Bratislava Law Review
type: channel
description: 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.
publisher: Comenius University Bratislava
language: en
publication name: Bratislava Law Review
issn: 2585-7088
copyright: The Author(s) transfers copyright to the Article to the Publisher of the Journal by the Licence Agreement. The Author(s) retains rights specified in the Licence Agreement. The readers may read, download, copy, distribute, print, search, or link to the full texts of all of the Article of the Journal and use them for any other lawful purpose under specified Creative Commons Licence (CC BY-NC-ND 4.0).
items: ECtHR: Kulák v. Slovakia (Application no. 57748/21, 3 April 2025)
items: Constitutional-Political Crises in a Parliamentary Forms of Government and Legal Options for Resolution
items: Proposals of Public Law Instruments for Strengthening the Private Law Protection of Franchisees
items: The Institution of Supervision in Polish Local Government in the Light of the Principle of Proportionality
items: Hodulík, Jakub: Ústavní zákaz cenzury v teorii a praxi [Constitutional Prohibition of Censorship in Theory and Practice]
items: The Implementation of BCTrustAI.SL into the Automated Practices of Digital Labour Platforms to Ensure Fairness, Transparency and Accountability
items: Legal BIM in Italy
items: Rezevska, Daiga: General Principles of Law: Natural Rights, Legal Methods, and System Principles. Brill/Nijhoff, 2024
items: United Nations Security Council: Reform (Im)Possible?
items: How Humanitarian and Human Rights Law Shape Conflicts Within States
items: Current Challenges, Opportunities and Global Perspectives of Criminal Law; Milestones of Law in Central Europe
items: Access to Modern Energy Services in Ukraine during the Wartime
items: Freedom of Expression of Judges and the Influence of Social Media
items: Interdisciplinary Perspectives on Self-Determination and Autonomy: A Conference Report
items: Inheritance of an Enterprise of a Self-employed Entrepreneur
items: Legal Design for Informed Sharenting and Consent of the Child on Social Networking Sites
items: May Energy Justice Enhance Human Rights Protection in the European Union?
items: 1st Czecho-Slovak Symposium on Challenges of AI for Administrative Law: “What We Don’t Let Robots Decide?”
items: On the False Myth of Legal Neutrality: Some Remarks
items: Transnational Pervarsion of Law in Historical Development; Milestones of Law in Central Europe
items: Renewable Energy Deployment Dilemmas

ECtHR: Kulák v. Slovakia (Application no. 57748/21, 3 April 2025)
type: item
description: 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.
subject: Commentaries
  topic: section
subject: Human Rights Papers
  topic: category
subject: Criminal Law Papers
  topic: category
subject: Article 8 ECHR
  topic: keywords
subject: Private Life
  topic: keywords
subject: Search of Law Firm
  topic: keywords
subject: Seizure of Computer Data
  topic: keywords
subject: Professional Privilege
  topic: keywords
subject: Ex Post Factum Judicial Review
  topic: keywords
subject: Digital Evidence
  topic: keywords
subject: Jurisprudence
  topic: subjects
subject: European Court of Human Rights
  topic: subjects
subject: Human Rights
  topic: disciplines
subject: Comparative Law
  topic: disciplines
creator: Igor Hron
creator: Zuzana Mlkvá Illýová
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 255
ending page: 268
doi: 10.46282/blr.2025.9.1.1020

Constitutional-Political Crises in a Parliamentary Forms of Government and Legal Options for Resolution
type: item
description: 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.
subject: Reports
  topic: section
subject: Constitutional Law Papers
  topic: category
subject: Reviews and Reports
  topic: category
subject: Constitutional-Political Crises
  topic: keywords
subject: Parliamentary System
  topic: keywords
subject: Options for Resolution
  topic: keywords
subject: Conference Report
  topic: keywords
subject: conference report
  topic: subjects
subject: Constitutional Law
  topic: disciplines
creator: Martin Búran
creator: Romana Koneracká
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 281
ending page: 284
doi: 10.46282/blr.2025.9.1.1081

Proposals of Public Law Instruments for Strengthening the Private Law Protection of Franchisees
type: item
description: 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 franchisee…
subject: Articles
  topic: section
subject: Commercial Law Papers
  topic: category
subject: Franchisee
  topic: keywords
subject: Franchisor
  topic: keywords
subject: Collective Interests of Franchisees
  topic: keywords
subject: Weaker Party
  topic: keywords
subject: Private Law
  topic: keywords
subject: Public Law
  topic: keywords
creator: Rafał Adamus
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 101
ending page: 112
doi: 10.46282/blr.2025.9.1.875

The Institution of Supervision in Polish Local Government in the Light of the Principle of Proportionality
type: item
description: 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.
subject: Discussion Papers
  topic: section
subject: Administrative Law Papers
  topic: category
subject: Proportionality Principle
  topic: keywords
subject: Supervision of Local Self-Government Units' Activities
  topic: keywords
subject: Local Self-government
  topic: keywords
subject: Supervisory Measures
  topic: keywords
subject: administrative law
  topic: disciplines
subject: local government law
  topic: disciplines
creator: Monika Augustyniak
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 195
ending page: 208
doi: 10.46282/blr.2025.9.1.899

Hodulík, Jakub: Ústavní zákaz cenzury v teorii a praxi [Constitutional Prohibition of Censorship in Theory and Practice]
type: item
description: 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?
subject: Reviews
  topic: section
subject: Constitutional Law Papers
  topic: category
subject: Reviews and Reports
  topic: category
subject: Censorship
  topic: keywords
subject: Freedom of expression
  topic: keywords
subject: Constitutional law
  topic: keywords
subject: Public authority
  topic: keywords
subject: Censorship
  topic: subjects
subject: Freedom of Speech
  topic: subjects
subject: Constitutional Law
  topic: disciplines
creator: Petr Gangur
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 271
ending page: 274
doi: 10.46282/blr.2025.9.1.984

The Implementation of BCTrustAI.SL into the Automated Practices of Digital Labour Platforms to Ensure Fairness, Transparency and Accountability
type: item
description: 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.
subject: Studies
  topic: section
subject: IT Law Papers
  topic: category
subject: Digital Labour Platforms
  topic: keywords
subject: Platform Workers
  topic: keywords
subject: Automated Decision and Monitoring Mechanisms
  topic: keywords
subject: Transparency
  topic: keywords
subject: Human Oversight
  topic: keywords
subject: Human Review
  topic: keywords
subject: Information and Consultation
  topic: keywords
subject: Blockchain Technology
  topic: keywords
subject: Trustworthy AI
  topic: keywords
subject: Provision of Information to Workers
  topic: keywords
subject: Digital Labour Platforms
  topic: subjects
subject: Platform Workers
  topic: subjects
subject: Blockchain Technology
  topic: subjects
subject: Artificial Intelligence
  topic: subjects
subject: Trustworthy Artificial Intelligence
  topic: subjects
subject: Information Technology Law
  topic: disciplines
creator: Şaban İbrahim Göksal
creator: Kristi Joamets
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 9
ending page: 26
doi: 10.46282/blr.2025.9.1.949

Legal BIM in Italy
type: item
description: 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.
subject: Articles
  topic: section
subject: Administrative Law Papers
  topic: category
subject: Administrative Jurisdiction
  topic: keywords
subject: BIM
  topic: keywords
subject: Case-Law Study
  topic: keywords
subject: Italy
  topic: keywords
subject: Public Procurements
  topic: keywords
subject: Administrative Law
  topic: subjects
subject: building information modelling
  topic: subjects
subject: legal BIM
  topic: subjects
creator: Enkelejda Koka
creator: Enida Bozheku
creator: Carlo Venditti
creator: Raffaele Picaro
creator: Juljan Bashmili
creator: Denard Veshi
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 113
ending page: 134
doi: 10.46282/blr.2025.9.1.892

Rezevska, Daiga: General Principles of Law: Natural Rights, Legal Methods, and System Principles. Brill/Nijhoff, 2024
type: item
description: 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.
subject: Reviews
  topic: section
subject: Legal Theory and Philosophy Papers
  topic: category
subject: Reviews and Reports
  topic: category
subject: Legal Theory
  topic: keywords
subject: Fundamental Principles of Law
  topic: keywords
subject: Rezevska, Daiga
  topic: keywords
subject: General Principles of Law
  topic: keywords
subject: Review
  topic: keywords
subject: Legal theory
  topic: subjects
subject: general principles of law
  topic: subjects
subject: book review
  topic: subjects
subject: Legal Theory & Jurisprudence
  topic: disciplines
creator: Janis Pleps
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 275
ending page: 278
doi: 10.46282/blr.2025.9.1.1044

United Nations Security Council: Reform (Im)Possible?
type: item
description: 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.
subject: Discussion Papers
  topic: section
subject: International Public Law Papers
  topic: category
subject: Veto power
  topic: keywords
subject: Reform
  topic: keywords
subject: United Nations
  topic: keywords
subject: Security Council
  topic: keywords
subject: International Public Law
  topic: keywords
creator: Agostina Latino
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 209
ending page: 224
doi: 10.46282/blr.2025.9.1.868

How Humanitarian and Human Rights Law Shape Conflicts Within States
type: item
description: 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.
subject: Studies
  topic: section
subject: Human Rights Papers
  topic: category
subject: International Public Law Papers
  topic: category
subject: Non-International Armed Conflicts
  topic: keywords
subject: International Humanitarian Law
  topic: keywords
subject: International Human Rights Law
  topic: keywords
subject: Legal Framework
  topic: keywords
subject: Challenges
  topic: keywords
creator: Adnan Mahmutovic
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 27
ending page: 50
doi: 10.46282/blr.2025.9.1.945

Current Challenges, Opportunities and Global Perspectives of Criminal Law; Milestones of Law in Central Europe
type: item
description: 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.
subject: Reports
  topic: section
subject: Reviews and Reports
  topic: category
subject: Milestones of law
  topic: keywords
subject: Criminal Law
  topic: keywords
subject: Conference Report
  topic: keywords
subject: criminal law
  topic: disciplines
creator: Jozef Čentéš
creator: Sara Zsemlyová
creator: Roland Hochmann
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 285
ending page: 288
doi: 10.46282/blr.2025.9.1.1045

Access to Modern Energy Services in Ukraine during the Wartime
type: item
description: 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.
subject: Discussion Papers
  topic: section
subject: Administrative Law Papers
  topic: category
subject: Energy Sector in Ukraine
  topic: keywords
subject: Access to Modern Energy Services
  topic: keywords
subject: Energy Efficiency
  topic: keywords
subject: Energy Poverty
  topic: keywords
subject: Armed Conflict
  topic: keywords
subject: Energy Law
  topic: keywords
creator: Yuliia Vashchenko
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 225
ending page: 252
doi: 10.46282/blr.2025.9.1.853

Freedom of Expression of Judges and the Influence of Social Media
type: item
description: 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, impartial…
subject: Articles
  topic: section
subject: Human Rights Papers
  topic: category
subject: Freedom of Expression
  topic: keywords
subject: Judges
  topic: keywords
subject: Social Media
  topic: keywords
subject: Independence and Impartiality of Judiciary
  topic: keywords
subject: Ethics
  topic: keywords
subject: ECtHR
  topic: keywords
creator: Marina Matic Boskovic
creator: Marko Novakovic
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 135
ending page: 150
doi: 10.46282/blr.2025.9.1.886

Interdisciplinary Perspectives on Self-Determination and Autonomy: A Conference Report
type: item
description: 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”.
subject: Reports
  topic: section
subject: Reviews and Reports
  topic: category
subject: Autonomy
  topic: keywords
subject: Self-Determination
  topic: keywords
subject: Intersex
  topic: keywords
subject: Trans People's Rights
  topic: keywords
subject: Conference report
  topic: keywords
creator: Ema Mikulová
creator: Olexij Meteňkanyč
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 289
ending page: 296
doi: 10.46282/blr.2025.9.1.1074

Inheritance of an Enterprise of a Self-employed Entrepreneur
type: item
description: 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.
subject: Studies
  topic: section
subject: Civil Law Papers
  topic: category
subject: Inheritance
  topic: keywords
subject: Sole Entrepreneur
  topic: keywords
subject: Trade
  topic: keywords
subject: Trading License
  topic: keywords
subject: Heir
  topic: keywords
subject: Administrator
  topic: keywords
subject: Civil law
  topic: disciplines
creator: Karin Raková
creator: Ewa Lewandowska
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 51
ending page: 74
doi: 10.46282/blr.2025.9.1.939

Legal Design for Informed Sharenting and Consent of the Child on Social Networking Sites
type: item
description: 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.
subject: Studies
  topic: section
subject: Civil Law Papers
  topic: category
subject: IT Law Papers
  topic: category
subject: Legal Design
  topic: keywords
subject: Sharenting
  topic: keywords
subject: Best Interest of the Child
  topic: keywords
subject: Personality Rights
  topic: keywords
subject: Informed Consent
  topic: keywords
subject: Civil Law
  topic: disciplines
subject: design
  topic: disciplines
subject: Information Technology Law
  topic: disciplines
creator: Özge Uzun Kazmacı
creator: Esra Hamamcıoğlu
creator: Ayşe Nilay Şenol
creator: Argun Karamanlıoğlu
creator: Güler Akduman Büyüktarakçı
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 75
ending page: 98
doi: 10.46282/blr.2025.9.1.967

May Energy Justice Enhance Human Rights Protection in the European Union?
type: item
description: 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.
subject: Articles
  topic: section
subject: Human Rights Papers
  topic: category
subject: EU Law Papers
  topic: category
subject: Human Rights
  topic: keywords
subject: Human Security
  topic: keywords
subject: Energy Justice
  topic: keywords
subject: Sustainable Development
  topic: keywords
subject: Human Dignity
  topic: keywords
subject: Access to Energy
  topic: keywords
subject: Energy Poverty
  topic: keywords
subject: European law
  topic: subjects
subject: Human rights
  topic: subjects
subject: energy poverty
  topic: subjects
subject: law
  topic: disciplines
creator: Lucia Mokrá
creator: Donald Wertlen
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 151
ending page: 166
doi: 10.46282/blr.2025.9.1.1027

1st Czecho-Slovak Symposium on Challenges of AI for Administrative Law: “What We Don’t Let Robots Decide?”
type: item
description: 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.
subject: Reports
  topic: section
subject: Reviews and Reports
  topic: category
subject: Artificial Intelligence
  topic: keywords
subject: Administrative Law
  topic: keywords
subject: Decision Making
  topic: keywords
subject: Automation
  topic: keywords
subject: Digital Law
  topic: keywords
subject: Digital Infrastructure
  topic: keywords
subject: Public Administration
  topic: keywords
subject: Cyber Security
  topic: keywords
subject: Digitalisation
  topic: keywords
subject: Artificial Intelligence
  topic: subjects
subject: Digital Law
  topic: subjects
subject: Decision Making
  topic: subjects
subject: Administrative Law
  topic: subjects
subject: Digitalisation
  topic: subjects
subject: Public Administration
  topic: subjects
subject: Digital Infrastructure
  topic: subjects
subject: Public Bodies
  topic: subjects
subject: Automation
  topic: subjects
subject: Digital Law
  topic: disciplines
subject: Administrative Law
  topic: disciplines
subject: Information Law
  topic: disciplines
creator: Liliia Serhiichuk
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 297
ending page: 300
doi: 10.46282/blr.2025.9.1.991

On the False Myth of Legal Neutrality: Some Remarks
type: item
description: 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.
subject: Articles
  topic: section
subject: Legal Theory and Philosophy Papers
  topic: category
subject: Feminist Legal Theory
  topic: keywords
subject: Law
  topic: keywords
subject: Sovereignty
  topic: keywords
subject: Murder of Honour
  topic: keywords
subject: Shotgun Wedding
  topic: keywords
creator: Natalina Stamile
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 167
ending page: 180
doi: 10.46282/blr.2025.9.1.823

Transnational Pervarsion of Law in Historical Development; Milestones of Law in Central Europe
type: item
description: 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.
subject: Reports
  topic: section
subject: Reviews and Reports
  topic: category
subject: Legal history
  topic: keywords
subject: Conference
  topic: keywords
subject: Milestones of law
  topic: keywords
subject: Roman Law
  topic: keywords
subject: Legal history
  topic: disciplines
creator: Frederika Vešelényiová
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 301
ending page: 304
doi: 10.46282/blr.2025.9.1.1054

Renewable Energy Deployment Dilemmas
type: item
description: 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 applicat…
subject: Articles
  topic: section
subject: Administrative Law Papers
  topic: category
subject: EU Law Papers
  topic: category
subject: Energy Trilemma
  topic: keywords
subject: Energy Law
  topic: keywords
subject: Renewable Energy Sources
  topic: keywords
subject: Energy Security
  topic: keywords
subject: Energy Solidarity Principle
  topic: keywords
subject: European Union
  topic: keywords
creator: Leda Žilinskienė
rights: Copyright (c) 2025 Bratislava Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 181
ending page: 192
doi: 10.46282/blr.2025.9.1.962