08 Články v časopisoch

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Prehliadanie 08 Články v časopisoch podľa Predmet "civil procedure"

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  • Obrázok miniatúry
    Položka
    Procedural protection of employees in individual employment disputes under Slovak civil procedure
    (HACCP Consulting : Nitrianske Hrnčiarovce, 2026) Bjaloňová, Michaela
    Individual employment disputes represent a specific category of civil litigation characterised by a structural imbalance between the employee and the employer. This imbalance, rooted in the nature of dependent work and the unequal distribution of economic, organisational, and informational power, significantly affects not only substantive labour law but also the procedural position of the parties in judicial proceedings. The article examines the theoretical foundations of individual employment disputes as conflict-driven legal relationships and analyses the procedural mechanisms introduced by the Slovak Civil Dispute Procedure Code to protect employees as the weaker party. Particular attention is devoted to the classification of these disputes as disputes involving protection of the weaker party, the expanded duty of the court to provide guidance, the inclination towards the investigative principle in evidence taking, the exclusion of procedural concentration in relation to the employee, and the prohibition of default judgments to the employee’s detriment. The article further evaluates the effectiveness of these procedural instruments in practice, with a focus on causal jurisdiction and access to justice. The analysis demonstrates that while the current procedural framework strengthens the formal and material protection of employees, it also raises concerns regarding the length of proceedings, judicial accessibility, and overall procedural efficiency. The article concludes that effective protection of employee rights requires not only enhanced procedural safeguards but also organisational and systemic adjustments within the judiciary to ensure accessible, timely, and professionally competent adjudication of employment disputes.
  • Obrázok miniatúry
    Položka
    The principle of orality as a mechanism and guarantee of transparency and legitimacy of judicial decision-making
    (Tirant Lo Blanch : Valencia, 2024) Zajác Ševcová, Katarína
    The perception of the proceedings as fair is inextricably linked to publicity, transparency, and access of the parties to the court. The principle of orality acts as a counterpart to the principle of literacy, although at present we encounter rather a combination of these elements, and correlates with the other principles of the process. The application of the oral principle in the civil process has obvious advan- tages, it is worth pointing out that in principle, it must be applied in the phases and activities in which it is effective; without necessarily excluding the document from the process as an instrument helpful, sometimes even necessary. Orality on its own is not a guarantee of fair procedure. And if there is an oral element in the proceed- ing, it does not automatically mean that it is an orality. Currently, the principle of orality is confronted with the use of modern technical means of communication and we can see an inclination to written form in the proceedings, either in our country or on a European scale.