Review of European and Comparative Law最新文献

Informed Consent in Clinical Studies in the Republic of Srpska 塞族共和国临床研究中的知情同意问题

Review of European and Comparative Law Pub Date : 2024-05-06 DOI: 10.31743/recl.17188

Snežana Pantović, Dijana Zrnić

{"title":"Informed Consent in Clinical Studies in the Republic of Srpska","authors":"Snežana Pantović, Dijana Zrnić","doi":"10.31743/recl.17188","DOIUrl":"https://doi.org/10.31743/recl.17188","url":null,"abstract":"As human medicine is developing at a galloping pace, continuously offering new medical products, diagnostic methods and preventive programmes, there is almost no time gap between their creation and application in medical practice. All these biomedical achievements are primarily intended to improve public health and the patient’s quality of life and health. Hence, it is important to define potential risks, side effects, and unwanted outcomes when applying a medical product/treatment before integrating it into healthcare. Unlike any other product/treatment intended for human use, medical products/treatments require prior clinical testing on human subjects (sick or sound). The authors of this paper have restricted their scientific interest to the participant (human subject) of a clinical study as one of the core elements of a clinical investigation, representing at the same time its means and its aim. By analyzing relevant international as well as national legal rules and ethical principles of the Republic of Srpska related to the participation of humans in clinical studies, it will be concluded that the participants’ safety and right to self-determination, integrity, and autonomy manifested through their independent right to either consent or refuse to participate in a clinical study supersedes the interests of science or society. However, clinical trial-related statistical data obtained from randomly chosen healthcare institutions in the Republic of Srpska will show certain derogations from prescribed ethical policies. Considering this fact, the authors have paid special attention to thematising the ethicality of recruiting participants for a clinical study based on partial or no information related to the purpose, methods, potential risks and side effects of the investigation in the name of the greater good for humanity. Such practice has accentuated the discretionary powers of ethical review committees on the one side and the uncertainty of the right to informed consent on the other.","PeriodicalId":337306,"journal":{"name":"Review of European and Comparative Law","volume":"144 7‐8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141007254","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

EAW: Next Steps, Will Pandora’s Box Be Opened? EAW:下一步，潘多拉的盒子会被打开吗?

Review of European and Comparative Law Pub Date : 2023-09-30 DOI: 10.31743/recl.16169

Vincent Glerum, Hans Kijlstra

引用次数: 0

Mediation as Means of Communication for Public Administration in Settling Administrative Disputes 调解作为公共行政解决行政纠纷的沟通手段

Review of European and Comparative Law Pub Date : 2023-09-30 DOI: 10.31743/recl.16226

Katarzyna Kułak-Krzysiak, Paweł Śwital

引用次数: 0

Obtaining Evidence Protected by Banking Secrecy through European Investigation Order in Preparatory Proceedings. Remarks from the Polish Perspective 在预备程序中通过欧洲调查令获取受银行保密保护的证据。波兰方面的评论

Review of European and Comparative Law Pub Date : 2023-09-30 DOI: 10.31743/recl.16210

Marek Ryszard Smarzewski

{"title":"Obtaining Evidence Protected by Banking Secrecy through European Investigation Order in Preparatory Proceedings. Remarks from the Polish Perspective","authors":"Marek Ryszard Smarzewski","doi":"10.31743/recl.16210","DOIUrl":"https://doi.org/10.31743/recl.16210","url":null,"abstract":"The subject matter of considerations undertaken in the paper is the issue of obtaining evidence entailing banking secrecy under the European Investigation Order at the stage of the preparatory proceedings from the Polish perspective. The examination of the described evidence activity is often necessary to make key findings, for example, in the field of the data on bank accounts or bank transactions. Actions taken in this regard may concern the monitoring of banking operations and may also be used for establishing financial links between entities operating in different European Union Member States. The procedure for applying the European Investigation Order generates many problems in the analysed scope, in particular at the stage of the preparatory proceedings, starting from determining the authority competent to issue the European Investigation Order, to the need to consider legitimacy of obtaining the consent by the prosecutor to exempt from banking secrecy in order to further request for the required information. Against the background of the issues presented in the article, an attempt was made to analyse the normative institution of the European Investigation Order, used for obtaining evidence covered by banking secrecy, and to show the model that determines its optimal functioning in the face of existing problems in the application challenges related to the European cooperation in this area.","PeriodicalId":337306,"journal":{"name":"Review of European and Comparative Law","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135084553","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 Bottom-up Look at Mutual Trust and the Legal Practice of the Aranyosi Test 从自下而上看相互信任与阿兰诺斯测验的法律实践

Review of European and Comparative Law Pub Date : 2023-09-30 DOI: 10.31743/recl.16203

Christina Peristeridou

{"title":"A Bottom-up Look at Mutual Trust and the Legal Practice of the Aranyosi Test","authors":"Christina Peristeridou","doi":"10.31743/recl.16203","DOIUrl":"https://doi.org/10.31743/recl.16203","url":null,"abstract":"This contribution offers an insight into the legal practice of the Aranyosi test during the EAW proceedings in seven Member States, an outcome of the research conducted during the ImprovEAW Project. Only the executing judicial authorities of some Member States do trigger the test. Member States are roughly differentiated between those having facilities with usually bad or usually good detention conditions, promoting antagonistic relationships instead of equal partnership. The lack of streamlining of the communication when supplementary information is requested, the lack of common standards and approach towards guarantees lead to further misunderstandings and frustration. The findings of this research have revealed the importance of departing from a pure legal understanding of mutual trust and follow a more empirical, experiential or bottom-up concept. Mutual trust is not only a legal concept, but it underpins the legal culture of the cooperation and collegial attitudes of authorities towards one another. This expression of mutual trust remains quite undiscovered: how is miscommunication affecting mutual trust? Do judicial authorities of legal systems express collegiality to one another? How do cultural aspects and preconceived ideas regarding the quality of other legal systems influence mutual trust? Accordingly, some suggestions have been made to improve the cooperation and the establishment of rapport when supplementary information is requested. Finally, I advocate for a more neutral view towards the Aranyosi test. As opposed to considering it as a supervisory mechanism, I have explored the idea of approaching it as a risk management tool: it tackles risks created by mutual trust. Such approach helps both sides to take responsibility to avert ad hoc risks, instead of experiencing Aranyosi as a testing moment. Such approach centres the real problem, i.e. the risks created by mutual trust for individuals and it can stimulate more proactive policy-making in this regard.","PeriodicalId":337306,"journal":{"name":"Review of European and Comparative Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135084584","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 Double-Edged-Sword Approach to Fighting Pandemics: Patent Waivers and Incentives to Innovate 对抗流行病的双刃剑:专利豁免和创新激励

Review of European and Comparative Law Pub Date : 2023-09-30 DOI: 10.31743/recl.15503

Katarzyna Kostka, Mitja Kovač

引用次数: 0

Erosion of the Principle of Mutual Recognition. European Arrest Warrant and the Principle of Mutual Recognition in the Light of the Recent CJEU Rulings 相互承认原则受到侵蚀。从欧洲法院近期判决看欧洲逮捕令与相互承认原则

Review of European and Comparative Law Pub Date : 2023-09-30 DOI: 10.31743/recl.16209

Andrzej Sakowicz

引用次数: 0

The Obligation to Report Cases of Child Sexual Abuse – Comparison of Legal Regulations in Poland, Austria, and the Federal Republic of Germany 报告儿童性虐待案件的义务——波兰、奥地利和德意志联邦共和国法律法规的比较

Review of European and Comparative Law Pub Date : 2023-09-30 DOI: 10.31743/recl.16233

Iwona Magdalena Bień-Węgłowska, Ewa Tuora-Schwierskott

引用次数: 0

Right to Effective Legal Remedy in Criminal Proceedings in the EU. Implementation and Need for Standards 欧盟刑事诉讼中有效法律救济的权利。标准的实施和需要

Review of European and Comparative Law Pub Date : 2023-09-30 DOI: 10.31743/recl.16244

Karolina Kiejnich-Kruk, Paweł Wiliński

引用次数: 0

Verification in the Issuing State of Evidence Obtained on the Basis of the European Investigation Order 基于欧洲调查令获得的证据出具状态的验证

Review of European and Comparative Law Pub Date : 2023-09-30 DOI: 10.31743/recl.16567

Dawid Świeczkowski, Sławomir Steinborn

引用次数: 0