Review of European and Comparative Law

The European Parliament and the Reign of Activists and Experts

2025-09-30T08:14:10+02:00

The article demonstrates the influence of activist non-governmental organizations (NGOs) at the European Parliament (EP) through the case of a suppressed study on universal criminal jurisdiction. It recounts how a report commissioned, approved, and published by the EP was withdrawn after pressure from an NGO with ties to EU grantmaking and policymaking circles. Through an institutional and political analysis, the study reveals how expert discourse, funding mechanisms, and ideological alliances promote international criminal justice. The article challenges the assumed neutrality of academic expertise in supranational institutions and raises broader concerns about transparency and symbolic use of law.

The (Un)Likely Emergence of a “Right to Die” under the European Convention on Human Rights

2025-09-30T08:14:04+02:00

This article discusses the question of whether the right to die is likely to emerge under the European Convention on Human Rights. In recent decades, several member states of the Council of Europe have changed their legal frameworks by decriminalizing the offences of physician-assisted suicide and euthanasia. This development is particularly significant for individuals with terminal illnesses who, in these jurisdictions, are granted the possibility to choose when and how to die with dignity. For this reason, this article focuses on the implications of these trends for the European Convention. Following an analysis of provisions of the Convention and its case law, this article concludes that a right to die cannot emerge under Articles 2 and 8 of the Convention.

The Ombudsman’s Role in Protecting the Rights of Refugees and Irregular Migrants – Poland’s Experience in Comparison to Sweden and Greece Law and Practice

2025-09-30T08:14:07+02:00

The article analyzes actions taken by the Polish, Swedish and Greek Ombudsmen to protect fundamental rights of persons seeking international protection and irregular migrants, which is of particular importance in the context of the ongoing migration crisis and the war in Ukraine. Research theses presented here state that the Ombudsman is an institution that fills the lacunae in legal protection exercised by courts and administrative bodies of the Member States and that the existing procedural standards of protection of migrants’ rights are not effective in practice and require strengthening. The article proposes a 4-pillar model of the Ombudsman’s conduct, which involves dealing with individual complaints (1st), systemic actions to combat maladministration (2nd), activities for the “domestication” of international law (3rd), as well as advocacy and soft competences supporting the civil society (4th). The methodology used includes investigation of the law in force, legal comparison and, to some extent, the statistical method and the analysis of non-legal sources.

Customs Administrations in the EU Countries and Ukraine: Comparative Legal and Functional Analysis

2025-09-30T08:14:06+02:00

This article examines the contrasting legal status and functional roles of customs officers in the European Union and Ukraine. It highlights how the absence of law enforcement powers and procedural independence in the Ukrainian system limits the effectiveness of its customs personnel. Drawing on judicial practice and comparative models from EU member states, the study proposes concrete institutional reforms, including empowering specialized customs units with enforcement authority. These steps, it argues, are critical for aligning Ukraine’s customs administration with EU standards and strengthening its capacity to address illicit trade. In several EU member states, such as Poland and Hungary, customs authorities have an enforcement mandate, and their employees are granted a special status, which includes carrying weapons, having official titles, the right to independently investigate customs crimes, and procedural autonomy. In contrast, in Ukraine, customs officers are civil servants without law enforcement status, which limits their effectiveness in combating smuggling and customs violations. Although Ukrainian customs officials hold special ranks, this becomes an additional obstacle when it comes to pension allocation, as the Ukrainian Pension Fund does not recognize customs officers as public servants, arguing that there is no rank assigned to their public service position. The methodological framework of the study is based on comparative, formal-legal, and systemic methods. Based on the analysis of legislation, public institutions, and judicial practices, the author concludes that Ukrainian customs authorities possess low procedural autonomy and face a high level of legal uncertainty, particularly in the area of service under contract. Examples of judicial decisions provided confirm the common practice of dismissing customs officers without proper legal justification. In conclusion, the study suggests revisiting the regulatory approaches to the status of customs officers in Ukraine, taking into account European experience, particularly regarding granting law enforcement powers to specific customs units. Such a shift would strengthen the institutional capacity of the customs service and lay the groundwork for a more resilient and responsive system of financial and border security, better suited to the challenges of European integration.

Ensuring a Fair Development? The Role of Cohesion Policy and Just Transition Mechanism in the EU Green Initiative

2025-07-18T09:23:31+02:00

The dual imperatives of environmental sustainability and equitable development occupy a central position in the EU’s strategic vision, yet their concurrent pursuit engenders inherent tensions. The EU has noted that some regions and people are more vulnerable in the process of realizing green ambitions and that the Just Transition Mechanism (JTM) and Cohesion Policy (CP) are two of the most crucial concepts and tools for the EU to mitigate this friction in order to mediate between socio-economic equity and the realization of green ambitions. This article examines how the EU’s CP and JTM reconcile environmental climate goals with social fairness, especially the potential challenges and interactions in this process. Combining legal analysis of EU treaties and funding regulations with policy evaluations of subsidy implementation, it identifies a divergence in primary objectives between the CP’s regional balanced development goals and the JTM’s mandate to mitigate the social impact of urgent decarbonization. The study argues that achieving a fair green transition requires a wider interpretation of “Just Transition” under EU climate law. It proposes harmonizing the CP and JTM, and sets the functionalism as the core to determine the integrative relationship between the CP and JTM. Furthermore, enforceable and convenient procedural rights for affected populations is a feasible way to improve the supporting effect of related structural funds. By addressing normative gaps in participatory equity, this analysis advances institutional pathways to align environmental urgency with just development in supranational policymaking and implementation.

Judicial Responses to AI-Generated Works: A Comparative Case Law Analysis on Copyright

2025-09-30T08:14:05+02:00

As artificial intelligence (AI) increasingly contributes to the creation of original content, legal systems are under pressure to determine whether and how such outputs can be protected by copyright. While much of the academic debate focuses on future legislative reforms, courts and existing legal frameworks are already being tested by real disputes. This paper examines how different jurisdictions, namely, the United States, the United Kingdom, the European Union, Australia, and China, approach the copyright protection of AI-generated works, both at the level of underlying legal doctrine and through judicial interpretation. The first part of the paper outlines the key principles of copyright law in each system, including definitions of authorship, standards of originality, and relevant exceptions or limitations that may apply to AI training and output. The second part shifts to case law, examining how courts have applied or challenged these principles when addressing AI-generated work. In doing so, the paper focuses on three core legal issues: whether AI-generated works can meet originality thresholds, how authorship and ownership are assigned, and how the expression–idea dichotomy is interpreted in this context. It is within this judicial context that the present study situates its analysis, using case law as the primary lens to examine how legal systems are grappling with the growing presence of AI in creative processes. By comparing these legal systems and judicial approaches, the paper demonstrates that while human authorship remains a consistent requirement, some courts have begun to accommodate more nuanced forms of human–machine collaboration. Ultimately, the study argues that in the absence of clear legislative reform, courts are actively shaping the emerging boundaries of copyright in the age of generative AI. In addition, this paper contributes to the growing literature on AI and copyright by providing a doctrinal analysis grounded in case law, revealing not only how courts are applying traditional concepts to new technologies, but also where doctrinal tensions are beginning to emerge.

The Quiet Quitting Phenomenon in Digital Workplaces: A Legal-Theoretical and Comparative Analysis

2025-08-12T15:27:12+02:00

Quiet quitting has recently emerged as a widely discussed phenomenon in organizational science, primarily due to its implications for business operations and employee productivity. However, its impact on labor law should not be overlooked. This paper employs legal-theoretical and comparative methods to explore the key aspects of conceptualizing quiet quitting within both individual and collective labor law frameworks. It also examines how company law addresses the unique status of managers and directors as employees. The analysis is limited to a general legal assessment of the Quiet Quitting phenomenon, acknowledging its conceptual ambiguity and its intersection with organizational management, labor law, and company law.

“In Search of Lost Time”: Key Trends in Regulating Rights to Limited Working Hours, Rest, and Leisure

2025-09-30T08:14:02+02:00

The recognition of rights to limited working hours, rest, and leisure was preceded by a long struggle by workers to shorten their working time. International organizations also contributed to this process, notably by establishing standards designed to protect health, safety, and dignity at work. This article defines the concepts of working time, rest, and leisure, explores the evolution of the recognition of these rights, and critically examines the conditions and obstacles to their effective exercise in the contemporary world of work. This issue is particularly pressing as many workers today do not enjoy these rights, ranging from individuals in the informal sector to those who accept unlawful overtime work because they cannot afford the “luxury” of losing their jobs, while employers further intensify pressure through low wages. Furthermore, the extension of working hours is frequently rationalized as a means to protect the freedom of contract and workers’ purchasing power, and meet the demands of the so-called 24-hour economy. Concurrently, there is a growing trend toward reducing working hours, which will be explored through examples of statutory reductions in full-time working hours and experimental transitions to a four-day working week, along with theoretical reflections on the potential for contemporary societies and individuals to reduce their dependence on productive labor.

Tax Commitments in the Compromiso de Sevilla – Critical Issues in Financing for Development

2025-09-30T08:13:56+02:00

Crucial financial topics have been debated during the latest International Conference on Financing for Development. After taking stock of different stakeholders’ input, their contributions within the tax field are systematized, and the outcome document is critically assessed. The renewed framework for Domestic Resource Mobilization (DRM) comprises stronger tax policies and administrations, tax reforms based on smart use of context-specific data, and the improvement of specific categories of taxes. It addresses progressivity, solidarity and international tax cooperation, taking into consideration human rights. African countries have relied on their own efforts to strengthen DRM capacity but call for support in the fight against illicit financial flows. They are simultaneously working collectively to shape the UN Framework Convention on International Tax Cooperation and its protocols. In any reconfiguration of the domestic or international financial architecture, the oversight by audit institutions should be reinforced. Despite wishes to quickly put into practice several commitments with The Sevilla Platform for Action, the Compromiso de Sevilla may fall short regarding taxation.

Towards a European Union Federal Tax System: Legal and Fiscal Perspective. An International Comparison

2025-09-30T08:14:00+02:00

This paper offers a comprehensive and rigorous analysis of the feasibility of establishing a European federal treasury from a legal, institutional and comparative perspective. Based on a study of established federal tax systems, such as those in the United States of America, Germany and Switzerland, it identifies the structural elements necessary for the EU to develop its own tax structure: direct taxing power, a significant budget, borrowing capacity and effective mechanisms for redistribution and stabilization. The analysis is complemented by an examination of the EU’s legal framework, the limitations imposed by the Treaties and the case law of the German Federal Constitutional Court. Finally, recent proposals for tax reform aimed at introducing new own resources and institutionalizing the issuance of common debt are evaluated. The central thesis argues that a European federal treasury is not only desirable but essential to safeguard the EU’s strategic sovereignty, internal cohesion and capacity to act at the global level.

Legal Protection of Ichthyofauna in Natura 2000 Sites in Poland: A Case Study of an Ecological Disaster in the Oder River

2025-09-30T08:14:11+02:00

In EU legislation, the protection of ichthyofauna as an element of diversity takes place in the Habitats Directive 92/43/EEC. The purpose of the article is to present the legal status and legal instruments for the protection of ichthyofauna in Natura 2000 sites in the EU and Poland. The considerations were undertaken in the context of the ecological disaster in the Oder River. Analyzing the legal status of ichthyofauna protection, strengths and weaknesses were identified. The former include the establishment of a network of Natura 2000 sites, categories of priority species, strict, active and in situ species protection, prohibitions on fishing, trade and habitat destruction, and a program for the restoration and protection of fish stocks. However, a problematic issue has been the lack of procedures for dealing with threats to ichthyofauna, as exemplified by the ecological disaster in the Oder River. Although a law has been passed to revitalize the Oder River, it focuses on investments to regulate the riverbed and not on restoring the state of ichthyofauna and natural habitats.

Banking Secrecy in Comparative Perspective: Remarks on the Background of French and Czech Law

2025-09-30T08:14:09+02:00

Banking secrecy is an institution that is well known in many European legal systems, as its regulation is an important element of the creation of a legal framework for the protection of individual data of national citizens. The method of regulating the described secrecy is always referring to some type of compromise between the public and the private interest of the economic actors in the given national system. The purpose of this article, in which the authors use the dogmatic, historicaldescriptive method and, above all, the comparative method, will be to compare the way and scope of introducing the definition of banking secrecy in French and Czech law. The comparative analysis will allow for the drawing of a number of conclusions in the discussed scope, including the response to the question if despite European Union regulations, we can observe some important differences in that field at the national level. Another issue is related to the technological neutrality of the language that is being used, as an element that could give the response about the compatibility of national regulations to current technological evolution. The different ways of regulating banking secrecy in France and in the Czech Republic, presented in this paper, can be an interesting element of a broader discussion of the changes that may be needed in other national systems of EU member states.

Prawo kosmiczne międzynarodowe, europejskie i krajowe, eds. K. Myszona-Kostrzewa, Z. Kulińska-Kępa , Warsaw: Wydawnictwo C.H. Beck 2025, pp. 390

2025-07-28T18:34:29+02:00