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Evaluation of Ministerial Employee Satisfaction within the Context of the Civil Service Act

Author(s): Milan Půček,František Ochrana,Michal Plaček / Language(s): English Publication Year: 0

The paper presents the results of empirical research [April-June 2013) regarding the employees of ministries in the Czech Republic [N = 1351 respondents) who deal with analytical, conceptual, strategic, planning, project, programming, strategic and managerial activities. From the current perspective, it regards workers who fall under the regime of the Civil Service Act, which came into effect on 1.1.2015. The main objective of the survey was to explore some aspects of employee satisfaction linked to performance in their position. Based on the survey results, we define the previous state which existed prior to the introduction of new legislation and discuss the possible impacts of the new legislation on employee satisfaction and on the level of the civil service as a whole.

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Extension of Arbitration Clauses over Non-signatories

Author(s): Slavomir Halla / Language(s): English Publication Year: 0

Consent, the final frontier. International commercial arbitration is deemed to be a dispute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. Therefore, it is often quoted that the arbitration is a creature of such a contract. 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.

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On Participation and Non-participation of Third Parties in Arbitration under Substantive Law Rules

Author(s): Bartłomiej Panfil / Language(s): English Publication Year: 0

The paper deals with mechanisms well-established in civil litigation which may face the real obstacles in arbitration due to its contractual nature and its implications. Third party joinder and intervention are procedural mechanisms which have very important goals ensuing from substantive law. Thus, their application shall be made with their consequences borne in mind. The author focuses on third parties participation in arbitration in capacities other than parties to it, i.e. side intervenor or similar and presents some remarks on third party notice of arbitration and on substantive law provisions providing an obligation to inform third person about the very fact of a dispute and its resolution.

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Are the Days of the “Italian Torpedo” Numbered?

Author(s): Pavel Šidla / Language(s): English Publication Year: 0

The paper examines the interaction between arbitration and court proceedings from the perspective of European international procedural law and the phenomenon of the “Italian torpedo”. It deals mainly with two questions, namely what impact Brussels I bis Regulation will have on arbitrations in the EU, whether the “West Tankers’ case” was really decided wrongly, or rather, whether the CJEU had any other option, if we take the so called “Brussels’ effect” into consideration. Another important question this paper deals with is whether the “Italian torpedo” can be under Brussels I bis’ regime torpedoed, by allowing to enforce an award obtained in parallel arbitral proceedings and effectively “sidestep” the CJEU’s controversial decision in the West Tankers litigation, as it was the case in High Court’s decision in the West Tanker’s case.

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Evidence Taking in International Commercial Arbitration: A Clash of Legal Cultures

Author(s): Slavomir Halla / Language(s): English Publication Year: 0

Taking of evidence represents a crucial step in any legal proceeding. Nation allaws on procedure commonly contain a detailed list of rules relating to evidence taking and their evaluation. However, if one considers international commercial arbitration such a list does not exist. Among various reasons, one is simple a different point of origin when the court or tribunal assesses evidence and the scope of its taking.

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Questions about the Differences between Protection of Consumer and Worker from the Perspective of International and Czech Arbitration

Author(s): Kateřina Remsová / Language(s): English Publication Year: 0

Paper deals with different approaches to consumers and employees in terms of the protection granted to them in domestic and international arbitration. Czech Arbitration Act applies to both domestic and international arbitration and assumes standards of consumer protection of the EU law into the consumer arbitration. However, this act provides no protection forthe employees. In the paper on the last year of this conference I addressed the issue of arbitrability of individual employment disputes and I concluded that employment disputes of property nature only are arbitrable.

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+Имуществени отношения при сключване на договор за продажба от разстояние

Author(s): Vanya Zhelyazkova / Language(s): Bulgarian Publication Year: 0

The development of modern technologies and the growth of Internet consumption create more opportunities for business and consumers. In today’s digital environment, the increasing importance of distance and off-premises contracts is evident. The transactions between the parties happen without either of them having to meet in person. This article covers issues related to the subject matter, the parties, the property rights and obligations in concluding distance contracts within the European Union and Bulgaria. The article discusses the main legal requirements (content of the contract, scope, mandatory details) and restrictions (administrative penalties, objectives) in the preparation of this type of contract. The different types of contracts for sale and provision of services at distance and their specifics are also presented. The legal framework is presented with an emphasis on consumer protection.

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Пророгация на международна компетентност по въпроси, свързани с имуществения режим между съпрузи по Регламент (ЕС) 2016/1103

Author(s): Kristian Raychev / Language(s): Bulgarian Publication Year: 0

Council Regulation (EU) 2016/1103 recently adopted through an enhanced cooperation by the European Legislator creates a structure of norms, regulating all the international private law aspects of matrimonial property regimes as a result of the couple’s separation or the death of one of the spouses. This report aims to examine the scale of connecting factors for the purposes of determining jurisdiction, emphasizing the role of the autonomy of the parties as a possibility for choosing a court in certain cases.

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За някои проблеми при прекратяването на изпълнителното производство на основание чл. 433, ал. 1, т. 1 от ГПК

Author(s): Rumen Georgiev / Language(s): Bulgarian Publication Year: 0

The subject of this scientific report is to study some of the problems related to the application of Art. 433, para. 1, item 1 of the Civil Procedure Code. In this regard, the report provides both a theoretical analysis of the matter and an overview of the contradictory judicial practice.

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Art. 2b ustawy o kształtowaniu ustroju rolnego – wybrane zagadnienia i problemy

Author(s): Jakub Hełka / Language(s): Polish Publication Year: 0

The aim of this article is to prove the problems of article 2b of Act of 11 April 2003 on Formation of Agricultural System. Author analyzes legislative process, and then compliance of those regulations with constitution and European Union law. Then author analyzes problems of using this article in practice – its material and temporal scope. Then author also analyses article’s exemptions.In conclusion, author includes his opinion about validity of those regulations and its impacts on economical and agricultural situation in Poland.

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Zmiana przeznaczenia gruntów rolnych oraz wyłączenie z produkcji rolnej

Author(s): Grzegorz Zębik / Language(s): Polish Publication Year: 0

Agriculture conservation system in Poland limits possibility of utilization of farmlands for nonagricultural purposes. According to Farm and Woodland Conservation Act before changing character of farmland it is necessary to obtain permission to change of farmland designation for nonagricultural goals and exclusion of land from agricultural production. Main focus of this article is primarily to explain above mentioned procedures and create a guide for them. Furthermore this article would also address an issue of farmland conversation range.

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Ubezpieczenia majątkowe w rolnictwie – konieczność czy przywilej

Author(s): Ewa Gryczyńska / Language(s): Polish Publication Year: 0

The purpose of my deliberations is to draw the attention to the critical role of property insurance in agriculture. Risk reduction and consequently greater financial stability allows more efficient use of the available funds and development of farms, increasing their innovation. Farmers omission to buy insurance and the application of passive risk reduction forms, including collection of financial reserves or avoiding obligations contracted in the form of credits, has a negative effect on agriculture. Agriculture is a type of operations of natural persons bearing a higher degree of risk. It is caused by the specific nature of agricultural production which is exposed to a number of unfavorable factors: biological, technological, price risk as well as weather or climatic conditions, which, in the era of global warming, are stronger and more frequent. A farmer is often unable to prevent the effect of events prevailing in this area of the economy. Property insurance is a broad notion, its scope includes asset insurance and civil liability insurance. There are three types of mandatory insurance. I will thus attempt to look at the balance of profits and losses concerning the decision to conclude an insurance contract in the context of the legal regulations, among others, cultivation insurance subsidies. I will determine whether insurance is a necessity or privilege, or perhaps both a necessity and a privilege.

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Restrukturyzacja zadłużenia podmiotów prowadzących gospodarstwo rolne jako systemowy element ochrony i wsparcia działalności rolniczej

Author(s): Kamil Barc / Language(s): Polish Publication Year: 0

The subject of the article focuses around analysis of new solutions in the field of restructuring debts resulting from agricultural activity. At the beginning of the article, the author distinguishes the rules which are in the legislation. In the latter part, he carries out a thorough analysis and critical assessment of the newly introduced laws concerning the debt assessment from the debt owner and transferring it to the KOWR. While the author appreciates the reaction of the legislator, he also notices some loopholes in the proposed solutions and puts forward his own regulations to complement them and make their interpretation easier when applying them.

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Zbycie udziału w spółce z ograniczoną odpowiedzialnością a uprawnienia KOWR

Author(s): Jakub Zamojski / Language(s): Polish Publication Year: 0

The article presents in a systematic way the provisions concerning the disposal of shares in a limited liability company in accordance with the provisions of the Code of Commercial Companies as well as presents contractual ways to protect the company against the disposal of shares by its shareholders. The paper also discusses the problem of joint and several liability in case of sale of shares and the situation when a limited liability company is the owner of agricultural property and a shareholder decides to sell his share. The article then presents the practical implementation of the right of pre-emption vested in the National Agricultural Support Centre and describes cases in which the National Agricultural Support Centre is not entitled to the right of pre-emption. Then, the procedure enabling the National Agricultural Support Centre to exercise its pre-emptive right is presented together with an analysis of legal requirements. Finally, the article presents legal consequences of a breach of the Act on shaping of the agricultural system.

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Produkt z pogranicza vs środek spożywczy. Zagadnienia klasyfikacyjne

Author(s): Monika Łata / Language(s): Polish Publication Year: 0

Sometimes it may be unclear whether a particular product is a food (foodstuff) under food legislation or whether it falls under other sectorial legislation. In the case of these „borderline products”, the decision on a product’s classification must be taken on a case-by-case basis. In the article there is an analysis of classification issues as well as it attempted to answer the question of „what shall we do with borderline products?”. The author considers most of all judgments of the Court of Justice and polish courts in the context of European Union food law, Polish food law and Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (and polish pharmaceutical law).

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„Może zawierać…” – o niezamierzonej obecności alergenów w żywności słów kilka

Author(s): Aneta Bąk / Language(s): Polish Publication Year: 0

According to the World Allergy Organization (WAO), there are more than 240 million people living with a food allergy worldwide. As this number is constantly increasing, it is essential to provide consumers with clear and not misleading information on the characteristics of the foodstuffs on the market, enabling them to make informed choices and consume safely. The aim of this study is providing consumers with voluntary information on the unintended presence of allergens and intolerant substances in food by means of the term ‘may contain…’ and similar. It is all the more important that despite almost 8 years of Regulation 1169/2011 being in force, this issue still remains vague, raising further doubts as to the correctness and effectiveness of the solutions. The article brings closer the current state of the regulations on consumer information about the possible presence of allergens in food and their impact on the possible designation of a food product as dangerous within the meaning of Article 14 of General Food Law. The presentation takes into account the previous views of the doctrine on the issue of voluntary food labelling, changes that have taken place in practice within the presented issue as well as the arguments accompanying individual food law entities. Moreover, the solutions proposed so far with regard to the use of the term “may contain…” and their impact on consumers’ health protection will be verified.

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Wymogi prawne w zakresie informacji na temat żywności dla niemowląt i małych dzieci ze szczególnym uwzględnieniem reklamy

Author(s): Marta Łanoch / Language(s): Polish Publication Year: 0

Food for infants and young children is a category of food that requires specific regulation in terms of its safety, quality, as well as labeling and advertising. The creation of appropriate legal regulations regarding the provision of information on food for infants and young children is important because the group of recipients of this information requires exceptional protection. This task creates considerable problems because this group is heterogeneous. The recipient of the information may be a parent, doctor, pharmacist or the child himself. With this in mind, it is extremely important to construct appropriate legal regulations that will not create opportunities to circumvent them, so that they meet the purpose for which they were established.

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Ewolucja europejskiej regulacji prawnej w zakresie upraw GMO

Author(s): Anna Maria Rizzo / Language(s): Polish Publication Year: 0

The scope of this article is to present the fundamental review of European Union legislation in reference to the implementation of genetically modified organisms (GMO) in cultivation. The research described in this article covers the analysis of EU directives in recent years and general policy regarding the application of GMOs. This analysis aims to isolate and understand the direction in which legislative works are headed in agriculture development. The overall analysis of European Union legislation reveals that it is somewhat reluctant when it comes to applying GMO technology, even though the global research has shown many positive effects that it could have on agriculture. When analyzed, the situation of law and GMOs seems to be stagnant for a long time.

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Закон и(ли) судија

Author(s): Slobodan I. Panov / Language(s): Serbian Publication Year: 0

Iura novit curia is, after all, a presumption a bit too optimistic. One court case reveals quite interesting „undertakings“. One judge holds that he/she is in no way bound by the legal definition of cause for divorce. Thus, he/she places him/herself above the law, considering him/herself autonomous from any law. If we are to wipe away this gentle sfumato by an inch deeper analysis, it becomes clear that the judge gives him/herself the importance of a Parliament. Beyond Parliament, even, since Parliament passes new laws by the majority of votes of the parliamentary assembly, by parliamentary plurality so to speak, whereas the judicial hero/heroine from our story promulgates laws/regulations as a single royal or absolute individual. Deeming Parliament to be irrelevant from the legislative aspect, our judicial hero/heroine holds him/herself above constitutional principles and fundamental norms which define official language and script. We assess this „feature“ of the subject as emanation of Parliament, medical syncope.

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Ауторскоправни аспекти наставе на даљину

Author(s): Svjetlana Ivanović / Language(s): Serbian Publication Year: 0

Digitalization process enables wide use of modern technologies in various segments of everyday life. One of the areas in which the application of digital technologies is of increasing importance is education. In addition to the classroom and traditional forms of teaching, we are increasingly witnessing the use of digital platforms and various tools, especially within certain forms of distance learning. Unfortunately, we have seen that digital education is not just a matter of choice, but sometimes, due to the crisis circumstances, a matter of necessity. Each form of teaching implies the use of copyrighted works and other protected subject matter. Therefore, teaching in general, and distance education in particular, opens up a whole range of copyright-related questions. One of the key issues that are the subject of consideration in the paper is whether and to what extent it is possible to use protected content for teaching purposes, especially in the online environment.If the teaching takes place through certain online content sharing platforms,the question of service provider liability for possible copyright infringement arises. There is a special form of copyright exceptions or limitations for the purpose of teaching, but it is not appropriate for digital teaching in all countries. Directive on copyright and related rights in the Digital Single Market prescribes copyright exception or limitation in order to allow the digital use of works and other subject matter in digital and cross-border teaching activities. The paper analyzes certain copyright exceptions and limitations for the purpose of education in domestic law and in European Union law.

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