Impact of the Council of Europe Guidelines on Electronic Evidence in Civil and Administrative Law

2020 ◽  
Vol 9 (1) ◽  
pp. 1-16 ◽  
Author(s):  
Remigijus Jokubauskas ◽  
Marek Świerczyński
Keyword(s):  
Business Models ◽  
Administrative Law ◽  
Private Life ◽  
Council Of Europe ◽  
Electronic Evidence ◽  
Full Compliance ◽  
Administration Of Justice ◽  
New Business ◽  
Technological Developments ◽  
The Right

On 30 January 2019 the Council of Europe adopted guidelines on electronic evidence in civil and administrative law (hereinafter “the Guidelines”). The article summarizes and analyses this soft law instrument and explains why its creation is important for the proper administration of justice and how it addresses and reflects technological developments, new business models and evolving case-law. Several conclusions have been identified regarding how use of the Guidelines will address current practical problems for courts and attorneys while maintaining full compliance with important principles like the right to a fair trial, protection of private life and national laws of the member states.

scholarly journals Electronic Evidence in Intellectual Property Disputes under the Council of Europe’s Guidelines

2020 ◽  
Vol 14 (2) ◽  
pp. 303-320
Author(s):  
Marek Swierczynski ◽  
Remigijus Jokubauskas
Keyword(s):  
Intellectual Property ◽  
Business Models ◽  
Case Law ◽  
Council Of Europe ◽  
Electronic Evidence ◽  
Administration Of Justice ◽  
New Business ◽  
Explanatory Memorandum ◽  
Technological Developments ◽  
New Business Models

On 30 January 2019 the Council of Europe adopted guidelines on electronic evidence in civil and administrative law accompanied by the Explanatory Memorandum. The authors summarize and analyse this soft law instrument with respect to intellectual property (hereinafter “IP”) disputes. They explain why its creation is important for the proper administration of justice and how it addresses and reflects technological developments, new business models and evolving case-law. Several conclusions have been identified regarding how use of the Guidelines will address current practical problems for courts in IP disputes. Both authors took active part in the preparatory works and believe it is in the interest of justice and effective IP protection that these guidelines are publicly available in the member states and widely disseminated among professionals dealing with electronic evidence.

Georgian Administrative Law

2020 ◽  
pp. 707-722
Author(s):  
Tamar Gvaramadze
Keyword(s):  
Personal Data ◽  
Administrative Law ◽  
Council Of Europe ◽  
Legal Reforms ◽  
Personal Data Protection ◽  
Western Values ◽  
Fair Hearing ◽  
Administrative Proceedings ◽  
The Right ◽  
The Impact

This chapter discusses the impact of the pan-European principles of good administration on Georgian administrative law. It shows that the legal reforms and modern administrative legislation that started in Georgia in the 1990s were mostly influenced, and directed by, Western values and European principles, including core provisions of the Council of Europe. This influence has manifested itself, among other things, in the Georgian legislator giving constitutional importance to the right to a fair hearing in administrative proceedings and underlining the importance of good administration. Moreover, special parts of administrative law, such as regulation of local self-governance and personal data protection, have also not been immune to this influence, which has been strengthened by the progressive approach undertaken by Georgian courts.

The Impact of the Pan-European General Principles of Good Administration on German Law

2020 ◽  
pp. 301-329
Author(s):  
Ulrich Stelkens
Keyword(s):  
Legal System ◽  
German Law ◽  
Administrative Law ◽  
Council Of Europe ◽  
System P ◽  
Individual Protection ◽  
National Constitution ◽  
The Right ◽  
The Impact

This chapter discusses the impact on German administrative law of the pan-European general principles of good administration developed within the framework of the Council of Europe (CoE). The chapter highlights that most of the German core statutes on administrative law had already been enacted or were developed before the adoption of the said principles. Moreover, the low availability and the lack of translation of the ‘CoE sources’ as well as the (over)reliance of German courts on the national constitution in developing standards of individual protection present further hindrances for their full permeation. However—at least conceptually—German law lives up to the said principles and often even exceeds them. The chapter concludes that it seems to be only a matter of time and the right opportunity for such impact to become full-blown in the German legal system.

scholarly journals Digital Transformation Supporting Transport Decarbonisation: Technological Developments in EU-Funded Research and Innovation

2020 ◽  
Vol 12 (9) ◽  
pp. 3762 ◽  
Author(s):  
Anastasios Tsakalidis ◽  
Konstantinos Gkoumas ◽  
Ferenc Pekár
Keyword(s):  
Business Models ◽  
Digital Transformation ◽  
The European Union ◽  
Travel Information ◽  
Funded Research ◽  
Research And Innovation ◽  
New Business ◽  
Technological Developments ◽  
Framework Programmes ◽  
Climate Neutrality

The European Commission’s Communication on a European Green Deal sets out the objective of achieving climate neutrality by 2050, which will require a reduction in transport emissions. To this aim, digital technologies, together with connectivity and automation, are transforming traditional concepts of mobility, with a potential impact towards transport decarbonisation. New business models are emerging and giving rise to innovative mobility services including new online platforms for car-pooling, car or bicycle sharing services, freight operations, or smartphone applications offering real-time travel information and other analytics. This study provides an overview of the European Union (EU) funded research and innovation (R&I) and related technologies that are influencing the uptake of digital transformation in transport and identifies issues and challenges from a European perspective. To that end, it follows a two-tier approach that examines policy and legislative initiatives from the European Commission, highlighting possible challenges and enablers. Moreover, it analyses transport technology developments in Europe, focusing on the technology maturity from EU R&I framework programmes, using the European Commission’s Transport Research and Innovation Monitoring and Information System (TRIMIS). The technology analysis provides insights that aid policy decisions related to funding allocation in future R&I framework programmes.

scholarly journals Monitor WhatsApp conversations in Palestinian legislation and related guarantees

2020 ◽  
pp. 84-97
Author(s):  
Abdullah Deeb Mahmoud ◽  
Keyword(s):  
Private Life ◽  
Public Prosecutor ◽  
Public Prosecution ◽  
The Public ◽  
Electronic Evidence ◽  
The Right To Privacy ◽  
Court Judge ◽  
Control Procedures ◽  
The Right ◽  
And Control

Monitoring electronic conversations in general, including WhatsApp conversations, is an investigation that falls within the jurisdiction and control of the Public Prosecution. Obtaining the approval of a Magistrate’s Court judge to conduct the observation is considered one of the basic conditions for the validity of the observation procedure. It is of the importance of electronic conversations, which have become legally recognized electronic evidence of crimes of all kinds, as long as the proper legal path that the Palestinian legislator has been followed in obtaining them is followed, the records may be audible, read, or visible, and in particular Lee is considered to be of legal value, whether it represents evidence of conviction or innocence, as a judge can extract its value after reviewing it and reviewing its details, or use an expert to analyze it, especially if it is not clear. It should be noted that protecting the private life of individuals is a constitutional and universal principle that may not be violated by control procedures except to the limits set by the law, since the right to privacy is subject to restriction and is subject to derogation from it according to legal procedures, especially in order to access the truth and achieve justice in accordance with exceptional and strict procedures. It is permissible to violate it, it is not permissible to monitor and record the conversations unless there is a benefit from them for the appearance of the truth, after the approval of the Magistrate’s Court judge upon the request of the Public Prosecutor or one of his assistants to monitor communications and (WhatsApp) conversations and registrations and deal with them to search for Evidence for a felony or misdemeanor is punishable by imprisonment for a period of no less than a year.

scholarly journals CONCEPTS OF ADMINISTRATIVE PROCESS IN MODERN SCIENCE OF ADMINISTRATIVE LAW AND PROCESS

2019 ◽  
pp. 66-69
Author(s):  
N. Yu. Hut
Keyword(s):  
Law Enforcement ◽  
Modern Science ◽  
Administrative Law ◽  
Administrative Process ◽  
Legal Literature ◽  
Administration Of Justice ◽  
Narrow Definition ◽  
Definition Of ◽  
The Right ◽  
Broad Understanding

The paper analyzes the concepts of administrative process presented in legal science. It is stated that every concept of the administrative process has the right to exist, because all of them are based on the facts, phenomena and norms actually existing in the legal system of Ukraine. However, three of them are most thoroughly presented in the legal literature: 1) the concept of a broad understanding of the administrative process; 2) jurisdictional (law enforcement) concept of the administrative process; 3) the concept of a narrow understanding of the administrative process. Representatives of a broad understanding of the administrative process argue that the procedural form is present wherever there is a need to implement substantive rules of administrative law, and all organizational legal relations are inherently procedural relations. Representatives of the jurisdictional and law-enforcement concepts of the administrative process, firstly, are convinced that the procedural form can be inherent only in activities related to the administrative-jurisdictional or law-enforcement activities of the competent authorities, and secondly, that the organizational legal relations are evenly distributed between substantive and procedural relations. Representatives of the concept of narrow definition of the administrative process insist that the procedural form relates solely to the activity of one branch of power - the judiciary, and therefore procedural relations arise only in the sphere of administration of justice by the courts.

scholarly journals Consumer Protection in the Digital Economy and Its Legal Challenges

2021 ◽  
Vol 11 (2) ◽  
pp. 686-700
Author(s):  
Phan Thi Thanh Thuy ◽  
-- --
Keyword(s):  
Business Models ◽  
Legal Framework ◽  
Digital Economy ◽  
Economic Effects ◽  
Economic Relationships ◽  
Legal Challenges ◽  
New Business ◽  
Legitimate Interests ◽  
The Right

The 21st century is the era of the digital economy and technological achievements. Digital business models have created unprecedented socio-economic relationships and quickly dominated the market share of traditional business models in the same industry. These new business models are praised for their economic effects. On the contrary, they are criticized as the parties involved and the relationships created seems to be moving away from the norms determined by applicable business laws. Facing with the digital economy and its business models, many governments are confused because they have not found yet the right way to adjust them. Regarding the relationships between the parties of digital business model, how to protect legitimate interests of consumers is one of the most essential legal issues that has attracted widespread attention. To answer this question, the article will examine and analyze the legal role of consumers in the relationship with other parties, thereby finding out the legal challenges and giving suggestions on building a legal framework to protect consumers in the digital economy.

From Ubiquitous Computing to the Internet of Things

2017 ◽  
pp. 1-42 ◽  
Author(s):  
Bozidar Radenkovic ◽  
Petar Kocovic
Keyword(s):  
Internet Of Things ◽  
Business Models ◽  
The Internet ◽  
Washing Machine ◽  
Packaged Goods ◽  
New Business ◽  
2D Bar Code ◽  
The Right ◽  
Consumer Devices ◽  
The Internet Of Things

The Internet that most of us knows as the World Wide Web is expanding beyond PCs and mobile devices. Called the “Internet of things”, this movement will link consumer devices, enterprise assets, media and everyday items, such as packaged goods, to the Internet at an increasing rate. Why the push? New business models and new ways of interacting with customers, employees and suppliers are possible when physical items are linked to the Internet. In theory, the Internet of things will make it possible for a connected refrigerator to automatically order milk. However, history has shown that, even though a technology can be transformational, it takes a series of many small evolutions before the consumer and business world are ready for transformational models like this. We believe that, at first, the sweet spot for the Internet of things will be to use it in simple ways that extend or enhance an existing process. For example, a washing machine that has a 2D bar code can enable a smartphone user to view the instruction manual, or a service person to view the service history and parts list. In contrast, using the Internet of things technologies to make a washing machine that can auto-detect clothes by reading the RFID tags on the garments' labels, and consequently run at the right settings, is less likely to gain adoption.

scholarly journals The Scope of the Right to Give Birth at Home as Reproductive Self-determination In the Legislation of Georgia and the Practice of the European Court of Human Rights

Law and World ◽  
2021 ◽  
Vol 7 (4) ◽  
pp. 92-124
Keyword(s):  
Home Birth ◽  
Private Life ◽  
Fetal Life ◽  
Council Of Europe ◽  
Member States ◽  
Hospital Delivery ◽  
Legitimate Interest ◽  
European Court ◽  
The Right ◽  
At Home

This article discusses the scope of the right to give birth at home as reproductive self-de- termination in the context of Georgian law and the case-law of the European Court. Georgia, like many other member states of the Council of Europe, unconditionally prefers the model of hospital delivery to protect maternal and fetal life and health. It is true that under Georgian law, home birth is not prohibited as such, however except for emergencies, medical staff is authorized to provide medical care only in a licensed medical premise. That equates to a restriction of the right. Despite the legitimate interest in restricting the right to give birth at home, scientific studies have confirmed the similarity between the consequences of home birth and hospital delivery in the case of low-risk pregnancies. The blanket ban on the right to give birth at home became the object of debate in the European Court in 2010. The court explained that the right to respect for private life enshrined in the Convention includes not only a person’s decision to become or not to become a parent, but also the choice of conditions. According to the court, childbirth is a unique and delicate moment in a woman’s life, and the determination of the place of childbirth is fundamentally related to a woman’s personal life. The European Court has discussed the availability and foreseeability of national legislation in the context of restricting the right to give birth at home. The Court has ruled that national authorities must ensure the clarity (if any) of the responsibility for providing obstetric services at home. However, the Court has still left open the issue of the need to restrict the right to give birth at home on the grounds of a lack of consensus among the member states of the Council of Europe and the complex socio-economic aspects of the issue.

Servitization in the creative and cultural industries

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Jon Sundbo ◽  
Luis Rubalcaba ◽  
Faïz Gallouj
Keyword(s):  
Conceptual Model ◽  
Service Sector ◽  
Business Models ◽  
Cultural Industries ◽  
Innovation Ecosystem ◽  
Content Type ◽  
Leading Role ◽  
New Business ◽  
Five Elements ◽  
The Right

Purpose This paper aims to develop a conceptual framework for understanding the role of servitization in the creative and cultural industries (CCI). Design/methodology/approach A conceptual model is proposed based on five elements: servitization drivers (digitalization in particular), agents, modes (based on the standardization/customization dynamics), servitization mechanisms (the authors provide a new classification) and service experiences. Findings CCI is not considered a natural part of the service sector. They drive economic and social development and are part of the innovation ecosystem. They are confronting a set of emerging dynamics in which servitization plays a leading role. Servitization is a way to move toward value co-creation by transforming existing business models. Servitization – with digitalization facilitates the co-creation of CCI-based experiences for customers, users and other stakeholders. Research limitations/implications In terms of further research implications, these theoretical and managerial considerations call for empirical research of the servitization of CCI to investigate how and how much it develops. Practical implications CCI companies need new business models that combine servitization, digitalization and value co-creation in the right mix. “One size fits all” does not work. Business models have to consider the right mix. Originality/value The proposed conceptual model provides a novel understanding of servitization and CCI and changes the focus from the “production” or push side (e.g. artistic creativity and messages) that has characterized much CCI theory toward the demand or pull side and buyers’ (users) increased power.

Sign in / Sign up

Export Citation Format

Share Document