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

{"title":"Poetry and Tax Statute: Translation as Interpretation","authors":"Nolan Sharkey, T. Tkachenko","doi":"10.22364/iscflul.8.2.05","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.05","url":null,"abstract":"This paper applies the literary critique of translating poetry to the field of translating statute to raise significant constitutional and practical issues. The field of focus is taxation law, an area notable for its complexity and intricacy in a large number of countries. A linguistic argument is made that the demands that are made on the words of tax law parallel those made in poetry and this necessarily creates a demand for interpretation on the part of users of the law. This aspect of interpretation is then considered in situations that demand the translation of foreign and a number of constitutional and practical issues are highlighted in relation to the role of the translator. The issues raised in the paper are of significant importance in an increasingly globalised international tax world where statutes written in very different languages are called upon to interact with one another.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"33 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":"132543849","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 Legal Implications of COVID-19 Vaccination Certificates: Implementation Experiences from Nordic and Baltic Region","authors":"Irena Barkane, Katharina O’Cathaoir, S. Slokenberga, Helen Eenmaa","doi":"10.22364/iscflul.8.2.15","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.15","url":null,"abstract":"EU Digital green certificates were initially envisaged as a joint EU initiative to facilitate free movement during the pandemic. However, many countries rapidly extended their use in different contexts at the national level, raising serious ethical and legal concerns and questions, in particular, on how to strike a right balance between the interests of the individual and the interests of society. The paper aims to explore the legal implications of using vaccination certificates at the national level, in particular by exploring and comparing practices in selected Nordic and Baltic countries. The article emphasises that, despite COVID-19 crises, the governments should protect fundamental rights and values and when deciding on new restrictions carefully assess their necessity and proportionality. National responses call for a new regulatory framework to ensure responsible use of digital technologies in public interests.","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":"130498133","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":"Permissibility of Pregnancy Termination – the Legal Reality in Poland After the Ruling of Constitutional Tribunal K 1/20","authors":"Monika Giżyńska","doi":"10.22364/iscflul.8.2.17","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.17","url":null,"abstract":"The article presents selected issues related to constitutional guarantees for the legal protection of a child's life in the prenatal period in the event of a collision of rights. The author analyses the problem concerning the legal status of a child in the prenatal phase of life, as well as acceptability and bounds of terminating pregnancy. The author examines the ruling of the Constitutional Tribunal in Poland of 22 October 2020 held that prenatal examinations or other medical data indicate a high probability of serious and irreversible disability of the foetus or an incurable life-threatening disease, was contrary to the Constitution of the Republic of Poland.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"32 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":"124543330","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 Court of Human Rights and COVID-19: What are Standards for Health Emergencies?","authors":"V. Ćorić, Ana Knežević Bojović","doi":"10.22364/iscflul.8.2.26","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.26","url":null,"abstract":"The European Court of Human Rights is currently facing a challenge in dealing with numerous applications linked to the COVID-19 pandemic and the related restrictions aiming to protect human life and health, which, at the same time, limit some of the most important human rights and fundamental freedoms. Legal scholars have voiced different views as to the complexity of this task, invoking the previous case law on infectious diseases and on military emergencies to infer standards that would be transferrable to COVID-19-related cases, or the margin of appreciation of domestic authorities pertaining to health care policy as the approaches ECtHR could take in this respect. The present paper argues that the ECtHR would be well advised to resort to a more systemic integrated approach, which implies the need to consider obligations emanating from other health-related international instruments in setting the standards against which it will assess the limitations of human rights during the COVID-19 outbreak. Hence, the authors reflect on the potential contribution of the integrated approach to the proper response of the ECtHR in times of the pandemic. The review shows that both the ECtHR’s caselaw on the integrated approach, as well as its theoretical foundation leave enough room for a wide application by the ECtHR of the right to health, and likewise – soft law standards emanating from the various public health-related instruments, when adjudicating cases dealing with the alleged violations of human rights committed during the COVID-19 outbreak. Subsequently, the paper critically assesses to what extent the ECtHR has taken into account the right to health-related instruments in its previous case law on infectious diseases. This is followed by a review of the existing, albeit sparse, jurisprudence of the ECtHR in its ongoing litigations pertaining to restrictions provoked by COVID-19 pandemic, viewing them also in the context of the integrated approach. The analysis shows that ECtHR did not systemically utilize the integrated approach when addressing the right to health, even though it did seem to acknowledge its potential. The authors then go on to scrutinize the relevant health emergency standards stemming from international documents and to offer them as a specific guidance to the ECtHR regarding the scope of the right to health which will help in framing the analysis and debate about how the right to health is guaranteed in the context of COVID-19. Consequently, building on the proposed integrity approach, examined theoretical approaches, and standards on the right to health acknowledged in relevant supranational and international instruments, the authors formulate guidance on the path to be taken by the ECtHR.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"153 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":"126889154","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 Challenges of the “Right to Repair” in the EU Legal Framework","authors":"F. Salerno","doi":"10.22364/iscflul.8.2.08","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.08","url":null,"abstract":"Manufacturers largely offer disposable products, and most products actually are not built to last and cannot be easily repaired or recycled. Often manufacturers actually design products to quickly become obsolete, forcing consumers into constant upgrades. Replacing this production model with a system that, by providing access to the necessary information, encourages consumers to repair and reuse products, would offer many advantages. In addition to the environmental benefits, promoting repairable products is good for the local economy and the labour market, particularly small businesses, which consumers typically turn to for repairs. Consumers also benefit by having access to longer lasting and more cost-efficient products. In view of these objectives and within the scope of a wider framework established by Directive 2009/125/EC, the European Community has adopted certain measures, including regulations for the ecodesign of energy-related products, which came into effect on 1 March 2021. Although they refer to a limited number of consumer goods, these regulations have essentially introduced the “right to repair.” This marks a first step, which will have to be followed by other initiatives but could open the door to a new system. Starting from this EU legislation and the objectives it pursues, the author in this paper intends to investigate the “right to repair,” taking into account the various regulatory areas likely to be affected by it and highlighting, among other things, any limitations and possible challenges posed by its implementation.","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":"130052433","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":"Effective Measures Against Harmful Disinformation in the EU in Digital Communication","authors":"Irēna Kucina","doi":"10.22364/iscflul.8.2.11","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.11","url":null,"abstract":"Digitalisation has opened new technological horizons before society in terms of creating a better physical world and personal life. Impact of technologies on medicine, reduction of environmental pollution, resource savings and other areas is obvious. Digital technologies kept Latvian parliament (Saeima), government, public institutions, schools and business open or working remotely during pandemic to ensure running of the state, economy and society under restrictions and preventing close contact. Pandemic would have made our lives significantly harder 30 years ago. Digital revolution is on the rise. Global data output is doubling every year. Just picture hundreds of thousands of Google searches and Facebook entries we generate every minute. They convey valuable information about what we think and experience. It has also become apparent that technological euphoria has clouded our vision and we have failed to spot the threats to democracy, human rights and freedoms. Digitalisation come with great opportunities, but it also poses enormous risks, especially for democracy and rule of law. On 15 December 2020, European Commission announced two new legislative proposals (proposals for regulation) – Digital Services Act and Digital Markets Act . Their main objective is to make internet safer for people who use it, in particular, for buying goods and services, and for the first time ever these regulations also contain provisions regarding reduction of threats to democracy and rule of law emanating from digital tools. This paper analyses two significant legal risks associated with digitalisation that need to be mentioned: Big Data threats to fundamental human rights such as privacy (I) and threats to freedom of speech on social media (II), which are then evaluated from the perspective of interconnected legislative proposals announced by the Commission on 15 December 2020 (Digital Services Act and Digital Markets Act), followed by an assessment of how well they address (or not) the aforementioned risks (III). In conclusion, paper offers several proposals on how Latvia should address these issues during consultation process (IV).","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":"132930588","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":"Commission By Omission","authors":"Cristina Nicorici","doi":"10.22364/iscflul.8.2.23","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.23","url":null,"abstract":"The concept of state penalising a person for his or her failure to act must be understood and analysed as transcending a criminal responsibility for something that a person has failed to do. The idea that, unless a person complies with the obligations imposed by the state and acts accordingly, he or she will receive a court sentence, is related to the principle of legality in criminal law, individual liberty to act, and the rule of law. This article will underline the concept of improper omission, and how the criminal liability for improper omission is affecting individual liberty. Should there be a general responsibility to help other persons? Which are the obligations, whose neglect should result in criminal responsibility? Should there be situations, expressly regulated by the law, in which a person, although he or she has omitted to do something, should not be held criminally responsible? These are some of the questions I intend to answer in this article, offering a theoretical presentation of the main theories of responsibility for omissions. In conclusion, a theoretical study about criminal responsibility for omissions is, in essence, a study about the rule of law and individual liberty.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"29 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":"122623791","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}