Review of European and Comparative Law, 2024, Vol. 59, No. 4

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https://hdl.handle.net/20.500.12153/8203

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    Marriage Invalidity – A Comparison of English and Hungarian Rules
    (Wydawnictwo KUL, 2024) Molnár, Sarolta
    Through a dogmatic comparative lens, the paper scrutinises the nuanced criteria for determining marriage invalidity through a comparative analysis of English and Hungarian legal frameworks. It explores the divergent historical trajectories and legal traditions that have shaped the conceptualisation of marriage in these two jurisdictions, noting the transition from ecclesiastical to secular regulation. It highlights the impact of recent legislative reforms, such as the ongoing revision of marriage law in England and Wales led by the Law Commission and the incorporation of family law into the Civil Code in Hungary. Furthermore, the analysis includes insights from the jurisprudence of the European Court of Human Rights, providing a common frame of reference for evaluating fundamental rights within both legal systems. By illuminating the complexities surrounding marriage invalidity, this study contributes to a deeper understanding of the intersection between legal tradition, social norms, and individual rights in the context of marital relationships. By illuminating the complexities surrounding marriage invalidity, this study contributes to a deeper understanding of the intersection between legal tradition, social norms, and individual rights in the context of marital relationships.
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    Letterbox Companies and the Corporate Mobility Regime in the EU After Directive 2019/2121
    (Wydawnictwo KUL, 2024) Mucha, Ariel
    This paper analyses the solutions aimed at fighting letterbox companies introduced alongside certain enabling rules on cross-border corporate restructuring transactions, namely conversions, mergers and divisions, into the Company Law Directive (2017/1132). The new law introduces an anti-abuse clause, which is embedded into the certification procedure of each cross-border restructuring. The results of the analysis suggest that the new anti-abuse tool lacks an accurate indication of what type of practices it is supposed to curb. Additionally, the law allows public authorities to view letterbox companies as systemic threats to the values of the single market without providing compelling reasons for such an assessment.
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    A Comparative Analysis of Data Protection in E-commerce B2C Contracts in Georgia and the European Union
    (Wydawnictwo KUL, 2024) Gugava, Nato; Kobaladze, Lika; Kenia, Tamta; Kobakhidze, Oliko
    Development of technologies is a great human achievement. Online portals, mobile applications and digital platforms allow citizens to receive servicies remotely, which, on the one hand, reduces necessity of on-site visits and bureauctratic procedures, however, on the other hand, increases the risk of personal data disclosure processed in such manner. Digital tools play significant role in the process of E-commerce, especially in improving efficiency and accessibility of communication between the consumer and the trader. A lot of people communicate with the extensive use of the internet and technologies, including e-procurement, which, in these relationships require the correct processing of personal data, whereas improper protection of great deal of information increases risks of using data for criminal purposes and threatens personal privacy of consumers. Hence, it is important that organizations providing the internet services, especially those involved in e-commerce business, be well aware of obligations they are imposed by law. It is worth noting, that Law of Georgia “On Personal Data Protection” was adopted by Georgia in 2011, and its renewed version is quite similar to General Data Protection Regulation of Europe (DGPR) – which was adopted on June 14, 2023 and will enter into force on March 1, 2024. Within changes, the existed standard for personal data processing/protection will be substantially improved. As for protecting personal data processed on the basis of the B2C contracts concluded in the process of E-commerce, the interest regarding these topics increased after spread of coronavirus (Covid-19), when country faced new challenges. This issue is relevant even in the present time, since staying current with technological and legal development, renewed legal regulation and Association Agreement between the European Union and Georgia, imposes additional obligations on the country in the process of perfecting the mentioned field. Accordingly, this article will discuss compliance of regulatory framework of processing/protection of Georgian consumers’ personal data in the online contracts with international standards and existing challenges, to assume obligations of the country under the Association Agreement between Georgia and the European Union to implement E-commerce in practice, best practices of European countries in this regard and the perspective, which Georgia should implement in E-commerce process, in order to insure effective protection of consumers’ data security. It is worth noting, that Law of Georgia “On Personal Data Protection” was adopted in 2011 by Georgia, and its renewed version is quite similar to General Data Protection Regulation of Europe (DGPR) – which was adopted on June 14th, 2023 and will enter into force on March 1, 2024. Within changes, the existed standard for personal data processing/protection will be substantially improved. As for protecting personal data processed on the basis of the B2C contracts concluded in the process of E-commerce, the interest regarding these topics increased after spread of Corona Virus (“Covid-19”), when country faced new challenges. This issue is relevant even in the present time, since staying current with technological and legal development, renewed legal regulation and Association Agreement between the European Union and Georgia, imposes additional obligations on the country in the process of perfecting the mentioned field. Accordingly, this article will discuss compliance of regulatory framework of processing/protection of Georgian consumers’ personal data in the online contracts with international standards and existing challenges, to assume obligations of the country under the Association Agreement between Georgia and the European Union to implement E-commerce in practice, best practices of European countries in this regard and the perspective, which Georgia should implement in E-commerce process, in order to insure effective protection of consumers’ data security.
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    General Characteristics of Service of Procedural Documents in Polish Civil Proceedings Compared to Selected European Countries
    (Wydawnictwo KUL, 2024) Kowalik, Emil
    The institution of service by a court enforcement officer has had a significant impact on the regularity of the service of court letters. The provisions introduced put an end to the so-called fiction of service on individuals, which meant that after two attempts at service, the court could assume that the document had been effectively served. It was recognized that this too often led to prejudice to the rights of defendants, in particular those who had not lived at the addresses indicated by the plaintiffs for a long time - often, due to the correct (fictitious) service of payment orders, they were obliged to pay the amounts resulting from final court decisions. Unfortunately, under the previous legislation, there were cases of claimants giving unverified or even false information. The legislator obligatorily introduced into the Polish legal order, in Article 1391 of the Code of Civil Procedure, the service of letters through a court bailiff in the event that a statement of claim or any other writ of summons that gives rise to the need to defend the rights of the defendant has not been effectively served on the defendant in accordance with 131–139 of the Code of Civil Procedure. Thus, the legislator, contrary to the principle of routine service, imposed the resulting obligations not on the procedural authority, but on the initiator of the proceedings in the case. This study aims to present the institution of the bailiff in Polish civil proceedings and discuss its advantages and disadvantages. It is particularly relevant in light of the changes introduced by the amendment of the CPC of 9 March 2023, effective from 1 July 2023, which are designed to improve this type of service.
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    Defining Documents in the EU Integration of Bosnia and Herzegovina: Where Is the “European Choice” Heading?
    (Wydawnictwo KUL, 2024) Preljevic, Hamza
    Over the past two decades, Bosnia and Herzegovina’s (BiH) European Union (EU) integration process has garnered significant scholarly attention in the context of Western Balkans studies. This article contributes to this discourse by employing a descriptive analysis approach to examine thirty-one key legal documents issued between 1992 and 2022 by the BiH Parliamentary Assembly, Council of Ministers, and Presidency. These documents serve as primary sources, offering crucial insights into BiH’s legal framework governing its EU integration efforts. Through rigorous textual analysis, this article evaluates the efficacy of these documents in facilitating the necessary reforms for EU accession. The findings reveal a significant discrepancy between the rhetoric of reform in governmental papers and the actual implementation of these reforms in BiH’s political landscape. This highlights systemic challenges within BiH’s governance that hinder effective reform implementation and EU accession progress. By critically analyzing these legal documents, this article provides a nuanced understanding of BiH’s EU integration trajectory, emphasizing the gap between policy formulation and implementation. It argues that mere rhetorical commitments in governmental documents are insufficient to drive meaningful reform in BiH and achieve EU membership.