PROSPECTS FOR THE COMMERCIAL OPERATION OF NORD STREAM 2

In early September 2021, the construction of the Northern stream – 2 рroject (NS-2) was completed. Its operator, Nord Stream 2 AG, has submitted documents for certification of the gas pipeline. The Federal Network Agency of Germany (BNetzA) is responsible for this process, which refused to grant the SP-2 operator an independent status. In November 2021, the German regulator agreed with him on the need to create a subsidiary in the Federal Republic of Germany. It must meet the requirements of German legislation and the Third Energy Package of the European Union. Contrary to the optimistic forecasts of experts and the expectations of Gazprom, the start of commercial operation of the project was postponed to 2022. BNetzA’s decision coincided with the adoption of the next US sanctions against the SP-2 participants and the creation of a new government coalition in Germany. Opponents of the project from the Union 90 / Greens party entered the new cabinet of ministers. The SP-2 is not mentioned in the coalition agreement that defines the future relations of Germany with the Russian Federation. The author, based on the analysis of original sources, examines the reasons for the delay in project certification; its role and place in the strategy of the new German cabinet of ministers; assesses the prospects for the start of commercial operation of the NS-2 in the context of continued opposition from Poland and Ukraine, as well as American sanctions mechanisms and confrontation in this matter from the US Congress and the President.

The order of property realisation in bankruptcy (insolvency) procedure under the law of Ukraine and Germany

The article represents a comparative legal study of the specifics of the order of debtor's property realisation in the bankruptcy procedure under the law of Ukraine and Germany through the application of hermeneutic (used in accessing the essence of the legal framework and judicial practice); axiological (in determining the evaluative base) along with phenomenological (and the nature of the phenomena); systematic (modeling of the functioning systems) methodological toolkit. The authors emphasise the importance of legal provisions governing the sale of the debtor's property, due to the natural proximity of this stage of the competitive process to the financial component, which, in turn, is inevitably associated with various abuses. An electronic trading system had been recently introduced in Ukraine, on which therefore many hopes and expectations were relied upon. However, the electronic trading system did not cope with tasks set, and many new problems were added to the old ones. The article states that the existence of problematic issues in the procedure of bankrupt property realisation is confirmed, in particular, by the court practice. However, judicial practice in itself often becomes a source of problems. The article pays special attention to the German legislation, which uses a radically opposite model of property sale in insolvency proceedings. The authors justifiably propose to make certain changes to the Ukrainian legislation, by using the positive experience of Germany. As a result of a comparative legal analysis of the legislation of Ukraine and Germany, the authors provide ways of solving the raised issues in the article. The implementation of the recommendations submitted within this comparative-legal study should improve the quality of bankruptcy proceedings, reduce the number of abuses by insolvency trustees, as well as protect the rights and property interests of competitive creditors and creditors with the right of separate satisfaction

Handling of Incidents in the Clinical Application of Ionizing Radiation in Diagnostic and Interventional Radiology – a Multi-center Study

Purpose According to the German legislation and regulation of radiation protection, i. e. Strahlenschutzgesetz und Strahlenschutzverordnung (StrlSchG and StrlSchV), which came into force on 31st December 2018, significant unintended or accidential exposures have to be reported to the competent authority. Furthermore, facilities have to implement measures to prevent and to recognize unintended or accidental exposures as well as to reduce their consequences. We developed a process to register incidents and tested its application in the framework of a multi-center-study. Materials and Methods Over a period of 12 months, 16 institutions for x-ray diagnostics and interventions, documented their incidents. Documentation of the incidents was conducted using the software CIRSrad, which was developed, released for testing purposes and implemented in the frame of the study. Reporting criteria of the project were selected to be more sensitive compared to the legal criteria specifying “significant incidents”. Reported incidents were evaluated after four, eight, and twelve months. Finally, all participating institutions were interviewed on their experience with the software and the correlated effort. Results The rate of reported incidents varied between institutions as well as between modalities. The majority of incidents were reported in conventional x-ray imaging, followed by computed tomography and therapeutic interventions. Incidents were attributed to several different causes, amongst others to the technical setup and patient positioning (19 %) and patient movement or insufficient cooperativeness of the patient (18 %). Most incidents were below corresponding thresholds stated in StrlSchV. The workload for documenting the incidents was rated as appropriate. Conclusion It is possible to monitor and handle incidents complient with legal requirements with an acceptable effort. The number of reported incidents can be increased by frequent trainings on the detection and the processing workflow, on the software and legal regulation as well as by a transparent error handling within the institution. Key Points: Citation Format

When I use a word . . . . The Precautionary Principle: a brief history

Two ideas precede the modern Precautionary Principle. First, that prevention is better than cure, exemplified by an aphorism in an early 13th century book of Jewish aphorisms, the Sefer Hasidim : “Who is a skilled physician? He who can prevent sickness.” Secondly, Thomas Sydenham’s 17th century assertion that in healthcare it is important above all not to do harm, “primum est ut non nocere.” These two ideas come together in the Vorsorgeprinzip, which was incorporated into German legislation for maintaining clean air in the 1960s and 1970s, and first appeared in English-language documents in 1982, which referred to taking a precautionary approach or precautionary measures, or more formally as the Precautionary Principle. The principle features in international documents such as the Rio Declaration and in many pieces of EU legislation relating to topics as diverse as genetically modified organisms, food safety, the safety of toys, and invasion of alien species of animals, plants, fungi, or microorganisms.

On the Subject of Testamentary Burden against the Background of German Law

The making of a last will and testament by a testator is an act in law. The testator is entitled to make specific dispositions to execute their last will, such as identifying an heir, making ordinary or vindication legacies, or appointing an executor of the will. At the same time, the number of potential aims intended to be achieved by the testator corresponds to the number of possible life situations that cannot be resolved through the testator’s dispositions regarding their estate. It is therefore necessary to equip the testator with such legal means that will allow them to achieve both material and non-material objectives. This is the role of the institution of testamentary burden. It has been regulated in the Polish legal system only superficially; therefore, the author refers to the legacy of German legislation to offer a better understanding of the solution.

EFFECTIVENESS AS THE MAIN CRITERION FOR TECHNICAL MEANS OF COPYRIGHT PROTECTION UNDER GERMAN LAW

Introduction. The article provides an overview of the legal regulation of copyright protection using technical means of protection. German law states that technical means of copyright protection are technologies, devices, and their components. Such technical means are created to prevent or impede illegal actions of users that are not authorized by the copyright holder in relation to the results of intellectual activity. At the same time the legislator pays special attention to the fact that the distinguishing criterion of a technical means of protection against other methods of protection is effectiveness. In the article the authors analyze the legal consolidation of the specified criterion as a distinctive feature of technical means of copyright protection, and also consider the concept and cases of bypassing technical means of protection provided for by German law. Materials and methods. The methodological basis of the research is formed by the following general scientific and special methods of cognition of legal phenomena and processes in the field of intellectual law: the method of system-structural analysis; method of synthesis of social and legal phenomena; comparative legal method; formal logical method. Results. As a result of the analysis it was revealed that according to German law the distinguishing feature of technical means of copyright protection from other methods of protection is the criterion of effectiveness. A technical protection device is recognized by the German legislator as effective if the technical protection device cannot be bypassed without the consent of the copyright holder. In the context of the effectiveness of a technical means of protection, German legislation broadly defines the concept of circumvention of technical means. German copyright law, unlike other foreign jurisdictions, contains provisions prohibiting the removal of a technical remedy.Discussions and Conclusions. The main criteria for technical means of copyright protection under German law have been studied, the fundamental of which is the criterion of the effectiveness of a technical means. Cases of circumvention of technical means of copyright protection provided for by German law have been identified. The legal regulation of the ban on the removal of technical means of protection has been explored.

Blood Donation-Related Adverse Reactions: Results of an Online Survey among Donors in Germany (2018)

<b><i>Introduction:</i></b> According to German legislation, reports of suspected serious adverse reactions (AR) associated with the donation of blood and its components are continuously being evaluated by the Paul-Ehrlich-Institut. This survey aimed at providing a more complete picture of the AR associated with the donation of blood and blood components. <b><i>Materials and Methods:</i></b> Eligible donors had the opportunity to anonymously report all AR occurring during or after their last donation by completing an online questionnaire. Reported AR were classified according to the Standard for Surveillance of Complications Related to Blood Donation. Donors’ self-assessment of AR seriousness was compared with the official severity classification as laid down by German legislation. Besides a descriptive statistical analysis, a multiple logistic analysis was performed to identify risk factors for AR. <b><i>Results:</i></b> A total of 8,138 data records were evaluated. Slightly more males (57.9%) participated in the survey and, except for donors aged ≥60 years, all age groups were equally represented. The majority of participants were whole blood donors (85.4%), repeat donors (97.2%), and stayed under observation in the blood establishment (BE) for more than 5 min (63.1%) after donation. Most participants did not report any reaction (72.5%), whereas 2,237 reported at least one AR (27.5%), 475 of whom underwent apheresis and 1,762 donated whole blood. Most AR occurred after leaving the BE (64.4%). Only a minority of participants required medical treatment (5.1%) or assessed the experienced AR as serious (3.9%). The most frequently reported donor AR were haematoma and other local reactions (57.6%). Vasovagal reactions without and with loss of consciousness were developed in 17 and 2% of the participants, respectively, whilst 7.6% experienced citrate reactions. New AR (i.e., allergic reactions and symptoms associated with iron deficiency) were reported as well. The occurrence of AR was linked to risk factors (i.e., female gender, young age, first-time donation, and thrombocytapheresis). <b><i>Discussion:</i></b> This survey yielded a more comprehensive AR spectrum, revealed a prolonged time to symptom onset, and identified risk factors for AR. This novel information could be implemented in an amended informed consent addressing common and rare AR.

Production and Destination of Sewage Sludge in the Piemonte Region (Italy): The Results of a Survey for a Future Sustainable Management

The management of sewage sludge originated from municipal wastewater treatment plants (WWTPs) is an urgent issue. In 2019, the local authority of the Piemonte region started a survey with the aim of collecting recent data concerning wastewater and sludge management in the WWTPs located in its own territory. The survey’s results revealed that 60% of the sludge (51,000 t, as dry substance, d.s.) produced by the local WWTPs was recovered or disposed of outside of the region, and a similar amount of sludge was recovered in agriculture directly or after composting. The increase in the costs to accommodate sewage sludge in recovery or disposal plants, followed to a recent Italian Sentence (27958/2017), and the more and more stringent requirements fixed by lots of European countries for the application of sludge in agriculture, are pushing the Piemonte region authority to re-organize its own network for sludge management, with solutions based onto proximity and diversification. Whether the provisions of the current German legislation are applied in the future also in Italy, approx. 90% of sewage sludge produced into the Piemonte region should be incinerated, with a subsequent step of phosphorous recovery. The new regional plan, according to the Regional Address Deed, should consider a diversification of sludge treatment and recovery practices. On this basis, a need for new plants for around 40,000 t d.s./y could be planned.

Wpływ ustawodawstwa III Rzeszy na polskie projekty ustaw eugenicznych (1933–1939)

The matter of development of the eugenic movement Has already been described in the Polish science. A lot has been written regarding both the law of the Third Reich, as well as the history of the Polish eugenic movement. However Polish project of eugenic laws have never been thoroughly analyzed from the legal point of view, despite this topic being an object to commentaries in the Interwar period. Up to this point no one attempted to analyze how strongly did the Nazi eugenic concepts influenced the Polish projects of eugenic laws. According to some authors such inspirations are easily noticeable. Thus the thesis that the German law strongly influenced the Polish projects shall be subjected to a critical analysis. The goal of the paper is to compare the German eugenic law with Polish concepts on that matter, especially projects made by Leon Wernic. Due to the use of the comparative legal analysis in the historical perspective, it was possible to indicate the similarities and dissimilarities between the Polish projects and the Nazi laws: Law for the Prevention of Hereditary and diseases of offspring; the Nuremberg Laws; the Law for the Protection of the Health of the German People. The Polish drafts include the Preventive Eugenics Act published in 1934, the drafts of four eugenics laws published in 1935; project of the law: ,,On the inhibition of reproduction of dysgenic individuals” created by Wernic; draft of the law ,,On the inhibition of undesirable reproduction” made by Witold Łuniewski and ,,Eugenics Laws” prepared by Bohdan Ostromęcki. The so-called „Eugenics Act” of 1938 has also been analyzed. The paper indicates that although Wernic explicitly pointed out his inspiration by German and Italian legislation, his concepts as well as concepts of other Polish eugenicists are original. Similarities with German legislation can be seen for example in the procedure of sterilization or a certain concordance of the catalog of diseases which qualified for sterilization. The Polish proposals, however, were not identical with the Nazi proposals. Neither were they racist or anti-Jewish in content. Moreover, the role of so-called positive eugenics was more strongly emphasized in Poland than in Germany.