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Legal Framework Regulating Investigation in European States

Правни оквир који уређује истрагу у европским државама

Author(s): Miodrag N. Simović,Vladimir M. Simović / Language(s): Serbian / Publication Year: 0

Keywords: Investigation;Crime;Crimilan procedure;Court;Prosecutor;Suspect;Police;

Bosnia and Herzegovina is among several European states which have recently enacted their own new systemic procedural laws, which regulate the criminal procedure in a considerably different manner. According to those procedural laws, the model of a criminal procedure in BiH is a mixed, accusatorial and inquisitorial procedure with some features which make it a special model of mixed type of a criminal procedure. Constructively speaking, an ordinary criminal procedure in BiH is consisted of two separate stages: preliminary proceedings (investigation and accusatorial proceedings) and main proceedings.If, for example, a comparison is made with investigation conducted in Spain or England, one may notice big differences which could be described as inquisitorial model still prevailing in Spain (where judicial investigation is still the focus of the proceedings), and as a system of common law which still exists in England (where the focus is placed on public judicial hearing). It should also be noted that the very goal of preliminary proceedings is considerably different. The preliminary proceedings in England are aimed at preparation of main trial, while, for instance, in Spain and Belgium, it is aimed at creating the foundation for final judgment. In that context, a presentation of the systems of investigation in Italy, Germany, Austria and France is offered, in which case the focus is placed on the most relevant issues regarding the investigation in the criminal legislation of BiH. The system existing in Austria and Germany is particularly relevant because the mentioned countries have entrusted the investigation functions to the flexible cooperation of the police and prosecutorial authorities, in which case a considerable attention is paid to the victims’ rights. In the author’s view, the key matter for the criminal justice system is to demonstrate the ability and determination to conduct investigation in any case in which there is a suspicion that a criminal offence has been committed and to perform its tasks in the professional, trustworthy and consistent manner. On the other hand, the investigation must be organized so as to reflect the necessity of securing effectively the rights of the suspect. The court must exercise the function of striking a balance between the opposing interests and rights.

Equality in Rights and Freedoms

Једнакост у правима и слободамам

Author(s): Rodoljub Etinski / Language(s): Serbian / Publication Year: 0

Keywords: Human rights;Equality;Diversity;

The fundamental principle by which the new age begins is that human beings are born equal in human rights and freedoms. The process of universal recognition and protection of human rights started after the Second World War and opened a perspective of equalization of human beings in their rights around the world. The equalization of human beings in human rights does not mean absolute uniformity of human rights. Universal and regional human right treaties leave certain space for adjustment of international standards to local cultural expectations. In spite of the fact that the issue of adjustment of international standards to local cultures is not without certain difficulties, it does not undermine the existence of universal standards of human rights. Overcoming global ideological division of the world in nineties contributes to certain equalization of civil and political rights, on the one hand, and economic, social and cultural rights, on the other hand, in respect to their national, regional and global protection and realization. The first legitimate purpose of national and international organization is protection and advancement of human rights. The main reason of the right to self-determination, proclaimed by the two covenants on human rights, is a protection of freedom of each society to search for the best ways for protection of human rights. On the other hand, everybody is empowered to social and international order that will secure full enjoyment of all human rights for all without discrimination on whatever ground – the principle proclaimed by the Universal Declaration of Human Rights and reconfirmed several times since 1948. In spite of this legal framework, due to various reasons, states and regions are not equal in their achievements in respect to protection and realization of human rights. They differ by their real capacities to satisfy human rights, especially economic, social and cultural rights as well as by their views regarding the best ways of realization of these rights. It may be concluded that it has been achieved a remarkable progress in equalization of human beings in declared human rights or global equalization of human rights at normative level. However, a progress in equalization of human beings in real enjoyment of human rights is much smaller. It is one of the biggest problems of the international community at the beginning of the third millennium.

An Outlook on the Changes of the External Trade Composition of Turkey with her Main European Union Trading Partners: 1996, 2017

An Outlook on the Changes of the External Trade Composition of Turkey with her Main European Union Trading Partners: 1996, 2017

Author(s): Elif Dağdemir Uçkan / Language(s): English / Publication Year: 0

Keywords: External Trade of Turkey; Turkey and European Union; Trade Composition of Turkey; Turkey and European Union Customs Union

The significant role of the external trade for an economy is incontestable. External trade not only helps to the capital accumulation for the industrialization of an economy but also generates employment. Furthermore, external trade which reflects the national production of an economy speeds up the transfer and the usage of the new technology and might increase the foreign exchange supply which is necessary for the balance of payments. Last but not least, external trade serves for enhancing political and diplomatic relations between countries. Along with the incontestable importance of increasing the volume of trade, trade composition and export diversification are as significant as the quantity for an economy. Classical trade theory as well as Heckscher-Ohlin theory that explain the gains from international trade by the static comparative advantage under perfect competition are far from conceiving today’s tangibles and the assumption of trade as an engine of growth deals with short-run economic growth. These weaknesses might be reinforced with a differentiation of trade composition and export diversification. Such a structural change on the external trade composition might then positively affect long-run economic growth. Regarding Turkey’s external trade, European Union has been the main trading partner of Turkey since the entering into force of the Association Agreement. The Association Agreement which aims the full membership of Turkey to the European Union foresees a Customs Union for industrial commodities. The Customs Union between the parties has been constructed upon three different stages, namely the Preparatory Stage, the Transitional Stage and the Final Stage. The Final Stage which reflects the readiness of the parties for the well-functioning of the Customs Union started in 1996. The aim of this paper is to analyse the changes in the composition of trade between Turkey and the main European Union trading partners and to evaluate the changes by taking into consider 1996 and 2017. The conclusions of this paper would give us the opportunity to discuss the actual as well as potential trade composition and export diversification of Turkey at the Final Stage of the Customs Union and might lead to further studies which examine the relationship between export diversification and long-run economic growth.

European Financial Centers – Processes and Tendencies Nowadays

Европейски финансови центрове – процеси и тенденции в съвременните условия

Author(s): Iordanka Stateva / Language(s): Bulgarian / Publication Year: 0

Keywords: financial center; euroclearing

After Britain’s decision to leave the European Union, a new situation has emerged, where smaller European financial centers are struggling to attract, in practice to deprive London at least of a part of its financial business. The main competitors in this respect are Frankfurt, Paris, Luxembourg, Dublin and Amsterdam. The short-term perspectives for London include hardships and partial loss of its financial business. No doubt a part of London City’s business will relocate to smaller European financial centers and that will lead to fragmentation of the financial services industry in EU. Europe has one global financial center – London and this cannot be expected to change in the foreseeable future.

Poetics in the Age of Convergence

Poetics in the Age of Convergence

Author(s): Ewa Szczęsna / Language(s): English / Publication Year: 0

Keywords: digital poetics;convergence;interactive figures;hypertext;link

The aim of the study is to present changes in the structure of text (its structure and ways of creation, figures in particular) in digital discourse. The identity of digital communication is supported by existing signs, texts, and discourses; and how it develops in the process of their adaptation and reinterpretation. The Internet seems to be a really good space in which different discourses become alike. This process results in the creation of new poetics of text and discourse. Digital media modifies rhetorical figures (especially the ontology and functions of those figures), it cancel figures existing in traditional texts (for example, inversion is invalidated because no determined way of reading the text exists), and it creates new ones. In digital discourse words and icons have a multifunctional nature (meaning-making, linking, acting, marking, and signalling the sender’s emotions). Traditional textual forms, which differ semiotically and medially, are combined and transformed, so that the boundaries between forms of expression are blurred.

Towards a Generic Analysis of the Microblog (Based on a Study of Twitter)

Towards a Generic Analysis of the Microblog (Based on a Study of Twitter)

Author(s): Katarzyna Sitkowska / Language(s): English / Publication Year: 0

Keywords: microblog;new genres;multimedia genealogy;theory of genres;Twitter

This article is an attempt to determine the place of microblogs, posted on Twitter, on the Internet or, more broadly in the multimedia genealogy. First, the service itself is presented and mechanisms of its functioning are described. Then its importance for society is mentioned. Furthermore, some crucial issues related to the theory of genres are presented and they constitute an essential introduction to the research methodology. The “guides” on the path of reflection and on the characteristics of microblogs are the “older siblings” of this form of expression: the Internet, journalistic and other genres, whose determinants have already been described. Such an order is matched against another one – the tradition of genres’ description in four aspects: structural, pragmatic, cognitive and stylistic.

From an E-narrative Poem towards an Interactive Work of Art. Media Convergence Illustrated with DOWN by Zenon Fajfer and The Surprising Spiral by Ken Feingold

From an E-narrative Poem towards an Interactive Work of Art. Media Convergence Illustrated with DOWN by Zenon Fajfer and The Surprising Spiral by Ken Feingold

Author(s): Bogusława Bodzioch-Bryła / Language(s): English / Publication Year: 0

Keywords: liberature;Zenon Fajfer;Ken Feingold;borderland of media and literature;new media

The text, using the example of a work belonging to the literary style (Spoglądając przez ozonową dziurę [Detect Ozone Hole Nearby] by Zenon Fajfer) and the interactive art (the installation The Surprising Spiral by Ken Feingold) analyses the idiosyncracy of works positioning themselves at the borderland of media and literature, works both literary (textual, narrative and poetic) as well as media ones (changeable, iconic, set in a computer program, double-indirect), paying attention to the meaningfulness of the disciplines borderland (in this case literary and media studies). The author stresses the reasonableness of the question asked by Katarzyna Bazarnik, whether, by accident, the “Darwinian” evolution of species continues. In the author’s opinion, based on her observation of works belonging to the literary style and the discussed work The Surprising Spiral by Ken Feingold, this question should get a positive answer. And possibly, as an effect of initiation, which has already happened, we will soon be entering the museum-gallery space not only in order to look but also to read.

Turkey’s War in Syria: Prevention or Expansion

Turkey’s War in Syria: Prevention or Expansion

Author(s): Arzu Yılmaz / Language(s): English / Publication Year: 0

Keywords: Turkey’s War in Syria; Turkey; Syria; war;

The international community have mostly perceived Turkish military interventions in north of Syria as the “legitimate right [of Turkey] to protect its borders”, since the Syrian crisis that later deteriorated into a proxy war has revealed a dramatic decline in Middle Eastern states’ capacities to politically and militarily control their territorial peripheries.

The impact of Turkey’s 2019 invasion on North and East Syria

The impact of Turkey’s 2019 invasion on North and East Syria

Author(s): Thomas McClure,Nina Steinhardt / Language(s): English / Publication Year: 0

Keywords: Turkish invasion; North and East Syria; Rojava; Information Center (RIC); Turkish Armed Forces; proxy militias; widespread attacks; systematic looting; systematic attempt; Turkey;

Throughout the Turkish invasion of North and East Syria, the Rojava Information Center (RIC) collected information from a network of sources across the region as well as RIC field teams, documenting the impact of the invasion on civilian populations and infrastructure. The RIC has found that the Turkish Armed Forces and its proxy militias are responsible for widespread attacks on non-combatants, systematic looting and destruction of private property and public infrastructure, and mass displacement of civilians. The RIC documented a clear trend of Turkish forces targeting health workers, vehicles and infrastructure, as well as destruction of water and electricity facilities, bakeries, roads, grain storage facilities, and so on. A number of high-profile human rights violations, such as the field execution of female Syrian politician Hevrin Khalef and the strike on a civilian convoy which left thirteen civilians dead, take place against a background of a systematic attempt to make life unliveable for civilians in the zones Turkey aims to occupy. The forcible displacement of the civilian population in general and the Kurdish, Yazidi, and Christian populations in particular, to facilitate the installation of Turkmen and Arab militiamen and their families,ought to be seen as a process of demographic engineering for which the Turkish government is ultimately responsible.

Coherence, Synergy and Sustainability in the Development of the Romanian Naval Forces in the Medium and Long Term

Coherence, Synergy and Sustainability in the Development of the Romanian Naval Forces in the Medium and Long Term

Author(s): Ovidiu Portase / Language(s): English / Publication Year: 0

Keywords: strategy; transformation; development; naval forces; planning;

Changes in the environment where the Romanian Naval Forces operate determine the need for continuous adaptation and transformation to meet these conditions. The drafting of an institutional development strategy is a necessary, opportune action that ensures the imperative framework for coherent, synergistic, and sustainable development. In this article, the author presents some considerations related to the structure and content, but also the drawing up and implementation process for a medium- and long-term development strategy, along with its applicability and impact on the Romanian Naval Forces. The drafting of a medium- and long-term development strategy would ensure the single vision and synergy needed in the inititation and efficient implementation of all FNR initiatives, programmes, and development projects, useful elements not only to the FNR constituent members, but also to its collaborators, partners, and allies, elements that could pave the way for the convergence of efforts beyond the area of defence for the entire naval domain.

The Japanese Asylum Policies: The Informal Asylum of Syrians in Japan

The Japanese Asylum Policies: The Informal Asylum of Syrians in Japan

Author(s): Yahya Almasri / Language(s): English / Publication Year: 0

Keywords: Syrian; conflict; destruction; displacement; crises; World War II.; war; desperate; safety; approximately; horrors; East Asian archipelago;

The Syrian conflict has caused a massive death toll, destruction, and one of the largest displacement crises since World War II. Since the outbreak of the war, a decade ago, millions of Syrians have embarked on desperate journeys in the hope of restarting their lives in safety. Approximately 6.6million Syrians escaped the horrors of war fleeing to neighboring countries;6.1 million became internally displaced, which is more than half of Syria's population, estimated at 22 million in 2010 (UNHCR 2020). Hundreds of Syrians have settled in Japan, a country with a rigid refugee system that effectively deters both fake and genuine asylum seekers. The refugee recognition rate in Japan has not exceeded 1% since 2011 (Japan Lawyer Network for Refugees 2020). Whether or not it was an informed decision for Syrians to seek protection in the East Asian archipelago, most of them have not applied for refugee status.

Corporate Governance and Banking Sector in the Years of Recovery

Corporate Governance and Banking Sector in the Years of Recovery

Author(s): Dimitar Ivanov / Language(s): English / Publication Year: 0

Keywords: Corporate Governance; Banking Sector; Financial Institutions; Legal Framework; Financial Crisis

The aim of the current report is to observe and explore the reasons for the banking crisis from mid-2007 from corporate governance perspective and how in its response the governing principles have evolved and improved on a global and European level, what lessons have been learnt and what course of action has been taken in the banking sector in the subsequent years of recovery. The study focuses on the current Bulgarian legal and "soft" framework (principles and by-laws) for corporate governance in the financial institutions and search to compare and contrast at what extend the notorious corporate governance documents such as the BIS Principles for enhancing corporate governance, the OECD Principles of Corporate Governance and the European directives are embedded in the national codes and acts and adopted by the banks. An emphasis is also put on the recent shock in the Bulgarian banking problems from the beginning of the second half of 2014.

Big Companies as Quazifiscal Agents – The Experience in Some Countries

Големите предприятия като квазифискални агенти – опитът на някои страни

Author(s): Peter Gavrailov,Sonya Ivanova,Sevda Tas / Language(s): Bulgarian / Publication Year: 0

Keywords: Quasi-Fiscal Agents; Quasi-Fiscal Activities; Quasi-Fiscal Operations; Quasi-Fiscal Practise; Government Intervention

This paper reviews the quasi-fiscal operations and the quasi-fiscal agencies in the context of the contemporary economic reality of predominant neoliberalism. Authors outline certain financial operations which could be attributed to quasi-fiscal practices – crediting of a business entity by a state bank with lower interest rates than the market benchmark; approval for derogation of reserve requirements for certain banks which could use this free financial resource for expansion and profit; bank credit ceilings; varying exchange rate offered by the central bank to different companies one of which could receive more favourable offer, to name a few. The research shares experience in Italy and Germany in this regard and concludes with certain advantages and disadvantages of the government intervention.

Strategic Research in the Age of Social Crises: Young Friedrich Engels in Manchester

Strateško istraživanje u doba društvene krize - Mladi Friedrich Engels u Manchesteru

Author(s): Michael Brie / Language(s): Croatian / Publication Year: 0

Keywords: Engels; Manchester; social revolution; communist international; discursive narratives; Engels as Marxist;

In the article I discuss the process of Engels’ search for a social alternative in the conditions of the pre-revolutionary crisis that struck Europe in the early 1940s. Twenty-two-year-old Engels became enthralled with it when he arrived in London in November, 1842. He was young, rebellious, of a brilliant mind and exploratory spirit. He belonged to a generation whose youth coincided with the culmination of the crisis of the Restoration period. Against this background, I want to look at the period that Engels spent between November 1842 and April 1845 in Manchester, where he arrived from his parents’ home in Barmen.

Slovak Development Cooperation in 2019

Slovak Development Cooperation in 2019

Author(s): Daniel Kaba / Language(s): English / Publication Year: 0

Keywords: Slovakia; foreign policy; 2019; development cooperation; ODA; OECD; NGO; migration; humanitarian aid;

2019 brought with it a number of new strategies, instruments and policies. Nevertheless, the old demons returned and our foreign policy and values continued to be undermined. Two main topics dominated – migration and private sector involvement in development cooperation. While migration framed both the beginning and end of the year, caused heated debates, was the reason minister Miroslav Lajčák submitted his resignation to the president (he later withdrew it) and was a politicized in the parliamentary election campaigns at the end of the year, private sector involvement has attracted less public and social media attention and been less prone to open misuse by politicians. Nonetheless both are equally important for development cooperation.

Alexander’s Arabian

Alexander’s Arabian

Author(s): Miriam A. Bibby / Language(s): English / Publication Year: 0

Keywords: Alexander I, King of Scotland; Scotland; St Andrews; Arabicus; foundation; Arabian; horse; oryx;unicorn;

In 1121, Alexander I, King of Scotland, is said to have donated an equine (“donationis monumentum regium equum Arabicum”) to the church at St Andrews along with other rare and costly gifts. It was led to the altar during a ceremony that reinforced the status of St Andrews as a religious center and emphasized its relationship with the Scottish crown. Some modern commentators take it to be the first reference to an Arabian horse in Britain. There is no further reference to an Arabian horse as an “equus Arabicus” for several hundred years. What animal was presented at St Andrews?

COVID-19 – The Catalyst of a Legislative Reform in the Field of Insolvency

COVID-19 – The Catalyst of a Legislative Reform in the Field of Insolvency

Author(s): Ionel Didea,Diana Maria Ilie / Language(s): English / Publication Year: 0

Keywords: Covid-19; insolvency measures; Law no.55/2020; Law no.113/2020; prospects for legislative reform; compared law;

As the cases of insolvency increase worldwide, thus the articles provided by insolvency researchers and practitioners offer new perspectives for legislative reform. Climate changes, pollution, globalization, digitalization and massive industrialization remain in the shadows of the new challenge of humanity regarding the aggressive spread of the Sars-CoV-2 virus and which painted the picture of society in gray shades, triggering a real health, economic and social crisis. In this sense, Covid-19 becomes a nucleus for a significant reform at the level of each state. The time has come for the judicial system, especially the “key” rules in supporting the economy, such as insolvency, to be upgraded. The speed with which provisional measures were introduced and additions or exceptions to the legislation were regulated in response to the crisis generated by the pandemic, shows us that the dead end in the reform of “obsolete” laws can be overcome. We are almost talking about a “coronavirus law” which could include a series of tem- porary regulations, the legislation discovering perhaps the most diverse and complex form of creation. This pandemic context has contributed not only to the diversification of meanings and to the development of the horizon of legal knowledge, but has managed to revive traditional legal institutions, law being the indispensable vector for transposing the social and economic policies of a State. Beyond these interim measures, however, we must look at the whole, as the effects of the pandemic on certain areas such as labor law, digitalization or the State economy can be long-lasting, and for decision-makers working in the field of insolvency and debt restructuring, the crisis becomes an opportunity for a significant reform. The need for judicial reorganization of business in order to stimulate the survival of viable businesses and save jobs, as a strategy of economic recovery in the coming years, will now “reveal” more than ever the regulations that need insolvency reform and will be born in our culture acceptance of the harmonization of domestic legislation with Union and international standards on best practices in the field. For the moment, we could say that we are facing a “false comfort” of the measures extended by the temporary insolvency legislation, and a much deeper structural reform is certainly needed. Moreover, many of the support measures have expired or are due to an end, which is why a “dilution” of these temporary measures or the reactivation of expired ones could make the difference between survival and collapse, especially for small, with limited cash reserves and narrow margins.

International Business in the Intangible Economy

International Business in the Intangible Economy

Author(s): Ana Barbara Bobircă,Ana Maria MARINOIU / Language(s): English / Publication Year: 2019

Objectives: - To understand qualitative and structural changes in the contemporary economy - To understand new concepts, specific to the intangible economy - To identify the role and relevance of services - To investigate the relationship between services and competitive advantage along the value chain - To identify the modes of supply of services on the international market - To explain the OLI paradigm and its relevance for understanding the international expansion of services companies

Resource-intense Treatments in a Resource-finite Environment

Resource-intense Treatments in a Resource-finite Environment

Author(s): Richard Wai Ming Law / Language(s): English / Publication Year: 0

Keywords: Charlie Gard; Alfie Evans; children law; law; ethics; medical crowdfunding; healthcare; paediatrics; childcare; life sustaining care;

Resource-intense medical treatments place significant financial burdens on healthcare systems especially in the provision of life sustaining care to critically unwell patients. Although decisions on whether to continue life sustaining treatments are typically based on medical need and likely clinical benefit, discussions on available resources and how they are best allocated remain relevant to healthcare professionals. The legal cases of Charlie Gard and Alfie Evans provide an important backdrop to the discourse on resource allocation. Both have successfully utilised medical crowdfunding to raise significant funds of their treatments. This chapter discusses the clinical and legal implications of limited resources and the nature of the impact that medical crowdfunding exerts on resource allocation.

Gard and Evans

Gard and Evans

Author(s): Abhay Vaidya,Sourabhi Sahakari / Language(s): English / Publication Year: 0

Keywords: Charlie Gard; Alfie Evans; public hospital; India; healthcare; medical ethics;

Although Charlie Gard and Alfie Evans were treated in public hospitals where the costs of treatment were borne by the UK’s National Health Service (NHS), the management decisions were not influenced by cost implications, and health professionals acted in their patients’ best interests. By contrast, in a developing country such as India, very few government-funded hospitals match the resources of the NHS. Private healthcare is expensive, and socio-economic, cultural, religious, political and legal issues influence the treatment decisions. In this chapter, the authors analyse why the NHS is unique compared to developing countries such as India.