Saturday, December 5, 2009

my trip to Vienna

Yesterday was kinda rush. Get up @5.30 am, very early fried-cheese-burger for breakfast in Brno and almost missing the train to Vienna. "Crawling" the Austrian capital without the map and transfering from one lecture to another one. I´ve Spent my day in FRA and UNO. The latter was much bigger and more amazing than New York´s. Especially love the fact, that the "tube" (U-bahn) is running exactly before the buildings above the ground level. So you can see the twinkling UNO image beeing distorted by departing trains after dusk. Unfortunately had just a little time for appealing christmas fairs in front of "Rathaus". So .. i´ve definetely decided to make a trip from Bratislava to Vienna by bike. Stay up there for few days biking around and then get back. This summer! So what was the whole thing about? As i didn´t write down the notes, it´ll be just sort of unclear summary.

European Union agency for Human Rights so called FRA

#1 Racial discirimination
The gist of this part was about Ostrava school case. The Roma children beeing allegedly discriminated in Czech school system. As i didn´t read the judgement and just heard rumour about the issue, it was really rewarding for me. For instance i didn´t know, that entire judgement is based on the principle that Czech republic just didn´t carry the burden of proof. Which is established in cases of indirect discrimination as well.

#2 Homophobia (sexual orientation disc.)
Free movement of registered partnerships or same sex marriage? According to FRA´s interpretation of current! primary and secondary Community legislation, if couple married in Netherlands, they have to have a right to enjoy the very same legal status in let´s say Slovakia, where no such legislation exist. I´m in favor of such a law. I just keep wondering, if ECJ would approve such interpretation, because of political implications.
In numbers : 4 states does have such legislation, but 11 are refusing to recognize it. In opinion of FRA, there is no justification for such refusal.

#3 Data retention law
Just a brief introduction. This is the present point of interest for FRA.

Other remarks
# Contractual autonomy in civil law is already limited by anti-discrimination law. It´s still not consisted in terms of scope (e.g. the sexual orientation disc. is just vertical), but allegedly is just about to change to horizontal approach.
# EU Charter is the first document in the world, dealing with sexual orientation discrimination. And of course this is legally binding since first of December. If some folks in our politics just knew :)
# And to don´t forget, i´ve been told that all the studies of FRA could be ordered on the website free of charge, even the shipping is free. What a generosity..
# Quote : "The only way you can´t get a job for 100 %, is to don´t apply."

#4 "???" sth. with the structure of UN ?..
been sleeping, sorry guys ..

Focused on the work of commission. Interesting for me was working group on the Electronic Commerce. As i heard they do work on some kind of modal law for security measures in field of Intellectual Property. As far as i know there is no problem with that in trademarks or patents, but copyright in continental system ? Well, we´ll see. I´ve asked the lecturer, whether UNCITRAL plans to focus on ISPs liability once. He said no at all.

And go on their website, they does have amazing tool for searching the cases, which interpret the law proposed by UNCITRAL, i.e. CISG.

#6 IAEA - Internation Atomic Energy Agency
This was really interesting. Maybe not from legal point of view, but more political one. I do have a different view on the IAEA since. That was probably the point, the guy have been trying to make out of it, throughout the lecture.

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