Review of European and Comparative Law最新文献_第2页

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

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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

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Detention Pending Execution of the European Arrest Warrant – Dutch and Polish Experience. Some Reflection from the Human Rights Perspective 等待执行欧洲逮捕令的拘留-荷兰和波兰的经验。人权视角下的思考

Review of European and Comparative Law Pub Date : 2023-09-30 DOI: 10.31743/recl.16268

Małgorzata Wąsek-Wiaderek, Vincent Glerum

{"title":"Detention Pending Execution of the European Arrest Warrant – Dutch and Polish Experience. Some Reflection from the Human Rights Perspective","authors":"Małgorzata Wąsek-Wiaderek, Vincent Glerum","doi":"10.31743/recl.16268","DOIUrl":"https://doi.org/10.31743/recl.16268","url":null,"abstract":"This article focuses on detention pending surrender, i.e. detention of the requested person in the executing Member State on the basis of the European Arrest Warrant (EAW). It defines the scope of application of Article 5 of the European Convention on Human Rights to such detention and analyses the case-law of the Court of Justice of the European Union on time limits of keeping the requested person in detention in the executing MS as well as on the notion of “the executing judicial authority” entitled to decide on detention pending surrender. Both issues are explored with reference to national law and practice of the Netherlands and Poland. The article provides the answer to the question whether national provisions which limit the duration of detention pending surrender properly reflect the normative content of the framework decision on the EAW. The answer to this question is given with due regard to the standard of protection of the requested person stemming from Article 5 § 1 ECHR and Article 6 of the Charter of Fundamental Rights. Furthermore, the analyses focus on Dutch and Polish provisions concerning the authority entitled to decide on detention pending surrender and their compliance with the CJEU’s jurisprudence on the notion of “the executing judicial authority.” Recognising that detention is the basic measure for ensuring the effectiveness of surrender, we try to define the limits of its use in the EAW procedure, stemming from the requirements of protection of human rights.","PeriodicalId":337306,"journal":{"name":"Review of European and Comparative Law","volume":"47 5 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":"135084852","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

The Right to Self-Determination of Peoples through Examples of Åland Islands and Quebec : Recommendations for a Peaceful International Legal Order 以Åland群岛和魁北克为例的各国人民的自决权:关于建立和平国际法律秩序的建议

Review of European and Comparative Law Pub Date : 2023-06-30 DOI: 10.31743/recl.16229

Mirza Ljubović

{"title":"The Right to Self-Determination of Peoples through Examples of Åland Islands and Quebec : Recommendations for a Peaceful International Legal Order","authors":"Mirza Ljubović","doi":"10.31743/recl.16229","DOIUrl":"https://doi.org/10.31743/recl.16229","url":null,"abstract":"In contemporary public international law, it is increasingly common that in many countries of the world and Europe, political representatives of the peoples are calling for an inalienable right to the external self-determination of the peoples involving secession to try to achieve their independence and autonomy, forming their national states to the detriment of already existing countries in which they are currently living. However, this may cause destabilization and wars in many complex multiethnic states and the European Union. Therefore, the Aland Islands and Quebec cases are extremely important for today’s understanding of the exercise of the right to self-determination of the people in contemporary public international law, in particular as the International Court of Justice in The Hague and the domestic courts invoke them as precedents to address all future cases of reference to the right of the people to external self-determination involving secession. Based on those cases, it has developed that the issue of secession is the question of the internal legal order of each sovereign country, which should deal with this issue through its constitutional legal order, and contemporary public international law should deal with its consequences. In connection with this, it is necessary to investigate and offer answers that will highlight possible abuses of the right to self-determination of all peoples as a collective human right in contemporary public international law. Such unlawful conduct may result in adverse legal consequences, in particular, the violation of basic principles of public international law, including the principles of territoriality and sovereignty of the states, the distortion of world peace and order, economic progress, the rule of law and the pursuit of basic human rights and freedoms, as well as other collective human rights, which may ultimately be the cause of provocation and lead to international and civil wars.","PeriodicalId":337306,"journal":{"name":"Review of European and Comparative Law","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127137060","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

Criminal Mediation in Polish and Bosnian Legislation – Similarities, Differences, and Challenges in the 21st Century 波兰和波斯尼亚立法中的刑事调解——21世纪的异同与挑战

Review of European and Comparative Law Pub Date : 2023-06-30 DOI: 10.31743/recl.14938

Grzegorz Adam Skrobotowicz, Ena Kazić-Çakar

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ADR in Sport on the Example of Association Football in Poland and Ukraine 体育运动中的ADR——以波兰和乌克兰足协为例

Review of European and Comparative Law Pub Date : 2023-06-30 DOI: 10.31743/recl.15795

Piotr Sławicki, V.V. Kryzhanivskyi

引用次数: 0

THE QUALIFICATIONS OF MEDIATORS IN CIVIL MATTERS, INCLUDING EMPLOYMENT DISPUTES, IN POLAND AND ROMANIA 波兰和罗马尼亚民事事务(包括就业纠纷)调解员的资格

Review of European and Comparative Law Pub Date : 2023-06-30 DOI: 10.31743/recl.16116

Katarzyna Antolak-Szymanski, M. Cărăbaş

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LEGAL STATUS AND ACQUISITION OF MEDIATOR QUALIFICATIONS. A LEGAL COMPARATIVE ANALYSIS OF THE REGULATIONS IN SPAIN AND POLAND 法律地位与调解员资格的取得。西班牙和波兰法规的法律比较分析

Review of European and Comparative Law Pub Date : 2023-06-30 DOI: 10.31743/recl.16141

Marek A. Dąbrowski, Włodzimierz Broński, María Concepción Rayón Ballesteros

{"title":"LEGAL STATUS AND ACQUISITION OF MEDIATOR QUALIFICATIONS. A LEGAL COMPARATIVE ANALYSIS OF THE REGULATIONS IN SPAIN AND POLAND","authors":"Marek A. Dąbrowski, Włodzimierz Broński, María Concepción Rayón Ballesteros","doi":"10.31743/recl.16141","DOIUrl":"https://doi.org/10.31743/recl.16141","url":null,"abstract":"The article aims to analyse the legal status and modes of acquiring qualification by mediators in Poland and Spain. The study uses the legal dogmatic and the legal comparative methods. The research problem is located in the applicable solutions in Polish and Spanish legislation implementing the objective set out by the content of Article 4 of Directive 2008/52/EC, which obliges EU Member States to ensure adequate quality of mediation and enhance the professional status of the mediator. An analysis of the legislation, judicature and the literature of the subject has shown that the normative regulations which are in force in Spain and Poland are convergent in terms of the objectives set out in Article 4 of Directive 2008/52/EC since they oblige mediators to be adequately qualified to conduct mediation. Notwithstanding the above, significant differences in the legal systems under analysis becomes apparent as concerns an array of legal instruments they apply to implement the Directive. The Polish and the Spanish methodologies display disparate procedures for regulating the acquisition of qualifications by mediators. They are affected by a number of shortcomings, resulting from an insufficient level of standardisation, including the intra legem gaps in the normative regulations in Poland. The outcomes of the analysis enable the conclusion that the regulations concerning the legal status and qualifications of mediators that are in force in Poland and Spain can complement one another, while preserving and respecting the distinctiveness of both legal systems. This complementarity can facilitate a development of an adequate model to enhance the professional status of mediators and improve the regulations so as to achieve the objective set in Article 4 of Directive 2008/52/EC.","PeriodicalId":337306,"journal":{"name":"Review of European and Comparative Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133964770","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

Municipal Lex Contractus – Effectiveness of the Terms and Conditions for the Sale of Real Estate from the Municipal Real Estate Stock in Shaping the Real Estate Development Process 市政法律合同-市政房地产股票房地产销售条款和条件在塑造房地产开发过程中的有效性

Review of European and Comparative Law Pub Date : 2023-06-30 DOI: 10.31743/recl.14625

Szymon Słotwiński

{"title":"Municipal Lex Contractus – Effectiveness of the Terms and Conditions for the Sale of Real Estate from the Municipal Real Estate Stock in Shaping the Real Estate Development Process","authors":"Szymon Słotwiński","doi":"10.31743/recl.14625","DOIUrl":"https://doi.org/10.31743/recl.14625","url":null,"abstract":"The municipality, acting in the sphere of dominium, independently decides on the use and manner of use of individual assets. However, the trade in real estate constituting the subject of ownership of this local self-government unit requires compliance with a number of legal regulations, the most significant of which is the Act of August 21, 1997 on Real Estate Management (consolidated text Journal of Laws of 2021 item 1899, as amended). However, none of the provisions of the law refers explicitly to the freedom and limits of shaping by the municipality of the terms and conditions for the disposal of real estate, which in the case of a non-tender route are determined in negotiations conducted with the buyer, while in the case of a tender they are announced in the contract notice. The content established in this manner is then included in the protocol, which forms the basis for the conclusion of the contract, and thus directly affects the shape of the contractual legal relationship. The purpose of the publication will therefore firstly be to set out the legal framework for the municipality’s determination towards the future buyer of the real estate of the specific manner, in which the investment is to be carried out, as well as to answer the question as to the real possibility of the former owner (municipality) co-shaping the investment proces on the sold real estate after the buyer has signed the contract. The importance of the issue under consideration is expressed in the decision as to whether the creation by the municipality of its own lex contractus by means of the terms and conditions for the disposal of the real estate relating to specific deadlines for the commencement and completion of the investment process, the manner of use and development of the real estate, as well as the liability of the new owner towards the previous owner for their violation, is legally effective and can actually be enforced by the municipality.","PeriodicalId":337306,"journal":{"name":"Review of European and Comparative Law","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122262945","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

How is Mediation Integrated into the Dispute Resolution System of Civil Cases in Hungary? 匈牙利如何将调解纳入民事纠纷解决制度?

Review of European and Comparative Law Pub Date : 2023-06-30 DOI: 10.31743/recl.15051

V. Harsági

引用次数: 0