Pub Date : 2022-06-15DOI: 10.47745/ausleg.2022.11.1.02
Ivan Jokanović, A. Dudás
The objective of this paper is to analyse the legal position of the consumer in the event of a lack of conformity of the goods in Croatian and Serbian law. The national regulations governing this issue in both states are influenced by the legislation of the European Union. More specifically, Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees influenced the Serbian Consumer Protection Act, while the said Directive and the new Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods influenced the Croatian Act on Obligations. However, both legislators preserved certain specific rules, most notably the ones pertaining to the rescission of the contract. Given the fact that Serbia has not yet harmonized its Consumer Protection Act with Directive (EU) 2019/771, its regulation is to be assessed taking into account only Directive 1999/44/EC. In comparing the two legal orders, the paper discusses several issues in relation to consumer sales, such as the sources of law in this field and their application, basic definitions and the notion of conformity of the goods with the contract and consumers’ rights in the event of a lack of conformity, with the aim to identify differences, similarities, and specificities. It can be inferred that the main differences concern the regulatory approach, the definition of the notion of conformity of the goods with the contract, and certain specific rules relating to the rescission of the contract. On the other hand, the main similarities regard the hierarchy of the rights at the disposal of the consumer and the time limit during which the seller may be held liable.
{"title":"Legal Position of the Consumer in the Event of a Lack of Conformity of the Goods in Croatian and Serbian Law","authors":"Ivan Jokanović, A. Dudás","doi":"10.47745/ausleg.2022.11.1.02","DOIUrl":"https://doi.org/10.47745/ausleg.2022.11.1.02","url":null,"abstract":"The objective of this paper is to analyse the legal position of the consumer in the event of a lack of conformity of the goods in Croatian and Serbian law. The national regulations governing this issue in both states are influenced by the legislation of the European Union. More specifically, Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees influenced the Serbian Consumer Protection Act, while the said Directive and the new Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods influenced the Croatian Act on Obligations. However, both legislators preserved certain specific rules, most notably the ones pertaining to the rescission of the contract. Given the fact that Serbia has not yet harmonized its Consumer Protection Act with Directive (EU) 2019/771, its regulation is to be assessed taking into account only Directive 1999/44/EC. In comparing the two legal orders, the paper discusses several issues in relation to consumer sales, such as the sources of law in this field and their application, basic definitions and the notion of conformity of the goods with the contract and consumers’ rights in the event of a lack of conformity, with the aim to identify differences, similarities, and specificities. It can be inferred that the main differences concern the regulatory approach, the definition of the notion of conformity of the goods with the contract, and certain specific rules relating to the rescission of the contract. On the other hand, the main similarities regard the hierarchy of the rights at the disposal of the consumer and the time limit during which the seller may be held liable.","PeriodicalId":419539,"journal":{"name":"Acta Universitatis Sapientiae, Legal Studies","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126224030","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 : 2022-06-15DOI: 10.47745/ausleg.2022.11.1.04
Gauri Nirwal
This paper provides insight into the concept of public policy and its relationship to the law. The purpose of this paper is to describe how public policy is applied in the legal world, particularly in the field of internal commercial arbitration. The paper identifies the public policy dynamic and its applicability in various jurisdictions. The major issue confronting countries that use arbitration as a dispute resolution mechanism is the defence of public policy and its ever-changing complexities. The public policy process is said to be versatile since it operates under a variety of social, political, and economic situations. The guiding role of public policy forbids regulatory authorities from enacting legislation against it. This study uses a literature analysis to assess an
{"title":"The General Concept of Public Policy and Law","authors":"Gauri Nirwal","doi":"10.47745/ausleg.2022.11.1.04","DOIUrl":"https://doi.org/10.47745/ausleg.2022.11.1.04","url":null,"abstract":"This paper provides insight into the concept of public policy and its relationship to the law. The purpose of this paper is to describe how public policy is applied in the legal world, particularly in the field of internal commercial arbitration. The paper identifies the public policy dynamic and its applicability in various jurisdictions. The major issue confronting countries that use arbitration as a dispute resolution mechanism is the defence of public policy and its ever-changing complexities. The public policy process is said to be versatile since it operates under a variety of social, political, and economic situations. The guiding role of public policy forbids regulatory authorities from enacting legislation against it. This study uses a literature analysis to assess an","PeriodicalId":419539,"journal":{"name":"Acta Universitatis Sapientiae, Legal Studies","volume":"772 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117020332","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 : 2022-06-15DOI: 10.47745/ausleg.2022.11.1.01
Daniel Haitas
This study deals with aspects of Britain’s engagement with the region of the Arctic Circle, both in times past and during the present period. With regard to the past, it specifically looks at English and Scottish engagement with the area of Spitsbergen (present-day Svalbard, Norway), with a focus on exploration and whaling activities, and the competition that subsequently ensued with other European powers as a result. This also involves looking at legal issues that arose over time with regard to the archipelago. Furthermore, it examines how Svalbard has now once again become a source of contention, specifically between the European Union and Norway as a result of the allocation of fishing quotas that came about due to Brexit. This has caused tensions between the two entities, with both sides utilizing legal arguments to justify and bolster their positions. This incident is yet another example of the far-reaching impact that the restructuring of EU–UK relations has had as a result of the latter’s departure from the former. Lastly, the article also surveys British engagement with the Arctic region at the present time, including Scotland’s attempt at articulating an independent policy of engagement for itself with regard to the area.
{"title":"The British Isles and the Arctic Circle: Episodes from the Past and Present","authors":"Daniel Haitas","doi":"10.47745/ausleg.2022.11.1.01","DOIUrl":"https://doi.org/10.47745/ausleg.2022.11.1.01","url":null,"abstract":"This study deals with aspects of Britain’s engagement with the region of the Arctic Circle, both in times past and during the present period. With regard to the past, it specifically looks at English and Scottish engagement with the area of Spitsbergen (present-day Svalbard, Norway), with a focus on exploration and whaling activities, and the competition that subsequently ensued with other European powers as a result. This also involves looking at legal issues that arose over time with regard to the archipelago. Furthermore, it examines how Svalbard has now once again become a source of contention, specifically between the European Union and Norway as a result of the allocation of fishing quotas that came about due to Brexit. This has caused tensions between the two entities, with both sides utilizing legal arguments to justify and bolster their positions. This incident is yet another example of the far-reaching impact that the restructuring of EU–UK relations has had as a result of the latter’s departure from the former. Lastly, the article also surveys British engagement with the Arctic region at the present time, including Scotland’s attempt at articulating an independent policy of engagement for itself with regard to the area.","PeriodicalId":419539,"journal":{"name":"Acta Universitatis Sapientiae, Legal Studies","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125697475","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 : 2022-06-15DOI: 10.47745/ausleg.2022.11.1.08
Pál Szentpáli-Gavallér
This study outlines the historical and theoretical background of the evolution of sovereignty and monarchy, that is, its Roman-Germanic roots, as well as the constitutional history of Hungarian and Transylvanian sovereignty, and discusses the limitations of the ruler’s power, in particular the fundamental role of Transylvanian electoral conditions, on the basis of which the Transylvanian princely state was given a manner of rule of law.
{"title":"The Emergence and Limits of State Supremacy. A Comparative Analysis of the Powers of the Prince of Transylvania and the Habsburgs Holding the Hungarian Royal Title","authors":"Pál Szentpáli-Gavallér","doi":"10.47745/ausleg.2022.11.1.08","DOIUrl":"https://doi.org/10.47745/ausleg.2022.11.1.08","url":null,"abstract":"This study outlines the historical and theoretical background of the evolution of sovereignty and monarchy, that is, its Roman-Germanic roots, as well as the constitutional history of Hungarian and Transylvanian sovereignty, and discusses the limitations of the ruler’s power, in particular the fundamental role of Transylvanian electoral conditions, on the basis of which the Transylvanian princely state was given a manner of rule of law.","PeriodicalId":419539,"journal":{"name":"Acta Universitatis Sapientiae, Legal Studies","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114252163","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 : 2022-06-15DOI: 10.47745/ausleg.2022.11.1.06
Réka Pusztahelyi, Ibolya Stefán
Household social robots may have massive effects on our everyday lives and raise several concerns on data protection and privacy. The main characteristic of these devices is their capability of building close connections, even emotional bonds between humans and robots. The socially interactive robots exhibit human social characteristics, e.g. express and/or perceive emotions, communicate with high-level dialogue, etc. Affective computing permits development of AI systems that are capable of imitating human traits (emotions, speech, body language). The goal is to gain the trust of humans, to improve safety, and to strengthen emotional bonds between human and robot with the help of anthropomorphization. However, this emotional engagement may incentivize people to trade personal information jeopardizing their privacy. Social robots can infer from emotional expressions and gestures the feelings, physical and mental states of human beings. As a result, concerns may be raised regarding data protection, such as the classification of emotions, the issues of consent, and appearance of the right to explanation. The article proceeds in two main stages. The first chapter deals with general questions relating to emotional AI and social robots, focusing on the deceptive and manipulative nature that makes humans disclose more and more information and lull their privacy and data protection awareness. The second chapter serves to demonstrate several data protection problems such as the categorization and datafication of emotions (as biometrics), the issues of consent, and the appearance of the right to explanation. The third chapter highlights certain civil liability concerns regarding the infringement of the right to privacy in the light of the future EU civil liability regime for artificial intelligence.
{"title":"Household Social Robots − Special Issues Relating to Data Protection","authors":"Réka Pusztahelyi, Ibolya Stefán","doi":"10.47745/ausleg.2022.11.1.06","DOIUrl":"https://doi.org/10.47745/ausleg.2022.11.1.06","url":null,"abstract":"Household social robots may have massive effects on our everyday lives and raise several concerns on data protection and privacy. The main characteristic of these devices is their capability of building close connections, even emotional bonds between humans and robots. The socially interactive robots exhibit human social characteristics, e.g. express and/or perceive emotions, communicate with high-level dialogue, etc. Affective computing permits development of AI systems that are capable of imitating human traits (emotions, speech, body language). The goal is to gain the trust of humans, to improve safety, and to strengthen emotional bonds between human and robot with the help of anthropomorphization. However, this emotional engagement may incentivize people to trade personal information jeopardizing their privacy. Social robots can infer from emotional expressions and gestures the feelings, physical and mental states of human beings. As a result, concerns may be raised regarding data protection, such as the classification of emotions, the issues of consent, and appearance of the right to explanation. The article proceeds in two main stages. The first chapter deals with general questions relating to emotional AI and social robots, focusing on the deceptive and manipulative nature that makes humans disclose more and more information and lull their privacy and data protection awareness. The second chapter serves to demonstrate several data protection problems such as the categorization and datafication of emotions (as biometrics), the issues of consent, and the appearance of the right to explanation. The third chapter highlights certain civil liability concerns regarding the infringement of the right to privacy in the light of the future EU civil liability regime for artificial intelligence.","PeriodicalId":419539,"journal":{"name":"Acta Universitatis Sapientiae, Legal Studies","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122301252","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 : 2022-06-15DOI: 10.47745/ausleg.2022.11.1.03
B. Kovács
Lobbying is usually associated with corrupt activities, but its regulation is viewed as an especially important tool for eradicating corruption. Nevertheless, countries seem to find it hard to grapple with the matter of regulating lobbying, demonstrated by the fact that such regulation is predominantly lacking worldwide. The paper presents a brief incursion into the field of lobbying regulation in several countries of East Central Europe: the Czech Republic, Hungary, Poland, Romania, Slovakia, and Slovenia. It delves into some of the specifics of each country’s regulation in this respect or the lack thereof, trying to make sense of the reasons why countries seem to struggle with this regulatory challenge. As a topic that has been marked as important by the European Commission in its Rule of Law Reports, the paper looks into the ways this issue has been approached by the aforementioned countries in the light of their membership of the European Union and the public opinion of their citizens.
{"title":"Between Anti-corruption and Access to the Legislative Process: A Glimpse into Lobbying Regulation in East Central Europe","authors":"B. Kovács","doi":"10.47745/ausleg.2022.11.1.03","DOIUrl":"https://doi.org/10.47745/ausleg.2022.11.1.03","url":null,"abstract":"Lobbying is usually associated with corrupt activities, but its regulation is viewed as an especially important tool for eradicating corruption. Nevertheless, countries seem to find it hard to grapple with the matter of regulating lobbying, demonstrated by the fact that such regulation is predominantly lacking worldwide. The paper presents a brief incursion into the field of lobbying regulation in several countries of East Central Europe: the Czech Republic, Hungary, Poland, Romania, Slovakia, and Slovenia. It delves into some of the specifics of each country’s regulation in this respect or the lack thereof, trying to make sense of the reasons why countries seem to struggle with this regulatory challenge. As a topic that has been marked as important by the European Commission in its Rule of Law Reports, the paper looks into the ways this issue has been approached by the aforementioned countries in the light of their membership of the European Union and the public opinion of their citizens.","PeriodicalId":419539,"journal":{"name":"Acta Universitatis Sapientiae, Legal Studies","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114442290","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 : 2022-06-15DOI: 10.47745/ausleg.2022.11.1.05
T. Nótári
Almost all German codices – except for Lex Saxonum, Lex Thuringorum, and Ewa Chamavorum – extensively discuss legal protection of the grave and the dead body and sanction persons who disgrace them. This scope of issues is dwelt upon in details by Edictum Theodorici, Leges Visigothorum, Lex Burgundionum, Edictus Rothari, Lex Salica, Lex Ribuaria, the Pactus, Lex Alamannorum, and Lex Baiuvariorum.In the present paper, we analyse the state of facts that constitute grave robbery in Frankish laws. This investigation requires the analysis of the legal source base as well as some examination in the history of language, which allows a comparative analysis of the issue and helps to highlight the various layers of the norms of Frankish laws by the example of this state of facts.
{"title":"Grave Robbery in Early Mediaeval Frankish Laws","authors":"T. Nótári","doi":"10.47745/ausleg.2022.11.1.05","DOIUrl":"https://doi.org/10.47745/ausleg.2022.11.1.05","url":null,"abstract":"Almost all German codices – except for Lex Saxonum, Lex Thuringorum, and Ewa Chamavorum – extensively discuss legal protection of the grave and the dead body and sanction persons who disgrace them. This scope of issues is dwelt upon in details by Edictum Theodorici, Leges Visigothorum, Lex Burgundionum, Edictus Rothari, Lex Salica, Lex Ribuaria, the Pactus, Lex Alamannorum, and Lex Baiuvariorum.In the present paper, we analyse the state of facts that constitute grave robbery in Frankish laws. This investigation requires the analysis of the legal source base as well as some examination in the history of language, which allows a comparative analysis of the issue and helps to highlight the various layers of the norms of Frankish laws by the example of this state of facts.","PeriodicalId":419539,"journal":{"name":"Acta Universitatis Sapientiae, Legal Studies","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132300211","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 : 2022-06-15DOI: 10.47745/ausleg.2022.11.1.09
Emőd Veress
Lajos Takács was born in Transylvania, a multi-ethnic region, at the time (before 1918/20) part of Kingdom of Hungary and later part of Romania. He finished his studies in law in what was by that time Romania, given that the university centre of Transylvania, Cluj, had become part of Romania. He was a young lawyer of good ability, gifted with political and social sensitivity. After 1945, he found himself in the service of the emerging dictatorship because he certainly believed that the time had come for a solution to the question of nationalities, for reconciliation, equality, cooperation, and friendship between Romanians and Hungarians. In this capacity, however, he contributed to the dismantling of Hungarian institutions and organizations, most notably – as rector – to the forced merger of Bolyai University into Victor Babeş University. Instead of reconciliation, the system was characterized by the oppression of minorities. Takács, in his old age, realizing his mistakes, became an opponent of the regime and of Ceauşescu. In the 1980s, during the darkest period of the dictatorship, he died without the hope that some of his former dreams would come true.
Lajos Takács出生在特兰西瓦尼亚，一个多民族地区，当时(1918/20年之前)是匈牙利王国的一部分，后来是罗马尼亚的一部分。他在当时的罗马尼亚完成了他的法律学业，因为特兰西瓦尼亚的大学中心克鲁日已经成为罗马尼亚的一部分。他是一位才华横溢的年轻律师，具有政治和社会敏感性。1945年后，他发现自己在为新出现的独裁政权服务，因为他确信，解决民族问题、实现罗马尼亚人和匈牙利人之间的和解、平等、合作和友谊的时机已经到来。然而，在担任校长期间，他促成了匈牙利机构和组织的解体，最显著的是作为校长强行将博利亚大学合并为维克托·巴贝伊大学。这个制度的特点不是和解，而是压迫少数民族。Takács，在他年老的时候，意识到自己的错误，成为了政权和ceauescu的反对者。20世纪80年代，在独裁统治最黑暗的时期，他去世时没有希望实现他以前的一些梦想。
{"title":"Lajos Takács: A Hungarian Lawyer's Life in 20th-Century Transylvania","authors":"Emőd Veress","doi":"10.47745/ausleg.2022.11.1.09","DOIUrl":"https://doi.org/10.47745/ausleg.2022.11.1.09","url":null,"abstract":"Lajos Takács was born in Transylvania, a multi-ethnic region, at the time (before 1918/20) part of Kingdom of Hungary and later part of Romania. He finished his studies in law in what was by that time Romania, given that the university centre of Transylvania, Cluj, had become part of Romania. He was a young lawyer of good ability, gifted with political and social sensitivity. After 1945, he found himself in the service of the emerging dictatorship because he certainly believed that the time had come for a solution to the question of nationalities, for reconciliation, equality, cooperation, and friendship between Romanians and Hungarians. In this capacity, however, he contributed to the dismantling of Hungarian institutions and organizations, most notably – as rector – to the forced merger of Bolyai University into Victor Babeş University. Instead of reconciliation, the system was characterized by the oppression of minorities. Takács, in his old age, realizing his mistakes, became an opponent of the regime and of Ceauşescu. In the 1980s, during the darkest period of the dictatorship, he died without the hope that some of his former dreams would come true.","PeriodicalId":419539,"journal":{"name":"Acta Universitatis Sapientiae, Legal Studies","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128091578","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 : 2021-12-15DOI: 10.47745/ausleg.2022.11.1.07
Noémi Suri
The objective of the study is to present the regulation of non-litigious electronic proceedings placed in the jurisdiction of courts, applicable in Hungarian civil procedure. The author examines such procedures in the fields of electronic company registration, insolvency procedures, and the registration of non-governmental organizations.
{"title":"Non-litigious Proceedings under the Jurisdiction of the Court in Hungary","authors":"Noémi Suri","doi":"10.47745/ausleg.2022.11.1.07","DOIUrl":"https://doi.org/10.47745/ausleg.2022.11.1.07","url":null,"abstract":"The objective of the study is to present the regulation of non-litigious electronic proceedings placed in the jurisdiction of courts, applicable in Hungarian civil procedure. The author examines such procedures in the fields of electronic company registration, insolvency procedures, and the registration of non-governmental organizations.","PeriodicalId":419539,"journal":{"name":"Acta Universitatis Sapientiae, Legal Studies","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115578332","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 : 2021-12-15DOI: 10.47745/ausleg.2021.10.2.08
Tomasz Tomczak
The COVID-19 pandemic has resulted in the adoption of several measures to protect public health during civil trials in Poland. Some of these measures have restricted the traditionally open nature of the trial by allowing for closed hearings to be held in situations not regulated before. This study examines such situations in the light of international human rights instruments, from the dual perspectives of internal (between the parties) and external (towards third parties) openness of court hearings. It is established that such hearings do not contravene international human rights instruments pertaining to a fair trial if the restrictions are well-founded and proportional, even though some measures have to be taken in order to protect parties and third parties vulnerable to the lack of the necessary instruments or technical knowledge to attend hearings remotely. The author concludes that some restrictions to open court civil proceedings during the COVID-19 pandemic are likely to remain in place, and the possibilities of remote access may even prove beneficial in enhancing the principle of the open trial.
{"title":"The Openness of Civil Court Proceedings in the Time of the COVID-19 Pandemic","authors":"Tomasz Tomczak","doi":"10.47745/ausleg.2021.10.2.08","DOIUrl":"https://doi.org/10.47745/ausleg.2021.10.2.08","url":null,"abstract":"The COVID-19 pandemic has resulted in the adoption of several measures to protect public health during civil trials in Poland. Some of these measures have restricted the traditionally open nature of the trial by allowing for closed hearings to be held in situations not regulated before. This study examines such situations in the light of international human rights instruments, from the dual perspectives of internal (between the parties) and external (towards third parties) openness of court hearings. It is established that such hearings do not contravene international human rights instruments pertaining to a fair trial if the restrictions are well-founded and proportional, even though some measures have to be taken in order to protect parties and third parties vulnerable to the lack of the necessary instruments or technical knowledge to attend hearings remotely. The author concludes that some restrictions to open court civil proceedings during the COVID-19 pandemic are likely to remain in place, and the possibilities of remote access may even prove beneficial in enhancing the principle of the open trial.","PeriodicalId":419539,"journal":{"name":"Acta Universitatis Sapientiae, Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128736098","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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