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Copyright of Opuntia Brava is the property of Universidad de Ciencias Pedagogicas de Las Tunas, Centro de Documentacion e Informacion Pedagogica 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 article analyzes the current position of the Supreme Court regarding disputes related to changes in rent payments due to changes in the normative monetary valuation of land. An analysis of the provisions of the Civil Code of Ukraine and the Land Code of Ukraine, which regulate the general principles of lease agreements, including land lease agreements and the specifics of leasing communal or state-owned land, has been conducted. The features of such agreements, as defined by the Law of Ukraine "On Land Lease," are considered. A conclusion is made about the civil-law, dispositive nature of the contract. Attention is focused on the peculiarities of determining the amount of rent, the procedure for paying rent under agreements for the lease of communal and state-owned land plots. The provisions of the Tax Code of Ukraine regarding land payment in the form of rent for communal or state-owned land plots are examined in detail. The relationship between the normative monetary valuation of a land plot and the amount of rent under the agreement is investigated. The conditions for changing the normative monetary valuation of a land plot are listed. A conclusion is made about the presence of imperative elements when concluding the described category of agreements. The previous practice of the Grand Chamber of the Supreme Court regarding disputes that arose between the parties to the lease agreement of communal or state-owned land plots concerning changes in rent payments due to changes in the normative monetary valuation of the land plot is analyzed. The current practice of the Grand Chamber of the Supreme Court regarding this category of disputes is also studied. Based on the comparison of the positions of the Grand Chamber of the Supreme Court, conclusions are drawn regarding the peculiarities of changes in the legal position and possible preconditions for such changes. The advantages and disadvantages of the new practice of the Grand Chamber of the Supreme Court in the described category of cases are highlighted. Possible scenarios for the development of legal relations between lessors and lessees in light of new court decisions are considered. The prospects for further development of legislation in this area and possible directions for improving the regulatory framework, taking into account modern challenges. [ABSTRACT FROM AUTHOR]

In the article, the author notes that the introduction of modern approaches to the legal regulation of the judicial control mechanism into the Criminal Procedure Code of Ukraine of 2012 was one of the right ways to realize the right to a fair trial. It is noted that judicial control, along with other mechanisms of criminal procedure, also ensures the implementation of the rule of law, a qualitatively new approach to understanding the rights and freedoms of a person in criminal proceedings, and a humanistic approach to criminal proceedings. The author also notes that both practitioners and scholars have repeatedly addressed the issues of the concept of judicial control, its features, and correlation with other categories and concepts. And the research by comparing the concept of «judicial control» with the concepts of «justice» and «judicial defense» will make it possible to establish new features of judicial control in criminal proceedings in Ukraine. That is why the author set as the purpose of the study to establish the correlation between the concept of «judicial control» and the concepts of «justice» and «judicial defense» in the criminal procedure of Ukraine. The article analyzes the works of Ukrainian scholars who reveal both the above concepts and their correlation, and also uses the decision of the Constitutional Court of Ukraine. The study concludes that judicial protection is an effective mechanism for guaranteeing rights and freedoms in criminal proceedings, and judicial control is a way of judicial protection. In the author's opinion, it should be borne in mind that such control is exercised not only during the pre-trial investigation, but also during the judicial stages of criminal proceedings. The author concludes that justice and judicial control are separate functions in criminal proceedings. Their differences are related to the stages of criminal proceedings and their purpose and form of implementation. The subjective composition of the realization of justice and judicial control is not always different. Thus, in the case provided for in Part 3 of Article 309 of the Criminal Procedure Code of Ukraine, a judge will exercise judicial control over non-appealable rulings of the investigating judge, as well as justice in the same criminal proceedings. [ABSTRACT FROM AUTHOR]

The article presents a study of the legislative and law enforcement practice of calculating years of service as a condition for pension provision for persons discharged from military service and persons equated to them. Based on the legal positions of the Constitutional Court of Ukraine, the author emphasizes that a pension for years of service is an integral part of the special professional status of persons discharged from military service and persons equated to them. The author supports the arguments of scholars about the need to preserve the institution of years of service. The author characterizes the differences in the application of the provisions of the Law of Ukraine “On Pension Provision for Persons Discharged from Military Service and Certain Other Persons” and the resolutions of the Cabinet of Ministers of Ukraine establishing the general and preferential rules for calculating years of service. It is given the analyzed decisions of the Supreme Court on disputed issues. It is emphasized that the preferential enrollment of years of service is not an independent type of it and does not compete with its calendar calculation. The author argues that the calculation of years of service on preferential terms should be preserved with due regard for the specifics of such enrollment since it is one of the mechanisms of the state’s provision of social guarantees for persons who daily risk their lives/health and perform duties to protect the existence of the state itself. Based on the analysis of the legislative provisions, the author confirms that the years of service required for the entitlement to a pension for years of service depend on the period in which a person has discharged from military service. It is presented the arguments regarding the need to return the previous version of para. 1.3 of the Resolution of the Cabinet of Ministers of Ukraine of July 17, 1992 № 393, which fixed the conditions for the enrollment of certain periods of service to years of service on preferential terms precisely during the appointment of pensions, and not when determining their amount. The author proposes to supplement Article 12 of the Law of Ukraine “On Pension Provision for Persons Discharged from Military Service and Certain Other Persons” with a provision stating that years of service as a condition for granting a pension under this Article should be calculated on preferential terms for persons who have performed the relevant service. [ABSTRACT FROM AUTHOR]

The article is devoted to the peculiarities of the principle of proportionality of measures of forced execution of decisions and the volume of claims on decisions in enforcement proceedings. It is determined that the principle of proportionality of measures of forced execution of decisions and the volume of claims on decisions in enforcement proceedings finds its manifestation in a number of provisions of legislation. The article cites these provisions of the legislation on enforcement proceedings and analyzes them. It is pointed out that the essence of the principle of proportionality of measures of compulsory execution of decisions and the volume of claims on decisions is always associated with the need to ensure and respect the rights of the debtor. However, in the author’s opinion, this principle should also reflect another important aspect of enforcement proceedings – sufficiency of enforcement measures for the actual execution of the decision. This side should also be enshrined in the content of the principle of proportionality of measures of forced execution of decisions and the volume of claims under the decisions. It is concluded that the principle of proportionality of measures of forced execution of decisions and the volume of claims under decisions should not be considered narrowly enough. Scientific positions concerning the legal regulation of the principle of proportionality of measures of forced execution of decisions and the volume of claims under decisions are studied. The opinion is supported that in the legislation on enforcement proceedings it is necessary to formulate a separate article devoted to the content of the principle of proportionality of measures of forced execution of decisions and the volume of claims on decisions. Separate aspects of determining the criteria of proportionality of measures of compulsory execution of decisions and the volume of claims under decisions and judicial practice have been studied. On the basis of the analysis it is concluded that an important general criterion of proportionality of measures of forced execution of decisions and the volume of claims on decisions is the criterion of legality of the executor’s actions developed by the judicial practice of the Supreme Court. The criterion of proportionality should be the focus of the executor’s actions to ensure the fulfillment of the final court decision. [ABSTRACT FROM AUTHOR]

It is indicated that the key problem in the activity of the Constitutional Court of Ukraine is ensuring the implementation of its decisions. Without solving this issue, it is impossible to guarantee the supremacy of the Constitution, the principle of separation of powers and the existence of an independent judicial branch of government as a separate institution. Ignoring the decisions of the constitutional control body undermines the very system of checks and balances, the authority of the Basic Law and the constitutional order in the country in general. These principles underlie the implementation of decisions of constitutional courts, the purpose of which is to ensure constitutional legality. In Ukraine, the mechanism for the implementation of the decisions of the Central Committee of Ukraine has already been developed in general, but there are problems related to the non-implementation of some of its decisions for a long time. Therefore, the task of further improvement of this mechanism and its proper legislative regulation remains relevant. The authors claim that Ukraine has already developed a mechanism for implementing decisions of the Constitutional Court. However, this system is not perfect, which is evidenced by the fact of non-execution of individual court decisions. Therefore, the issue of continuing the work on improving the existing mechanism for implementing decisions of the body of constitutional jurisdiction, securing it properly at the legislative level, remains urgent. At the same time, the problem of the quality of such execution comes to the fore, for the solution of which it is necessary to develop criteria for the effectiveness of the execution of court decisions, which will allow to assess the quality of the legal acts that are introduced and the work of the responsible entities. Both outlined problems definitely need further thorough scientific research. In addition, according to the authors, it should be noted that the issues of the legal nature of the legal positions of the Constitutional Court of Ukraine and the criteria for the effective implementation of its decisions remain interacting categories and, therefore, require thorough scientific study. At the same time, clarifying the legal force of the Court’s legal positions is complicated by the lack of their legislative definition, by a certain difficulty in understanding the role and place of the body of constitutional jurisdiction in the system of state power. At the same time, the legal positions have a normative and mandatory character, reflected in the acts of the KSU. The need to ensure their immutability follows from the principles of legal certainty and stability of the Constitution. However, the possibility of revising some legal positions in connection with the change in the socio-political structure of the state is gaining relevance. [ABSTRACT FROM AUTHOR]

This article examines the jurisdictional conflicts between Spain’s central government and Catalonia which remained unresolved through the conciliation procedure outlined in Article 33.2 of the Organic Law of the Constitutional Court (LOTC in Spanish). Specifically, it identifies and examines, through a series of quantitative variables, the constitutional appeals lodged before the Constitutional Court. Additionally, it delineates the content of the Court’s decisions to identify trends and correlations between the pre-jurisdictional and jurisdictional procedures. Finally, it provides a comprehensive study of the effectiveness of the pre-jurisdictional process based on a set of data and graphs enabling visual identification of the evolution of those conflicts against which the procedure outlined in Article 33.2 LOTC proved ineffective. [ABSTRACT FROM AUTHOR]

The main objective of this work is to analyse the constitutional doctrine developed in relation to the jurisdictional conflicts in matters of equality, especially in relation to the legislation emanating from the autonomous communities with the purpose of preventing, raising awareness and eradicating gender-based violence, as well as to establish comprehensive reparation mechanisms for victims. This doctrine, contained in Constitutional Court Judgments 159/2016 and 44/2024, analyses how the jurisdiction on gender policies, contained in some new-generation Statutes of Autonomy, should be interpreted, a jurisdiction established in the last of the cited judgments. of own or genuine content. As a consequence, the autonomous communities established their own gender policies not only under the protection of said jurisdiction but also other sectoral ones (housing, education, health, etc.) given the transversal nature of the subject. Firstly, the article briefly analyses the legislative framework, at both the State and regional levels, regarding gender-based violence, with special attention to possible jurisdiction overlaps. Secondly, it carries out a study of Constitutional Court Judgments 159/2016 and 44/2024 and the scope that these rulings confer on the autonomous communities in the regulation of said matter. [ABSTRACT FROM AUTHOR]

This paper systematizes and compares, based on the reasoning of the U.S. Supreme Court and its decisions, four pairings of concepts that arise from discussions on the operability of the presumption of innocence in the AngloAmerican legal system. The article illustrates that the partial conclusions in each of these comparisons must be reached by arguments consistent with the normative foundation of the presumption of innocence principle in order to find the defining characteristics of said principle. Ultimately, the paper sets forth a definition of the presumption of innocence that encompasses each of the partial conclusions thus reached. [ABSTRACT FROM AUTHOR]

The ECHR has used the evolutive and internally harmonising interpretation criteria in the interpretation of the ECHR, which has allowed it to develop some judgments on the right to euthanasia in which it recognises a wide margin of appreciation for the States, making it compatible with the ECHR both prohibit and allow euthanasia, as long as the State guarantees the right to life of vulnerable people. The Spanish Constitutional Court has declared the constitutionality of the Organic Law regulating Euthanasia 3/2021, through a legal argument based on the doctrine of the ECHR. [ABSTRACT FROM AUTHOR]

Copyright of Necmettin Erbakan University School of Law Review is the property of Necmettin Erbakan University School of Law Review 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.)

Copyright of Necmettin Erbakan University School of Law Review is the property of Necmettin Erbakan University School of Law Review 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.)

Copyright of Necmettin Erbakan University School of Law Review is the property of Necmettin Erbakan University School of Law Review 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.)

Copyright of Jurnal Jurisprudence is the property of Jurnal Jurisprudence 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 Supreme Court Judgment of April 3, 2024 resolves an administrative appeal filed by Mercantil against Royal Decree 35/2023, which approves the revision of the hydrological plans of several hydrographic basins. The appeal challenges provisions related to the use of desalinated water and argues that this water cannot be considered external resources and must be subject to the administrative concession regime. The Supreme Court concludes that desalinated water is part of the public hydraulic domain and its use is subject to concessions and authorizations granted by the Segura Hydrographic Confederation. The Court dismisses the appeal and establishes that previous agreements are not sufficient for the exclusive use of desalinated water. The judgment reinforces the perspective that desalinated water is a public hydraulic domain asset and must be used rationally. [Extracted from the article]

Background: To respect international cooperation, human rights and legal certainty, it is possible to recognise the legal effects of foreign judicial decisions in another state, provided that the procedure for recognising a foreign judicial decision takes place and that such court decision fulfils the requirements set by local legislation. Recognition, as a concept, entails acknowledging the rights and obligations established in the originating jurisdictions and accepting juridical consequences. Enforcement, on the other hand, means fulfilling the obligation, allowing the creditor to realise his/her right and to ensure that the debtor has obligations and obeys the decisions that have already been made. International collaboration should facilitate the codification of Kosovo's legal framework on private international law, allowing for the recognition and enforcement of foreign decisions to be less complicated, more extensive, and more easily applicable. In comparison to prior solutions, the new law makes significant adjustments. Previous norms are being abandoned in favour of open links and jurisdictional criteria. Some prior solutions are preserved and, if necessary, changed and improved. Methods: The doctrinal approach involves the systematic identification, collection, and application of legal literature within the domain, encompassing statutes, texts, articles, and scholarly research by both local and international authorities. Additionally, the method involves a meticulous analysis of judicial practices, evaluating the practical implementation of legal standards and their judicial interpretations. Through examining legislation, our approach not only identifies legal issues but also furnishes a scholarly interpretation of the laws governing the field of study and its related institutions. Results and conclusions: Kosovo, as a relatively new state, has established a legislative framework through which it attempts to address problems and the path that must be taken in the implementation of foreign judgments. In general, the goal of having a democratic and well-developed society also means respecting the rights and decisions of foreign citizens, the rights that originate from the judicial decisions of international courts and the internationally accepted conventions. The harmonisation of the legislation and its compliance with ECHR conventions creates real opportunities for Kosovo to be ranked among the countries that respect these decisions. The legal system of Kosovo, as well as decisions made by the Constitutional Court, have produced results that can be used to influence future cases. The codification of private international law in Kosovo means that numerous circumstances will now have a legal basis for implementing foreign decisions. [ABSTRACT FROM AUTHOR]

Background: The article thoroughly examines the efficacy of constitutional complaints within Ukraine, utilising the Skrypka case as a pivotal illustration. Through comprehensive scrutiny, the authors analysed factual circumstances, national legislative frameworks governing contentious legal issues, and judicial precedents pertinent to the Skrypka case. The authors’ contention revolves around the primary role of a constitutional complaint in safeguarding an individual's violated constitutional rights, concurrently serving to fortify the constitutional order of the state. Methods: To comprehensively understand the subject, the authors conducted an in-depth review of relevant court decisions, meticulously analysing the legal arguments presented by judges. Additionally, they examined the positions of knowledgeable scholars to identify and comprehend the current expert assessments and proposals. Results and Conclusions: Through an in-depth review of judicial practices, the article delineates three predominant perspectives regarding the influence of decisions emanating from Ukraine's Constitutional Court subsequent to constitutional complaint reviews on the reevaluation of conclusive court decisions in specific cases: (1) The decisions of the Constitutional Court of Ukraine cannot impact contested legal relationships because these relationships existed prior to the adoption of these decisions by the Constitutional Court of Ukraine; (2) Review under exceptional circumstances is applicable only to decisions where the claims have been fully or partially satisfied (i.e., are subject to execution) but have not yet been enforced; (3) The decisions of the Constitutional Court of Ukraine are primarily significant as rulings of a general nature, establishing legal conclusions for resolving future cases. The article asserts that rectifying final court decisions owing to the use of unconstitutional statutes imposes stringent constraints, addressing only issues arising post the statutes' unconstitutional determination, excluding considerations predating such rulings, irrespective of the potential restoration of violated constitutional rights. Consequently, reestablishing a complainant's previous legal status via a constitutional complaint does not transpire. Therefore, a complainant, having exhausted alternative legal remedies and diligently formulated their case, cannot pursue substantive reconsideration of a final court decision, even if predicated on applying a law deemed unconstitutional per their complaint, contrary to explicit provisions within Ukrainian procedural legislation. The article emphasises the imperative necessity for concerted revisions to Ukraine's Constitution and extant legal frameworks to attain a balanced, coherent, and unequivocal articulation of the legal ramifications ensuing from decisions rendered by Ukraine's Constitutional Court, encompassing those originating from constitutional complaints—an objective presently beyond reach. [ABSTRACT FROM AUTHOR]

This article examines the case law of the Constitutional Court of Kosovo and explains how this court protects the rule of law, as a fundamental constitutional principle and as a human right. The example of Kosovo is intriguing because of the peculiar historical, political and legal backdrop against which the Constitution was drafted, and the constitutional adjudication that has taken place. Methodologically, this analysis is based on a review of the landmark cases when the Constitutional Court of Kosovo reasoned its decisions with reference to the specific constitutional provisions that enshrine the principle of the rule of law. The paper highlights that the Constitutional Court of Kosovo refers to the rule of law as a general normative framework for adjudicating cases of abstract constitutional review, as well as for deciding cases submitted by individuals – mostly in conjunction with the right to a fair and impartial trial. By scrutinizing the cases of Kosovo, this analysis highlights the role of constitutional courts in ensuring that general constitutional principles, such as the rule of law, are justiciable and have practical effect for human rights of individuals. [ABSTRACT FROM AUTHOR]

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca 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.)

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca 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.)

Copyright of Revista de Estudios de la Administración Local y Autonómica is the property of Instituto Nacional de Administracion Publica 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 Federal Supreme Court Cassation Division reviews cases based on cassation petition against final court decisions when they contain a fundamental error of law. Such decisions of the Cassation Division rendered by five judges are binding on lower courts. This article reviews cassation decisions for content and form under six categories. It also reviews how the Cassation Court sees its role to better contextualise the effectiveness of those decisions. It finds that the Cassation Division sees itself as part of a court, not an independent judiciary based on separation of powers, and its decisions show significant deference to administrative decisions, and heavy-handed interpretation and application of the rules of criminal and administrative laws. In civil cases, it shows strict interpretation of statutes; it does not resort to principle-based interpretation of rules; it rather interprets statutes as any other ordinary court does. Even if continental legal systems do not envisage case laws through their judicial decisions, courts are not expected to merely rely on the literal readings of the law where such readings are silent, absurd, unreasonable, inconsistent, and contrary to legislative intent. With regard to the form the judgments are written, there are decisions that are not befitting a Cassation Division, the highest judicial organ in Ethiopia. [ABSTRACT FROM AUTHOR]

The Supreme Court Judgment of November 2, 2023 resolves the appeals filed by the Government of Catalonia, the Barcelona City Council, and the Metropolitan Area of Barcelona against a previous judgment that upheld the contentious-administrative appeal filed by several transport associations against an ordinance of the Barcelona City Council. The Supreme Court confirms the previous judgment and declares that the appeals filed by the recurring administrations are not admissible. The text presents arguments related to the repeal of an ordinance and its impact on the sanctioning regime. It mentions a judgment of the Court of Justice of the European Union that condemns Spain for non-compliance with Directive 2008/50/EC on air quality. The importance of environmental protection is highlighted, and principles related to sustainable development are mentioned. A debate is raised about the weighing of fundamental rights, and the need for reliable information to take appropriate measures is mentioned. The High Court of Justice of Catalonia has issued several judgments questioning the Barcelona Atmospheric Environmental Protection Ordinance. The court considers that the territorial delimitation of the Low Emission Zone (LEZ) is too broad and that the restrictive measures adopted are not proportionate. In addition, it criticizes the lack of updating of the pollution data used and the lack of motivation and evaluation of alternatives in the drafting of the regulation. The Supreme Court has confirmed the judgments of the High Court of Justice of Catalonia declaring the invalidity of the Barcelona Ordinance that restricted the circulation of polluting vehicles in the Low Emission Zone (LEZ). The Supreme Court argues that the Ordinance has not been adequately justified, nor have the effects of the measures adopted been evaluated in terms of proportionality. Furthermore, it points out that conclusive reports have not been taken into account, nor has the economic and social impact of the imposed restrictions been considered. As a result, the Barcelona City Council has approved a new Ordinance with a more limited territorial scope and includes social improvements. The article highlights the importance of adequately justifying restrictive measures and complying with the corresponding legal requirements. The Supreme Court Judgment STS 4853/2023, issued on November 2, 2023, is mentioned as a reference. No additional information is provided about the content of the judgment. [Extracted from the article]

The ability of a corporation to exercise constitutional protections has been rife with uncertainty and change since the conception of corporate rights came into existence. The history and rapid development of the corporation, combined with the misapplied and misunderstood “corporate personhood” theory, have resulted in an almost unintelligible hodgepodge of corporate constitutional applications. Similarly, the concept of the right to bear arms has equally been muddled and applied very differently at varying times and locations since before the establishment of the Second Amendment. This Article attempts to clarify how an alternative to the “corporate personhood” theory, namely the “purpose” theory is increasingly relied on by the Supreme Court to more consistently and transparently extend or restrict constitutional rights. Purpose analysis provides a sound legal basis to conclude that the Second Amendment should also be applied to corporations. In recent years, the Supreme Court has dramatically increased the rights of corporations. Simultaneously the Court has also significantly augmented the right of Americans to possess and publicly carry a vast array of firearms. However, the Court has never said whether this right is one possessed by corporations. Nevertheless, the reasoning in many cases generally dealing with corporate rights and gun rights, including the Court’s most recent Second Amendment case, point to the answer that corporations are entitled to the right to bear arms. While there is an understandable amount of antipathy on the part of many scholars to expanding Second Amendment rights in the manner that the 2022 Supreme Court decision in New York State Rifle & Pistol Association v. Bruen did, a corporate right to bear armsdoes not reflect the same risks discussed in Bruen. Currently, there is a split in whether lower courts have held in favor of corporations (or other collectives) having Second Amendment rights, and this disagreement could and should eventually come before the Supreme Court. Whether one agrees with the outcome of Bruen or not, purpose analysis, which entails judicial examination of the purpose behind particular constitutional provisions to determine their boundaries, dictates that corporations should have Second Amendment rights. Indeed, corporations’ interests in these rights are rooted in and further the key purposes of the Second Amendment: self-defense, protection of third parties, and defense of property. [ABSTRACT FROM AUTHOR]

In this article, the aim is to demonstrate how the judgment BVerfGE 65, 1 (Volkszählungsurteil), carried out by the German Federal Constitutional Court in 1983, influenced the development of an autonomous fundamental right of personal data protection in the Brazilian legal system. A bibliographical and documentary research was carried out, using the inductive-confirmable approach method, with a study, first, of the context and need for the development of a right to the protection of personal data. Then the foundations of the historical precedent judged by the German Constitutional Court in 1983 are stated to, finally, demonstrate how such foundations served as the basis for the construction of legislation and jurisprudence for the protection of personal data in Brazil. It is concluded that, in a context of information society, data processing is an unavoidable event, so that recognition for a right to protection of personal data reveals to be essential for the protection of human beings in their dignity and personality, something that encounters safe direction in the decision handed down by the Brazilian Federal Constitutional Court, inspired by the decision of the German Constitutional Court, which contributes as a paradigm for the interpretation and application of this right so discussed nowadays. [ABSTRACT FROM AUTHOR]

The article "Constitutional Justice in Italy" presents a review of Roberto Romboli's book on the subject. Romboli is a renowned professor of Constitutional Law at the University of Pisa and has published numerous works on fundamental rights guarantees and constitutional justice. The author highlights the existence of a system of constitutional justice in Italy, which is based on a notion of the Constitution as a legal norm and source of law. The two models of constitutional justice, diffuse and concentrated, are mentioned, as well as the fourth generation of constitutional justice. The composition and functioning of the Italian Constitutional Court, as well as its role in defending constitutional supremacy, are also addressed. The text analyzes the doctrine and decisions of the Italian Constitutional Court, highlighting their relevance for Spain. It is mentioned that the Court has adopted the reasonableness parameter in its decisions and controls the constitutionality of decree-laws. It is also mentioned that the Court has allowed the intervention of third parties in constitutional processes and has reduced the number of interpretative judgments of conformity. Additionally, the article addresses the conflict of powers between the branches of the State and the Court's competence to judge the admissibility of requests for derogatory referendums. Finally, the relationship between the Court and European courts is mentioned, as well as the need to rethink the model of rights protection. [Extracted from the article]

The Italian Constitutional Court (ItCC) has shown a recent trend towards a "re-centralization" of constitutional review. This inclination represents the Court's attempt to "regain" the space that it had conceded to both national and supranational judges, but it also lies within a wider perspective, which includes the legal, political, cultural, and social context within which the Court works. In fact, although the national rules regulating the ItCC's functions remain unaltered, the latter's role seems nevertheless to change across time, thus suggesting that change occurs elsewhere. In other words, as the context changes so do the Court's role, its case-law, and its jurisprudential practice. The second thesis the Author emphasizes is the idea that the context deeply affects the development of the ItCC's doctrines. An understanding of the past becomes helpful to comprehend both the present and the dynamics that underlie the Court's relationship with the legislator, ordinary judges, and the doctrine. An overview of the past is also useful to highlight that the ItCC's peculiarities surfaced from the very beginning of its experience, and that it was through those same characteristics that the Court strengthened its action and role. Although the national rules regulating the Court's functions remain unaltered, the latter's role and doctrines seem nevertheless to change across time; this is because it is the context that changes. The first and second thesis come together and merge into the third and final one, which conveys the idea that the judicial seasons' diversities, as well as the doctrines' evolutions across time, reflect the ItCC's constant attempt to hoard as much legitimization as possible. Although it is still not possible to fully grasp the achievements produced by the judicial season of "re-centralization" that is still under way, it is fair to say that the Court has proved to be not merely a sentinel that guards the borders between functions and powers, but rather a body that is fully merged within the context, greatly influenced by it and deeply concerned with keeping constitutionally sound and efficient relations among powers. For what concerns its relationship with political discretion, the evolution of its doctrines has opened the door to possible conflicts with the legislator, as well as with ordinary judges and the EU legal order; however, these frictions have always existed and they have repeatedly surfaced in the history of the Italian legal order. [ABSTRACT FROM AUTHOR]

The analysis of the decisions of the Constitutional Court on freedom of artistic creation shows that it is a freedom whose recognition and constitutional regime is being forged in recent decades. Taking into account this context, there has been an evolution in the constitutional case-law that has gone from considering it part of freedom of speech to conceiving it as an autonomous freedom. Although this evolution has not been linear or clear, in a double and relevant sense. On the one hand, the transition towards an autonomous freedom has not been reasoned or armed with a minimum load of arguments and, to this day, the Court's position regarding the scope of this freedom is still not crystal clear. On the other hand, the autonomy of the freedom of artistic creation with respect to freedom of speech should lead to the design of a minimum constitutional regime differentiated with respect to the latter, which has not been pointed out by the Constitutional Court. This article analyzes in detail the described evolution of the constitutional case-law in relation to the freedom of artistic creation, evaluating the different options of the constitutional jurisprudence. [ABSTRACT FROM AUTHOR]

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The issue of plagiarism has raised many theoretical and practical discussions. Also, the legal basis was not clear enough and certain misunderstandings have created the premises for losing the title of doctor. Arrived in court, the trials were judged differently. In 2022, the Constitutional Court pronounced Decision no. 364, one of the clearest decision of the court, and the issue was settled in a transparent manner. The current study will analyze the implications of this decision. [ABSTRACT FROM AUTHOR]

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Copyright of Nuevo Foro Penal is the property of Universidad EAFIT 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.)

Copyright of Nuevo Foro Penal is the property of Universidad EAFIT 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.)

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Copyright of Die Deutsche Schule is the property of Waxmann Verlag GmbH 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.)

Copyright of Die Deutsche Schule is the property of Waxmann Verlag GmbH 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.)

Copyright of Foro Revista de Derecho is the property of Universidad Andina Simon Bolivar, Sede Ecuador 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.)

Copyright of Foro Revista de Derecho is the property of Universidad Andina Simon Bolivar, Sede Ecuador 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.)

Copyright of Precedente is the property of Universidad ICESI 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.)

Copyright of Revista Catalana de Dret Ambiental is the property of Universitat Rovira I Virgili 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.)

Copyright of Revista Catalana de Dret Ambiental is the property of Universitat Rovira I Virgili 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 article analyzes the unconstitutionality of the second paragraph of article 387 of the Criminal Procedure Code in Chile, which establishes restrictions on the right to appeal in cases of final judgments. The jurisprudence of the Inter-American Court of Human Rights and the Constitutional Court on this issue is reviewed, highlighting the recent changes in the jurisprudence of the latter court. The importance of an ordinary and effective appeal, accessible and allowing a comprehensive examination of the appealed decision, is discussed. The Constitutional Court has declared the inapplicability due to unconstitutionality of the second paragraph of article 387 in several judgments, arguing that it restricts the right to defense and violates the right to a fair trial. It is suggested to modify this rule to comply with constitutional and human rights standards. [Extracted from the article]

The Supreme Court Judgment of October 18, 2023 resolves an appeal filed by the Júcar River Basin Authority against a judgment of the Higher Court of Justice of the Valencian Community. The case refers to the responsibility of a City Council for the discharge of wastewater from an urbanization. The Supreme Court determines that the reception of the urbanization works is necessary for the City Council to be considered responsible for the discharges, and dismisses the appeal of the City Council of Pego against the sanction imposed by the Júcar River Basin Authority. The article highlights the importance of completing the urbanization before authorizing the occupation of the buildings and points out that the omission of administrative powers by the City Councils can generate illegal situations. The Judgment STS 4344/2023 of the Supreme Court establishes that municipalities are responsible for illegal discharges into public watercourses from urbanizations with unreceived urbanization works. [Extracted from the article]

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca 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.)

Copyright of Journal of Language & Law / Revista de Llengua i Dret is the property of Revista de Llengua i Dret 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.)

Copyright of Journal of Language & Law / Revista de Llengua i Dret is the property of Revista de Llengua i Dret 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 judgment of the Supreme Court commented on here was devoted to the limitation of claims. One of the members of the partnership (the general partner) violated the non-competition clause and caused damage to the partnership. Another member (the limited partner) sued him for compensation for this damage. The Supreme Court adopted a resolution specifying the beginning of the limitation period for a claim to redress the damage caused. The legal assessment of the Supreme Court is correct. If the violation of the prohibition of competition consists in repeated behaviour, the claims of a partner provided for shall expire after six months from the date when all other partners became aware of the violation, but not later than after three years, counted separately for each behaviour. [ABSTRACT FROM AUTHOR]

This article looks into the development of Armenian legislation related to pledge, specifically the non-judicial foreclosure process of collateral, as well as an analysis of the decisions made by the Constitutional Court and the Court of Cassation in Armenia. The article offers an overview of the legal framework for pledge in Armenia, examining the evolution of pledge legislation, and highlights the importance of the non-judicial foreclosure process of collateral and its significance in the context of Armenian legislation. It analyses the legal framework and the processes involved in non-judicial foreclosure, and also looks into the challenges that arise when applying this process in practice. Furthermore, the article analyses the decisions of the Constitutional Court and the Court of Cassation in Armenia that have dealt with issues related to pledge and non-judicial foreclosure. It provides an in-depth analysis of the reasoning for and implications of these decisions, as well as the impact they have had on Armenian legislation and practice. In conclusion, the article sheds light on the development of Armenian legislation on pledge and provides a critical analysis of the non-judicial foreclosure process and related court decisions. [ABSTRACT FROM AUTHOR]