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Viaţa universitară cu statut special

Author(s): Andreea Cîrciumaru / Language(s): Romanian Issue: 1/2017

The normative act that regulates the entire Romanian education system at present is Law no. 1/2011, the national education law, as amended and supplemented. The latter is an organic law and, as such, in the hierarchy of normative acts of Romania, the only act with legal force superior to an organic law is the revised Constitution of Romania. Both the institution as a whole and its teaching staff will be subject to the provisions of Law no. 1/2011, but only in the aspects in which this normative act intends to establish special regulations on the organization and functioning of the institution and to deviate from the regulations that are usually applied to the units subordinated to M.A.I

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Unele aspecte de drept comparat referitoare la protecția drepturilor celor administrați în relația cu administrația publică

Author(s): Andreea Cîrciumaru,Cătălin Stănculescu / Language(s): Romanian Issue: 2/2013

The citizens, through the application of the rules of law, are subject to the provisions of administrative bodies, provisions by which they are ordered to do something, they are prohibited from or permitted to act in a certain manner. These bodies in their work often exceed the limits of the law when they prescribe a certain conduct, thus causing potential or actual damage to the citizens. The control over the public administration is the means by which one examines whether its structures act in accordance with the benchmarks set out and the overall goals of the government. The function of such control is to reveal deviations from the legal norms and establish corrective measures for law enforcement action.

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Prognoza şi planificarea personalului – componente ale dreptului la carieră

Author(s): Eugeniu-Ciprian Constantin / Language(s): Romanian Issue: 2/2012

The personnel prognosis and planning represents essential responsibilities of the organization. The achieving of the objectives, in the complexity of the activities that it carries on, imposes to the institution the attraction of an adequate and in sufficient number personnel. In this way, the efficient administration of the planning process within the organization, must give responsibilities and must professionalize the personnel with planning duty, must sustain the personnel with planning duty, the efficient organizing of the planning, aspects which, if they were approached in a pragmatic manner, they could assure the success of this process

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Around the Bloc: Around the Bloc - Bulgarian Officials Charged in Fake Passport Scheme
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Around the Bloc: Around the Bloc - Bulgarian Officials Charged in Fake Passport Scheme

Author(s): TOL TOL / Language(s): English Issue: 11/06/2018

Operation reportedly sold Bulgarian ancestry certificates to people in non-EU countries.

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Nekontrolisana tužilačka moć

Nekontrolisana tužilačka moć

Author(s): Branko Perić / Language(s): Bosnian Issue: 34/2018

The author discusses the issue of uncontrolled prosecutorial powers through an analysis of manifestations of abuse of prosecutorial powers in the segments related to granting immunity, concluding guilty plea agreements, witness intimidation, elimination of defense attorneys from criminal proceedings, undercover investigator’s inciting suspects to commit criminal offenses, and charging the accused repeatedly for the same facts, concluding that it is necessary to have an efficient control of the exercise of prosecutorial powers in order to check these tendencies and secure lawful prosecutorial operations. At the same time, the author puts forward, in the form of theses for consideration, certain proposals as to the ways in which it is possible to exercise control of prosecutorial powers, while avoiding the risk of jeopardizing prosecutorial independence. In that regard, the author points to possible amendments to the criminal code (incrimination of violations of law by prosecutors), introduction of internal and external control mechanisms, as well as broader judicial powers in supervising the investigation process.

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Стратегия на Европейската комисия
за обществените поръчки. Възприемане на европейските приоритети в областта на обществените поръчки от Република България

Стратегия на Европейската комисия за обществените поръчки. Възприемане на европейските приоритети в областта на обществените поръчки от Република България

Author(s): Momchil Mavrov / Language(s): Bulgarian Issue: 3/2018

Within the European Union, a very large percentage of public investment is spent through public procurement. This trend has a significant impact on the financial costs of the Union, which is why a number of measures have been taken to create an adequate and flexible legal framework to ensure the delivery of better and more efficient public procurement. Some of these measures are aimed at adopting appropriate acts in the field, such as: Directive 2007/66 / EC of the European Parliament and of the Council, Directives 89/665 / EEC and 92/13 / EEC, the Single Market Strategy (COM (2015)) 550), as well as the European Commission‘s 2017 Public Procurement Strategy. The latter document is important for improving European practices in the field, as it defines priorities in Community policy with regard to public procurement. The Bulgarian legislator should be well acquainted with the European legal framework for public procurement with a view to its proper application in national law.

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Непълен работен ден и работа на повикване

Непълен работен ден и работа на повикване

Author(s): Nenko Salchev / Language(s): Bulgarian Issue: 3/2018

This article examines the extent and nature of part-time work and how it has changed over time. It examines factors influencing decisions of enterprises and individuals to offer and accept part-time work. Part-time work has become an important form of employment, which has grown continuously since the 1970s to the present. Its benefits are related to the prerequisites for reconciliation of work-life balance and the possibility of including in the labour market some groups of the society who are unable to work full-time. Part-time work allows employers to reduce their expenses for wages and gives them flexibility in organizing the work in enterprise. Its widespread use in certain cases entails risks of reducing the general level of worker’s protection, deteriorating working conditions, discrimination and even marginalizing part of the employees. Thus the possible continuation of the trend towards more flexible working time patterns should be pursued through a holistic approach combining certain aspects of employment, social security and tax legislation. In this way, the rights of employees will be guaranteed and expanded and also the negative effect of reducing the protection of workers and the transfer of economic risks to them will be limited. Special attention is paid to “on-call” and “zero-hours” labour contracts, in which there is no contractual minimum length of working time. Indicated are the negative impacts on the employee’s interests in the use of these types of labour contracts and how they transfer the economic risks from the employer to the employees. It is clearly stated why these types of labour contracts are not eligible under Bulgarian labour legislation and how their possible regulation could lead to the violation of the workers’ subjective rights.In conclusion, it is assert that in the Bulgarian system of labourrelations, part-time work has the necessary balance to protect theinterests of the parties. Employers in Bulgaria have the opportunity to take advantage of various forms of work organization in the enterprise, with only one of them being part-time work. The use of parttimework requires good planning of work processes and knowledge ofthe nature of business activity in order to ensure maximum efficiency of work and to reduce labour costs, which is the essence of good business management.

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Инклузија слепих и слабовидих особа у програмске активности музеја на отвореном – пример пројектa Тактилна баштина

Инклузија слепих и слабовидих особа у програмске активности музеја на отвореном – пример пројектa Тактилна баштина

Author(s): Bojana Bogdanović / Language(s): Serbian Issue: 1/2017

The paper featuring the project Tactile Heritage, implemented in 2015 at the Open-air Museum “Old Village” in Sirogojno, revises the process of inclusion of blind and visually impaired people in the program activities of the open-air museum. The current museum practice in Serbia shows that insufficient attention is paid to the groups of people for whom the museum activities are partially (or fully) (un)avaliable and those who do not take part in museum activities (by their or other people's will). The aim of the paper is to draw attention to the possibilities of improving availability and quality of museum content to people with disabilities. However, due to the studious presentation, the paper provides general overview of the legal and statutory regulations as well as specific and important concepts that are key to the system of general museology, which in their totality contribute to the improvement of modern museum practice. In accordance with the principles of new museology that attempts to break the two-century long tradition of exclusivity and elitism of museological work, the project Tactile Heritage demonstrates that the museum communication can (and must) balance between the peculiarities and constraints of users as well as specificities and possibilities of the new media.

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Watchmen or Guards? The Prison Guard in the Second Polish Republic

Watchmen or Guards? The Prison Guard in the Second Polish Republic

Author(s): Mateusz Rodak / Language(s): English Issue: 118/2018

The officer core of the Prison Guard (Straż Więzienna, SW), a formation established only as late as 1932, emerged from the narrow circle of persons associated with the Prison Section, which emerged in 1918. Its membership consisted of a small cadre of Polish guards who had gained experience in prisons controlled by the occupying powers. Unless they had worked in prisons before 1918, the rank-andfile of the SW consisted of demobilised and/or retired soldiers as well as of would-be or ex-policemen. ‘Street people’ in many cases, they treated the work as temporary or took it up as an easy job. The reality they faced on the other side of the wall quickly verified their convictions about the task they had accepted. As a result, the ranks of the SW were given to heavy rotation, evident up to 1939. Employees of the interwar prison system did not enjoy much public regard; for some, leaving the army to become a prison guard felt like social degradation. Aside from a few minor exceptions – such as prison breaks, stories of convict abuse – this peculiar group of workers was generally absent from the public narrative of the re-established state. Naturally, its problems were debated among experts, but these debates did not seep into the press as often as those concerning the police. For many years after 1918, the SW continued to be perceived through the nineteenthcentury image of the guard as watchman, a personification of the oppressive partition governments. SW functionaries associated with the labour union established in 1932 as well as the Przegląd Więziennictwa Polskiego (Polish Penal Review) magazine took up the daunting task of improving that image.The article provides an analysis of their efforts, attempting a response whether their goals were achieved, at least to a degree. My focus is on the public perception of the formation, while I also try to establish whether its foundation and development was perceived as a success (as was the case, for instance, with the police). My interests, however, are not limited to the media and public image of the SW corps, but also include the conditions under which its members laboured. In this context, I am particularly interested in the realities of the prison corridor; in the article, I attempt to describe the tenor of the relations between guards and prisoners in contemporary prisons (especially the prevailing aggression). Finally, I pursue a reconstruction of the image/s of the SW created by convicts, with particular focus on the significance of the change associated with the year 1918.My analysis leads to somewhat pessimistic conclusions. The major changes involved in the professionalization of the cadres and partial implementation of the prison reform that also affected the SW do not appear to have been satisfactory. Attempts to dismantle stereotypes of the guards could only achieve limited success, and the SW remained a formation of thoroughly dubious quality.

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Political Prisoners in Poland, 1944–56: The Sources and Strategies of Resistance in the Authoritarian State’s Prison System

Political Prisoners in Poland, 1944–56: The Sources and Strategies of Resistance in the Authoritarian State’s Prison System

Author(s): Anna Machcewicz / Language(s): English Issue: 118/2018

This article seeks to reconstruct the resistance attitudes and strategies of survival among political prisoners in Poland in the years 1944–56, referred to as the Stalinist period. The introductory section reviews the literature on social resistance in authoritarian political systems, including Poland and covering political prisoners. Subsequently, a definition of ‘political prisoner’ is proposed and the socio-political context of the Stalinist period presented, in which prisons were assigned a strictly repressive function. The present analysis primarily seeks to answer the question whether the conditions in Stalinist prisons offered any room for opportunity to resist the authoritarian power – and, if yes, what sort of experiences and models the convicted resorted to. I also sought to see what forms rebellion against the authority assumed and what was the purpose of the adopted survival strategies. The article is based on documents generated by the Ministry of Public Security’s Prison Management Department and the penitentiary units reporting to it, as well as on memoirs and accounts of former political prisoners.

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Prison and Society Connected. The Development of the Czechoslovak Prison System in 1945–92

Prison and Society Connected. The Development of the Czechoslovak Prison System in 1945–92

Author(s): Klára Pinerová / Language(s): English Issue: 118/2018

The aim of this article is to describe the transformation of the prison system during the years 1945–92 in Czechoslovakia. The following phases are analysed: the sovietisation process in the 1950s, the humanization and professionalization processes in the 1960s, the ambivalence between modernisation and repression in the 1970s and 1980s, and finally the democratisation that occurred after 1989. For each phase, it will be explained how the system was influenced by the concept of class struggle, mainly reflected in the approach to political prisoners, as well as a modernist-technocratic approach that gained priority at the time of the release of political prisoners in the 1960s. The aim is to show the dominant trends during this period and how the political and social context was reflected in the prison system.

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Sąd jak inkarnacja Ludu. Dekonstrukcja idei ludowego konstytucjonalizmu

Sąd jak inkarnacja Ludu. Dekonstrukcja idei ludowego konstytucjonalizmu

Author(s): Arkadiusz Barut / Language(s): Polish Issue: 2/2017

The subject of this article is an analysis of the idea of popular constitutionalism formulated in American philosophy of law. The starting point for the author is to identify the lack of legitimacy of contemporary government, and consequently its product – the positive law. The solution to this problem is supposed to be the idea of deliberative politics, based on social discussion and responsive law, created through the activity of many subjects, reflecting differentiated identities and ways of seeing the world. Deliberative politics and the responsiveness of law may, however, mean either a social reality, real discussion on law and politics, or a regulatory idea which the activities of elite bodies may advance. In American philosophy of law, the idea that popular constitutionalism was to respond to the postulate of legitimisation of the law by providing the public, and in particular, representatives of ’new social movements‘ such as ‘the civil rights movement‘ in the 1960s, direct participation in its creation and application, was an expression of concern also expressed by the authors of the left in the face of the law-making judgments of the Warren Court. The reformulation of this idea, made in particular by Bruce Ackerman, or its identification with American Supreme Court’s jurisprudence, is an expression of a change in understanding or even deconstruction of fundamental political and legal ideas such as representation and democracy. The consequence is the detachment of the concept of the People from a relation to a particular empirical community. This process appears as an aspect of the ideological phenomenon that goes beyond the American context, i.e. legitimacy, according to the criterion of realizing the slogan of protection of human rights, of elitist bodies. The examples are: the conceptions of Pierre Rosanvallon, and Dominique Rousseau. The author of the article points out the dangers of this movement. The radical shifting of the meaning of words causes irrationalisation of public discourse, and the legitmisation of the role of played by constitutional court as a defender of human rights can exclude all possibilities of the criticism of its lawmaking.

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Wpływ religii rzymskiej na kształtowanie się prawa spadkowego wczesnej republiki

Wpływ religii rzymskiej na kształtowanie się prawa spadkowego wczesnej republiki

Author(s): Karol Chyłka / Language(s): Polish Issue: 11 (2)/2018

The normative system originating at the beginnings of the Roman monarchy bound the sacral realm and the realm of law together in ways that made it impossible to distinguish between those two orders. It was not until the 5th century BCE, when the rising autonomy of law prompted the question of the impact of Roman beliefs on the formation of legal institutions, especially the law of succession, highly reflective of religious convictions of the Romans in the early Republic. The law at that time, being formed by the college of pontiffs, or priests (pontifical jurisprudence), remained under a strong influence of faith professed by society, at the core of which was domestic worship (sacra privata) practiced in order to provide families and gentes with prosperity. The regulations regarding succession were aimed to maintain its continuity by introducing a universal successor (heres), linking an obligation to continue domestic worship with the patrimony (patrimonium), controlling a universal succession by way of pontiffs on the strength of the calatis comitiis will, and also by enabling the acquisition of an inheritance through usucapion (usucapio pro herede), and, finally, by broadening the scope of people responsible for religious rites to co-heirs (coheredes) and members of the gens (gentiles).

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Franciszka Ksawerego Bohusza uwagi o prawie sądowym w podróżach po Europie poczynione

Franciszka Ksawerego Bohusza uwagi o prawie sądowym w podróżach po Europie poczynione

Author(s): Marian Mikołajczyk / Language(s): Polish Issue: 11 (2)/2018

Franciszek Ksawery Bohusz (1746—1820), Jesuit and diocese priest after the dissolution of the monastery, was a man educated in philosophy, theology, and law. Between 1777—1778 and 1781—1782, he made long journeys abroad, during which he got to know Czechia, Germany, France, England, Austria, Italy, and Switzerland. These were the journeys of an intellectual, typical of the period of Enlightenment. Not only did he admire edifices worthy of interest, visit museums and libraries, but he also tried to gain knowledge of the political regimes, social and economic relations in the visited countries. His observations were diligently noted down in travel journals and finally edited upon his return to the country. A lot of comments concern court law: civil and criminal, particularly procedural law. The traveler was also interested in the administration of punishments. The references to law vary from extensive, comprehensive discussions of whole branches of law to prevailing brief mentions of particularly interesting legal institutions. The author attempts to offer a possible objective view of legal solutions he became familiar with, yet, does not always fully succeed. It is worth noting his commentaries on English law, which are not only exceptionally extensive, but also filled with not always well-justified praise. On the other hand, his evaluations of other legal systems, for instance Swiss, seem to be rather harsh and stereotypical. Nevertheless, Franciszek Ksawery Bohusz’s observations on court law in the visited countries deserve a thorough analysis since they let us assess their accuracy and the degree to which some foreign legal solutions found appreciation in his eyes.

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Ustrój samorządny województwa śląskiego czy autonomia? Spór doktrynalny czy też różne instytucje ustrojowe?

Ustrój samorządny województwa śląskiego czy autonomia? Spór doktrynalny czy też różne instytucje ustrojowe?

Author(s): Andrzej Drogoń / Language(s): Polish Issue: 11 (2)/2018

Legislative competences guaranteed the voivodeship far-reaching independence within the Polish state’s system of government. A fundamental question arises as to what extent the scope of matters defined as self-governing by the constitutional bill of July 15, 1920, making the Silesian voivodship autonomous, breached the fundamental principles upon which the structure of government was based according to the March Constitution passed eight months later. It is mainly the case of the state’s uniformity. The terms a “self-governing system” and an “autonomous system of government” may be used interchangeably, noting that the binding phrase for a lawyer should be: a system based on self-governing laws, as it derives from statutory terminology. Regardless of which of these terms we are going to use, they will contain in essence, in their semantic layer a broad form of decentralization, perceived as a scope of competences ascribed to a given community and giving a local community vast freedom to realize their most required goals.

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Podręczniki prawnicze w ocenie Komisji Konsultacyjno-Naukowej przy Ministrze Sprawiedliwości. Z dziejów stalinizacji nauczania prawa w Polsce

Podręczniki prawnicze w ocenie Komisji Konsultacyjno-Naukowej przy Ministrze Sprawiedliwości. Z dziejów stalinizacji nauczania prawa w Polsce

Author(s): Piotr Fiedorczyk / Language(s): Polish Issue: 11 (2)/2018

The document discussed in this paper was prepared in 1950 by the Scientific-Advisory Committee, which was then operating at the Office of Minister of Justice. It was not released for publication, probably because of its highly controversial content. The Committee was established with an aim to promote Marxist-Leninist ideology in the Department of Justice and the study of law. The document contains the evaluation of fundamental legal textbooks which were the core of teaching law at universities at that time. In fact, it was a form of critique of their authors, the majority of whom did not apply Marxist ideology in their works. It was a most vicious attack and an outright threat against the professors meaning that no other approach would be tolerated. Some of the professors began to comply, but these were in the minority. Others applied the ideology on a very superficial level. Also, the textbooks of the deceased professors were criticized.

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Evoluţii recente în dinamica relaţiilor de securitate dintre Republica Populară Chineză şi ¬Japonia: traume istorice, percepţii ale ameninţării şi calcule strategice

Evoluţii recente în dinamica relaţiilor de securitate dintre Republica Populară Chineză şi ¬Japonia: traume istorice, percepţii ale ameninţării şi calcule strategice

Author(s): Şerban Filip Cioculescu / Language(s): Romanian Issue: 3-4/2015

China and Japan, in spite of their geographic proximity and cultural resemblance, share a history based on animosity and mistrust, as a consequence of Japanese aggressive policies towards China since the end of the 19th century. Now, Japan’s strong alliance with the USA and the decision of the government to change the defence laws to allow national support for USA and sending troops out of the country for collective defence when national survival is at stake increased China’s awareness of Japan becoming a possible threat and this could enhance the security dilemma mechanism, thus the risk of a military conflict between China and Japan. The USA and the smaller Asian states must play a moderating role and help maintain a stable security regional environment.

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O odpowiedzialności karnej, uzasadnieniu kary i koncepcji komunikacyjnej karania

O odpowiedzialności karnej, uzasadnieniu kary i koncepcji komunikacyjnej karania

Author(s): Michał Peno / Language(s): Polish Issue: 2/2014

The article concerns the concept of punishment as an act of communication. Some retributivsts (i.e. ‘positive’ retributivists) believe that punishment communicates a censure. The article’s central proposition is that the act of communication is, in fact, strongly connected with the criminal responsibility. Furthermore, responsibility should not be identified with punishment. The so called positive retributivists claim that in order to fulfill communication purposes, offender have to be punished. However, punishment seems to be conceptually independent of the process of moral communication. It is shown that communication is linked with the very idea of criminal responsibility and the censure should by communicated through responsibility. Therefore, the article offers the view of responsibility as a complex process. Responsibility is an important social practice which in many cases can substitute punishment, particularly in its communicative aspect.

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’EMPLOYING’ OF SELF-EMPLOYED PERSONS

’EMPLOYING’ OF SELF-EMPLOYED PERSONS

Author(s): Marián Mészáros / Language(s): English Issue: 1/2018

This paper deals with topic on potential legal consequences in case of contracted self-employed entities which would perform dependent activity (i.e. work). This paper provides a comprehensive overview of contracting self-employed persons to perform dependent work. This paper not only deals with legality of such practice in the Slovak Republic but also examines and assesses the legal practice of the relevant and competent public authorities in this sphere. Besides the evaluation of the legal situation in the Slovak Republic, this paper also provides an overview of the existing legislation mostly in the Czech Republic as well as an overview of recent case-law of the European Court of Justice in this particular sphere. In this paper author provide analysis of legal issue of employment of self-employed persons not only from the viewpoint of legal system of the Slovak and Czech Republic but also examines this phenomenon using an analytical and comparative method with selected European countries. The aim of this paper was from acquired knowledges draw conclusions and proposals de lege ferenda for the Slovak legislator and public authorities to improve the solution to this legal problem. In conclusion of this paper are mentioned recommendations for another research in this area.

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PERSONALITY ASPECTS OF THE EMPLOYEE AND THEIR EXPLORATION FROM THE GDPR PERSPECTIVE

PERSONALITY ASPECTS OF THE EMPLOYEE AND THEIR EXPLORATION FROM THE GDPR PERSPECTIVE

Author(s): Jana Žuľová,Marek Švec,Adam Madleňák / Language(s): English Issue: 1/2018

The paper addresses the issue what impact the personal aspects have on work performance in the light of the current European legislation on protection of personal data. The authors focus on two selective issues (mental ability and physical ability) with a practical impact on the activity of the employer. The goal of the submitted contribution is to assess whether the information about the mental and physical health of the employee is considered to be a personal data or sensitive information, and what legal basis the employer has for processing this data. Assessed is the holistically perceived personality of the employee with an emphasis on information about his mental and physical health, since it affects the legislation handling personal data. The second part of this study examines the legitimacy of processing personal data in the work environment of the employer. A resolved partial issue is the possibility of the employer to receive information about the mental health of the employee even if specific legislation does not provide such a prerequisite for work performance. To examine the defined legal issue we applied qualitative methods, critical in-depth analysis of the law and logico-cognitive methods. Based on the legal background and personal opinion, the authors consider determining the concept advocated by WP29, which provides a broad meaning of the term personal data regarding the health condition. According to this, the employers should consider not only the specific information about the health condition of the employee, but also the data concerning the health condition that can be deducted from the existing data.

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