Search results for "050502 law"
showing 10 items of 25 documents
Simplified restructuring proceedings in Poland as an example of anti – crisis regulation due to the COVID-19 pandemic
2020
Summary The study discusses new legislative anti – crisis solutions adopted in Poland in connection with the COVID – 19 pandemic. The Polish legislator decided to introduce the so-called simplified restructuring procedure. This happened in the face of the expectations of both the jurisprudence of law and practice. On the one hand, the simplified restructuring procedure (the fifth independent type of restructuring procedure for an entrepreneur in Poland) allows for a quick, cheap and simplified conclusion of an arrangement with creditors outside the court, then approved by the court. On the other hand, the opening of such proceedings gives the debtor protection against enforcement at the cre…
Deep Interpretive Disagreements and Theory of Legal Interpretation
2016
This paper deals with deep interpretive disagreements (DID): very profound divergences that may occur in legal interpretation (on single cases, or on similar cases) among judges and jurists. These divergences involve alternative interpretations of certain expressions or phrases (for instance, “human person”, “dignity”, “personal autonomy”, “life”, “health”) and may lead, under certain conditions, to incompatible interpretations of the legal sentences that incorporate these expressions. The most important examples of this kind of legal sentences are constitutional provisions that express principles asserting legal rights. The main thesis of this paper is that DID represent genuine, faultless…
The micro-politics of parliamentary powers : European parliament strategies for expanding its influence in the EU institutional system
2018
The European Parliament (EP) has gained considerable new powers since it was first established in 1952. Why has this happened, and how should the powers the EP possesses be assessed? This article suggests a novel approach that focuses on inter-institutional micropolitics and the processes in which the EP obtained its powers rather than treaty changes at IGCs. Interinstitutional micropolitics are carried out by institutions and their members who act politically and shape the EU’s system from within. The EP’s successes in interinstitutional micropolitics are shaped by (1) its existing powers that need to be assessed in their differentiation; (2) the interparliamentary setting and the power co…
Democratic Principles and the Economic Branch of the European Monetary Union
2017
L'articolo si propone di indagare sul valore che i vari principi democratici enunciati nel TUE hanno nello specifico settore dell'UEM, in particolare nel pilastro della politica economica, dopo l'entrata in vigore delle riforme contenute nel Six pack e nel successivo Two Pack. Il lavoro intende in particolare rispondere a tre domande: A) le regole contenute nel six pack e nel two pack in tema di controllo democratico sono espressione di un preciso modello di controllo democratico sulle scelte di politica economica nell'ambito dell'UEM? B) E' un simile modello compatibile con i principi democratici del TUE? C) I principi democratici non rappresentativi possono compensare il minor peso che vi…
Analysis of surrogacy motherhood as a new technology in the biomedical and legal-philosophical field: technical advance, human recoil
2019
[EN] Surrogate motherhood is a question that has appeared in recent times, with increasing incidence, at present. The economic, political and media powers have brought a strictly technical concept to the public in order to familiarize them with this technique. This strategy has been based on the natural tendency to consider that any technological advance is good in itself, so that they have not been reviewed and made available to the citizens, in a reasonable manner, none of the issues that should be dealt with this technique. Thus, it is worth making a study of the regulations and jurisprudence of the assumptions that have been taking place and considering the reality that this formulation…
On the Substitutability between Paid-employment and Self-employment: Evidence from the Period 1969–2014 in the United States
2019
This paper provides estimates of the elasticity of substitution between operational and managerial jobs in the US economy during the years 1969–2014, derived from an aggregate CES production function. Estimating the long-term relationship between (the log of) the aggregate employment/self-employment ratio and (the log of) the returns from paid-employment relative to self-employment and testing for structural breaks, we report different estimates of the elasticity of substitution in each of the two regimes identified. To this end we apply the methodology on instability tests proposed in Kejriwal and Perron (2008, 2010) as well as the cointegration tests developed in Arai and Kurozumi (2007) …
Mass data gathering and surveillance: the fight against facial recognition technology in the globalized world
2020
The growing use of facial recognition technologies has put them under the regulatory spotlight all around the world. The EU considers to regulate facial regulation technologies as a part of initiative of creating ethical and legal framework for trustworthy artificial intelligence. These technologies are attracting attention of the EU data protection authorities, e.g. in Sweden and the UK. In May, San Francisco was the first city in the US to ban police and other government agencies from using facial recognition technology, soon followed by other US cities. The paper aims to analyze the impact of facial recognition technology on the fundamental rights and values as well as the development of…
Attempts for Common Understanding of the Concept of Worker as a Consequence of Globalisation?
2017
AbstractGlobalisation may concern many different issues, among others, the increase in migration that creates opportunities for all. There should be no doubt that globalisation can bring both positive and negative effects to workers. It can be seen as new opportunities for people, because they can travel, work, learn and live in different countries. Simultaneously however it can be perceived as synonymous to job losses, social injustice, or low environmental, health, and privacy standards. As a result of globalisation, the world is becoming more and more complex and the economic importance of state borders is reduced. It should therefore not raise doubts, that global problems require the ca…
Professionalization as Status Adaptation: The Nobility, the Bureaucracy, and the Modernization of the Legal Profession in Finland
1991
In contrast to Anglo-American lines of professional development, the central agent of professionalization in many Continental countries was the state bureaucracy. However, this article proposes that an understanding of the class structure of traditional society is also needed to explain the privileged position of lawyers. An historical study of lawyers in the 19th century, after Finland was annexed by Russia, demonstrates that the legal profession provided the nobility an important medium of adaptation to the new society. The importance of the legal profession initially to the state bureaucracy, and subsequently to the nobility, explains its social prominence and its future development. An …
The Crisis of Free Movement in the European Union
2017
L’articolo argomenta che la costruzione istituzionale del processo di integrazione dell’Unione europea ha promosso la libera circolazione, producendo pero un effetto boomerang a causa delle dinamiche meccanicistiche che la caratterizzano. La reazione contro la liberta di movimento si manifesta nella riduzione dei diritti sociali riconosciuti ai cittadini , che a sua volta produce un incremento della precarieta dei migranti interni. Considerato l’elevato numero di cittadini UE mobili, limitare il loro accesso alla cittadinanza significa creare una vasta sottoclasse, poiche gli individui possono muoversi da un posto all’altro per lavorare, ma hanno un accesso differenziato ai diritti sociali …