Restorative justice is a way of responding to criminal offences by balancing the needs of the community, the victims and the offenders. It aims to bring all these parties together to collectively resolve the consequences of crime, including the harm caused, with a view to future generations. In the Indonesian legal system, restorative processes have not yet been used to deal with environmental crimes, despite a growing interest in exploring their potential. Therefore, this paper seeks to demon-strate that restorative justice solutions addressing environmental crimes benefit the victims, the offenders, the community and the environment. Further, these solutions may prove to be useful as well as additional discretion to local authorities for redressing the damage to the environment.

The present paper is a reaction to Maciej Pichlak’s article "Law in the Snares of the Political: Addressing Rafał Mańko’s Critical Philosophy of Adjudication" which was published in this journal (“The Critique of Law” 2020, 12(3), pp. 109–125). The present response addresses selected issues raised in Pichlak’s critique, focusing on three aspects: law and the political, the importance of justice in the critical project, and finally the question of adjudication and ideology. On a more general note, the polemic reveals the importance of philosophical, political and ideological commitments and presuppositions of legal theorists and poses the question of the limits of the autonomy of jurisprudential debates vis-à-vis such commitments.

This article considers the meaning of trust for judicial communication. The central tenet of this analysis is that trust is best conceptualized as a judicial virtue and that it can be most fully explained with aretaic language. This claim is elaborated through, first, making distinctions between trust and reliance, as well as between trust and trustworthiness. Second, exploring the determinants of trustworthiness leads the author to argue for a virtue account of judicial trustworthiness. Third, the article discusses whether and how trust as a particular attitude or propensity may be perceived as a judicial virtue. The argument concludes by considering the relation between trust in judges and trust in justice institutions, such as courts of law.

This paper discusses judicial duty of improving the law on epistemic grounds and claims in that regarding this obligation, it is possible to give a place to free speech from an epistemic point of view. As a requirement of having epistemic agency, judges like other human beings have epistemological responsibility. Different from the others’ responsibility, judges’ responsibility is connected to their duty of improving the law, which is required by their job as well as the idea of the rule of law and judicial professional principles. Judges should improve the law’s capacity to guide the conduct of its citizens, who are obligated to obey the law. Improving the law also improves the delivery of justice. The ways of legal interpretation and justification are important to improve it. While applying the law, judges can find the law unclear or they may encounter some norm conflicts. In these cases, they
should resolve them to keep the law ‘legally in good shape’, which should meet epistemological requirements. When fulfilling this obligation, judicial free speech on epistemic grounds should not be limited.

Constitutional crisis confronts legal practice with philosophical problems that normally may seem abstract or even purely academic. Among those, there is a question of material (content-dependent) criteria of legal validity, namely whether legal norms may actually have any content and remain binding elements of the law. It becomes palpable due to the legislative initiatives to decriminalize some violations of law committed by governmental officials. Such regulation deserves discussion in the light of theoretical conceptions of the claim to correctness (justice, righteousness) as a necessary feature of each act of enacting or applying the law. Arguably, even weaker conception of such claim, relying on the correctness relative to the public morality reflected in the fundamental values and principles of the positive law, is sufficient to challenge the potential presumption of validity of such decriminalizing provisions entailed by their possible formally accurate enactment.

Using a surname as a trademark or part of a trademark has been the subject of numerous case-laws and has been widely discussed in the literature. However, it seems that after the Messi case (cases C-449/18 P and C-474/18 P), the Court of Justice of the European Union (CJEU) seems to have departed from their previous approach where it was held that surnames in trademarks should be treated as normal signs. In the Messi case, the CJEU, however, ruled that the reputation of Messi – an internationally famous football player – is so well known that an average consumer, seeing the ‘MESSI’ mark placed on clothing, gymnastic or sporting articles and protective equipment, will establish a link between the mark and the sports personality, despite the similarity between the ‘MESSI’ mark to the ‘MASSI’ brand name, a previously registered trademark. However, this ruling gives rise to the following questions, which this article seeks to address:
- How can one prove that someone’s surname is globally recognised?
- Why did the CJEU decide that Messi is better known than, for instance, Picasso who was the subject of the previous case? Who else can be as famous as Messi if Picasso was held not to be?
- Has Messi changed the CJEU’s approach and opened the floodgates to expand trademark protection for an unlimited number of trademarks?

This article attempts to answer these questions.

The author’s goal is to analyze the concept of distributive justice and the possibility of its normative formulation in the Polish constitutional order. The starting point of consideration is the principle of social justice expressed in Article 2 of the Constitution and the model of distributive justice developed on its basis. The author, using formal-dogmatic, theoretical-legal and comparative-legal methods, points out the features of contributive justice and examines the normative and practical possibility of changing the paradigm of the constitutional fair state through a novel approach to justice focusing on equitable contribution, instead of the hitherto dominant distributive pattern. The result of the research conducted is the conclusion that, for reasons justified by the constitutional system and the praxeology of the workplace, contributive justice expands the concept of constitutional social justice in a valuable and desirable way.

The rule of law does not govern all human interactions. There are times when the state bypasses legal constraints, as documented by the World Justice Project. Other times, jurisdictions may be mutually unfriendly and refuse to enforce foreign laws. Blockchains create trust between contracting parties at the individual level, enabling them to transact freely and increase consumer welfare. Blockchains can only supple-ment antitrust if the legal constraints do not impede their development. The law should thus support the decentralization of blockchains so that blockchain-based mechanisms may take over (even if imperfectly) where the law does not apply. With that in mind, we justify the attractiveness of that approach by showing that blockchain causes an increase in the number of transactions by creating trust (Part 1), and that it may overall increase the decentralization of economic transactions (Part 2). The law should take into account where it applies (Part 3). We conclude afterward (Part 4).

The role of alternative dispute resolution (ADR) in the management of cases and disputes in Nigeria and across the globe cannot be overemphasized. The judicial arm of the government is the arm responsible for interpretation of laws in Nigeria and the judiciary’s role in preserving the rights of citizens across Nigeria also cannot be overemphasized. It ensures that the society is stable in the face of insta-bility and ensures that lawlessness is not maintained. The judiciary ensures that laws made by the legislature are obeyed by ensuring that those who violate the provisions of any established laws are punished. In doing all these, it has been established that the system of administering justice in our courts in Nigeria is extremely slow. Considering the foregoing, alternative dispute resolution as a means of settling disputes has been of tremendous help in easing the hardship of getting cases resolved through the court system. This paper examines ways through which alternative dispute resolution has assisted the Nigerian judicial system and the need to use alternative dispute resolution the more in order to ensure that number of cases handled by courts are drastically reduced. Recommendations are made at the end of the research.

The publication examines the legal nature of wars, looks into the law of war genesis, reviews its conventions, as well as identifies the aim, objectives, causes together with the consequences of Russia’s military aggression on February 24, 2022; it provides a testimony on the war of aggression against Ukraine and identifies its threats to post-war international law and order. The aim of the article is to determine the background, nature, fundamentals and nature of the war the Russian Federation launched on February 24, 2022 against Ukraine within the context of confrontation with the values of Western democracy. Historical-legal dialectical, comparative-legal and system-structural methods, as well as methods of formal logic (induction and deduction, analysis and synthesis, abstraction and concretization, etc.) were used to study the issues. The application of these research methods entails a cross-sectoral scientific nature.
Wars have accompanied the entire history of mankind. Since the 17th century the theoretical foundations of the law of war have been laid, which enshrined in international laws and customs of warfare (Geneva Conventions, Hague Convention, etc.) since the 19th century, thus forming the international humanitarian law. After World War II, violations of the latter by the belligerent party are viewed by the world community no less harshly than the mere war. The paper questions the purpose, reasons, conditions and intermediate consequences of the war of the Russian Federation against Ukraine. Obviously, the military aggression and the Russian invasion on February 24, 2022 marked the beginning of the de facto war, under a specific formal definition by a Russian official as a “special military operation” instead of naming it an attempt to avoid legal responsibility for war crimes committed in Ukraine. The article analyses the aggressive nature of this war on the part of the Russian Federation, demonstrates numerous violations of international law conventions by the Russian armed forces during the military invasion and temporary occupied territories in Ukraine. It emphasizes that the law of war has always been replaced by signing a peace treaty and relevant international agreements, which entails the obligation to severe the political, economic, and legal responsibility of the state violating international humanitarian law. The paper reviews the key institutions and legal tools for bringing the Russian Federation authorities to justice for the war crimes committed in Ukraine. So far, the President of Ukraine, the Supreme Council of Ukraine, and the Cabinet of Ministers of Ukraine have managed to apply legitimate international legal
mechanisms, primarily the International Criminal Court and the UN Security Council, to prosecute Russia for violating the international humanitarian law and committing war crimes in Ukraine. At the same time, on the Ukrainian territories currently liberated from the Russian army’s occupation (Bucha, Gostomel, Irpin, etc.), it is already possible to implement a special mechanism of justice, which consists in the collaboration between national and international experts: specialists, investigators, prosecutors, and judges to collect objective and impartial evidence of gross violations of international law and war conventions in Ukraine. It is obvious that for Ukraine today both the victory and just punishment for the committed and continuing committed war crimes on its territory are important. The aftermath of World War II’s “Never Again” now requires, as never before, its effective guarantee and protection

The paper analyzes the concept of integrity of a judge from the perspective of the virtue jurisprudence. There are the judicial virtues specified and described, including integrity as one of the elements of the virtue of justice. Subjective and objective integrity are distinguished, as well as personal, professional and institutional integrity. Integrity of a judge is understood as personal integrity combined with professional integrity and also institutional integrity in which values and aims of the profession are taken into account. Virtue jurisprudence does not provide clear directives for solving legal disputes but it emphasizes the necessity of referring to the dispositions of a judge in order to understand fully the process of judgment. On the grounds of virtue jurisprudence, the integrity of a moral subject if assumed which provides the foundation for trust in the profession of judge and does not allow for the separation of social roles, assuming the possibility of reconciling them with the use of prudence. The problem of conflicting virtues, namely integrity and impartiality in the context of judicial review is discussed on the example of the judgment of the Polish Constitutional Tribunal of October 22, 2020, K 1/20 which illustrates judicial activism. The considerations concerning this example bring about the conclusion that in the most controversial political and moral disputes, political prudence suggest the direction of the virtue of judicial restraint due to deference of democracy and the division of powers.

The article attempts to present the identity of the judge through the metaphor of the role as an interactive ritual. The framework of this ritual can be described by means of both intersubjective factors (e.g. legal rules) and individual factors (the subjectivity of the role performer). I apply this conception to the iconic symbol of justice in public space, which is usually associated with the figure of a woman whose eyes are covered with a blindfold, holding the scales of justice in one hand and a sword in the other. It is a visual symbol of the judge; one that is comprehensible to both lawyers and the public.
In carrying out this task, I refer to sociological and anthropological research in the field of visual culture. This perspective determines not only the subject matter covered by the theses formulated in the article but also the research method. It is assumed that visual representation constitutes a communication channel that has a great impact on individual and social memory. For this reason, the presentation of the role of the image and the methods of its interpretation is important for the debate about the role of the judge and the image of the judge in public space. This approach to the subject, which consists in shifting the emphasis from text to image, also rehabilitates the significance of visual representation in jurisprudence, a field traditionally dominated by the view that law is a linguistic phenomenon.

Fixed establishment (FE) is one of the institutions of the EU value added tax system; its structure is essential to correctly determine the right tax jurisdiction of an EU Member State for the purpose of VAT settlement in situations of cross-border provision of services. However, the legal structure of a FE adopted by the EU legislator (and, consequently, adapted to national legislation of the Member States) causes uncertainty when it comes to its interpretation. In the absence of unambiguously defined conditions in EU law to consider a specific presence and activity of an enterprise to be a FE, interpretation rules contained in judicial decisions
issued by the Court of Justice of the EU play an important role. Among attempts
made by the CJEU to clarify the ‘blur areas’ resulting from the dynamics of modern
business processes, one of the most interesting ones is the possibility of considering
a subsidiary to be a fixed establishment for a parent company. The purpose of this
paper is to analyse legal and economic factors, the fulfilment of which may constitute a condition for considering a subsidiary to be a fixed establishment for
a parent company, with particular emphasis on the ruling of the Court of Justice
of 7 May 2020 in the Dong Yang case (C-547/18).

Abstract The question of compensation of Polish citizens for their property left beyond the Bug river after the population exchanges is among the most complex social, economical and legal issues resulting from the World War II to be solved by the Polish State. Although more than 70 years have passed since this issue has arisen, it remains the subject of numerous national and European court rulings and legislative actions; the significance of the legal solution of the described issue is bolstered by the fact that it is being treated as a “proving ground” for the broader question of reprivatisation. This article focuses on the current Act of 8 July 2005 which was aimed at providing a final solution for settling the claims. However, during the last few years of this act in operation numerous questions and disputes have arisen leading to more than 600 administrative court and Constitutional Tribunal rulings. The subject of this article will be focused on current controversies regarding the subject including the requirements of residence on the former territory of Poland on 1 September 1939, exclusion of non- Polish nationals who are heirs to property owners from entitlement to compensation and legal consequences of nationalization by Soviet authorities during World War II and its aftermath.

This article concerns the problem associated with the nature of the institution of a petition for reconsideration of the case in view of regulation No 16 of the Administrative Procedur Code in the version before the amendment dated 3 December 2010, which entered into force on 11 April 2011. Despite the amendment, to this day the provision is the source of many disputes, which is reflected in a very non-uniform judicial practice. On the basis of this regulation can be observed, how defective constructed legal provisions affect the administration of justice and the application of the law by creating situations in which the courts take over the functions of law making. On the selected example is shown, how one decision of the Supreme Court, being the basis of decisions of courts of appeal, causes that victims defective administrative decision are charged with the responsibility for legislative errors. Knowledge of the matter, which is the subject of this publication, is extremely important for all practitioners as well as theorists of the law because of the importance of the issues, which accompany the main theme. The work is based on an analysis of the concept of finality and validity of administration decision and depth on theoretical consideration and extensive discussion of the judicial practice of administrative courts, civil courts and Constitutional Tribunal.

Franz Kafka’s novel The process is a timeless novel, still valid and alive. It is a description of the state of consciousness of a certain age, a certain view of the world of the author, of the enslavement of man by binding law, because the authorities decide on life and the fate of the human being. „The process” is a novel about a man, who is lost in his own life. The message of the thesis is that the man is born and condemned to live or to die without any explanation. Moreover he is subordinated to the top-down established rights. The judgment, which is death, falls on us without notice. The man is liable for everything that happens in his life and the world around him.

The paper entitled “Counteracting Tax Avoidance and Tax Evasion in Selected EU Directives on Direct Taxes” discusses the provisions of Directive 2003/49/EC, Directive 2009/133/EC and Directive 2011/96/EC that are capable of withdrawing the benefits provided under the directives in the case of tax fraud and abuse, tax evasion or tax avoidance. The paper reviews provisions of the directives and also the case law of the European Court of Justice concerning tax fraud and abuse. The jurisprudence of the ECJ plays a key role in setting standards for regulations on the prevention of tax evasion and avoidance adopted by Member States of the European Union. The paper’s centre piece argument is that the solution adopted by the EU legislator, which shifted the burden of preventing tax escape from the EU to Member States, is ineffective and falls short of fulfilling its proper role. The paper emphasises that many tax payers take advantage of the fundamental treaty freedoms and applicable directives to obtain tax benefits or double non-taxation. Limitations imposed by a strict jurisprudential approach of the European Court of Justice also pose a significant barrier to effective tackling the negative phenomenon of aggressive tax planning based on EU laws, the paper suggests. By assessing the effects of the application of the existing regulations and juxtaposing them with the current scale of the problem, the author presents an argument for changing the direction of measures taken to curb international tax avoidance and evasion.