Pub Date : 2022-11-24DOI: 10.1163/22134514-bja10046
A. Sultanova, G. Ilyassova
The paper explores current theoretical and practical challenges on the way to improve consumer protection in Kazakhstan in the existing environment. Kazakhstan consistently implements reforms to improve the national consumer protection system, given the growing public demand for better quality services in many areas of life. The entire consumer protection system is now being restructured to secure consumer rights based on here and now principle. Theoretical conclusions and proposals for improving consumer protection legislation and law enforcement practices were based on the research findings. More specifically, new administrative, judicial, blended protection approaches, enhancing consumer protection efficiency, were suggested following generalization of European practice. The study revealed common EU approaches to transition from the conventional administrative approach to a blended consumer legal protection approach. The research findings suggested that consumers may be protected only with the effective cooperation of all state bodies and consumer organizations.
{"title":"The Consumer Protection Approach in Kazakhstan","authors":"A. Sultanova, G. Ilyassova","doi":"10.1163/22134514-bja10046","DOIUrl":"https://doi.org/10.1163/22134514-bja10046","url":null,"abstract":"\u0000The paper explores current theoretical and practical challenges on the way to improve consumer protection in Kazakhstan in the existing environment. Kazakhstan consistently implements reforms to improve the national consumer protection system, given the growing public demand for better quality services in many areas of life. The entire consumer protection system is now being restructured to secure consumer rights based on here and now principle. Theoretical conclusions and proposals for improving consumer protection legislation and law enforcement practices were based on the research findings. More specifically, new administrative, judicial, blended protection approaches, enhancing consumer protection efficiency, were suggested following generalization of European practice. The study revealed common EU approaches to transition from the conventional administrative approach to a blended consumer legal protection approach. The research findings suggested that consumers may be protected only with the effective cooperation of all state bodies and consumer organizations.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43123006","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 : 2022-10-26DOI: 10.1163/22134514-bja10040
M. Riekkinen, Pekka Riekkinen
We study how the principle of equal opportunity is reflected in national laws on implementing the right to free and compulsory basic education in Finland and Russia (those being the 1998 Basic Education Act in Finland and the 2012 Federal Law “On Education in the Russian Federation” in Russia). We pursue to find answers to the following question: which elements comprising the principle of equality of educational opportunity are manifested in two laws under review, notwithstanding the significant differences in legal traditions and the respective approaches to equality in two states under consideration. The accuracy of our analysis is based on the existing universal “four A’s scale” of education for all, set forth by the UN Committee on Economic, Social and Cultural Rights, i.e., availability, acceptability, accessibility, and adaptability.
{"title":"Basic Education for All","authors":"M. Riekkinen, Pekka Riekkinen","doi":"10.1163/22134514-bja10040","DOIUrl":"https://doi.org/10.1163/22134514-bja10040","url":null,"abstract":"\u0000 We study how the principle of equal opportunity is reflected in national laws on implementing the right to free and compulsory basic education in Finland and Russia (those being the 1998 Basic Education Act in Finland and the 2012 Federal Law “On Education in the Russian Federation” in Russia). We pursue to find answers to the following question: which elements comprising the principle of equality of educational opportunity are manifested in two laws under review, notwithstanding the significant differences in legal traditions and the respective approaches to equality in two states under consideration. The accuracy of our analysis is based on the existing universal “four A’s scale” of education for all, set forth by the UN Committee on Economic, Social and Cultural Rights, i.e., availability, acceptability, accessibility, and adaptability.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49477255","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 : 2022-10-12DOI: 10.1163/22134514-bja10044
Zakaria Talouni, Aleksandra Rabczun
Class actions appear as a mechanism for regulating markets and encouraging honest practices. In light of economic developments, civil law systems today focus on adopting lawsuits capable of protecting aggrieved persons and easing pressure on courts as well as remedying the shortcomings of some other types of group lawsuits, which are ineffective, as we may learn from previous cases. This article is based on civil law jurisdictions; it analyses and highlights various legal principles that impede the adoption and efficiency of class actions to show that they are not an unfit lawsuit but rather a hindered one. The article adopts a comparative approach to two different law systems to demonstrate how each system regulates class actions: French legislation as an example of a civil law system and American legislation as an example of a common law system.
{"title":"Class Actions in Civil Law Systems","authors":"Zakaria Talouni, Aleksandra Rabczun","doi":"10.1163/22134514-bja10044","DOIUrl":"https://doi.org/10.1163/22134514-bja10044","url":null,"abstract":"\u0000Class actions appear as a mechanism for regulating markets and encouraging honest practices. In light of economic developments, civil law systems today focus on adopting lawsuits capable of protecting aggrieved persons and easing pressure on courts as well as remedying the shortcomings of some other types of group lawsuits, which are ineffective, as we may learn from previous cases.\u0000This article is based on civil law jurisdictions; it analyses and highlights various legal principles that impede the adoption and efficiency of class actions to show that they are not an unfit lawsuit but rather a hindered one. The article adopts a comparative approach to two different law systems to demonstrate how each system regulates class actions: French legislation as an example of a civil law system and American legislation as an example of a common law system.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45601564","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 : 2022-10-10DOI: 10.1163/22134514-bja10031
Oleksandr A. Lyubchik, O. Lytvynov, Anton S. Kudinov, Maksym Kryvonos, Olha I. Revenko
The urgency of the studied problem is due to the European integration of Ukraine and the presence in modern Ukrainian society of an acute need for codification of labour legislation. Ukraine has an extensive system of labour regulations that fail to correspond to one another and often lead to the violation of constitutional and human rights. This article aims to analyse the legislation of leading European countries in the field of codification of labour legislation in order to identify factors and problems of codification of labour legislation in Ukraine. Based on a comparative analysis of Ukrainian and European legislation in the field of codification of labour law, a list of recommendations will be presented aimed at improving the codification process of labour law in Ukraine. The materials of the article have practical value for everyone, who must participate in effective lawmaking in Ukraine.
{"title":"Comparative Aspects of the Codification of Labour Legislation in Ukraine and Leading European Countries","authors":"Oleksandr A. Lyubchik, O. Lytvynov, Anton S. Kudinov, Maksym Kryvonos, Olha I. Revenko","doi":"10.1163/22134514-bja10031","DOIUrl":"https://doi.org/10.1163/22134514-bja10031","url":null,"abstract":"\u0000The urgency of the studied problem is due to the European integration of Ukraine and the presence in modern Ukrainian society of an acute need for codification of labour legislation. Ukraine has an extensive system of labour regulations that fail to correspond to one another and often lead to the violation of constitutional and human rights. This article aims to analyse the legislation of leading European countries in the field of codification of labour legislation in order to identify factors and problems of codification of labour legislation in Ukraine. Based on a comparative analysis of Ukrainian and European legislation in the field of codification of labour law, a list of recommendations will be presented aimed at improving the codification process of labour law in Ukraine. The materials of the article have practical value for everyone, who must participate in effective lawmaking in Ukraine.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43729350","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 : 2022-10-06DOI: 10.1163/22134514-bja10043
Zackary Goldford
Some American law and economics scholars have used the term “penalty default rules” to describe default rules that are undesirable to at least one party to a contract. Parties have incentives to depart from these default rules and to share information in doing so. In a recent article, I brought this concept outside of the United States, the common law tradition and the law and economics literature by using it to describe a selection of rules in Québec contract law. In this article, I build on that work by identifying a selection of penalty default rules in three other civilian jurisdictions – France, Germany and Louisiana – that apply to contract formation, contract interpretation, changed circumstances and remedies for breach. Then, I argue that the penalty default rules that I have identified serve two valuable functions. First, they enhance at least some parties’ freedom of contract by better equipping them to make informed decisions. Second, they complement the duty of good faith by incentivizing the sharing of information, including information that might not always need to be shared in order to comply with the duty of good faith. Although these functions are somewhat different than those that law and economics scholars have attributed to American penalty default rules, my analysis reveals that penalty default rules both exist and have value in the civilian world.
{"title":"Penalty Default Rules in French, German and Louisianan Contract Law","authors":"Zackary Goldford","doi":"10.1163/22134514-bja10043","DOIUrl":"https://doi.org/10.1163/22134514-bja10043","url":null,"abstract":"\u0000Some American law and economics scholars have used the term “penalty default rules” to describe default rules that are undesirable to at least one party to a contract. Parties have incentives to depart from these default rules and to share information in doing so. In a recent article, I brought this concept outside of the United States, the common law tradition and the law and economics literature by using it to describe a selection of rules in Québec contract law. In this article, I build on that work by identifying a selection of penalty default rules in three other civilian jurisdictions – France, Germany and Louisiana – that apply to contract formation, contract interpretation, changed circumstances and remedies for breach. Then, I argue that the penalty default rules that I have identified serve two valuable functions. First, they enhance at least some parties’ freedom of contract by better equipping them to make informed decisions. Second, they complement the duty of good faith by incentivizing the sharing of information, including information that might not always need to be shared in order to comply with the duty of good faith. Although these functions are somewhat different than those that law and economics scholars have attributed to American penalty default rules, my analysis reveals that penalty default rules both exist and have value in the civilian world.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43460555","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 : 2022-07-14DOI: 10.1163/22134514-bja10036
Katia Cejie
The concept “rule of law” is used worldwide. However, the meaning of the concept varies, depending on several factors such as geography and history. This article provides a brief overview of how the concept is understood in the Swedish and Chinese legal contexts, by defining its different characteristics. The research confirms that the concept, which originates from the West, is used and perceived quite differently in the two countries. In fact, the use of different terminology, law-state thinking and socialist rule of law with Chinese characteristics, confirm the differences in understanding.
{"title":"Rule of Law: a Fundamental Concept Without a Coherent Meaning","authors":"Katia Cejie","doi":"10.1163/22134514-bja10036","DOIUrl":"https://doi.org/10.1163/22134514-bja10036","url":null,"abstract":"\u0000The concept “rule of law” is used worldwide. However, the meaning of the concept varies, depending on several factors such as geography and history. This article provides a brief overview of how the concept is understood in the Swedish and Chinese legal contexts, by defining its different characteristics. The research confirms that the concept, which originates from the West, is used and perceived quite differently in the two countries. In fact, the use of different terminology, law-state thinking and socialist rule of law with Chinese characteristics, confirm the differences in understanding.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44353549","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 : 2022-07-14DOI: 10.1163/22134514-bja10041
S. Fox
The reality is that transport and mobility matters to us all, it literally sustains our lives being an enabler of our economic and social life. ‘We’ take it for granted and perhaps none more so than the motorcar. Yet road transport also comes at a price – it takes lives. From a United Nations perspective, it is identified that road crashes risk jeopardizing the whole sustainable development agenda. This research commences by reflecting on the history and strategic direction being advocated at an international level. It considers the global divide, before attention and emphasis is turned to the EU’s approach to saving lives on the road. This is also compared with the US. The method applied is from a legal/policy measures approach – which puts the driver at the heart of intervention strategies. Focus in particular is accorded to the success of the EU driver/education law and policy. Comparisons are also drawn within, between the pandemic of Covid-19 and this global epidemic (in terms of lives lost). It concludes by declaring road deaths as a global emergency, one that needs to be approached in the same way and with the same vigour and haste, in order to stop numbers rising.
{"title":"Road Safety – A Global Emergency The EU Direction of Travel","authors":"S. Fox","doi":"10.1163/22134514-bja10041","DOIUrl":"https://doi.org/10.1163/22134514-bja10041","url":null,"abstract":"\u0000The reality is that transport and mobility matters to us all, it literally sustains our lives being an enabler of our economic and social life. ‘We’ take it for granted and perhaps none more so than the motorcar. Yet road transport also comes at a price – it takes lives.\u0000From a United Nations perspective, it is identified that road crashes risk jeopardizing the whole sustainable development agenda.\u0000This research commences by reflecting on the history and strategic direction being advocated at an international level. It considers the global divide, before attention and emphasis is turned to the EU’s approach to saving lives on the road. This is also compared with the US. The method applied is from a legal/policy measures approach – which puts the driver at the heart of intervention strategies. Focus in particular is accorded to the success of the EU driver/education law and policy.\u0000Comparisons are also drawn within, between the pandemic of Covid-19 and this global epidemic (in terms of lives lost). It concludes by declaring road deaths as a global emergency, one that needs to be approached in the same way and with the same vigour and haste, in order to stop numbers rising.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43281294","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 : 2022-06-17DOI: 10.1163/22134514-09020001
A. C. Ciacchi, Lieselot Bisschop, R. Repasi
{"title":"The Public-Private Challenge in Comparative Law and Governance","authors":"A. C. Ciacchi, Lieselot Bisschop, R. Repasi","doi":"10.1163/22134514-09020001","DOIUrl":"https://doi.org/10.1163/22134514-09020001","url":null,"abstract":"","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47266316","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 : 2022-05-18DOI: 10.1163/22134514-bja10037
G. Cicchiello
This article performs an assessment of the EU Agri-food legislation in the context of the covid-19 crisis: new priorities into a new scenario. Taking the General Food Law as a focal point, this article analyses and explains the institutional, substantive, and procedural elements of EU food law and his intersection with International Trade Law. Principles are discussed as well as specific rules addressing food as a product, the processes related to food and communication about food to consumers. In fact, it is interesting to retrace the points of contact that food legislation shares with other legal disciplines since it is well known that the matter has a cross-cutting scope, i.e., from Agricultural Law to ip Law, from Criminal Law to International Trade Law. Although, the importance of food and related trade issues have always been regulated in times of emergency, as the bse crisis (Bovine Spongiform Encephalopathy, commonly known as “mad cow disease”) or during a worldwide pandemic (covid-19). However, until the publication of the Reg. 178/2002, it would have been impossible any given attempt to attribute the requisites of a coherent legal framework to the disordered, episodic, and often dictated by hot reactions of Food Law, understood as a system of rules ordered based on its own principles. Progress made by regulatory interventions that allows today to observe the matter under a different angle.In fact, attention is given to the international context (wto, Codex Alimentarius) as well as to the relationship with food trade policies and the current legal framework and regulatory provisions (such as those contained in Chapter i and ii) of Reg. 178/2002, the latter titled General Food Law.
{"title":"The European Agri-Food Legislation and Trade Agreements in the Context of the covid-19 Crisis","authors":"G. Cicchiello","doi":"10.1163/22134514-bja10037","DOIUrl":"https://doi.org/10.1163/22134514-bja10037","url":null,"abstract":"\u0000This article performs an assessment of the EU Agri-food legislation in the context of the covid-19 crisis: new priorities into a new scenario. Taking the General Food Law as a focal point, this article analyses and explains the institutional, substantive, and procedural elements of EU food law and his intersection with International Trade Law. Principles are discussed as well as specific rules addressing food as a product, the processes related to food and communication about food to consumers.\u0000In fact, it is interesting to retrace the points of contact that food legislation shares with other legal disciplines since it is well known that the matter has a cross-cutting scope, i.e., from Agricultural Law to ip Law, from Criminal Law to International Trade Law. Although, the importance of food and related trade issues have always been regulated in times of emergency, as the bse crisis (Bovine Spongiform Encephalopathy, commonly known as “mad cow disease”) or during a worldwide pandemic (covid-19).\u0000However, until the publication of the Reg. 178/2002, it would have been impossible any given attempt to attribute the requisites of a coherent legal framework to the disordered, episodic, and often dictated by hot reactions of Food Law, understood as a system of rules ordered based on its own principles. Progress made by regulatory interventions that allows today to observe the matter under a different angle.In fact, attention is given to the international context (wto, Codex Alimentarius) as well as to the relationship with food trade policies and the current legal framework and regulatory provisions (such as those contained in Chapter i and ii) of Reg. 178/2002, the latter titled General Food Law.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48899442","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 : 2022-05-17DOI: 10.1163/22134514-bja10038
Husain Alrashidi
The Kuwaiti legislator has introduced within the Civil Code articles to combat the abuse of a contractor’s vulnerability. We were able to demonstrate drawbacks to the concept, conditions, and effects. It is recommended to cancel these articles and replace them with others. In the search for alternatives, we found the rules regarding lesion and consent could be applied in place of exploitation of vulnerability. Nevertheless, we have excluded them from consideration as only certain people have the ability to invoke these rules. Overall, it seems to the author that the principle of good faith and the principle of loyalty, which reign all phases of contraction, are sufficient to protect the vulnerable and disadvantaged. The contractors must conclude and execute the contract fairly and in good faith. It is deemed as bad faith and lack of loyalty when someone seeks to profit from the vulnerable position of his contractor.
{"title":"The Fight against the Exploitation of Vulnerability According to the Kuwaiti Civil Code","authors":"Husain Alrashidi","doi":"10.1163/22134514-bja10038","DOIUrl":"https://doi.org/10.1163/22134514-bja10038","url":null,"abstract":"\u0000The Kuwaiti legislator has introduced within the Civil Code articles to combat the abuse of a contractor’s vulnerability. We were able to demonstrate drawbacks to the concept, conditions, and effects. It is recommended to cancel these articles and replace them with others. In the search for alternatives, we found the rules regarding lesion and consent could be applied in place of exploitation of vulnerability. Nevertheless, we have excluded them from consideration as only certain people have the ability to invoke these rules. Overall, it seems to the author that the principle of good faith and the principle of loyalty, which reign all phases of contraction, are sufficient to protect the vulnerable and disadvantaged. The contractors must conclude and execute the contract fairly and in good faith. It is deemed as bad faith and lack of loyalty when someone seeks to profit from the vulnerable position of his contractor.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48634198","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}
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