Husovec, M.; Mesarčík, M.; Andraško, J.: Právo informačných a komunikačných technológií
Book review on a monograph concerning Slovak ICT law
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Book review on a monograph concerning Slovak ICT law
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Short summaries of current case law in the field of ICT law.
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With a continuous advance of technological development, we can observe their gradual introduction into the legal proceedings and court rooms where they fulfil different judge supporting roles. The extent to which this role can be expanded is not only technological, but legal question as well. The basic legal framework for any advances in judicial decision making is set mostly by the right to a fair trial. This right is then the primary focus of the work, analysing the impact of automation on the timeliness of proceedings, and access to a court. With the analysis of im- partiality and bias this work introduces technical aspects of these issues, following up with the analysis of the right to a public hearing and the remaining collection of fair trial rights. In the last category, the right to a reasoned judgement is to focal point. Jointly, these aspects represent the right to a fair trial and any form of technological advancement in this field must be compliant with it.
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The study addresses the question of illicit weapons proliferation and many diverse control measures undertaken to counteract it in Nigeria. It further explores the reasons why Nigeria has become an appealing target for illicit weapons in the West African sub-region. Given the ease of in-flows and out-flows of illicit arms within the borders of the Nigerian State, this study contends that Nigeria’s firearms law is outdated and insufficient, especially as seen from the perspective of the Protocol to the arms trade agreement that is in force, and even in the light of the dynamics of security issues in the 21st century. The study demonstrates that the growing proliferation of illicit weapons in Nigeria has had economic, humanitarian and socio-political consequences. Therefore, it concludes that all the regional containment measures, from ECOWAS to weapons trading agreements, have not decreased the proliferation of illicit arms in Nigeria and that the Nigeria’s Firearms Act is outdated and unsuitable for the security needs of the Nigerian state, notwithstanding the problems faced by the security dynamics of the 21st century.
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The paper lists the major projects of international financial organizations in Bosnia and Herzegovina (BiH) after signing the Dayton Peace Agreement to explore the role of international financial organizations in post-Dayton BiH. It discusses the specific contribution and the role of these organizations in functioning of BiH, including financial assistance, credit means, various funds and projects, which have been supposed to lead to the stable functioning of BiH after the signing of the Dayton Peace Agreement. The paper explains the role and attentiveness of the Monetary Board in BiH with a focus on its impact on implementation of the international projects. The research question is: “From which sources did the largest funds in BiH come in the period from 1996 to 2020 and how were they related to GDP?”. The paper is based on publicly available data from international financial institutions and the Ministry of Civil Affairs of BiH. The results show that about 71.45 billion dollars entered BiH from international financial institutions through donations, grants, loans, and other various types of assistance. But the funded projects did not have the same priorities every year and in every area. In addition, international funds were used to finance numerous projects aimed at economic recovery and economic development. In the last few years, there has been a change in priorities, and significant funds have been directed to such projects as the judicial reform, institution building through strengthening the capacity of individual institutions, and the reform of particular areas and their approximation to the European Union standards.
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The aim of the paper is to present an analysis of the law-making independence of local self-government, particularly considering the constitutional aspect. The author seeks to demonstrate that individual units of local self-government have been directly equipped by the constitutional legislator with the right to define – within the limits specified in the provisions of the Constitution of the Republic of Poland – their internal structures, without the need to invoke authorizations included in ordinary acts as a legal basis. The article contributes to the discussion on the law-making independence of local self-government.
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The legal framework of the medical activity has evolved during the course of European law history together with the social and economic significance if these activities. In this paper, using predominantly the historical research method, we will examine some fundamental waypoints regarding the organization as legal persons of the institutions carrying out medical activities, which we generically call hospitals. Taking as a departure point the Roman era, we will discuss, using the modern optics in regard to the fundamental characteristics of a legal entity (own estate, discrete framework and specific purpose)the evolution of these legal persons with a medical purpose. Due to the limited extent of this paper, we will limit ourselves to the European legal space and to only a few of the significant evolutions in regard to the medical institutions with a legal personality.
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The study of the problem of defending the rights harmed by the authorities is an important one, but also current, because, in order to solve it, it is necessary to know the actions of people in such situations and to appreciate the efficiency of the administrative litigation mechanism. Such an assessment is possible only as a result of the analysis of concrete cases of injury to human rights by the authorities and of the ways in which such disputes are settled by the competent courts. This article discusses the analysis of a real case examined in the administrative court, based on which we intend to highlight the administrative activities of the public authority as the subject of the case and how a public authority can harm (people) rights recognized by law.
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Globally, FinTech has become a major issue in the face of which states have begun to better reflect their interests. To date, several states have signed dozens of FinTech Cooperation Agreements (CAs), which aim to promote closer cooperation in the field of FinTech but also to promote innovation in financial services. States interested in evolving in this area are focused on deepening bilateral and multilateral cooperation in the field of FinTech, in order to facilitate trade, investment and ecosystem development in the FinTech market sector. At the international level, the goal is to support the mutual establishment (between states) of FinTechs that want to expand globally to support the industry to navigate the evolution. Another aim of the FinTech treaties is to standardize information on emerging market trends and the exchange of experience in each jurisdiction. This includes collaborating on areas such as blockchain and distributed registry technology, digital identities, cross-border data connectivity, data portability, and the application of FinTech to promote sustainable funding. In the European Union, new financial technologies underline the goal already set out in the Treaty of Rome - to achieve a single capital market under the corollary of financial stability and security and consumer protection. This modern type of treaty continues the tradition of concluding trade agreements and supports the economic environment through local, regional and global opportunities arising from the digital boom that crosses borders, reshapes industries and transforms the region's economies. In front of these challenges, public international law manifests its regulatory function. For the realization of this article we used a prospective method and identification of some particularities that promote the coherence of the hypotheses.
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The terms bankruptcy and insolvency are construed in different ways, which has resulted in the emergence of discrepancies in their definitions. There is a noticeable division among researchers in terms of the referents of the concepts of bankruptcy and insolvency. Varying definitions of bankruptcy and insolvency are employed, depending on whether the perspective of the legal sphere or the economic sphere is adopted. In the article, the authors attempt to define these concepts and define the relations that exist between them. The aim is to show that the legal understanding of the terms bankruptcy and insolvency is subordinate to their meaning in the economic sciences. Due to the subject under analysis and the nature of the sources, this article employs the qualitative method, based on interpretative research. The interpretative research was conducted with the use of ethnographic research strategies based on legal acts and the achievements of the doctrine and judicature. The conducted research has shown that as a result of the development of bankruptcy law, the legal understanding of the concept of bankruptcy and insolvency has been subordinated to the meaning given to this concept in the economic sciences. This allows for the use of economic tools and dynamic interpretation, so that the decisions of bankruptcy courts are in line with the dynamically changing socio-economic reality.
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The objective of this paper is to reconstruct the meaning of term ‘economic criminal law’, which is imprecise but widespread in Polish legal culture. It also aims to compose an adequate definition of the concept denoted by this name. The author applied an array of methods: analysis of scholarly statements, historical and comparative analysis as well as the analysis of the law in force. The term ‘economic criminal law’ is a product of linguistic convention manifesting itself in legal discourse. In search of its meaning the author relied mainly on scrutiny of the wording of the discussed name. The content of this notion is composed of so-called economic offences. It was essential to determine common characteristics of such crimes. Having rejected so-called subjective conceptions and ideas referring to criminology and sociology, the author posited the object of a type of crime as the definition’s rudiment. A proper description of the common generic object of economic crimes assumes a compromise between vagueness and rigidity of lengthy enumerations. ‘Economic criminal law’ can be described as a peculiar division of substantive criminal law distinguished by legal theory and practice. It is composed of regulations that establish types of crime, which share a common main generic object of protection which (in a historical and cultural context) are relevant bases of proper trading both in internal, and in external aspects. These two dimensions represent relations between trading participants and institutions and rules of trading, respectively.
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Before talking about the structure of the public administration in Romania, we must consider the social and political environment of our country. Romania is a country with a democratic regime for more than 30 years, but which has been under the umbrella of communism for several decades. Communism meant a centralized, closed administrative and economic system.
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Defining a given concept by the legislator may result in consequences exceeding the scope of application of a single legal act. This is undoubtedly the case with the definition of a beneficiary, which was introduced by national legal provisions. On the one hand, it required taking into account concepts that were universal for the entire legal system. On the other hand, it was limited by the regulations that were applicable to the implementation of specific strategic goals set by individual operational programs. The indicated conditions should be taken into account in the process of interpreting the concept of an entity entitled to benefit from EU funds. At the same time, the legislative structure applied required taking into account claims presented by legal scholars and commentators and judicial decisions. The presented views on the definition of the concept of “beneficiary” used in the framework of the cohesion policy have primarily a descriptive aspect, but they are part of a broader scope of the normative concept of legal interpretation.
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This article addresses the issue of assessing the legal nature of various activities performed by musicians: participation in symphonic concerts, orchestra rehearsals and sectional rehearsals, as well as remaining in compulsory standby to replace another musician during a concert or rehearsal. A number of doubts concerning this issue emerged, which resulted in unstable interpretation of the provisions of the Copyright and Related Rights Act (in particular with regard to interpretation of the term “artistic performance”). Divergences in interpretations affected not only the civil law assessment of the presented issue, but also public law aspects (including the tax law assessment as to the possibility to apply increased, 50%, tax deductible costs). The research objective of this paper is to identify the framework of the disputed area resulting in discrepancies in interpretation and to present possibilities (and methods) of eliminating the interpretation dilemmas that have arisen. This concerns both irregularities in the interpretation of the provisions relating to the type (and results) of professional activity of classical musicians from the point of view of copyright protection and the subsequent tax-law assessment. The article uses the dogmatic-legal method.
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The article constitutes a comparative legal study of mediation based on for procedural regulations, i.e. Act of 6 June 1997: Code of Criminal Procedure, Act of 17 November 1964: Code of Civil Procedure, Act of 14 June 1960: Code of Administrative Procedure, and Act of 30 August 2002: Law on the Proceedings before Administrative Courts carried out with the use of a dogmatic method. The author analyses the solutions that, in his opinion, make it possible to propose a thesis on far-reaching convergence of the basic, and at the same time of normative provenance, principles of mediation. The principles include amicability, voluntariness (optionality), commonness, loyalty to parties, confidentiality and non-openness of mediation, as well as a mediator’s impartiality. The above-mentioned convergence does not mean complete homogeneity of particular solutions or their non-defectiveness, which is exemplified by Article 2591 CPC and Article 83 § 4 CAP. It is also shown that the domestic solutions are in conformity with the solutions recommended by the Committee of Ministers of the Council of Europe.
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