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This concept is related to the „lawmaking as learning” theory. Constructing norms is based on the similarities noticed by the legislator. The state, as a learning organization, shows what behaviours should be imitated. The article deals with the theory in the development phase. It was indicated that further research is needed to the use of pedagogical achievements in relation to legal issues.
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The authors analyse the 2021 ruling by the Polish Supreme Court, which refused to acknowledge the right to live in a clean environment as a personal interest. The purpose of the paper is not only to evaluate the quality of the Supreme Court’s argumentation, but also to highlight the implicit prem- ises that were missing from the grounds of the decision. Based on these findings, the authors draw broader conclusions about the circumstances that increase the likelihood of pro-environmental (in- cluding pro-climate) court decisions and breakthroughs in interpretation. The authors use the latter term to describe the situation of challenging the previous, widely accepted interpretation of certain legal provisions, favouring a different interpretation that considers societal changes in values and beliefs. The authors evaluate the Supreme Court’s arguments and put forward the thesis that the construction of personal interests was not the primary reason for rejecting the recognition of the right to live in a clean environment as a new personal interest. The authors used two methods to search for the hidden premises of the Supreme Court’s resolution: (i) they examined the discourse supporting the rejection of the right to live in a clean environment as a personal interest, and (ii) they placed the resolution in its socio-political context. The authors identify four conditions that increase the likelihood of pro-environmental (and pro-climate) court judgments: (i) the condition of costs’ expediency, (ii) the condition of individualization of responsibility, (iii) the condition of respect for the judiciary and (iv) the condition of public support. The last two conditions apply to interpreta- tive breakthroughs in general, regardless of the subject matter.
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In July 2021, Regulation (EU) 2021/1119 of the European Parliament and of the Council onthe establishment of a framework for achieving climate neutrality entered into force. In thiscontext, it is therefore important to determine whether a conceptual category such as ‘climatelaw’ can indeed be distinguished in EU legislation and, if so, what is the meaning of this no-tion? To this end, the notion of ‘European climate law’ is analysed. The dogmatic-legal methodis primarily used as the research method in this study. A theoretical-legal method is also usedto highlight certain themes related to legal institutions. The research is narrowed down toselected normative acts that are part of the EU legislation – the provisions of normative actsrelated to the functioning of the EU are analysed. The main conclusions in the paper focus onthe application of the term ‘climate law’ in the selected EU regulations. This is juxtaposed withthe category of the legal system sensu stricto and sensu largo. The analysis carried out confirmsthe thesis that Regulation (EU) 2021/1119 of the European Parliament and of the Council of30 June 2021 on the establishment of a framework for achieving climate neutrality should beclassified as climate law sensu largo.
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The article deals with the institution of mediation in court and administrative proceedings,regulated by the provisions of the Law on Proceedings before Administrative Courts (LPA) of30 August 2002. According to the assumptions, mediation was supposed to streamline the pro-ceedings by facilitating the resolution of disputed issues emerging in a case subject to control byan administrative court. However, mediation has not found wider application. The article aimsto establish the reasons for the limited scale of the use of this institution, including the decreasein the number of mediations conducted before voivodeship administrative courts. The researchcovers the years 2004–2017, that is, the period when mediation was conducted by judges or courtreferendaries. The source material for the considerations presented in the article are new datafrom interviews with judges and court referendaries. The article presents the opinions of thesepeople on the reasons for the consistent decrease in the number of cases referred to mediation.The authors also rely on statistical data from the Supreme Administrative Court. The analysis isconducted from a sociological and legal perspective. The research presented in the article showsthat the reasons for the decrease in the number of cases referred to mediation in the years 2004–2017 can be explained on the basis of the theory of social role and the theory of rational choice.The conducted research complements the current state of knowledge on mediation in the LPA andallows us to identify further directions for the development of this procedural institution.
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The research presented in the article aims to assess the scope of the normative freedom of EUMember States when implementing non-conviction based confiscation. This study was based on thecase law of the Court of Justice of the European Union (CJEU) and the European Court of HumanRights (ECHR). The study shows that despite the broad discretion of the Member States resultingfrom the position of the CJEU, domestic regulation of this type of confiscation falls outside the scopeof EU law; the extensive jurisprudence of the ECHR sets quite precise boundaries concerning theconcept of confiscation without prior conviction. Thus, it limits the discretion of Member Statesin this regard, providing both safeguards for individuals and guidelines for national legislatorsthat intend to develop non-conviction based confiscation regimes in their domestic legal system.
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Report on the National Scientific Conference Medycyna i Prawo: pozasądowe metody rozwiązywania sporów dotyczących zdarzeń medycznych, Academy of Zamość, Zamość, 24 April 2023
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The main purpose of the article was to indicate the growing importance of the issue of determinants of the development of applications of generative artificial intelligence with particular attention to the issues of current and potential threats to this development and also the necessity of legal regulation of this development. On the one hand, the development of artificial intelligence is a kind of next stage of the ongoing technological progress, which has been taking place since the first industrial revolution, consisting in the increase in the scale of objectification of labor and automation of manufacturing processes. On the other hand, taking into account the ChatGPT, which is made available in open access on the Internet, this development of generative artificial intelligence also generates many risks related to the potentially rapid development of disinformation in social media, non-compliance with copyright, the decreasing possibility of identifying the authorship of works created by artificial intelligence, and the use of artificial intelligence by hackers and cybercriminals to create new cybercrime techniques, and so on. In this regard, it is necessary to regulate the development of applications of generative artificial intelligence technology, so that this development does not generate negative consequences and new categories of threats.
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Organising and conducting the attorney-at-law traineeship is one of the statutory tasks of the National Bar of Attorneys-at-Law that performs the constitutional function of having custody of the proper performance of the attorney-at-law profession within the limits of the public interest and for the protection thereof. Undertaking such a task is connected with incurring expenses and therefore collecting revenues from the annual fees for the traineeship paid by attorneys-at-law in the amount established by the Minister of Justice. The National Bar of Attorneys-at-Law is granted a statutory competency to issue internal acts within the bar influencing the regulations on financial management, inter alia: financing the attorney-at-law traineeship, as well as (on the territorial level) the regulations on settlements in individual cases concerning the traineeship fees reductions. Although conducting the attorney-at-law traineeship is a task of public nature, the entities of the National Bar of Attorneys-at-Law do not obtain public money for that purpose.
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Archives of justice administration represent an important and frequently used part of archival documents stored in the 4th department of the National Archives in Prague. In the so-called founding period of the Communist regime, this applies especially for the archives of the State Court in Prague, the State Prosecutor’s Office in Prague, the General Prosecutor’s Office in Prague, the Ministry of Justice of Czechoslovak Republic and the Administration of the Penitentiary Force. The paper clarifies the basic characteristics of these archives and compares it to the similar archives in Poland in context of the functioning of the originator and the adopted archival practise both in the Czech Republic and in Poland.
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The option of complete or partial deprivation of legal capacity, exercised almost as a rule for certain groups of persons with disabilities and standardized in the current legislation of Bosnia and Herzegovina, violates not just the fundamental principle of human rights protection, that of equality before the law, but also violates the principle of diversity as one of the key principles in the professional social work practice. In this regard, the legally prescribed obligation of the guardianship body to place under guardianship a person whose legal capacity has been completely or partially removed by a court decision and to appoint a guardian for this person puts professional social workers in a highly unenviable position, especially in the domain of ethics, namely the respect for innate human dignity and the principle of diversity. Following the above, the question arises: is there a way to respect both the principle of diversity and the value of human dignity in this particular case? Since the answer to this question is negative, this paper provides a comparative legal analysis of the relevant provisions of all three Family Laws in Bosnia and Herzegovina in order to see how, according to the legal powers and duties of the guardians of persons fully or partially deprived of legal capacity, the rights, interests and preferences of the wards are protected.
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The 'smoldering effect' of integration has inevitably resulted in widening the scope of matters in which the Member States of the European Union cooperate with each other. One such area is also the area of criminal matters, including the matter of mutual recognition on financial penalties. The aim of the article is systematically describe the specific regime for the recognition and enforcement of decisions on financial penalties under Council Framework Decision 2005/214/JHA. To this end, we analyze historical bases for an adoption of the regime on the territory of the European Communities; the current legal framework of the special regime at European Union level; the purpose and scope of Council Framework Decision 2005/214/JHA; the nature of the special regime; the transposed measure in the Slovak Republic and the nature of the decisions issued under Council Framework Decision 2005/214/JHA in terms of their extraterritorial effects. In particular, we performed textual analyses of relevant laws, legal literature and case-law of CJEU and ECtHR. Based on the synthesis of knowledge, the prospects for evolution of the special regime are assessed in conclusion.
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Gaius' inclusion of the figure of quasi-crime had a great impact on the subsequent conception of the glosadors and the natural law regarding civil liability; the difficulties in differentiating this figure from crime contributed to the subjective conception of responsibility, embodied in Napoleon's Civil Code. French doctrine and jurisprudence created an objective liability factor based on the risk of the fact of things. This did not happen in the same way in Colombia; Don Andrés Bello's code was not a copy of the French Code, its author took into account other sources and did not incorporate into the code a general rule of responsibility for the fact of things. In light of the historical account of the receipt of the factors for attribution of civil liability, it is impossible in Colombia to support the theory of risk in article 2356 CC col.
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The paper identifies and explores the solutions to certain underdeveloped and lacking legislative solutions and issues in the practice of the national data protection authority (CPDPA), which affect the aims of effective GDPR enforcement and transparency. On a broader level it contributes to the EDPB initiatives toward the harmonization of certain procedural provisions and overcoming the differences in the conduct of cross-border proceedings. Most of the research considerations are supported by a study of the case that received much public attention and involves the first administrative fine in Croatia. Arguments are provided toward prescribing time limits for the resolution of data protection administrative disputes and toward appropriate addressal of the closely related issues of publishing CPDPA rulings, with the concerns of their accessibility worked out through a comprehensive policy. This includes also the particular considerations on the corrective measures issued to public authorities, which cannot be fined, and on the underdeveloped fine-limitation rule for certain other public sector bodies. Public interest concerns should be closely examined in the assessment of communicating information on relevant data protection cases and CPDPA decisions, as well as the interrelation with the freedom of information requests. The publishing of non-anonymous final rulings should be recognized as a form of additional sanction and power of the data protection authority and as such further explored also at the EU level. In terms of more efficient CPDPA functioning it is argued that the prescribed time limits for issuing expert opinions are extended. At the same time resources should be utilized toward better inclusivity and accessibility of relevant information, primarily rulings, on its website.
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Who is the author of a work generated by AI? Can AI-generated works be protected by copyright law? This issue has attracted global attention. The vast majority of countries in the world have given a negative response to this question, but one Chinese court has given an affirmative answer, instead. Does this Chinese decision represent future thinking for the world in this area? It is necessary to investigate the reasons behind this decision, which are related to China's special interpretation of “human participation” and the criteria for judging originality. This judicial result was also related to China's current lack of a distinction between computer-assisted and AI-generated results. In the future, China may continue to uphold the existing determination; however, since China does not operate under case law, Chinese courts may still change their opinion. Moreover, China's choice may not have an impact on countries that are deeply influenced by natural law, but it may still impact some countries that are strongly influenced by utilitarianism.
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The article examines certain problems of legal regulation of preventing conflicts of interest in the activities of judges in Ukraine, ways to resolve it, and foreign experience of individual EU countries in this area. The methodology of scientific work is based on a system of methods of general scientific and special legal methods of cognition. The analysis of the concept of "conflict of interest" in the scientific literature, national and international legal documents, in the legislation of individual EU countries was carried out. The definition of "conflict of interest in the activities of judges" is proposed. It is argued that the public interest in the activities of judges is the public interest in ensuring that persons working in the judicial system exercise their powers and make decisions impartially, objectively and fairly. Attention is focused on the peculiarities of the application of the system of voluntary disclosure and registration by judges of a list of private interests regarding a conflict of interest. The principles, signs, types and features of the presence or absence of a conflict of interest in the activities of judges are revealed, their content is specified. The procedure for disclosing information about a conflict of interest in the activities of judges is indicated. Two ways of resolving a conflict of interest in the activities of judges are established, their problematic issues are disclosed. The types of responsibility of judges in cases of violation of legislation on conflict of interest are determined. Separate directions for improving the legal regulation of preventing and resolving conflicts of interest in the activities of judges are proposed, taking into account the positive experience of legal regulation of individual EU countries in this area.
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Digital assets play an increasingly important role in people's lives and are ever more often becoming the basis for launching business. The prospects that digital assets open for identifying new sources of profit are stimulating the intensive development of technologyoriented startups. However, despite the active spread of relations arising from digital assets, legal regulation in this area is only at the initial stage of development. The concept and legal nature of digital assets remain unclear at the legislative level in most countries of the world. In the legal doctrine, there are active discussions on the legal nature of digital assets, but it still has neither a clear definition of its essence nor a clear delineation of the objects covered by this concept. Such legal uncertainty makes it much more difficult to run a business based on the use of digital assets. Therefore, the aim of this study is, first, to define the concept and fields of emergence of technology-oriented startups and the types of digital assets used in their activities. Secondly, the article looks into the legal nature of digital assets and considers the possibility to recognize digital assets as a type of property. The recognition of digital assets as a special type of property allows applying to them provisions on the right to ownership, which guarantee the highest degree of protection and best ensure the interests of their owners.
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This article examines the recognition and compensation of non-material damage to legal entities by the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECHR). Both courts acknowledge the moral dimension of legal entities, addressing non-material damage that is inherently intertwined with these entities and challenging to quantify. While neither court provides a precise definition of non-material damage, this ambiguity enables adaptable interpretations tailored to specific cases. The absence of a comprehensive definition results in a lack of a singular criterion for determining compensation amounts, given the multifaceted nature of non-material damage encompassing subjective and objective elements. Legal entities primarily seek compensation for harm to goodwill and associated intellectual property issues, as well as the frustration stemming from prolonged legal proceedings. The divergence between the CJEU and ECHR becomes evident in the awarded compensation, with the latter typically granting amounts four times smaller. This discrepancy can be attributed to the CJEU's focus on economic competition-related claims involving substantial sums. Notably, the analysis of court decisions reveals an escalating trend in cases related to non-material damage compensation for legal entities, particularly since 2010.
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The use of digital technologies in administrative courts uses the legal systems of the European Union and the world to strengthen the ways of protecting human rights. This paper examines certain problems of legal regulation of the use of artificial intelligence technologies in administrative judicial procеdure. The methodology of this work is based on an interdisciplinary approach using comparative legal, dialectical and systemic methods. The main objective of this article is to determine the forms and directions, risks and benefits, prospects for the use of artificial intelligence in administrative judicial procеdure, taking into account foreign experience in legal regulation in this area. The concept of "artificial intelligence" is investigated. It is emphasized that the use of artificial intelligence technologies in administrative judicial procеdure is an acceptable use only of specialized intelligent systems that can work under human control. It is stated that when considering administrative cases in an administrative court of minor complexity, it is possible to use artificial intelligence technologies, which will be able to independently generalize and analyze legislation, judicial practice and be a recommendation for a judge when making a fair and lawful decision on the principles of the rule of law. It has been established that the use of artificial intelligence technologies in administrative proceedings provides opportunities for the effective implementation of the right to judicial protection, but can be used to take actions that are contrary to the rule of law, in particular regarding the violation of the right to a fair trial in administrative cases in administrative courts. The latter requires the improvement of legal regulation of the use of artificial intelligence technologies in administrative judicial procеdure using international principles and standards.
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Our intention in this study is to emphasise a few aspects relating to the need to support cyber education and to preventive goals, by informing people about the strategies in place at Union and/or national level, which reflect current realities, in relation to which each person, active entities and, last but not least, the authorities will have to act so as to identify early on any possible risks. We have also aimed to identify legislation that criminalises acts of cyber fraud, in which respect we have referred to certain articles in the criminal codes of several European countries. We consider that cyber education and legal education, regardless of the social level one belongs to, the social roles one takes on at a given time, and/or of age, are essential to setting the foundations for a cyber security culture.
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