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Using Patent Development, Education Policy and Research and Development Expenditure Policy to Understand Differences Between Countries – The Case of Estonia and Germany

.06.2019 European Commission. Guide to Cost-Benefit Analysis of Investment Projects Economic appraisal tool for Cohesion Policy 2014–2020. [online]. Available at: https://ec.europa.eu/regional_policy/sources/docgener/studies/pdf/cba_guide.pdf Accessed: 14.06.2019 European Patent Office. Cost of a Unitary Patent . [online]. Available at: https://www.epo.org/law-practice/unitary/unitary-patent/cost.html Accessed: 14.06.2019 European Patent Office. Patents and the Fourth Industrial Revolution . [online]. Available at: http

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Indirect Effect of EU Law under Constitutional Scrutiny – the Overview of Approach of Czech Constitutional Court

Summary

The paper deals with the non-normative impacts of the EU law in the national legal systems (Czech Republic in particular) and focuses on the approach of the Czech Constitutional Court (CCC) towards the so-called principle of indirect effect of EU law. The authors examine the case law of CCC and offer the conclusions about the place, constitutional relevance and (national) limits of the EU-consistent interpretation of national law. CCC up to date case law clearly indicates that a EU-consistent interpretation is the most ideal tool for meeting the Czech Republic’s membership obligations. But it is simultaneously a tool for preserving the autonomy of the national authorities applying law and reduces possible tensions between supranational and nation law. CCC accepts the indirect effect broadly and used this concept even in controversial cases (European arrest warrant, State responsibility for damages etc.). But still it does not approach this effect without reservations. CCC points on the necessity to protect the fundamental constitutional values (‘Solange’ concept) even in connection with the duty of EU-consistent interpretation.

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Information and Communication in Public Administration in the Context of Management Control Functioning in the Public Finance Sector in Poland

Summary

The aim of this article is to present the essence and significance of information and communication in public administration in the context of the management control. Broadly understood information in public administration allows both to control the activity of this administration and to make correct decisions and actions in order to perform public tasks effectively. Therefore, the existence of a proper system for sharing and exchanging information is an essential component of the management control, ensuring the execution of the tasks and objectives in a way that is consistent with the law, effective, efficient and timely. The article points to i.a. the types of information and means of communication that may be deemed effective or legally acceptable tools for conveying information and communicating in public information. In this context it should be emphasised that - in particular - sharing public information requires that a relevant form be retained and a proper sharing procedure be followed.

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Non-Signatories in International Commercial Arbitration: Contesting the Myth of Consent

Abstract

Consent, the final frontier. International commercial arbitration is a dis­pute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. However, the aim of this paper is to analyse whether its contractual, indeed consensual, nature is the only element which the courts use to identify the subjects who may compel or must be compelled to arbitrate disputes, or whether they employ other considerations as well. The paper will focus on extension doctrines which might be less known even to a professional audience: piercing of the corporate veil, estoppel & group of companies. A review of selected case law leads to a conclusion that consent-finding analysis is defi­nitely a starting point of any analysis. However, at the same time courts and arbitrators do indeed use tools of contract interpretation and the ones based on equity or good faith considerations to establish, and exceptionally force, the implication of consent far beyond what is obvious.

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Judicial Activism in Nigeria: Delineating the Extend of Legislative-Judicial Engagement in Law Making

Abstract

Authoritarian governments are by their very nature unconstitutional. Such government thinks of themselves as above the law, and therefore sees no necessity for separation of powers or representative governance. Constitutional democracy on the other hand, is however based on the notion of people’s sovereignty, which is to be exercised in limited manner by a representative government. Accordingly, judicial activism in this paper is employed to establish the theory of popular participation of courts in the decision making processes through settlement of disputes, interpretation or construction of laws, determination of propriety of legislations, legislative and execution actions within the doctrine of separation of powers for the purpose of enforcement of the limitations in government on constitutional ground. This paper thus examines the concept of judicial activism, its legitimacy and as a mechanism for providing checks and balances in the Nigerian government. The paper demonstrates a game theory of judicial legislative interaction within their function and contends that the notion of judicial supremacy does not hold water because the legislature always has the second chance of invalidating the judgment of courts exercising the legitimate powers. The paper concludes that judicial activism in these countries is a veritable tool in advancing the compliance with the rule of laws on the ground of the Constitution.

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Hate Speech, Democratic Legitimacy and the Age of Trump
(reviewing Eric Heinze. Hate Speech and Democratic Citizenship. Oxford: Oxford University Press, 2016)

Jews in Holocaust Remembrance Day Message, Fast Forward: Quick reads through a Jewish lens , 27 Jan. 2017. [online], < http://forward.com/fast-forward/361425/trump-doesnt-mention-jews-in-holocaust-remembrance-day-message/ > Accessed: 22.06.2017. Strossen, Nadine. Regulating Racist Speech on Campus: A Modest Proposal, Duke Law Journal, 1990, pp. 554–55. Tate, Janisha. Turkey’s Article 301: A Legitimate Tool for Maintaining Order, Or a Threat to Freedom of Expression? Georgia International and Comparative Law Review , 2008, vol. 37. Waldron, Jeremy

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