Pub Date : 2018-12-27DOI: 10.13165/j.icj.2018.12.005
D. Liakopoulos
The main purpose of this study is to present the conditions for the recognition and enforcement of foreign judgments in Turkey under Turkish law, with an emphasis on judicial decisions and a more follows reference to arbitration decisions. Due to the breadth of the subject, for which extensive literature has been developed in Turkish science as well as important jurisprudence, it has been considered appropriate to limit the coverage in this study to presenting the provisions of current Turkish law through its sources – notably the Code of Private International and Procedural Law (MOHUK) – and the way in which it is interpreted and applied in both theory and Turkish law.
{"title":"RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN ACCORDANCE WITH TURKISH INTERNATIONAL PRIVATE LAW","authors":"D. Liakopoulos","doi":"10.13165/j.icj.2018.12.005","DOIUrl":"https://doi.org/10.13165/j.icj.2018.12.005","url":null,"abstract":"The main purpose of this study is to present the conditions for the recognition and enforcement of foreign judgments in Turkey under Turkish law, with an emphasis on judicial decisions and a more follows reference to arbitration decisions. Due to the breadth of the subject, for which extensive literature has been developed in Turkish science as well as important jurisprudence, it has been considered appropriate to limit the coverage in this study to presenting the provisions of current Turkish law through its sources – notably the Code of Private International and Procedural Law (MOHUK) – and the way in which it is interpreted and applied in both theory and Turkish law.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"4 1","pages":"117-148"},"PeriodicalIF":0.0,"publicationDate":"2018-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66262366","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}
Pub Date : 2018-12-27DOI: 10.13165/J.ICJ.2018.12.007
Egzonis Hajdari, Fulya Erlüle
One of the key elements of the Law on Obligations is the contract, which represents an obligational relationship between the contracting parties with a focus on promoting obligations. A contract (“contractus”) is defined as the consent of will of two or more parties for the purpose of creating, amending or terminating an obligational relationship. In a significant number of cases, legal transactions are created with the presence of a defect of consent, including fraud, mistake and duress. Fraud is an unlawful act by which the contracting party has been induced to enter into a contract through a wilful mistake by the other party or a third person. According to this clause, the elements relating to fraud are: 1) a fraudulent act; 2) the purpose of fraud; and 3) a causal relationship. Fraud as a defect in consent in concluding contracts can appear in different forms. The main types of fraud are considered to be: 1) fraud by a fraudulent entity; 2) fraud by the manner of the fraudulent act; 3) fraud according to the importance of facts, etc. Furthermore, in this article we will discuss the consequences of fraud according to the Turkish Code of Obligations (TCO) and Law on Obligational Relationships of Kosovo (LORK). In accordance with the TCO and LORK, the deceived party has a right to avoid contact and to compensation for damages.
{"title":"ELEMENTS, TYPES AND CONSEQUENCES OF FRAUD ACCORDING TO OBLIGATION LAW – A COMPARATIVE APPROACH BETWEEN LEGISLATION IN TURKEY AND KOSOVO","authors":"Egzonis Hajdari, Fulya Erlüle","doi":"10.13165/J.ICJ.2018.12.007","DOIUrl":"https://doi.org/10.13165/J.ICJ.2018.12.007","url":null,"abstract":"One of the key elements of the Law on Obligations is the contract, which represents an obligational relationship between the contracting parties with a focus on promoting obligations. A contract (“contractus”) is defined as the consent of will of two or more parties for the purpose of creating, amending or terminating an obligational relationship. In a significant number of cases, legal transactions are created with the presence of a defect of consent, including fraud, mistake and duress. Fraud is an unlawful act by which the contracting party has been induced to enter into a contract through a wilful mistake by the other party or a third person. According to this clause, the elements relating to fraud are: 1) a fraudulent act; 2) the purpose of fraud; and 3) a causal relationship. Fraud as a defect in consent in concluding contracts can appear in different forms. The main types of fraud are considered to be: 1) fraud by a fraudulent entity; 2) fraud by the manner of the fraudulent act; 3) fraud according to the importance of facts, etc. Furthermore, in this article we will discuss the consequences of fraud according to the Turkish Code of Obligations (TCO) and Law on Obligational Relationships of Kosovo (LORK). In accordance with the TCO and LORK, the deceived party has a right to avoid contact and to compensation for damages.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"4 1","pages":"163-177"},"PeriodicalIF":0.0,"publicationDate":"2018-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43442403","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}
Pub Date : 2018-07-05DOI: 10.13165/J.ICJ.2018.06.005
E. Lyapina
Recent trends in the European Union with regard to legal regulations in the gas sector, which have an impact on each member state, are directed at the liberalisation of the gas market. Even though the Energy Union was established, the Lisbon Treaty came into force with provisions developed on energy. Known as the Third Energy Package, this increased the competitiveness of the market. However, discussions in this field are still ongoing. The aim of the article is to assess the impact of this particular EU legislation on Czech law. To do this, an examination will be made of how strategic the gas sector is in this member state. Taking into account the country’s importance as a gas transit state and a state receiver, the role of the Czech Republic will also be discussed in the process of formation of a competitive gas market following the application of legislative measures in the sector.
{"title":"THE EU GAS REGULATIONS AND THEIR INFLUENCE ON THE LEGISLATION OF THE CZECH REPUBLIC","authors":"E. Lyapina","doi":"10.13165/J.ICJ.2018.06.005","DOIUrl":"https://doi.org/10.13165/J.ICJ.2018.06.005","url":null,"abstract":"Recent trends in the European Union with regard to legal regulations in the gas sector, which have an impact on each member state, are directed at the liberalisation of the gas market. Even though the Energy Union was established, the Lisbon Treaty came into force with provisions developed on energy. Known as the Third Energy Package, this increased the competitiveness of the market. However, discussions in this field are still ongoing. The aim of the article is to assess the impact of this particular EU legislation on Czech law. To do this, an examination will be made of how strategic the gas sector is in this member state. Taking into account the country’s importance as a gas transit state and a state receiver, the role of the Czech Republic will also be discussed in the process of formation of a competitive gas market following the application of legislative measures in the sector.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"4 1","pages":"42-51"},"PeriodicalIF":0.0,"publicationDate":"2018-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46850202","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}
Pub Date : 2018-07-05DOI: 10.13165/j.icj.2018.06.001
Marek Zubik
The year 2017 saw the celebration of the 25th anniversary of the adoption of the Constitution of Lithuania and the 20th anniversary of the adoption of the Constitution of the Republic of Poland. This article presents the common constitutional heritage of these two countries primary as commonwealth est. in 1385 year and next as Polish–Lithuanian Union from 1569 to the end of the 18th century when we lost our independence. It sets out the main assumptions of the theory of the norms of basic law. The author also sums up the importance of legal culture and the social acceptance of the legal order set by a constitution as a fundament of democratic states. The author presents his reflections using metaphors from nautical terminology.
{"title":"CONFERENCE PRESENTATION: NAVIGARE NECESSE EST. LEX FUNDAMENTALIS SEMPER REFORMANDA","authors":"Marek Zubik","doi":"10.13165/j.icj.2018.06.001","DOIUrl":"https://doi.org/10.13165/j.icj.2018.06.001","url":null,"abstract":"The year 2017 saw the celebration of the 25th anniversary of the adoption of the Constitution of Lithuania and the 20th anniversary of the adoption of the Constitution of the Republic of Poland. This article presents the common constitutional heritage of these two countries primary as commonwealth est. in 1385 year and next as Polish–Lithuanian Union from 1569 to the end of the 18th century when we lost our independence. It sets out the main assumptions of the theory of the norms of basic law. The author also sums up the importance of legal culture and the social acceptance of the legal order set by a constitution as a fundament of democratic states. The author presents his reflections using metaphors from nautical terminology.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"4 1","pages":"1-6"},"PeriodicalIF":0.0,"publicationDate":"2018-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43847003","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}
Pub Date : 2018-07-05DOI: 10.13165/J.ICJ.2018.06.004
M. Rodríguez
Recent case law of the Court of Justice of the European Union (CJEU) questions whether traditional women’s rights, such as breastfeeding leave and maternity leave, are in line with the principle of non-discrimination between parents (the Roca Alvarez and Betriu Montull cases). This case law triggers a fundamental question: Is maternity leave going beyond biological differences between the sexes and therefore perpetuating the traditional role of women as child carers? The aim of this article is to gain insight into the compatibility of maternity leave with the principle of equal treatment between the delivering mother and the father. On the one hand, it reviews and analyses in depth the case law of the CJEU, which has consistently held since 1984 that maternity leave is a legitimate exception to the principle of equal treatment between men and women and that Member States are not obliged to confer on fathers a similar period of leave. On the other hand, it reflects on a way forward to find a better balance between the recognition of women’s biological specificities and the rights of all parents to spend time with their children.
{"title":"MATERNITY LEAVE AND DISCRIMINATION AGAINST FATHERS: CURRENT CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION AND THE WAY FORWARD","authors":"M. Rodríguez","doi":"10.13165/J.ICJ.2018.06.004","DOIUrl":"https://doi.org/10.13165/J.ICJ.2018.06.004","url":null,"abstract":"Recent case law of the Court of Justice of the European Union (CJEU) questions whether traditional women’s rights, such as breastfeeding leave and maternity leave, are in line with the principle of non-discrimination between parents (the Roca Alvarez and Betriu Montull cases). This case law triggers a fundamental question: Is maternity leave going beyond biological differences between the sexes and therefore perpetuating the traditional role of women as child carers? The aim of this article is to gain insight into the compatibility of maternity leave with the principle of equal treatment between the delivering mother and the father. On the one hand, it reviews and analyses in depth the case law of the CJEU, which has consistently held since 1984 that maternity leave is a legitimate exception to the principle of equal treatment between men and women and that Member States are not obliged to confer on fathers a similar period of leave. On the other hand, it reflects on a way forward to find a better balance between the recognition of women’s biological specificities and the rights of all parents to spend time with their children.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"4 1","pages":"27-41"},"PeriodicalIF":0.0,"publicationDate":"2018-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49305004","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}
Pub Date : 2018-07-05DOI: 10.13165/j.icj.2018.06.007
C. Tan
In many countries, private equity (PE) and venture capital (VC) are a growing part of the economy, and concerns have surfaced over how PE/VC money is managed and spent. Investors want to ensure that their investments are in good hands, while government bodies want to prevent PE/VC funds from being abused as vehicles for scams and fraud. PE/VC fund managers are often bound by fiduciary duties. In certain countries, however, no fiduciary duty is imposed, and in other countries such duties may be contractually eliminated. In such instances where managers operate without owing fiduciary duties, this raises questions about how best to protect vulnerable investors. This paper contributes to the literature on PE/VC industries and their regulation. It demystifies and describes the operation and structure of partnership-type PE/VC funds, which can be a black box to less sophisticated investors. With the basic structure outlined, the paper then highlights the critical role of specific fiduciary duties, as well as the various potential problems arising from a lack of such duties. Finally, given the increasing prevalence of PE/VC funds particularly in developing markets and the corresponding need for regulation, the paper also analyses potential solutions and safeguards that can be implemented to improve regulatory regimes.
{"title":"FIDUCIARY DUTIES IN THE PRIVATE EQUITY AND VENTURE CAPITAL WORLD","authors":"C. Tan","doi":"10.13165/j.icj.2018.06.007","DOIUrl":"https://doi.org/10.13165/j.icj.2018.06.007","url":null,"abstract":"In many countries, private equity (PE) and venture capital (VC) are a growing part of the economy, and concerns have surfaced over how PE/VC money is managed and spent. Investors want to ensure that their investments are in good hands, while government bodies want to prevent PE/VC funds from being abused as vehicles for scams and fraud. PE/VC fund managers are often bound by fiduciary duties. In certain countries, however, no fiduciary duty is imposed, and in other countries such duties may be contractually eliminated. In such instances where managers operate without owing fiduciary duties, this raises questions about how best to protect vulnerable investors. This paper contributes to the literature on PE/VC industries and their regulation. It demystifies and describes the operation and structure of partnership-type PE/VC funds, which can be a black box to less sophisticated investors. With the basic structure outlined, the paper then highlights the critical role of specific fiduciary duties, as well as the various potential problems arising from a lack of such duties. Finally, given the increasing prevalence of PE/VC funds particularly in developing markets and the corresponding need for regulation, the paper also analyses potential solutions and safeguards that can be implemented to improve regulatory regimes.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"4 1","pages":"66-76"},"PeriodicalIF":0.0,"publicationDate":"2018-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43515426","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}
Pub Date : 2018-07-05DOI: 10.13165/J.ICJ.2018.06.002
G. Mangione
Italy is one of the Western democracies in which referendums are held with the greatest frequency. The use of the referendum, in its various forms, has become an important issue in Italy and is debated on all levels, from academic analysis to public debate, including the work of journalists and clashes between political actors and subjects. However, the intense and continuous debate over the past decades, and above all in the run-up to votes, has often remained within the limits of partisan interpretations, which has given rise to distortions of perspective, acritical condemnations and an equally acritical exaltation of the referendum as an instrument. Referendums have often been understood within the Italian system, not so much as a means of stimulating or supplementing the activity of Parliament, but rather as an exception which, due to its very nature, gives rise to a situation of competition and conflict with the representative system.
{"title":"PRESENTATION AT THE CONFERENCE: BRIEF REMARKS ON REFERENDUMS IN ITALY","authors":"G. Mangione","doi":"10.13165/J.ICJ.2018.06.002","DOIUrl":"https://doi.org/10.13165/J.ICJ.2018.06.002","url":null,"abstract":"Italy is one of the Western democracies in which referendums are held with the greatest frequency. The use of the referendum, in its various forms, has become an important issue in Italy and is debated on all levels, from academic analysis to public debate, including the work of journalists and clashes between political actors and subjects. However, the intense and continuous debate over the past decades, and above all in the run-up to votes, has often remained within the limits of partisan interpretations, which has given rise to distortions of perspective, acritical condemnations and an equally acritical exaltation of the referendum as an instrument. Referendums have often been understood within the Italian system, not so much as a means of stimulating or supplementing the activity of Parliament, but rather as an exception which, due to its very nature, gives rise to a situation of competition and conflict with the representative system.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"4 1","pages":"7-16"},"PeriodicalIF":0.0,"publicationDate":"2018-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48375158","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}
Pub Date : 2018-07-05DOI: 10.13165/j.icj.2018.06.006
Mari Schihalejev
In bankruptcy proceedings, creditors have three main active procedural rights: 1) to submit a proof of claim; 2) to vote at a general meeting of creditors; 3) to satisfy the claim. However, some countries have adopted regulations that specify which creditors are allowed to participate in the proceedings. Such creditors are debtor-related persons, especially shareholders with subordinated loan claims. The Estonian Bankruptcy Act does not provide any regulations governing the participation of debtor-related creditors in the proceedings. Therefore, debtor-related creditors could control the bankruptcy proceedings and the activities of the trustee during a bankruptcy, which harms the rights and interests of non-related creditors. The article aims to find answers to the questions: Should the law provide restrictions on the participation of the debtor-related creditors in bankruptcy proceedings in order to ensure the protection of the parties’ rights and interests, and should shareholders have a right to active participation in bankruptcy proceedings with a subordinated loan claim? This article attempts to find answers to these questions by comparing Estonian, German, Latvian and Lithuanian law.
{"title":"RESTRICTIONS ON THE PARTICIPATION OF DEBTOR-RELATED CREDITORS IN BANKRUPTCY PROCEEDINGS: IS THERE A NEED FOR A NEW APPROACH IN ESTONIAN LAW?","authors":"Mari Schihalejev","doi":"10.13165/j.icj.2018.06.006","DOIUrl":"https://doi.org/10.13165/j.icj.2018.06.006","url":null,"abstract":"In bankruptcy proceedings, creditors have three main active procedural rights: 1) to submit a proof of claim; 2) to vote at a general meeting of creditors; 3) to satisfy the claim. However, some countries have adopted regulations that specify which creditors are allowed to participate in the proceedings. Such creditors are debtor-related persons, especially shareholders with subordinated loan claims. The Estonian Bankruptcy Act does not provide any regulations governing the participation of debtor-related creditors in the proceedings. Therefore, debtor-related creditors could control the bankruptcy proceedings and the activities of the trustee during a bankruptcy, which harms the rights and interests of non-related creditors. The article aims to find answers to the questions: Should the law provide restrictions on the participation of the debtor-related creditors in bankruptcy proceedings in order to ensure the protection of the parties’ rights and interests, and should shareholders have a right to active participation in bankruptcy proceedings with a subordinated loan claim? This article attempts to find answers to these questions by comparing Estonian, German, Latvian and Lithuanian law.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"4 1","pages":"52-65"},"PeriodicalIF":0.0,"publicationDate":"2018-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48087219","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}
Pub Date : 2017-12-28DOI: 10.13165//J.ICJ.2017.12.006
Nasrin Tabatabai Hesari, H. Azari, Mahmood Saber
The topic of recording real estate transactions and the documentation of the rights of all parties is a controversial topic under the Iranian recording system. One of the functions of the recording system is “assuring security” regarding the stability of real estate property transactions, which can affect the rights of third parties as well. “Security” in transactions requires establishing priority for recorded transactions and observing rights concerning unrecorded ones. This means that the developed form of the recording system must move from “static security” to “dynamic security” in order to protect public interests instead of private ones. In reviewing the Iranian legal system, the bases of “Dynamic Security” can identified in various laws related to the recording of real estate transactions that legally recognize formal deeds and recorded rights. However, since these bases have not been theorized yet, there is not enough sanction to guarantee the enforcement of this theory. In addition, judicial procedure has issued a lot of sentences implying the acceptance of “Static Security”, so that private interests are considered much more important than public interests. The lack of any formal and legal “Dynamic Security” theory has even led legislators to adopt rules against this theory by granting the authority to judges to give effect to informal documents as well. All this has resulted in a lack of security and stability in the recording system, which has led to a lack of trust by all parties in trusting the information and the content of a registration book, because any kind of transaction can be nullified by a judicial decision. In applying a qualitative method and content analysis, it can be concluded that “Dynamic Security” can provide very useful tools for guaranteeing the security and stability of real estate transactions. Consequently, it is essential to theorize this security and consider it in the law and practical procedures relating to it.
{"title":"ENSURING “STABILITY OF THE REAL ESTATE LEGAL SITUATION” IN THE IRANIAN LAND RECORDING SYSTEM","authors":"Nasrin Tabatabai Hesari, H. Azari, Mahmood Saber","doi":"10.13165//J.ICJ.2017.12.006","DOIUrl":"https://doi.org/10.13165//J.ICJ.2017.12.006","url":null,"abstract":"The topic of recording real estate transactions and the documentation of the rights of all parties is a controversial topic under the Iranian recording system. One of the functions of the recording system is “assuring security” regarding the stability of real estate property transactions, which can affect the rights of third parties as well. “Security” in transactions requires establishing priority for recorded transactions and observing rights concerning unrecorded ones. This means that the developed form of the recording system must move from “static security” to “dynamic security” in order to protect public interests instead of private ones. In reviewing the Iranian legal system, the bases of “Dynamic Security” can identified in various laws related to the recording of real estate transactions that legally recognize formal deeds and recorded rights. However, since these bases have not been theorized yet, there is not enough sanction to guarantee the enforcement of this theory. In addition, judicial procedure has issued a lot of sentences implying the acceptance of “Static Security”, so that private interests are considered much more important than public interests. The lack of any formal and legal “Dynamic Security” theory has even led legislators to adopt rules against this theory by granting the authority to judges to give effect to informal documents as well. All this has resulted in a lack of security and stability in the recording system, which has led to a lack of trust by all parties in trusting the information and the content of a registration book, because any kind of transaction can be nullified by a judicial decision. In applying a qualitative method and content analysis, it can be concluded that “Dynamic Security” can provide very useful tools for guaranteeing the security and stability of real estate transactions. Consequently, it is essential to theorize this security and consider it in the law and practical procedures relating to it.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"3 1","pages":"188-194"},"PeriodicalIF":0.0,"publicationDate":"2017-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44063620","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}
Pub Date : 2017-12-28DOI: 10.13165/10.13165/J.ICJ.2017.12.003
Anna Rytel-Warzocha
The article is devoted to the conflict over the Constitutional Tribunal in Poland that started in late 2015 and turned into a constitutional crisis in 2016. The article presents the causes and main aspects of the conflict, focusing on the government’s refusal to publish the verdict of the Constitutional Tribunal and the consequences thereof for the effectiveness of the protection of constitutional rights.
{"title":"THE DISPUTE OVER THE CONSTITUTIONAL TRIBUNAL IN POLAND AND ITS IMPACT ON THE PROTECTION OF CONSTITUTIONAL RIGHTS AND FREEDOMS","authors":"Anna Rytel-Warzocha","doi":"10.13165/10.13165/J.ICJ.2017.12.003","DOIUrl":"https://doi.org/10.13165/10.13165/J.ICJ.2017.12.003","url":null,"abstract":"The article is devoted to the conflict over the Constitutional Tribunal in Poland that started in late 2015 and turned into a constitutional crisis in 2016. The article presents the causes and main aspects of the conflict, focusing on the government’s refusal to publish the verdict of the Constitutional Tribunal and the consequences thereof for the effectiveness of the protection of constitutional rights.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"3 1","pages":"153-160"},"PeriodicalIF":0.0,"publicationDate":"2017-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43784166","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：