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One of the main consequences of the King Alexander I Karađorđević’s personal regime was an administrative rearrangement of the state that formed new administrative units called banovinas. Historiography to date has not shed much light on the circumstances under which the banovinas were formed. Studies show that this issue occupied much of the attention of the king and his court, and that the best experts were engaged. At the beginning of the dictatorship, banovinas and their bans were used as a means through which the proclaimed ideology of Yugoslavism would come into being in the form of a single Yugoslav nation. The starting point was to remove national and historical borders between Serbs, Croats, and Slovenes, which were regarded as the culprits behind divisions within the population. Presenting federalization as derived through banovinas as administrative units served to conceal their true function in the process of building a unified state. Following the death of King Alexander I Karađorđević, there was an abundance of support for the idea of banovinas as administrative units and as part of the foundation of the Yugoslav state. After only ten years, the borders of the banovinas, as defined by the September constitution, were changed due to the creation of the Banovina of Croatia. This act annulled all the principles of the 1929 administrative rearrangement. The further fate of the banovinas was determined by the Second World War, in which the Kingdom of Yugoslavia as a state disappeared. Based on an analysis of available archival material, periodicals, memoirs of contemporaries and historiographical publications, the intention of this study is to show how the banovinas, as new administrative units, were used to serve the king’s personal dictatorship. Opinions of the Banovinas as parts of the administrative system are mostly negative. However, in a broader context, they brought progress and prosperity to certain areas of the state.
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Through the history, in many countries with different cultures, the children have been abused and have been forced to engage in a conflict because of the poverty, or their parents have sold them in ability to feed them, but most of them are either kidnapped or manipulated in order to join the terrorists. In the previous century, a great number of international conventions became effective in order to restrict the children`s involvement into the armed conflicts. The most important convention is the Geneva Convention, a convention adopted on August 12 1949. It clearly states that both sides in conflict must take all measures of not recruiting children who have not turned 15 years of age and must not be involved directly in the conflict. In this paper, we will analyze and see if these conventions are respected and how are implemented.
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Human trafficking is the only part of transnational organized crime in which women are notably represented – as victims, perpetrators, and as activists seeking to combat this crime. Woman trafficking is a large and rapidly growing component of transnational organized crime. The paper focuses on the main aspects and trends in women trafficking and expands upon the knowledge of activities carried out by human traffickers with a focus on links to organized crime. Particularly, the paper implies to answer the question, “What link exists between women trafficking and organized crime?” This paper aims to research women trafficking in the post-Yugoslav societies and to gain better understanding of this phenomenon that represent one of the security problems for this region. The violent Yugoslav disintegration and economic decline altered traditional social relations in ways that led to more exploitative trafficking exchanges of women and young girls and the proliferation of new networks of suppliers, distributors, and clients. More research in this field would allow a comprehensive understanding of the underground alliances and the different roles organised criminal groups can play in this context
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As a result of the Decree of the President of Romania no. 195 of 16 March 2020 by which it the state of emergency was declared, employers sought to identify, where possible, solutions for continued employment for their employees. Telework and work from home have been considered viable alternative solutions in certain areas, allowing employees to work in conditions that would ensure their health protection. In other cases, employers decided on the suspension of individual employment contracts or even dismissal. This study aims to analyze the terms in which the right to work has been affected during the state of emergency, the legal solutions that could be identified but also the controversies arisen.
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The right of exception established during the state of emergency provides for measures aimed at the sphere of manifestation of the right to free expression, such as to affect its full exercise. The special state of emergency recently ruled in Romania includes a series of measures in the field, derived from the general obligation of public institutions and authorities, as well as private operators to contribute to the public information campaign on measures adopted and activities carried out on the national level, in connection with the COVID 19 pandemic. In the event of the spread of false information in the media and online on the evolution of COVID-19 and on protection and prevention measures, public institutions and authorities shall take the necessary correctly and objectively the population in this context. For the application of the measures provided in the decree instituting the state of siege or the state of emergency, the military authorities, as well as the other public authorities provided in the decree have a series of attributions, among which to temporarily suspend the publishing or broadcasting of publications or programs. radio or television stations (art. 20 letter k) of the GEO no. 1/1999). A legal rule must regulate in a unitary, uniform manner, set minimum requirements applicable to all its addressees and not allow arbitrariness or abuse. From this perspective, the content and application of the provisions aimed at removing from the public space fake news about the evolution of COVID-19 and the protection and prevention measures, generated controversy and activated institutional mechanisms to clarify them. The norms in question consequently generate an impermissible margin of appreciation of the competent authorities, in connection with determining elements of the administrative decision, some identified by the Ombudsperson in the context evoked: the notification procedure and the one through which the spreading of fake news is monitored in the context of the COVID-19 crisis; the legal framework (non-existent) comprising the criteria for establishing the “news” content and its “fake” character; the perspective from which the news about which there are suspicions regarding the authenticity, credibility of the sources, but also of those with a scientific basis are analysed; the way of performing the analysis, in relation to the content of the information, their authenticity and accuracy, the credibility of the sites that host the information, the credibility of the sources but also the purpose pursued by publishing that information; the procedure for adopting the decision implementing the measure. Regardless of their nature and content, the tools meant to combat the phenomenon of fake news will have to pass through the filter of fundamental rights and freedoms, in order to avoid the situation of combating tomorrow's misinformation with the legal instruments of the past..
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The establishment of a state of emergency at national level can lead to legislative measures leading to a limitation of people's fundamental rights, as they are known and protected in a democratic society. Interception, GPS tracking or restricting the right to free speech are measures that, in exceptional situations, such as a state of emergency, could be considered justified. However, the applicability of the principle of proportionality must not be forgotten in this situation as well, as less invasive privacy solutions are preferable. At the same time, the principle of legality requires the express regulation of the methods by which they may be carried out, of the conditions that must be met in order to have recourse, even in exceptional cases, to such measures by the bodies competent to implement the measures.Starting from the current regulations and the decisions of the relevant Constitutional Court, analyzing some of the measures taken at national level or in other states during the state of emergency, the article presents a vision of the "acceptable" limits of interference with the private life brought by state of emergency, for the common social interest.
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The medical and the legal fields are sciences between which the causal relationship can sometimes be difficult to identify for lay people. In a context in which globalization is a phenomenon, the populations are aging, in addition the difficulties created by the pandemic period, so the medical services are increasing exponentially compared to these conditions, therefore the medical staff is facing more and more situations in which medical malpractice is invoked. Incuring the medical liability of the doctor and of the employing unit is justified by the regulation in the Romanian Constitution of the right to health, but, equally, they must be offered professional independence through the compulsory insurance of professional medical malpractice, also meant to protect the patient.
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After a summary examination of the mechanisms that develop the unilateral and conventional resolution, the author finds that the specific formalism established by the civil code for achieving the objectives of the pacts agreed by the parties is - in some situations - difficult to fulfill, in the context in which the partners do not know or cannot rigorously follow the steps required by the delay procedure.The uncertainties that the mechanism can produce in special conditions are observed and, then, practical solutions are suggested, starting from the premise - generally accepted - that the commission pact is itself a subsequent and accessory convention to the fundamental contract.
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Crimes against life and limb are crimes that constitute a violation of the physical and mental integrity of a person, and are classified as crimes of violence. These criminal acts have been subjected to penalty ever since the first written regulations or codes appeared with the aim to preserve and protect life and body as the most important human and social values. Having in mind the consequences of committing crimes against life and limb, it is clear that the primary task of every state is to work towards their suppression. The precondition for the realization of this task is reflected in the exploration of their criminological characteristics in order to create effective prevention measures through the understanding of the causes of this phenomenon and a comprehensive approach.
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One of the oldest human activities is the trade of goods, services, money and other property values both within a country and abroad. Foreign trade business has an exceptional importance for socio-eco-nomic relations between countries. Each state independently regulates the trade of goods and services. However, no state economy is self-sufficient, so its need to join the international markets is quite justified. Through a mutual trade cooperation, states transfer the effects of the concluded agreements beyond their borders, and the need for the unification of certain norms is absolutely necessary, as well as the regulation of the issue of a breach of contractual obligation and compensation for damages as a consequence resulting from such a thing. Some countries have a fear of ratifying the international rules, because they think that the accepted solutions would be contrary to their national legislation. There is mentioned only one of the reasons for the states resistance, as well as the difficulties in achieving the unique acceptable solution. This paper analyzes the concept, the importance of foreign trade business for countries, then the rights and obligations of the contracting parties and the compensation for damage due to a breach of a contractual obligation by non-performance in the sales contract
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In accordance with the Law on Insurance and the Law on Accounting and Audit, insurance companies in Serbia are required to prepare financial statements. These materials are submitted to the Agency of Business Registers and the National Bank of Serbia from 31st December of the reporting year according to the Law on Accounting and Audit. Insurance companies which undergo a change in a legal position, such as mergers, divisions, i.e. sales, have to submit financial statements with a cut-off on the day determined by the decision on the change of a legal position or on the day determined by the sales contract. Furthermore, financial reports are submitted in the cases of the insolvency proceedings or liquidation of an insurance company. The notion of audit in an insurance company has its importance from the Insurance Law itself, in which the entire Chapter 9 is dedicated to the audit of financial statements. It deals with the performance of the audit, prior consent to the selection of the audit company, liabilities of the audit company, and the check of the audit report and the notification of the body responsible for supervising the audit. The significance and role of audit in an insurance company is far broader, which will be explored later in this paper.
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The technological development of the affective and intelligent artificial agents capable to communicate with emotional expressions is a blessing and a curse. Affective systems, i.e. the emotionally designed and programmed artificial agents and new types of nudging technics empowered by artificial intelligence (AI) have taken focus in the international literature. The main human expectation of a human-like robot is to show empathy; therefore, the development of the emotional AI is essential for the new technology in order to gain trust. However, the affective AI can be applied in an abusive way or for an illegal purpose, which is also prohibited by ethical guidelines worldwide. The artificial emotions could create a false impression of human connection or interaction or could generate false sense of bonding. The emotional AI may affect vulnerable and susceptible persons, so that it may have unethical and harmful influence upon their minds and the freedom of their decision-making process and choices. Counterbalancing these threats, new generation of human rights is emerging. In the following, only one relevant field of protective law measures against harmful affective AI will be touched upon: misleading or manipulative advertising as unfair commercial practices within the broad context of the consumer protection law.
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Doctors should do what is best for their patients, should not do any harm, and allow individuals to manage their own healthcare choices. These principles apply to medical research in tandem with clinical practice. How do we know the best treatment for a particular condition? How do we know that a new treatment (medicine) does not cause any harm? We could guess, "try and see what's going on," or we could design a clinical trial with defined endpoints, a statistical analysis, and monitoring adverse events to gain proof of benefit. Clinical studies provide some knowledge to practice medicine in an ethical manner. Are there regulations on clinical trials of medicinal products? What is the framework for authorization of clinical trials in the EU? The Regulation UE establishes a uniform framework for the authorization of clinical trials in all Member States through a single evaluation of the results, facilitating international cooperation in clinical trials, in the development of special treatments. Also, simplified experimentation rules are introduced which provide authorized medicines or used medicinal products based on scientific evidence published. A challenge for stakeholders is the complex processing procedures and shorter implementation times in comparison to the previously regulations, for the development of innovative medicines.
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L’élargissement de l’Union Européenne est l’une des questions les plus débattues de nos jours: bien qu’il y a plus de pays qui ont acquéri le statut de pays candidats, certains états membres insistent afin que les vingt-huit – bientôt vingt-sept – membres doivent aspirer à atteindre une cooperation de plus en plus profonde. Quels sont les arguments de l’une et de l’autre partie? En outre, quel «modèle» pourrait s’opérer entre eux à l’avenir? Mon étude ci-contre tente d’apporter une réponse à ces questions, en considérant principalement les aspects légaux.
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The Brexit was an extraordinary event that envisaged new situations and their adequate solutions. It is therefore essential to examine the legal issues that will arise during the exit, of which I will examine the impact of Brexit on the status of EU citizens, referring to both for EU27's EU citizens living in the United Kingdom and for British citizens residing in the remaining Member States. For the latter, the EU citizen status is likely to cease ipso iure by the UK’s exit. During my researches, I have given high priority to the freedom of movement and residence, which is, on the one hand, a partial right of Union citizenship, on the other, one of the foundations of the internal market.I examine the general effects of Brexit, and the situation of British citizens living in the United Kingdom, then of those Brits who live in the EU, and finally of EU citizens living in the UK, with special attention to the student mobility. With the exit of the UK, millions of British citizens, who have previously been also EU citizens, will be bereft of this right and be considered as third-country nationals. Thus, I consider necessary to present the status of third-country nationals.
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Quel rôle les droits de l'homme jouent-ils ou devraient-ils jouer dans l'Union européenne? Une brève incursion historique nous amène à la date de la création de l'Union européenne, où il n'y avait aucune référence expresse au respect des droits fondamentaux, pour garantir leur respect. Progressivement, ils ont trouvé leur ancrage dans la tradition des États membres et se sont imposés comme des principes de droit distincts. Le droit est un art mis au service de l'homme, jus est ars boni et aequi, a déclaré Celsus. Par conséquent, les responsables de l'application des lois, tant au niveau national qu'européen, doivent placer les droits de l'homme au cœur de l'acte législatif, administratif et judiciaire. Bien que nous soyons plus proches des intérêts de la nation à laquelle nous appartenons, qui découle de notre essence humaine, nous ne pouvons nous empêcher d'admettre qu'au fil du temps, il a fallu garantir l'existence d'un instrument de validité internationale précisément parce que la protection de nos droits ne doivent pas être seulement abstraits et précaires.
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The physicians’ criminal liability is an application of the criminal legislation in the field of medical services supply. This supposes the physicians’ quality of active subject of certain infringements, stipulated in the Criminal Code and in special criminal laws, which confers the analyzed criminal responsibility field some specificity, deriving from the nature of the medical act. The Law concerning the modification and completion of the Law no.286/2009 regarding the Criminal Code and of Law no.78/2000 on the prevention, discovery and sanctioning of the corruption deeds, recently adopted by the Romanian Parliament, together with the Decision of the Constitutional Court of Romania no.650 on 25 October 2018 regarding the a priori constitutional control of the above mentioned law, corroborated with some other decisions of the Romanian Constitutional Court concerning the criminal Romanian legislation, determine important modifications of the physicians’ criminal responsibly, both from the perspective of the main institutions of the substantial criminal law, incident in the field of medical responsibility, and form the perspective of the way of regulating the infringements which can be committed by physicians while providing the medical act. Thus, I appreciate I should analyze institutions like the continuing offense [art.35 par.(1) of the Criminal Code], the statute of limitations for criminal liability [art.154 par.(1) of the Criminal Code], the interruption of the statute of limitations [art.155 of the Criminal Code], the mediation agreement [art.1551 of the Criminal Code], the notion of public servant in the meaning of the criminal law [art.175 par.(2) of the Criminal Code], as well as the folowing infringements: abuse in office [art.297 of the Criminal Code], professional negligence [art.298 of the Criminal Code], corruption offenses and service offenses committed by other persons [art.308 of the Criminal Code], actions that resulted in extremely severe consequences [art.309 of the Criminal Code], creation of an organized crime group [art.367 of the Criminal Code], and illegal harvesting of tissues or organs [art.384 of the Criminal Code].
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Il n'est pas rare que je me demande pourquoi le Code de procédure pénale n'est pas suivi exactement par les juges, les procureurs, les avocats et les autres agents de l'État, il ne s'agit que de la Déclaration des droits et libertés individuels dans un procès criminel. En revanche, il est vrai que pour la grande majorité des personnes appelées à le respecter, le soutien de certains textes de cet instrument juridique devient une rhétorique sans fondement, une forme sans fondement, surtout lorsqu'elle est invoquée comme justification, mais en réalité ”un mari savant" , avec l'accent mis sur l'ignorance, les dispositions de la Convention européenne, la jurisprudence de la CEDH ou de la CJUE. Dans le Code de procédure pénale, nous trouvons un antagonisme féroce entre l'accusation et la défense, mais si l'accusation elle-même ne représente pas l'expression d'un droit, d'autant plus qu'elle appartient d'office à l'État, par contre, la défense devient un droit, qui assure même à l'individu le plus simple la conviction qu'il est traité à un niveau quelque peu égal aux institutions qui disposent du mécanisme de coercition. Il faut donc comprendre qu'aucun procès pénal ne peut avoir lieu sans respect ad literam des dispositions du Code de procédure pénale qui représente la quintessence des droits et libertés fondamentaux de l'individu et implicitement le droit à la défense.
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The article is set to identify the usage of modern means of communications in criminal activity, the types of communications frequently used by perpetrators and whether the interception of communications made by modern means can be ordered by the Court without identifying the person who owns the account.The article argues that in relation to current legislation and the standards set by the jurisprudence of the European Court of Human Rights the identification of the owner of the account used is necessary and it is relevant in the procedure of authorizing the technical surveillance measure.
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