Ius Novum最新文献

Legal Status of the Polish Academy of Arts and Sciences 波兰艺术与科学院的法律地位

Ius Novum Pub Date : 2023-06-30 DOI: 10.2478/in-2023-0025

Marcin Gubała

引用次数: 0

On the Concept of an Appellate Measure in a Criminal Proceeding 论刑事诉讼中上诉措施的概念

Ius Novum Pub Date : 2023-06-30 DOI: 10.2478/in-2023-0023

Bartosz Łukowiak

引用次数: 1

The Attack on the Protected Legal Interest: A Criminalisation Principle and an Element of the Criminal Offence? 对受保护的法律利益的攻击:刑事定罪原则与刑事犯罪要件?

Ius Novum Pub Date : 2023-06-30 DOI: 10.2478/in-2023-0019

Javier Gómez Lanz

引用次数: 0

The Paradox of Democratic Strengthening: Criminalisation of Political Terrorism as a Legal Discrediting Mechanism 民主强化的悖论：作为一种法律差异机制的政治恐怖主义的刑事化

Ius Novum Pub Date : 2023-06-30 DOI: 10.2478/in-2023-0020

Alexis Couto De Brito, Jenifer Moraes

引用次数: 0

Amendment to the Rights and Obligations of a Journalist in Act: Press Law from the Perspective of Conscience Clause 记者权利义务法修正案——基于良心条款的新闻法

Ius Novum Pub Date : 2023-06-30 DOI: 10.2478/in-2023-0024

Jacek Sobczak, Maria Gołda-Sobczak

{"title":"Amendment to the Rights and Obligations of a Journalist in Act: Press Law from the Perspective of Conscience Clause","authors":"Jacek Sobczak, Maria Gołda-Sobczak","doi":"10.2478/in-2023-0024","DOIUrl":"https://doi.org/10.2478/in-2023-0024","url":null,"abstract":"Abstract The conscience clause, sometimes also referred to as the right to conscientious objection, is based on the possibility of refusing to comply with a binding legal norm due to its non-conformity with the indications of conscience of the person who invokes its content. Commonly derived, especially in Poland, from Article 53 of the Constitution of the Republic of Poland, this clause initially applied to physicians’ actions. It was also suggested that this clause could form the basis for conscientious objection to an abortion procedure. Drawing on Article 10(2) of the Charter of Fundamental Rights of the European Union, and emphasising the differences in the wording of this provision in different language versions, the article argues that such interpretation of the conscience clause is too narrow and poor. Attention is drawn to the amendments made to the wording of Article 10(2) of the Press Law, where the legislator replaced the journalist’s obligation to follow the editorial policy with the right to refuse to carry out an official order if the journalist believed that they were expected to publish a material that would violate the principles of reliability, objectivity and professional diligence. This solution undoubtedly constitutes the approval of the broadly understood conscience clause explicitly formulated in the Charter of Fundamental Rights of the European Union. The content of Article 10(2) of the EU Charter of Fundamental Rights allows for conscientious objection to apply to actions of the representatives across all professions.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"17 1","pages":"95 - 116"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42806508","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

Admissibility of Reopening Cassation and Reopening Proceedings Concluded with a Decision Dismissing the Extraordinary Appeal Measure 以驳回特别上诉措施的决定结束的重新上诉和重新诉讼的可受理性

Ius Novum Pub Date : 2023-06-30 DOI: 10.2478/in-2023-0022

Michał Hudzik

引用次数: 0

Compliance and its Contributions to Safety at Work 合规及其对工作安全的贡献

Ius Novum Pub Date : 2023-06-30 DOI: 10.2478/in-2023-0021

Paula Andrea Ramirez Barbosa

引用次数: 0

Key Elements of the Criminal Law Conflict System, with Special Reference to Spanish Criminal Law 刑法冲突制度的关键要素——以西班牙刑法为例

Ius Novum Pub Date : 2023-06-30 DOI: 10.2478/in-2023-0018

Antonio Obregón García

引用次数: 0

Disability Pension Granted Due to the Reduction of Prospects for Success in the Future 因未来成功前景减少而发放的残疾养恤金

Ius Novum Pub Date : 2023-06-01 DOI: 10.2478/in-2023-0014

Krzysztof Mularski, Krzysztof Grzesiowski

{"title":"Disability Pension Granted Due to the Reduction of Prospects for Success in the Future","authors":"Krzysztof Mularski, Krzysztof Grzesiowski","doi":"10.2478/in-2023-0014","DOIUrl":"https://doi.org/10.2478/in-2023-0014","url":null,"abstract":"Abstract The aim of this article is to interpret the conditions for, and the content of, a claim for an appropriate disability pension granted due to the reduction of prospects for success in the future (referred to as the third disability pension condition under Article 444 § 2 of the Civil Code). The chosen subject of analysis is primarily justified by the relative lack of attention this disability pension has received in legal literature compared to pensions granted due to other conditions specified in Article 444 § 2 CC. The authors focus on resolving some of the interpretative doubts in the civil law related to the phrase “reduction of the prospects for success in the future”. The derivative conception of legal interpretation serves as the foundation for their analyses. The article posits that a claim for a pension due to the reduction of prospects for success in the future is available to every natural person (including a conceived child) who has suffered a bodily injury or health disorder resulting in a loss of the ability to work (in the broad sense of the term), including the ability to perform household chores and, consequently, the material or financial benefits such work would provide. According to the authors, the provision’s apparent role is to resolve interpretative doubts regarding the pecuniary benefits that the aggrieved party would likely obtain in the future. This likelihood is higher than low or small, but lower than the probability bordering on certainty (or at least very high), which is the usual requirement for lost benefits in order to be granted a disability pension. This result of the interpretation is fully justified in both functional and systemic interpretative directives, as the legislator, to a certain extent, favours the interests of the person who suffered personal injury over those of the entity responsible for the damage.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"17 1","pages":"86 - 107"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43095160","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

A Legal Good Under Art. 62(1) of the Act on Counteracting Drug Addiction of 2005 2005年《反吸毒成瘾法》第62(1)条规定的一种法律利益

Ius Novum Pub Date : 2023-06-01 DOI: 10.2478/in-2023-0011

Katarzyna Tkaczyk-Rymanowska

{"title":"A Legal Good Under Art. 62(1) of the Act on Counteracting Drug Addiction of 2005","authors":"Katarzyna Tkaczyk-Rymanowska","doi":"10.2478/in-2023-0011","DOIUrl":"https://doi.org/10.2478/in-2023-0011","url":null,"abstract":"Abstract The focus of this article is the regulation of Article 62(1) of the Act on Counteracting Drug Addiction of 29 July 2005, often referred to in literature as ‘possession for personal use’. The fundamental issue related to the subject matter pertains to the definition of the legal good in Art. 62(1) of the Act. Contrary to initial impressions, identifying this interest is neither simple nor unequivocal, as there may be doubts over whether such a good protected by law exists and, if so, whether it should be protected under criminal law. The article also explores the correlation of this legal good and the need to protect it with other legal goods protected by the Constitution (e.g. individual freedom). Additionally, the article also examines the significance of the consent of a holder of a given good for the exclusion of unlawfulness or the absence of any attack on the legal good. Behaviour undertaken with the consent of the holder, allegedly “violating” the legal good, is after all, an act that conforms to the norm from the outset, and therefore does not involve any element of unlawfulness. As such, it does not constitute a criminal act. There are doubts whether in the case of possession and use of drugs, there is a threat to the legal good or whether such conduct is lawful from the very beginning, given the consumer’s consent. The article critiques the existing criminal law regulations, and its key argument is the thesis that drug addiction is an issue of exclusively medical and social concern, rather than one of criminal law.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"17 1","pages":"36 - 61"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43899762","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