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Open access

Lucia Palšová

Abstract

The protection of the qualitative aspects of agricultural land is in the interests of both Slovakia and the European Union. Several policy documents have emerged in the European Union over the last few years, however, they have not been legally binding, as the EU Member States refuse all binding legal acts in this area. Therefore, solving the problem of agricultural land protection is left to the exclusive competence of the EU Member States. On the other hand, problems related to agricultural land cross the borders of states and that is why the Department of Law, Faculty of European Studies and Regional Development, Slovak University of Agriculture in Nitra submitted an international research project under the Erasmus + program, Key Action 3: Jean Monnet entitled “Central European Initiative on Agricultural Land Protection”. The aim is to strengthen the dialogue between key stakeholders in the protection of agricultural land in Central Europe what will have a positive impact on the achievement of the EU agri-environmental and food policy objectives.

Open access

Tekla Papp

Abstract

The state can be an actor in Hungarian private law in several ways: on the one hand, by its organs (e.g. the Office of the National Assembly, ministries), on the other hand, by the organs of public law the state creates (e.g. budgetary organs), thirdly, through business associations operating with the participation of the state, fourthly, exceptionally, the state itself can also act as a subject of private law. In this study we call the attention to that the terminology used in case of business associations operating with state/local government participation is not sustainable and we focus on some issues where the private and public law discrepancy can be found in Hungary.

Open access

Monika Bumbalová

Abstract

Provision of services by public sector is a concept, which has been implemented for many decades in various forms of economic arrangement. Public sector policies and public services have significant impact on almost all spheres of life including agriculture. Throughout the history, there were times with smaller and bigger importance of public sector within the economy. The conditions of public sector always depend on the actual trend applied in the sphere of public administration and public management. After the period of New Public Management accompanied by leaning away from the “public” concept, a return to stronger statehood and more intensive public sector can be seen. There are several reasons for such development, which are also called megatrends. Urbanization, demography and social changes, climate changes and development of technology belong to the most intensive ones. The presented review paper deals with the description of the mentioned trends and provides a reflexion on their influence on the public sector and provision of public services in particular.

Open access

Katarína Kalesná

Abstract

The article analyses the significance of the ECJ preliminary ruling on competition law. Starting with the general characteristic of the preliminary ruling of the Court of Justice, its legal regulation in TFEU and its effects, it focuses on the concrete judgement of the Court (Tenth Chamber) of 7 February 2013 in Case C-68/12 at the request of the Supreme Court of the Slovak Republic. It explains the preliminary questions and the background of the competition case that was the incentive for them. It describes the quite complicated cartel agreement of the three banks concerned and the impact of the ECJ preliminary ruling on the judgements/decisions of the case.

Open access

Polonca Kovac

Abstract

Good public governance requires participative networking to tackle the worst societal problems. Redefined administrative procedure as an instrument that should ensure efficient public policies is one of the key approaches in this respect. The objective of this article is to show, based on qualitative research methods, that in modern public administration, procedure is attributed a much different role than under the traditional Rechtsstaat doctrine. It has been evolving towards becoming a dialogue tool for the state and the citizens, increasingly recognised in Neo-Weberian and good governance models, also in Central and Eastern Europe (CEE). Administrative procedure’s modernised codification in CEE countries, grounded in public administration theory, EU and case law, is in this article seen as of the utmost importance to apply in the region to develop its governance capacity. The article addresses said issues and provides a specific outline as to how to systematically and proportionally codify administrative procedural law in this sense on a national scale. The author proposes a concrete, holistic outline to redefine respective codification within contemporary public governance models. This outline incorporates minimum joint fundamental principles, e.g. the right to be heard. Following the principle of proportionality, in addition a more detailed codification is suggested by more formalised proceedings in the case of the collision of legally protected interests. The principles, such as participation, would apply for any administrative acts, resulting from legislative policy-making or single-case decision-making, and judicial reviews thereof alike. Such an approach should ensure a balanced recognition and effective protection of parties and public interest.

Open access

Petr Stejskal

Abstract

This article focuses on the applicability of bilateral investment treaties on the conduct of the occupying power towards foreign investments situated in the occupied territory. It examines the content of the obligation to respect the laws in force in the occupied territory as prescribed by Art. 43 of the Convention (IV) respecting the Laws and Customs of War on Land. Some authors proposed an idea that this obligation is a gateway provision for the applicability of international treaties which are in force in the occupied territory on the conduct of the occupier. They refer to the case-law dealing with the applicability of human rights treaties in occupied territories. However, after the interpretation of this provision and inquiry into the case-law, this paper reaches the con­clusion that the obligation to respect the laws in force does not have this effect. Instead, it deals with the legislative powers of the occupying power.

Open access

Pavel Petr

Abstract

This paper aims to describe one part of the issue - the fact that a living ani­mal is not a thing. Does that mean that one could not “own” an animal, or perhaps that an animal as a subject of rights? Will it be liable for damage it causes? The author believe that the provision specifically aims at pets and it is a pity that it is not explicitly men­tioned. The different attitude of legislator is also reflected in compensation for damage, which now involves a special material element of compensation for damage caused by and to an animal. These and other aspects are addressed in this paper.

Open access

Slavomír Halla

Abstract

Consent, the final frontier. International commercial arbitration is a dis­pute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. However, the aim of this paper is to analyse whether its contractual, indeed consensual, nature is the only element which the courts use to identify the subjects who may compel or must be compelled to arbitrate disputes, or whether they employ other considerations as well. The paper will focus on extension doctrines which might be less known even to a professional audience: piercing of the corporate veil, estoppel & group of companies. A review of selected case law leads to a conclusion that consent-finding analysis is defi­nitely a starting point of any analysis. However, at the same time courts and arbitrators do indeed use tools of contract interpretation and the ones based on equity or good faith considerations to establish, and exceptionally force, the implication of consent far beyond what is obvious.

Open access

María Mar Delgado-Serrano and José Ángel Hurtado-Martos

Abstract

Land is an essential resource and plays a vital role in providing food and food security, water, ecosystem services and territorial resilience. However, the past few decades have generated enormous and increasingly unsustainable pressures on land use. The objective of this research is to analyse the main land use changes in Spain between 1987 and 2011 using data provided by the Corine Land Cover (CLC) project. The general trends in land use change at CLC level 1 in this period, and more specifically the changes occurring at CLC level 3 in land destined for agricultural use are analysed. The main reasons that explain these changes, including policy influences, are then identified. The results show that the area occupied by buildings and infrastructure has doubled, agricultural land has decreased and irrigated land has increased; forested areas have also increased, but their ecological quality has been degraded. These trends question the future sustainability of that land use in the analysed period.