filling it by the highest judicial authorities of the Slovak Republic. However, author does not consider the situation to be resolved and, in comparison with the Czech legal regulation, proposes an amendment to the Slovak legal regulation so that the problem is also resolved at the level of positive law.
Rigth of lien, Time barred claim, Gap in the applicable legal regulation, Systematic interpretation of law, Teleological interpretation of law
Legal Regulation of Arms Control and Disarmament in Outer Space: Quo vadis PAROS?
The legal regulation of arms control and disarmament in outer space faces significant challenges due to rapid technological progress and the absence of binding international treaties. This study analyzes existing legal mechanisms, particularly the PAROS initiative (Prevention of an Arms Race in Outer Space), aimed at preventing the militarization of outer space. It focuses on the shortcomings of the 1967 Outer Space Treaty and the need to strengthen the legal framework in the light of new technologies, including anti-satellite weapons. The study examines the positions of major global actors, especially the United States, the Russian Federation, China, and the European Union, and their influence on shaping norms of space security. Finally, it proposes directions toward an effective multilateral system that would ensure the peaceful use of outer space and prevent its militarization.
The principle of legal certainty and the uniformity of decision-making in civil proceedings
This study explores the fundamental role of legal certainty and uniformity of judicial decisions in ensuring a stable and predictable civil justice system. It analyzes mechanisms such as the Supreme Court’s unifying opinions, grand chamber decisions, and the doctrine of prejudiciality, emphasizing their importance for safeguarding the rule of law. The paper compares Slovak practices with foreign legal systems, highlighting the significance of consistent jurisprudence for public trust and legal stability. It proposes de lege ferenda measures, including mandatory referral of cases with conflicting judgments to the grand chamber, to enhance legal certainty and prevent legal chaos. The findings underscore that clear, well-founded decisions are essential for upholding justice, confidence, and the rule of law in Slovakia.
legal certainty, judicial uniformity, prejudiciality, rule of law
Psychological aspects of leaning towards undemocratic state regimes
Authors examine the defining characteristics of individual types of undemocratic state regimes and the psychological justifications that justify the population's support for such regimes. The findings are applied to the Democratic People's Republic of Korea, where the defining features of undemocratic state regimes and the use of means that psychologically justify state repression and the absence of a democratic state regime are sought.
Authoritarian state regime, ideology, undemocratic state regime, psychological fear, totalitarianism.
Enforcement of Administrative Decisions: the Analysis of Preferences in the Construction Sector
This paper analyses the effectiveness of enforcing monetary and non-monetary obligations under the general administrative procedure act and the enforcement code, focusing on the compulsory enforcement of decisions ordering the demolition of buildings and the imposition of fines for construction-related offences. The study includes a quantitative descriptive analysis aimed at identifying the preferred method of enforcement among administrative authorities and examining whether the choice of an appropriate enforcement method is regulated by internal guidelines. The research was conducted on a sample of building authorities from the municipal districts of Bratislava and Košice. The findings reveal a discrepancy between the theoretically more time-efficient method of enforcement and the actual practices of building authorities. The results provide insights into administrative authorities' enforcement preferences and may contribute to optimising enforcement practices in this field.
enforcement, administrative decision, demolition order, administrative construction offence, construction law
The "Skarga Nadzwyczajna" in Poland – A Story of Ambition, Failure, and (Inevitable) Demise
The skarga nadzwyczajna (extraordinary complaint), introduced into the Polish legal system in 2018, represented an ambitious attempt to expand judicial protection of constitutional rights and to challenge final court decisions beyond existing extraordinary legal remedies. Although the right to lodge such a complaint was strictly limited to a closed group of public authorities, the scope of its admissibility was remarkably broad. From its inception, the institution drew criticism concerning its redundancy, the risks of political misuse, and its potential to undermine legal certainty. This article analyses the doctrinal foundations, normative framework, and practical operation of the extraordinary complaint in the context of Polish civil procedure. Particular attention is paid to its interpretative ambiguities and structural issues, as well as to current legislative developments aimed at repealing the mechanism. The author argues that these efforts reflect a rational response to the doctrinal and functional unsustainability of the institution in a modern rule-of-law-based legal system.
Trends and changes in consumer protection in the Slovak Republic as of July 2024
Following an initial exploration of historical context, this paper examines the substantial changes introduced to consumer protection under the Slovak legal framework as of July 2024, with the enactment of Act No. 108/2024 Coll. on Consumer Protection. The discussion focuses on key aspects of the legislation, including consumer rights, traders' information obligations toward consumers, the right of withdrawal, deceptive acts and omissions, aggressive or misleading commercial practices, debt recovery procedures, complaint handling, and contracts concluded remotely or outside the trader's business premises. Additionally, the paper highlights the benefits of the new legislation for traders, particularly in reducing administrative burdens that were previously excessive and offered little practical value to consumer protection.
Air passenger protection in European Union law
The protection of air passenger rights is one of the key policy areas of the European Union, which aims to ensure a high level of consumer protection, mobility of citizens and equal access to transport services across Member States. The article presents the particular rules of Union law that apply in this area and clarifies their meaning through the relevant case law of the Court of Justice.
The effectiveness of the EU and USA in minimizing the administrative burden for government programs aimed at food production and accessibility
Every individual possesses the fundamental right to adequate food, a principle firmly embedded in international human rights law. In response to this normative obligation, numerous states have incorporated the right to food into their constitutional frameworks, national legislation, and public policy strategies, thereby reaffirming their duty to respect, protect, and fulfil this right, particularly for their domestic populations. This paper investigates recent reforms in food and agricultural policy in the European Union and the United States, with particular emphasis on the post-2020 geopolitical and public health landscape. The Russian Federation’s military aggression against Ukraine—one of the world’s principal grain exporters—alongside the prolonged disruptions caused by the COVID-19 pandemic, has exposed the fragility of global food systems and highlighted the need for legal and policy innovation to ensure stable food production and accessibility. The focus of this research is to examine whether digitalisation has served as a catalyst in enhancing food security by facilitating more efficient public administration. The extent to which digital reforms have reduced administrative burdens in the implementation of key food-related programs: the European Union’s Common Agricultural Policy (CAP) and the United States’ Supplemental Nutrition Assistance Program (SNAP) will be discussed. Administrative burdens are defined as costs imposed on individuals and institutions in complying with public policies, including learning, compliance, and psychological costs —can significantly undermine the accessibility and effectiveness of social welfare programs. While the EU and the U.S. have adopted distinct regulatory pathways, both systems are guided by a shared objective: the preservation of their citizens’ right to food. This paper evaluates whether digitalisation has not only minimized bureaucratic complexity but also substantively contributed to improving access to food and the efficiency of food production systems.
The abuse of diplomatic privileges and immunities
The article deals with an area of diplomacy that appears to be one of the most controversial, namely with privileges and immunities, as well as the question of their possible abuse. The goal is to assess the change in the perception of this term and to analyze through cases the extent of the abuse of privileges and immunities and the mechanisms that are used to limit abuse. The article includes an argumentation about the lack of homogeneity in the mechanisms, that follow the abuse of privileges and immunities, as well as a cross-section of diverse media-reported cases of abuse of privileges and immunities, with an emphasis on the diversity of cases based on their geographical context and issues of fact.
Diplomatic privileges and immunities, the abuse, options for limiting abuse
The European Union, the Energy Charter Treaty, and the tightrope between law and conscience
This paper examines the European Union’s decision to withdraw from the Energy Charter Treaty and its refusal to endorse the modernised version, focusing on its legal implications under both EU and international law. The analysis explores whether the EU’s actions align with its obligations under Article 21 of the Treaty on European Union and the Vienna Convention on the Law of Treaties, particularly regarding the principles of good faith and pacta sunt servanda. It considers the tension between the EU's commitment to international investment protection and its ambitious climate goals. The paper also investigates how these legal challenges affect the EU's role in global energy governance and treaty negotiations, offering insights into the broader implications of balancing political, environmental, and legal priorities in future multilateral agreements.
Interest of a minor child – selected issues
The work is concerned with the issue of the interest of a minor child in historical and legal contexts, then focuses on the understanding of the concept of “best interests of the child” in the Convention on the Rights of the Child adopted by the United Nations in 1989, and finally examines the extent to which the concept of “interest of a minor child” in Slovakia´s Act No. 36/2005 Coll. on the Family, as amended, corresponds to the concept in the Convention on the Rights of the Child.
Selected issues of normative adjustments and application practice of generalextenuating circumstances in Czechoslovakia 1918–1938. 2. Normativity, itsevolution and context
The series of articles deals with the legal regulation of general mitigating circumstances as an important criminal law institute influencing especially the amount of punishment imposed in interwar Czechoslovakia in 1918–1938. It provides an analysis of both the normative form of the institutes examined at the time and their application in a pilot study of the decision-making practice of the Czechoslovak courts. In doing so, it notes the conceptual differences regarding the general mitigating circumstances and their application in the law of the Czech lands and in the law in force in the territory of Slovakia and Subcarpathian Rus, when, as a result of legal pluralism, the form of criminal law differed in the various territories of the Czechoslovakia, which affected not only generally binding normative acts, but also the very decision-making and the form of the so-called living law, and thus legal certainty and legitimate expectations. The series of articles draws attention to the correspondences and differences in the identification of general mitigating circumstances in the Czech lands and in Slovakia and Subcarpathian Rus, and to the consequences that this led to in their application in practice, including shortcomings and errors. It also draws attention to the contemporary principles of interpretation related to the application of the norms and principles of general mitigating circumstances and, more broadly, of criminal law in the years 1918–1938, to the elements of similarity and possible unification within the judicial decisions on general mitigating circumstances, as well as to the differences between theories and norms on the one hand and the actual decision-making concerning (not only) general mitigating circumstances in contemporary criminal law on the other. In doing so, it does not neglect the influence of extra-legal, especially political, considerations on this decision-making practice. The series of articles thus not only provides a thorough introduction to the historical roots of one of the important legal institutes still existing in the law of the Czech Republic and Slovakia today, but also enables a better understanding of how the legal order actually functioned at that time. Due to its size, the text is divided into two consecutive articles, one of which is devoted to the normative form and the other to the application practice related to the issue under study. Building on the previous article, this second article presents selected issues of the application practice of general mitigating circumstances in the Czechoslovakia in 1918-1938, conceptual, functional and other issues of application practice regarding general mitigating circumstances in Czechoslovakia with respect to normativity and legal pluralism, and summarizes the research findings from both articles.
The New Constitutional Framework for Early Elections: Between Referendum and Parliamentary Resolution
The article examines the intensely debated issue of shortening the term of the National Council of the Slovak Republic, a topic that gained prominence in recent political discourse. It compares two mechanisms that were at the center of public and expert debate – a referendum and a parliamentary resolution. The analysis is based on the wording of Constitutional Act No. 24/2023 Coll. and the relevant case law of the Constitutional Court of the Slovak Republic (particularly the judgment under file no. PL. ÚS 7/2021 of 7 July 2021). Special attention is devoted to the practical consequences and risks of misuse of these instruments, particularly the referendum, in a polarized society. In conclusion, the author evaluates both mechanisms in terms of their impact on the legitimacy and effectiveness of the constitutional system.
early elections, referendum, parliamentary resolution, constitutional framework
Lay Judge’s Authorisation for Acquaintance with Classified Informationand the Right to a Lawful Lay Judge
This paper addresses the identification of the legal basis of authorisation for acquaitance with classified information to lay judges. It highlights inconsistencies in the practices of first-instance criminal courts. The paper argues that lay judges are authorized to access classified information without security clearance, solely upon providing a confidentiality declaration and receiving appropriate instruction. Requiring security clearance as a condition for such access raises tensions with the right to a lawful judge and interferes with judicial independence and impartiality, particularly in cases where lay judges adjudicate matters involving the interests of intelligence service that participate in the clearance process itself. Nevertheless, the paper points out insufficient guarantees regarding the institutional impartiality and independence of lay judges, emphasizing that this issue poses significant problems in terms of their access to classified information.
independent and impartial tribunal established by law
Donor anonymity in assisted reproduction in the light of the child's right to know their origin
This study examines the legal, ethical, and psychological dimensions of donor anonymity in assisted reproduction from the perspective of international law and children's rights. Drawing on the Convention on the Rights of the Child and the jurisprudence of the European Court of Human Rights and the Inter-American Court of Human Rights, it analyzes the evolving recognition of the child’s right to know their biological origins as an essential component of identity and human dignity. Through a comparative overview of legislative developments in various countries, the study highlights a global trend toward ending absolute donor anonymity and introducing identifiable donation systems. It argues that while the rights of donors and social parents must be respected, the best interests of the child should prevail in cases of conflicting interests. The paper also explores ethical dilemmas, the risk of genealogical bewilderment, and the practical unsustainability of anonymity in the era of genetic databases. The analysis ultimately supports legislative frameworks that seek to sensitively balance the rights of all parties while placing transparency, identity, and the well-being of the child at the centre of regulation.
Firmancy and its tax consequences in Polish law
Tax fraud is one of the most dangerous violations of tax law. Their most common cause is the taxpayer's desire to conceal the source or amount of money received. The use of another person's name, surname or business name in a business activity, with that person's knowledge and consent, in order to hide or conceal the true scope of the activity in question, is known as firmancy. It is illegal and qualified as tax fraud. It is most often carried out in order to defraud a VAT refund or reduce the fiscal burden. Persons committing firmancy are subject to fiscal and tax criminal liability. In the practice of the tax authorities, it is not easy to collect evidence confirming the firmancy, Helpful in combating the practice is the implementation into Polish law of the EU Directive DAC7. The directive imposed an obligation on digital platform operators from EU countries to report to the tax authorities data on sales transactions of goods and certain services made through their Internet.
Copyright (c) 2024 Paneurópske právnické listy
Development of Matrimonial Property Law in Czechoslovakia
The formation of Czechoslovakia was characterised by legal dualism, the consequences of which raised the inevitable need for unifying the individual sections of law, including matrimonial law. Differences in this area persisted until 1949, when Act No. 265/1949 Coll. on Family Law was adopted. The paper presents a brief but comprehensive overview of the development of matrimonial law in the Czechoslovak legal system from the establishment of the common state until the formation of the independent republics.
Changes in the status of political parties in property relations in the 20thcentury Slovakia
The paper is devoted to the issue of the legal regulation of political parties in the 20th century in Slovakia and related changes in property rights. Namely, it is devoted to the period at the end of the monarchy, during the Czechoslovak Republic, the Slovak state, during the communist regime and, finally, the democratization process and related legislative changes in the field of legal regulation of the political parties after November 1989. The aim of the contribution is to analyse and compare individual legal regulations as well as the ideas behind them and thus provide a picture of the development of the legal regulation of the property status of political parties in the 20th century on the territory of Slovakia.