Juridica International最新文献

{"title":"Emerging Challenges to Public Procurement: Covid-19 and Regulatory Approaches to Public Contracting in the EU, the United Kingdom, and France","authors":"Şimal Efsane Erdoğan, Oana Ştefan","doi":"10.12697/ji.2023.32.02","DOIUrl":"https://doi.org/10.12697/ji.2023.32.02","url":null,"abstract":"In recent years, the use of public procurement as a tool to manage the health crisis and, most recently, the Ukraine crisis, has raised concerns. In their efforts to fight the pandemic, as well as for palliation of the economic effects of lockdowns, Member States have implemented various procurement adjustments, and since 2020 we have seen the European Commission resorting to guidance that, in effect, puts in abeyance public procurement rules related to transparency, equality, and competition. Against this backdrop, the article reflects on the regulatory tensions stemming from the use of public procurement as a crisis management tool. Relying on comparative legal analysis, the article looks at the changes in public procurement spurred by the SARS-CoV-2 crisis in the EU, France, and the UK. The article expresses particular interest in evaluating the discretion left to the contracting authorities and the extent to which allowing such discretion can negatively influence public procurement principles such as transparency, legal certainty, equality, and open competition. \u0000","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":"22 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139005188","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}

{"title":"An Empirical View of the Extent of the Use of the Education Exception to Copyright","authors":"Aleksei Kelli, M. Pedaste, Ä. Leijen","doi":"10.12697/ji.2023.32.07","DOIUrl":"https://doi.org/10.12697/ji.2023.32.07","url":null,"abstract":"The article is based on a study commissioned by the Ministry of Justice entitled ‘Extent of Use of Educational Exceptions of Copyright’. The presumed rationale for this is that holders of rights are not compensated for the use of copyright works and subject matter of related rights under the educational exception. In turn, holders of rights would like to be compensated for such use. Therefore, the results of this study, which reveal what is being used and to what extent, can serve as one of the legal policy inputs for addressing the issue.\u0000The study was based on a survey. When drafting the questionnaire, it had to be taken into account that it was not answered by copyright experts, but by the staff of the educational institution. For this reason, a specific use was asked. The definition of an educational institution was based on subsection 3 (2) of the Republic of Estonia Education Act, according to which educational institutions are above all preschool education institutions, basic schools, upper secondary schools, vocational educational institutions, institutions of professional higher education, universities, hobby schools and continuing education institutions, including the research and methodology institutions which provide services to them.\u0000Depending on the specialty, very old works whose copyright has expired (more than 70 years after the death of the author) may also be used. Mapping the use of such works was not the aim of this study, which was also emphasised in the questionnaire.\u0000This study looked at copyright awareness, form and volume of copying, etc. in relation to literary and reference works, photographs, musical works, and audiovisual works. The authors of the study found that the surveyed works are the most widely used in educational institutions. \u0000The results of the study were further verified through focus group interviews. Further input for the interpretation of the results was also obtained from the copyright training provided to the questionnaire respondents. \u0000","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":"46 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139003858","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}

{"title":"A Paradigm Shift in the Role of Courts? Disappearance of Judicial Review through Mutual Trust and other Neofunctionalist Tenets of EU Law","authors":"Anneli Albi","doi":"10.12697/ji.2022.31.01","DOIUrl":"https://doi.org/10.12697/ji.2022.31.01","url":null,"abstract":"","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41415637","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}

{"title":"‘Protection of Employee Privacy in the Digital Workplace’: Arguments and Comments Presented during the Defence of Seili Suder’s Doctoral Thesis","authors":"Marta Otto","doi":"10.12697/ji.2022.31.11","DOIUrl":"https://doi.org/10.12697/ji.2022.31.11","url":null,"abstract":"The contribution is based on the opinion presented in the author’s role as designated opponent to the dissertation of Seili Suder, defended at the University of Tartu on 6 December 2021. The dissertation contributes to employment-specific discussion of privacy and data protection by exploring the main legal concerns and practical challenges that deployment of the ‘newest’ digital monitoring technologies poses under the current European privacy and data-protection framework. That framework, while indeed being among ‘the most substantial and thus influential around the world’, still leaves open the question of the need for establishment of specific/sectoral provisions at EU level that regulate privacy and data protection.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47338921","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}

{"title":"The Eternal Struggle for Supremacy between Creditor and Debtor","authors":"C. Paulus","doi":"10.12697/ji.2022.31.03","DOIUrl":"https://doi.org/10.12697/ji.2022.31.03","url":null,"abstract":"Presenting a historical summary of the relationship between debtors and creditors, the article is aimed at evidencing the nature of contracting. The author argues that it has always been an attempt at both establishing and settling a power relationship. Conclusion of a contract, therefore, is not always a peace-maker, and by no means does it fulfil this function automatically.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47496448","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}

{"title":"From Child to Adult Victims and Witnesses: Ways of Improving the Quality of Investigative Interviews","authors":"Mari-Liis Tohvelmann, K. Kask","doi":"10.12697/ji.2022.31.10","DOIUrl":"https://doi.org/10.12697/ji.2022.31.10","url":null,"abstract":"Witness statements are important piece of evidence in criminal proceedings. Investigative interviews with witnesses are conducted in various stages of the investigative process, and the person conducting the investigative interview must take into account internal and external factors, that influence the quality of witnesses’ statements. The paper gives a systematic overview of the ways of improving the quality of investigative interviews of adult witnesses carried out by investigators, on the basis of a survey of the literature available from continental Europe but also Common Law countries (such as the UK, the US, and Australia). Even though detailed instructions and in-depth training programmes are available, today’s training consists largely of theoretical classroom lectures of a short-term nature that feature minimal practical tasks. Teaching methods of this type are effective in increasing knowledge but fail to transfer the knowledge into practice. Accordingly, the authors found that the training should be more practically oriented, have a longer duration, and incorporate personalised feedback in order to situate the knowledge in practice. In addition, several new computer-based approaches have been developed to help overcome the limitations identified. These provide a more personalised and flexible approach to learning, yet room still exists for further development. The paper concludes by addressing how work in the field of interviewing child and adult witnesses could develop in the future.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44526412","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}

{"title":"Dear reader,","authors":"Irene Kull","doi":"10.12697/ji.2022.31.00","DOIUrl":"https://doi.org/10.12697/ji.2022.31.00","url":null,"abstract":"Dear reader, In 2022, we are celebrating several important anniversaries related to the adoption of laws important for the building of the Estonian legal order. Against the backdrop of a major forum for the Estonian legal profession – Estonian Lawyers’ Days 100 – this year’s edition is dedicated to another important anniversary: the 70th birthday of the University of Tartu’s Professor Emeritus Paul Varul. It is difficult to overestimate Prof. Varul’s contribution to the rebuilding of the Estonian legal system after regaining of independence. In this connection, I would like to draw special attention to his belief in young lawyers. Thanks to his support, many of the students from those days now hold positions that play an essential role in the legal profession. It is precisely this belief in young people alongside respect for more seasoned peers that Prof. Varul’s colleagues and students alike have inherited from him. In addition, there are many important qualities to be learnt from his example, such as the importance of infinite kindness and patience, the fundaments of academic ability, and the value of charm and personality. While he was the main architect of Estonia’s civil-law system in general, Prof. Varul’s favourite area of attention over the years has always been bankruptcy law, which he has been intimately involved in reforming. His willingness to speak up and actively contribute to the legislative process is testimony to the jubilarian’s thoughtfulness and continuing high level of professionalism. In this edition of the journal, readers will find an article by Chirstoph G. Paulus, a long-time colleague of Prof. Varul, which is dedicated to bankruptcy law. It provides a historical overview of the relationship between debtors and creditors and analyzes the contracting process as eternal struggle for supremacy. Silvia Kaugia and Raul Narits devote their article to finding an answer to the question of how to create a law that corresponds to the idea of law. In this issue, the reader can also find a paper written by Katre Luhamaa and Merike Ristikivi about the role of the judiciary in the transitional debates, judicial reform, and changes in the professional requirements set for judges in Estonia. Modern problems of the independence of the judiciary are reflected upon specifically in an article contributed by Jesús Manuel Villegas Fernández and Victoria Rodríguez-Blanco, and Anneli Albi’s article examines another angle of the ongoing evolution: the changing role of courts in Europe – which is shifting from protecting the fundamental rights of individuals toward protection of the neoliberal economic order. Alongside these pieces are three articles dedicated to matters of criminal law. Mari‑Liis Tohvelmann and Kristjan Kask have focused their contribution on interviews with children as evidence in criminal proceedings; Carri Ginter and Anneli Soo offer the reader a meaningful analysis of the arguments for and against the criminalisation of hate","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48365814","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}

{"title":"On the Field of Application of Sociology of Law to Law-making and Impact Assessment (The Experience of Estonia)","authors":"Silvia Kaugia, Raul Narits","doi":"10.12697/ji.2022.31.04","DOIUrl":"https://doi.org/10.12697/ji.2022.31.04","url":null,"abstract":"Law is valid in many, quite different senses and forms, and the content of validity is far from uniform. Because, above all, it is important to emphasise the distinction between the legal and the social validity of law, the paper spotlights the elements of social validity encompassed by the concept of legal validity. Discourse on the object and meaning of the sociology of law remains relevant in its own right today, and the problematic nature of the interface between the sociology of law and the scientific world is evident far beyond European jurisdictions. To illustrate the sociology of law’s capacity to make a relatively independent jurisprudential contribution to solving the problems facing the law in society, the paper examines the case of Estonia. So as to support the drafting of laws that are in tune with social realities, Estonia has established rules for law-making, set out in the relevant normative documents. The authors examine those foundations: to create a socially valid law that corresponds to the idea of law, it is necessary to start by mapping out the requirements of the ‘pre-project phase’, then legitimise them and adhere to them in practice. The key message is that impact assessment has a meaning that covers more than simply drafting one or another piece of legislation; this is a process of gathering evidence of the merits and drawbacks of decision-makers’ (policy) choices, to inform assessing the potential consequences. Clearly articulating and enforcing policy directions is important for stakeholders and society at large, for ensuring the visibility and openness of legislative policy.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43236677","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}

{"title":"Algorithmic Explainability and the Sufficient-Disclosure Requirement under the European Patent Convention","authors":"Liva Rudzite","doi":"10.12697/ji.2022.31.09","DOIUrl":"https://doi.org/10.12697/ji.2022.31.09","url":null,"abstract":"Artificial intelligence and its subsector machine learning differs from traditional programming. For this reason, coupled with its potential benefits to society in many arenas, it has been articulated as one of the key priorities in the European Union. Such characteristics specific to artificial intelligence as models with increased accuracy and generalisation power may accentuate issues of algorithmic explainability that can defy patentability. Accordingly, the article focuses on the legal requirements related to the ‘sufficient disclosure’ criterion under the legal framework for patents as one facet of deciding on the patentability of the invention, and it addresses potential solutions for overcoming issues of algorithmic explainability. The author argues that solutions introducing a system involving deposit of the algorithm, training data, or both might not be as effective a mechanism for tackling those issues as instead implementing a recognised certification system.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41780192","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}

{"title":"The Independence of the Judiciary: Meaning and Threats","authors":"Jesús Manuel Villegas Fernández, Victoria Rodríguez-Blanco","doi":"10.12697/ji.2022.31.06","DOIUrl":"https://doi.org/10.12697/ji.2022.31.06","url":null,"abstract":"What an ‘independent’ judiciary means in a democratic society is a complex question, bringing in such elements as the governing of high courts, recruitment of judges, and their susceptibility to disciplinary action. Those subjects are not isolated items but components of a wider system, with its functioning ruled by political principles. Therefore, it is essential to identify the ideological conceptions beneath the diverse theses offered. The paper examines recent events in Poland and Spain that offer valuable data to illustrate the problem. In synthesis, two broad theoretical tendencies emerge: on one side, judges ought to be controlled by politicians, at least to a certain extent, in aims of safeguarding the democratic foundations of the Constitutional legal frame; on the other side, the emphasis is on judicial self-government as a means of preserving courts from corruption associated with pressure exerted by political, economic, or social lobbies. The paper presents a proposed solution to the controversy, involving characterisation of the minimum standards for a free judiciary in a democratic legal order, and for detecting the risks inherent to both politicisation and corporatism. The model is constructed by means of legal methodology that entails comparison among legal systems of different sorts in light of international documents, among them reports by the Council of Europe. A particularly significant contrast is visible in the distance between Continental and Common Law traditions, illuminated via consideration also of the United States.","PeriodicalId":55758,"journal":{"name":"Juridica International","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45982646","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}