ULP Law Review : Revista de Direito da ULP, v. 13 n.º 1 (2020)

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http://hdl.handle.net/10437/11681

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Percorrer ULP Law Review : Revista de Direito da ULP, v. 13 n.º 1 (2020) por autor "FL - Faculty of Law"

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    Anti-smog regulations in Poland as a case study of the effectiveness of law
    (Edições Universitárias Lusófonas, 2020) Klinowski, Mateusz; Stêpieñ, Mateusz; FL - Faculty of Law
    In this paper we present the idea of a case study designed to examine the effectiveness of those regulations that aim at combating air pollution. We believe that the specific situation we encountered in one of the most contaminated regions of Poland provides an unique research opportunity to shed some light on the question of estimation of effectiveness of law and to develop and refine the highly debated theory of wicked problems. Because our research project is at the preliminary stage, our claims and observations are still tentative.
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    Applicable law to insurance contracts in the light of Rome I Regulation : challenges to cross- border insurance contracts in the EU
    (Edições Universitárias Lusófonas, 2020) Meireles, Pedro Monteiro de; FL - Faculty of Law
    This article explores the current situation of cross-border insurance contracts within the EU. In contracts that do not involve a conflict of laws, the determination of the applicable law is hastily and of a relatively easy resolution, as they will be disciplined by the substantive law of the current legal order, which they only have contact with. When it comes to insurance contracts that are seen in a conflict of laws, defining the applicable law raises a question since these contracts are in contact with at least more than one legal order. In this case, there is a certain amount of uncertainty regarding which judicial order will govern the contract and the criteria that will dictate this resolution. When we refer to an insurance contract that involves a conflict of several laws, such as a policyholder with regular residence in MS A, who contracts an insurance contract with an insurer based in MS B, whose risk is in MS C. Due to this, there are several points of contact with different legal orders. As such, it will be necessary to establish what the contract's regulatory law should be. In the EU domain, the answer to this issue is to reflect on the regulations defining the applicable law. In this context, we highlight the Rome I Regulation, which establishes in its article 7 a special conflict rule, hence appearing as the starting point for the problem raised by us. This way, we will focus on the analysis of the solutions contained in article 7, related to large risk contracts and contracts covering mass risks whose unpredictability is located within the EU. Finally, we will explore legal solutions to establish an applicable law in association with the principle of free movement. In particular, as seen in a classic case of an active insurance seeking, where the policyholder, in the light of his freedom of movement, decides on his own to hire insurance from another legal system, apart from his home state.
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    Otis II : light at the end of the tunnel for damages indirectly caused by competition law infringements
    (Edições Universitárias Lusófonas, 2020) Venda, Sílvia Bessa; FL - Faculty of Law
    The European Court of Justice (ECJ) culminated a particularly fruitful year (2019) in private enforcement rulings with an important one in terms of “who” is entitled to be compensated for damages caused by competition law infringements: the Otis of 12 December 2019 (C-435/18). It ruled that any damage which has a causal connection with an infringement of Article 101 of the Treaty on the Functioning of the European Union (TFEU) must be capable of giving rise to compensation even if the injured party does not operate in the market affected. Despite the abstract character of this statement, which leaves a large margin of application for national courts – and therefore of legal uncertainty –, the ECJ is (once again) coming out in defense of the principle of the effectiveness of EU competition rules and taking over the competence to determine the substantive part of private enforcement, i.e., the liability requirements.
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    Tolerance and the limits of criminal law
    (Edições Universitárias Lusófonas, 2020) Renzikowski, Joachim; FL - Faculty of Law
    The question that arises is what idea of tolerance was the basis of the proposals to tighten sec. 166 German Criminal Code (II.). It must also be clarified whether intolerant statements may also be reacted to with intolerance (III.). The answers to these questions finally lead to a more precise definition of the legal interest protected by sec. 166 German Criminal Code and the expression of public peace (IV.), whereby the final question arises, however, whether this norm is necessary at all (V).