Adam Mickiewicz University Law Review
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    317 research outputs found

    European Court of Human Rights Case Law on Genetic Information in the Scope of International Biomedical Law

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    The aim of the study is to analyze the case law of the European Court of Human Rights on genetic information in the scope of international biomedical law, as expressed in the International Declaration on Human Genetic Data and the Convention on the Protection of Human Rights and Human Dignity in the Field of Application of Biology and Medicine. The Court held that the genetic information is protected under the law of the Convention on Human Rights and Fundamental Freedoms. The model of the right to respect for private life is reflected in its shape, as the Court noted in the Van der Velden v. The Netherlands and S. and Marper v. The United Kingdom cases. It leads to the conclusion that the provision of Article 8 of the Convention provides the protection of genetic information, subject to certain restrictions that are “in accordance with law” and “necessary in a democratic society”. Such conclusion is in compliance with art. 12, art. 17 (b) art. 21 (c) of the International Declaration on Human Genetic Data, and art. 11 of the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine

    Administrative Decisions in the Era of Artificial Intelligence

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    The rapid development of cybernetics allows the use of artificial intelligence in many areas of social and economic life. The State can also harness algorithms and machine learning for its actions. Automatic decision making should be one of the stages in the development and improvement of public administration. While it is easy to implement these solutions in the case of related decisions, decisions made under administrative discretion, general clauses or valuation standards pose a challenge. The correct transformation of paper-based public administration into automatic public administration requires a change in decision makers’ thinking, the introduction of new solutions, and building trust in artificial intelligence. Therefore, new solutions have to be built in accordance with the principles of transparency, accountability, equality, goodness and justice. Artificial intelligence making automatic decisions on behalf of the State must be a tool to support the execution of public tasks concerning citizens which is based on trust towards AI and public administration

    The Basis for the Implication of Powers of International Organizations

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    The aim of this article is to present the basis of the implication of powers of international organizations. This topic is not only of great interest and import from the point of view of the theory of international organizaizations, but also from that of the practice of international organizations, particularly important institutions of international cooperation. The author discusses the nature of the basis for such implication before then examining the implication of powers within the context of international organizations’ expressly granted powers

    Possibilities and Prospects for the Development of Criminalistics

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    The aim of this paper is to present the possibilities and prospects for the development of modern criminalistics. Discussion of this matter is of importance due to the observa-tion that criminalistics has, of late, lost its original form. The new techniques, including forensic analysis and biometrics, for example, are applied in traditional criminalistics. Fields of knowledge such as forensic archeology and forensic entomology play a signifi-cant role in solving common crimes and are also gradually forming part of criminalistics. There are still no effective tools, however, to combat economic crime. This paper presents the research capabilities that academic research institutes have in this field and possible ways to equip the authority conducting the proceedings with algorithms for identify-ing and combating economic crime. The paper is divided into three parts. The first part demonstrates the shortcomings of criminalistics in terms of the fight against economic crime. The second part presents the author’s achievements, such as establishing the types of economic opinions and presenting typical traces of economic crime. The third part presents the possibilities for further development of criminalistics

    Closing Speech - Between Theory and Practice

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    The development of rhetoric in criminal procedure is reflected in every court trial. The right of the parties to present their final speech before the court (Article 406 of the Pol-ish Code of Criminal Procedure) is important for achieving the required verdict. This paper tries to answer the question about the actual extent to which the said regulation is used by the parties to achieve their objectives. The deliberations are based on an analysis of the results of research conducted by the author

    Mining the EU Global Strategy of 2016

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    This study proposes to apply an automated lexical analysis to the European Security Strategy of 2003, entitled “A Secure Europe in a Better World”, and the European Union Global Strategy of 2016, entitled “Shared Vision, Common Acton: A Stronger Europe”. The findings are not limited to supporting the predominant interpretations of scholars and experts, but aim at exploring the usefulness of text mining techniques in the interpretation of EU documents. Furthermore, the conclusions drawn from the lexical analysis are discussed in the light of complex systems theory, which may be beneficial for the proper understanding of the concept of resilience (mainly its multidimensional nature) and its subsequent operationalization. The last part of the paper includes an in-depth analysis of the EU rhetoric on the UN fora (period: 2014–2019) regarding the concept of resilience, in particular its linkages with human rights

    Economic Origins of the Partitions

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    The paper is an English translation of Gospodarcze podłoże rozbiorów Polski by Jan Rutkowski, published originally in Polish in “Ruch Prawniczy, Ekonomiczny i Socjologiczny” in 1930. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań

    The Coming Together of Astronomy and Economics

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    The paper is an English translation of Skojarzenie się astronomii z ekonomią by Roch Knapowski published originally in Polish in Opuscula Casimiro Tymieniecki septuagenario dedicata in 1964. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Ad-ministration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań

    The Significance of Effective Labour Inspectoratesfor Cross-border Labour Mobility

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    Efficiently functioning labour inspectorates play a key role for both fair mobility and the protection of workers’ rights. They contribute, for example, to combating and eliminat-ing hazardous working conditions, and ensuring that remuneration and social insurance premiums are actually paid. This is significant in the context of the posting of workers in the framework of the provision of services. Establishing the liability regarding compli-ance with the occupational health and safety regulations is causing serious practical dif-ficulties. Therefore, it is important above all to identify initiatives undertaken at the EU level designed to enhance cooperation of national labour inspectors in this field. It is also important to carry out an assessment whether they work efficiently, require systematis-ing, or perhaps it is necessary to undertake more formalised initiatives, e.g. in the form of a new EU institution

    Preliminaries to the Study of Morality and Law

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    The paper is an English translation of Rozważania wstępne do nauki o moralności i prawie by Czesław Znamierowski published originally in Polish by PWN Publishing House in 1966. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań

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    Adam Mickiewicz University Law Review is based in Poland
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