PANDEMICS AND BEYOND LEGAL IMPLICATIONS FOR COMBATTING ALTERNATIVE FORMS OF TERRORISM AND BIOTERRORISM

Author(s): Mirela KAPO / Language(s): English Issue: 21-22/2024

Preventing terrorism and bioterrorism is a top priority nowadays, both globally and locally. This article examines the phenomenon of terrorism and bioterrorism within a legal and ethical reflection within the framework of law and national security. This work aims to highlight this problem by discussing its factors, dynamics, and prospects in Albania compared to international law. These adjustments are surely well worth analyzing and bringing to the eye of prosecutors and lawmakers today. The study examines terrorism and bioterrorism, including their prosecution, legal measures, and major issues on a global, regional, and national level. By studying the phenomenon, behaviors, worldwide regulation, practices, and judicial predictions, we have come to a few conclusions concerning the suitability of our regulation with the supranational one, specifically with that of the European Union to enhance country-wide protection and improvements in the Rule of Law.

Библиотеката на Съюза на юристите представя

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 9/2024

Korczakowskie „prawo dziecka do szacunku” i wypowiadania swoich myśli w polskim postępowaniu cywilnym

Author(s): Urszula Chęcińska,Kinga Flaga-Gieruszyńska / Language(s): Polish Issue: 10/2024

The article consists of two parts. The first part, based on pedagogical publications, discusses the pedagogical activity of Janusz Korczak as a precursor and advocate for children’s rights. The second part, based on legal publications, presents considerations concerning the rights of the child and their correct reflection, related to the child’s right to be heard in civil cases. The article ends with a conclusion about the necessity of cooperation between educators and lawyers at a time when there is a growing awareness of the need to look for new legal solutions related to the presence of “children without childhood” and “childhood beyond borders.” The article is a preview of further publications on this topic.

ПРИЛОЖИМОСТ НА ДИРЕКТИВА (ЕС) 2019/1158 ОТНОСНО РАВНОВЕСИЕТО МЕЖДУ ПРОФЕСИОНАЛНИЯ И ЛИЧНИЯ ЖИВОТ

Author(s): Luboslav Kostov,Emiliya Stanoeva / Language(s): Bulgarian Issue: 04/2024

The article aims to present a study of how different countries implement the work-life balance directive. The study was carried out in September - November 2024 on the basis of official documents, data and reports from Bulgaria, Germany and Slovenia. A comparative analysis has been made and one specific part of the directive, which concerns teleworking and flexible working hours as a work-life balance solution, has been examined. The results of the survey show that the model of applying flexible working schemes is the best developed in Slovenia - 47% of employers offer the possibility of flexible working hours. It is followed by Germany with 39%, and the least developed is in Bulgaria - only 8% of employers offer this option.

INTERSEX RIGHTS IN THE WESTERN BALKANS AND GREECE

Author(s): Nikoletta Pikramenou,Jelena Simić / Language(s): English Issue: 3/2024

In 2022 Greece became the fifth country in the world to ban harmful interventions and treatments on intersex infants and children. Previously, Malta, Portugal, Germany and Iceland also legally banned harmful interventions on intersex persons. A crucial difference between Greece and the rest of the aforementioned countries is that it is a Christian Orthodox country located in Southeastern Europe, on the Balkan Peninsula. Drawing from a contextual approach to law, in this comparative analysis the authors will use „contextuality“ to explore the meaning behind legal developments that took place in Greece regarding intersex rights and how they could potentially impact the overall situation of intersex rights in the Balkans. In addition, with this paper the authors seek to relocate the dominant focus of intersex rights from Western and Northern Europe with the aim to boost awareness of intersex issues in the Western Balkan region, especially Serbia.

ELEMENTS OF STATEHOOD OF THE INDEPENDENT STATE OF CROATIA (1941–1945)

Author(s): Miloš Zdravković / Language(s): English Issue: 3/2024

The historical phenomenon of the Independent State of Croatia (NDH) is subjected to a basic legal theory analysis, which showed that this Nazi creation, at least to a minimal extent, possessed all the elements of statehood. On a large part of its territory, the Ustasha regime had a monopoly of physical force and was able to implement its basic political purposes. In this regard, the organization of terror against a large number of its inhabitants, which implied a completely new legislation, the formation of new judicial, police and other authorities, the organization of the camp system and railway transport, etc., proves a sufficient measure of the efficiency and regularity of the actions of the NDH state government. Such action produced wartime chaos, which eventually resulted in the loss of elements of statehood, with the creation of a new Yugoslav state in its territory.

Impact of the So-Called the Budget-Related Act on the Pay Policy of Local Government Entities in Relation to Persons Managing Municipal Companies – Selected Issue

Author(s): Kamila Żmuda-Matan / Language(s): English Issue: 2/2024

The article is devoted to the analysis of the impact of budget-related acts from 2018 to 2024 on the remuneration policy of local government units towards persons managing municipal companies, regulated by the Act on the principles of shaping the remuneration of persons managing certain companies, in particular in terms of the systemic inconsistencies generated by this impact.According to the thesis, the mechanism for determining the amount of remuneration of members of bodies in municipal companies is the product of the so-called the basis for calculating and the amount of the average monthly remuneration in the enterprise sector is a regulation enabling efficient adjustment of the amount of remuneration received by members of management and supervisory boards to the economic situation. The subject of the assessment is the negative impact exerted on the analyzed area by annual budget-related acts that freeze the so-called the calculation basis at the level of 2016, as a result of which the remuneration of management staff subject to the scope of application of the Remuneration Act has not changed even by a penny since 2017.The set goal implied the need to use a theoretical, dogmatic and legal research method, based on the analysis of theoretical and legal publications and legal regulations, as well as the positions of supervisory authorities applying the examined legal acts.The analysis of the provisions of the Act on Remuneration, in the author’s opinion, confirms the thesis that the statutory mechanism is clear and transparent, theoretically ensuring modern and competitive remuneration principles. However, the above-mentioned connection mechanism with the so-called freezing the dimension basis, using the so-called budget-related acts, de facto leads to the elimination of the possibility of using the purpose of the legal norm contained in the Remuneration Act. In the context of the identified systemic inconsistency, the author critically assesses the relationship of the budget-related act to the budget act, including the possible subjective and objective scope of its regulation, as an act specifying the provisions of the budget act.

Defense of Human Rights and the Humanitarian Crisis at the Border of Venezuela and Colombia from the United States Policy Perspective

Author(s): Rafał Wordliczek / Language(s): English Issue: 2/2022

The aim of the article is to present the U.S. policy towards the situation on the border between Venezuela and Colombia in recent years. The main reason for the U.S. involvement was the humanitarian crisis in that area. The causes of the migrant crisis include the Maduro regime’s curtailment of democracy, the sharp drop in oil prices and demand on international markets, and the popular revolt. One of the consequences, besides the obvious, humanitarian ones, unfavorable from the perspective of international security and U.S. interests, is the attempt to destabilize the situation in Colombia and undermine its role in the inter-American world. Colombia is a traditional and loyal U.S. ally in the region. Apart from humanitarian considerations from the perspective of U.S. interests, its activity is dictated by economic, political and strategic reasons related to regional security.

Formation of Early National Constitutionalism in the Second Half of the 17th – Early 18th Centuries

Author(s): Anatolii I. Kozachenko,Yuliia V. Perebyinis / Language(s): English Issue: 25/2024

The relevance of the topic lies in the need to disprove the pseudo-scientific statements of the political leadership of the Russian Federation concerning absence of a historical tradition of Ukrainian state-building and national constitutionalism. The article is aimed at analyzing the main sources of constitutional law of the Ukrainian state and peculiarities of the process of formation of early national constitutionalism from the second half of the seventeenth to the beginning of the eighteenth centuries. In the course of the study, the historical comparative and historical typological scientific methods have been used which have made it possible to establish the characteristics of formation of national constitutionalism. Based on the principle of historicism, the objective regularities of the emergence and development of constitutionalism in Ukraine have been revealed. In the article, the process of rise of early national constitutionalism from the second half of the seventeenth to the beginning of the eighteenth centuries has been researched on the basis of the analysis of the sources of constitutional law of Ukraine such as Cossack customary law, Magdeburg law, constitutional legal acts, and treaties. Being in progress, this process was based on its own state and legal experience, in particular, of Zaporizhzhia Sich, as well as the experience of European countries. The key features of constitutionalism were the recognition and statutory expression of rights and freedoms, introduction of a republican form of government, and mechanisms for limiting the state power. It has been proved that the sources of Ukrainian constitutionalism of the Hetmanate period reflect treaty socio-political traditions that existed in the countries of Central and Eastern Europe. The main treaty tradition, which became the basis for the development of Ukrainian constitutionalism, was an effort to protect the interests of the Ukrainian state and representatives of its national elite in various treaty forms, which laid the foundations for legal regulation of social relations. It should be taken in consideration that the features of the process of formation of early national constitutionalism from the second half of the seventeenth to the beginning of the eighteenth centuries were as follows: it was in progress simultaneously with the revival of the Ukrainian state and national liberation war with the Polish-Lithuanian Commonwealth and Tsardom of Muscovy, as well as struggle of officers’ groups for power, confrontation between officers and lower strata of Cossacks. The formation of early national constitutionalism took place under the conditions of significant human and material losses, which was called the Ruin in the national historical science. The prospect of further research into the formation of Ukrainian constitutionalism is caused by the fact that the national historical and legal science and the science of constitutional law have not developed a unified position on the time and features of its emergence and development yet.

Domestic Legal Measures for Increasing Security in The Black Sea Region

Author(s): Lyuboslav Lyubenov / Language(s): English Issue: 2/2024

his article examines selected domestic legal measures employed by the Republic of Bulgaria to enhance security in the Black Sea region. Focusing on criminal and procedural law, it highlights how the criminalization and prosecution of offenses such as smuggling, human trafficking, and environmental crimes strengthen national and regional security. The analysis emphasizes the interplay between legal frameworks and effective enforcement, concluding that robust internal legal measures are essential for safeguarding the Black Sea as a critical geopolitical and economic hub.

THE INFLUENCE OF THE IDEAS OF THE BOURGEOIS REVOLUTION IN FRANCE ON IVAN MAŽURANIĆ

Author(s): Josip Miletić / Language(s): English Issue: 17/2024

The French Revolution is the culmination of ideological and political confrontations of various groups with the ancien régime. Such groups were inspired primarily by the political philosophy of French enlighteners and encyclopedists, who described the principles of a new constitutional state (Sunajko 2008). The various constitutional models aimed at uniting free people into a community that would satisfy the principle of freedom as a basic and inalienable human right (Rodin 1989). Immediately after its outbreak, the Revolution had a negligible impact in Croatia, noticeably smaller than in the rest of the Habsburg Monarchy, where it was also of minor extent and meant freedom only for the nobility. After almost six decades a favorable revival climate was created in Croatia and a great figure who could valorize this rose on the Croatian political scene. His name was Ivan Mažuranić, writer and future ban commoner. This paper analyzes how the ideas of the Revolution influenced Mažuranić’s work. Particular attention is given to his political writings Hrvati Mađarom [Croatians to Hungarians] and Manifest naroda hrvatsko-slavonskog [Manifesto of the Croatian-Slavonian People], published in the revolutionary year of 1848, when Mažuranić was inspired by revolutionary ideas. After that, he turned completely to politics, in a response to the Hungarian hegemonic demands toward the Croats and other non-Hungarian peoples from March and April 1848, whereby the Hungarians referred exclusively to their historical right. Accepting the ideas of the Revolution and the then views of Croatian revivalists, Mažuranić refers to the natural rights as well. He advocates the freedom and equality of Croats and their fundamental historical and natural national rights, including the right to equality of Croatian. Moreover, he advocates the language equality of all peoples in the Monarchy. As a true Christian, he condemns the feudal social order, thus reconciling Christian motives and libertarian ideas.

Postępowanie egzekucyjne albo upadłościowe wobec osoby prawnej Kościoła Katolickiego w Polsce a mienie stanowiące przedmiot kultu religijnego

Author(s): Rafał Adamus / Language(s): Polish Issue: 27/2024

This study addresses the problem of the legal protection of religious objects belonging to legal persons of the Catholic Church in Poland if enforcement proceedings or bankruptcy proceedings are initiated against these legal persons. This paper proposes that so-called ‘church property’ (i.e. property belonging to church legal persons) may be subject to liquidation as part of enforcement or bankruptcy proceedings. A de lege ferenda motion is also put forward, which demands that in such situations, the right of preemption for other church legal entities be introduced. Regarding sacred property, the existing immunity from enforcement is stated in the provisions on enforcement administrative proceedings. In the case of judicial execution, doctrinal views are invoked, indicating immunity from enforcement granted to church legal entities. Several arguments are formulated to justify this immunity. Nevertheless, the imperfection of normative regulation is highlighted. It is also noted that property components not subject to enforcement are not included in bankruptcy estates.

Dopuszczalne różnicowanie sytuacji pracowników ze względu na religię, wyznanie lub światopogląd

Author(s): Małgorzata Czuryk / Language(s): Polish Issue: 27/2024

Both believers and non-believers have equal rights in state, political, economic, social and cultural life. Accordingly, discrimination based on religion or religious convictions is prohibited, including within the framework of employment relations. However, in Polish law, an exception to the principle of non-differentiation among employees on the basis of religion, belief or worldview is set out in Article 183b § 4 of the Labour Code: it is not a violation of the principle of equal treatment for churches and other religious organisations, as well as organisations whose ethics are based on religion, beliefs or worldview, to restrict access to employment based on the same if the nature of their activities makes religion, beliefs or worldview a real and decisive professional requirement imposed on an employee, which is proportionate to achieving the legitimate aim of differentiating the situation of that person. This also applies to the requirement for employees to act in good faith and have loyalty towards the ethics of a church, other religious organisations and organisations whose ethics are based on religion, belief or worldview. The purpose of this article is to reflect on the permissibility of differentiating among employees on the basis of religion, belief or worldview. This requires identifying those who are entitled to apply the provision and criteria for its application. It is also necessary to draw attention to the emerging collision between the rights of an individual (the employee) and the rights of churches and other religious organisations and organisations whose ethics are based on religion, belief or worldview (employers) in the employment process and to the ways of resolving this collision. To balance the rights of the parties with the employment relationship and to prevent abuse, it is necessary to ensure that the court is able to verify whether the criteria of the counter-rule have been applied correctly in a specific situation. When resolving conflicts of rights that arise in this regard, courts should consider both the individual rights of employees and the guarantees and rights of churches and other religious and worldview organisations.

Prawo pacjenta do opieki duszpasterskiej – wybrane problemy praktyczne

Author(s): Michał Białkowski / Language(s): Polish Issue: 27/2024

The present article examines the patient’s right to pastoral care. The subject matter is of particular importance given the changes taking place in Polish society as well as migration (including from cultural circles different from Polish) and the growing awareness of patients of their rights. An additional argument in favour of exploring this topic is the complexity of the legal regulation that requires the interpreter to reach out to various branches of private law (civil law, family law, legal instrument for the protection of patient rights) and public law (constitutional framework of freedom of conscience and religion, organisation of health services). This paper employs a dogmatic-legal method supported by an analysis of Polish court jurisprudence.The aim of this article is to discuss the pastoral care issue by addressing practical problems in the application of the law. Hence, the paper addresses questions related to the implementation of the patient’s right in a manner that ensures respect for his or her will, including the issue of the legal position of a minor and an unconscious patient. The situation of patients who follow religions other than the dominant religion in the Republic of Poland is also analysed. Specific issues related to the role of limitations on judicial and administrative execution as a guarantee of realisation of a right in question or the obligation of the healthcare institution to bear the costs of pastoral care are also addressed.This article provides conclusions mainly concerning the application of the law in relation to the entities who are obliged and entitled to realise the patient’s right to pastoral care. The foundation for effective realisation of rights in this area is the information about a given right and the manner of its exercise. Undoubtedly, regarding the protection of the autonomy of the patient’s will, the non-discrimination of religious minorities, or the principle of incurring costs related to the realisation of this right by the treatment entity, the Polish legal system remains in line with the European standard for the protection of patient rights.

Weryfikacja duchownych w Rejestrze Sprawców Przestępstw na Tle Seksualnym – wybrane zagadnienia

Author(s): Michał Służalec / Language(s): Polish Issue: 27/2024

Pursuant to the amendment, passed on 28 July 2023, to the Polish Act on Counteracting the Threat of Sexual Offences of 13 May 2016, the obligation of special verification aimed at preventing threats of sexual crime was extended to persons to be admitted to activities related to, among others, spiritual development. This obligation entails checking the name of an individual against the Register of Sexual Offenders. The aim of this paper is to analyse the provisions relating to this matter, considering the specific nature of the activities clergy engage in for the benefit of minors. It is important to determine what impact the extension of the verification obligation has on the activities of churches and other religious organizations. In respect of de lege lata, the author points out that – as a rule – this obligation rests on church legal persons. The paper also addresses concerns regarding the interpretation of the analysed provisions.

Rasistowski komponent przestępstw islamofobicznych. Analiza zrewidowanego zalecenia nr 5 dotyczącego ogólnej polityki Europejskiej Komisji przeciwko Rasizmowi i Nietolerancji

Author(s): Filip Ciepły / Language(s): Polish Issue: 27/2024

The aim of this paper is to draw attention to the tendency of European institutions to shift the category of Islamophobic crimes from the normative context of the protection of religious freedom, which is vested in all religions, to the area of preventing and combating racism, which is dominated by the idea of the protection of minorities. The revised General Policy Recommendation No. 5 of the European Commission against Racism and Intolerance (ECRI) represents an important starting point in assessing the change in the model of criminalization of Islamophobic behaviour. The article analyses the concept of Islamophobia, axiological and political assumptions of Recommendation No. 5 and the types of behaviour classified by the ECRI as acts of hatred constituting manifestations of anti-Muslim racism, which should be penalized. The paper also delves into the potential systemic effects of implementing these recommendations, pointing out that an overemphasis on anti-racist policy versus the need for universal protection of religious freedom may violate the principle of equality before the law with regard to other religions, especially Christianity, and even religious freedom itself.

Ujawnienie danych osobowych zawiadamiającego o przestępstwie kościelnym. Kazus i jego rozwiązanie

Author(s): Maciej Andrzejewski,Piotr Kroczek / Language(s): Polish Issue: 27/2024

The background for this article is a case study in which parishioners reported their parish priest for allegedly violating canon law by living in concubinage. The accusations turned out to be false, and the alleged concubine demanded that the diocesan bishop reveal the identities of the reporters. The aim of this article is to determine whether it is permissible to disclose the personal data of the person reporting a church offence to the person whom the report concerns or to other individuals. The article examines this issue in light of both canonical law, including the 2018 General Decree of the Polish Episcopal Conference on data protection, and other generally applicable laws regulating personal data protection (Polish and European laws, including GDPR), as well as other regulations protecting personal rights. To answer this question, the authors have employed the legal dogmatic method to interpret provisions on data protection and the comparative method to compare the scope of data protection in Catholic canonical law and Polish law. This paper focuses mainly on the conditions that must be met, in light of the applicant’s factual and legal interest, for personal data to be disclosed. The analysis shows that neither a factual interest nor a legal interest of a spiritual nature sufficiently justifies the disclosure of personal data; it is necessary to prove the applicant’s material legal interest. According to the proposed syllogism, since the applicant in this case has a material legal interest and the report was false and made in bad faith, the diocesan bishop should conclude that the reporter is not protected and should disclose the data in accordance with the request.

Сравнителноправен анализ на продължителността на отпуските по майчинство и бащинство в Европейския съюз

Author(s): Larisa Todorova / Language(s): Bulgarian Issue: 16/2024

The right to maternity leave, paternity leave and parental leave is regulated in Council Directive 92/85/EEC of 19 October 1992 and Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019. The Member States of the European Union, in accordance with their national law, collective agreements or established practice, determine the rules for the implementation of the directives, provided that the minimum requirements and objectives set out in them are met. The comparative legal analysis of the duration of maternity, paternity and parental leave, as well as the way they are used in the Member States, allows for the adoption of established good practices. On this basis, proposals are made for the improvement of Bulgarian labor legislation in this area.

7th ICLARS Conference "The Accommodation of Religion or Belief in the Public Sphere: Undeserved Privilege or Fundamental Right?", Notre Dame, Indiana, October 21–23, 2024

Author(s): Vanja-Ivan Savić / Language(s): English Issue: 27/2024

7th ICLARS Conference The Accommodation of Religion or Belief in the Public Sphere: Undeserved Privilege or Fundamental Right?, Notre Dame University in Indiana, USA, October 21–23, 2024. The International Consortium for Law and Religion Studies (ICLARS) is one of the most important associations of legal scholars, legal practitioners and social scientists in the interdisciplinary field of law and religion.

Veshja e mëndafshit mes të ndaluarës dhe të lejuarës

Author(s): Ilmije Kuçi / Language(s): Albanian Issue: 1/2024

The Almighty God has given many and great blessings to the sons of Adam, by including that of clothing. This, to protect them from heat and cold, as well as to be an ornament and a garment to cover their bodies, according to Allah’s saying in the Quran: ْ َ َ َُ ً َ ْ ِ ِ ُ ُ ْ ْ َ ʮ بني آدم قد أنزلْنا عليكم لباسا يـواري سواطكم ِ ِ ً وريشا َََ َ َ َ ْ َ َ ِ َ “O sons of Adam, We created for you garment that covers your modesty and a garment ornamental”. Therefore, man should preserve the prosperity that God Almighty has given him, by respecting the rules that come from Allah’s law. Islamic legislation allows men and women to adorn themselves, especially with clothing, but at the same time it has also made some restrictions, including the prohibition of some types of clothing for both men and women, and specifically some more just for men, always as a sign of devotion to the Almighty God. He allowed some things and forbade some others, not to limit the people, but to keep them within limits and order in the universe. This, because God Almighty is Wise in His commands and prohibitions. He does not command except what is in the interest of man, and He does not forbid except that which is harmful to them. The wisdom of these ordinances and prohibitions can be shown to His creatures or it may not appear to them. Therefore, the issue of clothing in Islam, meaning here that of women and men, is important in the legislation of Islam. Jurists have paid special attention to it by defining whole chapters for it it's rules. In the following, we will focus on clarifying the provision of mean wearing silk.