Suchergebnisse

Under Portuguese law, the general principle according to which ignorance of law is no excuse is strictly interpreted, so as to refer exclusively to the validity of statutes. It does not preclude the relevance of mistakes of law in contract and in tort. In contract law, all mistakes are treated alike, irrespectively of whether they refer to facts or to legal norms. In tort law, ignorance of relevant legal norms will normally exclude the tortfeasor's liability for wilful, intentional misconduct. In what concerns forfeiture and prescription, Portuguese law combines longer, objective, and shorter, subjective prescription periods, such as the three-year prescription period applying to claims on tort and unjust enrichment. In general terms, the shorter, subjective prescription periods start running from the moment the holder knew of the existence of his or her right.

Like hard cases, festering scandals make bad law. As public perceptions shift so that conduct once tolerated becomes seen as illicit, political pressures develop that can result in hastily improvised responses by the legal system to fill the newly perceived vacuum. This generalization is advanced to question neither the inalienable right of the public to be scandalized, nor the need for corporate reform, but to approach a highly problematic dilemma: hurried, moralistic responses to a perceived evil often prove not only ineffective, but even counterproductive. The serious student of complex organizations may recognize this assertion as a slightly altered variant of Forrester's Law. That law, coined by a student of organizational behavior, says simply that complex systems behave counter-intuitively; the plausible tends to be wrong.

"Der inter­nationale Straf­gerichtshof (IStGH) wurde 2002 als permanentes inter­nationales Gericht zur Ahndung von Kriegsverbrechen, Genozid und Verbrechen gegen die Menschlichkeit geschaffen. Als Friedens­projekt ins Leben gerufen, gilt er als Durchbruch bei der Bekämpfung von Gräuel­taten und als ein Höhepunkt der inter­nationalen Recht­setzung. 2016 haben drei afrikanische Mitglieds­staaten ihren Austritt aus dem IStGH erklärt und damit seine Legitimitäts­krise offensichtlich gemacht, die schon länger schwelt. Auf die Austritte könnten weitere Rückschläge für die internationale Straf­verfolgung folgen. Der Autor untersucht im vorliegenden Report, wie sich die Beziehung zwischen Afrikanischer Union und dem IStGH wandelte: von starker Unter­stützung über vehemente Kritik bis hin zu Ablehnung. Er erklärt die Entwicklung, analysiert die Kritik und unterbreitet Handlungs­empfehlungen zur Auflösung der Krise." (Autorenreferat)

The Prison Service's decision to create a dedicated 'pensioners' wing' at HMP Kingston has focused attention on the growing population of ageing prisoners. Helen Codd, Lecturer in Law at the University of Central Lancashire, examines the largely neglected issue of older people at all stages of the criminal justice system and offers proposals for anti-discriminatory practice.

The aim of the thesis was to analyse and evaluate the criminalisation of excessively risky decisions taken by managers of limited liability companies. The potentially disastrous consequences of excessive risk-taking were powerfully highlighted by the most recent financial crunch, although its dangers are not limited to the times of economic crisis. In the same time risk taking is at the very beginning and at the very core of business activity. By criminalising managers' excessive risk-taking criminal law enters a sphere, which is at the core of the activity it affects. This research examines possibilities to punish excessive risk-taking in three selected legal orders representing three different models of criminalisation and analyses whether it is justified and proportionate to criminalise excessive risk-taking. Since the latter proved to be the case, it formulates a blueprint how to design criminalisation of such acts taking into account the factual and legal background within which such a criminalisation would have to be fitted. This proposal might serve the national legislator as well as potentially the European one. The methodological approach chosen for this study is composed of an in-depth study of the three selected legal systems, functional comparison of identified solutions as well of a normative study aiming at proposing recommendations for a use of criminal law to counter excessive risk-taking. In order to examine criminalisation of excessive risk-taking three legal orders containing relevant provisions have been identified: England and Wales, France, Germany. As to the first, the Fraud Act 2006, in particular fraud by abuse of position provides a possibility to punish a manager who dishonestly abuses his position by exposing the company to excessive risk. The French offence of abus de biens sociaux punishes high-level managers for acting against the company's interests. Exposing the company to excessive risk is one of the forms of acting against these interests. The offence of Untreue in German law ...

The review article reveals the significance for modern legal science of the monograph of Priest Vladislav Bagan (Bagan Vladislav V.), dedicated to the scientific-theological and theoretical-legal understanding, generalization and conceptual explanation of the Canonical Law of the Orthodox Church. There is a high level of theoretical generalizations and the importance of this kind of research for modern legal understanding. Among the advantages of the work: a deep analysis of the ontological foundations of Canon Law in the context of the problems of legal understanding, a description of the essence of law in the Orthodox worldview; recognition of the Canon Law of the Orthodox Church as the most important element of the Rule of Law of post-secular society; description of the main directions, schools and concepts of Canon Law; review of the largest studies in the field of Canon Law and a number of others.

European Climate Law (EU Climate Law) shall become a critical element of future EU regulations and law-making process based on the Green Deal (EU climate and energy strategy) which is the result of the COP21 and Paris Agreement undersigned during the conference of United Nations by its worldwide members. With the actual climate challenges, the EU wishes to keep the leader's role and trend in terms of radical decrease of GHG emissions. Especially for that reason, a new regulatory framework was prepared with a comprehensive overawe of various EU policies. As a result of those expectations, the European Commission has prepared EU Climate Law endorsed by a strong political signal from the European Parliament and Council with its declaratory conclusions. This new legal act with its formula refers to many legal acts and EU policies such as "Fit for 55%" package , and many other energy-and climate related laws. It developed into an essential signal towards the EU Member States to keep comprehensive policies and plans towards climate neutrality. It should be underlined that this act will be a new opener towards upcoming legislative packages and potential financial instruments to come. Occasionally, EU policymakers use a controversial nomenclature defining Regulation as a "Climate Treaty" to emphasize the act's significance and special regulatory status. The aim of the article is to present and clarify the background of the law-making process of the EU Climate Law and undercover the ongoing wave of the EU policies transformation towards net zero economy as well as to underline its importance for the future generations.

The rule ignorantia juris non excusat constitutes a historical principle in Spanish law as a key pillar of the collective organization of the legal system. The rule embodies the assumption that the effectiveness of the laws cannot rely on subjective elements, such as knowledge or ignorance, interest or carelessness, but it is based on an objective and social component of the legal system aimed to ensure that the enforcement of the laws is general and unconditional. Today, it is still inspiring the legal system and expressly enshrined in Article 6.1 CC, but their meaning must be duly contextualized in the current exuberance of legislation and regulations. Last decades, continuous efforts have been made to enhance the publicity of laws, improve comprehensibility, and implement technological solutions aimed to ensure accessibility of legislation, case law, and public authorities' decisions. This article traces the origin and the evolution of the principle in Spanish law and the current expressions and applications of legal ignorance in private law. The analysis of the state of the doctrinal debate and the latest case law invites two reflections. First, the excessive use of legal ignorance as an invalidating mistake as a tool to alleviate contractual unfairness, inadequate institutional practices, or commercial abuse blurs its contours, debilitates the principle of contract preservation, deteriorates legal certainty, and discourages transactions. Second, the regulation of increasing information duties as a strategy to attenuate the impact of legal ignorance is making preand contractual processes complex, overinformed, and formalistic, with the risk of inviting purely formal compliance. ; This Article has been prepared in the framework of the Research Project Reform of Spanish Laws of Security Rights in an International Context (DER2016-77695-P).

Disabled people are subject to disability laws – such as guardianship, mental health and mental capacity legislation – which only apply to them, and which enable legal violence on the basis of disability ('disability-specific lawful violence'). While public health laws during the COVID-19 pandemic enabled coercive interventions in the general population, disabled people have additionally been subject to the continued, and at times intensified, operation of disability laws and their lawful violence. In this article we engage with scholarship on law, temporality and disability to explore the amplification of disability-specific lawful violence during the pandemic. We show how this amplification has been made possible through the folding of longstanding assumptions about disabled people – as at risk of police contact; as vulnerable, unhealthy and contaminating – into the immediate crisis of the pandemic; ignoring structural drivers of oppression, and responsibilising disabled people for their circumstances and the violence they experience.

Producción Científica ; El objetivo del presente trabajo es refexionar sobre las defciencias, desde el punto de vista de las garantías procesales, que pueden encontrarse en el procedimiento de prevención y resolución de confictos de jurisdicción penal actualmente en vigor en la Unión Europea. Tras una breve introducción y panorámica general sobre el marco legal sobre confictos de jurisdicción y el sistema de protección de derechos y garantías procesales en la Unión Europea, el trabajo se divide en dos partes diferentes. La primera parte se centrará en identifcar y examinar los principios, derechos y garantías susceptibles de vulneración en una situación transnacional de conficto de jurisdicción penal entre Estados miembros. En la segunda parte del trabajo, el autor refexionará sobre las mejoras que deberían adoptarse para garantizar un mejor estándar de protección para el sospechoso o acusado, incluyendo el análisis crítico de propuestas realizadas por otros investigadores en esta materia. ; Ministerio de Economía, Industria y Competitividad (grant DER2016-78096-P) ; Junta de Castilla y León (project VA135G18)

The Citizen and the State conducts an essential criminological analysis of contemporary justice systems, combining critical criminology and human rights perspectives. The book contextualizes criminal justice and criminal justice processes as tools of the state that impact negatively on citizens' lives. Particularly in a post 9/11 world where 'national security' and terrorism concerns are used as justification for the erosion of citizens' rights, justice systems are inherently in conflict with principles of liberty and justice enshrined in human rights instruments. While acknowledging the reality of changes in law-and-order discourse, this book argues that contemporary justice systems risk lacking in legitimacy in circumstances where the necessity for interference in rights is largely asserted rather than demonstrated. Using a range of real-world case studies, the book conducts a critical analysis of contemporary criminal justice and examines the challenges in achieving a balance between effective criminal justice and upholding civil liberties. This book is essential reading for academics, post-graduate researchers, and social policy professionals.