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Copyright of Rechtswissenschaft (Baden-Baden) 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.)

The European Association of Law and Economics (EALE) grants a biennial Lifetime Achievement Award and Honorary Membership to a scholar "for his or her significant contributions to the field of Law and Economics, in particular to the development of this scientific movement in Europe." Ariel Porat was the recipient of the EALE award in 2020. As per tradition, the recipient of the award is asked to deliver the EALE Award Lecture the year after the announcement of the prize—an event that, due to the pandemic, was postponed until the 2022 EALE Annual Meeting, which was held in Lisbon (Portugal), on September 15, 2022. The award lecture will be published in the Review of Law & Economics, following these remarks on Ariel Porat's significant contributions to the field of law and economics. [ABSTRACT FROM AUTHOR]

Copyright of Revista Română de Drept European is the property of Wolters Kluwer Romania 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 parties come to a plea bargain, based on which the defendant receives a reduced punishment than would be appropriate in a formal trial. Based on its core, it is obvious that the given system largely favors the accused, but after a thorough investigation, we can see that several significant concerns need to be addressed right now. The purpose of the paper that is being provided is to examine the plea bargain, its growth over time, and its status in three distinct states. The writers of the article examine the realities in Germany, Georgia, and the United States of America, which will be a fascinating depiction of the present situation. The study of the facts provided will be highly fascinating and varied in this regard because the United States of America is a country of Anglo-American law, and Germany and Georgia are countries of continental European law. The article will examine not only the legislative history of the described issue in the given states but also genuine situations, using which the problematic elements of this institution in all three nations will be distinctly highlighted. As a conclusion, the authors' viewpoint on the current models in each of the three states will be stated. [ABSTRACT FROM AUTHOR]

Copyright of Belügyi Szemle / Academic Journal of Internal Affairs is the property of Ministry of Interior of Hungary 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 Internationales Handelsrecht 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.)

Copyright of Wirtschaft und Wettbewerb is the property of Fachmedien Otto Schmidt 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.)

Plastic surgeons are trained to perform a wide repertoire of surgeries—ranging from standard local procedures to highly specialized operations. Therefore, plastic surgeons treat a plethora of clinical presentations and address multiple patient needs. Their daily workflow is increasingly entwined with legal topics. The concrete legal interpretation falls within the remit of legal experts. However, by understanding the legal basics of selected surgical procedures, plastic surgeons may generate synergies in patient care and clinical practice. The legal situation is to be elucidated based on the German Basic Law (GBL) and the European Convention on Human Rights (ECHR). Level of Evidence V: "This journal requires that authors assign a level of evidence to each article. For a full description of these Evidence-Based Medicine ratings, please refer to the Table of Contents or the online Instructions to Authors www.springer.com/00266." [ABSTRACT FROM AUTHOR]

THE EUROPEAN PUBLIC PROSECUTOR'S OFFICE IS AN INDEPENDENT AND DECENTRALISED PROSECUTION OFFICE OF THE EUROPEAN UNION, WITH THE COMPETENCE TO INVESTIGATE, PROSECUTE AND BRING TO JUDGMENT CRIMES AGAINST THE EU BUDGET, SUCH AS FRAUD, CORRUPTION OR SERIOUS CROSS-BORDER VAT FRAUD. THE EUROPEAN PUBLIC PROSECUTOR'S OFFICE OPERATES AS A SINGLE OFFICE ACROSS ALL PARTICIPATING EU COUNTRIES AND COMBINES EUROPEAN AND NATIONAL LAW ENFORCEMENT EFFORTS IN A UNIFIED, SEAMLESS AND EFFICIENT APPROACH. [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.)

Copyright of Anales de Derecho is the property of Servicio de Publicaciones de la Universidad de Murcia 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 world of culture and, in general, in all artistic disciplines, is being shaken by the great advance of Artificial Intelligence. The copyright recognized to the creators by the Intellectual Property Laws in Spain and in Europe, deny the authorship of the works made by AI, while the copyright of the creations is already beginning to be recognized in other legislations by the co-authorship of the work, which will undoubtedly affect the future of copyright due to the universal reciprocal recognition and the inferior position in which the human author is compared to the cybernetic author in the cultural activity. Finally, we will analyze the proposal of the new European Regulation, the basis for the application in the Member States of the European Union of the new European Copyright Regulation of AI programs. [ABSTRACT FROM AUTHOR]

Is it more environmentally friendly to replace an existing building with a new one or to renovate the existing property? This paper addresses how to frame and evaluate this question. Although several previous studies exist, their methods lack a harmonised set of practice. A new framework is introduced that adopts the concept of consequential replacement framework (CRF) for life cycle assessment (LCA) which had previously been applied to vehicles. The application of the CRF to buildings is demonstrated with case studies on school buildings in Finland. Three alternative cases are examined: the refurbishment of a 1950s school; extending it with an annex; and demolition and replacement with a new concrete or timber building. As the European environmental impact regulation of buildings pertains to CO2 emissions, the paper also focuses on CO2. The case studies demonstrate that refurbishment in Finland is a more climate-friendly alternative to demolition and new build. The studied new buildings' better energy efficiency is set off for decades by the carbon spike caused by the embodied CO2 in their materials. The CRF is shown to be a methodologically sound, easily approachable framework for evaluating immediate environmental consequences of decision-makers' retention or replacement choices, suitable to different contexts. [ABSTRACT FROM AUTHOR]

This paper analyses new fact-finding methods in criminal proceedings, using state-of-the-art innovations in neuroscience and artificial intelligence (AI). It will outline the existing methods and explain their effects. Then it will address the criminal-law aspects of the use of such methods as evidence in criminal proceedings, with an emphasis on the assessment of their admissibility from the perspective of the right to a fair trial and the privilege against self-incrimination. This topic will be observed from the perspective of US and European law, highlighting the existing jurisprudence of the European Court of Human Rights (ECtHR) and the legal standards established by the court in relation to the privilege against self-incrimination. Based on this analysis, the authors will formulate a conclusion suggesting that the use of current AI technologies should be juxtaposed to the relevant benchmark of the privilege against self-incrimination as the requisite standard of the right to a fair trial. [ABSTRACT FROM AUTHOR]

The article is a review of the book "The Rule of Law: A Historical Introduction" by Pietro Costa. The book analyzes the meanings and definitions of the rule of law in different European contexts, such as Germany, France, Great Britain, and Italy. Costa shows that the modern and liberal idea of the rule of law, emerged in the 19th century, introduced legal limitations to sovereign power in favor of individuals. The book highlights the importance of understanding the historical significance of the rule of law in order to comprehend its evolution and its relationship with political power and law. [Extracted from the article]

Laws should endure and change only if assumed benefits don't materialize over time. Yet frequent modifications of laws shortly after their enactment distort this compromise between stability and change. While, Impact Assessments (IAs) are designed to improve the quality of legislation, we know little about IAs' impact on legal stability post‐enactment. We fill this gap by analysing whether the ex‐ante application of IAs influences the incidence and frequency of legal modifications. The analysis is based on a complete dataset of more than 2500 laws in France, Hungary, Italy, and the UK between 2006 and 2012. We apply a comparative event history analysis to account for both first and subsequent modifications. We find across‐the‐board that IAs are associated with legal stability. IAs are predicted to have the largest effect when political power changes both in terms of seat shares and party ideology, suggesting that IAs can, to some degree, tame legislative drift. [ABSTRACT FROM AUTHOR]

This article focuses on the compatibility of electronic enforcement proceedings and the right to a fair trial. Since Article 6 of the European Convention on Human Rights is applicable to enforcement proceedings, enforcement proceedings must be effective and satisfy the requirement of fair trial. Electronic enforcement proceedings need to find a fair balance between accelerated enforcement and protection of human rights. Thus, the authors analyse what procedural guarantees of fair trial are applicable in electronic enforcement proceedings and how they are compatible with the protection of human rights. In order to answer these questions, the authors first analyse what procedural guarantees of fair trial are applicable in electronic enforcement proceedings and what is the application, ratione personae, of Article 6 of the ECHR in such proceedings. Second, the authors focus on some specific issues of electronic enforcement proceedings: electronic issuance and submission of enforceable documents and electronic auctions. The analysis encompasses the relevant case law of the European Court of Human Rights, and the regulation of enforcement proceedings and case law of various states. Third, the authors discuss the problems of liability for violations of the right to fair electronic enforcement proceedings. [ABSTRACT FROM AUTHOR]

Admissibility of illegally obtained evidence is one of the most complex issues in criminal proceedings. European continental legal system countries have adopted various legal solutions regarding the methods of assessing and excluding illegal evidence from criminal proceedings. The European Court of Human Rights does not have jurisdiction to decide on the admissibility of evidence in national criminal proceedings. Instead, based on a “holistic approach,” the European Court of Human Rights decides whether the national criminal proceedings as a whole were fair, taking into account the manner of obtaining and assessing the evidence. This paper explores and analyzes the key positions of the court in cases concerning the use of illegally obtained evidence in national criminal proceedings. The key positions of the European Court of Human Rights should serve as guidelines in the application of national law in Council of Europe member states. The paper can serve as a useful tool in further research on the compatibility of the application of domestic law with the standards of the European Court of Human Rights. [ABSTRACT FROM AUTHOR]

Freedom of expression is a fundamental human right protected by the major international human rights instruments and national constitutions. The right to freedom of expression is treated as one of the key elements of a democratic society and it can be considered essential to human dignity. However, this right is not absolute and it can, if certain preconditions are met, be subjected to limitations, as indicated by the provisions of the European Convention on Human Rights, as well as the case law of the European Court of Human Rights. Judges also enjoy the right to freedom of expression. Although the participation of judges in debates on matters of public interest is considered very important, especially when it comes to the regulation of the status of judiciary, the nature of the judicial function dictates restrictions on the freedom of expression of judicial office holders in order to protect public confidence in the judicial branch of government and its reputation. Public expression of personal views may raise dilemmas regarding the impartiality of a judge. The paper will draw attention to the importance of protecting the freedom of expression of judges, but also to the issue of necessity and legitimacy of its restrictions. Legal provisions regulating the right to freedom of expression of judges in Bosnia and Herzegovina will be examined, as well as examples from the practice of disciplinary bodies relating to the exercise of the aforementioned right. Legislative solutions adopted in Bosnia and Herzegovina will be compared with provisions adopted in other countries and subjected to critical evaluation. [ABSTRACT FROM AUTHOR]

The objective of this paper is to evaluate the law of the Council of Europe (CoE) regarding protection of the human rights of elderly in crisis situations using the examples of the armed conflict in Ukraine and COVID-19. Given this, the paper is divided into two main parts. The first part analyses the response of the Council of Europe bodies to the measures influencing the rights of elderly introduced by the governments of the CoE member states in relation to COVID-19. The second part is devoted to the specifics of the legal regulation of the human rights of the elderly during armed conflicts, applying the example of the war in Ukraine. The Conclusions focus on the comparison of the protection of older people in the two mentioned crisis situations, i.e. with regard to the war in Ukraine and in connection with COVID-19. The author is of opinion that the rights of older persons received more attention in times of the health crisis than during the armed conflict. [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 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.)

The recognition of the right to life, as well as the right to die, is a sensitive subject to be addressed, but also topical, as the approach to these two rights is a multidisciplinary one, in relation to legislative, religious, medical, social provisions. A person's right to die involves compassion for physical and mental suffering, translated into a deliberate act of ending a person's suffering, with their consent. In the analysis of the two rights, namely the right to life and the right to die, we notice that, surprisingly, we cannot dispose of them, even if, in many states, both euthanasia and assisted suicide are legalized, the legislator omitted to draw with accuracy the limits of the exercise of these fundamental principles of man, and a major problem that can arise precisely from the lack of limits of the exercise of the right to death, is reprised by "death tourism2. [ABSTRACT FROM AUTHOR]

Copyright of IgualdadES is the property of Centro de Estudios Politicos y Constitucionales 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 study shall present the consequences of the paradigm shift in thinking about law that took place in Ancient Rome (primarily, but not exclusively, in the early republic). It will present what distinguished the Roman concept of law from the concept of law present in other ancient laws, and what is still a living heritage of Roman thought, even if we do not realize it on a daily basis. Roman law will be compared with other laws of the European cultural circle, and therefore, apart from ancient Greece, the so-called Eastern despotias and the state (states) of the Jews. However, it is more about ideas than specific solutions. Therefore, in the comparative material will be also included the Muslim law, although it was created after the promulgation of the Justinian Code, considered the final stage in the formation of ancient Roman law. The Muslim law is however - in a sense - an heir of Middle Eastern legislation and expresses an alternative to Roman way of thinking about law. The aim is to show not only what distinguishes Roman law from the laws that precede it or its contemporaries, but what distinguishes Roman law from other possible ways of looking at laws in general. As a research hypothesis is presented the statement that the fundamental for the development of European legal culture were not so much specific Roman normative solutions, but a change in the paradigm of thinking about law: its secularization, understood as a break with divine origin or the sanctioning of law, and its professionalization, understood as the development of a specific category professional people dealing with the analysis and interpretation of law. At the end it is presented an open question why the secularization of the law happened only in Rome and why it ever happened there although in all other analyzed legal systems the connection between law and religion was never surpassed which this did not prevent the formation of a precise and sublime law, as was the case of the Islamic world. [ABSTRACT FROM AUTHOR]

Copyright of Ankara Review of European Studies (ARES) / Ankara Avrupa Çalışmaları Dergisi (AAÇD) is the property of Ankara University European Union Research Centre 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 Themis: Revista de Derecho is the property of Themis Asociacion 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 Actual Problems of Jurisprudence / Habaršy. Zan̦ Seriâsy is the property of Al-Farabi Kazakh National 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.)

The article offers information about the dilemma faced by the European Court of Human Rights when dealing with cases involving hate speech by politicians. It mentions that the hate speech by politicians can have broad reach and consequences due to media coverage and may impact particular groups' enjoyment of human rights. It also mentions that some expressions of hate speech may be considered an abuse of the right to freedom of expression.

The article underlines the issues surrounding international (second) ship-registers from a labour law perspective. The registers specifically analysed are the French, German, and Italian registers. The spread of international registers in the EU is bringing the working conditions onboard European ships into line with those prevalent in developing countries. Moreover, these registers can lead to wage dumping and pay discrimination, creating challenges for the employment prospects of European seafarers. Consequently, on a few occasions their legitimacy in relation to constitutional principles and European law has been questioned. Given their impact on workers, the author believes international registers cannot be considered a viable solution to the shipping crisis affecting the European Union Member States. [ABSTRACT FROM AUTHOR]

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 Gripla is the property of Stofnun Arna Magnussonar i islenskum fraedm 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 Derecho Comunitario Europeo is the property of Centro de Estudios Politicos y Constitucionales 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 work represents a critical analysis of legal unification attempts at transnational, European level. The author asks whether it would be useful to codify private law at the European level? He criticizes the ways in which those with the political will to achieve such unification seek to achieve the goal, and ultimately believes that the only correct and natural path to legal unity is an approach that uses a common past as the most obvious and natural starting point for analyzing and understanding the development of modern law. [ABSTRACT FROM AUTHOR]

Copyright of European Mirror / Európai Tükör is the property of National University of Public Service 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 present paper analyses the actual state of implementation of ESG practices in the Romanian food sector. It is aimed at determining the commitment of medium and large enterprises to such practices, as imposed by European law. Environmental, social, and governance factors are assessed through a questionnaire among employees of selected companies. Findings show that there is an increasing ESG commitment in Romanian large companies, but there still are aspects that need significant improvement. [ABSTRACT FROM AUTHOR]

Copyright of Die Unternehmensbesteuerung (Ubg) 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.)

The translation of European Union (EU) law can be seen as a specific case of international law translation and thus relevant only to legal translators. The author argues that concepts related to EU law and tools developed by the EU to support translators should be taught as early as possible to all undergraduate students of translation. This is due to two specificities of European law: it covers a great range of different areas, many of them of a technical nature, thus being useful to many (if not all) translators outside the legal field; and it is mentioned in many non-legal texts, from catalogues to journalistic texts. Therefore, professional translators are bound to find references to EU law throughout their careers and should know how to deal with them and how to avoid common pitfalls. Furthermore, tools created by the European Union -- terminology tools, publicly available translation memories, and provision of legislation in multilingual format -- are very useful to any translator and knowing how to use them is a skill essential to translation professionals. This study will make suggestions for teaching principles, tools and common sources of translation errors related to EU law to students who do not have any form of legal training. [ABSTRACT FROM AUTHOR]

Copyright of Anales de Derecho is the property of Servicio de Publicaciones de la Universidad de Murcia 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 paper deals with European legal approach to combat environmental crime. It is divided into three sections. The first section analyses its legal framework, namely the Convention on the Protection of Environment through Criminal Law of 1998, the Directive 2008/99/EC on the protection of the environment through criminal law and the Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements. The second section is focused on crimes and sanctions as defined by mentioned documents. The last third section briefly introduces European networks and agencies combating environmental crime, namely the European Network against Environmental Crime and the European Maritime Safety Agency. [ABSTRACT FROM AUTHOR]

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.)

From the nature and rationale of universal jurisdiction trials it follows that the right to information in the form of interpretation and translation is an essential factor in strengthening the nexus between the trial and the victims and affected communities. This normative standard is enshrined in legal rights in the international, EU and ECHR dimension, which applies to victims in particular but to affected communities as well. Although Germany is a frontrunner in investigating and prosecuting international core crimes committed in Syria it leaves a gap with this normative standard. A lack of information and outreach to victims and affected communities poses a risk of their rights becoming lost in translation. It follows from the cases of Anwar Raslan & Eyad Al-Gharib, Taha al-Jumailly and Alaa M that the most pressing problems include a lack of documentation, simultaneous interpretation, Arabic interpretation, and information available to the public. To close the information gap and facilitate 'ownership of the proceedings' to those affected by heinous crimes, a shift in policy of the domestic prosecutor is required: towards a service-oriented and victim centred approach. This conclusion leads to some practical recommendations that could be adopted across many European jurisdiction. [ABSTRACT FROM AUTHOR]

The article informs on the laws governing the European Union internal market transitional regulations related to inventory. It mentions the maintenance of national tax sovereignty and therefore a transitional regulation he taxation of goods when crossing the border to import tax there, but obliges the entrepreneur and certain non-entrepreneurs to report the so-called intra-community acquisition to their tax office themselves as part of their value-added tax declaration obligations.

Introduction. The article considers one of the most important issues of constitutionalization of EU law, namely the processes of internal structuring of the constitutional law of this supranational entity. The author substantiates the opinion that together with the expansion of the EU's competence and the strengthening of the processes of interstate integration within the framework of the EU constitutional law, the institution of European governance is gradually crystallizing. In the system of constitutional law of the EU, this institution occupies a place similar to that in national legal systems occupies the institution of the form of government. The Institute of European Governance reflects the modus operandi (from the Latin "method of action") of the EU as a supranational entity, which has significant specifics in terms of institutional and functional organization and mechanism for developing and implementing government decisions. The process of forming European governance and filling it with specific content takes place within the general process of "setting political and legal standards", based on the latest advances in political and legal theory and practice and reflecting the highest requirements for quality governance and EU rights and freedoms. Summary of the main research results. Today the European Union has accumulated significant experience in reforming and improving public administration and public service, although these areas are not directly regulated by the acquis communautaire. Therefore, today the acquisition in the field of public administration and public service organization mainly takes the form of "soft law" and "soft standards" - White Papers and communications of the European Commission, recommendations of conferences of ministers responsible for public administration and / or heads of departments of public services etc. A systematic analysis of EU legislation suggests that the most significant distinguishing features of European governance are that it is based on the principles of good governance, multi-level (including network) governance, the rule of law and respect for human rights. Initially, European governance had the character of an intersectoral principle that determined the order of organization and activities of public authorities within the EU in all areas of the functioning of public administration, but after the adoption of the Charter of Fundamental Rights of the EU and giving it the force of the founding treaties of the EU (i.e., giving it essentially the status an integral part of the unwritten constitution of the EU), where one of the fundamental human rights is the right to proper governance, this principle is actually brought to the level of the foundations of the constitutional law of the EU. Conclusions. The conclusion is substantiated that European governance from the point of view of the constitutional law of the EU means good, multi-level, subordinate to the law and “respectful of human rights” governance. The transformation of the concept of European governance into the EU legal system is a vivid example of the constitutionalization of this supranational entity. In the system of constitutional law of the EU, European governance as a political and legal concept has become a fundamental constitutional principle, one of the foundations of the constitutional order of the EU. Ukraine's course towards European integration leads to the need for full implementation of the requirements of European governance in political and legal practice and national legislation.

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.

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

Judicial independence is essential for ensuring effective judicial protection in each Member State, and becomes an EU-wide concern primarily due to the principle of mutual trust which presumes functional equivalence between Member States as regards their respective legal systems in general and the safeguarding of fundamental rights in particular. As a principle of EU law, it is for the CJEU to determine the contours of judicial independence. National judges as a category of persons have a unique role in furthering EU integration thanks to the principles of direct effect and supremacy of EU law as well as the dialogue with the CJEU in Art. 267 TFEU. This in turn exposes them to greater threats from the executive and legislature when the rule of law is undermined. For these reasons, this paper discusses the rationale and mechanisms for recognising a subjective right of judges to their independence, adding a further tool for guaranteeing the rule of law. [ABSTRACT FROM AUTHOR]

The article "Correction to ‘Watching the guards: Ensuring compliance with fundamental rights at the external borders’" in the European Law Journal discusses the means the Commission has to address non-compliance with the Schengen borders acquis and fundamental rights at external borders. It examines the Commission's enforcement powers, alternative instruments like SEMM and VAM, and the use of conditionality in funding instruments for immigration management. The article suggests that while alternative compliance management methods may enhance oversight, they may only complement the Commission's enforcement powers in ensuring respect for fundamental rights. [Extracted from the article]

Copyright of FinanzRundschau 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.)