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

{"title":"The Principle of Appropriate and Proportionate Remuneration in Copyright Contracts and Its Implementation in the Baltic States","authors":"Ramūnas Birštonas, V. Mantrov, Aleksei Kelli","doi":"10.22364/iscflul.8.2.30","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.30","url":null,"abstract":"The Digital Single Market Directive 2019/790 constitutes a significant milestone in the field of copyright, especially its provisions aimed to ensure the fair remuneration for authors and performers. This publication focuses on Art. 18 of the Directive, which establishes the principle of appropriate and proportionate remuneration. This principle follows from the general understanding of authors and performers as a weaker bargaining party. Being formulated abstractly, the principle of appropriate and proportionate remuneration leaves broad discretion for its implementation. Therefore, the article presents case studies concerning the implementation of the said principle into national laws of the three Baltic States: Estonia, Latvia, and Lithuania. The first task is to check the operation of the principle of appropriate and proportionate remuneration in the national legal acts before the implementation of the Digital Single Market Directive. The second task is to compare and assess the prepared national draft legal acts and how they implement this principle. The article concludes that all three Baltic States have chosen a “minimalist” implementation strategy and, as a consequence, the appropriate and proportionate remuneration principle most likely will have no real independent value.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"9 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":"124645070","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":"Payment of Mandatory Social Insurance Contributions in a Socially Responsible State as a Safeguard for the Inviolability of Human Dignity in Emergency Conditions in a State Governed by the Rule of Law","authors":"J. Lazdiņš","doi":"10.22364/iscflul.8.2.02","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.02","url":null,"abstract":"The article provides an analysis of the impact of economic crises on improving regulation on the state mandatory social insurance in Latvia following the restoration of its independence de facto (1990–1991), as well as of the legal principles and case law related to social insurance. In examining case law, particular attention is paid to such concepts as human dignity, a state governed by the rule of law, and a socially responsible state. The subsistence minimum, which has not been calculated by the State, is recognised as being an unsolved problem, which, effectively, prohibits from discussing the effectiveness of the system of state mandatory social insurance in the area of social security when an insured event occurs.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"3 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":"133719493","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":"Foundation Atrocities and Public History: The Role of Lawyers in Finding Truth","authors":"Nolan Sharkey, T. Muzyka","doi":"10.22364/iscflul.8.2.16","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.16","url":null,"abstract":"History provides the basis for nations’ existence. Yet, history is capable of telling different stories in relation to the same events. It is also open to manipulation and distortion. More so than ever, this is the case with the easy availability and cross border reach of many forms of media. In addition, the concept of public history recognises that representations of history are not made solely by professional historians. The conclusion that must be reached from this is that history is open to contesting and it is not necessarily a fair contest favouring accuracy. This paper argues that law and legal scholars can play a role in settling significant historical disputes by applying the rigour of legal dispute settlement institutions. Consideration of evidence and narrowing arguments to relevant issues are of significant worth. These possibilities are illustrated through the debates surrounding two significant atrocities of history, the Great Irish Famine and the Ukrainian Holodomor. Both events have a critical place in the nation-building of the Irish and the Ukrainians, yet the debate rages on as to whether they may or may not be genocide. We review the historical issues and the genocide issue and suggest that legal scholars rather than historians may assist in settling rather than perpetuating the disputes.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"43 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":"132713956","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":"European Small Claims Procedure: Is It So Simplified?","authors":"Inga Kačevska","doi":"10.22364/iscflul.8.2.09","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.09","url":null,"abstract":"The European Small Claims Procedure is an alternative to national similar procedures and intended to simplify and speed up the litigation in the cross-border cases. The Regulation has proven to have a potential in settling small claims’ disputes within European Union. However, the more frequently the Regulation is applied in Member States, the more challenging issues are found, making application of Regulation not as simple as it might appear. This article analyses some of those issues arising from the practical application of the Regulation. Firstly, it is discussed whether the concept contained in Regulation “other claim” may also include a supplementary declaratory claim (not only the claim that can be expressed in money). Secondly, it is further argued that the Regulation should be amended to have a more uniform and autonomous character, as much as possible limiting the reference to the national procedural rules. For instance, in accordance to Regulation, the concept “clearly unfounded” claim shall be determined pursuant to national law. However, in some jurisdictions (i.e., Latvia) such concept is unknown. There is a need for further reform of the Regulation to introduce a new level to facilitate its popularity, effectiveness and uniform application in Member States.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"24 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":"134243856","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 New Challenges of Corporate Social Responsibility: Sustainable Economic Development and Cultural Districts","authors":"Eduardo Zampella","doi":"10.22364/iscflul.8.2.34","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.34","url":null,"abstract":"Starting from the principles of corporate social responsibility and those, including recent ones, of cultural heritage, the purpose of this study is to illustrate the possibilities of intervention in the sector of cultural districts in order to enhance them, improve the environment in which they are established and the quality of life of those who reside there, increase job opportunities and the economic development of the area. The article also contains a reference to the Italian and EU regulatory context, with the recent introduction of the concept of Cultural and Creative Enterprise in 2018.","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":"115360288","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":"Clarity of a Criminal Law Provision in the Case Law of the Constitutional Court of the Republic of Latvia","authors":"Kristīne Strada-Rozenberga, Jānis Rozenbergs","doi":"10.22364/iscflul.8.2.20","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.20","url":null,"abstract":"The quality criteria for the provisions of criminal law follow from Art. 90 and the second sentence of Art. 92 of the Satversme [Constitution] of the Republic of Latvia. A person may be recognised as being guilty and punished only for such actions that have been recognised as being criminal in accordance with law. A person’s fundamental right to know his or her rights defines the framework for the legislator’s actions because only such a provision that complies with all the quality criteria of a legal provision may be recognised as being a law, i.e., as having been granted legal force. These fundamental rights require the legislator to take special care in drafting legal norms that envisage criminal liability, which is the most severe form of legal liability. The Constitutional Court of the Republic of Latvia has repeatedly engaged in assessing the quality of criminal law provisions. This study provides an insight into the Constitutional Court’s approach to reviewing the clarity of criminal law provisions and summarizes the most important findings made by the Constitutional Court regarding this issue.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"84 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":"132671197","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":"Is the R2P Norm a Legal Norm?","authors":"M. Krešić","doi":"10.22364/iscflul.8.2.24","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.24","url":null,"abstract":"The conception of the Responsibility to Protect (R2P) was developed to resolve the practical problem of the inefficiency of the international community to address atrocities. The present contribution aims at the clarification of the theoretical problem on the nature of R2P norm and provision of conceptual tools for its solution. After differentiating R2P objects and contouring their content, the question whether the R2P norm is of a legal kind will be addressed. The contribution claims that application of the proposed legal concepts – theoretical conception related to the law, doctrine, norm, principle and rule – contributes to the clarification of the objects and content of the R2P; and that political responsibility approach to the identification of a legal norm and the specific concept of emerging norm are suitable tools for determining the legal nature of R2P norm.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"53 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":"123580785","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":"Grounds for Compensation in Administrative Procedure for the Damages Caused in Criminal Proceedings – Some Relevant Aspects Observed in Latvia’s Laws and Case Law","authors":"Ā. Meikališa, Kristīne Strada-Rozenberga","doi":"10.22364/iscflul.8.2.22","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.22","url":null,"abstract":"The article is dedicated to the topic of compensation in administrative procedure for such damages that have been inflicted by unlawful or unjustified infringements on a person’s legal interests in the framework of criminal proceedings in Latvia. Acknowledging that this topic comprises numerous relevant and problematic aspects, this article focuses on those infringements in the case of which compensation for damages is due and on the preconditions for claiming it. The article presents the authors’ opinion on whether the regulation on this matter in Latvia is sufficiently clear, what the relevant issues are in the practice of applying law, and the proposals for improving the regulation and practice.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"25 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":"121719410","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":"Protection of the Weaker Party – to Whom is Labour Law Still Applicable?","authors":"Gaabriel Tavits","doi":"10.22364/iscflul.8.2.33","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.33","url":null,"abstract":"National law is affected by a number of different international regulations and agreements. International agreements provide for rules aimed at harmonizing certain requirements and understandings that different countries should follow. In labour relations, international standards are set at two different levels – on the one hand, by the International Labour Organization (ILO), and on the other by regional standards – by the Council of Europe and the directives and regulations adopted by the European Union. All these international rules have important implications for national labour law. However, such international norms do not provide a clear personal scope – that is, it is not clearly defined to whom such international norms apply. Although the various international rules do not directly define the persons to whom those norms apply, – the implementation of international rules remains a matter for national law. Thus, the concept of both employee and employment relationship is shaped by national law. The exception here is the European Union, where the European Court of Justice has given an autonomous meaning to the concept of worker (particularly in the context of freedom of movement for workers). Although the concept of a worker and of an employment relationship has been developed by the Court of Justice of the European Union, Member States retain the right to define the employment relationship in accordance with the law in force in the respective Member State. The main factor in shaping employment relationships is the employee's dependence on the person providing the work, and the person providing the work also has an obligation to pay remuneration for the work performed. Although the scope of those rules is defined differently by different international rules, the characteristics generally applicable to the definition of an employee and the employment relationship are similar to those used in national law.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"s3-21 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":"130084198","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":"Criminal Proceedings in Times of Pandemic","authors":"Manfred Dauster","doi":"10.22364/iscflul.8.2.18","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.18","url":null,"abstract":"COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"1 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":"130408519","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}