scholarly journals Wpływ nieimplementowanych do systemu prawnego Rzeczypospolitej Polskiej dyrektyw unijnych na gwarancje procesowe

2017 ◽  
pp. 37-56
Author(s):  
Katarzyna Mróz
Keyword(s):  
Point Of View ◽  
Third Party ◽  
Criminal Proceedings ◽  
Depth Analysis ◽  
European Arrest Warrant ◽  
Constitutional System ◽  
The Right ◽  
Subjective Rights ◽  
The Impact ◽  
Right Of Access

This article deals with the issue of the direct effect of EU instruments from the point of view of the constitutional system of sources of law. Ensuring the „effet utile” of Community law entails the requirement for the effective realization of the subjective rights resulting from that right. Undoubtedly the effects of breaching obligations to implement EU law, in particular the obligation to transpose draft legislation, affect a certain level of process guarantees. An in-depth analysis of the minimum standards of the rights of suspects and defendants in criminal proceedings prompts reflection on the impact of the directives not implemented in the legal system on defining the rights of defense. The discussion on this subject will be presented in the context of the regulation contained in Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty.

The Europeanization of the Criminal Proceedings in the Republic of Croatia through the Implementation of the Directive 2013/48/EU

2019 ◽  
Vol 27 (2) ◽  
pp. 97-125
Author(s):  
Ante Novokmet
Keyword(s):  
Special Reference ◽  
Legal System ◽  
Criminal Procedure ◽  
Third Party ◽  
Criminal Proceedings ◽  
European Arrest Warrant ◽  
The Republic ◽  
The Right ◽  
Right Of Access ◽  
Practical Implications

The Act on Amendments to the Criminal Procedure Act (NN 70/2017) introduced, into the Croatian legal system, the Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and European arrest warrant proceedings as well as the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty. This paper contains the analysis of the nomotechnical solutions after the implementation of the Directive 2013/48/EU in the Republic of Croatia. In addition, particular attention has been given to the new substantive term of the suspect and its practical implications in different stages of the Croatian criminal procedure with special reference to effects and perception of the implementation of the Directive 2013/48/EU in Croatian criminal procedure. The paper criticizes some domestic legal solutions and offer different approach, with respect to the trends that have been noticed after amendment of the Croatian Criminal Procedure Act.

scholarly journals The Right to Defence in Poland. Remarks on the Latest Amendments of the Code of Criminal Procedure from the European Perspective

2020 ◽  
Vol 41 (2) ◽  
pp. 81-107
Author(s):  
Marek Ryszard Smarzewski
Keyword(s):  
Criminal Procedure ◽  
Third Party ◽  
Presumption Of Innocence ◽  
European Law ◽  
Criminal Proceedings ◽  
Minimum Standards ◽  
European Arrest Warrant ◽  
The Right ◽  
Right Of Access ◽  
Made In

The article discusses the issue of standards of the right to defence and takes into account the recent amendments of the Code of Criminal Procedure. The analysis is conducted against the background of minimum standards of the right to defence set out under European law. A reference introduced to the title of the Code includes the assertion that the legislator has implemented the provisions of Directive of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty as well as Directive of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings. However, it should be emphasized in this context that as a result of changes made in the discussed scope in the years 2016-2019, the legislator not only failed to fully implement the aforementioned Directives, but even introduced modifications that led to lowering the standards of the right to defence and guarantees of its implementation, both in material as well as formal terms.

scholarly journals Access to a Lawyer for Suspects at the Police Station and During Detention Proceedings

2020 ◽  
Vol 41 (2) ◽  
pp. 129-151
Author(s):  
Tymon Markiewicz
Keyword(s):  
Present Article ◽  
Criminal Proceedings ◽  
Arrest Warrant ◽  
Police Station ◽  
Minimum Standards ◽  
European Arrest Warrant ◽  
Main Statement ◽  
The Subject ◽  
The Right ◽  
Right Of Access

Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer lays down minimum standards concerning access to a lawyer for suspects and the accused in criminal proceedings, as well as persons subject to the European arrest warrant proceedings. The present article focus on the subject of access to a lawyer at the earliest stage of criminal proceedings – in connection with arrest as well as during proceedings concerning the use of pre-trial detention. Author analyzes in sequence: subjective scope of the right to a lawyer, the right to a lawyer for the person deprived of liberty, confidentiality of communications between the person deprived of liberty and their lawyer. The main statement is that Poland does not meet that standard.

scholarly journals THE ANTI-TERRORIST FUNCTION OF THE RUSSIAN STATE: THE CONCEPT AND THE BASIC SIGNS

2019 ◽  
Vol 23 (1) ◽  
pp. 27-47
Author(s):  
Denis S Mits
Keyword(s):  
Criminal Law ◽  
Third Party ◽  
Public Security ◽  
Conceptual Apparatus ◽  
Russian State ◽  
Constitutional System ◽  
The Impact ◽  
Ordinary Citizens

The article compares the important organizational and legal trends and prospects of antiterrorist activity, as well as the associated conceptual apparatus and the essence of terrorism. In the theory of criminal law, terrorism is defined as a threat to public security, in contrast to other areas of knowledge. This criminal phenomenon is implemented through the impact on a third party to the conflict (primarily ordinary citizens), that is, to encourage them to transform the foundations of statehood. In this regard, the system of management of information counteraction to terrorism, extremist activity and other forms of encroachment on the constitutional system, as well as other spheres of state functioning is gaining momentum.

scholarly journals An Analysis of the Skill Shortage Problems in Indian IT Companies

2018 ◽  
Vol 7 (9) ◽  
pp. 159
Author(s):  
Suchandra Paul
Keyword(s):  
Social Issue ◽  
Final Section ◽  
Point Of View ◽  
Theoretical Point ◽  
Skills Shortage ◽  
Depth Analysis ◽  
The Right ◽  
Skill Shortages

Skill shortage is a crucial social issue which needs to be analyzed thoroughly in any organization. In this paper, the problems related to the skill shortage are analyzed and possible solutions are provided to deal with the problem of skill shortages effectively. This paper will facilitate in helping the organization to find the right talent for the organization thus removing or decreasing the problem of skill shortages. The paper begins with the importance of skills shortage from a theoretical point of view. The problems associated are highlighted and analyzed. The factors which are an integral part of skill shortages are elaborated. Also, an in-depth analysis is carried out by considering the organizations, Tata Consultancy Services and Infosys as a case study. In the final section, various solutions and approaches are laid down to tackle the problems incorporated with skill shortages.

scholarly journals An Updated Overview on the Regulation of Seed Germination

Plants ◽  
2020 ◽  
Vol 9 (6) ◽  
pp. 703 ◽  
Author(s):  
Gerardo Carrera-Castaño ◽  
Julián Calleja-Cabrera ◽  
Mónica Pernas ◽  
Luis Gómez ◽  
Luis Oñate-Sánchez
Keyword(s):  
Seed Germination ◽  
Developmental Stages ◽  
Developmental Process ◽  
Point Of View ◽  
Growth Stages ◽  
Tissue Properties ◽  
Specific Regulation ◽  
Time Of Year ◽  
The Right ◽  
The Impact

The ability of a seed to germinate and establish a plant at the right time of year is of vital importance from an ecological and economical point of view. Due to the fragility of these early growth stages, their swiftness and robustness will impact later developmental stages and crop yield. These traits are modulated by a continuous interaction between the genetic makeup of the plant and the environment from seed production to germination stages. In this review, we have summarized the established knowledge on the control of seed germination from a molecular and a genetic perspective. This serves as a “backbone” to integrate the latest developments in the field. These include the link of germination to events occurring in the mother plant influenced by the environment, the impact of changes in the chromatin landscape, the discovery of new players and new insights related to well-known master regulators. Finally, results from recent studies on hormone transport, signaling, and biophysical and mechanical tissue properties are underscoring the relevance of tissue-specific regulation and the interplay of signals in this crucial developmental process.

scholarly journals The impact of economic analysis of law on legal thinking

2020 ◽  
Vol 6 (3) ◽  
pp. 109-114
Author(s):  
Ekaterina A. Koroleva
Keyword(s):  
Economic Analysis ◽  
Rational Choice ◽  
Point Of View ◽  
Economic Regulation ◽  
Economic Analysis Of Law ◽  
Race And Gender ◽  
The Law ◽  
And Gender ◽  
The Right ◽  
The Impact

The article deals with the main provisions of Richard Posners book How judges think, which is, according to the authors own assessment, an attempt by an American scientist to understand the motives that guide judges in making judgments. The emphasis Posner puts on psychology leads to the fact that the book gives the right to talk about how judges think, not about judicial behavior: considering traits, temperament, race and gender, as well as personal and professional experience. From all the above Richard Posner concludes that judges are guided by the rationality of actions and decisions. Therefore, special attention in this article is paid to the concept of rationality from the point of view of Posner himself, as well as the assessment of this concept from the point of view of Russian scientists V.L. Tambovtsev and L.V. Smorgunov, since this concept of rational choice reveals the essence of economic analysis of law. Special attention should be paid to the argument that according to Richard Posner, rational choice does not have to be without error in the conditions of lack of information or the complexity of its collection and analysis. The arguments of Henry Beckett, as one of the founders of the economic analysis of law, on rationality in the Commission of an offense are given. Also, the article considers the facts that allow to state that at present the economic analysis of the law has gone far beyond the initial attention to Antimonopoly regulation, taxation, regulation of public utilities, corporate Finance and other usual areas of economic regulation, the range of issues that can be resolved through economic analysis of the law is much wider and more diverse. According to the results of races-judgements and the estimation of economic analysis of law and the category of rationality in the legal field.

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