rss_2.0Law FeedSciendo RSS Feed for Lawhttps://www.sciendo.com/subject/LAhttps://www.sciendo.comLaw Feedhttps://www.sciendo.com/subjectImages/Law.jpg700700Consumer Enforcement Opportunities – New Approaches and Trends in Hungarian Procedural Lawshttps://sciendo.com/article/10.2478/iclr-2022-0004<abstract> <title style='display:none'>Summary</title> <p>The European Union has put in place EU rules on consumer contracts and enforcement of consumer rights. These tendencies have also had a significant impact on the Hungarian legislation of recent years. We would describe some provisions of the new Hungarian Code of Civil Procedure concerning consumer enforcement and the Hungarian experience of Directive 93/13/EEC so far. The new Hungarian Code of Civil Procedure has reformed domestic rules on jurisdiction in the field of a consumer’s claim arising from a contractual relationship. The article also covers the following areas of law: Hungarian experience with foreign currency-based loan agreements, reforms to the preliminary ruling procedure in the new Hungarian Code of Civil Procedure.</p> </abstract>ARTICLE2022-09-23T00:00:00.000+00:00Collective Actions for the Protection of Consumers in the Czech Republichttps://sciendo.com/article/10.2478/iclr-2022-0002<abstract> <title style='display:none'>Summary</title> <p>The paper at hand deals with collective procedural mechanism in the Czech Republic. Class action is nowadays considered one of the main procedural tools to protect consumers. Collective procedure in business-to-consumer disputes is thus on its rise in Europe. Yet, the Czech Republic belongs to few EU Member States where consumers still cannot rely on comprehensive regulation of collective action. The paper firstly provides for a brief introduction of existing possibilities that are governed by the Czech procedural law such as right of a consumer organisation to file for representative action on injunction relief or judge’s discretion to use the consolidation of civil proceedings. Further, the article focuses on the question, whether it would be useful if the Czech consumers (or qualified entities on their behalf) could file for collective action on redress measure. The paper subsequently presents the main principles of the unsuccessful Proposal for Collective Proceedings Act, which was submitted by the former Government. Finally, the article elaborates on possible development in this matter, given a duty of the Czech legislator to implement Directive on representative actions.</p> </abstract>ARTICLE2022-09-23T00:00:00.000+00:00Rules of Consumer Redress in Hungary, in Particular Regarding the Domestic Model of Alternative Dispute Resolutionhttps://sciendo.com/article/10.2478/iclr-2022-0005<abstract> <title style='display:none'>Summary</title> <p>The Member States have sufficient leeway to maintain or flexibly shape the domestic map of consumer enforcement system within the European Union, thus reflecting the sociocultural conditions of the Member State concerned. In this study I focus on the consumer redress mechanisms in wider and narrow sense in the Hungarian legal system, highlighting the unique or special solutions.</p> </abstract>ARTICLE2022-09-23T00:00:00.000+00:00Consumer Dispute Resolution in Austriahttps://sciendo.com/article/10.2478/iclr-2022-0008<abstract> <title style='display:none'>Summary</title> <p>The author of this contribution deals with specifics of consumer disputes in Austrian civil procedure law. He analyses special provisions that address consumers in dispute resolution and general procedural rules that do not specifically apply to consumers but have their major impact on consumers. He gives an overview on the caselaw of the Austrian Supreme Court in which the Court has introduced several ways to protect the interests of consumers.</p> </abstract>ARTICLE2022-09-23T00:00:00.000+00:00Resolution of Cases for Consumer Protection under Civil Procedure in Poland. Selected Issueshttps://sciendo.com/article/10.2478/iclr-2022-0007<abstract> <title style='display:none'>Summary</title> <p>The article addresses selected issues related to the resolution of cases for consumer protection under civil procedure in Poland. Although consumer law is mainly the domain of substantive civil law, in civil procedural law there are also normative solutions concerning this issue and they will be discussed in the article. The author will present new legal instruments aimed at increasing the effectiveness of consumer protection in civil proceedings, as well as the proposed changes that should be under debate.</p> </abstract>ARTICLE2022-09-23T00:00:00.000+00:00Asymmetric Position of Consumer and Burden of Proof in Hungarian Civil Procedurehttps://sciendo.com/article/10.2478/iclr-2022-0006<abstract> <title style='display:none'>Summary</title> <p>Author of this contribution analyses the rules of the Hungarian Code of Civil Procedure and relevant case law in aim to find out if there is a special rule on taking evidence in consumer disputes. He concludes that there is no such special rule but some general rules of Code of Civil Procedure and provisions of Civil Code containing special rules on the burden of proof in some consumer cases help consumers to assert their rights in court proceedings..</p> </abstract>ARTICLE2022-09-23T00:00:00.000+00:00Procedural specifics of resolving consumer disputes in individual civil court proceedings in the Czech Republichttps://sciendo.com/article/10.2478/iclr-2022-0001<abstract> <title style='display:none'>Summary</title> <p>The regulation of consumer protection in procedural law is largely up to the individual Member States of the European Union, which have procedural autonomy in these matters. In the area of individual judicial protection, there are two possible approaches to consumer protection. The first of these is not to introduce any regulation of procedural rules, as the general legal regulation of civil court proceedings seems to be fully sufficient to meet the above requirements. The other approach is to introduce special procedural rules for consumer protection. The Czech procedural regulation is based more on the first approach. The aim of this article is to evaluate whether the regulation set in this way provides the consumer with sufficient protection and meets the requirements of the right to judicial protection and a fair trial.</p> </abstract>ARTICLE2022-09-23T00:00:00.000+00:00Procedural Specifics of Consumer Dispute Resolutions in Slovakiahttps://sciendo.com/article/10.2478/iclr-2022-0003<abstract> <title style='display:none'>Summary</title> <p>The substantive provisions protecting the consumer in contractual relations belong to the reality of European and Slovak national law, which no one dares to doubt anymore. These norms are of such importance that they have fundamentally influenced the nature of civil law in general. In order for civil procedure to fulfil its basic function in this area, that is, to protect and enforce substantive law and to be a means of protecting subjective rights and legally protected interests, it must ‘keep up’ with the development of substantive law. Procedural law ensures the fullfilment of consumer rights as well. This article crearly describes the procedural specifics of consumer dispute resolutions in Slovakia. It brings the overview of the system of procedural protection as o whole but also focuses deeper on specifics of consumer disputes in standard civil procedure before general courts. The article also briefly describes the system of alternative dispute resolution for consumer disputes and system of consumer procedural protection in administrative and criminal proceedings.</p> </abstract>ARTICLE2022-09-23T00:00:00.000+00:00Autonomous Interpretation by the European Court of Human Rights and Margin of Appreciationhttps://sciendo.com/article/10.2478/iclr-2022-0009<abstract> <title style='display:none'>Summary</title> <p>The article is devoted to the problem of interpretation and application in practice of the European human rights standards through autonomous interpretation, as well as to the definition of the role and significance of the doctrine of margin of appreciation in this process. The relevance of the subject matter of research is due to the need to implement effective mechanisms for ensuring and protecting key human rights and freedoms in Ukraine, the establishment of the European principles of law and the European identity. The purpose of the study is a comprehensive analysis of the formation and evolution of the doctrine of autonomous interpretation in the jurisprudence of the European Court of Human Rights by studying and synthesizing judicial practice on the application of autonomous interpretation and elaboration on this basis of a system of autonomous concepts that reflect the common European vision of fundamental human rights and are also a kind of foundation of the European human rights law. The methodological basis of the paper are philosophical, general scientific and special research methods, in particular, dialectical, historical, logical, systemic, sociological, and comparative methods. The study concludes that it is through autonomous interpretation based on the European consensus that the European Court of Human Rights establishes imperative standards for the interpretation and application of human rights in practice, which prevents certain violations by particular member states of the Council of Europe, as well as supports the convergence and harmonization of different national legal systems, which contributes to the formation of the most homogeneous legal environment and the European system of human rights protection. The practical feasibility of the study is aimed primarily at applying autonomous concepts in practice, prima facie, by the judiciary.</p> </abstract>ARTICLE2022-09-23T00:00:00.000+00:00Draft Legally Binding Instrument on Business and Human Rights – Is UN Stepping Twice into the Same River?https://sciendo.com/article/10.2478/iclr-2022-0010<abstract> <title style='display:none'>Summary</title> <p>Discussions of preventing and addressing adverse impact of business activities on human rights have occupied international community at least for the last fifty years. This article discusses successes and failures of past attempts, a state of play of negotiating legally binding instrument and alternative approaches to the current path. It suggests that the way forward for a successful treaty on business and human rights is maintaining key objectives of the draft, namely access to remedy and justice for victims of corporate abuses, balanced with cross regional support among States. Alternative approaches may be worth exploring if they would promise of delivering this balance. In this context, a new group of friends may contribute to changing of dynamics of discussions and mindsets of key players.</p> </abstract>ARTICLE2022-09-23T00:00:00.000+00:00Post-Brexit European Map: the New Continental Status Quo and Institutional Decision-Makinghttps://sciendo.com/article/10.2478/iclr-2022-0011<abstract> <title style='display:none'>Summary</title> <p>Brexit became part of the European public consciousness following the 2016 referendum. We are only just starting to realize the actual effects and consequences of the UK’s withdrawal in multiple issues. The article analyzes the new, post-Brexit continental status quo and the changing trends in institutional decision-making. The position and dominance of the Member States are reflected in their role in the EU institutions. The weight of the Member States in decision-making also has a significant impact on the development of individual common policies. Brexit has strengthened the dominance of Germany and France. However, it also affected the position of Central and Eastern European states. Poland has become one of the “big Member States” that could make the combined dominance of the Visegrád states (Poland, Czech Republic, Hungary, and Slovakia) more relevant in forming the future of the EU..</p> </abstract>ARTICLE2022-09-23T00:00:00.000+00:00European Studieshttps://sciendo.com/journal/EUSTU<P><EM>European Studies – The Review of European Law, Economics and Politics</EM> is a peer-reviewed periodical, originally established as a year-book of the Czech Association for European Studies and Jean Monnet Centre of Excellence in EU Law at Faculty of Law, Palacký University Olomouc. Since 2022, it has been published as a semi-annual review released twice a year. The presented journal reflects the interdisciplinary character of this scientific society; therefore, it is not limited to only one discipline within the European studies; on the contrary, it pursues a multi-disciplinary approach and analyses various aspects of the European integration. That is why the concept of the journal integrates scientific articles and expertise not only from the field of European law but also from European economy, European political science, EC/EU history and other relevant disciplines relating to the analysis of supranational entities as well. </P> <P><STRONG>Archiving </STRONG></P> <P>Sciendo archives the contents of this journal in <A href="https://www.portico.org/">Portico</A> - digital long-term preservation service of scholarly books, journals and collections. </P> <P><STRONG>Plagiarism Policy</STRONG> </P> <P>The editorial board is participating in a growing community of <A href="https://www.crossref.org/services/similarity-check/">Similarity Check System</A>'s users in order to ensure that the content published is original and trustworthy. Similarity Check is a medium that allows for comprehensive manuscripts screening, aimed to eliminate plagiarism and provide a high standard and quality peer-review process. </P> JOURNAL2014-12-01T00:00:00.000+00:00Donald Trump's Clemencies: Unconventional Acts, Conventional Justificationshttps://sciendo.com/article/10.2478/bjals-2022-0005<abstract> <title style='display:none'>Abstract</title> <p>During his four years as President Donald Trump's use of the clemency power generated considerable controversy. Much scholarship documents the fact that he ignored the traditional procedures for reviewing and approving requests for pardons and commutations. Trump used clemency to favor a rogues gallery of cronies, celebrities and those whose crimes showed particular contempt for the law. However, few scholars have examined the justifications he offered when he granted pardons and commutations. This paper fills that gap. We argue that because the clemency power sits uneasily with democracy and the rule of law, when Presidents use this power they feel the need to supply justifications. We report on a study of Trump's clemency justifications that suggests that while his clemencies themselves were often controversial and his means of communicating about them unconventional, the reasons he gave for them were generally quite conventional and continuous with the justifications offered by his predecessors for their pardons and commutations.</p> </abstract>ARTICLE2022-09-12T00:00:00.000+00:00Founding Authority: Authority, the Authoritative, and John Marshall's https://sciendo.com/article/10.2478/bjals-2022-0006<abstract> <title style='display:none'>Abstract</title> <p>Lacking the powers of the “purse or the sword,” the U.S. Supreme Court is particularly dependent upon maintaining “authority” in order to ensure recognition of its constitutional rulings. Such authority allows the Court to operate against the majority and to survive as a political institution despite lacking a basis in popular will. In one understanding of the Court's position, that authority sits outside of politics, and calls upon a pre-existing and accepted relationship in order to navigate the absence of power and force. Linking authority to a pre-existing relationship and a non-political role, the Supreme Court can be seen as countermajoritarian by design. Calling on an authority which sits outside of political life, by necessity it lacks attachment to the political majority of any given era, and instead binds the nation to a constitution which sits above and beyond politics. However a second approach to authority emphasizes not a relationship to a past moment or pre-political relationship but rather the collective recognition of authority. This view of authority looks to Flathman's conception of “the authoritative,” defined in terms of “the web of conventions” that link power and authority, to situate authority within the current moment. Examining a central moment within the development of the U.S. Supreme Court's authority, the case of McCulloch vs. Maryland, this article argues that it is the second view of authority that most readily captures the authority of the Court. Through a close reading of Chief Justice John Marshall's opinion in McCulloch vs. Maryland, the article shows that while appeals to a founding moment were important within that opinion, these appeals can be productively understood as reflective of the authoritative ethos of the early American Republic. Framed in this manner, the opinion sought to generate authority not by a link to the past but through connection to a contingent sense of the authoritative. Crucially, such an approach positions constitutional authority within the contemporary political realm and offers the possibility of a constitutional politics less anchored in a particular historical moment of founding.</p> </abstract>ARTICLE2022-08-19T00:00:00.000+00:00Legal Aspects of the Quinoa Imports Into the EUhttps://sciendo.com/article/10.2478/eual-2022-0003<abstract> <title style='display:none'>Abstract</title> <p>Quinoa is known in the EU as superfood due to the high level of protein, fibre, micronutrients, and amino acids. It is come from South America; however, quinoa is currently grown in various parts of the world. Nevertheless, the domestic continent, especially countries such as Peru and Bolivia, is one of the world’s largest producers and exporters of quinoa. One third of Peru’s quinoa production is imported to European Union. Despite the conclusion of an agreement with Peru and Bolivia that eliminated quinoa tariffs, there are many legal regulations of the EU that affects import of quinoa into the EU countries including the food safety and quality, food labelling, organic labels and nutrition and health claims, food packaging and shipment. The article deals with the most important EU legal norms of quinoa imports that must be complied with when importing quinoa.</p> </abstract>ARTICLE2022-08-05T00:00:00.000+00:00Common Agricultural Policy in the EU and the Ministry of Agriculture in the Czech Republic with a Focus on Environmental and Consumer Protection and Support for Smeshttps://sciendo.com/article/10.2478/eual-2022-0002<abstract> <title style='display:none'>Abstract</title> <p>The common agricultural policy and the implementation of this policy represent a relatively high part of the costs in the EU budget. From this point of view, the content of the common agricultural policy is important to meet both the primary objective (production of agricultural products) and the secondary objectives (sustainable development, soil protection, consumer and environmental protection).</p> </abstract>ARTICLE2022-08-05T00:00:00.000+00:00Implementation of Waste Management Program: Case Study of Self–Government Unit of Bački Petrovac in Serbiahttps://sciendo.com/article/10.2478/eual-2022-0005<abstract> <title style='display:none'>Abstract</title> <p>As part of the negotiations for EU accession, the Republic of Serbia through Chapter 27 (Poglavlje 27 u Srbiji: Napredak pod ključem<sup>(1)</sup>), has begun the process of establishing a waste management system and adapting it to the goals and acquis communautaire<sup>(2)</sup>. The key document in Serbia that aims for environmental awareness is called the Waste Management Program of the Republic of Serbia. Followed by the Waste Management Program of the Republic of Serbia, the Regional Waste Management Plan for 2019–2028 has been created and is addressing waste management and establishing a Regional Centre in the city of Novi Sad for Waste Management. Furthermore, the Local Waste Management Plan for the self–government unit of Bački Petrovac has been adopted in May 2021.</p> </abstract>ARTICLE2022-08-05T00:00:00.000+00:00An Overview of Selected Tools and Strategies for Agricultural Land Protection in Slovakia and the European Unionhttps://sciendo.com/article/10.2478/eual-2022-0004<abstract> <title style='display:none'>Abstract</title> <p>Agricultural land, as a component of the environment, is one of the irreplaceable natural resources and, at the same time, through its functions, is an integral part of the quality of human lives. Several international institutions or scientists point to problems with land loss or decline in quality and, ultimately, to the increased need for soil protection, based on which governments implement various tools. The aim of the paper is therefore to compile a general overview of existing tools for the protection of agricultural land in Slovakia and to analyse selected strategies for land protection in the EU. The main source of information was represented by literary sources of publications by scientific researchers, Slovak and European bodies or institutions, and, last but not least, legal acts. The paper points to a wide range of existing tools and innovative strategies for the protection of agricultural land in Slovakia and the EU.</p> </abstract>ARTICLE2022-08-05T00:00:00.000+00:00Legal Regulation of Unfair Trade Practices in Food Supply Chainhttps://sciendo.com/article/10.2478/eual-2022-0001<abstract> <title style='display:none'>Abstract</title> <p>Recent changes in concentration in the EU markets affected also the organisation of the food supply chains. These significant changes severely impacted especially small and medium–sized enterprises which are likely to be exposed to unfair trading practices. Imbalances in bargaining power between large and small enterprises lead to competition inequalities and unfair trade practices that need a specific legislation governance. This paper provides an overview of the Slovak and EU legislation regulating unfair trade practices in agro–food sector. The main aim of both the European and Slovak legal acts regulating unfair trading practices is to ensure protection and fair income for businesses and quality and wider choice for consumers. In addition, the article also brings the overview of the EU directive transposition to the legal framework of individual EU member states.</p> </abstract>ARTICLE2022-08-05T00:00:00.000+00:00Surveillance, Whistleblowing or Ignorance of the GDPR?https://sciendo.com/article/10.2478/wrlae-2021-0015<abstract> <title style='display:none'>Abstract</title> <p>The article is an attempt to draw attention to the intention of the Ministry of Family and Social Policy to shape its own legal policy with regard to the ability of the officials of the Social Insurance Institution (ZUS) to obtain information about individuals subject to official control. Within the proposed changes to Art. 61a of the Act of 25 June 1999 on cash benefits from social insurance in the event of sickness and maternity (Journal of Laws 1999, 60.636, as amended), the Ministry, not taking into account the requirement to ensure the existence of constitutionally guaranteed rights and freedoms, consciously shapes the law positive for full-range surveillance of every person covered by the interest of ZUS. In such circumstances, after adopting the amendments by the Polish Parliament (Sejm), ZUS will be included in the group of law enforcement authorities, as the scope of powers and possibilities its officials in the field have of obtaining information will be unlimited.</p> </abstract>ARTICLE2022-07-16T00:00:00.000+00:00en-us-1