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Prawo do skutecznego środka naprawczego w postępowaniu dowodowym
Współczesny proces karny stawia określone wyzwania zarówno wobec organów procesowych, doktryny, jak i prawodawcy. Są nimi ochrona praw jednostki i zapewnienie realizacji obowiązujących gwarancji procesowych. Autorka przedstawia konsekwencje naruszenia bądź nadużycia w sferze interesów i praw uczestników postępowania oraz prezentuje cele środków naprawczych, którymi są: • zniwelowanie efektów naruszeń (wykluczenie dowodów nielegalnych, powtórzenie czynności dowodowych, możliwość kwestionowania wiarygodności dowodu); • zrekompensowanie szkody (niedopuszczalność oskarżenia, rekompensata pieniężna orzekana w ramach postępowania cywilnego i karnego, modyfikacj...
Powers of the Prosecutor in Criminal Investigation
This comparative analysis examines the scope of prosecutorial powers at different phases of criminal investigation in four countries: the United States, Italy, Poland, and Germany. Since in all four the number of criminal cases decided without trial is constantly increasing, criminal investigation has become central in the criminal process. The work asks: who should be in charge of this stage of the process? Prosecutors have gained tremendous powers to influence the outcome of the criminal cases, including powers once reserved for judges. In a system in which the role of the trial is diminishing and the significance of criminal investigation is growing, this book questions whether the prosec...
EU Procedural Law
This volume provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines their role, competences and the types of actions that may be brought before them.
European Criminal Law
European criminal law faces many challenges in harmonising states' criminal justice systems. This book presents a systematic analysis of this legal area and examines the difficulties involved.
The Reach of Free Movement
The reach of free movement within the EU Internal Market and what constitutes a restriction are the topics of this book. For many years the tension between free movement and restrictions have been the subject of intense discussion and controversy, and this includes the constitutional reach of the rights conferred by the Treaty of Lisbon. Anything that makes movement less attractive or more burdensome may constitute a restriction. Restrictions may be justified, but only if proportionate. The reach of free movement is fundamental to the Internal Market, both for the economic constitution and increasingly for individual rights in a European legal order that provides constitutional guarantees fo...
National Constitutional Identity and European Integration
Over the past few years, 'national constitutional identity' has become the new buzzword in European constitutionalism. Much has been written about the concept involving the Member States' national constitutional identities: it has been welcomed for (finally) accommodating constitutional particularities in EU law, demonized for potentially disintegrating the EU, and wielded as a 'sword' by certain constitutional courts. Scholars, judges, and advocates in general have rendered the concept currently so fashionable and, yet, so ambivalent, that an in-depth analysis is warranted to put some order into the intense debate over constitutional identity. This collection brings together a series of con...
Translation Quality Assessment
This is the first volume that brings together research and practice from academic and industry settings and a combination of human and machine translation evaluation. Its comprehensive collection of papers by leading experts in human and machine translation quality and evaluation who situate current developments and chart future trends fills a clear gap in the literature. This is critical to the successful integration of translation technologies in the industry today, where the lines between human and machine are becoming increasingly blurred by technology: this affects the whole translation landscape, from students and trainers to project managers and professionals, including in-house and freelance translators, as well as, of course, translation scholars and researchers. The editors have broad experience in translation quality evaluation research, including investigations into professional practice with qualitative and quantitative studies, and the contributors are leading experts in their respective fields, providing a unique set of complementary perspectives on human and machine translation quality and evaluation, combining theoretical and applied approaches.
The Fingerprint
The idea of The Fingerprint Sourcebook originated during a meeting in April 2002. Individuals representing the fingerprint, academic, and scientific communities met in Chicago, Illinois, for a day and a half to discuss the state of fingerprint identification with a view toward the challenges raised by Daubert issues. The meeting was a joint project between the International Association for Identification (IAI) and West Virginia University (WVU). One recommendation that came out of that meeting was a suggestion to create a sourcebook for friction ridge examiners, that is, a single source of researched information regarding the subject. This sourcebook would provide educational, training, and research information for the international scientific community.
Fundamental Rights in International and European Law
In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute’s research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues – such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration – that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.
