Issue 2/2024

Summary: 1. Introduction. – 2. The Structure of Prosecutorial Self-Governance and its Competence in the Baltic States and Ukraine. – 3. Ways to Strengthen the Institutional Capacity of Prosecutorial Self-Governance on the Example of Ukraine. – 4. Conclusions.

: 1. Introduction. – 2. Informal Changes to the Constitution: Problem Statement. – 3. Judicial Interpretation of the Constitution and Constituent Power. – 4. Arguments for and Against the Legitimacy of Judicial Interpretation. – 5. The Living/Invisible Constitution. – 6. Limits of Judicial Interpretation of the Constitution. – 7. The Power to Interpret Officially. – 8. Conclusions.

1. Introduction. – 2. The ECJ’s Judgment on Western Sahara: Problematic Definitions of Sovereignty and Extra-Territorial Application of EU Law. – 2.1. Failure to Assess Sovereignty under Islamic Law and to Differentiate Allegiance from Military Control. – 2.2. Extra-Territorial Application of EU Law. – 3. Contradictory Effects of the ECJ Ruling: The Indivisibility of Agreements and the Needs of Regional Security. – 3.1. Consequences of Non-Compliance With the Principle of Indivisibility of Agreements. – 3.2. Security Risks Arising from the ECJ Ruling. – 4. Conclusions.

1. Introduction. – 2. The Doctrine of Abuse of Process. – 3. The Implications of Abuse of Process on Mariana Case. – 4. The Article 34 of Regulation (EU) no 1215/2012. – Brussels Regulation and the Forum Jurisdiction. – 5. Conclusion.

1. Introduction. – 2. Evaluating the status of the right to the truth about serious human right violations in international law. – 3. Contouring the scope of the right to the truth about serious rights violations in international soft law. – 4. The politics of truth revelation about serious human rights violations in Albania. – 4.1. Finding the truth about past human violations by using criminal law. – 4.1.1. Overcoming the obstacles. – 4.1.2. Constitutional and legal basis. – 4.1.3. Evaluating the politics. – 4.2. The politics of truth about the missing persons from the communist era. – 4.2.1. Overcoming the obstacles. – 4.2.2. Constitutional and legal basis of the missing persons from the communist era. – 4.2.3. Evaluation of the policy. -5. Conclusions.

1. Introduction. – 2. The Legal Framework of the Notary in Kosovo. – 3. The Notary’s Authorization. – 4. Authorizations Entrusted to Notaries. – 5. The Notary Chamber on its Bodies. – 6. The Supervision of the Notary’s Work. – 6.1. The Supervision by the Ministry of Justice. – 6.2. Regular Supervision by the Notary Chamber. – 6.3. Strengthen the Access of the Relevant Competent Bodies to the Work Notaries. – 6.4. Strengthening Public Confidence in the Notary Service. – 7. Conclusions.

1. Introduction. – 2. Recognition and enforcement of foreign court decisions according to private international law: literature review. – 3. Recognition and enforcement of foreign court decisions from the perspective of the Constitutional Court of Kosovo. – 3.1. Recognition and enforcement of foreign divorce decision according to Constitutional Court of Kosovo's practice (KI73/18). – 3.2. Scope of application of Article 6 of the ECHR according to Constitutional Court case (KI122/17), in the preliminary proceedings with regard to the application for recognition and enforcement of foreign arbitration decision. – 3.3. The Kosovo Constitutional Court's perspective on the recognition of contracts, certified by foreign courts (KI161/11). – 4. General analysis. – 5. Conclusions.

1. Introduction. – 1.1. The Methodology. – 1.2. Defining the Problem. – 2. Legal Regulation and the Digital Economy. – 3. The Digital Markets Act. – 4. The Digital Services Act. – 5. Navigating Digital Platforms in the Western Balkans. – 6. Digital Economy Growth in the Western Balkans. – 7. Legal and Policy Frameworks on Public-Private Partnerships in Cybersecurity: A Comparative Overview of Western Balkan Economies. – 7.1. Albania. – 7.2. Bosnia and Herzegovina. – 7.3. Kosovo. – 7.4. Montenegro. – 7.5. North Macedonia. – 7.6. Serbia. – 8. Online Services as Part of e-Government. – 9. Challenges of Regulating the Digital Economy: Towards a Comprehensive Legal Framework. – 10. Conclusions.

1. Introduction. – 2. Statuses of the FDI in Kosovo and North Macedonia. – 3. Legal Framework and Policies for FDI. – 3.1. North Macedonia. – 3.2. Legal Framework in North Macedonia. – 3.3. Investment Climate in Kosovo. – 4. Dispute Resolution for Foreign Investors. – 4.1. North Macedonia. – 4.2 Kosovo. – 5. Conclusions.

1. Introduction. – 2. Facts of the Case. – 3. Legal Framework and Theoretical Analysis. – 4. Courts’ Practice. – 5. Concluding Remarks.

1. Introduction. – 1.1. The Study Importance. – 1.2. The Study Problem. – 1.3. The Study Objectives. – 1.4. The Study Approach. – 2. The Meaning of the Crimes of Disseminating and Promoting Discrimination and Hate Speech. – 2.1. The Definition of Discrimination and Hate in Jurisprudential Terms. – 2.2. The Definition of Discrimination and Hate Crimes In Law. – 2.3. The Characteristics of Disseminating and Promoting Discrimination and Hate Speech. – 3. The Penalty for the Crime of Disseminating and Promoting Discrimination and Hate Speech in the Emirati Law. – 3.1. Lenient Sentencing. – 3.2. Penalty with its Severe Image (Severe Conditions). – 4. Results and Conclusions. – 5. Recommendations.

1. Introduction. – 2. Origins and Concepts of Contract Implied-in-Fact. – 3. Issues of Expression of Will in Contract Implied-in-Fact. – 4. Analysis of Some Practices of Applying Сontract Implied-in-Fact. – 5. Conclusions.

1. Introduction. – 2. Research Results. – 2.1. Regulatory Support for E-Waste Management in Ukraine and its Compliance with EU Legislation in this Area. – 2.2. Stakeholders in E-Waste Management System. – 2.3. SWOT Analysis of the E-Waste Management System in Ukraine. – 3. Concluding Remarks.

1. Introduction. – 2. Meaning of Trademark Exhaustion in Kazakhstan in Terms of the Eaeu Agreement. – 3. Actions which a Trademark Owner May not Prohibit after Exhaustion of Trademark Rights. – 4. Exhaustion as an Instrument of Brand Protection. – 5. Conclusions

: Introduction. – 2. Literature Review. – 3. Methodology. – 3.1. The Model. – 3.2. Data. – 4. Results. – 4.1. Stationarity Check. – 4.2. Co-integration Test. – 4.3. Normality Check. – 4.4. Autocorrelation. – 4.5. Heteroskedasticity Examination. – 5. Estimation. – 6. Concluding Remarks.

1. Introduction and Project Background. – 2. Key Speeches and Insights from the Speakers. – 3. Conclusions and Policy Paper. – Annex. Beyond Conflict, Ukraine's Journey to Recovery Reform and Post-war Reconstruction: Policy Paper

1. Introduction. – 2. The Emergence of Independent Administrative Authorities in France. – 3. The Non-Dependency of Administrative Authorities to the Executive Authority – 4. Justifications for Granting the Independent Administrative Authorities the Punitive Power. – 4.1. Maintaining the State's Financial and Economic Interests (The Unique Nature of Independent Administrative Authorities). – 4.2. The Inefficiency of Criminal Penalties Imposed by Criminal Judiciary in the Economic and Financial Sectors. – 4.3. The Efficiency of Sanctions Imposed by Independent Administrative Authorities. – 5. The Constitutionality of Granting Punitive Powers to the Independent Administrative Authorities. – 6. The Accumulation of Criminal Penalties and Administrative Sanctions of Punitive Nature. – 6.1. The 'Ne bis in idem' Principle. – 6.1.1. The Legislative Basis for the 'Ne bis in idem' Principle. – 6.1.2. The Judicial Basis for the 'Ne bis in idem' Principle. – 6.2. The Accumulation of Criminal Penalties and Administrative Sanctions of Punitive Nature. – 6.3. Position of Constitutional Judiciary regarding the Accumulation of Criminal Penalties and Administrative Sanctions of Punitive Nature. – 6.3.1. The Principle of Non-Accumulation of Criminal Penalties and Administrative Sanctions. – 6.3.2. Contradiction of the Preferential Approach towards the Accumulation of Criminal and Administrative Sanctions between the Taxation and Financial Law. – 6.3.3. Grossness of Actions is a Standard of Inconsistency and Contradiction concerning the Duality of Sanctions. – 6.4. The Position of the French Court of Cassation and European Judiciary regarding the Accumulation of Criminal Penalties and Administrative Sanctions of Punitive Nature. – 6.5. Position of the European Court of Human Rights and the European Court of Justice. – 7. Conclusions.

1. Introduction. – 1.1. Research Importance. – 1.2. Research Problem. – 1.3. Research Plan. – 2. Aspects of Offences Perpetrated Against the Right to Image. – 2.1. Subject of the Crime (Natural Person Photo). – 2.2. Tangible and Intangible Aspects of the Right to Image in UAE and French Criminal Laws. – 2.2.1. Tangible Aspect. – 2.2.2. Means and Location of Violating the Right to Image in UAE and French legislations. – 2.2.3. Intangible aspect. – 3. Penalties Prescribed for the Violation Crime Against Image / Photo Copyright. – 3.1. Punishment of Simple form Crimes. – 3.1.1. Punishment According to UAE Penal Legislations. – 3.1.2. Complementary Punishments. – 3.1.3. Penal Measures and their Violation Penalty. – 3.1.4. Initiation Punishment According to UAE and French Laws. – 3.2. Crime Penalty in Aggravated Form. – 3.2.1. UAE Laws. – 3.2.2. In French Law. – 4. Conclusions and Recommendations. – 4.1. Conclusions. – 4.2. Recommendations.

1. Introduction. – 2. The nature of property disputes and justice. – 3. Property claims deriving from ‘repressive measures’ (1990–1998). – 4. Property claims deriving after the war (27 February 1998 – 20 June 1999). – 5. Property claims deriving by the system of social property (after 1945). – 6. Conclusions.

1. Introduction to Hate Crimes and Hate Speech: A Part of Extremism. – 2. Conceptual and Legal Issues of Extremism in the Slovak Republic: Finding the Borders of Allowed Speech. – 3. Criminal Law Aspects of Extremism. – 4. Administrative Law Aspects of Extremism. – 5. Practical Problems of Punishment of Hate Crimes and Hate Speech Related to Subsidiarity of Criminal Law. – 6. Sanctioning of Hate Crimes and Hate Speech. – 7. Conclusions and Recommendations.