Nature Of Proceedings Research Articles

Information Exchange Going Digital – Challenges to Hungarian Competition Law Enforcement

The aim of the paper is to present an insight into the challenges raised by digitalized and data-driven markets to competition policy and enforcement in the Big Data era. Focusing on the assessment of information exchange in the digitalized environment, traditional risk factors are analyized and it is argued that new risk factors can be identified. The paper provides an overview of relevant recent Hungarian case-law to examine the role of information exchange, taking place in a data environment that offers an increased amount of up-to-date and relevant market information for analysis. Further, the paper summarizes the enforcement responses to the demandside challenges raised by online platforms, user interfaces applying new approaches and practices that can directly influence consumer behavior. The consequence is drawn that the extended economic and IT-related argumentation may affect the nature of proceedings and some new phenomena, as the role of secondary intermediaries, integration of online and offline market segments open new fields for assessment.

Proposed changes to Polish intellectual property laws

This article discusses proposed legislative changes which aim to introduce a special court into the Polish court system to handle intellectual property matters. The main reason for establishing such a court is, undoubtedly, the quite specific nature of proceedings regarding intangible property rights in a broad sense. The bill is part of a vast exercise to amend civil procedure law, but, to a large extent, has an impact on the substantive provisions of Industrial Property Law and the Act on Copyright and Related Rights. A number of the proposed solutions should, therefore, have a consistent influence on intellectual property laws and contribute to increasing the quality of adjudication. A substantial portion of the doctrinal considerations addressed in this article are, however, about selected issues related to new laws on remedies available in intellectual property law proceedings. In particular, they include provisions which enable the disclosure of information on intellectual property right violations. The issue of information disclosure requests has already provoked many reactions, mostly critical, with respect to the current legislation. Therefore, examining the proposed change is all the more justified as it may provide an answer to whether the uncertainties associated with applying this construct will continue to exist.

Oddanie pisma w placówce operatora pocztowego – uwagi de lege lata i de lege ferenda

The aim of this article is to discuss the problems of submitting process letters to courts and public administration bodies via a postal operator as well as to indicate essential problems caused by unjustified differentiation of standards concerning the compliance with time-limits when the subject has limited or excluded opportunity to lodge a pleading a letter in person. Only in criminal proceedings and proceedings in cases of offences the participants have full freedom to choose a postal operator and to benefit from the presumption of lodging of a submitting a letter in the date of sending. In administrative proceedings, administrative court proceedings and tax proceedings, to be sure that legal deadline will be met, one should submit a letter to a court or a public administration body via a postal operator providing universal postal services. The article drew attention to a lack of consistency and consequence of the legislator relating to the regulation of submitting letters depending on the nature of proceedings and place of residence.

Правовая природа производства о назначении меры уголовно-правового характера в виде судебного штрафа

Правовая природа производства о назначении меры уголовно-правового характера в виде судебного штрафа

Oral Hearings before the European Court of Justice

This article focuses on the organization of oral hearings at the European Court of Justice. It deals with both the decision to hold or not to hold an oral hearing, as a complement to the written part of the procedure, and the actual conduct of such hearings. This is done by drawing on the modifications introduced by the recast of the Rules of Procedure of the Court of Justice undertaken in 2012 and the Practice Directions to Parties adopted by the Court in 2013 as well as actual practice following the entry into force of the new Rules of Procedure. The article also draws upon the experience of the present author as a judge at the Court since 2002 and chairman of the Rules of Procedure Committee of the Court since 2009. What role does the oral hearing play in the overall handling of cases and what have been the most recent developments in this regard? Some attention will also be paid to fundamental rights concerns, notably the right to a fair and public hearing and its relevance for the organization and conduct of hearings. The article will not address the broader notion of ‘oral part of the procedure’ to the extent that it covers the Opinion of the Advocate General as well. Nor shall I consider in any detail the organization of oral hearings by the other Union Courts, that is, the General Court and the Civil Service Tribunal, where due to the nature of proceedings the oral hearing plays an even more important part than before the Court of Justice.

A Comparison and Critique of Closed Court Hearings

Another example of the recent trend of departure from traditional criminal due process requirements in the ‘terrorism era’ is the increased use of ‘closed court’ hearings in relation to the introduction of evidence considered particularly sensitive with respect to national security. Typically, the person affected by the proceedings, and their chosen legal adviser, are excluded from such a hearing. This has many effects on the conduct of the trial as typically envisaged. For the purposes of this article, I will focus on two main effects: (a) the person does not get access to the evidence being led against them, and (b) their ability to cross-examine witnesses being used against them is removed. These developments contradict long-established and fundamental characteristics of proceedings in a criminal law trial in common law systems, such as the open court principle and the adversarial nature of proceedings. They also contradict the right to confront accusers, a right traceable to Roman times, and a feature of the British system for more than four centuries. They call into question the fairness of the proceeding. This article highlights the latest case law developments in key jurisdictions around the world before critically appraising trends evident in the recent jurisprudence.

The Summary Courts and Social Relations in Eighteenth-Century England

This article argues that it was in the summary courts rather than anywhere else that the people met and experienced the law in the eighteenth centruy. It explores the types of cases brought, the social background of those who used the courts, the wide plebeian useage, the nature of proceedings, and the complex and important roles they played in eighteenth-century social relations.

Part 3: Criminal and civil law

Law derives from two main sources: statute law and common law. Criminal and civil law derive from both statutes and common law. The terms criminal and civil apply to the nature of proceedings which follow and infringement of the law.

Universal Consolidated Companies Inc. v. Bank of China

353State immunity — Jurisdictional immunity — Prohibition of jury trials in proceedings against foreign States — Whether violating constitutional guarantee of right to trial by jury — Foreign Sovereign Immunities Act 1976 — Whether applicability of guarantee determined by nature of proceedings rather than status of defendant — Whether waiver of immunity removes proceedings from scope of Act and provisions excluding jury trial — The law of the United States

Ottoz Claim.

Individual in International Law — Position with regard to Proceedings between Governments before International Tribunals.International Conciliation — Commission of Conciliation as an Arbitral Tribunal — Supremacy of Jurisdiction of — Parallel Proceedings in Municipal Courts.International Conciliation — Commission of Conciliation as an Arbitral Tribunal — Nature of Proceedings before — Binding Force of Decision of — Governments Parties to Proceedings and Individual Interests.Treaties — Interpretation of — Peace Treaty of Paris, 1947 — Meaning of “charges of any kind” — Whether Italian Legislation concerning Tenancies Enacted during Armistice Period Satisfies Obligation to Restore Property — Whether Letting of Premises by Sequestrator “a measure taken against property”.

The Nature of Proceedings in Contempt in Patent Causes

The Nature of Proceedings in Contempt in Patent Causes

Wills: Contest: Nature of Proceedings: What Law Governs: Testamentary Capacity

Wills: Contest: Nature of Proceedings: What Law Governs: Testamentary Capacity