Hasil untuk "Law of Europe"

Ema Mikulová, Olexij Meteňkanyč

Who decides who we are – ourselves, or the society we are a part of? This was one of the questions posed by the organisers of the conference “Self-Determination and Autonomy: Interdisciplinary Perspectives” when they decided to hold this international academic event on 30 May 2025, under the auspices of the Faculty of Law at Comenius University Bratislava, as part of the APVV-23-0252 project “Self-Determination of Intersex, Transgender, and Non-Binary Persons”.

S.V. Korzun

The article comprehensively examines the formation and genesis of the conceptual and categorical apparatus of the state criminal and legal policy of countering cybercrimes. Given the growing global threat of cybercrime, the most effective are criminal means of combating it, which is why the clarification of the conceptual and categorical apparatus is extremely relevant. Having analyzed the scientific achievements of previous years, we have come to an understanding of the concepts of «cybercrime», «cybercrime» through the prism of multi-vectority, using various approaches, including considering international and national legislation. Special attention in the article is devoted to the identification of signs of cybercrimes and their classification, in particular, examples of classifications of various scientists are given. The types of cybercrimes contained in the Council of Europe Convention on Cybercrime are comprehensively characterized. Based on the processed material, our own approaches to the classification of cybercrime for the purposes of state criminal and legal policy, which has a multi-level nature, have been developed. Regarding the identified approaches to the classification, signs and content of cybercrime, certain positions have been highlighted regarding the consideration of these crimes: first, as a socially dangerous criminal act consisting in the manufacture, financing, use, sale, exchange and distribution of malicious software products; second, as a socially dangerous criminal act committed with the use of information and computer technologies. The presented study consists in the analysis of the conceptual and categorical apparatus of the state criminal law policy to combat cybercrime, which allowed to form a set of theoretical provisions and is the basis for the formation and implementation of the state criminal law policy to combat cybercrime.

Pär Cassel

The government of the People’s Republic of China has become known for guarding its international image jealously and often reacts against real or perceived slights against China with demands for an apology. Building on insights from the works of Robert Bickers, this article argues that the official Chinese insistence on the “politics of apology” can be traced back to late imperial China’s socialization into the world community under the treaty port system, when foreign powers often demanded that the Qing government perform various acts of repentance for missteps in its foreign relations.

Carlos Arturo Villagrán Sandoval

This Article analyzes the role played by international actors, indigenous peoples, and independent lawyers as guardians of democracy in a context where democratic backsliding, abusive judicial review, and institutional takeover has taken place. Using the Guatemalan 2023 electoral process as a case study, this Article sheds new light on authoritarian constitutional practices, evidenced through the judgments of the Guatemalan Constitutional Court and activities of its Criminal Prosecutor’s Office. This Article also considers how foreign governments, international organizations, indigenous peoples, and independent lawyers came to play a guardianship role in the face of the decline of core institutions of constitutional democracy. Techniques such as transnational sanctions, judicial challenges, diplomatic “shaming,” and protest movements were successful in upholding constitutional democracy by discouraging attempts by the courts and government officials to derail the transition of power and annul the electoral results. This Article analyzes how and why these techniques had an impact in the Guatemalan context and extracts lessons and insights, both positive and negative, for dealing with abusive constitutional practices in theory and in practice.

L. Thomas van Binsbergen, Marten C. Steketee, Milen G. Kebede et al.

Compliance with the GDPR privacy regulation places a significant burden on organisations regarding the handling of personal data. The perceived efforts and risks of complying with the GDPR further increase when data processing activities span across organisational boundaries, as is the case in both small-scale data sharing settings and in large-scale international data spaces. This paper addresses these concerns by proposing a case-generic method for automated normative reasoning that establishes legal arguments for the lawfulness of data processing activities. The arguments are established on the basis of case-specific legal qualifications made by privacy experts, bringing the human in the loop. The obtained expert system promotes transparency and accountability, remains adaptable to extended or altered interpretations of the GDPR, and integrates into novel or existing distributed data processing systems. This result is achieved by defining a formal ontology and semantics for automated normative reasoning based on an analysis of the purpose-limitation principle of the GDPR. The ontology and semantics are implemented in eFLINT, a domain-specific language for specifying and reasoning with norms. The XACML architecture standard, applicable to both access and usage control, is extended, demonstrating how GDPR-based normative reasoning can integrate into (existing, distributed) systems for data processing. The resulting system is designed and critically assessed in reference to requirements extracted from the GPDR.

Simon Chesterman

Artificial intelligence is reshaping science, society, and power. Yet many debates over its likely impact remain fixated on extremes: utopian visions of universal benefit and dystopian fears of existential doom, or an arms race between the U.S. and China, or the Global North and Global South. What's missing is a serious conversation about distribution - who gains, who loses, and who decides. The global AI landscape is increasingly defined not just by geopolitical divides, but by the deepening imbalance between public governance and private control. As governments struggle to keep up, power is consolidating in the hands of a few tech firms whose influence now rivals that of states. If the twentieth century saw the rise of international institutions, the twenty-first may be witnessing their eclipse - replaced not by a new world order, but by a digital oligarchy. This essay explores what that shift means for international law, global equity, and the future of democratic oversight in an age of silicon sovereignty.

Sheng Wang, Muhammad Maladoh Bah

European countries are ambitious in both the net-zero transition and offshore energy resource development. The Irish and UK governments announced their commitments to offshore wind capacities - 37 and 125 GW, respectively, in 2050, more than two times higher than their projected power demands. While other continental countries, such as Germany, are calling for cleaner fuel resources. Exporting surplus offshore green hydrogen and bridging supply and demand could be pivotal in carbon emission mitigation for Europe. Yet, the potentials of these Island countries, are usually underestimated. This paper developed a bottom-up method to investigate the role of offshore hydrogen from Ireland and the UK in the decarbonisation of the entire Europe. We evaluate the future hydrogen/ammonia trading and the contributions of each country in carbon emission mitigation, considering their relative cost-competitiveness in offshore hydrogen production, domestic hourly power and gas system operation, and international shipping costs. Results indicate that the offshore green hydrogen could reduce 175.16 Mt/year of carbon dioxide emissions in Europe. The UK will be the largest hydrogen supplier from 2030 to 2040, while surpassed by Ireland in 2050, with 161 TWh of hydrogen exports to France and Spain. The offshore green hydrogen can contribute to 175.16 Mt of annual carbon dioxide emission reductions in total. This general flow of hydrogen from the West to the East not only facilitates Europe's net-zero progress, but also reshapes the energy supply structure and helps to ensure energy security across the European continent.

Heather J. Alexander, Jonathan A. Simon, Frédéric Pinard

The law draws a sharp distinction between objects and persons, and between two kinds of persons, the ''fictional'' kind (i.e. corporations), and the ''non-fictional'' kind (individual or ''natural'' persons). This paper will assess whether we maximize overall long-term legal coherence by (A) maintaining an object classification for all future AI systems, (B) creating fictional legal persons associated with suitably advanced, individuated AI systems (giving these fictional legal persons derogable rights and duties associated with certified groups of existing persons, potentially including free speech, contract rights, and standing to sue ''on behalf of'' the AI system), or (C) recognizing non-fictional legal personhood through legal identity for suitably advanced, individuated AI systems (recognizing them as entities meriting legal standing with non-derogable rights which for the human case include life, due process, habeas corpus, freedom from slavery, and freedom of conscience). We will clarify the meaning and implications of each option along the way, considering liability, copyright, family law, fundamental rights, civil rights, citizenship, and AI safety regulation. We will tentatively find that the non-fictional personhood approach may be best from a coherence perspective, for at least some advanced AI systems. An object approach may prove untenable for sufficiently humanoid advanced systems, though we suggest that it is adequate for currently existing systems as of 2025. While fictional personhood would resolve some coherence issues for future systems, it would create others and provide solutions that are neither durable nor fit for purpose. Finally, our review will suggest that ''hybrid'' approaches are likely to fail and lead to further incoherence: the choice between object, fictional person and non-fictional person is unavoidable.

F. Z. Borgesius

ABSTRACT Algorithmic decision-making and other types of artificial intelligence (AI) can be used to predict who will commit crime, who will be a good employee, who will default on a loan, etc. However, algorithmic decision-making can also threaten human rights, such as the right to non-discrimination. The paper evaluates current legal protection in Europe against discriminatory algorithmic decisions. The paper shows that non-discrimination law, in particular through the concept of indirect discrimination, prohibits many types of algorithmic discrimination. Data protection law could also help to defend people against discrimination. Proper enforcement of non-discrimination law and data protection law could help to protect people. However, the paper shows that both legal instruments have severe weaknesses when applied to artificial intelligence. The paper suggests how enforcement of current rules can be improved. The paper also explores whether additional rules are needed. The paper argues for sector-specific – rather than general – rules, and outlines an approach to regulate algorithmic decision-making.

Olga K. Logvinova, Galina P. Ivanova, Habibullah Pathan

Scientific interest in the problem considered in the article is due to the nation al policy aimed at improving the competitiveness of Russian higher education and, as a consequence, increasing the share of international postgraduate students, including those studying at Russian universities in English. The purpose of the study was to analyze and summarize the experience of designing and implementing the Course on Pedagogy of Higher Education for international postgraduate students, identifying its didactic features and considering the students’ educational request regarding this course. The authors analyzed scientific literature, summarized relevant pedagogical experience, and conducted a survey. The anonymous survey involved 124 course participants, including international postgraduate students from countries in Asia, Africa, South America and Europe, studying at the RUDN University in English-language educational programs in Philology, Economics, Law, Construction and Architecture, Ecology, Pedagogy, etc. It has been shown that the design and implementation features of the Course on Pedagogy of Higher Education are determined by both the specifics of the target audience (international postgraduate students with different socio-cultural and academic backgrounds) and the teaching conditions (using the English Medium Instruction (EMI) programs in the Russian-language educational environment). The results of the study suggest that the main factors determining the relevance and effectiveness of the course include the dynamism and interactivity of the learning process, practice-oriented and variable assignments, and the use of the potential of a multicultural environment. The e-learning Course on Pedagogy of Higher Education complements in-class teaching and provides flexibility of the learning process and its adaptation to the individual needs of postgraduate students. The current problems of mastering the course include the timely updating of didactic teaching aids in English, the arrangement of the postgraduates’ efficient independent work in the conditions of a limited number of hours, the choice of effective control/assessment procedures taking into account both the course participants’ socio-cultural and academic backgrounds and the specifics of the digital educational environment. The obtained results are of pedagogical interest and can serve as a basis for the development and improvement of curricula for relevant courses, teaching aids and materials within the framework of postgraduate education programs in English.

Andrea D'Angelo, Tiziana Catarci, Antinisca Di Marco et al.

This study aims to enrich and leverage data from the Informatics Europe Higher Education (IEHE) data portal to extract and analyze trends in female participation in Informatics across Europe. The research examines the proportion of female students, first-year enrollments, and degrees awarded to women in the field. The issue of low female participation in Informatics has long been recognized as a persistent challenge and remains a critical area of scholarly inquiry. Furthermore, existing literature indicates that socio-economic factors can unpredictably influence female participation, complicating efforts to address the gender gap. The analysis focuses on participation data from research universities at various academic levels, including Bachelors, Masters, and PhD programs, and seeks to uncover potential correlations between female participation and geographical or economic zones. The dataset was first enriched by integrating additional information, such as each country's GDP and relevant geographical data, sourced from various online repositories. Subsequently, the data was cleaned to ensure consistency and eliminate incomplete time series. A final set of complete time series was selected for further analysis. We then used the data collected from the internet to assign countries to different clusters. Specifically, we employed Economic Zone, Geographical Area, and GDP quartile to cluster countries and compare their temporal trends both within and between clusters. We analyze the results for each classification and derive conclusions based on the available data.

Costas Lapavitsas

In Locke’s philosophy money is ‘naturalised’ and thus ostensibly removed from political contestation. Locke has been criticised for marginalising monetary politics, and thus downplaying the conventional character of money that could potentially allow for democratic monetary reform. Drawing on Marx’s writings, this paper shows that money is indeed a social convention, but its inherent economic functioning restricts its susceptibility to political contestation. There are limits to the democratic reform of money in a capitalist economy that spring from money’s own nature.

Dong Quan Ngoc Nguyen

In this paper, we establish an explicit higher reciprocity law for the polynomial ring over a nonprincipal ultraproduct of finite fields. Such an ultraproduct can be taken over the same finite field, which allows to recover the classical higher reciprocity law for the polynomial ring $\mathbb{F}_q[t]$ over a finite field $\mathbb{F}_q$ that is due to Dedekind, Kühne, Artin, and Schmidt. On the other hand, when the ultraproduct is taken over finite fields of unbounded cardinalities, we obtain an explicit higher reciprocity law for the polynomial ring over an infinite field in both characteristics $0$ and $p >0$ for some prime $p$. We then use the higher reciprocity law to prove an analogue of the Grunwald--Wang theorem for such a polynomial ring in both characteristics $0$ and $p > 0$ for some prime $p$.

T. Beck, R. Levine

Jane G. Gravelle

Virginie. Guiraudon

Bruno De Witte

Editorial Note: Bruno De Witte, Emeritus Professor of European Union Law, Maastricht University, and part-time professor at the Robert Schuman Centre of the European University Institute, Florence Title:How Much Critical Distance in the Academic Study of European Law?

Maslova Olena

Maintaining prosecution in criminal cases in court is a specific function of the prosecutor, which is enshrined in both the Constitution of Ukraine and the provisions of the Criminal Procedure Code of Ukraine. This function should meet not only the objectives of criminal justice but also international standards in the field of criminal justice. Criminal proceedings are divided into public and private, depending on the type of socially dangerous act. And depending on the type of accusation, the functions of the prosecutor in the exercise of their powers are different. Thus, in cases of private prosecution, the participation of the victim is crucial, and his/her refusal to prosecute may be grounds for closing the criminal proceedings. This note related to the study of the innovative approach of the Supreme Court’s law enforcement practice shows the active role of the prosecutor in considering these categories of criminal cases in court. Methods: We thoroughly analysed the case-law of the Supreme Court of Ukraine, as well as the provisions of the Criminal Procedure Code of Ukraine and other legislative acts. We also generalised and studied the case-law of Ukrainian courts, as well as recommendations of the CoE and the doctrine of the criminal procedural law of Ukraine. Results and Conclusions: The authors drew several conclusions about various forms of private prosecution with their own specifics, which are manifested in the aspects mentioned in this note

Philipp C. Böttcher, Leonardo Rydin Gorjão, Christian Beck et al.

When Russia invaded Ukraine on the 24\textsuperscript{th} of February 2022, this led to many acts of solidarity with Ukraine, including support for its electricity system. Just 20 days after the invasion started, the Ukrainian and Moldovan power grids were synchronized to the Continental European power grid to provide stability to these grids. Here, we present an initial analysis of how this synchronization affected the statistics of the power grid frequency and cross-border flows of electric power within Continental Europe. We observe faster inter-area oscillations, an increase in fluctuations and changes in the cross-border flows in and out of Ukraine and surrounding countries as an effect of the synchronization with Continental Europe. Overall these changes are small such that the now connected system can be considered as stable as before the synchronization.

Alberto Martínez-Ortí, Sonia Adam, Giovanni Garippa et al.

Urogenital schistosomiasis has been present naturally in the South of Europe since the beginning of the 20 th century and nowadays its presence is also known, at least imported by Sub-Saharan emigrants and tourists, in France, Italy, Portugal and Spain. One of the intermediate hosts of this trematode present in Europe is the bulinid mollusc Bulinus truncatus, non-native species that can be reached to Europe by humans and birds. In order to know this mollusc better, we carried out a morpho-anatomical study, of the shell, the reproductive system, radula, the respiratory organs and pseudobranch of several populations from Italy, France and Spain. Spanish conchological material studied comes from different populations, from material deposited in the "Museo Nacional de Ciencias Naturales" of Madrid and the "Museu de Ci{è}ncies Naturals" of Barcelona, as well as from its own material deposited in the "Museu Valenci{à} d'Hist{ò}ria Natural" of Alginet (Valencia). The shell growth in captivity and the estimation of the population age of B. truncatus from El Ejido (Almer{í}a, Spain), has also been studied. Finally, the finding of aphallic and euphallic specimens in the different populations of southern Europe studied is presented and taxonomic and ecological data of the genus Bulinus are shown.