El artículo parte de una pregunta relevante para el constitucionalismo mexicano. Después del intenso periodo de tres décadas de reformas al sistema de justicia ¿cuál es la función principal que tiene ...el amparo judicial hoy? Para dar respuesta a esta pregunta, se plantea una metodología sociojurídica observando dos variables: 1) la modificación en gran escala al diseño institucional del sistema de justicia, y 2) la modificación al amparo judicial específicamente. La hipótesis principal del artículo es que el proceso de reformas al sistema de justicia tuvo un impacto profundo en las nuevas funciones del juicio de amparo judicial, debido a que trajo consigo una amplia miscelánea de nuevos procesos para resolver conflictos, incluso de debido proceso y otras violaciones constitucionales. La conclusión del artículo es que, desde el análisis del diseño constitucional, se aprecia que la reforma judicial ratificó la función controladora del sistema de justicia como la principal del amparo judicial, por encima de otras expectativas construidas en los años previos a su concreción.
The article describes the experience of Great Britain, Canada, Australia, and New Zealand in the field of criminological protection of justice. A combination of philosophical, general scientific and ...specific scientific research methods was used in the preparation of this article to find out which special actors are authorized to carry out such criminological activities, to analyze the powers and guarantees for their exercise to fulfill their tasks. The article reveals the peculiarities of interaction of special actors of ensuring the security of justice with other actors in the system of combating offenses and crimes against justice. The author emphasizes the role of the sheriff, police, and private security companies in ensuring security during the judicial process. The experience of these Commonwealth countries in identifying and counteracting possible threats to the security of justice is analyzed. The purpose of this work was to single out positive foreign experience that may be promising for implementation into the national legislation with the aim of improving activities of the Court Security Service, which is a special subject performing implementation of the function of criminological protection of justice in Ukraine. In particular, firstly, to find out which special entities are authorized to carry out the specified criminological function in certain countries of the British Commonwealth and what powers they have; secondly, what other law enforcement agencies are involved in the mechanism of ensuring criminological protection of justice and what are the features of their interaction with special subjects; thirdly, what measures they take to detect and counter possible threats to the security of justice.
Este trabajo trata sobre la aplicación del procedimiento de tutela laboral a los funcionarios públicos. Se tomará en específico el caso de las Fuerzas Armadas, puesto que se detectaron algunos casos ...en que estos fueron excluidos. Se confrontaron todas las causas de tutela desde la dictación de la Ley 21.280 y se concluye que, en efecto, este tipo de funcionario público está amparado por este instituto procesal.
Introduction. The article is devoted to the study of the potential application of machine-readable law technologies in the field of judicial protection of human rights. In the course of the research, ...the authors analyzed the Concept of development of machine-readable law technologies, approved by the Governmental Commission on Digital Development and the Use of Information Technologies for Improving the Quality of Life and the Business Environment. It was established that the achievement of one of the key directions of application of machine-readable law, according to the Concept, i.e. modernization of judicial proceedings in Russia, will objectively entail the improvement of the procedure of judicial protection of human rights. Theoretical analysis. The current state of legal proceedings in the Russian Federation is characterized by a set of problems that negatively affect the efficiency of the judicial protection of human and civil rights and freedoms in Russia. The concept of development of machinereadable law technologies offers a number of directions for the improvement of law enforcement in the framework of judicial proceedings in the Russian Federation with the use of machine-readable law technologies, which, hypothetically, will lead to the improvement of the mechanism of judicial protection of human rights. In turn, scientific community also puts forward additional directions of application of machine-readable law in the field of legal proceedings. Empirical analysis. The “advantages” of application of machine-readable law in court proceedings, highlighted by the Concept of development of machine-readable law technologies, can be recognized as effective in the tactical perspective. In addition, the development and application of the concept of machine-readable law in the field of judicial protection of human rights can be associated with the development and use of artificial intelligence technologies. Results. According to the results of the study of the Concept of development of machine-readable law technologies, as well as the ideas of legal scholars, the authors reached conclusions about the usefulness of the chosen approach to the definition of the concept of machine-readable law in the document. Notwithstanding some theoretical flaws in formulation of the machine-readable law and its ontology in the studied Conception, certain directions of development and implementation of the machinereadable law in the sphere of legal proceedings have tactical character, seem to be useful and effective for improvement of judicial protection of human rights. At the same time, this approach to the definition of machine-readable law and guidelines for its development can be used in the future to improve the concept in order to solve strategic problems of judicial enforcement.
•This paper explores the relationship between judicial protection of intellectual property rights levels and manipulative behavior.•Increasing regional judicial protection of intellectual property ...rights can effectively reduce corporate R&D manipulation.•The primary impact is achieved by providing incentives for high-quality innovation.
This paper explores the relationship between the level of judicial protection of intellectual property rights and the propensity of publicly traded companies to engage in research and development (R&D) manipulation. The data utilized for this study span the years 2011–2020 to show that increasing the intensity of regional judicial protection of IPRs can `effectively reduce the likelihood of corporate R&D manipulation. It is also reduced by the level of judicial protection for intellectual property, primarily through the provision of incentives for high-quality innovations. These findings offer new insights into and principles for inhibiting corporate R&D expenditure manipulations.
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GEOZS, IJS, IMTLJ, KILJ, KISLJ, NLZOH, NUK, OILJ, PNG, SAZU, SBCE, SBJE, UILJ, UL, UM, UPCLJ, UPUK, ZAGLJ, ZRSKP
The Digital Markets Act (DMA) is a new instrument of EU competition policy. It has been pointed out that although the DMA does not include any provisions on private enforcement, there should still be ...room for private enforcement of rights under the DMA. However, it has not been properly scrutinised to what extent the provisions of the DMA are suitable for such private enforcement. This article contributes to the literature by addressing this deficit and explaining the interwoven aspects of EU law and national law upon which private enforcement of the DMA will rely. The analysis is carried out in two main tiers. First, the core substantive provisions of the DMA are analysed. It is concluded in this stage that there are some rules in the DMA which may trigger private law sanctions when breached. Second, the system of judicial protection of rights conferred on individuals under EU law is explained and applied to the DMA. In this regard, it is concluded that it would be appropriate to extend any private law remedies that are available to claimants who have been victims of an infringement of Article 101 or 102 TFEU to claimants who have been victims of an infringement of protective provisions in the DMA.
The regulation of the digital ecosystem is one of the priorities of the European Union, and the Digital Markets Act hereinafter the DMA and the Digital Services Act hereinafter the DSA are two of the ...main instruments used in this area. They aim at ensuring contestability, fairness, safety, and transparency in the digital single market by altering the power imbalances that characterised the relations between online platforms and individual and/or business users. In this context, the role of individuals will be paramount to the fulfillment of the obligations of both Regulations and private enforcement will be a crucial tool in this regard. Against this framework, this paper aims at connecting the well-settled principles of EU law, namely, the principle of effective judicial protection and the Rewe principles, with the new developments in the digital atmosphere, specifically in terms of the private means of redress. To that end, this article will first give an overview of the DMA and the DSA, as well as the question of private enforcement under EU law. Second, the possibilities and conditions for individuals to enforce their rights correlative to the obligations laid down in the DMA and the DSA privately will be studied. Finally, this paper will compare the situation regarding private enforcement in both Regulations with the previous rules in this matter through a series of examples that will facilitate an understanding of the rationale behind the introduction of the new legal framework.
The European Union (EU) adopts restrictive measures – or sanctions – as part of its counterterrorism strategy. These measures restrict the fundamental rights of the natural or legal persons they ...target and can be challenged in front of the General Court or the European Court of Justice (the CJEU). Drawing from both legal scholarship and security studies, this article refines an analytical framework that enables an original analysis of the case law of the CJEU: we focus on ‘proximity’, an element so far neglected in the analysis of counter-terrorism sanctions. Proximity is the variable measuring the distance between the addressee of a measure from the actual commission of a terrorist act. Such a variable provides the analytical framework through which to test the hypotheses and findings proposed in the last decade by previous studies. Such findings are mostly confirmed by our interdisciplinary analysis, but nuanced. While it is true that sanctions lead to a process of othering and stigmatization, the Court has introduced some meaningful procedural safeguards that contribute to protecting the fundamental rights of individuals, especially in the case of family members of suspected terrorists. Not dissimilarly from what was noted about judicial protection in other sanctions regimes, however, tensions remain in how to ensure effective substantive, as opposed to merely procedural, protection to sanctions addressees. Terrorism, EU restrictive measures, Court of Justice of the European Union, fundamental rights, judicial protection
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