Purpose This study attempts at providing a definition of insurance frauds in the Mauritian legal framework through a critical evaluation of the existing legislation on the subject matter. The purpose of this study is to identify the loopholes in the combating insurance frauds from a conviction perspective and to provide for recommendations after due analysis. Design/methodology/approach The research method adopted in this study is the doctrinal approach which consist of the analysis of legal rules not the subject matter. It also adopts a comparative approach using the UK as case study given that UK provides for certain best practices regarding insurance fraud and there are also important jurisdictional similarities. Findings There is a significant level of ambiguity regarding the legal framework on insurance frauds in Mauritius. There are various legislation attempting at combatting insurance frauds in an unharmonised manner. The substantive content of the offence of insurance fraud is poorly defined, as highlighted by case law, and there are general challenges regarding procedural aspects of prosecution for this offence. The adoption of forfeiture clauses in the UK and Mauritius helps insurers protect against fraud. The UK has specific laws and dedicated units for tackling insurance fraud, while Mauritius lacks such specialised resources, indicating a gap in addressing this issue effectively. Originality/value This paper contributes to knowledge regarding insurance frauds in Mauritius through a comparative analysis with several recommendations being provided. It is among the few academic researches and literature on the subject matter from a Mauritius perspective. Given that the insurance industry in Mauritius is highly consequential with a significant element of internationalisation, this study allows for an assessment of it in a structured manner.

Purpose This paper aims to discuss the potential implications of the European Union Deforestation Regulation (EUDR) for international trade dynamics, focusing especially on developing countries that rely on certain agricultural exports. Moreover, the article aims to propose an interpretation of the potential compatibility of the EUDR with World Trade Organization (WTO) rules, particularly those under the General Agreement on Tariffs and Trade (GATT). Design/methodology/approach Following an economic analysis and drawing on existing literature and WTO case law, the paper examines whether the EUDR satisfies the compatibility criteria under Articles I, III, X, XI, and XX of GATT. Findings The paper demonstrates that, while the EUDR constitutes a significant step forward in global efforts to curtail deforestation and safeguard ecosystems, its legal design raises questions regarding specific aspects of regulatory consistency with WTO law. Originality/value To the best of the author’s knowledge, this is for the first time since its publication in the EU Official Journal, a comprehensive and systematic application of WTO case law and GATT provisions has been applied to the EUDR. This approach goes beyond a purely policy-oriented discussion by rigorously assessing specific legal provisions in the context of the Regulation’s environmental objectives.

Abstract This article explores how Italian and selected European legal systems regulate franchising contracts to ensure transparency and protect franchisees. Focusing on Italian Law No. 129/2004, the study examines key legal features such as written form, know-how disclosure, and precontractual information duties. It shows that the franchise agreement is legally structured as a collaborative but imbalanced relationship, where the franchiser typically holds greater bargaining power. Italian courts increasingly interpret franchising as a long-term relational contract (comunità di scopo), subject to good faith and fairness. Through a comparative approach, the article analyses the French, Spanish, Belgian, Greek, and Tunisian frameworks, highlighting how each system addresses issues like misleading disclosure, unfair clauses, and internal competition. Despite differences in technique, a common trend emerges: franchisee protection is strengthened through judicial oversight and statutory safeguards. The study combines case law, legislation, and doctrine to assess the effectiveness of current legal tools and to contribute to the broader debate on potential EU-level harmonization.

The abolition of the previous common law/statutory regime for admitting bad character evidence (BCE) and consolidation of the law into the Criminal Justice Act 2003 (CJA 2003) brought into existence a definition of BCE that requires ‘reprehensible behaviour' or the commission of an offence so any evidence suggesting homosexuality on the part of a defendant must be dealt with outside of the statutory regime (where the conduct is not illegal/the commission of an offence). This is undoubtedly positive but is not without consequences for the admissibility of homosexuality. The case analysis herein reveals that only conviction-based evidence of homosexuality benefits from the admissibility safeguards that complement the gateways to admissibility of BCE within the CJA 2003 and promote fairness/consistency in approach. The common law requires relevance and is not without an exclusionary discretion, but insights gained herein suggest this rarely keeps evidence of homosexuality out of the trial where it has any explanatory value or prevents jury speculation/being misled as to the defendant’s family life. With respect to non-conviction-based evidence of homosexuality, the article identifies one significant theme emerging in the existing case law - an emerging over-reliance upon the jury direction as a means of reducing prejudice brought about by admission. The article identifies shortcomings in the current approach that result in under-utilisation of guidance on what the content of such a direction should be despite its inclusion in the Crown Court Compendium and despite identification of an ideal template in the case of IJ [2011] EWCA Crim 2734. The availability of suggested templates for reform in the apposite section of the Crown Court Compendium suggests further action is needed, and the article draws upon jurisdictions such as Victoria and Scotland in support of an argument for legislative intervention, mandating inclusion of the compendium guidance in (existing or new) legislation to ensure such guidance is provided to a jury in order to assist them in reconciling evidence of this kind.

The article focuses on the principle of equality in employment relations. It is interested in the relationship between the principle of equality and the prohibition of discrimination. In the introduction, it establishes the thesis that these are two different principles with a separate legal regime. It also assumes that over time the two principles will converge. The answer to the questions posed is sought using methods of interpretation of legal norms, drawing inspiration from national case law and Polish legislation.

The article addresses the boundaries for the use of explicit environmental claims, which are a prevalent instrument in the communication between competitors and consumers. However, these claims frequently exhibit indications of greenwashing. In the first part of the article, the occurrence and potentially problematic nature of environmental claims are presented, as reflected in the decision-making practice of courts and competent authorities of European Union Member States, particularly in the Federal Republic of Germany. In the second part of the article, this is followed by an analysis of the Czech legal framework, which, despite the absence of explicit regulation, enables the addressing of misleading claims through the regulation of unfair commercial practices and unfair competition. The third part of the article is devoted to an examination of the amendment to the Unfair Commercial Practices Directive and the proposal for a Green Claims Directive. The fourth part of the article focuses on climate claims, a subset of environmental claims. These claims are subject to stricter requirements under legislation of European Union and German case law. These requirements may also serve as a point of inspiration for the Czech legal context.

Artificial intelligence (AI) offers significant potential for governance, public service delivery, and security in Nigeria. However, its deployment raises serious concerns for civil liberties, especially freedom of expression, non-discrimination, privacy, accountability, and due process. Nigeria lacks a comprehensive regulatory framework to safeguard these rights, creating a gap where artificial intelligence-driven surveillance, algorithmic decision-making, and automated moderation can operate unchecked. This study investigates the impact of artificial intelligence on civil liberties in Nigeria, identifies ethical, institutional, and legal challenges, assesses existing regulatory mechanisms, and proposes reforms to align artificial intelligence use with rights protection. Using a doctrinal-analytical method, the study reviews statutes, policy documents, academic literature, and case law. It also analyses selected case studies, like artificial intelligence use in media and judicial contexts, and draws comparative insights from other jurisdictions. Findings reveal that while legal instruments like the Evidence Act, NITDA Act, and NDPR exist, they are inadequate to regulate the opacity and complexity of artificial intelligence technologies. Significant gaps remain in transparency, remedies from rights violations, institutional oversight, and algorithmic accountability. Without proper safeguards, artificial intelligence use in Nigeria risks eroding civil liberties through opaque, unchallengeable systems and mass surveillance. The study therefore concludes that Nigeria must act proactively to balance innovation with rights protection. It recommends enacting a comprehensive artificial intelligence governance law, establishing independent oversight bodies, mandating algorithmic impact assessments, enforcing transparency and explainability requirements, promoting public digital rights literacy, and strengthening judicial and institutional capacity.

In Switzerland, the relative immunity of federal parliamentarians requires both chambers of Parliament to authorise criminal proceedings against members, if they are suspected of committing a crime directly related to their parliamentary duties. If immunity is not waived, criminal proceedings are terminated without judicial review. This article examines the compatibility of this practice with the European Court of Human Rights’ case law. Judges have indeed developed case law on the relationship between immunities and article 6 of the European Convention on Human Rights, which guarantees the right to access a court. This article analyses specific immunity cases on which the federal chambers have ruled in recent years. Finally, it highlights the current risks of noncompliance with the Convention.

ABSTRACT Forensic accountants provide many professional services, which include serving as an expert witness. We examine legal concepts of negligence and malpractice based on applicable case law. Additionally, we discuss differences in legal and professional consequences for forensic expert witnesses holding a CPA license, CFE credential, or both CPA and CFE credentials. We address legal liability risk and legal and professional consequences in the context of case law where expert witness immunity protection may not be available. Finally, we provide best practice recommendations for forensic expert witnesses to avoid legal liability.

This study aims to assess the State's responsibility in guaranteeing the right to inclusive education for children and adolescents with Autism Spectrum Disorder (ASD). Despite legislative advances in Brazil, such as Law 12.764/12, which recognizes ASD as a disability, and the inclusion of autism in the 2020 demographic census, there are still difficulties in implementing effective public policies that ensure access to quality education for these students. The research adopted a qualitative approach, reviewing legislation, international treaties, case law and academic studies, in addition to analyzing cases of state omission in offering inclusive school environments. The results show that, although legislation protects the right to education, the practice still faces problems such as a lack of trained professionals, inadequate pedagogical resources and a lack of adaptations in schools. This negligence violates fundamental rights and prevents the full development of students with ASD, contributing to the maintenance of social inequalities. It is concluded that it is essential for the State to implement concrete actions, such as efficient public policies, training of specialized professionals and the creation of inclusive school environments. These measures are fundamental to guarantee the right to education, promote social inclusion and ensure the full development of children and adolescents with ASD, fostering a more just, equitable and inclusive society.

Law 14133/2021 introduced the possibility of variable remuneration for contractors, an instrument aimed at increasing efficiency and quality in the supply of goods, execution of works, and provision of services. This article presents its concept and legal basis, as well as examines the case law of the Courts of Accounts as a guiding parameter for the regulation and interpretation of this model, and further discusses several practical implications for public procurement. The results indicate that, although variable remuneration has the potential, among other benefits, to foster innovation and enhance the efficiency and quality of the objects of public contracts to which it applies, its effectiveness depends, among other factors, on the federal government’s regulation of §1 of Article 144 of Law 14133/2021, the training of managers, a robust system of oversight and continuous monitoring, as well as the definition of appropriate goals and indicators.

The sanctioning role of the Courts of Accounts has been the subject of extensive debate, particularly regarding the application of statutes of limitations and the timeframes for their commencement and interruption in external control proceedings. The lack of jurisprudential uniformity on these criteria has generated legal uncertainty and undermined constitutional principles, especially the principle of legal certainty. In this context, the ruling of the Brazilian Federal Supreme Court (STF) in Writ of Mandamus No. 40,007/DF represented a significant development in the interpretation of limitation periods. This article aims to analyze the impacts of that decision on how statutes of limitations are understood and applied within the Courts of Accounts. The guiding research question is: Has the decision in MS nº 40,007/DF influenced how the Courts of Accounts assess limitation periods? The hypothesis is that, by establishing more objective parameters for the sanctioning powers of these institutions, the STF reinforces their submission to the rule of law and the principle of strict legality. The methodology used is qualitative, descriptive, and analytical, based on normative and case law research through the systematization of STF jurisprudence and the internal regulations of the Courts of Accounts. The results indicate that the decision contributes to interpretive consistency and curbs punitive excesses, consolidating limitation periods as a safeguard of legal certainty in the decisions of the Courts of Accounts.

This article reassesses the reach of the 2022 Cartabia Reform on Italian arbitration. It focuses on three levers: (1) arbitrators’ interim measures when conferred by the parties (Article 818 c.p.c.) and their enforcement through state courts; (2) corporate arbitration; and (3) jurisdictional objections and the codified competence-competence rule (Article 817 c.p.c.). Using comparative sources and recent case law, the article argues that what affects outcomes is not an inherent ‘structural asymmetry’ but coordination frictions – namely: the need for judicial intervention to give effect to non-pecuniary orders; heterogeneous procedural pathways across fora and rules; and contact points with EU law (public-policy review, intra-EU enforcement constraints, and state immunity). The reform does not create a self-contained regime; it yields a court-supported model whose performance turns on how legislators, courts, and arbitral institutions implement the new powers (e.g., by drafting clauses that grant interim powers, streamlining enforcement protocols, and clarifying court – arbitration interfaces). The conclusion sets out targeted proposals to foster a more coherent and predictably enforceable arbitral order.

In recent years, the issue of the liability regime of internet intermediaries has become a central topic of discussion within the European legal and policy context. A particularly pressing question has emerged as to whether online platforms should bear legal responsibility in situations where their infrastructure is used to disseminate insults, defamation, hate speech, or other forms of content violating fundamental human rights. This issue becomes especially pronounced when individuals whose rights have been infringed address these platforms with formal requests to remove offensive or defamatory material, yet the platforms fail to act. Such situations raise the question of two-layered (or dual) liability, which involves not only the original authors of the unlawful content but also the intermediaries who enable its publication and continued accessibility. The relevance of this topic increased significantly after 2016, particularly in the context of several presidential elections and the Brexit referendum in the United Kingdom. These developments intensified public debates around the balance between freedom of expression and regulatory control over the information environment. Currently, the European Court of Human Rights has developed an almost consolidated body of case law, indicating that internet intermediaries may be held liable when they fail to take appropriate and timely measures to remove defamatory or offensive content from their platforms upon notification. This debate and its potential regulatory solutions are also highly relevant to the Armenian legal context, particularly in light of ongoing legislative reforms and the provisions of the Constitutional Court of Armenia’s decision of October 1 of the previous year. These developments are likely to play a decisive role in shaping the future regulatory framework for the liability of internet intermediaries in Armenia.

Since the reform of the enterprise concept in Belgian company law in 2018, there has been a lot of debate in legal doctrine and jurisprudence about the question of whether company directors can be qualified as enterprises in their own right. This article examines the qualification of company directors as enterprises under Belgian law, a question with significant legal and practical consequences. The classification matters because natural persons who qualify as enterprises gain access to bankruptcy proceedings and the included fresh start benefits. In the Belgian Code of Economic Law (CEL), two main conditions are generally identified for natural persons to be considered enterprises: they must act in a self-employed capacity and exercise a professional activity. However, this enterprise concept has sparked significant debate in both legal doctrine and jurisprudence, more specifically about whether a third autonomous condition exists that the individual must also have their own organization. The Belgian Court of Cassation has addressed this issue in three judgments concerning company directors, holding that a director must indeed demonstrate an autonomous organization to be qualified as an enterprise. This case law effectively introduces a new condition not explicitly foreseen in the legislation, which considerably complicates the qualification as an enterprise for all natural persons.

The CJEU recently handed down three rulings on the recognition of refugee status, the WS ruling of January 16, 2024, K and L ruling of June 11, 2024, and AH and FN ruling of October 4, 2024. These judgments all concern women seeking international protection and share a particular focus on gender issues. This article presents and analyses this new European case law, while also questioning how European asylum law takes into account—or renders invisible—gender-based persecution. It concludes that, despite their potential shortfalls, these judgments represent a real improvement toward a gender-sensitive approach to asylum law and a better protection for women refugees.

This paper focuses on how the broad and undefined interpretation of public policy by United Arab Emirates (UAE) courts under Articles 53 and 54 of the UAE Arbitration Law impedes the enforcement of arbitral awards rendered under the UNCITRAL Arbitration Rules. Although the UAE has adopted the UNCITRAL Model Law and ratified the New York Convention, the absence of a clear framework for interpreting public policy enables inconsistent judicial intervention, undermining legal certainty and party autonomy in international arbitration. The study adopts a doctrinal legal research methodology, supported by comparative qualitative and law case analysis, to systematically examine relevant UAE court decisions and statutory provisions. The article’s original contribution lies in its focused assessment of how judicial reasoning in public policy cases directly affects the enforceability of UNCITRALbased awards. It concludes by recommending legislative clarification and judicial guidelines to narrow the scope of discretion, thereby enhancing the UAE’s reliability as an arbitrationfriendly jurisdiction.

It is expected that life care planners are aware of and understand how possible resources may be considered in the assessment of the individual client and the preparation of a life care plan. In practice, a detailed assessment based upon guidelines provided by the Americans with Disabilities Act (ADA) case law can be a valuable source of information for the judge and/or jury in the adjudicating process. However, in the last seven years, the Supreme Court has narrowed the scope of the ADA, and the protection it was meant to afford. Because of the narrowing of the scope and definition of who may be covered, many individuals with a mild impairment may be determined disabled, while, ironically, someone with a severe impairment may not be able to overcome the court-imposed obstacles and be covered by the Act. Understanding the evolution of the ADA through the courts, and whether or not it is a resource for the individual, is of value to the life care planner.

Domestic work refers to labour performed in or for a household, often by individuals in vulnerable situations. This paper aims to examine how international law addresses the conflict between diplomatic immunity and the protection of domestic workers’ human and labour rights. The core issue lies in recurring reports of abuse by diplomats, where domestic workers are subjected to inhumane treatment but are denied justice due to the shield of diplomatic immunity. Despite the existence of credible evidence in many cases, legal proceedings are often obstructed, raising serious concerns about accountability and access to remedies for victims. This study adopts a legal doctrinal analysis, drawing on case law, international conventions, and scholarly literature. The findings reveal that while international law—particularly the Vienna Convention on Diplomatic Relations (1961) and the Convention on the Privileges and Immunities of the United Nations (1946)—provides extensive protections for diplomatic personnel, it frequently fails to safeguard the rights of domestic workers in cases of abuse. By critically assessing the tension between immunity and accountability, this paper contributes to existing scholarship by highlighting the normative gap in international law that questions the adequacy of current mechanisms in addressing diplomatic impunity in employment relations. It offers a framework for reconciling diplomatic privileges with the protection of human rights, an area that remains underexplored in current literature. The research concludes that these legal frameworks require reform to prevent the misuse of diplomatic immunity. States and international bodies should consider amending these conventions to achieve a balanced approach between diplomatic privileges and accountability for human rights violations. Where diplomatic immunity persists, the sending state should take appropriate measures to ensure a fair trial or provide adequate compensation. Furthermore, adopting a narrower interpretation of “official functions,” as seen in certain U.S. court decisions, may help limit the abuse of immunity. This paper underscores the need to close legal gaps and enhance enforcement mechanisms to protect domestic workers from diplomatic impunity.

Relevance . Despite the existence of Russian legislation aimed at protecting electronic means of payment from fraudulent actions, the wording of key logical and linguistic aspects in this area is not always precise and clear. This creates an urgent need for a clear and unambiguous interpretation of the main provisions defining the objective and subjective characteristics of fraudulent actions using electronic payment instruments, as defined in Article 159.3 of the Criminal Code of the Russian Federation. Purpose : to identify the most complex issues that arise when determining the elements of a crime under Article 159.3 of the Criminal Code of the Russian Federation, in order to ensure the lawful classification of acts under this provision and to distinguish it from related crimes. Objectives : to study legislation and case law to determine existing legal formulations describing the signs of fraudulent actions using electronic payment systems and to propose legal options for their interpretation. Methodology . In studying the research problem, general and specific methods of cognition were used: dialectical, theoretical and empirical, logical, system-structural, statistical methods and content analysis of documents. Results . The article examines legislative, judicial decisions and theoretical works concerning the formulation and interpretation of logical and linguistic phenomena included in the objective and subjective signs of fraudulent actions using electronic payment instruments. Definitions are formulated that most adequately reflect the generally accepted nature of their application in the legal assessment of acts under Article 159.3 of the Criminal Code of the Russian Federation. Conclusions . Certain problematic aspects concerning the conceptual apparatus of the elements of a crime described in Article 159.3 of the Criminal Code of the Russian Federation have been identified, and those that orient theory and practice toward the use of formulations found in regulatory acts and materials of judicial practice have been substantiated.