Trvání věcné příslušnosti (v řízení o insolvenční odpůrčí žalobě)

Author(s): Ivan Tvrdík / Language(s): Czech Issue: 3/2024

In the article, the author critically attacks the established practice of the Supreme Court, according to which a court with subject matter jurisdiction, whose jurisdiction was undoubtedly given at the time of the beginning of the proceeding, may become jurisdictionally incompetent in the course of the proceeding as a result of a mere change in the legal assessment of the case. The examples of German, Swiss and Austrian legal doctrine, regulation and practice show that the principle of the duration of jurisdiction, which applies in the Czech Republic on the basis of the second sentence of Article 11(1) of the Civil Procedure Code, prevents such a result. All the way to the end of the proceeding, only those circumstances which existed at the time of its initiation are decisive for the determination of subject matter (and local) jurisdiction. If the court has at the beginning of the proceeding, on the basis of the value or the legal nature of the matter in dispute, subject matter jurisdiction to hear and determine a particular case, its jurisdiction cannot be changed merely because the court’s legal assessment of the case has changed after the completion of the examination of the evidence. The jurisdiction of the court is based purely on the pleading and the pleaded facts or the substantive assessment of the pleaded facts (i. e. not on the established facts). The answer to the question which court has (subject matter) jurisdiction to hear and determine a case must be apparent from the outset of the proceeding and cannot, in principle, change during its course. This is mainly the result of the principle of procedural economy, the arguments connected with it and the procedural definition of the matter in dispute, or, to put it more simply, the principle of the duration of jurisdiction.

Správní žaloby nejvyššího státního zástupce – ohlédnutí po více než dvaceti letech

Author(s): Břetislav Martínek / Language(s): Czech Issue: 3/2024

The paper deals with the application practice of the Prosecutor General in the area of his special standing under Section 66(2) of the Administrative Procedure Code and related case law of administrative courts. The analysis presents an overall view of individual cases and their comprehensive summary. Among other things, it subsequently shows that, with the exception of the area of construction and environmental law, there are significant differences in both the number and the areas of actions brought to protect the public interest from year to year. The results of the research show that the vast majority of these actions are aimed at quashing potentially illegal decisions in the areas of traffic offences, nostrification of foreign titles and photovoltaic plant licensing – very narrow areas of administrative law in which the Prosecutor General has intervened to overturn illegal decisions issued in a large number of similar cases. The assessment of the merits of these actions has undergone a significant development over the period of the existence of this provision of the Administrative Procedure Code, caused not by a change in the statutory regulation, but by the case law of the administrative courts and subsequently the Constitutional Court. The author of the article criticizes these conclusions. However, the forthcoming amendment to the Administrative Procedure Code envisages a variant of the amendment to the said provision, which would probably overcome the referred non-conceptual effects of this case law and would allow the courts to review the active legal standing of the Prosecutor General more widely.

Wpływ poglądów Cycerona na model ustroju Stanów Zjednoczonych oraz konstytucję federalną

Author(s): Monika Góral / Language(s): Polish Issue: 2/2024

Marek Tulliusz Cyceron dzięki swojej postawie oraz działalności naukowej stał się idealną inspiracją dla czołowych postaci rewolucji amerykańskiej. Wpływ jego poglądów jest widoczny m.in. w systemie politycznym oraz Konstytucji Federalnej Stanów Zjednoczonych. Ponadto, prawo naturalne, którego był orędownikiem oraz pojęcie własności prywatnej stały się fundamentem, na którym opiera się amerykański system prawny.Marcus Tullius Cicero, who was an active politician, diplomat, philosopher, andstatesman during the declining period of the Roman Republic, became an idealinspiration for leading figures of the American Revolution because of his attitudesand scholarly activities. The influence of his views can be seen in the politicalsystem and the Federal Constitution of the United States. In addition, the naturallaw he advocated and the concept of private property became the foundation onwhich the American legal system is based

FOREWORD

Author(s): / Language(s): English Issue: 1/2023

The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.

Argument

Author(s): / Language(s): Romanian Issue: 1/2024

The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.

Foreword

Author(s): / Language(s): English Issue: 1/2024

The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.

Rządowy projektu ustawy o zmianie ustawy o refundacji leków, środków spożywczych specjalnego przeznaczenia żywieniowego oraz wyrobów medycznych oraz niektórych innych ustaw

Author(s): Rafał Dubowski / Language(s): Polish Issue: 1/2024

The opinion analyzes the bill of amendment to the Act on Reimbursement of Medicines, Foodstuffs for Special Nutritional Purposes and Medical Devices. The article positively assesses the introduction of definitions for some of the terms found in the Act. It also approves the regulations on coordination teams, which are intended to remove doubts about their legal authority. The author also highlights the introduction of exceptions to the principle of permanence of final decisions, which, although legally permissible, can be assessed negatively from the perspective of the predictability of the reimbursement system. The opinion also addresses the problem of interpretative doubts as to the legal nature of the county board’s resolution to designate a community pharmacy to perform night or holiday duty.

Łączenie mandatu posła ze stanowiskiem dyrektora zakładu opiekuńczo-leczniczego SPZOZ

Author(s): Ilona Szczepańska-Kulik,Agnieszka Tomaszewska / Language(s): Polish Issue: 1/2024

The article analyzes the possibility of a Deputy managing a Care and Treatment Centre from the perspective of Article 34 para. 2 of the Act on the Exercise of the Mandate of Deputy and Senator (prohibition of managing an entrepreneur with the participation of state or municipal legal entities). The authors indicate that Care and Treatment Centres may perform business activities, provided that the relevant requirements of the Act –Entrepreneurs’ Law are fulfilled. According to the authors, the Deputy’s management of such Centre should be considered a violation of the Act on the Exercise of the Mandate of Deputy and Senator. In this situation, the Deputy should stop managing such activities, for example, by going on unpaid leave.

Kary finansowe ustanowione w regulaminach zrzeszeń parlamentarnych

Author(s): Wojciech Odrowąż-Sypniewski / Language(s): Polish Issue: 1/2024

In the opinion, the author presents a thesis on the absolute invalidity of the legal act of establishing in the statute of a parliamentary club a financial penalty for violation of voting discipline. This is because, according to the author, this constitutes a violation of the freedom to exercise a mandate under Article 104 para. 1 of the Constitution. In addition, the opinion indicates that the funds received from the Chancellery of the Sejm should be the exclusive manner of covering the costs of the activities of parliamentary clubs and groups. The statute cannot, therefore, provide for the establishment of other manners of financing such as income from fines imposed on members of a club or group.

Foreword

Author(s): / Language(s): English Issue: 2/2024

The journal is structured into sections that reflect actual problems of different legal domains, as follows: International Law, Public Law, Private Law and Criminal Sciences. 10 The magazine continues to promote the innovative element implemented in the previous issues — the aforementioned sections include the research of post-graduate students, the criterion being the finalization of the doctoral studies and completion of thesis, including the beginning of the procedure of its defense. This exception is aimed at confirmation of high level of doctoral studies. This rule is applied in the same measure to the experts, whose research presents an interest, especially for the practitioners.

Administrativní řízení v církvi: zkušenosti, inspirace, náměty

Author(s): Jiří Dvořáček / Language(s): Czech Issue: 94/2024

The article describes the possibility of establishing ecclesiastical administrative courts at the level of local churches, especially episcopal conferences, with a focus on the situation in the Czech Republic. The content of the text is limited to the Code of the Latin Church. The article first introduces the project of local administrative courts in the preparatory work for the CIC/1983, which envisaged a parallel choice between hierarchical recourse and administrative action before an administrative court. The Latin Code was then promulgated without norms governing administrative justice. In CIC/1983, only two provisions are devoted to administrative courts, namely can. 149 § 2 and 1400 § 2. Next, the text briefly introduces the administrative hierarchical recourse under cann. 1732–1739 CIC and presents three ways in which local administrative courts could be established. Finally, the article presents some practical objections to the establishment of local administrative courts and offers an optimal solution for the Church in the Czech Republic.

Здравно-информационен юридически справочник 01.07.2024-31.07.2024 г.

Author(s): Lilia Monova-Asenova,Veska Gergova / Language(s): Bulgarian Issue: 4/2024

Obowiązek ochrony życia a prawo do odmowy leczenia w kontekście wolności religijnej świadków Jehowy i ich stanowiska względem transfuzji krwi

Author(s): Urszula Nowicka / Language(s): Polish Issue: 27/2024

Saving lives is a vital part of a doctor’s work. However, while doctors must adhere to the constitutionally defined principles of health care, they must also acknowledge the principle of patients’ rights, including the patient’s right to self-determination. This means that a doctor cannot define a course of treatment purely according to his or her own understanding as this would limit the patient’s autonomy. Thus, patients today participate in the medical decisions that concern them, and their consent is required for all medical treatments. This may give rise to difficulties in situations that require the simultaneous implementation of two principles: salus aegroti suprema lex est and voluntas aegroti suprema lex est. Patients may refuse treatment for various reasons. In the case of Jehovah’s Witnesses, they may refuse blood transfusions due to their religious beliefs. This paper considers the basis for refusal to consent to treatment and draws on legal solutions in an attempt to address the issue, Polish jurisprudence and opinions expressed by scholars. The author concludes that nobody has the right to demand that a patient explain his or her decision to refuse treatment, even when that stance is irrational from a medical point of view. Instead, the patient’s decision must be freely made and not forced or manipulated. It makes no difference whether this choice relates to a current (specific) situation or to a future scenario (pro futuro statements); however, the decision must relate to the person who makes it—they must be an adult and not incapacitated. The issue of consent must be resolved quite differently when it concerns the treatment of a child, that is, a person who cannot make informed decisions for themselves, but on whose behalf the parents will normally decide. Decisions affecting the life and death of a child exceed the limits of parental authority, and in such circumstances, parental refusal of a child’s treatment should be challenged.

Tridsaťtri rokov hľadania: O kreovaní orgánov verejnoprávneho vysielateľa

Author(s): Adam Solga / Language(s): Slovak Issue: 2/2024

In 2024, there was a fundamental change in Slovak media legislation concerning public broadcasting. RTVS as a public service broadcaster ceased to exist, STVR was established. This is not just a trivial change of name. For example, the method of creating managing bodies (voting and appointing a director general, etc.) of the public broadcaster has also changed. An ethics commission was also included in the structure, but its goals, tasks and competences are only vaguely defined in the law. The new legislation brings such changes that raise questions as to whether STVR is still a public service broadcaster (de iure statutory corporation), or whether it is already a state media.

Důstojnost tvora a člověka ve švýcarském ústavním právu

Author(s): Petr Šuráň / Language(s): Czech Issue: 1/2024

The Swiss concept of constitutional protection of the dignity of living creatures different from humans is called biocentric in the professional literature. The article aims to find out by comparing this institute with the constitutional protection of human dignity, which represents a phenomenon based on an anthropocentric concept of law, to what extent it is really possible to consider it as a manifestation of biocentrism.

Přípravný výbor místního referenda jako společnost soukromého práva

Author(s): Vojtech Bill / Language(s): Czech Issue: 1/2024

The article deals with the characteristics, organization and internal processes of the preparatory committee of a local referendum on the basis that the preparatory committee is a private company by definition. It focuses on the lack of consideration of these basic premises of the preparatory committee in existing doctrine and practice. In addition to assessing the impact and applicability of the general norms to the preparatory committee, the article also highlights the potential complications or even frustration of local referendums due to internal inconsistencies and processes within the preparatory committee. The article suggests ways to avoid these consequences and emphasizes the importance of following proper organizational and decision-making procedures and legal norms in the formation and operation of preparatory committees.

Etické pravidlá sudcov v Slovenskej republike – sudcovské cnosti a ich normatívny rozmer (etický a právny)1

Author(s): Martina Gajdošová / Language(s): Slovak Issue: 2/2024

The paper discusses the ethical rules of judges and judicial virtues in the Slovak Republic, outlining the historical aspects of their adoption, the nature of their creator and interpreter, their transnational aspect, as well as the aspect of the link between the interpretation and application of the ethical rules of judges in disciplinary proceedings against judges. The paper highlights some open (evolving) questions regarding the trend of opening up the rules of judicial ethics outside the space of judges and courts, in their creation, interpretation and application.

Náprava vadných rozhodnutí o nařízení předběžného opatření upravující poměry nezletilého dítěte

Author(s): Radim Vaněk / Language(s): Czech Issue: 2/2024

The following work focuses on the legislative remedies for defective court deci¬sions by which a preliminary injunction concerning the custody of a minor child has been issued. The proper remedy is an appeal. However, is the remedy of an appeal against a defective court decision ordering a preliminary injunction an effective means of defense for the participant?

THE NORMATIVITY OF LIMITED COMPANY UNDER JOB CREATION LAW REGIME IN INDONESIA

Author(s): Setijati SEKARASIH,Abdul Rachmad Budiono,Sukarmi Sukarmi,Budi Santoso / Language(s): English Issue: 29/2023

The concept of a limited liability company based on Law Number 11 of 2020 concerning Job Creation (UU Cipta Kerja) through Government Regulation in Lieu of Law Number 2022 concerning Job Creation (Perppu Cipta Kerja) after being declared conditionally unconstitutional by the Constitutional Court, has now found its foundation again. This article examines the normativity of limited liability companies after the Perppu Cipta Kerja in two focuses. First, it relates to the legal ratio for the establishment of an individual company, and second, the normativity of an individual company from the perspective of Critical Legal Studies. Based on the type of normative research supported by conceptual, statutory, and philosophical approaches, this article concludes two: First, the legal ratio for the establishment of individual companies in the Perppu Cipgta Kerja is the government's great desire to provide convenience for MSEs in doing business and creating jobs. Second, based on the analysis of trashing, deconstruction, and genealogy, individual companies in the Perppu Cipta Kerja are still full of liberal individualism with a capitalist economic system style.

La sfida di ogni riforma: dalle paper rules alle real rules. Un’introduzione a MediaRes 1/2023

Author(s): Federico Reggio / Language(s): Italian Issue: 1/2023

Con il numero 1/2023, MediaRes inaugura il suo terzo anno di attività nel nuovo formato digitale e open-access, e con il nuovo editore, Primiceri. Il momento è significativo, per quanto concerne l’ordinamento italiano, il quale, a seguito della Riforma Cartabia e del suo progressivo entrare a regime, vede estendersi l’importanza – anche sistemica – di strumenti di soluzione dialogico-consensuale della controversia, sia in ambito penale che civile.