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Fair Trial for Transitional Justice: The Case of Belene Trial
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Fair Trial for Transitional Justice: The Case of Belene Trial

Author(s): Harun Koçak,Nurcan Özgür Baklacıoğlu / Language(s): English Issue: 3/2023

Inspired by the 32-years long Belene trial, the article investigates the impact of deprivation from the right to justice on reaching transitional justice in aftermaths of crimes against humanity. Through bottom-up victims-centered perspective the article digs into the Belene victims’ oral history narratives to find out the impact of this deprivation on the societal contract, victims’ trauma, justice perception of the society and the rule of law. Based on textual analysis of open-ended interviews and narratives of the Belene victims, the article highlights the adverse consequences of neglecting the victims’ right to fair trial and transitional justice and perpetuating impunity, not only impeding justice and healing but perpetuating victimization and corroding societal trust. The sustained denial of victims' rights to a fair trial and access to justice exacerbates historical wounds, erodes the foundations of the justice and collective perception of fairness in the whole society. Beyond legal implications, the deprivation from right to justice affects individuals' psychological and social well-being and overall societal peace. The article emphasizes that transitional justice is a moral imperative, enabling the rebuilding of a peaceful and democratic society on principles of accountability and empathy, especially in the complex and sensitive aftermath of ethnic-based crimes against humanity.

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ARGUMENT

ARGUMENT

Author(s): / Language(s): Romanian Issue: 2/2023

The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.

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Argument

Argument

Author(s): / Language(s): Romanian Issue: 2/2024

The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.

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KONTINUITET ZAPADNONEMAČKOG PRAVOSUĐA S TREĆIM RAJHOM

KONTINUITET ZAPADNONEMAČKOG PRAVOSUĐA S TREĆIM RAJHOM

Author(s): Slobodan Vuković / Language(s): Serbian Issue: 2/2024

With the adoption of the Basic Law on May 24, 1949 in the Bundestag, West Germany was formed from the three western occupation zones. After the initial denazification in early 1948, the US military government ordered its swift end and limited its own jurisdiction. In parallel with that, a campaign for the release of convicted criminals and the step-by-step takeover of the Nazi functional elite is launched. In the mid-1950s, only twenty percent of the leading positions in the „new“ state were held by opponents of the Nazi regime. It was similar in the Ministry of Justice. Prosecutors, judges and lawyers returned to their previous positions. Between 1952 and 1962, between 68 and 77 percent of Germany’s judicial staff were Nazi judges. More than 6,656 verdicts were handed down in Allied and German courts, of which 30% were sentenced to six months, 60% to less than one year and 90% to less than five years. Only 15% of all charges and 17% of convictions were for murder (between 17 and 20 million civilians). There is no data on the distribution of the sentence served. Since the beginning of the Cold War, amnesties and individual and mass releases have alternated on a conveyor belt.

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PRILOZI ZA ISTORIJU KONZUMACIJE ALKOHOLA U KNEŽEVINI SRBIJI: DRUŠTVENI ASPEKTI KAŽNJIVIH DELA U VEZI SA „PIJANSTVOM“ (1815–1839)

PRILOZI ZA ISTORIJU KONZUMACIJE ALKOHOLA U KNEŽEVINI SRBIJI: DRUŠTVENI ASPEKTI KAŽNJIVIH DELA U VEZI SA „PIJANSTVOM“ (1815–1839)

Author(s): Miroslav M. Popović / Language(s): Serbian Issue: 2/2024

The understanding of alcoholism as a medical and social problem dates back to the 19th century, both in Europe and in North America. Modern states have begun to sanction this phenomenon through social institutions, with the ultimate goal of creating a “better” society. In Serbia, one cannot talk about recognizing alcoholism as a problem in the full sense, as it has in modern European countries. When it comes to the context of the Principality of Serbia in the first decades of the 19th century, the term “excessive drinking” should be used rather than “alcoholism”. Alcoholism implies a disease of addiction, as a term that was created later, although it had its predecessors. Since we do not have empirical research on the extent to which alcohol consumption has become an addiction in the Principality of Serbia, we should be cautious. Alcohol consumption was more of a widespread way of everyday life, but we cannot say with certainty to what extent we can talk about excess and to what extent about the frequency of consumption. It can be discussed about the condemnation of drunkenness, both by the state authorities and by compatriots. Prince Miloš did not tolerate drunkards, he did not forgive them for drinking alcohol and mischief, he made fun of them cruelly, which resulted in deaths. Also, the state enacted measures against “vagrants”, moving at night without lanterns, staying in bars and taverns after a certain time of day. Night patrols were introduced to monitor idlers, drunkards who gathered in taverns and taverns and were potential miscreants. Thus, inns and taverns became places that represented the sources of criminal activities and immoral behavior. First of all, there were complaints against village priests, teachers and princes who indulged in drunkenness, that is, among the higher and more respectable layers of Serbian society. And ordinary people, men and women, were prone to drunkenness, in the everyday context, which led to domestic violence, which was sanctioned by corporal punishment. Misdemeanors that arose in the context of inns, in the form of fights, confrontations, swearing and similar inappropriate behavior, were punished in the same way. It is a commonplace that, as foreign observers noticed, brandy was cheap and easily available, that it was consumed in large quantities, as medicine, food and pleasure, and complete sobriety was not considered healthy among the people. On the other hand, exaggeration in drunkenness was not approved by the people, as evidenced by the rather rigorous folk customs used to wean drunkards off their addiction. Foreign travel writers emphasized the harmfulness of brandy for the Serbian nation, due to the presence of unhealthy substances in it, which also affected the appearance of Serbian residents. The state and Prince Miloš strove to suppress the increase in the number of inns, so a decrease in their number can be observed in the last years of the first reign of Prince Miloš. It can be said that the Serbian state followed European trends in the suppression of alcoholism through state institutions, although this was probably not part of an organized and planned long-term state policy, but rather a reflection of the understanding of Prince Miloš and the Serbian authorities that there are pressing problems in the Serbian state, whose further encouragement it was not in the state’s interest. Certainly, the culture of consuming alcoholic beverages has remained dominant in Serbia until today, distinguishing the contexts that people introduce themselves. Thus, brandy was used for medicinal purposes, since there was a belief, partly scientifically based, in the beneficial effects of brandy on human health, which are mostly short-lived. As a food, brandy was considered to strengthen before greater physical efforts, as a source of strength and energy. Of course, brandy was a pleasure, associated with the socializing of men and the rituals related to the daily visit to a tavern or inn, as a place of drinking, but also of social life, where public and political discussions were held and public opinion was formed.

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Justice as Fairness in a Practical Context

Justice as Fairness in a Practical Context

Author(s): Andreas Chetkowski / Language(s): English Issue: 2/2024

This paper deals with John Rawls (1921-2002) and his work A Theory of Justice (1975), which Rawls himself calls “justice as fairness.” Basically, his theory is understood as distributive justice. In this context, on the one hand, important aspects of his theory will be explained, and on the other hand, the applicability of his basic ideas on the level of politics will be discussed. In order to trace the justice debate within political ethics a classification between equality ideals as well as a division between deontological and consequentialist theories of justice are carried out.

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Modificări legislative în domeniul muzeal și al protejării patrimoniului

Modificări legislative în domeniul muzeal și al protejării patrimoniului

Author(s): Alis Vasile / Language(s): Romanian Issue: 1/2024

The paper is a critical overview of the recently issued regulations (December 2022 – June 2024) on movable cultural heritage and museums in Romania. The main elements of the new regulations reinforce the advisory role of the scientific external body of the Romanian Ministry of Culture, the National Commission for Museums and Collections, administrative procedures for declaring cultural goods as national treasure and for the pre-emption right of the Romanian state in acquiring cultural goods classified as national treasure, as well as new sanctioning competences for the Romanian Police, in the field of national movable cultural heritage.

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Polno selektivni abortusi u Crnoj Gori –  pravno-antropološka analiza

Polno selektivni abortusi u Crnoj Gori – pravno-antropološka analiza

Author(s): Jovana M. Banović,Branko Banović / Language(s): Serbian Issue: 2/2024

In the old Montenegrin masculine patriarchal culture, having children was one of the primary motivations for marriage. Women in labour faced significant community pressure to give birth to a male child, as evidenced by various ethnographic records and confirmed by contemporary anthropological research. Montenegro exhibits one of the most unbalanced ratios of newborn male to female babies among countries. This necessitates an analysis that integrates legal and anthropological perspectives on son preference. The article explores the socio-historical circumstances and modern expressions of the cult of the male child, followed by an examination of the legal implications of selective abortions. The legal dimension of abortion encompasses a broad normative framework, with the fundamental question concerning the boundary of legal protection in this area, i.e., the limit of state intervention in the personal sphere of individuals and citizens. The legal analysis will also include a reflection on the impact of criminal legal protection on this debate, particularly through the lens of the criminal offense of unlawful termination of pregnancy as stipulated in Article 150 of the Criminal Code of Montenegro. Considering the scope of rights to life, family, and reproduction, and recognizing that pregnancy termination motivated by sex selection is generally prohibited, yet this practice is widespread, the assumption is that the formal legal means to address this issue are limited. As this is a societal phenomenon involving sensitive legal, personal, cultural, religious, political, social, and moral issues, the paper discusses approaches for combating this practice.

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Catholic Parishes in the Face of Standards for the Protection of Minors

Catholic Parishes in the Face of Standards for the Protection of Minors

Author(s): Justyna Ciechanowska,Katarzyna Szwed / Language(s): English Issue: 2/2024

The purpose of this article is to analyze existing domestic regulations aimed at protecting minors from violence and strengthening respect for their rights. The authors focus on the obligations of Catholic Church parishes under the amended Act of 13 May 2016 on counteracting sexual offenses and on the protection of minors (i.e., Journal of Laws of 2024, item 560). The article highlights what should be included in the standards for the protection of minors and discusses who should undergo clean criminal record vetting, as well as the extent of such vetting for personnel who have contact with children.

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Transformacje na rynku pracy – aktualne problemy oraz propozycje rozwiązań

Transformacje na rynku pracy – aktualne problemy oraz propozycje rozwiązań

Author(s): Maciej Ekert / Language(s): Polish Issue: 22/2024

The article aims to address the issue whether the Polish legislation on employment promotion and labour market institutions requires a reform. Economic processes, which can be observed worldwide and which will substantially impact the labour market, including the one in Poland, are currently underway. The paper also aims to introduce the readers to the concept of A Just Transition. The article compares foreign approaches to Polish legal regulations with respect to conducting active labour policies, promoting employment and safeguarding employees exposed to negative effects of transition. The article argues that Poland is not ready for the present changes arising from climate, digital, or demographic transformation. The findings should facilitate the development of suitable labour market policies in this area.

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Ochrona pracowników przed zautomatyzowaną dyskryminacją na przykładzie procesu rekrutacji i selekcji pracowników

Ochrona pracowników przed zautomatyzowaną dyskryminacją na przykładzie procesu rekrutacji i selekcji pracowników

Author(s): Weronika Głodek / Language(s): Polish Issue: 22/2024

This article examines the impact of the technological revolution on changes taking place in the field of employment, which is a topical issue in both international and domestic law. The purpose of the article is to indicate how current legislation, as well as its drafts, contribute to the protection of job applicants involved in the employees’ recruitment and selection process. The article also addresses the issue of liability for the phenomenon of “automated discrimination” that can occur in connection with the use of artificial intelligence algorithms in the employee recruitment and selection process.

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Przedawnienie roszczeń w dyrektywie 2023/970 a ochrona prawa pracownika do równego wynagrodzenia

Przedawnienie roszczeń w dyrektywie 2023/970 a ochrona prawa pracownika do równego wynagrodzenia

Author(s): Krzysztof Kurosz,Małgorzata Kurzynoga / Language(s): Polish Issue: 22/2024

The article presents the position that laws on limitation periods are an important element of effective protection of an employee’s right to equal pay. This should be seen in the broader context of the European legislator’s desire to make laws on equal treatment more effective and to close the pay gap. Directive 2023/970 emphasises the right to information, and this premise logically means that the beginning of the limitation period requires that the employee be aware of the infringement or that the employee can be reasonably expected, in the applicable circumstances, to be aware of the infringement. Article 21 of Directive 2023/970 provides, inter alia, that limitation periods may not begin until the claimant is aware of, or can reasonably be expected to be aware of, the infringement. This provision builds on the existing case-law of the CJEU. We argue that despite the adoption of a very similar rule in the case-law of the Supreme Court, Article 21(1) of Directive 2023/970 needs to be implemented verbatim into Polish law. This is due to structure-related doubts about the liability regime for breaches of the principle of equal treatment in employment relationships. We accept that it is contractual in nature, but this does not preclude the adoption of a subjective model for enforceability of claims, characteristic of a different tort liability regime. The reason for this is the protection of an employee. The article also argues that intertemporal problems associated with a possible optional extension of protection (the limitation period does not commence during the employment relationship) can be solved by applying the Civil Code of 23 April 1964 accordingly.

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Концепции за разрешаване на българския бежански въпрос в контекста на създаването, промените и допълненията на Закона за заселване на бежанците и обезпечаване на поминъка им (1920–1928 г.)

Концепции за разрешаване на българския бежански въпрос в контекста на създаването, промените и допълненията на Закона за заселване на бежанците и обезпечаване на поминъка им (1920–1928 г.)

Author(s): Boris Boev / Language(s): Bosnian,English Issue: 2/2024

The main goal of the present study is to reveal the leading concepts for solving the Bulgarian refugee issue in the context of the creation, amendments and additions to the Law on the Settlement of Refugees and Ensuring Their Livelihood (1920–1928). The main documentary base of the research is the Shorthand Diaries of the National Assembly.

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Законът за защита на нацията: мотивите за несъгласие в светлината на концепцията за споделеното общество

Законът за защита на нацията: мотивите за несъгласие в светлината на концепцията за споделеното общество

Author(s): Albena Taneva / Language(s): English,Bulgarian Issue: 2/2024

This article examines texts by various individuals and organizations created in October–November 1940 expressing disagreement with the Bill for the Protection of the Nation Act in the background of the concept of the shared society. Applying that concept to this context, discloses the potential of a cohesive society to uphold basic constitutional principles and prevent state institutions from pursuing repressive policies.

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Revisiting Enhanced Protection: Implications from a Practical Case Study

Revisiting Enhanced Protection: Implications from a Practical Case Study

Author(s): Emma Cunliffe / Language(s): English Issue: 2/2024

The 1999 Second Protocol to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954) created a new legal framework to improve protection for the world’s most important cultural property in cases of conflict, called enhanced protection. However, it has never been tested. In representing the NGO Blue Shield International, I had the opportunity to test it on the NATO training exercise STEADFAST JACKAL 2023. The training audience, Eurocorps, was presented with a complex non-international armed conflict in which tensions escalated over a (fictional) site under enhanced protection. Multiple stakeholders, including the national owners and armed non-state groups, provoked conflicting legal and policy obligations. The actions taken by Eurocorps raised implications for safeguarding enhanced protection sites in real situations, which this article seeks to highlight and explore, offering a new understanding of the application of law in practice. The article argues that in certain circumstances enhanced protection may lead to competing obligations regarding human rights, justice, and cultural protection. Those registering sites and acting to protect them must consider likely scenarios carefully to establish good practices. Otherwise, enhanced protection could defend sites to the detriment of those that value them.

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Soudružské soudy jako nástroj socialistické demokracie ve vybraných státech východního bloku

Soudružské soudy jako nástroj socialistické demokracie ve vybraných státech východního bloku

Author(s): Petra Zapletalová / Language(s): Czech Issue: 3/2024

This paper focuses on a significant phenomenon that existed mainly in the late 1950s and 1960s – the comrades’ courts. In the introduction, this social organisation is mentioned in Czechoslovakia, but then the paper provides brief information on the similar institutions in USSR, Hungary, Poland and Romania. The work is divided into thematic parts based on countries, where the legislative development and the organisation of comrades’ courts are included, but also this paper contains information on procedures and sanctions. Finally, an attempt is made to evaluate and compare these institutions.

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REPUBLIC OF LITHUANIA LAW ON THE USE OF THE POLYGRAPH

REPUBLIC OF LITHUANIA LAW ON THE USE OF THE POLYGRAPH

Author(s): Jan Widacki / Language(s): English Issue: 2 (60)/2024

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The Fifty-Eighth Annual Seminar of the American Polygraph Association (New Orlean, Louisiana, August 26–30, 2024)

The Fifty-Eighth Annual Seminar of the American Polygraph Association (New Orlean, Louisiana, August 26–30, 2024)

Author(s): Michał Widacki / Language(s): English Issue: 2 (60)/2024

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Beneficiile certificării AEO în era digitalizării operațiunilor vamale
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Beneficiile certificării AEO în era digitalizării operațiunilor vamale

Author(s): Mihai Petre,Daniela Neagoe / Language(s): Romanian Issue: 6/2024

In the context of globalization and the increase in the volume of international trade, the efficiency and security of supply chains have become essential priorities for companies and customs authorities. Therefore, "Authorized Economic Operator" (AEO) certification becomes essential, offering numerous benefits for economic operators conducting their activities in Romania. The postponement of VAT payment at customs, if customs formalities are carried out through centralized national clearance, cash flow advantages, "at-home" customs clearance for exports, and the reduction of customs guarantees would be the major advantages of AEO certification. However, we are also talking about other advantages, such as the measure by which AEO certificate holders benefit from the postponement of sanctions related to reporting through the RO e-transport system until March 31, 2025.

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Controverse fiscale generate de O.G. nr. 16/2022 – regimul TVA aplicabil băuturilor pe bază de cafea și ceai
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Controverse fiscale generate de O.G. nr. 16/2022 – regimul TVA aplicabil băuturilor pe bază de cafea și ceai

Author(s): Bogdan Blaj,Brigitta Kedves / Language(s): Romanian Issue: 6/2024

Within the evolving framework of Romania’s fiscal legislation, the amendments introduced by Government Ordinance no. 16/2022 mark a critical point in determining the taxable regime regarding VAT applicable to certain products or services. This article aims to highlight the main challenges arising from the unclear interpretations of the provisions of Article 291, paragraph (2), letters e) and k) of the Fiscal Code. Additionally, it addresses issues of legislative predictability and clarity that have led to controversies, exploring the determination of the applicable VAT rate for beverages based on coffee, tea, or maté. The article also discusses how the fundamental principle of in dubio contra fiscum can serve as an essential tool for ensuring a balance between the state’s fiscal interests and the protection of taxpayers’ rights.

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