Relevant Case Law Research Articles

Az anyanyelv használatának joga és annak érvényesülése a magyar büntetőeljárásokban

Aim: The goal of this study is to review Hungarian and international legal instruments in order to assess the relevant standards in this field. Enacting proper legal regulations, however, does not necessarily mean that the requirements of language assistance are also enforced in practice. Another goal, therefore, is the review of the relevant caselaw. Methodology: This study reviews the relevant standards through the review of the relevant Hungarian legal regulations, as well as of the applicable human rights and EU legal instruments. The practical enforcement of the right to language assistance is analysed through the caselaw of the Hungarian Constitutional Court and regular courts. Findings: The present Hungarian Criminal procedure code defines the right to language assistance and the use of translator and interpreter in details. The European Convention on Human Rights and the relevant Directive of the EU also regulate this right. After examining the relevant legal standards it becomes apparent that the present Hungarian legal regime provides more rights and offers a higher level of protection than what is required by the European standards. The consistent jurisprudence of the Constitutional Court considers the right to use mother tongue a crucial element of the equality of arms, an essential part of the right to fair trial. The caselaw of courts show that though there are some cases in which appeals also concern the use of mother tongue, the vast majority of these claims are not relevant for the merits of the case. Value: The right to translation and interpretation is one of the main principles of criminal procedure. The right to language assistance is crucial for ensuring fair trial. In summary, the enforcement of the right to use one’s mother tongue meets the standards provided for in legal regulations and the jurisprudence of the Constitutional Court, but in this field continuous analysis is required in order to ensure compliance at all times.

Is It Just Dumb Luck? The Challenge of Getting Access to Public Records Related to Smart City Technology

Many state and local governments have begun to rely heavily on Smart City technologies, including license plate readers, gun-shot detection equipment, wastewater monitoring tools, and more. But the public often has little oversight with regard to their purchase, installation, and use. We analyze public records laws and relevant case law to examine whether the laws provide access to records about, and produced by, Smart City technologies. Even in states that broadly define “public record,” officials regularly rely on exemptions—often citing law enforcement or privacy concerns—to deny access. Further, many Smart City technologies have not been addressed by the legislatures and courts, but legislation and litigation involving two technologies (police body-worn cameras and police dash cameras) have advanced—offering some optimism.

The Ban of Political Parties – An Analysis of the Criteria Developed by the German Federal Constitutional Court and the European Court of Human Rights and their Interconnection

It is possible to ban political parties in many modern democracies. However ideologically extreme they may be, their ban constitutes a violent interference in the political sphere and should therefore only be applied in particularly justified cases. The article analyses the relevant case law of the German Federal Constitutional Court and the European Court of Human Rights. It comes to the conclusion that the jurisprudence of the two courts is closely linked and builds on each other. Moreover, by today’s standards, it is not possible to ban a political party that has an unconstitutional programme, even if it tries to implement it aggressively and violently, as long as it is not in a position to actually implement it, i.e. it does not have the necessary political power.

Policing of youth in the hospital

BackgroundEach year millions of children seek care in emergency departments, many of whom are from marginalized and minoritized groups who lack access to primary and preventive care. Law enforcement personnel are also commonly present in pediatric and adult emergency departments serving in a range of roles. Therefore, pediatric emergency departments sit at the nexus of the health system and the legal system for many vulnerable youth and families. ObjectiveHerein, we explore several common specific legal issues surrounding policing of youth in the hospital setting: patient privacy and disclosure of information, questioning and visitation restriction, autonomy and decision making, restraints and use of force, and patient property. MethodsOur team of legal scholars and clinician researchers examined the literature on policing of youth in healthcare settings and patients' legal rights in healthcare settings through searches using PubMed, Westlaw, and Lexis. FindingsThrough rigorous analysis of the medical literature, legal scholarship, and relevant case law, several important themes were identified which present challenges to clinicians caring for vulnerable children. Conclusions and relevancePediatric clinicians, highly trained professionals in the medical and social care of youth and children, are often unaware of legal rules and procedures that guide law enforcement interaction with youth. This lack of knowledge may result in unknowing and unwitting violations of patients' rights while also compromising the quality of health care provided. Therefore, it is imperative that clinicians are educated on their roles and their institutions' roles in safeguarding patients' privacy and autonomy while still promoting effective collaboration with law enforcement.

Compulsory acquisition of property for urban densification in South Africa: an answer to the chronic housing backlog?

ABSTRACT The cities are rapidly sprawling in South Africa, despite the city authorities’ attempts at containing the sprawl. This has signalled the need for strong urban densification policy which – if properly designed and implemented – promises to yield several benefits such as smart, inclusive, equitable and sustainable cities. Densification policy can also facilitate access to adequate housing which remains a challenge in South Africa where millions of people are inadequately housed, if not homeless. Using a qualitative investigation and literature review to analyse the relevant policies and case law, this article investigates whether a legally sound argument can be developed for compulsory acquisition of property to be deployed as a mechanism to facilitate enhanced access to housing for the poor and marginalised. Put differently, the article asks whether compulsory acquisition could be an ideal method of facilitating densification to ramp up housing provision across the country. The findings suggest that urban densification policy is a necessary intervention in that regard. Compulsory acquisition of property is advanced as an optimal method to achieve this endeavour.

The Evolution of Futures and Options Markets: From Agricultural Roots to High-Frequency Trading

The evolution of futures and options markets from simple agricultural hedging tools to complex financial instruments has been marked by significant technological advancements, particularly the advent of electronic trading and high-frequency trading (HFT). This paper traces the development of these markets, highlighting key milestones and innovations that have shaped their current form. High-frequency trading, while enhancing liquidity and reducing transaction costs, has also introduced significant challenges, including increased market volatility, the potential for market manipulation, and systemic risks, as seen in events like the 2010 Flash Crash. This research provides a comprehensive analysis of the legal and regulatory frameworks governing futures and options markets, with a focus on both Indian and international contexts. It examines the effectiveness of existing regulations in addressing the challenges posed by modern trading practices and explores the need for continuous adaptation in regulatory approaches. Through a detailed review of relevant case laws, statutory provisions, and scholarly literature, the paper identifies gaps in current regulatory practices and proposes recommendations to enhance market transparency, fairness, and stability. The study concludes that while the evolution of futures and options markets has brought undeniable benefits in terms of efficiency and risk management, these markets must be carefully regulated to mitigate the risks associated with high-frequency and algorithmic trading. Adaptive regulatory frameworks, enhanced transparency measures, and international cooperation are essential for ensuring that these markets continue to contribute positively to the global financial system.

Fake News and Covid-19: Malaysian legal perspective

The outbreak of the COVID-19 pandemic has been accompanied by fake news which is as dangerous as the virus itself. Many countries have promulgated laws to combat fake news including Malaysia. This paper considered the criteria for fake news offences and the regulatory measures and non-regulatory measures put in place to counter fake news in Malaysia. Employing a doctrinal methodology, this article analyses the relevant legislations and case laws for offences and punishments with regards to fake news Based on the findings, the paper proposes an amendment in the relevant laws to combat fake news in Malaysia.

AI in Radiology: Navigating Medical Responsibility.

The application of Artificial Intelligence (AI) facilitates medical activities by automating routine tasks for healthcare professionals. AI augments but does not replace human decision-making, thus complicating the process of addressing legal responsibility. This study investigates the legal challenges associated with the medical use of AI in radiology, analyzing relevant case law and literature, with a specific focus on professional liability attribution. In the case of an error, the primary responsibility remains with the physician, with possible shared liability with developers according to the framework of medical device liability. If there is disagreement with the AI's findings, the physician must not only pursue but also justify their choices according to prevailing professional standards. Regulations must balance the autonomy of AI systems with the need for responsible clinical practice. Effective use of AI-generated evaluations requires knowledge of data dynamics and metrics like sensitivity and specificity, even without a clear understanding of the underlying algorithms: the opacity (referred to as the "black box phenomenon") of certain systems raises concerns about the interpretation and actual usability of results for both physicians and patients. AI is redefining healthcare, underscoring the imperative for robust liability frameworks, meticulous updates of systems, and transparent patient communication regarding AI involvement.

The Study on Impact of Online Games on Children Reference with Case Laws

Online gaming has become a popular form of entertainment for children around the world, including in India. While some studies have suggested that gaming can have positive effects on children's cognitive development and socialisation, there are also concerns about the potential negative impact of excessive gaming on children's health and wellbeing. Additionally, there have been some recent developments related to online gaming and case laws in India that highlight the need for greater awareness and regulation of this growing industry. This study aims to explore the impact of online games on children in India, and to examine the relevant case laws and regulations that govern this industry in the country. To create awareness about the influence of online games on children's life. To prevent the addiction of children in online games. To understand the problem of addiction to online games for children. To analyse the influence of online games on children's life. To know about the case laws related to online games on children. For the purpose of this research, an empirical method was followed and the data was collected through online survey analysis. The SPSS software by IBM was used to calculate the empirical statistics. The sample size was 200. Dependent variables are online games affect mental health of children, online games addiction to happening murder, children are addicted for online games, online games can cause health issues to children, online games affect children's life, effect of playing computer games of children, computer games good for children. Independent variables are Age, Gender. Various tools like Bar graph were used.

MATERIJALNI NEDOSTACI KOD KUPOPRODAJE STOKE U REŽIMU OGZ-a

This article is an analysis of the liability for defects in the sale of cattle during the application of the ABGB in Croatia. It analyses the foundations of the system in Roman law and provides an overview of the contemporary Croatian approach to the matter. In Croatian regions, ABGB has been applied for a relatively long period, and the analysis is based on the available case law from that period. In Roman law, the sale of cattle was essential to the creation of general rules for liability for defects, and ABGB set particular rules for the liability of defects in the sale of cattle. Generally, in the sale of livestock, there is an obvious problem regarding many potential latent defects (especially diseases, in Roman law morbus), so this area was historically quite relevant for the system of liability for defects. The article first deals with liability for eviction and for defects in the system of the ABGB (Gewährleistung). It then addresses the liability for defects according to the original text of the ABGB and compares it with the corresponding system in Roman law. The analysis of the liability for defects in the sale of cattle in the ABGB system is done with a special emphasis on the relevant case law of that time. Finally, there is a short overview of the contemporary Croatian approach to the matter.

Bounced Cheque as an Enforceable Instrument: A Comparative Study between the United Arab Emirates (UAE) & French Legislations

Purpose: This research aims to define the bounced cheque, which is considered an Enforceable Instrument, and to clarify its cases, implementation procedures, and the conditions associated with this execution through a comparative study of the prevailing legal provisions in both Emirati and French law. Theoretical reference: The study examines the concept of a bounced cheque as an Enforceable Instrument under the legal frameworks of the UAE and France. It analyzes the criteria, cases, and procedural requirements for executing a bounced cheque in both jurisdictions, highlighting the differences and similarities in their legislative approaches. Method: A comparative analysis was conducted, scrutinizing the legal provisions and enforcement procedures related to bounced cheques in Emirati and French law. The study involved reviewing relevant statutes, case laws, and legal commentaries to understand the practical implications of treating a bounced cheque as an Enforceable Instrument in both countries. Results and Conclusion: The research reveals that in UAE law, a bounced cheque is considered an Enforceable Instrument as soon as the bank notes the absence of sufficient funds or that the drawer's account has been closed. In contrast, French legislation grants Enforceable Instrument status to an unpaid cheque only after a thirty-day period, allowing the drawer time to settle the cheque's value or reach a settlement with the beneficiary. The study concludes that while both legal systems recognize the enforceability of bounced cheques, they differ significantly in the timing and conditions under which this enforceability is granted. Implications of research: The findings suggest that while the immediate enforceability of bounced cheques in the UAE provides swift recourse for beneficiaries, the French approach of granting a grace period offers a more balanced consideration for the drawer. The research implies that incorporating a reasonable time frame for fulfilling the value of the bounced cheque, as suggested in the recommendations, could harmonize the interests of both parties involved. Originality/value: The research provides a comprehensive comparative analysis of the enforcement of bounced cheques in Emirati and French law, offering valuable insights into the strengths and weaknesses of each system. The proposed recommendation of a balanced time frame for cheque fulfillment contributes to the ongoing discourse on optimizing legal procedures for financial instruments, potentially influencing future legislative reforms.

POL-INTEL

AbstractSince the adoption of Section 2a of the Danish Police Act in 2017, the police have been able to conduct cross-sectional information analyses in IT systems designed for this purpose, and thus process personal data for purposes other than those for which they were originally collected. This is regulated by the Executive Order on Cross-sectional Information Analyses. According to this executive order, the police shall use the POL-INTEL system to perform the analyses. The article discusses the police’s use of personal data for new purposes based on the Law Enforcement Directive, the Danish Law Enforcement Act, and relevant case law from the European Court of Justice. It assesses whether the regulation of POL-INTEL in the Executive Order on Cross-sectional Information Analyses adheres to the principles of purpose limitation, data minimisation and legality, or whether there is a need for changes to the Danish regulation .

A Critical Analysis of Legal Regime of Ship-Breaking and Ship-Recycling in Bangladesh

Shipbreaking and ship recycling is one of the major industries of Bangladesh. It is a significant contributor to Bangladesh’s economy and employment as well as one of the major sources of steel supply for the nation. However, this comes at a huge cost to the environment and human health and the current governance of the industry is unable to address this issue properly. This paper offers a comprehensive analysis of the legal framework governing ship-breaking and ship-recycling in Bangladesh, with a primary focus on environmental degradation. It critically examines both national and international instruments aimed at regulating this industry. Drawing upon extensive research and literature review, the paper evaluates the effectiveness of existing legal mechanisms in addressing environmental concerns associated with ship-breaking activities. Special attention is paid to the compliance and enforcement mechanisms within these legal frameworks. Through a comparative analysis of relevant statutes, conventions, and case law, the paper highlights gaps and shortcomings in current regulations which need to be addressed to strengthen environmental protections in the ship-breaking industry. This study seeks to augment the existing dialogues on encouraging sustainable practices in the ship-breaking and ship-recycling industry in Bangladesh by offering a nuanced understanding of the complex interactions between legal regulations and environmental degradation.

Recalibrating originality for music in copyright law

Purpose Though originality is a requirement for copyright protection, the term is not defined, leaving room for differing interpretations. Over the years, there has been a shift in the yardstick for determining originality. The lack of definition gives room for ambiguity and creates hurdle for protection. The difficulty in assessment of originality is more felt in certain forms of work like music, which has its own theories and limitations. Absence of determining tests creates uncertainty for the authors to draw the line between inspiration and infringement. This paper aims to define originality as applicable to each subject matter. Design/methodology/approach The methodology used is a qualitative analytical approach and draws from theories and relevant case laws. Findings The requirement of “originality” as laid down in the Copyright Act has to be defined with precision. The requirement of originality for different categories of subject matter encompassed within copyright law will differ and so the term should be redefined with respect to each subject matter. Originality/value This paper is an original work and canvasses for a definition of the term originality in the Copyright Act with reference to the various subject matter entitled to protection.

Analysis on the Regulatory Frameworks of Vaccine Manufacturing and Distribution in Ghana

Objective: Analyze Ghana's vaccine regulations framework to identify strengths, limitations and policy refinement opportunities regarding manufacturing/distribution. Method: Structured CRuPAC legal review model encompassing comparative assessment of Food/Drugs Act and Public Health Act provisions based on identified criteria; investigation of rules, historical applications and guiding principles; counterargument evaluation; advice formulation integrates relevant case laws, specific legislation sections and academic literature. Results: Robust ecosystem found but with bureaucracy/access constraints; precedent supports compulsory vaccination upholding safety/welfare principles. Conclusions & Recommendations: Balance safety considerations and industrial growth incentives; expedite registration pathways for proven developers, offer tax incentives for local producers, leverage compulsory licensing during shortages; increase healthcare budgets for system strengthening. Contributions: Granular legal analysis establishes evaluative baseline; structured CRuPAC assessment elucidates reform gaps; expansive literature review provides contextualization; reasoned interpretation of vague provisions based on legal theory; tailored, evidence-based recommendations. Significance: Highlights precedents, incentives and measures to optimize policies for regulators/manufacturers/legislatures regarding emergency preparedness.

THE IMPACT OF THE RECENT CASE LAW OF CJEU REGARDING ARTICLE 2 TEU ON NATIONAL CONSTITUTIONAL VALUES IN ROMANIA

In recent years, the Constitutional Court of Romania has tried to create an internal wall for not giving effect to the application of the supremacy of European Union law, respectively the judgments of the Court of Justice of the European Union regarding the rule of law, as regards the Constitution itself, by developing an ultra vires control and an identity control in an original way. Although the pressure to change such an approach is omnipresent, however, the reasons of Decision no. 390/2021 have not been revised until today by the subsequent case law of the Constitutional Court of Romania, but on the contrary, in two press releases, the idea of revising the Constitution for accepting the effects of the relevant case law of the Court of Justice of the European Union in the matter was launched exclusively. However, a series of somehow sovereignist decisions, also including here the interpretation in its own, extensive manner, of an opinion of the Venice Commission, seems rather on the way to be abandoned, an example in this regard being the recent Decision no. 283/2023, by which the Constitutional Court of Romania restated the need to impose a threshold in the case of the offence of abuse of office.

Will the football agents’ service fee cap survive the current legal attacks?

The Fédération Internationale de Football Association (FIFA) has set a service fee cap for football agents in its new FIFA Football Agent Regulations (FFAR). The respective regulations came into force on 1 October 2023. The article examines the question—in the negative—of whether this service fee cap is compatible with EU antitrust law. Following an overview of the relevant case law of various German state courts and the Court of Arbitration for Sport (CAS), the legal issues associated with the initial problem are analysed in detail.

Core Legal Challenges for Medical 3D Printing in the EU.

3D printing has been adopted into routine use for certain medical applications, but more widespread usage has been hindered by, among other things, unclear legislation. We performed an analysis, using legal doctrinal study and legal informatics, of relevant EU legislation and case law in four issues relevant to medical 3D printing (excluding bioprinting or pharmacoprinting): pre-market approval, post-market liability, intellectual property rights, and data protection. Several gaps and uncertainties in the current legislation and interpretations were identified. In particular, we regard the current EU regulatory framework to be quite limiting and inflexible, exemplifying a cautionary approach common in EU law. Though the need to establish high safety standards in order to protect patients as a disadvantaged population is understood, both legal uncertainties and overregulation are seen as harmful to innovation. Hence, more adaptive legislation is called for to ensure continuous innovation efforts and enhanced patient outcomes.

The Child’s Right to Establish and Preserve his or her Identity. Legislative and Case-Law Considerations

Abstract In each state there are certain vulnerable categories of population: children, elderly, disabled people, who need special protection in order to realize their rights. Among them, there are children, whose rights are explicitly regulated in Romania by Law nr. 272/2004 on the protection and promotion of children’s rights, but also in other related laws. In the following, we intend to analyze: the right of the child to establish and preserve his or her identity in accordance with relevant legislation and case law.

Judicial Review of the Application of Ultra Vires Doctrine in Malaysia and Indonesia: A Legal Comparison

The Ultra Vires Doctrine serves as a fundamental principle in corporate law, delineating the boundaries of governmental authority and ensuring adherence to legal framework. This comparative study explores the application of the Ultra Vires Doctrine in the judicial systems of Malaysia and Indonesia. Through an analysis of relevant case law, statutory provisions, and scholarly literature, the study highlights similarities and differences in the interpretation and implementation of the doctrine across these jurisdictions. While both countries recognize the importance of restraining government action within legal limits, variations emerge in the extent to which courts intervene and the factors considered in determining ultra vires acts. By shedding light on these legal frameworks, this research contributes to a deeper understanding of corporate law principles in Malaysia and Indonesia and provides insights for legal practitioners, policymakers, and scholars seeking to navigate and strengthen the rule of law.