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The rule of law in response to the COVID-19 emergency: a comparative analysis
Publication Type: Academic Journal
Source(s): Revista Catalana de Dret Públic, Vol 0, Iss 66, Pp 188-203 (2023)
Abstract: This work presents an analysis of the measures adopted by leading democratic countries in response to the COVID-19 emergency, and the compatibility issues that arose between these measures and the guarantees of the rule of law. The global and simultane...
Bases and Nature of Termination of Contract for convenience of Employer in International Investment Contracts (Comparative Study of US and Iranian Law)
Publication Type: Academic Journal
Source(s): پژوهشهای حقوقی, Vol 22, Iss 53, Pp 61-86 (2023)
Abstract: In international investment agreements that a government enters into with foreign investors, the investee government may terminate the agreement between itself and the foreign investor unilaterally for reasons such as safeguarding its interests. Termin...
Systemic Breaches of EU Environmental Law and Techniques of Judicial Engagement with Science: the Underused Potential of Infringement Proceedings
Publication Type: Academic Journal
Source(s): German Law Journal, Vol 24, Pp 948-961 (2023)
Abstract: Environmental law has long been an area of concern in terms of correct implementation and enforcement. In this context, the Commission’s enforcement focus has been on “systemic” breaches of environmental law (that is, breaches that form part of a patte...
The Untapped Potential of the Systemic Criterion in the ECJ’s Case Law on Judicial Independence
Publication Type: Academic Journal
Source(s): German Law Journal, Vol 24, Pp 995-1010 (2023)
Abstract: This article explores the use of the systemic criterion in the European Court of Justice’s (ECJ) case law on judicial independence under Article 19(1)(2) Treaty on European Union (TEU). It starts from the observation that ever since the Portuguese Judg...
Considerații cu privire la regimul juridic al terenurilor în lumina dreptului Uniunii Europene // Considerations regarding the legal regime of the land in the light of European Union law
Publication Type: Academic Journal
Source(s): Analele Ştiinţifice ale Universităţii "Al.I. Cuza" din Iaşi. Ştiinţe Juridice, Vol 69, Iss 2, Pp 123-134 (2023)
Abstract: This article analyses the legal regime of land adopted by the Romania and other member states by reference to European legal norms. In this sense, the paper is divided into three parts. The first part is intended for the national legal framework, in th...
„Arhitecturi' ale dreptului societar de la metafore la realismul contemporan// 'Architectures' of corporate law from metaphors to contemporary realism
Publication Type: Academic Journal
Source(s): Analele Ştiinţifice ale Universităţii "Al.I. Cuza" din Iaşi. Ştiinţe Juridice, Vol 69, Iss 2, Pp 149-159 (2023)
Abstract: Initially creating a legal order based on abstract techniques and procedures, company law seems to be undergoing transformations, today, under the impulse of the phenomenon of ”deformalization” of law. Now, its two basic concepts – the company and lega...
Futurities of Law. Toward the Legal Design of the Next Society
Publication Type: Academic Journal
Source(s): Ancilla Iuris, Vol 2023, Pp 1-28 (2023)
Abstract: The law of the future faces fundamental challenges that it cannot overcome merely with “tried and tested” doctrine. Nor can it take methodological refuge in a supposedly apolitical hermeneutic or in a one-sided application of empirical methods. Its tas...
THE LAW «ON THE GENERAL PRINCIPLES OF BIOETHICS AND EVIDENCE-BASED MEDICINE IN THE FIELD OF SCIENCE, HEALTH CARE AND HUMAN WELFARE»: PREREQUISITES OF ADOPTION, STRUCTURE, FUNCTIONS
Publication Type: Academic Journal
Source(s): Правовое государство: теория и практика, Vol 19, Iss 1(71), Pp 75-82 (2023)
Abstract: The modern development of biological science, medicine and law, accompanied by an interdisciplinary mutual «intrusion» of these sciences into the sphere of technological manipulations with the human genome, has led to the need for adequate legal regula...
'Systemic Violations' in EU Asylum Law: Cover or Catalyst?
Publication Type: Academic Journal
Source(s): German Law Journal, Vol 24, Pp 982-994 (2023)
Abstract: The concept of a systemic fundamental rights violation refers to a particular set of violations that are both widespread and embedded, so their reoccurrence may be assumed to be likely. It takes on at least two distinctive roles in EU asylum law and po...
The Systemic and the Particular in European Law—Judicial Cooperation in Criminal Matters
Publication Type: Academic Journal
Source(s): German Law Journal, Vol 24, Pp 962-981 (2023)
Abstract: The article discusses the role for systemic and particular deficiencies in EU criminal law. It does so by analyzing in depth that law as regards the European Arrest Warrant (EAW), but also across measures of EU criminal law that have not yet been explo...