From Questioning Notes to Audiovisual Videoconferencing — Refl ections on the Evolution of the Model of Hearing a Witness Against the Background of the Solutions Adopted in the Code of Criminal Procedure of 1928 and 1997

2019 ◽  
Vol Special Issue ◽  
pp. 105-124
Author(s):  
Agnieszka Choromańska
Keyword(s):  
Subject Matter ◽  
Legal Status ◽  
Sound Transmission ◽  
Criminal Procedure ◽  
Case Law ◽  
Historical Factors ◽  
The Subject ◽  
Comparative Nature

The paper addresses legal solutions concerning the model of witness interviewing. The discussion is of comparative nature, as it refers both to the regulations contained in the Code of Criminal Procedure of 1928, as well as to the provisions of the current criminal procedure. It aims at a synthetic analysis of key changes in the model of interviewing a witness taking into consideration historical factors, as well as their impact on the current shape of the provisions in the Criminal Procedure Regulation. While reviewing legal solutions, the author pays special attention to the process of questioning at a distance supported by devices enabling simultaneous image and sound transmission. This issue is discussed in many aspects, taking into account the views of the doctrine and the analysis of case law. Apart from the assessment of the current legal status in genere, the paper also presents the proposals of solutions in the subject matter.

scholarly journals Unconstitutional legal solutions enshrined in the Code of Criminal Procedure of 2014

2016 ◽  
pp. 67-101
Author(s):  
TUDOREL TOADER ◽  
MARIETA SAFTA
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Criminal Procedure ◽  
Case Law ◽  
Legal Rule ◽  
Preventive Effect ◽  
Constitutional Review ◽  
Economic Context ◽  
The Social ◽  
The Subject

This study continues the presentation on the development of the constitutional court’s case-law, from ascertaining the unconstitutionality of the legal rule to ascertaining the unconstitutionality of the legal solution promoted by that rule with punctual respect to criminal procedure. The constitutional review transcends the strict boundaries of referrals brought before the Court in order to purify the legal system from those that reproduce legal solutions found to be unconstitutional. Thus, it is emphasized both the effect of sanctioning the rule which was the subject matter of the exception of unconstitutionality, and the preventive effect of constitutional review, by the inability of the legislature to resume a legal solution found unconstitutional, except where there is a change of the social and economic context.

scholarly journals Unconstitutional legislative solutions enshrined by the 1968 Code of Criminal Procedure

2016 ◽  
pp. 55-81
Author(s):  
TUDOREL TOADER ◽  
MARIETA SAFTA
Keyword(s):  
Subject Matter ◽  
Criminal Procedure ◽  
Case Law ◽  
Legal Rule ◽  
Constitutional Court ◽  
Preventive Effect ◽  
Constitutional Review ◽  
Economic Context ◽  
Criminal Procedure Law ◽  
The Subject

This study presents development of the case-law of the Constitutional Court, from declaring the unconstitutionality of the legal norm to declaring the unconstitutionality of the legislative solution promoted by the respective norm, with special reference to criminal procedure law. The constitutional review transcends the strict framework of the limits of the referrals addressed to the Court, for the purpose to drain the legislative system of those provisions that resume legislative solutions found to be unconstitutional. Thus emphasizes the sanctioning effect on the legal rule that constituted the subject matter of the constitutional review, as well as a preventive effect, given the legislator’s inability to resume a legislative solution declared unconstitutional, except for the situation where a change in the socio-economic context would occur.

scholarly journals Cyber Attacks, Information Attacks, and Postmodern Warfare

2017 ◽  
Vol 10 (1) ◽  
pp. 63-89 ◽  
Author(s):  
Jozef Valuch ◽  
Tomáš Gábriš ◽  
Ondrej Hamuľák
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Case Law ◽  
Cyber Attacks ◽  
Armed Conflicts ◽  
Information Warfare ◽  
Law Of War ◽  
Legal Rules ◽  
The Subject ◽  
The Relationship

Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.

EL JUEZ COMPETENTE PARA CONOCER DEL PROCEDIMIENTO MONITORIO: CUESTIONES PRÁCTICAS

2010 ◽  
pp. 493-519
Author(s):  
AINHOA GUTIÉRREZ BARRENENGOA
Keyword(s):  
Subject Matter ◽  
Critical Review ◽  
Case Law ◽  
Territorial Jurisdiction ◽  
Procedural Code ◽  
The Subject ◽  
The Given

El procedimiento monitorio se concibe en la Ley 1/2000, de Enjuiciamiento Civil como un procedimiento de tutela privilegiada de determinados créditos. Sin embargo, estos postulados se contradicen con los problemas que, en la práctica forense, se han suscitado, en muchos casos, por la determinación de la competencia del órgano que debe conocer del procedimiento. En el presente estudio, se analizan las principales cuestiones que se han suscitado en relación con la determinación de la competencia objetiva y territorial en el procedimiento monitorio, con un repaso crítico de las distintas soluciones doctrinales aportadas, y una revisión de la última doctrina jurisprudencial en la materia. Prozedura monitorioa Prozedura Zibilaren 1/2000 Legeak taxutu zuen, zenbait kredituren tutoretza pribilejiatua izateko prozedura moduan. Hala eta guztiz ere, postulatu horiek ez datoz bat praktika forentsean sortu diren arazoekin; izan ere, maiz, prozedura ezagutu behar duen organoaren eskumena nork duen jakitea ez da gauza argia. Lan honetan, prozedura monitorioaren inguruan eskumen objektiboa eta lurraldekoa zehaztu beharraz sortu diren eztabaida nagusiak aztertzen dira, horri buruz agertu izan diren konponbide doktrinalen azterketa kritikoa eginez, eta gaiari buruzko azken jurisprudentzia-doktrina ere lantzen da. The payment procedure is envisaged by Act 1/2000 on the Civil Procedural Code as a procedure for a privileged guarantee of some debts. However, theses propositions conflict with the problems which arose in practice when deciding the subject-matter and territorial jurisdiction in payments procedures. By this study, main questions regarding the subject-matter and territorial jurisdiction within the payment procedure are analyzed with a critical review of the given different doctrinal solutions and a revision of the last case law doctrine on the topic.

Part I General and Introductory, 4 Subject-Matter Scope: Civil and Commercial Matters

2017 ◽  
Author(s):  
Hartley Trevor C
Keyword(s):  
European Union ◽  
Subject Matter ◽  
Hague Convention ◽  
Case Law ◽  
The European Union ◽  
Court Of Justice ◽  
The Subject ◽  
The Hague ◽  
The Hague Convention ◽  
Civil Matter

This chapter discusses the ‘subject-matter scope’ of Brussels 2012, Lugano 2007, and the Hague Convention. ‘Subject-matter scope’ refers to the scope covered by a measure as regards its subject matter, that is to say the branches and areas of the law to which it applies. For the three legal instruments under consideration, the relevant provisions are contained in Article 1 of Brussels 2012 and Lugano, and Articles 1 and 2 of Hague. A review of case law shows that the distinction between a civil matter and public matter is far from straightforward. There is a significant grey area in which the Court of Justice of the European Union could legitimately go either way.

Subjects of Tax Relations: Features of Legal Status and Classification

2019 ◽  
Vol 10 (7) ◽  
pp. 2024
Author(s):  
Liubov M. KАSIANENKO ◽  
Nataliа I. ATAMANCHUK ◽  
Olena O. BOIKO-SLOBOZHAN ◽  
Olena V. SHAKIROVA ◽  
Sergiy O. DANILOV
Keyword(s):  
Subject Matter ◽  
Legal Status ◽  
Scientific Research ◽  
Educational Process ◽  
Tax Law ◽  
Public Authorities ◽  
Legal Personality ◽  
Tax Legislation ◽  
The Subject

The relevance of the subject matter is conditioned upon the fact that nowadays, both tax law theory and the current tax legislation fail to provide a single, unified definition of the concept of ‘subject of tax relations’. Furthermore, there is no clear criteria for the division of subjects of tax relations into types, which makes it impossible to establish the exact scope of participants in tax relations, and to determine the level of their tax legal personality. The purpose of this paper is to determine the scope of participants in tax relations, to analyze and clarify the legal status of established subjects and determine the functions that they perform in tax legal relations, as well as, on the basis of the results obtained, to construct a detailed classification of subjects of tax relations. The key method of scientific research is the method of scientific modelling, because in this article, on the basis of the analysis of existing scientific positions and provisions of legislation, the authors build their own theoretical model of the subject matter, formulate a conceptual apparatus and offer their practical application. This paper examines the subjects of tax relations, examines their types, outlines the limits of their legal personality in tax relations. The analysis of national legislation and various scientific approaches provides for the classification of subjects of tax relations, the legal status and the role they play in the tax mechanism are determined. The paper develops proposals for practical content to improve the provisions of the Tax Code of Ukraine on subjects of tax relations, provides author's definitions of the concept of ‘subjects of tax relations’. The provisions, conclusions, proposals and recommendations formulated in this paper can be used in: lawmaking – to improve and adopt new regulations, to amend existing legislation, to adapt them to the best European and international models; the law enforcement – to improve tax relations with the participation of public authorities; scientific research – for further study of financial and legal issues of participation of public authorities in budget relations; educational process – when teaching the subjects ‘Financial Law’, ‘Tax Law’, ‘Administrative Law’, ‘Topical Problems of Financial Law of Ukraine’ and related training courses.  

Federal Constitutional Guarantees of the States: Section 106 and Appeals to the Privy Council from State Supreme Courts

1978 ◽  
Vol 9 (3) ◽  
pp. 348-374
Author(s):  
Christopher D. Gilbert
Keyword(s):  
Subject Matter ◽  
Case Law ◽  
State Courts ◽  
State Supreme Courts ◽  
Privy Council ◽  
Supreme Courts ◽  
High Court ◽  
Federal Constitutional ◽  
Recent Statement ◽  
The Subject

The abolition of all appeals from the High Court to the Privy Council, coupled with the High Court's recent statement that it no longer regards itself as bound by Privy Council decisions, highlights the fact that appeals still lie, in many matters of State jurisdiction, from State Supreme Courts direct to the Privy Council. In this article, Mr Gilbert is primarily concerned to examine the extent to which section 106 of the Commonwealth Constitution may provide protection for these “direct” appeals. To this end, Mr Gilbert examines what case-law exists on section 106, and attempts to place the section in perspective in relation to the rest of the Constitution. The difficult (and largely unexplored) relationship between section 106 and section 51 is considered, to discover the possible reaches of Commonwealth legislative power with respect to the subject-matter protected by section 106. The position of “direct” appeals within the States’ constitutional structures is looked at, in order to determine the possible ambit of whatever protection is offered by section 106, and finally, Mr Gilbert analyses the recent comments by Mr Justice Murphy that the abolition of Privy Council appeals from the High Court has meant the consequential demise of “direct” appeals from State courts.

Comparative Law and Economic Analysis of Law

2019 ◽  
pp. 825-851 ◽  
Author(s):  
Florian Faust
Keyword(s):  
Economic Analysis ◽  
Subject Matter ◽  
Law And Economics ◽  
Comparative Law ◽  
Case Law ◽  
The Other ◽  
Economic Analysis Of Law ◽  
The Subject ◽  
The Relationship

This chapter discusses the relationship between comparative law and economic analysis of law. After providing an overview of the characteristics of the economic analysis of law, it explains how one of the two disciplines can operate as an ancillary discipline to the other; this has been termed ‘Comparative Law and Economics’. The next section describes how comparative law and economic analysis of law can be brought together by making one discipline the subject matter of the other. It suggests that the role of economic analysis of law may be greater in case law systems than in codified systems and that this role may vary according to the subject of legislation. The section concludes with considerations on the role comparative law plays and should play in different contexts. Finally, it is argued that comparative law and economics should not be considered a discipline on its own.

Patents and Diagnostic Methods in the U.S.: The Subject Matter Eligibility Trap

2019 ◽  
Vol 25 (1) ◽  
Author(s):  
Javier Saladich Nebot
Keyword(s):  
Subject Matter ◽  
Patent Protection ◽  
Case Law ◽  
The United States ◽  
Diagnostic Methods ◽  
General Application ◽  
Health Technologies ◽  
Potential Benefits ◽  
The Subject ◽  
Social Importance

Diagnostic methods have been gaining medical recognition and social importance as innovations that can be useful to provide individuals with a diagnosis, prognosis or prediction with regard to a condition that they currently have or that they are in risk of developing. Despite the great amount of resources deployed to produce these health technologies and their potential benefits for healthcare systems and patients or prospective patients alike, their exclusive protection in the United States has faced resistance from patent examiners and courts on the basis that diagnostics constitute a dubious innovation. Inconsistent arguments used for the refusal of patent protection have led to a labyrinth where innovators in the diagnostics sector cannot reasonably expect their application or their protection after the patent is in place to stand.  This paper aims to convey the doctrine of subject matter eligibility as applied to diagnostic methods and the relevant guidelines and case law. In doing so, it aims to depict the pitfalls resulting from the general application of a non-patentability rule to diagnostics, and to suggest opportunities still available for innovators to overcome uncertainty by filing compliant applications while maximizing the likeliness of enjoying protection once the patent is awarded.

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