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Copyright protection, the cornerstone of intellectual property rights in the modern legal landscape, is likely to be subject to unique considerations and challenges when viewed through the prism of the European and Islamic legal systems. In addition, rapid advances in AI technology further complicate the legal framework of copyright in the context of European case-law and Islamic jurisprudence. This article explores, ab initio, the complex interplay between copyright protection in the light of European and Islamic law, respectively the legal implications of AI on copyright, drawing on classic European and Islamic legal sources and, intrinsically, contemporary research. In the context of Islamic law, the fundamental principles of copyright are based on the broader Islamic legal framework, which emphasises justice, fairness, and the protection of intellectual creations. Islamic jurisprudence recognises the inherent value of intellectual endeavour and encourages the protection of creative works. In general, copyright protection, as an avatar of intellectual property, is acceptable under Islamic law due to the absence of any express statement to the contrary in the Quran or Sharia. On the other hand, the absence of explicit provisions for AI-generated content in traditional Islamic legal texts raises questions about the adaptability of Islamic law to the dynamic AI landscape. European legislation, on the other hand, has evolved to address copyright issues from an AI perspective through a combination of legislative initiatives and court rulings. Directive (EU) 2019/790 on copyright and related rights in the digital single market, in particular art. 17, sought to make online platforms liable for copyright infringement by introducing content filtering and licensing mechanisms. European courts have also been confronted with issues relating to AI-generated works, highlighting the need to strike a balance between the rights of creators and the potential of AI to contribute to the public domain. Therefore, this article also aims to analyse the convergences and divergences between Islamic and European legal perspectives on copyright in the context of AI, with a view to highlighting commonalities in terms of recognising the value of intellectual creations and the importance of encouraging innovation. At the same time, throughout the article, the differences between legal mechanisms will be discussed, with European law taking a more proactive regulatory approach and Islamic law relying on general principles that may need to be adapted to meet the challenges posed by AI and its growing trend. [ABSTRACT FROM AUTHOR]

Council Regulation (EU) 2019/1111, recently entered into force, brought significant progress for EU Member States in the specific area of international child abductions. In the context of freedom of movement within the European Union guaranteed by art. 21 TFEU, there is an ever-increasing number of transnational families, and an equally increasing risk of international child abductions when these families break up. Strongly supporting the general principle according to which an abducted child shall promptly be returned to the state of habitual residence, Council Regulation (EU) 2019/1111 narrows the application of the most frequently encountered exception to this principle, namely the "grave risk" exception. The purpose of the article is to analyse the child protection measures ensuring the application of the principle of prompt return, even when a serious risk is associated with the return of the child to the state of habitual residence. Hence, the objectives of the present study are to identify the progress from private international law to EU law, and also the way in which the relevant EU regulations - Council Regulation (EC) 2201/2003 and Council Regulation (EU) 2019/1111 - have constantly evolved in relation to protection measures, intended to remove from application the serious risk defense. Moreover, as these protective measures are not indicated even by the actual Council Regulation (EU) 2019/1111, the article will further examine the most significant procedural and substantive aspects, as they arise from legislation in force and the case-law of the courts in Member States. [ABSTRACT FROM AUTHOR]

This paper explores the complex interaction between AI and customs procedures, aiming to uncover the legal ramifications associated with the integration of AI technologies in this field. With the rapid advancement of AI, customs authorities worldwide are increasingly adopting automated systems to improve the efficiency, accuracy, and security of cross-border trade operations. However, as AI systems take on significant roles in decision-making processes traditionally overseen by humans, concerns regarding legality, accountability, and transparency become prominent. Through a thorough examination of existing legal frameworks, international agreements, and relevant case law related to AI implementation in customs procedures, this research conducts a comprehensive analysis. It seeks to shed light on the evolving legal landscape surrounding AI in customs operations through a comparative study of various regulatory approaches and interpretations. [ABSTRACT FROM AUTHOR]

In Romanian civil procedural law, since the regulation of unfair terms, there have been several changes regarding the remedy of second appeal in respect of claims based on the provisions of Law no. 193/2000 on unfair terms in contracts concluded between professionals and consumers. Without distinguishing between claims brought by natural persons or other bodies recognised by law as having standing in such disputes, the extraordinary remedy of second appeal is currently restricted to unfair terms. In the course of this paper we aim to identify whether this measure is in line with European law on unfair terms and whether the measure is appropriate at national level in relation to the aims pursued by the European and national legislator when enacting legislation protecting the consumer. Also, we will analyse from a teleological point of view the regulatory changes and we will also study the way in which other European countries legislate in this area. Thus, at national level, it is necessary to identify what the legislator had in mind when taking this measure, both with regard to consumers who are natural persons and with regard to the bodies to which the law grants legal standing in such cases. Internationally, we believe that the identification of the policies adopted on the matter will be serious grounds for validating or invalidating domestic policy. Moreover, in this way we will identify whether other European citizens have more, less or equal opportunities to remove unfair terms from the practices of sellers or suppliers. [ABSTRACT FROM AUTHOR]

Granted automatically to anyone who holds the nationality of any EU country, European citizenship generates a variety of rights and benefits derived both from domestic and EU law. If the first ones may differ from country to country, the others are the same all over the EU countries, being enshrined in The Treaty on the Functioning of the European Union and the EU Charter of Fundamental Rights. It is exactly this multitude of rights that makes third States' citizens to aspire to EU citizenship and there are legal procedures that regulate such a demarch. Nevertheless, some problematic issues could occur on these occasions and sometimes the Court of Justice of the European Union is requested to intervene in order to solve these kind of situations, on the basis of preliminary rulings. The present paper intends to depict and analyse relevant case-law of the CJEU in this field, dealing, for instance, with topics like discrimination on grounds of nationality, derived right of residence of thirdcountry nationals who are family members of a Union citizen or loss of citizenship of the Union on account of loss of nationality of a Member State. [ABSTRACT FROM AUTHOR]

The standardisation of European law occurred in rapid steps in the last decades. However, there is no code or uniform regulation of commercial relations that occur between subjects with an address or seat on the territory of the European Union. Such a regulation could significantly increase the process of economic integration and the dynamics of commercial exchanges. There are several initiatives, but the development of a European business code represents a titanic task. In addition, any approach in this sense requires putting on the table the real needs, obstacles and possible and alternative solutions. Without claiming to be exhaustive, the present study aims to start a serious research with practical effects in order to identify the problems of such an approach and to find effective solutions in the face of real impediments. [ABSTRACT FROM AUTHOR]

The object of the analysed topic deals with the limits and incidence of the criterion of proportionality in taking, maintaining or terminating insurance measures, offering several procedural remedies. The purpose of the study is to determine some criteria of objectivity and predictability incident to the taking and maintaining of precautionary measures, in order to prevent the abuse of law and the blocking of the use of the patrimony of the person concerned, criteria offered in a set of guarantees of a procedural-criminal nature, the observance of which constitutes a result obligation for the judicial bodies issuing the measure. The author carries out an analysis of the legal content of the protective measures in Romanian criminal procedural law from the perspective of the principles of ensuring the preemption of substantive European law and ensuring European public order, fundamental principles in the European and national normative construction, seeing in this legal order a standard capable of guaranteeing the defense concrete and effective of the rights of the procedural participants, drawing objective boundaries between them, the purpose being to increase the confidence of litigants in the judicial act. [ABSTRACT FROM AUTHOR]

This paper aims to analyze, from an ethical and legal point of view, the way in which drones are implemented and used for video monitoring. As such, we will focus on how drones have changed the legal landscape regarding public monitoring by state actors in situations regarding public safety, administrative and judicial tasks, but also during special events. As such, the paper will evaluate the legal ramifications and instruments from EU and USA while comparing them to practices handled by the People’s Republic of China. Furthermore, we will consider the ethical use of drones in conducting state activities. We will scrutinize the methods used by state agents in handling their tasks with drones, by comparing legal systems, using secondary data analysis and by having descriptive and correlational quantitative research. The article also aims to identify if enough practice (administrative and legal) has been conducted to ensure that data protection has been safeguarded and whether interstate actions could pose a threat to the rule of law. In essence, we will interpret important case law from USA and Europe regarding the usage of cameras and other video monitoring devices, stationary and mobile, and also to figure out if its applicable to drones. If said legislation or legal practice exists and if not, we will spell out if its ethical or not. [ABSTRACT FROM AUTHOR]

The emergence of Artificial Intelligence (AI) is a topic still fresh and new to law scholars. The aim of the Regulation regarding artificial intelligence is to present a unified and harmonised core legislation, from which the EU Commission and member states to tackle the growing aspects concerning this new sector of economic market, social and administration. As it will be seen in the present article, the EU legislator is still fixed on the existing AI, known to us until now, governing strict rules as response to some countries in Asia having made use of facial, biometric and location recognition AI to control their people and also to award behavioural points and keep score of the „perfect citizen”. The draft Regulation is followed by an EU Commissions Directive regarding the liability of all aspects regarding AI development, usage and participants. But the core principles, neccesary for such a new matter are laid down in the present Regulation. The document is divided into chapters, addressing mainly the definitions of the main notions used, including one for artificial intelligence system, the types of AI that are considered inacceptable and major-risk in respect to fundamental rights and values of the EU, special regulations regarding transparency, registration of AI systems and the necessity to have a special European authority, baked by national authorities, in charge of validating the usage of AI systems. [ABSTRACT FROM AUTHOR]

The latest version of directive regarding markets in financial instruments, Directive 2014/65/EU of the European Parliament and of the Council of 15 may 2014, known as MiFID II, lists trading venuesin EU jurisdictions as the regulated markets, multilateral trading facilities (MTFs) and organised trading facilities (OTFs). The differences between these three trading places are laying down through European secondary legislation. European approach on markets do not follow the American model on trading markets: stock exchanges and alternative trading systems (ATS). Although the names differ, the essence has been preserved for alternative trading systems and multilateral trading facilities. Trading venues include regulated markets and multilateral trading facilities. Both trading places involve a multilateral system „which brings together or facilitates the bringing together of multiple third-party buying and selling interests in financial instruments”. In both cases the pairing of orders is done in a way that results in a contract. In both cases the orders are issued in respect of the financial instruments admitted to trading under markets rules which is authorised by competent authority (Financial Supervisory Authority, FSA). Both places are operated regularly and in accordance with national and European law. The difference between the types of trading places will be quantitative, not qualitative. MTF – multilateral trading facility, the alternative market – although it is not a regulated market in the strict sense, it looks very similar. Still, it differs from regulated market by the lack of regulated procedures for admission to the market, simplified authorization and more relaxed market operation. The difference is only about a level - missing or different - of regulation, not about the essence of the concepts. Fundamentally, although more relaxed, alternative markets create the same particular framework for the formation of legal acts and operations regarding the financial instruments accepted by the system (market). [ABSTRACT FROM AUTHOR]

The general nature of legal regulation, the specificity of the legal language, the dynamics of purposefulness of the law, the internal contradictions of the legal system, the gaps of law are justify the need to interpret the legal regulation. European law is a supranational law system, an aspect which is setting it apart from both domestic and international law. The issue of implementing, interpreting and applying a mandatory legislative system in no less than 27 states with major linguistic and cultural differences is a complex one in terms of the language used. By this study we aim to highlight the significance of linguistic differences in the interpretation and application of the European law. [ABSTRACT FROM AUTHOR]

By reference to the legislation in the field of classified information protection, public authorities and institutions may issue typical, unclassified administrative acts, but also atypical administrative acts, classified as state or service secret, according to their content. Of course, the protection of this act must not be other than that established by law, and no superior interest can be invoked contrary to the interest of the law to protect the content, so as to prejudice in rights even persons who may have rights and obligations they spring from that act (the jurisprudence on the payment of the military's daily allowance in the theaters of operations and the fact that a dry administrative act was not brought to their attention). The classified administrative act carries rights and obligations for persons who cannot always be easily identified, and their mere concealment for the stated purpose of protecting their content cannot be imputed to them, as they do not have access to the content of the administrative act in Cause. The classified contract is another kind of administrative act, but in this case a change of law is required ferenda, in the sense that the mere existence of the title "classified contract" allows misinterpretation contrary to the status granted by law: "any contract under which classified information is circulated". For this situation, which does not comply with European standards on the right to good administration and the right of access to one's own file, the remedy is provided by European and national legislation requiring prudent allocation of classified level, so as not to harm the legitimate interest of individuals or legal person. [ABSTRACT FROM AUTHOR]

Meeting general interest needs has always been a concern of public authorities. The performance of the activity, both in the public and in the private sector was challenged to continuous adjustment in order to meet social needs and to provide certain services. On this occasion, on first sight, public medical services stood out as important from the rest of the public services, due to the fact that the concern of the authorities for the protection of public health was globally highlighted in the foreground. From this point of view, it is all the more necessary to have a coherent legal framework to regulate in an unitary way the general legal regime of public services, as there is a tendency to digitize public administration. Therefore, we are urged by the regulation of public services in the Administrative Code to analyze the legislator's perspective on this matter. At the same time, the states are concerned to transpose European normative acts, acts with binding legal force, into the national legislation. In this respect, this paperwork will be focused on certain public services, by way of a case study, namely it will analyze the way of transposing the European legislation on road transport into our national legislation. Finally, we will draw the conclusion that emerges from the documentation of the proposed topic. [ABSTRACT FROM AUTHOR]

Among the numerous issues and wishes that mankind faces in general, the fundamental rights and duties of an individual hold a major place. The inclusion of citizens' rights and liberties among the most important issues represents not only the result of their great importance but also of their tight connection with the cardinal problems of the world. The concern with the promotion and guarding of citizens' rights and liberties have gone beyond the traditional limits and borders, as a result of the historical evolution of humanity, especially after WWII, in the attempt to put an end to exploitation, violence, racism, national discrimination and inequality between people. As far legislation is concerned, there are both international and national laws regarding the fundamental rights, liberties and duties. The achievement of the best correlation between these two categories involve the guarantee of citizens' rights at the levels required by the international laws, which proves to be difficult to put in practice if we take into account the great economic, social and cultural diversity of the world states. The progressive evolution of the constitutional principle and of that of equality depend on the very social reality to which it is supposedly applied; its efficiency will provide the best results only to the extent to which equality becomes the criterion for perfection. [ABSTRACT FROM AUTHOR]

European law lays down a diversity of rules for undertakings for collective investment which operate on the principle of risk-spreading. First tier of legislation regards undertakings for collective investment in transferable securities (UCITS) which are tailored for low-risk appetite (Directive 2009/65/EC of the European Parliament and of the Council on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities). Such undertakings provide a way of investing money alongside other investors in transferable securities or in other liquid financial assets. UCITS distributes units or shares which are, at the request of holders, repurchased or redeemed, directly or indirectly, out of those undertakings' assets. Such UCITSs may be constituted in accordance with contract law (as common funds managed by management companies) or statute (as investment companies). Second tier of legislation regarding collective investment comprises alternative investment funds (AIFs), with a large rage of juridical forms and repurchasing options. A specific type of AIF is European venture capital fund (EuVECA). European law reserves designation 'EuVECA' in relation to the marketing of venture capital funds in the Union. Qualifying venture capital fund with qualifying investments are established for the delimitation of these entities (EuVECA). [Regulation (EU) no. 345/2013 of the European Parliament and of the Council on European venture capital funds]. [ABSTRACT FROM AUTHOR]

Moral rights have a long history of being left aside, or even ignored altogether, in comparison to their patrimonial counterparts in copyright law. The purpose of this paper is to analyze the legal framework of moral rights, both in national copyright law and international law, with an emphasis on EU regulations (or, rather, lack thereof). We will present possible reasons why EU law has avoided this subject until now, with both advantages and disadvantages of this evasive approach. We will continue with suggestions de lege ferenda which could bridge the gap between national and international regulations, with EU law in between. [ABSTRACT FROM AUTHOR]

The chosen topic, through its novelty in the field of international judicial cooperation in criminal matters, presents both theoretical and practical importance through the procedural-criminal implications it determines. The author analyzes both synthetically and analytically the functionality of the institution of the European investigation order, determining its content, application limits and subjects involved in the criminal trial report, highlighting the aspects of non-correlation of the objective with the intended purpose. The conclusions materialized in proposals to complete and improve the existing legislative framework, represented by Law no. 236/2017. [ABSTRACT FROM AUTHOR]

The present research is aiming to demonstrate the conditions under which robots can have civil law reports, whilst focusing on analysing national, as well as european law. The main purpose is highlighting that AI subjects may be conferred with capacity of exercise and utilisation capacity. The "pedestal" on which we propose building this "conceptual caryatid" will be law itself. The adduced demonstration shall imply various methods, like logical, historical, comparative and qualitative (interview). Conclusions of the article will capture the importance of carrying out a legal relationship between human and AI subjects. The present study can also be useful for further development of legislation in this field, for research, as well as for different doctrinal approaches. As a result, our investigation aims coming handy to a large number of practicians and professionals: from early apprentices to the late experts of the field -- teachers, lawyers, magistrates, legislators and others. The novelty of the study recalls bringing legislation, which is insufficient at the moment, into line with the reality of this technical fenomenon, that is typical nowadays, and finding a balance between the two "worlds" -- that of AI and that of norms. [ABSTRACT FROM AUTHOR]

Establishing a transparent institutional system, immune to corruption and designed to serve the citizen is the foundation of good governance, in which action becomes deficient just by simply complying with the law. The complexity of the environments in which public administration operates and the stimulations that influence it, the limitation of public administration resources, increased competition and especially technological progress are essentials for a manner of working and functioning that ensures results based on efficiency and performance. In order to improve the quality of public action, good training and improvement of civil servants is required in relation to these standards so that they can act in harmony with the requirements of good administration. [ABSTRACT FROM AUTHOR]

Data protection in the robotics and drone age must be included for an overhaul as technology evolves and offers new ways that could make current laws obsolete. This paper focuses on showcasing weak points in data protection laws that are generally seen in states such as the ones that comprise the European Union or in the United States of America, which could also be seen in other states, while also analyzing some solutions that have been implemented. To identify the key issues, the paper will take into account major incidents that took place regarding breaches of data privacy, while also trying to distinguish how international law is applicable. Drones come equipped with different types of equipment that must comply with different sets of rules and regulations, but can hardware alone prevent breaches of data protection or should operators and manufacturers be liable for these breaches? Furthermore, the issue at hand should also be covered with regards to a growing segment of drones that come equipped with artificial intelligence. Notwithstanding, the paper will analyze if counter-drone systems could help mitigate data protection breaches or rather if they generate an extra issue that lawmakers and manufacturers have to handle. [ABSTRACT FROM AUTHOR]

The paper intends to highlight the complex influences that are inherent to the interaction of the European law and domestic law, from the perspective of the constitutional review. Constitutional adjudication is one of the most effective instruments of the rule of law, but usually the reference norm is the national Basic Law. Nevertheless, as a Member State of the European Union, Romania has recognized the guiding principles developed by the Court of Justice of the European Union Democratic in its case law, namely the direct effect and the precedence of European law in case of inconsistency of domestic law. Thus, under certain conditions, the Constitutional Court of Romania had to extend the reference norms in order to take into consideration the European law, as well. Hence, one of the consequences of Romania's accession to the European Union was that certain norms of European Union law became a reference tool for exercising constitutional review through the glass of Article 148 of the Romanian Basic Law which enshrines the prevalence of the founding treaties of the European Union and of other binding Community (European) regulations over contrary provisions of national law. Furthermore, CJEU-s case law gained an important place in the reasoning of the Romanian Constitutional Court-s decisions. Last, but not least, the paper will present the interaction of the two fore mentioned courts in relation with the preliminary rulings rendered by CJEU in accordance with Article 267 of the Treaty on the Functioning of the European Union. [ABSTRACT FROM AUTHOR]

Public companies in the EU should, starting from 1 January 2020, mandatorily prepare their financial statements in accordance with the European Single Electronic Format (ESEF). As an EU Member State, we are obliged to comply with the European law which requires, effective from that date, listed companies to report their financial statements in the European Single Electronic Format (ESEF). This article will attempt to define risks in auditing the annual financial statements presented in electronic format. [ABSTRACT FROM AUTHOR]

The Circular economy has as its main center of interest the efficiency in the use of resources and the reduction of waste production, which constitute a considerable potential, as useful resources to achieve energy. The present study is based on Bacco LTD, a leader company of Made in Sicily in the field of production and the artisan transformation of pistachio. According to European Law, the company operates in implementing a new thermovalorization plant to manage Pistachio Shell (PS) recovery, resulting in the production cycle from the beginning to, its disposal of solid PS wastes. With a complete processing plant for the thermovalorization, it is possible to reuse the recyclable PSs giving to this food waste an alternative destination for indoor use. Within the Green Economy perspectives in preserving the environment, the present research may possible energy savings making ambitious commitments to reduce emissions. [ABSTRACT FROM AUTHOR]

Copyright of Conference Proceedings from the Conference Days of Family Law of the Law Faculty, Dzemal Bijedic University of Mostar / Zbornik Radova sa Konferencije 'Dani Porodicnog Prava' Pravnog fakulteta Univerziteta 'Džemal Bijedic' u Mostaru is the property of University of Dzemal Bijedic, Law Faculty and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper aims to analyze the structure and evolution of the criminal norm in the context of various existing legal systems at the global level, showing both the similarities and the differences between these systems. Thus, in the context of increasingly prominent globalization and unification of legal systems, there is some reticence registered within states in relation with the "modernization" and uniformity of the criminal norm. Therefore, a comparative presentation of criminal norms in certain representative legal systems, namely China for the Asian legal system, the United States of America for the North American legal system, Lebanon for the Islamic law system, and Italy for the European law system, is desirable. Also, the paper shall highlight the historical evolution of criminal norms as well as their development according to the existing cultural valences in each region. Moreover, this paper provides an overview of the development of criminal law in different legal systems and underlines the social and cultural factors as well as the space and time matters that customize the legislation of each state subject to analysis. [ABSTRACT FROM AUTHOR]

The Law is made of concepts. Each legal concept contains a bottom layer and preceding philosophic synonym. Each word has its meaning, as a sign which represents an axiom. For this reason, traditionally, legal sciences are averse to polysemy. Therefore, 'adoption' of embryos and 'donation of embryos' are entirely distinct concepts. Moreover, nowadays medically assisted procreation procedures are an answer to numerous issues that touch the lives of an uncountable number of families. However, at the pace that these procedures develop the law has to follow the new realities which science has present to us. The eternal purpose of MAP's is the creation of life. It seems undeniable. The trial that consciously we intent to held relies on surplus embryos — a life already created. In the embryonic stage, a highly vulnerable moment. It is indeed, a trial with ethical, scientific, legal, religious and even philosophic claims. In light of this adoption of embryos and donation of embryos are different classifications for the same reality. We oppose one and agree with the other. The conceptual terminology that we choose comes from the recognition and valuation of life in its embryonic stage. We even consider that it comes from naturally valuing life, in whatever stage that it might be. The vulnerability comes in different stages of human life. However, in this case, it seems to extend, not exclusively but also, to the classification that is being wrongly applied, concerning the acceptance of surplus embryos. With this article, we aim to attend the different European Laws to appraise which concepts are used, the reason for using those and not others, and evenly, interpret the impact on the consensus we desire to build considering the prenatal adoption. [ABSTRACT FROM AUTHOR]

When a person meets another one, sometimes has the strange feeling of “déjà vu”, thinking “I met this person before”. Psychology explains it as a path which is crossed between people. The same happens when people tries to predict the next friend they will meet. Which facts are most likely to lead to the connection? In the world of social networks, these are called nods. Each link shared among people is a line connecting them. In the computer world these graphs exist in an unlimited dimension, and artificial intelligence is calculating the importance of each edge, and distinguishing friends and enemies, important texts and insignificant publications, putting all the numbers together and creating a composite profile of the most likely “normal” person. That profile is used for advertising purposes but also is used to the electronic hunt for terrorists. This bring us to a central problem: Are the artificial intelligence, with the path and the algorithm, really making choices and choosing for us? Descartes said “I think. I am”, that’s the course of humanity. Now computers are flummoxing the way we see the concepts of thought, will and action. Are these concepts exclusives to the mankind? With a view to developments in robotics and artificial intelligence, the Committee on Legal Affairs deemed it time for the European Union to act in respect of the legal and ethical issues raised by these new technologies. To this end, the JURI Committee set up a working group in 2015 with the primary aim of drawing up “European” civil law rules in this area, leading to the 2017’s European Parliament’s resolution on European Civil Law Rules on Robotics. Developments in civil robotics and artificial intelligence also call for reflection on the big ethical questions they raise. In this regard, it is essential that the big ethical principles which will come to govern robotics and artificial intelligence develop in perfect harmony with Europe’s humanist values. In this article we will try to establish the link between human will and electronic will, not forgetting that the thousands of world’s leading computers, with billions of patterns and algorithms, will never replace the human perception of justice and fairness. [ABSTRACT FROM AUTHOR]

The right to mobility is one of the most important rights that form the core of the European union's passenger rights policy. However, the exercise of this right is unfortunately not equally and available to all persons. The right to transportation is not always easy to exercise for people with disabilities and people with reduced mobility. Enabling free movement and accessibility of public transport is necessary for inclusion of persons with disabilities and persons with reduced mobility in everyday life. Availability of public transport, accessibility of means of transport as well as the availability of necessary information are essential for the mobility of persons with disabilities and persons with reduced mobility. In general, a passenger as a weaker party to contract of carriage of passengers should definitely have adequate protection. Rules on passenger rights in the European Union have been adopted in all modes of transport (coach, rail, air, maritime and inland waterway) and the rights of persons with disabilities and persons with reduced mobility are specially regulated. However, there are some differences between the modes of transport. Existing transport certainly needs to be improved and appropriately regulated. This paper presents the rights of persons with disabilities and persons with reduced mobility and the obligations of carriers in the maritime and inland waterways transport. The provisions of the most important European sources of law are analysed as well as their application. A comparative analysis of the rules of other modes of transport will be presented. Addition solutions are proposed to provide better protection for people with disabilities and persons with reduced mobility in transport. [ABSTRACT FROM AUTHOR]

In this study our aim is to make a comparison between the refugee concept according to the Convention Relating to the Status of Refugees from 1951 and its Protocol from 1967 which represent the international approach and the refugee concept according to European Law (the EU Treaties, EU Directives, the Dublin Regulation). This parallel will present first of all the similarities between the international approach and the European approach such as: the definition of a refugee; the conditions required to obtain refugee status; the definition of the term injury; same request for international protection; same parameteres used to verify the existence of persecution; the conditions of cessation and the non refoulement principle. Second of all the we will present the differences between the international approach and the European approach. European law completes the Convention and introduces new principles such as: subsidiary protection; temporary protection; different degrees of protection offered to refugees; the term persectution is defined; the motivation behind persecution is defined; recognising as persecution also the acts toward gender and children. Furthermore the cessation clause and the exclusion clause are defined differently in European law in comparison to the definition given by the Convention Relating to the Status of Refugees from 1951 and its Protocol from 1967. Lastly we will conclude with a set of recommendations for both the Convention Relating to the Status of Refugees as well as for the European asylum system. [ABSTRACT FROM AUTHOR]

Sovereignty as a feature of state power, shall be expressed in terms of organizing and exercising, determining and resolving internal and external problems, freely and according to its will, without any interference, respecting the sovereignty of other states, as well as European and international law norms. The sovereignty of the people may remain a mere fiction, in the conditions in which the people, as a whole, does not become or is not aware of its complete and complex role as the sole sovereign owner of state power. The people assuming and exercising this role implies not only that it has the right to participate in government, which is in fact an essential aspect of democracy, but also the fundamental duty to achieve social, economic prosperity accompanied by cultural development to ensure the freedom it needs in order to fulfil its civic obligations and duties. From this point of view, the state has the aim of realizing the social expectations of the people, the requirements laid down by various groups or social categories in decisions for the exercise of state power. Rather controversial, the concept of sovereignty, from the perspective of its historical imposition and configuration, involves at least two connotations likely to cause an active and permanent controversy in specialized literature - a simple statement and a political and legal concept. [ABSTRACT FROM AUTHOR]

European Union Law had explicitly authorized the use of a double punishment (administrative and criminal) in the context of the fight against illegal conduct on the financial markets. Thus many facts and behaviours on the capital market have a double regulation, especially in the area of market abuse. For example, we have the misconduct of market manipulation punished with administrative (pecuniary) penalty and the market manipulation offense punished with criminal penalty. Criminal liability conditions are different from administrative liability but generating facts and behaviours are rigorously identical. Therefore acts of market manipulation are punished as misdemeanours (administrative procedure) when acts are committed without the form of guiltiness required by law to qualify them as offenses (criminal procedure). The question raised by European and Romanian regulations on financial market is the compatibility with or violation of the European Convention on Human Rights (ECHR). In order to ensure the integrity of markets and to enhance investor confidence in those markets, European law has created broad administrative offences, which punish the risk of harm to the market with severe, pecuniary and non-pecuniary penalties. Access to a subsequent court in administrative proceedings is an evasive guarantee that does not compensate the unfairness of the administrative procedure. ECHR case law concluded that market pressure and need for compliance in that field cannot prevail over international human rights obligations of States bound by the Convention (ECHR). [ABSTRACT FROM AUTHOR]

Consumer protection legal regulation has been undergoing a long-term development in the Czech Republic and is largely influenced by European legislative standards, as well as by the national law. Consumer contracts are specific type of obligational relationship where one of the parties (the consumer) enjoys increased legal protection. Mediation has not been a part of the Czech legal system for a long time, yet its use in practice is expanding. Recently, the entrepreneurs begun to include the mediation clauses in the consumer contracts, which on the one hand "force" the parties to an out-of-court dispute resolution, on the other hand, the mediation clauses may cause similar problems in the consumer area as the arbitration clauses. The article discusses the nature of these mediation clauses and the consequences to which such a clause may lead. This research was financially supported by the Czech Science Foundation (GAČR), grant no. 17-03490S. [ABSTRACT FROM AUTHOR]

The Romanian Civil Code entered into force in 2011 has stipulated, inter alia, a unified regulation of the private law, in line with the similar provisions of European law. Although it represents the common law in matters related to companies, the legal provisions governing in detail the companies are found in the Companies Law. Thus, these provisions lay down the types of companies, as well as their functioning and management. The joint stock company may be managed differently, either in the unitary system or the dualist management system. In the unitary system the management is ensured by one or more directors, thus forming a Board of Directors, with the possibility of delegating some management powers to the managers of the company. In the dualist system, the management has two levels of competence, namely the directorate and supervisory board, in which case there is a complete separation of control powers from the executive ones. However, regardless of the management form, the competences and the responsibility of those who control the day-to-day activity of the joint-stock company are regulated in detail by the law. The article aims to analyze, not exhaustively, relevant aspects in this matter, emphasizing their practical importance by referring also to decisions of the courts. [ABSTRACT FROM AUTHOR]

The legal order of the EU increasingly influences the domestic law of the individual member states of this supranational organization. Labour law is not an exemption, while it is considered to be a relatively independent branch of law in the legal system of the Czech Republic and of the other EU member states. Many member states, including the Czech Republic, have codified this area of law, i.e. the legal relations established through dependent work and the respective co-dependent relations are dealt with by a separate statute. According to Article 26 of the Charter of Fundamental Rights and Freedoms, anybody has the right to freely choose their employment or entrepreneurship and to make their living through work. To put this into practice, the Czech legal system has adopted binding legal treatment for both entrepreneurship and dependent work. The fundamental legal regulation of working relations is the Act No. 262/2006 Coll., the Labour Code, as amended. It is the essential legal regulation which cannot encompass all possible work relations and other similar relations on the labour market. There is a special legal treatment for officials of territorial self-administration units, the Act No. 312/2002 Coll., on the Officials of Territorial self-Administration Units, as amended, in addition to which the provisions of the Labour Code are used as subsidiary. The service relations of the officials of state administration and of policemen, soldiers or firemen are dealt with by separate legal regulations. Legal relations of state employees which perform state administration in administration offices as a service and the interconnected matters of organizational and personal character are dealt with by the Act No. 234/2014 Coll., on State Service, as amended, which became applicable on 1 January 2015. A number of relations between employers and employees in the area of public administration however, continues to be regulated by the Act No. 262/2012, Coll., the Labour Code, as amended. Based on the legal analysis and a subsequent comparison of legal regulations dealing with labour relations in general and with the labour relations of the officials of territorial self-administration units and the service relations of the officials of state administration, we necessarily conclude that the conditions of performing dependent work are different in many aspects, even though both the legal regulation of labour relations of the officials of territorial selfadministration units and the legal regulation of the service relations of the officials of state administration suppose the use of the general legal regulation of the Labour Code and the Civil Code, either based on the principle of subsidiarity or delegation. There are clear differences in the ways of filling work places, in the demands on qualification and other personal qualities for performing a particular job or having a certain employment/service position, and also on the ways of the termination of employment/service relations and so on. It is equally important to mention that herein is the intersection between private and public law, of which the principles of application are fundamentally different. [ABSTRACT FROM AUTHOR]

Elected by the European Parliament, the European Ombudsman aims to protect the rights and freedoms of individuals in their relations with the institutions, bodies or agencies of the European Union. A similar role is played by the ombudsmen guarding rights and freedoms of man and citizen, who operate at the level of individual EU Member States, including - since 1987 - in Poland. The objective of the study is to analyse and compare competences of the European Ombudsman and the Polish Ombudsman, which these bodies may exercise in case of maladministration of institutions, bodies and other administrative entities, respectively EU and national ones. On the basis of the conclusions drawn from such a comparison, it will also constitute an attempt to formulate de lege lata and de lege ferenda postulates concerning the powers of ombudsmen. The adopted methodology of work is based on the analysis of normative material of Polish and European law, using the dogmatic-legal and legal-comparative method. [ABSTRACT FROM AUTHOR]

Crisis management is closely related to the emergency event prevention, crisis reaction and after crisis prevention. Each country within its legislative frame has involved certainly higher competencies of Rescue system forces, Integrated system forces or firefighters who are mostly acting part of Integrated rescue system in Slovakia. Recently there is a negative trend in European cities connected to aggressive behaviour against firefighters disabling them to do their job. It was also observed and very well described that behaviour of both people and police under pressure of such a crisis situation as it was observed with a delay during the massive disaster in New Orleans. Paper deals with legal competences of rescue forces in order to be protected and to protect people in the area of natural or technology disaster and to maximize rescue efficiency. There were several incidents of misusing the power given to the responsible forces in contrast with more and more often the attacks of civil people against the rescue forces. No person has been accused from the criminal crime so far. The paper also deals with the current legal possibilities of rescue forces protection which remain unused, so far. [ABSTRACT FROM AUTHOR]

Undercover policing, or covert policing operations, is one of the law enforcement investigative activities, used only for serious crimes in case where all other operational methods are exhausted, given its cost and risk. Although a very specialized, highly sensitive and complex research area in policing, it has received little attention, nor is it sufficiently present as an issue in the scientific journals. The specific nature of this nonstandard police tactic is related with unique experience and stressors, multiple identity issues, high risk and maladaptive post symptoms found as consequences. These suggest the importance of a special safeguard team and process, where psychological interventions have significant role through all its operational phases. Another issue is the legitimacy of undercover operations and techniques, their legal framework and systematic placement. This paper will be focused on explaining the psychological aspects related to undercover policing, such as the specific psychological strain, the related stressors and required personality traits, as well as the specific psychological skills and services. The psychological input is important and recommended in order to maximize the effectiveness in all operation phases, neutralize the negative psychological effects and consequences and to ensure more secure re-integration in the current work contexts. [ABSTRACT FROM AUTHOR]

The creation of an area of freedom, security and justice represented an important project of building an Europe without frontiers where the citizens can enjoy the same rights, applied uniformly by the national courts, following the uniform interpretation thereof. The European law interpretation cohesion is ensured by the Court of Justice of the European Union by the mechanism of the preliminary procedure, which establishes cooperation between national courts of law and the European Court. [ABSTRACT FROM AUTHOR]

The right to privacy as one of the fundamental human rights represents wideranging concept which is expressed through four dimensions: protection of the private life, protection of the family life, protection of the home and protection of the correspondence. Accordingly, any unauthorized intrusion into the privacy of a person, means a violation of his personality, dignity and reputation. However, the right to privacy in contemporary national and international law is not determined in an absolute frame. Namely, it is allowed for public authority, on the grounds of pre-defined legal basis to intervene in the privacy of a person as a necessary measure for the interests of national and public security. The subject of this paper is to scrutinize the relationship among the right to privacy and national and public security protection trough the principles of legality, proportionality, subsidiarity and necessity. The paper consists of an introduction, three parts and a conclusion. It begins by presenting the theoretical definitions of the right to privacy. In the first part the legal framework and judicial practice for the right to privacy in European law is analysed, while in the second part the legal and institutional framework for the right to privacy in the Republic of Macedonia is considered. The third part includes an empirical data on the right to privacy, published by the competent authorities, as well as certain assessments and recommendations regarding that empirical data. [ABSTRACT FROM AUTHOR]

This paper combines elements of general theory of law, elements of comparative law and European Union law. Currently, we are seeing some fascinating challenges for the rights and freedoms in the European Union. Creating a united Europe raises a delicate problem - compatibility of national values and those of the European Union. Unfortunately, the twenty-eight national identities are threatened by this process so that we wonder, on the other hand, if the peoples of Europe are prepared to give up elements of their specificity and embrace unity in diversity. Perhaps European Union law, which is characterized by multilingualism and multijuridism be considered a new type of law, appeared in view the laws of the world? Only to the extent that the European Union is based on a legal will self and the principles and values that are within the eternal law, both the rationale individual and national identity of the Member States, it is possible unity in diversity and hence there is a new family law. The importance of theoretical and applicative value of this study presents practical relevance for specialists in the field, who work in the judiciary or in the national public administration, and more. [ABSTRACT FROM AUTHOR]

This paper focuses on an issue that has yet to be resolved satisfactorily and with legal relevance in the Czech Republic. European law determines framework requirements, as well as obligations of Member States to designate quiet areas in nature and in open country. The Directive of the European Parliament and Council Directive 2002/49/EC relating to the assessment and management of environmental noise was indeed incorporated into Czech legislation, but legal instruments are still lacking for fulfilling the obligation under this directive to create and protect quiet areas in nature. Therefore, the purpose behind this paper is to open certain relating problem areas and to search for an answer to the question of why this obligation has yet to be fulfilled. [ABSTRACT FROM AUTHOR]

Considering the concerns of the European Union to implement an internal market for cosmetic products which ensures, at the same time, a high level of human health protection, and that the European cosmetics sector is one of the industrial activities affected by counterfeiting, which could lead to increased risks to human health, this article examines how European horizontal legislation is applied in national legislation. This article aims to present the legal instruments available at EU level for consolidating the safety of cosmetic products and strengthening the surveillance of the cosmetic products introduced to the market, and for consumer protection, taking into account that to ensure effective control on the market is required a high degree of administrative cooperation between the competent authorities of the Member States. This article also aims to present the active role undertaken by the cosmetics industry in developing alternative testing methods within the Horizon 2020 Programme. [ABSTRACT FROM AUTHOR]

The analysis concerns one of the most significant problems, that is the functioning of the public sector in theory and in practice. The article aims at presenting the concept of good governance, the recommended initiatives and forms of implementation as well as answering the question of how the crisis influences the performance of integration tasks and the condition of the Member States. From this broad field, certain general and detailed problems have been selected for analysis, including the 'good governance concept' that was developed at the point in time when political decisions were taken to initiate the integration processes. The first objective of the article is the hypothesis that XXI century is the time of transition from government to governance, which is connected the with the postulate of introducing the good governance system in the EU and in the Member States. The next objective is to precisely and systematically analyze issues, which constitute the concept of good governance in the EU. Realization of the principle of good governance includes a number of detailed initiatives, of which the article refers to the latest of these. [ABSTRACT FROM AUTHOR]

Copyright of Topical Issues of Tourism: Tourism & Its Impacts on Society is the property of College of Polytechnics Jihlava and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Along the last six decades, the Council of Europe, as an international regional organization, generated a complex body of both binding and non-binding legal instruments. The importance of non-binding legal documents, also identified as European soft-law, is demonstrated by the Council of Europe's constant and growing involvement in monitoring activities and the creation of non-conventional monitoring structures, particularly in the field of human rights. One such structure is the European Commission against Racism and Intolerance (ECRI), which, throughout its' broad and complex areas of competence has helped define and consolidate the European framework in matters of broadly identified as racial discrimination. ECRI had also brought a substantial contribution to the adoption of the 12th Protocol 12 of the European Convention on Human Rights (ECHR) and to the consolidation of related case law before the European Court for Human Rights (ECtHR). [ABSTRACT FROM AUTHOR]

The Universal Declaration of Human Rights of 1948 was preceded by several other Declarations in the first half of the twentieth century, beginning with the Declaration of 1929 and ending with the one of 1947. All these Declarations make express reference only to the "Human rights" and not to those of the "individual" or of the "Citizen", as in the Declaration of the French Revolution, in 1789, or in the one of the Bolshevik Revolution, in 1917. Among other things, in our paper, we emphasized that the Universal Declaration of Human Rights remains the first legal international instrument that imposed an unitary and universal conception regarding the human rights and fundamental freedoms, and, ipso facto, of the "Dignitas humana" (dignity of the human person), to which the Treaty establishing a Constitution for Europe (Lisbon, 2007) would make express reference. [ABSTRACT FROM AUTHOR]

Everyday life revealed even in the media by presenting cases of international abduction of minors, on the one hand, and on the other hand, the existence of cases increasingly complex from the national/ EU practice, to which we should add the insufficient analysis in the doctrine of the topic in representing some evidence to support the elaboration of this paper. Through its international and / or European regulations (Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, which is supplemented by Regulation (EC) no. 2201/2003 of 27 November 2003 concerning jurisdiction, the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility, (prevailing the latter) and national ones (Law no. 63/2014 amending and supplementing Law no. 369/2004 on the application of the Convention on the Civil Aspects of International Child Abduction which Romania adhered to by the Law no. 100/199), the legislator sought to ensure the prompt return of children abducted in the Member State of origin, the objective being the same: discouraging underage child abduction by a parent or by third parties, usually relatives and, in case of committing an act of international abduction of minors, ensuring the best interests of the child through the cooperation of the competent authorities in the field. The structure includes sections that address theoretical issues (e.g. the notion of international abduction of minors, regulations, procedure for solving the request, the competent authorities) and practical aspects, without neglecting the interpretation given by the Court of Justice of the European Union of some texts from the Regulation. [ABSTRACT FROM AUTHOR]

Copyright of International Conference: Crisis Management Days is the property of University of Applied Sciences Velika Gorica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The purpose of this paper is to analyse specific rules concerning free movement of goods, especially measures that may hinder market access. Articles 34 and 35 of the Treaty of the Functioning the European Union (hereinafter: TFEU) prohibit quantitative restrictions on imports and exports and all measures having equivalent effect as quantitative restrictions between all Member States. The European Court of Justice (hereinafter: ECJ) dealt with a number of cases concerning Articles 34 and 35 TFEU. Even after numerous cases, rules concerning time, place and manner of marketing products (the so-called market circumstances rules) remained problematic. The ECJ thought that it was time to reconsider the outer limits of the Articles 34 and 36 TFEU. It is a Keck ruling that divided regulations into two parts: selling arrangements and product-bound measures. According to Keck, non-discriminatory national measures restricting or prohibiting selling arrangements are permissible and fall outside the scope of the Article 34 TFEU. Keck was followed by many cases, which partly clarified the remaining ambiguities. There were borderline cases where it could be argued that the rule concerned a certain selling arrangement, but the ECJ held it was product requirement. Thus, in an attempt to resolve the problems surrounding the market circumstances rules, the ECJ created further difficulties. Particular attention is paid to the ECJ's jurisprudence after the Trailers case, where the Court revisited the principles of the free movement of goods and attempted to provide a new concept of a definition of prohibition of free movement of goods. According to that definition any discriminatory measure, including product requirements, and any other measure that hinders market access are covered by that concept. It has been concluded that the ECJ attempted to provide a new category of measures that are neither a product requirement nor the selling arrangements. Those measures hinder access of products originating in other states to the market of a Member State. [ABSTRACT FROM AUTHOR]

Copyright of Systems Supporting Production Engineering is the property of P.A. Nova S.A. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)