scholarly journals Legal aspects of usage out-of-commerce works by libraries and other institutions

2021 ◽  
pp. 5-14
Author(s):  
Valentyna Trotska
Keyword(s):  
Cultural Heritage ◽  
Legal Aspects ◽  
European Countries ◽  
Digital Environment ◽  
National Legislation ◽  
European Legislation ◽  
Collective Management ◽  
Eu Directive ◽  
The Right ◽  
The Eu

Keywords: copyright; out-of-commerce works; cultural heritage institutions; exceptionsand limitation; representative organizations of collective management The article is devoted to the study of the norms of Directive2019/790 of the European Parliament and of the Council on copyright and relatedrights in the Digital Single Market, such as provisions on the permitted use of worksout-of-commercial circulation, that are permanently in the collections of libraries andothers cultural heritage institutions. The norms of this EU Directive, as well as theprovisions defined in the laws of some European countries, are analyzed in detail.The main provisions of the EU Directive are considered, which provide for a doublemechanism of permitted use of works of cultural heritage institutions: main and reserve.The essence of each mechanism is considered in detail.The article also considers the question of when the rights holders have the right torefuse, meaning not to allow cultural heritage institutions to use out-of-commerce works.A comparison is made between the norms of the legislation of Ukraine on copyrightand related rights concerning the free use of works by libraries and other culturalheritage institutions and the relevant norms of European legislation. It is establishedthat in the legislation of Ukraine the list of institutions that have the right tofreely reproduce works is limited only to libraries and archives. Unlike the provisionsof the EU Directive, norms of national legislation do not apply to museums, film andaudio funds. However, free reproduction is allowed only by reprographic method (photocopying)of copies, which restrains the possibility of freeing reproduction (digitization)of works using modern digital technologies.It is concluded that classical norms of the legislation on copyright and relatedrights with the development of relations in the digital environment are changing.Legislators are constantly searching for optimal ways to balance public and privateinterests. Whether the new rules will be successful depends on how states implementthe rules of the EU Directive in state law and how they will be applied in practice.

BIOETHICAL AND LEGAL ASPECTS OF THE USE OF ANIMALS FOR SCIENTIFIC PURPOSES

2020 ◽  
pp. 10-15
Author(s):  
D. A. Lebedeva ◽  
Yu. A. Shcheglov
Keyword(s):  
Legal Aspects ◽  
Modern Concept ◽  
Member States ◽  
Ethical Attitude ◽  
Eu Directive ◽  
History Of ◽  
History Of Bioethics ◽  
The Eu

This work scrutinizes modern bioethical concepts of the use of animals for scientific purposes, as well as legal aspects of its use. Initially, the authors present a brief excursion into the history of bioethics and then focus on the modern concept of ethical attitude to the animals used for scientific purposes. The authors analyze the EU Directive on the protection of animals used for scientific purposes, as well as the EAEU acts and by-laws of the EAEU member states, and conclude that it is necessary to adopt a supranational act within the EAEU that will regulate the use of animals for scientific purposes in accordance with the principles of reduction, replacement and refinement.

Open Content in Libraries

2013 ◽  
pp. 1010-1029
Author(s):  
Galateia Kapellakou ◽  
Marina Markellou ◽  
Evangelia Vagena
Keyword(s):  
Open Access ◽  
Copyright Law ◽  
Digital Environment ◽  
Collective Management ◽  
Basic Issue ◽  
Open Content ◽  
The Right ◽  
Management Functions ◽  
Technical Measures ◽  
The Way

The basic issue examined in this chapter is how can open access be achieved through the instrument of contracts. In the digital environment right holders have the power to restrict access to works by using restrictive contractual terms enforced by means of technical measures. As a counterbalance to the extended authority of the right holder, open access movements have appeared which express the users’ need to have open access to creative content. It is put forward that the terms used in contractual forms that have been standardized and express the ideology of open content are not always compatible with the existing copyright law contractual provisions and the way in which collective management functions.

scholarly journals The right to private communication using telecommunication means: National and international legal aspects of protection

2019 ◽  
Vol 68 ◽  
pp. 01021
Author(s):  
Olexandr Panasiuk ◽  
Larysa Grynko ◽  
Anna Prokhazka
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Legal Aspects ◽  
The State ◽  
European Countries ◽  
European Convention ◽  
Private Communication ◽  
Criminal Proceedings ◽  
The Right ◽  
Case Basis

Today's challenges dictate the need to strengthen the national and international legal mechanisms for the protection of personal data and the right to private communication. However, considered rights are not absolute. Legitimate restriction of guaranteed rights is possible, since these means of communication are a powerful tool in the investigation and disclosure of hard/very hard crimes, including transnational ones, especially considering the terrorist threats to Ukraine and other European countries. The possibility of restricting human rights, arising from the guarantees enshrined in the European Convention on Human Rights and consistently enshrined in the ECHR, demands from the state the least compulsory guarantee while interfering with the rights of individuals – to act “in accordance with the law”. Law protection of personal data and right to privacy are researched in the context of peculiarities of conducting investigative (search), secret investigative (search) and other procedural actions in criminal proceedings, which concern access to some telecommunication means (e.g., smartphones). Taking into account different functional purposes of technical means of telecommunication, access and collecting of evidence contained therein, should be carried out on a case-to-case basis, in a different procedural form, considering specifics of telecommunication technologies in each particular case.

scholarly journals Visa Refusals to Foreign Scientists Participants in Megascience Experiments, other Scientific Events and the Right to Appeal: New in the ECJ Practice

2021 ◽  
Vol 16 (8) ◽  
pp. 160-172
Author(s):  
A. O. Chetverikov
Keyword(s):  
Legal Aspects ◽  
Eu Member States ◽  
Court Of Justice ◽  
European Court ◽  
Initial Content ◽  
The Subject ◽  
The Right ◽  
The Eu ◽  
Court Practice

The paper analyzes the provisions of the legislation and the latest court practice of the European Court of Justice (ECJ) regulating the procedure for refusing to issue Schengen visas and other migration permits necessary for foreign scientists to participate in experiments using unique European mega-science facilities, as well as in other scientific events in the EU. The first section "Visa refusal and the right to appeal it in the EU: Historical and comparative legal aspects" examines the formation and initial content of the EU rules on the rationale and appeal of the refusal of Schengen visas, starting with the Schengen agreements of the 1980s and before the adoption of the 2009 EU Visa Code. The second section "Right to appeal against refusal of Schengen and equivalent visas" is devoted to the rules of the 2009 EU Visa Code regarding visas for short-term stays (up to 90 days within a period of 180 days), amended and supplemented by the 2017 EU Court of Justice prejudicial decision as in the case of "El Hassani" regarding the recognition of foreigners’ right to judicial appeal against a visa refusal and, in a broader context, "the right to a fair and adequate consideration of their application" for a visa. The subject of the third, final section "The right to appeal the refusal of visas for long-term stay and residence permits" are the provisions of the latest ECJ court practice (judgment in the case of "M.A." of 10.03.2021), which made it possible to challenge in the courts of the EU Member States refusals to issue even those migration permits that are issued in accordance with national law.

scholarly journals A menekültügyi őrizet elrendelésének anyagi jogi feltételei az uniós jog tükrében

2015 ◽  
Vol 12 (1-2) ◽  
pp. 21-31
Author(s):  
Árpád Kiss
Keyword(s):  
European Union ◽  
Human Rights ◽  
Law Enforcement ◽  
Asylum Seeker ◽  
Illegal Immigrants ◽  
The European Union ◽  
Transit Country ◽  
Eu Directive ◽  
The Right ◽  
The Eu

Hungary lies in the route of the stream of refugees coming from the Balkan. It is a transit country, so the refugees do not typically intend to stay here, they rather wish to travel torwards to West- and North Europe. Particular sections of Hungary's border also mean the external borders of the European Union, the area of freedom, security and justice, which has a common asylum system. Significant part of illegal immigrants presents asylum claim only to avoid the aliens procedures. From the 1st of January 2013, the legislature terminated the aliens detention against asylum applicants. From 1st of July 2013 the Hungarian legislature reintroduced the possibility of detention of applicants. The new regulation has been placed in Act LXXX of 2007 on the Right of Asylum, Sections 31/A-31/H by Act XCIII of 2013 on the Amendment of Particular Laws Concerning Law Enforcement. The introduction of asylum-seeker detention and the practice of its application have raised dust. In my essay I am introducing the connections between the reasons of ordering asylum-seeker detention in the Act on Asylum and its backgroud in the EU Directive. I am not dealing with the question of compatibility of asylum detention and human rights and with problematic procedural issues, because I consider it more important to review the substantive conditions of asylum-seeker detention and the certain practical questions of its application therefore I am focusing on this segment of jurisdiction.

scholarly journals Developments in family reunification cases before the CJEU

2019 ◽  
Vol 3 (2) ◽  
pp. 6-17
Author(s):  
Réka Friedery
Keyword(s):  
Family Life ◽  
Case Law ◽  
Family Reunification ◽  
Fundamental Rights ◽  
Eu Directive ◽  
Council Directive ◽  
Charter Of Fundamental Rights ◽  
European Standards ◽  
The Right ◽  
The Eu

Family reunification is defined by primary and secondary EU law and by the case law of the CJEU. The cornerstones are the Charter of Fundamental Rights encompasses the principle of the respect of family life and the fundamental European standards for family reunification of third-state nationals are based in the Council Directive on the Right to Family Reunification. The EU directive explicitly confirms among others that family reunification is a necessary way of making family life possible. The article analyses the way the jurisdiction of the CJEU widens the notion of family reunification and how it offers more realistic picture for the growing importance of family reunification.

scholarly journals Ecological taxes in some European countries

2004 ◽  
Vol 49 (162) ◽  
pp. 209-224 ◽  
Author(s):  
Sanja Filipovic
Keyword(s):  
European Union ◽  
Fossil Fuels ◽  
European Countries ◽  
Eastern European ◽  
The European Union ◽  
Eu Directive ◽  
Production And Consumption ◽  
Previous Decade ◽  
Eastern European Countries ◽  
The Eu

Production and consumption of fossil fuels is one of the major causes of the green house effect, which is in economics known as a form of ecological externality. Fiscal solution, as one way of internalization of externalities, is based on polluters-pay principle and the imposition of tax on emission. Although the implementation of ecological tax was intensified during the previous decade, fiscal revenues are modest and account for only 5% of the total fiscal revenues of the European Union. Taxes on energetic products, accounting for 76%, are dominant among ecological taxes. Since the EU Directive 82/92 imposes minimum excise rates on oil products, during the last decade Central Eastern European countries have increased excise rates on fossil fuels and fully engaged in the field of ecological policy.

scholarly journals Making Access to Government Data Work

2015 ◽  
Vol 9 (2) ◽  
pp. 61-83
Author(s):  
Mireille Van Eechoud
Keyword(s):  
Public Sector ◽  
Open Data ◽  
Individual Member ◽  
Member States ◽  
The Public ◽  
Eu Directive ◽  
Public Record ◽  
Government Data ◽  
The Right ◽  
The Eu

The EU Directive on Re-use of Public Sector Information of 2013 (the PSI Directive) is a key instrument for open data policies at all levels of government in Member States. It sets out a general framework for the conditions governing the right to re-use information resources held by public sector bodies. It includes provisions on non-discrimination, transparent licensing and the like. However, what the PSI Directive does not do is give businesses, civil society or citizens an actual claim to access. Access is of course a prerequisite to (re)use. It is largely a matter for individual Member States to regulate what information is in the public record. This article explores what the options for the EC are to promote alignment of rights to information and re-use policy. It also flags a number of important data protection problems that have not been given serious enough consideration, but have the potential to paralyze open data policies. 

scholarly journals The role of victims’ lawyers in criminal proceedings in the Netherlands

2020 ◽  
pp. 147737082093185 ◽  
Author(s):  
Nieke A Elbers ◽  
Sonja Meijer ◽  
Iris M Becx ◽  
Arlette JJG Schijns ◽  
Arno J Akkermans
Keyword(s):  
The Netherlands ◽  
Added Value ◽  
Criminal Proceedings ◽  
Literature Study ◽  
Case File ◽  
Eu Directive ◽  
Sex Offences ◽  
The Right ◽  
The Eu

The role of the victim in the criminal trial process has evolved considerably in recent decades. On a European level, an important driver has been the EU Directive 2012/29/EU, according to which European countries are legally bound to afford certain rights to crime victims. In the Netherlands, the EU Directive has instigated several extensions of existing victims’ rights, and in the Code of Criminal Procedure a separate section has been devoted to the victim. The current study specifically addresses one of the victims’ rights, that is, the right to be legally represented. The Dutch government has financially invested in access to and specialization of victim lawyers in order to promote the realization of victims’ rights, specifically for victims of serious crimes and sex offences. The goal of the current study was to investigate the added value of victim lawyers and the extent to which they contribute to the fulfilment of victims’ rights in the criminal law process. A literature study was conducted to examine legislation pertaining to victims’ rights; a questionnaire study was conducted to investigate the perspective of victim lawyers ( n = 148); and interviews were conducted to examine the perspective of the police, Victim Support Netherlands, Public Prosecuting Service, and criminal courts ( n = 17). The results show that victim lawyers were important to the realization of victims’ rights. They were considered most necessary with respect to the right to claim compensation and with respect to the right to gain access to the case file. They were also required because victims’ rights have not yet been smoothly incorporated into legal practice. In addition, victim lawyers’ presence in the courtroom was considered important because it contributes to victims experiencing that they are taken seriously. It has been concluded that the support of victim lawyers is an important contribution to victim participation in criminal proceedings.

Features of adaptation of the national punishment system to European standards

2020 ◽  
pp. 87-92
Author(s):  
Alexey Tavolzhanskyi ◽  
Valeriya Prykhodko
Keyword(s):  
European Integration ◽  
Detailed Examination ◽  
Legal Regulation ◽  
International Standards ◽  
European Countries ◽  
Main Body ◽  
National Legislation ◽  
National System ◽  
European Legislation ◽  
European Standards

Problem setting. Ukraine has chosen a course for European integration. The existing legal order in Ukraine is being reformed in accordance with European standards in order to improve the quality of legislation and, subsequently, the living standards of the population. The system of punishment is no exception. As it is not possible to get rid of crime completely, it is possible to improve the mechanisms that realize the main purpose of punishment, and through which crime will be reduced. The fight against crime in Europe is more effective than the experience of post-Soviet countries, so it can be argued that the adaptation of national legislation to European can be a positive phenomenon for Ukraine. Analysis of recent researches and publications. Various aspects of the problem of implementation of international standards in domestic practice in the field of serving sentences, in particular regarding imprisonment, were dealt with by a number of scientists, in particular Pripolova L.I., Golovkin B.M., Kushnir Ya.O., Smirnova A.V., Popko V.V., Ptashinsky O.V., Stepaniuk А.N., Farenyuk S.Ya. and others. Target of research. The aim of the article is to highlight the most important points in the modern national system of punishments, which contain shortcomings at the same time with the possibility of reforming them in accordance with European legislation. Article’s main body. According to Article 51 of the Criminal Code of Ukraine in Ukraine there are 12 types of punishment. They are divided into basic and additional. Once a sentence has been imposed, it is not so important to classify it into basic and additional, so criminal executive law divides all sentences into isolation and non-isolation. Criminal and criminal-executive law of Ukraine is a national system of punishments, which includes the concept of punishment, types, limits of punishment and the order of their serving. This system is the result of many changes in Soviet legislation, following the experience of European countries, as Ukraine has chosen a course of European integration since the beginning of its independence. But it is not enough to simply bring the system of legislation of Ukraine in line with European norms, because it is the implementation of these norms that is important, which can create an obstacle in the reform of the penitentiary system. Therefore, the adaptation of national legislation to European legislation in the field of execution and serving sentences should meet the needs of the Ukrainian penitentiary system while eliminating the most significant shortcomings of this system. Conclusions and prospects for the development. Based on the analysis, it can be argued that it is appropriate to change the national system of punishment in accordance with international norms and practices of European countries. Emphasis is placed on gradual, comprehensive reform, which will ensure the formation of a quality mechanism for the implementation of all purposes of punishment. Changes are needed in general, starting with the terminology of certain not quite accurate concepts used by the legislator, ending with the mechanism of implementation of norms and maximum improvement of conditions of serving a sentence. A detailed examination of the shortcomings of some types of punishment confirms that Ukrainian legislation in certain institutions needs new legal regulation. This applies primarily to fines and imprisonment, as these punishments are the leading and, according to many scholars and legal practitioners, the most effective for punishment, and later correction of the person.

Sign in / Sign up

Export Citation Format

Share Document