Zadania samorządu terytorialnego wobec kryzysu w rodzinie

Author(s): Jacek Z. Szwaja / Language(s): Polish Issue: 4/2012

The need to support the family by the state is considered as one of the fundamental principles, both by international standards, as well as national regulations. Article refers here both on the European Social Charter and the Constitution of the Republic of Poland, which occupies a prominent place art. 18 which states that the family is under the protection and care of the Polish Republic. In this article the author discusses the tasks of local government units and its administration in cases of family emergencies, administrative aspects of the position control, basically the limits set by the rules of bodily material and formal administrative law. The purpose of these tasks indicates that they are undertaken primarily in order to allow families to overcome difficult situations arising or resulting from the crisis in the family. Mark also be that these tasks are undertaken when the family alone, without the support given to her not being able to restore indicated above intrafamilial stability and balance. These tasks are undertaken within the social assistance as an instrument of social policy. Among the possible solutions I found it useful overview of the tasks to be performed legally entrusted to municipalities, counties and local government voivodship. This choice is justified by the position, which in the exercise of public functions account for local self-government. Applies here, the constitutional principle of the presumption set of tasks and responsibilities of local government. Local government shall perform all public functions except those that have not been reserved by the Constitution or statutes to the organs of other public authorities. scope of the discussion has been limited to discussion of local government tasks undertaken in a crisis of relations and relations between parents and child. These tasks primarily linked with, that in emergency situations to help ensure proper care of the family and children. However, the State had expressed in these cases, especially in the judicial function of the courts in family matters and juvenile justice, law enforcement bodies actions and judicial probation service. The activities carried out in the field of institutional support can be analyzed from different points of view. The items made here considerations, it seems reasonable to draw attention to three issues, namely: the nature and type of tasks assigned to local governments, form and operation of these units and their organizations and procedure.

Konflikt pomiędzy państwem a Kościołem dotyczący rozporządzeń wykonawczych do konkordatu z 1925 roku w sprawach nauczania religii w szkołach

Author(s): Jan Szczepaniak / Language(s): Polish Issue: 3/2006

Samorządowy wymiar polskiej polityki zagranicznej 2012–2022. Część I: Zarys ogólny

Author(s): Krzysztof Babij,Rafał Jaśkowski / Language(s): Polish Issue: 1/2022

The subject of the article concerns the role and participation of the Polish local government in the foreign policy of the Republic of Poland in 2012–2022. In part I of the article describes the legal acts and program documents on the basis of which the local government can pursue its external policy. The goal of part I is to analyze the diversification of activities in foreign policy, with particular emphasis on the interests of local government. The part 2 concentrates on a specific local government (the city of Łódź) that tries to pursue an active international policy. The main goal of the article is to examine the activity of local governments in the foreign policy of the state in the aspect of broadly understood reflection on the international environment of the Republic of Poland. This type of analysis may be used to organize the knowledge about the possibilities, conditions and benefits, or possible losses of conducting elements of foreign policy by Polish local governments.

Kwestia tablic rejestracyjnych jako punkt zapalny w stosunkach między Serbią i Kosowem w latach 2011–2022

Author(s): Sławomir Kowalski,Robert Sendek / Language(s): Polish Issue: 2/2023

The problem of license plates issued to Kosovo Serbs became the main reason for the escalation of tensions between Belgrade and Pristina in summer 2022. Due to the threat of a regional conflict, international institutions, including EU diplomacy, became involved in mediation between both sides. The international peacekeeping troops stationed in Kosovo also contributed to stabilizing the situation. The reason for the dispute between the Serbian and Kosovo authorities is the question of which license plates Kosovo Serbs could use in their vehicles. The article describes the causes of the problem resulting from historical conditions and international decisions on the status of Kosovo. It also presents the threats resulting from the lack of mutually satisfactory regulations on this issue, and discusses the attempts made in the past to seek solutions to this problem.

The climate change speaking subjects in the Slovak quality press

Author(s): Tomáš Profant / Language(s): English Issue: 1/2023

The discussion devoted to the climate crisis, like the crisis itself, is not a natural phenomenon but one that is wo-/man-made. It is socially constructed. It is not economic think-tanks that dominate this socially constructed discussion but other actors that do. This article analyses who is quoted and paraphrased in Slovak media writing about climate change. The analysis is based on 60 articles that were published in the third quarter of 2019 in selected non-tabloid daily newspapers (i.e. the quality press) in Slovakia – SME and N. The results show that natural scientists dominate the media discussion of this topic and are the source of almost one-third of the statements quoted and paraphrased in the newspapers. They are followed by politicians, who make up onefifth of those quoted or paraphrased. Social scientists, activists, and NGOs each make up just 7% of those quoted or paraphrased. This research represents the first step towards answering the question ‘Who speaks?’ when it comes to this issue and towards a more thorough discourse analysis that could reveal how certain voices are marginalised in the mainstream public debate.

СУМИРАН ОСВРТ ВРЗ МЕЃУНАРОДНОТО ПРАВО ЗА ПРАВАТА НА ЧОВЕКОТ И НЕГОВИТЕ МОМЕНТАЛНИ СЛАБОСТИ КАКО ПОТЕНЦИАЛ ЗА ЗАШТИТА НА ЖЕНИТЕ ОД РОДОВО ЗАСНОВАНО НАСИЛСТВО-НОВА КОНВЕНЦИЈА ЗА РОДОВО ЗАСНОВАНО НАСИЛСТВО

Author(s): Luljeta Xhemaili / Language(s): Macedonian Issue: 1/2023

Throughout history, various forms of violence have manifested themselves in society as a result of the dominance of certain sectors or groups over others. In this context, gender-based violence is a key social mechanism for perpetuating women's subordination, because male hegemony—power considered the generic inheritance of men—is based on social control over women. Therefore, violations of women's human rights are directly or indirectly related to the gender system and mainstream cultural values. According to the terms of the Universal Declaration of Human Rights; International Covenant on Civil and Political Rights; International Covenant on Economic, Social and Cultural Rights; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and the Convention on the Elimination of All Forms of Discrimination Against Women, women enjoy the same rights and freedoms as men and autonomy. Gender-based violence, the protection of victims - survivors, the punishment of perpetrators of this type of violence and the support of survivors is one of the most controversial issues. at the international level in recent times. Along with the lines of discussion that follow, this paper argues that in an effort to strengthen existing frameworks, it is important to recognize that existing international human rights law already imposes broad and detailed obligations on states in relation to gender violence. and that proposals for a new instrument and other measures should not undermine but rather complement existing protection. He argued that greater efforts should be made to invoke and enforce existing standards, regardless of the position adopted on the desirability of a new treaty. The question that naturally arises is whether the new convention provides an overview of the role played by international law and its practice in advancing efforts to protect women from gender-based violence, so is a new convention desirable? , what measures might be applied if such an instrument were to be approved, and how it might be properly accomplished.

Educational Needs of the Judicial Administration in the Context of Digitalization

Author(s): Diana Dimitrova,Darina Dimitrova,Velina Koleva / Language(s): English Issue: 4/2024

The administration of the judiciary is an integral part of the structure of the state administration, but human resource management specifically in the judicial administration is still an understudied area. The scientific objective of this work is to examine the educational needs of judicial administration, in the introduction of digitalization processes in judicial administration and in human resources management. In order to achieve the formulated aim, specific scientific research approaches and methods are applied in the paper. In the theoretical-methodological plan, a systematic approach, a method of analysis and synthesis, an interdisciplinary approach, a descriptive method, etc. are used. Along with them in empirical plan the survey research, in-depth interviews, participation in discussions, content analysis of documents are used. The approaches applied in the overall research are those of induction and deduction. As a result of the complex analysis, conclusions and summaries are drawn, and solutions are proposed for improving the work of the administration of the judicial authorities.

Четири възможни мерки за подобряване на медийната среда в България. Препоръки въз основа на научноизследователски проект за медийната система в България в светлината на европейския Закон за свободата на медиите

Author(s): Bissera Zankova,Ivo Indzhov / Language(s): Bulgarian Issue: 1/2023

The article presents an analysis of the possible solutions based on the European Media Freedom Act (EMFA) that would contribute to the improvement of the national media environment: a new media law in line with the adopted European Media Freedom Act; a new philosophy and design of the election of the Council for Electronic Media (CEM) members; a new model for public financing of the media – from state advertising, from European funds, from municipalities to the creation of a special portal to ensure transparency and good visualization of all its forms; setting up of a special fund to support quality journalism. The proposals build on report findings about the main problems in the Bulgarian media system without dealing with public media funding through state budget subsidies in particular.

Догматизъм и прагматизъм в теорията на българското финансово право

Author(s): Suleyman Bashov / Language(s): Bulgarian Issue: 1/2023

Financial legal science analyses the financial legislation. There-fore, giving a clear definition of its essence and scope is of primary importance for financial legal theory. Nevertheless, the legal literature in Bulgaria contains very controversial thesis in this fields. The present study arranges these theses in two main gropes, de-fined as dogmatic and pragmatic one. The first one describes the subject of financial law through legal features and concepts. In this way, financial law is revealed as a branch of the Bulgarian legal system, composed of specific financial legal norms. The dogmatic view on this matter refutes the pragmatists, who tend to include in the financial law many relations, regulated by the norms of different legal branches, if they are considered 􀁦financial􀁲 in the financial and economic literature. At the same time, the present study emphasizes the merits of the dogmatic approach and the necessity for its application in any legal analysis. The legal system of Bulgaria is structured by legal features, not by social, economic, Financial legal science analyses the financial legislation. There-fore, giving a clear definition of its essence and scope is of primary importance for financial legal theory. Nevertheless, the legal literature in Bulgaria contains very controversial thesis in this fields. The present study arranges these theses in two main gropes, de-fined as dogmatic and pragmatic one. The first one describes the subject of financial law through legal features and concepts. In this way, financial law is revealed as a branch of the Bulgarian legal system, composed of specific financial legal norms. The dogmatic view on this matter refutes the pragmatists, who tend to include in the financial law many relations, regulated by the norms of different legal branches, if they are considered 􀁦financial􀁲 in the financial and economic literature. At the same time, the present study emphasizes the merits of the dogmatic approach and the necessity for its application in any legal analysis. The legal system of Bulgaria is structured by legal features, not by social, economic, psychological, and other determinants. These features refer to the nature of the legal relationship and its content. And its content is predetermined by the position of the legal entities involved in it. The conclusion of the study is that financial law must be based on dogmatic approach and referred to relations, which have the legal quality of public finances. Financial law cannot be considered as a legal regime referring to the economic category “finance”. This category is extremely broad and often has an unspecified meaning scope. Moreover, it is regulated by the norms of different legal branches as civil, commercial, and administrative law.

Book Review: Eckart Brodermann, Unidroit Principles of International Commercial Contracts: an Article-by-Article Commentary, 2nd edition (Kluwer law International 2023)

Author(s): Velislava Hristova / Language(s): English Issue: 1/2023

Comparative Study of the Regulatory Framework of Environmental Education and Geography and Economics in Bulgaria

Author(s): Tsanko Stefanov / Language(s): English Issue: 1/2023

The article presents a comparative analysis of the regulations of two academic subjects. These are environmental education and geography and economics. There are similarities, but also differences that need to be accounted for.

НЯКОИ ДИАХРОНИЧНИ БЕЛЕЖКИ ЗА ОБХВАТА НА ГРЕШКАТА ПРИ НЕОСНОВАТЕЛНОТО ОБОГАТЯВАНЕ

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Issue: 1/2024

This article addresses some issues relevant to the error viewed in the light of unjust enrichment. The particularities of the institute are analyzed in relation to the protection against unjust enrichment in both Roman and medieval law. Attention is paid to the influence of the Roman legal tradition in modern Swiss law.

РАЗМИСЛИ ЗА БИТИЕТО НА ПРАВОТО В ПАМЕТ НА МОЯ ПРЕКРАСЕН КОЛЕГА ТЕОДОР ПИПЕРКОВ

Author(s): Gabriel Gerez Kraemer / Language(s): Bulgarian Issue: 1/2024

Тhrough these lines the author, romanist and university professor, seeks to help understand what Law consists of. At the time, he seeks to pay tribute to his beloved bulgarian colleague Theodor Piperkov.

СИСТЕМА НА НАКАЗАНИЯТА В РИМСКОТО ПРАВО

Author(s): Silvia Stoyanova / Language(s): Bulgarian Issue: 1/2024

The article is devoted to the system of punishments in Roman law. Systematization of the most common and popular punishments. The Roman legal concept of punishment and one of the main principles in Roman law - Nullum crimen sine lege, nulla poena sine lege - are examined. Some basic criminal law institutes are also presented.

ПРОЦЕСУАЛНО ЗНАЧЕНИЕ НА ВПИСВАНЕТО НА ИСКОВИТЕ МОЛБИ ПО ЧЛ. 114 ЗС

Author(s): Kameliya Tsolova / Language(s): Bulgarian Issue: 1/2024

In Art. 114, para. 2 of the Ownership Act and in Art. 226, para. 3 of the Code of Civil Procedure, the relationship between the recording of complaints, on the one hand, and two procedural institutes - that of proceedings on complaints, and that of the transfer of interest after pendency, is regulated. The article examines the contradictory views advocated in theory and in practice regarding the interpretation and application of these provisions, as well as the existence of a relationship between them.

Европейски инициативи за насърчаване защита на правата на възрастните хора

Author(s): Evgeniya Bratoeva / Language(s): Bulgarian Issue: 3/2023

The report focuses on the extremely topical problem for all European countries - the aging of the population with the resulting socio-economic consequences. The data presented by European statistical services show negative trends in all aspects of the quality of life of the elderly European population. The priority areas in which reforms need to be carried out, as well as the specific measures foreseen for them, are reviewed. The conclusions of a study conducted regarding the social protection of the elderly in Bulgaria against the background of the general European situation are presented.

„Zazielenianie” prawa cywilnego – ochrona dóbr osobistych a zielony konstytucjonalizm i prawa środowiskowe

Author(s): Karolina Karpus / Language(s): Polish Issue: 1/2024

The concept of environmental constitutionalism, describing the state’s duty to protect the environment correlated with the rights of individuals, may be used to characterise the relations between environmental protection and the socio-political system of a modern democratic state in the era of the transformation towards sustainable development. The state’s legal system cannot be neutral in that regard. It is particularly important in case of the challenges resulting from Poland’s international and EU law obligations, especially under the Aarhus Convention and human rights law. On this basis, it can be claimed that environmental protection as a duty of the state is a “positive obligation”, in light of which the possibility to exercise rights by individuals may be assessed, including environmental ones (substantive and procedural). When the state fails to fulfil the duty to create the necessary legal framework and to secure its effective enforcement, it may result in the exposure of the members of the public to the degraded environment (e.g., to the ambient air of a bad quality, i.e. smog). Thus, they should be able to rely on international and EU law guarantees while seeking legal remedies, including civil lawsuits. In such a context, the 2021 Supreme Court resolution in case III CZP 27/20 illustrates the actual degree of “greening” the concept of private interests in Polish law. The article aims to present the environmental law’s perspective and evaluate the relevant argumentation visible in the SC’s reasoning and the glossators’ commentaries. The findings can be used to support the thesis that any constructive debate about “greening” Article 23–24 of the Civil Code requires an interdisciplinary approach.

Legal means of protection against abuse of the right of public participation in the decision-making process in environmental matters – current situation in the Slovak Republic

Author(s): Soňa Košičiarová / Language(s): English Issue: 1/2024

The Aarhus Convention guarantees several procedural rights which the concerned public can actively use as long as it is involved in the environmental impact assessment procedure. This international treaty assumes that the affected public uses its procedural rights with the intention of ensuring the protection of the environment. In practice, however, this may not be the case. Using a specific example from Slovakia, the author points to a case where there was a suspicion that a non-governmental organization was using its subjective rights pursuing a goal other than it is required by the Aarhus Convention. The administrative authorities believed that such behavior could be an abuse of the procedural rights guaranteed by the Convention and therefore they sought legal tools within the administrative law, the use of which would not be in conflict with the Aarhus Convention. This article addresses the issue of legal limits that prevent parties from restricting the procedural rights of the concerned public guaranteed by the Aarhus Convention.

Konwencja z Aarhus jako przedmiot i wzorzec hierarchicznej kontroli norm

Author(s): Michał Łyszkowski / Language(s): Polish Issue: 1/2024

The Aarhus Convention is an international agreement ratified by Poland, the essence of which is the obligation of the parties to introduce into the national legal order solutions guaranteeing access to information relating to the environment, public participation in decision-making processes affecting the state and level of the environmental protection and access to justice in these matters. The powers under the Aarhus Convention, despite its legal rank higher than that of a law, are not used in practice due to the lack of self-enforcement of the Convention. The author’s intention is to indicate potential possibilities of taking its provisions into account in the process of law application by administrative courts and in the process of hierarchical control of norms by the Constitutional Court.

Rozwiązania penalne w polskich, czeskich i słowackich przepisach o dostępie do informacji o środowisku

Author(s): Wojciech Radecki / Language(s): Polish Issue: 1/2024

The subject of this paper are penal solutions – embracing liability for offences, petty offences and administrative infringements – that may be used in the cases of violation of provisions on access to the environmental information under the Polish, Czech and Slovak law. First, the article’s author uses the comparative approach to analyse the development of the right to environmental information in these three legal systems. Then, he searches for answers to the question about the genesis, evolution and functioning of specific penal solutions aimed at behaviours that violate this subjective right of the members of the public, being one of the three pillars of public participation in environmental matters under the Aarhus Convention.