The double helix of rule of law and EU competition law: An appraisal

By discussing the experiences of Hungary and Poland, this article aims to demonstrate that there are three layers of the rule of law which are relevant for EU competition law. The first one is external: it relates to the legal system of EU Member States of which competition law is a part. In national legal systems, rule of law safeguards need to be put in place in order to provide an adequate legal environment for the competition law system to perform its role. The second one is internal: it concerns rule of law safeguards in relation to the Member States' competition authorities, in particular their independence. The third one is consequential: the weakening of the rule of law within the external and internal layers affects the proper functioning of the competition law system. As a result, the effectiveness of Articles 101 and 102 TFEU is endangered, and a vicious circle of mutually reinforcing competition law and rule of law crises unfolds.     

Electoral context,habit-formation and voter turnout: A new analysis

Drawing on the concept of habitual voting (Plutzer, 2002), Franklin (2004) argues that the effects of electoral context on voter turnout will be largely limited to the cohorts who have experienced few elections in their lifetime. Those with more electoral experience would thus remain unaffected. Testing the above hypothesis is a way of a feasible indirect examination of the concept of habitual voting. Such tests have so far focused primarily on the impact of electoral competitiveness on turnout. I propose a new superior analysis of Franklin's hypothesis that, I claim, approaches the standards of a natural experiment. My test – focusing on the national election cycles as a contextual trait of the European Parliament elections – delivers new evidence supporting this hypothesis.     

Iatrogenic Burns of the Neckline in a Patient with Tetraparesis During Tracheotomy

The paper presents a case of an atypical iatrogenic complication after tracheotomy analyzed on the basis of the case dossier materials submitted to the authors by the court of justice to prepare a forensic medical opinion concerning the correctness of the medical procedure. A 37‐year‐old woman was brought by the ambulance service to the hospital with acute respiratory failure due to post‐tracheostomy tracheal stenosis. Tracheotomy was performed on an emergency basis. The patient suffered severe burns of the chest and neck. The experts concluded that the most probable cause of the incident was electrocautery‐induced ignition of the disinfectant used for cleaning the skin before the surgery. It was established that with correct handling of the procedure, the aforementioned incident should not have taken place. Therefore, it cannot be regarded as a normal complication inherent in the risk associated with the procedure, but as a consequence of a medical error.     

Characteristics of Bone Injuries Resulting from Knife Wounds Incised with Different Forces

The aim of this research was to experimentally determine the characteristics of incised bone wounds, which are commonly found in defense injuries. A specially constructed pivoting arm device was used to inflict wounds with controlled forces and direction. Five knives were selected to inflict the wounds on porcine forelimbs. Eight incised wounds were made per knife per force. A larger knife and a greater force caused longer and wider bone wounds. Comparisons of individual knives at the two forces produced varying results in the bone wounds. A correlation was seen between the force and the length (r = 0.69), width (r = 0.63), and depth (r = 0.57) of bone wounds. Serrated‐edge and nonserrated knives can be distinguished from the appearance of the wound. The outcomes may be applicable in forensic investigations to ascertain the forces associated with incised wounds and identify the specific knife used.     

Experimental Effect of Shots Caused by Projectiles Fired from Air Guns with Kinetic Energy Below 17 J

Pursuant to the Polish Weapons and Ammunitions Law (Legal Gazette No 53/1999 item 549 with subsequent amendments), air guns with kinetic energy of the fired projectiles below 17 J are not regarded as weapons. The aim of the study was to assess the potential effect of shots caused by projectiles of various mass and structure fired from air guns with kinetic energy below 17 J on human soft tissues. As a model of soft tissue, we used 20% gelatin blocks. After shooting, we measured the depth of gelatin block penetration by pellets fired from various distances and compared these results with autopsy findings. The results demonstrated that examined pneumatic guns may cause serious injuries, including damage to the pleura, pericardium, liver, spleen, kidneys, femoral artery, and thoracic and abdominal aorta. Experiment shown that gelatin blocks do not reflect fully the properties of the human body.     

Argumentation and Legal Interpretation in the Criminal Decisions of the Polish Supreme Court and the German Federal Court of Justice: A Comparative View

The subject of this study are the argumentation strategies applied by the Polish and German apex courts competent in criminal matters, namely the Supreme Court and the Federal Court of Justice, respectively. The investigation encompasses a total of 200 rulings issued by the criminal panels of these bodies. Particular focus was put on examining which arguments both courts apply to solve interpretation problems, and secondly, how these courts systematize the interpretation process. Methodologically, the examination utilizes, inter alia, the principles of qualitative research, without neglecting the legal dogmatic perspective. A crucial theoretical foundation underlying this study is the distinction between formalistic and substantive legal cultures. The examination reveals that neither the Polish nor the German legal culture is purely formalistic or value-oriented. Nevertheless, the Supreme Court of Poland shows greater affinity for formalistic arguments, whereas the substantive interpretation methods are more widespread in the judicature of the German Federal Court of Justice. In particular, the Polish Court prefers the linguistic interpretation, whereas the German Court favours the purposive approach.

     

The Middlemen: The Legal Profession,the Rule of Law,and Authoritarian Regimes

Scholars are increasingly interested in exploring ways to strengthen the rule of law in authoritarian states—especially when deeper political reforms are not attainable. The article contributes to this discussion by revisiting the story of the emergence of the so‐called socialist legality in the communist states of Eastern Europe. Using the historical record from Poland, the author demonstrates a previously unnoticed, yet pivotal, role of legal professionals in facilitating socialist legality's rise to prominence. Using the lenses of Pierre Bourdieu's theory of fields, the article chronicles the evolving dynamic between the legal profession, the authoritarian regime, and society. These observations challenge conventional explanations of the emergence of the rule of law in nondemocratic conditions.     

Why Bother Lying When You Know So Few Care? Party Contact,Education and Over‐reporting Voter Turnout in Different Types of Elections

Studies on individual‐level voter turnout in the European Parliament elections rely solely on self‐reported turnout data. At the same time, a long tradition in public opinion research examines the impact of individual and contextual variables on over‐reporting of voter turnout. The ultimate goal of these efforts is an assessment of the bias introduced when turnout models are estimated from self‐reported turnout data. In this article, it is proposed that certain characteristics related to turnout (and turnout over‐reporting), like university education or party contact, should also be positively associated with political awareness and knowledge. If so, they might contribute to respondents' greater ability to distinguish between different salience levels, significantly increasing non‐voters' propensity to over‐report turnout in high‐salience elections, but not in low‐salience ones. This hypothesis is tested using data on electoral participation in Sweden, comparing patterns of turnout over‐reporting in the (high‐salience) national parliament elections and the (low‐salience) European Parliament elections. The results of this test, the first one to give an account of patterns of over‐reporting of turnout in the European Parliament elections, largely support the above hypothesis. Finally, the consequences of this phenomenon for the validity of inferences made from self‐reported turnout data are analyzed.     

From refuge to trap: formalist misadventures of Poland’s postsocialist legal profession

ABSTRACT

Since 2015 the populist government of the Law and Justice Party in Poland has spearheaded a highly effective campaign against the country’s lawyers, encountering relatively muted social opposition. Using Bourdieuan lenses, the article traces the roots of that remarkable institutional weakness of the Polish legal profession to the highly formalist approach to law and legal thinking that Poland’s lawyers espoused. Prior to the fall of communism, and in democratic Poland, the role of lawyers in society was to act as guardians of “neatness” of the legal system – or that system’s internal clarity, cohesion, and completeness. Such a sterile approach to legal practice was initially attractive, among other reasons, because it protected the legal profession from difficult legitimacy challenges stemming from that profession’s pre-1989 coexistence with the communist regime. With time, however, the refuge that formalism offered became a trap that undermined lawyers’ political and economic power.     

Penetration Depth of Projectiles Fired from a Replica of Colt Navy of 1851 in 20% Gelatin Blocks Correlated with Fatal Injuries Assessed in an Autopsy of a 78‐Year‐Old Man

Pursuant to the Polish Weapons and Ammunitions Law, muzzle‐loading black powder weapons, manufactured before 1885, or their replicas, as well as suitable projectiles, can be possessed legally without registration and special licenses. The aim of the study was to assess the penetration depth of projectiles fired from a black powder weapon, replica of Colt Navy of 1851, in 20% gelatin blocks and to compare the obtained results with the actual injuries found on autopsy of a 78‐year‐old man who had committed suicide. In the experiments, we used the black powder weapon and ammunitions, as well as gelatin blocks serving as a soft tissue model. We ascertained that solid spherical projectiles fired from black powder weapons cause extensive injuries, especially in the initial segment of the wound canal. Additionally, based on the presence and location of the wad in the wound canal, the distance from which the shot was fired can be determined.