Search Results (634)

Profession-related disciplinary tribunals consider a range of factors when determining penalties following findings of professional misconduct. Penalties that impose conditions on practice hold the potential to facilitate practitioners’ rehabilitation back to safe practice. This study explores the use of penalty conditions by three disciplinary tribunals in New Zealand (the Lawyers and Conveyancers Tribunal [LCDT]; the Health Practitioners Disciplinary Tribunal [HPDT]; and the Teachers Disciplinary Tribunal [TDT]). Disciplinary decisions published between 2018 and 2022 (N = 538) were analysed, coding the explicit reasons cited for imposing or not imposing conditions and if rehabilitation was cited as a penalty principle. Conditions were imposed in 58.6% of the cases, though tribunals varied. All of the tribunals commonly referred to the concepts of remorse/insight, or lack of it, as reasons for ordering or not ordering conditions, and they often considered the seriousness of the misconduct. Reasons for not ordering conditions were more varied between tribunals, as was citing rehabilitation as a penalty principle. The findings suggest that tribunals give substantial consideration to the decision of imposing conditions, drawing on both objective (e.g., past misconduct) and subjective (e.g., cognitive and psychological) phenomena. The reasons did align with concepts found in broad sentencing guidelines from some other jurisdictions (e.g., criminal justice response), though future research on defining and measuring these concepts may help understand their predictive and protective utility. Full article

Rates of victimization from identity theft continue to rise exponentially. Personally identifiable information (PII) has become vitally valuable data bad actors use to commit fraud against individuals. Focusing primarily on the United States and Canada, the objective of this paper is to raise awareness for those involved in criminal justice (CJ) to more fully understand potential life-changing consequences for those whose PII is used fraudulently. We examine the impact of crimes involving PII and the urgent need to increase investigations and legal proceedings for identity theft-related crimes. Referring to a National Crime Victimization Survey, we analyze why many victims of identity theft crimes resist notifying appropriate authorities. We also address why those within the CJ system are often reluctant to initiate actions against occurrences of identity theft. We provide insight into consequences experienced by identity theft victims, particularly if their PII is posted on the Dark Web, a threat that can exist into perpetuity. If rates of victimization from identity theft-based crimes are to decline, reporting of victimization must increase, and current legislation related to investigating and processing identity theft crimes must progress. Full article

Although the escalation in online child sexual abuse material (CSAM) is not a novel problem, recent digital proliferation has brought about new alarming challenges in addressing the issue. CSAM poses significant risks to children and society in general, the most serious being the long-lasting harmful effects on depicted victims. The already distressing problem is exacerbated by the worldwide appearance and spread of AI-driven or virtual CSAM, as AI offers a fast and increasingly profitable means for the sexual exploitation of children. The paper aims to provide a comprehensive review of current legislative measures focusing the European Union for combating online CSAM. With a particular focus on AI-driven CSAM, we will systematically evaluate the effectiveness and applicability of these regulations in addressing virtual CSAM. The paper will conclude with policy recommendations to address identified gaps in the European legislative framework concerning virtual CSAM. Full article

The provisions of international documents that guarantee the fundamental right to freedom and security are transposed into Romanian legislation both in the Constitution and in the Code of Criminal Procedure. In this context, the present study aims to analyze the national standard of protection of individual freedom in judicial proceedings compared to the standard established by the Convention for the Protection of Human Rights and Fundamental Freedoms. Through documentation, interpretation, and scientific analysis as the main research methods, this paper emphasizes the possibility of establishing, through domestic legislation, a level of protection higher than that imposed by the conventional standard. From this perspective, by regulating a right to repair the damage suffered in the situation of unjust deprivation of liberty as a result of ordering a preventive measure, the national standard of protection established by the Romanian Code of Criminal Procedure is higher than the European standard. This study concludes with a proposal to expand the current procedural framework configured by the provisions of the Romanian Code of Criminal Procedure (with the amendments made in 2023) regarding the special procedure for repairing the damage suffered as a result of the illegal or unjust deprivation of liberty during the criminal process. Full article

Within the European socio-cultural landscape, which is increasingly attuned to animal welfare concerns and characterized by growing multiculturalism, ritual slaughter has become a subject of considerable debate due to its legal, economic, and health implications. This debate is increasingly fueled by interventions by judicial bodies that, not infrequently, have filled protection gaps in legislation on the relationship between human rights and the treatment of animals. In this review, the authors aim to describe the evolutionary path of supranational jurisprudence in the case of religious slaughter, focusing on the most recent animal welfare decision rendered by the European Court of Human Rights (ECHR) on 13 February 2024. This innovative judgement, in line with other precedents, indicates the orientation of the international and European law, which, driven by public morality, is increasingly characterized by the compression of human rights in favor of animal interests. Full article

Nowadays, the use of digital services is indispensable to the daily activity of businesses or end users. Digital services and online platforms contribute to the internal market by opening new business opportunities, increasing industry competitiveness, and widening consumer choice. While digital services have contributed to boosting innovation and developing new business models, a few online platforms act as gatekeepers by controlling a large digital market, likely leading to unfair practices and conditions for business users and end users. Against this background, this paper discusses the rationale and the necessity for regulating digital technology development in the digital market. It analyses the EU’s approach to adapting competition policy for the digital age. This paper argues that the Digital Markets Act will undoubtedly impact business models in the digital market and regulatory framework at the national level. However, its fundamental success will depend on whether the Commission has the appropriate tools to address the development of new technologies. Full article

This paper analyzes the theoretical foundation and practical implications of recognizing the right to a stable climate as a fundamental human right. Further, it examines the intersection of human rights, right to climate, and the intensification of extreme climate events. Through a bibliometric analysis, the study highlights the increase in scholarly attention paid to this nexus. The intensification of extreme climate events, such as the Cumbre Vieja volcano in Spain, is also analyzed as a catalyst for recognizing the right to climate as a human right, as a fundamental requirement for its enactment. Indeed, it is argued that this recognition is necessary to achieve climate justice. These thoughts about the necessity of recognizing the right to climate as a human right are also based on a similar case, the enactment of the rights to water and sanitation, which is presented as a case study, demonstrating how specific environmental rights can be integrated into human rights discourse. The results and discussion section synthesizes these findings, highlighting the imperative of recognizing climate rights to ensure justice and sustainability amidst escalating climate challenges. Full article

Social farming is a much-studied concept in the European Union, but debates continue on the issues of standardised content and terminology. Therefore, this study involved an empirical analysis of various social farming concepts, outlining a way in which relevant rules can be designed at the European level. Various models of social farming were empirically analysed, with a focus on the (a) aim of the organisation, (b) actors within and outside the organisation, and (c) communication and decision-making structures. This study demonstrates that a European-level legal act should be adopted to achieve standardisation; however, full harmonisation is not desirable, at least not at present. It will be necessary to oblige Member States to catalogue specific activities to be covered by the term social farming in a given legal system. The pivotal point here is the multifunctional idea of agriculture, which ultimately means that social agriculture will have to support traditional agricultural activities, an approach that could be used to promote social farming systematically. The main feature of this proposal is the implementation of an open, subsidiary approach to do justice to the versatility of social farming. Full article

The International Maritime Organization collaborates with member states to develop the Maritime Autonomous Surface Ships (MASS) Code to establish an international agreement framework. In December 2023, an agreement was reached on the European Union (EU) Artificial Intelligence (AI) Act within the MASS Code. It was officially finalized and implemented on 1 August 2024. While the Act’s full application is set for two years later, certain provisions regarding safety against AI risks will take effect sooner. This study utilized a multiple-streams analysis method to examine how the EU AI Act impacted shipyards and shipping companies, focusing on ethical AI use and user safety. The findings indicate that technical completeness, safety enhancement, and AI system regulation through risk classification influence autonomous ship innovation. The challenges of reviewing the commercialization of new technologies for autonomous ships may result in market failures or decreased industry competitiveness. The study emphasizes the need to balance AI safety and ethical responsibility with autonomous ship development innovations. To ensure the sustainable application of AI technology, innovators must adapt to the EU AI Directive. Hence, this study confirms that the ethical and legal regulation of AI technology is crucial in technological innovation and development related to autonomous ships. Full article

The artificial general intelligence (AGI) industry, represented by ChatGPT, has impacted social order during its development, and also brought various risks and challenges, such as ethical concerns in science and technology, attribution of liability, intellectual property monopolies, data security, and algorithm manipulation. The development of AI is currently facing a crisis of trust. Therefore, the governance of the AGI industry must be prioritized, and the opportunity for the implementation of the Interim Administrative Measures for Generative Artificial Intelligence Services should be taken. It is necessary to enhance the norms for the supervision and management of scientific and technological ethics within the framework of the rule of law. Additionally, it is also essential to continuously improve the regulatory system for liability, balance the dual values of fair competition and innovation encouragement, and strengthen data-security protection systems in the field of AI. All of these will enable coordinated governance across multiple domains, stakeholders, systems, and tools. Full article

NFTs (non-fungible tokens) enable the commercialization of goods and services through blockchain technology, enhancing the security, transparency, and speed of transactions. The primary challenge NFTs face is their connection to the underlying asset, ensuring that transferring the token also means transferring the linked asset. This interdisciplinary article examines the technical and legal challenges of creating and linking a digital asset to an NFT. To explain the binding process, an NFT associated with a digital artwork was created, and relevant internal and uniform legal regulations were analyzed. Full article

Recently, legislative acts on the protection of the green belt have been increasingly adopted in various states. Using the legislation examples of the United Kingdom, the Canadian province of Ontario, and Russia, we have identified public relations that can be the subject of regulation of such legislation. Based on the analysis of typical legal conflicts, the problem areas which need the most attention of the legislator have been identified. The methods of differentiation of the legal regime for various areas within the green belt are investigated, taking into account their geographical features and specific management goals. The most promising areas for legal regulation that require the increased attention of legislators speak to the establishment of the procedures and criteria for excluding land plots from the green belt, the regulation of village development processes within the green belt, the establishment of a comprehensive list of agricultural types of permitted use, and the establishment of the procedure for the development of specialized plans or strategies for the use and protection of the green belt. The article offers solutions to these issues. The methodology of comparative law, including the functional method, was used in the study. Full article

Recent developments within American politics have witnessed an increase in the use of history to highlight the need for social justice and civic engagement. Yet, on its own, history is an altogether impotent means of doing so, for it fails to provide the public with the moral framework necessary for evaluating past injustices on an objective basis. To remedy this problem, this essay suggests that historians and other scholars and activists who are interested in civic engagement and social justice should look to the classical and common law traditions; the answer to the theoretical need for a solution to problems within presentist activism has, in other words, been the law. Doing so would provide a more universal and shared conception of past injustices and help increase a polity’s moral consciousness. Practically, this strategy can be implemented through a classical or liberal education, with the additional help of state legislatures. In all, this essay argues that history on its own is insufficient for moral education, that the best moral education is offered through the classical model, and that, as a practical matter, it is necessary for a legislative solution to mandate that education, if it will ever be possible to find an objective basis for civic engagement and social justice. Full article

Building on recent civic engagement conversations, this article considers several legal proposals and existing frameworks that are meant to expand opportunities for civic growth and interaction in higher education. Though well intentioned, these proposed and existing guidelines, as we demonstrate, in many cases, restrict the ability of students to learn in traditional ways that facilitate their civic interactions on campus. The suggested and recently implemented reforms include expanded Advanced Placement and Dual Credit opportunities, reduced support for general education classes, and 90 h degrees intended to replace 120 credit hour degrees. The issue with all of these ideas (implemented or not), as we show, is that they amputate what is critical to a genuine undergraduate civic engagement experience: time physically spent on campus, building bonds of trust within a cohort in a way that makes possible the tough conversations, without which true civic connection never becomes a reality. The recommendation of our article as a whole, then—at the local, state, and federal levels—is to use all available legal tools, including ones connected to financial aid and accreditation, to not further reduce time that students are required to spend on campus as a prerequisite of graduation. Maintaining residential requirements, as we further show, will also advance goals of equity and equal access. Full article