scholarly journals Czy świat algorytmów i sztucznej inteligencji będzie sprawiedliwy? Wykorzystywanie nowoczesnych technologii, algorytmów i modeli predykcyjnych w wymiarze sprawiedliwości

2021 ◽  
pp. 305-334
Author(s):  
Jacek Sobczak
Keyword(s):  
Artificial Intelligence ◽  
Science Fiction ◽  
Predictive Models ◽  
Social Consequences ◽  
The European Union ◽  
Council Of Europe ◽  
The Right ◽  
Philosophical Questions ◽  
Modern Technologies

The possibility of using artificial intelligence, modern technologies and algorithms, and going into more details – predictive models, in the judiciary, which was predicted by the authors of science fiction books, has become a fact today. However, this raises a number of concerns, mainly of an ethical nature, and the need to answer philosophical questions regarding the role of a judge, the tasks of the judiciary, access to a court, and the right to defense. Both in the legal system of the Council of Europe and the European Union, numerous normative acts have been made to regulate these issues, but they should be continued and even deepened so that technological progress doesn’t surprise lawyers and doesn’t cause irreversible social consequences.

Contemporary Machiavellian theses "The strategy of the role of the absurd state as a model"

2020 ◽  
pp. 3
Author(s):  
Ali Hussein Hameed ◽  
Saif Hayder AL.Husainy
Keyword(s):  
International Relations ◽  
Decision Maker ◽  
Turning Point ◽  
Information Revolution ◽  
Main Hypothesis ◽  
The Subject ◽  
Area Of Influence ◽  
The Right ◽  
Modern Technologies

In the anarchism that governs the nature and patterns of international relations characterized by instability and uncertainty in light of several changes, as well as the information revolution and the resulting developments and qualitative breakthroughs in the field of scientific and advanced technological knowledge and modern technologies.  All of these variables pushed toward the information flow and flow tremendously, so rationality became an indispensable matter for the decision maker as he faces these developments and changes. There must be awareness and rationality in any activity or behavior because it includes choosing the best alternative and making the right decision and selecting the information accurately and mental processing Through a mental system based on objectivity, methodology, and accumulated experience away from idealism and imagination, where irrationality and anarchy are a reflection of the fragility of the decision-maker, his lack of awareness of the subject matter, his irresponsibility, and recklessness that inevitably leads to failure by wasting time and Effort and potential. The topic acquires its importance from a search in the strategies of the frivolous state and its characteristics with the ability to influence the regional, and what it revealed is a turning point in how to adapt from the variables and employ them to their advantage and try to prove their existence. Thus, the problem comes in the form of a question about the possibility of the frivolous state in light of the context of various regional and international events and trends. The answer to this question stems from the main hypothesis that (the aim which the frustrating state seeks to prove is that it finds itself compelled to choose several strategies that start from the nature of its characteristics and the goals that aim at it, which are centered in the circle of its interests in the field of its struggle for the sake of its survival and area of influence).

The Right to Healthcare in the Common European Asylum System

2018 ◽  
Vol 20 (2) ◽  
pp. 135-156
Author(s):  
Marco Inglese
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
European Convention ◽  
Undocumented Migrants ◽  
The European Union ◽  
Common European Asylum System ◽  
The Common ◽  
Interpretative Approach ◽  
The Right

Abstract This article seeks to ascertain the role of healthcare in the Common European Asylum System (CEAS). The article is structured as follows. First, it outlines the international conceptualisation of healthcare in the International Covenant of Economic, Social and Cultural Rights (ICESCR) and the European Social Charter (ESC) before delving into the European Convention on Human Rights (ECHR). Second, focusing on the European Union (EU), it analyses the role of Article 35 of the Charter of Fundamental Rights of the European Union (the Charter) in order to verify its impact on the development of the CEAS. Third, and in conclusion, it will argue that the identification of the role of healthcare in the CEAS should be understood in light of the Charter’s scope of application. This interpretative approach will be beneficial for asylum seekers and undocumented migrants, as well as for the Member States (MSs).

scholarly journals Case of Bistieva and Others v. Poland

2020 ◽  
Vol 8 (2) ◽  
pp. 129-139
Author(s):  
Anna Magdalena Kosińska
Keyword(s):  
Family Life ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
Irregular Migrants ◽  
Alternative Measures ◽  
Minor Children ◽  
The Republic ◽  
The Right ◽  
Article 5

The present commentary concerns the claims alleging a violation under Article 5 paragraph 1 (the right to liberty and security of a person) and paragraph 4 (the right to take proceedings to determine the lawfulness of the detention) of the European Convention on Human Rights and Article 8 (the right to respect for private and family life) ECHR by using detention by the Republic of Poland for the period of almost 6 months with regard to a family of third-country nationals. The applicant in the case was a national of Russia, Zita Bistieva and her three minor children. The judgement under discussion is significant from the perspective of strengthening the guarantees for the protection of the rights of irregular migrants in the system of both the Council of Europe and the European Union, on the grounds of the concept of equivalent protection adopted in EU primary law. The ruling in question also refers to the fact that the Member States do not sufficiently resort to alternative measures with regard to the detention of foreign nationals.

Education and the European Social Contract

2021 ◽  
pp. 51-66
Author(s):  
Xavier Prats Monné
Keyword(s):  
Artificial Intelligence ◽  
Social Contract ◽  
Social Protection ◽  
Regional Level ◽  
First Century ◽  
Global Trends ◽  
Twenty First Century Learning ◽  
The Right ◽  
Education And Society

A European social contract is possible—if the discussion shifts from who has the right to act to who can help. Education is a striking example of Europe’s paradox: the areas that interest its citizens most—education, health, social protection—are those where EU institutions have the least competence. Yet while the main policy responsibility and funding instruments are at national or regional level, the key global trends in education and the reforms they require call for a strong effort from both the EU and its member countries: an extraordinary expansion of the demand for higher education and new skills; a renewed interest in the interaction between technology, education, and society, driven by the advancement of data analysis and artificial intelligence; and a growing concern about the role of education in reducing inequality and social exclusion. Education has a great future—but it will not be education as we know it; the credibility of Europe’s social contract will rest on its capacity to build and communicate the case for change and to articulate a guiding vision for twenty-first-century learning.

3. Law-making: authority and process

2019 ◽  
pp. 27-72
Author(s):  
Martin Partington
Keyword(s):  
European Union ◽  
Detailed Account ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Principle ◽  
Legislative Procedure ◽  
The Uk ◽  
The Impact ◽  
Law Making

This chapter considers how law is made in the UK, who makes it, and the constitutional principles which give them the authority for making it and imposing it on society. There is a detailed account of the legislative procedure of the UK Parliament, and the different types of legislation enacted by Parliament. The role of the senior courts in the development of legal principle is also considered. Finally, the law-making functions of key institutions of the European Union and the Council of Europe are considered. The impact of Brexit is also considered.

Communicating with the European Composite Administration

2014 ◽  
Vol 15 (5) ◽  
pp. 883-906 ◽  
Author(s):  
Jane Reichel
Keyword(s):  
International Organizations ◽  
The European Union ◽  
Member States ◽  
Judicial Control ◽  
Court Of Justice ◽  
Union Citizenship ◽  
The Individual ◽  
The Right ◽  
The Eu

One of the reasons for introducing a “Union” citizenship in the 1993 Maastricht Treaty was to provide a direct channel between the citizens of the Member States and the EU. In contrast to many other international organizations, the role of the individual has been central to the European project since its inception. In its famous 1962 judgment given inVan Gend en Loos,1 the Court of Justice of the European Union (CJEU) underscored the importance of the “vigilance of individuals concerned” seeking to protect their European rights in the new legal order through judicial control.2 The right to directly vote on the representatives of the European Parliament had already been introduced in the 1970s. The citizens of the Member States were thus equipped with two classic forms of political participation even prior to the introduction of Union citizenship: law making and the legal adjudication of individual cases. Nonetheless, whether these channels are sufficient to guarantee the citizens effective democratic means to influence legislation and exercise control of EU institutions in the rather complex multilevel legal system of the EU has been continuously debated.

The Working Class Goes to the Movies: Labour Law and Thatcherism in British Films

Pólemos ◽  
2015 ◽  
Vol 9 (2) ◽  
Author(s):  
Marco Peruzzi
Keyword(s):  
Industrial Relations ◽  
Social Consequences ◽  
Critical Approach ◽  
Labour Law ◽  
British Perspective ◽  
The Right ◽  
The Impact ◽  
The Voice ◽  
Individual Dimension

AbstractThe essay focusses on the employment relationship as a privileged perspective for the analysis of the binomial “power of voices/voices of power.” In such context, the right to strike is presented as a meaningful example of the power stemming from a collective organisation of voices, the voices of the workers, granted as a means to counter-balance the power and the voice of the employer. The analysis highlights the enduring relevance of the British perspective towards the topic, from the liberalist policies fostered by Prime Minister Thatcher in the Eighties until the critical approach recently adopted by the British Government with regard to the protection of the right to strike at international level. British filmography is chosen as a lens for observing such perspective, in particular to the extent it describes the impact of Thatcherism on the British model of industrial relations as well as the economic and social consequences of such political measures in the Nineties. After a general overview, aimed at highlighting common features across the films, like the pivotal role of music and dance in the storyline, the analysis focusses on Billy Elliot, examining the ambiguous relationship between the collective and individual dimension in its narration.

scholarly journals SPECIFICS OF LEGAL REGULATION IN GENOMIC RESEARCHES AT THE INTERNATIONAL AND EUROPEAN LEVEL

2020 ◽  
pp. 68-78
Author(s):  
P. A. Kalinichenko ◽  
M. V. Nekoteneva
Keyword(s):  
Self Regulation ◽  
Legal Regulation ◽  
Human Reproduction ◽  
Genomic Research ◽  
The European Union ◽  
Genome Research ◽  
Council Of Europe ◽  
Human Genomics ◽  
European Regional

This article is devoted to the analysis of diff erences in approaches and in choice of tools at the international (universal) and European (regional) levels of interaction between states in the regulation of relations in the fi eld of genomic research and the implementation of their results. The article analyzes specifi cs of approaches at the universal and regional level, including activities of the UN family bodies, the Council of Europe, the European Union in the fi eld of protecting human rights and human genomics. Special attention is paid to the role of international soft law in the development of legal regulation (self-regulation) in the mentioned fi eld. The materials of the article can be useful both in theoretical and practical jurisprudence, and may also be of interest for other areas of the human genome research (bioinformatics, medicine, human reproduction, etc.).

scholarly journals The Role of Entrepreneurship in Changing The Employment Rate in The European Union

2021 ◽  
Author(s):  
Athanasios Anastasiou ◽  
Vasiliki Argiri ◽  
Dimitrios Komninos ◽  
Zacharias Dermatis ◽  
Christos Papageorgiou
Keyword(s):  
Economic Growth ◽  
Economic Activity ◽  
The European Union ◽  
Literature Research ◽  
Modern Economic ◽  
Key Features ◽  
The Right ◽  
New Jobs

Abstract The aim of this research is to examine the concept of entrepreneurship in the context of modern economic realities by presenting features and factors that contribute to economic growth. High unemployment, low economic growth and shrinking investment are key features of the long-term economic crisis at both national and European level.New entrepreneurship, combined with the strengthening of the existing one, is a powerful antidote to the fight against unemployment, as it provides the opportunity, mainly to young people, to innovate and create new products and services contributing to the wider economic and social whole, reducing unemployment while creating the right conditions for a remarkable and outward-looking economy. Taking into account the literature research, it is examined how the development of entrepreneurship actually contributes to the encouragement of economic activity, creating a favorable ground for growth in all sectors of the economy and the creation of new jobs.

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