Fundamental legal problems of surrogate motherhood Global perspective

Fundamental legal problems of surrogate motherhood  Global perspective
Author: Piotr Mostowik,Marta Soniewicka,Nathalie Baillon-Wirtz,Mirosław Boruta,Justyna Holocher,Błażej Kmieciak,Ewa Kozerska,Tomasz Scheffler,Katažyna Mikša,Natalja Žitkevitš,Avishalom Westreich,Andrea Nicolussi,Andrei A. Novikov ,Carlos Martínez de Aguirre,Monika Wałachowska,Alla Anatoliivna Herts,Witold Borysiak,Agnieszka Czubik,Łukasz Mirocha,Agata Niżnik-Mucha,Aleksandra Dębowska,Marcin Sokołowski,Agnieszka Wedeł-Domaradzka,Olga Bobrzyńska,Dita Frintová,Ondřej Frinta,Janusz Gajda,Rafał Łukasiewicz,Elena Júdová,Martin Píry,Wojciech Lis,Piotr Telusiewicz,Michał Wojewoda,Edyta Figura-Góralczyk,Radosław Flejszar,Piotr Rodziewicz,Konrad Burdziak,Łukasz Pohl,Wojciech Górowski,Agnieszka Laber,Dominik Zając,Karolina Sęk
Publsiher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości
Total Pages: 1066
Release: 2019-07-01
Genre: Law
ISBN: 9788366344068

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The observation that mater semper certa est remains accurate under most legal systems in the world. Maternity is defined as the personal status (filiation) of a woman who gave birth to a child. It is typically complemented by the fatherhood of the man from whom the child biologically originates (often quem nuptiae demonstrant). However, in some states, a kind of competitive way of acquiring the legal status of mother and father (or “homosexual parents A and B”) has been introduced via concluding a contract with a surrogate mother. Usually with a woman coming from poorer societies and with the assistance of professional intermediaries and organizers. The postulates to change substantive family law, or at least to recognize the effects of foreign law and procedures (a kind of “procreative tourism”), appear nowadays also in states generally prohibiting surrogate motherhood. The issues discussed in this volume concern both national law and international court cases. Recent examples include the opinion of the European Court of Human Rights of 10 April 2019 initiated by the French Cour de cassation, the judgement of the German Bundesgerichtshofof 20 March 2019, and dilemmas of Polish administrative courts. Focusing on the international perspective, the present volume as well as an accompanying book in Polish are the results of the international cooperation of over 30 experts from both member states and observer states of the Council of Europe. The monograph is structured “from the general to the detail” and includes a comprehensive view as well: from the issues of philosophy and sociology of law, to human rights standards of national constitutions and international agreements, to principles of ordre public of forum and their protection with measures of private, public, and penal law. This allows readers, including legislators and judges, the better understanding of the fundamental legal problems that surrogate motherhood brings, both in states where law creates them in a narrower or wider extent, and in other countries of the world, to which these problems can be imported with the movement of people and with de lege lata and de lege ferenda postulates.

Fundamental Spanish

Fundamental Spanish
Author: Barbara Bregstein
Publsiher: Trafford Publishing
Total Pages: 258
Release: 2003
Genre: Education
ISBN: 1553957806

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Fundamental Spanish is a clear, concise grammar book for teachers and beginner to intermediate self-learners. The book is structured so that each chapter becomes the base for the next. Once a lesson is understood, it becomes the basis for the next. The sequence of learning is orderly, logical and clear. There are tons of written and oral exercises to facilitate and guide learning so that self-learners can test their own progress and practice speaking and understanding. A pronunciation chart is provided and pronunciation tips are given throughout the book as reminders that the ultimate goal of this grammar book is not only to be able to read and write Spanish, but also to speak and understand Spanish. For the teachers: Fundamental Spanish is based on the idea of the task chain; the successful completion of one sequence of gramar is dependent on the successful completion of the task before. The book builds the grammatical base lesson by lesson. The order and clarity of the explanations will give you the flexibility to move as quickly or as slowly as you wish as you teach grammar and conversation. It can also be used to review any elements that your particular class requires.

Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings

Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings
Author: Stefano Ruggeri
Publsiher: Springer Science & Business Media
Total Pages: 573
Release: 2013-01-09
Genre: Law
ISBN: 9783642320125

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The protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources. Due to this complex scenario, this research has been carried out from a four-level perspective. The first part provides a critical analysis of the multilevel systems of protecting fundamental rights from the perspective of supranational and constitutional case law, and in the field of international and organized crime. The second part focuses on EU judicial cooperation in three main fields: financial and serious organized crime, mutual recognition tools, and individual rights protection. The third part provides the perspectives of ten domestic legal systems in two fields, i.e., obtaining evidence abroad and cooperation with international criminal tribunals. The fourth part analyses cross-border inquiries in comparative law, providing a reconstruction of different models of obtaining evidence overseas.

The Convergence of the Fundamental Rights Protection in Europe

The Convergence of the Fundamental Rights Protection in Europe
Author: Rainer Arnold
Publsiher: Springer
Total Pages: 235
Release: 2016-04-05
Genre: Law
ISBN: 9789401774659

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The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.

Fundamental Labour Rights and the Constitution

Fundamental Labour Rights and the Constitution
Author: Giulia Frosecchi
Publsiher: Taylor & Francis
Total Pages: 150
Release: 2023-07-05
Genre: Law
ISBN: 9781000902570

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The book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law.

Spanish An Essential Grammar

Spanish  An Essential Grammar
Author: Peter T Bradley,Ian Mackenzie
Publsiher: Routledge
Total Pages: 356
Release: 2004-04-28
Genre: Foreign Language Study
ISBN: 9781134448456

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Spanish: An Essential Grammar is a concise and user-friendly reference guide to the most important aspects of Spanish. It presents a fresh and accessible description of the language that combines traditional and function-based grammar. The book sets out the complexities of Spanish in short, readable sections, and explanations are clear and free from jargon. The Grammar is the ideal reference source for the learner and user of Spanish. It is suitable for either independent study or for students in schools, colleges, universities and adult classes of all types. Features include: * clear distinctions between the essential and basic aspects of Spanish grammar and those that are more complex * full use of authentic examples * easy to understand explanations of areas that customarily pose problems for English speakers * detailed contents list and index for easy access to information.

Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union

Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union
Author: Sergio Carrera,Marco Stefan
Publsiher: Routledge
Total Pages: 257
Release: 2020-02-25
Genre: Law
ISBN: 9780429515286

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This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures – in particular, joint return flights. The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.

The EU Charter of Fundamental Rights in the Member States

The EU Charter of Fundamental Rights in the Member States
Author: Michal Bobek,Jeremias Adams-Prassl
Publsiher: Bloomsbury Publishing
Total Pages: 632
Release: 2020-12-24
Genre: Law
ISBN: 9781509940936

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Ten years after the Charter of Fundamental Rights of the European Union became part of binding primary law, and twenty years since its adoption, this volume assess the application of the EU Charter in the Member States. How often, and in particular by which actors, is the EU Charter invoked at the national level? In what type of situations is it used? Has the approach of national courts in general, and of constitutional courts in particular, to EU law to EU fundamental rights law changed following the entry into force of the Charter? What sort of interplay does the Charter generate with the national bill of rights and the European Convention? Is the life with the Charter on the national level a harmonious 'praktische Konkordanz' or rather a messy 'ménage à trois'? These and other questions are discussed in the four parts that form the book. Part I is dedicated to the normative foundations. Part II sets out Member States' Perspectives, providing a structured, in-depth account of the Charter's operation in 16 different Member States. Part III provides a detailed evaluation of selected rights contained within the Charter. Part IV synthesises the materials presented up to that point to develop a series of broader perspectives, looking to discover underlying lessons about the relationship between EU fundamental rights law and national legal systems.