Pub Date : 2023-06-16DOI: 10.15170/studia.2023.01.08
Attila Pánovics
This article examines the development of EU law in the context of access to justice guaranteed under the Aarhus Convention. It considers how the Court of Justice of the European Union and the Compliance Committee of the Convention (ACCC) interpret obligations arising under Article 9(3) of the Convention. When the EU ratified the Convention in 2005 it committed to guaranteeing broad access to justice in environmental matters at both national and Union levels. Until now, the 2006 Aarhus Regulation is the sole piece of EU legislation outside the provisions of the Treaties that was adopted for the purpose of providing the basis for access to justice in environmental matters at Union level. Unfortunately, the internal review procedure set out by the 2006 Aarhus Regulation has been interpreted so restrictively by the Court of Justice of the EU that its added value in striving for better access to courts remained ephemeral. The article discusses the findings of the ACCC on the EU’s non-compliance with Article 9(3) of the Convention, and highlights the recent legislative activities at EU level relating to access to justice in environmental matters. The application of the revised Aarhus Regulation will demonstrate whether the European Union has duly implemented its international obligations regarding access to justice in environmental matters.
本文考察了欧盟法律在《奥胡斯公约》保障的诉诸司法方面的发展。它考虑了欧盟法院和《公约》合规委员会(ACCC)如何解释根据《公约》第9(3)条产生的义务。当欧盟在2005年批准该公约时，它承诺保证在国家和欧盟层面的环境问题上广泛诉诸司法。到目前为止，2006年《奥胡斯条例》是欧盟在《条约》条款之外的唯一一部欧盟立法，其目的是在欧盟层面上为环境问题诉诸司法提供基础。不幸的是，2006年《奥胡斯条例》(Aarhus Regulation)规定的内部审查程序被欧盟法院(Court of Justice)如此严格地解释，以至于它在争取更好地诉诸法院方面的附加价值仍然是短暂的。本文讨论了ACCC关于欧盟未遵守《公约》第9(3)条的调查结果，并强调了欧盟最近在环境问题上诉诸司法的立法活动。经修订的《奥胡斯条例》的适用将表明欧洲联盟是否适当地履行了其在环境问题上诉诸司法的国际义务。
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Pub Date : 2023-06-16DOI: 10.15170/studia.2023.01.10
M. Sony
Illicit Financial Flow (IFF) is a key development challenge all over the world. In developing countries, though IFF may take place in differentways, but over the past couple of years IFF via the digital ecosystem has beendemanding a rethink of the existing legal structure. For instance, in Bangladesh, the fastest developing country, by today about five leading ecommerce companies have been accused of fraud mostly in supply chainmanagement and also accused of money laundering issues. Therefore, theBangladesh government has adopted Digital Commerce Guidelines. Since thesee-commerce scams take place frequently, this raises the question of theeffectiveness of this existing legal structure in Bangladesh and how the samelegal framework can meet the challenge of IFF via digital platform. With thehelp of the comparative method, the research has tried to address these gaps inacademic literature from a qualitative approach. This study has indicated that aflaw in Bangladesh's present regulatory system is the lack of legislativedirections on how to supervise excessive discounts or predatory pricing.Finally, no cross-border e-commerce rules or recommendations have beenestablished under the present legal regulatory framework. As a result, it issuggested that these flaws in the current policy be reconsidered to reduce IFF.Overall, the findings of this study will assist policymakers in defining additionalactions aimed at reforming a robust digital regulatory environment.
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Pub Date : 2023-06-08DOI: 10.15170/studia.2023.01.01
Kristóf Benedek Fekete
The author describes the limitations of the freedom of expression of judges and courts in the context of the fundamental right to freedom of expression, which, due to its prominent position in a democratic constitutional state, is limited in content compared to the general one, also in view of the historical precedents in Hungary. Starting from the relevant constitutional and statutory provisions and in the light of the practice of the Venice Commission and the European Court of Human Rights, the study outlines and analyses the possibilities for individual judges and courts to express their opinions. The paper presents, through a number of pragmatic examples, the prevailing practice in Hungary on the subject under study, which works with undoubtedly one of the most stringent regulatory solutions.
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