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An international dispute between the Republic of Poland and Czechia over the Turów mine has recently resulted in infringement proceedings brought before the Court of Justice of the European Union concerning the implementation of the Water Framework Directive. This case and the judicial and extrajudicial processes surrounding it facilitate an assessment of the procedure provided for in Articles 258 to 260 of the Treaty on the Functioning of the European Union. The assessment of this procedure is undertaken both in terms of the achievement of the internal policy objectives of the Member State and in terms of the effectiveness of the implementation of European law. We argue that this procedure (under Articles 258–260 of the Treaty on the Functioning of the European Union) is effective in both connections, because it provides a wide range of opportunities for both the judicial authorities of the European Union and the Member States themselves to achieve their objectives. [ABSTRACT FROM AUTHOR]

Power is exercised through truth claims, as seen in the case of Dutch colonialism in Indonesia. Gertrudes Johan Resink, a scholar of international law, successfully exposed the history of Dutch colonialism in Indonesia and demonstrated the pre-existence of international law before European expansion by considering the role of international law in Indonesia’s history. This article examines Resink’s legacy and the potential for elaborating further on his ideas in Indonesia’s history of international law. Although this article deals with a specific context, the Indonesian experience can contribute to the history and development of international law in the region more generally. [ABSTRACT FROM AUTHOR]

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.)

Copyright of Umsatzsteuer-Rundschau 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 article questions digital agency as a subjective experience of refugees when crossing Europe's external and internal borders. More concretely, the article asks how refugees experience digital agency, and how this concrete experience is constituted in specific border practices. In doing so, it examines the contradictions that arise between European laws and human rights in the context of border practices. The analysis of the data of this paper reflects two important components of digital agency: the sense of ownership and control of one's body and actions, and the capacity to think independently and thus make considered choices. This study is based on a qualitative research approach based on narrative interviews. The data was imported to MAXQDA, a software package that allows data to be efficiently collected, organised, analysed and visualised electronically. The article shows how refugees and asylum seekers, when crossing the border to Europe, do not simply enter another country, but a (powerful) institutional system. In having their biometric and digital data collected, they are confronted with several practices of border and risk management that have become routinised and thus 'normalised' on an institutional level. Thus, their digital agency must be understood as precarious, underscored by an installed coercive environment. [ABSTRACT FROM AUTHOR]

Innovation plays a crucial role in defining competitive dynamics. Given this fact, one might expect 'innovation' to play a consistent role in antitrust law. The present article conducts a systematic content analysis of the case law of the Court of Justice of the European Union to test this hypothesis. The findings suggest that EU courts treat innovation inconsistently in competition law cases, often assigning different weight to innovation in similar contexts and neglecting central parameters agreed upon in the literature. To address this inconsistency, the article proposes measures to maintain the predictability of competition law analysis while giving innovation a more central role in the definition of relevant markets, evaluation of market power, and assessment of practices. [ABSTRACT FROM AUTHOR]

The European Data Strategy, published in 2020, aims to turn the EU into a society empowered by data which captures its benefits to generate improvements in health, well-being, the environment, transparent governance, and convenient public services. This article examines the European Data Strategy, focusing on the Data Act and Data Governance Act, and situates them within broader data governance discussions. It argues that the Strategy has at its centre a tension between fostering a robust, fair data market versus scepticism towards market-based data governance mechansims, and analyses to what extent the regulatory techniques the Data Strategy proposes can address this tension. [ABSTRACT FROM AUTHOR]

Technological innovations have increased the number of self-employed workers within the Union bringing changes to the labor market, especially in the last two decades, this has also been done at European level. Given the interest of the European institutions, this contribution aims to explore the role of European labor law in broadening the scope of application of protections and rights to self-employment. The contrast between subordinate work and self-employment is one of the topics of greatest interest to labor law doctrine. Many, both in the past and recently, have questioned the imbalance of protection that sees the employed worker as the privileged beneficiary of protective institutions, while the latter is excluded from most of them. Specifically, the research deals with the classification of self-employment, proposing the introduction of an intermediate category in European labor law. The latter is considered a privileged tool for raising the level of protection of these workers who are operationally and functionally integrated into the client company and increasingly frequent in the job market. [ABSTRACT FROM AUTHOR]

Based on empirical surveys on the use and sharing of data in the German economy in 2021, 2022 and 2023, a number of current European laws, such as the General Data Protection Regulation of 2018, the Digital Markets Act of 2023, and the Data Regulation of 2024, are presented as instruments for increasing legal certainty in the transfer of data and the enforcement of protection of costly acquired data. [ABSTRACT FROM AUTHOR]

Since the 1970s, a liberal politics has dominated comparative abortion law, one almost too ubiquitous to name. This article tracks departures from liberal abortion law in Europe and the Americas that have reshaped the field of comparative abortion law. Section 2 examines the repurposing of liberal abortion law for illiberal ends in a conservative moment of authoritarian governments and their anti-gender campaigns. Drawing on larger ideas of autocratic legalism, the article analyzes how governments and courts have used the features of liberal abortion law to revoke or defeat abortion rights. Section 3 examines the counter-emergence of a feminist protest politics that has abandoned liberal abortion law in a democratic remaking of society and state. Today, in abortion lawmaking through democratized institutions and in the unmaking of abortion law through direct action, feminist movements are reclaiming comparative abortion law and its politics. [ABSTRACT FROM AUTHOR]

Legal confidentiality, an integral aspect of European legal culture and legal services, plays a pivotal role in safeguarding the trust and privacy of professional-client relationships. This study focuses on the multifaceted dimensions of legal secrecy, particularly within the context of commercial lawyers in the European legal services market, using Polish legal advisers as an exemplar. The research explores evolving attitudes, expectations, and perceptions of legal secrecy amidst dynamic legal changes and discrepancies in interpretations among lawyers, public authorities, and citizens.A comprehensive mixed-method approach was used, including surveys, structured in-depth interviews, content analysis, and desk research, to investigate the diverse facets of legal secrecy. Findings reveal that while legal secrecy remains highly esteemed, its interpretation varies significantly across national and EU laws and among stakeholders. There are a multitude of types of legal secrecy, creating confusion and opportunities for public authorities to breach confidentiality.The study underscores the critical need for standardisation and unification of legal secrecy across European countries to enhance cross-border legal services, streamline justice systems, and bolster citizen protection. It emphasises that despite legal and societal changes, the fundamental essence and importance of legal secrecy in upholding democracy, justice, and trust remain steadfast. [ABSTRACT FROM AUTHOR]

Copyright of Umsatzsteuer-Rundschau 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.)

This essay articulates both empirical and historical insights of a distributive analysis, which entails presenting a critical intervention in a legal field dominated by a mainstream scholarly or policy view that is both ideologically tainted and empirically inaccurate. The transition from distributive consequences to what critical scholars refer to as a distributive analysis is a strategic intervention within each specific legal field that ought to be historicised. This article shows how the application of a distributive analysis to two canonical case studies in consumer law and gender discrimination as two distinct and relatively marginal fields in European Union law developed through the jurisprudence of the European Court of Justice. Finally, this article questions whether a distributive analysis, without a theoretical grounding in critical theory, is sufficient to ensure that it is not only an empirical tool but also committed to not perpetuating the existing inequalities within the liberal or neoliberal foundations of the European legal order. [ABSTRACT FROM AUTHOR]

Intrinsic relation between form and substance in law and between the institutional law of the EU and its substantive goals – idea and criteria for a 'substantive core' to the legal order – the internal market as early EU law's substantive core – the EU's changing policy substance and the subsequent 'de-coring' of the legal order – the consequences of de-coring and its impact on EU law's relevance and legitimacy – early attempts to reconcile EU law with the changing substance of EU policy. [ABSTRACT FROM AUTHOR]

The toolbox for resisting illiberalism is quite diverse. It includes high-level diplomatic negotiations concerning sanctions to enforce democracy and citizens' mobilisation for local causes. This article focuses on strategic litigation as legal mobilisation, relying on the language of rights and the rule of law and addressing courts as defenders of liberal democracy. Such mobilisation leads to litigation before national and European courts concerning issues such as media freedom, judicial independence, minority rights or the rights of migrants. In order to be authoritative, however, courts need support from political institutions at national and EU levels from the transnational judicial community and from civil society. The embeddedness in structured civil causes and organisations seems particularly relevant in the context of strategic litigation. This article aims to map out particular factors in the EU legal and institutional systems that directly affect the prospects of strategic litigation against illiberal reforms using EU law. On the one hand, the EU legal system does not provide direct access to the Court of Justice of the EU (CJEU). The multilevel system of judicial protection in the EU means that litigation aimed at resisting illiberalism mostly needs to start before national courts, making it vulnerable to political capture of national judiciary. On the other hand, the EU law system is based on the purposive constitutional framework of the Treaties. The tendency to follow a teleological interpretation of the CJEU makes it a promising ground for advocating for new interpretations of the law in light of a changing social context. Finally, EU law is a system with a particular legal culture and a field of experts who are well-versed in applying that culture. This field does not directly overlap with the specialised lawyers who often initiate strategic litigation; who tend to be experts in the fields of migration, transparency or the environment; and who do not have a broader understanding of EU law and its integration logic. [ABSTRACT FROM AUTHOR]

The article in the journal for the entire criminal law science deals with the subsequent preventive detention according to § 66b of the German Criminal Code. Various cases are analyzed in which this controversial sanction was ordered, including the cases of G., K., L., S., P., and W. The constitutional and human rights issues of this measure are discussed, especially in relation to its compatibility with the Basic Law and the European Convention on Human Rights. Doubts about the legality and proportionality of subsequent preventive detention are expressed. [Extracted from the article]

This article aims to situate Traveller evictions within discussions on local authorities and their role in realising human rights. It focuses on the scenario where local authorities choose to merely tolerate rather than regularise Travellers' housing situation, leading to forced evictions without culturally appropriate alternative accommodation. Through a case study in a Belgian city, three aspects will be examined. First, the local authority's position will be evaluated against the case law of the European Court of Human Rights. Second, the article will analyse the involved actors' human rights engagement. Based on these findings, a third aspect will be to briefly explore three strategies to improve local authorities' human rights performance in this context: to further develop their position within human rights law and strengthen their engagement with the supranational level; to hold local authorities accountable in terms of human rights law at the domestic level; and to integrate a human rights framework into local authorities' daily decision-making processes. It will be argued that these strategies show different strengths and weaknesses, highlighting the importance of cooperation between multiple levels and actors. Taken together, they hold the potential to reinforce each other and promote processes and outcomes truly benefitting human rights implementation. [ABSTRACT FROM AUTHOR]

This paper shall give an overview of the forthcoming changes to EU product liability law as foreseen by the planned new directive. While more details will be given by the further contributions to this issue, the key elements of the proposal will be outlined, with a particular focus on the expansion of the regime to software and other digital products. The contributions to this special issue of the Journal of European Tort Law (JETL) present and analyse the upcoming changes to product liability law in the EU. My task is to give a short introduction to where we stand, why we got here, and what the authors of the following articles will focus on in more detail. [ABSTRACT FROM AUTHOR]

The article addresses the issue of the possibility of retroactive effect of the results of judicial interpretation of criminal law in the context of its legal certainty. It is stated that the effect of a law in time is a manifestation of legal certainty. Predictability of a criminal law does not mean that this law should be understood equally by everyone and be certain and predictable for everyone. Accordingly, courts may interpret criminal law, the result of which should be predictable for the addressee. Based on the case law of the European Court of Human Rights, and also taking into account the theory of "legitimate expectations", which is widely used, in particular, by the Court of Justice of the European Union, and the activitybased approach to the study of legal phenomena, the author proves that the issue of retroactive effect should be resolved not only with regard to the criminal law itself, but also with regard to the results of judicial interpretation provided by the Supreme Court, which is objectified in the form of legal conclusions set out in the Supreme Court's rulings, which are binding on all public authorities which apply in their activities a legal act containing the relevant rule of law, and the conclusions on the application of the rules of law set out in the Supreme Court's rulings are taken into account by other courts when applying such rules of law. If the result of judicial interpretation interprets the criminal law provision that was applicable at the time of the criminal offense more «rigidly», it does not have retroactive effect. If such a result of judicial interpretation is more favorable for the person who committed the criminal offense compared to the interpretation that existed at the time of the criminal offense, then such a result has retroactive effect. The new result of a judicial interpretation of a criminal law provision may have retroactive effect if such interpretation was foreseeable for the addressee of the criminal law and did not violate his legitimate expectations or violate expectations that were not subject to protection for specific reasons. [ABSTRACT FROM AUTHOR]

The article is devoted to the analysis of modern challenges for the theory of the state and law in the context of the development of the legal system of Ukraine. Starting with the introduction, the author emphasises the relevance of the topic and emphasises the need to consider these issues in the Ukrainian context. The theoretical part of the article deals with a historical overview of the state and law, in particular, their development in Ukraine. The author draws attention to the key aspects of the formation of the theoretical foundations that formed the basis of the country's modern legal system. Modern trends in the development of the legal system of Ukraine are also considered. The author analyzes various aspects such as corruption, human rights and the implementation of reforms. The problems and challenges faced by the Ukrainian legal system are highlighted, and possible ways to overcome them are outlined. A separate part is devoted to the influence of globalisation on changes in the concepts of the state and law. The author considers the phenomenon of globalisation as a factor affecting the modern legal system of Ukraine and highlights its consequences and opportunities for further development. In addition, the article examines the role of the Constitution of Ukraine in the formation of the legal system. The author analyzes the basic principles of the state and law enshrined in the Constitution and their significance for the functioning of the country's legal system. Attention is drawn to international experience in solving challenges for the theory of the state and law. The author conducts a comparative analysis of different countries, which allows to highlight the best practices and use them to improve the legal system of Ukraine. A separate aspect is the role of civil society in the formation of the legal system. The author emphasises the importance of active participation of citizens in the legal process and their influence on the development of the legal system. In the conclusion, the author sums up the research and highlights the main conclusions regarding modern challenges for the theory of the state and law in Ukraine. It is noted that the further development of the country's legal system requires complex measures and systemic reforms, as well as the active implementation of best practices and experience of other countries. [ABSTRACT FROM AUTHOR]

The number of countries allowing same-sex marriage is gradually increasing. Currently, 37 countries have laws regulating same-sex marriages, specifying their status and/or the possibility of adopting children. These solutions counter discrimination against same-sex couples and are part of the protection of human rights. Against the background of other countries, the pan-European tendency to accept the institution of same-sex marriage is garnering positive attention, although it is still controversial in some countries. Regulations of European law and the case law of the Court of Justice of the European Union, the European Court of Human Rights and the constitutional courts, which play an essential role in anti-discrimination measures and are in favour of respecting human rights, provide crucial support. This article discusses the evolution of the jurisprudence of the ECtHR, the CJEU and the national courts of selected countries (Slovenia, Spain, Portugal, Germany and Austria) concerning same-sex marriage. It highlights how recognising the right to same-sex marriage does not come at the expense of the rights of others or the public interest. [ABSTRACT FROM AUTHOR]

District heating and cooling networks represent a compelling energy system solution due to their capacity to integrate renewable energies and leverage local surpluses of thermal resources. The meticulous design and optimization of network infrastructure are imperative to fully exploiting the potential of these energy systems. The Life Cycle Assessment of district heating and cooling networks for the purpose of environmental sustainability is a crucial and increasingly demanded aspect, particularly in light of the progressively stringent European regulations. The Life Cycle Assessment methodology could offer an evaluation throughout the entire life cycle of such networks. The proposed review scrutinizes the application of the Life Cycle Assessment methodology to evaluating the environmental profile of district heating and cooling systems. The methods, findings, and challenges are examined through a literature review and case study analysis. The results highlight variations in the climate profile influenced by the network generation type and multifunctionality approaches. The analysis revealed a range of emission factors, spanning from 11 gCO2eq/kWhth to 470 gCO2eq/kWhth for district heating and 6 gCO2eq/kWhth to 64 gCO2eq/kWhth for district cooling. The discussion emphasizes integrating district heating and cooling network management considerations and addressing methodological challenges. This study concludes by proposing future research directions for developing a universal LCA-based tool for district heating and cooling network analysis. [ABSTRACT FROM AUTHOR]

Today, it is appropriate to talk about cooperation between Ukraine and EU member states in matters that are functional for their legal systems. The first is the protection of the rights and freedoms of citizens; providing asylum to refugees from other countries; adaptation of legislation on the regulation of relations in the field of migration, both legal and illegal; fight against illegal employment; and others. It was found that the administrative law of Ukraine is developing in complex political-economic and sociallegal conditions. Therefore, the use of European experience in the field of administrative and legal regulation of social relations in Ukraine should not imply mindless copying, which can negatively affect society and the state. The topic of the research should be the creation of national methodological recommendations on quality indicators of individual branches of law in accordance with the quality standards of legislation and law of the countries of the European Union. The introduction of European approaches to the regulation of social relations at the administrative and legal level in Ukraine must be balanced and adapted so that there is no negative impact on the development of society and the process of state formation. At the same time, the comparative legal study and rational use of foreign experience in the development of administrative law allows to significantly expand the so-called "legal field", enriching it with the experience of foreign countries. The current conditions for the development of administrative law in Ukraine depend on globalization, which affects all spheres of life, affecting the development of unified legal values and democratic principles of European administrative law, and the national administrative law system of individual European countries. In fact, there are two parties of subjects endowed with the corresponding rights and obligations in the field of administrative-legal relations. [ABSTRACT FROM AUTHOR]

The article discusses the principle of equal pay for men and women in Germany, highlighting the gender pay gap and legislative efforts to address it. A case involving a former mayor seeking equal pay under the German General Equal Treatment Act is examined, with a focus on burden of proof and discrimination. The article also references the Pay Transparency Act and recent rulings by the German Federal Labour Court, emphasizing the importance of enforcing equal pay laws in alignment with EU directives. The European Pay Transparency Directive is mentioned as a further step towards gender equality in pay across Europe. [Extracted from the article]

Aim: The aim of this article is to highlight the importance of leveraging Artificial Intelligence (AI) in law enforcement to combat serious organised crime and terrorism, while ensuring responsible and accountable use of AI tools through collaboration and knowledge-sharing among European law enforcement agencies. Methodology: The study uses a descriptive methodology to describe the development and cooperation process through which the Innovation Lab contributes to the innovation development and knowledge sharing of Europol and its member countries. Findings: With the increasing volume and speed of investigative data, AI has emerged as a promising solution to help law enforcement agencies process and analyse large and complex datasets. Europol has been at the forefront of developing and sharing AI tools with its Member States, ensuring their responsible and accountable use. The integration of Artificial Intelligence (AI) in law enforcement investigations has been found to significantly enhance the efficiency and effectiveness of crime fighting, particularly in processing and analysing large and complex datasets. Value: The article highlights the importance of collaboration and knowledge-sharing among law enforcement agencies to keep pace with AI advancements and prevent criminal abuse of these technologies. [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 Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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 problems of legal regulation of alternative (non-military) service in Ukraine. The main objective of the article is to determine the procedure of serving alternative service in Ukraine, to outline the main gaps in laws on the regulation of non-military service, to identify the problems of interpretation of regulatory prescriptions by courts and to find ways of solving these problems. Based on the analysis of the provisions of the Constitution of Ukraine, the Convention for the Protection of Human Rights and Fundamental Freedoms, Law of Ukraine «On Alternative (Non-military) Service», the Law of Ukraine «On General Military Duty and Military Service» and other legal acts, case law of the European Court of Human Rights and national courts, the author makes proposals for improving the legal regulation of alternative (non-military) service in Ukraine. The author concludes that in order to fill the gaps in the legal regulation of alternative service, the following steps should be taken: a) to bring the provisions of the Law of Ukraine «On Alternative (Non-military) Service» in line with the provisions of the Law of Ukraine «On General Military Duty and Military Service» (it is required to replace the concept of «conscript military service» with «basic military service»); b) to clarify the possibility of a person missing the deadline for submitting an application for alternative service for valid reasons; c) to specify and clarify the meaning of the concept of «truth of religious beliefs». The author notes that there are practical difficulties associated with proving the truthfulness of religious beliefs by a person. In this regard, it seems advisable to transfer the legislative provisions from the subjective plane to a more objective one. This can be done by, among other things: replacing the condition of confirming the truth of beliefs with the requirement to confirm active participation in the activities of a religious community (this will allow assessing not the subjective attitude of a person to certain religious views, but his or her actual involvement in «religious life») / establishing specific criteria to be taken into account by authorized entities when assessing the truth of reli gious beliefs of a person. [ABSTRACT FROM AUTHOR]

The EU Treaties contain no provision akin to the clause in the United States Constitution empowering spending in the 'general Welfare', i.e., for the general public good. Nonetheless, supporters of a broad reading of the cohesion flexibility clause, Article 175(3) TFEU, now claim that the EU, in effect, already has that power. The claim is inspired by that clause serving as the sole legal basis for the Recovery and Resilience Facility (RRF). This is the cornerstone of the NextGenerationEU (NGEU) Programme, the EU's massive borrowing and spending initiative that has directed a large amount of money to national priorities to address not just economic consequences of Covid but also longer-term issues of climate change, energy transition, and digitalization. This contribution critically assesses whether Article 175(3) TFEU can serve as the basis for general spending authority in the EU, particularly at the expense of its traditional role in regional development in Europe's economic periphery. The analysis draws on the historic purposes of cohesion policy, the existing case law on the limited scope of the cohesion flexibility clause, as well as legal opinions of the Council Legal Service on the same question. This contribution concludes that the crisis-driven reinterpretation of Article 175(3) TFEU not only undermines cohesion as developmental tool for the periphery, but it also raises serious concerns about democratic legitimacy and the rule of law at Europe's core. The EU may well need a general spending power, but the way to achieve it is not through institutional lawyers engaging in strained crisis reinterpretation outside of public scrutiny. Instead, what is needed is democratic politics pure and simple, i.e., Treaty change. [ABSTRACT FROM AUTHOR]

The European healthcare sector is transforming toward patient-centred and value-based healthcare delivery. The European Health Data Space (EHDS) Regulation aims to unlock the potential of health data by establishing a single market for its primary and secondary use. This paper examines the legal challenges associated with the secondary use of health data within the EHDS and offers recommendations for improvement. Key issues include the compatibility between the EHDS and the General Data Protection Regulation (GDPR), barriers to cross-border data sharing, and intellectual property concerns. Resolving these challenges is essential for realising the full potential of health data and advancing healthcare research and innovation within the EU. [ABSTRACT FROM AUTHOR]

This research note delineates the conflict of hotel rate parity and key clauses of competition laws in both Europe and the U.S. We trace the origin of hotel rate parity to the principle of most favored nation (MFN) in international trade agreements. We show that rate parity challenges two pillars of competition law. Under rate parity agreements, it is travel intermediaries—not hotels—that demand rate parity, which comes down to the dominance of travel intermediaries over small and independent hotels. The courts view MFN status as a hindrance to competition and therefore in violation of competition law. The trend and message in Europe are clear: the clause is most likely to be judged as not complying with EU competition law and its national equivalents. In the U.S. though, a lack of case decisions precludes us from reaching any conclusion about the fate of the MFN clause. [ABSTRACT FROM AUTHOR]

Copyright of Umsatzsteuer-Rundschau 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.)

This article discusses the update of the European Market Infrastructures Regulation as a consequence of the 2021–2023 energy crisis. This article explains European law decisions being made to ensure the continued functioning of European derivatives markets. The article focuses on the modification of the margin requirements of central counterparties (ie the decision to accept unsecured commercial bank guarantees, emission allowances, and/or debt issued by public entities as collateral). A relaxation of the stringent collateral requirements could on the one hand ensure energy firms' continuation to central clearing, but on the other hand lead to negative macroprudential spillover effects. Although central counterparties are most useful in stressed market circumstances and then have to be sufficiently sound, the European Commission still opted for a temporary relaxation, and this article details all the pros and cons that were taken into account in this final decision. [ABSTRACT FROM AUTHOR]

Copyright of Ankara Barosu Dergileri is the property of Ankara Bar Association 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 use of assisted reproductive technologies in Ukraine is insufficiently regulated at the legislative level, which necessitates a study of one of the types of assisted reproductive technologies – surrogacy – and the legal basis for the use of this phenomenon in Ukraine. The purpose of this study was to clarify the status and identify the shortcomings of legal regulation of surrogacy under the national legislation of Ukraine, and to investigate the world practices of its development. To fulfil the stated purpose, the study employed general scientific and special methods of scientific cognition, specifically, the formal legal method, the comparative legal method, and the method of functional forecasting. The study focused on the specific features of consolidating the institution of surrogacy in European legislation. The study found no unified international regulation of surrogacy relations, which leads to the existence of different approaches to their regulation in legislation. The study analysed the current state of national legislation on the use of assisted reproductive technologies through surrogacy and highlighted the existing gaps and shortcomings that need to be addressed. It was found that Ukraine lacks comprehensive legal regulation of surrogacy relations, which leads to contradictory opinions on the problem of using this type of assisted reproductive technologies. Based on the study conducted, conclusions were drawn on the need to amend the legislation of Ukraine regarding the use of surrogacy as a type of assisted reproductive technology. An analysis of the regulations of Ukraine suggests the need for a unified legal regulation of the surrogacy process. This analysis of the regulatory framework is of practical significance for further legislative regulation of legal relations in surrogacy matters. [ABSTRACT FROM AUTHOR]

The principle of subsidiarity, which also appeared in antiquity, was refined and perfected by the Catholic Church. The essence of the principle of subsidiarity is to ensure that decision-making takes place as close as possible to the individuals, thus avoiding unnecessary centralisation and encouraging effective decentralisation. The rationale behind this principle is the recognition that higher levels of government do not always have an adequate level of insight or understanding of local realities, and that decision-making should therefore be taken at the lowest possible level of authority to achieve the best quality of governance. The principle of subsidiarity is a fundamental principle of the European Union’s decision-making system. A return to subsidiarity can play an important role in the constitutional disputes that have been revived in recent years between national constitutional courts and the Court of Justice of the European Union. This paper analyses the evolution of the subsidiarity principle in EU decision-making and the institutions and procedures that are supposed to guarantee its application. By examining the political and legal enforceability of the principle of subsidiarity, the paper draws conclusions on the present state of the enforcement of the principle and makes some proposals for the future. [ABSTRACT FROM AUTHOR]

The author determines that the imperative instruction of the Criminal Procedure Code of Ukraine provided for in Part 2 of Article 8 and Part 5 of Article 9 relating to the application of the case law of the European Court of Human Rights, in certain cases, has necessitated a rethinking of the understanding of certain principles of criminal proceedings both individually and in their interconnection with each other, as well as in the compilation with the Court's case law. This is due not only to the use of autonomous definitions by the European Court of Human Rights, but also to the differences in criminal procedural systems, the peculiarities of professional translation of judgments and many other factors. In this article, the author analyzed the current criminal procedure legislation, decisions of the European Court of Human Rights and scientific articles. Based on the analysis, the author concludes that the main feature of the implementation of the principle of competitiveness of the parts and freedom to present their evidence to the court and to prove their convincing nature in the case law of the European Court of Human Rights is that it is considered a fundamental right in the concept of a fair trial, and equality of the parties is distinguished as a principle (basis) for the implementation of such a right. It is determined that this somewhat does not coincide with the legal regulation of such principles of criminal proceedings as equality before the law and the court and the competitiveness of the parties and the freedom to present their evidence to the court and to prove their convincing nature in the criminal procedure legislation of Ukraine. After all, equality before the law is seen as a prohibition of discrimination, and equality before the court can be seen as a prohibition of discrimination by the court, and as equal opportunities in procedural rights, which is a component of competition. With regard to competitiveness, the case law of the European Court of Human Rights identifies the following features of its implementation: it consists in providing an opportunity to familiarize oneself with the comments and evidence provided by the other party and respond to them; аimed at effective participation in criminal proceedings; equal opportunities should be compensated by judicial procedures in cases where equal opportunities have not been provided earlier. [ABSTRACT FROM AUTHOR]

Animal Law is steadily increasing in legal education. The need to disseminate this discipline arises from the growing attention to the fate of animals, which is a feature of our society. In addition, the corpus of legal rules for the protection of animals, as well as the reforms pertaining to their legal status, require academic studies and continuous professional development. Despite these cultural and legal advances, Animal Law remains largely absent from most European universities. There are programs available, however, efforts can be made to introduce this discipline into the academic world. [ABSTRACT FROM AUTHOR]

Copyright of Journal of College of Sharia & Islamic Studies is the property of Qatar 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 discusses the prospects for concurrent private enforcement of the Digital Markets Act (DMA) and Article 102 of the Treaty on Functioning of the European Union (TFEU). The DMA aims to ensure fair and contestable markets in the digital sector, and private litigation is seen as a supporting role in its enforcement. The author argues that claiming a concurrent violation of the DMA and Article 102 TFEU could provide procedural benefits for private litigants, but it may also bring about complexities. The role of the European Commission is crucial in setting the stage for private enforcement, and it is suggested that similar mechanisms enhancing private litigation should be introduced for claims based on the DMA violations alone. [Extracted from the article]

I. The Great Transformation of our time. 1. The Great Transformation and the prevention of occupational risks. 2. Generalized remote work through the use of new digital technologies. The right to prevent occupational risks in remote work (Teleworking and Home Working) II. Comprehensive risk management: Public health, Environment and Occupational risks. 1. Comprehensive Risk Management. On the way to overcoming a deficient regulatory framework. 2. Common principles of European polysystemic law for protection against environmental risks: the principles of precaution and responsibility and "inter-systemic" problems. 3. Balance and perspectives. III. Selected bibliography. [ABSTRACT FROM AUTHOR]

The main aim of this article is to introduce the reader to the system of the ownership right protection in the context of the national legislation as well as the case law of the European Court of Human Rights, using an illustrative example of spouses (plaintiffs), who have been seeking, for more than eleven years in court proceedings initiated by an action brought, issuance by a competent first instance court of a decision ordering the defendants to (i) remove the constructions and appurtenances thereto, which they are using illegally, and (ii) remove the movable assets from the real estate (i.e. from the land plots) which is the plaintiffs’ joint property. The plaintiffs consider that the essence of the violation of their right to own and peacefully enjoy their property, in the circumstances of the present case, is that for more than 11 years since the action was brought to the court, the plaintiffs have had no definitive legal title by virtue of which they could de facto dispose of their property, despite being de jure owners of the concerned real estate. Due to illegal constructions (or so-called “black constructions”) built on the land plots that are the plaintiffs’ joint property, the plaintiffs are prevented from the peaceful use, enjoyment of the fruits and benefits, or disposal of the subject-matter of their ownership. [ABSTRACT FROM AUTHOR]

Copyright of Computer und Recht 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.)

Digital platforms have become the subject of several legal acts within a relatively short period of time. The emerging European platform law faces particular challenges due to three specificities of platforms. First, the area to be regulated consists of the same platforms operating throughout the Union with a more or less uniform service in all Member States and beyond the Union. Second, the fact that the platforms can be used for almost unlimited purposes, whereas the Union does not have unlimited regulatory powers. Third, there is the dynamic development of the platform economy, which constantly presents us with new phenomena and potential risks, giving operators a knowledge advantage over regulators and generating a need for private ordering by platforms themselves. In this combination, the legal challenges differ from the issues addressed by most other acts of the EU Digital Strategy: for example, the Data Governance Act focuses not on private but on public data owners, while the Data Act focuses on Internet of Things applications, which are not used as ubiquitously as digital platforms. Because of these particularities, an overarching view of the phenomena of platform regulation helps to provide a background against which the appropriateness of individual norms can be assessed. In order to structure the observations, the platform phenomenon will first be contrasted with that of the EU (I.), before the characteristics of platform law as supranational law (II.) and European administrative law (III.), as well as questions of the platform-related protection of fundamental rights are addressed (IV.). [ABSTRACT FROM AUTHOR]

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The present study was determined by the need to answer as soon as possible (and well, if possible) to the fundamental question that we cannot avoid: was it necessary, useful to regulate a special available quota of the surviving spouse from a subsequent marriage of the deceased or did such a regulation become obsolete, inconvenient, discriminatory contained in a new Civil Code that intended to look into the future instead of resurrecting legal institutions that „lived their life" and died together with the Civil Code which generated them? We will try to find an at least acceptable answer to this problem that has troubled entire generations of practitioners over time and that remains almost incomprehensible to the younger generations of lawyers, born and educated in the spirit of eliminating any form of discrimination. We will try to bring to the attention of the theorists, but also of the legal practitioners, the institution, at least controversial, of the special available quota of the surviving spouse from the second marriage of the deceased, to show that the fear from which the Romanian legislator started in bringing back to the present an institution which, in our opinion, has consumed its historical role is unjustified, especially since, currently, as far as we know, the Romanian regulation is the only one of its kind in the continental European law. [ABSTRACT FROM AUTHOR]

One of the most important principles in contractual matters, related to the effects produced towards the contracting parties, is that of its binding force, having its source in the will of the contracting parties, in their autonomy of will, sacralized by the power of law recognized to this will. In the introductory part of the study, it was brought into discussion whether the legal power of the binding force of the contract, enshrined in the current Civil Code, is still up-to-date compared to the realities of our days, when, under the influence of economic, social and globalist phenomena, we are witnessing a limitation of the freedom of will, to its censuring at legal level, to the possibility of the judge to adjust the contract, even beyond the will of the parties. As support for the argument, reference was made to the UNIDROIT principles, to the Principles of the European Contract Law, to the Reference Framework Project, to the Portuguese Civil Code and to that of Quebec, which enshrine the binding force of the contract, without confering it the power of law. The binding force of the contract subsists because the objective law, the legislation, recognizes and grants it, and the private norm, as the law of the parties, which details the binding nature of the contract, must be in accordance with the objective law, without being assimilated with the objective legislation. In outlining the principle of the binding force of the contract, we bent over and brought into discussion the distinction between the obligational nature and the binding nature of the contract, which operates regardless of the obligational or non-obligational content of the contract. The binding nature of the contract, its binding force, acts not only with regard to its content, as it is established by the express or implicit clauses, from its interpretation, from the implied clauses that are part of the contract [Article 1272 (2) of the Civil Code], but also regarding the extended and accepted clauses or the negotiated or common standard clauses, even if, in our opinion, the latter represent a way to supplement the contract. Contractual fidelity is analyzed in this study not only from the perspective of the debtor, bound by the fulfilment of the obligation assumed with the diligence of a good owner, but also from the perspective of the creditor, whose conduct must not make the execution of the contract more difficult. Cooperation seen as a means of achieving the common interest entails the creditor's duty to minimize the damage, in the case of the debtor's abdication from the binding force of the contract. In terms of the binding force of the contract, its modification and cessation are examined in relation to the principle of symmetry and asymmetry, the first having as its basis the agreement of the parties, and the second the contractual clause or the legal provision. In the operation of the mutual cessation of the contract, the study distinguishes between revocation and termination, and in terms of the extent of the effects, between future cessation and retroactivation of the cessation, when the nature of the services allows it. In the approach to unilateral denunciation, of contractual or legal origin with a mutual character, there were discussed the mitigated and derived aspects of the operation of denunciation, with regard to some contracts, the exercise of this potestative right in good faith and the protective features of contract retraction, in the matter of consumer protection. Likewise, the particularities of the forced cessation of the intuitu personae contracts, included among the cases of contract lapsing, were emphasized, and the legislative interventionism in the modification of the contract in various forms of manifestation was explained and justified by the social utilitarianism of contracts. The study emphasizes the restrictive character of the adaptation of the contract as a means of safeguarding it, associated with those effects that come out of the zone of reasonable risk, seriously affecting the contractual balance and calling into question the contractual justice. The adaptation of the contract goes beyond the framework of interpretation of the clauses, sometimes calling into question their modification, whenever it is imposed by the requirement to revive the ratio of proportionality, to ensure the utility and social security of the contract. The paper deals with the problem of adapting the contract in the spirit of the decisions of the Constitutional Court, which transpose the adaptive process of the contract, by identifying the balance point of the benefits, without reducing it to their value threshold and without ignoring the circumstances or the fluctuations that occurred after the conclusion of the contract. [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.)

Th e Courts must verify in each individual case the compliance with the standards resulting from the case law of the European courts, which cannot be invoked to lower the national standard of protection with regard to the principle of legality of incrimination and punishment and the application of the most favorable criminal law. Th e realization of justice in a State governed by the rule of law is possible only if fundamental rights are brought into line with the standards resulting from the case-law of the European Court of Human Rights and the Constitutional Court. A restriction of the standard of protection of these rights below the aforementioned standards would constitute a violation not only of the Convention, but of the Charter itself, which refers to respect for fundamental rights recognized by international conventions to which the Union or all the Member States are parties, and in particular the ECHR, and by the constitutions of the Member States. [ABSTRACT FROM AUTHOR]