Review of European and Comparative Law
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The Review of European and Comparative Law (od 1988 do 2018 r. jako The Review of Comparative Law; ISSN 0860-8156) ukazuje się jako czasopismo publikujące w języku angielskim artykuły autorów polskich i zagranicznych.
Review służy jako forum wymiany poglądów w szerszym, międzynarodowym kontekście. Dzięki niemu istnieje również możliwość prezentowania polskiego jurydycznego dorobku naukowego za granicą. Zgodnie z nazwą periodyku, zamysłem redaktorów jest chęć prezentowania instytucji prawnych w perspektywie europejskiej i komparatystycznej.
(English) Review of European and Comparative Law (from 1988 to 2018 as The Review of Comparative Law; ISSN 0860-8156) is a journal publishing articles by Polish and foreign authors, in English. The main purposes of Review of European and Comparative Law:
- to create a forum for exchanging views in a broader international context;
- to present Polish juridical scientific achievements abroad;
- to present legal institutions in a European and comparative perspective.
EDITORIAL TEAM:
Editor in chief:
Andrzej HERBET (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
Members of the editorial board:
Marcin BURZEC (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
Małgorzata GANCZAR (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
Luigi Mariano GUZZO (Università "Magna Graecia" di Catanzaro, Italy)
Milena KLOCZKOWSKA (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
Katarzyna MIASKOWSKA-DASZKIEWICZ (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
Soraya RODRIGUEZ LOSADA (University of Vigo, Spain)
Robert TABASZEWSKI (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
Jacek TRZEWIK (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
SCIENTIFIC COUNCIL:
Prof. Gabriel Bocksang Hola (Pontificia Universidad Católica de Chile, Republic of Chile)
Prof. Paolo Carozza (Notre Dame Law School, USA)
Ks. Prof. dr hab. Antoni Dębiński (The John Paul II Catholic University of Lublin, Poland)
Prof. Xiangshun Ding (Renmin Law School, University of China, China)
Prof. Dr. Tamás M. Horváth (University of Debrecen, Hungary)
Prof. Miomira Kostić (University of Niš, Republic of Serbia)
Prof. Alfonso Martínez-Echevarría y García de Dueñas (University CEU San Pablo, Spain)
Prof. Carmen Parra Rodriguez (University Abat Oliba CEU, Spain)
Prof. Christoph U. Schmid (University of Bremen, Germany)
Prof. Gianluca Selicato (University of Bari Aldo Moro, Italy)
Prof. dr. Stanka Setnikar-Cankar (Dean of the Faculty of Administration, University of Ljubljana, Slovenia)
Prof. Dr. Dr. h.c. mult. Reinhard Zimmermann (Max-Planck-Institut für ausländisches und internationales Privatrecht Hamburg, Germany)
e-ISSN: 2545-384X
DOI: 10.31743/recl
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Contact:
Review of European and Comparative Law
The John Paul II Catholic University of Lublin
Al. Racławickie 14, 20-950 Lublin, Poland
Konwikt, pok. 114
Główna osoba do kontaktu:
Agata Tkaczyk - review@kul.pl
tel. 81 454 53 40
Review of European and Comparative Law
The John Paul II Catholic University of Lublin
Al. Racławickie 14, 20-950 Lublin, Poland
Konwikt, pok. 114
Główna osoba do kontaktu:
Agata Tkaczyk - review@kul.pl
tel. 81 454 53 40
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- ItemA Bottom-up Look at Mutual Trust and the Legal Practice of the Aranyosi Test(Wydawnictwo KUL, 2023) Peristeridou, ChristinaThis contribution offers an insight into the legal practice of the Aranyosi test during the EAW proceedings in seven Member States, an outcome of the research conducted during the ImprovEAW Project. Only the executing judicial authorities of some Member States do trigger the test. Member States are roughly differentiated between those having facilities with usually bad or usually good detention conditions, promoting antagonistic relationships instead of equal partnership. The lack of streamlining of the communication when supplementary information is requested, the lack of common standards and approach towards guarantees lead to further misunderstandings and frustration. The findings of this research have revealed the importance of departing from a pure legal understanding of mutual trust and follow a more empirical, experiential or bottom-up concept. Mutual trust is not only a legal concept, but it underpins the legal culture of the cooperation and collegial attitudes of authorities towards one another. This expression of mutual trust remains quite undiscovered: how is miscommunication affecting mutual trust? Do judicial authorities of legal systems express collegiality to one another? How do cultural aspects and preconceived ideas regarding the quality of other legal systems influence mutual trust? Accordingly, some suggestions have been made to improve the cooperation and the establishment of rapport when supplementary information is requested. Finally, I advocate for a more neutral view towards the Aranyosi test. As opposed to considering it as a supervisory mechanism, I have explored the idea of approaching it as a risk management tool: it tackles risks created by mutual trust. Such approach helps both sides to take responsibility to avert ad hoc risks, instead of experiencing Aranyosi as a testing moment. Such approach centres the real problem, i.e. the risks created by mutual trust for individuals and it can stimulate more proactive policy-making in this regard.
- ItemA Comparative Analysis of Data Protection in E-commerce B2C Contracts in Georgia and the European Union(Wydawnictwo KUL, 2024) Gugava, Nato; Kobaladze, Lika; Kenia, Tamta; Kobakhidze, OlikoDevelopment of technologies is a great human achievement. Online portals, mobile applications and digital platforms allow citizens to receive servicies remotely, which, on the one hand, reduces necessity of on-site visits and bureauctratic procedures, however, on the other hand, increases the risk of personal data disclosure processed in such manner. Digital tools play significant role in the process of E-commerce, especially in improving efficiency and accessibility of communication between the consumer and the trader. A lot of people communicate with the extensive use of the internet and technologies, including e-procurement, which, in these relationships require the correct processing of personal data, whereas improper protection of great deal of information increases risks of using data for criminal purposes and threatens personal privacy of consumers. Hence, it is important that organizations providing the internet services, especially those involved in e-commerce business, be well aware of obligations they are imposed by law. It is worth noting, that Law of Georgia “On Personal Data Protection” was adopted by Georgia in 2011, and its renewed version is quite similar to General Data Protection Regulation of Europe (DGPR) – which was adopted on June 14, 2023 and will enter into force on March 1, 2024. Within changes, the existed standard for personal data processing/protection will be substantially improved. As for protecting personal data processed on the basis of the B2C contracts concluded in the process of E-commerce, the interest regarding these topics increased after spread of coronavirus (Covid-19), when country faced new challenges. This issue is relevant even in the present time, since staying current with technological and legal development, renewed legal regulation and Association Agreement between the European Union and Georgia, imposes additional obligations on the country in the process of perfecting the mentioned field. Accordingly, this article will discuss compliance of regulatory framework of processing/protection of Georgian consumers’ personal data in the online contracts with international standards and existing challenges, to assume obligations of the country under the Association Agreement between Georgia and the European Union to implement E-commerce in practice, best practices of European countries in this regard and the perspective, which Georgia should implement in E-commerce process, in order to insure effective protection of consumers’ data security. It is worth noting, that Law of Georgia “On Personal Data Protection” was adopted in 2011 by Georgia, and its renewed version is quite similar to General Data Protection Regulation of Europe (DGPR) – which was adopted on June 14th, 2023 and will enter into force on March 1, 2024. Within changes, the existed standard for personal data processing/protection will be substantially improved. As for protecting personal data processed on the basis of the B2C contracts concluded in the process of E-commerce, the interest regarding these topics increased after spread of Corona Virus (“Covid-19”), when country faced new challenges. This issue is relevant even in the present time, since staying current with technological and legal development, renewed legal regulation and Association Agreement between the European Union and Georgia, imposes additional obligations on the country in the process of perfecting the mentioned field. Accordingly, this article will discuss compliance of regulatory framework of processing/protection of Georgian consumers’ personal data in the online contracts with international standards and existing challenges, to assume obligations of the country under the Association Agreement between Georgia and the European Union to implement E-commerce in practice, best practices of European countries in this regard and the perspective, which Georgia should implement in E-commerce process, in order to insure effective protection of consumers’ data security.
- ItemA Critical Analysis of Selected Aspects of Real Estate Taxation in the Context of Recent Legislative Amendments in the Czech Republic(Wydawnictwo KUL, 2024) Zelenská, TaťánaThe real estate tax is the sole property tax in the Czech Republic and has been part of its tax system since its establishment, i.e. since January 1, 1993. The Czech Republic has long been recommended by the Organisation for Economic Co-operation and Development (OECD) to increase the collection of this tax because its yield as a share of gross domestic product (GDP) is one of the lowest among all OECD and EU countries. The lower yield is in part attributable to the manner in which the tax base is determined. The Czech Republic, with the exception of a few minor instances, continues to employ the assessment-based rather than the value-based method of determining the tax base. Furthermore, the Czech Republic is encouraged to use the correction elements at the disposal of municipalities to influence the amount of property tax. This article examines the revenue aspect of real estate tax in the Czech Republic, including the determination of the tax base and the use of correction mechanisms. In light of these considerations, it is evident that the development of the Czech real estate tax system has been influenced by a number of factors, including the introduction of one of the most significant amendments to the Real Estate Tax Act in the country’s history. This amendment, known as the consolidation package, was implemented on January 1, 2024 and has had a profound impact on the current legislation.
- ItemA Double-Edged-Sword Approach to Fighting Pandemics: Patent Waivers and Incentives to Innovate(Wydawnictwo KUL, 2023) Kostka, Katarzyna; Kovač, MitjaAlthough continents recently experienced an apocalyptic pandemic that posed a mortal danger to millions of people, a new, even deadlier pandemic could soon emerge… The paper seeks to address the role played by patent waivers and current contractual arrangements in the pharmaceutical industry in addressing the dangers caused by the current and future pandemics. The process of waiving patents is explored where it is argued that it sadly cannot amount to the knight in shining armour that everyone has been expecting. Due to the lack of coordination, the tremendously long process, and the potential block in innovation arising from pharmaceutical companies having smaller incentives, more attention must be paid to other alternative institutional solutions. Drawing from the economics literature on innovation in the pharmaceutical sector, a conceptual framework is proposed for improved legal intervention in the case of patent waivers in international intellectual property law instruments. In addition, the paper provides a comparative law and economics treatment of current patent waivers in US, EU, and international law instruments.
- ItemA Global Analysis of Menstruation-Friendly Working Practices Through an Evaluation of International Examples(Wydawnictwo KUL, 2025) Solymosi-Szekeres, BernadettGender equality is a key issue and an important element of basic human rights, especially when it comes to the workplace. Labor laws often fail to address the specific challenges women face, like menstruation and menopause. This study focuses on how menstruation is treated in labor law, with a spotlight on international practices around menstrual leave. It looks at the purpose behind these national legislation-policies, how legal frameworks differ, and how the literature evaluates the function of these institutions. The aim of the paper is to provide useful insights for future lawmakers, social partners, drawing lessons from Spain – the only EU country with such a policy – Japan, Indonesia, Taiwan and other national examples, showing how menstrual leave can support women’s wellbeing at work. The research focuses only on the legal aspects of these menstrual leave policies, which is a very rare aspect in the literature.
- ItemA New Legal Framework for Online Platforms in the European Union (and Beyond)(Wydawnictwo KUL, 2024) López Richart, JuliánIn the early 2000s, the EU adopted the Electronic Commerce Directive to regulate information society service providers. An important part of this piece of legislation was the safe harbor provisions, which exempted intermediary service providers from liability for illegal content transmitted or hosted by their users, provided that they complied with specific conditions. After more than twenty years, the emergence of significant online platforms and the increased use of those services has resulted in new risks and challenges for individuals, companies, and society as a whole, which led the European Union to adopt a new regulatory framework for intermediary services. The Digital Services Act retains the liability exemption regime of the Electronic Commerce Directive but introduces new transparency and due diligence obligations for intermediary services, especially for online platforms. The new regulatory framework is expected to substantially impact globally, as it applies to all intermediary service providers offering services within the EU, regardless of their location. This study explores the main features of the DSA and their potential effects on the future development of the Internet. The Digital Services Act retains the liability exemption regime of the Electronic Commerce Directive but introduces new transparency and due diligence obligations for intermediary services, especially for online platforms. The new regulatory framework is expected to have a substantial impact globally, as it applies to all intermediary service providers offering services within the EU, regardless of their location. This study explores the main features of the DSA and their potential effects on the future development of the Internet.
- ItemAchmea, Kramer and Disconnection Clauses. EU Legal Regionalism in Action(Wydawnictwo KUL, 2024) Láncos, Petra LeaOver the past decades, the European Union has been gradually developing and maintaining legal regionalism within its jurisdiction. Its purpose is to preserve the achievements of integration, as well as the unity and autonomy of EU law. In this paper, I recount the toolbox of EU legal regionalism from primary law, through the case law of the Court of Justice of the European Union, to the institution of the so-called disconnection clauses employed by the EU in certain international treaties, expanding also on their possible effects on international law and the Member States’ relations with third parties.
- ItemActual challenges for the implementation of judgments of the European Court of Human Rights(KUL Publishing House, 2022) Jaskiernia, JerzyThe author analyzes the problem of the implementation of judgments of the European Court of Human Rights (ECtHR). In light of the European Convention on Human Rights (ECHR), a special role in its control mechanism is played by the Committee of Ministers of the Council of Europe. Despite the measures taken, there have been delays in the execution of judgments or the lack of their implementation for years. The author analyzed this problem in light of the latest reports of the Committee of Ministers and the recommendations of the Parliamentary Assembly. He pointed to the need for greater activity in this process of other bodies of the Council of Europe, including: the Commissioner for Human Rights, the Venice Commission, the CPT, the ECRI as well as institutions of the civil society. In the last decade, the interest of the Parliamentary Assembly of the Council of Europe in this matter has clearly increased. The author postulates that parliamentarians sitting in this body should be more active in this regard in their countries. They have instruments of control on the executive power, which could be used to increase the effectiveness of the execution of the ECtHR’s judgments.
- ItemAdministration of the Estate under Regulation (EU) No. 650/2012(Wydawnictwo KUL, 2021) Górecki, JacekIn the period between the deceased person’s death and division of assets in the deceased person’s estate among the heirs, an essential matter is administration of the estate. Persons exercising such administration should have adequate competences allowing them to perform factual and legal acts in relation to assets in the succession estate. The range of such persons and the scope of their competences differ in specific Member States of the EU. The law applicable to the administration of the estate, as well as other matters relating to succession, is currently designated by the Regulation (EU) No. 650/2012. This article is devoted to an analysis of the provisions of that Regulation on the administration of the estate. In addition, the article discusses the issue of qualifying the institution of succession administration as applicable in Poland with regard to an enterprise belonging to the succession estate. As a result of the investigations made, it can be concluded that administration of the estate is governed by the law applicable to the entirety of succession matters (lex successionis). This is the case also in respect of the succession administration recently introduced in Poland. Grounds for a different treatment of the succession administration cannot be found in Art. 30 of Regulation (EU) No. 650/2012.
- ItemAdmissibility of Evidence Obtained as a Result of Issuing an European Investigation Order in a Polish Criminal Trial(Wydawnictwo KUL, 2021) Kuczyńska, HannaThis article analyses the admissibility of evidence gathered by the Polish procedural authorities as a result of issuing an European Investigation Order, on the basis of provisions implemented due to the adoption on the 3rd of April 2014 of the Directive of the European Parliament and of the Council regarding the European Investigation Order in criminal matters. This Directive created a mechanism that allows for transfer of evidence between EU Member States. In this text, the question will be answered how to deal with results of investigative measures that have been legally obtained in the executing state but, despite acting in accordance with the legality principle by both states, happen to be illegal in the issuing Member State. Another discussed problem is how the rules of admissibility of evidence obtained from the result of issuing an EIO work in Poland – or at least how they should operate. The second discussed issue thus will refer to the current provisions in force in Poland regulating the method of dealing with evidence obtained abroad – that is also with evidence transferred from other Member States. It will be shown that they are unclear and may lead to undesirable results. In addition, suggested changes in Polish law will be proposed.
- ItemADR in Sport on the Example of Association Football in Poland and Ukraine(Wydawnictwo KUL, 2023) Sławicki, Piotr; Kryzhanivskyi, ViktorThe subject of this article is the use of ADR in sports disputes in association football under the Polish and Ukrainian law. Professional and amateur sport generates various types of disputes related to both disciplinary and civil cases, an example of which may be disputes arising during the execution of contracts binding players and football clubs. In the first part, the scope of disputes that are subject to ADR in association football is outlined. The next part presents legal solutions adopted under the Polish law in this respect, of which the activity of the Football Arbitration Court of the Polish Football Association is a particular example. The last chapter is devoted to the Ukrainian perspective on the resolution of disputes in association football.
- ItemThe Alignment of Taxation and Sustainability : might the Digital Controls of Non-Financial Information Become a Universal Panacea?(KUL Publishing House, 2022) Grau Ruiz, Maria AmparoThere are certain trends that are already affecting –or will soon inevitably affect, the evolution of the tax law everywhere.These are the digitalization processes started by many tax administrations and the current challenges experienced by accounting and auditing institutions to provide reliable non-financial information. Both may offer new opportunities for fairer taxation in the search for sustainable development. In the middle of digital and green transformations, would it be possible to better adjust the tax treatment deserved by the taxpayers in accordance with their real impacts on sustainability? Regional and global organizations are devoting efforts to ensuring some degree of homogeneity in the measures to adopt. The purpose of the following pages is to open the discussions for in-depth research in the future. The dogmatic-legal and analytical methods have been used to supplement the comparative one in carrying out the review of the current state of the art and proposed changes.
- ItemApplying Soft-Law Mechanisms and Responsive Regulation Theory to Labor Law: A Case Study of Poland(Wydawnictwo KUL, 2024) Sołtys, KarolFocusing on selected international experiences, this article explores the role of soft regulation in the context of responsive enforcement of labor law. The analysis aims to answer the main research question of whether there is a method for the effective application of soft regulation in the responsive procedure of enforcing labor law in Polish legislation based on the experiences of Anglo-Saxon countries. Formal-dogmatic and comparative methods were used to address this question. The analysis includes experiences from the Canadian province of Ontario and Australian and British legislators. This article describes the mechanism of using soft regulation in the responsive procedure of enforcing labor law, which enabled the description of potential legal and governmental system consequences of its hypothetical application in Poland. The significant reliance of the responsive regulation model on soft regulation may, among other things, limit the ability of employers to challenge unresponsive treatment by public authorities. It also conflicts with certain constitutional principles, including the exclusivity of statutes and the principle of a democratic legal state. This, in turn, could prevent the implementation of responsive regulation in European legal systems. Finally, this article considers ways to minimise the risk of violating the Polish Constitution while maintaining the flexibility and potential effectiveness of responsive regulation.
- ItemApproaches of the ECtHR and the US Supreme Court to the Conflict Between “The Best Interests of the Child and Parents’ Rights” on Home Education (Homeschooling)(Wydawnictwo KUL, 2024) Murphy, Peri UranHome education (homeschooling), a practice that has been increasingly popular especially since the Covid-19 pandemic, has recently begun to be discussed again in the academic circles (environment). The main questions revolve around whether homeschooling is an alternative to mainstream school education; whether home education serves the child’s interests better than conventional school education; whether parents’ right to determine the education of their children can be interfered with by the state and what role the state plays in balancing parents’ rights and the children’s best interests regarding home education. This paper outlines the concept of home education and its criticism in general, and then evaluates the question of balancing parents’ rights and the best interests of the child in homeschooling, by taking into account the international instruments that protect the rights of parents and children. In this context, the Convention on the Rights of the Child, as an international human rights treaty that fully recognizes and ensures the rights of children will be looked at in terms of the best interest of the child. The European Court of Human Rights and the US Supreme Court have different approaches to home education practice. In the rest of this paper, home education case law will be analyzed from a comparative perspective. This will be done with reference to the landmark decisions of the European Court of Human Rights and the US Supreme Court in order to understand these two judicial authorities’ approaches to the conflict between the best interests of the child and parents’ rights on homeschooling. In conclusion, evaluations will be provided in line with the jurisprudence of both Courts on cases regarding home education.
- ItemArtificial intelligence systems and the right to good administration(KUL Publishing House, 2022) Wróbel, IzabelaThe use of AI in public administration is becoming a reality, although it is still a long way from large-scale undertakings. The right to good administration, well-established in EU legal order, is equally real, however, it must be borne in mind that this right has so far been defined only in relation to traditional administration. Therefore, the purpose of the paper is to examine whether the use of AI in public administration would allow individuals to fully exercise their right to good administration. To achieve this purpose, it is reconstructed, on the basis of EU law provisions in force and the case-law of the CJEU, the meaning and scope of the right to good administration, and analysed, taking into account a definition of AI systems and planned legislative changes, whether and to what extent the reconstructed understanding of this right enables the use of AI systems in public administration. In the course of research, the hypothesis that the right to good administration does not preclude the use of AI systems in public administration is verified. As the conducted analysis shows, the right to good administration as interpreted in traditional administration enables the use of AI systems in public administration, provided that the appropriate quality of these systems and the level of knowledge and skills of the parties and authorities are ensured.
- ItemBeneficial Ownership – Demand for Transparency, Threat to Privacy(Wydawnictwo KUL, 2023) Cindori, SonjaThe basic idea behind establishing the register of beneficial owners is to increase the transparency and accessibility of data on beneficial ownership of companies and other legal entities with the aim of ensuring the public availability of data on domestic and foreign natural and legal persons. However, the possibility of the data being accessible to the general public instead of to persons or organizations that can demonstrate a legitimate interest raised the issue of violating the principles of respect for private or family life and the protection of personal data. Consequently, this raises the question of drawing the line between contributing to the common good and fighting against money laundering and terrorist financing, on the one hand, and protecting personal data, with the possibility of their misuse, on the other. A balance as well as a response to the possibility of setting soft limits of legitimate interest that would result in the achievement of all set goals was sought in the practice of the European Court of Justice. One of the legislative solutions regarding the extent of access to data on beneficial owners for the entire public, along with the establishment of different types of registers in order to prevent money laundering and terrorist financing, is described using the example of Croatia.
- ItemBetween Enabling Law and Protecting Law – Some Remarks on the Method of Regulating the Law of Groups of Companies in Polish Commercial Companies Code(Wydawnictwo KUL, 2023) Herbet, AndrzejAlthough the groups of companies have been an indispensable part of the modern economy for several decades, they still continue to attract unwavering attention of both practice and doctrine of corporate law. The numerous legal challenges posed by the functioning of multi-level structures, based on diverse types of dominance and dependance relations adopt different regulatory strategies manifest a universal appeal. Yet, the national legislators adopt different regulatory strategies, aimed at securing the interests of various stakeholders, including minority shareholders, dependent companies and their creditors. As a result, the contemporary discourse entails two concepts – one emphasizing the risks and responsibilities associated with it (protecting law) and the other one, supporting the creation of groups, as well as instruments for their effective management (enabling law). The aim of the article is to verify the extent to which these concepts are addressed by the most recent Polish group law regulations, viewed in a comparative context outlined by selected European jurisdictions.
- ItemBiomedical Research on Vulnerable Subjects in Bosnia and Herzegovina(Wydawnictwo KUL, 2024) Milinkovic, IgorMedical research involving human subjects can enhance the well-being of individual patients and provide enormous social benefits. It enables the acquisition of new scientific knowledge and the development of novel therapeutic and diagnostic procedures but also raises significant ethical and legal issues. This kind of medical research is controversial and implies a clash of values that are not always easy to balance. Particularly contentious is research on subjects who are incapable of giving consent or are in a position of subordination and more susceptible to manipulation and mistreatment. Such subjects are considered vulnerable and under special protection. The paper deals with the legal framework of medical research on vulnerable subjects in Bosnia and Herzegovina (its entities: the Republic of Srpska and the Federation of Bosnia and Herzegovina). In the first part of the paper, the notion and basic forms of medical research will be explored, as well as the concept of vulnerability. Reference will be made to relevant international documents defining the standards of medical research on vulnerable subjects. The paper will also provide a comparative overview of provisions governing vulnerable subjects research adopted in different national legislations. In the second part of the paper, the legal framework of medical research on vulnerable subjects in Bosnia and Herzegovina will be analyzed, and suggestions for possible changes will be made.
- ItemBiotechnology and Intellectual Property: The Limits of Animal Patentability in the European Union(Wydawnictwo KUL, 2024) Golubei, Mariia; Pankova, LiliiaThe study considers the possibility of patenting animal breeds as objects of intellectual property, taking into account the legislation and law enforcement practices of the European Union. It presents a retrospective analysis and detailed interpretation of the conventional and directive provisions related to the patent protection of animal breeds, and characterizes the differences between the latter and the microbiological process. It was observed that the position of the European Patent Office on this issue was not always unanimous, which was manifested in the contradictory interpretation of the relevant, not perfectly formulated, legislative norms. It was analyzed under what conditions the current position of the EU manifests itself in the fact that an animal breed, as a product of an exclusively biological process, cannot be subject to patent protection. In addition, the concepts of “biological” and “technical processes” were interpreted as additional criteria for patentability concerning living organisms. Attention was also paid to the ethical component of biotechnological inventions and the still problematic aspects of animal breeding as possible results of biotechnological activity were emphasized.
- ItemThe British Nationality and Borders Bill and the international protection of refugees in the light of the concept of community interest in international law(KUL Publishing House, 2022) Kuźniar, DagmaraThe crisis that Europe faced in 2015 has never been resolved, and countries have adopted different strategies to deal with the influx of migrants. Some of them raise serious legal doubts for good reason. One of the new national solutions currently in the process of passing is the new migration plan announced by the United Kingdom in the Nationality and Borders Bill last year. The aim of the reform is to improve the British asylum system and to fight effectively illegal immigration and people smuggling. The aim of the article is to present the most important assumptions of the British reform in the field of granting refugee status. The analysis would allow to assess the compliance of the designed solutions with international obligations, the fulfilment of which should form the basis of the asylum policy of each State being a party to the 1951 Convention relating to the Status of Refugees. The main aim of the article, however, is to draw attention to the fact that the international protection of refugees should be equated with community interests and referring to the individual interest of the State is an erroneous and dangerous assumption.