New Legal Reality: Challenges and Perspectives. II最新文献

{"title":"Termination of Ownership Rights by Way of Confiscation and Public Reliability of the Land Register in Latvia","authors":"J. Rozenfelds","doi":"10.22364/iscflul.8.2.28","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.28","url":null,"abstract":"Confiscation of property has several meanings. All of them could be reduced to “coercive deprivation by state institutions”. In modern democracies, the use of this force should be exercised carefully and in accordance with the duty of the state to protect peaceful enjoyment of possession by the subjects of the state. This report is devoted to examination of one specific kind of confiscation, which has the following characteristic features: it is not applied as a punishment following a conviction; it could be applied to an immovable property and so interferes with the public reliability of the Land Register; and it could be applied to a person who not only is in no way linked to illegal activities, let alone a criminal offence, but who has acquired the immovable property subject to confiscation being unaware of any criminal or other fraudulent acts by other persons regarding the immovable (a bona fide acquirer). The aim of this report is to find out whether the principle of protection of everyone’s right to property as a universal human right is adequately implemented in Latvia.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115037407","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":"Patient Protection Under French Law: The Example of Medical Information","authors":"Philippe Pierre","doi":"10.22364/iscflul.8.2.32","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.32","url":null,"abstract":"The duty of physicians and health institutions to inform patients about medical risks is a much-debated source of liability in French law. Ethical misconduct resulting from breaches of these obligations is likely to call into question the balance of relations between health professionals and patients. Case law, and then the French law of 4 March 2002, have constantly improved the possibilities of action for victims of incomplete or imperfect information, by making it easier for them to prove the lack of information and by establishing the compensable damages, which are distinct from bodily injuries. However, one may wonder whether this increased protection of patients is not now excessive, by transferring the burden of the medical decision and the related risks onto them, once they have been fully informed.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"208 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122920583","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":"Control Over Legality of Parliamentary Elections in a State Governed by the Rule of Law","authors":"A. Rodiņa, A. Kārkliņa","doi":"10.22364/iscflul.8.2.14","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.14","url":null,"abstract":"The article examines the genesis of control over the legality of the Saeima (the parliament of the Republic of Latvia) elections, particularly focusing on the judicial review of the Saeima elections. The particularities of the control over elections, which differentiate them from typical administrative legal proceedings, are highlighted in the publication. The article presents findings of the case law regarding the limits of controlling the legality of elections and the cases when the court could revoke a decision by the Central Election Commission on approving the results of the Saeima elections. In view of the fact that sometimes the regulation set out in the Saeima Election Law has been criticised in the Latvian legal science, namely, that the legality of elections is controlled by the Department of Administrative Cases of the Supreme Court’s Senate rather than the Constitutional Court, the authors examine the models of controlling the legality of elections found in various states and provide their assessment of whether the control functions should be transferred into the jurisdiction of the Latvian Constitutional Court.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127364439","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":"Alternative Sanctions in the Republic of Serbia, Contemporary Challenges and Recommendations for Improvement","authors":"Jelena Kostić, Marina Matić Bošković","doi":"10.22364/iscflul.8.2.19","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.19","url":null,"abstract":"The application of alternative sanctions has positive effects both on the re-socialization of perpetrators of criminal acts, and on the reduction of pressure on institutions for the enforcement of prison sanctions. The use of alternative sanctions enables the offender to continue working, educating, keeping family connections, and other activities that may have preventive effect on the crime re-commission and prevent stigmatisation that person might have after the prison sanction. The subject of this paper is the analysis of the effectiveness of the application of alternative sanctions in the Republic of Serbia and impact of the implementation of National development strategy for the system of enforcement of criminal sanctions for period 2013–2020. In line with the Strategy, the key national legislative acts were amended to align with international and European standards on alternative sanctions, specifically with the CoE European Probation Rules. Bearing in mind previous experiences, the authors start form the assumption that there are still certain challenges in their application, which can be caused by various factors. In order to give recommendations for reducing the challenges, the authors analyse the compliance of national regulation with international standards, as well as available data on volume and structure of imposed alternative sanctions in period 2015–2020, with the special focus on community work and conditional sanction with oversight.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122246624","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":"Financial Market Regulators and Crisis of Pandemic","authors":"Giovanni Mollo","doi":"10.22364/iscflul.8.2.35","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.35","url":null,"abstract":"The pandemic has affected all sectors of economy and finance. Having outlined the characteristics of the financial market regulatory authority, the question arises as to the role it should play in this context. Given that the authority is not an expression of popular sovereignty, the conclusion is that it cannot take action to counter the crisis generated by the pandemic, as it cannot define its own autonomous political and economic guidelines.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121525900","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":"Consumer Personal Data as a Payment – Implementation of Digital Content Directive in Poland and Latvia","authors":"Dominik Lubasz, Zanda Dāvida","doi":"10.22364/iscflul.8.2.37","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.37","url":null,"abstract":"The new Digital Content Directive is seen as an important step in adapting European private law to the requirements of the digital economy. However, the Directive gives the Member States a wide margin of discretion in determining many important legal aspects, for example, the Directive leaves contract typology to the competence of Member States. This has led to considerably varied legislative choices of Member States. Business models where consumers' data are used as payment are available in different forms in a considerable part of the market, but to this moment it does not have a specific regulatory framework. Consumer data as remuneration is a challenge to many national legal systems because it establishes a new legal phenomenon in those countries, Latvia and Poland among them. Therefore, this article deals with the implementation of the Digital Content Directive into the national law of Latvia and Poland limiting it to cases where the consumers do not pay the price but provide personal data to the trader. The paper aims to evaluate the implementation provisions and to identify potential gaps in the regulation of the analysed area, and finally, assess whether the goals of the Digital Content Directive are achievable. The research results of the paper reflect the current legal situation in Latvia and Poland, compare the planned strategies for the implementation of the Directive in both countries, and finally, provide some concluding remarks.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127678510","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":"Impact of COVID-19 on a Sustainable Work Environment in the Context of Decent Work","authors":"D. Atstāja, S. Osipova, Gundega Dambe","doi":"10.22364/iscflul.8.2.01","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.01","url":null,"abstract":"The aim of the study is to analyse decent work as a value stemming from human dignity. The key factors include a safe and healthy work environment and working conditions, social protection, compliance with employment law, stability of a workplace, opportunities for development, training and self-fulfilment, mutual respect, contacts with colleagues, etc. The impact of the pandemic has changed employees’ views on “perfect job”. Remote work is only one of the new forms of employment created by digitalization, which will increasingly enter and strengthen the labour market. However, not all employers are equally prepared for change. The study will illustrate how the concept of decent work has changed in the context of the pandemic, so that the legislator and employers can reorganize themselves, creating appropriate work environment for employees and promoting the economic sustainability of the country.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132846998","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":"Legal Subjectivity and Absolute Rights of Nature","authors":"Massimiliano Cicoria","doi":"10.22364/iscflul.8.2.06","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.06","url":null,"abstract":"The anthropocentric approach that characterizes all human knowledge has led to a distortion of the relationship with Nature and a view of it as a mere object of law. This approach, presumably originating with Socrates, had solid support in Plato, Aristotle, Ptolemy, and finally, in Catholic patristics, hinging on all disciplines starting from philosophy, psychology, economics, up to law. Dwelling on the latter, examples of legislation that qualify Nature as an object of law are, increasingly over time, the Forest Charter of 1217, the Italian Law No. 1766 of 1927 on civic uses, and furthermore – Art. 812 of the Italian Civil Code, and finally – the cd. Consolidated Environmental Law. This view is, however, changing in some states such as Bolivia, New Zealand, India, Ecuador, Uganda, – the states that through either legislative acts or rulings of supreme courts have begun the process of granting both to Mother Earth in general, and rivers in particular, the status of juridical persons which are endowed with series of very personal rights, which are recognized. This is not the case in Europe, where the relevant legislation continues to consider Nature (or, better, the Environment) as an object of law, therefore as a “thing” from which to draw, albeit within certain limits, utilities of all kinds. By analysing legal instruments potentially useful for a Copernican revolution on this point – in particular, the Kelsenian concept of “legal person”, the meaning of “company” and the European provisions on Artificial Intelligence – the first conclusion is reached: in a relationship that is not only theoretical, but also practical and utilitarian, it would be opportune to start considering, also through acknowledgments in constitutional sources, the Nature as a subject and no longer an object of rights. In this regard, following the general theories of people’s rights, it could be granted certain absolute rights, of which the right to water, restoration and biodiversity are examined in the current article. Hence, we come to the second conclusion, namely, the contrasts that, in Western law, such an approach could suffer, analysing in particular the problems of neo-naturalism and representation.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126267710","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 Implementation of the New Consumer Sales Directives in the Baltic States: A Step Towards Further Harmonisation of Consumer Sales","authors":"V. Mantrov, Ramūnas Birštonas, J. Kārkliņš, Aleksei Kelli, Irene Kull, A. Buka, Irena Barkane, Zanda Dāvida","doi":"10.22364/iscflul.8.2.36","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.36","url":null,"abstract":"The present article deals with the implementation of the new Consumer Sales Directives (Directives 2019/770 and 2019/771) into the national law of the Baltic States. The topicality of the paper is related to the implementation of the new Consumer Sales Directives into national law in a particular region, i.e., the Baltic States, by analysing implementation approaches and difficulties during the implementation and post-implementation periods from a comparative perspective of all three Baltic states. At the outset, the paper notes the differences in the existing regulation of consumer sales in the Baltic States. Lithuania and Estonia incorporated consumer sales in their civil codifications, whereas Latvia has chosen a different path by regulating consumer sales on the basis of sui generis regulation in the Consumer Rights Protection Law. As a result of such initial situation before the implementation of the new Consumer Sales Directives, different implementation strategies were used in the Baltic States, consequently leading to different consequences and difficulties during the implementation process of the new Consumer Sales Directives. Likewise, the application process of the new Consumer Sales Directives itself has created significant problems and risks. The available legal acts together with their travaux préparatoires in the Baltic States demonstrate the possibility that the new regulation implementing the new Consumer Sales Directives may contradict the existing contract law regulation and data protection law, and have implications thereon.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129205336","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":"How May COVID-19 Be (Mis)used as a Justification for Uncompetitive Tendering? Case Study of Slovakia","authors":"Hana Kováčiková","doi":"10.22364/iscflul.8.2.12","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.12","url":null,"abstract":"The COVID-19 pandemic caused disaster in every area of life, public procurement notwithstanding. This article considers the problem of possible misuse of COVID-19 pandemic as a cover to justify uncompetitive tendering of public contracts. It contains the analysis of general conditions set by the EU law and also by national legislation, which must be met while using the method of direct awarding of contracts by contracting authorities, as well as specific conditions clarified by the European Commission in its 2020 Guidance for emergency situation procurement related to COVID-19. It also deals with the Slovak law applicable in this area, and the real practice of Slovak contracting authorities. In this regard, a quantitative analysis was realised to answer the question, whether Slovakia complies with the Union’s rules in both levels – legislative, as well as in practical.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"332 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115977254","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}