Legal Legitimacy Research Articles

The European Union’s deregulation of plants obtained from new genomic techniques: a critique and an alternative option

The EU is about to relax its oversight of genetically modified organisms, focusing on plants and products that are obtained through certain new genomic techniques. The aim is to promote new genomic techniques as an innovative technology and employing it as a means to transform agriculture to sustainability. The present contribution describes and evaluates the planned reform. It discusses whether standards of legal certainty and legitimacy are met, how environmental side-effects are taken into account, how sustainability goals are integrated, what socio-economic effects are to be expected, and whether higher rank law is respected. As several shortcomings are found an alternative approach is submitted that combines a certain easing of administrative oversight with better integration of sustainability goals. Auspices for organic and conventional GMO-free agriculture are also sketched out.

Brexit and the Legal Legitimacy of the Unitary Patent Court

Abstract At no time in recent history has it been more exciting to be a student of European patent law. Over the past ten years Europe has sought to create and restructure a significant portion of its patent law apparatus, including the introduction of a ‘Unitary Patent’ (‘UP’) that has effect in 17 European Union Member States (and counting), and the creation of a Unitary Patent Court (‘UPC’) that entered into force on 1 June 2023. The compelling policies underlying these dramatic changes are well documented, including enhanced uniformity, cost reductions, and other efficiencies. Indeed, the European patent system is poised to welcome international patent actors with a well-thought-out procedural regime. Yet all good policies must be supported by a legitimate legal foundation. The United Kingdom’s highly publicized and often dramatic departure from the EU has reverberated throughout the European establishment, affecting issues relating to the economy, trade, immigration, labor, and Northern Ireland, to name just some of the most obvious. Perhaps what is not so evident, however, is the adverse legal effect that Brexit has had on the UPC, to such an extent that we are dubious about the court’s legitimacy. Make no mistake, even if we prefer a fully integrated EU solution, we support the creation of UPC and the entire unitary initiative. However, in this paper we argue that it must be done in a manner that is legally principled, which requires an amended and re-ratified Unitary Patent Court Agreement.

Perceptions of legal system legitimacy among family members of individuals incarcerated for sex offenses.

Perceptions of legal system legitimacy among family members of individuals incarcerated for sex offenses.

TINJAUAN YURIDIS ORGANISASI SAYAP PARTAI POLITIK LOKAL DI ACEH

The existence of local political party wing organisations in Aceh has not yet received legal legitimacy. This creates legal uncertainty and injustice for local political parties in balancing national political parties so that special rules regarding local political party wing organisations must receive attention from the government. Further review through normative juridical studies by analysing aspects of legal certainty of the rights of local political parties in Aceh in the formation of party wing organisations and their driving factors. The formation of local political party wing organisations in Aceh in terms of statutory rules there is a legal vacuum, namely a situation where there are things that have not been regulated by law. This is in accordance with the adage het recht hink achter de feiten aan, i.e. the law always lags behind reality. Of course, this results in the absence of legal certainty for local political parties regarding the right to establish local political party wing organisations. The driving factor in the formation of local political party wing organisations in Aceh is the urgent need for local political parties to balance national political parties in facing unequal or unbalanced conditions in terms of external support in the form of political machines outside the party.

Electronic Services for Public Facilities An applied study of the principle of changing the rules governing Palestinian public facilities.

This research deals with the issue of electronic services provided by some public facilities in Palestine, as it has been addressed within one of the most important foundations of administrative law related to changing the provisions of the management of public facilities according to variables and circumstances. This research links these services to the concept of modern digital management used to manage public facilities, and it presents an analysis of these services in Palestinian administrative law from the perspective of their legal legitimacy within administrative law. It also clarifies the nature of the services that can be provided through the electronic services clause and those that cannot be a substitute for that. It also provides a realistic analysis of the most important Palestinian public services that are provided by digital administration from through electronic services. The aim of this research is primarily to address the methods of managing some facilities and providing electronic services through them, and thus the relationship of providing these services electronically to the changes that occurred in the management of public facilities in Palestine due to the war, or due to the interruption of communication between cities as a result of the barriers placed by the Israeli occupation, especially in the West Bank. Western and the resulting impossibility of providing services in person in most public facilities. The researcher used the analytical method in this research to analyze the principles that govern the management of public facilities in accordance with the rules of administrative law, as well as jurisprudence and comparative and Palestinian jurisprudence to reach a set of results, the most important of which is the legitimacy of providing public services through the electronic services system, and that there is a group of services with Privacy, such as treatment, interviews, etc., cannot in any way be provided as electronic services, and there is room to develop some services to be provided electronically after processing them legally, such as litigation and employment services, licensing services, etc. The research also reached a set of recommendations, the most important of which is developing the government electronic services system in Palestine through legislative and technological support. The trend towards supporting electronic services in the judicial authority by supporting electronic litigation and other recommendations.

경찰의 초동대응 체계 개선을 위한 드론 활용 방안 연구

This study explores the necessity and potential of utilizing drone technology in police operations. To address the increasing crime rates and complex safety issues in modern society, the efficient allocation of police resources and swift response are becoming imperative. This research analyzes how drone technology can meet these demands and how AI can enhance the operation of drones from both theoretical and practical perspectives. The use of drones in first response scenarios can reduce arrival times at scenes, enable monitoring over extensive areas, and facilitate accurate situation awareness, thus supporting the police in taking quicker and more effective measures. However, the integration of such technologies necessitates consideration of the legal and ethical issues that may arise, as well as preventive measures against potential technological errors and privacy invasions. The study underscores the need for a legal basis, procedural legitimacy, and safe operational conditions when actively utilizing drones and AI technology in police activities, and presents specific recommendations for this purpose.

A Comprehensive Examination of Prenuptial Agreements In U.A.E: Their Legal Status and Significance

This article thoroughly investigates the significance of marital agreements in the United Arab Emirate Region. The economic ramifications of marriage contracts are explored, analyzing their role as legally enforceable instruments. In addition, the interaction between civil laws and Sharia principles is examined, providing insight into how these frameworks contribute towards solidarity of a marital relationship. Also, a thorough examination of the legal legitimacy of prenuptial agreements and their extensive consequences for various demographics in the UAE is done. By analyzing these complex strands, we enhance our comprehension of emerging family dynamics and marriage connections in this culturally diverse and historically important area.

Ісламський вектор релігійної політики німецької військової адміністрації на території окупованого Криму в 1941-1944 рр.

The purpose of the research is to trace the implementation of the religious policy of the German military administration towards the Muslims of Crimea, taking into account the differences in the approaches of the German elite. The research methods are based on the use of both general scientific research methods (analysis and synthesis, systemic analysis, concretization, analogy), and research methods of historical sciences (historical-genetic, historical-systemic, historical-comparative), principles of historicism, systematicity, scientificity and verification. The scientific novelty of the work consists in the identification and detailed study of the religious policy of the German military administration in Crimea regarding Islam, as well as the disclosure of the political conflict of interests of the military administration and the central leadership in Berlin regarding its implementation in Crimea. Conclusion. The German elite of the Third Reich was heterogeneous, so two approaches to the implementation of the occupation policy in the East arose among them - "Prussian" and "National". These two approaches were reflected in the Muslim vector of religious policy, namely: the followers of the "Prussian" approach appointed Russian collaborators to administrative positions, which periodically harmed religious policy; in general, representatives of the "national" approach saw the strengthening of the Crimean Muslims as an opportunity to expand German influence on the Muslims of the USSR. Germany's religious policy towards the Muslims of Crimea pursued military goals - providing human resources for German military formations and a reliable rear of the Wehrmacht. Nazi-Muslim relations in the Crimea were generally fruitful in terms of the restoration of religious rights and freedoms. But there were two problematic aspects of the entire Islamic vector of the religious policy of the German military administration — the restoration of the Crimean Muftiat and the establishment of the legal legitimacy of the waqf.

Case Study of Bengkulu District Court Decision Number 14/Pdt.G/2023/Pn Bgl Dated September 27, 2023

Ownership of land for houses is generally freehold. Mastery over. The property rights are proven by the Certificate of Property Rights issued by the National Land Agency (BPN). In ancient times, some people did not understand the legalization of ownership of land rights. The transfer of ownership rights to land can be done in various ways, one of which is buying and selling. Buying and selling transactions are one of the transactions that are very well known in traditional and modern society. Not everyone understands and realizes the need when carrying out sales and purchase transactions on land must be legalized by the authorities so that the transactions that occur are carried out under the hands. Bengkulu District Court Decision Number 14/Pdt.G/2023/PN Bgl dated September 27, 2023, namely land transactions that occur by the Buyer buying from the Seller for Rp. 2,000,000 (two million rupiah) based on the Certificate of Rights Disclosure dated December 11, 1989, at the time of the certificate transaction not yet in the name of the Seller, this can be seen from the certificate issued in 1994 while the transaction has been carried out in 1989. After the sale and purchase transaction was carried out, the Buyer had controlled land with an area of approximately 660 M2 (six hundred and sixty square meters) located in Bengkulu City. Due to the Buyer's ignorance and/or negligence towards the sale and purchase of the land, a Deed of Sale and Purchase has not been made, while at this time the Buyer wants to process the change in the Seller's certificate, its existence is not found. So because there is no legal legitimacy, the validity of the owner of the land needs to get a decision from the Court

LEGITIMASI HUKUM ZAKAT DI INDONESIA

This article discusses the legal legitimacy of zakat in Indonesia. In the history of Islam, zakat has been implemented effectively and successfully, even until no more poor people are found entitled to zakat. The teaching of Islam makes zakat a worship of maliyah ijtima’iyah, which has a social goal of building an economic system, has a goal of worldly well-being and the Hereafter. The Zakat is for the poor and the needy. Indonesia as one of the countries with a Muslim majority also accommodates various zakat provisions through several rites of law. This research is a normative law study with a conceptual approach. The results of this study show that the Basic Law of Zakat originates from the Quran, Hadith and National Law, Act No. 38 of 1999 on Zakat Management. Then the presence of BAZNAS, LAZ, and UPZ as part of the implementation of the legitimacy of zakat law in Indonesia.

Legality for Electronic Signatures in Implementing Electronic Medical Records

An electronic signature is an authentic marker to show a person's responsibility. Electronic signatures also ensure confidentiality, integrity, authorization, access control, and non-repudiation of information in electronic medical records. Therefore, this research was conducted to determine the legal aspects of electronic signatures in administering electronic medical records. This research used a qualitative method with a normative juridical approach. The research sources were based on laws, government regulations, journals, and other tertiary sources related to electronic signatures and electronic medical records in health facilities. Research findings illustrated that Minister of Health Regulation Number 24 of 2022 concerning medical records only defined electronic signatures as an authentication and verification of the security and privacy of medical record information. Electronic signatures are specifically regulated by Constitution Number 11 of 2008 concerning Information and Electronic Transactions and Government Regulation Number 71 of 2019 concerning Electronic Systems and Transaction Operators. Both certified and uncertified electronic signatures have legal legitimacy in their application in electronic medical records. However, how they are supported by evidence is what makes them different. Certified electronic signatures are more trustworthy than uncertified electronic signatures.

Portuguese Policy in Sri Lanka as a Reflection of the Emergence of 16th Century International Law

Abstract The colonial nature of international law has been a moot point in legal academia, which univocally suggests international law as an imperial instrument. Given these exergies, the question that this paper seeks to examine is how Portuguese encounters in the 16th century Sri Lanka reflects the seeds of international legal system dominated by European interests. The policy espoused by the Portuguese in Sri Lanka during their encounters with the Kotte kingdom raise the initial examples of unequal treaties, exclusion of sovereignty and the adoption of “puppet rulers”. This paper makes a critical inquiry in examining these elements parallel to the development of 16th century international law. The objective of this article lies in examining the trajectories that set the path for Portuguese imperial legitimacy of Kotte kingdom of Sri Lanka through a legal legitimacy. In analysing these historical factors, this article will discuss the emergence of the colonial international law.

Prevention and control of ship-source pollution in the Arctic shipping routes: challenges and countermeasures

Ship-source pollution is one of the important contributors to marine environment pollution. Because the legal status of the Arctic shipping routes is not clear, there is a considerable degree of dispute in the application of the rules on the prevention and control of ship-source pollution. The increased melting of sea ice undermines the legal legitimacy of the “ice-covered areas” clause under the United Nations Convention on the Law of the Sea. The conflict between the application of the Polar Code and “ice-covered areas” will also reach an initial conclusion in the context of melting sea ice. However, the inadequacy of ship-source pollution rules in the Polar Code hampers its application, which has led to a negative impact on the more active role in the governance of pollution from Arctic shipping. For replying to the Challenges in the prevention of ship-source pollution in Arctic shipping routes, the relevant rules of the Polar Code need to be further improved, while a more binding HFO ban according to ship types needs to be applied. Therefore, a more important role in the future Arctic governance mechanism will be played by the enhanced enforcement of the Polar Code, meanwhile, the target for uniform international regulation of preventing and controlling ship-source pollution in Arctic shipping routes should be achieved.

UNDERSTANDING LEGITIMACY THROUGH LEGALITY OF LEGAL NORMS AND MORAL FOUNDATIONS OF POLITICAL POWER

The aim of this study was to clarify the concept of “legitimacy” used in theory of state and law, as the term often leads to confusion due to the plurality of its meanings in different contexts. Based on the analysis, it was concluded that the usage of legitimacy can be still be primarily categorized into two directions: legal legitimacy and moral legitimacy. Legal legitimacy represents the normative side of the concept and seeks to establish a hierarchy of legal orders, with the juspositivists like Kelsen and Hart advocating for grundnorm and rule of recognition and jusnaturalists like Aquinas and Sir Blackstone defending the supremacy of the natural law. Moral legitimacy discusses the sources contributing to the “right to rule” from the perspectives of consensus that derive from Aristotle’s advocacy for political stability and Rousseau’s social contract, and perspective of conflict that roots in Maciavelli’s distrust of human nature and Marx’s class struggle. By contrasting the theories of a variety of legal and political philosophers, this paper produced an overview of the evolution of legitimacy, which allows the readers to form a cohesive understanding of the concept and its usage.

Religious education in a public school between religious particularism and general education. Comparative analysis

The basic determinant of a public school as a social and educational environment should be the promotion of social inclusion and cohesion. In most countries of the European Union, religious instruction is a subject of school education. These countries adopt different models in terms of legal legitimacy, organization and curriculum. The idea of introducing religion as a compulsory subject appeared in Poland. Non-public schools, i.e. a school run by social, religious or privat units, have the right to special curricular solutions. A public school, i.e. a school free of charge and available to every student, regardless of their worldview, should conduct religious education in the spirit of dialogue and social cohesion as an element of general education. This article presents a comparative analysis of religious education in public schools from the perspective of the relationship between religious particularism and general education. I assume that in individual countries both religious particularism and general education may be defined differently in the context of school education.

He international and regional impact of rebuilding Iraq after 2003

The stages of rebuilding or building a nation impose two comparable circumstances, but each's experience differs from the other. In the first instance, we imply that a state includes integrated components, including legal, political, and economic ones. This state also has legal legitimacy and international recognition, but it is also subject to a crisis. Whether it is a revolution, a coup, an invasion, or the termination of its formal political system, the state and its political system will be rebuilt afterward. This is the responsibility of the invasive nation, like in the case of Iraq, and this phase marks a turning point for the course correction.

Post-Holocaust Transitional Justice in Hungary – Approaches, Disputes, and Debates

AbstractThe article examines post-Holocaust transitional justice in Hungary, starting with a concise overview of the establishment and functioning of the Hungarian people’s tribunal system. It then explores historians’ approaches in analyzing these tribunals, including “grand trials” and micro-historical analyses of prominent individuals’ cases published after 1989. The paper deals with the connection between the Holocaust and the people’s tribunals, as well as the gendered analysis of these proceedings. Furthermore, it delves into the contentious issues and debates surrounding the people’s tribunals, encompassing questions about their definition, legal legitimacy due to retrospective justice, effectiveness, and potential exploitation by the Hungarian Communist Party for power consolidation and elite transformations. Lastly, the paper explores the divided memory of the people’s tribunals.

Support for vigilantism in cyberspace: exploring procedural justice, distributive justice, and legal legitimacy

ABSTRACT Vigilantism, harmful acts conducted in response to social deviance and criminal activities, are increasingly happening in cyberspace. These cyber acts often have detrimental effects, and efforts at prosecution attempts can be unsuccessful, difficult, or nearly impossible. An understanding of support for cyber vigilantism can help deter activity and mitigate some of the associated harms. The paper, using US-based survey data, tests whether public perceptions of distributive and procedural justice, via perceived legitimacy of the criminal justice system, are associated with support for cyber vigilantism. The findings provide support for the process-based model of legitimacy. Procedural justice is mediated by legitimacy in its influence on support. Distributive justice, however, has a strong direct association with cyber vigilantism support. The paper discusses the implications of the findings for the field of cyber vigilantism.

Legal Aspects of Futile Therapy in the Face of the End of Life

Abstract This article presents legal issues related to therapeutic decisions made by doctors and to euthanasia and assisted suicide, which are prohibited and penalized in the Polish legal system. The paper refers to the terms ‘futile therapy’ and ‘over-zealous treatment’. It was also considered appropriate to refer to the concept of resuscitation, which can be understood narrowly as cardiopulmonary resuscitation or broadly as all activities aimed at potentially reversing the dying process. Completion of resuscitation as it is broadly understood means that (unless there has been recovery) it is considered a futile therapy. De lege lata there are no statutory regulations in the Polish legal system that could be directly related to the decision to abandon futile therapy in order to assess its legal legitimacy. The aim of the study is to present the problem of futile therapy de lege lata and de lege ferenda in the face of the end of life. The article also presents the latest draft of legal regulation regarding futile therapy developed by an interdisciplinary team appointed by the Patients’ Rights Ombudsman in the form of ‘Standards of conduct in medical therapies used in the end-of-life period’.

NOTIFICATION OF SUSPICION TO A CERTAIN CATEGORY OF PERSONS: PECULIARITIES OF LEGITIMIZATION DURING LAW ENFORCEMENT ACTIVITIES

The research conducted in the article is due to a number of problems and gaps identified by judicial and law enforcement practice related to the interpretation and application of the relevant provisions of the law on subjects and the procedure for reporting the suspicion of a separate category of persons. The legal institute notification of suspicion is one of the defining procedural institutes in the modern criminal process of Ukraine. The problem of reporting suspicions of committing criminal offences to people’s deputies of Ukraine and other persons who are referred to as the «separate category of persons» by the criminal procedure law has become especially relevant. The article examines legal justification or legitimation of the grounds and procedure for applying the procedure for notification of suspicion of committing a criminal offence to the above-mentioned persons. For this purpose, the notice of suspicion is, first of all, considered as a complex procedural measure provided by the Criminal Procedure Code of Ukraine, which consists of successive, interconnected and interdependent stages: establishing legal grounds for notification of suspicion; adoption of the relevant procedural decision and its execution in the form of a written document indicating all the circumstances and qualifications of the criminal offence; conducting a procedural action, the content of which is reduced to the direct delivery of such a document (notice) to a certain person with an explanation of the content of the suspicion and his procedural rights. It is concluded that compliance with the above-mentioned legal procedure for notification of suspicion, in particular, personal, direct delivery of such notification to representatives of certain categories of persons by law special entities, is the basis for the legal legitimization of this procedural institution, ensuring the special legal status of these persons, as well as guaranteeing the rule of law, respect for constitutional rights and achieving legal objectives of criminal proceedings.