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In 2014, two acts introducing significant changes in the field of disciplinary liability of attorneys, legal advisers and notaries entered into force. These changes, in principle, should be assessed positively. However, many specific solutions raise some reservations about their correctness. Most concerns refer to the institution of dean’s reminders in relation to attorneys and warnings in case of legal advisers.
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Both the Treaty on European Union and the Treaty on the Functioning of the European Union include provisions concerning the common monetary policy and European central banking. The establishment of monetary union and the creation of the ESCB has double meaning. On one hand they mean the transfer of monetary power from individual Member States to the level of the European Union, on the other hand - the implementation of EU law concerning this sphere to the constitutional orders of Member States. The constitutional order of Member States is influenced by the legal principles of the ESCB, such as the principle of independence (functional, personal, financial and institutional), the principle of responsibility for monetary policy, the principle of transparency and the principle of acting in accordance with market mechanisms. When it comes to the organization of the system of central banking in the European Union, the attention should be paid to the role of the European Central Bank. The European Central Bank formulates monetary policy in countries whose currency is euro. It also specifies the instruments of its implementation, such as open market operations, the accumulation of mandatory reserves and credit operations. The work of the European Central Bank is managed by the following authorities: the Management Board, the Governing Council and the General Council.
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Nasilje u porodici prisutno je u svim zemljama svijeta bez obzira na njihovu demokratsku tradiciju, ekonomsku snagu, stepen obrazovanosti ili kulturu. Radi se o globalnoj pojavi koja postoji u svim društvima svijeta. Nasilje u porodici je svaki oblik fizičkog, seksualnog, psihičkog ili ekonomskog nasilja ili prijetnja takvim nasiljem kojem se izlaže neki od članova porodice. Ono nije izolirani, pojedinačan događaj, već obrazac ponavljajućih ponašanja.
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In typischen Beschreibungen der bosnischen Behördenlandschaft werden oft Begriffe wie “unprofessionell”, “korrupt”, “ineffizient” und “politisiert” genannt. Das Zentrum für humane Politik hat bei seinen Erhebungen im Jahr 2010 mit genau diesen Begriffen die Erfahrungen der Bürgerinnen und Bürger von BuH mit der öffentlichen Verwaltung zusammengefasst. Die Strategie für die Reform der öffentlichen Verwaltung wurde im Jahr 2006 verabschiedet und enthielt — als kurz- und langfristiges Ziel — die Reform aller Bereiche des Verwaltungsgeschehens, von der Auswahl der Mitarbeiter, über das Verwaltungsverfahren und die Schaffung von Regelungen für die Übernahme des EU-Acquis bis zum Erreichen der EU-Standards. Die Reform hätte in diesem Jahr abgeschlossen werden sollen. Die Arbeiten in dieser Ausgabe analysieren die projektierten Ziele und die Ergebnisse. Sie zeigen, dass dieses gut gemeinte Vorhaben gescheitert ist. Die öffentliche Verwaltung ist weitgehend auf dem Niveau des bisherigen Systems, und zwar als Dienstleistung der politischen Parteien, geblieben. Sie schadet in dieser Eigenschaft dem Ansehen des Staates sowie den Menschen und Institutionen, die durch ihre Arbeit betroffen sind.
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Uvođenje novog nastavnog predmeta “Zdravstveni odgoj” u osnovne i srednje škole u Republici Hrvatskoj od školske 2012/2013. godine od samog početka postala je vrlo aktualna tema u hrvatskom društvu, medijski konstantno pomno praćena. Gotovo da nije bilo društvenih aktera koji se nisu uključili u raspravu o njoj, od Vlade Republike Hrvatske i državnih tijela, stručne javnosti, političkih stranaka, organizacija civilnoga društva do Katoličke Crkve. Uglavnom, svi prijepori su bili svjetonazorskog karaktera, te se mogu sumirati i svesti na sukob tradicionalno-konzervativnih i liberalno-progresivnih društvenih struja. Vrhunac javnog neslaganja dogodio se podnošenjem tužbe predstavnika prvonavedene struje Ustavnom sudu Republike Hrvatske i donošenjem odluke Suda o privremenoj obustavi provođenja nastave zdravstvenog odgoja.
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The text presents historical experiences of the executive power in Switzerland. The most important regulations in this area (covered in the constitutions dating from 1848 and 1874, and the one that is currently obligatory from 1999), are described. The Swiss realisation of separation of powers is characterized. Also the so-called ”magic formula” (Zauberformel) is discussed. In conclusion, it is noted that Swiss solutions are specific, but they always require to be based on current law.
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Evolution of the British political system towards a parliamentary monarchy was accompanied by weakening the role of the monarch while increasing the importance of the prime minister. Today, this is even more desirable as it responds to the widespread need to identify the state of its leader. The British prime minister as chief of the executive became a real purchaser of this name, not only due to external requirements, but also as a result of internal changes in relations between authorities. The research problem of this article is systemic status of the British prime minister under his competences and political practice. In order to resolve the questions the article asks about the status of the prime minister in the modern British political system, his constitutional rights and their implementation in practice. There have been several evaluations and interpretations of the problem, to which the article refers – from the system of prime ministerial governance to rhetorical premiership. This article verifies them, putting the hypothesis that the position of prime minister of Great Britain is the result of both, his political competences and individual traits of politician whose skillful use determines the effectiveness of the office.
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Following the separatist declaration of independence in 1991, Russian-Chechen relations systematically deteriorated resulting in the occurrence of two open-armed conflicts involving Russian forces. From 2001 onwards a program, known as “Chechenisation”, was introduced by the Russian Federation as a long-term solution to the problem. This was established on the principle of creating an authoritarian regime, at the centre of which stood a strong president with broad powers. The article discusses the issues involved and suggests that the intended solution has become seriously weakened, as evidenced by the latest reports from the North Caucasus.
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This work is focused on the constitutional determinants of the model of presidency in the Republic of Belarus, implemented by Alexander Lukashenko for more than 20 years now. The basic feature of this model is the head of state having extremely strong and vast power, greatly extending the sphere of executive power. The Belarusian president is able to exert his power over the whole system of public authority bodies, and does so. He can be called the “effective force” of the functioning of the state, making his office its actual headquarters. There is also no exaggeration in referring to the relations occurring in political practice between him and all other entities of the state apparatus as a presidential dictatorship, and to the whole political regime as the “hard” form of an authoritarian system. The provisions of the constitution of the Republic of Belarus of 15 March 1994 with the amendments made as a result of the referendum of 24 November 1996, making the president superior to the other state authorities, and thus making the principle of separation of powers included in Article 6 an empty declaration, provide the legal premises for the head of state acting in this way. The constitutional domination of the president in the structure of the state authority is strengthened even more by the political activity of Alexander Lukashenko, making his authority near absolute.
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The subject of the article is the office of the president in the Transnistrian Moldavian Republic. Evolution of the presidential institution in Transnistria is very similar to that experienced in other countries of the former Soviet Union. From theoutset, however, in practice the constitutional president of Transnistria was the dominating factor. In 1995 the Constitution of Transnistria awarded the office special status, authority and responsibility for the state.
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The Author analyzes the role and position of the president of Armenia’s political system. It indicates excessive powers and competence of the head of state to other centers of power. The president of Armenia, in spite of competence in 2005, is still the dominant authority in the political system. Democratization of the political system is the only apparent change. Changing the constitution will not lead to an actual reduction in the powers of the head of state.
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The institution of the president of Uzbekistan was established by the revision of the Constitution of Uzbek SRR from March 24th, 1990. Initially the president exercised typical functions of the head of state. The constitutional position of the president was significantly strengthened by the Constitution of Uzbekistan from December 8th, 1992, which gave him powers both as head of state and head of government. Although the constitutional revision accepted on April 11th, 2007 deprived the president of the position of the head of government, it did not have any great impact on maintaining his present strong constitutional position. Apart from the wide scope of his competence the significant indication of the president’s constitutional position is the fact that he may not be removed from office before expiry of a current term. Thanks to this, he is actually neither politically nor constitutionally responsible. The evolution of the constitutional position of the president was influenced by the personality and pragmatism of actions of Islam Karimov, who has now been the President for over 25 years. He has managed to create a de facto authoritarian system in Uzbekistan, though formally under the guise of democracy.
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In this article the political position of the institution of presidency is discussed in the context of the independent states that have emerged from the former Yugoslavia. It can be said that parliamentary cabinet systems, in which the head of state performs representative and integration functions, are appearing in these post-Yugoslavian states. One influence on forming the institution of presidency is the diversity and multiculturalism which exists in this region of Europe. Apart from the legal constitutional position of the president, theeffectivenesses of his power is ranked among such factors as: political personality, style of the administration and the political situation in the state.
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In broad perspective, this paper analyses the role of the executive power in the entire state structure of the Republic of Turkey, i.e. from the creation of modern Turkish statehood in the early 1920s up to the recent period. Similarly analysed are the important measures towards executive power that have been implemented, mainly due to interventions of the Turkish military in civilian politics. The paper also focuses attention on the Justice and Development Party`s era in Turkish politics, since its domination in the political system combines with a strong tendency to strength the executive branch.
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Argentina’s Constitution of 1853 introduced a presidential system of government. In this system, executive power is exercised by the president of the Republic of Argentina who is elected by general and direct elections. The president is the head of state and heads the federal administration. An additional organ of executive power since1994, is the head of the Cabinet of Ministers.
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The latter Reform of the Political Constitution of the Republic of Nicaragua, entered into force in February 2014. The law has strengthened the political position of the president. He gained new competences and presidential term limits set by the constitution were overturned, thus creating the possibility to hold the office indefinitely. The purpose of the article is to present the political position of the president of Nicaragua. and includes the changes introduced by the latter reform. The author assesses the reform and in particular removal of the reelection ban which may be viewed as a threat to democracy.
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The protection of a state border is one of the most important prerogatives of the institutions of executive powers in every modern country. The issue is currently gaining a very specific character in case of the state’s membership in specific international alliances like the European Union. The primary importance, in the area constituting the range of interest of this article, is the functioning of the Schengen area – the abolition of controls at internal borders of the member states and establishment of a uniform management system as well as protection of the borders, which delimit the external boundaries of the European Union. FRONTEX, since its inception in 2005, has been supporting and directing the actions of authorities and services in those member states responsible for policing common external borders; conducting risk analysis, research and trainings, and participating in the returning operations organized by particular member states. FRONTEX also coordinates the activity of the European border guard teams in terms of shared actions as well as the Rapid Border Intervention Teams. This constitutes very strong and crucial functional support to the authorities of executive powers and the protection of the external border in the Schengen area co-financed from EU funds.
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In the article, the author strives to answer the question of how the territorial organization of a state infl uences the organization and the scope of tasks and competences of the executive branch of the government. Therefore, for the purpose of the article, the author defines the term ”executive branch of government” and then describes how the principles of unitarism and federalism infl uence the model of the executive branch of the government, in particular with regard to the horizontal division of power. The author limits his discussion to theoretical aspects, which he illustrates by giving examples of constitutional solutions from two selected countries: the Republic of Poland and the Swiss Confederation. In both cases, the tasks related to the executive power are performed not only by the central government and its administration but also by local and regional government bodies, which enables describing the executive branch of the government in a contemporary democratic state as ”distributed.” However, the structure of federal state determines the extent of the ”distribution” of tasks and competences of the executive branch of the government, in particular with regard to adoption of implementing regulations to statutes (federal and cantonal).
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In the 1983 Code of Canon Law, Pope Saint John Paul II states that the Code is especially inspired by the Second Vatican Council constitution, that is, the Dogmatic Constitution Lumen Gentium and the Pastoral Constitution Gaudium et Spes. The second constitution does not have to be a source of inspiration to the formulation of legal norms. However, we can find there some support for future canonical regulations. This concerns, in particular, the extension of the idea of marriage which inspired the Code that defines, anew, the dissolution of marriage and clarifies the relations between the state and the Church on the basis of which the concordate law is developed in the post-Second Vatican Council times.
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