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ÉLECTION OU NOMINATION ? RETOUR SUR LES DERNIÈRES ÉVOLUTIONS LÉGISLATIVES PORTANT SUR LA DÉSIGNATION DES GOUVERNEURS EN RUSSIE

Author(s): Richat Sabitov / Language(s): French Issue: 1/2015

La Russie est une superposition des pouvoirs exécutifs et législatifs. Le chef de l’exécutif régional (glava) est formellement indépendant du Centre puisque la Constitution russe octroie aux régions le droit d’organiser leur système de pouvoirs, nécessaire pour exercer les compétences d’État (art. 77). N’étant pas définie, de manière explicite, par la Loi fondamentale, la procédure d’accès à la fonction de chef de l’exécutif régional est soumise aux aléas de la conjoncture politique fédérale.

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LES PREMIERS EFFETS DE LA RÉFORME DU PROCÈS CONSTITUTIONNEL EN BIÉLORUSSIE

Author(s): Tatiana Maslovskaya / Language(s): French Issue: 1/2015

Selon l’article 116 de la Constitution de la République du Belarus, peuvent présenter un recours devant la Cour constitutionnelle les autorités suivantes : le Président de la République, le Conseil des ministres, la Chambre des représentants (Chambre basse du Parlement), le Conseil de la République (Chambre haute du Parlement) et la Cour suprême du Belarus. Le texte constitutionnel ne prévoit donc pas de possibilité de saisine du juge constitutionnel pour les individus. La loi de la République du Belarus « Sur la procédure de la justice constitutionnelle » du 8 janvier 2014 est venue remédier à cette faille en introduisant un mécanisme de saisine indirecte par pétition. En effet, les personnes qui s’estiment victimes d’une violation des droits et libertés qui leur sont garantis par la Constitution peuvent envoyer une pétition aux institutions disposant du droit de saisir la Cour constitutionnelle pour la lui transmettre.

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LA RECONNAISSANCE JURIDIQUE DES COUPLES HOMOSEXUELS À L’EST, ENTRE ÉVOLUTIONS, RÉSISTANCES ET CONTRAINTES

Author(s): Natașa Danelciuc-Colodrovschi / Language(s): French Issue: 1/2015

La question de la légalisation des couples de même sexe a fait irruption ces dernières années dans les débats dans les pays de l’Est. Les divisions autour de cette question politiquement et socialement sensible ne cessent de s’amplifier, chacune des parties défendant ses positions et rejetant l’idée d’un consensus en vue de garantir une meilleure protection des droits et libertés de chacun. La nouvelle impulsion visant la légalisation des couples homosexuels, qui peut être observée dans un certain nombre d’États, relève souvent d’une démarche audacieuse des responsables politiques qui n’est pas toujours soutenues par la société civile (I). Certains États, au contraire, ont préféré le renforcement des mécanismes devant empêcher toute légalisation au nom de la défense des valeurs familiales traditionnelles (II). Dans ces pays où, pour des raisons politiques ou sociétales, aucune mesure en la matière n’a été mise en œuvre, le changement pourrait toutefois se faire au rythme des évolutions au niveau européen (III).

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HOW THE LAW PROTECTS INDIVIDUALS FROM DOMESTIC VIOLENCE IN POLAND AND UKRAINE: A COMPARATIVE STUDY

Author(s): Maryna Demura / Language(s): English Issue: 2/2024

One of the most important human rights is the right to life. This right is subject to protection in all spheres of public life. One area of protection of the right to life is the protection of individuals from domestic violence. In this article, based on the analysis of statistical data, it is established that – despite the ratification of the Istanbul Convention and systematic measures to implement its provisions – the level of domestic violence remains extremely high in Ukraine and Poland. The differences between the initiation of pretrial domestic violence investigations in Ukraine and Poland are analyzed, and the peculiarities of the initiation of ex parte and ex officio proceedings are determined. On the basis of this research, recommendations are put forward to improve the Ukrainian criminal procedure legislation. In particular, proceedings on the fact of having committed domestic violence should be initiated regardless of the existence of a victim statement – that is, ex parte proceedings should be changed to ex officio proceedings.

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Money Rules All – Financial Motives in the Babatha Archive

Author(s): Valéria Terézia Dančiaková / Language(s): English Issue: 51 (5)/2024

The Babatha Archive is a collection of legal texts, procedural or personal, most of which are written in Greek and present a probe into everyday life of persons of Jewish descent living at the beginning of the second century CE in the province of Arabia. Studying the Archive is not only valuable for legal history, but it also casts light on the relationship between the Jewish population of the era and the Roman administration, which is important for the study of the Second Temple Judaism as well. In the article, we want to introduce those papyri of the Archive that are the result of the expression of the will of the parties involved, whether by contract or another legal act. For these reasons we study papyri P. Yadin 5 (depositum), 11 (mutuum), 17 (depositum), 18 (marriage contract), 19 (donatio), 20 (concession of rights), 21 and 22 (emptio-venditio). At times we refer to other papyri that address similar situations. We want to point out the financial motivation for drawing these documents and with it also the need for securing the validity and enforceability of the obligations included in the selected documents.

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Pieniądz rządzi wszystkim – motywy finansowe w archiwum Babathy

Author(s): Valéria Terézia Dančiaková / Language(s): Polish Issue: 51 (5)/2024

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Principiul reprezentării – esența și cheia democrației parlamentare

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Principiul reprezentării – esența și cheia democrației parlamentare

Author(s): Cristian Ionescu / Language(s): Romanian Issue: 03/2025

In this article the author analyzes the origin and development process of the principle of representation. In this context, it is shown that the formation and theoretical foundation, as well as the transposition into constitutional acts of the principle of representation are much younger than its application even in rudimentary forms, corresponding to the incipient stage of development of government relations in the first socially organized human communities. The principle of representation was formed in close connection with the principle of sovereignty and is based on the idea that the people cannot directly exercise the full range of attributes involved in the exercise of state power and authority. In accordance with the principle of representation, the constitutional architecture of the state must reside in the consent of the governed periodically expressed in form of free democratic elections.

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ДРЖАВНОПРАВНЕ РЕФОРМЕ СТЕФАНА ДУШАНА И РОМЕЈСКО ДРЖАВНО ПРАВО ПАЛЕОЛОГА

Author(s): Đorđe Stepić / Language(s): Serbian Issue: 4 (2)/2024

After the conquest of important Rhomaian territories by the Serbian rulers, an increasingly strong influence of Rhomaian law appeared in the Serbian state order. It reached its peak with Emperor Stefan Dušan’s legislative and legal-reform work in general, which steadily rested on Roman foundations. The purpose of this paper is to show that such a path of legal reorganization is not only carried out in principle, i.e. the way of relying on the thousand-year history of the Eastern Roman legal system, but that in many respects it is directly connected with the latest facets of Roman law, embodied above all in its development from the era of the first emperors of the Palaiologian dynasty, up to Dušan’s contemporary, Emperor Andronikos III. Their rule brought an attempt to centralize the Eastern Roman state, which is seen in the closer subjugation of fragmented territories to the imperial power, through administrative measures, and diplomatic and military action, with variable success. At that time, the Blastares’ Syntagma was drawn up (around 1335), the jurisdiction of the secular and ecclesiastical courts was more precisely defined, and the position of the highest imperial judges (universal judges) was redefined – who served as likely models for the “judges of the empire” of Dušan’s Code. These and other parallels, primarily administrative and legal, will be viewed in ahistorical and comparative legal framework, in order to better understand the connection between Dušan’s and previous reforms in the Roman Empire.

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ХИТНЕ МЕРЕ ПРЕМА ЗАКОНУ О СПРЕЧАВАЊУ НАСИЉА У ПОРОДИЦИ

Author(s): Veljko Turanjanin,Milica Mitrovski / Language(s): Serbian Issue: 4 (2)/2024

The authors in this paper address the issue of imposing and extending emergency measures according to the Act on Prevention of Domestic Violence. Domestic violence represents a problem of the entire society. Throughout history, all events related to the family, and thus violence within it, are treated as exclusively private matters of its members which should not be interfered with. In the Republic of Serbia, in 2016, the Act on Prevention of Domestic Violence was adopted, incorporating the most important international standards in this area, including zero tolerance for domestic violence and cooperation and coordination of state bodies in combating it. The authors seek to explain the position of judges in the procedure for protection from domestic violence, emphasizing the powers for extending emergency measures initially imposed by the competent police officer, particularly considering the criteria that the court follows when extending these measures. Then, the authors discuss the importance of coordinated action by state bodies, relying on the practice of the European Court of Human Rights.

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KRIVIČNOPRAVNI INSTRUMENTI ZAŠTITE ŽRTAVA KRIMINALITETA U CRNOGORSKOM ZAKONODAVSTVU I EVROPSKI PRAVNI STANDARDI

Author(s): Aleksandra Rakočević / Language(s): Montenegrine Issue: 4 (2)/2024

The research focus of this paper is the victimological dimension of the criminal phenomenon, that is, the victim of a criminal offence, as well as the typology of victims, the risk of victimization, victimogenic predispositions and the protection of victims of crime in the substantive and procedural criminal legislation of Montenegro and the European Union. Criminal law protection of victims of criminal offences is still not complete and satisfactory, despite the alarming data on the increasingly pronounced victimization of a large number of people at the national and global level. The efforts of the European Union and individual states to standardize and implement appropriate criminal law instruments for providing assistance in the protection of victims of crime, despite good normative solutions, still do not give the expected results in terms of reducing the number of victims of criminal offences. A major problem is the secondary victimization to which the victims are exposed due to the lack of an effective support system, in order to alleviate the trauma of victimization. Every person victimized by different types of incriminations experienced suffering and pain, was harmed or had their personal rights violated. Therefore, criminal law theory increasingly focuses on researching the position of the victim in criminal proceedings. The victim is given public legal importance since she can make a great contribution to the correct and complete determination of the factual situation in criminal proceedings. In the paper, special attention will be paid to European legal standards in this area with emphasis on Directive 2012/29/EU of the European Parliament and the Council on the establishment of minimum standards in the rights, support and protection of victims of crime and its compatibility with Montenegrin criminal legislation.

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IZNAD UBISTVA? – PREISPITIVANJE PRAVNIH PARADIGMI ZA PREPOZNAVANJE FEMICIDA

Author(s): Filip Novaković / Language(s): Bosnian Issue: 4 (2)/2024

This paper delves into the issue of femicide and the challenges associated with its recognition within national legislations. Femicide, defined as the intentional killing of women based on gender, has become a critical global issue, reflecting deeply entrenched social inequalities. This paper critically examines existing legal frameworks in various jurisdictions and evaluates their effectiveness in addressing the unique nature of femicide. The paper addresses the development of the conceptualization of femicide in the context of criminal law, raising questions about the need for specialized legal responses that acknowledge different motives and patterns related to gender-based and gender-motivated violence. Drawing on comparative legal analysis, the paper highlights variations in legislative approaches, from explicit criminalization to the development of purpose-specific femicide laws. It assesses the advantages and weaknesses of these approaches, considering their impact on criminal prosecution, prevention, and overall deterrence of femicide. Furthermore, the paper addresses the complexity surrounding the collection of evidence in femicide cases, examining the challenges law enforcement bodies face in recognizing and appropriately investigating such criminal acts. Synthesizing legal, sociological, and criminological perspectives, this paper contributes to the ongoing discourse on femicide, offering insights that can inform the development of legislation and enhance the fight against gender-based violence.

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POLITICAL INSTRUMENTALISATION OF GENOCIDE

Author(s): Darko Marković M. / Language(s): English Issue: 4 (2)/2024

As a group crime, genocide belongs to the darkest pages in the history of humanity, which are, unfortunately, still being written. It is the crime of all crimes, not only because of the massive number of victims, but also because of the reason they suffer, which does not lie in any subjective fault, but in the objective circumstances of them belonging to a certain race, nation and/or religion. The UN Convention on the Prevention and Punishment of the Crime of Genocide offers a legal framework for the prosecution of genocide, while the very process of its creation already gave us first indications of obfuscation of justice for the sake of fulfilling geopolitical interests. From then to this day international relations development has played an important role in shaping the perception of genocide, often neglecting or arbitrarily interpreting the norms of international law. Such practise resulted in the assumption that law is very often politically instrumentalised when interpreting the crime of genocide. Starting from the assumption formulated in this way, the purpose of this paper is to establish clear indicators of the manifestation of political instrumentalization of the crime of genocide in the international practice so far. In the first part of the paper, normative-dogmatic and historical methods, linguistic, logical and systematic interpretation of the international legal norms are all used to analyse legally formulated criteria that has to be fulfilled for an action to be qualified as genocide. In the continuation, the most typical examples of the subject of this work, from both distant and recent past, are analysed using the historical and comparative methods, as well as the abstraction method, which is how two basic forms of politization are distinguished – political obstruction and political construction of genocide, which confirms the initial assumption

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УЖЕ И ШИРЕ ДЕЈСТВО МЕЂУНАРОДНИХ УГОВОРА У ПРАВУ ЕУ

Author(s): Sanja Đorđević Aleksovski / Language(s): Serbian Issue: 4 (2)/2024

One of the essential issues in any internal legal order is to determine the scope and intensity of the effect of confirmed international treaties. In this respect, the solutions of the EU legal order should be analzysed and the effects of international agreements should be classified by using methods of content analysis in combination with the evolving jurisprudence of EU courts. Despite the initial impression of a friendly, monistic attitude of the Court of Justice towards the general international law, based on the premise of giving direct effect in the narrower sense to individual provisions of international treaties, the situation has dramatically changed. For several decades, the Court of Justice recognized the direct effect of provisions of international agreements of an economic nature. However, today, due to the increasing expansion of EU Law to other fields, the number of international agreements that do not have direct effect is increasing. Bearing in mind this “guard” of the Court of Justice, there is a growing number of situations involving essential impermeability of international law norms within EU Law or their formal reception without the possibility of producing an effect internally. Therefore, EU Member States had to review the possibility of referring to international agreements both within EU law (for the purpose of challenging secondary legislation or revision of national regulations, as well as interpretation) and before other international bodies, which ultimately generated a critical analysis and review of the classic doctrine of direct effect of international agreements. Considering that the direct effect has various functions in the internal and (so-called) external law of the EU, itis viewed in two ways: the narrower sense (stricto sensu) and the broader sense (lato sensu). Fora long time, the prevailing view in jurisprudence and academic literature was that direct effect in the narrower sense is a prerequisite for referring to an international agreement within EU law. As a result of the subsequent criticism of this solution, the concept of direct effect has been expanded. Now, it has a different meaning in the context of application of international agreements and approaches the concept of direct applicability.

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„БЕСПИЛОТНЕ ЛЕТЈЕЛИЦЕ“ КАО СРЕДСТВО ИЗВРШЕЊА КРИВИЧНОГ ДЈЕЛА ТЕРОРИЗМА

Author(s): Bojana Knežević / Language(s): Bosnian Issue: 4 (2)/2024

At the mention of “unmanned aerial vehicles” (drones), most people will associate some kind of conflict in which drones are used during reconnaissance and attacks on infrastructure facilities. This paper will discuss their use during terrorist attacks, in times of peace, i.e. when an attack is not expected. Through the work, specific ways in which terrorists can use drones will be shown, since terrorists no longer only carry out suicide attacks, but terrorist attacks are carried out with the help of modern technology. It is necessary to observe this problem both globally and with a focus on the territory of Bosnia and Herzegovina. After that, an overview of the most important international and regional regulations, which deal with this area, will be made. Technological progress cannot be stopped, therefore it is important to see to what extent it is possible to limit the use of these technological means, so that they are used only for permitted purposes.

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ASPECTS REGARDING WORK THROUGH A TEMPORARY EMPLOYMENT AGENT

Author(s): Isabela Stancea / Language(s): English Issue: 2/2024

The temporary work agent is a legal person, authorized by the Ministry of Labor and Social Solidarity, which concludes temporary work contracts with temporary employees, to make them available to the user/beneficiary, to work for the period established by the contract of making available under the supervision and its leadership. The operating conditions of the temporary work agent, as well as the authorization procedure, are established by a Government decision.

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Revizuirea legii fundamentale din perspectiva vârstei exercitării dreptului la vot: necesitate pentru societate sau oportunitate politică?

Author(s): Nicolae-Alexandru Popa / Language(s): Romanian Issue: 2/2024

The present study is based on the analysis of citizens’ right to vote, one of the most important fundamental rights of a citizen. In order to form a comprehensive perspective on the subject, historical aspects of the right to vote are initially addressed, as well as its current regulation at both the national and regional levels. At the same time, the idea of revising the Constitution of Romania has been discussed in the Romanian political scene from the perspective of the minimum age for exercising the right to vote, which is constitutionally established in article 36 of the Fundamental Law. We hope that the study will provide a clear answer from the perspective of the right to vote and in accordance with the current needs of Romanian society.

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REPERTORIUL DE JURISPRUDENȚĂ ÎN MATERIE FISCALĂ AL CURȚII DE JUSTIȚIE A UNIUNII EUROPENE
IULIE – AUGUST 2024

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REPERTORIUL DE JURISPRUDENȚĂ ÎN MATERIE FISCALĂ AL CURȚII DE JUSTIȚIE A UNIUNII EUROPENE IULIE – AUGUST 2024

Author(s): Miruna Mihuță / Language(s): Romanian Issue: 4/2024

This article contains the following: Hotărârea Curții din 4 iulie 2024, cauza C‑179/23, având ca obiect o cerere de decizie preliminară formulată în temeiul articolului 267 TFUE de Înalta Curte de Casație și Justiție (România), prin decizia din 15 noiembrie 2022, primită de Curte la 21 martie 2023, în procedura Centrul Român pentru Administrarea Drepturilor Artiștilor Interpreți (Credidam) împotriva Guvernului României, Ministerului Finanțelor. / Hotărârea Curții din 4 iulie 2024, cauza C‑87/23, având ca obiect o cerere de decizie preliminară formulată în temeiul articolului 267 TFUE de Administratīvā apgabaltiesa (Curtea Administrativă Regională, Letonia), prin decizia din 14 februarie 2023, primită de Curte la 15 februarie 2023, în procedura Biedrība „Latvijas Informācijas un komunikācijas tehnoloģijas asociācija” împotriva Valsts ieņēmumu dienests. / Hotărârea Curții din 11 iulie 2024, cauza C‑182/23, având ca obiect o cerere de decizie preliminară formulată în temeiul articolului 267 TFUE de Naczelny Sąd Administracyjny (Curtea Supremă Administrativă, Polonia), prin decizia din 18 ianuarie 2023, primită de Curte la 22 martie 2023, în procedura Dyrektor Krajowej Informacji Skarbowej împotriva J.S. / Hotărârea Curții din 11 iulie 2024, cauza C‑184/23, având ca obiect o cerere de decizie preliminară formulată în temeiul articolului 267 TFUE de Bundesfinanzhof (Curtea Federală Fiscală, Germania), prin decizia din 26 ianuarie 2023, primită de Curte la 22 martie 2023, în procedura Finanzamt T împotriva S.

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Rolul Curții Internaționale de Justiție în soluționarea diferendelor internaționale

Author(s): Roxana-Mariana Popescu / Language(s): Romanian Issue: 1/2025

The International Court of Justice helps resolve disputes between states through legal means, ensuring peaceful conflict resolution. It interprets international treaties and laws, providing binding decisions that states must follow. The court also issues advisory opinions to guide the United Nations and other international organizations. Additionally, it plays a key role in preventing conflicts by offering legal frameworks for negotiation and diplomacy. Its rulings contribute to the development of international legal principles, shaping the future of global justice.

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Inteligența artificială și drepturile și libertățile fundamentale constituționale

Author(s): Andrei-Alexandru Stoica / Language(s): Romanian Issue: 1/2025

Artificial intelligence has steadily become an essential tool for humanity, shaping various aspects of society, economics, and legal affairs. However, as artificial intelligence evolves and adapts to its environment, humanity must recognize the need to regulate its use and complex processing capabilities. Therefore, we propose to analyze how fundamental rights and obligations found in the constitutions of the United States, Romania, and other nations might be extended to AI systems or used to govern their behavior. This paper seeks to answer whether constitutional rights can be applied to electronic agents or if machines might receive freedoms akin to those granted to animals.

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Leadershipul transformațional în autoritățile publice din România, între aspirație și realitate

Author(s): Ștefan Ponea / Language(s): Romanian Issue: 1/2025

In Romania, the emergence and development of leadership in public authorities is not a novelty, but has been the subject of much debate among theorists and practitioners over the past decades of reform, becoming a highly topical concept. The particularities of the public sector in our country, which is constantly changing and adapting to the European model, inline with the national interest now and in the future, lead to the development of a certain type of leadership that offers solutions and is in line with the specific features of national public structures. Also, the future Romanian leaders in the public space must be identified on the basis of their leadership skills as well as their training and specialization in the field, given that transformational leadership means vision and the ability to get people to act and adhere to the proposed goal and, for this very reason, it is recognized as a basic component of good governance.

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