Group Ikona – International Symposium of Religious Painting, Second Edition, Faculty of Orthodox Theology, Iaşi

Group Ikona – International Symposium of Religious Painting, Second Edition, Faculty of Orthodox Theology, Iaşi

Author(s): Vasile Tudor / Language(s): English / Issue: 1/2012

Keywords: Iaşi; Theology; Orthodox; symposium; sacred art; painting

The international Group Ikona is made up of teachers from Orthodox Christian countries teaching in Ecclesiastical Art sections at Orthodox Theology faculties in Greece, Bulgaria, Serbia, Macedonia and Romania. The objective of Group Ikona is the research, awareness and continuation of Byzantine plastic system and is achieved through symposia organized in Greece, Romania, Russia and Finland. The second edition of the Religious Painting Symposium was held in Iasi, between the 16th and 20th of November 2009, at the invitation of the Faculty of Orthodox Theology in Iaşi, under the patronage of the Metropolitan Church of Moldavia and Bucovina and His Eminence Teofan, Archbishop of Iaşi and Metropolitan Bishop of Moldavia and Bucovina.

Central Actors and Groups in Political Elite: Advantages of Network Approach

Central Actors and Groups in Political Elite: Advantages of Network Approach

Author(s): Tetiana Kostiuchenko / Language(s): English / Issue: 2/2011

Keywords: political elites; affiliation networks; central actors; post-Soviet countries; Ukraine.

Studies conducted inCEEstates by a number of social and political scientists within the elite theory paradigm focus mainly on issues concerning elite circulation and recruitment, struggles between governing and non-governing (contra-) elites. Although, it is still an open question what relational structures, or networks, exist within power elites. This issue becomes even more important when 'interest groups' become the basis for creation of internally circulating 'ruling class' whose members periodically seize key positions in different institutions and collectively capture the decision-making process at the state level. In order to define how elite members co-operate, to identify central individuals and key decisionmakers, one needs to understand the structure of political elite network. This paper contains an attempt to explore political elite networks formation and functioning in Ukraine 20 years after the regime change. Main research questions are: what ties and to what extent are important for political elite members; what clusters exist within Ukrainian political elite network; to what extent the concepts of social capital and interpersonal trust can be employed to explain the formation of joint legislative initiatives. In addition, model of elite network functioning allows the depiction and verification of the role of central players taking into account their relational patterns. Sample included members of the Parliament,Government, and the Presidential Secretariat (almost 500 biographies). Biographical method and in-depth interviews were applied for collecting both quantitative and qualitative network data. Specific software enabled applying various SNA tools and procedures for hypotheses testing and network modeling.

Negotiating the European Emission Trading Scheme: Re-constructing a Calculative Space for Carbon

Negotiating the European Emission Trading Scheme: Re-constructing a Calculative Space for Carbon

Author(s): Aleksandra Lis / Language(s): English / Issue: 2/2011

Keywords: laws of markets; construction; Boundary-making; justification; European integration.

Re-organization of the European Union Emission Trading Scheme-the European carbon market-is a strategic moment when actors come onto the European arena to voice their claims, represent their interests, propose alternative policy solutions and open up controversies for a public debate. By problematizing rules of the carbon market, actors engage in re-drawing boundaries between economics and politics. This paper adopts a constructivist perspective on the studies of markets and examines strategies adopted by the European Commission and the European industrial federation to inscribe their interests into the ETS rules in 2008. Actors provided justifications for their alternative proposals of the European carbon market by constructing an objective market quality-the market efficiency.

Book review: Janine R. Wedel, Shadow Elite..

Book review: Janine R. Wedel, Shadow Elite..

Author(s): Adriana Mica / Language(s): English / Issue: 2/2011

Keywords: shadow elite; power brokers; government; affairs/scandals; corruption

Book Review: Janine R. Wedel, Shadow Elite.

Book Review: Janine R. Wedel, Shadow Elite.

Author(s): Ireneusz Sadowski / Language(s): English / Issue: 2/2011

Keywords: Flexian and flex net; corruption; elite; public sector; contracting out.

From the Editors

From the Editors

Author(s): Piotr Stankiewicz,Radosław Sojak / Language(s): English / Issue: 2/2011

List of conferences organized...

List of conferences organized...

Author(s): Author Not Specified / Language(s): English / Issue: 3/2011

Conferences organized by the Faculty of Law and Administration of the Unieversity of Silesia and the Faculty Foundation "Facultas Iuridica" in 2009 and 2010

La eficacia civil de las resoluciones canónicas de nulidad y disolución del matrimonio en el sistema jurídico español

La eficacia civil de las resoluciones canónicas de nulidad y disolución del matrimonio en el sistema jurídico español

Author(s): Piotr Ryguła / Language(s): French / Issue: 3/2011

Keywords: Matrimonio canónico; Canonical (form of) marriage; Nulidad del matrimonio canónico Nullity of marriage in the Catholic Church; Disolución del matrimonio canónico; Dissolution of marriage in the Catholic Church; Matrimonio canónico en el sistema jurídico

For most of the history of Spanish legislation, a Latin marriage system has been dominant. In it, the state recognized civil relevance in the regulation of marriage by the Church such that someone choosing to enter marriage through a religious ceremony contracted, also from the perspective of civil law, a bond primarily governed by religious law. In contrast, a marriage contracted simply under civil law was governed by precepts of state law. This paper examines the civil effectiveness of canonical resolutions of nullity and marriage dissolution in the current Spanish juridical system, which sets aside a Latin system. Article 6 of the Agreement of January 3, 1979, currently in force between the Spanish State and the Holy See on Juridical Matters, demonstrates that the civil relevance given to Church resolutions no longer is automatic - as it was under the previous system. At the same time, the concordatory norm indicates a willingness to integrate into Spanish legislation more than only rites and ceremonies for the celebration of the canonical form of marriage. In addition to the concordatory norms, this paper examines unilateral rules from Spanish legislation: regulations from Civil Code (Código Civil), Civil Procedure Code (Ley de Enjuiciamiento Civil), and Civil Registry Code (Reglamento del Registro Civil). It also analyzes different doctrinal positions on civil effectiveness of canonical resolutions of nullity and dissolution of non-consummated marriage. This analysis is focused particularly on the perplexity caused by imprecision in the juridical concept of adjustment to State Law, which is disclosed in the texts of both the Concordat and the Civil Code. The paper closes with a study of jurisprudence in this area.

L’humanisme en criminologie et dans la lutte contre la criminalité

L’humanisme en criminologie et dans la lutte contre la criminalité

Author(s): Leon Chełmicki-Tyszkiewicz / Language(s): French / Issue: 3/2011

Keywords: the philosophy of a human; crime; penalty; resocialization

This paper is based on humanism, which assumes the humanistic vision of a human being who makes choices (homo eligens) and a moderate indeterminism of human behavior. This vision also reflects the postulate to respect the rights and interests of a human being. The human perceived as a person who makes choices (which is a hypothesis subject to verification) is the premise of the humanistic paradigm in criminology. According to this paradigm, a relatively free decision is a key element of the genesis of a crime. This decision is in varying extent influenced by different circumstances, which criminology attempts to discover as criminogenic factors. Consequently, penal law must resort to both: repression, which is a reaction to the element of free decision making included in a crime, and resocialization, which is aimed at eliminating or weakening the existing criminogenic factors. The application of penal law should be supported by social policy (e.g. decreasing unemployment).

List of selected monographs by literatures of the Faculty of Law and Administration published in 2009–2010

List of selected monographs by literatures of the Faculty of Law and Administration published in 2009–2010

Author(s): Author Not Specified / Language(s): English / Issue: 3/2011

List of selected monographs by literatures of the Faculty of Law and Administration published in 2009–2010

The Title Covered by the Exclusive Right as the Subject of Legal Protection under Polish Industrial Property Law

The Title Covered by the Exclusive Right as the Subject of Legal Protection under Polish Industrial Property Law

Author(s): Anna Hołda-Wydrzyńska / Language(s): English / Issue: 3/2011

Keywords: Industrial Property Law; trademark; Patent Office

The industrial regulations are addressed especially to entrepreneurs, but non-economic entities can be also covered under the Act of Industrial Property Law. Accordingly, the sign has to fulfil the legal prerequisites – the capability of distinctiveness and the capability of distinguishing. The title fulfils the purpose of the trademark and has the capability of distinctiveness, if it is presented in the graphical way, is uniform and independent. The graphical representability, is expressed by words or graphical structure of the sign. The sign is uniform, when is not too complicated, but laconic and short (however it is not forbidden to register longer phrases like slogans). The independence of the title is presented in the author’s finished statement which introduces to the work. In the case of the distinguishing capability, the sign is researched in connection with the goods and services to which the sign is applied. In this respect it should not be indistinctive (it has to have the sufficient distinctive character), descriptive (it will happen if the titles indicating the matter of the work or the feature of the good and service) and customary.

Condominium – Is English Commonhold in Difficulties?

Condominium – Is English Commonhold in Difficulties?

Author(s): Peter F. Smith / Language(s): English / Issue: 3/2011

Keywords: Condominium; English legislation; holding apartments; residential units; unit holder; commonhold association

The UK Parliament has, by the Commonhold and Leasehold Reform Act 2002 and Commonhold Regulations 2004 created commonhold, a new form of property holding for multi-occupied buildings, as an alternative to the long lease system traditionally used by developers to create apartments in such buildings. Commonhold has attractive features, as by conferring freehold ownership of units within the building on apartment owners, and by providing for rules for the permanent management of the building by a commonhold association, a company which owns the building’s common areas and facilities. A number of defects have emerged with commonhold which are considered in this article. The protection offered by the guarantee against personal liability conferred on unit holders, as members of the commonhold association, is questionable. The lack of any real remedies where a unit holder defaults with the payment of regular assessments required to maintain the building housing the commonhold units is a particularly serious omission. Additional negative aspects could contribute to rendering commonhold unattractive, notably, a faulty prohibition on granting leases for over seven years of residential units. Given the freehold nature of commonhold units and the appetite for freehold ownership, reforms to the legislative rules should be attempting, in the hope of increasing the advantages of the new institution to English purchasers, so that commonhold may eventually enjoy the success of similar institutions in the civil and mixed-law jurisdictions referred to in this article, which contain useful lessons to draw on.

Acquisition of Real Estate by Foreigners in Poland. Principles and procedure

Acquisition of Real Estate by Foreigners in Poland. Principles and procedure

Author(s): Rafał Blicharz,Ewa Przeszło / Language(s): English / Issue: 3/2011

Keywords: Acquisition of Real Estate; foreigners; permission; The Minister of Internal Affairs and Administration; national security; agricultural real estate; company controlled by foreigners

The article is a study to the practical problems of the acquisition of real estate in Poland. The authors applied technical and legal knowledge to show the whole concept of Polish legislator on cooperation with foreigners according to all kinds of Polish real estates. After short introduction, where authors describes several principles on the regulation, the reader is informed that in the light of Polish law, foreigners are divided into two groups, depending on region, that they come from. Citizens or any other legal persons of EU are allowed to acquisition Polish real estate almost with no barriers, and from other countries must follow some special procedure. The biggest part of the article was sacrificed to that procedure and some special exceptions in it. Some of the barriers for persons from countries - members of EU were made only temporarily, and now, they are passed, but the other ones are still active. They are all the issue of the article.

Review: Anthony Bradley, Keith Ewing: Constitutional and Administrative Law. 15th. ed., Longman, 2011

Review: Anthony Bradley, Keith Ewing: Constitutional and Administrative Law. 15th. ed., Longman, 2011

Author(s): Joanna Jagoda / Language(s): English / Issue: 3/2011

Review: Anthony Bradley, Keith Ewing: Constitutional and Administrative Law. 15th. ed., Longman, 2011

Review: Kevin Gray and Susan Francis Gray: Elements of Land Law, 5th. ed. Oxford University Press, 2009

Review: Kevin Gray and Susan Francis Gray: Elements of Land Law, 5th. ed. Oxford University Press, 2009

Author(s): Magdalena Habdas / Language(s): English / Issue: 3/2011

Review: Kevin Gray and Susan Francis Gray: Elements of Land Law, 5th. ed. Oxford University Press, 2009

The Integration of the Mortgage Markets in Europe (Part 1)

The Integration of the Mortgage Markets in Europe (Part 1)

Author(s): Sergio Nasarre-Aznar / Language(s): English / Issue: 3/2011

Keywords: Mortgage; Securitization; European law; Eurohypothec; Trust; Mortgage-backed-securities; MBS; Covered bonds; Mortgage market; Housing finance.

The virtual lack of cross-border mortgage lending in the European Union - E.U., even before the current mortgage and financial crisis, reveals the need to adopt a pan-European mortgage instrument. This article shows how it can be structured such that a common mortgage instrument for Europe could lead to the construction of a true pan-European cross-border mortgage market. It is the so-called Eurohypothec. The model is studied following the objectives pursued by the E.U. White Paper about the integration of the E.U. mortgage credit markets 2007 and also taking into account the causes of the current mortgage and financial crisis -mainly weak legal structures of mortgage securitization processes and their control, in addition to the lack of transparency in mortgage lending. The paper also shows how operations using or based on mortgage loans can be done efficiently, securely, and transparently throughout Europe through the so-called Eurotrust. In conclusion, the writer finds out that the combination of Eurohypothec and Eurotrust is fully compliant with the E.U. White Paper. Moreover, this combination could not only help with the creation of a true pan-European mortgage market but also would help to enhance current national mortgage legislations and to make more transparent and secure several financial operations that involve mortgages.Contents.

Table of Contents

Table of Contents

Author(s): Author Not Specified / Language(s): English / Issue: 3/2011

TOC Isue 3/2011

Editorial

Editorial

Author(s): Barbara Mikołajczyk / Language(s): English / Issue: 3/2011

The present volume contains articles written by experts in various branches of law who come from Poland, Spain and the United Kingdom. The authors present topics on administrative, civil, financial, criminal, and canon law, as well as on economics.

The Concept of the Sector-Specific Regulation under European and Polish Legal Systems

The Concept of the Sector-Specific Regulation under European and Polish Legal Systems

Author(s): Monika Przybylska / Language(s): English / Issue: 3/2011

Keywords: sector-specific regulation; regulation for competition; social regulation; services of general economic interest; universal services; independent regulatory authorities

Nowadays, the regulatory law is very important part of the public law because of various reasons. First of all, a regulatory law refers to competition on infrastructural markets. This means that the whole liberalization process should lead to effective competition between undertakings which provide services of general economic interest. The second reason is related strictly to protection of end-users. In this context, basic rule refers to the concept of the services of general economic interest and universal services. So, alongside the provision guaranteeing and protecting competition (the regulation for competition), provision with reference to guaranteeing consumer's benefits (the social regulation) can be distinguished. Even, when the competition in infrastructural sectors will exist and provisions promoting competition in infrastructural sectors will not be necessary, the idea of the social regulation, will still exist. The third reason is focused on safety of infrastructural sectors, especially energy and railway safety. This fact means that apart from regulatory activities, the regulatory authorities execute typical administrative activities. Finally, in the context of the independent sector regulation, the independent regulatory authorities play the most important role. So, it is necessary, at the national level, to issue regulatory tasks to authorities which are independent.

Performing masculinity in the 2012 presidential campaign: The case of Borut Pahor

Uprizarjanje moškosti v predvolilni predsedniški kampanji 2012: primer Boruta Pahorja

Author(s): Crnović Deja / Language(s): Slovenian / Issue: 075/2014

Keywords: mediatisation; masculinities; gender performativity; depoliticisation

The article examines the presidential campaign of Borut Pahor prior to the 2012 presidential elections by analysing its television and online coverage. Borut Pahor then temporarily took up 46 different occupations, mostly involving manual labour, thus also performing a different masculinity than the one he performed before the election. Due to the mediatisation of politics and eventisation of his campaign, Borut Pahor changed from a new man who is mostly concerned with his looks to a working-class man who puts morality, responsibility and hard work first. By focusing on his competence as a manual worker, Pahor simultaneously helped depoliticise the presidential function.