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Both national constitutional courts in this short study have opened up their constitutional systems to European integration through their use of the principle of openness to European law. Although initially developed within the context of openness to international law as a constitutional principle in Germany, it was the CT which transformed this concept into one of openness to European law as a way of coping with the demands of the Europe Agreement before EU accession. Its further refinement of the principle and evident limits to its application in the interpretation of national constitutional and ordinary laws, based on the essential core of sovereignty, have been followed by the FCC in the Lisbon case. With the FCC's ruling in Honeywell being received by the CT in EU Regulation, the migration of this concept back and forth between systems evinces the continuing existence of a judicial dialogue between domestic constitutional courts in the face of ever deepening European integration. No doubt other concepts, originated and developed by the constitutional judiciaries in the new EU Member States, will also migrate in time to form part of the principles in older Member States.
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This article discusses the basic principles of the use of the polygraph in crime investigation, the scientific research in relation to the validity of the methods of using the polygraph, and their ability to distinguish between true and false statements. The essence of the procedure, its stages, as well as the types of tests and their purpose when using a polygraph in the public and private sectors in Israel are presented.
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The presented commentary concerns the judgment of the Provincial Administrative Court in Szczecin dated 27 January 2022, ref. no. II SA/Sz 1182/21, which is interesting both from the perspective of substantive administrative law and procedural administrative law. A party who applied for a care benefit due to resignation from employment or other remunerative work was not granted the benefit in administrative proceedings, so she appealed to the Provincial Administrative Court. The Court overturned the decision. It relied on a different interpretation of the negative premise (that is the applicant's right to an old age pension) than what the authorities and the applicant invoked. This ruling is important for administrative law. The court gave a pro-constitutional interpretation, departing from the literal wording of the provisions. Invoking the principle of equality before the law and social justice, it applied the negative premise in such a way that persons in a similar situation would not be financially disadvantaged, thus broadening the group of persons eligible for the benefit. Moreover, the principles of information and trust in public authority were applied in a practical and very beneficial way for the party. The author approves of the judgment under review, at the same time polemicising with the judical decisions in the presented issue.
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The work was created as a sublimation and a cross-section of the basic institutes of English criminal law. The first thing that needs to be defined is what is a crime or criminal offense in English law. In English law, unlike continental law, little influence on law came from the reception of Roman law and the works of legal theorists, and more arose from the activity of the courts. This does not mean that the philosophical approach is not at the core of criminal law. Common law consists of rules established on the basis of decisions of judges called precedents and applied before courts lower than those before which they are established. Legislation consists of the statutes or acts of Parliament and delegated legislation to another body by Parliament. This legislation is made up of statutes that are subject to the interpretation of judges and these interpretations are an integral part of the law until Parliament or a higher court itself questions such a judicial interpretation. The paper will discuss the basic institutes of general substantive criminal law. The paper is an analysis of the terms actus reus and mens rea including terms such as negligence, gross negligence, recklessness, intention and criteria for their distinction with respect to case law.
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In the content of the article, the author examined all the typical situations that the criminal investigation officer may face during the questioning of the suspect and the accused, in the case of investigating drug-related crimes. The research does not have a general character, but is focused on the complex of questions that need to be addressed to the suspect, the accused, depending on the nature of the criminal act committed. In the same way, the subject of non-verbal behavior is treated as an integral part of the hearing.
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In this paper, through the content analysis and comparative analysis, we explore selected case-law of the Court of the European Union which refers to the interpretation of Article 20 of the Treaty on the Functioning of the European Union. We are doing so in order to determine the extent to which the Court has contributed to realising the principle of the best interests of the child through the interpretation of the mentioned article when those interests were violated or threatened to be violated. The cases considered mostly refer to the issue of the right of residence of third-country nationals in a Member State of the European Union in situations in which those citizens have minor children who are nationals of a Member State and have the citizenship of the European organisation. The anthological Zambrano case is the backbone of this research, in which the Court mentions for the first time that Article 20 prevents a Member State to deny the right of residence to a third-country national upon whom their minor children, who are citizens of a Member State and have the EU citizenship, are dependent, and to refuse to grant a work permit to that third-country national, as this would deprive those children of the enjoyment of the substance of the rights belonging to them as citizens of the European organisation. Using the parameters set in Article 20 of the Treaty, we analyse the selected cases that followed the Zambrano case and make concluding remarks.
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With regard to the work of the High Court of Cassation and Justice (Complex for the resolution of a question of law), two decisions have been published concerning Law No 165/2013 on measures for the completion of the process of restitution, in kind or by equivalent, of properties wrongfully taken over during the communist regime in Romania; Framework Law No 153/2017 on the salaries of staff paid from public funds.
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National (civil) courts play a significant role in enforcing EU competition law as functional Union courts. This scientific article objective is to investigate the extent to which the European Commission is obligated to follow the decisions of national civil courts. The analysis requires an examination of the appropriate legal framework. As a result, in the first part of the paper, the European Commission obligation to take into account the decisions of the national courts from primary law perspective will be examined. Based on this, the second part explore the link between the European Commission and national courts from the standpoint of relevant secondary law. From the scientific methods we have used the analytical and descriptive method to analyse the current situation. By comparative method we introduce different views on the legal regulation. The presented topic has not been thoroughly examined in the literature on the subject thus far, giving the chance to identify avenues for future research.
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The Polish Personal Income Tax Law provides for a relatively extensive group of tax exemptions related to various benefits offered to doctoral students and academics. It also includes an exemption for scholarships and assistance grants referred to in Law 2.0, as well as scholarships received under programmes or projects aimed at implementing the current state scientific policy. The rule adopted is that the exemption applies as long as the rules for granting the scholarships and grants in question them have been approved by the minister in charge of higher education and science. The research objective adopted in the gloss is to verify the jurisprudential practice regarding the issue of the tax exemption in question. The analysis and evaluation have been performed also in the context of the guidelines and ideas behind the reform of higher education and science (regulations of the so-called Law 2.0). This gloss is a critical commentary. It makes use of dogmatic-legal and normative analysis.
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This paper aims to critically evaluate the jurisprudence of the Court of Justice of the EU regarding the interpretation of the term "place of the harmful event" in Article 7 Section 2 of the Brussels Ibis Regulation for disputes arising from the violation of personal rights and defamation on the internet. For this analysis and critical evaluation, mainly two judgments are used; judgments in the case of Mittelbayerischer Verlag and Gtflix TV, in which the Court of Justice of the EU widened the definition of the criterion centre of interests and confirmed the preservation of the so-called mosaic approach and the mere availability of harmful content on the territory of the forum. These two decisions are further placed in the context of conflict of law rules, the EU internal market and recognition and enforcement of foreign judgments.
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Short summaries of current case law in the field of ICT law.
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The article analyses the development of a right to compensation operating among individuals under EU law. In particular, the discussion focuses on a series of judgments of the European Court of Justice over a period of four decades, which culminated in the Court's findings in the seminal Courage (2001) and Manfredi (2006) judgments. These judgments show the emanation of a right to damages as a (somewhat) logical 'offshoot' of the more general principle of effectiveness of EU law, with the Court motivated by a willingness to introduce the principle of ubi ius ibi remedium as a rule of the EU's supranational legal order.
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U radu je analizirano ustavno preklapanje i pomešanost nadležnosti kojima su nakon sporazuma iz Mastrihta do stupanja na snagu Lisabonskog sporazuma raspolagale EZ i EU. Nejasna ili maglovita linija podele nadležnosti često je u praksi dovodila do sporova između organa EZ i EU što je kvalifikovano i kao potkradanje nadležnosti od strane EU, naročito kod regulisanja pojedinih pitanja iz zajedničke spoljne i bezbednosne politike (drugi strub) i sudske saradnje u krivičnim predmetima (treći stub). Stoga se pred Sudom pravde kao jedno od osnovnih, postavilo pitanje jasnog razgraničenja pomenutih nadležnosti radi očuvanja i zadržavanja postignutih komunitarnih tekovina (acquis communautaire). O stavu Suda autor piše komentarišući njegovu odluku u predmetu ECOWAS.
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Research background: Bankruptcy in court proceedings has been of interest to researchers for many years. Researchers look for internal and external factors which influence the effectiveness and efficiency of bankruptcy proceedings; for example, the impact of the country’s level of development on the efficiency of bankruptcy proceedings, a system of incentives for the active participation of creditors in bankruptcy proceedings to increase their recovery rate, and mechanisms which encourage the early filing of an application for bankruptcy. Against the background of the research to date, a research gap was identified in the scope of the impact of the bankruptcy (pro-debtor/pro-creditor) law model on the effectiveness of the calculated recovery rate for creditors. The research fills a cognitive gap in New Institutional Economics by examining formal institutions in action, i.e. whether bankruptcy law meets its objectives in practice.Purpose of the article: The aim of the article is to answer the question of which model answers the expectations of stakeholders – creditors who expect the highest possible rate of return. Poland is an example of a country where since 2016 there has been a change in the model of bankruptcy law from pro-creditor to pro-debtor.Methods: The authors of the article conducted constant monitoring of the effectiveness of bankruptcy law in Poland through the examination of bankruptcy proceedings filed in bankruptcy and restructuring courts. The research on the efficiency of bankruptcyproceedings was based on the analysis of files from bankruptcy proceedings conducted at the District Court in Warsaw. The analysis covered the period i) from 01.01.2004 to 31.12.2015 n=150 files of the pro-creditor model of bankruptcy proceedings and ii) from 01.01.2016 to 31.12.2019 n=66 files of the pro-debtor model of bankruptcy proceedings. The statistical analyses were conducted using IBM SPSS Statistics Program Version 26. The Kruskal–Wallis H non-parametric test was employed.Findings & Value added: The results of the research show that the new pro-debtor model of bankruptcy proceedings implemented in Poland after 31 December 2015 is less effective than the previous pro-creditor model of bankruptcy proceedings. In the pro-creditor model, creditors’ interests are managed more effectively. Practice shows that frequent changes in the law and model of bankruptcy law do not contribute to its effectiveness and efficiency. It seems that the stabilization of legal solutions is an important factor. The legal activity should be aimed at improving the solutions in force and their consolidation in the case law. Unfortunately, in Poland, entrepreneurs as well as citizens, due to its communist past, do not trust the legal system, formal institutions or other people (ESS 2020). For this reason, the pro-debtor model of bankruptcy proceedings may also have a negative impact on the development of Polish entrepreneurship in the future. To the best of our knowledge, no previous studies have made a comparison of the effectiveness of the pro-creditor and pro-debtor models of bankruptcy proceedings in a transition country such as Poland. Research data encompassing 16 years over the period of 2004–2019 used in the analysis is unprecedented in bankruptcy procedure studies in the post‑transition economies. Also, a set of indicators showing the effectiveness of bankruptcy proceedings employed in the research is unique.
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In some markets, there has been a spike in digitization. There may be changes in the market structure as a result of this, as well as an increase in the market strength of some huge digital enterprises. In light of this, the role of abuse control in digital markets is projected to grow in importance in the coming years. At the national and union levels, efforts are now being made to tighten abuse control on internet platforms. This thesis examines a number of topics relating to internet platform competition and market power, such as the criteria for determining market power of digital platforms and the method to follow in circumstances where the market tends to "tip" permanently in favor of a platform. Another question is whether the principles of Art. 102 TFEU appear sufficient in terms of market power in digital platforms.Central to this is the consideration that a special platform regulation, where dominant platform companies will be subject to additional obligations and stricter monitoring beyond Art. 102 TFEU could be a useful addition to the existing merger regulation.
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The section contains a selection of the most important decisions from the Romanian Courts. The decisions are selected and commented by authors. The emphasis of this section resides in the ability of each author to comment upon a relevant case-law and to comment upon the legal issue brought by the court. The decisions are summarized and grouped by law subjects. The decisions present the situation in question, the procedures, the arguments brought by the parties and the pronounced solutions. Each decision contains a short commentary relating to the legal issue analyzed by the court.
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The article discourses whether the bankruptcy receiver is a procedural substitute. Upon discussing different scholarly opinions, the supported opinion is that the receiver does not have the characteristics of a procedural substitute of the creditors or the debtor.
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