The recognition of indigenous peoples as subjects of rights by the 1988 Brazilian constitutional as well as the development of International Law opened the way for establishing, at least in a theoretical perspective, an “essential core of rights” of indigenous peoples, surpassing the historical integrationism. However, these norms vary significantly with a reality marked by the permanence of integrationist practices, asserted by the state, as is the case of “timeframe thesis”. Therefore, the aim of this paper is to critically analyse, landed on the fields of constitutional theory and legal sociology, the essential core of indigenous peoples’ rights in Brazil, pointing to the current issues that hinder or hamper its enforcement. Keywords: Indigenous peoples’ rights; Brazil; Indigenous Constitutional Law; Human rights.
{"title":"Indigenous Peoples’ Rights in Brazil: A Conceptual Framework on Indigenous Constitutional Law","authors":"Thiago Burckhart","doi":"10.30958/ajl.9-3-8","DOIUrl":"https://doi.org/10.30958/ajl.9-3-8","url":null,"abstract":"The recognition of indigenous peoples as subjects of rights by the 1988 Brazilian constitutional as well as the development of International Law opened the way for establishing, at least in a theoretical perspective, an “essential core of rights” of indigenous peoples, surpassing the historical integrationism. However, these norms vary significantly with a reality marked by the permanence of integrationist practices, asserted by the state, as is the case of “timeframe thesis”. Therefore, the aim of this paper is to critically analyse, landed on the fields of constitutional theory and legal sociology, the essential core of indigenous peoples’ rights in Brazil, pointing to the current issues that hinder or hamper its enforcement. Keywords: Indigenous peoples’ rights; Brazil; Indigenous Constitutional Law; Human rights.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115836889","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The authoress will analyse the impact that the metaverse has and will have on the labour market, with a focus on the employment relationship, in the scenario of transitional (labour) markets that face several issues closely related to technology and digital. Microsoft's investment of nearly $70 billion in 2022 on the metaverse, along with investments by Google and Epic Games and large groups such as Gucci, Nike and Walmart - to name a few - represent the tip of the iceberg of a process that is already well underway and in which we are all involved. On the one hand, the interaction of different elements of cyberspace – used to generate immersive experiences in augmented reality through the combination of physical and digital aspects of life, three-dimensional technology, the Internet of Things, and personal avatars – may represent a form of welfare. On the other hand, the legal issues are different both with respect to aspects that are more typical of digital/technology platform property law (to give an immediate example) and with respect to the issue of blockchain-supported platforms and the impact of the metaverse on the "workplace," which we are specifically interested in. It is necessary to delve into the different issues that arise in the Italian legal system. Such issues include both the status of the worker with the applicable discipline (whether framed under the discipline of transnational posting or falling under the discipline of the relationship with elements of internationality set forth in the Regulation (ec) no 593/2008 of the European Parliament and of the Council of 17 June 2008 of the Rome Convention on the law applicable to contractual obligations (Rome I)) and labour control. Moreover, issues related to the protections provided in the Italian Workers' Statute (Statuto dei Lavoratori), not excluding psychosocial risks, must also be investigated. Another issue to focus on is contractual distancing. The status of the worker in the Metaverse is that of one who sits at a virtual desk in front of a virtual keyboard and screen for completely virtual work performance. Likewise, effects of social dumping arise in light of a possible labour crowdsourcing problem in Countries where labour costs are low. On the labour front, the questions that will arise are: what employment regulations and contracts will have to be applied to such professional activities? And what kind of new job profiles will emerge? Lastly, ethical questions also surface regarding the system of rules as well as the algorithms that will have to administer the labour market in a scenario in which human and artificial intelligence will have to coexist and contaminate each other. Further enquiry will be presented on the need to manage human capital and its strictly related impact on human resources to avoid social inequalities and discrimination. Finally, the impact on new job profiles and opportunities for cultural and heritage professions will be analysed. Keywords: Labour
{"title":"Labour Law: New Workplaces in the Metaverse and Opportunities for Cultural and Heritage Professions","authors":"Roberta Caragnano","doi":"10.30958/ajl.9-2-3","DOIUrl":"https://doi.org/10.30958/ajl.9-2-3","url":null,"abstract":"The authoress will analyse the impact that the metaverse has and will have on the labour market, with a focus on the employment relationship, in the scenario of transitional (labour) markets that face several issues closely related to technology and digital. Microsoft's investment of nearly $70 billion in 2022 on the metaverse, along with investments by Google and Epic Games and large groups such as Gucci, Nike and Walmart - to name a few - represent the tip of the iceberg of a process that is already well underway and in which we are all involved. On the one hand, the interaction of different elements of cyberspace – used to generate immersive experiences in augmented reality through the combination of physical and digital aspects of life, three-dimensional technology, the Internet of Things, and personal avatars – may represent a form of welfare. On the other hand, the legal issues are different both with respect to aspects that are more typical of digital/technology platform property law (to give an immediate example) and with respect to the issue of blockchain-supported platforms and the impact of the metaverse on the \"workplace,\" which we are specifically interested in. It is necessary to delve into the different issues that arise in the Italian legal system. Such issues include both the status of the worker with the applicable discipline (whether framed under the discipline of transnational posting or falling under the discipline of the relationship with elements of internationality set forth in the Regulation (ec) no 593/2008 of the European Parliament and of the Council of 17 June 2008 of the Rome Convention on the law applicable to contractual obligations (Rome I)) and labour control. Moreover, issues related to the protections provided in the Italian Workers' Statute (Statuto dei Lavoratori), not excluding psychosocial risks, must also be investigated. Another issue to focus on is contractual distancing. The status of the worker in the Metaverse is that of one who sits at a virtual desk in front of a virtual keyboard and screen for completely virtual work performance. Likewise, effects of social dumping arise in light of a possible labour crowdsourcing problem in Countries where labour costs are low. On the labour front, the questions that will arise are: what employment regulations and contracts will have to be applied to such professional activities? And what kind of new job profiles will emerge? Lastly, ethical questions also surface regarding the system of rules as well as the algorithms that will have to administer the labour market in a scenario in which human and artificial intelligence will have to coexist and contaminate each other. Further enquiry will be presented on the need to manage human capital and its strictly related impact on human resources to avoid social inequalities and discrimination. Finally, the impact on new job profiles and opportunities for cultural and heritage professions will be analysed. Keywords: Labour","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125533273","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Every person is consumer in one or other way; even a person who is seller in one transaction, in another transaction he is consumer. Consumer grievances now days have become very serious and rate is also alarming which with passing time are becoming more graver challenge. In such situations now consumer grievances do not remain only a matter to be remedied under civil justice dispension system but for effective tackling need is to under criminal justice system. In case of consumer grievances two pronged actions are required, for providing justice to individual injured consumer there should be civil remedy and to provide justice to consumers collective, thereby, to society there should be providing of criminal justice. Preventive measures are most effective measures for consumer protection which can be attained by criminalisation of consumer grievances. Prescription and infliction of punishment creates deterrence in potential wrongdoers, thereby, they get lesson for future behaviour. In India sufficient penal provisions are provided for criminalisation of consumer grievances; criminal justice system through effective enforcement and infliction of punishment may tackle the problem of consumer grievances and attain the goal of consumer protection. This paper will analyse Indian laws to find out use of measure of criminalisation of consumer grievances for consumer protection. Keywords: Adulteration; Consumer; Consumerism; Consumer grievance; Criminal Justice System; Deterrence; False property mark; Preventive measure; Spurious
{"title":"Consumer Protection in India through Criminalisation of Consumer Grievances","authors":"Pradeep Kumar Singh","doi":"10.30958/ajl.9-2-7","DOIUrl":"https://doi.org/10.30958/ajl.9-2-7","url":null,"abstract":"Every person is consumer in one or other way; even a person who is seller in one transaction, in another transaction he is consumer. Consumer grievances now days have become very serious and rate is also alarming which with passing time are becoming more graver challenge. In such situations now consumer grievances do not remain only a matter to be remedied under civil justice dispension system but for effective tackling need is to under criminal justice system. In case of consumer grievances two pronged actions are required, for providing justice to individual injured consumer there should be civil remedy and to provide justice to consumers collective, thereby, to society there should be providing of criminal justice. Preventive measures are most effective measures for consumer protection which can be attained by criminalisation of consumer grievances. Prescription and infliction of punishment creates deterrence in potential wrongdoers, thereby, they get lesson for future behaviour. In India sufficient penal provisions are provided for criminalisation of consumer grievances; criminal justice system through effective enforcement and infliction of punishment may tackle the problem of consumer grievances and attain the goal of consumer protection. This paper will analyse Indian laws to find out use of measure of criminalisation of consumer grievances for consumer protection. Keywords: Adulteration; Consumer; Consumerism; Consumer grievance; Criminal Justice System; Deterrence; False property mark; Preventive measure; Spurious","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125906582","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The right to clothing is part of the panoply of human rights recognised by international law and is part of the broader right to an adequate standard of living guaranteed by the 1948 Universal Declaration of Human Rights. However, in the transition from abstract normative predictions to the identification of the concrete content of this guarantee placed to protect the human person (both in its function of mere protection of the body from the elements, but also, and perhaps above all, to communicate and obtain information on their social position), it is as if its exact substance dissipates . This article proposes, first of all, a diachronic reconstruction of the right to clothing in international instruments and in the practice of the bodies in charge of monitoring them. Secondly, it focuses on how this right is closely connected to freedom of expression in relation to the prohibition of discrimination on the basis of the clothing worn - especially if indicative of belonging to a group, inter alia ethnic, religious, or social. It concludes with brief critical notes and reconstructive insights into these two delineations of the right to clothing. Keywords: Right to Clothing; Freedom of Expression; Discrimination
衣着权是国际法承认的一系列人权的一部分，也是1948年《世界人权宣言》(Universal Declaration of human rights)保障的享有适足生活水准的更广泛权利的一部分。然而，在从抽象的规范预测过渡到确定这种保护人类的具体内容的过程中(其功能不仅是保护身体免受各种因素的侵害，而且，也许最重要的是，沟通和获取有关其社会地位的信息)，它的确切实质似乎消失了。本文首先建议在国际文书和负责监督这些文书的机构的实践中对服装权进行历时性的重建。第二，它侧重于这项权利如何与言论自由密切相关，涉及禁止基于所穿服装的歧视，特别是如果表明属于一个群体，特别是种族、宗教或社会群体。它以简短的批判性笔记和对这两种服装权利描述的重建性见解结束。关键词:服装权;言论自由;歧视
{"title":"The Right to Dress in International Law as a Right in itself and as a Parameter on the Ridge between Freedom of Expression and Prohibition of Discrimination","authors":"A. Latino","doi":"10.30958/ajl.9-2-4","DOIUrl":"https://doi.org/10.30958/ajl.9-2-4","url":null,"abstract":"The right to clothing is part of the panoply of human rights recognised by international law and is part of the broader right to an adequate standard of living guaranteed by the 1948 Universal Declaration of Human Rights. However, in the transition from abstract normative predictions to the identification of the concrete content of this guarantee placed to protect the human person (both in its function of mere protection of the body from the elements, but also, and perhaps above all, to communicate and obtain information on their social position), it is as if its exact substance dissipates . This article proposes, first of all, a diachronic reconstruction of the right to clothing in international instruments and in the practice of the bodies in charge of monitoring them. Secondly, it focuses on how this right is closely connected to freedom of expression in relation to the prohibition of discrimination on the basis of the clothing worn - especially if indicative of belonging to a group, inter alia ethnic, religious, or social. It concludes with brief critical notes and reconstructive insights into these two delineations of the right to clothing. Keywords: Right to Clothing; Freedom of Expression; Discrimination","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130200114","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In recent years, particularly in Europe, increasing attention is being paid to managing Intellectual Property (IP) competitive effects. Europe achieves greater innovation output with IP overall whilst also implementing the globally harmonised IP laws. The performance differences in innovation output are due to many variables. However, the EU has focussed on three policy goals: “open innovation”, “open science”, and “open to the world”, aiming to foster access to knowledge for advancement as well as overcoming innovation barriers while retaining alignment with harmonised international IP frameworks. Whilst it is still premature to draw conclusions about the effectiveness of the EU approach, it is possible to hypothesise whether such an approach is a viable option in Asia. In this case, the focus will be on the eleven countries of the Southeast Asia region with their various levels of development, from least developed (Cambodia, Laos, Myanmar and Timor-Leste) to highly developed (Singapore). The paper describes the concept of the EU “open innovation” policy, its drivers and its legal basis. From these examples, a framework will be developed against which to test its viability in Southeast Asia. Analysis shows that each of the ten ASEAN member states, including Singapore, is a net importer of patents rather than a developer. Nonetheless, it is considered that the IP ecosystems in Malaysia, Singapore, Thailand and Vietnam are sufficiently robust to at least consider a trial of the Open Innovation, Open Science and Open to the World concepts as being tested in the European Union. Keywords: “Open Innovation”; European Union; Association of Southeast Asian Nations; Intellectual Property legislation
{"title":"Is an “Open Innovation” Policy Viable in Southeast Asia? - A Legal Perspective","authors":"Robert B. Smith, M. Perry","doi":"10.30958/ajl.9-2-2","DOIUrl":"https://doi.org/10.30958/ajl.9-2-2","url":null,"abstract":"In recent years, particularly in Europe, increasing attention is being paid to managing Intellectual Property (IP) competitive effects. Europe achieves greater innovation output with IP overall whilst also implementing the globally harmonised IP laws. The performance differences in innovation output are due to many variables. However, the EU has focussed on three policy goals: “open innovation”, “open science”, and “open to the world”, aiming to foster access to knowledge for advancement as well as overcoming innovation barriers while retaining alignment with harmonised international IP frameworks. Whilst it is still premature to draw conclusions about the effectiveness of the EU approach, it is possible to hypothesise whether such an approach is a viable option in Asia. In this case, the focus will be on the eleven countries of the Southeast Asia region with their various levels of development, from least developed (Cambodia, Laos, Myanmar and Timor-Leste) to highly developed (Singapore). The paper describes the concept of the EU “open innovation” policy, its drivers and its legal basis. From these examples, a framework will be developed against which to test its viability in Southeast Asia. Analysis shows that each of the ten ASEAN member states, including Singapore, is a net importer of patents rather than a developer. Nonetheless, it is considered that the IP ecosystems in Malaysia, Singapore, Thailand and Vietnam are sufficiently robust to at least consider a trial of the Open Innovation, Open Science and Open to the World concepts as being tested in the European Union. Keywords: “Open Innovation”; European Union; Association of Southeast Asian Nations; Intellectual Property legislation","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114607411","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Although it has an internal market with the aim of obtaining full tax harmonisation, the European Union is still struggling to provide a common standard for 27 different tax systems. Because there are almost no European Union tax procedural regulations, after the entry into force of the Lisbon Treaty, the fundamental rights of the EU have begun to play an increasingly active role inside the European Union. Therefore, the European Union Court of Justice is ever more often required to deliver decisions related to the compatibility between national tax procedures and the rights guaranteed by the EU Charter of Fundamental Rights. The present article aims to make a presentation of the most important decision delivered by the Court of Luxembourg and to analyse the way in which these decisions can support the European project of tax harmonisation. Keywords: Tax; Harmonisation; Procedures; Fundamental rights; EU Charter
{"title":"European Union Fundamental Rights Reflected in Tax Procedures. The Key for Tax Harmonisation inside The European Union?","authors":"M. Pătrăuș, Tudor Dumitru Vidrean-Căpușan","doi":"10.30958/ajl.9-2-1","DOIUrl":"https://doi.org/10.30958/ajl.9-2-1","url":null,"abstract":"Although it has an internal market with the aim of obtaining full tax harmonisation, the European Union is still struggling to provide a common standard for 27 different tax systems. Because there are almost no European Union tax procedural regulations, after the entry into force of the Lisbon Treaty, the fundamental rights of the EU have begun to play an increasingly active role inside the European Union. Therefore, the European Union Court of Justice is ever more often required to deliver decisions related to the compatibility between national tax procedures and the rights guaranteed by the EU Charter of Fundamental Rights. The present article aims to make a presentation of the most important decision delivered by the Court of Luxembourg and to analyse the way in which these decisions can support the European project of tax harmonisation. Keywords: Tax; Harmonisation; Procedures; Fundamental rights; EU Charter","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"141 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123921400","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article examines the ethics and integrity approach to modelling the law and tax compliance process and investigates different factors that influence legal and governance systems in society. It explores the foundations of human decision-making and behaviours, or how to overcome the undesirable deficiencies in legal and governance systems. The approach of this article is carefully designed to briefly demonstrate how ethics and integrity in the law and tax compliance could lead to effective legal and governance systems. Therefore, ethics and integrity can be thought of as the infinite member of all legal rules and governance systems. Hence, it is, necessarily, in respect of societal conduct and obedience to the law. I conceive that the law and tax compliance does not stand alone. The extension of the law and tax compliance is ethics and integrity, or the extended part of moral conduct in society. Therefore, this article builds on existing knowledge by approaching the principle of ethics and integrity in the law and tax compliance as a duty of life, which is an obligation that ensures the compound elements of societal needs are fulfilled through virtue and accountability. Keywords: Cognition, Ethics, Integrity, Virtue, Tax Law, Decision Making, Human Behaviour
{"title":"Neurological Aspect of Ethics and Integrity: A Fundamental Compound Element of Law and Tax Compliance","authors":"E. K. Nartey","doi":"10.30958/ajl.9-2-5","DOIUrl":"https://doi.org/10.30958/ajl.9-2-5","url":null,"abstract":"This article examines the ethics and integrity approach to modelling the law and tax compliance process and investigates different factors that influence legal and governance systems in society. It explores the foundations of human decision-making and behaviours, or how to overcome the undesirable deficiencies in legal and governance systems. The approach of this article is carefully designed to briefly demonstrate how ethics and integrity in the law and tax compliance could lead to effective legal and governance systems. Therefore, ethics and integrity can be thought of as the infinite member of all legal rules and governance systems. Hence, it is, necessarily, in respect of societal conduct and obedience to the law. I conceive that the law and tax compliance does not stand alone. The extension of the law and tax compliance is ethics and integrity, or the extended part of moral conduct in society. Therefore, this article builds on existing knowledge by approaching the principle of ethics and integrity in the law and tax compliance as a duty of life, which is an obligation that ensures the compound elements of societal needs are fulfilled through virtue and accountability. Keywords: Cognition, Ethics, Integrity, Virtue, Tax Law, Decision Making, Human Behaviour","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130994566","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper aims to analyse the European Green Deal with reference to the effects it will have on the labour market. After describing this strategic plan for the period 2019-2024, the Author states that in order to have a just, green and equitable change, a multilevel approach must be pursued that takes into account equal opportunities and digital skills, professional mobility, the creation of new jobs and support for social enterprises, the promotion of gender equality, inclusion and equality, support for fair and decent work, as well as social protection. Important aid will result not only from the involvement of people in the green transaction process, but also from the support of the trade unions which, more than anyone else, can help to obtain the maximum profit from the merger between the environment and jobs. Keywords: European Green Deal; Labour; Sustainability; Green transition; Green Jobs; Union role; Labour law market
{"title":"Jobs, Green Deal and Sustainability","authors":"Simone Caponetti","doi":"10.30958/ajl.9-2-6","DOIUrl":"https://doi.org/10.30958/ajl.9-2-6","url":null,"abstract":"This paper aims to analyse the European Green Deal with reference to the effects it will have on the labour market. After describing this strategic plan for the period 2019-2024, the Author states that in order to have a just, green and equitable change, a multilevel approach must be pursued that takes into account equal opportunities and digital skills, professional mobility, the creation of new jobs and support for social enterprises, the promotion of gender equality, inclusion and equality, support for fair and decent work, as well as social protection. Important aid will result not only from the involvement of people in the green transaction process, but also from the support of the trade unions which, more than anyone else, can help to obtain the maximum profit from the merger between the environment and jobs. Keywords: European Green Deal; Labour; Sustainability; Green transition; Green Jobs; Union role; Labour law market","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121443471","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law enforcement agencies have adapted their detection and investigative strategies in accordance with proactive intelligence-led policing of suspected offenders that include surreptitious undercover methods. While such measures are necessary and proportionate to safeguard society from harm caused by offenders, some forms of proactive policing methods could be regarded as entrapment. Allegations of entrapment are typically raised in circumstances where undercover law enforcement officers have actively participated in the creation of a crime, have tested the virtue of people instead of directing their detection and investigative strategies on persons against whom there are reasonable grounds for suspicion, or have gone beyond merely creating the circumstances and effectively induced the suspect to commit an offence. Criminal justice systems have typically responded to allegations of entrapment with judicial discretion to grant a stay of the prosecution for an abuse of the courts process, relying on judicial integrity and the imperative of constitutional principles and international human rights standards being adhered to by courts of justice. Undercover methods bordering entrapment might require the exercise of judicial discretion to either exclude impugned evidence or as a mitigating factor reducing the sentence imposed on convicted offenders. This article evaluates the judicial responses to successful pleas of entrapment in foremost common law jurisdictions underpinned by constitutional principles of due process and international human rights standards in accordance with the rule of law. Keywords: Abuse of process; Agent provocateur; Defence; Entrapment; Exclusion of evidence; Judicial discretion; Stay of criminal proceedings
{"title":"Proactive Intelligence-Led Policing Shading the Boundaries of Entrapment: An Assessment of How Common Law Jurisdictions have Responded","authors":"G. Coffey","doi":"10.30958/ajl.9-1-3","DOIUrl":"https://doi.org/10.30958/ajl.9-1-3","url":null,"abstract":"Law enforcement agencies have adapted their detection and investigative strategies in accordance with proactive intelligence-led policing of suspected offenders that include surreptitious undercover methods. While such measures are necessary and proportionate to safeguard society from harm caused by offenders, some forms of proactive policing methods could be regarded as entrapment. Allegations of entrapment are typically raised in circumstances where undercover law enforcement officers have actively participated in the creation of a crime, have tested the virtue of people instead of directing their detection and investigative strategies on persons against whom there are reasonable grounds for suspicion, or have gone beyond merely creating the circumstances and effectively induced the suspect to commit an offence. Criminal justice systems have typically responded to allegations of entrapment with judicial discretion to grant a stay of the prosecution for an abuse of the courts process, relying on judicial integrity and the imperative of constitutional principles and international human rights standards being adhered to by courts of justice. Undercover methods bordering entrapment might require the exercise of judicial discretion to either exclude impugned evidence or as a mitigating factor reducing the sentence imposed on convicted offenders. This article evaluates the judicial responses to successful pleas of entrapment in foremost common law jurisdictions underpinned by constitutional principles of due process and international human rights standards in accordance with the rule of law. Keywords: Abuse of process; Agent provocateur; Defence; Entrapment; Exclusion of evidence; Judicial discretion; Stay of criminal proceedings","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116500354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
How to assess the criminal liability of the abused woman who kills her abuser while in his sleep or in a state of unconsciousness has become a salient topic of debate in recent years. Although there is a tendency to consider these acts within the context of self-defence with the impact of “the battered woman syndrome” theory and the movement to battle against domestic violence, the debate still persists. Despite some opinions that such acts should be considered self-defence in the Turkish doctrine, the Turkish Courts, for the most part, tend to evaluate them as provocation. According to the Turkish Penal Code, only acts that are a response to occurring attacks or those that are certain to ensue are considered “self-defence.” Domestic violence is not accepted as itself as an attack if it does not meet these conditions. In this study, we will examine how such cases are treated in Turkish law practice in light of three decisions of The Court of Cassation. Prior to the explanations about self-defence and domestic violence, we will provide an overview of how this practice should be interpreted in the context of domestic violence according to the Turkish penal doctrine (I). It is argued that the conditions of self-defence are gender-neutral provisions, indicating they do not take into consideration “the battered woman syndrome” or female victims of domestic violence. This study will also focus on the conditions of self-defence in the Turkish Penal Code and will analyse it in the context of domestic violence (II). Keywords: Violence against women; domestic violence; battered woman syndrome; self-defence; provocation.
{"title":"Self-Defence and Domestic Violence: An Analysis of Turkish Criminal Law Practice","authors":"Selin Türkoğlu","doi":"10.30958/ajl.9-1-5","DOIUrl":"https://doi.org/10.30958/ajl.9-1-5","url":null,"abstract":"How to assess the criminal liability of the abused woman who kills her abuser while in his sleep or in a state of unconsciousness has become a salient topic of debate in recent years. Although there is a tendency to consider these acts within the context of self-defence with the impact of “the battered woman syndrome” theory and the movement to battle against domestic violence, the debate still persists. Despite some opinions that such acts should be considered self-defence in the Turkish doctrine, the Turkish Courts, for the most part, tend to evaluate them as provocation. According to the Turkish Penal Code, only acts that are a response to occurring attacks or those that are certain to ensue are considered “self-defence.” Domestic violence is not accepted as itself as an attack if it does not meet these conditions. In this study, we will examine how such cases are treated in Turkish law practice in light of three decisions of The Court of Cassation. Prior to the explanations about self-defence and domestic violence, we will provide an overview of how this practice should be interpreted in the context of domestic violence according to the Turkish penal doctrine (I). It is argued that the conditions of self-defence are gender-neutral provisions, indicating they do not take into consideration “the battered woman syndrome” or female victims of domestic violence. This study will also focus on the conditions of self-defence in the Turkish Penal Code and will analyse it in the context of domestic violence (II). Keywords: Violence against women; domestic violence; battered woman syndrome; self-defence; provocation.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129383038","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：