Utrecht Law Review最新文献_第10页

The Regulation of Trans Fats in Food Products in the US and the EU 美国和欧盟对食品中反式脂肪的规定

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Utrecht Law Review Pub Date : 2019-12-13 DOI: 10.36633/ulr.465

S. Bloks

引用次数: 3

Modern Theories of Product Warnings and European Product Liability Law 现代产品警告理论与欧洲产品责任法

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Utrecht Law Review Pub Date : 2019-12-13 DOI: 10.36633/ulr.541

T. Verheyen

引用次数: 1

Instrumentalisation of Tort Law: Widespread yet Fundamentally Limited 侵权法的工具化：广泛但基本有限

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Utrecht Law Review Pub Date : 2019-12-13 DOI: 10.36633/ulr.540

Pieter Gillaerts

{"title":"Instrumentalisation of Tort Law: Widespread yet Fundamentally\u0000 Limited","authors":"Pieter Gillaerts","doi":"10.36633/ulr.540","DOIUrl":"https://doi.org/10.36633/ulr.540","url":null,"abstract":"The question on the role of the law, particularly tort law, in combating legal but potentially lethal products and services is inseparable from the broader issue of the ongoing instrumentalisation of the law. Increasingly used to pursue goals other than its primary aim of compensation, tort law is no exception to the general trend of instrumentalisation of private law. This instrumentalisation is a dual phenomenon that has developed both out of top-down and bottom-up impulses. Although specific questions may arise for each of these two movements, they encounter a common limit. Tort law’s primary compensatory function fundamentally restricts instrumentalisation. Other functions, such as enforcement or prevention, which come to the fore in the battle against legal but potentially lethal products and services, are grafted onto this primary function and can only be pursued insofar as they are compatible with it. This relates to the tension created by pursuing public goals through tort law as an essentially private law instrument. Attention is needed not to overstretch tort law’s prerequisites, which are coherent with its private law embedding, which would turn tort law into a dangerous passe-partout.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2019-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49468072","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: 2

Supervision Practice in the Face of Emerging Health Risks: How Market Dynamics are Forcing Enforcement Officials to Stretch their Mandate 面对新出现的健康风险的监管实践：市场动态如何迫使执法人员延长任务

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Utrecht Law Review Pub Date : 2019-12-13 DOI: 10.36633/ulr.543

Aute Kasdorp, Judith Erp

引用次数: 2

Shaping the Social Market Economy After the Lisbon Treaty: How ‘Social’ is Public Economic Law? 里斯本条约后社会市场经济的形成：公共经济法的“社会性”如何？

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Utrecht Law Review Pub Date : 2019-09-04 DOI: 10.18352/ulr.509

A. Gerbrandy, W. Janssen, Lyndsey Thomsin

引用次数: 3

Constitutional Reviews of Incomplete Regulations in Poland 波兰不完整法规的宪法审查

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Utrecht Law Review Pub Date : 2019-05-10 DOI: 10.18352/ULR.498

P. Radziewicz

{"title":"Constitutional Reviews of Incomplete Regulations in Poland","authors":"P. Radziewicz","doi":"10.18352/ULR.498","DOIUrl":"https://doi.org/10.18352/ULR.498","url":null,"abstract":"The Polish legal order distinguishes between two types of incomplete regulations: legislative omissions and oversights. Omissions take place when a regulation (required because of the need for the application of the Constitution or for the performance of specific constitutional obligations) is missing in the system of law. Legislative oversights occur when a normative act is in force but, from the constitutional point of view, it is formulated fragmentarily. The former are not subject to Constitutional Tribunal (CT) control, whereas the latter are embraced by its competence. The existence of incomplete regulations is one of the most important yet still unresolved problems faced by the CT. Therefore, it constitutes a permanent source of discrepancies in CT judgments. The article posits that all incomplete regulations – both omissions and oversights – should be controlled by the CT. However, for the CT to do so, the Constitution should be amended, a special control procedure should be established and a new type of judgment should be introduced, which would consist of finding a statute unconstitutional without derogating it from the system of law. The expansion of the CT’s competence corresponds with the function and axiology of the operation of a contemporary constitutional court that should effectively and completely eliminate all violations of the Constitution arising from inactivity by the legislator.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2019-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42819239","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

A Communications Perspective on the Use of Visualisations in a Dutch Court for Minor Felonies 在荷兰轻微重罪法庭上使用可视化的传播视角

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Utrecht Law Review Pub Date : 2019-05-10 DOI: 10.18352/ULR.497

L. V. Weelden, T. V. Charldorp

{"title":"A Communications Perspective on the Use of Visualisations in a Dutch Court for Minor Felonies","authors":"L. V. Weelden, T. V. Charldorp","doi":"10.18352/ULR.497","DOIUrl":"https://doi.org/10.18352/ULR.497","url":null,"abstract":"Images such as photographs, drawings, animations and videos are everywhere in modern society and are playing an ever-increasing role in court. This general shift from written and spoken language to ‘visual language’ in society has been of interest to language and communication researchers for years. Within the domain of law, however, a lot of the language and communication literature is traditionally focused on written and spoken language. In the first part of this paper we provide a theoretical background in which we discuss how people understand images, what visual literacy means, how images can have persuasive power and can influence people in terms of their emotions, attitudes and decision-making and we talk about how this can play a role in court. Furthermore, we illustrate some gaps in the literature. In the second part of the paper we show, based on a small-scale ethnographic study and systematic observation, how often visualisations are part of the case file in Dutch hearings, what types of images are talked about and/or shown and by whom they are introduced during the hearing. We conclude by discussing what communication scholars find interesting about these observations and we also suggest a number of research opportunities that may be of interest for interdisciplinary research amongst law and communication scholars.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2019-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49205485","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

Breaking the Cycle of Deferment: Jus Cogens in the Practice of International Law 打破拖延的循环:国际法实践中的强制法

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Utrecht Law Review Pub Date : 2019-05-10 DOI: 10.18352/ULR.489

Noémie Gagnon-Bergeron

引用次数: 0

Protection of the EU Charter for Private Legal Entities and Public Authorities? The Personal Scope of Fundamental Rights within Europe Compared 欧盟宪章对私人法律实体和公共机构的保护?欧洲个人基本权利范围比较

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Utrecht Law Review Pub Date : 2019-05-10 DOI: 10.18352/ULR.490

Manon Julicher, Marina Henriques, Aina Amat Blai, P. Policastro

{"title":"Protection of the EU Charter for Private Legal Entities and Public Authorities? The Personal Scope of Fundamental Rights within Europe Compared","authors":"Manon Julicher, Marina Henriques, Aina Amat Blai, P. Policastro","doi":"10.18352/ULR.490","DOIUrl":"https://doi.org/10.18352/ULR.490","url":null,"abstract":"The personal scope of the Charter of Fundamental Rights of the European Union (the Charter) is an area that still needs to be defined by the Court of Justice of the European Union (CJEU). The issue surrounding the personal scope entails the question of who can claim the protection of fundamental rights. A particularly controversial matter has proved to be the question whether, and if so under what circumstances, private legal entities and public authorities can invoke fundamental rights. This article aims to provide a detailed examination of the ‘landscape’ the CJEU must take into account when dealing with the personal scope of the Charter in the future. Firstly, this landscape is made up of the background and objectives of the EU and the European Convention on Human Rights (ECHR) legal systems. Secondly, it is shaped by the personal scope application of the Charter as interpreted by the CJEU so far, and the personal scope application of the ECHR as interpreted by the European Court of Human Rights (ECtHR). Finally, the application by Member State courts of fundamental rights, via the Charter, ECHR and constitutional rights, forms an element in this landscape. An examination of these aspects will provide answers to the question of how the three main players on the European fundamental rights stage – the CJEU, the ECtHR and the national courts – have applied the personal scope of their fundamental rights up to now. This also encompasses answers to the question of how these applications relate to the different background and objectives of the ECHR and the EU legal systems. These answers will provide the CJEU with tools to deliver well-informed rulings on the personal scope of Charter provisions in the future.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2019-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46231848","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: 5

Problem-Solving Criminal Justice: Developments in England and Wales 解决问题的刑事司法：英格兰和威尔士的发展

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Utrecht Law Review Pub Date : 2019-01-29 DOI: 10.18352/ULR.472

J. Ward

{"title":"Problem-Solving Criminal Justice: Developments in England and Wales","authors":"J. Ward","doi":"10.18352/ULR.472","DOIUrl":"https://doi.org/10.18352/ULR.472","url":null,"abstract":"Problem-solving criminal justice is the court-based approach developed in efforts to tackle social, health and lifestyle problems linked to repeat patterns of criminal offending. Typically, these cover drug and alcohol dependence issues, mental disorder and youth and early independence vulnerabilities. This paper presents a critical analysis of three specific forms of problem-solving practiced in the English and Welsh court system – youth sentence review panels, the Family Drug and Alcohol courts and adult drugs courts. Empirical research is used to discuss the effectiveness and outcomes of these court approaches and argues realistic expectations in terms of what is considered ‘success’ for those attempting to become drug free, or establish conventional pathways and desist from crime, is essential. The barriers and obstacles preventing a more extensive application of problem-solving criminal justice is also discussed, drawing on points connected to sentencing parameters, ‘political will’ and legal cultural impediments. It is suggested if problem-solving justice is to become more widely established in local and geographical areas of need, alterations are needed to the way court innovation is enabled. Specifically, closer working relations between the professional judiciary and the large body of volunteer ‘lay’ magistrates who preside over much lower criminal court judging in England and Wales is necessary.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2019-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42884317","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: 2