Hasil untuk "Law of Europe"

Evan W. Anderson, L. Hansen, T. Sargent

A. Winfield, K. Michael, J. Pitt et al.

The so-called fourth industrial revolution and its economic and societal implications are no longer solely an academic concern, but a matter for political as well as public debate. Characterized as the convergence of robotics, AI, autonomous systems and information technology – or cyberphysical systems – the fourth industrial revolution was the focus of the World Economic Forum, at Davos, in 2016 [1] . Also in 2016 the US White House initiated a series of public workshops on artificial intelligence (AI) and the creation of an interagency working group, and the European Parliament Committee for Legal Affairs published a draft report with recommendations to the Commission on Civil Law Rules on Robotics.

Dr. sc. Emir SUDŽUKA, Franjo Dragičević, Dr.sc.Kata Senjak

Načelo povjerenja u zemljišne knjige jedno je od najznačajnijih načela zemljišnoknjižnog prava u Bosni i Hercegovini. Ipak, u praksi se pojavljuju određena sporna pitanja kada se radi o raspolaganju nekretninom koja je upisana kao vlasništvo samo jednog od bračnih partnera. U skladu s važećim zakonodavstvom i praksom, notar u postupku notarske obrade ugovora o prometu nekretnina utvrđuje pravnu osnovu stjecanja nekretnine od strane prodavca/založnog dužnika, poklonodavca (zavisno od vrste raspolaganja), te utvrđuje da li je nekretnina bračna stečevina npr. prodavca kod ugovora o prodaji nekretnine, u svrhu pribavljanja suglasnosti bračnoga partnera za raspolaganje nekretninom koja je, možebitno, bračna stečevina. Ipak, u praksi se pojavljuje nekoliko spornih pitanja u kontekstu suprotstavljenosti načela povjerenja u zemljišne knjige i rizika za kupca, da možda bračni partner, koji nije upisan kao suvlasnik osporava predmetni pravni posao u parničnom postupku. Navedena situacija može zasigurno dovesti u nezavidnu poziciju kako ugovorne strane iz pravnoga posla, tako i notara koji vrši notarsku obradu ugovora po zahtjevu stranaka. U ovom radu bit će prikazan pregled otvorenih pitanja utvrđivanja bračne stečevine u postupku notarske obrade ugovora o prometu nekretnina, te pregled zakonodavstva i relevantne sudske prakse u Bosni i Hercegovini.

Małgorzata Kozak

In the rise of authoritarian trends in Hungary and in Poland, public broadcasters play a crucial role in supporting the political forces in power. There are many examples which show how public broadcasters influence public opinion by selective coverage and distorted remit. While the problem of media plurality is often commented upon from the perspective of fundamental rights or the rule of law, another relevant perspective is that of internal market and economic law. The article analyses how can one make sure that the use of public funds to support State media does not lead to the distortion of citizens’ rights to be informed. The article argues that the current EU State Aid framework allows the balance of Member States’ prerogatives in respect to media freedom and content with the risk of EU-imposed censure. The article analyses the place of media pluralism in EU law and demonstrates that media pluralism has been integrated within the internal market framework, including an analysis of recent amendments to the Audiovisual Media Services Directive. Then, it focuses on the relationship between media pluralism, public service broadcasting and EU State aid law.

Mara Morini

In literature it has been widely debated that domestic politics and international relations are often somehow entangled to the extent that it is quite difficult “whether domestic politics really determines international relations, or the reverse” (Putnam 1988:423). In this respect, the study of the Russian invasion in Ukraine can offer an opportunity to better understand the relationship between domestic and external factors that have determined Vladimir Putin’s choice to attack the Ukrainian territory. So far, studies have interpreted “Putin’war” as a nostalgic choice based on the will to restore former imperial glories to unify the Russian peoples denying, at the same time, the Ukranians’ right to live in an independent State (Kuzio 2022; Zaporozhchenko 2024). Other scholars argued that the Russian invasion was mainly the effect to the Western policies – especially the NATO enlargement – perceived as a security threat by the Kremlin (Maersheimer 2014). What it is still missing in literature is an analysis, which combine the main domestic reasons - i.e. Putin’s personality and ideology, the institutional design, the legacies of the historical and cultural traditions – as well as the role played by the external factors (NATO, EU, the US) in determining Russia’s reaction against Ukraine. Consequently, this article aims at describing the main reasons why Putin decided to attack Ukraine and challenge the West trying to analyze both the domestic situation and the international environment, which constitutes the political background of the Russian war. Such an approach will allow a wider overview of the multiple factors – domestic and international –, which provoked the war bearing in mind that some of the findings in this study should be seen as suggestive rather than conclusive. Keywords: Putinism, Ukraine, Russian Foreign Policy, Eurasia

Bogdan Lesiv

A realistic approach to common law is one of the most authoritative views on the role and potential of judges in law-making. American judge Oliver Wendell Holmes, Jr. was a mastermind of legal realism and held a very special position among his fellows. Conventionally, legal realism is considered a progressive and innovative movement of the late XIX and the first half of the XX centuries. However, as this study demonstrates in several respects, some of its proponents can be labelled conservatives who defended their view of the traditional approach of judge-made law. Realists inspired by Holmes countered the formalist trends within common law, which was initially and historically alien to them (e.g. Langdellism). The formalist methodology and its results were often reminiscent of the Reception of Roman Law, which ancient common law rejected. Not surprisingly, it was highly criticized as an imposition of artificially invented legal ideals on a particular society regardless of its real-life experience. Based on Holmes’s original writings and their credible interpretations, this survey aims to explore his anti-formalist approach within a broader context of its theoretical origins. It reveals the historical and legal roots of the ‘realism formalism’ antagonism in the common law, reflecting, as a result, the global contrast of two civilizational approaches to legal epistemology (common law v. civil law). Case-based conceptual legal thinking typical for common law is considered through the lens of Holmes’s findings on the process of gradual formation of legal principles. Realistic aspiration to ensure that law reflects the actual demands of the community is explained as a claim for real democracy as opposed to the formal one. A refreshing contextual view of Holmes’s teachings may unfold for a continental reader the possibility of treating the modern concept of deliberative democracy and models of constitutional interpretation, such as the living constitution or popular constitutionalism, from the perspective of a realistic approach.

Elisabeth Toulouse, Christophe Masseguin, Brigitte Lafont et al.

Since 1988, France has been committed to drafting laws regulating clinical research. These laws must both reflect general legal standards relating to personal data protection and patient information and comply with EU regulations, which are supra-national norms. The 2012 legislation known as "Jardé law" came into force in 2016 and distinguishes between 3 different types of research involving human subjects: category 1:interventional research implying an intervention on the patient which is not justified by their usual treatment. Category 2: interventional research, which does not focus on medicinal products and only entails minimal risks and constraints. Category 3: non-interventional research implying one or multiple acts or proceedings devoid of listed risks. These studies require preliminary favourable opinions from the French Ethical Research Committees (CPP), who are appointed by the State, and must ensure the protection of personal data. For the other types of studies (retrospective data, practice surveys), French legislation only requires that the protection of personal data is ensured. However, it is highly recommended to submit these studies to an Institutional Review Board (IRB) in order to confirm that human subjects are not involved and to obtain an ethical opinion in the event of a scientific journal submission. These laws are constantly evolving in order to comply with the various international recommendations and European regulations, which are binding in France.

Lando Kirchmair

With the promulgation of the Autonomous Driving Act in summer 2021, Germany took the worldwide lead on regulating self-driving cars. This Article discusses the (non-)regulation of moral dilemmas in this act. To this end, it clarifies the role of the so-called trolley problem, which influenced the report of the German Ethics Commission that paved the way for this act in particular and the relationship between philosophical reasoning, empirical studies, and the law in general. By introducing the international legal community to the (non-)regulation of moral dilemmas in the German act, the Article critically reviews the German goal, which is to serve as a European and international role model. This will be preceded by a discussion as to why self-driving cars should be allowed as well as the moral dilemmas they cause which should be regulated by the law.

Adeleke Adegbami, Charles I. N. Uche

Even though globalization has made countries across the world more connected than ever, there are still controversies over its benefits regarding socio-economic development and good governance in developing countries. Against this backdrop, the study investigates the link between globalization and governance in Nigeria. This is with a view to determining the implications of globalization on the governance of Nigeria. The study, which relies heavily on secondary data, shows that the country’s political authority has been depleted in order to conform to global trends. Globalization has affected the quality of bureaucratic governance, puts pressure on governance on whether to open up or restrict the economy, and exacerbated the unequal distribution of incomes because of the relative differences in the mobility of labor and capital. The study further revealed that globalization triggered the unregulated use of the internet and exposed people to illicit activities. It also contributed to the transmission of diseases, including HIV/AIDS, the Ebola virus and COVID-19. Globalization also encouraged multinationals to access Nigeria, thereby adding to environmental pollution, climate change, food insecurity, and health-related challenges, especially, as a result of oil exploration. These activities have continued to disrupt the people’s means of livelihood, and consequently provoked political and social agitation and engendered secessionist groups, threatening the unity and existence of the country. The study, therefore, concludes that globalization has caused more damage than good to Nigeria’s political and socio-economic activities.

René Kreichauf

In the aftermath of large refugee arrivals in 2015, EU regulations and national asylum laws were tightened, especially those regarding reception and accommodation. The current contribution introduces the concept of “campization” to explain the impact of law and policy changes on the socio-spatial configuration and functions of refugee accommodation in European capital regions. Based on qualitative research concerning case studies for Athens, Berlin, and Copenhagen, I argue that refugee accommodation has increasingly been transformed into large, camp-like structures with lowered living standards and a closed character. This is shown by the structural, functional, and socio-spatial characteristics of the accommodation in the three case studies, as well as the political and administrative objectives that determine the campization of accommodation. The contribution lastly highlights changing notions and forms of containment, exclusion, and temporality as part of campization, and links this process to current trends in asylum and urban development.

B. Goodman, S. Flaxman

Juan Luis López-Aranguren

The Indo-Pacific is becoming the new geopolitical axis of the planet for multiple reasons, among which three stand out: security (with six nuclear powers in the area, some of them amidst clearly growing tensions), demography (with 64 percent of the world population) and economy (with 62 percent of world GDP). Since its founding, the European Union has been absent in the development of a strategy for the region, an absence that has recently ended with the publication of national strategies of three member states (France, Germany, and the Netherlands), as well such as the EU announcement of a future EU strategy for the region. This paradigm shift may mark the beginning not only of greater European cohesion in terms of strategic projection, but also of greater European geopolitical assertiveness in a post-COVID-19 world in the Indo-Pacific and other regions. This article will trace the birth and evolution of the Indo-Pacific concept, will identify the reasons for its geostrategic importance for the European Union, and will analyze both the three national strategies of France, Germany, and the Netherlands as well as the announced EU strategy for the region. Received: 01 September 2021 Accepted: 05 November 2021

Yevhenii Tkachenko, Dakhova Iryna, Zoriana Zazuliak

This note is focused on the problems of ensuring the rights of national minorities and indigenous peoples in Ukraine. These issues are considered in accordance with theoretical approaches in the social sciences, as well as the practice of protecting the rights of national minorities and indigenous peoples in Ukraine. Court decisions on discrimination against the rights of these vulnerable groups are analysed. The research is aimed at the scientific search for ways to improve the legal regulation of national-ethnic relations to ensure the rights of national minorities and groups. In accordance with a comprehensive theoretical and practical approach, an analysis of Ukrainian legislation and case-law on the protection of the rights of national minorities and indigenous people is given. Problems of ensuring the rights of national minorities and indigenous peoples are revealed. Some promising legislative improvements are proposed to eliminate violations and ensure the rights of these groups.

Boryana Gotsova

Five years after the Dublin transfers of asylum seekers to Greece were halted—due to recurrent failings in the detention conditions, living conditions, and asylum procedure—the European Commission recommended a resumption of the practice. This Article analyzes the Recommendation in light of the human rights reports preceding and following it. The examination reveals that the renewal of systematic transfers would be premature, posing serious risks to the rights of asylum seekers under European and EU law. The restoration of a flawed system for distribution of asylum claims among the Member States—without fundamental reforms towards greater solidarity—may lead to a repetition of past mistakes. Despite the paramount importance of the Dublin system for the functioning of the Schengen Area, rule enforcement should not supersede human rights protection.

Federica Velli

(Series Information) European Papers - A Journal on Law and Integration, 2019 4(3), 881-894 | European Forum Insight of 9 December 2019 | (Table of Contents) I. Introduction. - II. Cross-border data transfers in the GDPR. - III. The regime under GATS: MFN, NT and market access vs. adequacy decisions. - III.1. GATS, MFN, NT and market access obligations. - III.2. Justifications. - IV. How do bilateral FTAs address trade and privacy interests? - IV.1. Examples from EUKOR, CETA and EU-Japan FTA. - IV.2. Provisions on Cross-border Data Flows and the Protection of Personal Data and Privacy (2018). - V. Conclusions. | (Abstract) The rapid technological developments and the increasing data flows have not yet been addressed through global coordination. The WTO has so far played a minor role, failing to update its treaties to the new reality of digital trade. To reduce the uncertainty as to the economic and privacy-related impacts of cross-border data flows, governments as well as the European Union have started including this topic and data protection concerns in Free Trade Agreements. This Insight will first investigate how the General Data Protection Regulation rules on the transfer of personal data might conflict with GATS' main commitments, and then consider how the EU has addressed data protection in the context of Free Trade Agreements.

Caterina Mariotti

(Series Information) European Papers - A Journal on Law and Integration, 2016 1(3), 1153-1170 | European Forum Insight of 22 December 2016 | (Table of Contents) I. Introduction - II. The Judgment in Context - II.1. Theory and Practice of Market-Based Environmental Regulation - II.2 Emissions Trading in the EU - III. The DK Recycling Case - III.1 Background - III.2. DK Recycling before the General Court - III.3. DK Recycling before the Court of Justice - IV. A Parallel Between DK Recycling and the Regulatory Shift to Auctioning: The Normative Landscape of Allowance Allocation - V. DK Recycling, Allowance Allocation and Theoretical Constructions of the EU ETS. | (Abstract) In its judgment of 22 June 2016, DK Recycling und Roheisen GmbH v. Commission, the Court of Justice ruled on an appeal brought by a German undertaking operating installations subject to the European Union Emissions Trading System (EU ETS), i.e. a "carbon market" where operators trade greenhouse gas emission allowances. At issue in the case were the rules on free allocation of emission allowances. After putting the case in context by providing an overview of the normative framework of the mechanism, the present analysis examines how the case contributes to the understanding of the theoretical implications of the EU ETS.

The paper analyses the current legislation within the UK and Europe with respect to trade mark law. A number of legal journals and case reports provide the bulk of research material, with use of direct judicial quotes and key opinions of journal authors providing the framework for research into the state of current trade mark law. The historical functions of trade marks dating back nearly a century are still relevant today, with concepts recognised and enshrined by both domestic UK and European Union courts. Trade marks work as a badge of origin and, by extension, allow similar products to be differentiated. They act as a guarantee of quality and an ambassador for the generation and preservation of goodwill that has been generated within a given trade mark. Gaining a trade mark confers a near monopoly on its use and the legislation provides mechanisms to protect and recognise this. A trade mark allows businesses to build identity, quality and reputation into the core essence and branding of their products. A diverse quantity of ideas and concepts are capable of representation graphically, in both conventional and abstract forms, allowing them to be trade marked. The resulting monopoly granted by the trade mark is of exceptional importance to businesses of all sizes, allowing them to benefit from the breadth of commercial functions that a trade mark can fulfil. Despite the law regularly playing catch-up to new technological advances, the courts are applying flexible and practical solutions to accommodate the developing needs of modern informational technology.

K. Haakonssen