The dynamic development of digital and informational technologies raises the issue of proper and ... more The dynamic development of digital and informational technologies raises the issue of proper and effective protection of human privacy, which, in turn, is gradually turning from a real fundamental right into a kind of illusion. Just a piece of information about an individual distributed on the Internet may leave its negative and often indelible mark on the life and reputation of the addressee of such information, regardless of the legality and reliability of such information. And even if such information is subsequently recognized as false and/or vicious and even removed from public access, the addressee of the information will still be associated with such information in the social consciousness. In this regard, each person is at risk on the Internet, where anyone can potentially become the victim of a single publication or a post of an Internet user. In this context the emergence of the phenomenon of the right to be forgotten in European legal reality may be considered as a step f...
This article focuses on the issue of data governance in connected vehicles. Firstly, basic notion... more This article focuses on the issue of data governance in connected vehicles. Firstly, basic notions of autonomous vehicles are analyzed, and a legal framework is introduced. The European Union aims to create cooperative, connected, and automated mobility based on the cooperation of different inter-connected types of machinery. The essence of the system is data flow in connected vehicles, and the issue represents one of the heavily discussed themes in legal doctrine. Therefore, data governance is further discussed in the article. The final part of the article deals with the issue of responsibility and liability of different actors involved in the processing of personal data according to the General Data Protection Regulation applied to the environment of CAV smart infrastructure.
The presented paper focuses on the analysis of strategic documents at the level of the European U... more The presented paper focuses on the analysis of strategic documents at the level of the European Union (EU) concerning the regulation of artificial intelligence as one of the so-called disruptive technologies. In the first part of the article, we outline the basic terminology. Subsequently, we focus on the summarizing and systemizing of the key documents adopted at the EU level in terms of artificial intelligence regulation. The focus of the paper is devoted to issues of personal data protection and cyber security included in these strategic documents. The final part contains recommendations for future research and evaluation of its key features.
Some recent views question the concept of sovereignty (especially the sovereignty of states), arg... more Some recent views question the concept of sovereignty (especially the sovereignty of states), arguing that sovereignty is to be abandoned as a historical concept, because it existed in the world of the Westphalian system (created after 1648), where states were the major players, centers of power and objects of interest. Instead, we suggest that sovereignty should be perceived again as a “supreme power” (summa potestas), meaning a return to the pre-Bodinian concept of sovereignty and perceive it as a “power to exert control”. With regard to cyberspace, this does not mean direct control of all entities in the cyberspace, but only those that provide services which are perceived as “essential” or “critical” for the security and interests of the state. That is actually the approach taken with regard to ensuring the safety of 5G networks—through control imposed on the network operators, as required by the respective EU legislation and the EU Toolbox on 5G Networks specifically.
The Use of Force against Ukraine and International Law, 2018
The phenomenon of cyberspace and its definition and normative regulation represent a big challeng... more The phenomenon of cyberspace and its definition and normative regulation represent a big challenge for contemporary international law. The cybersphere forms a fifth domain of activities where interactions between state and non-state actors could happen. Indeed, it has started to play an important role in conflicts and hostilities. Especially in these situations, international society does not have a unified view on the question as to how to deal with activities in cyberspace. Nevertheless, the fact is that cyber incidents are increasingly used to engage, harm or weaken enemies/counterparts. We can also see the different forms of abuse pursued in cyberspace during the conflict in Ukraine. This conflict is a productive example of the complexity of the legal approach and the (lack of) capability in relation to the legal understanding of cyber operations and attacks. The goal of this chapter is to highlight this complexity and determine the status of cyber incidents realized in Ukraine from the perspective of international law. Having considered the distinction between cyber attacks and cyber operations, our assumptions in the realms of conflict in Ukraine tend towards the latter notion.
LSN: Enforcement of International Law (Topic), 2018
The aim of this paper is to offer overview of the potential judicial instruments and mechanisms w... more The aim of this paper is to offer overview of the potential judicial instruments and mechanisms which are available in the current state of EU legal system and which are thinkable as means of the enforcement of rights included in the EU Charter in relation to acts and omissions of the EU bodies. The paper deals with theoretical options and practical examples of using the Charter and the source of review within different types of proceedings before General Court and Court of Justice.
This chapter deals with the phenomena of rule of law within the constitutional edifice of Europea... more This chapter deals with the phenomena of rule of law within the constitutional edifice of European Union. The aim is to determine its content and scope and to elaborate its promotion and enforcement in practice. A traditional approach sees this principle mostly as one-way-street focused only on Member States and as political requirement enforceable by the political procedures (Article 7 TEU). This chapter covers the rule of law as two-way proviso addressed to the EU itself and the Member States and discusses alternatives of its promotion. The key hypothesis is that operability of the rule of law concept requires its diagonal application, depoliticisation and judicialisation and concretisation via visible list of contents (in our proposal the EU Charter).
The paper discusses the issue of a new position of the social rights brought by the adoption of a... more The paper discusses the issue of a new position of the social rights brought by the adoption of a legally binding Charter of Fundamental Rights of the EU. The author examines whether formal turnover and incorporation of social rights into a single catalogue means also a revolution in the level of protection of these rights (which are traditionally associated with a cautious approach by both the national states and the international community). Author answers this question with a certain degree of scepticism. He points to the significant limitations which the Charter connects with social rights – namely the incompleteness of the catalogue, references to national law, an understanding of social rights as the principle of limited justiciability, and finally he discusses the special impact of the Protocol (No. 30) on the application of the Charter of Fundamental rights of the European Union to Poland and the United Kingdom on the social rights.
The article is devoted to the issue of acceptance of the effects of European law by the Czech Con... more The article is devoted to the issue of acceptance of the effects of European law by the Czech Constitutional Court. National courts in connection with the membership in the European Union face the problem of “revolt or revolution.” So-called “Revolt or revolution dilemma” confronts the Court with the choice between the national constitutions (revolt) or European law (revolution). In the existing case law of the Constitutional Court one can discover a hint of these two poles
Summary The phenomenon of geo-blocking is one of the new challenges of the digital era. Geo-block... more Summary The phenomenon of geo-blocking is one of the new challenges of the digital era. Geo-blocking is a modern form of discrimination that differentiates between consumers on the basis of their geographical location. The phenomenon ultimately affects the situation of the citizen concerned and may also constitute an obstacle to the single market. Digital time has put a number of issues to be resolved on the legislator’s table in recent years, one of which is the phenomenon of geo-blocking. Already in 2015, the European Commission led by Juncker (2014–2019) adopted the Digital Single Market (DSM) strategy, which marked the European Union’s (EU) path towards innovation by creating a new digital dimension of the Single Market. In order to achieve the DSM strategy and the digital objectives, a number of legislative acts have been put in place to address the elements of the DSM and exploit the benefits of technological modernisation. The geo-blocking phenomenon is presented in this stud...
Ondrej Hamulák-david ramirO TrOiTiñO-arcHil cHOcHia states and the international community). The ... more Ondrej Hamulák-david ramirO TrOiTiñO-arcHil cHOcHia states and the international community). The authors answer this research question with a certain degree of skepticism. The research outlines the relevant limitations of the Chapter in connection with social rights-the incomplete essence of the catalogue, references to national law and understanding of social rights as the principle of limited justiciability.
The paper focuses on the very topical issue of conclusion of the membership of the State, namely ... more The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The question of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adoption of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was introduced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Ener...
Summary The paper deals with the non-normative impacts of the EU law in the national legal system... more Summary The paper deals with the non-normative impacts of the EU law in the national legal systems (Czech Republic in particular) and focuses on the approach of the Czech Constitutional Court (CCC) towards the so-called principle of indirect effect of EU law. The authors examine the case law of CCC and offer the conclusions about the place, constitutional relevance and (national) limits of the EU-consistent interpretation of national law. CCC up to date case law clearly indicates that a EU-consistent interpretation is the most ideal tool for meeting the Czech Republic’s membership obligations. But it is simultaneously a tool for preserving the autonomy of the national authorities applying law and reduces possible tensions between supranational and nation law. CCC accepts the indirect effect broadly and used this concept even in controversial cases (European arrest warrant, State responsibility for damages etc.). But still it does not approach this effect without reservations. CCC po...
Acta Baltica Historiae et Philosophiae Scientiarum, 2016
Human rights is a core issue of continuing political, legal and economic relevance. The current a... more Human rights is a core issue of continuing political, legal and economic relevance. The current article discusses the historical perceptions of the very essence of human rights standards and poses the question whether the Realpolitik of the changed world and Europe can justify the deviation from the "purist" approach to human rights. The EU Charter, as the most eminent and contemporary "bill of rights", is chosen as an example of the divergence from "traditional values". The article does not offer solutions but rather focuses on the expansive development in the doctrinal approach of interpreting human rights that has not been conceptually agreed upon by historians, philosophers and legal scholars.
Supranational law reaches its goals either through the effect of its own norms or through nationa... more Supranational law reaches its goals either through the effect of its own norms or through national law based on European rules. Thus, also the question of the relationship between European and national law (as a whole) must reflect these two options.
The dynamic development of digital and informational technologies raises the issue of proper and ... more The dynamic development of digital and informational technologies raises the issue of proper and effective protection of human privacy, which, in turn, is gradually turning from a real fundamental right into a kind of illusion. Just a piece of information about an individual distributed on the Internet may leave its negative and often indelible mark on the life and reputation of the addressee of such information, regardless of the legality and reliability of such information. And even if such information is subsequently recognized as false and/or vicious and even removed from public access, the addressee of the information will still be associated with such information in the social consciousness. In this regard, each person is at risk on the Internet, where anyone can potentially become the victim of a single publication or a post of an Internet user. In this context the emergence of the phenomenon of the right to be forgotten in European legal reality may be considered as a step f...
This article focuses on the issue of data governance in connected vehicles. Firstly, basic notion... more This article focuses on the issue of data governance in connected vehicles. Firstly, basic notions of autonomous vehicles are analyzed, and a legal framework is introduced. The European Union aims to create cooperative, connected, and automated mobility based on the cooperation of different inter-connected types of machinery. The essence of the system is data flow in connected vehicles, and the issue represents one of the heavily discussed themes in legal doctrine. Therefore, data governance is further discussed in the article. The final part of the article deals with the issue of responsibility and liability of different actors involved in the processing of personal data according to the General Data Protection Regulation applied to the environment of CAV smart infrastructure.
The presented paper focuses on the analysis of strategic documents at the level of the European U... more The presented paper focuses on the analysis of strategic documents at the level of the European Union (EU) concerning the regulation of artificial intelligence as one of the so-called disruptive technologies. In the first part of the article, we outline the basic terminology. Subsequently, we focus on the summarizing and systemizing of the key documents adopted at the EU level in terms of artificial intelligence regulation. The focus of the paper is devoted to issues of personal data protection and cyber security included in these strategic documents. The final part contains recommendations for future research and evaluation of its key features.
Some recent views question the concept of sovereignty (especially the sovereignty of states), arg... more Some recent views question the concept of sovereignty (especially the sovereignty of states), arguing that sovereignty is to be abandoned as a historical concept, because it existed in the world of the Westphalian system (created after 1648), where states were the major players, centers of power and objects of interest. Instead, we suggest that sovereignty should be perceived again as a “supreme power” (summa potestas), meaning a return to the pre-Bodinian concept of sovereignty and perceive it as a “power to exert control”. With regard to cyberspace, this does not mean direct control of all entities in the cyberspace, but only those that provide services which are perceived as “essential” or “critical” for the security and interests of the state. That is actually the approach taken with regard to ensuring the safety of 5G networks—through control imposed on the network operators, as required by the respective EU legislation and the EU Toolbox on 5G Networks specifically.
The Use of Force against Ukraine and International Law, 2018
The phenomenon of cyberspace and its definition and normative regulation represent a big challeng... more The phenomenon of cyberspace and its definition and normative regulation represent a big challenge for contemporary international law. The cybersphere forms a fifth domain of activities where interactions between state and non-state actors could happen. Indeed, it has started to play an important role in conflicts and hostilities. Especially in these situations, international society does not have a unified view on the question as to how to deal with activities in cyberspace. Nevertheless, the fact is that cyber incidents are increasingly used to engage, harm or weaken enemies/counterparts. We can also see the different forms of abuse pursued in cyberspace during the conflict in Ukraine. This conflict is a productive example of the complexity of the legal approach and the (lack of) capability in relation to the legal understanding of cyber operations and attacks. The goal of this chapter is to highlight this complexity and determine the status of cyber incidents realized in Ukraine from the perspective of international law. Having considered the distinction between cyber attacks and cyber operations, our assumptions in the realms of conflict in Ukraine tend towards the latter notion.
LSN: Enforcement of International Law (Topic), 2018
The aim of this paper is to offer overview of the potential judicial instruments and mechanisms w... more The aim of this paper is to offer overview of the potential judicial instruments and mechanisms which are available in the current state of EU legal system and which are thinkable as means of the enforcement of rights included in the EU Charter in relation to acts and omissions of the EU bodies. The paper deals with theoretical options and practical examples of using the Charter and the source of review within different types of proceedings before General Court and Court of Justice.
This chapter deals with the phenomena of rule of law within the constitutional edifice of Europea... more This chapter deals with the phenomena of rule of law within the constitutional edifice of European Union. The aim is to determine its content and scope and to elaborate its promotion and enforcement in practice. A traditional approach sees this principle mostly as one-way-street focused only on Member States and as political requirement enforceable by the political procedures (Article 7 TEU). This chapter covers the rule of law as two-way proviso addressed to the EU itself and the Member States and discusses alternatives of its promotion. The key hypothesis is that operability of the rule of law concept requires its diagonal application, depoliticisation and judicialisation and concretisation via visible list of contents (in our proposal the EU Charter).
The paper discusses the issue of a new position of the social rights brought by the adoption of a... more The paper discusses the issue of a new position of the social rights brought by the adoption of a legally binding Charter of Fundamental Rights of the EU. The author examines whether formal turnover and incorporation of social rights into a single catalogue means also a revolution in the level of protection of these rights (which are traditionally associated with a cautious approach by both the national states and the international community). Author answers this question with a certain degree of scepticism. He points to the significant limitations which the Charter connects with social rights – namely the incompleteness of the catalogue, references to national law, an understanding of social rights as the principle of limited justiciability, and finally he discusses the special impact of the Protocol (No. 30) on the application of the Charter of Fundamental rights of the European Union to Poland and the United Kingdom on the social rights.
The article is devoted to the issue of acceptance of the effects of European law by the Czech Con... more The article is devoted to the issue of acceptance of the effects of European law by the Czech Constitutional Court. National courts in connection with the membership in the European Union face the problem of “revolt or revolution.” So-called “Revolt or revolution dilemma” confronts the Court with the choice between the national constitutions (revolt) or European law (revolution). In the existing case law of the Constitutional Court one can discover a hint of these two poles
Summary The phenomenon of geo-blocking is one of the new challenges of the digital era. Geo-block... more Summary The phenomenon of geo-blocking is one of the new challenges of the digital era. Geo-blocking is a modern form of discrimination that differentiates between consumers on the basis of their geographical location. The phenomenon ultimately affects the situation of the citizen concerned and may also constitute an obstacle to the single market. Digital time has put a number of issues to be resolved on the legislator’s table in recent years, one of which is the phenomenon of geo-blocking. Already in 2015, the European Commission led by Juncker (2014–2019) adopted the Digital Single Market (DSM) strategy, which marked the European Union’s (EU) path towards innovation by creating a new digital dimension of the Single Market. In order to achieve the DSM strategy and the digital objectives, a number of legislative acts have been put in place to address the elements of the DSM and exploit the benefits of technological modernisation. The geo-blocking phenomenon is presented in this stud...
Ondrej Hamulák-david ramirO TrOiTiñO-arcHil cHOcHia states and the international community). The ... more Ondrej Hamulák-david ramirO TrOiTiñO-arcHil cHOcHia states and the international community). The authors answer this research question with a certain degree of skepticism. The research outlines the relevant limitations of the Chapter in connection with social rights-the incomplete essence of the catalogue, references to national law and understanding of social rights as the principle of limited justiciability.
The paper focuses on the very topical issue of conclusion of the membership of the State, namely ... more The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The question of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adoption of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was introduced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Ener...
Summary The paper deals with the non-normative impacts of the EU law in the national legal system... more Summary The paper deals with the non-normative impacts of the EU law in the national legal systems (Czech Republic in particular) and focuses on the approach of the Czech Constitutional Court (CCC) towards the so-called principle of indirect effect of EU law. The authors examine the case law of CCC and offer the conclusions about the place, constitutional relevance and (national) limits of the EU-consistent interpretation of national law. CCC up to date case law clearly indicates that a EU-consistent interpretation is the most ideal tool for meeting the Czech Republic’s membership obligations. But it is simultaneously a tool for preserving the autonomy of the national authorities applying law and reduces possible tensions between supranational and nation law. CCC accepts the indirect effect broadly and used this concept even in controversial cases (European arrest warrant, State responsibility for damages etc.). But still it does not approach this effect without reservations. CCC po...
Acta Baltica Historiae et Philosophiae Scientiarum, 2016
Human rights is a core issue of continuing political, legal and economic relevance. The current a... more Human rights is a core issue of continuing political, legal and economic relevance. The current article discusses the historical perceptions of the very essence of human rights standards and poses the question whether the Realpolitik of the changed world and Europe can justify the deviation from the "purist" approach to human rights. The EU Charter, as the most eminent and contemporary "bill of rights", is chosen as an example of the divergence from "traditional values". The article does not offer solutions but rather focuses on the expansive development in the doctrinal approach of interpreting human rights that has not been conceptually agreed upon by historians, philosophers and legal scholars.
Supranational law reaches its goals either through the effect of its own norms or through nationa... more Supranational law reaches its goals either through the effect of its own norms or through national law based on European rules. Thus, also the question of the relationship between European and national law (as a whole) must reflect these two options.
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Papers by Ondrej Hamulak