The effects of air pollution on all people across the globe cannot be overemphasized. It is a phenomenon that needs urgent attention from all countries of the world. Serious efforts must be made to cut down the greenhouse gas emissions by all nations so as to reduce the menace of air pollution. Various countries including developed, developing and under developed are making efforts to tighten the control of pollution so as to ensure that the rate at which people are exposed to pollutants across their cities are reduced, but in spite of all these efforts, the level of pollution all over the world seems to be going higher, Nigeria inclusive. The level of pollution in Nigeria is still very high and there seems to be no solution around the corner. The World Health Organization (WHO) has noted that each year, air pollution is responsible for nearly seven million deaths around the globe. This shows the extent to which air pollution has wrecked and is wreaking havoc on the entire world. This article is necessary at this time as it has been noted that there is no concrete legal framework in Nigeria which addresses air pollution. The existing laws regarding environmental protection are grossly inadequate to take care of the level at which air pollution is ravaging Nigeria as a country; also, the existing laws lack enforcement mechanism. There is a need for the Nigeria government to come up with a standard and adequate law to tackle the menace of air pollution in Nigeria and the country must be ready to ensure that the laws made are adequately enforced. This article examines what air pollution is all about and its effects on human beings and the Nigeria environment at large bringing out lessons Nigeria can learn from the EU.
{"title":"Reflection On Nigeria’s Air Pollution Regulations With A View To Learning From The European Union","authors":"Adeola Olufunke Kehinde, Ifedapo Oluwakemisola Osadola, Adebusola Awonuga","doi":"10.14712/23366478.2023.8","DOIUrl":"https://doi.org/10.14712/23366478.2023.8","url":null,"abstract":"The effects of air pollution on all people across the globe cannot be overemphasized. It is a phenomenon that needs urgent attention from all countries of the world. Serious efforts must be made to cut down the greenhouse gas emissions by all nations so as to reduce the menace of air pollution. Various countries including developed, developing and under developed are making efforts to tighten the control of pollution so as to ensure that the rate at which people are exposed to pollutants across their cities are reduced, but in spite of all these efforts, the level of pollution all over the world seems to be going higher, Nigeria inclusive. The level of pollution in Nigeria is still very high and there seems to be no solution around the corner. The World Health Organization (WHO) has noted that each year, air pollution is responsible for nearly seven million deaths around the globe. This shows the extent to which air pollution has wrecked and is wreaking havoc on the entire world. This article is necessary at this time as it has been noted that there is no concrete legal framework in Nigeria which addresses air pollution. The existing laws regarding environmental protection are grossly inadequate to take care of the level at which air pollution is ravaging Nigeria as a country; also, the existing laws lack enforcement mechanism. There is a need for the Nigeria government to come up with a standard and adequate law to tackle the menace of air pollution in Nigeria and the country must be ready to ensure that the laws made are adequately enforced. This article examines what air pollution is all about and its effects on human beings and the Nigeria environment at large bringing out lessons Nigeria can learn from the EU.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46618833","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 : 2023-03-09DOI: 10.14712/23366478.2023.7
Alla Tymofeyeva
The objective of this paper is to evaluate the law of the Council of Europe (CoE) regarding protection of the human rights of elderly in crisis situations using the examples of the armed conflict in Ukraine and COVID-19. Given this, the paper is divided into two main parts. The first part analyses the response of the Council of Europe bodies to the measures influencing the rights of elderly introduced by the governments of the CoE member states in relation to COVID-19. The second part is devoted to the specifics of the legal regulation of the human rights of the elderly during armed conflicts, applying the example of the war in Ukraine. The Conclusions focus on the comparison of the protection of older people in the two mentioned crisis situations, i.e. with regard to the war in Ukraine and in connection with COVID-19. The author is of opinion that the rights of older persons received more attention in times of the health crisis than during the armed conflict.
{"title":"Lidská práva starších osob v krizových situacích: pohled Rady Evropy","authors":"Alla Tymofeyeva","doi":"10.14712/23366478.2023.7","DOIUrl":"https://doi.org/10.14712/23366478.2023.7","url":null,"abstract":"The objective of this paper is to evaluate the law of the Council of Europe (CoE) regarding protection of the human rights of elderly in crisis situations using the examples of the armed conflict in Ukraine and COVID-19. Given this, the paper is divided into two main parts. The first part analyses the response of the Council of Europe bodies to the measures influencing the rights of elderly introduced by the governments of the CoE member states in relation to COVID-19. The second part is devoted to the specifics of the legal regulation of the human rights of the elderly during armed conflicts, applying the example of the war in Ukraine. The Conclusions focus on the comparison of the protection of older people in the two mentioned crisis situations, i.e. with regard to the war in Ukraine and in connection with COVID-19. The author is of opinion that the rights of older persons received more attention in times of the health crisis than during the armed conflict.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48628160","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}
{"title":"Kluknavská, Andrea – Sabján, Nikolas. Marx. Marxizmus. Vybrané problémy štátu a práva","authors":"Pavel Maršálek","doi":"10.14712/23366478.2023.11","DOIUrl":"https://doi.org/10.14712/23366478.2023.11","url":null,"abstract":"Kluknavská, Andrea – Sabján, Nikolas: Marx. Marxizmus. Vybrané problémy štátu a práva. Praha: Wolters Kluwer ČR, 2022, 132 s.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44843456","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 : 2023-03-09DOI: 10.14712/23366478.2023.4
Jiří Závora
The aim of this theoretical study is a hermeneutical interpretation of the meaning of the requirement for a structured expert procedure, especially in relation to the review ability of expert evidence. The study also aims to explain the review ability of expert evidence in relation to the conceptual changes in the new regulation of expert activities in the Czech Republic.
{"title":"Význam požadavku na strukturovaný postup znalce v nové úpravě znalecké činnosti","authors":"Jiří Závora","doi":"10.14712/23366478.2023.4","DOIUrl":"https://doi.org/10.14712/23366478.2023.4","url":null,"abstract":"The aim of this theoretical study is a hermeneutical interpretation of the meaning of the requirement for a structured expert procedure, especially in relation to the review ability of expert evidence. The study also aims to explain the review ability of expert evidence in relation to the conceptual changes in the new regulation of expert activities in the Czech Republic.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48176924","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 : 2023-03-09DOI: 10.14712/23366478.2023.6
Jitka Wolfová
The last amendment to the Enforcement Code, which was introduced by the No. 286/2001 Sb., is an extensive amendment in its content. The aim of this amendment was mainly to solve the problem of multiple execution proceedings, an introduction of the principle of one mandatory single judicial officer. The amendment did not achieve its goal. It is unsystematic and chaotic. It increases the administrative duties of judicial officers and the overall increase in costs of the entire execution procedure, including the costs of entitled persons. The amendment lengthens and procedurally complicates the entire execution procedure not only for the judicial officer, but especially for the obligee and the beneficiary. It introduces positive changes to protect obligated persons who are socially weak, but in a complex and problematically applicable manner. The established legislative trend in the form of large debt amnesties for certain types of claims is a moral hazard for society.
{"title":"Sociálně-právní dopady současného pojetí exekučního řízení pro obyvatele České republiky","authors":"Jitka Wolfová","doi":"10.14712/23366478.2023.6","DOIUrl":"https://doi.org/10.14712/23366478.2023.6","url":null,"abstract":"The last amendment to the Enforcement Code, which was introduced by the No. 286/2001 Sb., is an extensive amendment in its content. The aim of this amendment was mainly to solve the problem of multiple execution proceedings, an introduction of the principle of one mandatory single judicial officer. The amendment did not achieve its goal. It is unsystematic and chaotic. It increases the administrative duties of judicial officers and the overall increase in costs of the entire execution procedure, including the costs of entitled persons. The amendment lengthens and procedurally complicates the entire execution procedure not only for the judicial officer, but especially for the obligee and the beneficiary. It introduces positive changes to protect obligated persons who are socially weak, but in a complex and problematically applicable manner. The established legislative trend in the form of large debt amnesties for certain types of claims is a moral hazard for society.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47629453","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 : 2023-03-09DOI: 10.14712/23366478.2023.10
Pavel Ondřejek
Book review on Kysela, Jan – Řepa, Karel a kol. Reakce právního systému České republiky na covidovou pandemii. Praha: Leges, 2022, 288 s.
关于Kysela的书评，Jan–Řepa，Karel a kol。捷克法律体系对新冠肺炎疫情的反应。布拉格：莱格斯，2022年，288秒。
{"title":"Kysela, Jan – Řepa, Karel a kol. Reakce právního systému České republiky na covidovou pandemii","authors":"Pavel Ondřejek","doi":"10.14712/23366478.2023.10","DOIUrl":"https://doi.org/10.14712/23366478.2023.10","url":null,"abstract":"Book review on Kysela, Jan – Řepa, Karel a kol. Reakce právního systému České republiky na covidovou pandemii. Praha: Leges, 2022, 288 s.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42822758","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 : 2023-03-09DOI: 10.14712/23366478.2023.9
A. Kume, Olta Qejvani
The results of a comparative analysis based on the Electoral Integrity Index, evaluated for the period 2011–2021 in the Balkan countries are this paper’s objectives. Referring to perceptions of the level of fulfillment of international standards for democratic elections (PEI), the Balkan region is classified in the group of countries belonging to the “Moderate” category. In the Balkan countries, the positive relationship between the electoral process and the development of liberal democracy is evident, while the level of corruption is a factor that has a significant effect on the electoral process. Clusters analysis performed using estimates of distances between indicators related to the electoral process, the development of a liberal democracy, general economic development and the level of corruption present significant distances. The development of liberal democracy in Balkan countries is conditioned by the level of realization of synergy in the interaction between different factors. This paper aims to identify the legal framework in the details of Balkan countries related to electoral reform, going through recommendations through comparison and quantitative methodology and bringing Czech legislative dimension as a smart solution of problems that countries face in the electoral process.
{"title":"Analysis of Electoral Process and their Relationship with Democracy and Economic Index in the Balkan Countries, 2011–2021","authors":"A. Kume, Olta Qejvani","doi":"10.14712/23366478.2023.9","DOIUrl":"https://doi.org/10.14712/23366478.2023.9","url":null,"abstract":"The results of a comparative analysis based on the Electoral Integrity Index, evaluated for the period 2011–2021 in the Balkan countries are this paper’s objectives. Referring to perceptions of the level of fulfillment of international standards for democratic elections (PEI), the Balkan region is classified in the group of countries belonging to the “Moderate” category. In the Balkan countries, the positive relationship between the electoral process and the development of liberal democracy is evident, while the level of corruption is a factor that has a significant effect on the electoral process. Clusters analysis performed using estimates of distances between indicators related to the electoral process, the development of a liberal democracy, general economic development and the level of corruption present significant distances. The development of liberal democracy in Balkan countries is conditioned by the level of realization of synergy in the interaction between different factors. This paper aims to identify the legal framework in the details of Balkan countries related to electoral reform, going through recommendations through comparison and quantitative methodology and bringing Czech legislative dimension as a smart solution of problems that countries face in the electoral process.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45277892","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 : 2023-03-09DOI: 10.14712/23366478.2023.5
T. Dvořák
This scientific study deals with the issue of individual methods of forced termination of membership in a cooperative. The study is written according to the legislation contained in Act No. 90/2012 Sb., on business companies and cooperatives (Act on business corporations), as amended by Act No. 33/2020 Sb. and No. 163/2020 Sb., which entered into force on 1. 7. 2020 and 1. 1. 2021. Specifically, the individual methods of forced termination of membership in a cooperative are analysed, which are bankruptcy, discharge of debt, execution, and expulsion of a member.
{"title":"Nucený zánik členství v družstvu","authors":"T. Dvořák","doi":"10.14712/23366478.2023.5","DOIUrl":"https://doi.org/10.14712/23366478.2023.5","url":null,"abstract":"This scientific study deals with the issue of individual methods of forced termination of membership in a cooperative. The study is written according to the legislation contained in Act No. 90/2012 Sb., on business companies and cooperatives (Act on business corporations), as amended by Act No. 33/2020 Sb. and No. 163/2020 Sb., which entered into force on 1. 7. 2020 and 1. 1. 2021. Specifically, the individual methods of forced termination of membership in a cooperative are analysed, which are bankruptcy, discharge of debt, execution, and expulsion of a member.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42573660","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 : 2023-03-09DOI: 10.14712/23366478.2023.2
Pavel Svoboda
This article provides background legal information on the problems of judicial review of EU external sanctions before the CJEU. It does so from two perspectives. First, the article discusses the general problems of judicial review of international (external) sanctions, hiding under the ambivalent label of “restrictive measures”; here, the legal problems arise mainly from the fact that EU secondary sanctions acts fall under both the CFSP and other EU policies, the two EU policy areas being relatively autonomous in terms of the types of secondary acts and their adoption. The article then analyses the human rights dimension of this judicial review; this is because certain fundamental rights (in particular the right to a defence and the right to effective remedy) place considerable demands on the procedural and evidentiary aspects of this judicial review in a situation where much of the evidence relies on classified intelligence information. The scope of the article allows the author to provide only an introduction to the issues discussed.
{"title":"Contrôle juridictionnel des sanctions internationales de l’UE devant la Cour de justice de l’UE","authors":"Pavel Svoboda","doi":"10.14712/23366478.2023.2","DOIUrl":"https://doi.org/10.14712/23366478.2023.2","url":null,"abstract":"This article provides background legal information on the problems of judicial review of EU external sanctions before the CJEU. It does so from two perspectives. First, the article discusses the general problems of judicial review of international (external) sanctions, hiding under the ambivalent label of “restrictive measures”; here, the legal problems arise mainly from the fact that EU secondary sanctions acts fall under both the CFSP and other EU policies, the two EU policy areas being relatively autonomous in terms of the types of secondary acts and their adoption. The article then analyses the human rights dimension of this judicial review; this is because certain fundamental rights (in particular the right to a defence and the right to effective remedy) place considerable demands on the procedural and evidentiary aspects of this judicial review in a situation where much of the evidence relies on classified intelligence information. The scope of the article allows the author to provide only an introduction to the issues discussed.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67045632","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 : 2023-03-09DOI: 10.14712/23366478.2023.3
Jan Hořeňovský
The dominant narrative that prevails in Western society today is that we live in a time of unprecedented technological progress that is historically unparalleled. We have social media networks, smartphones, the internet, and we are moving towards advanced artificial intelligence. However, little is said or written about the fact that this is also a narrative successfully challenged by several prominent, mainly American, authors. Those point out that progress over the last 50 years or so has been limited mainly to information technology, while in other areas, such as energy, transport, and construction, we are experiencing stagnation, resulting in the decline of the middle class and worsening life prospects, particularly for young people. This article is based on these critical perspectives and has two objectives. The first is to introduce a reader to the technological stagnation thesis. The second is to analyse the causes of this phenomenon and what role law and regulation might play in it. The ambition of this article is not to solve this problem entirely but rather to bring it to the attention of the academic community. If future discussions will be more about the impact of our actions on the issue of innovation, I would consider the objective of this article to be met. At the same time, I believe that this article may open the door to further research in the field of law, including potential empirical analysis.
{"title":"Kulturní a právní aspekty příčin a dopadů teze o technologické stagnaci","authors":"Jan Hořeňovský","doi":"10.14712/23366478.2023.3","DOIUrl":"https://doi.org/10.14712/23366478.2023.3","url":null,"abstract":"The dominant narrative that prevails in Western society today is that we live in a time of unprecedented technological progress that is historically unparalleled. We have social media networks, smartphones, the internet, and we are moving towards advanced artificial intelligence. However, little is said or written about the fact that this is also a narrative successfully challenged by several prominent, mainly American, authors. Those point out that progress over the last 50 years or so has been limited mainly to information technology, while in other areas, such as energy, transport, and construction, we are experiencing stagnation, resulting in the decline of the middle class and worsening life prospects, particularly for young people. This article is based on these critical perspectives and has two objectives. The first is to introduce a reader to the technological stagnation thesis. The second is to analyse the causes of this phenomenon and what role law and regulation might play in it. The ambition of this article is not to solve this problem entirely but rather to bring it to the attention of the academic community. If future discussions will be more about the impact of our actions on the issue of innovation, I would consider the objective of this article to be met. At the same time, I believe that this article may open the door to further research in the field of law, including potential empirical analysis.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46061683","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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