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Some of the elements of a sustainable restorative justice politics will be presented – at the intersection of jurisdiction, law, education, social work, local governance, etc. An analysis of these will be suggested with the aim of a realistic planning of the change and of preserving its core values.
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This article provides a comparative analysis of the changes brought forward by the Retail Investment Strategy (RIS) proposal within the European Union and a critical discussion of its potential impacts. Given the limited scope of this article, the authors intend to deal mostly with cross-border business relations. The purpose of our research was to assess the impact of the current wording of the RIS proposal on existing legislative framework (MiFID, IDD, PRIIPs, and others) and to highlight potentially problematic or even counterproductive provisions. The RIS proposal impacts a wide spectrum of financial products and represents a further stage of so-called "Mifidization process". Talking about a strategy that will result in a framework amending several areas of financial services, one would reasonably expect to see unification and simplification tendencies, e.g. in information disclosure requirements. Last but not least it is rational to assume compatibility with existing legal framework, e.g. Rome I Regulation. But is this really the case? And will it lead to higher consumer protection and financial literacy standards? As we see it, the European Commission's proposal raises many hidden challenges that may prove problematic in practice and should therefore be further considered by the European Parliament and Council as a part of the upcoming European legislative process.
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Supplementary pension savings represent one of the results of the diversification of the pension system in the Slovak Republic. For the majority of the population, with the exception of selected types of professions, participation in supplementary pension savings is voluntary. In order to ensure and improve the standard of living of individuals in the post-productive age, the legislator has introduced in the legal order regulations that should motivate to participation in supplementary pension savings, such as the possibility to inherit the value of a personal account, tax benefits or employer contributions. The paper contains a set of proposals and reflections of the authors on what other possible mechanisms should be introduced in order to increase interest in saving the so-caller third pillar both on the part of the participant and on the part of their employer.
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The article provides a comparative analysis of the fundamental developments of the recently published EU Financial Data Access and Payments Package. It focuses on the comparison of the proposal of the Payment Services Directive 3 (PSD 3) and a new Payment Services Regulation (PSR) with the current PSD2. Among the main features, the European Commission promises improvements mainly in the protection of Payment Services Users and also in the area of competitiveness in the financial sector. Besides PSD3, the new PSR, which will be directly applicable in the whole EU, will tackle forum shopping by increasing the harmonisation in different Member States. Regarding competitiveness, the proposed framework aims to increase competitiveness by further enhancing open banking with a dedicated interface (API) for exchanging information between market players and providing users with dashboards to monitor and manage their consent with data sharing easily. However, the proposed framework repeals some PSD2 exceptions and imposes unnecessary administrative burden on specific types of businesses, such as foreign exchange services or limited networks, or fails to include sufficient temporary provisions allowing for uninterrupted operations. The article presents a critical discussion of proposed changes and their potential impact on practice. The new framework is just at the beginning of the legislative process, and the finally approved PSD3 and PSR are expected to be applicable in 2026 at the earliest.
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The recognition and enforcement of judgments between the Czech Republic and Ukraine are crucial elements in fostering international legal cooperation and ensuring access to justice for individuals and businesses operating across borders. This paper explores the legal framework and procedures governing the recognition and enforcement of judgments between these two countries. It highlights the significance of bilateral and multilateral agreements, such as the Lugano Convention or the Hague Convention, in facilitating this process. Additionally, it discusses the challenges and complexities that may arise in cross-border enforcement cases, including issues related to jurisdiction, reciprocity, and public policy. The paper underscores the importance of a well-established legal framework and effective judicial cooperation to promote legal certainty and enhance the ease of doing business and cross-border legal transactions between the Czech Republic and Ukraine.
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Recognition of foreign administrative acts has triggered a considerable attention of the scholarship of public law in Europe. The fact is, however, that most of the scholarship has paid attention to those models of recognition, which have been established to exist in the period of peace. In this respect, the feature of recognition has been understood as a tool, facilitating circulation of persons, products and capital. Thus, the existing academic debate on recognition has focused on this feature from the perspective of reciprocity (= mutual recognition). The current occurrences, which have arisen in the aftermath of the Russian aggression against Ukraine, represent a salient opportunity to analyse the feature of recognition from a different viewpoint. While the major approach of the EU law to the feature of recognition has been until recently based on reciprocity, the emergency legislation issued after February 2022 is built upon unilaterality. This article will focus different pieces of EU legislation, which have been issued to govern certain issues in recognition, arising with respect to the war in Ukraine.
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Every encounter of two different cultures almost inevitably brings along an issue of translation and interpretation. When it comes to bureaucratic procedures, the Czech law requires that certain inter-linguistic actions be executed with the assistance of socalled court translators and court interpreters, i.e. highly skilled professionals holding a special license issued by the Ministry of Justice. While the regulatory regime of certified translation and interpretation had been designed as to satisfy the ordinary day-to-day needs of the judicial system, an unexpected and acute crisis concerning thousands of foreign nationals having not one, but two or more native languages, seemed to have put the relatively rigid system to the trial. Our presentation will address the problematic regulatory issues arising from this situation and propose both practical and theoretical or conceptual solutions to the existing problems.
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Generative artificial intelligence (GenAI) represents artificial intelligence (AI) capable of creating new content, in different formats (text, images, audio, video, etc.), by applying large-scale machine learning models. The application of GenAI tools in different fields have led to intense debates within the professional communities, but also in the public space, regarding the performance ensured by the use of GenAI tools (ChatGPT, Gan.ai, CodeWP, DecorAI, SchoolAI, etc.), but also the aspects of the ethical and legal nature associated with the use of these tools. Education and scientific research represent two of the fields in which GenAI tools have been and are increasingly used today, causing real concerns, mainly in terms of ensuring the development of students' skills, on the one hand and respecting copyright and intellectual property rights, on the other hand. The European Parliament discussed a series of documents related to AI, documents that define a European approach to the use of AI systems. The paper aims to present the results of a study carried out by the authors about the ethical and legal implications of using GenAI in education and research. Also, the authors analyzed the European approach in AI systems, to establish to what extent it satisfies the regulatory requirements for the use of GenAI in the fields of education and scientific research and represents an appropriate starting point in defining the future European legislation in the field of AI.
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One of the important questions of European integration and the history of the EU's development is whether the European community can move from an Europe of nations to the concept of a United States of Europe, and whether this is even a good goal for European integration. In a Europe unifying towards statehood, elections (and voting rights) must necessarily unify. This study examines the relationship between EU citizenship and the concept of electoral law (i.e. the definition of active and passive eligibility) – based on the analysis of the primary legal sources and the literature. In my opinion (based on my research), at the current stage of integration, it is not realistic to consider an alternative that would place EU citizenship (at least in terms of voting rights) alongside or even above national citizenship, either for European Parliament elections or for national parliamentary elections. However, while in the case of elections to the European Parliament there is a regulatory principle (namely nationality) which could at least be added to national citizenship as a kind of subsidiary rule, in the case of elections to national parliaments a change of the rules to an EU citizenship-based approach seems unthinkable.
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Because judicial activity involves a certain amount of risk, being carried out by people, the possibility of miscarriages of justice subsists in any legal system. However, hypotheses of judicial error, which essentially involve non-compliance with procedural or substantive law rules with serious consequences for citizens' rights and freedoms, impose a positive obligation on the State to repair the damage thus caused, since the State is the guarantor of an act of justice governed by the principle of fair trial. Since the activity of judges must enjoy the guarantees deriving from the principle of judicial independence, a direct action against the magistrate responsible for exercising his office with gross negligence or bad faith is not admissible. However, a subsidiary action is regulated in many European legal systems, and the possibility of triggering disciplinary liability mechanisms against the guilty magistrate can be found in any legal system. The research methods used in order to achieve this aim are the comparative method, the analytic and historical methods.
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Nowadays, with the development of technology and globalization, implementing the law and regulations on data protection is particularly important. Implementing the Law on Data Protection in Albania has faced several obstacles and challenges because of how the information is distributed daily in social media. Although there are some regulations, bylaws, and obligations for data processing and an independent institution specialized in this field, there are concerns about the administration and illegal dissemination of personal data. The issue of data protection during investigation, prosecution, and judgment is directly linked with the presumption of innocence and the due process of law. The way the media covers an article on a criminal case can sometimes influence the court's decision. Sometimes, the journalist, during the processing of the personal data of persons under investigation, may violate even the secrecy of the investigation. This article aims to analyze the legal framework on data protection in criminal proceedings in Albania and how implementing the Law on data protection can affect the administration of justice.
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Зависноста од дроги како општествен феномен постои уште многу одамна и е неодминлив процес од развојот на секое општество. Со оглед на штетните последици кои се јавуваат како резултат на користењето на дроги, зависноста од дроги речиси секогаш претставува негативна појава која го разорува не само поединецот туку и целокупното општество. Давајќи ѝ негативен предзнак на оваа општествена појава, на лицата кои користат дроги или на лицата кај кои е веќе развиена зависноста од дроги исто така се гледа како на непосакувани лица, отфрлени од општеството. Според тоа, иако гарантирањето и почитувањето на човековите слободи и права претставува темелна вредност на секое демократско општество и воопшто на градењето и функционирањето на демократските држави, лицата зависни од дроги најчесто се ограничени во остварувањето на своите права токму поради негативниот став на општеството кон нив. Со други зборови овие лица влегуваат во една од најмаргинализираните категории на лица, кои се соочуваат со социјална исклученост предизвикана од постоењето на предрасудите, стереотипите и високиот степен на дискриминација и стигматизација од страна на општеството. Иако голем дел од државите преземаат разновидни институционални мерки и активности за надминување на овој проблем, водејќи полиберални политики за дроги со цел да се подигне свеста на населението за овој секојдневен феномен, сепак фактот дека лицата зависни од дроги се ограничени во остварувањето на своите права, останува карактеристика на демократското општество. Не земајќи го предвид нарушувањето на личниот интегритет и достоинство на лицата зависни од дроги поради дискриминирачкиот однос од севкупното население, а во голем дел и од државниот апарат, овие лица првенствено имаат потреба од остварување на правото на здравствена заштита токму поради последиците кои користењето на дроги ги предиз- викува по здравјето на поединците од една страна и потребата од третман и лекување на зависноста од дроги од друга страна. Според тоа, остварувањето на правото на здравствена заштита од страна на државата, на -- лицата зависни од дроги не само што ќе им овозможи достоинствен и квалитетен живот, туку ќе придонесе и кон намалувањето на зависноста од дроги како масовна општествена појава.
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