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If we put together and systematize research streams: law in film, law and literature, and aesthetics of law, it is easy to reach the conclusion that we are dealing with related subjects, with a certain overlap in research areas. The broadest term is aesthetics of law, whose scope covers the entire law and literature movement, meanwhile law in film is a more detailed aspect of the latter.Systematizing the aesthetics of law, we can close it in three aspects: the external one, the internal one, and the one called ‘law as a device for aesthetization’. The aesthetics of law in the external aspect deals with manifestations of law, legal inspirations, legal themes, symbols, signs, which were represented through centuries in fine arts. The subject of the aesthetics of law in the internal aspect is the law itself. The third aspect of the aesthetics of law focuses on law as a device for aesthetization of daily life.In the law and literature movement, the reflections concern either the inclusion of legislative and legal content in literary works (law in literature), or the literary, including aesthetic, value, of normative instruments, and more broadly, also other acts of applying the law (law as literature). A special case of this research stream is legal cinematography, where a film prepared on the basis of a screenplay is treated as a kind of narrative, justifying the statement that law in film further develops the law and literature movement.The practical aspect of such research – of legal aesthetics, law and literature, and law in film – concerns mainly the significance and influence on legal awareness, and on shaping the attitudes towards law. The key thing here is approaching the problem of influencing legal awareness through other means than the text of a normative instrument alone.
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Corruption, nowadays, is one of the main threats and obstacles to the safe development and prosperity of any society. For many years, corruption was thought of and written about as a spontaneous and sporadic social phenomenon, especially related to non-developed societies and societies in transition. However, modern research shows and proves that corruption scandals, especially political ones, are increasingly appearing in developed democracies, ie. societies with developed democracies. Modern societies face need to seek and identify key guidelines for combating corruption in many aspects of social activities. One of the activities that is particularly vulnerable to corruption scandals is the activity or public procurement processes. This is especially pronounced in the circumstances of disturbed social relations,but also in times of extraordinary circumstances to which modern societies are increasingly exposed. A special problem is how and in what way to determine the position of administrative bodies in times of extraordinary circumstances, and in the context of combating corruption scandals in the field of public procurement. It is necessary, therefore, to identify whether the normative solutions properly treat the suppression of corruption in the public procurement process during emergencies, and whether the normative framework enables public procurement. However, it is necessary to offer scientifically relevant answers to the question of what policies and practices in Bosnia and Herzegovina are in the prevention and fight against corruption in the public procurement process, and to what extent the legal framework and political decision-making processes affect the effective response to corruption in public procurement. procurement? The main goal of the research is to understand the importance of planning activities that are directly related to combating corruption in the public procurement process during emergencies. Also, the aim is to explain the functioning of the public procurement system, the principles on which public procurement is based, the legislative and institutional framework, the stages in which corruption is possible, as well as anti-corruption rules. By analyzing the existing trends of corruption in the public procurement process, key gaps in times of emergency will be identified. The general hypothesis is that public procurement in times of emergency is determined by a complex system of political decision-making, normative legal framework, potentials of state and entity law enforcement agencies in response to the fight against corruption. For the purpose of proving the stated hypothesis, a combination of several basic and general scientific methods was applied. For the purpose of obtaining data, the method of document content analysis was used. The general conclusion is that it is necessary to implement urgent measures, which should be taken with a focus on illegal corrupt activities in the public procurement process, and to affirm support to the authorities and inspection bodies in carrying out their tasks. Ultimately all this, contributes to a significant suppression of corruption in public procurement processes in times of emergency.
More...Legal Framework and Open Challenges
The importance of family businesses in the Croatian economy is well known. In this respect, Croatia is part of the larger picture in which family businesses are considered of fundamental importance to the European Union’s economy. The most specific feature that sets Croatian family businesses apart is that they are all relatively young, as they were mostly established in the 1990s. This is due to the socio-economic development of Croatia as a country that was part of the former Yugoslavia. In this regard, although the traditions of certain crafts and products are significantly older, the modern legal vehicles through which such business is conducted, that is, Croatian companies, are only around thirty years old. This fact contributes to the hypothesis that governance issues related to family businesses are an underdeveloped legal area. However, the need to address the specific needs of Croatian businesses is on the rise, as a significant number of the founders are now retiring, and the issue of successful transfer of these businesses has never been more important. The goal of this article is to question whether available legal instruments for enhancing the governance of family businesses from comparative law and practice such as family constitutions and family councils can be applied in Croatian practice as well. To this end, this study analyses the most significant legal forms in which a family business can be established in Croatia: crafts, family farms, and all types of commercial companies (with an emphasis on limited liability and joint-stock companies). Analysis of the Croatian legal framework from the perspective of family businesses will contribute to the comparative discussion regarding the specific legal needs and challenges of such businesses.
More...What Is the Message of the CJEU Achmea Decision and the 2020 Plurilateral Termination Agreement for Candidate Countries such as Serbia?
The authors analyse the changed landscape of the EU BIT policy following the Achmea decision and the 2020 Termination Agreement, in particular, their relevance for candidate countries such as Serbia. The perceived risks strongly suggest that some action must be taken before the accession to avoid becoming caught between conflicting obligations under EU law and the BITs, as happened to respondent countries in the cases of Micula and Magyar Farming Company. The potential for conflicts exists in the case of Serbia as well because it already has an obligation to comply with EU law in areas such as competition and state aid law, which may cause it to inadvertently breach investors’ rights under the BITs. Various options that a candidate country can pursue to adjust its bilateral investment treaties to EU law standards are considered in search of the best approach. Difficulties that may be encountered due to the premature termination of sunset clauses and the retroactive termination of arbitration clauses in pending arbitrations lead the authors to conclude that certain adjustments to the course of action adopted within the EU are called for. The proposed action in the case of Serbia consists of consensually amending the 22 Serbia-EU member state BITs following a two-step procedure so that the sunset clauses are terminated at once, whereas the remaining provisions of the BITs are designated by the contracting parties to be terminated on the date of accession. To prevent treaty shopping, these amendments need to be accompanied by comprehensive reform of Serbia’s other BITs that contain overly broad definitions of investors and investments. Some alternative approaches are also taken into consideration, such as the replacement of ISDS with other forms of dispute resolution and the replacement of the Serbia-EU member state BITs with other types of agreements. The candidate countries are advised to adjust their pre-accession commitments, both procedural and substantive, in a timely manner with the incoming EU obligations. These inevitable adjustments should be pursued cautiously by candidate countries to minimise risks and maximise their bargaining power.
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The BVerfG’s judgment on the PSPP marks another important part of the EU constitutional mosaic. It was the first time that the court declared an EU act ultra vires. Intense academic commentary ensued, mostly adopting a critical attitude towards the judgment. However, a summary rejection of the underlying idea of an exceptional national constitutional review of EU acts does not seem warranted. Unconditional primacy has been disputed by different national courts for some time now, and on two occasions, national apex courts already declared EU acts ultra vires. Considering its inherent diversity, the EU should be able to accommodate legitimate national constitutional concerns. A common frame of reference, possibly provided by Art. 4(2) TEU, could facilitate such accommodation if very high standards of violation were adopted by national courts, which would also respect the principle of loyal cooperation. In this regard, EU law also marks red lines when it comes to its fundamental principles, limiting the possibility of abuse. The Slovenian Constitution introduces EU law through Art. 3a, adopted for the purpose of accession to the EU. The Slovenian Constitutional Court's case law is generally very EU-friendly, and it could be marked by cooperative vagueness, echoing the doctrines of the CJEU. A clear answer regarding the relationship between national (constitutional) law and EU law is lacking in its jurisprudence. The court explicitly left the question of absolute primacy open. The substantive preconditions for the transfer of sovereign rights in Art. 3a, namely, respect for human rights and fundamental freedoms, democracy, and the principles of the rule of law, have been interpreted in different ways in academia. However, considering the inalienable right to self-determination, in exceptional cases of serious encroachment on fundamental constitutional values, the SCC would probably adopt its version of the BVerfG’s doctrines.
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As we are experiencing difficult times, our most important task is to rise up to the challenges presented to us. We have been shown that the healthcare system plays a vital role in upholding society, therefore we as future lawyers need to dwelve deeper into this topic and see what the existing legislation governs, and what needs to be improved. In this article, I shall attempt to discuss the relationship between law and medicine, the rights and obligations of patients, the way healthcare systems can operate and questions regarding data protection and whether DNA testing has a negative effect on the security of our medical information.
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Scientific Life: Cronica unui eveniment de suflet ... aveţi mai jos câteva gânduri din partea unui urmaş al unei absolvente a Academiei Regale de Drept din Oradea (Cristian Dumitru Miheş)
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The present study investigates a negative change that often occurs during the time of employment - the temporary suspension of the work process - and marks its legal features as a legal fact of Labour law, giving basis of the respective theoretic concept. Then we show the employer's possibilities under the Bulgarian Labour law, a reaction against its occurrence, and the legal guarantees protecting the employee from employer's illegal actions. The different means to overcome this situation have distinct legal consequences for the employment relationship, including its termination, which decides the relevance and social significance of the study.
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In this paper I discuss the apparent similarities between the “literate approach” and the aspiring “visual media approach”. Then, I scrutinize arguments for utility of the second approach. It seems that even though both approaches are founded on similar humanistic considerations, they are nonetheless separate positions; thus the need to justify the application of the second approach independently of the first. As an important task in due course I consider debunking the arguments in support of accusations of the “law and film” movement of being a threat to law and its legitimacy (as related to the “law going pop” argument by Richard K. Sherwin).
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The article analyses the film Inherit the Wind, directed by Stanley Kramer in 1960, according to a screenplay inspired by events of the so-called Scopes monkey trial, which took place in 1925 in Dayton, Tennessee (US). The filmmakers recreated fairly freely the motive of the controversial ‘trial of the century’, offering the viewers an allegory of political events of the 1950s instead of historical accuracy. At the same time, it was a universal essay on the consequences of institutionalization of ideological and religious fundamentalism. The timeless appeal of Kramer’s motion picture can also be seen in the context of his positive commitment to legal ethics. The plot of the film is a clash of legal professionals, whose personalities are similar to two outstanding lawyers who actually participated in the monkey trial: William Jennings Bryan and Clarence Darrow. Kramer’s film presents a positive role model of a lawyer, that is, defence counsel Drummond, contrasting him with the antihero: a lawyer and politician supporting the prosecution, called Brady. The film personalities of Drummond and Brady are reconstructed from the point of view of virtue ethics, using exemplarist moral theory by Linda Trinkaus Zagzebski, which enables giving a fuller picture of the created personages than in case of a deontic assessment of the moral validity of their individual acts.
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The aim of the article is to thematize two different types of attitudes to the law – which, referring to works by Marek Jan Siemek and Lon Luvois Fuller, I call the “Eastern attitude” and the “Western attitude”. This task is realized by a comparative interpretation of two famous films: 12 Angry Men, directed by Sidney Lumet, and Nikita Mikhalkov’s Russian-language remake of Lumet’s movie, titled 12. I try to show that although these two films tell similar stories, there are significant differences between them in regard to the perception of the law. In the American version, the law is a system of mechanisms that really work and are taken seriously. In the Russian version, the law is, to a large extent, only an appearance, which in reality must be replaced by ethics.
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Leviathan by Andrey Zvyagintsev is a movie that depicts the world in a state of nature, with no prospects for creating a Hobbesian social contract. Set in the Russian peripheries, the film depicts a respected and caring family man who is gradually deprived of everything because of lack of political order with enforceable law and justice. The movie is a depiction of a contemporary “failed state”, equalized with the state of nature, where there is no legitimate power and violence remains the only tool to achieve goals both in private and public spheres. Religion consists of empty rituals that serve corrupt officials to maintain power. This world cannot last without innocent victims, scapegoats of the society, one of whom is the protagonist of the movie. This paper offers a legal and philosophical inquiry into the film, as it draws especially on the theory of the social contract proposed by Hobbes. It depicts a Russian town as a symbol of the state of nature as envisioned by Hobbes and describes the reasons why the social contract has not been made. According to Hobbes’s theory, in the state of nature concepts like justice and injustice do not convey any meaning; therefore, this paper investigates other: theological and anthropological concepts, to explore the meaning of Zvyagintsev’s Leviathan.
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Even though consumer contract law concerns voluntary agreements between private parties, it is often considered to be an instrument of the principle of distributive justice, according to which the design of social institutions should benefit the worse-off members of society. The article claims that such a view is mistaken. It appeals to the so-called status quo argument, according to which interpreting consumer law as an instrument of distributive justice may entrench the current, unjust state of affairs, and therefore compound, rather than eradicate, distributive injustice. Within that framework, consumer law is treated as the legal instantiation of consumer culture, which, even if not inherently unjust, poses several risks for individuals and their overall wellbeing. Apart from presenting the abstract argument, the article illustrates it with a vivid example from popular culture – John Carpenter’s iconic film They Live.
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In the article, the author raises the issue of socialization of children through popular culture. She assumes that popular culture can be treated as a carrier of values and patterns of conduct, and also as a key factor of socialization. The codes, contexts or values that are conveyed through animated movies, are what a child can later refer to the surrounding reality. In this way, it is possible to learn family, professional or gender roles, which are then perpetuated in play. The author explores primarily the impact of popular culture through an analysis of animated films produced by Walt Disney Pictures, in which the main characters are princesses and in which gender roles get considerable exposure. Assuming that gender is socially constructed, we learn about gender norms through interactions with people and popular culture, which convey to us the norms and values of the society we live in. The author points out how the patterns conveyed by Disney movies have changed and what their relationship with women’s rights was. Simultaneously, the author analyses the impact of these films on legal culture, trying to see how animated movies affect legal awareness and attitudes towards the law, and what patterns are passed on to the youngest citizens.
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Pigs, a 1992 movie directed by Władysław Pasikowski, has become an iconic picture over the years, growing into a source of quotes and becoming a cult classic. The film, while remaining commercially attractive, outlines many problems within transitional justice and opens a discussion regarding the vetting of the SB officers carried out at that time, including the selected model. The plot of the film takes place in 1990, the period of political transformation in Poland after the fall of communism. Before the purely sensational action comes to the fore, the movie is largely about a reform of the MSW and the SB, about vetting of its officers and their fate while trying to find themselves in the new reality. It also shows that it is remarkably difficult to carry out reforms simultaneously in many fields: political, economic and social, and that it may be the source of a crisis. The aim of this article is to present Pasikowski’s Pigs as a film that demonstrates the practical issues related to one of the mechanisms used in the framework of transitional justice, namely the vetting process. The movie as an artistic representation of individuals subjected to vetting opens discourse on transitional justice and the problem of dealing with undemocratic system. The paper concentrates on a general outline of the movie, paying attention to the vetting committees and their function within the framework of transitional justice. While presenting the normative model of officers’ vetting and juxtaposing it with the image shown in the film, the author displays basic moral and social problems related to the vetting.
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The text considers why certain types of close relationships are “invisible” in the legal system. Visibility can mean public recognition, status recognition, social acceptance. What is “visible to the law” is the closeness that the law recognizes, accepts, supports, and with which it links certain obligations and rights, e.g. marriage. However, the main subject of this study will be those close relationships that are invisible in the legal system (obscurus). Two people, remaining in an actually close relationship, may not be recognized as such in the legal system. The purpose of this paper is to understand why these kinds of differences arise between law and life, and, more specifically, what the “invisibility” of individual close relationships in the legal system results from. In my reflection, I will use references to the film Call Me by Your Name.
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The article treats the right given by the court to the Intervener in Another's Affairs to pay the Principal for suffering harm the damages' reduced value, according to the Bulgarian law of obligations. First, it begins with brief comparative law notes (section 1). Second, it considers the legal nature of the discussed right - or more precisely the Intervener's objection (section 2). Third, it is analysed how the Intervener should exercise its rights (section 3). Fourth, the study discusses the prerequisites of this right (section 4). Fifth, it gives some critical notes on the theories describing its legal nature (section 5). Sixth, in addition, we investigate how to hold liable the negotiorum gestor more heavily (section 6). Seventh, there are some conclusions given about the nature and the consequences of the Intervener's objection (section 7).
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The article analyses the concept of banking supervision as a specific administrative control. It begins with a brief overview of the two concepts "Bank" and "Banking Business", as legal phenomena determining the Banking Supervision. After this introductory part, the research focuses on the Banking Supervision as a legal institute of Bulgarian positive law. The different legal terminology related to it, used in banking legislation, is also analysed. The theoretical conception divides the generic concept of banking supervision into two specific forms of its addressees. Finally, we pay attention to the Macroprudential Supervision under Art. 79, Para. 2 of the Credit Institutions Act (CIA) and the Supervision of the Financial Institutions under Art. 3a CIA. The study proves that they are independent legal concepts, beyond the Banking Supervision.
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Some studies expressly underlined that there is a lack of information about existence of any financial incentives for video games' development in several countries, including Bulgaria. Hence, a conclusion made is that there are no financial incentives in the specified countries at all. With this regard, this article analyses and presents the opportunities for financial support available in Bulgaria for video and computer games developers, including high schools, scholars and scientific organizations - legal entities that carry out researches, etc. By virtue of some financial schemes a state aid could also be granted, following the conduct of a competition procedure and with regards to projects for development of the so-called "serious games", with educational and cultural content; games being "technological innovation", etc. The study goes through some opportunities for private financing of the Bulgarian game industry.
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