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The Legal Services Market for Ukrainians in the European Union: The Example of Poland 欧盟乌克兰法律服务市场:以波兰为例
Pub Date : 2021-01-01 DOI: 10.15290/eejtr.2021.05.02.06
S. Lipiec
In Poland and Germany have already lived about 3 million Ukrainians. Polish and German lawyers note that such a large number of immigrants may constitute a substantial market for their legal services. Therefore, they more and more often provide specific legal services to Ukrainians. The basic characteristics of the market of legal services provided to Ukrainians in Poland and the explanation of the functioning mechanisms of the Ukrainian legal services market in Poland and the EU are important elements of the study. During the study, we check the research hypothesis: immigrants from Ukraine to the European Union have co-created a new EU market for legal services. The study was conducted using the method of structured interview among Polish advocates and legal advisers and using the method of content analysis and statistical analysis. The survey results show that in Poland and in Germany there is the Ukrainian legal services market. Polish and German lawyers do not specialize in Ukrainian matters. Special legal services close to Ukrainians are not being developed. However, there is an increased volume of Ukrainian clients in Poland and minor modifications in the manner, number and method of providing services by lawyers. The first experiences of lawyers from cooperation with Ukrainians show that within 10 years, legal services for Ukrainians in Poland and Germany will become one of the most lucrative advocate specializations.
在波兰和德国已经生活了大约300万乌克兰人。波兰和德国的律师指出,如此大量的移民可能构成他们法律服务的巨大市场。因此,他们越来越多地为乌克兰人提供具体的法律服务。在波兰为乌克兰人提供的法律服务市场的基本特征以及对波兰和欧盟乌克兰法律服务市场运行机制的解释是本研究的重要内容。在研究中,我们检验了研究假设:从乌克兰到欧盟的移民共同创造了一个新的欧盟法律服务市场。本研究采用结构化访谈法对波兰辩护人和法律顾问进行访谈,采用内容分析和统计分析方法。调查结果显示,在波兰和德国存在乌克兰法律服务市场。波兰和德国的律师并不专门研究乌克兰问题。与乌克兰人关系密切的特殊法律服务没有得到发展。但是,在波兰的乌克兰客户数量有所增加,律师提供服务的方式、数量和方法也有轻微的改变。与乌克兰人合作的律师的初步经验表明,在10年内,为波兰和德国的乌克兰人提供法律服务将成为最赚钱的辩护专业之一。
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引用次数: 2
A defective directive implementation into national legal framework 有缺陷的指令执行纳入国家法律框架
Pub Date : 2021-01-01 DOI: 10.15290/eejtr.2021.05.02.08
Marika Marciniak
An adoption Better Regulation Programmehad introduced many substantive institutional and procedural changes (European Commission, 2017, p. 1-2). In recent years, the European Commission monitors more rigorouslywith regard to a directive implementation process. The analysis of neoteric case-law of the Court of Justice of the European Union testifies increasing number of infringement proceedings against Member States due to a defective directive implementation into national legal framework. The main aim of article is identification and assessment of the cause defective directive implementation based on the Court of Justice of the European Union case law analysis. Furthermore, the theoretical aspects of implementation, which is an indirect model of legislation and the infringement proceedings according to art. 258 Treaty on Functioning of the European Union was presented in detail. An identification of a daviation has practical significance for better regulation in the European Union. The carried analysis does not have only theoretical significance, though it raises the issue of apparent implementation due to goodness-of-fithypothesis.
采用更好的监管计划引入了许多实质性的制度和程序变化(欧盟委员会,2017年,第1-2页)。近年来,欧盟委员会对指令的实施过程进行了更严格的监督。对欧盟法院近代判例法的分析表明,由于指令在国家法律框架中的执行存在缺陷,针对成员国的侵权诉讼越来越多。本文的主要目的是在欧盟法院判例法分析的基础上,对指令执行缺陷的原因进行识别和评估。再则,理论实施方面,即间接立法模式和侵权诉讼依据艺术。258 .详细介绍了《欧洲联盟运作条约》。识别一种偏差对欧盟更好的监管具有现实意义。所进行的分析不仅具有理论意义,尽管它提出了由于假设良好性而明显实施的问题。
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引用次数: 0
Social Protection of Digital Platform Workers under Norwegian Law 挪威法律对数字平台工作者的社会保护
Pub Date : 2021-01-01 DOI: 10.15290/eejtr.2021.05.02.03
Tine Eidsvaag
The main aim of this article is to investigate some encounters between the Norwegian system of economic risk-pooling for labour engaging individuals, and the emerging digital platform economy. The author argues that Norwegian labour and employment law, as well as social insurance law, may fall short in alleviating the economic strains of the typical digital platform worker in cases of loss of income. This is partly due to legal classification: Where Norwegian labour and employment law operates with two categories of labour engaging individuals: employees and non-employees, Norwegian social insurance law includes three categories: employees, freelancers, and self-employed persons. Employees are entitled to the most comprehensive and high-level coverage of income losses. The legal status of digital platform workers is basically unclear, and they may belong to each of the three categories, depending on contract terms. It is also argued that the Covid 19-pandemic has reinforced the differences between salaried, full-time, employees, and atypical workers such as digital platform workers. The compensation measures issued by the Norwegian state to cover income losses in relation to the pandemic did not meet the needs of the typical –freelance –digital platform worker to the same extent as those of undertakings and ‘traditional’ employees. The article suggests some measures to clarify the legal position and to give a better coverage for digital platform workers in cases of loss of income.
本文的主要目的是研究挪威劳动力参与个人的经济风险分担系统与新兴数字平台经济之间的一些遭遇。作者认为,挪威的劳动和就业法以及社会保险法可能无法减轻典型数字平台工人在收入损失情况下的经济压力。这在一定程度上是由于法律的分类:挪威劳动和就业法将从事劳动的个人分为两类:雇员和非雇员,而挪威社会保险法则包括三类:雇员、自由职业者和自营职业者。员工有权获得最全面和最高水平的收入损失保险。数字平台工作人员的法律地位基本不明确,根据合同条款,他们可能属于这三类中的任何一类。还有人认为,新冠疫情加剧了受薪全职员工和数字平台员工等非典型员工之间的差异。挪威政府为弥补与疫情有关的收入损失而颁布的补偿措施,未能像企业和“传统”雇员那样满足典型的自由数字平台工作人员的需求。文章提出了一些措施,以明确法律立场,并在数字平台工作人员收入损失的情况下给予更好的保障。
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引用次数: 0
Russian Professor as a Laborer in the Era of Ratings, Digitalization and the COVID-19 Pandemic 评分、数字化和新冠肺炎大流行时代的俄罗斯教授劳动者
Pub Date : 2021-01-01 DOI: 10.15290/eejtr.2021.05.02.02
S. Korolev
The traditional labor contract has actually ceased to be the principal legal document, regulating labor relations of Russian university teachers. The individual labor contract was reduced to the status of a mere ‘rudimentary’ annex to the so-called effective contract. The latter is legally non-existent and is not even mentioned in the Labor Code of Russia of 2001. The Covid-19 pandemic with its isolationist features aggravated the absurd paradigm change within the Russian Labor law. As a result, the illegitimate effective contract has virtually supplanted the regular labor contract. There may be traced three dominantfeatures of the new labor regime, induced by the Covid-19 pandemic. Firstly, the said labor regime fosters social dissociation of former (ante-pandemic) colleagues with the inevitable harm to the social nature and human dignity of homo faber. Secondly, wecan witness the strengthening of the external -via internet -exploitation of university teachers by a corresponding managerial staff and the merging of this exploitation with the academic staff’s self-exploitation. Thirdly, the said regime is responsible for virtual disappearance of difference between working days of university teachers and leisure hours, previously reserved for reading and research.
传统的劳动合同实际上已经不再是规范俄罗斯高校教师劳动关系的主要法律文件。个人劳动合同沦为所谓有效合同的“基本”附件。后者在法律上是不存在的,甚至在2001年的俄罗斯劳动法中也没有提到。具有孤立主义特征的新冠肺炎疫情加剧了俄罗斯劳动法中荒谬的范式变化。因此,非法有效合同实际上已经取代了正规劳动合同。新冠肺炎大流行引发的新劳动制度有三个主要特征。首先,上述劳动制度助长了前(流行病前)同事的社会分裂,不可避免地损害了同人的社会性质和人类尊严。其次,我们可以看到相应的管理人员加强了对高校教师的网络外部开发,并将这种开发与学术人员的自我开发相结合。第三,上述制度导致大学教师的工作日与休闲时间之间的差异实际上消失了,而这些时间以前是用于阅读和研究的。
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引用次数: 0
Language as an Interstate Migration Barrier – The Interesting Case of India 语言作为州际移民的障碍——印度的有趣案例
Pub Date : 2021-01-01 DOI: 10.15290/eejtr.2021.05.01.03
Jakub Zieliński
This article focuses on the issue of language as an interstate migration barrier in India. Nowadays, in the era of progressive globalization, when the term “global village” is accurate as never before, more and more attention is paid to the problems regarding migrations. As the result of its internal diversity and multilingualism - Indian society struggles with interstate migration barrier that is nearly non-existent in other countries. Language barrier. There are more than twenty different regional languages being used across India as official languages of particular states, but none of them could be described as the “national” language. As a consequence of that, many Indians are heavily limited in choosing their place of living and managing their education and career. The article provides detailed analysis of the roots of the problem, both historical and legal ones, as well as the evaluation of legislative measures taken in order to resolve it. The paper refers to multiple reports, statistics, and laws regarding discussed matter. Furthermore, this work also highlights the role of both legislature and society in the ongoing process of linguistic transformation.
这篇文章的重点是语言作为印度州际移民障碍的问题。在全球化不断推进的今天,当“地球村”一词前所未有地准确时,移民问题越来越受到人们的关注。由于其内部的多样性和多语言性,印度社会与其他国家几乎不存在的州际移民障碍作斗争。语言障碍。在印度各地,有超过20种不同的地区语言被用作特定邦的官方语言,但没有一种可以被称为“国家”语言。因此,许多印度人在选择居住地、管理教育和职业方面受到严重限制。本文详细分析了这一问题的历史根源和法律根源,并对为解决这一问题所采取的立法措施进行了评价。这篇论文引用了关于讨论事项的多个报告、统计数据和法律。此外,这项工作还强调了立法机构和社会在语言转型过程中的作用。
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引用次数: 0
Current Problems Being Faced by the Consortia with Respect to Industrial Property in the Light of Empirical Research 基于实证研究的工业产权联盟当前面临的问题
Pub Date : 2019-01-01 DOI: 10.15290/eejtr.2019.03.01.01
Adrian Niewęgłowski
This article constitutes a modified version of the paper presented by the author on 8 March 2019 at the first National Scientific Conference for Doctoral Students entitled “Industrial Property Rights in the 21st Century – Theory and Practice.”
本文是作者于2019年3月8日在第一届全国博士生科学会议上发表的题为“21世纪工业产权——理论与实践”的论文的修改版。
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引用次数: 0
The Schumpeterian Approach to Technological Changes in Different Economic System 不同经济体制下技术变革的熊彼特方法
Pub Date : 2019-01-01 DOI: 10.15290/eejtr.2019.03.01.07
R. Ciborowski
Technology change is one of the aspects which should be analysed by various economic relations. The logic of regional systems concerns the integration of enterprises and regional institutions with their environments, which in turn provide them with necessary production factors such as: labour, entrepreneurship, material and non-material infrastructure, social culture, and institutions. The aim of this paper is to analyse the role of technology in the process of creating and using knowledge and its impact on the economic effi ciency of the companies which function within their boundaries. The analysis is conducted using an Schumpeterian approach which gauges the infl uence of technology on the degree of knowledge utilisation and innovation levels in enterprises from regional economic systems.
技术变革是各种经济关系需要分析的方面之一。区域系统的逻辑涉及企业和区域机构与其环境的整合,而环境又为它们提供必要的生产因素,例如:劳动力、企业家精神、物质和非物质基础设施、社会文化和机构。本文的目的是分析技术在创造和使用知识的过程中的作用及其对在其边界内运作的公司的经济效率的影响。该分析采用熊彼特方法进行,该方法衡量技术对区域经济系统中企业知识利用程度和创新水平的影响。
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引用次数: 0
Is the Compulsory Licensing Mechanism Guaranteed by TRIPS the Best Remedy to Improve Access to Biological Therapies Worldwide? 《与贸易有关的知识产权协定》所保证的强制许可机制是改善全世界生物疗法可及性的最佳补救办法吗?
Pub Date : 2019-01-01 DOI: 10.15290/eejtr.2019.03.01.03
Zbigniew Więckowski
I would like to thank dr hab. Marek Świerczynski prof. UKSW for his comments and suggestions, which helped me considerably to improve the article.
我要感谢hab博士。Marek Świerczynski UKSW教授的意见和建议,对我的文章有很大的帮助。
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引用次数: 0
Music Trademarks and Their Protection in Trademark and Copyright Law 音乐商标及其在商标与著作权法中的保护
Pub Date : 2019-01-01 DOI: 10.15290/eejtr.2019.03.01.04
Dominika Stopczańska
The changes recently introduced in both European regulations (article 4 of the Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 of the European Union trade mark, article 3 of the Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of Member State relating to trade marks), as well as in Polish national regulations (article 120 of the ustawa – prawo własności przemysłowej of 30 June 2000 Dz. U. no 49 position 508 with changes) make registering a sound trademark not only possible on the base of its graphical representation (musical score or sonogram) but also its recording. On the one hand, it will make registration easier, but on the other, it will signifi cantly change the nature of the subject of registration. Especially, it will concern signs which could be called musical trademarks. Their recording shall be seen as a kind of process in which each step is created by another person: the creator of the work, its performer and fi nally producer. What is the most important, each of them has his/ her own right, i.e. copyright or related right. The article will present the characteristics of musical trademarks, rights to them vested in their “creators” on the basis of Polish law and the relationships between those rights, including some specifi cs of musical trademark both as a trademark and musical work.
最近推出了在欧洲法规变化(第四条规定(欧盟)2017/1001的欧洲议会和理事会2017年6月14日的欧盟商标,3条指令(欧盟)2015/2436的欧洲议会和理事会2015年12月16日近似成员国有关商标的法律),以及在波兰国家规定(第120条ustawa——prawo własności przemysłowej 2000年6月30日Dz。美国第49号,第508号,修改后)使得注册声音商标不仅可以根据其图形表示(乐谱或声谱图),而且可以根据其录音。一方面,它将使注册更容易,但另一方面,它将显著改变注册主体的性质。特别是,它将涉及可称为音乐商标的标志。他们的录音应被视为一种过程,其中的每一步都是由另一个人创造的:作品的创作者、表演者和最终的制作人。最重要的是,他们每个人都有自己的权利,即版权或相关权。本文将介绍音乐商标的特点,根据波兰法律赋予其“创作者”的权利,以及这些权利之间的关系,包括音乐商标作为商标和音乐作品的一些具体情况。
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引用次数: 0
The Legal and Axiological Aspects of Preventing the Causes of Disability in the context of a ‘healthy environment’ 在"健康环境"背景下预防残疾原因的法律和价值论问题
Pub Date : 2019-01-01 DOI: 10.15290/eejtr.2019.03.02.02
Radosław Mędrzycki
The present article is an attempt to discuss the legal and axiological aspects of preventing the causes of disability in the context of a “healthy” environment. The legal discourse on disability naturally touches upon matters related to the models of disability and the rights of the disabled. Yet, legal studies seldom link disability with environmental causes and consider the legal aspects of the subject from that perspective. This article explores the fundamental axiological conditions for combating the environmental factors of disability. The considerations resulted in listing the constitutional conditions in the form of a ‘healthy environment’ and two vital principles: the principle of sustainable development and the principle of intergenerational solidarity. Furthermore, both principles are based on supranational regulations.
本文试图讨论在"健康"环境的背景下预防残疾原因的法律和价值论方面的问题。关于残疾的法律论述自然涉及到残疾模式和残疾人权利的相关问题。然而,法律研究很少将残疾与环境原因联系起来,并从这个角度考虑该主题的法律方面。本文探讨了与残疾的环境因素作斗争的基本价值论条件。经过考虑,以"健康环境"的形式列出了宪法条件和两项重要原则:可持续发展原则和代际团结原则。此外,这两项原则都基于超国家的规定。
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引用次数: 1
期刊
Eastern European Journal of Transnational Relations
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