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Śmiertelne powikłania nielegalnego spędzenia płodu w latach 1920-1939 w materiale archiwalnym Zakładu Medycyny Sądowej w Krakowie

Author(s): Kamil Hapkiewicz,Gabriela Kanclerz,Wojciech Koziołek,Patrycja Szczepaniak,Gabriela Szypuła / Language(s): English,Polish Issue: 1-2/2021

Cel pracy: Analiza metod wykonywania nielegalnych aborcji oraz przyczyn śmierci kobiet, które poddały się zabiegowi w okresie międzywojennym. Materiał i metody: Badania przeprowadzono na podstawie protokołów sekcyjnych z lat 1920–1939 archiwizowanych w Katedrze Medycyny Sądowej na Uniwersytecie Jagiellońskim Collegium Medicum w Krakowie. Zgłębiono przypadki śmierci kobiet w ciąży lub w okresie okołoporodowym. Wykluczone zostały przypadki aborcji wykonanej legalnie ze względów medycznych. Wyniki: W omawianym okresie stwierdzono 101 przypadków nielegalnych aborcji – 21 wykonanych było przez akuszerkę, a trzy przez wykwalifikowany personel medyczny. Użycie cewnika lub drutu odnotowano w 19 przypadkach, wstrzyknięcie substancji poronnej lub ostrzyknięcie płodu w ośmiu. Urazy bądź perforacja ściany pochwy lub macicy – odpowiednio 27 i 10 przypadków, były najczęściej stwierdzonymi zmianami świadczącymi o spędzeniu płodu. Wnioski: W większości przypadków (71) śmierć nastąpiła na skutek zapalenia otrzewnej lub sepsy, których źródłem zakażenia były narządy płciowe. [Aim: Analysis of different methods of performing illegal abortions and causes of death in women who underwent the procedure during the interwar period. Material and methods: The study was based on the autopsy protocols from 1920-1939 archived at the Department of Forensic Medicine, Jagiellonian University Collegium Medicum in Krakow, Poland. The analysis comprised the deaths of women during pregnancy or in the perinatal period. The cases in which abortion was performed legally, for medical indications, were excluded. Results: A total of 101 cases of illegal abortion were identified during the period studied, including 21 abortions performed by midwives, and three abortions carried out by qualified medical personnel. In 19 cases, abortion was done using a catheter or wire, while in eight cases the procedure was performed by injecting an abortion-inducing substance into the uterus or administering an injection into the foetus. Vaginal or uterine injury (27 cases), or vaginal or uterine wall perforation (10 cases), were the most common genital tract lesions indicative of abortion. Conclusions: The majority of deaths (71) were caused by peritonitis or sepsis originating from an infection involving the genital tract.]

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Пенсионното осигуряване на заетите в системата на училищното образование в България – законови промени, развитие и предизвикателства

Author(s): Lyudmila P. Vekova / Language(s): Bulgarian Issue: 1/2021

The report analyzes the pension legislation and the current specific regime of pension insurance in relation to those employed in the school education system and the main changes in the legislation for the acquisition of pension rights by pedagogical specialists. Emphasis is placed on the functioning and development of the teachers' pension fund as the first occupational pension fund in Bulgaria. The changes in the age structure of the employees in the school education system and their compliance with the changes in the specific regime of pension insurance are analyzed. The assessment of the changes in the pension rights of the pedagogical specialists is also made in the aspect of their compliance with the main European priorities in the pension insurance and with the most important directions of the implemented pension reforms.

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"Dialogue" of the High Courts CJEU – CCR – HCCJ, regarding the prescription of criminal liability

Author(s): Tudorel Toader / Language(s): English Issue: 01/2022

The constitutional order is ensured by the jurisprudence of the constitutional court. The Court of Justice of the European Union cannot call for violation of the balance between state powers, nor for non-compliance with the principle of legality. The Supreme Court cannot disregard the case-law of the the Constitutional Court of Romania, it cannot establish the existence of a systemic risk, it cannot violate the principle of legality. The competences of the three High Courts are complementary without any collision.

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The impact of the COVID-19 Pandemic on constitutionalism and the state of emergency

Author(s): Blerton Sinani / Language(s): English Issue: 01/2022

The emanation of the COVID-19 global pandemic has managed to influence specific legal, political and socio-economic aspects. Public health, public institutions, as well as concepts such as: the rule of law, restriction of certain human rights and socio-economic wellbeing became characteristics of the global pandemic and as such triggered a state of emergency. The pandemic cannot be a justified pretext for an unlimited suspension of democracy. Indeed, restrictions on civil rights and liberties ought to be interim, proportional and transparent. Although the emergency measures taken by governments against COVID-19 should be provisional, time-bound and in congruence with democracy as any contemporary political regime or state governed by the rule of law. This situation once again revealed to us the importance of a constitutional state of emergency guided by public law in its forms and examples of comparative constitutional law regarding events which in 2020 demanded the emergence and function of public institutions in an effort to protect society. The state of emergency is regulated by the Constitution of the Republic of North Macedonia of 1991 in general which gives the government expansive power, such as bypassing the parliament’s power, through issuing acts by force of law. It is worth mentioning that in North Macedonia there is no lex specialis or special legislative act that regulates a state of emergency.

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Brief comparative analysis on the constitutionality of non-voluntary arbitration

Author(s): Ingrid A. Müller / Language(s): English Issue: 01/2022

The issue of the constitutionality of arbitrations is not considered often – as a method of dispute resolution alternative to courts, arbitration is a closed system designed by the parties and typically removed from constitutional protections. Nevertheless, the question of the constitutionality of aspects relevant to an (international) arbitration can be raised in some circumstances. For example, during the arbitral process per se as constitutional challenges to the applicable law, or at the stage of setting-aside an arbitral award or during the recognition and enforcement of foreign arbitral awards, on limited (procedural) grounds and pertaining usually to consent, due process, or public policy (mostly arbitrability). Arbitral jurisdiction typically arises from the choice of the parties – an assertion of party autonomy. Arbitral tribunals are voluntarily granted jurisdiction through a pre-dispute agreement (clause compromissoire) or in considering an existing dispute (compromis). Which is why, as a rule, the voluntary agreement to participate is of the essence for any arbitration procedure. However, every rule has exceptions. As such, non-voluntary arbitrations exist, notably in the case of statute mandated arbitrations. This is where the issue of constitutionality comes in as it pertains to consent, which, as an intrinsic factor, is normally also a precondition for the very existence of an arbitration. The analysis will assess whether non-voluntary arbitration is constitutional, from a comparative perspective (mainly Romania and the United States) as the answer can only be qualified relative to a specific Constitution.

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Children in Terrorism

Author(s): Nagy Melánia / Language(s): English Issue: 01/2022

Recently, the world watched in horror as an armed group of young children belonging to Islamic terrorist organizations, dressed in combat gear, marched through the streets of Beirut, chanting their willingness to die for their leader or god2. The role of children in various armed conflicts dates back a long time. In the XXth century the child soldiers were known as members of the Hitlerjugend organization. However, in addition to the Germans, the British and the Americans, also used minors for violent actions. Nowadays, the topic, though, has been revived by the Islamic State terrorist organization. The highest child mortality rate was reported in Aleppo, where more than 2,000 children died as a result of the attack. There are many examples in history of the involvement of child soldiers, still, by 1990, this problem had been pushed into the background. The change is largely due to a study by a Mozambican politician Graça Machel, who, at the request of the then UN Secretary- General, developed his work “Impact of armed conflict on children”3. He pointed out that children and women could be future targets for various extremist movements. Several EU Member States have confirmed that the number of their nationals, especially women and children, increased in various camps and prisons in March 2019 in north-eastern Syria. There are currently ten countries where the children's participation in or joining the struggle is a common practice. These countries are: Afghanistan, Central African Republic, Congo, Iraq, Somalia, Yemen, Myanmar, Nigeria, South Sudan and Syria5. In the present study, the author focuses on the participation of children in violent groups.

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СТРАТЕГИЧЕСКО УПРАВЛЕНИЕ НА РАБОТНАТА СИЛА В БЪЛГАРИЯ ПРЕЗ ИНТЕГРИРАН СОЦИАЛЕН ДИАЛОГ

Author(s): Desislava Yaneva / Language(s): Bulgarian Issue: 2/2022

This article discusses the conceptual idea that the successful regulation of the labor force in Bulgaria requires transparent mechanisms for social control in the field of labor, through which to achieve optimal balance between individual, group and public interests. The thesis is argued that on the basis of a measurable indicator - Labor Force Index, which accumulates the key factors contributing to its development in Bulgaria, will be possible to improve the tripartite Social dialogue between the representative bodies responsible for labor regulation and increase the productivity and the income from work.

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CAUSES OF ACTION IN THE COMMON LAW SYSTEM

Author(s): Dijana Gorgieva / Language(s): English Issue: 1/2022

Causes of action in common law are the most commonly used in civil trials. According to the common law, the causes of action are a combination of facts presented by the plaintiff in the direct form for initiating civil proceedings (single claim in England and complaint in the United States). The cause of action are a bridge that connects civil wrong with the legal remedy required and obtained by the court. Claims for a lawsuit may be filed for civil wrong doing of the defendant. The wrong doing of the defendant may consist of a tort or a breach of contract. Breaking the contract is the only cause of action. Unlike the breach of contract, tort law (civil misconduct) does not have a single cause of action. Tort is divided into three different types of claims in the lawsuits that differ from each other in the defendant's defense actions: intentional tort, negligence tort and strict liability tort. Causes of action in a lawsuit under equity law are: unjust enrichment and claims in reasonable value for the work done (quantum mervit).

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ДАНЪЧНО ОБЛАГАНЕ НА ИНФЛУЕНСЪРИТЕ СЪГЛАСНО СПОГОДБИТЕ ЗА ИЗБЯГВАНЕ НА ДВОЙНОТО ДАНЪЧНО ОБЛАГАНЕ

Author(s): Stoycho Dulevski / Language(s): Bulgarian Issue: 1/2022

Influencers have become with time from future trend to integral part of our daily lives. Their activities are also intriguing from tax perspective. The study brings some hypotheses for its through the prism of direct taxes with cross-border elements. Their analysis depends on the complete novelty of the issue and the role of the influencers in the society.

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Datele personale – o veritabilă monedă de plată. Evoluţie firească sau abuz?

Author(s): Mihaela Bălău / Language(s): Romanian Issue: 01/2022

Given the remarkable technological evolution of recent years, as well as the implementation of the truism on the name of the 21st century as the century of speed or of the Internet, along with the popularization, with the help of Generation Z (iGeneration or „digital natives”) of the digitization phenomenon, it isn’t no more a secret that personal data has become a real method of payment. However, although at first glance it might seem that this alternative method of payment for services is an advantageous one, the so-called sale of personal data is often overshadowed by the deliberate creation of a false reality of gratuitousness. Loyalty cards, tickets for participation in promotional campaigns such as raffles, opening „free” accounts on social networks, participating in surveys, all these prove to be real channels through which personal data are converted into payment instruments. More specifically, any online account creation involves, in addition to providing various identification data (name and surname/alias, e-mail address, phone number etc.) and careful monitoring of search preferences, the user's behaviour and preferences, a type of monitoring that can take the form of a real profiling. Moreover, this is not the only commercial use of data by data controllers. Under certain conditions, they may resell files containing their customers' information to third parties, primarily for advertising prospecting purposes.

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Prelucrarea datelor de către angajatori în contextul pandemiei de Covid-19

Author(s): Cristina Bojică / Language(s): Romanian Issue: 01/2022

Nearly four years later after the entry into force of the EU Regulation 679/2016 on personal data processing (GDPR), the processing of the employees’ personal data remains controversial and open to interpretation. This article provides a comprehensive practical interpretation of the principles and grounds to be considered when processing personal data, in view of both the GDPR Regulation and the new obligations of employers to ensure health and safety of employees in the Covid-19 pandemic context. The introductory part of the article focusses on the employer’s main obligations towards employees, followed by a section developing on the trends of excessive processing of employees’ health data and the implications of telework on personal data processing. Based on companies ‘practice, the author offers guidelines for the correct understanding of the law and suggestions to avoid an excessive processing of employees’ personal data. The conclusion of the article highlights the general obligations laid down by the GDPR Regulation and provides an overview of minimal policies and procedures to be implemented by each company. Therefore, the article aims to provide a practical approach of the main obligations related to data processing falling to the employers and the measures that should be taken to ensure fairly processing of the employees’ personal data.

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De ce breşele de confidenţialitate sunt un sport de echipă

Author(s): Amalia Barthel / Language(s): Romanian Issue: 01/2022

Privacy (and data protection) breaches are often mistaken for security breaches. When personal data is compromised due to security vulnerabilities it is the data protection regulation(s) that dictate the process. The legal advisor or specialist in the organization becomes the project manager for investigating and resolving the breach event. They will need to involve a number of employees in various roles, possibly outside counsel specialized in privacy and data protection laws. The information security specialists inside the organization may also hire a forensics firm to understand and analyze the root cause and other breach details. The process of identifying what caused the breach, notifying the authorities, possibly notifying the affected individuals and the overall resolution of the breach becomes a team sport and often a long haul one, where a captain, the person in charge, supported by senior management, is the legal specialist who is knowledgeable in privacy and data protection. Organizations that want to take a different approach or a shortcut to managing a data breach may increase their exposure and legal liability.

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Clearview AI Inc. şi puterea celor lipsiţi de putere

Author(s): Lorena-Elena Stănescu,Raluca Onufreiciuc / Language(s): Romanian Issue: 01/2022

In the face of reality, the imbalance of power between participants in the digital environment poses a risk to the protection of fundamental rights and freedoms. The asymmetry of power is reflected in the unique ability of artificial intelligence systems to be used in „real-time” and continuous surveillance of users and in the human limits of understanding and discerning the complexity of data ecosystems in which people „navigate”. Given the increasing sophistication of emerging and disruptive digital technologies, it is important to ask ourselves whether human autonomy still verifies the social equation defined by information and power. This is probably the center of gravity of data protection: saving personal autonomy. The purpose of this article is to highlight the importance of the use of AI systems for „real-time" remote biometric identification in publicly accessible spaces, taking into account the many decisions of European courts, and others that have sanctioned the American company Clearview AI Inc. The effective protection of European citizens and the restoration of legality imply the complete, perfect execution, without being unduly delayed, of the obligations provided by the authorities. Given the complexity of enforcement proceedings, it will be interesting to see what legal levers and mechanisms for judicial cooperation will be put in place both in terms of the collection of fines and in terms of compliance with the provision for permanent deletion of European citizens' personal data from the Clearview AI Inc.'s „smart” database.

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Sancţiuni aplicate în perioada ianuarie-iunie 2022 de către autorităţile de supraveghere din Uniunea Europeană

Author(s): Doru Dorobanţu,Mihaela Mihai / Language(s): Romanian Issue: 01/2022

Unfortunately, four years after EU Regulation 2016/679, also known as GDPR, became applicable, we can say that the perception of compliance of controlers and processor regarding the processing of personal data has not changed very much. If we were to refer to some findings that the competent authorities in the member states made in the first part of 2022, then we can conclude that some business can still be carried out while ignoring the fundamental rights and interests of the data subject. What must be kept in mind in the next period, is that the great lack of compliance measures will cause difficulties for the competent authorities to have a proper control in the field with the limited resources they have. The passage of time is usually what determines the correct direction in which things must go on in the field of personal data processing. That is why in our opinion it is time to warn, that only the identification and allocation of the necessary resources, combined with the intensification of the specific activities of the competent authorities, according to their tasks and legal powers, are able to contribute to the implementation and natural application of the fundamental right to the protection of natural persons with regard to the processing of personal data. The purpose of the article is to bring to the attention of those interested the approaches of the European data protection authorities within the activities carried out during the reference period.

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The Problem of African Swine Fever (ASF) in View of the Polish Legislation and Controversies Related to Current Regulations

Author(s): Maria Januszczyk / Language(s): English Issue: 9/2022

Celem artykułu jest przedstawienie polskich i unijnych regulacji prawnych wprowadzonych w celu zwalczania afrykańskiego pomoru świń (ASF) oraz ocena efektywności zastosowania tych regulacji uwzględniająca także aspekty etyczne i celowościowe. Przedstawiono czynniki prowadzące do utraty kontroli nad rozprzestrzenianiem się choroby, w tym przekrojowo omówiono normy prawne dotyczące uboju trzody chlewnej, zasad bioasekuracji, odstrzałów sanitarnych i polowań (zaprezentowano przykłady nieprzestrzegania norm i skutki takich zachowań). Poruszono też kwestię zaniedbań w nadzorze weterynaryjnym. Wykazano, że decyzje dotyczące prewencyjnego uboju, wydawane w ramach mającego oparcie w obecnie obowiązujących przepisach szerokiego uznania administracyjnego, mają poważne konsekwencje natury etycznej, jak również powodują nieproporcjonalne straty ekonomiczne dla gospodarstw rolnych.

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O MU'AFIYET-U U BOSANSKOM EJALETU

Author(s): Avdo Sućeska / Language(s): Bosnian Issue: 22/1986

Mu'afiyet is the term coming from Osmanli feudal law and it means an exemption of any person of labour services and natural and financial givings under a general term 'avariz-i divanlye and tekalif-i ‘orfiye due to certain services rendered to the government, mostly of military nature. In the wider meaning this also means the exemption of some personal taxes that raya had to give to landowners (resmi cift, ispendže). The person freed from the mentioned givings and taxes was referred to as mu'af, or mu'af ve musellem.

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ORIENTAREA SOCIOLOGICĂ ÎN CRIMINOLOGIE

Author(s): Nelu Dorinel Popa / Language(s): Romanian Issue: 07/2022

Sociological theories focus attention on how adverse social circumstances can influence an individual's actions. Initially relevant were the precursor theories that emerged from the second half of the 19th century onwards, which referred to the social dimension of the criminal phenomenon and attempted to provide answers to the questions generated by the wave of reform initiated a century earlier in criminology by the classical school promoted by Cesare Beccaria. These include the cartographic school, the social environment school, the statistical-mathematical school and the socialist school. In a second phase, sociological theories were formulated to explain crime, highlighting certain causes, factors and circumstances which generated and encouraged crime and which were also related to the lifestyle, personality and social background of the individual offender, as well as the occasions which encouraged crime. These include theories that highlight the relationship between crime and some macro-social processes and phenomena, theories that highlight the link between culture and crime and theories that highlight the 'social reaction' to crime.

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Fairness principle – foundation of global concept of taxation

Author(s): Dinka Antić / Language(s): English,Serbian Issue: 2/2018

Principle of tax fairness belongs to social-political principles of financial theory. Its application in tax systems of modern countries should ensure a uniform taxation “between the equals” and a redistribution of income and wealth “between the unequals”. The horizontal tax fairness implies that the “equals should be taxed equally”, meaning that the individuals with the same economic force (income, revenue, property) should contribute in equal way to the state for public goods and services received in return. The vertical tax fairness is ensured in a way that individuals are taxed in accordance with their economic force, meaning that the better off should pay higher taxes. Globalisation of financial and economic flows has caused a transformation of principle of tax fairness from national principle necessary for designing a fair national tax system into a global concept of fair taxation, that should ensure a fair distribution of tax burden between countries.

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Improvement of VAT administration process in the function of reducing tax evasion

Author(s): Dinka Antić / Language(s): English,Serbian Issue: 3/2018

In an effort to reduce the risk of VAT fraud by improving and simplifying the VAT administration process, the EU has developed several VAT administration models that could successfully replace the standard PDV administrative procedures. The models are conceived on modern technology platforms, based on the use of IT tools and telecommunications, as well as innovation in business and payment transactions. Comparative model analysis has shown that each model has certain advantages and disadvantages, implying that the choice of an acceptable alternative VAT tax model should be based on a cost-benefit analysis of the positive and negative effects of the selected model on taxpayers, tax administration and public revenue.

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Theoretical aspect of optimal taxation in public finance

Author(s): Branimir Kalaš,Vera Mirović / Language(s): English,Serbian Issue: 4/2018

Taxes are fundamental source of revenues for every economy and the most important segment of fiscal policy. The essence of tax forms is manifested through need to collect funds necessary to finance public expenditures and meet public needs. The paper explains the theoretical concept of optimal taxation from aspect of measuring tax burden, basic tax principles and Lafer curve. Likewise, optimal tax structure is explained by Ramsey rule. The paper should contribute to expansion of theoretical opus on optimal taxation problem and points to importance of an optimal tax structure which will be in the function of improving macroeconomic framework of a country.

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