scholarly journals Pravne posljedice provjere putnikovih putnih isprava u zračnim lukama

2020 ◽  
Vol 40 (3) ◽  
pp. 1131-1148
Author(s):  
Željka Primorac
Keyword(s):  
Legal Protection ◽  
The European Union ◽  
Illegal Migration ◽  
Legal Provisions ◽  
European Regulations ◽  
Definition Of ◽  
Air Carriers ◽  
Legal Consequences ◽  
Theoretical Standpoint

In this paper the author is making an elaborated analysis on the topic of countering illegal migration of air passengers (with the emphasis on third-country nationals) from a legal and theoretical standpoint, pointing out to the methods and legal consequences of verifying the validity and authenticity of passengers’ travel documents according to the latest provisions of Schengen acquis and assessing the role of the air carrier in the protection of the EU's external borders. The author is drawing attention to an insufficient legal definition of the terms “inadequate travel documents” and “necessary travel documents” by examining the legal effects of possession and presentation of inadequate travel documents as a justified reason for denying boarding to passengers pursuant to the provisions of Regulation (EU) 261/2004 and the interpretations of the provisions in question in accordance with the Guidelines of 2016. In this context, the aim of this paper is to point out to the current changes regarding the private legal protection of passengers in conformity with the European legal provisions in force, as well as to the latest proceeding before the Court of Justice of the European Union (Case C-584/18) concerning the interpretation of certain provisions of the European regulations relevant to this issue (Regulation (EU) 261/2004 and Regulation (EU) 2016/399). The author concludes with the analysis of the air carriers' obligations to pay financial sanctions (fines) in the case of carriage of passengers without the necessary travel documents and puts forward solutions de lege ferenda.

RIGHT TO GOOD ADMINISTRATION AS SEEN BY THE EUROPEAN COURT OF HUMAN RIGHTS

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 29-47
Author(s):  
Kacper Rożek
Keyword(s):  
Human Rights ◽  
The European Union ◽  
Legal Provisions ◽  
European Court ◽  
Euro Pean ◽  
Principle Of Proportionality ◽  
Definition Of ◽  
Right To Good Administration ◽  
Administrative Proceedings ◽  
The Right

The following article analyzes the judicature of the European Court of Human Rights in search for the definition of the term “right to good administration”, which is new for the whole administrative law branch and, at the same time, very important as far as an individual citizen is concerned. The research has been supported by the already existing view in literature as well as by the analysis of the legal provisions as adopted by the Euro¬pean Union. The result of the aforementioned explorations is surprising. It turned out that the European Court of Human Rights had already touched upon the said term, which is “right to good administration”, even before it became the subject of interest in the European Union. The Court, in its verdicts, also highlighted such characteristics as the principle of proportionality or thorough, objective and fast-paced administrative proceedings. As far as the European Court of Human Rights is concerned, the right to good administration should be treated as one of the key rights in the public law doctrine.

scholarly journals Rights of Interior Decoration Designer "A study in Light of UAE Federal Law No. 7 of 2002 on the Protection of Copyright and Neighboring Rights”

2019 ◽  
Vol 12 (2) ◽  
pp. 61
Author(s):  
Nada Zuhair Al – Feel
Keyword(s):  
Historical Development ◽  
Architectural Design ◽  
Legal Protection ◽  
Legal Framework ◽  
Federal Law ◽  
Interior Decoration ◽  
Definition Of ◽  
The Right ◽  
Technical Framework

This study includes the answer to the question that may be raised regarding the possibility of considering the design of the interior decoration as classified as protected works in the UAE law, and the consequent enjoyment by the designer of the literary and financial rights of the author. Paragraph 11 of UAE Federal Law No. 7 of 2002 on the protection of copyright and related rights refers to the design of decoration as one of the examples of the technical works mentioned by the legislator. The answer to the questions raised in this study is divided into two axes: the first is the technical framework and guarantee the historical development of the design, the role of the Arab design in the development of the design of the decoration and the definition of the designer and distinguish it from the architectural design. The second axis included the legal framework and included the conditions that must be met in the decoration design in order to enjoy legal protection, the rights of the decorator and then the legal protection of the right of the decorator.

scholarly journals ROLE OF DEED LAND BUILDERS OFFICERS (PPAT) IN ADDRESSING PROBLEM FOR REGISTRATION OF TRANSFER PROPERTY DUE TO SALE OF LAND IN EAST KOLAKA

Jurnal Akta ◽  
2019 ◽  
Vol 6 (4) ◽  
pp. 811
Author(s):  
Bambang Suprayogi ◽  
Akhmad Khisni
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Public Knowledge ◽  
Transfer Property ◽  
The Public ◽  
Land Disputes ◽  
Administrative Responsibilities ◽  
Legal Consequences

This study aims to determine the responsibility of the Land Deed Official (PPAT) in addressing the problems of making a deed of sale of land and how the legal consequences of the public in making the deed of sale of land if found problems in the manufacturing process PPAT deed East Kolaka District. The data used in this study are primary data, secondary data and data that can support tertiary study, then analyzed with empirical juridical methods.Based on the results of this study concluded that the role of PPAT in Kolaka East have a stake in ensuring legal certainty transitional registration of property rights to land. Legal guarantee evidenced by an authentic act, then the transition has a strong legal force (not absolute). However, due toThe lack of public knowledge relevant authorities in givingcertainty and legal protection, it is often raised issues such as land disputes and others.So should their ideal concept for the community in the form of legal counseling in growing knowledge about the importance of Land Registry as a form of awareness of legal action against the sale and purchase of land ownership before PPAT to avoid land disputes that often arise in the future. In addition, there is still much to be understood by the Land Deed Official (PPAT) and the community in the Land Registry. Conversely, if the certificate-issuing PPAT deed of sale is not in accordance with the procedure, it is charged with the responsibility PPAT legal and administrative responsibilities. Keywords : Land Deed Official (PPAT), buying and selling, East Kolaka

Design Protection

2017 ◽  
Author(s):  
Barton Beebe
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
The United States ◽  
Patent Law ◽  
The European Union ◽  
Design Law ◽  
Definition Of ◽  
International Instruments ◽  
Design Protection ◽  
Ip Law

This chapter surveys the legal protection of industrial designs, understood as the protection of the appearance of articles of manufacture. It discusses the definition of “design” according to both the European Union (EU) and the United States (US). It examines the international instruments that form the foundation of industrial design law, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Paris Convention, and the Berne Convention, among others. It then focuses on the various areas of intellectual property (IP) law that make up design law, including sui generis design protection law, patent law, copyright law, and trademark law among others, with particular attention on these aspects of design law as they feature in the US and the EU.

scholarly journals The Euro Group’s Informality and locus standi before the European Court of Justice: Council v. K. Chrysostomides & Co. and Others

2021 ◽  
Vol 81 (4) ◽  
pp. 917-936
Author(s):  
Giacomo Rugge
Keyword(s):  
Legal Protection ◽  
European Court Of Justice ◽  
The European Union ◽  
European Economic ◽  
Locus Standi ◽  
Court Of Justice ◽  
European Court ◽  
Economic Constitution ◽  
Judicial Proceedings

This article provides an analysis of the recent European Court of Justice’s (ECJ) judgment in Council v. K. Chrysostomides & Co. and Others. After the Cypriot financial and banking crisis of 2012-13, the case raised the issue as to whether the Euro Group could be considered as an ‘institution’ for the purposes of non-contractual liability under Art. 340 para. 2 of the Treaty on the Functioning of the European Union (TFEU). The Court replied in the negative, offering a set of arguments on the nature and role of the Euro Group within the European economic constitution and on the legal protection of individuals vis-à-vis austerity measures. The article summarises and criticises those arguments, showing how this judgment of the Court has made the Euro Group essentially immune against judicial proceedings, despite its pivotal role in the management of European economic and monetary issues.

Mental Disorders and Decision-Making Capacity: What Is the Role of Law?

2015 ◽  
Vol 22 (1) ◽  
pp. 75-82 ◽  
Author(s):  
Claire Rommelaere
Keyword(s):  
Decision Making ◽  
Capacity Assessment ◽  
Complex Task ◽  
Decision Making Capacity ◽  
Patient’S Rights ◽  
Surrogate Decision ◽  
Definition Of ◽  
Point Of Departure ◽  
Legal Consequences

AbstractWhen a patient appears to have a mental disorder, doubts may arise about his or her decision-making capacity. Health professionals must then assess the patient’s capacity in order to make sure of the validity of his or her consent or refusal. Incapacity has indeed legal consequences, as law provides for the appointment of a surrogate decision-maker in case of incapacity. With Belgian law as a point of departure, this contribution is aiming at identifying the role of law in capacity assessment itself, prior to the decision about (in)capacity. In order to protect the patient’s rights and to support the task of those carrying out the assessment, law should provide for a global definition of decision-making capacity and for a frame-procedure guiding this assessment. In my opinion, it is possible for law to contribute to the complex task of capacity assessment without interfering embarrassingly with healthcare practice.

How Conditional Amnesties Can Assist Transitional Societies in Delivering on the Right to the Truth

2017 ◽  
Vol 6 (2) ◽  
pp. 143-175 ◽  
Author(s):  
Jeremy Julian Sarkin
Keyword(s):  
International Law ◽  
Transitional Justice ◽  
Legal Protection ◽  
Transitional Societies ◽  
Post Conflict ◽  
The Status ◽  
The Right ◽  
Legal Consequences ◽  
Made In

This article explores how conditional amnesties can assist post-conflict societies to recover truth. It examines how such amnesties can be used optimally to achieve the best results as part of transitional justice mechanisms. Thus, a central question is to see how amnesties can be used for truth recovery purposes. For that reason, the status and role of amnesties, and whether such amnesties can be used to learn more about the past and assist in truth recovery is explored. The article explores what amnesties are, how prevalent they are and how amnesties can be used optimally to achieve the best results. An issue that is also explored is whether amnesties are needed for perpetrators to participate in transitional justice mechanisms. The argument that is made, in this regard, is that amnesty is absolutely necessary to persuade perpetrators to testify. If they do not have such legal protection, perpetrators fear the legal consequences that may result if they admit to crimes for which they have not been charged. Another question that is examined concerns whether amnesties, and specifically conditional amnesties, pass international law muster. This article therefore investigates the continual and extensive use of amnesty to determine whether a conditional amnesty violates international law. The article suggests how a conditional amnesty process could be structured and what difficulties such a process should avoid if perpetrators are to enter such a process.

scholarly journals Hygienic aspects of robotization: risk factors and safety principles

2021 ◽  
Vol 100 (1) ◽  
pp. 6-12
Author(s):  
Igor V. Bukhtiyarov ◽  
Eduard I. Denisov
Keyword(s):  
Risk Factors ◽  
Clinical Manifestations ◽  
Human Robot Interaction ◽  
Social Aspects ◽  
The European Union ◽  
Intelligence System ◽  
The Usa ◽  
Noise Vibration ◽  
Definition Of

The paper presents a review and essays on the hygienic aspects of the problem of robotics. The absence of generally accepted international terminology is noted. There is given a definition of basic terms as a robot, an artificial intelligence system (AIS), and a cyber-physical system (CFS) - according to authoritative sources. In the literature, the term robot is often used to mean CFS. The origin of robots in Russia is briefly described. The role of AIS as the basis of a technological breakthrough is considered. There is represented statistical data on the scientific, economic, and social aspects of the introduction of robotics. Robots are believed to be more likely to replace tasks rather than jobs and create new types of them. The medical and social aspects of robotization based on the experience of the European Union, the USA, and South Korea are examined, and the prospects of creating "smart jobs" are emphasized. The types of robots and their application in industry and medicine for diagnosis, treatment, and rehabilitation are described. It is emphasized that robots are the most advanced machines. The dangers created by robots, their causes, and possible consequences from physical (noise, vibration), chemical, electrical, ergonomic, and other perils are described. The presence of both "traditional" and new risk factors is noted. The systematics of the stages of human-robot interaction is proposed: ethical aspects in the design, communication psychology, contacts with the machine during its use and safety aspects, human physiological responses, possible clinical manifestations of health disorders. The safety principles of robots and CFS are formulated, and that the "smarter" the robots, the greater the risks of program failures and breakdowns are noted. The role of information hygiene and the need for training and health education of workers and the population are examined. Estimates are given of the prospects for the robotization of the profession. The occupation of hygienists in the era of digitalization and robotization is noted to have a future.

scholarly journals Sovereignty in the Era of Globalism: EU Energy Regulation in the Shadow of Sovereignty?

2020 ◽  
Vol 9 (1) ◽  
pp. 151-166
Author(s):  
Melinda Perecsényi
Keyword(s):  
Energy Policy ◽  
Energy Regulation ◽  
The European Union ◽  
Member States ◽  
Modern Times ◽  
Energy Union ◽  
Eu Energy Policy ◽  
Definition Of ◽  
Near Future

In our globalised world the phenomenon of Babylonian confusion can be observed in relation to the concept of sovereignty, and the boundaries of national, European, and international law are becoming increasingly blurred. In the following, I will seek an answer to the question how the term of sovereignty is rewritten, and the scope of its interpretation expanded in our globalised and Europeanised surroundings. In this context, I will present firstly some major international and Hungarian approaches to the definition of sovereignty in modern times. Secondly, I will examine how the sovereignty of the Member States has developed in the European Union, highlighting to what extent can we talk about a sovereign energy policy of the Member States in the light of shared competences adopted in the field of energy policy. Thirdly, I will scrutinise how EU energy policy can change in the near future, and what kind of a role Member States can play in this process. As there is still no universally accepted definition of sovereignty, the role of science is essential in the conceptualisation of the term. The Treaty of Lisbon has brought a supranational turn also in the field of energy, but Member States still have a relatively wide leeway to create their own regulatory framework that takes into account their national and regional characteristics. Environmental considerations in recent years have led to the initiation of a single energy market and the creation of the European energy union that is expected to become more intense in the near future. Therefore, it is crucial for Member States, both at a national and a regional level, to be actively involved in the establishment and formulation of community law in order to be able to represent their interest effectively.

scholarly journals Regulating Free Movement of Goods within the European Union

2018 ◽  
Vol 21 (35) ◽  
pp. 61-77
Author(s):  
Daniel Berlingher
Keyword(s):  
European Union ◽  
Internal Market ◽  
Free Movement ◽  
Critical Element ◽  
The European Union ◽  
Legal Provisions ◽  
Free Movement Of Goods ◽  
Globalized World ◽  
Present Text

Abstract The principle of the free movement of goods in one of great importance for the European Union and for in general and for the Internal Market and the European citizens in particular. Starting from the fact that the Internal market is considered to be a critical element for the present and future prosperity of the European Union in a globalized world, the objective of the present text is to present and analyse, in a concise manner, the main legal provisions that govern this field. In order to accomplish this objective we made reference to the following aspects: considerations regarding the role and importance of the free movement of goods in the European internal market; the role of the European Commission within the internal market and implicitly for the free movement of goods; Treaty provisions governing the free movement of goods; and related instruments of secondary law related to the free movement of goods.

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