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Labour-law Basic Terminology Based on the Polish Labour Code

Author(s): Agnieszka Rzepkowska / Language(s): English Issue: 1/2021

The paper discusses two approaches to compiling lists of labour-law basic terminology (BT): a frequency-based approach and a concept-based one. The purpose of the paper is to compare each of the methods based on two sets of basic terminology selected in accordance with them. Using the first method, terms are selected via an automatic search of keywords and terms and organised according to frequency with the use of Sketch Engine. The second means of term extraction is a concept-based approach in which terms are selected based on the table of contents of the Polish Labour Code, which, for the purposes of the study, is assumed to outline the terminological system of Polish labour law. The results of this research are reviewed from the viewpoint of terms’ frequency, the number of words they consist of, systemic relations between terms in the labour-law terminological system, and potential users and their needs. This has allowed the author to draw a few conclusions as to the characteristics of the approaches taken, and the applicability and usefulness of lists of BT compiled on their bases.

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ENFORCEMENT OF THE EUROPEAN UNION LAW BEFORE THE ALBANIAN CONSTITUTIONAL COURT AND THE HIGH COURT

Author(s): Gentian Skara,Bojana Hajdini / Language(s): English Issue: 3/2021

With the entry into force of the Interim Agreement in 2005 between the EU and Albania, Albanian judges had the obligation to partly apply several provisions of the agreement (the EU law) even in the pre-accession stage. This position was reinforced in 2009, with the ratification of the Stabilisation and Association Agreement, which laid down the obligation of the Albanian government to approximate its existing and future legislation in line with EU acquis and ensure proper implementation. Consequently, as of 2009, Albanian courts had to apply the EU law. The application of the EU law by Albanian courts entails the duty of judges with a twofold task: firstly, to construe their arguments in line with EU law or as close as possible, and secondly, to set aside the domestic law which is found to be incompatible with the EU law. This paper outlines some Albanian courts' decisions concerning applying the EU Law before accession to the European Union. The paper argues that Albanian judges have adopted a ‘Euro-friendly’ approach by referring to the EU Law and SAA agreement even in the pre-accession period. Nevertheless, looking closely at court decisions, the EU law is applied as a persuasive source of law to support the court’s decision and not to explain the importance of relying on EU law or CJEU case law.

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Problem kwalifikacji przedsięwzięć na tle koncepcji prawnej ocen oddziaływania przedsięwzięcia na środowisko

Author(s): Kamil Olzacki / Language(s): Polish Issue: 13/2021

The rapidly approaching climate challenges call into question the effectiveness of national and European environmental protection procedures. The author has tried to outline the general legal framework of the EU environmental policy, present the sense and meaning of the Principle of Preventive Actions and the Precautionary Principle, and then describe the EU and national standards regulating the environmental impact assessment procedure. The paper aimed to evaluate the regulation in the scope of the discussed institution, with particular emphasis on those provisions regulating which project shall be made subject to an assessment. For this purpose, the author used the dogmatic-legal method and analyzed the literature. The analysis of the discussed issue showed that, against the background of the current regulations shaping the legal framework for the environmental impact assessment procedure, a specific problem of project qualification emerges. Casuistic exemplification of projects that shall be made subject to an assessment may lead to a specific gap, which enables the implementation of even highly environmentally hazardous investments without the need to conduct an environmental impact assessment. For the institution discussed in this paper to effectively counteract the implementation of any investments that may pose a threat to the environment, it is necessary to change the current regulations shaping its legal framework accordingly.

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Ecoul procesului Memorandumului în Bucovina

Author(s): Ioan Cocuz / Language(s): Romanian Issue: 4/1978

Dans cet article l'auteur nous présente un moment important de l'histoire roumaine des territoires temporairement trouvés sous l'occupation des Habsbourgs et qui luttaient pour la défense de leur existence nationale. On met en évidence les plus significatives actions de solidarité des roumains de la Bucovine avec la lutte de leurs frères de Transylvanie pendant le mouvement des „memorandists" et du procès de 1894 à Cluj, intenté par les autorités autrichiennes et hongroises contre les dirigeants politiques des roumains de Transylvanie.

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The influence of judical practice on the Legislation in the Sphere of LGBT Community Rights

Author(s): Ana Čović / Language(s): English,Serbian Issue: 3/2021

In the light of the announced adoption of the Law on Same-Sex Unions, the question arises whether the draft law is in accordance with the Constitution, especially after the announcements that the law will not be signed. Although the Constitution specifies that marriage is a union of a man and a woman, experts point out that in this case it is not a law on marriage and family, nor does it provide for the possibility of adoption of children by same-sex couples, but that it regulates property, health, pension and other legal relationships of same-sex partners living in the union. At the same time, many public figures have invited traditional religious communities to react in order to defend the “right to freedom and future of the people”, emphasizing that contentious issues related to the regulation of mutual rights and obligations of same-sex couples could be resolved by amending the existing laws in those areas. In the countries where similar laws exist, case law has played a significant role, just as various medical and psychological associations. The European case law is not uniform, and cases often end before the European Court of Human Rights, while in the United States at the federal level, all anti-homosexual laws are repealed by a Supreme Court decision (Lawrence v. Texas, 539 U.S. 558 [2003]). Nevertheless, there is no single law in this area and the rights of same-sex couples vary from country to country. The paper will provide an overview of significant court decisions in this area in European countries, as well as the decisions of the US Supreme Court, which may lead us to think about the possible legal consequences of (non)adoption of the disputed Law on Same-Sex Unions, about procedures that could be initiated if partners decided to request judicial protection for the purpose of recognizing their guaranteed human rights, as well as the content and significance of such court judgments.

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Szemelvények a délvidéki (vajdasági) magyar jogászok történetéből

Author(s): Csilla Lodi / Language(s): Hungarian Issue: 3/2021

Várady Tibor (szerk.): Délvidéki (vajdasági) magyar jogászok. Vajdasági Magyar Jogász Egylet: Újvidék, 2020. 371 oldal

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INFORMATION AND COMMUNICATIONS TECHNOLOGY AS A TOOL TO SUBSTITUTE IN-PERSON VISITS IN THE SERBIAN PRISON SYSTEM DURING THE COVID-19 RESTRICTIVE MEASURES

Author(s): Milica Kolaković-Bojović / Language(s): English Issue: Supp. 1/2021

In an attempt to properly address one of the greatest challenges for prison administrations around the world facing Covid-19, namely, to ensure regular communication between the inmates and their families, the Serbian Penal Administration, supported by German NGO Help e.V, procured the ICT equipment aimed at substituting the in-person visits. The author decided to assess the impact of this pilot project on the right of inmates to communicate with their family members, exploring their attitudes and the attitudes of professionals/prison staff that work with them, to get both perspectives. The results of the research showed that the online communication ensured through the pilot project has significantly contributed to preserving contacts and family relations in the changing environment of the Covid-19 restrictive measures, although it cannot completely replace family visits based on, in-person contact. However, the research also led to some of the remaining obstacles to a wider application of this, substitutive approach, among others, concerning the lack of IT literacy and the both of inmates and their family members, and to the life in poverty and/or in remote country areas. Additionally, this research identified a remaining need for further financial investment in the IT equipment to ensure adequate frequency and duration of communication, but also the need to revise/upgrade an existing treatment approach to integrating modern technologies/IT literacy as tools to contribute to the effectiveness of inmates’ reintegration.

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SOME HUMAN AND TECHNICAL ASPECTS OF ONLINE CONTENT REGULATION

Author(s): Gergely Gosztonyi / Language(s): English Issue: Supp. 1/2021

The amount of newly uploaded content on the internet is growing daily: 60 seconds on the web in 2021 consist of more than 500 hours of content uploaded on YouTube, 695,000 stories shared on Instagram, and nearly 70 million messages sent via WhatsApp and Facebook Messenger. The vast majority of them is legal content, but a slice is illegal or harmful. The article analyses the situation and the problems of both human and AI moderation, then it gives an answer how to handle the content on the internet with a shared usage of human and AI moderation as they could perfectly complement each other in a long term.

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A SHORT REVIEW OF TRANSLATION ERRORS IN LEGAL LANGUAGE

Author(s): Marina-Cristiana Rotaru / Language(s): English Issue: 2/2020

The purpose of this paper is to give a short review of some of the most common errors in legal translation, namely terminological and grammatical errors. The analysis focuses on short texts translated from Romanian into English by students enrolled in a translation programme who have just had their first contact with specialized legal texts. The paper also aims to identify the causes of such errors and, if possible, suggest a few practical solutions to these translation problems. The motivation for the case-study method in our analysis is to raise students’ awareness about the specific nature of legal language by starting from an examination of their own use of language.

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СРБИЈА И МАЂАРСКА: ИСТОРИЈАТ, САДАШЊИЦА И ПЕРСПЕКТИВЕ ОДНОСА

Author(s): Zoran Jerotijević,Živanka Miladinović Bogavac,Dušan Jerotijevic / Language(s): Serbian Issue: 47-48/2021

Serbian-Hungarian relations are one of the most complex in Europe. From the time of the Hungarian immigration in the 10th century to the present day, periods of cooperation and conflict have changed. From today’s historical distance, we can say that relations were good even in longer periods, even very close, as in the time of Serbian prefects at the beginning of the 13th century, but also later in certain periods of Nemanjić’s rule and the period of resistance to the Turks. In the last two centuries, many factors outside these two countries have influenced the conflicts between them, although it was not their explicit wish. Today, there is a rise in relations between the two countries and peoples, which can serve as an example in Europe. Many common strategic, political and economic interests coincide.

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SERBIA AND HUNGARY: HISTORY, PRESENT AND PERSPECTIVES OF RELATIONS

Author(s): Zoran Jerotijević,Živanka Miladinović Bogavac,Dušan Jerotijevic / Language(s): English Issue: 47-48/2021

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Kilka geopolitycznych i prakseologicznych refleksji na temat Regionalnego Kompleksowego Partnerstwa Gospodarczego (RCEP) i zagadnień pokrewnych

Author(s): Benon Zbigniew Szałek / Language(s): Polish Issue: 52/2021

This paper presents the problem of the Regional Comprehensive Economic Partnership (RCEP), organized in 2020 on the basis of 15 states (Australia, Brunei, Cambodia, China, Indonesia, Japan, Singapore, Laos, Malaisia, Myanmar, New Zealand, Philippines, South Korea, Thailand, Vietnam). The USA and India are not members of this Partnership. There are a number of problems ‘in statu nascendi’, such as the question of the ownership of submarine reserves of oil and gas in the South- and Eastchinese Seas. The problems of the Partnership are presented in a wider, global context.

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Żeby było normalnie. W jaki sposób początek opowieści o trzydziestoleciu literatury najnowszej wyznacza jej koniec

Author(s): Marta Koronkiewicz / Language(s): Polish Issue: 2 (18)/2021

In this article, Marta Koronkiewicz discusses the category and concept of normality as central to the literary-critical discourses of the 1990s and the early 2000s. She documents the functions and meanings of this concept while presenting it in a broader socio-political perspective by regarding it as crucial for the transformation of the whole area of Central and Eastern Europe (Alexander Kiossev, Magda Szcześniak, Ivan Krastew–Stephen Holmes). The article focuses on the specificity of the concept itself, which seems to be devoid of concreto content and which denotes a desire or an expectation rather a desired or an expected object. Understood in this way, the category of normality can be used to extinguish discussions and to create false agreements. Koronkiewicz examines the consequence of the popularity of this category for the narrative about the most recent literature. She shows that, in the history of Polish literary criticism after 1989, normality initially took on the function of a general term used to describe the desired literary reality / literary life (oriented mainly on diversity, multiplicity, horizontality), and that around 2000 its meaning changed and it began being used to refer to facts: the marginalization of literature, the lack of a platform for criticism, the commodification of the book.

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La dot dagara : Les implications herméneutiques et intermédiales

Author(s): Thadée Balouhib Somda KPANYAWNE / Language(s): English Issue: 38/2021

Some Africans more specifically some dagara, no more want nowadays that their future husbands pay the traditional dowry. Their parents think the contrary. The absence of these social principles deprives this human association of its title of sacred union. Certain antagonisms of the two different worlds appear of which one is inclined to westernization and the other to africanization. This tensive atmosphere led us to the reflection on ‘The dagara dowry’. The problem that it creates is expressed by these terms: be known, explained, well interpreted to the service of the two rival parties. That is the reason of the following sub-titles:”The hermeneutic and intermedial implications”. Our exegetics is based on the behavioral semiotic of the signs and the dagara oral discourses.

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Ново учебно помагало по правопис за юристи

Author(s): Nadezhda Stalyanova / Language(s): Bulgarian Issue: 6/2021

The new textbook for law students includes a variety of topics related to contemporary key issues in the ﬁeld of spelling and orthography in Bulgarian.

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Animals in the legal culture of Prussian towns (the 13th–16th centuries): An overview

Author(s): Paweł Mateusz Modrzyński / Language(s): English Issue: 23/2019

Animals were a permanent element in the landscape of medieval towns. Many residents of the then urban centres lived of animal husbandry. In addition to farm animals (e.g. pigs), they kept domestic animals (e.g. dogs and cats) as well as wild animals. The latter often sought food in garbage and suburbs. Such animals were also kept for entertainment. Authorities of Prussian towns regulated many issues related to the functioning of towns, including those concerning animal husbandry. Animals could pose a threat to the health and life of residents. They were also considered to be pests that destroy crops, orchards, and household appliances. The legislation of the period was focused on determining guilt for crimes and offenses committed by animals. Either an animal, treated as an entity responsible for the harmful act, or its owner was blamed for the misconducts. The presence of animals, especially livestock, was considered to be the cause of considerable sanitary problems in towns, mainly due to animal waste. Town authorities regulated issues concerning cattle herding and grazing. The care over the herd was entrusted to urban shepherds whose service was regulated by town legislation. The problem of the perception of animals by the society of that time was also significant. Although seemingly unwanted, they were the only source of income for many residents. For some, animals were pests, and for others, a guarantee of fragile existence. It was also a time when people began to wonder what exactly an animal is, what role it should play in human life, and how to treat it.

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Wpływ pandemii COVID-19 na polski sektor kolejowy

Author(s): Elżbieta Małecka / Language(s): Polish Issue: 34 (2)/2021

The aim of the paper is to show the changes in the Polish railway sector related to the COVID- 19 pandemic. It presents the statistical perspective of the changes concerning passenger transport and cargo shipments as well as legislative changes related to the adoption of the so-called Covid Acts influencing the railway transport sector. The analysis includes institutional and legal solutions included in the Act of 2 March 2020 on specific solutions related to the prevention of, counteracting and combating COVID-19, other infectious diseases and the crises caused by them (Dz.U. (Journal of Laws) item 374, as amended) and in the Act of 16 April 2020 on specific support instruments related to the spread of SARS-CoV-2 (Dz.U. (Journal of Laws) item 695, as amended). The discussion included, among other things, the influence of the state of the COVID-19 epidemic on administrative proceedings before the President of the Office of Rail Transport. Another issue concerned the proposals of changes in the regulations in relation to the state of epidemic put forward by the Office of Rail Transport. The paper presents the results of the author’s own research involving an email interview with Mr. Marcin Trela, Director of the Legal Department of the Office of Rail Transport. Provisions of the law and official documents serve as the main plane for the discussion. The following methods were applied in the study: examination of the law in force, analysis and synthesis. The legal solutions introduced should be viewed as credit-worthy, however, the constantly changing situation leads to new amendments. Proceeding with new solutions too fast leads to many inconsistencies and problems with the application of the improvements introduced.

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Modyfikacje konstrukcji stabilizującej reguły wydatkowej w 2020 roku

Author(s): Michał Ostrowski / Language(s): Polish Issue: 34 (2)/2021

The aim of the article is to analyse the changes made to the structure of the stabilizing expenditure rule in 2020 and to outline their impact on the shape of this rule in 2020–2021. These assumptions are followed by analyses of legal acts that introduce the key modifications. Subsequently, the changes are thoroughly analysed, both in terms of the form of their introduction and the impact on the regulation of Art. 112aa of the Public Finance Act. The further part of the work describes the impact of the amendment on the shape of the stabilizing expenditure rule in the years 2020–2021. The study closes with an assessment of the modifications discussed.

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Administracyjna „legislacja covidowa” w świetle zasad tworzenia prawa

Author(s): Maciej Szmigiero / Language(s): Polish Issue: 34 (2)/2021

This paper evaluates Polish administrative legislation aimed at counteracting infections and a more effective fight against COVID-19, the infectious disease caused by SARS-CoV-2. This legislation is also a response to the inevitable negative social and economic effects. It takes the form of draft laws prepared by the Council of Ministers or normative acts issued by the government administration. These acts are referred to as “Covid legislation”. The broad understanding of administrative legislation presented in the article covers the procedures for drafting laws submitted to the Sejm by the Council of Ministers, regulated by the provisions of the Act of 8 August 1996 on the Council of Ministers and by Resolution No. 190 of the Council of Ministers of 29 October 2013 – Rules of Procedure of the Council of Ministers. In this context, the author analyses the procedure for the preparation of the draft law of 2 March 2020 on special solutions related to the prevention of, counteracting and combating COVID-19, other infectious diseases and the crises caused by them. The “Covid legislation” created by the government administration – both in the form of regulations and draft laws – focused many dysfunctions, which include the hasty and chaotic creation of government documents, frequent changes to regulations resulting from their underdevelopment, violation of the principles of correct legislation, including disregard to the element of social participation in the law-making process, or creation of the “law of the spectacle”. The phenomenon is exacerbated by the quick adoption of laws by the parliament, often devoid of much reflection. The urgency of creating legal regulations in the aftermath of the COVID-19 epidemic and their incidence is only a partial justification for the dysfunctions identified. The changes in the legislative procedure proposed by the author, involving the establishment of a fast-track government legislative path, which, however, does not rule out a broader evaluation of draft laws, may constitute a small, though important element in the necessary improvement of law-making standards.

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Analiza wyroku Trybunału Sprawiedliwości z dnia 2 kwietnia 2020 roku w sprawie C 830/18 w aspekcie dyskryminacji dzieci pracowników przygranicznych

Author(s): Michał Lewandowski / Language(s): Polish Issue: 34 (2)/2021

The purpose of this case commentary is to analyse the judgment of the European Court of Justice of 2 April 2020 in case C-830/18. The case concerns a student attending a German school whose right to a free journey to school was refused because he lived with his mother in the territory of France. The federated state argued that it is only obliged to organize school transport for pupils residing in that particular state. The Court did not agree with the federated state and pointed to the problem of discrimination against frontier workers. In examining the case, the Court focused not only on the rights of a pupil attending a German school but also on the social privileges afforded to his mother as a frontier worker. The text uses the method of an analysis of the law in force as established by the legislator.

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