Central European Academy Law Review

Virtual Assets as an Object of Civil Rights

2024-07-03T08:12:38+00:00

This academic article argues that virtual property should be included in the civil rights catalogue as an intangible element. This study examines the metauniverse’s evolution, virtual property markets, legal regulation in the metauniverse across countries, and the potential to improve national legal frameworks in this domain. The author compared virtual property to tangible property and proposed using blockchain-based smart contracts to resolve metaverse legal concerns. Legal and practical regulations for virtual property transfers are lacking in the legislative realm. The metaverse and other new business models have raised complex legal issues regarding virtual asset authentication and use. These complex legal issues require further study. Metaverse operators should prioritise a thorough protection mechanism for users’ virtual property throughout virtual business scenario development. Property value in the metauniverse is non-constant, raising concerns about its stability. The transaction’s result depends on the collective or involved parties’ consensus. Value is determined similarly to how modern culture values collectibles and art. It would be foolish to treat all metaverse items as collections and art. Its impact on the tangible economic structure may be negative. Despite the resolution of metauniverse and medium of trade ownership issues, the challenge of actualizing ownership within the metauniverse will endure. The author examined numerous issues linked to Ukraine’s virtual property legislation. The author also made legislative development recommendations for this domain. The placement of virtual entities inside the Civil Code shall be subject to restrictions with regard to intangible or non-physical entities. This phenomenon arises as a result of the dynamic nature of society, characterised by the presence of societal norms and regulations. The evolution of law has emerged as a viable alternative that aligns with the changing demands of society in different historical periods.

Forms of prosecuting in the Polish criminal trial

2024-07-03T08:12:38+00:00

The subject of this article is to analyse forms of prosecuting in the Polish criminal trial. The author discusses the following issues related to the title issue: the essence of prosecuting, type of criminal offence and manner of prosecuting versus choice of prosecuting option, public prosecution, private prosecution, and Auxiliary prosecution. Discussion of statistical data is also part of the analysis. The article is built around the thesis that the functioning of the three options of prosecution in Polish criminal proceedings depends, as can be seen, on the type of offence committed. Whether the crime is public or private depends on the choice of the appropriate prosecution option.

Introduction and Evaluation of Slovenian Space Activity, Policy, and Legislation Considering International Space Law

2024-07-03T08:12:37+00:00

The examination of the development of space activities on a global scale, identifies several trends. One of them is the transition from dualism to multilateralism – from the Cold War, when only the two world superpowers of the time were active in space, to a situation where several countries are joining the now already large circle of spacefaring nations. Recently, Slovenia has followed the trend, and has in the last three years successfully launched three satellites, drawn out its space policy, and adopted its first space legislation. As it was one of the first countries in the region to do so, it can serve as a learning tool for other states wishing to embark on the same journey, enabling them to take a critical perspective and optimise their efforts. This study briefly presents Slovenian space activity, policy, and legislation. This study focuses on the legislative part, which presents and examines the compliance with international law. Based on this, certain improvements can be made and other states can decide how to draw their own national legislation governing space activities.

Current Development in the United States Case Law on Abortion and its Possible Impacts on the European Union and Continental Legal System

2024-07-03T08:12:38+00:00

This article aims to acquaint readers with the role and decision-making practice of the (Federal) Supreme Court of the United States of America in the matter of artificial abortion and a woman’s right to abortion in general. Special focus is placed on jurisprudential development in 2022, as a landmark decision was issued in 2022, which significantly interferes with the right to abortion throughout the United States. Abortion and abortion policy is currently widely discussed across the United States. For several decades, it was clear beyond any doubt that abortion is, in essence, a fundamental human right arising from the Constitution itself (Fourteenth Amendment) and that a woman can – while respecting certain set rules – undergo abortion, particularly in the first trimester, at virtually any time, according to her will. However, what was regarded as a certain and fundamental women’s right arising from the Constitution, has been overruled by the U.S. Supreme Court in 2022 for the first time in 50 years. In addition to the description of the current situation in the United States, this article briefly reflects on the possible effects of the current state of jurisprudence in the United States on the continental legal system. This article is created and reflects the legal status as of December 1, 2022.

Lack of conformity of goods with the contract and sustainability issue – Directive (EU) 2019/771

2024-07-03T08:12:37+00:00

This paper analyses the provisions of Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods from the sustainability perspective. In order to determine whether the legal solutions enshrined in the mentioned Directive represent a novelty, the paper also focuses on the provisions of Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees. This article aims to assess the contribution of Directive (EU) 2019/771 to achieving more sustainable consumption patterns. The issues covered concern the requirements of conformity, the legal guarantee period, the obligation to provide spare parts, the primary and secondary set of remedies, the commercial guarantee, and the expected future steps toward the amendments to Directive (EU) 2019/771. Although Directive (EU) 2019/771 explicitly mentions achieving more sustainable consumption patterns and a circular economy and encouraging sustainable consumption, it may be stated that these notions are not considered to a sufficient extent. Namely, the right to repair is not prioritised over the right to a replacement, while the obligation to provide spare parts is not included among the objective requirements of conformity. The opportunity granted to the Member States to allow the consumer to opt for a specific remedy if the lack of conformity appears within a period not exceeding 30 days after the delivery may be considered another example of neglecting the mentioned notions.

Financial autonomy of local self-government in Croatia

2024-07-03T08:12:37+00:00

The paper examines the notion and determinants of financial autonomy of local self-government in Croatia. The right to local and regional self-government as well as the competencies of local government units have been granted by the Constitution. Accordingly, the local government units are entitled to their own revenue, which they freely dispose of in performing their activities. However, financial autonomy is not clearly stated or defined, either at the constitutional level or at the statutory level. The primary source of local units’ revenues are taxes, followed by aid, ‘own source’, and earmarked revenues. The special emphasis of the paper is on ‘local’ taxes and the role of local government units in the formal aspects of financial autonomy, i.e. designing the local taxes’ notions and features. The paper also contains research on other local government units’ revenues, their legislative basis and normative design, and their role in local financial autonomy. Following the setting of the normative framework, the paper goes on to investigate the substantive aspect of fiscal autonomy, i.e. the fiscal role of local government taxes and other local revenue. The conclusions of the paper sum up the findings of the research and provide recommendations with the aim of making the system more sustainable in designing and achieving the financial autonomy of local government units in Croatia.

The Relationship and Differences Between Surrogacy and Adoption in the Czech Republic

2024-07-03T08:12:37+00:00

Surrogacy is a phenomenon that is receiving increasing attention all around Europe (but not limited to it). Some countries have already managed to incorporate it into their legal systems through explicit regulations or bans of such practice, whereas others remain reluctant about it. This unique mechanism of establishing a family has an interesting bond with another mechanism for family establishment – adoption. Although one may believe the difference between the two is clear as adoption has always been described as ‘accepting a foreign natural person as one’s own’, in reality, it is somewhat complicated, particularly in a country, whose legal regulations almost pretend that surrogacy does not relate to it. This study aims to analyse the two institutions, their differences, and the relationship between them. The key question is ‘Is there any difference, and if so what is the difference, between surrogacy and adoption of a minor child right after it has been born?’ This question entails other interesting questions, such as ‘Who can be a surrogate?’ or ‘Can she be already pregnant at the time she agrees to be one?’ Considering surrogacy is being broadly understood as based on a type of contract between the intended parent(s) and the surrogate, what characteristics should the surrogate have with respect to the close connection with adoption? Can she be already pregnant? All those questions are analysed primarily with respect to the Czech Republic and its blurred approach to surrogacy and missing special legislation. However, other countries and their approach to surrogacy are mentioned as well to provide additional context.

Protection of the Environment in National Constitutional Law in Light of the Jurisdiction of the ECtHR – A Hungarian Perspective

2024-07-03T08:12:37+00:00

The article gives a comparative analysis of the protection of the environment in the European human rights framework and at the constitutional level through the example of Hungary. The contribution analyses two judgments of the ECtHR in connection with the country and presents the Hungarian constitutional framework for the protection of the environment. The starting point of the analysis is the fact that the different levels of regulations – international and national – tend to focus on different aspects of protection, yet they significantly influence each other. The presentation of the two Hungarian cases is particularly topical in light of the fact that the Fundamental Law of Hungary, which introduced several unique provisions for the protection of the environment, was adopted between the finalisation of the two judgments.

Lack of conformity of the goods with the contract under Slovak legislation

2024-07-03T08:12:37+00:00

Consumer protection is a fundamental issue covered by the EU acquis in internal markets. Despite the efforts to approximate the legal regulations of the Member States in this area, there are still disparities between their legal systems regarding selected consumer protection issues. A relatively new EU directive has established a minimum standard around lack of conformity of the goods within the EU. The Slovak Republic has not yet transposed the directive into its national legislation. Is the legislation in this area in Slovakia set in a Euro-conform manner or is it necessary to adopt new provisions in this field? This study addresses the current legislation in Slovakia concerning lack of conformity of the goods. We also identify the shortcomings of the current legislation and address the issue of the amendment, which should change the status quo.

Financial Autonomy of Local Self-Governments Considering the European Charter of Local Self-Government

2024-07-03T08:12:37+00:00

The article is devoted to the Council of Europe’s European Charter of Local Self-Government as a unique international document serving as a basis on which the systems of local self-government are built all over Europe. The author aims to provide insight into the processes within the Council of Europe, which led to its adoption, to describe its character, to identify its advantages and shortcomings, and to evaluate its overall significance as a vital benchmark for measuring the degree of local self-government across the continent. The focus of this article is on the importance of the Charter from the perspective of local authorities’ financial autonomy. The author investigates how the issue of financing is generally perceived by the Charter and the related documents, while most of this study is dedicated to the individual provisions of the Charter concerning the various aspects of financial autonomy, from the general adequacy of funds to more specific issues such as the equalisation mechanisms or the right to borrow from the capital market. Using the documents issued by the Council of Europe bodies, and the opinions of scholars dealing with the topic, the author scrutinises, what kind of obligations arise from the respective provisions, also touching upon how well the ratifying states implement these obligations.

Legislative Framework of the Crime of Torture in the Regulation and Jurisdiction of Slovenia

2024-07-03T08:12:37+00:00

The article aims to explore the Slovenian regime on the crime of torture by presenting the genesis of the Slovenian incrimination of torture and its adequacy in the light of international law. The overview of the Slovenian legislative framework and case law involving the crime of torture begins with a presentation of the relevant international and national legal acts. This is followed by an analysis of the content of the relevant provisions in the Slovenian Constitution and in the Criminal Code, which is examined considering the international legal sources that bind Slovenia. By closely examining the genesis and the content of incrimination of torture, as it is known in the Slovenian Criminal Code, the article presents to foreign readers and the international professional audience the specific features of Slovenian incrimination of torture and its deviations from the international legal framework. In the following, the sanction system and the actors in the process of enforcement of particular norms aiming at the crime of torture are presented. The article concludes with an analysis of the case law on torture. Slovenian courts have not yet encountered the crime of torture. Therefore, the focus is on Slovenia’s convictions before the European Court of Human Rights for violation of Art. 3 of the Convention on Human Rights.

Protection of the Environment in Polish Constitutional Law in the light of the Jurisdiction of the ECHR

2024-07-03T08:12:37+00:00

Over the past decades, a global trend of constitutionalising environmental protection has been observed in connection with the attribution to this issue of key importance and value deserving special legal status. This practice has not bypassed the Republic of Poland; the current constitution provides an extensive range of environmental provisions. The aim of the paper is to review the Polish constitutional law in terms of provisions guaranteeing environmental protection. The article presents the specific legal framework and analyses the role of the Polish Constitutional Court in interpreting constitutional provisions. Based on the legal analysis, the author aims to identify best practices and solutions included in the Polish Constitution, as well as to indicate existing shortcomings of environmental regulation with some remarks de lege ferenda. An important part of the paper provides an assessment of the impact of the ECtHR’s case law on the practice and jurisprudence of Polish courts dealing with violations of the right to the environment. In this regard, attention is given to civil cases involving violations of personal rights in the form of health, privacy, and the ability to enjoy life in an uncontaminated environment. The outcome is a consideration of the connections between the construction of the right to the environment and the subjective rights guaranteed by the Polish Constitution.