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Contradictions of unsuccessful unification and uncoordinated out-of-court remedies (two cases concerning the different impact of Czechoslovak legislation on the territories of the Czech Republic and Slovakia)

Publication at Faculty of Law |
2011

Abstract

A unifying inter-confession law, Act No. 96/1925 Sb.z. a n., and its implementation omitted the fact that Greek-Catholic affiliation had never been an autonomous religion in Slovakia but it had served only as one of ceremonies - rites of Catholicism. Consequences of such omission arose first in the 1930s and 1940s with respect to the female part of population (school attendance, marriages) and then, in a new form, after the liquidation of the Greek-Catholic church between 1950 and 1968.

The inter-confession law has remained in force in Slovakia, although as an obsolete law; it was repealed in the Czech Republic in 1992. Different implementation in the Czech and Slovak Republics of Act No. 87/1991 Sb. regulating extrajudicial rehabilitation, in regard of university students excluded from universities due to political reasons between 1948 and 1989 gives rise to new discrimination.

The law proclaiming positive unification may often lead to negative diversification.