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For any research field to develop and have a lasting impact, there must be a continuous debate about the theoretical foundations of the field, which could be defined as the historically situated and socially constructed conceptual understanding of the phenomena under investigation. In an area such as Maritime Education and Training (MET), which is concerned with professional learning, researchers need to be aware of their own and others’ (often implicit) theoretical assumptions pertaining not only to the conditions under which learning takes place or to what it means to learn but also to the very nature of learning/knowing (for example, Alexander et al. 2009; Illeris 2009; Lachman 1997; Sawyer 2014; Säljö 2009). |
Technological advancements in the equipment and laboratories used by anti-doping bodies means that minute levels of prohibited substances can be detected in an athlete's blood or urine. This had led to an increase in athletes testing positive for prohibited substances where the quantity of that substance in the athlete's sample is very low. This article will consider the role that decision limits and minimum reporting levels play with respect to prohibited substances identified in the World Anti-Doping Program. Recent CAS awards are analyzed to determine whether, and how, the issue of threshold requirements for prohibited substances should be further regulated. |
This article makes two claims regarding what is relevant in 2022 to the future of Regulation 1049/2001. The first is that an about-turn in the case law of the Court of Justice of the European Union (CJEU) has partly altered the formal scope of the EU policy concerning public access to documents (PAD) from document to information (PAI). This change in scope affects documents included in digital databases or other documents held in digital form but not the acquis regarding printed-on-paper documents. Second, we observe an uncomfortable stasis currently affecting both the EU judiciary and the Ombudsman. On the one hand, the judiciary remains imprisoned, without an alternative, within the bounds of insufficient remedial depth, i.e., concerning the action for annulment. Conversely, regar... |
Not all justice professions have had equal access to EU law training in the past. Whereas the offer of continuous training on EU law for judges, prosecutors and notaries is widespread and well-established, this is not the case for other justice professions, such as court and prosecution office staff and bailiffs (judicial officers). One of the main problems and challenges with providing training activities for these professions is the fact that each Member State has a different definition for court staff and different types of bailiffs. The professional status and backgrounds of bailiffs differ in terms of status (public/private officials) and competencies depending on the Member State. There is also a wide diversity of educational background, responsibilities and specific roles of ... |
This article deals with the notion of jurisdictional discourse, which, as a specific type of complex discourse, always poses a real challenge to translators. The authors present a contrastive analysis of the texts of legal decisions in French, German and Polish in order to demonstrate the difficulties in translation and the consequences which they entail, and to suggest a strategy for overcoming them. Firstly, the authors briefly compare the texts of judicial decisions indicating their characteristics both in terms of the macrostructure of the text and in terms of syntactic and lexical units. Secondly, they explain the origin of the difficulties in translation resulting from the qualitative differences of the legal systems. Thirdly, the different types of difficulties are described ... |
This article deals with a new development in the jurisprudence of Poland’s Constitutional Tribunal: the Tribunal’s finding that art. 6 of the European Convention on Human Rights is incompatible to some extent with the Polish Constitution. The Tribunal ruled thus for the first time in its judgment of 24 November 2021 in case ref. K 6/21 in a reaction to the European Court of Human Rights judgment in the case of Xero Flor v. Poland (application no. 4907/18). The article critiques this judgment both from the national and international perspective. I argue that contrary to the intention of the Prosecutor General, who is also the Minister of Justice and who initiated the proceedings leading to this judgment, this judgment does not affect the obligation to enforce the Xero Flor judgment. ... |
As part of the response to the COVID-19 pandemic, many jurisdictions across the world introduced remote hearings as an alternative way of continuing to offer access to courts. This practice-based article discusses the report prepared by the author for a judicial review case which revolved around the claim that in immigration settings the quality of interpreting conducted in fully online hearings is inferior to interpreting in face-to-face hearings. In the absence of pre-existing research comparing the impact of the physical and fully online settings on interpreting, the author’s expert witness report explored linguistic principles governing conversation and turn-taking management, power relations and narrativisation and discursive practices in online and physical settings to illustr... |
This special issue explores the politics and controversy surrounding the proposal to decertify (or abolish) legal sex status in Britain, focusing on the jurisdiction of England and Wales.Footnote1 Decertification emerged as a law reform idea, from the confluence of several developments: feminist and transgender politics, intellectual movements in critical and prefigurative research, and the institutionalisation of liberal equality paradigms. However, the immediate story starts with legal measures introduced transnationally to accommodate gender transitioning and in some cases to legally recognise gender identities other than as women and men (e.g., see Sharpe 2007; Clarke 2018; Holzer 2018; Renz 2020a). These state legislative projects of incorporation, intent on maintaining broader... |
Graphic justice and the law of aesthetics have in very recent years successfully brought law, aesthetics and comics scholarship into the same space. The culture of copyright infringement within comics (including in the Marvel, DC, and Disney universes) has been extensively in the literature by scholars including Saval. How copyright law is portrayed within the graphic novels and comics themselves is the focus (and contribution of) this article. This article will explore several comics and graphic novels, as well as included this author’s reflections of portraying copyright visually within zines for public dissemination. Throughout this article, the discourses of ghosts and spectres that are interwoven with copyright law and haunt the texts will be seen, as will the discourses of opp... |
The rule of law and the other values contained in Article 2 of the Treaty on European Union (Art 2 TEU) comprise the constitutional identity of the European Union (Union). These values form part of the Union’s very foundation. Art 3(1) and (6) TEU, in conjunction with Art 2 TEU, declare the Union’s aim to promote and pursue the rule of law as one of its core values. These provisions indicate that the rule of law is not only a constitutional principle but gives the Union a mandate to shape its policies accordingly in order to create an enabling ecosystem for the rule of law in the Member States. The Union may counter internal threats to the rule of law, but it can and should also take positive legal action to strengthen and consolidate the rule of law in the Member States by making u... |
