Review of European and Comparative Law
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The Review of European and Comparative Law (od 1988 do 2018 r. jako The Review of Comparative Law; ISSN 0860-8156) ukazuje się jako czasopismo publikujące w języku angielskim artykuły autorów polskich i zagranicznych.
Review służy jako forum wymiany poglądów w szerszym, międzynarodowym kontekście. Dzięki niemu istnieje również możliwość prezentowania polskiego jurydycznego dorobku naukowego za granicą. Zgodnie z nazwą periodyku, zamysłem redaktorów jest chęć prezentowania instytucji prawnych w perspektywie europejskiej i komparatystycznej.
(English) Review of European and Comparative Law (from 1988 to 2018 as The Review of Comparative Law; ISSN 0860-8156) is a journal publishing articles by Polish and foreign authors, in English. The main purposes of Review of European and Comparative Law:
- to create a forum for exchanging views in a broader international context;
- to present Polish juridical scientific achievements abroad;
- to present legal institutions in a European and comparative perspective.
EDITORIAL TEAM:
Editor in chief:
Andrzej HERBET (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
Members of the editorial board:
Marcin BURZEC (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
Małgorzata GANCZAR (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
Luigi Mariano GUZZO (Università "Magna Graecia" di Catanzaro, Italy)
Milena KLOCZKOWSKA (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
Katarzyna MIASKOWSKA-DASZKIEWICZ (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
Soraya RODRIGUEZ LOSADA (University of Vigo, Spain)
Robert TABASZEWSKI (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
Jacek TRZEWIK (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
SCIENTIFIC COUNCIL:
Prof. Gabriel Bocksang Hola (Pontificia Universidad Católica de Chile, Republic of Chile)
Prof. Paolo Carozza (Notre Dame Law School, USA)
Ks. Prof. dr hab. Antoni Dębiński (The John Paul II Catholic University of Lublin, Poland)
Prof. Xiangshun Ding (Renmin Law School, University of China, China)
Prof. Dr. Tamás M. Horváth (University of Debrecen, Hungary)
Prof. Miomira Kostić (University of Niš, Republic of Serbia)
Prof. Alfonso Martínez-Echevarría y García de Dueñas (University CEU San Pablo, Spain)
Prof. Carmen Parra Rodriguez (University Abat Oliba CEU, Spain)
Prof. Christoph U. Schmid (University of Bremen, Germany)
Prof. Gianluca Selicato (University of Bari Aldo Moro, Italy)
Prof. dr. Stanka Setnikar-Cankar (Dean of the Faculty of Administration, University of Ljubljana, Slovenia)
Prof. Dr. Dr. h.c. mult. Reinhard Zimmermann (Max-Planck-Institut für ausländisches und internationales Privatrecht Hamburg, Germany)
e-ISSN: 2545-384X
DOI: 10.31743/recl
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Contact:
Review of European and Comparative Law
The John Paul II Catholic University of Lublin
Al. Racławickie 14, 20-950 Lublin, Poland
Konwikt, pok. 114
Główna osoba do kontaktu:
Agata Tkaczyk - review@kul.pl
tel. 81 454 53 40
Review of European and Comparative Law
The John Paul II Catholic University of Lublin
Al. Racławickie 14, 20-950 Lublin, Poland
Konwikt, pok. 114
Główna osoba do kontaktu:
Agata Tkaczyk - review@kul.pl
tel. 81 454 53 40
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- ItemA Bottom-up Look at Mutual Trust and the Legal Practice of the Aranyosi Test(Wydawnictwo KUL, 2023) Peristeridou, ChristinaThis contribution offers an insight into the legal practice of the Aranyosi test during the EAW proceedings in seven Member States, an outcome of the research conducted during the ImprovEAW Project. Only the executing judicial authorities of some Member States do trigger the test. Member States are roughly differentiated between those having facilities with usually bad or usually good detention conditions, promoting antagonistic relationships instead of equal partnership. The lack of streamlining of the communication when supplementary information is requested, the lack of common standards and approach towards guarantees lead to further misunderstandings and frustration. The findings of this research have revealed the importance of departing from a pure legal understanding of mutual trust and follow a more empirical, experiential or bottom-up concept. Mutual trust is not only a legal concept, but it underpins the legal culture of the cooperation and collegial attitudes of authorities towards one another. This expression of mutual trust remains quite undiscovered: how is miscommunication affecting mutual trust? Do judicial authorities of legal systems express collegiality to one another? How do cultural aspects and preconceived ideas regarding the quality of other legal systems influence mutual trust? Accordingly, some suggestions have been made to improve the cooperation and the establishment of rapport when supplementary information is requested. Finally, I advocate for a more neutral view towards the Aranyosi test. As opposed to considering it as a supervisory mechanism, I have explored the idea of approaching it as a risk management tool: it tackles risks created by mutual trust. Such approach helps both sides to take responsibility to avert ad hoc risks, instead of experiencing Aranyosi as a testing moment. Such approach centres the real problem, i.e. the risks created by mutual trust for individuals and it can stimulate more proactive policy-making in this regard.
- ItemA Double-Edged-Sword Approach to Fighting Pandemics: Patent Waivers and Incentives to Innovate(Wydawnictwo KUL, 2023) Kostka, Katarzyna; Kovač, MitjaAlthough continents recently experienced an apocalyptic pandemic that posed a mortal danger to millions of people, a new, even deadlier pandemic could soon emerge… The paper seeks to address the role played by patent waivers and current contractual arrangements in the pharmaceutical industry in addressing the dangers caused by the current and future pandemics. The process of waiving patents is explored where it is argued that it sadly cannot amount to the knight in shining armour that everyone has been expecting. Due to the lack of coordination, the tremendously long process, and the potential block in innovation arising from pharmaceutical companies having smaller incentives, more attention must be paid to other alternative institutional solutions. Drawing from the economics literature on innovation in the pharmaceutical sector, a conceptual framework is proposed for improved legal intervention in the case of patent waivers in international intellectual property law instruments. In addition, the paper provides a comparative law and economics treatment of current patent waivers in US, EU, and international law instruments.
- ItemAchmea, Kramer and Disconnection Clauses. EU Legal Regionalism in Action(Wydawnictwo KUL, 2024) Láncos, Petra LeaOver the past decades, the European Union has been gradually developing and maintaining legal regionalism within its jurisdiction. Its purpose is to preserve the achievements of integration, as well as the unity and autonomy of EU law. In this paper, I recount the toolbox of EU legal regionalism from primary law, through the case law of the Court of Justice of the European Union, to the institution of the so-called disconnection clauses employed by the EU in certain international treaties, expanding also on their possible effects on international law and the Member States’ relations with third parties.
- ItemActual challenges for the implementation of judgments of the European Court of Human Rights(KUL Publishing House, 2022) Jaskiernia, JerzyThe author analyzes the problem of the implementation of judgments of the European Court of Human Rights (ECtHR). In light of the European Convention on Human Rights (ECHR), a special role in its control mechanism is played by the Committee of Ministers of the Council of Europe. Despite the measures taken, there have been delays in the execution of judgments or the lack of their implementation for years. The author analyzed this problem in light of the latest reports of the Committee of Ministers and the recommendations of the Parliamentary Assembly. He pointed to the need for greater activity in this process of other bodies of the Council of Europe, including: the Commissioner for Human Rights, the Venice Commission, the CPT, the ECRI as well as institutions of the civil society. In the last decade, the interest of the Parliamentary Assembly of the Council of Europe in this matter has clearly increased. The author postulates that parliamentarians sitting in this body should be more active in this regard in their countries. They have instruments of control on the executive power, which could be used to increase the effectiveness of the execution of the ECtHR’s judgments.
- ItemAdministration of the Estate under Regulation (EU) No. 650/2012(Wydawnictwo KUL, 2021) Górecki, JacekIn the period between the deceased person’s death and division of assets in the deceased person’s estate among the heirs, an essential matter is administration of the estate. Persons exercising such administration should have adequate competences allowing them to perform factual and legal acts in relation to assets in the succession estate. The range of such persons and the scope of their competences differ in specific Member States of the EU. The law applicable to the administration of the estate, as well as other matters relating to succession, is currently designated by the Regulation (EU) No. 650/2012. This article is devoted to an analysis of the provisions of that Regulation on the administration of the estate. In addition, the article discusses the issue of qualifying the institution of succession administration as applicable in Poland with regard to an enterprise belonging to the succession estate. As a result of the investigations made, it can be concluded that administration of the estate is governed by the law applicable to the entirety of succession matters (lex successionis). This is the case also in respect of the succession administration recently introduced in Poland. Grounds for a different treatment of the succession administration cannot be found in Art. 30 of Regulation (EU) No. 650/2012.
- ItemAdmissibility of Evidence Obtained as a Result of Issuing an European Investigation Order in a Polish Criminal Trial(Wydawnictwo KUL, 2021) Kuczyńska, HannaThis article analyses the admissibility of evidence gathered by the Polish procedural authorities as a result of issuing an European Investigation Order, on the basis of provisions implemented due to the adoption on the 3rd of April 2014 of the Directive of the European Parliament and of the Council regarding the European Investigation Order in criminal matters. This Directive created a mechanism that allows for transfer of evidence between EU Member States. In this text, the question will be answered how to deal with results of investigative measures that have been legally obtained in the executing state but, despite acting in accordance with the legality principle by both states, happen to be illegal in the issuing Member State. Another discussed problem is how the rules of admissibility of evidence obtained from the result of issuing an EIO work in Poland – or at least how they should operate. The second discussed issue thus will refer to the current provisions in force in Poland regulating the method of dealing with evidence obtained abroad – that is also with evidence transferred from other Member States. It will be shown that they are unclear and may lead to undesirable results. In addition, suggested changes in Polish law will be proposed.
- ItemADR in Sport on the Example of Association Football in Poland and Ukraine(Wydawnictwo KUL, 2023) Sławicki, Piotr; Kryzhanivskyi, ViktorThe subject of this article is the use of ADR in sports disputes in association football under the Polish and Ukrainian law. Professional and amateur sport generates various types of disputes related to both disciplinary and civil cases, an example of which may be disputes arising during the execution of contracts binding players and football clubs. In the first part, the scope of disputes that are subject to ADR in association football is outlined. The next part presents legal solutions adopted under the Polish law in this respect, of which the activity of the Football Arbitration Court of the Polish Football Association is a particular example. The last chapter is devoted to the Ukrainian perspective on the resolution of disputes in association football.
- ItemThe Alignment of Taxation and Sustainability : might the Digital Controls of Non-Financial Information Become a Universal Panacea?(KUL Publishing House, 2022) Grau Ruiz, Maria AmparoThere are certain trends that are already affecting –or will soon inevitably affect, the evolution of the tax law everywhere.These are the digitalization processes started by many tax administrations and the current challenges experienced by accounting and auditing institutions to provide reliable non-financial information. Both may offer new opportunities for fairer taxation in the search for sustainable development. In the middle of digital and green transformations, would it be possible to better adjust the tax treatment deserved by the taxpayers in accordance with their real impacts on sustainability? Regional and global organizations are devoting efforts to ensuring some degree of homogeneity in the measures to adopt. The purpose of the following pages is to open the discussions for in-depth research in the future. The dogmatic-legal and analytical methods have been used to supplement the comparative one in carrying out the review of the current state of the art and proposed changes.
- ItemArtificial intelligence systems and the right to good administration(KUL Publishing House, 2022) Wróbel, Izabela MałgorzataThe use of AI in public administration is becoming a reality, although it is still a long way from large-scale undertakings. The right to good administration, well-established in EU legal order, is equally real, however, it must be borne in mind that this right has so far been defined only in relation to traditional administration. Therefore, the purpose of the paper is to examine whether the use of AI in public administration would allow individuals to fully exercise their right to good administration. To achieve this purpose, it is reconstructed, on the basis of EU law provisions in force and the case-law of the CJEU, the meaning and scope of the right to good administration, and analysed, taking into account a definition of AI systems and planned legislative changes, whether and to what extent the reconstructed understanding of this right enables the use of AI systems in public administration. In the course of research, the hypothesis that the right to good administration does not preclude the use of AI systems in public administration is verified. As the conducted analysis shows, the right to good administration as interpreted in traditional administration enables the use of AI systems in public administration, provided that the appropriate quality of these systems and the level of knowledge and skills of the parties and authorities are ensured.
- ItemBeneficial Ownership – Demand for Transparency, Threat to Privacy(Wydawnictwo KUL, 2023) Cindori, SonjaThe basic idea behind establishing the register of beneficial owners is to increase the transparency and accessibility of data on beneficial ownership of companies and other legal entities with the aim of ensuring the public availability of data on domestic and foreign natural and legal persons. However, the possibility of the data being accessible to the general public instead of to persons or organizations that can demonstrate a legitimate interest raised the issue of violating the principles of respect for private or family life and the protection of personal data. Consequently, this raises the question of drawing the line between contributing to the common good and fighting against money laundering and terrorist financing, on the one hand, and protecting personal data, with the possibility of their misuse, on the other. A balance as well as a response to the possibility of setting soft limits of legitimate interest that would result in the achievement of all set goals was sought in the practice of the European Court of Justice. One of the legislative solutions regarding the extent of access to data on beneficial owners for the entire public, along with the establishment of different types of registers in order to prevent money laundering and terrorist financing, is described using the example of Croatia.
- ItemBetween Enabling Law and Protecting Law – Some Remarks on the Method of Regulating the Law of Groups of Companies in Polish Commercial Companies Code(Wydawnictwo KUL, 2023) Herbet, AndrzejAlthough the groups of companies have been an indispensable part of the modern economy for several decades, they still continue to attract unwavering attention of both practice and doctrine of corporate law. The numerous legal challenges posed by the functioning of multi-level structures, based on diverse types of dominance and dependance relations adopt different regulatory strategies manifest a universal appeal. Yet, the national legislators adopt different regulatory strategies, aimed at securing the interests of various stakeholders, including minority shareholders, dependent companies and their creditors. As a result, the contemporary discourse entails two concepts – one emphasizing the risks and responsibilities associated with it (protecting law) and the other one, supporting the creation of groups, as well as instruments for their effective management (enabling law). The aim of the article is to verify the extent to which these concepts are addressed by the most recent Polish group law regulations, viewed in a comparative context outlined by selected European jurisdictions.
- ItemBiomedical Research on Vulnerable Subjects in Bosnia and Herzegovina(Wydawnictwo KUL, 2024) Milinkovic, IgorMedical research involving human subjects can enhance the well-being of individual patients and provide enormous social benefits. It enables the acquisition of new scientific knowledge and the development of novel therapeutic and diagnostic procedures but also raises significant ethical and legal issues. This kind of medical research is controversial and implies a clash of values that are not always easy to balance. Particularly contentious is research on subjects who are incapable of giving consent or are in a position of subordination and more susceptible to manipulation and mistreatment. Such subjects are considered vulnerable and under special protection. The paper deals with the legal framework of medical research on vulnerable subjects in Bosnia and Herzegovina (its entities: the Republic of Srpska and the Federation of Bosnia and Herzegovina). In the first part of the paper, the notion and basic forms of medical research will be explored, as well as the concept of vulnerability. Reference will be made to relevant international documents defining the standards of medical research on vulnerable subjects. The paper will also provide a comparative overview of provisions governing vulnerable subjects research adopted in different national legislations. In the second part of the paper, the legal framework of medical research on vulnerable subjects in Bosnia and Herzegovina will be analyzed, and suggestions for possible changes will be made.
- ItemThe British Nationality and Borders Bill and the international protection of refugees in the light of the concept of community interest in international law(KUL Publishing House, 2022) Kuźniar, DagmaraThe crisis that Europe faced in 2015 has never been resolved, and countries have adopted different strategies to deal with the influx of migrants. Some of them raise serious legal doubts for good reason. One of the new national solutions currently in the process of passing is the new migration plan announced by the United Kingdom in the Nationality and Borders Bill last year. The aim of the reform is to improve the British asylum system and to fight effectively illegal immigration and people smuggling. The aim of the article is to present the most important assumptions of the British reform in the field of granting refugee status. The analysis would allow to assess the compliance of the designed solutions with international obligations, the fulfilment of which should form the basis of the asylum policy of each State being a party to the 1951 Convention relating to the Status of Refugees. The main aim of the article, however, is to draw attention to the fact that the international protection of refugees should be equated with community interests and referring to the individual interest of the State is an erroneous and dangerous assumption.
- ItemCausal Effect Relationship in Medical Cases. An Old Problem in a New Scenario. Commentary to CJEU Judgment (Second Chamber) of 21 June 2017, N.W. & Others V. Sanofi Pasteur MSD & Others, Case C-621/15, EU:C:2017:484. Approbative Gloss(Wydawnictwo KUL, 2021) Wnukiewicz-Kozłowska, Agata; Drozdowska, Urszula DorotaThis commentary evaluates the problem in assessing the role of a causal connection between damage and the use of a defective medical product, specifically a vaccine. The judgment of the Court of Justice of the European Union (CJEU) in the Sanofi Pasteur Case, which allowed the possibility of recognizing damage claims, even in cases where the prevailing scientific theory claims that there is no scientific evidence of a causal link between a vaccination and the disease, became a base for consideration. Consequently, procedural solutions (such as the standard of proof required, the admissibility of prima facie evidence reasoning and other solutions in cases of an uncertain causation) remain to be decided by national law. The authors assessed two legal systems: the French and Polish legal systems in the context of how to resolve these dilemmas and to describe the impact of the above-mentioned judgment on the case-law of French and Polish courts as regards the application of Directive 85/374/EEC. As a result, they concluded that the most important interpretative motive has become the individual interest of the vaccination’s victim as a consumer of medical services. It seems to be in accordance with Directive 85/374/EEC, which is motivated by the necessity of approximation of the laws of the Member States concerning the liability of the producer for damage caused by the defectiveness of his products. However, since the existing divergences may distort competition and affect the movement of goods within the common market and entail a differing degree of protection of the consumer against damage caused by a defective product to his health or property, in countries belonging to the European Union, the authors wonder how the commented judgment will affect the further development of consumers protection against defective vaccines.
- Item“Chilling Effect” in the Judicial Decisions of the Polish Constitutional Tribunal as an Example of a Legal Transplant(KUL Publishing House, 2022) Chybalski, PiotrThe paper is dedicated to describing the way of reception by the Polish Constitutional Tribunal of the “chilling effect”, i.e. an institution related to such activities of public authorities that form an indirect act of deterrence regarding the execution of constitutionally guaranteed rights and freedoms, esp. the freedom of expression. The discussed concept has originated in judicial decisions of the US Supreme Court and has spread into many contemporary legal systems, including jurisprudence of the European Court of Human Rights. Although it is evident that the Tribunal “took over” that concept from the ECHR, it in fact developed its own, unfortunately internally inconsistent, understanding of the chilling effect. Four different ways of application of chilling effect may be noticed in judicial decisions of the Polish CT, while only two of them reflect the perception of this institution by the US Supreme Court and the ECHR.
- ItemCollective Work as an Inspiration for Legal Qualification of Computer-Generated Works – Comparative Analysis of the Institution from Polish and French Copyright Law Perspective(Wydawnictwo KUL, 2021) Kowala, MichalinaThe paper focuses on the question whether the institution of collective work could be used as an inspiration in order to regulate the legal situation of computer-generated works. Technological progress makes the creation of art by artificial intelligence with only minimal human participation an increasingly popular phenomenon. For this reason, world literature more and more often discusses how to legally qualify algorithmic creativity. An interesting idea, proposed in January 2020 by French Superior Council of Literary and Artistic Property, is to regulate the issue alike the institution of a collective work. The study of the nature of computer-generated creativity on the example of the Endel musical start-up conducted in this paper will help to understand the complexity of the problem of algorithmic creativity. It will be also a valuable introduction to the analysis of the institution of collective work in Polish and French law. This comparative study will be important in the context of assessing the French proposals for the legal qualification of algorithmic creativity and examining to what extent the model of the collective work can be applied to computer-generated works in Polish copyright law.
- ItemCombining Legal and Economic Theory. An Interdisciplinary Approach to Dutch and Polish Family Provisions in Succession Law(Wydawnictwo KUL, 2021) Beuker, MarkAlthough testamentary freedom is an important principle in succession law, legislators and judges across the world have recognized the importance of certain family members by granting them mandatory claims in the inheritance of their deceased relative (in spite of wishes of the deceased). This article focuses on these rights. The goal is to introduce the Dutch framework of imperative succession law and to demonstrate the possibilities of combining the legal and economic discipline to deepen knowledge on these provisions. Whilst examples will focus upon succession law, the concepts will be described in a general manner. This might inspire researchers to apply a similar interdisciplinary approach in other fields of law. The imperative provisions that currently exist for family members in the Netherlands can be divided into two types of claims. The first is the legitime, a fixed claim for children of the deceased. The second type are the other statutory entitlements that cover a specified range of situations in which judges have freedom in deciding upon the requests of family members. However, this discretion raises many questions on the way judges should handle such claims. A combination of law and economics can aid in describing and interpreting the law, for example by defining the need for support that is often required for a successful claim. By relying on economic data and theory, judges can come to a more consistent and substantiated way of establishing the need for support. The interdisciplinary methodology can also improve comparative legal research. The functional approach, that is common in comparative legal research, assumes that law fulfills certain functions. Economic figures provide an objective basis that demonstrates what functions a law fulfills and to what extent this is done efficiently. This information can be used to compare the functioning of laws in different countries.
- ItemThe Control of the Constitutionality of European Union Law by Means of Constitutional Complaints(Wydawnictwo KUL, 2021) Grądzka, IlonaThe subject of this article is the institution of the constitutional complaint, which is analysed in connection with European integration. It should be noted that Poland’s membership of the European Union has had a great influence, not only on the system of national law, but also on the jurisprudence of the Polish Constitutional Tribunal; therefore considerations are carried out here mainly in relation to the Constitutional Tribunal. In examining the issue of the constitutional complaint, the following assumptions may be stated. First, the constitutional-complaint procedure, is in fact, the examination of the compliance of legal norms with the Constitution, any deviation being related to the entities initiating proceedings before the Constitutional Tribunal, Article 191(1)(6), of the Constitution, and to the material scope of the complaint, as determined in Article 79 of the Constitution. Second, there is no doubt that the constitutional complaint can become an important legal instrument shaping the jurisprudence of the Polish Constitutional Tribunal, which has to face constitutional issues related to European integration. Following the example of the practice of other Member States, e.g. Germany, the Tribunal may use the institution of the constitutional complaint as a means of controlling the compliance of the secondary law of the European Union with the Constitution of the Republic of Poland.
- ItemCopyright Protection for Works Created by AI Technology under the EU Law and Vietnamese Law(Wydawnictwo KUL, 2023) Le Thi, MinhThe legislation of the European Union increasingly focuses on expanding the scope of works protected by intellectual property rights, including literary works, music, films, and phonograms. The breakthrough in artificial intelligence (AI) has contributed significantly to creating works of art with little or no human intervention. The article examines the current situation of EU copyright law and Vietnamese law regarding AI-generated works. The article concludes that EU law governs copyright for these works based on the extent of human contribution to the creation of the work. Meanwhile, Vietnamese law still needs to resolve the issue of intellectual property rights for works created by AI.
- ItemCorruption and Human Rights in the Case Law of Inter-American Human Rights Treaty Bodies(KUL Publishing House, 2022) Lis, EdytaThe first attempts to combat corruption date back to ancient times and had mainly moral connotation. Despite being an old phenomena, nowadays it takes new shapes and becomes a more common feature of social life, especially in the Latin America region. Corruption is a complex, and multidimensional phenomenon that negatively impacts human rights on many levels. Therefore, serious effort have long been made at global, regional and state levels to combat corruption. The United Nations and regional organizations have adopted numerous non-binding and binding documents with a view to stifling this phenomenon, but none of them refer to the issue of impact of corruption on human rights. But it should be stressed that it is very hard to establish a link between corruption and human rights violations. Some efforts has been made by the Inter-American Court of Human Rights (IACHR) and the Inter-American Commission on Human Rights (IAComHR). This article considers whether and how the IACHR and the IAComHR establish the link between corruption and violation of human rights in the inter-American system. It also determines which groups of people are, according the IACHR and the IAComHR, particularly affected by corruption, what measures should be taken to protect those exposed to acts of corruption, what obligations are incumbent on States with a view to preventing, combating and eradicating corruption.