scholarly journals THE INVALIDITY OF CONTRACTS IN THE FIELD OF MEDICAL SERVICES AS A WAY TO PROTECT THE RIGHTS OF THE PATIENT

2021 ◽  
Vol 74 (11) ◽  
pp. 3004-3008
Author(s):  
Roman I. Tashian
Keyword(s):  
European Union ◽  
International Law ◽  
Tort Law ◽  
Significant Part ◽  
Medical Services ◽  
Patient’S Rights ◽  
European Union Countries ◽  
The Usa ◽  
The Right ◽  
Methods Of Treatment

The aim of this article is to reveal the essential features of contracts providing medical services. The author also focused on the grounds for the invalidity of such contracts – entering into medical services contract without license or permission, prohibition of some medical services or methods of treatment, the imposing of unnecessary medical services, a contradiction to corporate regulations, fraud. A significant part of the work is devoted to the consequences of the invalidity of the contract – the restitution of the money received under the contract and compensation of harm. Materials and methods: The study is based on the statutory acts of European Union countries, the USA, and others. The author also uses acts of international law in the field of medical services and cases of court practice. Conclusions: Although the invalidity of contracts in the field of medical services is not one of the most common ways to protect a patient’s rights, it is in many cases essential to the reliable delivery of medical services. The patient has the right to initiate a legal dispute regarding the invalidity of the contract. The restitution of the money paid by the patient, as well as compensation for the harm caused, can be applied not only within the framework of tort law but also under the responsibility for the breach of the contract.

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

scholarly journals Application of Brussels II bis regulation in exercising the right of access to a child by extended family members

2021 ◽  
Vol 60 (90) ◽  
pp. 189-205
Author(s):  
Radmila Dragišić
Keyword(s):  
European Union ◽  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
The European Union ◽  
Parental Responsibility ◽  
The Hague ◽  
The Right ◽  
The Hague Convention ◽  
Right Of Access

In this paper, the author explores the sources of European Union Law that regulate one segment of parental responsibility - the right of access to a child. The focal point of research is the transition from the conventional (interstate) regulation of judicial cooperation in marital disputes and parental responsibility issues to the regulation enacted by the European Union institutions, with specific reference to the Brussels II bis Regulation. First, the author briefly points out to its relationship with other relevant international law sources regulating this subject matter: the Hague Convention on the Civil Aspects of International Child Abduction; the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children; and other international sources of law. Then, the author examines in more detail its relationship with the Brussels II bis recast Regulation, which will be applicable as of 1 August 2022. In addition, the paper includes an analysis of the first case in which the Court of Justice of the European Union (CJEU) decided on the application of the Brussels II bis Regulation, at the request of granparents to exercise the right of access to the child. On the issue of determining the competent court which has jurisdiction to decide on how this right shall be exercised, the CJEU had to decide whether the competent court is determined on the basis of the Brussels II bis Regulation or on the basis of national Private International Law rules. This paper is useful for the professional and scientific community because it deals (inter alia) with the issue of justification of adopting a special source of law at the EU level, which would regulate the issue of mutual enforcement of court decisions on the right of access to the child. This legal solution was proposed by the Republic of France, primarily guided by the fundamental right of the child to have contact with both parents.

NATIONAL MECHANISMS OF REGULATION OF CROSS-BORDER COPYRIGHT RELATIONS AIMED AT PROTECTION OF ORPHAN WORKS

Lex Russica ◽  
2019 ◽  
pp. 18-29
Author(s):  
G. K. Dmitrieva ◽  
O. V. Lutkova
Keyword(s):  
International Law ◽  
Legal Protection ◽  
Single Copy ◽  
Legal Regulation ◽  
Copyright Holder ◽  
Conflict Of Laws ◽  
Cross Border ◽  
The Usa ◽  
The Right ◽  
The Eu

The article has investigated the mechanisms of the national (both legal and non-legal) regulation of orphan works, i.e. works the holder (holders) of rights to which is (are) not identified and/or the location of the rights-holder is not established. Orphan works are supposedly protected by copyright, which means the validity of exclusive rights and the potential need to obtain permission from the copyright holder for any form of using the works under consideration, namely: reproduction including digitization, translation, processing, etc. However, in a situation where the right holder is not determined (is unavailable), the user does not have an objective opportunity to obtain such a permission, and the work actually remains unknown to the society, although it can be of artistic, cultural or historical value. Since the beginning of the new millennium, the national legal systems of a number of States have establish a special regime for the legal protection of orphan works, and about 20 states of the world have developed the foundations of such a regime so far. The article analyzes the regulation of orphan works in several states — in the EU and its member states, Great Britain, the USA, Canada, Korea, Japan, India. The authors have determined the foundations of the substantive and conflict of laws regulation of cross-border relations regulating orphan works. Features of regulation of works with an unidentified author in the era of a network society are highlighted: in particular, the need to digitize orphan works, since many of them are in a single copy on the medium ruined by time, and the fact that the digitized work can instantly spread from databases to other jurisdictions. The authors provide for the forecast of possible ways of evolution of legal regulation of relations in question with the use of mechanisms of national and international law.

scholarly journals A comparative analysis of the information duties in Belgian and American occupational pensions

2020 ◽  
Vol 22 (1) ◽  
pp. 39-63
Author(s):  
Marjolein Denys ◽  
David Pratt ◽  
Yves Stevens
Keyword(s):  
United States ◽  
European Union ◽  
Comparative Analysis ◽  
United States Of America ◽  
The United States ◽  
Occupational Pension ◽  
The European Union ◽  
Occupational Pensions ◽  
The Usa ◽  
The Right

Both the United States of America and Belgium attach great importance to communication duties in occupational pensions. Several legal sources in both countries provide the right to be informed to participants. The legislation in both countries seeks to ensure accurate, correct, transparent and understandable communication. Despite this resemblance, there are some differences in communication. The countries can learn from one another. Based on a theoretical framework developed in and for the European Union, the communication rights and duties in the USA and Belgium are analysed. This analysis leads to a better understanding of the different legal responsibilities, transparency rules, simplification efforts and technical correctness of the types of occupational pension information analyzed.

The right to revoke withdrawal notices from international organizations: The case of Brexit and the European Union

2020 ◽  
pp. 1023263X2095837
Author(s):  
Gino Naldi ◽  
Konstantinos Magliveras
Keyword(s):  
European Union ◽  
International Law ◽  
International Organizations ◽  
British Society ◽  
The European Union ◽  
Critical Question ◽  
The Law ◽  
Article 50 ◽  
The Uk ◽  
The Right

Following the 2016 referendum, the UK notified its intention to withdraw from the European Union pursuant to Article 50 TEU. Given the political and legal consequences of a much-questioned referendum and the strong opinion of many parts of British society that the UK’s membership should not be terminated, the question arose whether such a notification could be revoked unilaterally. In the absence of any mention in Article 50, expert opinion was divided. International law – that is, the law of treaties and the law of international organizations – does not appear to provide a definite answer, while state practice is rather scarce. The constituent instruments of international and regional organizations containing withdrawal clauses are also silent, except for African organizations and development/investment organizations, which invariably allow Member States to rescind withdrawal notices. As regards the EU Treaties, before the Lisbon Treaty they did not contain a withdrawal clause. In the preliminary ruling given in Wightman v. Secretary of State for Exiting the European Union, which concerned whether an EU Member has the sovereign power under Article 50 to revoke unilaterally a withdrawal notice, the Court of Justice helped to clarify a critical question of EU Law but also of international law.

scholarly journals Pojęcie współmałżonka w prawie unijnym – uwagi na tle orzeczenia w sprawie Coman (C‑673/16)

Politeja ◽  
2020 ◽  
Vol 17 (3(66)) ◽  
pp. 103-117
Author(s):  
Ewa Kamarad
Keyword(s):  
European Union ◽  
International Law ◽  
Mutual Recognition ◽  
Private International Law ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
The Right ◽  
First Time ◽  
The Eu

The Term ‘Spouse’ in EU Law – Comments on the Judgment in the Coman Case (C‑ 673‑16) The paper concerns the judgment of 5 June 2018 issued by the Court of Justice of the European Union in the Coman case (C‑673‑16), in which the Court for the first time defined the term ‘spouse’ for the purpose of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. It discusses the consequences of the judgement and its relation to the traditional mechanisms of private international law and the EU principle of mutual recognition.

scholarly journals NATIONAL SELF-DETERMINATION IN THEORY AND PRACTICE

2019 ◽  
Author(s):  
В.Д. Дзидзоев
Keyword(s):  
International Law ◽  
The United States ◽  
Complex Problem ◽  
Theory And Practice ◽  
Self Determination ◽  
Independent State ◽  
South Ossetia ◽  
The Usa ◽  
The Republic ◽  
The Right

В статье рассматривается, сложная проблема национального самоопределения народов. В современном международном праве, как известно, признаются два кардинально противоположных подхода к решению данной про блемы. Первый подход связан с территориальной целостностью государств, ко торая признается международным правом и уставом ООН, а второй с правом нации на самоопределение вплоть до отделения и возникновения нового незави симого государства. В то же время от влиятельных государств земного шара, а не от международного права зависит, признавать то или иное вновь образо вавшееся государство или не признавать. Классическим примером в этом плане служит Республика Косово, чью независимость признали США и другие государ ства, а независимость Абхазии и Южной Осетии признала РФ и еще несколько государств. The article deals with the complex problem of national selfdetermination of peoples. Modern international law, as we know, recognizes two radically opposite approaches to the solution of this problem. The rst approach is related to the territorial integrity of States, which is recognized by international law and the UN Charter, and the second to the right of a nation to selfdetermination up to the separation and emergence of a new independent state. At the same time, it is up to the in uential States of the world, not international law, to recognize a newly formed state or not to recognize it. Classic examples in this regard are the Republic of Kosovo, separated with the help of the United States, great Britain and other States from Serbia, as well as Abkhazia and South Ossetia, separated from Georgia. The independence of Kosovo was recognized by the USA and other States, and the independence of Abkhazia and South Ossetia was recognized by Russia and some other States.

Georgia and International Law

2014 ◽  
Author(s):  
Antoni Blanc Altemir ◽  
Eimys Ortiz Hernández
Keyword(s):  
European Union ◽  
Soviet Union ◽  
International Law ◽  
Former Soviet Union ◽  
Free Trade Area ◽  
The European Union ◽  
Military Operations ◽  
Association Agreement ◽  
Legal Norms ◽  
The Right

The dissolution of the USSR at the end of December 1991 and the reunification of Germany were, without doubt, two of the most remarkable international events at the end of the 20th century. Analysis of the consequences of these events with respect to international law has proved challenging to international legal norms due to the fact that the kind of “micro cosmos” exemplified by these events served to highlight the principal sectors of international law. The consequences of the dismemberment of the USSR proved to be extensive and they were felt not only in Europe, but also in the rest of the world. The breakup of such a prominent strategic actor put an end to the restricted stability that characterized the bipolar nature of the Cold War. Thus, international society witnessed a period of instability in succeeding years marked by a renewed rise in issues such as the right of self-determination and the principle of uti possidetis. Therefore, events unfolding in the former Soviet Union, at times tedious and even tragic, led to the creation of a new international organization called the Commonwealth of Independent States, which tried to fill the “black hole” left by the breakup of the USSR as well as deal with the problems confronted by the successor states, notwithstanding its own deficiencies. Moreover, some disputes of a territorial, interethnic, or national character became very violent, such as those in Central Asia and the Caucasus, in particular in Georgia. Over the years Georgia has intensified its process of approximation to the European Union (EU). On the one hand, the EU-Georgia Association Agreement that entered into force on 1 July 2016 is remarkable for establishing a deep and comprehensive free trade area. On the other hand, the effective application of the Schengen—visa-free travel for short stays for Georgian citizens—has been of great importance. This article provides researchers with instruments to study the recurring problems in South Ossetia and Abkhazia, as well as the Georgian-Russian conflict in 2008, and also treats the consequences of these crises in international law. Issues such as military operations, the cease-fire agreement, and the succeeding evolution of events are discussed. A section focuses specifically on important violations of international law that took place during the conflict, for which an international report was published. In addition, the consequences of the conflict are addressed with respect to NATO-Russia and EU-Russia relations while the effects of the conflict in the geostrategic and energy fields are also considered. Additionally, the rapprochement between Georgia and the European Union is analyzed.

II. Fourteen Against One: The Eu Member States' Response To Freedom Party Participation In The Austrian Government

2000 ◽  
Vol 49 (4) ◽  
pp. 953-963 ◽  
Author(s):  
Matthew Happold
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
Democratic Governance ◽  
Diplomatic Relations ◽  
Member States ◽  
Eu Member States ◽  
The Status ◽  
The Right ◽  
The Eu

The participation of the Freedom Party in the Austrian government has given rise to exceptional reactions both in Austria and internationally. The imposition of a freeze in bilateral diplomatic relations by Austria's European Union partners has been particularly notable, amounting to an unprecedented response to the election of a new government in another Member State. This note seeks to describe the development of events and assess the status of the 14 Member States' actions under international law, in particular in the light of any developing norms concerning non-intervention, respect for human rights and the right to democratic governance.

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