RJA publikācijas / RGSL Publications

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    Modernization of the current cannabis legal framework and its potential economic gains
    (Riga Graduate School of Law, 2017) Samuša, Annija; Riga Graduate School of Law
    The main topic of the article is to observe the current regulatory policy of cannabis and the reasons why it should be reorganized so that the society could gain largest potential economic benefit. The author basically wanted to prove the need for changes in international cannabis regulation. In order to gain the best results, the author uses legal and comparative analysis research methods and as credible sources exploits mainly drug reports published by international organizations, scientific journal and official government data. The main findings are that the current international legislation regarding cannabis is outdated, ineffective and actually obstructs the society from researching the respective substance and its possible advantages. More liberal and at the same time more specific regulation of cannabis market is found to be more effective to defeat the black market and give benefit to society’s overall well-being. In the conclusion the author recommends to change the international cannabis legislation by presenting several step control mechanisms of the respective substance.
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    Personal data protection in the EU – cooperation and competences of EU and national data protection institutions and bodies
    (Riga Graduate School of Law, 2017) Grava, Laura; Riga Graduate School of Law
    This article focuses on the institutional aspect of European Union (EU) personal data protection. The aim of the article is to identify current problems in division of competences and in cooperation between national and EU data protection institutions. The author analyses these aspects on two levels. On the vertical level, the author analyses the competences and cooperation between national and EU institutions and on the horizontal level – the division of competences and cooperation between different national data protection authorities. As of now, each Member State has different data protection rules and procedures. Moreover, as in the EU context data protection is a shared competence, MS are under the obligation to avoid clashes of interests and competences. But due to the particularities of the current legal setup in the area of data protection, national data protection authorities have different levels of competences, involvement and participation in enforcement and protection of personal data. Even though national data protection agencies are obliged by EU law to cooperate, there are no certain ways or tools to ensure that they do so. And, given the recent Court of Justice of the European Union (CJEU) judgments in Weltimmo, Google Spain, Schrems and other cases involving personal data, the competences and required level of cooperation between national and EU institutions have become more unclear than ever. The author considers that the current legal setup in terms of inter-institutional cooperation is not effective and is prone to creating more problems. As no clear legal mechanism exists, cooperation can become burdensome, complicated, and lengthy, thus failing to ensure uniform application of EU law and assure the legitimate expectations of data subjects or controllers. Moreover, the latest CJEU judgments on the issue of competences of national and EU data protection institutions can cause uncertainties and possible misunderstandings in terms of clear division of powers. It can be expected that in a few years the current problems should be resolved with the implementation of a new EU data protection regulation.
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    A blind casting into the evidential sea: the interplay between fundamental rights and the efficacy of leniency programmes
    (Riga Graduate School of Law, 2018) Kollmar, Christy L.; Riga Graduate School of Law
    This article makes the case that proper protection of Defendants’ fundamental rights, through the enhancement of procedural predictability and increased evidentiary transparency, will lead to more efficient, efficacious and sustainable leniency programmes equating to more fear of violative behaviour detection, an increased acknowledgment of anti-competitive participation, and enhanced overall cartel destabilisation for more balanced competition in the marketplace. With the clear link that exists between the severity of sanctioning, the exploitation of the leniency programme, and the protection of fundamental rights, it becomes imperative that a Defendant’s fundamental rights are not undermined so a later finding of cartel infringement can remain viable under heightened judicial scrutiny. The article provides final recommendations on how to strengthen leniency programmes by and through safeguarding a Defendant’s fundamental rights related to search warrant procurement and execution. The final recommendations provide insight on: Subject Matter and Purpose of the Investigation Burden / Threshold of Proof Procedure on Warrant Execution Obtainment of ‘Follow-on’ Evidence
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    An analysis of the nutrition and allergen labelling rules in the EU and their implications on the common market
    (Riga Graduate School of Law, 2018-11) Stungrevica, Elīna; Riga Graduate School of Law
    The EU Regulation 1169/2011 also known as food information to consumers’ regulation introduced two advancements - a mandatory nutrition declaration for prepacked food as well as mandatory allergen labelling for prepacked foods plus minimum requirements for allergen representation for non-prepacked foods. The article analysis the interaction between the relevant EU laws and Member State regulations. For this study there were four Member States chosen – Latvia, France, the Netherlands and the UK. Article then looks at the legal evaluation and observes the implications to common market. As the possible consequences are named restriction on free movement of goods and market fragmentation. In addition the purpose of Regulation 1169/2011, which is the protection of consumer health, can be jeopardized. The front of pack labelling systems can disrupt balanced diet of a consumer. Products bearing precautionary labels can actually contain allergen traces yet a consumer will disregard the warnings due to advisory label common occurrence. Article concludes by determining that the current food labelling area has encountered two issues yet rules in place does not provide for solutions. Thus the further development in the food labelling area, specifically nutrition and allergen labelling, is to be expected.
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    Succession of states in respect of state responsibility: towards yet another Vienna Convention
    (Riga Graduate School of Law, 2020) Kaplane, Anastasija
    The end of the twentieth century was characterised by a series of state dissolution cases, such as the breakup of Czechoslovakia, the Socialist Federalist Republic of Yugoslavia, and the Soviet Union. In that context, the rules on state succession regained relevance, with the issue of state succession in respect of international responsibility becoming central. The topic first attracted the attention of the academic community and subsequently was chosen by the International Law Commission for study and codification. The present article examines the historical evolution of the rules on the succession of states, providing a review of case law where the Court referred to the concept of state succession to international responsibility, expressly or by implication. The author analyses the wording of the proposed Draft Articles and attempts to establish whether and how the principles of automatic succession and non-succession apply in different circumstances based on the newly developed provisions. The purpose of the study is to identify the advantages and disadvantages of the proposed Draft Articles as well as to discuss whether there is a need for codification of such rules.
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    Human dignity as a foundational value of peremptory norms in international law
    (Riga Graduate School of Law, 2020) Karklina, Kate
    The appeal of the idea of a morally structured, systemized international legal system implied by the jus cogens regime has resulted in an abundance of literature covering different aspects of this normative category. This article discusses a comparatively under-explored issue in this field, that is, the foundational values of peremptory norms and, in particular, invites the reader to consider the value of human dignity as one such underlying value. An in-depth analysis of the definition of jus cogens as included in the Vienna Convention on the Law of Treaties reveals that the values that peremptory norms are believed to represent are intertwined with such notions as the international community, the shared interests of that community, and normative hierarchy in international law. The value of human dignity speaks to the very core of each of these notions. This is demonstrated by the wide recognition of the value in the context of states’ constitutions and broader international legal instruments, as well as in the work of international courts such as the International Court of Justice and the European Court of Human Rights. However, there is no clear understanding of the very concept of human dignity as there are many different conceptions of both the content and function of this value. This article proposes a possible common denominator in this regard, namely, the basic claim of human dignity as an ontological value in the sense of the physical integrity of a person. Mindful of its potential in the context of the development of the international community and the future of the international legal system as such, the examination of this reading of the value shows that indeed it could be considered as one of the underlying values of peremptory norms in international law.
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    On our way to 2030
    (Riga Graduate School of Law, 2020) Riga Graduate School of Law
    Conference Papers on the theme “On our way to 2030: delivering for resilient and prosperous societies” inaugurates a ‘new tradition’ at the Riga Graduate School of Law (RGSL). In this series RGSL hosts several contributions by graduates of the Advanced and Intensive Programmes in European Law and Economics, providing them with the opportunity to publish and make available the results of their research. The subjects covered in the current issue were debated on 10-11 December 2020 within the conference organised by RGSL in cooperation with the Ministries of Foreign Affairs of the Republic of Latvia and the Kingdom of Norway. These subjects cover the themes of human rights, external action of the European Union, the rule of law, and access to justice – all of great topicality nowadays.