Institutional Vulnerability in Law (Ius, Lex et Res Publica)

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The book aims to analyse the various aspects of a vulnerability that is or should be identified in different legal systems, international law and European and national law. Meanwhile, the central assumption of this book is that vulnerabilities, which are often not visible at first glance, are multi-layered and intersectional and, therefore, require a cross-cutting approach and a step-by-step case study. This can prove challenging for those who create laws and those who implement and enforce them. Readers can learn about other dimensions of vulnerability and other specific actors, such as criminal victims, AI users, public sector users, municipal units and minority shareholders, as well as about the vulnerability of various actors from the perspective of environmental and climate change regulations.
The book aims to analyse the various aspects of a vulnerability that is or should be identified in different legal systems, international law and European and national law. The book aims to analyse the various aspects of a vulnerability that is or should be identified in different legal systems, international law and European and national law. Meanwhile, the central assumption of this book is that vulnerabilities, which are often not visible at first glance, are multi-layered and intersectional and, therefore, require a cross-cutting approach and a step-by-step case study. This can prove challenging for those who create laws and those who implement and enforce them. Readers can learn about other dimensions of vulnerability and other specific actors, such as criminal victims, AI users, public sector users, municipal units and minority shareholders, as well as about the vulnerability of various actors from the perspective of environmental and climate change regulations.

Chapter 1 O. SITARZ: Discrimination and Vulnerability. Old Problems and New Questions - Chapter 2 M.A. DE RIVERA LEÓN: Vulnerable Groups and Supermajority Rules in Constitutional Adjudication. From a Theoretical Insight to a Comparative Perspective - Chapter 3 M. PITERMAN: The Intersection of Vulnerability, Resilience, and Antifragility in the Legal Decision-Making Process. An EU Law Perspective - Chapter 4 D. IWAN-SOJKA: Machine-Learning Transparency for the Vulnerable: An International Human Rights Law Perspective - Chapter 5 I. GREDKA-LIGARSKA: A Person Injured by an AI System vs an AI Operator. Non-Contractual Civil Liability from the EU Legislation Perspective - Chapter 6 M. OLIVEIRA MARTINS: A New Poverty Law? Addressing the Inadequacies of International and European Law and Filling the Gaps Identified at the National Level - Chapter 7 D. BONSIGNOR: The Protection of Vulnerable Victims Through Substantive Criminal Law: Some Insights from the European Context - Chapter 8 E. RADECKA, G. RADECKI: Public Participation as a Guarantee of the Ecological Safety of Vulnerable Entities in Light of European Standards - Chapter 9 P. PINIOR: The Protection of Minority Shareholders: A Comparative Approach to a 'Trapped' Shareholder - Chapter 10 D. GREGORCZYK: Judicial Review of Local Anti-LGBT Resolutions in Light of the Principles of Polish and European Law - Chapter 11 W. SZAFRANSKA: State Assistance to Dependents. The Precursor German System vs the Fragmentary Polish System - Chapter 12 S. OWCZARCZUK: The Vulnerability of a Municipality Regarding VAT - Conclusions

Monika Jagielska is Professor at the Faculty of Law and Administration at the University of Silesia and leads the research group on European private international law.

Barbara Mikolajczyk is Professor at the Faculty of Law and Administration at the University of Silesia. She specialises in international public law and human rights.

Piotr Pinior is Professor and Director of the Institute of Law and Deputy Dean for Research at the Faculty of Law and Administration at the University of Silesia.

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