International Comparative Jurisprudence最新文献_第4页

INVESTMENT COURT SYSTEM OF CETA: ADVERSE EFFECTS ON THE AUTONOMY OF EU LAW AND POSSIBLE SOLUTIONS CETA投资法庭制度对欧盟法律自主权的不利影响及对策

International Comparative Jurisprudence Pub Date : 2019-12-18 DOI: 10.13165/j.icj.2019.12.003

Simas Grigonis

引用次数: 2

The Impact of the Judgement in Case C-219/17, Berlusconi and Fininvest, on Court Jurisdiction Regarding Legality of Acts by Institutions of Single Resolution Mechanism 贝卢斯科尼与菲尼维斯特案C-219/17判决对单一决议机制机构行为合法性法院管辖权的影响

International Comparative Jurisprudence Pub Date : 2019-12-18 DOI: 10.13165/j.icj.2019.12.004

Martin Maarand

引用次数: 0

INTERNATIONAL COMMERCIAL ARBITRATION – ENFORCEMENT OF ARBITRAL AWARDS REVISITED 国际商事仲裁——再论仲裁裁决的执行

International Comparative Jurisprudence Pub Date : 2019-12-18 DOI: 10.13165/j.icj.2019.12.005

Pranas Mykolas Mickus

引用次数: 0

NATIONAL MINORITY AND THE RULE OF LAW: THE CASE OF TATARS AND TATAR LANGUAGE IN CONTEMPORARY RUSSIA 少数民族与法治:当代俄罗斯鞑靼人和鞑靼语的个案

International Comparative Jurisprudence Pub Date : 2019-12-18 DOI: 10.13165/j.icj.2019.12.006

E. Lyapina

{"title":"NATIONAL MINORITY AND THE RULE OF LAW: THE CASE OF TATARS AND TATAR LANGUAGE IN CONTEMPORARY RUSSIA","authors":"E. Lyapina","doi":"10.13165/j.icj.2019.12.006","DOIUrl":"https://doi.org/10.13165/j.icj.2019.12.006","url":null,"abstract":"In July 2017, during a meeting of the Council on Interethnic Relations, in the framework of the Strategy of Russia’s national policy the Russian president declared that children should not be forced to study indigenous languages in the national republics of Russia. In November of the same year, the Republic of Tatarstan’s Parliament abolished compulsory study of Tatar language in schools, contrary to the Constitution of Russia and its Federal legislation providing equal legal statuses to Russian and Tatar languages in the Republic of Tatarstan. Tatars, being a Turkic nation with Islamic views, are the second largest ethnic population in Russia, where the dominant vector of national identity is orthodox and Slavic. Recently, the issue of Tatar identity and Tatar language is under pressure from political discourse which prevails over the legal order, and which may lead to a decrease in the level of multiculturalism in the country. The author concludes that the Rule of Law is at risk since the rights of minorities to an education in their native language, which are guaranteed not only by international treaties but also by the Constitution and Federal law of Russia, are being disregarded or opted out of by the new Law on Education in Russia.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47015997","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}

引用次数: 1

The Judge as an Impartial Subject in Criminal Proceedings: The Case of Lithuania 刑事诉讼中的公正主体法官:立陶宛案例

International Comparative Jurisprudence Pub Date : 2019-06-28 DOI: 10.13165/J.ICJ.2019.05.010

Rasa Žibaitė–Neliubšienė

引用次数: 0

The Constitutional Right to Information in Poland. Theory and Practice 波兰宪法规定的知情权。理论与实践

International Comparative Jurisprudence Pub Date : 2019-06-28 DOI: 10.13165/J.ICJ.2019.05.005

Michał Bernaczyk

引用次数: 0

LEGAL REGIME OF PROPERTY OF UKRAINIAN LEGAL ENTITIES 乌克兰法律实体财产的法律制度

International Comparative Jurisprudence Pub Date : 2019-06-28 DOI: 10.13165/J.ICJ.2019.05.007

Inna Spasibo-Fateeva

{"title":"LEGAL REGIME OF PROPERTY OF UKRAINIAN LEGAL ENTITIES","authors":"Inna Spasibo-Fateeva","doi":"10.13165/J.ICJ.2019.05.007","DOIUrl":"https://doi.org/10.13165/J.ICJ.2019.05.007","url":null,"abstract":"This article examines the existing legal regime of property of legal entities under Ukrainian legislation. Various forms of legal right to property are analysed by the author: ownership, right of economic and operational management, right to use and other real rights and rights of obligation (rights in personam). Most existing titles are controversial, both from a theoretical and practical standpoint. From a theoretical standpoint, it is rather hard to distinguish these forms one from another and to point out their peculiarities. This is especially true about rights of economic and operational management, which were designed in the Soviet period for the purposes of the Soviet economy, but somehow remained in modern Ukrainian legislation. As existing case law shows, this leads to numerous legal disputes which reveal, in particular, the problems of liability of a legal entity and its property independence. The most notorious among these disputes are analysed in the paper, including the dispute between the Ukrainian state and Ukrainian trade unions regarding property transferred to them by the former USSR, the dispute between certain Ukrainian companies and the Russian Federation on property expropriated in Crimea. Based on the analysis, the author suggests certain solutions to existing problems. First, the author insists on recognizing legal entities as property owners. Second, the author proves that public companies need more detailed regulation and are to be provided a clear legal status. It is preferable to stipulate these issues in the Civil Code of Ukraine thus providing comprehensive regulation on all types of legal entities.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46814091","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}

引用次数: 0

CONSTITUTIONAL STABILITY AND DYNAMICS IN THE CZECH REPUBLIC 捷克共和国的宪法稳定与动态

International Comparative Jurisprudence Pub Date : 2019-06-28 DOI: 10.13165/J.ICJ.2019.05.003

Jan Grinc

{"title":"CONSTITUTIONAL STABILITY AND DYNAMICS IN THE CZECH REPUBLIC","authors":"Jan Grinc","doi":"10.13165/J.ICJ.2019.05.003","DOIUrl":"https://doi.org/10.13165/J.ICJ.2019.05.003","url":null,"abstract":"This article discusses the stability and dynamics of the Czech constitution, especially the ‘frame of government’. First, the circumstances of the adoption of the Czech Constitution from 1993 are described, as well as the initial problems with the implementation of bicameralism. Second, the rigidity of the constitution in formal and material sense is analysed. Here, the article demonstrates that the procedural rules for adopting constitutional acts (qualified majorities in both chambers of the Parliament) have to be considered in connection with the electoral and political system in the Czech Republic in order to get a good picture. By an overview of constitutional acts adopted since 1993, it is shown that the constitutional system has not been subject to major changes and remained rather stable. Two important exceptions, i.e. moments of constitutional development are discussed in detail: the cancellation of early election in the Chamber of Deputies by the annulment of a constitutional act by the Constitutional Court and the introduction of direct election of the President of the Republic and its impact. In both cases, the lack of governmental control over the dissolution of the Chamber of Deputies—arguably the weakest point of the constitutional system—amplified the political crises in the short-term, but did not prevent the return to regular functioning of the parliamentary system. The article, therefore, comes to the conclusion that the Czech constitution is rather stable and functional. The rules ensuring its rigidity have been successful and may serve as an inspiration from the comparative perspective.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48033694","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}

引用次数: 0

DIRECT APPLICATION OF THE REPUBLIC OF POLAND’S CONSTITUTION IN THE CASE LAW OF ADMINISTRATIVE COURTS 在行政法院的判例法中直接适用波兰共和国宪法

International Comparative Jurisprudence Pub Date : 2019-06-28 DOI: 10.13165/J.ICJ.2019.05.004

Ewa Wojcicka

引用次数: 0

POLISH CONSTITUTION AFTER 20 YEARS 20年后的波兰宪法

International Comparative Jurisprudence Pub Date : 2019-06-28 DOI: 10.13165/J.ICJ.2019.05.002

J. Żurek

引用次数: 0