Metoda unilateralna w prawie prywatnym międzynarodowym. Uwagi na marginesie orzeczenia TSUE w sprawie C-135/15 Republika Grecji przeciwko Grigoriosowi Nikiforidisowi

The article confronts the unilateral and multilateral methods in private international law. The author first identifies the basic differences between the two. She then moves to describe the instruments and concepts resulting from the unilateral method: the theories of the Statutists in the period between 12th to 19th centuries, the solutions offered by the so called new American school, the method of recognition of private situations crystallized in a foreign legal system, the rules governing the spatial scope of the EU provisions, including the regulations and the directives, and finally the paradigm of the overriding mandatory rules. The second part of the paper provides a comment to the Nikiforidis case. The author makes a number of critical remarks with respect to the restrictive and rigid interpretation of Article 9(3) adopted by the CJEU. The argument is made that the more flexible and functional approach proposed by the Attorney General Maciej Szpunar in his Opinion should be preferred. Finally, the author makes her own proposition regarding the Nikiforidis case. She advocates a unilateral methodology that rejects the distinction between the overriding mandatory rules of the legis fori, legis causae and these of a third country.

NEKOLIKO NAPOMENA O UGOVORU O TRGOVINSKOM ZASTUPANjU IZ UGLA MEĐUNARODNOG PRIVATNOG PRAVA SRBIJE

This paper analyzes the influence of mandatory rules of EU Member States on commercial agent’s right to indemnity/compensation (which come from Art. 17 and 18 of Directive 86/653/EEC) on determining the law applicable to commercial agency contract in accordance with the conflict-of-law rules of Serbian Private International Act as well as on jurisdiction (prorogation) clause in favor of Serbian courts. Considering that these mandatory rules are usually classified as overriding mandatory rules which apply irrespective of which law is applicable to an agency contract, the author analyzes two situations in which their application can emerge: the first situation relates to the cases in which a principal has seat in EU Member State and an agent has seat in Serbia; the second situation relates to the cases in which a principal has seat in Serbia and an agent has seat in EU Member State. After that, author explains that the courts of EU Member States dismiss the jurisdiction clauses by which the courts of non-Member States have been prorogated, if these courts would not apply the rules which secure the same or similar level of protection for commercial agents as those of Directive 86/653/EEC. Bearing this in mind, author also analyzes whether the courts of EU Member States would recognize the effects of prorogation of Serbian courts in such cases

Assessment of Accessibility Preparation for People with Special Needs at Al Ahsa Mosques

Introduction and Aim: Sala’ is one of the essentials of Islam religion that Muslims do five time a day. Praying in a mosque for many people is one of the important Activities of the daily living (ADL) that they engage in day-to-day basis. The Saudi Arabia Ministry of Municipal and Rural Affairs has given the right to people with disability by legislations and mandatory rules to all public facilities to be accessible for the Special needs users. The goal of this study is to find the accessibility of mosques in Al ahsa region for Special needs users. Method: The study design was a cross-sectional, descriptive study that surveyed wheelchair users and their caregivers, using google form. The study was conducted by a questionnaire type assessment, 12 questions were used to assess different aspects of accessibility to mosques, and using a Likert scale with five options (Very unsatisfied – Unsatisfied – Normal – Satisfied – Very satisfied. The questionnaire was reviewed by two occupational therapists and one physical therapist, to ensure content validity and reliability. Result: Seventy wheelchair users and twenty caregivers participated in the study. The main reason for being confined to a wheelchair was a motor vehicle accident (31.43%). Overall, 74.29% of wheelchair users and 45% of caregivers expressed dissatisfaction with the mosques’ accessibility for Special needs users. Conclusion: In the current state of the mosques in the Al ahsa were found to be not accessible for people with special needs. Key words: Accessibility preparation, people with special needs, wheelchair users, Al Ahsa Mosques.

Conceptual foundations of the development of business social responsibility in Ukraine

Purpose of the research. The main purpose of the article is to deepen the theoretical foundations of business social responsibility formation and its development in Ukraine. Methodology. It was used the following methods: comparative economic analysis, induction and deduction, summarizing, logical generalization, grouping and graphic expression. Results. It is substantiated that the development of business, the integration of the Ukrainian economy into the world economic system poses new challenges to business, related to the intensification of processes in the field of social responsibility in Ukraine. It is substantiated that the management of social responsibility of business is realized through the influence of the state on the improvement of labor relations, the introduction of honest business practices, against-corruption practices, expanding environmental responsibility of business and its cooperation with local communities. It is determined that business social responsibility is gradually becoming an important component of strategic management of enterprises in Ukraine. It is proved that in modern conditions the partnership between the state and business (joint regulation) prevails, and also the development of self-regulation is intensified, which together are able to ensure their effectiveness in modern conditions. Practical meaning. Important trends in the development of business social responsibility in Ukraine are insufficient assessment of the importance of social responsibility, and compliance with only mandatory rules set by applicable law. Prospects for further research. The formation of theoretical foundations of business social responsibility and its development in Ukraine confirms the need for further scientific substantiation of toolkit for assessing the effectiveness of social responsibility.

Standard Setting Organisations for the IoT: How To Ensure a Better Degree of Liability?

This early stage research article aims to outline an issue that, though not strictly connected to the cyber-sphere, is most likely going to affect it. Standard Setting/Developing Organisations (SSOs/SDOs) are getting more and more important in the electronics manufacturing field and also in the IP field by setting de facto mandatory rules for products to be safer but, most importantly, more efficient. Standards create trust in complex objects such as IoT devices, that are increasingly more available, especially the ones for the house. It is worth mentioning that the standards these organisations envision are not comparable to legislation but carry a significant ‘moral’ weight (soft law). However, these organisations are private in character and work on a voluntary basis. The problem lies in the creation of the standard when the essentiality of a patented innovation has to be assessed. These processes rely on the self-certification of businesses that their invention is truly essential to the development of a certain standard, which has led to a proliferation of new Standard Essential Patents (S.E.P.s). But in this case, there are no means to ensure some form of liability of these organisations when defects and shortcomings arise. It is argued that unless some form of liability is created for these organisations, IoT objects will never gain the trust of final users.

Effect of Physical Distancing on Covid-19 Incidence in Brazil: Does the Strictness of Mandatory Rules Matter?

ABSTRACT Purpose This study aims to examine the association between physical distancing measures and COVID-19 incidence among Brazilian states. Methods We divided the methodology was divided into three steps. In the first step, we used nationwide GPS daily data to estimate country and state-level physical distancing and examined the association with COVID-19 incidence through a GAM model. Secondly, using PNAD COVID 19 data, a cluster analysis categorized the Brazilian states into different categories of physical distancing policies promoting adoption and political inclination of their governments. Finally, through a Poisson Regression Model, we examined the association of state physical distancing with variables related to the socio-economic situation, test coverage and early adoption of policies promoting physical distancing of each state. Results Physical distancing effects on reduction of COVID-19 spread are heterogeneous among states. Estimation of (IRR) suggests that in a scenario of 100% of social isolation incidence of COVID-19 will have reached approximately only 2.6% of the magnitude compared to when there is no social isolation for Brazil (CI 95% 0.8 - 8.3). Only a 10% increase in SII in the country could have reflected in a 30.5% decrease of number of cases in 14 days. Adoption of physical distancing was associated with test coverage (IRR 0.976, CI 95% 0.973-0.979), Home Office (IRR 1.042, CI 95% 1.039 – 1.046), informal work proportion (IRR 0.961, CI 95% 0.958 – 0.965), political spectrum (IRR 0.961, CI 95% 0.958 – 0.965) and early moment of restrictive politics implementation (IRR 1.017, CI 95% 1.013 – 1.021). Conclusion Physical distancing measures play a crucial role in mitigating the pandemic's spread. These analyses are crucial to support government decisions and improve the community's adherence to preventive measures.

How Compulsory Voting Affects Individuals

This first theoretical chapter develops an expectation that individuals with negative orientations toward democracy are less likely to support compulsory voting. With reference to existing theory about the psychological, attitudinal, and behavioral effects of coercion, the chapter then puts forth expectations about how compulsory voting will amplify the relationships between orientations toward democracy and support for political authorities, support for outsider or extremist parties, and political sophistication. The chapter argues that negative orientations are more likely to be predictive of “antidemocratic” attitudes and behaviors, as well as a lack of political sophistication, where reluctant individuals are compelled to vote. At the same time, the chapter advances the expectation that pro-democratic orientations are more likely to boost attitudinal and behavioral support for the democratic system and its authorities, as well as to engender higher political sophistication, under mandatory rules.

How Compulsory Voting Affects Parties

This second theoretical chapter lays out expectations about the impact of compulsory voting on the ways in which political parties seek votes. It argues that compulsory voting’s influence depends on whether parties are situated inside or outside of the political mainstream. It first proposes that parties’ reduction of get-out-the-vote tactics under mandatory rules will be stronger if they belong to the political mainstream. It then develops expectations about mandatory voting’s influence on the ways in which parties position themselves to attract support. The chapter puts forth the hypothesis that compulsory voting incentivizes mainstream parties to move toward the center of ideological space in an effort to appeal to voting populations that are broadly reflective of society as a whole. For non-mainstream parties, alternatively, mandatory voting incentivizes vote seeking at the extremes in order to appeal to those who are cajoled to the voting booth against their will.

Optionality

This Chapter focuses on a distinctive characteristic of an important portion of contemporary rules of contract law that sets them apart not only from public law but also from other branches of private law (e.g. property and family law), i.e. that these rules can be set aside freely by the contracting parties. Contrary to national civil codes, however, positive EU contract law does not include many instances of non-mandatory rules. This raises the question of what exactly justifies the existence of such optional rules: should public institutions be providing elaborate sets of contract law rules if private parties can set them aside as they please, and, if so, what kind of considerations should determine the content of such rules? Similar questions can be asked with respect to other instances of optional contract law, such as choice of law in cross-border contracts.