Juridical Tribune - Tribuna Juridica

11

Authors: Lecturer Radu Ștefan PĂTRU

Collective bargaining, as a component part of the social dialogue, which is the main way of achieving social peace, is possible both for the private system and for the public services and the budgetary system. The legal situation of employees in the private system, but also that of workers in the budget system and public services can be improved by concluding collective labor agreements. If in the private system, the negotiation agenda is very rich, in the public system, it has particularities depending on each state. In the present study, the author will analyze the legal regime of collective bargaining for the public services, including also the public servants, starting from the relevant legal provisions, both in Romania and in other European countries. The analysis will reveal aspects related to the evolution of the institution of collective bargaining and their relevance in improving the service relations of civil servants and other employees in the public services system.

15

Authors: Associate professor Tomáš PERÁČEK

This theoretical study is primarily anchored in the area of economic theory, legal theory and law. It seeks a multidisciplinary and comparative examination of issues, the concept and regulation of which remains largely unfinished in the international economic, legal environment and in the decades of professional and laconic debates. Not only in economic terms, there are numbers of unanswered questions in the long term, not only in economic practice. However, as the concept of a security is a matter of non-economic interest as well as legal theorists, the answers to the lack of clarity and difficulties are quite difficult to find. The aim of the study is to contribute to the correct economic and theoretical definition of a key concept in the field of securities. The setting of this objective is based directly on needs and emerging practical problems in business practice. Indeed, their proper understanding and application has a fundamental impact on the contractual trading of securities in global terms. In connection with the processing of the matter, we have applied primarily qualitative methods, having regard to the nature of the subject of the matter under examination (methodological and economic terms). However, we also make use of scientific literature, case-law and the analogy of law, providing our contribution with qualifying responses to the pitfalls of economic and legal practices.

16

Authors: Associate professor Eva JANČÍKOVÁ; Assistant professor Janka PÁSZTOROVÁ

Within the framework of external relations policy as a subject of international law, the European Union has the right to negotiate, conclude, amend and terminate international agreements on its own behalf, i.e., it has competences granted on it in this area by the Treaties. International agreements concluded at European level are results of an agreement between parties and belong to the sources of European Union Law. Current practice in concluding international agreements at the level of the European Union proves that trade and investment agreements contain provisions concerning civil society, labor relations and environment. The scientific study opens a discussion on a new model of international agreements which, in addition to trade relations, contain provisions on the social status of employees of the parties and on sustainable development. This new model of international treaties is supported by all Member States. The systems analysis shows that the European Union no longer acts as an economic-integration grouping towards third countries, but as an international organization that takes into account high level of environmental protection and the protection of employees' industrial relations.

24

Authors: PhD. Simona FARKAŠOVÁ

This document concerns the issue of constitutional reform of the Slovak constitutional judiciary in 2021, which resulted in major changes of the composition, establishment, and powers of the Constitutional Court of the SR. While discussing the constitutional reform of the Constitutional Court, the author first of all points to the evolution of the selection of constitutional judges. This document summarizes new and precised criteria for the selection of constitutional judges and details how, according to constitutional requirements, competing candidates have to be assessed subsequently, provides an overview of the election procedure of the candidates for constitutional judges in parliament. The imminent part of this document is the comparative analysis of the issue of the constitutional judiciary, with special regard to the selection of constitutional judges in selected member states of the European Union, the synthesis of common features and subsequently the description of the proposal de constitutione ferenda. All of these used methods of scientific research led the author to formulate final conclusion whether the actual constitutional reform is able to fulfill its aim, which is to prevent the political power from interferenting with the independence and effective functioning of the constitutional judiciary.