Around the Bloc: Around the Bloc - Warsaw Heeds EU Court Warning on Judicial Reforms
Contentious law forcing judges into retirement on course to be repealed.
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Contentious law forcing judges into retirement on course to be repealed.
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Laura Codruta Kovesi is leading candidate for newly created position of EU public prosecutor.
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The paper deals with the role of salvors in protection of the marine environment as well as with the current position of salvors in the EU and in the Republic of Croatia. The importance of salvorsʼ work has increased considerably over the years. Only in 1980, for the first time, salvors took responsibility for the marine environment under the LOF 80 form in which they are stimulated toward the prevention or reduction of environmental damage during salvage. Nowadays, the prevention of marine environment pollution is one of the salvage priorities. Apart from the new roles that modern salvors have in marine environment protection, their potential responsibility has increased over the recent years. Taking into account that they are on the front line against environment pollution caused by vessel accidents, it is not rare that damages are being claimed also against salvors. According to the valid conventions, salvors are somewhat protected against such claims (1992 International Convention on Civil Liability for Oil Pollution Damage and The Hazardous and Noxious Substances Convention, 1996). Since the enactment of the Convention on Civil Liability for Bunker Oil Pollution Damage in 2001, salvors lose immunity if the claim is submitted against them, and the latest EU Directive (2005/35/EC) clears the passage for the criminal liability of all participants including the salvors. The question that causes constant worry to modern salvors is whether the compensation at their disposal is adequate in the case of pollution prevention with regard to their exposure to civil and criminal liability. The salvors need to find a way to convince the relevant state authorities, maritime experts and insurers to start paying greater or additional compensations as a stimulus to the salvors in marine environment protection, which would be, in the long term, the interest of all afore mentioned participants. The fact is that the current remuneration system is not satisfactory and does not sufficiently stimulate the salvors in the protection of the marine environment. Apart from the special compensation and SCOPIC compensation, salvors only have at their disposal the salvage award as their permanent source of income, and that is traditionally limited by the value of the salved property.
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This paper represents a comparison between legal approaches to passenger protection in the United States and European Union. The author focuses on forum selection clauses in cruise passenger tickets and their treatment in proceedings following an accident related to the journey. In this context the author analyses the case law available to passengers in the United States and suggests certain changes in the treatment of forum selection clauses. Moreover, this paper introduces legal instruments available to cruise passengers in the European Union and gives a detailed analysis of EU approach towards jurisdiction clauses. Most importantly, the author draws conclusions from the comparison between the two legal systems and their approach to consumer protection.
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Liner shipping conferences have historically been granted some form of exemption or immunity from the competition rules in many jurisdictions. In the European Union, the Council of ministers agreed on rules, in 1986, which exempt price-fixing and capacity regulation, under certain strict conditions, from Articles 81 and 82 of the EC Treaty. The justification for the Liner Conference Block Exemption Regulation 4056/86 was the assumption that rate-setting and other activities of liner conferences lead to stable fright rates, which in turn assured shippers of reliable scheduled maritime transport services. However, this immunity has been subject to review in several part of the world, including European Union. The Commission’s proposal to repeal the block exemption for liner conferences was the result of three year investigation by Commission during which extensive consultations with carriers and transport users took place. In September 2006 Council of ministers adopted Commissionʼs proposal to repeal the exemption from the EC Treatyʼs ban on restrictive business practices (Article 81) for liner conferences on routes to and from EU. The repeal will enter into force in October 2008. The Council also empowered the Commission to apply EC Treaty competition rules to cabotage and tramp shipping, by extending the scope of the competition implementing rules of Regulation 1/2003. In order to ease the transition to a fully competitive regime, the Commission will issue Guidelines on the application of the competition rules to maritime transport services, in consultation with all stakeholders. The paper analyses the reasons of the recent changes of the competition substantive-law regulations and competition implementing-law regulations regarding liner conferences agreements, cabotage and tramp shipping services. The different proposals and arguments of the stakeholders are being taken into consideration in a critical manner.
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This article problematizes the legal concept of so-called hate speech in order to contribute to current debates on this complex and omnipresent social phenomenon. Firstly, it refers to the provisions of various international human rights instruments relevant in the context of combating hate speech, providing general legal framework for the proper assessment of this issue. Then it discusses the legal concept of hate speech and certain controversies and difficulties involved. In particular, it points to the specific distinction that must be established and preserved between hate speech and other forms of hateful speech. Finally, the jurisprudence of the European Court of Human Rights concerning hate speech is analyzed by providing relevant examples from its case-law. In this connection, certain serious deficiencies in the ECtHR hate speech jurisprudence are indicated and briefly explained.
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L'interprétation constitutionnelle judiciaire des droits fondamentaux comme l'interprétation judiciaire autoritaire des normes constitutionnelles en totalité est qualifiée de constater explicitement la signification normative des norme consti-tutionnelles par lesquelles on touche directement ou indirectement la position subjective judiciaire. Les différences parmi les tribunaux constitutionnels européens dans l'in- terprétations des droits fondamentaux ne sont pas seulement de la nature termi¬nologique. A l'égard de l'effet juridique des droits fondamentaux tous les tribu¬naux constitutionnels européens se trouvent à la même position: par les droits fondamentaux on reconnaît le caractère du droit constitutionnel directement ap-plicable. Daprès leur valeur juridique ces droits se trouvent au dessus des droits communs constitutionnels ou lègals des citoyens. Pourtant à l'égard du cercle des droits auxquels on donne le rang des droits fondamentaux des différences entre les tribunaux constitutionnnels européens sont beaucoup plus frappantes. Au fond elles sont conditionnées par la seule standardisation constitutionnelles des droits des citoyens. Tandis que les constitutions de l'Autriche et d'Allemagne prévoient seulement le bouquet libéral des droits fondamentaux tant que les constitutions de l'Espagne et de l'Italie garantissent aussi quelques droits socio- -économiques fondamentaux. C'est pourquoi les nouvelles figures interprétatives dans l'autorité judiciaire constitutionnelle de l'Allemagne et de l'Autriche n'ont qu'élargi la portée normative des droits fondamentaux classiques. Elles ne sont arrivées jusqu'à la formation des droits fondamentaux modernes À cet égard la juridiction de ces tribunaux constitutionnels et les attitudes dominantes de la dogmatique judiciaire sont au fond identiques.
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This research tries to answer the question “How does the Hofstede`s Model of societal cultural differences relate to the development of EU countries e-government and open government?”. This question of interest in the research comes from the growing number of discussions about how the culture impacts the economic growth, but much more because of the literature GAP about the factors of relations among the Hofstede`s Model dimensions and the new governance models in the EU countries. Based on a literature overview and analyze we propose a thesis is that the analyzed EU countries can be clustered into three. The countries, which fall into the same cluster entitled Cluster of Changers, possess cultural similarities and this relates to the progressive development of the open and e-government. This is such because these countries possess the same characteristics defined by the Hofstede`s model. The second cluster of countries, we entitled them Cluster of Observers, are characterized by similar characteristics according to Hofstede`s model, they have slow development in the open and e-government. And the third one, the cluster Cluster of Moderators falls neither into the cluster of Changers or Observers. We propose a matrix model, which explains the Hofstede`s model of cultural dimensions in regards to the e-gove
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The article will focus on the problems generated by the information disorder including the recent “Analytica” scandal and how they imperil the creation of “smart society”. Essential for the existence of such society is smart citizenship which is under threat in the age of disinformation. Important questions are related to the quality of participation – one about the diffusion of fake news and hate speech in the web and another to counteracting them through various initiatives. As a framework of the study I shall use the European human rights standards and regulations which are indispensable to the establishment of a smart environment for all persons and communities. Against this backdrop the risks for participation and engagement through social media will be analyzed. The study will try to find answers to the following questions: do and to what extent social media trigger information disorder, how Facebook will change after “Analytica” (if at all) and how the users will change their participation habits and behaviour (if at all)? In the current research I shall use and enrich my previous investigation projects of civic journalism, blogs and protests in Bulgaria (in co-authorship with A. Dimova, 2013), of smart journalism in co-authorship with Zankova, Skolkay, Franklin, 2016, of smart citizenship, social networks and local referendums as a tool for expanding community democracy [1] and the most recent one on the effectiveness and efficiency of fact-checking and debunking organizations (in co-authorship with T. Pavleska, A.Skolkay, N.Ribeiro, A.Bechmann (forthcoming). This interdisciplinary piece will be useful for both academics and practitioners and specifically for media and NGO specialists to get knowledge about the increased accountability of the media today, and about the conditions that will guarantee secure people’s involvement in an active and meaningful online participation and debate.
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As social organisms cities continuously change to ensure high quality of life for citizens and to provide services to business driving social, cultural and economic development and growth within urban ecosystems. Rethinking cities as communities looking at the future implies to jointly consider sustainability, innovation and information technology as sources and issues of city design. The future and sustainability of cities relies on developing sources for technology-enabled innovation that helps cities to be attractive communities that acquire intellectual capital and foster knowledge-based processes. Sustainable cities tend to develop knowledge creation and innovation over time in order to improve and extend the wealth of people within community. As smart communities, cities should identify a path for sustainability adopting a smart approach to urban development. The aim of the study is to elucidate how cities consider innovation driven by information technology as a source that helps proceed towards sustainability. Cities promote and develop innovation in services, city design and city governance using information technology. The study is theoretical and relies on the analysis of literature that concerns the relationship between innovation and cities. Cities should select a path for sustainability promoting a smart approach in order to develop innovation by using information technology. The main contribution of this study is to elucidate how cities identify a path for sustainability investing organizational and strategic sources to develop innovation as a framework that drives processes of change and helps sustainability within urban ecosystems. Cities become communities oriented to promote sustainability developing smartness as a strategic orientation and approach for change, designing and implementing technology-enabled and citizen-centred services, constructing forms of governance that rely on engagement and participation of all urban stakeholders. As communities looking at the future, cities believe ad invest in innovation as a source that ensures social and economic growth as a means for value creation in urban ecosystems.
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The causes of juvenile delinquency as well as the insufficient effectiveness of punishment against them require serious efforts to rethink and overcome as far as possible these problems. The right approach to adolescent perpetrators is the application of alternative methods to punishment and means of action aimed at correcting their behavior and re-education.
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The article provides a comparative analysis of the specific purpose of the trial clause and the training clause as elements of the content of the employment contract for a trial period and the employment contract for learning at work. In practice, a number of labour law disputes arise over the effect of both types of employment contracts. The main reason for this tendency is the lack of sufficient knowledge of their character and designation. The analysis carried out reveals the main specifics regarding the purpose of the employment contracts under Art. 70 and Art. 230 of the Labour Code, which will facilitate their application in practice. For the purpose of completeness of the study, the current case-law relevant to the issues raised has also been considered.
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Certain to lose seats in the May elections, the European People’s Party delivers an ultimatum to Hungary’s ruling party.
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In this paper the author analyzes the similarities between European Union's public discourse on multiculturalism and the discourse on multiculturalism in Istria. The starting point is the understanding of the processes of Europeization, which include the European Union member countries as well as the aspiring member countries; the mentioned processes imply not only the implementation of the European Union legislative but also the local reaction to these processes, including changes on the level of identity. Analyzing the Istrian rhetoric of multiculturalism, the author finds similarities between the discourse on multiculturalism in the European Union and that in Istria, both characterized by a basic dichotomy – inclusion of some groups and exclusion of others. And while the EU discourse on multiculturalism, joined under the slogan "Unity in Diversity", largely excludes immigrants, the similar interpretation of multiculturalism can be perceived in Istria, where, according to statements of some participants in the research, multiculturalism means the coexistence of Croats and Italians in Istria (but also of other groups that managed to coexist in the territory of Istria throughout history). However, the newcomers are expected to assimilate into the already existing Istrian multiculturalism, a strategy completely different from the nominal support and recognition of diversity that multiculturalism implies.
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Legislative reform in tax matters also concerned aspects of the obligation to pay taxes on the building, land and means of transport, which, through Law no. 227/2015 on the Fiscal Code, was imposed on the person who owns the property right subject to taxation on the 31st of December of the previous fiscal year, unlike the old Fiscal Code (Law no. 571/2003), in which the new owner was obliged to pay the respective tax from the first day of the next month in which he acquired the ownership right and the payment obligation ceased with the first day of the month following that in which he ceased to be the owner of the asset subject to taxation.
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The article provides an overview of the enlargement strategy and progress achieved in the Western Balkans. Various challenges are discussed, including lack of functional state apparatus and disputes with neighbours in the region. Transition process turned out to be more complex than anticipated, however, a new strategy adopted by the European Commission sets out a year 2025 as a perspective for Montenegro and Serbia to complete the accession process.
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Freedom of peaceful assembly represents one of the forms for involvement of individuals in the community’s political life. After identification of the relevant regulations of the European Convention for the Protection of Human Rights and Fundamental Freedoms, this paper firstly presents the fundamental standpoints of the European Court of Human Rights regarding restrictions to the freedom of assembly; thereafter, examines compliance of the legal solutions in Serbia with European legal standards in this field. The author concludes that the standards of the ECHR affirm the exercise of freedom of peaceful assembly as one of the significant postulates of democracy. The Law on Public Assembly (2016) Serbia has significantly enhanced the legal framework for the exercise of the right to freedom of peaceful assembly and achieves a higher level of compliance with national and European Union law.
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