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Demokratizace a omezování lidských práv

Author(s): Pavel Molek / Language(s): Czech Publication Year: 0

S procesem demokratizace bývá takřka automaticky spojován (v předchozích kapitolách čas od času rozporovaný) předpoklad, že její úspěšný postup s sebou přinese narůstání úrovně ochrany a že tedy postup demokratizace a zvyšování úrovně ochrany lidských práv korelují. Vychází to ostatně z jednoduchého postřehu, že demokracie je zatím nejlépe fungujícím prostředkem k dosažení či udržení svobody jednotlivce. Je ovšem otázkou, zda cesta, tedy demokratizace, má stejné vlastnosti jako cíl, tedy demokracie. Je přinejmenším hypotézou hodnou falsifikace, zda je zmíněná korelace mezi nárůstem demokracie a ochranou lidských práv tak jednoznačná, jak se domnívali ti, kdo na náměstích drželi při revolucích vedoucích k pádu nedemokratických režimů transparenty dovolávající se demokracie vedle transparentů domáhajících se dodržování lidských práv.

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PROTECȚIA DREPTURILOR REPRODUCTIVE ALE FEMEII: ASPECTE TEORETICO-NORMATIVE

Author(s): Victoria Ţarălungă / Language(s): Romanian Publication Year: 0

Women's sexual and reproductive health is linked to multiple human rights, including the right to life, the right not to be subjected to torture and ill-treatment, the right to health, the right to privacy, the right to education and the prohibition of discrimination. Considerable global progress has been made in recent decades in the area of women's sexual and reproductive health and rights, and in eliminating related forms of discrimination, and the international community is at the forefront of these efforts. However, despite significant progress, the content and area of reproductive rights remain controversial and women continue to face spread denials and violations of their sexual and reproductive rights and health

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Културната политика на Европейския съюз - между културното многообразие и поставянето на преден план на общото културно наследство

Author(s): Jean-Christophe Barbato / Language(s): Bulgarian Publication Year: 0

One of the components of the United Europe idea, according to its founders, is culture. The EU views the goal of maintaining cultural diversity as complementary to the goal of highlighting the common cultural legacy. Both of these objectives are more likely to be attained through intercultural conversation and the free movement and access to all cultures. Starting from diversity, the goal is to achieve a unity that does not, however, harm the original diversity, which is preserved. The European Union's motto, "United in Diversity," is a wonderful synthesis of this strategy.

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Korištenje zakona za borbu protiv rodno zasnovanog nasilja u univerzitetskim zajednicama

Author(s): Louise Whitfield / Language(s): Bosnian Publication Year: 0

Iako zakoni postoje da bi štitili žene od nasilja nad ženama i djevojčicama u kampusu, preživjele ih rijetko koriste, a institucije rutinski ignoriraju. U ovom području je bilo vrlo malo slučajeva, što je otežalo pravnu analizu, ali u ovom poglavlju se razmatra postojeće zakonodavstvo i procjenjuje se kako bi se moglo više koristiti da bi se postigla nužno potrebna promjena u odgovornosti univerziteta i poštovanju ženskih prava. Vrlo mali broj dosadašnjih slučajeva odraz je kulturnog i zakonskog okruženja, kao i teškoća na koje žene nailaze pri pokretanju takvih slučajeva. Međutim, važeći zakoni omogućavaju pozivanje univerziteta na odgovornost, a ovom poglavlju koje je napisala advokatkinja koja ih je koristila u novijim predmetima (uključujući R (Ramey) protiv Upravnog odbora Univerziteta Oxford), detaljno se razmatra evropsko, međunarodno i zakonodavstvo UK koje je dostupno preživjelima rodno zasnovanog nasilja, njihovim advokati(ca)ma i aktivistkinjama.

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Modern Business with Ancient Tools or Warranty against Eviction in Roman Law and Its Inheritance in the French, German and Italian Civil Codes

Author(s): Sorin - Alexandru Vernea / Language(s): English Publication Year: 0

Modern Civil codes are mostly based on Private Roman Law, and this relation can be seen especially in the regulation of contracts and torts. The aim of this paper is to highlight the essential elements of the vendor’s warranty against eviction by reference to the main sources of Roman Law, in order to search for its influence on contemporary civil law, in France, Germany and Italy. The analyze undertaken will use the comparative method, with direct reference to the Roman institutions that influenced contemporary legislation. This study is part of the author’s recurring interest regarding the warranty against eviction, and its main focus is on the definition of eviction alongside the object of the warranty. As a conclusion, the author identifies a slightly different approach concerning the concept of eviction, that explains the similar treatment both for the warranty against eviction and defects, found in current legislations.

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Trafficking in Human Beings. Peculiarities of Criminal Legal Characteristics

Author(s): Aurel Octavian Pasat / Language(s): English Publication Year: 0

This article is dedicated to human trafficking as one of the most dangerous and highly profitable forms of international organized crime. The study examines the process of the international community's fight against such an international crime, analyzes the international legal acts aimed at suppressing this crime. The legislation in force in Romania is researched, concepts such as "human trafficking", "human exploitation", "recruitment", "transportation", as well as certain features of the criminal law and the forensic characteristics of the analyzed crime, are revealed, which features of this crime must be taken into account, the importance of human trafficking investigations.

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The “Criminal” Nature of the Measure of Suspension of the Operating Authorization of a Legal Person as a Tax Warehouse

Author(s): Anca-Lelia Lorincz / Language(s): English Publication Year: 0

The issue of liability of the legal person, in the context of discussing the "challenges of business law in the third millennium", gives us the opportunity to address some aspects regarding the qualification as "criminal sanctions" of some administrative measures taken in fiscal terms. Using, as research methods, documentation, interpretation and comparative scientific analysis, the present study brings to attention the need to continue the process of harmonizing national legislation with European Union law, with a view to the uniform application of a general regime of excise duties. Starting from a recent decision of the Court of Justice of the European Union (Judgement of 23 March 2023) regarding two preliminary questions formulated by a Romanian court, and considering the fact that the phrase "in criminal matters" has a wider meaning in Union law compared to the one in the Romanian legislation, this paper also concludes with a concrete legislative amendment proposal to avoid the risk of violating, in certain situations, the principle of the presumption of innocence against the legal person that functions as a tax warehouse.

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Retail investment strategy proposal – overcoming cross-border business challenges through legislative process

Author(s): Alexander Kult,Jana Lix Andraščiková / Language(s): English Publication Year: 0

This article provides a comparative analysis of the changes brought forward by the Retail Investment Strategy (RIS) proposal within the European Union and a critical discussion of its potential impacts. Given the limited scope of this article, the authors intend to deal mostly with cross-border business relations. The purpose of our research was to assess the impact of the current wording of the RIS proposal on existing legislative framework (MiFID, IDD, PRIIPs, and others) and to highlight potentially problematic or even counterproductive provisions. The RIS proposal impacts a wide spectrum of financial products and represents a further stage of so-called "Mifidization process". Talking about a strategy that will result in a framework amending several areas of financial services, one would reasonably expect to see unification and simplification tendencies, e.g. in information disclosure requirements. Last but not least it is rational to assume compatibility with existing legal framework, e.g. Rome I Regulation. But is this really the case? And will it lead to higher consumer protection and financial literacy standards? As we see it, the European Commission's proposal raises many hidden challenges that may prove problematic in practice and should therefore be further considered by the European Parliament and Council as a part of the upcoming European legislative process.

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De Lege Ferenda Considerations on Potential Institutes Increasing Participation in Supplementary Pension Savings

Author(s): Andrea Slezáková,Martin Višňovský / Language(s): English Publication Year: 0

Supplementary pension savings represent one of the results of the diversification of the pension system in the Slovak Republic. For the majority of the population, with the exception of selected types of professions, participation in supplementary pension savings is voluntary. In order to ensure and improve the standard of living of individuals in the post-productive age, the legislator has introduced in the legal order regulations that should motivate to participation in supplementary pension savings, such as the possibility to inherit the value of a personal account, tax benefits or employer contributions. The paper contains a set of proposals and reflections of the authors on what other possible mechanisms should be introduced in order to increase interest in saving the so-caller third pillar both on the part of the participant and on the part of their employer.

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Modernising payment services and enhancing open banking: a comparison of recent EU proposals of payment services directive 3 (PSD3) and payment services regulation (PSR) with current PSD2

Author(s): Jan Skrabka / Language(s): English Publication Year: 0

The article provides a comparative analysis of the fundamental developments of the recently published EU Financial Data Access and Payments Package. It focuses on the comparison of the proposal of the Payment Services Directive 3 (PSD 3) and a new Payment Services Regulation (PSR) with the current PSD2. Among the main features, the European Commission promises improvements mainly in the protection of Payment Services Users and also in the area of competitiveness in the financial sector. Besides PSD3, the new PSR, which will be directly applicable in the whole EU, will tackle forum shopping by increasing the harmonisation in different Member States. Regarding competitiveness, the proposed framework aims to increase competitiveness by further enhancing open banking with a dedicated interface (API) for exchanging information between market players and providing users with dashboards to monitor and manage their consent with data sharing easily. However, the proposed framework repeals some PSD2 exceptions and imposes unnecessary administrative burden on specific types of businesses, such as foreign exchange services or limited networks, or fails to include sufficient temporary provisions allowing for uninterrupted operations. The article presents a critical discussion of proposed changes and their potential impact on practice. The new framework is just at the beginning of the legislative process, and the finally approved PSD3 and PSR are expected to be applicable in 2026 at the earliest.

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Recognition and Enforcement of Judgments between the Czech Republic and Ukraine

Author(s): Miroslav Sedláček,Tetiana KRAVCHENKO / Language(s): English Publication Year: 0

The recognition and enforcement of judgments between the Czech Republic and Ukraine are crucial elements in fostering international legal cooperation and ensuring access to justice for individuals and businesses operating across borders. This paper explores the legal framework and procedures governing the recognition and enforcement of judgments between these two countries. It highlights the significance of bilateral and multilateral agreements, such as the Lugano Convention or the Hague Convention, in facilitating this process. Additionally, it discusses the challenges and complexities that may arise in cross-border enforcement cases, including issues related to jurisdiction, reciprocity, and public policy. The paper underscores the importance of a well-established legal framework and effective judicial cooperation to promote legal certainty and enhance the ease of doing business and cross-border legal transactions between the Czech Republic and Ukraine.

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Beyond Reciprocity: Recognition of Ukrainian Administrative Acts in the Times of Emergency

Author(s): Jakub Handrlica / Language(s): English Publication Year: 0

Recognition of foreign administrative acts has triggered a considerable attention of the scholarship of public law in Europe. The fact is, however, that most of the scholarship has paid attention to those models of recognition, which have been established to exist in the period of peace. In this respect, the feature of recognition has been understood as a tool, facilitating circulation of persons, products and capital. Thus, the existing academic debate on recognition has focused on this feature from the perspective of reciprocity (= mutual recognition). The current occurrences, which have arisen in the aftermath of the Russian aggression against Ukraine, represent a salient opportunity to analyse the feature of recognition from a different viewpoint. While the major approach of the EU law to the feature of recognition has been until recently based on reciprocity, the emergency legislation issued after February 2022 is built upon unilaterality. This article will focus different pieces of EU legislation, which have been issued to govern certain issues in recognition, arising with respect to the war in Ukraine.

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Managing Language Barriers by the Means of Administrative Law: Linguistic Dimension of the Ukrainian Crisis in the Czech Republic

Author(s): Kamila Balounová,Vladimír Sharp / Language(s): English Publication Year: 0

Every encounter of two different cultures almost inevitably brings along an issue of translation and interpretation. When it comes to bureaucratic procedures, the Czech law requires that certain inter-linguistic actions be executed with the assistance of socalled court translators and court interpreters, i.e. highly skilled professionals holding a special license issued by the Ministry of Justice. While the regulatory regime of certified translation and interpretation had been designed as to satisfy the ordinary day-to-day needs of the judicial system, an unexpected and acute crisis concerning thousands of foreign nationals having not one, but two or more native languages, seemed to have put the relatively rigid system to the trial. Our presentation will address the problematic regulatory issues arising from this situation and propose both practical and theoretical or conceptual solutions to the existing problems.

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Ukrainians under the Temporary Protection of the Czech Republic: From Theory to Practice

Author(s): Nataliya Isayeva / Language(s): English Publication Year: 0

The article is devoted to the study of theoretical and practical aspects of the status of persons with temporary protection in the Czech Republic. Normative provisions of international legal acts and national legislation regarding the protection of this category of persons have been considered. It is outlined what legal consequences are caused by such status for both the persons who are its recipients and for the country that grants the status to a person. The information on the practical problems faced by Ukrainians with the status of temporary protection is provided. The ways of overcoming the issues by the authorities of the Czech Republic are explored, and the author's recommendations for improving the regulatory and legal framework are provided in order to resolve conflicts and gaps in the legislation.

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Enforcing Medical Insurance under the Leges Ukrainae

Author(s): Liliija Serhiichuk / Language(s): English Publication Year: 0

Who would want to flee the war? Start over in another country? Overcoming the language barrier, thinking about how to find a job, apartment and kindergarten for your child? Where to find friends or people who will understand and help? Nobody wants to feel it. Ukrainians who have found temporary protection from the war in the Czech Republic are forced to face Czech legal norms every day. Ukrainian law and the law of the Czech Republic are two different but interrelated legal systems. Massive influx of Ukrainian citizens into the territory of the Czech Republic after Russia's aggression against Ukraine in February 2022 caused a radical strengthening of interaction between elements of both Ukrainian and Czech law. The strengthening of interaction took place primarily in the field of practical application of law. The full scale of this phenomenon is easily demonstrated by the fact that the Czech Republic has received the largest number of Ukrainian refugees per capita in the European Union – 470,000 refugees, which is 4 percent of the population. In this regard, it is easy to understand that the appearance of thousands of Ukrainian certificates, licenses and other acts represented primarily the problem of practical application of legislation. However, the connection between the two legal systems has also attracted the attention of the legal community and is important to the debate both from both practical and theoretical point of view.

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Social Media and Legal Challenges on Data Protection in Criminal Proceedings. International Standards and the Case of Albania

Author(s): Fjorida Ballauri / Language(s): English Publication Year: 0

Nowadays, with the development of technology and globalization, implementing the law and regulations on data protection is particularly important. Implementing the Law on Data Protection in Albania has faced several obstacles and challenges because of how the information is distributed daily in social media. Although there are some regulations, bylaws, and obligations for data processing and an independent institution specialized in this field, there are concerns about the administration and illegal dissemination of personal data. The issue of data protection during investigation, prosecution, and judgment is directly linked with the presumption of innocence and the due process of law. The way the media covers an article on a criminal case can sometimes influence the court's decision. Sometimes, the journalist, during the processing of the personal data of persons under investigation, may violate even the secrecy of the investigation. This article aims to analyze the legal framework on data protection in criminal proceedings in Albania and how implementing the Law on data protection can affect the administration of justice.

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Administrative Science or Sciences? Research Must Remain Interdisciplinary

Author(s): Diana Dănișor / Language(s): English Publication Year: 0

If human sciences study behaviours, administrative science mobilizes a number of disciplines, raising administration problems from a double perspective – theoretical and practical. Since the points of view of specialists in these disciplines do not overlap, one speaks of plural administrative sciences rather than of a single, unified administrative science. Administrative science is generally approached within a single discipline, even if it requires a broader approach, with no need to integrate knowledge from different disciplines that have as their object the knowledge of public administration, as it is difficult to reduce the research results from these disciplines to a common denominator. But a theory of public administration common to all administrative sciences can only be achieved through the common approach of research devoted to the current problems of public administration, research undertaken by representatives of administrative law, administrative procedure, administrative policy, sociology, history, political science, legal linguistics, etc. to focus on diverse and selective topics, to approach in a general way, but also in detail.

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Problems of Administration of Disputes Arising in Connection with the Public Service: Jurisdiction and the Possibility of Mediation

Author(s): Mariia Karmalita,Maryna Pyzhova / Language(s): English Publication Year: 0

The purpose of the publication is to clarify the legal grounds for delimiting the jurisdiction over disputes arising in connection with public service and the legal grounds for applying the institution of mediation in the field of labor relations. The article examines the legal basis for determining the jurisdiction of labor disputes in Ukraine based on their subject matter and peculiarities of the subject composition of the dispute, as well as the prospects for using mediation, especially in the context of the challenges posed by COVID-19 and martial law in Ukraine. It is stated that 1) labor disputes arising in connection with public service may be considered within the framework of administrative proceedings; 2) globalization of the economy, in particular, the integration of the Ukrainian economy, requires the introduction of new effective institutions regulating market relations, and thanks to mediation, the institution of labor disputes has been able to develop in a new vector. The author analyzes the correlation between the concepts of "civil service" and "public service" and offers recommendations for their differentiation. The author formulates the concept of "dispute in the field of labor relations and public service". The legal grounds for the use of mediation in the field of labor relations and public service are substantiated. The methodological basis of the research is such methods of scientific knowledge as: dialectical, comparative legal, dogmatic, logical methods of scientific knowledge.

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The New Trends in Administrative Decisions in Portugal - the Simplex Program and the Adequate Pursuit of Public Interest

Author(s): Raquel Carvalho / Language(s): English Publication Year: 0

The trend towards the acceleration and simplification of administrative procedures is not new in the Portuguese legal system. However, the globalization of economies, which need to be reconciled with the protection of multiple public interests, has been pushing the legislator to pursue this path. This paper proposes to analyse DL no. 11/2023, of February 10th, included in the simplex programme, which has introduced several simplification and acceleration changes in many legal systems, especially in the environmental field. This is a particularly complex area, which requires great care when implementing solutions that facilitate decision-making, at the serious risk of not adequately pursuing public interests. The preamble of this law clarifies that it " aims to initiate the simplification reform of existing licencing, through the elimination of licences, authorisations, acts, and dispensable or redundant procedures linked to the protection of environmental resources, simplifying the activities of companies without compromising environmental protection (...), the Public Administration focusing, particularly, on monitoring, co-responsibility, and self-control by economic operators. Is simplification reconcilable with environmental public interests? Will it be sufficient, given the irreversibility of much ecological damage, to rely solely on monitoring and surveillance functions, leaving aside the preventive and precautionary functions?

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Blockchain Technology and Smart Contracts - Public Policy Needed in the Technology Race

Author(s): Camelia Daciana Stoian,Dominic Bucerzan,Crina Anina Bejan / Language(s): English Publication Year: 0

To write about a branch of law entitled "new technologies" places us in a challenging but topical realm because we can only identify in a fragmentary way the meaning of a set of legal rules that have been promulgated by the legislature, and even less the positive law that is actually applicable at national level or even in most EU countries. However, it is not only with this thought that we proceed in the conception of the present material, but also with the idea that has become dominant as a business concern, an idea that highlights the prerogative of any person to "try his luck" by concluding a coded agreement , using a laptop and at the same time at least one other subject of law willing in consensus to use blockchain technology. We can also visualize the public official automatically enrolled in the digitization process, acting as a "business partner" of the public administration and performing in the context of the current legal area mismatch service duties using blockchain technology in energy market procurement. To conclude a so-called "smart contract" by means of blockchain technology certainly implies an agreement of wills and the typed intention of the parties concerned in a legal framework not regulated by general legal rules or specific and applicable particular provisions. We thus aim to quantify and even outline a legitimate content with finality, which aims at what as early as 2018 at the level of the Committee on International Trade was highlighted and expressed in the Report4 indicating blockchain technology as a policy and business practice of the future that seems to have already caught up with us. This paper proposes a statistical study that reflects the integration of the concepts of blockchain technology and smart contracts into the knowledge of legal-administrative practice in Romania.

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