Bratislava Law Review is an international legal journal published by the Faculty of Law of the Comenius University in Bratislava, Slovakia (till the end of 2019 it was published by Wolters Kluwer in cooperation with the Faculty of Law of the Comenius University in Bratislava). It seeks to support legal discourse and research and promote the critical legal thinking in the global extent. The journal offers a platform for fruitful scholarly discussions via various channels – be it lengthy scholarly papers, discussion papers, book reviews, annotations or conference reports. Bratislava Law Review focuses on publishing papers not only from the area of legal theory and legal philosophy but also other topics with international aspects (international law, EU law, regulation of the global business). Comparative papers and papers devoted to interesting trends and issues in national law that reflect various global challenges and could inspire legal knowledge and its application in other countries are also welcomed.
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ECtHR: Kulák v. Slovakia (Application no. 57748/21, 3 April 2025)
The European Court of Human Rights (ECtHR) judgment in Kulák v. Slovakia addresses critical deficiencies in the Slovak criminal procedure, namely the protection of legal professional privilege during searches and seizures of electronic data. The case arose from a 2020 warrantless search of a lawyer’s office, where authorities seized the applicant’s entire work computer under an emergency provision. The ECtHR ruled that Slovakia’s reliance on prosecutorial oversight – rather than independent judicial review –failed to meet standards under Article 8 ECHR. This commentary begins by examining the factual background of the case and legal findings of the ECtHR. Subsequently, it evaluates the broader impact of the Kulák judgment and identifies remaining gaps and potential implications for other Council of Europe member states, advocating for independent oversight, and timely judicial remedies to uphold the rule of law.
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Constitutional-Political Crises in a Parliamentary Forms of Government and Legal Options for Resolution
On March 21, 2025, an international scientific conference titled "Constitutional-Political Crises in a Parliamentary Forms of Government and Legal Options for Resolution" was held at the Faculty of Law of Comenius University Bratislava. The conference was organised by the Department of Constitutional Law as one of the outputs of a scientific project under the title of "Constitutional-political crises caused by the loss of confidence of parliament in the government and possibilities for their resolution", which was supported by VEGA grant No. 1/0331/24.
Proposals of Public Law Instruments for Strengthening the Private Law Protection of Franchisees
There are presented proposals for public law instruments aimed at strengthening the legal protection of franchisees, who are often in a weaker economic position in relation to the organisers of franchise networks. The main objective of the study is to present and discuss ways of legally increasing the effectiveness of franchisee protection, which is currently regulated in private law. The author postulates that regulations in private law are not sufficient due to the strong economic disproportions between the parties to the franchise agreement. Different approaches to the regulation of the franchise agreement can be observed in different legal systems. Many countries do not have detailed legal regulations regarding the franchise agreement, and these agreements are often based on general principles of freedom of contract. However, the need to protect franchisees, who are usually weaker contractors, is increasingly being noticed. International initiatives such as the "UNIDROIT Model Franchise Disclosure Law" were also indicated, which aim to protect franchisees by regulating the information obligations of franchise network organisers. Models of legal regulation of the franchise agreement. The proposals also include more advanced regulations that define the rights and obligations of the parties to the franchise agreement and issues related to unfair competition. The document presents arguments for the introduction of instruments for the protection of franchisees in public law. It was noted that franchising is a phenomenon of social importance that deserves the attention of the legislator. There are also concerns about pathological phenomena in the area of franchising, such as excessive exploitation of franchisees or the risk of unfair practices The document emphasises that franchisees should have access to similar forms of protection for consumers and employee. The document ends with the statement that private law regulations may not be sufficient to protect franchisees. It is proposed that protection in public law should complement private law regulations, which could increase the effectiveness of protecting franchisees' interests.
The Institution of Supervision in Polish Local Government in the Light of the Principle of Proportionality
The idea of the proportionality principle is related to the application of appropriately moderate actions of public authorities and minimising their interference in the sphere of individual rights and freedoms. This principle, also known as the principle of commensurability, is essentially addressed to the legislator and to public administration bodies, including supervisory bodies. The purpose of this paper is to present the institution of supervision in Polish local self-governments in the light of the proportionality principle. Establishing the legal basis of this principle and its impact on the application of supervisory measures in the Polish supervisory procedure concerning the activities of local self-government units. This will, in the final assessment, allow conclusions to be drawn with regard to the legal issue considered.
Supervision of Local Self-Government Units' Activities
Hodulík, Jakub: Ústavní zákaz cenzury v teorii a praxi [Constitutional Prohibition of Censorship in Theory and Practice]
The concept of censorship is clearly used widely and frequently by politicians, but it is also at the heart of modern legal debates relating to the freedom of expression of individuals on social media. But what is censorship? Do legal scholars and politicians use the term correctly or are there instances when the term censorship is used too broadly and without a relevant legal basis?
The Implementation of BCTrustAI.SL into the Automated Practices of Digital Labour Platforms to Ensure Fairness, Transparency and Accountability
Since digital labour platforms may infringe upon the rights of platform workers through automated decision-making and monitoring practices, the European Parliament and of the Council has adopted the Directive (EU) 2024/2831 on improving working conditions in platform work (Directive 2024/2831). This directive seeks to foster fairness, transparency, and accountability, establishing four key requirements in its algorithmic management chapter: transparency, human oversight, human review, rights to information and consultation. However, due to the abstract nature of these provisions, meeting the normative expectations of the directive poses a challenge. This paper presents the implementation of the Blockchain-Based Trustworthy Artificial Intelligence Supported by Stakeholders-In-The-Loop Model (BCTrustAI.SL) into the automated decision and monitoring practices used by digital labour platforms. It aims to discuss theoretically the validation of the concept of BCTrustAI.SL, setting the stage for subsequent technical proofs of concept.
Automated Decision and Monitoring Mechanisms
The evolution of new technologies in the construction sector has led to a new building method. In concrete terms, Building Information Modelling (BIM) has revolutionised the construction work method. Although the most significant BIM literature focuses on natural sciences, in Italy, BIM is also heavily used in public procurements. While the EU law, Article 22(4) Dir. 2014/24/EU, stimulated the application of building information electronic modelling tools, in 2017, in Italy, a Ministerial Decree, required the use of it for all public tenders over 100 million EUR from January 2019, which every year would have decreased until January 2025 with 1 million EUR (Article 6 MD no. 560 of 1st December 2017). Although this Ministerial Decree is not in force anymore, the new Code of Public Contracts of April 2023 confirmed the threshold and the temporal view. In other words, the Code of Public Contracts of 2023 requires BIM for all public tenders over 1 million euros starting from January 2025. So, while the EU only incentivised EU Member States, the Italian legislator included BIM as a mandatory requirement through a secondary source in 2017 or a primary source in 2023. This research values the role of Italian administrative judges in legal BIM. Its goal is to uncover the position of Italian judges that can also be used by other judges when they deal with similar issues. In addition, it considers whether new technologies have changed the approach that judges use when deciding public procurements where BIM is included.
Rezevska, Daiga: General Principles of Law: Natural Rights, Legal Methods, and System Principles. Brill/Nijhoff, 2024
The author propose book review on recently published book: Rezevska, Daiga: General Principles of Law: Natural Rights, Legal Methods, and System Principles. Brill/Nijhoff, 2024.
United Nations Security Council: Reform (Im)Possible?
It is beyond dispute that the current configuration of the UN Security Council represents a snapshot, or even a daguerreotype, of an international political and legal vision that has moved away from the one first consolidated at the end of the Cold War, under the banner of the US unipolarity. In the current context, this vision is more fragmented than multipolar, with a scenario of more than two or three poles and their respective spheres of influence. The international community has therefore been confronted with the issue of Security Council reform since the 1990s. This is due to two key factors: firstly, the dissolution of the socialist bloc; and secondly, the emergence of new powers and their alliances. These developments have made the need to redraw the balance of power within the Council, established in Yalta in 1945, even more urgent. Given that the necessity for reform remains unfulfilled, this paper seeks to reconstruct the various scenarios for achieving this enlargement. The only point on which most UN members agree is that the need to change the Council's representation should be met by increasing the number of states that make up the body entrusted with the power to act to maintain international peace and security. The extensive debate on this profile also encompasses the question of whether the new members should be granted the right of veto. In light of the challenges inherent in aligning these two trajectories, the conclusions put forth a de lege lata approach as a provisional measure, contingent upon the eventual realisation of a comprehensive reform of the Security Council.
How Humanitarian and Human Rights Law Shape Conflicts Within States
This paper explores the legal status of non-international armed conflicts (NIACs) under international humanitarian law (IHL) and international human rights law (IHRL). It examines treaty and customary law provisions governing NIACs, focussing on the threshold of violence that distinguishes these conflicts from internal disturbances and the involvement of non-state actors. Identifying the applicable legal framework is crucial for ensuring compliance with international law, but determining when a situation escalates to an armed conflict is challenging due to the lack of a precise legal definition. The article delves into key issues such as protecting civilians and their rights in NIACs, emphasising the complexities these situations present. By addressing these challenges, the study advocates for greater accountability among parties to these conflicts. It underscores the urgent need for clearer guidelines and consistent implementation to uphold legal norms and safeguard human rights during internal armed conflicts. Using a doctrinal approach, the research analyses legal texts, treaties, and case law to clarify the boundaries and intersections between IHL and IHRL. It also reviews state practices and judicial decisions to better understand how these bodies of law interact and the factors that influence the classification of a situation as an armed conflict. The article aims to enhance legal clarity and promote uniform application in addressing the unique challenges of NIACs.
Current Challenges, Opportunities and Global Perspectives of Criminal Law; Milestones of Law in Central Europe
This report summarises the proceedings of the Criminal Law Section at the Milestones of Law in the Central European Area 2025 conference. A total of 43 contributions addressed current legislative reforms, practical challenges in criminal justice, the impact of technology, human rights protection, and ethical considerations. The academic discourse reflected the dynamic evolution of criminal law and the necessity of its continuous adaptation to emerging legal and societal challenges.
Access to Modern Energy Services in Ukraine during the Wartime
The right to access to modern energy services is a crucial precondition for the realisation of the majority of human rights and freedoms. The energy sector is one of the strategic sectors of each country. Currently, the energy sector of Ukraine is among the key military targets during the full-scale aggression of the Russian Federation in Ukraine. Disconnections in energy services caused by the military attacks (both cyber and physical) negatively influence the life of the peoples in Ukraine. Therefore, the protection of the right to access to modern energy services at all levels is among the key tasks of the public administration in Ukraine. This paper aims at the analysis of the legal issues of the encouragement of the right to access to modern energy services in Ukraine under the war of aggression conditions and elaboration of the possible solutions for the public administration.
Freedom of Expression of Judges and the Influence of Social Media
The jurisprudence of the European Court of Human Rights and its recent decision (Żurek v Poland, application no. 39650/19), continues to shape standards for judges’ freedom of expression, including standards to protect judges who speak out against detrimental judicial reforms and use of social networks by judges. As new cases emerge and soft law instruments are developed, the topic remains highly relevant and will continue to pose challenges for judges in the years to come. Judges in some EU members States face unprecedented challenges to the rule of law, as evidenced by judicial reforms in countries like Poland and Hungary. The erosion of judicial independence and impartiality in this context underscores the importance of judges’ freedom of expression as a safeguard against threats to the rule of law. Raising awareness on this issue should equip judges with legal knowledge and procedural safeguards necessary to navigate the complexities of their professional roles while upholding fundamental principles of judicial independence and integrity. Furthermore, social networks have revolutionised communication in modern society, including judges. While use of social media by judges can enhance transparency and public engagement, it also raises concerns about the appropriateness of their communication, especially regarding impartiality. Judges must navigate the blurred lines between their private and public personas on social media platforms, as their actions and interaction can have implications for their perceived impartiality and judicial integrity. While there are articles devoted to the analysis of the judges’ freedom of expression in constitutional crises in this paper authors are providing a comparative analysis of social media usage guidelines for judges and jurisprudence of the European Court of Human Rights to identify a proper balance between exercising the freedom of expression by judges and the limitations posed by interest of judicial independence, impartiality and public trust in judiciary and specific issues relate to the use of social networks.
Independence and Impartiality of Judiciary
Interdisciplinary Perspectives on Self-Determination and Autonomy: A Conference Report
Who decides who we are – ourselves, or the society we are a part of? This was one of the questions posed by the organisers of the conference “Self-Determination and Autonomy: Interdisciplinary Perspectives” when they decided to hold this international academic event on 30 May 2025, under the auspices of the Faculty of Law at Comenius University Bratislava, as part of the APVV-23-0252 project “Self-Determination of Intersex, Transgender, and Non-Binary Persons”.
Inheritance of an Enterprise of a Self-employed Entrepreneur
The work presents a comparative legal analysis of the issue of inheritance of businesses of natural persons in Poland and Slovakia. The subject scope was established, namely the concepts of enterprise and sole proprietorship in Poland and Slovakia were compared (taking into account the Act on succession management that has been in force in Poland relatively recently). Then, civil law institutions in the case of the death of a natural person running a business activity were discussed, distinguishing them into actions that the entrepreneur himself may undertake during his lifetime and possible actions of legal successors after the entrepreneur's death. The conducted considerations allow to conclude that the analysed legislation largely provides for similar legal solutions, and the differences demonstrated (in particular the institution of succession management regulated in the Polish legal system) may constitute mutual inspiration for future amendments.
Legal Design for Informed Sharenting and Consent of the Child on Social Networking Sites
Children are increasingly active in social life through social networking sites and parents have begun sharing more posts including their children’s pictures and other personal data. As a result, children’s privacy becomes even more susceptible to the infringement of values within the bounds of right to privacy. The term “sharenting” refers to parents and other relatives sharing personal data of the child. Sharenting may cause significant risks that may affect the child all throughout their life such as “digital kidnapping” and potential future bullying among peers. When parents share posts on social networking sites, they essentially provide consent on behalf of the child. Valid consent from the parents and/or child is an important aspect in the infringement of personality rights. In all instances, the children's best interests should be taken into consideration. To raise awareness about protecting children and to ensure that consent is valid, legal design should be implemented in creating information texts. In this study, a system proposal has been developed for posting children’s photos on social media, which involves asking questions and displaying warning messages when children’s photos are shared. Within this framework, legal design is utilised in order to form clear and more comprehensible texts for users on social media platforms.
May Energy Justice Enhance Human Rights Protection in the European Union?
Energy justice, sustainable environment and human rights became the leading factors of some of the sustainable development goals set as the common goal of international community. The contemporary greening process is interconnecting with number of transformations in decision-making and policies. Greening process and its integral part, access to energy as the tool for preventing energy poverty is related with human rights. We assume, that access to energy is fundamental to meet basic human needs and existing human rights necessitates access to energy. The European Union is perceived as the key regional leader in greening process, by adoption of EU Green Deal. At the same time, the European Union has also the ambition to be human rights actor. Both these goals are led by declarations of the European Union and obligations of its Member States internationally. The paper presents outcomes of quantitative and qualitative research focused on the question, how the energy justice is conditioning the effective exercise of other rights guaranteed by international human rights treaties, within the European Union environment.
1st Czecho-Slovak Symposium on Challenges of AI for Administrative Law: “What We Don’t Let Robots Decide?”
AI can make work more efficient and simpler, from automating routine tasks to assisting with more complex decision-making. Its use, therefore, makes sense both in public administration and in public services, where it can improve the quality, accessibility and efficiency of the services provided. The aim is to ensure quality data and a modern digital infrastructure while training employees and ensuring compliance with ethical and security standards. Actions under the strategy include digitisation and automation of public services, training of public administration staff, implementation of ethical and security standards and support for sharing good practice. These measures will lead to faster and more accurate public administration, fairer access to public services, higher quality services and greater citizen trust through the transparent and ethical use of AI.
On the False Myth of Legal Neutrality: Some Remarks
Studies on gender, legal feminist theories, women’s studies, and, in general, feminism provide fundamental and indispensable contributions to a critical discussion of the field of law and to the contemporary philosophical debate of legality. They are characterised by a considerable expansion of the thematic area. This paper does not claim to be an introduction to the feminist analysis of the law in general or of specific theories of law, but it arises at the halfway point between some criticisms and the proposal of alternative elements. One of the aims of this study is to analyse how sovereignty is connected to the patriarchal view of society and especially to a particular concept of law. For this reason, the study will address the issue raised by some criticisms of law based on arguments developed by a feminist legal theory that underlines the false neutrality of law. My interest is to discuss the patriarchal nature of the law and some of its specific legal categories (such as sovereignty) and to highlight the need to rethink and redefine them. It starts from the premise, as underlined, that the traditional discourse on law is a discourse of power, even camouflaged at times as cognitive discourse. Then, it analyses how legal feminist theory could contribute to overruling the patriarchal structure of society and redefining traditional legal concepts (such as sovereignty). To conclude, this study tries to highlight tensions and raise constructive reflections on the issue.
Transnational Pervarsion of Law in Historical Development; Milestones of Law in Central Europe
The 19th International Scientific Conference Milestones of Law in the Central European Space took place under the auspices of the Faculty of Law of Comenius University Bratislava from 10 to 12 April 2025. Held in the traditional setting of the special-purpose facility of the National Council of the Slovak Republic in Častá–Papiernička, the conference offered not only a high-level academic programme but also a unique and collegial environment fostering scholarly exchange and interdisciplinary dialogue.
The energy trilemma is recognised in doctrine as a means of balancing the different competing objectives of energy law and policy. The importance and weight of renewable energy in the energy trilemma is reinforced by the fact that it is a target and an important instrument in climate, sustainability and energy legislation. Despite its positive aspects, the deployment of renewable energy faces a number of obstacles, including concerns about its negative impact on the security of energy supply. It is important to develop a legal response to the controversies surrounding the deployment of renewable energy. The article aims to analyse and develop a clearer and more systematic approach to the development of renewable energy sources based on the energy trilemma. This aim was achieved using the methods of document analysis, logical-analytical, linguistic, systematic analysis. The article focuses on the analysis of scientific literature in the categories of law, as well as energy and economics, and analyses EU legislation and case law, as well as national court decisions. In the first part, a thorough literature review was carried out to explore and define the concept and objectives of the energy trilemma. The second part of the article examines the features of the relationship between renewable energy and the energy trilemma. As the understanding of the energy trilemma seems to be too general, simplistic and lacking practical applicability, the third part of the article focuses on enhancing the concept of the energy trilemma. Specific examples are used to expose internal contradictions within certain objectives of the energy trilemma, referred as renewable energy dilemmas. In general, these dilemmas have not been linked to the concept of the energy trilemma and have therefore not received sufficient attention in doctrine. The article discusses whether the energy trilemma should be used as a procedural principle of energy law. It also raises the question of whether application of the trilemma should involve the legal principle of energy solidarity.