scholarly journals Odpowiedzialność karna nieletnich w kontekście neuroprawa (neurolaw) – zagadnienia wybrane

2021 ◽  
Vol 33 (2) ◽  
pp. 241-250
Author(s):  
Agata Ziobroń ◽  
Keyword(s):  
European Union ◽  
Juvenile Justice ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
The European Union ◽  
Limited Degree ◽  
The Subject

In the article the subject of criminal liability of juveniles was taken up. The practice in the scope of applying neurobiological techniques in the aim to determine ability to participate in the trial and assingibility of responsibility for commited act (neurolaw in juvenile justice). The attempt to answer the question was taken up whether these kind of measures could turn out to be useful in the context of creating universal tool leading to uniform rules of criminal responsibility of the juveniles in the European Union. Having regars to the issues of the paper taken up it was concentrated especially on aspects regarding to the degree of development of the juvenile. The hypothesis was formulated that neurolaw could be useful in the limited degree in the assessment criterium of insanity whereas useless in the reference to possible redefining of the term of underage.

scholarly journals Features of criminal liability and punishment of juveniles: reality and perspectiv

2021 ◽  
Vol 2021 (2) ◽  
pp. 115-126
Author(s):  
О. І. Mytska ◽  
Keyword(s):  
European Union ◽  
Criminal Responsibility ◽  
Rapid Development ◽  
Criminal Liability ◽  
Criminal Code ◽  
International Standards ◽  
Criminal Offense ◽  
The Subject ◽  
The Law ◽  
Criminal Legislation

In the article the author analyses the features of criminal liability and punishment of juveniles in the current criminal legislation. Particular attention is paid to the release of adolescents from punishment and serving sentences. The author points out that for a long time there have been discussions among scholars about the possibility and expediency of applying to adolescents release from punishment and serving sentences considering the obvious need for their urgent re-education and return to the law-abiding citizens. The author categorically looks positively at this subinstitution of criminal legislation and believes that in some way it allows criminal legislation to perform its protective, educational and preventive functions. It also notes that the list of currently available types of release for both adults and juveniles is quite limited, which does not allow to fully differentiate them according to the specifics of the criminal offense committed by each individual juvenile. A comparative analysis of the current criminal legislation with the draft of the new Criminal Code of Ukraine is carried out. It is stated that scientists have identified not only juveniles but also young people, which is also due to the European vision of the subject of the criminal offense. Most criminal legislations of the Member States of the European Union have a similar differentiation. It is concluded that despite the rapid development of criminal legislation and Ukraine itself, the legislative vision of the limits of criminal responsibility and punishment of juveniles remains almost unchanged. A study of the draft of the new Criminal Code of Ukraine showed that only the age of the subject of the criminal offense was revised, as well as certain features of punishment and release from it. At the same time, any fundamentally new alternative criminal-legal measures and means of interaction with juvenile offenders are not provided, which indicates that the juvenile criminal legislation of Ukraine is not yet fully compliant with European and international standards of justice according to juveniles who are in conflict with the law. Key words: juvenile, criminal liability, punishment, release from punishment and serving sentences, draft, new Criminal Code, European Union.

CRIMINAL RESPONSIBILITY FOR THE ILLEGAL CROSSING THE STATE BORDER

2019 ◽  
pp. 275
Author(s):  
Aivis Trukšāns
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
The State ◽  
The European Union ◽  
Criminal Proceedings ◽  
Judicial Proceedings ◽  
The Subject ◽  
Analysis Determination

The author of the publication, selected the topic “Criminal responsibility for the illegal crossing the State border” for his publication. The subject of the publication is important, because in the search for better quality of life, a large number of immigrants try to enter the European Union illegally. The purpose of the publication is to explore and clarify what forms of criminal liability exist when crossing the national border illegally and what is the problem of criminalization in the process. The following tasks were highlighted for drawing up the publication: to study clarification of the concept of the State border in connection with criminal responsibility for illegally crossed State border; to carry out an analysis of procedural issues in pre-trial criminal proceedings and judicial proceedings. Conduct a penal policy analysis, determination of the problems of application of penalties.

Obywatele Unii Europejskiej – wyborcy Parlamentu Europejskiego – parlamentu ponadnarodowego

2016 ◽  
Vol 14 (3) ◽  
pp. 147-162
Author(s):  
Stefan Marek Grochalski
Keyword(s):  
European Union ◽  
Subject Matter ◽  
European Parliament ◽  
Legal Regulations ◽  
The European Union ◽  
Democratic State ◽  
The Subject ◽  
Direct Elections

Parliament – an institution of a democratic state – a member of the Union – is not only an authority but also, as in the case of the European Union, the only directly and universally elected representative body of the European Union. The article presents questions related to the essence of parliament and that of a supranational parliament which are vital while dealing with the subject matter. It proves that the growth of the European Parliament’s powers was the direct reason for departing from the system of delegating representatives to the Parliament for the benefit of direct elections. It presents direct and universal elections to the European Parliament in the context of presenting legal regulations applicable in this respect. It describes a new legal category – citizenship of the European Union – primarily in terms of active and passive suffrage to the European Parliament, as a political entitlement of a citizen of the European Union.

The state of democracy in the European Union in scenarios: federation, empire and Europe à la carte

2016 ◽  
pp. 90-108
Author(s):  
Marta Witkowska
Keyword(s):  
European Union ◽  
Reference Point ◽  
The State ◽  
The European Union ◽  
Scenario Development ◽  
Normative Approach ◽  
Norms And Values ◽  
The Subject ◽  
The Eu ◽  
A La Carte

The aim of the article is to present possible scenarios on maintaining democracy in the EU, while assuming different hypothetical directions in which it could develop as a federation, empire and Europe à la carte. Selected mechanisms, norms and values of the EU system that are crucial for the functioning of democracy in the European Union are the subject of this research. The abovementioned objective of scenario development is achieved through distinguishing the notions of policy, politics and polity in the research. In the analysis of the state of democracy in the European Union both the process (politics) and the normative approach (policy) have been adopted. The characterised norms, structures, values and democratic procedures in force in the EU will become a reference point for the projected scenarios. The projection refers to a situation when the existing polity transforms into a federation, empire or Europe à la carte. The article is to serve as a projection and is a part of a wider discussion on the future of the basis on which the European Union is build.

Freiheit der Advokatur

2021 ◽  
Author(s):  
Philipp Heinrichs
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Selection Procedure ◽  
Federal Court ◽  
The European Union ◽  
Court Of Justice ◽  
German Constitution ◽  
Federal Court Of Justice ◽  
The Subject

Since the abolishment of singular admission to the higher regional courts in 2000, the judiciary has been asking itself the question whether singular admission to the Federal Court of Justice is compatible with the German Constitution and the laws of the European Union. In particular, the non-transparent selection procedure was and is the trigger of controversial discussions and the subject of legal disputes. The work questions the conformity of singular admission to the Federal Court of Justice with the German Constitution and considers the selection procedure to be without transparency, comprehensibility and rule of law.

scholarly journals Economic prospects for cooperation the European Union and Ukraine in the use of blockchain technologies

2020 ◽  
Keyword(s):  
European Union ◽  
Economic Benefits ◽  
Competitive Advantages ◽  
The European Union ◽  
Labor Costs ◽  
Traditional Management ◽  
Enterprise Technology ◽  
General Scientific ◽  
The Subject ◽  
The Eu

The article is devoted to the research of the possibilities of cooperation between the European Union (EU) and Ukraine in the use of blockchain technologies. The transition to the blockchain allows to minimise costs and maximise the results of economic activity. The experience of using blockchain technologies by world corporations is analysed. The subject of the research in the article is the potential of economic cooperation between the EU and Ukraine in the field of implementation and use of blockchain technologies. The purpose of the article is to find out the economic prospects of cooperation between the EU and Ukraine in the use of blockchain technologies. Tasks: researching of tendencies of development of blockchain technologies and possible variants of their implantation in activity of the Ukraine’s enterprises, searching for benefits from cooperation between Ukraine and the EU in the field of use of blockchain technologies. General scientific used research methods: analysis – to determine the peculiarities of the use of blockchain technologies in the EU, synthesis – to find opportunities for cooperation between Ukraine and the EU in the use of blockchain technologies. The obtained results: based on the analysis of the dynamics of changes in the field of enterprise technology, problematic aspects are identified and the main advantages of the transition from the traditional management model to blockchain platforms are identified, and the economic benefits of locating mining farms in Ukraine compared to some EU countries are calculated. Conclusions: using of blockchain technologies by modern enterprises gives them a number of competitive advantages, including saving on labor costs, increased information security, reduced costs for quality control of products/services, etc. Blockchain allows to promote more sustainable cooperation between EU and Ukrainian companies not only in trade, but also in industry, finance and energy. By implementing joint blockchain systems with the EU, Ukraine can provide mining with low costs for electricity and wages.

scholarly journals COHESION POLICY INSTRUMENTS SUPPORTING TOURISM DEVELOPMENT

2019 ◽  
Vol XXI (1) ◽  
pp. 38-46
Author(s):  
Natalia Dominiak
Keyword(s):  
European Union ◽  
Policy Instruments ◽  
The European Union ◽  
Cohesion Policy ◽  
Financial Perspective ◽  
Interdisciplinary Character ◽  
The Subject ◽  
Programming Period ◽  
Council Of Ministers ◽  
Empirical Material

The aim of the article is to discuss issues related to the development of tourism in the context of the possibility of financial support available from cohesion policy funds in the current financial perspective for the years 2014-2020. The particular attention was paid to the multifaceted nature of modern tourism and the directions of changes in the use of EU funds, referring to the completed programming period 2007-2013. An attempt was also made to indicate the significance of tourism in the section of the national economy of Poland and in the European Union, concentrating on its interdisciplinary character. Characteristics of cohesion policy, its goals and principles of functioning were made. The article is of a review nature, which means that the authors’ own materials and empirical material from the literature of the subject were used. The figures were obtained from reports published by the Chancellery of the Prime Minister of the Council of Ministers. It was found out that the amount of allocated funds for cohesion policy among all European Union countries in 2014-2020 is the highest for Poland and amounts to EUR 72.9 billion. There is an increase in the amount of funds allocated from the European Union to Poland, compared to the amount of allocated funds in the 2007-2013 perspective. It was also pointed out that the cohesion policy instruments mentioned above only indirectly contribute to the development of tourism, as the financing for 2014-2020 lacks programs and activities entirely dedicated to tourism.

scholarly journals Criminal law protection of competition in the European Union, Germany, Great Britain and France

2020 ◽  
pp. 21-35
Author(s):  
Anna Danilovskaia
Keyword(s):  
European Union ◽  
Great Britain ◽  
Criminal Law ◽  
Criminal Liability ◽  
Educational Activity ◽  
The European Union ◽  
World Community ◽  
Fair Competition ◽  
Area Of Protection ◽  
Leniency Policy

The object of this research is competition policy and criminal law policy with regards to protection of competition in Europe that are similar to the Russian approach of countering infringement on fair competition. Legislation on competition is dynamically developing in all countries, which causes corresponding changes in their criminal law policy. For improving the effectiveness of cartel detection, many countries endorsed leniency policy for cartels, as well as make amendments to their laws due to proliferation of unfair competition, particularly on the Internet, as well irregularities in tendering. The analysis of modern sources of competition and criminal law of Germany, Great Britain and France, as the first European countries that developed the rules aimed at protection of competition, can be valuable for understanding the concept of protection of competition adopted by the world community, as well as its European model. The consists in broadening the existing knowledge on criminal law protection of competition in Europe, acquired as a result of comprehensive research of the legislations of the European Union, Germany, Great Britain and France in the area of protection of fair competition with consideration of recent amendments, including leniency policy for cartels. The author concludes that Europe has a developed criminal law mechanism for counteracting anticompetitive behavior, which is characterized by a range of prohibited acts, application of versatile criminal law measures to the persons guilty of such infringements, differentiated approach to the questions of their criminal liability, and substantial main and additional sanctions applicable to not only physical entities, but also legal entities in some countries. The obtained results can be useful in lawmaking, scientific and educational activity.

scholarly journals Migration issues in the EU’s common foreign and security policy – selected aspects

2021 ◽  
pp. 43-59
Author(s):  
Tomasz Dubowski
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
Security Policy ◽  
Migration Policy ◽  
External Action ◽  
The European Union ◽  
Eu Foreign Policy ◽  
Foreign And Security Policy ◽  
The Subject ◽  
The Eu

In the discussion on the EU migration policy, it is impossible to evade the issue of the relation between this policy and the EU foreign policy, including EU common foreign and security policy. The subject of this study are selected links between migration issues and the CFSP of the European Union. The presented considerations aim to determine at what levels and in what ways the EU’s migration policy is taken into account in the space of the CFSP as a diplomatic and political (and subject to specific rules and procedures) substrate of the EU’s external action.

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