Review of European and Comparative Law, 2024, Vol. 56, No. 1

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https://hdl.handle.net/20.500.12153/6398

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    Mater Sempre Certa Est – Should We Register Transsexual Woman-to-Man as a Father? Remarks on the ECHR Judgment O.H. and G.H. v. Germany
    (Wydawnictwo KUL, 2024) Pirošíková, Marica; Fialová, Jitka; Zdechovský, Tomáš
    The study is designed as an in-depth interdisciplinary report of the case O.H. and G.H. against Germany, which was analyzed by the European Court of Human Rights in Strasbourg (ECHR). The authors explain why the best interest of the child should prevail over the interests of a trans man, who gave birth to a child and requests to be registered as the father of the child. One of the reasons is mater semper certa est, a universally known principle of Roman law stating that “the mother is always certain” and no counterevidence can be made against this principle. In this regard, the best interest of the child and the child’s right to know his or her origin shall be observed. There are also several other life areas, that would be negatively impacted by breaking this principle.
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    Achmea, Kramer and Disconnection Clauses. EU Legal Regionalism in Action
    (Wydawnictwo KUL, 2024) Láncos, Petra Lea
    Over 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.
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    New Regulation on Membership and Investor Shares in Credit Unions. Comparative Interpretation of Polish Law on Credit Unions
    (Wydawnictwo KUL, 2024) Bierecki, Dominik
    This paper analyses the 2023 amendment to the Act on Credit Unions of 9 November 2009 using dogmatic and comparative methods. First, the author considers membership of partnerships in credit unions in the context of the requirement of a common bond for membership. Second, the author analyses the legal status of investor shares, conditions of dividend payment on their basis, as well as their termination. In conclusion, the author indicates that Polish regulation on membership of partnerships requires establishing multiple common bond credit unions and that restrictions for holders of investor shares in credit unions are similar in Poland and the UK.
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    Negative and Positive Freedom: The Case of Turkey
    (Wydawnictwo KUL, 2024) Özçelik, Tacettin Gökhan
    The meaning of the concept of freedom has constantly changed in history. In Ancient Greece, freedom referred to making a choice and doing something willingly; Hannah Arendt conceptualized it as a necessary discovery made by people in historical periods when the conditions for manifesting the idea of searching the same concept within oneself as an action were insufficient. Today, the concept of freedom has evolved into a dual meaning as negative and positive, shaped by the expressions of Isaiah Berlin. In this sense, the freedoms that we call classical freedoms, which the individual acquires because of being human, without considering the differences in religion, language, gender, and race, are evaluated in the context of negative freedoms. The basis of this understanding is the absence of pressure and coercion from the environment in which the individual lives rather than the creation of surplus value in the individual by external influence. However, with the deterioration of the freedom concept, the gains included in negative freedom have become a problem that the state needs to solve. The need for state intervention in creating a positive effect on the individual has emerged. The concept of positive freedom that emerged in this sense reveals itself in a structure that requires more than the intervention of others; it requires that individuals have control over their selves and that they have an active role in this dominance. Proponents of positive freedom argue that freedom means the individual dominates their own passions, desires, and all obstacles to self-realization. In order to achieve this, the state must firmly stand by the individual regarding collective freedoms. In this context, since the discussions on the concept of rights and freedoms in Turkey spread to negative and positive areas of freedom, this paper aims to show that presenting the concept with a single definition of freedom would be challenging. The re-reading has shown that the rights and freedoms in Turkey are derived from the concept of both positive and negative individual rights. However, it has been observed that the framers of the Constitution limited the fundamental rights and freedoms based on the idea that there should be a limit to the individual’s rights and covered it in the necessary sections in the Constitution to ensure that the fundamental rights and freedoms could not be abused.
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    EU Directive on Work-Life Balance for Parents and Carers in the Context of Human Resources Problems in the Polish Public Administration
    (Wydawnictwo KUL, 2024) Łukaszuk, Anna
    This article attempts to present and assess the adequacy of the solutions in the directive on work-life balance for parents and carers in the context of the problems and challenges faced by the Polish public administration in human resource management. The directive’s solutions are analyzed from the perspective of post-pandemic reality, demography, changes in the structure of society and equality, and growing numbers and activation of women in the labor market. An example of applying the WLB policy in the Polish civil service was also presented.