Some aspects of development of private international law in the CIS countriesIslambek Rustambekov
, 2020, original scientific article
Abstract: Globalization, development of the states and society and their rapprochement makes the issues of regulation of relation with a foreign element more urgent, and in particular private international law becomes relevant. In this aspect, states are aimed in unification and harmonization of norms of private international law and mostly within regional associations. This article traces these issues within the Community of Independent States (CIS). The CIS countries are trying to analyze and use the international experience, in particular similar experiences of the EU. The EU experience is acutely important in view of the development of Eurasian Economic Union in which more States are trying to become a member. This article traces the development and rapprochement of the private international law in the EU and the CIS countries, and analyzes international agreements of the States which are aimed to unify private international law and regulate such relations around the States. The article reflects upon and provides some basic perspectives regarding further regional harmonization and unification of private international law in the CIS.
Keywords: conflict of laws, private international law, European Union, Community of Independent States, Commonwealth of Independent States, unification, harmonization
Published: 15.01.2021; Views: 117; Downloads: 0
The need for a unified patent courtEugénio Lucas
, 2020, original scientific article
Abstract: This article discusses the need of a Unified Patent Court, as a major contribution for the implementation of the European unitary patent. It begins by outlining the evolution of European patent rights and identifying the problems of the current system. Implementing a Unified Patent Court will be defended as a solution for one of the most important problems of the European patent: the lack of a central mechanism of jurisdictional control. The current model of jurisdictional control gives rise to a situation of great legal uncertainty and has diminished the value of European Union patent rights. We will analyse the virtues and disadvantages of the new European Unitary Patent resulting from the adoption of Regulations (EU) 1257/2012 and 1260/2012 and the Agreement on a Unified Patent Court.
Keywords: unified patent court, European unitary patent, European patent convention, patent itigation, European patent system
Published: 15.01.2021; Views: 141; Downloads: 0
Reviewing the narrative concerning the impact of population growth in AfricaCocou Marius Mensah
, 2019, original scientific article
Abstract: This article discusses the topic of population growth in Africa, a recurring theme in the era of climate change and the fight against CO2 emissions. The African continent is full of essential raw materials and encompasses the youngest population in the world. There is no doubt concerning the significant role it will play in global affairs, at a time when the world population is ageing, according to the UN statistics. In recent years, many policymakers have highlighted the necessity to deal with overpopulation, provoking moral controversial and basic human rights abuses. This article, however, proposes an opposite argumentation based on fresh data and emphasises the opportunities and challenges to take on, as the author considers "overpopulation" as more of a challenge than a sentence to underdevelopment. Though the paper mentions different issues linked to overpopulation, such as migration crisis, ecological sustainability and the UN Sustainable Development Goals, it concludes with a reminder of the importance of international cooperation as a solution to global issues.
Keywords: global issues, impact of population growth, migration trends, international cooperation, pollution, African Union, European Union, UN sustainable development goals, environmental footprint
Published: 15.01.2021; Views: 77; Downloads: 4
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The principle of mutual recognition in the area of freedom security and justiceMihael Pojbič
, 2019, master's thesis
Abstract: Mutual recognition in the EU is both a goal and a principle in of itself, constructed and operationalised through individual provisions. The principle of mutual recognition is regarded as fundamental in enabling cooperation between Member States both in civil and criminal matters. The principle of mutual recognition has long ago outgrown the Internal Market and seeped through into judicial matters between Member States in the AFSJ. The accompanying realisation that the EU is not just an economic area is therefore evident. Since the inception of the idea of a Europe free of classical border checks facilitating freedom of movement was manifested, the fear of circumventing the application of judicial decisions became evermore real. Therefore, monumental changes in the fields of international criminal and international private law were expected and implemented in the European union (EU), through the principle of mutual trust and mutual recognition. Subsequently, classical concepts of private international and international criminal law gave way to Europeanised concepts of exequatur, the public policy exception, the principle of reciprocity, the principle of double criminality and the principle of specialty to name a few. It should be noted that these rules had been reserved to be enacted by the Member States. However, by loosening those principles the guarantees and freedoms which they either explicitly or implicitly guard are in danger of being sidestepped in order to enable mutual recognition. Therefore, at the forefront of the debate of mutual recognition of judicial decisions is the question of protecting fundamental rights and legal principles enshrined both in European and domestic legislation of the Member States. The balancing act that the EU preforms has to be careful enough to facilitate mutual recognition while not jeopardizing mutual trust between Member States.
Today both EU private international law and EU criminal law work on the basis of the provisions which facilitate mutual recognition and limit it within the AFSJ. Since the basic idea behind mutual recognition is the same, i.e. free movement of judicial decisions, both their manifestations and their limits should strive to respect the basic framework of the field of law form which they stand. While the principle of mutual recognition has been slowly and methodically evolving, there is a sense of urgency with the development of the principle of mutual recognition in criminal matters.
Keywords: The principle of mutual recognition, European arrest warrant, Exequatur, Surrender, General principles of EU law, Recognition and enforcement of judgements, double criminality
Published: 17.12.2019; Views: 520; Downloads: 78
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Different approaches to cross border mobility of patients in the European Union in Czechia, Slovakia and PolandFilip Křepelka
, 2016, original scientific article
Abstract: Poland and Slovakia are neighbour countries with similar history and socioeconomic conditions. They share heritage of socialized healthcare. Nevertheless, they adopted different policies towards promotion of patients´ mobility in the European Union. Accession to coordination of social security establishing assistance for tourists was smooth. Providers offer quality care for good prices. Foreign patients come to all three countries. Right for reimbursement of treatment intentionally sought across borders was created by the Court of Justice already before their accession. Nevertheless, they already decided on the Patients´ directive. Czechia supported it, Slovakia abstained and Poland refused. Numerous Poles seek treatment abroad and ask for its reimbursement, while implementing legislation barely complies and authorities are tight-fisted. Few Slovaks do it in accordance with rules adopted with cautiousness. Czechs ignore this opportunity despite official benevolence. Quality of healthcare, various price-setting and peculiarities of public financing explain this difference.
Keywords: European Union, free movement of services and goods, medical tourism, public financing of healthcare, patients' rights
Published: 09.10.2018; Views: 438; Downloads: 45
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General principles in European small claims procedureBettina Nunner-Krautgasser
, Philipp Anzenberger
, 2012, original scientific article
Abstract: The European Small Claims Regulation has been offering an alternative proceeding for small claims litigation in cross-border cases for almost four years now. Along with several important procedural simplifications, however, came considerable restrictions regarding the principles of public and oral proceedings established in the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Critics claim especially that the court’s power to omit any oral hearing in a Small Claims Procedure cannot fulfill the requirements of the Convention and the Charter. This question is going to be further investigated in the course of this paper. Before doing so, however, a rough overview of the scope, of some general principals and of the conduct of the European Small Claims Procedure shall be provided.
Keywords: European Small Claims Procedure, procedural simplifications, written procedure, principle of public proceedings, principle of oral proceedings, compliance
Published: 01.08.2018; Views: 380; Downloads: 20
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