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The European Dimension to the Constitution of the Republic of Italy 意大利共和国宪法的欧洲层面
Comparative Law Review Pub Date : 2022-12-13 DOI: 10.12775/clr.2022.014
Gariella Mangione
{"title":"The European Dimension to the Constitution of the Republic of Italy","authors":"Gariella Mangione","doi":"10.12775/clr.2022.014","DOIUrl":"https://doi.org/10.12775/clr.2022.014","url":null,"abstract":"Italy was one of the countries that signed the Treaty of Rome in 1957, which created the European Economic Community. Despite initial resistance and the numerous difficulties encountered during subsequent years, the choice to commit to Europe was widely shared, becoming irreversibly embedded in the national consciousness. However, whilst other legal systems chose at various stages of their European journey to amend their constitutions by incorporating a European clause, this never happened in Italy. Italy did not change its Constitution as a result of joining the European Economic Community, and has not done so subsequently after becoming part of the European Union with the Maastricht Treaty, following the adoption of the Treaty of Lisbon, nor indeed at any subsequent stage in the process of European integration. It was only in 2001, with the reform of Title V of the Constitution involving changes in the allocation of powers between the state, the regions, and the local authorities, that the expression “Community law” was incorporated into the Constitution. Given the absence of a European clause, the relationship between the Italian Constitution and Europe has been shaped by the Constitutional Court. First and foremost, it interpreted Article 11 of the Constitution, which lays down a generic clause intended to enable the exercise of sovereign powers by international organizations, in such a manner as to bring the European project within its scope. The Constitutional Court developed its case law in its subsequent decisions, even though progress was at times hardfought, and in some cases marked by contradictions; Italy’s cohabitation with Europe was undoubtedly welcome, but this did not mean that it was painless.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45283293","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 Principles of Subsidiarity and Decentralisation During the COVID-19 Pandemic, with Particular Emphasis on the Polish and Finnish Legal Systems COVID-19大流行期间的辅助和下放原则，特别强调波兰和芬兰的法律制度
Comparative Law Review Pub Date : 2022-12-13 DOI: 10.12775/clr.2022.003
Dawid Bunikowski, Robert Musiałkiewicz
{"title":"The Principles of Subsidiarity and Decentralisation During the COVID-19 Pandemic, with Particular Emphasis on the Polish and Finnish Legal Systems","authors":"Dawid Bunikowski, Robert Musiałkiewicz","doi":"10.12775/clr.2022.003","DOIUrl":"https://doi.org/10.12775/clr.2022.003","url":null,"abstract":"The article focuses on the principles of subsidiarity and decentralisation during the COVID-19 pandemic, with particular emphasis on the Polish and Finnish legal systems (both countries in the Baltic Sea Region). How were those constitutional principles concerning self-government “treated” (dealt with) by public authorities? It analyses the principles of subsidiarity and decentralisation, interpretations of the principle of decentralisation in both Poland and Finland, relations between the state and local self-government, cooperation between the government and self-government administration in combating the pandemic in selected countries, and Polish and Finnish regulations during the pandemic. Methodologically speaking, many different  methods and sources are applied. The methodological  approach is analytical (analysis of legal acts, literature, media releases and different reports), but also empirical (observation of reality). The thesis is that the principles of subsidiarity and decentralisation during the COVID-19 pandemic were commonly disregarded during the pandemic.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49163993","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 Conclude Collective Agreements and Collective Bargaining: International Standards and the Legislation of Ukraine 签订集体协议和集体谈判的权利：国际标准与乌克兰立法
Comparative Law Review Pub Date : 2022-12-13 DOI: 10.12775/clr.2022.005
I. Dashutin, O. Hubska, Olena M. Hanechko, V. O. Havrylyuk, Oleksandra V. Vaytsyshena
{"title":"The Right to Conclude Collective Agreements and Collective Bargaining: International Standards and the Legislation of Ukraine","authors":"I. Dashutin, O. Hubska, Olena M. Hanechko, V. O. Havrylyuk, Oleksandra V. Vaytsyshena","doi":"10.12775/clr.2022.005","DOIUrl":"https://doi.org/10.12775/clr.2022.005","url":null,"abstract":"The possibility of concluding collective agreements and negotiations is enshrined in international documents and is perhaps the most important principle of labour law. In modern times, this principle and law are still the focus of the International Labour Organization, which considers this right, firstly, as the main labour right and an important socio-economic and political aspect. An important labour right of a person is the fixed opportunity to conclude collective agreements and negotiate. The study of the essence and content of this law is of paramount importance for modern legal science and labour law in particular. In the course of the research, such methods as dialectical, formal-logical, comparative-legal, hermeneutics, analysis, and synthesis were used. Before the study, the aim was to analysee the nature, content, and essential characteristics of the right to conclude collective agreements and negotiations, to analyse existing international standards in this area, as well as the legal regulation of collective agreements and negotiations in the labour legislation of Ukraine.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49030011","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
Introducing the Business Judgment Rule in Select Countries of the Arabian Gulf 在阿拉伯湾选定国家引入商业判断规则
Comparative Law Review Pub Date : 2022-12-13 DOI: 10.12775/clr.2022.001
Abdullah Ahmed Alkayat Alazemi
{"title":"Introducing the Business Judgment Rule in Select Countries of the Arabian Gulf","authors":"Abdullah Ahmed Alkayat Alazemi","doi":"10.12775/clr.2022.001","DOIUrl":"https://doi.org/10.12775/clr.2022.001","url":null,"abstract":"Examining the corporate practices of the Gulf Corporation Council (GCC) member states, this paper demonstrates the imperative that GCC nations implement rational board practice models and improve current laws and regulations that pertain to corporate boards of directors. GCC member countries increasingly need to diversify revenue-generating streams; improved corporate board practices are likely to increase income from foreign corporations and investments. Rational board policies protect board members from frivolous challenges related to legal culpability because they operate on a “good faith” model, augmenting corporate growth. Providing a coherent analysis of the business judgment rule, a significant as pect of rational board practices, this paper examines how the rule has worked in the United States and provides a standard for GCC countries to emulate. Shifting domestic policies to this rational model will promote foreign investments and result in financial stability, benefits that current reform practices initiated by the GCC have not yet accomplished.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47028964","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
Participation in Public Religious Practices During the COVID-19 Pandemic. Between Various Limitations and Their Proportionality COVID-19大流行期间公众宗教活动的参与。在各种限制之间及其比例
Comparative Law Review Pub Date : 2022-12-13 DOI: 10.12775/clr.2022.008
Łukasz Skoczylas, Wojciech Piątek
{"title":"Participation in Public Religious Practices During the COVID-19 Pandemic. Between Various Limitations and Their Proportionality","authors":"Łukasz Skoczylas, Wojciech Piątek","doi":"10.12775/clr.2022.008","DOIUrl":"https://doi.org/10.12775/clr.2022.008","url":null,"abstract":"The right to manifest religion or belief in community with others is one of the essential components of religious freedom. However, it has been significantly curtailed in many countries owing to the Covid-19 pandemic. This article identifies the scope of the introduced restrictions, their proportionality, and their impact on the functioning of religious communities. Section 1 sets out three different approaches to participation in public religious practices in selected countries with severe (Germany), moderate (Poland), and liberal (Belarus) restrictions. In section 2, an international perspective on access to religious buildings in times of emergency is presented. The conclusions of this research are juxtaposed in section 3 with the jurisprudence of the highest national courts in Germany, the United States, and France, in order to highlight proportional legal solutions for the protection of religious freedom and public health. In the last section, the consequences of the introduced restrictions are analysed from the perspective of religious associations, using the example of Poland. Lastly, predictions concerning future participation in religious services are also made.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43586603","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
Legal Regulations of Enforcement Procedure in Selected Foreign Jurisdictions 若干外国司法管辖区执行程序的法律规定
Comparative Law Review Pub Date : 2022-12-13 DOI: 10.12775/clr.2022.013
M. Malskyy
{"title":"Legal Regulations of Enforcement Procedure in Selected Foreign Jurisdictions","authors":"M. Malskyy","doi":"10.12775/clr.2022.013","DOIUrl":"https://doi.org/10.12775/clr.2022.013","url":null,"abstract":"This article provides a brief comparative analysis of the peculiarities of the enforcement procedures in selected foreign countries and jurisdictions with various legal systems, including France, the United Kingdom, Belarus, Kazakhstan, the Baltic countries, as well as research into the organizational structure of their enforcement agencies. The article also provides an analysis of the diverse procedures applied in EU countries for enforcement of decisions of courts and other authorities in civil and commercial cases, including the European Enforcement Order, European Order for Payment, European Small Claims Procedure, as well as the procedure under the Recast Brussels I Regulation. The author’s objective is to consider the procedures of enforcement of Ukrainian court decisions in these countries, as well as to raise the issue of the possible application of these procedures in the relevant legislation of Ukraine and to provide material for further research and analysis of these options.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48655924","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
Fast-Track Legislative Procedure During the COVID–19 Pandemic in Slovak Parliamentarism 斯洛伐克议会新冠肺炎疫情期间的快速立法程序
Comparative Law Review Pub Date : 2022-12-13 DOI: 10.12775/clr.2022.010
Miroslav Čellár
{"title":"Fast-Track Legislative Procedure During the COVID–19 Pandemic in Slovak Parliamentarism","authors":"Miroslav Čellár","doi":"10.12775/clr.2022.010","DOIUrl":"https://doi.org/10.12775/clr.2022.010","url":null,"abstract":"The Covid–19 pandemic has fundamentally changed the way we live and work. Even today, although the pandemic seems to be over, our lives are not the same as before. This has also had an impact on the functioning of constitutional bodies. We are of the opinion that adherence to the principles of democracy and the rule of law is particularly important to ensure the stability of the system in exceptional situations, such as in the case of the Covid–19 pandemic. The institution of fast-track legislative procedure (FTP) is an exceptional instrument for dealing with exceptional situations. Its purpose is to enable the Government and Parliament to take quick decisions. However, it must not be abused as this may lead to the violation of a considerable number of constitutional rules and principles. A number of tools can be used to defend against such action, such as Parliament’s rejection of the Government’s FTP proposal, the President’s intervention through his relative veto power, but above all, the Constitutional Court’s decision that a law is incompatible with the Constitution because of a breach of the rules of the legislative process.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46452779","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
Growing Convergence, Continuing Divergence: Comparative Remarks on the American and European Private International Law of Torts 趋同与分化:欧美国际侵权私法比较述评
Comparative Law Review Pub Date : 2022-12-13 DOI: 10.12775/clr.2022.007
Ekin Korkmaz
{"title":"Growing Convergence, Continuing Divergence: Comparative Remarks on the American and European Private International Law of Torts","authors":"Ekin Korkmaz","doi":"10.12775/clr.2022.007","DOIUrl":"https://doi.org/10.12775/clr.2022.007","url":null,"abstract":"The Restatement Second and Rome II are representatives of two different legal cultures. While Rome II, as the representative of the EU private international law of torts, appears in a formalist way to achieve ‘private international law/conflicts justice’, the American Restatement Second, which adopts an eclectic system of various approaches, appears as a ‘result-oriented’ legal instrument with the underlying idea of achieving ‘substantive justice’. Although these systems have mainly preserved their unique characteristics, they have converged with each other over time. New approaches on both sides of the Atlantic indirectly support this convergence. This article identifies and critically evaluates the main convergent and divergent features of the EU and the US private international laws of torts comprehensively in line with the primary legal sources of information and practice.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45480457","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
Climate Change Litigation: Chronicles from the Global South. A Comparative Study 气候变化诉讼：全球南方编年史。比较研究
Comparative Law Review Pub Date : 2022-12-13 DOI: 10.12775/clr.2022.006
Sudha Kavuri, A. Ramanathan
{"title":"Climate Change Litigation: Chronicles from the Global South. A Comparative Study","authors":"Sudha Kavuri, A. Ramanathan","doi":"10.12775/clr.2022.006","DOIUrl":"https://doi.org/10.12775/clr.2022.006","url":null,"abstract":"The battles against climate change are being fought at the international level; on the domestic front; on the streets and in the courts. Climate change litigation is one such effort. The global expansion in climate litigation gives substance to claims of a transnational climate justice movement that casts courts as important players in shaping multilevel climate governance. Climate change litigants, lawyers, and judges of one country are taking their cue from their counterparts in other countries. However, only the efforts of the Global North have received prominence. The rest of the world is slated to be sleeping silently. The authors aim to de-bunk this myth. In doing so, the authors endeavour to highlight important contributions by the Courts in the Global South in furthering the jurisprudence of climate change litigation.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42885054","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
Issues on Water Privatization Under New Regulation: Evidence in Indonesia 新法规下的水务私有化问题：印尼的证据
Comparative Law Review Pub Date : 2022-12-13 DOI: 10.12775/clr.2022.011
S. Hermawan, Supid Arso Hananto
{"title":"Issues on Water Privatization Under New Regulation: Evidence in Indonesia","authors":"S. Hermawan, Supid Arso Hananto","doi":"10.12775/clr.2022.011","DOIUrl":"https://doi.org/10.12775/clr.2022.011","url":null,"abstract":"Water plays a vital role in every human life, so the availability and sustainability of water resources need to be carefully regulated. This article attempts to analyse water governance in Indonesia under the new water resources regulation, mainly the issue of water privatization. This article is classified as normative legal research. This article shows that even though the State gives the water privatization licence to the private sector as the last priority, it seems that the Indonesian people will still encounter the same problem in the coming year. This article argues that the issue of distribution of water justice, water access, and violations of the water right related to water utilization on a large scale are challenges for the Indonesian government to resolve.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43306702","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
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