The Protecion of Victims of Crimes in Serbia

Author(s): Zoran Pavlović / Language(s): English Issue: 02/2022

Public interest or the demand for retributive justice are only some of the postulates required for the creation of instruments and systems of victim protection in criminal law. In addition to the rights of the victim in criminal proceedings, the obligations of others, and not only the police, the prosecution and the court, appear as equivalent. The victim derives his status after the commission of a criminal act, and other entities, from social protection services to independent institutions, participate in his protection. Protection of the victim's rights is an inter-institutional matter, where it is done in the best interest of the victim. The individual approach in the field of victim protection in criminal proceedings must be continuous, with full trust in the institutions. This means that more must be done in the victim protection system, especially in the case of crimes with elements of violence, and especially where the victims are children and other particularly sensitive categories. Constant improvement of knowledge and skills in relation to victim protection among the holders of judicial functions, with police officers and lawyers is a condition without which there is no victim protection system. Through the construction of a protection system, the victim is enabled to cope more acceptably with the consequences of the criminal act, still also given protection from secondary and repeated victimization. By creating in the national legislation minimum standards in relation to the rights, support and protection of victims of criminal acts, a system of protection based on international and regional standards is created, as they have already been adopted by the domestic legislation. With this approach, a message is sent to the citizens that full respect for the human rights of the accused does not come at the expense of respect for the same rights of the victim.

Protection for Traffic Accidents Victims Caused by Drivers of Electric Scooter in Serbia

Author(s): Dragan Obradović / Language(s): English Issue: 02/2022

Electric scooters have become a reality in everyday life in Serbia. People who operate electric scooters can be seen driving them on roads, sidewalks, and bike paths. There have already been traffic accidents with various consequences involving drivers operating electric scooters. A special problem consists in the situation when those persons caused traffic accidents injuring other participants in the traffic or causing material damage to them. All these persons are victims of electric scooter drivers. However, the increase in the number of electric scooters in traffic in Serbia is not accompanied by adequate legal or by-law regulations, because they are still not legally regulated. This is an additional problem faced by the victims of those traffic accidents because they do not have the necessary legal certainty as to whom they should turn to with a request for compensation for damages that occurred as a result of such a traffic accident. The aim of the paper is to present the current situation in this regard in the Republic of Serbia and to indicate possible solutions to this situation.

Theoretical and Practical Analyssiss on Abuse of Minors

Author(s): Melania Nagy / Language(s): Romanian Issue: 02/2022

The protection of our children is the cornerstone of our society. However, the protection of minors was not always so clear and certain. The most striking example of this was the issue of infanticide, since it was not punished at all until the Middle Ages. A sick, underdeveloped child was worthless to the family. Nowadays, however, homicide against minors is one of the most serious crimes. In my study, I deal with abuse of minors from the perspective of theory and practice. In connection with the topic, it is essential, among other things, to examine the family as the basis of national survival. Within this unit, the children play a vulnerable role, they are in a dependent position, which is related to the behavior of their parents. The minor can assert himself properly and develop only if he receives the necessary care, concern and love from the other members of the family. However, sometimes this internal unity breaks down. The reasons for this cannot be exhaustively listed, so there are a few cases: financial crisis, emergence of various addictions: alcohol addiction, drug problems, and different degrees and types of aggression. All of these can lead to the fact that the minor's physical, intellectual, emotional and moral development is endangered by the persons whose duty it is to do the exact opposite.

Criminal Compliance and Sanctions of Terrorist Financing in Hungary

Author(s): Dávid Ferenc / Language(s): English Issue: 02/2022

As a direct result of the post 9/11 period and the war on terror preventing terrorist financing had been recognized as a main objective to be achieved by cutting violent extremists off from to have access to financial institution and from the ability to transfer money. Preventing terrorist financing is a unique objective as part of which standards and regulations are indispensable. Hungarian legal system had paid attention to the challenge from the beginning and ordered both terrorist financing and the failure to comply with the reporting obligation related to combating terrorist financing to be punishable. Combating the financing of terrorism is handled together with the fight against money laundering even if any action against the former seems to be secondary and less effective compared to the latter. Even with improvements in compliance, legislation on combating terrorist financing may remain less effective due to practical considerations and due to its clear difference based on a comparison of money laundering with terrorist financing. The presentation would give an overview of the criminal law level of terrorist financing and the failure to comply with obligations to the audience.

Právní režim gameplay jako dílčího prvku videoher

Author(s): Ondřej Böhm / Language(s): Czech Issue: 26/2022

This article deals with the question of the essence of gameplay as one of the subelements of video games. In the context of numerous discussions on the topic of the legal regime of video games, the concept of gameplay has not been uniformly defined. This fact thus leaves us open several possibilities by which it can be defined and understood. The article therefore aims to analyze these possibilities and thus present relevant information on how gameplay can be regulated and protected in Czech and EU legal practice. First of all, the article touches on copyright, as probably the most discussed possibility of protecting gameplay with intellectual property rights, while all theoretical (e.g., the principle of idea-expression dichotomy) and concrete concepts (e.g., an audiovisual work) will be discussed. The article is further devoted to patent law, focusing in particular on functionality and its actual applicability for gameplay protection. The last of the three main topics is the protection of gameplay by means of commercial law, which the article portrays as protection mainly supporting the protection provided by intellectual property rights.

Poskytovatelé datové infrastruktury, jejich role v autonomním řízení a odpovědnost za škodu

Author(s): Eva Fialová / Language(s): Czech Issue: 26/2022

The operation of autonomous vehicles will not be possible in the future without data provided by a data infrastructure. The data infrastructure will be as important as the road infrastructure, as it will provide data for autonomous vehicles. In the EU, there are already a number of regulations or regulation proposals governing intelligent transport systems. At the national level, standards should be identified according to which transport information service providers and physical operators of the data infrastructure could be held liable in case of damage occurred in the course of the operation of the autonomous vehicle caused by a service or network operation error or by incorrect data. While the provisions for liability for damage resulting from operating activities could be applied to the first two situations, the liability for incorrect data is not satisfactory resolved in Czech law, although the incorrect data may be the most common cause of damage in data-based applications in the future.

Úplná znění právních předpisů v systémech eSbírka a eLegislativa

Author(s): Jaromír Fronc / Language(s): Czech Issue: 26/2022

The article concerns the question of producing consolidated versions of legal acts. Currently, this is provided solely by private legal databases, but with the new Act on the Collection of Laws and International Treaties coming into force, each publi

Mezinárodní příslušnost soudů dle článku 7 odst. 2 Nařízení Brusel Ibis ve světle rozhodnutí Soudního dvora EU ve věci Mittelbayerischer Verlag a Gtflix TV

Author(s): Tereza Kyselovská / Language(s): Czech Issue: 26/2022

This paper aims to critically evaluate the jurisprudence of the Court of Justice of the EU regarding the interpretation of the term "place of the harmful event" in Article 7 Section 2 of the Brussels Ibis Regulation for disputes arising from the violation of personal rights and defamation on the internet. For this analysis and critical evaluation, mainly two judgments are used; judgments in the case of Mittelbayerischer Verlag and Gtflix TV, in which the Court of Justice of the EU widened the definition of the criterion centre of interests and confirmed the preservation of the so-called mosaic approach and the mere availability of harmful content on the territory of the forum. These two decisions are further placed in the context of conflict of law rules, the EU internal market and recognition and enforcement of foreign judgments.

Přehled aktuální judikatury II/2022

Author(s): Anna Blechová,Kristýna Bónová,Martin Erlebach,Vojtěch Juřička,Anežka Karpjáková,Andrej Krištofík,Pavel Loutocký,Jakub Míšek,Sofie Petrová,Jan Svoboda,Jakub Vostoupal,Ondřej Woznica,Veronika Příbaň Žolnerčíková / Language(s): Slovak,Czech Issue: 26/2022

Short summaries of current case law in the field of ICT law.

Právní aspekty interoperability software

Author(s): David Myslivec / Language(s): Czech Issue: 26/2022

This work addresses the legal aspects of software interoperability. Interoperability of software is achieved through an interface that is part of a computer program. The computer program is protected by copyright. The work deals with the scope of interface protection and the possibilities of access to unprotected interfaces. It measures the interests of the author in protecting the work against the public interests and proposes solutions that would be able to provide a greater degree of interoperability or sharing the information necessary to ensure it.

Međunarodnopravni okvir za pružanje strane humanitarne pomoći u doba mira

Author(s): Nebojša Raičević,Zoran Radivojević / Language(s): Serbian Issue: 28/2022

The establishment of foreign humanitarian aid in times of peace is primarily related to various natural disasters and other large-scale accidents when it is necessary to provide support to the vulnerable population of the affected country. In international law, there is no general international treaty which would comprehensively regulate the issue of cross-border humanitarian aid in times of peace. The current rules of international law that constitute the normative framework for the provision of foreign humanitarian aid are scattered in a large number of heterogeneous international instruments and sources of different legal force. They are often vague and come down to a few general principles applicable in all situations, irrespective of the nature of the peace-time disaster. These intenational rules include the norms of international treaty and customary law, as well as a large number of legally non-binding rules that fall into the domain of soft law. Thus, the international legal framework for the provision of foreign humanitarian aid in times of peace is still not properly systematized, organized and fully completed.

The Legal Status of Gibraltar after Brexit in Light of the Provisions of the Protocol on Gibraltar

Author(s): Miłosz Gapsa / Language(s): English Issue: 1/2022

Gibraltar remains subject of an ongoing British-Spanish dispute over sovereignty. Nevertheless, membership of the United Kingdom in the EU stabilized the cross-border situation. Clearly, Brexit has threatened the established status quo. The legal status of Gibraltar is regulated in a special Protocol attached to the Withdrawal Agreement. It provides for deepened British-Spanish collaboration in the sectors of fishing, environmental protection, police and customs cooperation and the rights of citizens living in border areas (especially important for the Spanish region of Mancomunidad de Municipios del Campo de Gibraltar). However, compared to other Protocols, the arrangements for Gibraltar are extremely narrow. It was undecided to subject the peninsula in a greater extent to EU law than the rest of the United Kingdom. It is likely that these shortcomings will be regulated by a future EU-British Agreement governing the status of Gibraltar.

Czy powrót ustawowego bezprawia?

Author(s): Tomasz Pietrzykowski / Language(s): Polish Issue: 4/2022

Constitutional crisis confronts legal practice with philosophical problems thatnormally may seem abstract or even purely academic. Among those, there isa question of material (content-dependent) criteria of legal validity, namely whetherlegal norms may actually have any content and remain binding elements of the law.It becomes palpable due to the legislative initiatives to decriminalize some violationsof law committed by governmental officials. Such regulation deserves discussionin the light of theoretical conceptions of the claim to correctness (justice, righteousness) as a necessary feature of each act of enacting or applying the law. Arguably,even weaker conception of such claim, relying on the correctness relative to thepublic morality reflected in the fundamental values and principles of the positivelaw, is sufficient to challenge the potential presumption of validity of such decriminalizing provisions entailed by their possible formally accurate enactment.

Judges’ Freedom of Expression and the Reasonable Observer Test in International Soft Law: Relevant Documents, the Operationalization of the Test and the Scale of Expectations Placed on It

Author(s): Mateusz Wojtanowski / Language(s): English Issue: 4/2022

The paper aims to discuss the reasonable observer test as a tool for assessing judges’expression. The argument begins by analyzing the relevant provisions of international soft law, as inscribed in the instruments developed and adopted by the CoEand the UN. Subsequently, an operationalization of the test is proposed by identifying the factors to be taken into account in the application of the test. In thefollowing step, the expectations placed on the reasonable observer test are addressed,whereby the juriscentric (“strong”) and post-analytical (“weak”) positions areoutlined. The former relies on Artur Kozak’s law-philosophical conception, andthe latter is underpinned by the topography of juristic power developed by PawełJabłoński and Przemysław Kaczmarek. The paper makes the case for the post-analytical approach, which places rather modest expectations on the reasonable observertest and considers it instrumental in structuring the discussion, rather than yieldingindisputably reliable conclusions.

Recenzja: Justyna Węglińska, Realizacja bezpieczeństwa prawnego w instytucji odpowiedzialności za błąd medyczny

Author(s): Wojciech Lis / Language(s): Polish Issue: 4/2022

FROM VAN GEND EN LOOS TO MANFREDI: DEVELOPING THE RIGHT TO COMPENSATION AMONG INDIVIDUALS UNDER EU LAW

Author(s): Veljko Milutinović / Language(s): English Issue: 2-3/2011

The article analyses the development of a right to compensation operating among individuals under EU law. In particular, the discussion focuses on a series of judgments of the European Court of Justice over a period of four decades, which culminated in the Court's findings in the seminal Courage (2001) and Manfredi (2006) judgments. These judgments show the emanation of a right to damages as a (somewhat) logical 'offshoot' of the more general principle of effectiveness of EU law, with the Court motivated by a willingness to introduce the principle of ubi ius ibi remedium as a rule of the EU's supranational legal order.

PREDLOG UREDBE O NASLEĐIVANJU - KORAK NAPRED U PROCESU KODIFIKACIJE MEĐUNARODNOG PRIVATNOG PRAVA EU

Author(s): Milena Petrović / Language(s): Serbian Issue: 2-3/2011

On 14 October 2009 the Commission brought forward their proposal for a Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession. The proposed Regulation is aimed at unifying and simplifying the rules governing succession, increasing their predictability and providing more effective guarantees for the rights of heirs and/or legatees and other persons linked to the deceased, as well as creditors of the succession. The objectives of the proposal can be met only by way of common rules governing international succession which must be identical in order to guarantee legal certainty and predictability for citizens. As regards the difficulties facing those involved in a international succession mostly flow from the divergence in substantive rules, procedural rules and conflict rules in the Member States and the succession is excluded from Community rules of private international law adopted so far, there is accordingly a clear need for the adoption of a comprehensive instrument with harmonized European rules. The six issues on which the political guidelines focus are: a comprehensive instrument, one single succession, one applicable law, choice of law, habitual residence as connecting factor for jurisdiction and transfer of jurisdiction.

ODBIJANJE POSLOVANJA U ANTIMONOPOLSKOM PRAVU SAD I EVROPSKE UNIJE

Author(s): Mirjana Cukavac / Language(s): Serbian Issue: 1/2010

Although undertakings have the freedom to conclude contracts with whomever they want there are circumstances in which a refusal to supply goods or services or to grant access to a so-called 'essential facility' by a dominant undertaking can amount to an abuse of a dominant position. In the USA refusal to deal is based on three theories: anticompetitive animus usually demonstrated by a change in existing business practices with a specific intent to harm rivals, essential facilities doctrine and monopoly leveraging theory. In the European Union refusal to deal or the essential facilities doctrine has been applied over past thirty years by the European Commission, the Court of First Instance and the European Court of Justice. In addition, the European Commission's recently issued Guidelines on the abuse of dominance endorse the doctrine and sensibly describe its application and limitation. The concept of refusal to deal covers a board range of practices, such as a refusal to supply products to existing or new customers, refusal to license intellectual property rights or refusal to grant access to an essential facility or a network. These practices constitute an abuse if certain circumstances are fulfilled: product or facility has to be really essential, the refusal is likely to lead to consumer harm, that it is unjustified and such as to exclude any competition on a downstream market.

CONSTITUTIONAL MIXITY OF EC AND EU LAW, ECJ C-91/05, COMMISSION V. COUNCIL

Author(s): Jelena Vukadinović / Language(s): English Issue: 1-3/2009

U radu je analizirano ustavno preklapanje i pomešanost nadležnosti kojima su nakon sporazuma iz Mastrihta do stupanja na snagu Lisabonskog sporazuma raspolagale EZ i EU. Nejasna ili maglovita linija podele nadležnosti često je u praksi dovodila do sporova između organa EZ i EU što je kvalifikovano i kao potkradanje nadležnosti od strane EU, naročito kod regulisanja pojedinih pitanja iz zajedničke spoljne i bezbednosne politike (drugi strub) i sudske saradnje u krivičnim predmetima (treći stub). Stoga se pred Sudom pravde kao jedno od osnovnih, postavilo pitanje jasnog razgraničenja pomenutih nadležnosti radi očuvanja i zadržavanja postignutih komunitarnih tekovina (acquis communautaire). O stavu Suda autor piše komentarišući njegovu odluku u predmetu ECOWAS.

THE EFFECT OF THE EUROPEAN COMMUNITIES ACT 1972 AND THE HUMAN RIGHTS ACT 1998 ON THE UK'S CONSTITUTIONAL ORDER CONSIDERING THE PRINCIPLE OF PARLIAMENTARY SOVEREIGNTY

Author(s): Jelena Sanfey / Language(s): English Issue: 1-3/2009

In this paper, author discusses the challenging of British constitutional doctrine in respect of two statutes: the European Community Act 1972 (ECA 1972) and the Human Rights Act 1998 (HRA 1998). Both statutes subject the UK Parliament to a supra-national controlling mechanism. The European Convention of Human Rights (ECHR) is interpreted by the European Court of Human Rights (ECtHR) European Treaties are interpreted by the European Court of Justice (ECJ). The main task of this essay is to examine the effects of these statutes on the UK's constitutional order in order to determine the limitations of sovereignty of UK Parliament.