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Open research questions in European and International Law Studies

83 unresolved questions extracted from the limitations and future-work sections of 4,536 European and International Law Studies papers in our library. Each links back to the study that raised it.

What the literature leaves open

  • Limitations and Future Research This study is limited by the evolving and reactive nature of CJEU jurisprudence; as the Court can only act within the scope of submitted cases, the resulting legal framework remains somewhat fragmented.

    Features of Judicial Precedent as a Source of EU Tax Law · 2026 · DOI

  • Detailed considerations led to the conclusion that what remains to be discussed is not the direction of interpretation according to which the patient in the last period of life has an extended scope of autonomy, but the degree of this extension, because a democratic state ruled by law should not allow the patient to be objectified, even for medical reasons, in a manner reminiscent of the dehumanization of human beings in totalitarian and authoritarian systems.

    Prawo do umierania w spokoju i godności jako instrument ochrony prawnej pacjenta przed praktykami charakterystycznymi dla systemów totalitarnych i autorytarnych · 2025 · DOI

  • It is not fully known what influence the radically different, legalistic axiology of Norske Lov, which replaced the law of Magnus VI in 1687, had on the application of law in Norway.

    Tradycja prawna Norwegii – uwagi z perspektywy 750. rocznicy powstania Landslov króla Magnusa VI · 2025 · DOI

  • However, Serbia's experience with the state of emergency during the COVID-19 pandemic in 2020 indisputably pointed to the fact that the Constitution, as a fundamental legal act, can never regulate the state of emergency in such a precise and detailed manner without leaving some open questions which may only be answered in practice.

    The Constitutional Court of Serbia vs. the Constitution: Doctrine on the "substantive" law-making authority · 2025 · DOI

  • Research limitations/implications: The analysis was limited to the origins and the main subsequent legislative activities aggravating the state of non-compliance with the rule of law in the area of Polish judiciary during the period of the government formed in the years 2016–2023 by PiS.

    Can You Count on Luck Without Buying a Lottery Ticket? Predictions on Obtaining Funds From the National Recovery Plan in Light of the Debate on the Rule of Law in Poland · 2024 · DOI

  • The purpose of this study is to present unknown and little known facts about the participation of the Sofia representative Hristo Todorov Stoyanov in the Church National Assembly in 1871.

    Hristo Todorov Stoyanov’s Participation in the 1871 First Church National Assembly in Constantinople · 2022 · DOI

  • The paper examines the attendant issues with regard to conflict of laws, with the conclusion that it remains unclear whether legal presumptions arising from possession should be qualified by the lex rei sitae doctrine (per the Introductory Act to the German Civil Code, Article 43, Subsection 1), instead as ‘rights over an object’ (under that article’s Subsection 2), or in line with procedural regulations (lex fori).

    Zum kollisionsrechtlichen Umgang mit sachenrechtlichen Eigentumsvermutungen aus dem Besitz · 2021 · DOI

  • The king’s programme proposed in pre-Sejm documents was rather sparse, with Jan III attempting to avoid controversial points, which he promoted unofficially through the intermediary of the sejmiks, at which his adherents guarded the interests of the royal court.

    Proces legislacyjny na sejmach w czasach Jana III Sobieskiego (1674–1696) · 2021 · DOI

  • As provided in the justification for the Court decision, for the purpose of assessing specific state of affairs, each time the purpose that data processing is supposed to serve should be investigated in addition to the permissible conditions of personal data processing (as well as personal data collection) that are defined in the Personal Data Protection Act.

    Przetwarzanie danych biometrycznych pracowników w świetle orzeczenia NSA z dnia 1 grudnia 2009 r. (I OSK 249/09) · 2021 · DOI

  • Although a systematic regulatory approach to automated administrative decision-making is lacking, an analysis of the provisions of the GDPR concerning profiling algorithms and automated decision-making may prove rewarding, given that they may directly affect the procedural rights of parties in proceedings before national authorities.

    Digitizing the public administration and safeguarding individual rights: automated decision-making at the intersection of the GDPR and Polish administrative procedure · 2021 · DOI

  • In particular, open questions about the »right« to the family group conference, the assessment and criteria for referring family members to the conference, including the fact of initiation of the court procedure or if the proceedings are already pending, as well as the legal force or effectiveness of the plans achieved in the family group conference will be discussed.

    KAKO ZAKONSKI REGULIRATI OBITELJSKU GRUPNU KONFERENCIJU U HRVATSKOJ? · 2021 · DOI

  • Moreover, after the intervention of August 1968, Czech statehood was limited by a so-called Brežněv doctrine, which was based upon the idea of limited sovereignty of countries belonging to the Soviet Block.

    Státnost česká a československá · 2020 · DOI

  • On the other hand state citizenship is a concept denoting “legal relationship and sometimes bond, permanent in time, unlimited to a place, between a natural person and a state, which usually cannot be discharged unless the natural person wishes to do so, on the basis of which mutual rights and obligations arise to its subjects”.

    Státní občanství a naše státnost · 2020 · DOI

  • Secondly, the author points out that analysis of the role of pouvoir constituant» in contemporary constitutionalism should not be limited to analysis of the „constitutional moment” only; the significance of constituent power should not be seen just in the framework of the one-off act of making the constitution.

    Władza konstytuująca jako przedmiot badań nauk prawnych · 2018 · DOI

  • The process of stigma occasionally appearing in relevant criminal justice decisions points to the fact that legal certainty has not yet been established regarding judicial practice in terms of the time of the conflicting rights of defense, but also of the worrying arbitrariness of the decisions, particularly as regards non-compliance with a higher court.

    Trenutak realizacije konfrontacijskog prava u kontinuumu kaznenog postupka · 2017 · DOI

  • However, by reforming the administrative court procedure, the legislator was not only realizing constitutional rules and obligations but also realizing the provisions of international agreements, including but not limited to the Convention for the Protection of Human Rights and Fundamental Freedoms, and also referring to the recommendation of the Committee of Ministers of the Council of Europe so that the future act ensured, above all, the protection of broadly defined human rights.

    Prawo do sądu a reforma postępowania sądowoadministracyjnego · 2016 · DOI

  • There are several reasons why this area should be studied (the attractiveness of raison d'état as a scientific category in political science, the usefulness and validity of studying raison d'état which may be corroborated by the relevance of this research category and the Polish specificity of the understanding of reason of state).

    RAISON D’ÉTAT – RESEARCH CHALLENGES · 2015 · DOI

  • In order to ensure the control of the self-regulatory mechanism of the implementation of that law, the rational use of material, human resources, avoid duplication of functions, it is advisable to set the state and municipal institutions and agencies to pursue independently (at no additional investigation of COEC) and apply official responsibility for said law violations.

    Administracinė ir tarnybinė (drausminė) atsakomybė už viešųjų ir privačių interesų derinimo valstybės tarnyboje pažeidimus: Kai kurie probleminiai aspektai · 2014 · DOI

  • The author also states that the theory of legal language could be studied only in the context of legal language, used by professional lawyers who deal with legal practice and legal education, as well as in opposition to the other object languages, from which legal language takes its linguistic forms to communicate the content belonging to various fields of legal regulations, as well as in opposition to general language which constitutes the ethnic basis of legal language.

    METODY BADANIA JĘZYKA PRAWNEGO WOBEC ONTOLOGICZNEJ NATURY PRAWA · 2013 · DOI

  • In the article, the problem is analysed that until now in Lithuania there has been a lack of consensus among the formed state, regional education policy, provided service quality and provision of users’ needs to guarantee a possibility for a child to use the services provided by the state, giving as many various education services as possible, meeting child/youth needs, and constantly seeking for the quality of educational, social and other services.

    Švietimo politikos, ugdymo kokybės ir paslaugų vartotojų poreikių tenkinimo sąsajos · 2013 · DOI

  • In case of no agreement of the parties or any provision of law regarding fault as the necessary prerequisite for contractual liability, in Lithuania, similar to France, the distinction between the obligations to produce a given result and the obligations to use reasonable care is essential: according to Article 6.

    Sutartinė atsakomybė: grįsta kalte ar be kaltės? · 2011

  • Taking into account that proper implementation of co-ownership rights is based on common agreement of co-owners, when no agreement is reached between co-owners regarding the fact and the mode of partitioning, a question arises on what conditions and to what extent the co-owner is free to implement his right to demand partitioning of his share from the common partial ownership.

    Atidalijimo iš bendrosios dalinės nuosavybės įgyvendinimo problemos Lietuvos teismų praktikoje · 2009

  • In the early Roman legis actio and per formulas judicial procedure prevailed the principle of parties competition, which meant, that it lay upon the parties to look after evidence, while the judge could influence evidentiary procedure just indirectly, for instance, through the refusing decision under the ground of lack of evidence.

    Įrodinėjimo proceso teisinis reglamentavimas romėnų teisėje ir jo įtaka Lietuvos ir Švedijos civiliniam procesui · 2008

  • Despite that there is no consensuses of whether the passive representation always leads to the active one, the authors of the article keep a premise that most often the passive representation leads to the activeone, but it may become a negative point if the passive representation is not the sharp one.

    Representation Asymmetry and Business Penetration in Public Policy: the Case of Klaipëda Local Self-Government · 2006 · DOI

  • to to Parliamentary Commissioner’s Office. that effect law, for his conduct of office, he shall submit a the the Folketing’s Committee on 2. If the Parliamentary Commissioner deems that other persons coming within his jurisdiction have committed crimes in public service or office (Penal Code, Chapter 16), he may order the prosecuting authorities to institute preliminary the ordinary law courts. to bring a charge before investigations and 3. If the Parliamentary Commissioner finds that the misconduct of a civil servant is of such a nature as to warrant disciplinary prosecution, he may order the administrative authority concerned to institute disciplinary investigations. the subject matter of a complaint gives the Parliamentary commissioner no occasion for action, he may always state his views on the matter to the person whom the complaint concerns.

    The Scandinavian Ombudsman · 1960 · DOI

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83 open questions have been extracted from the limitations and future-work passages of 4,536 European and International Law Studies papers in our library. Each one below links back to the study that raised it, so you can read the original claim in context.

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