ISSN 2663-0583 (Online)
ISSN 2663-0575 (Print)

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Notes and Comments

Notes and Comments

Notes and Comments

EVIDENTIARY INEQUALITY AND EFFECTIVE ACCESS TO CIVIL JUSTICE: A STAGED EVIDENCE PROTOCOL FOR ENVIRONMENTAL COMPENSATION IN VIETNAM

1. Introduction. – 2. The Reform Problem: Protective Rules, Fragmented Procedure. – 3. What Practice and Comparison Reveal. – 3.1. Chà Và: Technical Mobilisation Before Legal Settlement. – 3.2. Sonadezi-Bà Chèo: Administrative Mapping and Negotiated Support. – 3.3. Vedan-Thị Vải: When an Administrative Map Becomes an Evidentiary Boundary. – 3.4. What the Three Episodes Establish, and Do Not Establish. – 3.5. Functional Comparison: European Union and German Lessons. – 4. A Staged Protocol for Effective Access to Civil Justice. – 4.1. Preservation and Threshold Screening. – 4.2. Targeted Evidence Production and a Responsive Causal Account. – 4.3. Independent Expert Inquiry. – 4.4. Common Causation and Source Allocation. – 4.5. Individual Valuation, Settlement and Remedial Completion. – 5. Reform by Legal Vehicle, Institution and Safeguard. – 5.1. Measures Available under Existing Authority. – 5.2. Regulatory and Budgetary Measures. – 5.3. Legislative Measures. – 5.4. Phasing, Evaluation and Opposing-Party Safeguards. – 6. Conclusions.

20
Apr

BUILDING A COMPULSORY MEDIATION PATHWAY: BULGARIA AS A LIVE EXPERIMENT IN DISPUTE SYSTEM DESIGN ?

Yuliya Radanova

1. Introduction. – 2. The Concept of Mandatory Mediation. – 3. Mandatory Mediation in the European Union Context. – 4. Bulgaria and the Constitutional Court as a Positive Legislator in the Field of Mediation. – 5. The Nature of the Newly Adopted Model of Judicial Mediation in Bulgaria after the Cons

26
Mar

The Right to Stay Offline in the Age of Digital Transformation: A Comparative Analysis of Vietnam and the European Union

Phuc G. Dao

1. Introduction. – 2. Methodology. – 3. Theoretical Foundations of the Right to Remain Offline. – 3.1. Defining the ‘Right to Remain Offline’. – 3.2. Relationship with Fundamental Rights. – 3.2.1. Autonomy and Freedom of Choice. – 3.2.2. Access to Public Services and Participation. – 3.2.3. Equality

14
Feb

Features of Public Administration Ensuring Security under the Legal Regime of Martial Law in Ukraine

Oleh Ilnytskyy, Natalia Ilkiv

Summary: 1. Introduction. – 1.1. Ontological foundations of the emergence of scientific interest. – 1.2. Research methodology and source base. – 2. Security as a Sphere of Public Administration under the Legal Regime of Martial Law. – 3. Peculiarities of the Institutional Structure of Local Administ

26
Sep

CONFLICTS OF COMPETENCE BETWEEN THE EUROPEAN PUBLIC PROSECUTOR’S OFFICE AND NATIONAL PROSECUTING AUTHORITIES

Mila Ivanova

1. Introduction. – 2. Methodology. – 3. Development of European Criminal Law and the Establishment of the EPPO. – 3.1. Evolution of European Criminal Law. – 3.2. Article 86 TFEU as the Constitutional Basis of the EPPO. – 4. Legal Framework of Competence. – 4.1. EU Legal Framework. – 4.2. National Le

22
Sep

ATHLETES’ FREEDOM OF EXPRESSION AND THE PRINCIPLE OF OLYMPIC NEUTRALITY: THE CASE OF UKRAINIAN ATHLETE AND SYMBOL OF RESISTANCE VLADYSLAV HERASKEVYCH

Csilla Szomolaiová

1. Introduction. – 2. Methodology. – 3. Between Sympathy and Sanction: the Heraskevych Case before CAS. – 4. Silent Stadiums? Applying the Proportionality Test to Lex Olympica. – 4.1. Rule 40.2 and Rule 50.2 of the Olympic Charter and the Boundaries of Legal Certainty. – 4.2. Suitability and Necessi

12
Jun

MAIN CONNECTING FACTOR FOR TORT CLAIMS IN THE EU AND UKRAINE: LESSONS FROM THE CJEU CASE LAW FOR UKRAINIAN RECODIFICATION

Bohdan Karnaukh, Tetiana Tsuvina

1. Introduction. – 2. Methodology. – 3. The Concept of Tort Law and Two Conceivable Linking Factors. – 3.1. The Concept of Tort Law. – 3.2. Two Conceivable Linking Factors. – 4. Jurisdiction and Applicable Law: Two Distinct Questions. – 5. Damage vs. Indirect Consequences. – 6. Localisation of Finan