Recueil des Travaux Chimiques des Pays-Bas最新文献

{"title":"Scope and Exercise of the Exclusive Competences of the Member States of the European Union","authors":"E. Krzysztofik","doi":"10.31743/recl.6056","DOIUrl":"https://doi.org/10.31743/recl.6056","url":null,"abstract":"The process of European integration has introduced the Member States into a new legal reality. The existing exclusivity in the area of competence implementation has been replaced by a two-stage model of their exercise. The Member States, when conferring part of their supervisory powers, did not specify the scope of their own competences. The so-called European clauses were analysed in the Constitutions of selected Member States, which showed that they define the recipient of the conferral and, in a non-uniform manner, specify the subject of the conferral. The analysis of the indicated provisions clearly shows that the Constitutions of the Member States exclude full conferral of competences on the European Union. There is no specification of the scope of competences that may be conferred. However, this issue was addressed by Constitutional Courts of the Member States. The article refers to the judgements of the German Federal Constitutional Court and the Polish Constitutional Court. It has been shown that they equate exclusive competences of the Member States with the scope of the concept of constitutional identity reduced to basic principles of the state. The Court of Justice of the European Union analysed the scope of competences of both entities. The article presents the analysis of judgements on: entries in Civil Registry regarding transcription of surnames, the issue of recognition of same-sex marriages, reform of the judiciary system in Poland, and the application of the Charter of Fundamental Rights in the areas that do not fall under EU competence. Regardless of the division of competences, the EU is bound by the principle of respect for national identity of the Member States, including constitutional identity. It both obligates the EU to respect the exclusive competences of the Member States and is a premise restricting the achievement of EU objectives.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"91 1","pages":"23-46"},"PeriodicalIF":0.0,"publicationDate":"2020-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78098321","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Scope of Regulation of Access to Activities in the Field of Organizing Tourist Events and Facilitating the Purchase of Related Tourist Services in Polish Law. Selected Issues","authors":"Łukasz Maszewski","doi":"10.31743/recl.6159","DOIUrl":"https://doi.org/10.31743/recl.6159","url":null,"abstract":"The considerations carried out in this article focus on the scope of regulation of undertaking (access to) activities in the field of organizing tourist events and facilitating the purchase of related tourist services in the part relating to the features of the activity covered by it. Entities operating in this area are subject to specific legal obligations, including requirement for obtaining an entry in the register. Business in question is no longer a regulated activity but the provisions regarding this activity apply to it. This study also deals with the consequences of this seemingly insignificant change in the nomenclature. These issues are presented against the background of EU regulations and selected EU Member States.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"32 1","pages":"47-64"},"PeriodicalIF":0.0,"publicationDate":"2020-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77758842","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Different Forms of Violence – Selected Issues","authors":"Krzysztof Mikołajczuk","doi":"10.31743/recl.10035","DOIUrl":"https://doi.org/10.31743/recl.10035","url":null,"abstract":"Violence has been part of the human history since its very beginning. As some believe, it is “Cain’s sin” that determines violent human behaviour. Though this belief is obviously simplified, it reflects the nature of man. We are eager to seek evil in others, in individuals and in social structures. It is not just the family that is oppressive. Violence is ubiquitous; it is inflicted by peer groups, social classes, organisations, and by the state. Violence is commonly defined as social behaviour against someone or something, the aggressor being on one side and the victim on the other. Usually, a narrow definition of violence is used; i.e., violence is understood as the use of force to obtain from others what they are not willing to give or what they do not want to do. However, violence is a more complex phenomenon. Some forms of violence are sophisticated and difficult to discern, not only in the behaviour of others but also in our own actions. Violence occurs on a micro-scale in the form of pressure, extortion, inducement, or restrictions, and on a macro-scale – as wars, crises, terroristic acts, or revolutions. Violence is not only physical and psychological; it may also be personal, structural, hidden, explicit, emotional, and rational. What follows, it takes place in a wide array of spaces: in culture, sport, politics, the media, in the public space and at home. Therefore, the narrow definition of violence fails to include many of its aspects, and as such it is not practical. Using such a definition, we are left with extreme cases, so in fact we define pathologies. A serious difficulty in defining violence is connected with defining human rights in a unified way. These vary from culture to culture and have been evolving throughout history. Violation of these rights constitutes the essence of what is referred to as violent behaviour. Each society defines and attempts to prevent violence differently, and also in its own way indicates those who judge the perpetrators of prohibited acts.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"29 1","pages":"103-118"},"PeriodicalIF":0.0,"publicationDate":"2020-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88409410","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Subnational Dimension of Europeanization","authors":"Dana Dobrić Jambrović, Mariela Marešić","doi":"10.31743/recl.4997","DOIUrl":"https://doi.org/10.31743/recl.4997","url":null,"abstract":"Despite the increasing influence of European legislation on the subnational level of government and local public policy, until recently, the subnational level has played only a marginal role in exploring Europeanization processes. With the creation of the single market in the early 1990s, the process of European integration began to have a significant impact on local governments across Europe. Subsequently, the development of European regional and cohesion policy resulted in the adaptation of the political and administrative structures of the local units of the Member States. However, the impact of European integration is not one-sided. The European Union's multilevel governance system and the spread of the impact of Europeanization on interstate levels pose new challenges for European cities and local actors and enable them to actively participate and influence political decision-making processes at the European level. The paper first conceptualizes the phenomenon of Europeanization and then identifies and addresses its dimensions and mechanisms in the field of local self-government. Emphasis is placed on the implementation of European legislation by local authorities and the institutional and non-institutional (indirect and direct) participation of subnational units in European governance. In an attempt to provide answers to the research questions, the author used the legal analysis and the teleological and linguistic method.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"24 1","pages":"7-49"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81376497","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Prosecuting Attorneys in a Democracy – A California Perspective","authors":"P. McKinley","doi":"10.31743/recl.9040","DOIUrl":"https://doi.org/10.31743/recl.9040","url":null,"abstract":"A prosecuting attorney in a democracy is very important in the processing of criminal cases- from pre-filing to final appeal. Much of the involvement of the District Attorney, both before a criminal case is filed, and during the prosecution of the case, stems from the “Exclusionary Rule”. It is the usual case that the police will bring their investigation, their arrest warrant or search warrant affidavit to a District Attorney to review it prior to taking it to the judge. In this connection, District Attorneys will themselves reject 5-10% of the warrant requests submitted to them for approval, often asking law enforcement to do some further investigation before resubmitting the warrant. Furthermore, because of the Doctrine of Separation of Powers, only the District Attorney or the California State Attorney General can make the decision to file or not file a case. This Article illustrates the impact of such discretion. The problem of democracy is strictly connected to the process of DA’s selection, what has also been here presented. Another fundamental issue is a role of DA in voir dire, mainly because jury trials are guaranteed by the federal Constitution and are associated with the idea of democracy. Separation of Powers and Judicial Control of the DA, the police, and the sentencing of those convicted of crimes have been analyzed from the perspective of the California law. Additionally, the article includes final comments on the technological progress and its impact on criminal law and democracy. All the conclusions have been made in reference to Author’s experience as Assistant DA in California.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"30 1","pages":"141-167"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88070860","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Campus Governance in U.S. Universities and Colleges","authors":"William LaForge","doi":"10.31743/recl.8528","DOIUrl":"https://doi.org/10.31743/recl.8528","url":null,"abstract":"The governance of universities and colleges in the United States basically follows the concept and spirit of democracy embraced by the nation from its birth. The systems and practices in place at most U.S. institutions of higher learning include collaborative, representative, or collective decision-making arrangements known as shared governance. However, these systems and practices are hardly uniform due to the diversity of governance patterns that reflect the unique and different history, needs, and mission of a particular institution. Sometimes they are differentiated from, and contrasted with, corporate, business, and more authoritarian or centralized forms of institutional governance. In contrast with university governance elsewhere in the world—that can range from strong central government control to private self-regulated operations—the U.S. forms of campus governance have emerged in a country that does not have centralized authority over education. U.S. institutions of higher learning respond to a variety of controls and interests that are on display variously at public, private non-profit, private for-profit, and religious universities. Governance, authority, and administration are spread across a wide spectrum of players, including governing boards; presidents, chancellors, and other administrators; the academy/faculty; administrative staff; campus committees; students; and, even some external factors. Shared governance is not a perfect formula or panacea for university administration and decision-making. It does, however, provide a methodology, system, and concept that can help guide the leadership of a university as it approaches the administration and conduct of its educational responsibilities. In today’s higher education environment, the term governance is rather expansive. In one sense, it means top-down governance that is the rightful role and authority of an institutional board charged with overseeing policy, programming, performance, and executive guidance and evaluation. But, it also variously means the use of institutional strategies, operations, and components to distribute, disseminate, and “share” authority and responsibilities for a university’s administrative, management, and decision-making functions, i.e., “on-campus governance.” In this respect, shared governance “borrows” many of the attributes and principles of democratic government. In any case, shared governance, in its many forms and applications, is widely practiced in U.S. universities, including Delta State University.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"48 1","pages":"113-140"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80630815","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Academic Freedom: a Choice Between Conservative or Liberal Perceptions – the Case of the United States","authors":"K. Maćkowska","doi":"10.31743/recl.9380","DOIUrl":"https://doi.org/10.31743/recl.9380","url":null,"abstract":"It is only the minimum extent to which the law becomes the instrument of coping with social tautness regarding the academic freedom. On the one hand, legal provisions significantly limit the number of cases related to hate crimes but on the other, they sometimes narrow a discussion due to difficulties in harmonizing individual’s rights and campuses’ perception - a phenomenon, which in the U.S. had been called as “chilling” the freedom. Undoubtedly, the enactment of free speech or academic freedom regulations at universities is necessary as it helps to prevent from a “hate speech” but the legal shape of this process has been strictly connected to a determination for either liberal or conservative description of the academic freedom. Regarding the newest Niche’s rankings, ten universities have been selected, five out of the most liberal and five the most conservative public ones. Furthermore, two catholic universities have been added to describe differences in defining the academic freedom. Moreover, some references have been made to the U.S. Supreme Court decisions, and the very fundamental documents, namely the 1940 Statement and Harvard Free Speech Guidelines. In the separate article a problem of legislative acts that had been enacted for the past two years in a response to Report of the Committee on Freedom of Expression by the University of Chicago of 2014 will be covered. A few remarks upon this matter have been hereby made, though. The article is based on a dogmatic legal method, including quotations of legal sources and their subsequent analysis.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"14 1","pages":"193-218"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76913608","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Permissibility of Limiting Rights and Freedoms in the European and National Legal System Due to Health Protection","authors":"Robert Tabaszewski","doi":"10.31743/recl.6100","DOIUrl":"https://doi.org/10.31743/recl.6100","url":null,"abstract":"This article concerns the permissibility of limiting human rights and freedoms in European and national systems due to the protection of individual and public health. The author’s goal was to analyse the current practice in the application of human rights limitation clauses in the European system of human rights protection. This is an important issue because the practice of limitation and margin of appreciation enjoyed by the member states of the Council of Europe is subject to scrutiny by means of complaints addressed to the European Court of Human Rights in Strasbourg, which examines the correct application of individual limitation clauses contained in the 1950 Convention. Human health is one of the main prerequisites for which it is possible to limit other human rights and freedoms. In the context of numerous epidemiological threats and natural disasters of a cross-border nature, assessing rights and freedoms becomes one of the most important issues in the field of public international law, constitutional law and public health law. Against the background of existing solutions in the universal system, the practice of the member states of the European Union and the Council of Europe was examined by comparing it with the views of the doctrine and the results of my research.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"32 6","pages":"51-89"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72577791","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Business in the U.S. Democracy","authors":"E. Solymossy","doi":"10.31743/recl.8672","DOIUrl":"https://doi.org/10.31743/recl.8672","url":null,"abstract":"This paper discusses a model of business in a “democracy” by identifying the three underlying concepts; the individual, the collective (society), and the government (system and mechanics). Furthermore, each of these elements is also a multi-factor construct. The foundations and development of the United States is discussed. The exploration, discovery and development of any new country require risk taking and innovative behavior, which was instrumental in the creation of heroes and myths, which shaped much of the culture. From this background, some of the principle characteristics of the entrepreneur are explored and correlated to some generally accepted measures of national culture. The concepts are developed; their inter-relationships and the resulting dynamics are presented. The foundation(s) and uniqueness of the U.S. form of democracy is explored as a government typology. Data is presented exhibiting the variability of business confidence, and a conclusion is reached that the attitudes and policies of the government have a greater impact on business formation and success than the form of government.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"22 1","pages":"169-191"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76623564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Directive 2013/48/EU and the Requested Person’s Right to Appoint a Lawyer in the Issuing Member State in European Arrest Warrant Proceedings","authors":"V. Glerum","doi":"10.31743/recl.6128","DOIUrl":"https://doi.org/10.31743/recl.6128","url":null,"abstract":"Directive 2013/48/EU gives persons who are subject to European arrest warrant proceedings the right to “dual representation”: not only the right of access to a lawyer in the executing Member State but also the right to appoint a lawyer in the issuing Member State, whose limited role it is to provide information and advice to the lawyer in the executing Member State with a view to the effective exercise of the requested person’s rights under Framework Decision 2002/584/ JHA. The right to appoint a lawyer in the issuing Member State is supposed to contribute to facilitating judicial cooperation. This article takes a closer look at that right and tries to establish whether – and, if so, to what extent – that right does indeed facilitate judicial cooperation.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"1 1","pages":"7-33"},"PeriodicalIF":0.0,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83039918","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}