CEEOL - Browse Subjects Result

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

Unifikować czy synchronizować prawo w Europie? Studium przypadku od prawa rzymskiego do prawa europejskiego

Author(s): Bronisław Sitek / Language(s): Polish Issue: 2/2016

Globalization processes included among other legal area. The abolition of customs borders enforces a gradual approach of different legal cultures. A number of issues has already been covered by common EU rules, like the protection of consumers. The most important thing however, is to unify and synchronize contract law which is the foundation of economic activity. Numerous attempts to build a European civil code have been undertaken within the European Union. So far, these codes remain in the sphere of projects. Currently, the codification of law through the use of similar instruments of interpretation of the law is reflected the most clearly. An example of the applicability of regulations from different legal systems is a legal system in force in South Africa.

More...

Innowacyjność przedsiębiorstw a poziom innowacyjności w Unii Europejskiej.

Author(s): Sylwia Ćmiel / Language(s): Polish Issue: 3/2012

The main subject of Polish innovation policy implementing innovation for the benefit of the entire economy of the country is entrepreneur. State is responsible for the level of innovation in the country implementing such measures as: allocating funds to research and development departments and using appropriate financial and legal instruments to stimulate innovative business ventures in accordance with the economic policy. Innovative companies try to cooperate in the area of innovation with companies in the same industry in the homeland and abroad, with research centers, companies, companies that intermediates in the transfer and financing innovations;clusters, as well as representatives of regional and local government authorities.

More...

Nielegalne pozyskiwanie danych przez państwo. Korupcja czy konieczność?

Author(s): Bronisław Sitek,Wincenty Bednarek / Language(s): Polish Issue: 4/2013

The changes caused by globalization lead to a conflict of cultures, which may affect the security of individuals and society. The most obvious change of the globalization is weakness of the position of the State for the benefit of international organizations and individual rights. The State which had been the guarantor of security is increasingly becoming an enforcer of judgments or decisions of external bodies. The State also begins losing against the rising claims of citizens, especially in terms of ensuring safety. In this case the knowledge is needed, so first of all information acquired in a legal way. However, due to the threat posed by terrorists who obtain information mainly in informal way by using illegal methods of operation, the moral dilemma about boundaries of security service’s actions is born. May security justify actions of security service conducted on the border of the law or with its breaking?

More...

Информационен и аналитичен потенциал на организацията на договора за колективна сигурност-структура, задачи и тенденции

Author(s): Plamen Tihomirov Petrov / Language(s): Bulgarian Issue: 2/2024

An author's study carried out for the period 2019-2024 analyzes the activity and examines the modern trends in the development of the units for monitoring, analysis, processing of information in the Collective Security Treaty Organization. Changes in the structure of the organization and formation of a scientific-expert council after 2019 related to the strengthening of the information and analytical potential of CSTO have been reported

More...

Национален референдум - същност и правна рамка

Author(s): Boyan Stanimirov Vidolov / Language(s): Bulgarian Issue: 3/2024

This report looks specifically at the National Referendum. It gives the difference between the different types of referendums in Bulgaria, the nature of the referendum and the legal framework. It examines the whole process by looking at the „Law on the Direct Participation of Citizens in State Power and Local Self-Government”.

More...

Изследване опита на страните от Европейския съюз за намаляване на замърсяването с фини прахови частици

Author(s): Gloria Zasheva / Language(s): Bulgarian Issue: 3/2024

High levels of fine particulate matter (PM) pollution in the atmosphere have serious negative impacts on human health. Sources of this pollution are various types of manufacturing plants, domestic sources of pollution, construction and repair activities, etc. The presence of HAP in the atmosphere can lead to serious illnesses and, in certain circumstances, fatalities. It is necessary to implement serious measures and carry out certain activities to prevent pollution and reduce the risk of disease. In the developed countries of the European Union (EU), prevention is the main part of the measures that are implemented to protect people's health and they are the essence of laws, regulations, rules, legislative initiatives and projects. They lay down the reference values for PMF in the air and any exceedance of these parameters is recorded and penalised. The imposition of administrative measures is not a solution to the problem of air pollution, but it is a stage in the development of society for a higher level of personal hygiene and health promotion. In this sense, the topic of this report is topical and requires a study of the best practices of European countries to reduce air pollution with PMF and their adaptation and implementation in the Republic of Bulgaria.

More...

Условия за приложимост на международното хуманитарно право в контекста на съвременните военни операции

Author(s): Nikolay Nedev / Language(s): Bulgarian Issue: 3/2024

The existence of an armed conflict is an important fact in the international legal system. The derivation of some minimum defining characteristics inherent in any armed conflict, which distinguish it from situations of unarmed conflict or peacetime situations, has significant consequences for the operation of international law related to the application of the norms of international humanitarian law. Therefore, the existence of an armed conflict is a legal fact related to the application of IHL, which may have an impact on the operation of international legal norms regulating relations between states

More...

The Disappearance of a Natural Person Who Is a Sole Proprietor (Self-Employed): Considerations under the Polish and Slovak Law

Author(s): Alexandra Löwy,Karin Rakova,Paweł Lewandowski / Language(s): English Issue: 1/2024

The disappearance of a natural person, especially when he or she is also a sole proprietor of a business, causes legal problems. Such situations are not directly regulated by legal acts, i.e., the legislators do not refer to the impact and consequences of the disappearance on the performed business activity. Meanwhile, the fact that a sole proprietor goes missing may have a negative impact on his or her situation, including the content of the obligations binding on him or her. This paper discusses how the relatives, in particular the spouse of the missing person, may behave in such circumstances. The considerations carried out concern Polish law and Slovak law, as there is no specific regulation of the declaration of missing person who is a sole proprietor introduced on the model of foreign regulations, the article places emphasis on the comparison of both selected regulations. The conclusion indicated that until the missing person is recognised as dead, family members or other relatives do not have any competence to take any action on behalf of the missing sole proprietorship circumstances, other entities may operate, i.e., attorney-in-fact, proxy, according to Polish law custodian established pursuant to Art. 184 of the Family Code, the custodian established pursuant to Art. 144 of the Code of Contentious Civil Procedure, or prosecutor. Similarly, under the Slovak law, until the missing person is declared dead, a guardian, or a representative appointed by the court pursuant to Section 68 of the Civil Procedure Code, acts for such person.

More...

The Emergence of Lesbian Theory of Law: Why and How the Lesbian Theory of Law Has Been Developed

Author(s): Dominik Šoltys / Language(s): English Issue: 1/2024

In the late eighties of the 20th century, the methodological reflection of lesbian identity arose within the framework of feminist jurisprudence. Although the original intention was to include lesbian identity in a woman's identity, in a relatively short period there was a sudden break. Lesbian identity became a distinct identity considered to be the central position of lesbian jurisprudence. This study presents the peculiar features of lesbian legal theory. It tries to point out the historical and ideological determinants that led lesbianism to enter (legal) feminism. Lesbian separatism also took part in this development. It turned out to be the main reason for the separation of lesbian legal scholars from the feminist jurisprudence. The study presents the core ideological assumptions that constitute the theoretical nature of the lesbian theory of law, which is based on lesbian (legal) experiences.

More...

In Search of Sustainable Finance: A Study of Practices on the Slovak Corporate Bond Market

Author(s): Ján Mazúr,Sabina Petrovičová / Language(s): English Issue: 1/2024

Financial market is expected to play an important role in transition towards more sustainable setup of the business environment. The European Commission published the EU’s Strategy for Financing the Transition to a Sustainable Economy in 2021, requiring the inclusion of environmental, social and governance considerations into investment decision making. Yet, small, open EU economies, such as Slovakia, are in a specific position when implementing this legal framework. For instance, Slovakia does not have any meaningful stock market to speak of, although its bond and collective investment markets perform better. To assess the adoption of sustainable finance elements and to assess the convergence on the Slovak bond market towards standard practice, we investigated current practices on the corporate bond market of nonfinancial corporations. We conducted our research through a review of corporate bonds prospectuses published during 2020-22, in which, to assess current market practices, we examined and evaluated selected criteria and indicators related to issuers and bonds and compared them. These criteria include for example issuer´s business and purpose of finance, form, yield, security, or transferability of bonds. We find that relevant variable criteria and indicators related to reviewed bonds, compared in our research, are similar, indicating that the market converged into a standard practice. Finally, we find almost no evidence of adoption of the sustainable finance elements although there are hints of market uptake of sustainable practices.

More...

Electronic Monitoring Is Not the Only Problem Here: The Challenges of House Arrest Application Practice in the Czech Republic

Author(s): Ivo Polanský / Language(s): English Issue: 1/2024

Over the past 25 years, few alternative sanctions have received as much attention as electronically monitored house arrest. In the view of relatively dynamic development of electronic surveillance technologies and related ethical and legal issues at stake, this interest continues to this day. In the Czech Republic, electronically monitored house arrest was introduced in 2010. Somewhat oddly, the electronic surveillance system had not been implemented at the time. Yet, legislators and sanctions policy makers placed high hopes in this form of punishment. In particular, it was expected to significantly help combat the relentless hypertrophy of the prison population. But the expectations of sanction policy makers were not met due to the reluctance of the courts to impose house arrest. This had remained unchanged over the years, and opinions had begun to emerge that the state's failure to introduce electronic monitoring was primarily to blame. In 2019, electronic monitoring was eventually implemented, but the number of sentences imposed still did not increase. If the legislature's sanctions policy is not translated into practice, its aims cannot be achieved. For this to happen, it is essential that house arrest becomes more prevalent in the structure of sentences imposed. Increased application rates will not happen spontaneously; certain steps need to be taken to address the reasons for the current state of affairs and to mitigate factors that negatively affect application practice. For this purpose, such causes and negative factors must first be identified. This paper therefore examines the importance of electronic monitoring in terms of the application practice of house arrest in the Czech Republic, and the main reasons for not imposing house arrest. Building on these findings, it offers suggestions that would contribute to more frequent imposition of house arrest in appropriate cases.

More...

Cultural Property Protection in Private International Law

Author(s): Bogdan Kryvolapov / Language(s): English Issue: 1/2024

The armed aggression of the Russian Federation against Ukraine has brought the issue of protecting cultural property to the forefront. Numerous documented cases of illegal exports of cultural property from Ukrainian museums located in territories occupied by the aggressor country have emerged. In addition, little is known about the number of stolen objects from private collections, which are considered cultural artifacts. There are no statistics available on this matter. This paper aims to explore the problem of applicable law during the consideration of disputes regarding the protection of cultural property. The author examines the concept of cultural property restitution in private international law and different approaches and concepts for defining "restitution" and "return" of cultural values. It has been argued that the term “return of cultural property” should encompass a wider scope, including both the restitution of illegally exported cultural property and the return of cultural property that was legally in the possession of another state but was later repatriated to the original state as a gesture of goodwill. The author offers his definitions of these terms based on theoretical research, as well as an analysis of the domestic legislation of Ukraine and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Property of June 24, 1995. The paper also delves into the issues of conflict regulation of disputes involving cultural values. Both the issues of determining the right of ownership to and the problems associated with the protection of the right of ownership of cultural property in private international law are considered. The point of view that the conflict of laws rule lex originis (the law of the country from whose territory the cultural property was exported) should be applied in disputes regarding the return of cultural property from someone else's illegal possession is supported. The author concludes, based on a comparative analysis of laws on private international law, about the most appropriate mechanism for protecting the property rights of a bona fide purchaser in disputes over cultural property.

More...

Poland's Climate Policy – Selected Legal Aspects

Author(s): Ewa Radecka / Language(s): English Issue: 1/2024

This paper aims to briefly present the climate policy in Poland, in selected critical areas from the author's perspective and that may accelerate or delay the just transformation. Climate policy should be a significant part of Poland's activities because Poland is one of the EU countries most dependent on fossil fuels, and the increase in carbon dioxide emissions is also disturbing. However, as the analyses show, the conclusions of various reports seem fully justified, and Poland is not correctly implementing its climate policy. This paper, the first in the series, first explains the basic concepts. Then it briefly presents the basics of the EU's climate policy. The last part concerns Poland's implementation of climate policy in selected areas. Renewable energy sources and air protection will be discussed first in the series. The final fragment contains unoptimistic conclusions with a simultaneous suggestion to undertake urgent work on the Climate Protection Act in Poland. The research was carried out using dogmatic, legal, and statistical methods to a narrow extent.

More...

Main Criteria for the Classification of Disinformation and Attempts to Criminalisation of Its Spread in Ukraine

Author(s): Viktor V. Tyshchuk / Language(s): English Issue: 1/2024

Based on the methodology of documentary review of scientific sources, available materials of public organisations, the judicial practices in investigating cases of disinformation spread, Ukrainian and foreign sources, the process of disinformation propagation has been researched. Using this approach, the main criteria for classifying disinformation by domains, objectives, methods, sources, forms, and channels were formulated. It was found that in Ukraine, there is still no unified legislative practice to counter disinformation, which leads to the uncontrolled application of manipulative processes and the dissemination of unreliable information by hostile intelligence services. Mass media and other channels of disinformation dissemination continue to evade the attention of law enforcement agencies, for instance, in the fields of economics, science, education, culture, and sports.

More...

ECtHR: Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (Application No. 53600/20, 9 April 2024): Insufficient Measures to Combat Climate Change Resulting in Violation of Human Rights

Author(s): Sandra Žatková,Petra Paľuchová / Language(s): English Issue: 1/2024

The present paper focuses on the analysis of the landmark decision of the European Court of Human Rights in which the Court has, for the first time, ruled on human rights violation due to climate change. It begins with the description of the convention as a so-called living instrument that aims at the interpretation of the European Convention on Human Rights taking into account the current social circumstances and challenges, such as the growing need for environmental protection and addressing climate change. In the judgment in question, the Court held that Switzerland had violated the applicant's rights due to insufficient legislative measures to protect individuals from the adverse effects of climate change. As a result of the long-awaited but unconventional conclusion, the judgment has become the target of much criticism. The paper thus concentrates on the main seemingly innovative or rather surprising pillars of the judgment, such as the court's determination of locus standi, the scope of a state's positive obligations in the context of climate change and its related margin of appreciation, as well as the unprecedented consideration of scientific evidence. The paper concludes by summarising the possible implications of the court's arguments for similar future cases, which will undoubtedly increase in number.

More...

Правна природа на актовете на националния орган по защита на личните данни

Author(s): Zhivka Mateeva / Language(s): Bulgarian Issue: 3/2024

The national supervisory authority for data protection is the Commission for Personal Data Protection, which, as of 2023, is also the central authority for external whistleblowing and for the protection of persons reporting violations of Bulgarian legislation or acts of the European Union that threaten or harm the public interest. Based on its competencies, it issues administrative acts that hold an important place in Bulgaria’s legal system. This study will examine and analyze the legal acts of the commission, which it issues as a specialized body carrying out supervisory activities to prevent the violation of individuals’ rights and ensure their adequate protection.

More...

Impact of artificial intelligence on practicing judicial professions

Author(s): Marina M. Matić Bošković / Language(s): English,Serbian Issue: 3/2024

Artificial intelligence (AI) is transforming various sectors, and the judicial system is no exception. The author explores the impact of AI on practicing judicial professions. The integration of AI into judicial systems offers significant benefits in terms of efficiency, access to justice, and decision-making accuracy. However, it also poses challenges that need to be addressed through careful implementation, ethical considerations, and continuous adaptation. Although the use of the AI in the judiciary is on the rise and varies from country to country, it brings potential risks for fundamental rights. In the article, the author assessed whether the use of AI by judicial professionals jeopardize the right to a fair trial, including the right to an independent and impartial court, equality of parties, etc. The author also evaluates whether some of the introduced tools, especially those predicting court decisions and recidivism, violate fundamental rights. Finally, the author assesses options for further development and use of AI by judicial professions.

More...

Europeizacja ochrony środowiska poprzez prawo karne

Author(s): Jana Navrátilová / Language(s): Polish Issue: 3/2024

W artykule skupiam się na europejskich ramach prawnych dotyczących ochrony środowiska, w szczególności poprzez prawo karne. To bardzo aktualna kwestia, ze względu na społeczną potrzebę pogodzenia rozwoju technologicznego z ochroną zasobów naturalnych i środowiska w ogóle. Celem artykułu jest przedstawienie i zbadanie obowiązującego prawodawstwa europejskiego w zakresie karnoprawnej ochrony środowiska; stosowane są tu głównie metody opisowe, analityczne i syntetyczne. W pierwszej kolejności przedstawiam historię polityki ekologicznej w prawie międzynarodowym publicznym i prawie europejskim, gdzie początkowo nie stosowano instrumentów prawa karnego. Następnie omawiam aktualne ramy prawne i skupiam uwagę na ich przyszłości. Ostatnia część artykułu dotyczy prawa wtórnego Unii Europejskiej, mianowicie Dyrektywy Parlamentu Europejskiego i Rady w sprawie ochrony środowiska poprzez prawo karne z 2008 r. oraz nowej Dyrektywy Parlamentu Europejskiego i Rady w sprawie ochrony środowiska poprzez prawo karne z 2024 r. Nie zostają jednakże pominięte inne decyzje, dyrektywy i orzecznictwo dotyczące tego zagadnienia. Reasumując, jest to unikatowy artykuł przedstawiający funkcjonowanie wszystkich zasadniczych instrumentów prawnych w dziedzinie europejskiej ochrony środowiska poprzez prawo karne. Wykazuję znaczenie ochrony środowiska poprzez prawo karne, ale jednocześnie zwracam uwagę na konieczność stosowania jednej z jego podstawowych zasad – ultima ratio.

More...

Wykluczenie Federacji Rosyjskiej z Rady Europy: wstępne refleksje na temat skutków

Author(s): Jarosław Kowalski / Language(s): Polish Issue: 3/2024

Nowa sytuacja związana z agresją Rosji na Ukrainę spowodowała, że Rosja została wyklu-czona z Rady Europy (RE, Rada) i europejskiego regionalnego systemu ochrony praw czło-wieka w marcu 2022 r. Celem artykułu jest określenie skutków prawnych i politycznych wykluczenia Federacji Rosyjskiej z RE i europejskiego systemu ochrony praw człowieka. Cel naukowy został realizowany poprzez analizę aktów normatywnych (hard law, soft law) Rady, przeglądu literatury krajowej i zagranicznej oraz analizy danych statystycznych udostępnio-nych przez RE i Europejski Trybunał Praw Człowieka (Trybunał, ETPC). Zastosowano metodędesk research.W artykule podjęto kolejno próbę odpowiedzi na pytania badawcze: 1. Jakie są realne i potencjalne skutki wykluczenia Rosji z Rady dla tego państwa, a jakie dla innych państw członkowskich?, 2. Co przyniesie wykluczenie Rosji z RE i europejskiego systemu ochrony praw człowieka dla obywateli tego państwa i osób pozostających pod jego jurysdykcją?Członkostwo w RE wiąże się z obligatoryjnym uczestnictwem w europejskim systemie ochrony praw człowieka, zbudowanym na Europejskiej Konwencji Praw Człowieka (Konwen-cja, EKPC) i Trybunale. Główne skutki wykluczenia Rosji z Rady to: 1. wykluczenie z rodziny państw europejskich, 2. wypowiedzenie Konwencji i innych umów przyjętych w ramach organizacji, 3. brak możliwości występowania ze skargą indywidualną i międzypaństwowąprzeciwko Rosji.

More...

Assessment of Social Protection for Families with Children in the EU Member States

Author(s): Baiba Mistre,Inguna Leibus,Gunita Mazure / Language(s): English Issue: 2/2024

The extent of social protection provided to families with children varies according to each country's unique economic, social, and demographic conditions. The most important factors for assessing social protection were studied and identified by means of the multivariate statistical analysis method, and the level of social protection was identified through cluster analysis in order to evaluate the level of social protection for families with children in the EU Member States. The research resulted in the classification of factors characterizing social protection for families with children into three groups: demographic, social, and economic. Respectively, the EU Member States may be divided into four different clusters. The most generous social protection for families with children is reported by the countries included into Cluster 4 (Scandinavia and Western Europe – welfare states), which spend a larger proportion of expenses on social protection compared to the other countries. Countries with greater demographic problems and low social protection are included into Cluster 2 (Southern Europe). Ireland, which is the only country in Cluster 1, has the best demographic and economic situation. Relatively weaker economic and social development is demonstrated by the EU Member States belonging to Cluster 3 (Central Europe, Eastern Europe and Portugal); however, the demographic situation indicators in these countries are above the EU average indicator and they do not significantly differ from the indicators of the countries belonging to Cluster 4.

More...