International Comparative Jurisprudence最新文献_第10页

Procedure before the European Union Civil Service Tribunal: Specific aspects 欧洲联盟公务员法庭的程序:具体方面

International Comparative Jurisprudence Pub Date : 2016-09-01 DOI: 10.1016/j.icj.2016.05.002

Inga Jablonskaitė-Martinaitienė , Natalija Točickienė

{"title":"Procedure before the European Union Civil Service Tribunal: Specific aspects","authors":"Inga Jablonskaitė-Martinaitienė , Natalija Točickienė","doi":"10.1016/j.icj.2016.05.002","DOIUrl":"10.1016/j.icj.2016.05.002","url":null,"abstract":"<div><p>The distinct character of the Civil Service Tribunal as well as its case-law has led to a number of procedural particularities and innovations. The Civil Service Tribunal encourages the parties to a case to favour an amicable settlement of the dispute. In the staff cases the amicable settlement procedure is of very significant value as it allows achieving a balanced and for both parties to a case acceptable solution.</p><p>The particular attention needs to be paid to the allocation of costs according to the rules governing the procedure before the Civil Service Tribunal. It is to be noted that a special rule previously had applied to the staff cases, according to which the applicant did not pay the institution's costs even if he lost the case. The special rule was abolished as from the 1st November 2007 and today a general rule stating that the unsuccessful party shall be ordered to pay the costs has to be applied. However, as it is apparent from the case-law of the Civil Service Tribunal, the general rule is not applied automatically.</p><p>Attention must be also drawn to the provisions granting the Tribunal the possibility of ordering any claimant bringing a manifestly abusive action to reimburse the costs occasioned by that action. The Tribunal is faced with an increasing number of actions from claimants who misuse that judicature, the cases brought by those applicants often take up a disproportionate amount of the Tribunal's time and impedes its functioning.</p><p>Thus, this article analyses the abovementioned specific aspects of the procedure before the Civil Service Tribunal. These procedural aspects are compared to the aspects of procedure before the Court of Justice and the General Court.</p></div>","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"2 1","pages":"Pages 45-54"},"PeriodicalIF":0.0,"publicationDate":"2016-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1016/j.icj.2016.05.002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"54981299","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Compensation of non-pecuniary damage to persons close to the deceased or to the aggrieved person 对死者亲属或受害人亲属的非金钱损害赔偿

International Comparative Jurisprudence Pub Date : 2016-09-01 DOI: 10.1016/j.icj.2016.03.001

Janno Lahe , Irene Kull

引用次数: 5

Government formation and cabinet types in new democracies: Armenia and Georgia in comparative European perspective 新民主国家的政府组成和内阁类型:比较欧洲视角下的亚美尼亚和格鲁吉亚

International Comparative Jurisprudence Pub Date : 2016-09-01 DOI: 10.1016/j.icj.2016.06.001

Malkhaz Nakashidze

引用次数: 4

Equal access to publicly funded health care services: The legal experiences of Finland and Kazakhstan 平等享有公费保健服务:芬兰和哈萨克斯坦的法律经验

International Comparative Jurisprudence Pub Date : 2015-12-01 DOI: 10.1016/j.icj.2015.12.006

Mariya Riekkinen , Pekka Riekkinen , Kanat Kozhabek , Aizhan Zhatkanbayeva , Gennady Chebotarev

{"title":"Equal access to publicly funded health care services: The legal experiences of Finland and Kazakhstan","authors":"Mariya Riekkinen , Pekka Riekkinen , Kanat Kozhabek , Aizhan Zhatkanbayeva , Gennady Chebotarev","doi":"10.1016/j.icj.2015.12.006","DOIUrl":"10.1016/j.icj.2015.12.006","url":null,"abstract":"<div><p>This article deals with the issue of equality in access to publicly funded health care based on the example of two jurisdictions, Finland and Kazakhstan. Legislative provisions of such access differ significantly in these two states. These differences culminate in the notion of citizenship. If Finland guarantees the right to publicly funded health care to everyone who is legally residing within its territory, Kazakhstan departs from that premise in that only its citizens are entitled with such a right. These and other differences led us to enquire into the fundaments of patient rights in both jurisdictions. We find that both states are facing inequalities of disadvantage regarding access to health care by vulnerable population groups. Both jurisdictions strive towards reducing inequalities in factual distribution of health care services, experiencing the phenomenon of gradual deterioration of public health care. In Finland this deterioration is mostly due to the growth of private actors providing health care services, subsidised partly by the state. In Kazakhstan it is due to the inefficient system of funding medical institutions based on the number of citizens registered within a certain institution.</p><p>In our opinion, legal solutions against inequalities in access to publicly funded health care regard, firstly, reconsideration of the status of non-citizens in situations of urgent medical interventions. Secondly, they encourage a shift in official legal doctrine towards fuller recognition of individual patient rights, and the introduction of instances dealing with these rights such as, e.g. a patient ombudsman and independent national authority supervising health care services.</p></div>","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"1 2","pages":"Pages 121-132"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1016/j.icj.2015.12.006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"54980975","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Interaction between the doctrines of forum non conveniens, judgment enforcement, and the concept of the rule of law in transnational litigation in the United States 美国跨国诉讼中不方便法院原则、判决执行原则与法治理念的互动

International Comparative Jurisprudence Pub Date : 2015-12-01 DOI: 10.1016/j.icj.2015.12.003

Mantas Pakamanis

引用次数: 3

Combating corruption: The development of whistleblowing laws in the United States, Europe, and Armenia 《打击腐败:美国、欧洲和亚美尼亚举报法律的发展》

International Comparative Jurisprudence Pub Date : 2015-12-01 DOI: 10.1016/j.icj.2015.12.005

David Schultz , Khachik Harutyunyan

引用次数: 51

The right of publicity in the USA, the EU, and Ukraine 在美国、欧盟和乌克兰的宣传权

International Comparative Jurisprudence Pub Date : 2015-12-01 DOI: 10.1016/j.icj.2015.12.001

Kateryna Moskalenko

{"title":"The right of publicity in the USA, the EU, and Ukraine","authors":"Kateryna Moskalenko","doi":"10.1016/j.icj.2015.12.001","DOIUrl":"10.1016/j.icj.2015.12.001","url":null,"abstract":"<div><p>The purpose of the research is to compare the regulation of the right of publicity in the USA, the EU and Ukraine and to analyze its legal nature.</p><p>Conducted examination allowed to conclude on the following. The right of publicity is one of the emerging rights belonging to celebrities who have gained publicity in certain spheres of show business (singers, actors, artists, writers, etc.), the sports industry, or politics; individuals who have become the victims of crime; and others. American legal doctrine has already developed case law and a legal framework allowing famous persons to freely license and transfer their right of publicity. The countries of the EU have not developed a unique approach regarding the right of publicity, while the Bailiwick of Guernsey has introduced a unique system of protection of the so-called image rights, creating a special register of such rights and allowing protection of moral and patrimonial rights to one׳s image, which is broadly defined.</p><p>The right of publicity is distinguished from trademarks and copyright; an analysis of their legal nature shows that these objects are not identical.</p><p>Current Ukrainian legislation provides for protection of one`s name and image, however the emerging market of show business in Ukraine makes it obvious that the right of publicity shall be introduced into Ukrainian Civil Code. A new right in Ukraine can be based on the example of the American model (i.e. on relevant provisions of the California Civil Code).</p></div>","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"1 2","pages":"Pages 113-120"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1016/j.icj.2015.12.001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"54978730","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

The need for legal regulation of global emissions from the aviation industry in the context of emerging aerospace vehicles 在新兴航空航天飞行器的背景下，需要对航空工业的全球排放进行法律管制

International Comparative Jurisprudence Pub Date : 2015-12-01 DOI: 10.1016/j.icj.2015.12.004

Paulina E. Sikorska

{"title":"The need for legal regulation of global emissions from the aviation industry in the context of emerging aerospace vehicles","authors":"Paulina E. Sikorska","doi":"10.1016/j.icj.2015.12.004","DOIUrl":"10.1016/j.icj.2015.12.004","url":null,"abstract":"<div><p>Emissions of black carbon from aerospace vehicles pose a challenge to international regulators. This mode of transport is still in its infancy, but is predicted to develop rapidly. Despite the lack of comprehensive scientific research, it has been argued that black carbon is the main contributor to climate change after greenhouse gases.</p><p>These emissions, which cause transboundary pollution, cannot be effectively reduced by national laws because of differences in emissions standards. The main challenge is how to regulate them – through binding or non-binding laws – and in which form – harmonisation or unification of laws. International air and space regulations are subject to the trends of politicisation and economisation. The lack of a binding international law that regulates greenhouse gas emissions from the aviation industry is primarily caused by a lack of political will and economic calculations of certain states with respect to limits on their national interests. This article proposes soft law as a solution to stagnation in creating binding international regulations for emissions in the aviation and aerospace industry.</p></div>","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"1 2","pages":"Pages 133-142"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1016/j.icj.2015.12.004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"54980591","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

Accession of the EU to the ECHR: Issues of the co-respondent mechanism 欧盟加入欧洲人权公约:共同被告机制的问题

International Comparative Jurisprudence Pub Date : 2015-12-01 DOI: 10.1016/j.icj.2016.01.001

Inga Daukšienė , Simas Grigonis

引用次数: 2

Method of civil procedure 民事诉讼方式

International Comparative Jurisprudence Pub Date : 2015-12-01 DOI: 10.1016/j.icj.2015.12.002

Oksana Kiriiak

{"title":"Method of civil procedure","authors":"Oksana Kiriiak","doi":"10.1016/j.icj.2015.12.002","DOIUrl":"10.1016/j.icj.2015.12.002","url":null,"abstract":"<div><p>Investigating the civil procedure regulation as a set of interrelated tools and techniques (imperative, dispositive and determinative) providing legal impact on the behaviour of civil procedure participants, this article is to substantiate that the method of civil procedure is a set of techniques (imperative, dispositive and determinative), methods (permissions, regulations, prohibitions, sanctions) and means (the consequences of failure to comply with civil procedural rules) of regulation implemented in the administration of justice in civil cases. However, determinative method of civil procedure regulations is a kind of methodological system of weights and balances, where the dispositive will of the parties and the imperative discretion of the court dialectically transform themselves in a new quality representing a symbiosis of the ways and techniques of civil procedure regulations. Moreover, summarizing the comparative aspect of the conducted research, it is proved that there are more than enough reasonable grounds to state that despite some discrepancy in the scientific approaches of theoretical legal proceedings, the litigation in practice requires the usage of simultaneous methodological techniques for procedural regulation in different countries.</p></div>","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"1 2","pages":"Pages 143-151"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1016/j.icj.2015.12.002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"54978345","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0