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OBECNOŚĆ ŚRODKÓW MASOWEGO PRZEKAZU NA ROZPRAWIE GŁÓWNEJ W ŚWIETLE ZMIAN DOKONANYCH USTAWĄ Z DNIA 10 CZERWCA 2016 ROKU

Author(s): Joanna Skawińska / Language(s): Polish Issue: 120/2019

Pursuant to the Act of 10 June 2016 amending the Penal Procedure Code, the Medical Profession Act and the Act on the Patient's Rights and the Patient Ombudsman, the conditions regarding granting permission to mass media representatives to participate in proceedings have been amended. According to the previous provisions of Article 357 of the Penal Procedure Code, the court could facultatively allow mass media representatives to record the general proceedings' course if the premises stipulated in paragraph one of that regulation were met cumulatively. Simultaneously, the court was entitled to determine the conditions which it made the issue of such a permit conditional on. Amending Article 357 of the Penal Procedure Code, the legislators revoked the limitations previously in force. This means that at present – following the regulations change – the court is obliged to allow mass media representatives to record images and sound during the proceedings, using any devices, provided this is public. Any organisational aspects related to the general proceedings shall be decided by the court. The court does it by way of a decision not entitled to any appeal. Recording the proceedings course helps to inform the general public about the proceedings as a component of its public nature. Mass media present solely a chosen part of the proceedings, its excerpt which does not necessarily reflect the proceedings essence.

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Malpraxis. Acțiune în despăgubiri întemeiată pe dispozițiile Codului civil, formulată ulterior sesizării Comisiei de monitorizare și competență profesională pentru cazurile de malpraxis. Admisibilitate. Dreptul persoanei prejudiciate de a uza atât de

Author(s): Viorel Terzea / Language(s): Romanian Issue: 01/2025

The section contains a selection of the most important decisions from the Romanian Courts. The decisions are selected and commented by authors. The emphasis of this section resides in the ability of each author to comment upon a relevant case-law and to comment upon the legal issue brought by the court. The decisions are summarized and grouped by law subjects. The decisions present the situation in question, the procedures, the arguments brought by the parties and the pronounced solutions. Each decision contains a short commentary relating to the legal issue analyzed by the court.

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Forța obligatorie limitată a regulatorului de competență. Schimbarea încadrării juridice în apel, contrar aceleia stabilite prin regulatorul de competență

Author(s): Adrian Stan / Language(s): Romanian Issue: 01/2025

The section contains a selection of the most important decisions from the Romanian Courts. The decisions are selected and commented by authors. The emphasis of this section resides in the ability of each author to comment upon a relevant case-law and to comment upon the legal issue brought by the court. The decisions are summarized and grouped by law subjects. The decisions present the situation in question, the procedures, the arguments brought by the parties and the pronounced solutions. Each decision contains a short commentary relating to the legal issue analyzed by the court.

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Stabilization and Association Agreement in the Jurisprudence of the Albanian Constitutional Court

Author(s): Pranvera BEQIRAJ,Dorina Gjipali / Language(s): English Issue: 3/2024

This study will analyze the implementation of the EU-Albania Stabilization and Association Agreement (SAA) in the context of Albanian constitutional jurisprudence, with a particular focus on its status as a special source of law. The SAA holds a dual identity as both an international agreement ratified by the Parliament of the Republic of Albania and an instrument of EU law. This study aims to evaluate this dual status concerning the practical application of the SAA within the constitutional jurisprudence of the Constitutional Court of Albania. To achieve the objective of the study, two distinct research methods were employed. The desk-based research and the case study method. Desk-based research allowed for an indepth exploration of existing literature, legal documents, and academic articles on the topic. The case study method facilitated the analysis of specific instances and rulings within Albanian constitutional jurisprudence that involve the implementation or interpretation of the SAA. In conclusion, a more precise understanding will be gained of how the SAA will be applied in the resolution of concrete disagreements under the Albanian constitutional jurisprudence.

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Constitutional Court Decisions as a Network of Precedents? A Network Theory-Based Analysis of the Jurisprudence of the Constitutional Court of Hungary

Author(s): Ádám Auer,Gábor Németh,Endre Orbán,Peter Pollner / Language(s): English Issue: 4/2024

Citation networks reveal the flow of knowledge among documents and the interaction between topics. Under undisturbed conditions eg., in case of scientific publications, the information flux results from free association and from searching for contextual references. In such systems, the branching of topics over time leads to a wide horizon of knowledge. As the widening progresses, it becomes harder and harder to ensure the consistency and to avoid contradictions. Here, we present a case study and a model for a citation network, between the legal decisions of the Constitutional Court of Hungary, where an external effect introduces a bottleneck in the network topology of information passing. We show that the effect of the bottleneck is only temporary, and after a transition, the knowledge flow revives. On the other hand, we show that referring to earlier knowledge becomes indirect after the bottleneck.

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Jurisdiction or Admissibility? The Nature of the Monetary Gold Principle as Applied by the International Court of Justice

Author(s): Sabin G. SOLOMON / Language(s): English Issue: 30/2024

This article seeks to address a fundamental theoretical question about the nature of the Monetary Gold principle as applied in the case law of the International Court of Justice. The primary inquiry revolves around whether the Monetary Gold principle pertains to the admissibility of claims before the Court, the jurisdiction of the Court to adjudicate a case, or whether it should be approached from an entirely different perspective.

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Constatarea situațiilor de plagiat în cazul tezelor de doctorat după Decizia Curții Constituționale nr. 364/2022. Propuneri pentru viitoarea Lege a Învățământului Superior

Author(s): Teodor Radu Iancu / Language(s): Romanian Issue: 1/2023

Considering the Decision of Constitutional Court No 364 from 2022, the activity of the National Council for the Attestation of University Degrees, Diplomas and Certificates (NCAUDDC) has been effectively blocked regarding the analysis of plagiarism suspicions in PhD theses that have been published more than a year ago. The article is meant, on one side, to analyze the legal framework that can allow NCAUDDC to continue its activity and, on the other side, to formulate proposals for the future Law of Higher Education that can be both constitutional and efficient.

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Instituirea măsurii asigurătorii a sechestrului în cazul infracțiunilor reglementate de Legea nr. 241/2005 pentru prevenirea și combaterea evaziunii fiscale. Opinie privind problema de drept ce a condus la pronunțarea Deciziei HP nr. 44/2022

Author(s): Simona Gherghina,Andra-Roxana Trandafir,Marilena Ene / Language(s): Romanian Issue: 1/2023

Having as a starting point a question addressed to the High Court of Cassation and Justice within the procedure provided by art. 475 et seq. of the Romanian Criminal Procedure Code, the paper analyses the way in which art. 249 par. 5 of the Romanian Criminal Procedure Code is applied in the field of freezing orders in case of tax dodging criminal offences, provided by Law no. 241/2005, more precisely it aims to see whether the „loss” refered to in art. 249 par. 5 of the Criminal Procedure Code includes only the effective loss (calculation base) or also the accessory duties (interests and penalties). Briefly, the paper mentiones that the freezing orders within the criminal trial can guarantee everything that can be granted when solving the civil action joint to the criminal action; there is a perfect overlap between the „loss” provided by art. 249 par. 5 of the Criminal Procedure Code and the „loss” used by art. 19 of the Criminal Procedure Code, but there is only a partial overlap with the „loss” provided by Law no. 241/2005.

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Principiul previzibilității legii în contextul deciziilor Curții Constituționale nr. 297/2018 și nr. 358/2023

Author(s): Constantin Pintilie / Language(s): Romanian Issue: 1/2023

The article analyses the decisions of the Constitutional Court no. 297/2018 and no. 358/2022 and highlights two dimensions of the principle of foreseeability that were applied by the Constitutional Court, each with different consequences on the normative system. Proposing a global analysis from the angle of the legal system, the article shows that there are certain deficiencies in the method used by the Constitutional Court in Decision no. 358/2022 and which calls into question the usefulness of finding the unconstitutionality of a "legislative solution". Finally, the article highlights that the rigidity of the solution in Decision no. 358/2022 has as a possible cause the reluctance that the Constitutional Court shows towards the collaboration with the regular courts to reduce the tensions between a norm and the constitutional provisions within a normative system.

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La reconnaissance jurisprudentielle des modalités émergentes d’exercice de la liberté d’expression

Author(s): Iulia Golgojan-Pătrulescu / Language(s): French Issue: 1/2023

Freedom of expression, although not absolute, represents, in the vision of the European Court of Human Rights, one of the pillars of democracy. Concerning the area of application of art. 10 of the European Convention on Human Rights, judges from Strasbourg considered that any form or manner of expressing thoughts or ideas outside the personal sphere is a matter of conventional freedom of expression. In this perspective, the EHR Court has established through its recent years’ jurisprudence that the modern means of expression, such as the Internet pages, Facebook, Youtube, as well as the language proper to the digital era, fall within the scope of the art. 10 of the European Convention on Human Rights.

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THE CHALLENGES OF LEGAL IMPLEMENTATION OF THE RIGHT TO LIFE IN INTERNATIONAL CASE LAW AND IN CONTEXT OF LITHUANIAN LAW

Author(s): Sigita Šimbelytė / Language(s): English Issue: 1/2024

Over time, case law is formed in the courts, which is followed to solve cases of a similar nature. Analyzing examples of case law in which liability for the taking of human life is investigated in context of Lithuanian law, the ECtHR was chosen for the discussion of decisions, since the ECtHR is one of the institutions that decides how correctly the provisions of Article 2 of the European Convention on Human Rights on the human right to life have been implemented. The relevance of the topic is determined by the fact that inappropriate actions of humanity require a new review of responsibility and legal regulation of liability for taking human life.

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The Experiment in Criminal Proceedings: Reasons and Requirements for Conducting It

Author(s): Vitalie Jitariuc,Oxana Ciudin / Language(s): English Issue: 19/2024

In scientific terms, the experiment is one of the research methods. As a cognitive method, it is the study of an observation and its relationship to other phenomena or events under conditions of artificial environmental change. Through the experiment, the phenomenon of research interest is distinguished and highlighted by a variety of other facts, events and phenomena. By experiment, we can identify exactly the causal link that interests us, which is the object of scientific research. A specific form of the implementation of the experimental method in criminal proceedings is the forensic experiment. Since the forensic experiment is primarily of a scientific nature, then consequently multiple general scientific categories should apply to it. In that context, the forensic experiment, like any other scientific experiment, has a cognitive character. Within this framework and with its help, the prosecution establishes the true essence of the facts and events that have taken place, which requires certain grounds and conditions specified by the law or which can be inferred from it by interpreting the rules of law.

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Przegląd orzecznictwa sądowego z zakresu prawa ubezpieczeń gospodarczych

Author(s): Jacek Reps / Language(s): Polish Issue: 119/2024

Review of court decisions in the field of business insurance law

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THE LAW AND PRACTICE OF COMMERCIAL AND TREATY-BASED ARBITRATION IN POLAND: RECENT DEVELOPMENTS AND CURRENT TRENDS

Author(s): Filip Balcerzak / Language(s): English Issue: 4/2024

This paper analyses the recent developments and current trends in the landscape of Polish arbitration. It commences with a brief overview of the legal framework governing arbitration in Poland, followed by a review of the practice of the Polish state courts in post-arbitral cases. It then describes the most relevant Polish arbitral institutions. Next, it proceeds to examine the position of treaty-based arbitration in the Polish context. Each of these sections discusses the challenges and perspectives faced by arbitration in Poland.

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THE UNTAPPED POTENTIAL OF ARBITRATION IN HUNGARY

Author(s): Dániel Dózsa,Lili Hanna Fehér,Balázs Muraközy / Language(s): English Issue: 4/2024

Arbitration in Hungary, despite its modern legal framework and strategic location in Central and Eastern Europe (CEE), remains underutilised compared to neighbouring countries such as Austria. This paper explores the reasons behind this trend, examining Hungary’s arbitration landscape, strengths, and challenges. Key factors include legislative interferences, deviations from the UNCITRAL Model Law, and cost concerns. The authors argue that Hungary has a significant untapped potential in arbitration, which could be realised by addressing these challenges and leveraging its rich arbitration culture and favourable legal framework to attract more domestic and international arbitration cases.

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SELECTED CHALLENGES AND PARTICULARITIES OF ARBITRATION IN CZECHIA

Author(s): Petr Bříza,René Cienciala / Language(s): English Issue: 4/2024

Arbitration in Czechia has historical roots tracing back to the First Czechoslovak Republic. However, the article explores mainly the recent evolution of Czech arbitration law, addressing topics such as interim measures and significant developments in the conduct of arbitral proceedings, including the unusual role of the country’s Code of Civil Procedure or arbitrators’ duty to instruct the parties, separability of arbitration agreement, competence-competence matters, disclosures and disqualification of arbitrators, or the enforcement of arbitral awards. The authors argue that despite Czechia not being formally a fully UNCITRAL Model Law compliant jurisdiction, the country nowadays offers a globally competitive environment for arbitration, driven by recent pro-arbitration case law and experienced professionals, making it a viable seat of arbitration on the international stage.

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ARBITRATING DISPUTES IN THE REPUBLIC OF NORTH MACEDONIA

Author(s): Toni Deskoski,Vangel Dokovski / Language(s): English Issue: 4/2024

This paper deals with the arbitration framework in North Macedonia, presenting the dualistic approach to domestic and international arbitration as provided by the national Law on International Commercial Arbitration (hereafter: LICA) and the national Code of Civil Procedure (hereafter: CPA). The LICA is based on the 1985 UNCITRAL Model Law on International Commercial Arbitration, which provides a legal framework for resolving disputes with an international element, allowing the parties the freedom to choose between ad hoc or institutional arbitration. Contrary to that, domestic disputes are exclusively reserved for institutional arbitration. Furthermore, this paper addresses subjective and objective arbitrability, and analyzes the arbitrability of corporate, employment and defamation disputes. The procedural aspects of arbitration, particularly the role of institutional arbitration in North Macedonia and the governing rules for arbitration procedures, are also exploited.The issue of recognition and enforcement of foreign arbitral awards in North Macedonia is also analyzed in this paper. Recent judicial practices have demonstrated deviation from the Private International Law Act (hereafter: PIL Act), notably turning ex parte proceedings into contradictory ones, which undermines the PIL Act. A case involving the refusal to recognize a Partial ICC Award from Poland and later setting aside the award illustrates these issues, as the court failed to properly apply the LICA and the PIL Act. This deviation is also analyzed in the paper.

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CLARIFYING ARBITRATION AGREEMENTS’ VALIDITY, BUT CONFUSING ENFORCEMENT: BULGARIA’S ARBITRAL TANGO

Author(s): Tsvetelina Dimitrova / Language(s): English Issue: 4/2024

This paper deals with recent developments in Bulgarian arbitration world, focusing on the Supreme Court of Cassation’s Interpretative Ruling No, 1 of 21 February 2024, which has finally clarified two key issues: that the assignee is bound by the arbitration agreement concluded between the assignor and the debtor, and that no explicit power of attorney is required under Bulgarian law for concluding arbitration agreements. Despite this advancement, the paper highlights the ongoing uncertainty surrounding the recognition and enforcement of foreign arbitral awards, specifically regarding the formal requirements for the documents to be supplied to the Bulgarian courts. The core issue the Bulgarian courts are debating is whether the requirement in the domestic legislation for providing the court with arbitral award with notarisation of the signatures and the capacity of the arbitrators, along with a certificate that the award has entered into force, are applicable in the process of recognition and enforcement of foreign arbitral awards.

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INTERNATIONAL ARBITRATION IN GREECE

Author(s): Eirini Roussou / Language(s): English Issue: 4/2024

Arbitration in Greece has both a long history, and an exciting present. This paper explores the landscape of arbitration in Greece and its key features. Recent key points include the reform of arbitration legislation, modernising the legal framework to make Greece a popular and trusted arbitration centre. Similarly, as an EU Member State, Greece has been involved in the ongoing post-Achmea investment arbitration turbulence in the EU, and it remains to be seen what the future will bring.

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ARBITRATION IN THE SLOVAK REPUBLIC: MODERN TRENDS AND LEGAL CHALLENGES

Author(s): Michal Hrušovský,Pavel Lacko / Language(s): English Issue: 4/2024

Arbitration in the Slovak Republic has grown steadily as the preferred commercial dispute resolution method, driven by a robust legal framework under the Arbitration Act aligned with the UNCITRAL Model Law. Despite its increasing popularity, the adoption of arbitration remains relatively slow, hindered by the issues such as judicial interference, limited public awareness, and perceived complexities. Efforts to popularize arbitration include enhancing arbitrator expertise, educating judges, and fostering institutional support. The integration of technology, such as online dispute resolution platforms and virtual hearings, has modernized the arbitration process, improving its efficiency and accessibility. However, the challenges persist. Addressing these challenges requires continued public awareness campaigns, legislative reforms, and stricter oversight to ensure transparency and fairness. By embracing these measures, Slovakia could strengthen its arbitration framework, making it a more attractive venue for domestic and international commercial disputes and fostering a more favorable environment for effective alternative dispute resolution. In this paper, the authors will attempt to summarize the modern trends and legal challenges of arbitration in Slovakia.

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