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  • Author or Editor: Andrzej Jakubowski x
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Abstract

This chapter critically investigates the dialectics between the concept of Europe’s common heritage and the Member States’ national heritages within the EU constitutional legal framework. The analysis is twofold. First, the chapter explores to what extent constitutional regulations of the EU Member States in relation to cultural heritage may be perceived as those truly forming EU constitutional principles, derived from common constitutional traditions of its members. Secondly, it analyses the evolving notion of cultural heritage within the EU primary law, constantly (re)interpreted in the EU policy documents in light of global developments in the field of cultural heritage governance. Accordingly, this chapter attempts to understand whether and to what extent the concept of Europe’s common cultural heritage, under EU law, goes beyond the sum of Member States’ heritages and their internal cultural policies and regulations which those states reciprocally protect and enforce through the EU legal instrumentarium and mechanisms. In other words, it discusses whether the EU constitutes just a platform to enhance, enforce and reconcile individual cultural heritage interests of its members, or perhaps it is already an organisation that has developed its own constitutional cultural heritage principles, common or collective in nature.

In: Cultural Heritage in the European Union
In: Cultural Heritage, Cultural Rights, Cultural Diversity

Abstract

The quantification of academic performance (research results and scientific publications) has been the subject of widespread academic and public debate in recent years, and is rife with controversy. While referring to key aspects of the current debates, this paper analyses the mechanisms of quantification, evaluation and categorisation of legal research in Poland in the context of the new financial perspective for the academic sector (2022–2025). Quantification of academic performance constitutes the core of the recent Polish reform of the higher education and research sector, set up by the 2018 Act “Constitution for Science”. The Act introduced a new regime which concerns, among others, the indicator-based assessment of universities and other academic centres. However, the indicators of research performance have been constantly changing, undermining the legal certainty and transparency of the entire evaluation process. The area of legal sciences has particularly been affected by inconsistencies. This chapter queries to what extent the ‘quantification of performance’ – based on a variety of mechanisms, both low-tech and machine-driven – is today used to shape the regulatory framework in terms of scientific research in social sciences and humanities.

In: Comparative Legal Metrics
Collective cultural rights are commonly perceived as the most neglected or least developed category of human rights. Cultural Rights as Collective Rights – An International Law Perspective endeavours to challenge this view and offers a comprehensive, critical analysis of recent developments in distinct areas of international law and jurisprudence, from every region of the world, in relation to the scope, legal content, and enforceability of such rights.

Leading international scholars explore the conceptualisation and operationalisation of collective cultural rights as human rights, encompassing community rights, and discuss the ways in which such rights may collide with other, mostly individual, human rights. As such, Cultural Rights as Collective Rights – An International Law Perspective offers a cross-cutting and original overview on how the protection, recognition and enforcement of collective cultural rights affect the development, changes and formation of general international law norms.
In: Cultural Rights as Collective Rights
In: Cultural Rights as Collective Rights
In: Cultural Rights as Collective Rights
In: Cultural Rights as Collective Rights