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Forum Prawnicze, Issue 6 (62) 2020 issue 6 (62) 2020 Table of Contents articles Iwona Wrońska 3 An Axiology of the European Legal Space Zdeněk Koudelka, Aleš Váňa 16 The Limits of the Power of Judges Mirosław Michał Sadowski 24 Millennial Academics, and Gen Z Students: How the Generational Change will Affect Legal Education Małgorzata Pohl-Michałek 40 Various Perspectives Regarding the Effects of the United Nations Convention on Contracts for the International Sale of Goods Yasmina Marie Benferhat 54 All About the Money? Authorship and Copyright in Ancient Rome review articles Tomasz Giaro 67 Victims and Supporters of Nazism vis-à-vis Europe’s Legal Tradition. A New Episode in the History of the Third Reich? Kaius Tuori 87 Reply to a Review on Empire of Law Submission Issue 6(62) | 2020 1) articles – texts should not be longer than 60 000 Published every two months characters. Authors are also expected to attach a ISSN: 2081-688X short abstract in English (not longer than 1500 owners of the journals title characters). Uniwersytet Jagielloński Fundacja „Utriusque Iuris” ul. Gołębia 24 ul. Majdańska 7/74 31-007 Kraków 04-088 Warszawa 2) book reviews – books reviewed should be published during the last year period - in case of Polish editorial board prof. Jerzy Stelmach, Jagiellonian University in Kraków publications - or two years period - in case of foreign prof. Martin Avenarius, University of Cologne publications. Book reviews should not be longer than prof. Gerard Bradley, University of Notre Dame, USA 20 000 characters. prof. Bartosz Brożek, Jagiellonian University dr Gergel Deli, Univesity of Györ prof. Federico Fernández de Buján, National Distance Education 3) glosses – rulings adressed should have a substantial University (UNED), Madrid influence on the case law and should develop or prof. Tomasz Giaro, University of Warsaw dr Phillip Hellewege, University of Augsburg change it in a significant way. Alternatively rulings prof. Sang Yong Kim, Yonsei University, Seoul adressed should refer to the entirely new cases. prof. Hanna Knysiak-Sudyka, Jagiellonian University in Kraków Glosses should not be longer than 30 000 characters. prof. Małgorzata Korzycka, University of Warsaw prof. Michał Królikowski, University of Warsaw prof. Aurelia Nowicka, Adam Mickiewicz University in Poznań We kindly ask all interested in having their texts prof. Francesco Paolo Patti, Bocconi University, Mediolan published in Forum Prawnicze to attach to their prof. Diarmuid Phelan, Trinity College Dublin prof. Marko Petrak, University of Zagreb submission a short biographical note (name and prof. Jerzy Pisuliński, Jagiellonian University surname, degrees and titles, academic achievements, prof. Ewa Rott-Pietrzyk, University of Silesia in Katowice positions held). doc. Pavel Salak, Masaryk University, Brno prof. Adam Szafrański, University of Warsaw prof. Bogdan Szlachta, Jagiellonian University in Kraków All documents should be send to e-mail address: prof. Marek Szydło, Wrocław University [email protected] prof. Christopher Wolfe, University of Dallas prof. Daniil Tuzov, University of St. Petersburg prof. Paweł Wiliński, Adam Mickiewicz University in Poznań Texts submitted to Forum Prawnicze will be a subject prof. Lihong Zhang, prof. East China University of Political Science to the blind review process, results of which will be the and Law, Shanghai basis for the decision regarding the eventual publication prof. Mingzhe Zhu, University of Political Science and Law, Beijing of the texts. editorial staff Editor in Chief: prof. Wojciech Dajczak – Adam Mickiewicz University in Poznań Exception from the rule above is made for the polemics, Secretaries: statements, reports, obituaries and the texts prepared by Lucie Mrázková – Masaryk University, Brno the editorial board (editorials, interviews and reviews of Emil Ratowski – University of Warsaw Kamil Ratowski – University of Warsaw case law). Patryk Walczak – Jagiellonian University Editors: prof. UW dr hab. Leszek Bosek – private law – University of Warsaw rev. prof. Franciszek Longchamps de Bérier – history of law and interdisciplinary works in conjunction with life sciences and exact sciences – Jagiellonian University dr hab. Monika Niedźwiedź – administrative and constitutional law – Jagiellonian University prof. dr hab. Andrzej Sakowicz – penal law – Uniwersytet w Białymstoku dr hab. Marta Soniewicka – theory and philosophy of law, interdisciplinary works in the field of humanities and social sciences – Jagiellonian University dr Grzegorz Blicharz – financing, digitization and bibliometry specialist – Jagiellonian University langauage editing and proofreading Langauage editing: Ewa Popielarz and Michael Roderick DTP: Janusz Świnarski Layout: item:grafika editorial office address The journal is published under the Creative Commons licensne – Fundacja „Utriusque Iuris” Recognition of authorship – Non-commercial use – No derivative ul. Majdańska 7/74 04-088 Warszawa works 4.0 International (CC BY-NC-ND 4.0) www.forumprawnicze.eu [email protected] In the years 2019–2020, the journal is published within the program of the Ministry of Science and Higher Education – “Wsparcie dla 100 printed copies czasopism naukowych”/ “Support for scientific journals.” Copyright © 2020 Uniwersytet Jagielloński Iwona Wrońska An Axiology of the European Legal Space Key words: Hague convention, child abduction, habitual residence https://doi.org/10.32082/fp.v0i6(62).367 1. Introduction for the European legal space in According to Franciszek Long- order to specify its special nature, champs, law is a dual structure not only through a geographical (intended and real), but enriched lens, but primarily through the by a third factor in the form of lens of the values it protects – this basic human values; justice, gov- being why it was adopted as the ernance, and humanism which fundamental objective of these are not something from outside reflections. Defining the European the law but, in a certain sense, legal space and the related analysis remain in the law because of it1. of its axiological dimension and Iwona Wrońska As indicated by Jan Zimmer- the context of legal regulations is Assistant professor at the Department mann, a norm is always created not often the subject of analysis of Public International Law at the and applied on the basis of certain among legal scholars and com- University of Białystok, legal adviser, values, and even the termination of mentators, even though an interest member of the Council of the District its binding force also results from of the representatives of the above Chamber of Legal Advisers, Honorary certain values2. A law cannot arise in the subject-matter of values Consul of Estonia in Białystok. without values nor can it arise on described on the basis of the law of [email protected] the basis of false values and this the European Union or the Coun- https://orcid.org/0000-0002-8945-3545 is why addressing the axiology of cil of Europe can be observed. In law is essential3 in the context of turn, very rarely does one encoun- international law. This all leads to ter a context of research falling a conclusion that studying values under a broader perspective of and addressing the subject-matter perceiving the values established of an axiology of law is necessary and protected by the legal achieve- ments of European international 1 F. Longchamps, Z problemów pozna- organisations, namely the Coun- nia prawa, Wrocław 1968, p. 13. cil of Europe (hereinafter: CoE), 2 J. Zimmermann, “Przedmowa”, in: the European Union (hereinaf- J. Zimmermann (ed.), Aksjologia ter: the EU), and the Organization prawa administracyjnego, Warszawa for Security and Co-operation in 2017, p. 19. Europe (hereinafter: OSCE). Set- 3 J. Zimmermann, “Przedmowa”. ting out the framework of reflec- 2020 | FORUM PR AWNICZE 3 articles tions, they were narrowed down to the European legal and commentators are in agreement in terms of its space, recognising it as the normative space of the effect definition. It is best evidenced by a multiplicity of of European international organisations, that is the terms applied synonymously where it is difficult to CoE, the EU, or the OSCE. A number of factors deter- find broader analyses in which authors would sug- mined this, among which it is worth pointing to the gest a similar understanding of and approach to this regional diversification of de facto normative systems, concept, e.g. general European legal space, European the differences in the legal characteristics of the legal legal order, the European system of the law, European achievements of regional international organisations international law, Europe’s system of the law or Euro- or the cultural differences between regions on a global pean architecture (in a legal sense – author’s note). scale. The term “legal space” instead of “legal system” However, in foreign literature one may encounter was applied for the needs of this research. The latter, the following terms: European legal space, European though appropriate for internal law and international legal area, European area law, European legal system law too, does not capture the essence of the issues. or European law. Studying the practice of the appli- This is because it does not take into consideration the cation of specific terms referring to Europe’s legal fact that the specific nature of legal norms created in space, it is difficult not to notice a specific discretion Europe by states and international organisations causes of their application which, additionally, often does these
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