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Protection of an Individual's Information Interest in the Light of Regulation No. 1049/2001 on Public Access to Documents of the European Parliament, the Council and the Commission 根据欧洲议会、理事会和委员会关于公众获取文件的第 1049/2001 号条例保护个人的信息利益
IF 0.1
Lexonomica Pub Date : 2023-12-06 DOI: 10.18690/lexonomica.15.2.213-232.2023
Katarzyna Tomaszewska
{"title":"Protection of an Individual's Information Interest in the Light of Regulation No. 1049/2001 on Public Access to Documents of the European Parliament, the Council and the Commission","authors":"Katarzyna Tomaszewska","doi":"10.18690/lexonomica.15.2.213-232.2023","DOIUrl":"https://doi.org/10.18690/lexonomica.15.2.213-232.2023","url":null,"abstract":"The right to information, guaranteed by various legal acts, includes the right to access the content of documentation held by public entities. At the EU level, this right is regulated, inter alia, by Regulation (EU) No. 1049/2001 of the European Parliament and of the Council, dated 30 May 2001, regarding public access to documents of the European Parliament, the Council, and the Commission. The act outlines various measures and mechanisms that can be assumed to constitute instruments for protecting an individual's information interest. This article provides an analysis of the relevant provisions, which regulate these instruments. The in-depth characterization aims to enable a stance on the correctness of the protective function attributed to access to EU documentation itself, as well as to its constituent elements.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"55 18","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138597719","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
Enforcement of Choice of Court Agreements Granting International Jurisdiction to Albanian Courts 赋予阿尔巴尼亚法院国际管辖权的法院选择协议的执行问题
IF 0.1
Lexonomica Pub Date : 2023-12-06 DOI: 10.18690/lexonomica.15.2.233-250.2023
Flutura Kola Tafaj, Silvana Çinari
{"title":"Enforcement of Choice of Court Agreements Granting International Jurisdiction to Albanian Courts","authors":"Flutura Kola Tafaj, Silvana Çinari","doi":"10.18690/lexonomica.15.2.233-250.2023","DOIUrl":"https://doi.org/10.18690/lexonomica.15.2.233-250.2023","url":null,"abstract":"This paper aims to critically analyse the formal and substantive validity of choice of court agreements in favour of Albanian courts. The provisions of the Albanian Private International Law and their implementation by Albanian courts are in the focus. However, considering that the Albanian Private International Law provisions are approximated with the EU acquis communautaire and since the provisions on choice of courts agreements are drafted in terms that are fully compatible with the Council Regulation 44/2001 of December 22, 2000 \"On Jurisdiction, Recognition and Implementation of Judicial Decisions in Civil Matters and Trade” (Brussels I Regulation), the interpretation of the Albanian law provisions is also done in the light of the case law of the Court of Justice of the European Union. After a thorough analysis of the Albanian Private International Law provisions concerning choice of court agreements and of the Albanian case law, the paper concludes that they are not always interpreted and applied correctly and that the rich case law of the Court of Justice of the European Union can provide valuable guidance.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"31 10","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138596473","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
Charting the Course: Total Factor Productivity Trends in Croatia Post-pre-bankruptcy Act 绘制航线图：克罗地亚《破产法》颁布前的全要素生产率趋势
IF 0.1
Lexonomica Pub Date : 2023-12-06 DOI: 10.18690/lexonomica.15.2.189-212.2023
Z. Šergo, J. Gržinić, Mirela Sučić Čevra
{"title":"Charting the Course: Total Factor Productivity Trends in Croatia Post-pre-bankruptcy Act","authors":"Z. Šergo, J. Gržinić, Mirela Sučić Čevra","doi":"10.18690/lexonomica.15.2.189-212.2023","DOIUrl":"https://doi.org/10.18690/lexonomica.15.2.189-212.2023","url":null,"abstract":"The synthetic control method (SCM) is a valuable tool for unbiased pre-bankruptcy reform analysis in economic policy evaluations. This study utilizes SCM to assess the impact of the Financial Operations and Pre-Bankruptcy Settlement Act (AFOPBS) on Croatia's total factor productivity (TFP). Control units and weights were meticulously chosen to construct a synthetic control for Croatia, creating a counterfactual scenario for the reform's absence. The policy's impact was quantified by comparing TFP growth post-policy between Croatia and its synthetic control. Placebo tests confirmed the results' significance, and further validation was achieved through panel difference-in-differences analysis (PDID). Our findings show that the pre-bankruptcy reform in late 2012 effectively reduced the gap between Croatia and its synthetic control throughout the post-treatment years. However, it had two short-term adverse impacts and a subsequent recovery-like phase. These effects were statistically significant and confirmed by cross-validation. In conclusion, Croatia's pre-bankruptcy reform significantly influenced TFP volatility, highlighting SCM's effectiveness in evaluating economic policies, especially those crucial for economic growth.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"58 11","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138596834","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 Ethics of Climate Change, Climate Policy and Climate Justice 气候变化的伦理、气候政策和气候正义
IF 0.1
Lexonomica Pub Date : 2023-12-06 DOI: 10.18690/lexonomica.15.2.147-188.2023
Elijah S. Sritharan
{"title":"The Ethics of Climate Change, Climate Policy and Climate Justice","authors":"Elijah S. Sritharan","doi":"10.18690/lexonomica.15.2.147-188.2023","DOIUrl":"https://doi.org/10.18690/lexonomica.15.2.147-188.2023","url":null,"abstract":"The fossil fuel industry is the driving force behind our current carbon-centric socioeconomic systems. The industry has imposed fossil fuel-dependent business models and behaviours on the global socioeconomic system. The actions and plans of the industry are far from being aligned with the 1.5°C target set by the Paris Agreement. Moreover, they remain overlooked in the global climate discourse and negotiations. This paper builds its arguments starting from a moral issue: climate change is an ethical failure, and the industry has had a unique role in causing, shaping, advancing, and defending the current unsustainable fossil fuel-dependent global economy, and thus bears responsibility and has duties of reparation to limit consequent harm. This paper examines the various moral principles of rectifying the unjust situation created by the actions that produced climate change. Although the Paris Agreement assigns responsibilities to states, climate lawsuits against fossil fuel companies are also on the rise. This paper helps link legal frameworks and the relationship between climate justice, sustainable development, and environmental human rights to make radical, systemic changes to ensure a sustainable future.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"43 9","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138595332","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
An Event Study of Perindopril (Servier) Reverse Payment Patent Settlements' Case: Is Krka Truly an Exception Within the Pay-For-Delay Commission Decision? 培多普利(施维雅)反向支付专利和解案的事件研究:Krka真的是延迟支付委员会裁决中的例外吗?
IF 0.1
Lexonomica Pub Date : 2023-06-29 DOI: 10.18690/lexonomica.15.1.121-146.2023
France Ocepek
{"title":"An Event Study of Perindopril (Servier) Reverse Payment Patent Settlements' Case: Is Krka Truly an Exception Within the Pay-For-Delay Commission Decision?","authors":"France Ocepek","doi":"10.18690/lexonomica.15.1.121-146.2023","DOIUrl":"https://doi.org/10.18690/lexonomica.15.1.121-146.2023","url":null,"abstract":"The article aims to fill the gap in the literature on reverse payment patent settlements between patent-holders and generic pharmaceutical firms in EU competition law. Based on the event study of the Perindopril (Servier) case of the European Commission, the research provides a novel assessment of the welfare effects of Commission enforcement and the following judiciary decision on the legality of Commission sanctions. Within the case, the analysis paid particular attention to the generic corporation Krka because Commission fined Krka for the settlement with Servier that did not include the reverse payment, and the Commission decision did not survive the scrutiny of the General Court. The relative economic power of Krka in the perindopril market is also a factor that, together with the enforcement effect assessment, provides a different perspective of the event study's normative implications to the existing research.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"51 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80727348","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
Privacy and Data Protection Concerns in the Regulatory Framework of Slovenian Energy Law 斯洛文尼亚能源法监管框架中的隐私和数据保护问题
IF 0.1
Lexonomica Pub Date : 2023-06-29 DOI: 10.18690/lexonomica.15.1.53-76.2023
Zoran Dimović
{"title":"Privacy and Data Protection Concerns in the Regulatory Framework of Slovenian Energy Law","authors":"Zoran Dimović","doi":"10.18690/lexonomica.15.1.53-76.2023","DOIUrl":"https://doi.org/10.18690/lexonomica.15.1.53-76.2023","url":null,"abstract":"The implementation of smart energy systems (SES) in the Slovenian energy sector has raised significant privacy and data protection concerns. The collection and processing of personal data from energy consumers, as well as cybersecurity threats, pose risks that must be addressed. The legal framework governing privacy and data protection in the energy field in Slovenia is based on the GDPR, ZOEE, ZVPot-1, ZVOP-2 and others, which impose significant obligations on entities processing personal data. To mitigate these risks, exact terminology must be used to implement privacy, data protection and also cybersecurity measures and ensure compliance with the legal framework.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"60 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91187261","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
Some Comments on the Legal Regulation on Misinformation and Cyber Attacks Conducted Through Online Platforms 对网络平台虚假信息和网络攻击法律规制的几点思考
IF 0.1
Lexonomica Pub Date : 2023-06-29 DOI: 10.18690/lexonomica.15.1.33-52.2023
K. Mezei, B. Szentgáli-Tóth
{"title":"Some Comments on the Legal Regulation on Misinformation and Cyber Attacks Conducted Through Online Platforms","authors":"K. Mezei, B. Szentgáli-Tóth","doi":"10.18690/lexonomica.15.1.33-52.2023","DOIUrl":"https://doi.org/10.18690/lexonomica.15.1.33-52.2023","url":null,"abstract":"What are the tools to effectively manage the new threats to the free flow of opinions to protect this essential precondition for a pluralist social and political system? As a basis for action at the community level, how can we protect users who use internet platforms to inform themselves on issues of public interest from disinformation attacks through cyberspace? Effective action against cyber-attacks that adversely affect certain fundamental rights requires a combination of instruments, creating the technological, economic, human and legal conditions for meaningful counter-measures. In legal terms, the guarantees that platform providers must offer each user to prevent cyber attacks and illegal content should be laid down, and legal instruments should be put in place to ensure they are always available. In addition, in the event of misusing any content shared on the platform or of personal data made available to the operator, clear responsibilities should be established, and the extent to which the responsibility for protection lies with the platform operator or the user should be clarified. In our study, we outline regulatory options to address these challenges.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"1 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88612720","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 a Fair Trial of Legal Persons Throughout the Case Law of the ECHR and the CJEU 欧洲人权公约和欧洲高等法院判例法中法人的公平审判权
IF 0.1
Lexonomica Pub Date : 2023-06-29 DOI: 10.18690/lexonomica.15.1.77-98.2023
M. Sokolova
{"title":"The Right to a Fair Trial of Legal Persons Throughout the Case Law of the ECHR and the CJEU","authors":"M. Sokolova","doi":"10.18690/lexonomica.15.1.77-98.2023","DOIUrl":"https://doi.org/10.18690/lexonomica.15.1.77-98.2023","url":null,"abstract":"The ambition of this article is an analysis of the right to a fair trial of legal entities through the prism of the jurisprudence of the ECtHR and the CJEU. Despite the factual admission of the right to a fair trial to companies in the case law of the Courts, the absence of a strong theoretical foundation and persuasive explanation in their judgments raises ambiguity as to the ECtHR and the CJEU positions in that regard. In that context, the article examines landmark cases of both Courts and relevant doctrinal considerations concerning the application of guarantees provided by the right to a fair trial to legal persons. The ECtHR case law is considered inconsistent and the Strasbourg court, it appears, tries to avoid any far-reaching conclusions. The CJEU in its case law, due to the inherent focus of EU law on economic values, interprets the right to a fair trial of companies broadly, and sometimes, broader than it is needed. It is concluded that the issue requires more attention from both the Courts and legal scholars, in the view of serious consequences the ignorance and unfounded admission of any fundamental right could entail to the society and economy.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"28 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89047624","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
India's Courts and Artificial Intelligence: A Future Outlook 印度法院与人工智能:未来展望
IF 0.1
Lexonomica Pub Date : 2023-06-29 DOI: 10.18690/lexonomica.15.1.99-120.2023
Mohit Sharma
{"title":"India's Courts and Artificial Intelligence: A Future Outlook","authors":"Mohit Sharma","doi":"10.18690/lexonomica.15.1.99-120.2023","DOIUrl":"https://doi.org/10.18690/lexonomica.15.1.99-120.2023","url":null,"abstract":"In recent years, the legal system has used artificial intelligence technology extensively. Artificial intelligence for judicial purposes is more efficient, knowledgeable, and impartial than human judges. It has its limitations, largely based on big data, algorithms, and computing power rather than organic intelligence. Judiciary artificial intelligence cannot completely replace human judges because of differences in conceptual framework, application scenario, and ability and potential. Unambiguously stating that judicial artificial intelligence is never a replacement for human judges is crucial. The study aims to investigate the legal issues and the various ways that AI impacts the legal system. The research methodology is qualitative, inductive and descriptive.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"13 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77929266","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
Climate Change-Related Displacement and the Determination of Refugee Status under the 1951 Refugee Convention 1951年《难民公约》下与气候变化有关的流离失所和难民地位的确定
IF 0.1
Lexonomica Pub Date : 2023-06-29 DOI: 10.18690/lexonomica.15.1.1-32.2023
E. S. Sritharan
{"title":"Climate Change-Related Displacement and the Determination of Refugee Status under the 1951 Refugee Convention","authors":"E. S. Sritharan","doi":"10.18690/lexonomica.15.1.1-32.2023","DOIUrl":"https://doi.org/10.18690/lexonomica.15.1.1-32.2023","url":null,"abstract":"Climate change and climate-driven migration are two of the defining challenges of the twenty-first century, and there is no legal framework for protecting those displaced across national borders for climate-related reasons. The 1951 Refugee Convention hardly applies to human mobility in the context of climate change. This paper was written in the hopes of initiating a discussion concerning an alternative perspective through which persons fleeing natural disasters linked to climate change may satisfy the eligibility conditions for recognition of refugee status. Expanding the definition of refugee as defined in the Convention by including the notion of vulnerability to climate disasters that are caused by the underlying socio-economic conditions in the claimant’s home country and the role of discrimination in causing differential exposure to the climate-related disasters in legal definitions might open the door for the availability of refugee status for persons fleeing in the context of climate change. This paper proposes the adoption of a reformed human rights-based interpretation, particularly with regard to the individual nature of refugee status determination. Recalibrating the Convention to facilitate climate-induced migration could reduce political tension and social unrest in receiving countries.","PeriodicalId":40392,"journal":{"name":"Lexonomica","volume":"13 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80946939","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
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