The Reference to ‘A Work or Software’ as the Factor Determining the Scope of the European Union Public Licence (EUPL) v. 1.2

Author(s): Żok Krzysztof / Language(s): English Issue: 2/2021

Free and open source software (FOSS) has undoubtedly become an important element of intellectual property law. It is therefore not surprising that the European Commission developed its own non-proprietary licence, i.e. the European Union Public Licence (EUPL). The article examines the reference to ‘a work of software’ to determine the scope of the licence. For this purpose, the paper discusses the reasons for the creation of the EUPL, the relationship between a work and software as well as the structure of a computer program. The following considerations also include the compatible licences listed in the EUPL Appendix. The article concludes that the reference to a work or software is not accidental because it removes serious doubts arising from the concept of a computer program. Thus, this legal solution may facilitate the wider adoption of the licence.

Online Platforms and "Dependent Work" After Uber

Author(s): Silvia Lattová / Language(s): English Issue: 2/2021

Digitalization is bringing new challenges, including the way how people used to work. The future of work is uncertain. Technology driven innovations are changing the way, how society react to such development by creating different types of jobs and workplaces. What is important today can be redundant tomorrow. Having said that the labour law and civil law will most probably need to react in certain way. The main aim of this paper is to focus on the specific types of activities – such as virtual work or crowd work as well as on relationships between digital platforms, workers, employers and clients while offering and providing services via online platforms. Further the paper will outline the responsibility of online platforms if considered to be in a position of an employer. Due to the lack of compliance with labour laws related duties the online platforms are gaining the unfair competition advantage comparing with "traditional" employer. When it comes to the virtual workers, they can potentially suffer from inadequate or limited access to the certain kind of protection (when compared to the "traditional" employees).

Exploring the Relation Between the Indegree Centrality and Authority Score of a Decision and the Reason for Which It Was Cited: A Case Study

Author(s): Terezie Smejkalová,Tereza Novotná / Language(s): English Issue: 2/2021

Some of the recent network citation analyses that in continental legal settings have suggested that the most cited decisions (in terms of network citation analysis those with the highest indegree, or authority score) tend to be related to procedural issues, or issues of a more general nature, capable of being referred to in a more varied situations. While it may seem intuitive that decisions with the highest indegree centrality or authority score would settle issues of a more general nature, hence making them more widely applicable to various kinds of subsequent cases, we were wondering, whether this trend would be noticeable in less exposed decisions. To this end, we have conducted a case study within the boundaries of the Czech legal system. We have chosen five decisions containing a chosen keyword based on their indegree centrality in a corpus of Czech apex courts’ decisions. Subsequently, we have constructed eleven strings of decisions (connected to one another by a citation) leading to these five decisions, again paying attention to their indegree. We theorize that the decisions with higher indegree centrality as well as decisions with higher authority score will be cited in situations seeking a case-law argument for either procedural issue, or an issue of a more general nature, or an issue of principle, while the decisions with low indegree centrality or low authority score will be cited for their substantive law merit. This paper seeks to demonstrate how the network analysis in combination with a qualitative approach may serve as a useful approach in further exploring this hypothesis. We show that the actual citation environment in Czech legal setting might be more complex than this hypothesis suggests, but that this methodological approach may be further useful in exploring the normative nature of judicial decisions in non-precedential legal settings.

Popularisation of non-custodial penalties for inmates 60+. Reference to fragments of own research results

Author(s): Katarzyna Gucwa-Porębska / Language(s): English Issue: 2/2022

Referring to the evolution of individual systems, it can be clearly noticed that alongwith the progress and development of civilization, the essence of probation interactions in thereintegration process is emphasized. Along with the development and dissemination of noncustodial penalties, the professionalization of activities in the area of the application of suchpenalties is more frequent. One of the forms of non-custodial penalties is electronic supervisionsystem. The aim of this article is to present the main assumptions of ESS and its application inworking with inmates 60+. The forms of support provided under electronic supervision andopinions on serving a sentence in ESS will be presented.

PROŠIRENJE EVROPSKE UNIJE U VAKUUMU BEZIDEJNOSTI – POVODOM JEDNOG DOKUMENTA KOMISIJE EVROPSKE UNIJE

Author(s): Slobodan Samardžić,Bojan Kovačević / Language(s): Serbian Issue: 1/2020

In this paper we analyse the relation between the EU and Serbia in the light of new initiatives for overcoming the death lock of the EU enlargement process. First, we deal with the link between the Monnet uniform method of integration and the EU's systemic crisis that has been revealed in 2009. Then, by analysing the case of Serbia we show how the EU enlargement policy's function has been fundamentally changed. Third, we enlighten the novelties in the methodology of the enlargement process proposed by the European commission as a response to an initiative of the President of France. Finally, we argue that this proposal should be seen as a chance for liberating the EU-Serbia relation from the too heavy burden of uniform form that has entered into conflict with life of European peoples a decade ago.

Znaczenie postępowania likwidacyjnego, reklamacyjnego oraz sądowego w procesie dochodzenia roszczeń odszkodowawczych w związku z powstałą szkodą komunikacyjną.

Author(s): Michalina Jusik / Language(s): Polish Issue: 37 (1)/2022

The subjects of this study is to show aspects of claiming compensation under motor insurance claims during the claims settlement, complaint proceedings and litigation in the context of insurance law and judicial decisions. Therefore, the first part of this study describes issue of claims settlement which is de facto the first and the most important part of claiming compensation. At this stage, the insurer takes over liability to the extent appropriate and indicates the limits of his liability for damage in a traffic incident. Then, the complaints procedure is presented pursuant to the Act of 5 August 2015 on Complaints Handling by Financial Market Entities and on the Financial Ombudsman, in relation to the form of reporting damage and generally available proceedings of claims settlement. Subsequently, the study presents selected aspects of the possibility of pursuing claims in court. Here, in particular, reference is made to the basic principles of civil law in relation to the “normal extent of the damage” clause as a conclusion on the current position of the Supreme Court. The main purpose of the study is to demonstrate the possibilities available to the injured party of a traffic incident – claims settlement, complaint and litigation. As a result of the research, this study presents the impact of claims settlement and complaint procedures on court proceedings in the scope of pursuing claims for damages.

Wymogi konstytucyjne określone w art. 50 ust. 1 TUE – możliwe procedury podjęcia decyzji o wystąpieniu z Unii Europejskiej w państwach członkowskich

Author(s): Marcin Krawczak / Language(s): Polish Issue: 37 (1)/2022

The vast majority of the literature on the procedure of a Member State’s withdrawal from the European Union concerns the analysis of subsequent stages of the process at the EU level. Researchers rarely resort to internal (national) procedures related to making a decision on the withdrawal from the EU. According to Article 50(1) of the Treaty on European Union, which is the legal basis for a Member State’s withdrawal from the EU “Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements”. The term “constitutional requirements” has raised numerous problems of an interpretative nature in the Brexit process. This paper, therefore, addresses the possible procedure for making a decision to withdraw from the European Union in all Member States. The study analyzes national provisions relating to membership in the EU and international organizations in general. Although no Member State, except Poland, regulates the procedure of making a decision to withdraw from the EU directly, legal systems of all Member States include provisions concerning ratification and termination of international agreements.

Doręczenie komornicze. Zakres przedmiotowy i podmiotowy doręczenia komorniczego w świetle art. 1391 k.p.c.

Author(s): Joanna Lipińska / Language(s): Polish Issue: 37 (1)/2022

This study addresses issues concerning the so-called service by a court enforcement officer. The provisions specified in art. 1391 of the Code of Civil Procedure were implemented under the Act of 4 July 2019 amending the Code of Civil Procedure and certain other acts. This study constitutes an attempt to define the personal and material scope of application of art. 1391 of the Code of Civil Procedure. Along with the analysis of the material scope, a catalogue of documents which are subject to service by a court enforcement officer is specified. The author discusses in particular whether the following documents are subject to service by a court enforcement officer: petitions for summons to a conciliation session, petitions for securing evidence submitted prior to initiation of the proceeding, decisions to refer the case to a different court for adjudication, court orders and obligations toward the court. In addition, the personal scope of the provision in question is broadly reflected upon and it is determined whether art. 1391 of the Code of Civil Procedure shall apply to legal persons. This study is based on the provisions of law in force laid down in the Code of Civil Procedure, in particular in art. 1391 of the Code. Moreover, the author make use of the professional literature and judicial decisions issued hitherto. The study concerns the application of the provisions of art. 1391 of the Code of Civil Procedure in the jurisprudence. More precisely, I take into consideration the decisions of courts of appeal competent for the area of Łódź and Warsaw by using the documentation gathered in the legal office I work in.

Wyrok Sądu Apelacyjnego w Szczecinie I Wydział Cywilny z dnia 28 kwietnia 2021 roku (I ACa 184/20)

Author(s): Author Not Specified / Language(s): Polish Issue: 37 (1)/2022

Wyrok Sądu Apelacyjnego w Szczecinie II Wydział Karny z dnia 23 września 2021 roku (II AKa 1/21)

Author(s): Author Not Specified / Language(s): Polish Issue: 37 (1)/2022

Wyrok Wojewódzkiego Sądu Administracyjnego w Szczecinie z dnia 16 grudnia 2021 roku (I SA/Sz 61/20)

Author(s): Author Not Specified / Language(s): Polish Issue: 37 (1)/2022

Mariusz Bogusz (red.), Postępowanie odwoławcze w ogólnym postępowaniu administracyjnym, Wydawnictwo Uniwersytetu Gdańskiego, Gdańsk 2019

Author(s): Tomasz Kosicki / Language(s): Polish Issue: 37 (1)/2022

Następstwo prawne w świetle ustawy z dnia 20 lipca 2018 roku o przekształceniu prawa użytkowania wieczystego gruntów zabudowanych na cele mieszkaniowe w prawo własności tych gruntów

Author(s): Marek Stawecki / Language(s): Polish Issue: 15/2022

The Regulation from 20th July 2018 on Transformation the Right of Perpetual Usufruct of built-up land for residential purposes into Ownership Title came into force on 5th October 2018 (Journal of Law 2020 it.139 with further amendments). This regulation evoked numerous doubts that appeared in practice. Pursuant to assumption of the legislator this transformation supposed to be a paid service. However, a few exceptions to the above law were provided for i.e. relating to natural persons or their heirs in case when they paid an annual one-off payment for the whole period of perpetual usufruct. A personal nature of this entitlement justifies its rationing exclusively to natural persons who acquired both rights and obligations of their predecessor. The above entitlement is closely related to the way (mode) in which a perpetual user acquired a perpetual usufruct right. This means that not every case of a legal succession entitles to acquiring a real estate on preferential principles (i.e. free of charge) and only this case related to a hereditable succession. The purpose of my article is to prove that in case of legal successors there is no grounds for limitation (on a legal analogy basis) to free-of charge transformation only to the successors under a general title (i.e. heirs), excluding the acquirers of a perpetual usufruct right on a contract basis. The manifestation of a legislator’s will was granting privileges to the persons towards whom minimising the encumbrance resulted from a nature of the transformation (a paid service) would be justified. However, the above came into force with ‘a detriment’ for a specific category of entities. This problem is the consequence of a highly complex character of the transformation matter with regards to its legal effects, ambiguity of regulations, and above all, it is related to the fact that a legislator seems not to notice relevant issues connected to the above matter. In this article I analyse and evaluate the latest legislative changes as well as present the review of the attempts to liquidate a perpetual usufruct leading to transforming this right into a ownership title. The research method applied for the purpose of this article is the analysis of current laws and regulations as well as selected judicial decisions.

The impact of urbanisation on health security of urban dwellers in Nigeria

Author(s): Musediq Olufemi Lawal,Temitope Sade Akintunde,Olawale Olufemi Akinrinde / Language(s): English Issue: 15/2022

Urban centres continue to attract people across social divides. So also is the environment, which changes with constant interactions among urban population who constantly harness environmental resources for their survival. This process comes with its attendant effects that could be either positive or negative. This process explains the rationale behind uneven population patterns among human settlements as well as the lopsided distribution of resources needed to make life worthy of living. The public utilities, health and social services continue to be largely unavailable and where they are available, they are inefficient, shoddy and collapsing. This study is therefore a novel attempt at making a modest contribution to academic discourse on urban studies. It tries to explore the impact of urbanisation on health situation and life expectancy of urban dwellers. The study made use of primary data, which was collected through telephone interviews. The participants in these interviews included scholars in urban studies, public health educators, social workers, and epidemiologists. This was complemented with data from existing literature from scholars in urban and health studies. The results from this study showed that urban environmental problems like inadequate water and sanitation, high infant mortality, lack of rubbish disposal, industrial pollution and its attendant respiratory infections and other infectious and parasitic diseases persist. This is therefore an indication of the deleterious status of socio-economic determinants of health that can hamper a healthy life expectancy.

Wybrane aspekty odtwarzania celów w prawie gospodarki odpadami (cz. II)

Author(s): Marek Łazor / Language(s): Polish Issue: 15/2022

The axiological plane in the interpretation of provisions of the waste management law plays a significant role due to dynamic changes which are taking place concerning its values and which are related to waste management procedures. Although they are, to a large extent, one of the elements forming the structure of the general objectives of the environmental law, they also retain their individual systemic properties, as presented in part 1 of the study. Analyzing the main structural assumptions of the teleological aspect in the derivational theory of legal interpretation created by Maciej Zieliński will allow us to examine whether it may be a valuable tool in the interpretation of provisions of waste management law. In this context, we must note that supporting a particular ideology of interpretation may be conducive to maintaining axiological consistency when applying provisions of a given branch of law. Furthermore, the detachment of particular interpretative directives from the methodology of their use (or as M. Zieliński puts it in his conception - from certain principles, rules or guidelines) makes them a “passive” instrument in the hands of the interpreter that may lead to interpretative results that are often irreconcilable with the objectives of the law ascribed to the legislator.

Zarządzanie finansami gminy

Author(s): Krzysztof Kłak / Language(s): Polish Issue: 15/2022

The aim of this study is to present and assess the methods of public management in local government units. For this purpose, the author used the dogmatic-legal method and analyzed the literature. The sources supporting the budget and its expenses have been indicated. This article describes two basic methods which are the budget and the long-term financial forecast and presents the basic assumptions of these methods.

THE RELATIONSHIP BETWEEN THE DSU ARTICLES 21(5) AND 22 AND THE ISSUE OF THE LITIGATION DEADLOCKS IN THE DISPUTE SETTLEMENT SYSTEM OF THE WORLD TRADE ORGANIZATION

Author(s): Uroš Zdravković / Language(s): English Issue: 2/2022

In December 2019, the World Trade Organization (WTO) litigation system was deadlocked. One of the important concerns which arose then was how the blockage of the litigation system could affect Dispute Settlement Understanding (DSU) procedural provisions governing the suspension of concession and other obligations. In the light of this these circumstances, we need to discuss the “sequencing” issues regarding the claimant’s procedural right to seek authorization for suspension in accordance with Article 22 of the DSU and implementation procedure envisaged in Article 21(5). Thus far, the WTO judicial bodies have been inclined to the position that there is no “sequencing condition” for exercising procedural rights provided in Article 22. Contrary to the position of the WTO jurisprudence, academics mostly advocate that the relationship between Articles 21(5) and 22 of the DSU exists through sequencing prerequisite. However, this problem needs to be redefined in the light of the irregular circumstances that may be created by the blockage of the litigation system. Therefore, exclusively in situation where litigation is in blockage, the claimant should be entitled to commence the Article 22 procedure, without prior employment of the implementation procedure in accordance with Article 21(5) of the DSU. In normal circumstances, the claimant must respect a sequencing prerequisite.

Tax Avoidance and European Law. Redesigning Sovereignty Through Multilateral Regulation. Mihaela Tofan,

Author(s): Ionel Bostan / Language(s): English Issue: SI/2022

Review of: Mihaela Tofan, Tax Avoidance and European Law. Redesigning Sovereignty Through Multilateral Regulation, Routledge: London, 2022, eBook ISBN 978-100-33-0997-0

Postrzeganie i wykorzystanie marki osobistej w pracy zawodowej przez przedstawicieli wybranych zawodów prawniczych

Author(s): Weronika Muszyńska / Language(s): Polish Issue: 17/2022

The volatility of the labor market, as well as the self-centeredness of employees in relation to career management, make having a personal brand a necessity if a person does not want to lose their career opportunities (Gorbatov et al., 2021). Also in the legal world there is a growing interest in caring for one's own attractiveness and value on the labor market (Vosloban, 2013), which is related to a personal brand. The work is theoretical and empirical, and its structure includes an introduction, two theoretical chapters and an empirical part presenting the methodology and results of the qualitative research. The aim of the article is to present the definition of the concept of "personal brand" with the distinction between its components and to present the possibilities of its use in professional work by representatives of legal professions from the Greater Poland voivodeship (N = 10). To achieve the goals, a review of the latest literature and research was carried out in the form of individual in-depth interviews (IDI). The qualitative research was carried out from March to April 2022. As a result, it was assumed that a personal brand is a multidimensional concept, which includes: values, reputation, external appearance and professional experience. It was also found that it can be successfully used in professional life by representatives of legal professions, including in order to acquire new clients or to open your own law firm. At the end of the article, the limitations of the applied research method and directions of research for the future were formulated.

Teisės terminijos tvarkyba Terminologijos komisijoje (1921–1926): Terminologijos komisijos 100-mečiui

Author(s): Alvydas Umbrasas / Language(s): Lithuanian Issue: 28/2021

2021 marks the 100th anniversary of the establishment of the first Lithuanian Terminology Commission, which systematized the terminology of various fields, including law, in an organized manner. Lithuanian, as the official language of law, took only the first steps at that time. The list of legal terms considered by the Terminology Commission and published several times in the press contributed to the standardization of the legal language. Although small, the list, which included examples of usage, helped to write court texts in Lithuanian and performed a largely didactic function.