Transitions Online_Around the Bloc-Warsaw, Brussels Face Off in Judicial Dispute
Poland has rebuffed the European Commission over its “groundless” complaint about controversial judicial reforms.
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Poland has rebuffed the European Commission over its “groundless” complaint about controversial judicial reforms.
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Secret money-laundering scheme allegedly used to pay off European politicians, lobbyists, and a former CNN producer for their support.
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The goal of this paper is to evaluate Friedrich August von Hayek’s political philosophy through the prism of the research on the economic efficiency of common law conducted within Law and Economics. One of the assumptions of Hayek’s political philosophy was the thesis about the optimizing character of cultural evolution. According to this thesis legal rules which have arisen spontaneously are economically efficient and thereby do not need to be corrected by the legislator. This thesis was thoroughly analysed by the Law and Economics scholars (notabene not inspired directly by Hayek’s philosophy), and these analyses are critically discussed in this paper. The results of these analyses are not unambiguous; nonetheless, they seem to undermine Hayek’s assumption about the optimizing character of cultural evolution. This fact affects the assessment of Hayek’s normative postulates; in particular, it justifies scepticism towards his critique of legislative activity.
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The article is an attempt to reconstruct the transformation of poor laws in precapitalist England based on Lorie Charlesworth’s work Welfare’s Forgotten Past. The substantial contexts of this reconstruction are the history of enclosures and commons as well as the concept of so-called primitive accumulation, originating from Karl Marx. The major scope of interest is the conjunction of the loss of the poor’s subjective rights and the penalization of the poor according to vagrancy laws.
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One of the major problem related to the incidence of dependent self-employment on the labour market in Poland is the scope of the legal protection of their legal relationship. Under Polish law dependent self-employed are not benefited by any special legal protection, similar to that which enjoy employee in the subordinated employment relationship. The question therefore arises of how, in the light of constitutional principle of the protection of work, should be designed the model of legal protection of work of dependent self-employed, especially, whether the character of work performed under economic dependence justifies distinguishing dependent self-employment as a separate legal category and providing this group with legal protection adequate to the protection of employment which already enjoy employee in employment relationship.
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Currently, it has followed a lapse of over ten years from the beginning of already the EU ETS scheme functioning and three years from the beginning of already the EU ETS scheme third accounting period, which has coincided with a period of deepening crisis (or even breakdown) of the scheme, there even appear to be more and more frequent doubts as to is capable to achieve aims imposed on it, whether the system should not have been replaced by another instrument. Currently, however, there are no ideas supporting a new instrument enabling emissions reductions in an economically effective way, which could replace current the EU ETS scheme. Therefore, together with over ten years passing since the beginning of the EU ETS scheme’s functioning and three years passing since the beginning of the EU ETS scheme’s third accounting period, intensive works regarding structural reform of this scheme was started. Thus, the aim of the study is the analysis of current stage of works regarding EU ETS scheme’s reform, pointing of main directions and aims of planned changes, as well as attempting to assess of thereof.
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The principle of Polish tax system is the duty of the settlement obtained by the resident income in Poland. However, the law on the avoidance of double taxation to which Poland is a party may exclude this obligation because they are lex specialis in relation to the Polish legislation. The issue of taxation of seafarers requires an in-depth analysis not only of national legislation, but also abroad. It is not difficult when determining the tax jurisdiction sailors to make a mistake because of the complicated not only the facts, but also the legal status. This gloss is an example of the difficulties which arise when analyzing this issue.
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Criminal law at the European Union level has traditionally been dealtthrough the concept of intergovernmental cooperation and gains its legal designationin the Maastricht Treaty, as part of the Justice and Home Affairs. The AmsterdamTreaty created the Area of Freedom, Security and Justice, but the Tampere Counciland the Hague Programme took the notion of European criminal law through theprocess of mutual recognition.This paper is two-fold. First, the purpose of this paper is to present thechanges in the Area of Freedom, Security and Justice according the Lisbon Treaty,especially the Police and Justice Cooperation in criminal matters. The three pillarstructure is replaced and the competences in the Area of Freedom, Security andJustice are increased and provisions transferred in the Treaty on Functioning of theEuropean Union and within the ambit of the Court of Justice’s jurisdiction. It aims toanswer what is the meaning of the Lisbon Treaty for the European Criminal Law. Onone side, criminal law provisions seriously endanger individual rights, and on theother side, criminal law provisions reflect the basic values of society and thereforereserved for national legislations. However, this traditional understanding of criminallaw is not appropriate to the European Union integration level. Having in mind theseissues, member-states transferred several competences to the European Union inorder to undertake measures in the area of criminal law, criminal procedure andcooperation in criminal matters.Second, the paper presents a comprehensive interpretation of the widelydiscussed issue regarding the establishment of the European Union PublicProsecutor’s Office. Review and answers on several previous questions are given,opening the possibility for establishing the European Union Public Prosecutor’s Office.Further, the paper makes research of the Lisbon Treaty and articles 85 and 86, as wellas some of the issues necessary for consideration, not only from practical point ofview, but also to reach an agreement among member-states. Having in mind thataccording these articles no such function was created, the conclusion contains severalrecommendations and directions for the perspective of the European PublicProsecutor by creating is as an independent entity with necessary cooperation fromEurojust. In conclusion, remarks and suggestions are pointed regarding the future ofthe European criminal law.
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Amendments to the Law on Court Fees Preconditions for efficient collection of payment for service provided by the States in the courts. Payment is carried out in the process of execution one-sided proceedings according ex officio. Naplaja nont-tay revenue is a serious business that the state is entrusted to bailiffs and they now effectively correspond to fiduciary duties. However, the practice was in response to procedural and technical concerns regarding the implementation of enforced collection notifying the possibilities for abuse of the system by unscrupulous citizens, and in this sense necessary amend regulations so that the efficiency was maximized.
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In this article specifically elaborated in detail is the case of occupation of Iraq by the coalition forces of U.S. and U.K. Among other things, the relationship between relevant resolutions of UN Security Council and rights of occupation i.e, relationship of resolutions in accordance with standards jus cogens was discussed.As is well known standards jus cogens mean universally binding notrms of international law from which no derogation is permitted. The UN Charter explicity provides that Security Council has the authority to deviate from the norms of international humanitarian law. All resolutions of Security Council made in connection with the occupation of Iraq affirm the view that International Humanitarian Law and the Law on Occupation are valid without exception. They also do not contain explicit departure from current Law on Military Occupation. They only confirmed and justified the applicability of the basis international agreements in the case of Iraq. In any case, the resolutions must be in accordance with the law regime of military occupation.
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The article constitutes another voice in a discussion referring to the model of legal education of the students of law. It concerns a problem that was bothering both academic and legal environment in the past few years: the problem of ethical preparation of future practitioners of legal occupations. The author depicts the theory of teaching legal ethics in the Polish departments of law and the position of legal ethics among other academic courses in legal studies.
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Cemal Tüzün was a deputy who were engineers of Democrat party and before he became a deputy, he worked in as an engineering. He was elected as deputy of Kocaeli in 1954’s Deputy General Elections. He devoted himself to his country and state services until the beginning of political life. Cemal Tüzün, who entered active politics with the establishment of the DP in 1946, he was the DP Kocaeli Provincial Presidency from 1950 to 1954 and he continued its election activities intensively. Tüzün, who is one of the deputies of the 10th and 11th semesters,he served in committees and commissions in Parliament as a Kocaeli deputy. This person, who is not on duty at the Ministry level, He was known for his impressive speeches in the Turkish Grand National Assembly. He was arrested on May 27, 1960 with a coup and he was tried with death penalty in Yassıada. His lawyer was Yusuf Ziya Kant, but except this he also sent his defense in writing to the court. Then, He was sentenced to life imprisonment by court and he was sent to the Kayseri Penitentiary.Cemal Tüzün was forgiven for being ill and released from the prison. He died in 1970 after leaving the prison. Basically, the purpose of our work which prepared in line with the Prime Ministry Republican Archives, Yassıada Court Minutes, local and national press information, To inform the world of science about his court process.
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Important innovations and reforms had been carried out in courts like other many institutions of the Ottoman Empire in Tanzimat Period. Before Tanzimat period, there were three kinds of courts namely sheria courts, minorities (cemaat) courts and consular courts. During the Tanzimat period, trade and nizamiye courts were also added and the types of courts were increased. Some problems were experienced in the function of these courts due to change and reconstruction with the Tanzimat period. Politicians determined the problems and find solutions. Sometimes the Sultan, sometimes ministry of justice assigned experts to determine the problems. Sometimes the personnel in the court house determined the problems about courts being assigned and they presented the results to the related offices as reports. During the time of Abdulhamid II, reports were perepared about courts of justice like other many government institutions. In this study, 5 of the detected 6 reports were introduced with respect to there and 1 of the reports were simplified and presented in order to show the problems of the courts.
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The concept of family reunification is well established in contemporary migration laws, at both the national and international levels. Focusing on international and EU law, in this article I argue that while existing provisions on family reunification are formulated in neutral language, from the gender point of view the enforcement of these substantively neutral rules may, in certain situations, result in discrimination, or at least bring about negative consequences, with respect to women in cases both when they are the sponsors of migration or the bearers of consequences of male migration. Following presentation of the international legal framework on family reunification and the relevant international jurisprudence, I deal with some rather common aspects relating to the personal scope of family reunification regulations, covering only the issues of who can, and who cannot, join their family member(s)/sponsor(s) in a foreign country (i.e. the unmarried minor rule, excluded forms of marriages – polygamous and forced marriages - and age limits). Some procedural aspects of family reunification are then dealt with (waiting periods, delays in proceedings, and end of a relationship as a cause for termination of residence rights.). These issues are examined with respect to concerns that they may cause indirect, or even direct, gender discrimination in some cases, while in others they may affect women more negatively than men.
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One of the direct results of the collapse of the former USSR was the emergence of centrifugal ethnic minority nationalisms, which posed a threat to the stability of the then newly-established (or restored in the case of the Baltic democracies) states. In this context, one of the mechanisms introduced by the leading elites in several countries (e.g. Latvia, Ukraine, Estonia, the Russian Federation) in order to address the minority diversity issue, ensure stability, and gain international support (in the case of the Baltic states) was a cultural autonomy scheme, which has its origins in the ideas of the late 19th century Austro-Marxist school of thought. This model was successfully implemented once in the past, in inter-war Estonia. However, its modern application, even in cases when it does not just remain on paper (such as in Latvia and Ukraine), seems to serve other motives (e.g. a restitutional framework in Estonia, control of the non-titular minority elites in Russia) rather than the satisfaction of minority cultural needs, thus making cultural autonomy a dead letter.
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Despite the universal condemnation of torture, the prevention of appalling practices of ill-treatment has not been achieved in the 21st century. The repugnant practice persists and even increases because of the disingenuous interpretations of the definition of torture and the lack of effective enforcement mechanisms. Notwithstanding the cogency of the absolute and non-derogable prohibition of torture, particularly regarding the treatment of detainees, nowadays corporal punishment as a punitive measure is arguably a recurring phenomenon in several former British colonies and in States where the legal system is based on Islamic Sharia. While several legally binding universal and regional instruments prohibit torture in general terms, with no specific definition, the scope of the Convention against Torture’s definition was narrowed down by the lawful sanctions clause. The universality of the definition has been undermined by the inclusion of this clause, since different States have different practices when it comes to lawful and unlawful sanctions. The intractable problem of the interpretation of the definition by the State-Parties and the lack of effective control mechanisms has perennially posed the greatest challenge with respect to compliance with International Human Rights Law. In light of the above, this article seeks to critically dissect the lawful sanctions clause within the context of corporal punishment.
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The principle of nullum crimen sine lege expresses an old idea that only the law can prescribe a particular act as punishable. It is commonly understood as a requirement of sufficient definiteness of an offence, in particular – of a statutory description of an offence before it has been committed (lex scripta, lex praevia), and of clarity and precision in criminal provisions so as to enable an individual to conform with them (lex certa), as well as their strict interpretation (lex stricta). Nowadays the principle is an internationally recognized human right to foreseeable criminalization, guaranteed by, inter alia, Article 7 of the European Convention on Human Rights. However, the European Court of Human Rights seems to formulate two slightly different requirements on its basis, namely that the application of criminal law must be foreseeable for an individual and coherent with the “essence of an offence”. One may question whether this can serve as an adequate “shield” from arbitrariness on the part of State authorities. Nevertheless, the core aim of such a flexible approach is not to promote legal security for potential perpetrators, but to achieve better protection of human rights in general.
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This article presents the Polish practice of promulgation of international agreements since the end of World War II. It shows that the practice is at variance with the law and makes it difficult to determine the current legal situation vis-à-vis international agreements in Poland. In the conclusions the author puts forward de lege ferenda proposals which could improve the Polish promulgation practice.
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In its Judgement of 17 February 2016, the Polish Supreme Court adjudicated the case of Polish soldiers accused of crimes committed in the village of Nangar Khel in Afghanistan in 2007. Ultimately, the Supreme Court found that Polish soldiers were guilty of, inter alia, breach of Article 318 of the Polish Penal Code, which stipulates that a soldier commits a crime even when executing an order if he is aware of this crime. However, the part of the judgement devoted to the problem of unlawful orders is very limited and almost completely lacks references to international law. The Supreme Court could have referred to a number of international legal acts, starting from the beginning of 20th century and up to the more recent regulations, including those in the Rome Statute. Moreover, the Supreme Court did not use international case law. As a result, the argumentation of the Supreme Court should be assessed as limited and unconvincing.
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Book review of Eugene Kontorovich, Francesco Parisi (eds.), Economic Analysis of International Law, Edward Elgar Publishing, Cheltenham: 2016
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