Human Person in the Code of Canon Law of John Paul II

The Code of Canon Law, promulgated by John Paul II in 1983, is a synthesis of the earlier 1917 Code and the doctrine of the Second Vatican Council. The Code contains norms which go well beyond a reform of the inner legal relations within the Catholic Church. A lot of them deal with the value and dignity of the human person, which shows a clear impact of the pontificate of John Paul II, who put a lot of emphasis on the given issue. The article discusses the fields of legal regulations in the Code which touch upon the issue of the human person, esp. freedom of religion, protection of unborn life, social rights, legal standing of women and the education of future generations. It points out the main difference between civil law (which also serves the dignity of the human person) and canon law, namely, the latter aims at the salvation of souls.

Assessing the Actual Impact of a Cryptojacking Attack on Individual IT Systems and Measuring Legal Responses

Mining cryptocurrencies is much more profitable if one is not paying for equipment or the electricity used for the mining. This is the main reason why cryptojacking has become so prevalent as one of the predominant cybersecurity threats facing Europe today. While the robustness of an organisation is important, one should also know what to do following a security incident or breach. Whilst post-incident analyses are important, an organization should also ascertain their legal standing as well as any possible ways forward after the damage has been done. In order to have a better idea of such a situation, we conducted an in-depth analysis of what a cryptojacking attack would do to our computer network. We did not do that to better protect ourselves, but rather to assess what management can do after an attack happens. Furthermore, we present areas that should be taken into account when assessing damage and propose legal measures effective at the European Union level, relying on criminal, civil and data protection provisions.

EFEKTIVITAS PEMBAGIAN HARTA BERSAMA TERHADAP PERCERAIAN DI PENGADILAN AGAMA SUNGGUMINASA KELAS IB

Tujuan penelitian adalah untuk mengkaji efektivitas pembagian harta bersama terhadap perceraian di pengadilan agama sungguminasa kelas IB. Jenis penelitian hukum normative. Jenis data sekunder yaitu Putusan Pengadilan Agama Kabupaten Gowa Nomor 79/Pdt.G/2017/Pa.Sgm. Teknik pengumpulan bahan hukum Studi Kepustakaan. Analisis data kualitatif. Hasil penelitian menunjukkan efektivitas pembagian harta Bersama berasarkan putusan nomor 79/PDT.G/2017/PA. SGM telah efektif yang ditunjau berdasar kedudukan Hukum (legal standing) yang diperoleh penggugat serta partisipasi Pemerintah dan Aparat dalam membantu penggugat mendapatkan haknya efektif karena telah memenuhi mekanisme hukum yang ada. Adapun faktor-faktor yang mempengaruhi efektivitas pembagian harta bersama terhadap perceraian pada putusan nomor 79/PDT.G/2017/PA. SGM meliputi pada factor sosiologi yaitu penetapan putusan dan adanya pendukung seperti fasilitas. Sedangkan factor psikologi meliputi pada ketidakadilan ini sangat berkaitan dengan pola padang suami selaku penanggungjawab keluarga terhadap istri selaku ibu rumah tangga serta pengaruh budaya dan ideologi yang menjadi pertimbangan dalam memberikan hak seorang istri. The aim of the study was to examine the effectiveness of the sharing of joint assets on divorce in the class IB sungguminasa religion court. This study is normative legal research. The type of secondary data is the Decision of the Religion Court of Gowa Regency Number 79 / PDT. G / 2017 / Pa. Sgm. The technique of collecting legal materials used in this research is Library Research. The data analysis used is qualitative analysis. The results showed the effectiveness of sharing joint assets based on decision number 79 / PDT.G / 2017 / PA. SGM has been effective based on the legal standing obtained by the plaintiff and the participation of the Government and the Apparatus in helping the plaintiff get his / her rights effectively because it has fulfilled the existing legal mechanisms. The factors that affect the effectiveness of the sharing of joint assets include sociological factors, namely the decision making and the existence of supporters such as facilities. While the psychological factor covering this injustice is closely related to the perspective of the husband as the head of the family and the wife as a housewife, as well as the influence of culture and ideology that are considered in giving the rights of a wife.

How to Represent the Silent Environment? An Update on Germany’s Struggle to Implement Article 9 (3) of the Aarhus Convention

With Germany’s signature to the Aarhus Convention in 1998, the country committed to strengthening the legal position of environmental Non-Governmental Organisations (eNGOs). Since, traditionally, in Germany, “public interest litigation” was legally impossible, the country had to consider fundamental changes to its system of judicial review. More than 20 years later, the German implementation of Article 9(3) of the Aarhus Convention (ac) has seen several amendments, but is still cause for controversy. Despite Germany’s prolonged efforts to adapt its legislation, there are, currently, two admitted complaints concerning Germany’s system of legal standing of eNGOs waiting for a (final) decision by the ac Compliance Committee, while several cjeu judgments have clarified the much-needed interpretation of Article 9(3) ac particularly also in view of the notion of effective judicial protection. These developments, together with scholarly criticism, indicate a need for further legal change in the German approach.

‘For the trees have no tongues’: eco-feedback, speech, and the silencing of nature

When Christopher Stone argued for the extension of legal standing to natural objects, he proposed a guardianship model for representing the rights or interests of nonhuman nature. This approach requires that natural objects or systems be able to intelligibly communicate information regarding needs associated with their continued sustainable flourishing. Drawing upon both ‘law beyond the human’ approaches to legal theory and New Materialist theories about nonhuman subjectivity, we conceive of this mode of communication as a political speech act, albeit one that must be interpreted through eco-feedback collected in the study of natural systems rather than directly transmitted from speaker to listener. We then apply this conception of communication to human rights contexts in which efforts to distort or to otherwise manipulate this eco-feedback could be construed as an anti-democratic interference in speech rights, arguing for the extension of such rights to protect against such interference.

Reaction to Discrimination by Judicial Mechanisms

Chapter 4 sets out to pool the results of more than fifteen years of implementation of those provisions of RED and EED that give interested organizations an important role in providing a more effective level of protection to victims of discrimination. The chapter comparatively assesses the legal standing of NGOs in discrimination disputes and to what extent Member States have introduced also collective forms of redress. It then carries out in-depth case studies on the implementation practice in Romania, Hungary, and Germany to understand which factors (legal framework or implementation practice) influence the success or failure of a system. The research finds that the positive results of NGO litigation at individual and societal level could not be achieved because of, but despite of the role played by state authorities. Legal challenges relate to limited legal standing, sometimes restricted to certain levels of jurisdiction or certain bodies, and the fact that collective redress is foreseen only in about half of the Member States. Even where legislation is permissive, practical challenges involve an insufficient territorial coverage with NGOs acting in support of victims of discrimination, lack of funding, lack of awareness among victims about being able to turn to NGOs, lack of referencing systems, and an increasingly hostile environment vis-à-vis NGOs working for vulnerable groups. On the basis of these findings, structural, process, and outcome indicators to monitor the effective implementation of the provisions giving a role to NGOs in judicial dispute resolution are deduced.

Kajian Hukum Perbandingan Kemudahan Investasi Asing di Singapura dan di Kota Batam, Indonesia Beserta Legal Standing OSS Dalam Penerapannya

Investment is one of the first steps in moving the wheels of a country's economy. In the city of Batam itself is strongly identified with the investment climate. With its strategic location, Batam City is located adjacent to its neighboring countries, namely Singapore and Malaysia. The OSS (Online Single Submission) system emerged as one of the steps aimed at increasing the competitiveness of the global region and encouraging investment growth. However, in the OSS system there are still many obstacles both in terms of regulations and implementers of regulations that are considered less than optimal in applying electronically integrated business licenses. This is also worsen by the dualism of authority in managing the region. Looking to neighboring countries, Singapore is a favorite destination for global companies wishing to expand their business in Asia. The ease of obtaining a business license has become the main focus for this Lion Country. This study uses a normative legal research method with a comparative law approach and a statutory regulation approach. The purpose of writing this article is to study the ease of foreign investment in Singapore compared to Batam City and the legal standing of OSS in its application. Based on the research conducted, the ease of investment is examined from various factors, namely in the areas of legal certainty, taxation, employment, and licensing of the Indonesian OSS system including Batam City which still does not fully support a conducive investment climate in doing business compared to Singapore.

Are Class Actions Finally (Re)conquering Europe? Some Remarks on Directive 2020/1828

The article provides a brief overview of the background of the new European Union directive on representative actions for protection of the collective interest of consumers (Directive 2020/1828). It describes the basic elements of the directive and explains the major changes that have occurred since the European Commission issued its Recommendation document on collective redress in 2013. The author highlights the issues of the scope of application of the directive, of legal standing to bring a representative action, of collective settlements, and of the problem of funding for collective actions. This discussion puts emphasis on the need to extend legal standing to individual members of the group and articulates an appeal to national legislatures, particularly in Germany, to be more open-minded towards commercial litigation funding and the establishment of a public access-to-justice fund designed to guarantee the effectiveness of Directive 2020/1828 and its implementation.

The Death of the Data Subject

This paper situates the data privacy debate in the context of what I call the death of the data subject. My central claim is that concept of a rights-bearing data subject is being pulled in two contradictory directions at once, and that simultaneous attention to these is necessary to understand and resist the extractive practices of the data industry. Specifically, it is necessary to treat the problems facing the data subject structurally, rather than by narrowly attempting to vindicate its rights. On the one hand, the data industry argues that subjects of biometric identification lack legal standing to pursue claims in court, and Facebook recently denied that that its facial recognition software recognizes faces. On the other hand, industry takes consent to terms of service and arbitration clauses to create enforceable legal subject positions, while using promises of personalization to create a phenomenological subject that is unaware of the extent to which it is being manipulated. Data subjects thus have no legal existence when it is a matter of corporate liability, but legal accountability when it is a matter of their own liability. Successful reform should address the power asymmetries between individuals and data companies that enable this structural disempowerment.