Paneuropean Law Journal
type: channel
publisher: Paneurópska vysoká škola, n.o.
language: en
publication name: Paneuropean Law Journal
issn: 2644-450X
items: Trends and changes in consumer protection in the Slovak Republic as of July 2024
items: Air passenger protection in European Union law
items: The effectiveness of the EU and USA in minimizing the administrative burden for government programs aimed at food production and accessibility
items: The abuse of diplomatic privileges and immunities
items: The European Union, the Energy Charter Treaty, and the tightrope between law and conscience
items: Interest of a minor child – selected issues
items: Selected issues of normative adjustments and application practice of generalextenuating circumstances in Czechoslovakia 1918–1938. 2. Normativity, itsevolution and context
items: The New Constitutional Framework for Early Elections: Between Referendum and Parliamentary Resolution
items: Lay Judge’s Authorisation for Acquaintance with Classified Informationand the Right to a Lawful Lay Judge
items: Donor anonymity in assisted reproduction in the light of the child's right to know their origin
items: Firmancy and its tax consequences in Polish law
items: Development of Matrimonial Property Law in Czechoslovakia
items: Changes in the status of political parties in property relations in the 20thcentury Slovakia
items: The right to review investigation file after the investigation closure –formalism of criminal law or significant procedural right?
items: Detention and restriction on a suspect's personal liberty in police practice
items: Institute of a cooperating person in the intentions of the amendment of thePenal Code
items: Dispositional principle in the application of procedural attack and proceduraldefense means in proceedings according to the Civil Procedure Code
items: Selected issues of normative adjustments and application practice of generalextenuating circumstances in Czechoslovakia 1918–1938. 1. Normativity, itsevolution and context
items: Types of competition of legal norms and methodological tools for solving thecompetitions
items: The Expert’s Liability for the Performance of Expert Activities
items: Municipal legal person
items: Principles of creation of business names of natural persons and legal entities
items: Regulation of video sharing platforms in the European Union and Hungary
items: The accusation of the state of Israel of the crime of genocide
items: Types of defence and the position of the defence counsel in criminal proceedings in the legal conditions of the Slovak Republic
items: Collective management of the rights of the omitted authors
items: Defense counsel’s opening statement from the point of view of the contradictory nature of criminal proceedings
items: The transformation of legal remedy procedures upon request in Hungarian administrative law
items: Recent progress of judicial practise of European court of human rights in application of principle non bis in idem in duality of tax and criminal proceeding
items: Failure to wear a bicycle helmet and the issue of a cyclist´s contributory negligence in a traffic accident from the perspective of German, Czech and Slovak case law

Trends and changes in consumer protection in the Slovak Republic as of July 2024
type: item
description: 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.
subject: Articles
  topic: section
subject: consumer protection
  topic: keywords
creator: Peter Bednár
rights: Copyright (c) 2025 Paneuropean Law Journal
date: 2025-06-17
publication date: 2025-06-17
starting page: 96
ending page: 107

Air passenger protection in European Union law
type: item
description: 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.
subject: Articles
  topic: section
subject: passenger protection
  topic: keywords
subject: air traffic
  topic: keywords
subject: European Union law
  topic: keywords
subject: case law of the Court of Justice
  topic: keywords
creator: Andrej Karpat
rights: Copyright (c) 2025 Paneuropean Law Journal
date: 2025-06-17
publication date: 2025-06-17
starting page: 166
ending page: 177

The effectiveness of the EU and USA in minimizing the administrative burden for government programs aimed at food production and accessibility
type: item
description: 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 t…
subject: Articles
  topic: section
creator: Rebeka Jánošová
rights: Copyright (c) 2025 Paneuropean Law Journal
date: 2025-06-17
publication date: 2025-06-17
starting page: 149
ending page: 165

The abuse of diplomatic privileges and immunities
type: item
description: 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.
subject: Articles
  topic: section
subject: Diplomatic privileges and immunities, the abuse, options for limiting abuse
  topic: keywords
creator: Petra Lukačovičová
rights: Copyright (c) 2025 Paneuropean Law Journal
date: 2025-06-17
publication date: 2025-06-17
starting page: 128
ending page: 137

The European Union, the Energy Charter Treaty, and the tightrope between law and conscience
type: item
description: 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.
subject: Studies
  topic: section
creator: Ferenc Poecz
rights: Copyright (c) 2025 Paneuropean Law Journal
date: 2025-06-17
publication date: 2025-06-17
starting page: 53
ending page: 76

Interest of a minor child – selected issues
type: item
description: 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.
subject: Articles
  topic: section
creator: Ivana Klimáčková
rights: Copyright (c) 2025 Paneuropean Law Journal
date: 2025-06-17
publication date: 2025-06-17
starting page: 108
ending page: 127

Selected issues of normative adjustments and application practice of generalextenuating circumstances in Czechoslovakia 1918–1938. 2. Normativity, itsevolution and context
type: item
description: 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 introduc…
subject: Studies
  topic: section
subject: criminal law
  topic: keywords
subject: general mitigating circumstances
  topic: keywords
subject: extraordinary sentence reduction
  topic: keywords
subject: Czechoslovakia
  topic: keywords
subject: legal history
  topic: keywords
subject: courts
  topic: keywords
subject: decision-making
  topic: keywords
creator: Jiří Šouša jr.
creator: Vladimír Feľbaba
creator: Martin Neumann
creator: Adéla Jevčáková
rights: Copyright (c) 2025 Paneuropean Law Journal
date: 2025-06-17
publication date: 2025-06-17
starting page: 1
ending page: 30

The New Constitutional Framework for Early Elections: Between Referendum and Parliamentary Resolution
type: item
description: 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.
subject: Articles
  topic: section
subject: early elections, referendum, parliamentary resolution, constitutional framework
  topic: keywords
creator: Simona Karafová
rights: Copyright (c) 2025 Paneuropean Law Journal
date: 2025-06-17
publication date: 2025-06-17
starting page: 138
ending page: 148

Lay Judge’s Authorisation for Acquaintance with Classified Informationand the Right to a Lawful Lay Judge
type: item
description: 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.
subject: Studies
  topic: section
subject: lay judge
  topic: keywords
subject: classified information
  topic: keywords
subject: security clearence
  topic: keywords
subject: right to the lawful judge
  topic: keywords
subject: security of tenure
  topic: keywords
subject: independent and impartial tribunal established by law
  topic: keywords
creator: Adam Valček
rights: Copyright (c) 2025 Paneuropean Law Journal
date: 2025-06-17
publication date: 2025-06-17
starting page: 77
ending page: 95

Donor anonymity in assisted reproduction in the light of the child's right to know their origin
type: item
description: 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.
subject: Studies
  topic: section
subject: children's rights
  topic: keywords
subject: international law
  topic: keywords
subject: assisted reproduction
  topic: keywords
subject: donor anonymity
  topic: keywords
subject: right to identity
  topic: keywords
subject: best interests of the child
  topic: keywords
subject: reproductive rights
  topic: keywords
creator: Lilla Garayová
rights: Copyright (c) 2025 Paneuropean Law Journal
date: 2025-06-17
publication date: 2025-06-17
starting page: 31
ending page: 52

Firmancy and its tax consequences in Polish law
type: item
description: 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.
subject: Articles
  topic: section
subject: Tax fraud
  topic: keywords
subject: tax firmancy
  topic: keywords
subject: tax control
  topic: keywords
subject: fraud in internet trading
  topic: keywords
creator: Dariusz Zalewski
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-15
publication date: 2024-12-15
starting page: 109
ending page: 117

Development of Matrimonial Property Law in Czechoslovakia
type: item
description: 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.
subject: Articles
  topic: section
subject: Matrimonial property law
  topic: keywords
subject: community ownership of spouses
  topic: keywords
subject: marriage
  topic: keywords
subject: property
  topic: keywords
creator: Katarína Drobná
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-15
publication date: 2024-12-15
starting page: 92
ending page: 108

Changes in the status of political parties in property relations in the 20thcentury Slovakia
type: item
description: 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.
subject: Articles
  topic: section
subject: Political party
  topic: keywords
subject: legal status
  topic: keywords
subject: legal regulation
  topic: keywords
subject: property relations
  topic: keywords
creator: Terézia Švedová
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-15
publication date: 2024-12-15
starting page: 80
ending page: 91

The right to review investigation file after the investigation closure –formalism of criminal law or significant procedural right?
type: item
description: The article addresses the issue of the reviewal of investigation file after the closure of an investigation. Initially, it deals with the preliminary proceedings as a separate stage of criminal proceedings and with the moment at which an investigation is closed. Subsequently, it focuses on the meaning and importance of the procedural mechanism in question, both in its own right and in the context of accused’s right to present a defence. Finally, it analyses the evolution of relevant legislation and offers insights into potential future developments.
subject: Articles
  topic: section
subject: Reviewal of investigation file
  topic: keywords
subject: preliminary proceeding
  topic: keywords
subject: investigation
  topic: keywords
subject: summary investigation
  topic: keywords
subject: investigation closure
  topic: keywords
subject: accused's right to present a defence
  topic: keywords
creator: Dušan Lovich
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-15
publication date: 2024-12-15
starting page: 67
ending page: 79

Detention and restriction on a suspect's personal liberty in police practice
type: item
description: The detention and restriction of a suspect's personal liberty is one of the most radical interferences into the individual's personal freedom. It is a frequently used institution in police practice. However, the current legislation causes inconsistencies in the procedures of individual departments of the Police Force. Application issues may ultimately be resolved only through an adequate amendment of the criminal procedural provisions.
subject: Articles
  topic: section
subject: Detention of a suspect
  topic: keywords
subject: restriction of a suspect's personal liberty
  topic: keywords
subject: police officer
  topic: keywords
subject: member of the Police Force
  topic: keywords
creator: Attila Fodor
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-15
publication date: 2024-12-15
starting page: 59
ending page: 66

Institute of a cooperating person in the intentions of the amendment of thePenal Code
type: item
description: The paper is dedicated to the institute of cooperating person. This institute serves to identification of a serious criminal activity and its culprits, especially in case when the law enforcement bodies fight with lack of evidence. Professional public has been pointing to deficiencies in legal regulations for a long time, and also to insufficient practical application of this institute, and these issues should be settled. The paper provides an overview of legal regulations amendment related to the cooperating person, adopted within the amendment of the Penal Code in the Act No. 40/2024 Coll.
subject: Articles
  topic: section
subject: Cooperating person
  topic: keywords
subject: benefits
  topic: keywords
subject: credibility
  topic: keywords
creator: Milada Raďašová
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-15
publication date: 2024-12-15
starting page: 47
ending page: 58

Dispositional principle in the application of procedural attack and proceduraldefense means in proceedings according to the Civil Procedure Code
type: item
description: The article deals with the issue of legal ambiguity in connection with the application of procedural attack and defense means, primarily in connection with the presentation of evidence. It is not clear from the legislation whether the party, who has the duty of assertion and proof can at any time during the proceedings withdraw its proposal for taking evidence and whether the court is bound by such withdrawal. In other words, whether the court can take the evidence even after the party has informed the court that it does not insist on taking the evidence and has withdrawn its proposal to take the evidence. This ambiguity results in a different approach by the court and disregard for the "withdrawal" of a motion to take evidence, even in cases where the motion's withdrawal is logically justified by a change in the circumstances of the ongoing proceedings.
subject: Articles
  topic: section
subject: Proposal of evidence
  topic: keywords
subject: withdrawal of the proposal of evidence
  topic: keywords
subject: burden of proof
  topic: keywords
subject: execution of evidence
  topic: keywords
creator: Dalibor Vyhnálik
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-15
publication date: 2024-12-15
starting page: 38
ending page: 46

Selected issues of normative adjustments and application practice of generalextenuating circumstances in Czechoslovakia 1918–1938. 1. Normativity, itsevolution and context
type: item
description: 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 introduc…
subject: Studies
  topic: section
subject: Criminal law
  topic: keywords
subject: general mitigating circumstances
  topic: keywords
subject: extraordinary sentence reduction
  topic: keywords
subject: Czechoslovakia,
  topic: keywords
subject: legal history
  topic: keywords
subject: courts
  topic: keywords
subject: decision-making
  topic: keywords
creator: Jiří Šouša jr.
creator: Vladimír Feľbaba
creator: Martin Neumann
creator: Adéla Jevčáková
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-15
publication date: 2024-12-15
starting page: 11
ending page: 37

Types of competition of legal norms and methodological tools for solving thecompetitions
type: item
description: In this article, we present the most common cases of competition between legal norms in Slovak civil court practice. In some of these cases, the court practice has decided and established the precedence of certain norms over others. However, a theoretical explanation of methods for resolving competition between norms is absent in Slovak legal methodology. Therefore, in this article, we summarize German theory, which clarifies the types of competition in law and provides methodological guidance for their resolution.
subject: Studies
  topic: section
subject: Alternative competition
  topic: keywords
subject: cumulative competition
  topic: keywords
subject: consumption
  topic: keywords
subject: subsidiarity
  topic: keywords
subject: speciality
  topic: keywords
creator: Tomáš Gábriš
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-15
publication date: 2024-12-15
starting page: 1
ending page: 10

The Expert’s Liability for the Performance of Expert Activities
type: item
description: The new 2004 Expert Witness Act has changed the perspective on both the performance and responsibility of expert witnesses. Over two decades, legal and judicial practice in this area has been established. This article evaluates current practice and summarizes how expert responsibility is understood, and how the risk of negative social impacts from expert activities is assessed and mitigated.
subject: Studies
  topic: section
subject: expert
  topic: keywords
subject: expert activity
  topic: keywords
subject: expert opinion
  topic: keywords
subject: expert law
  topic: keywords
subject: responsibility
  topic: keywords
creator: Marek Vochozka
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-13
publication date: 2024-12-13

Municipal legal person
type: item
description: Municipalities often establish legal entities of the so-called third sector, most commonly non-profit organizations providing services of general interest (hereinafter referred to as „municipal non-profit organization“ or „non-profit organization“). The statutory authorization for their establishment is provided by § 4 para. l) of the Act of the National Council of the Slovak Republic No. 369/1990 Coll. on municipal establishment, as amended. The existence of municipal non-profit companies causes a number of legal issues. Despite their prevalence and application problems, legal doctrine and legal literature pay no attention to municipal legal entities of the third sector. The contribution is intended to eliminate this informational deficit. The aim is a thorough analysis of the relationship between the founder – the municipality – and the established legal entity of the third sector – a non-profit organisation. The author specifically processes the impact of the decision of the Board of Directors of a municipal non-profit organization on the merger on the legal status of the municipality as a founder. By the subsequent synthesis of knowledge in the conclusion, the paper clarifies the knowledge that is condictio sine qua non for the lawful functioning of municipal legal entities and the proper approach of their founders.
subject: Studies
  topic: section
subject: differences in legal subjectivity of municipal legal entities
  topic: keywords
subject: separation of legal subjectivity of the municipality as the founder and the municipal legal entity established by municipality
  topic: keywords
subject: the municipality as the founder of a non-profit organization providing services of general interest
  topic: keywords
creator: Jozef Tekeli
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-13
publication date: 2024-12-13

Principles of creation of business names of natural persons and legal entities
type: item
description: Business names are an integral part of business. They are one of the basic identification features of an entrepreneur and distinguish the entrepreneur in the economic competition. It is therefore extremely important to pay attention to compliance with legal requirements when creating trade names and using them in business transactions. The right creation of a trade name protects the rights of other competitors, consumers, and their owners themselves. In the article, the author analyzes the concept of a business name and the principles of its creation according to Slovak commercial law. It emphasizes the principles that natural persons and legal entities must observe when registering and using the names under which they conduct their business activities. The analysis of the related provisions of the Commercial Code is supplemented by the author’s illustrative examples of trade names for a better understanding of the issue, and the author’s interpretation of the law is based on (mainly) Slovak related jurisprudence.
subject: Studies
  topic: section
subject: Trade name
  topic: keywords
subject: natural person – entrepreneur
  topic: keywords
subject: legal entity – entrepreneur
  topic: keywords
subject: the basis of the trade name
  topic: keywords
subject: the addition of the trade name
  topic: keywords
subject: principle of priority of trade name
  topic: keywords
subject: principle of non-interchangeability of trade name
  topic: keywords
subject: principle of truth of trade name
  topic: keywords
creator: Radka Kopčová
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-13
publication date: 2024-12-13

Regulation of video sharing platforms in the European Union and Hungary
type: item
description: Since the 2007 revision of the AVMS Directive, the nature of audiovisual media services and the viewing habits of viewers, especially the younger generations, have changed significantly. Thanks to the convergence of television and Internet services, new types of contents and services, such as user-generated content, video-on-demand services and video-sharing platform services, have entered the market in addition to traditional linear broadcasting services. All this made it necessary to rethink the legislation. EU Member States had until 19 September 2020 to bring into force the laws, regulations and administrative provisions necessary to comply with amendment of the AVMS Directive. In my study, I would like to present the European Union and Hungarian regulation of video-sharing platform services.
subject: Studies
  topic: section
subject: Video-sharing platform service
  topic: keywords
subject: media
  topic: keywords
subject: YouTube
  topic: keywords
creator: Gábor Hulkó
creator: András Lapsánszky
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-13
publication date: 2024-12-13

The accusation of the state of Israel of the crime of genocide
type: item
description: The aim of this paper is to examine the possibility of fulfilment of the constituent elements of the crime of genocide in war in Gaza in the period from October 2023 to March 2024, and to answer to the research question: Under what circumstances would it be possible to consider the responsibility of the State of Israel for the crime of genocide? In author’s opinion this would theoretically be in case there was proven by the ICJ without any doubt the intention of the State of Israel to commit genocide and at the same time there was found a link between the conduct of individuals who committed genocide and the State of Israel. The paper is aimed as exploratory overview and initial analysis of the vivid and ongoing armed conflict between the State of Israel and Hamas from a legal perspective. The first chapter is focused on the definition of the crime of genocide in accordance with the international law. The second chapter is the overview of the main points of the South Africa’s Application and the ICJ order on provisional measures from January 26, 2024, and March 28, 2024. The third chapter examines the conduct of the State of Israel in the Gaza strip in the context of the Genocide Convention. This analysis is carried out in connection with the two examined “genocide cases”, Bosnia and Ukraine.
subject: Studies
  topic: section
subject: genocide
  topic: keywords
subject: ICJ
  topic: keywords
subject: Israel
  topic: keywords
subject: Hamas
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subject: Gaza
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subject: South Africa
  topic: keywords
creator: Veronika D’Evereux
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-13
publication date: 2024-12-13

Types of defence and the position of the defence counsel in criminal proceedings in the legal conditions of the Slovak Republic
type: item
description: The article deals with the types of defence and the position of the defence counsel in criminal proceedings in the legal conditions of the Slovak Republic. According to the Criminal Procedure Code, the accused has the right to choose his/her legal defence counsel already at the stage of preliminary proceedings, i.e. before the commencement of the trial while the amendment to Act no. 301/2005 Coll. The criminal code, as amended, effective from 15th March 2024, the suspect already has this right. Defence counsel has the right to participate in all acts throughout the criminal proceedings, if the accused is concerned by the procedural acts. In the Slovak Republic, only a defence lawyer or, to a limited extent, a law clerk may represent the accused in criminal proceedings. The state (or its authorities) is obliged to appoint a defence counsel (free of charge) to the accused if he/she does not have sufficient means to pay the costs of defence and if the accused ask for it. By this, the accused himself is protected and he is guaranteed the right to a more qualified protection of his rights, by an entity that knows how to properly exercise his rights within the framework of criminal proceedings.
subject: Articles
  topic: section
subject: defender
  topic: keywords
subject: mandatory defense
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subject: elected and appointed defense attorney
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subject: right of the accused
  topic: keywords
creator: Lenka Pastieriková
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-13
publication date: 2024-12-13

Collective management of the rights of the omitted authors
type: item
description: Collective management of rights is an essential part of copyright law in the Slovak Republic, and it is carried out by collecting management organisations. However, none of the collective management organisations in Slovakia represents authors of audiovisual works, who are cameramen, costume designers, editors, film architects (set designers) and sound masters. In this paper, we will address the absence of collective management of the rights of these artists, the question of their authorship, as well as their efforts to properly exercise copyright in the Slovak Republic.
subject: Articles
  topic: section
subject: collective rights management
  topic: keywords
subject: collective management organization
  topic: keywords
subject: author
  topic: keywords
subject: cameramen
  topic: keywords
subject: editors
  topic: keywords
subject: sound masters
  topic: keywords
subject: set designers
  topic: keywords
subject: license
  topic: keywords
subject: Copyright Act
  topic: keywords
creator: Jana Mikušová
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-13
publication date: 2024-12-13

Defense counsel’s opening statement from the point of view of the contradictory nature of criminal proceedings
type: item
description: This article analyzes the crucial role of the defense counsel’s opening statement in criminal proceedings, with a specific focus on their position regarding the indictment. It provides an overview of adversarial criminal proceedings before delving into the defense counsel’s position on the indictment considering current and potential future legislation. The article concludes by thoroughly examining the form and significance of this procedural institute.
subject: Articles
  topic: section
subject: defense counsel’s opening statement
  topic: keywords
subject: indictment
  topic: keywords
subject: contradictory nature of criminal proceedings
  topic: keywords
subject: main hearing
  topic: keywords
creator: Dušan Lovich
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-13
publication date: 2024-12-13

The transformation of legal remedy procedures upon request in Hungarian administrative law
type: item
description: Whether the legislator prefers a one- or two-level administrative procedure, or whether the legal remedies available upon request are internal (appeal) or external (judicial review/administrative lawsuit), is always determined by the general needs of society and the views of the political elite in power. Generally speaking, where there are two levels of administrative procedure, i.e. where there is a single level of appeal, recourse to the courts is generally guaranteed once these levels have been exhausted. In Hungarian administrative law, from 1957 until the 2010s, there was a one-tier system of appeal, i.e. appeals were considered ordinary legal remedies and judicial review was available after the exhaustion of the appeal, if the law so allowed, i.e. judicial review was considered an extraordinary legal remedy.
subject: Articles
  topic: section
subject: Legal remedies
  topic: keywords
subject: appeals
  topic: keywords
subject: judicial review
  topic: keywords
subject: administrative proceedings
  topic: keywords
creator: Bettina Kozák
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-13
publication date: 2024-12-13

Recent progress of judicial practise of European court of human rights in application of principle non bis in idem in duality of tax and criminal proceeding
type: item
description: Contribution deals with further judicial progress of principle non bis in idem pursuant to Art. 4 Protocol 7 of European Convention on Human Rights and Fundamental Freedoms, while at this point it is aimed on issues in duplicity of tax and criminal proceeding. Author´s contribution points out on significant evolvement of European Court of Human Rights in time and substance connection in relation to dual tax and criminal proceeding, where it has direct influence on application practise of domestic courts in member states of EU.
subject: Articles
  topic: section
subject: Non bis in idem
  topic: keywords
subject: duality of criminal and tax procedure
  topic: keywords
creator: Juraj Kornhauser
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-13
publication date: 2024-12-13

Failure to wear a bicycle helmet and the issue of a cyclist´s contributory negligence in a traffic accident from the perspective of German, Czech and Slovak case law
type: item
description: The paper deals with the case of a cyclist´s failure to wear a protective helmet while cycling and the issue that arises when the cyclist suffers a head injury in a traffic accident caused by the operation of a motor vehicle and/or driving a motor vehicle – is the cyclist also at fault for such an injury? The paper highlights how this case was decided by the German courts. It deals with Slovak legal regulation de lege lata and the approaches of Slovak and Czech courts in this area. It provides a solution to the case according to Slovak legal regulation and considerations de lege ferenda.
subject: Articles
  topic: section
subject: Cyclist
  topic: keywords
subject: failure to wear a helmet
  topic: keywords
subject: operation of a motor vehicle
  topic: keywords
subject: driving a motor vehicle
  topic: keywords
subject: traffic accident
  topic: keywords
subject: head injury
  topic: keywords
subject: damage
  topic: keywords
subject: liability for damage
  topic: keywords
subject: contributory negligence
  topic: keywords
creator: Ivana Klimáčková
rights: Copyright (c) 2024 Paneurópske právnické listy
date: 2024-12-13
publication date: 2024-12-13