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The article focuses on the issue of cooperation between public administration bodies, which aims to improve the administration. Cooperation is primarily a legal obligation, to the extent specified in a substantive legal norm, and the cooperating body is obliged to take this action in the appropriate form. In the discussed legal orders – Polish and German – there are many forms and gradations of cooperation. The article discusses issues associated with the legal nature of participation acts, as well as the auxiliary nature of the proceedings before the body obliged to take a position. The issue of the participation of the parties to the main proceedings before the cooperating body and models of judicial review of the act of participation are discussed. The conclusion of the article boils down to the thesis that the legislator needs to rethink the model of cooperation in Polish law, but also to improve the practice of its application.
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The article analyses the process of defining the relevant market, with reference to digital entrepreneurs who operate on two-sided markets. The article presents a description of two-sided markets, including their basic features, such as network effect and price structure. These aspects are then analysed in the context of three factors of the relevant market: relevant product market, relevant geographic market, and temporal relevant market. The article leads to the conclusion that a temporal relevant market should be determined each time when considering online multiside markets. The article also analyses the so-called gatekeepers, that is entrepreneurs creating markets on which they also define the market conditions. Moreover, they do not always compete on the markets which they have created. In the case of gatekeepers, the article leads to the conclusion that the legal construction of abuse of market position should be sufficient; however, further regulation of gatekeepers may be necessary in the future.
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Basic aim of this study is analysis of the protection of biological diversity in protected natural territories under Directives 92/43/EEC and 2009/147/EC. These legal acts of the European Union are related to the protection of species of wild flora and fauna and natural habitats. The basic task of the study consists in consideration of the legal measures in this field under these directives in the context of their introduction in the Bulgarian legislation. The comparative law and formal-logical methods of scientific research are used. The result of study is related to formulation of general conclusions from considered legal regulation and suggestions for its improvement.
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The present article analyses the investments within the EU, but it does not necessarily refer to the investments made by investors in third party-countries in the EU, but especially to those belonging to the investors in the member countries. National Juridical norms are comparatively analysed, and they sometimes cover the fundamental norms of the EU, the protection and rights of the investors. In addition to this analysis, the present study also focuses on the measures programmatically adopted by the European structures in order to refresh the economy that was massively affected by the global health crisis caused by the Covid-19 pandemic, on the role of the research-development-innovation, and of the commercial relations with other states.
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The study is intended to provide a summary analysis of some of the most important proposals for the preparation of Community legal documents, which, in their view, will have a significant effect on the fate of judicial proceedings in all EU Member States. One of the most important documents concerns the Proposal of the European Parliament and of the Council establishing harmonized rules in the field of Artificial Intelligence. The proposed regulation is also considered by the authors as indispensable for the advantages but also in relation to the great risks that AI presents in the judicial processes. A particularly useful analysis is the one on the Proposal for a Regulation of the European Parliament and of the Council establishing a computerized communication system in civil and criminal judicial proceedings in cross-border cases. The analysis of the above-mentioned legal documents could not ignore, in the light of approaches to judicial developments in the EU, the existence of present documents on the taking of evidence and the communication of procedural documents in cross-border proceedings. The authors made an analysis of these documents (recommendations) highlighting some aspects regarding their application. The authors conclude that the new proposals and regulations of the Community institutions are likely to give a new impetus to the digitization process and to establish a coherent and effective legal framework to avoid the great risks that modern technologies pose to European citizens.
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Vienna Convention is one of the most important conventions on trade of goods. It is one of the unified conventions on transport of goods from a country to the other. This convention had a unification effect towards unifying the obligatory law in the entire world. It has directly influenced the international trade and the transport of goods as well as the relationships between countries on the trade and the transport. It had influenced a lot the interstate relationships related to the free market and the customs and their unification, especially those between neighboring states that aspire membership in various international organizations. Hence it has achieved to unify the civil law in the entire world which was not achieved by drafting a Civil Code in Europe even though it was an attempt. Vienna Convention has its structure which is divided into several articles that are part of most of the domestic legislations in the countries of Europe. The author using methods of comparison analysis, systemic analysis and the historical analysis tries to analyze the impact of Vienna convention in the Kosovo positive domestic legislation.
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The present paper analyses the evolution of entrepreneurship in former communist countries during their transition to a market economy, seeking to identify the rules, regulations and institutions that influenced this evolution. I start by exploring the theoretical link between regulations, transition, and entrepreneurship, concluding, based on existing literature, that there exists a “vicious circle” between the three elements, which are strongly interlinked. I then observe this relationship in practice, by focusing on the case of the former communist countries from Eastern Europe and Central Asia. I analyse the interplay between data on the intensity of business activity, and multiple measures of regulations relevant for entrepreneurship in the above-mentioned countries, carrying out comparisons and attempting to draw inferences on causality. I show that the quality of regulations matters for business success, and good rules such as the protection of private property, reduced bureaucracy, low tax rates, and the control of corruption are crucial for supporting entrepreneurship.
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Legal coherence and predictable decision-making are the cornerstones of Finnish administrative law. The aim of this research is to analyze the factors that make administrative decisions unpredictable in Finland today. Why is the challenge so significant for the authorities? The factor analysis revealed six main features affecting predictability in the legal regulation of Finnish public governance: the increasing use of soft law, the devolution of government, deregulation, the changing role of the individual, the blurring of the division between the public and the private sector and the influence of international and EU-law.
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U ovom radu, autor naglašava ograničenja i prepreke slobodnom kretanju radnika unutar Europske unije. Sloboda kretanja radnika utemeljena člankom 45. Ugovora o funkcioniranju Europske unije jedna je od temeljnih sloboda unutarnjeg tržišta čiji se osnovni princip najbolje ogleda u europskom zakonodavstvu i sudskoj praksi Europskog suda pravde i Suda Europske unije. Iako je sloboda kretanja radnika jedna od temeljnih sloboda u pravu Europske Unije, njena se realizacija u praksi još uvijek susreće s različitim spornim pitanjima,preprekama i ograničenjima. Država članica može građaninu Unije uskratiti pravo na ulazak ili boravak zbog razloga povezanih s javnim poretkom, javnom sigurnosti ili javnim zdravljem, a takve mjere moraju biti utemeljene na osobnom ponašanju pojedinca, čije ponašanje ozbiljno ugrožava određeni temeljni državni interes države članice. Unatoč velikom napretku koji je Europska unija postigla na ovom području, još uvijek postoje mnoge prepreke koje uglavnom vežemo uz socijalno osiguranje, oporezivanje te priznavanje diploma i stručnih kvalifikacija.
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The EU is a construction based upon international treaties which function as its very foundation. Therefore, all its competencies are derived from these founding treaties that are the result of the sovereign will of its member states. None provision of the treaties confers Competence-Competence to the Union. As the most crucial element of sovereignty the Competence-Competence is still placed in the member states. Beside this fact, the member states have the sovereign right to withdraw from the Union and the Lisbon Treaty provisions contain, for the first time, a prescribed formal withdrawal procedure. The EU also lacks of a common European nation that could be the democratic legitimation of a EU constitution. Because of that we can not speak of an existing EU constitution, but rather of pre-constitutional forms. Although there is much debate about the very same character of the EU, analyzing the Lisbon Treaty, we can reveal the significant intergovernmental character of the EU without an unconditional and absolute supremacy of the EU Law over national law of the member states, as it would be in a federation.
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The purpose of this paper is to show modus operandi of money laundering used in Bosnia and Herzegovina and in other parts of the world. From these examples, we can recognize the sectors and intermediaries through which the money is laundered, although the full scale of actual methods, intermediaries, and countries remain unknown. The techniques of money laundering are constantly changing, due to the fact that criminals use different ways to hide the illegal origin of the money, using the weaknesses of certain sectors within different countries. Additionally, what makes it even more difficult is the fact that money laundering as an activity is constantly evolving, while those laundering the money keep discovering new ways to avoid, not only the activities of law enforcement agencies in charge of money laundering prevention and investigation, but also the unison legislative and regulatory approach of governments and international community in prevention and investigation of money laundering.
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Disputes settlement arising from transactions with private-elements is complex issue that is particularly concerned with the theory of Private International Law. In addition to the conflict of laws, transactions with foreign element inevitably lead to conflicts of jurisdiction of the courts of various states in the settlement of disputes (conflict of jurisdictions). One of the basic principles of international relations is the principle of national sovereignty. Accordingly,each sovereign state could subjected to competencies of their bodies any cases before them, including those that are factually related to foreign countries. In doing so, the character and factual connections with foreign sovereignty are not essential. Such a concept of jurisdiction, states generally do not practice. For international business transactions, the way of resolving disputes is very important. Arbitration to settle disputes is one of the specificities of modern private legal relations with a foreign element. They are often used in practice. As an alternative means of dispute resolution in practice, arbitration is proved to be more efficient for the parties to the dispute, and this method of dispute resolution in contemporary private transactions are increasingly used in our legal system.
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The study deals with the reforms of the administrative judiciary in Hungary from the 1880s to the present day. The main part of the considerations is the analysis of the first Hungarian codification of administrative court proceedings – Act No. I of 2017 on administrative court proceedings, which is the result of only partially implemented intention of the legislator aimed at creating an administrative judiciary separate from the common judiciary, equipped with its own procedure and institutions. These plans have not been fully implemented to this day – judicial control of the administration (both before and now) has remained in the hands of common courts, and the 2017 Act retained the status of an act only partially independent of the Code of Civil Procedure, as in many the procedural law, the act refers to the provisions of the Code of Civil Procedure. Currently, judicial control of administration in Hungary is exercised by courts of two instances: in the first instance, they are adjudicated by either provincial courts by administrative chambers or, in cases provided for by law, by the Curia. The Curia adjudicates in second instance and on all matters of revision.
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The aim of the article is to present the basic assumptions of the reforms of the Polish administrative judiciary. The planned and implemented reforms concerned both the model of administrative judiciary system, as well as the model of adjudication and rules of procedure before administrative courts. The analysis of the implemented solutions, starting from the period of the Second Polish Republic, made it possible to formulate a thesis that the administrative judiciary was subject to evolutionary (developmental) reforms. The article mainly concerns systemic issues, as the creation of a separate, independent, two-instance administrative judiciary was a priority postulate for reforms initiated after Poland regained independence, which appeared in later reform proposals. As the analysis shows, this postulate was fully implemented after the entry into force of the Constitution of the Republic of Poland of 1997.
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Technology has necessitated and intensified changes in all spheres of human endeavors, including administering justice and ensuring human security. However, before the outbreak of the Covid-19, technological advancements have not significantly impacted the administration of justice and human security in Nigeria. The administration of justice and human security in Nigeria was manually operated with minimal or no digital input. In this regard, this study employs a doctrinal and non-doctrinal method in examining how has technology impacted on the administration of justice and human security during the Covid19 experience. The study uses an online questionnaire survey sent to 321 respondents (randomly selected) who reside in Nigeria. Analytical and descriptive methods were utilised in analysing data obtained. The study found that the outbreak of the covid19 in Nigeria has necessitated the use of technology in the administration of justice and human security. Although, some institutions in Nigeria are not effectively utilizing technological facilities in the administration of justice and human security, giving some inherent challenges. The study therefore concludes and recommends that, though the COVID-19 affected the smooth administration of justice and human security, it has led to the use of other faster and possible ways of administering justice and human security in Nigeria. In this regard, the Nigerian government needs to embrace and intensify technology in the administration of justice and human security.
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Jus est ars boni et aequi. When one thinks about the social phenomenon we now call the justice system, one will probably remember instantaneously this phrase. However, the concept has known hundreds of interpretations, bases on a proportionally larger number of values. These values have varied from society to society, from one age to another. If one excepts that such notions are constantly evolving, while preserving a rather solid core, than, in this day and age, one would expect to receive a clearer definition for the idea of justice, at least from the study of the modern schools of legal thought. The aim of this paper is to find the possible meanings that justice receives in today's European legal systems. It has been structured in three parts, meant to highlight and than harmonise the main plans of this research. The first section is dedicated to finding the main understandings of the notion of justice, as they are presented in the manuals of legal doctrine. The second section seeks the meanings of the same concept in the constitutional documents of 48 countries, pointing out the emerging patterns. The third and last section analysis the possible meanings of the notion if justice in the findings of the first two sections.
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This essay explores the extent to which Lawrence v. Texas provides constitutional support for same-sex marriage. The Introduction gives an overview of the paper, presents the relevant details in Lawrence, and points to the two defenses in favor of decriminalizing homosexual conduct in Lawrence: a fundamental right to privacy and equal protection. In §1, I make the caveat that a legitimate state interest or rational basis could be invoked to uphold the constitutionality of a statute even when that statute may questionably be opposed to the fundamental right to privacy or to unqualified equal protection. When such a legitimate state interest cannot be provided, the fundamental right to privacy, as construed in constitutional law, protects US citizens from both state and federal interference in their private lives. §2 analyzes the fundamental right to privacy, and whether its invocation in Lawrence can be extended to defend same-sex marriage. I argue there are two construals of the fundamental right to privacy, a spatial construal, protecting citizens against unwarranted searches and use of evidence obtained unlawfully, and a decisional construal, according to which privacy is conceived of as individual autonomy with respect to those decisions that affect the core of an individual's life, including decisions regarding intimate, enduring relationships. In §3 I argue that, on its decisional construal, the fundamental right to pr ivacy conceptualized in Lawrence not only can, but should be invoked in favor of same-sex marriage. §4 answers an objection according to which the individual's fundamental right to privacy provides constitutional support for at most private relationships, not for marriage. §5 answers an objection according to which the right to privacy constitutionally supports only civil partnerships, and not marriage.
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Drawing up marriage contracts in order to achieve the autonomy of the parties with regard to property relations in marriage in the period after the entry into force of the Austrian General Civil Code has become a common practice. A very detailed normative framework for the regulation of individual institutes of marital law left enough space to regulate property relations between spouses in accordance with their requirements and with the purpose of preserving the economic interests of the family and each partner. In the period in which a man took over the function of managing marital property, and the position of a married woman was marked by patterns of desirable behaviour, a number of property dispositions were recorded with the purpose of strengthening a woman’s position in society during marriage, but also securing her status in the case of termination of marriage. Guided by the idea of modernizing the social position of women in the period after the entry into force of the Austrian Civil Code, the basic purpose of this research is to determine the position of women in terms of property rights acquired on the basis of private legal documents. This refers to the institutes included in the content of marriage contracts preserved in the State Archives in Osijek and the effects of wills, which often contained marriage provisions, but also those wills whose creators often sought to provide property protection for poor women by establishing foundations. Available documents come from different legal areas of urban (Osijek) and rural (Baranja) areas, which makes them a valuable material for a comparative analysis of various issues, from applicable law to the effects of its application. Therefore, this research uses a legal-historical method and a comparison of the obtained results to try to determine the effects of marriage law and the impact of contractual dispositions on the economic and legal strengthening of the position of women in the society in the second half of the 19th century.
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