ReKUL Angular

The Repository collects scientific achievements of employees and doctoral students of the John Paul II Catholic University of Lublin. The purpose of the repository is dissemination of the scientific achievements of the John Paul II Catholic University of Lublin, promoting conducted scientific research and supporting didactic activities. The repository collects, stores and shares digital documents in the form of books, scientific articles, scientific journals, conference materials, didactic materials etc.

Communities in ReKUL

Now showing 1 - 15 of 15

Recent Submissions

The European Parliament and the Reign of Activists and Experts
(Wydawnictwo KUL, 2025) Reydams, Luc
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 It recounts how a report commissioned, approved, and published by the EP was withdrawn after pressure from an NGO with ties to EU grantmaking and policymaking circles.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
(Wydawnictwo KUL, 2025) Muresan, Camelia-Claudia
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
(Wydawnictwo KUL, 2025) Kosińska, Anna Magdalena
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
(Wydawnictwo KUL, 2025) Cherkunov, Oleksandr
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
(Wydawnictwo KUL, 2025) LI, Hang
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
(Wydawnictwo KUL, 2025) Ampovska, Marija
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
(Wydawnictwo KUL, 2025) Zlatanović, Sanja; Sovilj, Ranko; Maksimović, Marijana
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
(Wydawnictwo KUL, 2025) Kovacevic, Ljubinka
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.

Communities in ReKUL

Recent Submissions

Katolicki Uniwersytet Lubelski Jana Pawła II
Dział Repozytorium i Pozycjonowania Wydawnictw

Repozytorium Instytucjonalne KUL