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The 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions states outright in its guiding principles that culture is one of the main aspects of development, which is as important as its economic aspects, and which individuals and people have the fundamental right to participate in and enjoy. Theatrical productions are one of the best-selling forms of entertainment. From a cultural and artistic perspective, they are one of the oldest methods of expression which, in addition to self-expression, is also a mirror of the social and political order. The aim of this article is to present the theoretical, legislative, and jurisprudential positions on the copyright situation of the theatre director. The focus of the article is on the question of how the legal status of the theatre director is settled and regulated in different European legal systems. In several European countries there are no specific legal provisions on this matter. This article is organized as follows. First, the historical and cultural aspects of theatrical productions are introduced. After that, the most important copyright law features of dramatic works are reviewed, together with an overview of some European laws. In the core of the article, the current legal situation - and possible copyright law solutions for theatre directors - are elaborated. [ABSTRACT FROM AUTHOR]

The procedure to select Judges of the Constitutional Court of Ukraine has recently been reformed. The purpose of this article is to briefly describe the system of appointment/election of the Judges of the Corte costituzionale (the Italian Constitutional Court), first; but also to enrich existing studies by offering some recommendations for Ukraine. Notwithstanding the recent reform, some issues are still there, even at the level of the Ukrainian Constitution. The Italian system of appointment/election of the Judges of the Constitutional Court is rather similar to that of Ukraine (both being a hybrid system: one third of the Judges are appointed by the President of the Republic; one third are elected by Parliament; one third are in some way elected by the Judiciary). However, in Italy there is no procedure of competitive selection of candidates for the position of Judges, like that established in Ukraine: practices in Italy in this field are mainly regulated by conventions. Methodologically speaking, the recommendations for Ukraine will be given here in the light of the best practices (according to the principles of constitutionalism) that have been experienced in Italy for the last seven decades but also in the light of the principles of the European Commission for Democracy through Law of the Council of Europe (Venice Commission). The recommendations for Ukraine will be as follows: (i) the current hybrid system of appointment/election of Judges and the current procedure of competitive selection should be kept; (ii) the current countersignature (by the Prime Minister) of the presidential act of appointment of Judges should be kept; (iii) a qualified majority and a secret ballot (without discussion) for the election of Judges by Parliament should be introduced in the Constitution; (iv) provisions concerning the extension of the term of the office of Judges should be introduced in the Constitution; (v) the procedure of appointment/election should be set out more in detail in the Constitution (or at least in the implementing legislation), when it comes to the requisites to be appointed/elected as Judge. Such recommendations could help Ukraine to establish a system of appointment/election of Judges of the Constitutional Court that would be in compliance with the principles of European constitutionalism and of the Venice Commission (and also to fulfil indirectly some commitments that have been required by the European Commission to grant Ukraine EU candidate status). [ABSTRACT FROM AUTHOR]

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law 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 Sharia & Law is the property of United Arab Emirates University, College of Law, Sharia & Law Journal 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 Electrónica de Estudios Penales y de la Seguridad is the property of Revista Electronica de Estudios Penales y de la Seguridad 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.)

There are numerous problems, of a theoretical and practical nature, raised by the implementation of European environmental law; in fact, they can be divided into three categories: failure to communicate to the Commission the internal legislation and measures adopted in order to transpose the legislation of the European Union, its incorrect, incomplete or late transposition and practical noncompliance with the requirements of the directives. As far as the directives are concerned, even the large number of infringement procedures initiated in the field of environmental protection appears to us as an indicator of errors committed in the process of their implementation, and this despite the existence of mechanisms for supervising the application of Union law, under the control of the Court of Justice of the European Union. Thus, the European Unuion Network for the Implementation and Compliance of Environmental Legislation (IMPEL), international non-profit association of environmental authorities form: European Union member state, EU acceding and candidate contries, EEA and EFTA countries and potentioal candidate countries for joining the European Union, its mission is to ensure the implementation and effective compliance with European environmental legislation by promoting professional collaboration, the exchange of information and best practices between regulatory authorities in the field of environment. [ABSTRACT FROM AUTHOR]

Copyright of Revista Española de la Transparencia is the property of Asociacion de Profesionales de la Transparencia 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.)

Since ancient times religion has influenced not only the lives of individuals and societies but also world politics and international relations. The confessional factor plays a crucial role in relations between states. Since states often use the confessional environment to realize their geopolitical interests, the aim of this article is to analyze the role and place of state-church relations in the processes of European integration and determine the legal basis for the activity of interfaith organizations. The methodological framework of this article is based on an axiological approach which allows the authors to analyze the influence of religion on the law-making processes and the formation of a system of norms and values of society. The authors apply the dialectic method to examine the "civilization-culture" continuum of law and substantiate its dependence on religion in developing a common vector of European integration processes. The author also used the methods of analysis and synthesis to identify the interaction of legal and religious norms and to characterize the influence of the church on relations in society. In the framework of the study, the comparative legal method was also partially used, which played a key role in determining the influence of religion on the formation of legal norms. The article concludes that the church has become the activating factor for the formation of the axiological dimension of European integration. [ABSTRACT FROM AUTHOR]

The principles represent the first element to achieve the unity of the content of environmental law at the level of the three legal orders: national, European and international. Their propagation and joint action is the key to solving many environmental problems that go beyond the borders of a single territory. At the level of the European Union, along with the fundamental principles, three general principles have been developed and are applied, specific to the European construction: the principle of subsidiarity, the principle of correction (rectification) with priority at the source of pollution and the principle of integration. [ABSTRACT FROM AUTHOR]

In today's discourse, the concept of identity is profoundly contested, traversing socio-political movements like Black Lives Matter to intricate international law scenarios, such as Ukraine's identity contested by the Russian Federation. Central to these discussions is Europe, particularly post the 2016 Brexit referendum, which initiated a deep reflection on Europe's and the European Union's (EU) core identities. The myriad, spontaneous debates coalesce into a formidable challenge regarding European identity. A generic approach to this identity conundrum is to reference the values articulated in Article 2 of the Treaty on EU. However, this comes with complications. First, the current identity debate emerged precisely within the ambit of Article 2. Secondly, referencing David Hume's philosophical distinction, it is crucial to differentiate between the normative aspirations in European law ("what ought to be") and the prevailing reality ("what is"). Given the increasing discussions on identity, it is essential to bypass simplistic explanations and delve deeper. The pivotal questions surrounding Europe, its inherent identity, and the very essence of the EU might require an alternative analytical lens. This article intends to embark on a journey reflecting on European identity with a nuanced perspective from juridical logic, aiming to move beyond commonplace interpretations. [ABSTRACT FROM AUTHOR]

This article has as its starting point the genesis of Romanian constitutionalism. Developed according to the Belgian model, the Constitution of 1866 allowed the birth of a democratic system of government and consolidated the autonomy of Romania, in the context where, after the abdication of Prince Alexandru Ioan Cuza, there was an inherent need for governmental stability. However, the decision to adopt a prestigious constitutional model was guided by the idea of international legitimacy. The predominantly liberal character of the Belgian Constitution of 1831 influenced the process of drafting fundamental laws in several European states, not only in Romania (Greece, Italy, Prussia, etc.). The constitutional import process is inevitable, but extremely difficult and rarely impossible. The inevitability of this process stems from the fact that overarching constitutional ideas and mechanisms are generally limited. This type of transfer occurs when constituent assemblies face a particular problem and choose to focus on already functioning constitutions. [ABSTRACT FROM AUTHOR]

The article discusses the status of the European Environmental Law Community in Europe. The author reflects on their personal experiences and highlights both positive and negative aspects of the community. They mention the existence of various networks and platforms for environmental law scholars, but also note the lack of a dedicated talent development platform, integration with other communities such as energy law, and integration with practitioners. The author acknowledges the impact of COVID-19 on the community and the potential benefits of online gatherings. They conclude by emphasizing the need for a dedicated talent development platform, increased interaction between environmental law and energy law scholars, and efforts to engage European environmental law practitioners. [Extracted from the article]

Copyright of Cuestiones Políticas is the property of Revista Cuestiones Politicas 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 Lan Harremanak - Revista Relaciones Laborales is the property of Lan Harremanak 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 process of harmonizing national legislation with European norms is a dynamic, continuous one and aims to ensure the harmonization and compatibility of domestic law norms with the legal system of the European Union, by adding, amending or supplementing national normative acts in accordance with the rigors of European law. In this way, the legal norms of European law become a component part of the national law system. [ABSTRACT FROM AUTHOR]

This paper examines the central role of European environmental law in promoting sustainable development, regional integration, and globalisation. It examines the evolution of European environmental law, highlighting its historical development and its importance in the European sustainable development agenda. The relationship between European environmental law and regional integration is analysed, with an emphasis on cooperation between Member States and harmonisation of national legislation. It also discusses the contribution of European environmental law to global efforts to address environmental challenges, including the convergence of international standards and the role of the EU in international negotiations and agreements. [ABSTRACT FROM AUTHOR]

Childhood sexuality is a culturally constructed notion, which has constantly been subjected to change. Various constructions of childhood sexuality represent different attitudes toward children's engagement in sex. As a substantial factor in regulating children's sexuality, a country's age of consent legislation is an important indicator of the national legislators' attitudes toward childhood sexuality. This study summarizes four main discourses around child sexuality, ranging from traditional constructions that solely focus on protecting the child's "innocence" to modern notions that provide more leeway for children to explore their sexuality. By juxtaposing these discourses against the current age of consent laws in 57 European jurisdictions, it appears that national law makers in Europe are still mainly influenced by the traditional construction of childhood sexuality, which results in various negative consequences. To avoid the disconnect between academic discussions about childhood sexuality and legislators' rationales for their actions, it is recommended that legislators take the latest findings in academia into account and reflect on the rationales behind their legislation. [ABSTRACT FROM AUTHOR]

Homelessness is without a doubt a global phenomenon, constantly increasing at an alarming rate. Although discourse about homelessness is predominantly linked to discourse about inadequate housing, homelessness does not only amount to a breach of the right to housing, but furthermore constitutes a violation of a broad range of human rights, including non-discrimination. This article discusses how homelessness and discrimination mutually exacerbate and magnify one another, creating a vicious circle. The article places homelessness in a human rights framework, arguing that enhancing the anti-discrimination legislation is an essential component of breaking this vicious circle. In particular, the article suggests acknowledging homelessness as a protected ground under anti-discrimination law, illustrating how expanding the list of protected grounds in anti-discrimination law in Europe is expected to reinforce the effectiveness and coherence of the anti-discrimination legal framework and encourage its implementation, by remedying some of its shortcomings vis-à-vis people experiencing homelessness. [ABSTRACT FROM AUTHOR]

Copyright of Europarecht (05312485) is the property of Nomos Verlagsgesellschaft mbH & Co. KG 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 Técnica Tributaria is the property of Asociacion Espanola de Asesores Fiscales 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 Técnica Tributaria is the property of Asociacion Espanola de Asesores Fiscales 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 Athenaeum: Polskie Studia Politologiczne is the property of Faculty of Political Science & Security Studies Nicolaus Copernicus University 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 A&C - Administrative & Constitutional Law Review - Revista de Direito Administrativo e Constitucional is the property of A&C - Revista de Direito Administrativo & Constitucional (Instituto Bacellar) 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 Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin 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 Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin 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.)

European financial regulation consistently gives governments privileged access to private investors, reflecting the anchor role assigned to sovereign securities as safe and liquid assets for the financial system. Legislative reforms after the financial crisis of 2008 further expanded the preferential treatment of sovereign securities as zero-risk claims, introduced portfolio requirements in favour of public debt, and constrained market speculation against governments. These sovereign privileges appear counterproductive for fiscal discipline and financial stability: they encourage excessive public debt issuance and make financial institutions holding government bonds - in particular from euro area countries with a variable risk profile - vulnerable to fiscal turbulence. Governments seem to have a conflict of interest. On the one hand, they are prudential regulators of financial risk-taking, on the other hand, they tend to overlook the financial sector's exposure to sovereign risk. This article considers four theories of the state-finance nexus and their solutions to this conflict of interest. The money view, the franchise view, and the modern financial repression view draw on the state's monetary and regulatory powers over finance to confirm sovereign safety. Their positions fundamentally contrast with the neoliberal view, which relies on free markets to enforce sustainable public finances. The article concludes that sovereign privileges present a fundamental dilemma for European financial governance with a neoliberal orientation: they oblige private investors to hold public debt, while weakening the role of markets in promoting fiscal discipline as the very foundation of sovereign safety.

The development of information technologies and the Internet and the commission of criminal acts in this new environment leads to the emergence of transnational, high-tech crime. Competent bodies for the fight against crime are hindered in achieving results by the traditional division into national jurisdictions, while there are no such restrictions for perpetrators. Cyber activities cause great damage and consequences to natural or legal persons, illegally appropriate financial resources and protected data. The specificities of high-tech crime require the specialization of state authorities because in the fight against crime, individual rights, privacy and freedoms of individuals must not be jeopardized. The aim of this paper is to show how the legislation of the European Union (EU) and the activities of its institutions improve the prevention, investigation and prosecution of perpetrators and build capacities in the judiciary. Harmonization of domestic law with EU law in the field of combating cybercrime is provided for in Chapter 24 of the "Justice, Freedom, Security" negotiations. In answering the question of what are the legal aspects of combating cybercrime in the EU, historical-comparative, content analysis and deductive methods were used.

In the construction of Europe, the rule of law is considered the foundation of all the values on which the European Union is based, and its observance is an indispensable condition for the observance of the other values of the Union, in other words, of its existence. In Article 2 of the Treaty on European Union, we find the provision that the rule of law is one of the fundamental values on which the Union is founded, which is joined in the text by respect for human dignity, freedom, democracy, equality and respect for human rights, including the rights of persons belonging to minorities. Given the importance attached to this principle, it is only natural to remain concerned and to ensure that all Member States comply with it at all times and that it is constantly monitored. In recent years, in various states, amid complex external situations and due to the economic crisis felt worldwide, there have been political actions considered to be "at the limit of the law", which were considered to affect the rule of law. All this has forced the Union to take concrete measures to strengthen the rule of law in order to prevent democratic slippages that could jeopardize the security of European construction. We will refer below to the regulations contained in the content of the Treaty of Lisbon applicable in situations of deviation from the rule of law.

This article argues that under EU law, the EU and its Member States can withdraw from a multilateral agreement such as the Energy Charter Treaty independently of one other. While loyalty obligations may require the EU and its Member States to coordinate their actions under a mixed agreement closely, all can withdraw. The autonomous nature of EU law does not allow Member States to prevent the EU from taking decisions within its competence. Similarly, as the European Court of Justice maintains, under EU law, the EU and its Member States are only ratifying those parts of the agreement that fall within their competence - thus, Member States are entitled to cease exercising their powers through withdrawal. However, this power to withdraw unilaterally is not without complications. First, it may affect the ability of others to remain a party to the Energy Charter Treaty under EU law. Second, where not all Member States and the EU withdraw, 'incomplete mixity' raises several complicated questions under international law, particularly those concerning international responsibility and investor-state dispute settlement provisions. Coordinated withdrawal by all Member States and the EU is, therefore, the preferred policy option. [ABSTRACT FROM AUTHOR]

The transformation of societies and economies towards climate neutrality is a highly complex multi-sectoral and multi-level challenge. This paper examines the multi-level dimension of climate policy with particular reference to the European legal framework and the example of Germany. It analyses how regional and local governments are engaged and whether, in this regard, the existing arrangements of multi-level climate governance can be considered adequate and effective. In the light of the basic principles of federalism theory and in view of the - failed - German multi-level approaches to energy transition it is concluded, in particular, that federal climate governance must build not only on European and national objectives but also on regional and local climate targets and policy planning schemes as a means of both ensuring sufficient transformation efforts and preserving as much autonomy as possible for regional and local communities. [ABSTRACT FROM AUTHOR]

The reasonable expectations standard permeates European contract law. An influential objection against reasonable expectations, related to it being formulated as a standard, is its apparent vagueness: it does not sufficiently specify its criteria, and is thus redundant in providing guidance for individuals' behaviour. This article argues that European contract law clarifies the content of reasonable expectations by identifying different grounds for them – mandatory rules, action-based rules, default rules, indicative rules, industry-related rules and (unregulated) practices – and establishing a relatively structured hierarchy between them. For this reason, the standard of reasonable expectations contributes to effective guidance for the behaviour of subjects of European contract law. [ABSTRACT FROM AUTHOR]

The cross-border character of the designer drugs crimes forced the UE countries to cooperate in criminal prosecution. At first sight, in European Union law, there are proper instruments to enforce such cooperation. The Framework Decision on the European Arrest Warrant introduces the model of cross-border prosecution and abandons the requirement of double criminality in case of the group of the 32 crimes, listed in the Article 2 (2) of the FD EAW. The question is whether such a simple variant of EAW (without checking double criminality) may be enforced in designer drug cases. The work presents an argumentation that the normative meaning of Article 2 (2) of the FD EAW has to be established under European and international law. As long as a particular new drug is not internationally recognized as 'psychotropic substance' or 'narcotic drug', its trafficking cannot be treated as one of the 32 crimes, mentioned above. [ABSTRACT FROM AUTHOR]

Copyright of Historische Zeitschrift is the property of De Gruyter 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.)

In customs preference schemes, prison labour is primarily viewed as unfair competition, to be rejected out of hand. This form of employment can, however, be understood differently, notably by considering the conditions under which it may constitute decent work, and by seeing it as a tool for rehabilitation. Following an in‐depth legal analysis, in which they compare the relevant standards of the ILO to EU and WTO customs regulations in the light of the capability approach, the authors call for the development of a set of rules drawing on several branches of law relating to prison labour. [ABSTRACT FROM AUTHOR]

In the article two different international protection mechanisms for persons who are forced to leave their homes for the sake of personal safety and the safety of their children (refugee status and temporary protection) which are currently provided for in European law are examined and compared. The main international document that regulates the issue of refugees is the UN Convention on the Status of Refugees of 1951. The issue of temporary protection is regulated by the EU Council Directive № 2001/55/EC of 07/20/2001, which was activated for the first time in history by the EU Council Decision № 2022/382 of 03/04/2022 to protect persons fleeing Ukraine due to a large-scale invasion by Russian armed forces began on 24 February 2022. The grounds for obtaining refugee status are individual and internal in nature (reasonable fears of a person becoming a victim of persecution), and therefore a long and complex administrative procedure for obtaining it. The grounds for obtaining temporary protection have a collective and obvious external nature (a mass influx of forcibly displaced persons in connection with a real threat), and, accordingly, the maximally simplified and fast (immediate) procedure confirming that the person is covered temporary protection. [ABSTRACT FROM AUTHOR]

The paper looks at contracts and contract law as a place of both commodification and resistance to commodification. Commodification and contract are connected through the lens of flexibilisation, seen in particular as one party's unilateral prerogative to adapt the content of the contract's performance. Flexibilisation in this sense works to entrench the market mechanism (qua responsiveness to price and demand dynamics) in situations where marketisation makes the realisation of long-term human needs rely on the short-term horizon of market operations. Two such contexts of marketisation in the context of European Private Law are considered as examples, namely transfer of enterprise and acquisition of a (household) customer portfolio in energy markets. The paper argues that 'taking contractual equality seriously' can contribute to decommodification -- or at least throw some sand in the wheels of commodification. [ABSTRACT FROM AUTHOR]

The purpose of this study is to highlight the importance of the CJEU's referral with preliminary questions, but also to sound an alarm about the laxity with which some national courts allow such requests. We also wish to point out that more and more national courts tend to send requests for preliminary questions to the CJEU which actually appear to be asking for guidance from the Court on the national dispute and not for clarification or interpretation of the Treaties or European law. In order to achieve the objectives of this approach, using the comparative and logical method, we shall analyse the specific legislation, the relevant case law of the Court of Justice of the European Union as well as the practice of national courts. The starting point for the analysis shall be the provisions of Article 267 of the Treaty on the Functioning of the European Union, through which we shall analyse the conditions for the admissibility of a reference for a preliminary ruling. We shall also highlight the importance of the role of the national court in analysing the usefulness of the referral to the CJEU, in relation to the subject matter of the dispute, as there is no obligation per se to refer. We have proposed this scientific approach as an observation of the superficiality with which national courts are increasingly granting requests for referral to the CJEU, without a rigorous analysis of both the express conditions of Article 267 TFEU and the usefulness of a possible response from the Court in the specific case. [ABSTRACT FROM AUTHOR]

The article attempts to propose an alternative provision that the legislator could incorporate into German law instead of the existing Section 25f of the Value Added Tax Act (UStG) in order to address the existing implementation deficiencies. It mentions proposed criteria are explained based on existing European Court of Justice (EuGH) decisions, subsequently, a brief comparison is made between the implementation of the abuse case law by the German judiciary and the German legislator.

The article analyzes the unlawfulness of evidence in the case law of the European Court of Human Rights (ECtHR) and its relationship with the right to a fair trial. It examines a two-level analytical model to determine whether the violation of fundamental rights in obtaining evidence implies a violation of the right to a fair trial. Different scenarios of unlawful evidence are addressed, such as obtaining evidence through torture, inhuman or degrading treatment, police provocation, and violation of the right to privacy. The article also discusses the application of the rule of exclusion of unlawful evidence in the Spanish legal system and the influence of ECtHR case law in this matter. The article summarizes the doctrine of the ECtHR regarding the right to remain silent and not to self-incriminate in criminal proceedings. The ECtHR establishes that these rights are essential guarantees that are part of the right to a fair trial, even if they are not expressly recognized in the text of the European Convention on Human Rights. The Court jointly and alternatively analyzes these rights in its judgments, considering them as part of the same right. However, ECtHR case law on this issue tends to be casuistic, and there is no uniformity in the factors that can be considered to determine the fairness of the trial. [Extracted from the article]