"COFOLA INTERNATIONAL 2016. Resolution of International Disputes Public Law in the Context of Immigration Crisis

Author(s): Klára Drličková,Anita Garnuszek,Slavomir Halla,Miloslav Kabrhel,Silvie Mahdalová,Ľubica Martináková,Aleksandra Orzeł,Mária Pastorková,Kateřina Remsová,Iva Šimková,Lucie Zavadilová,Ivan Cisár,Tomáš Kozárek,Ivan Puškár,Martin Švec,Pavel Loutocký,Dóra Bogárdi,Gergő Kocsis,Soňa Ondrášiková,Eszter Lilla Seres / Language(s): English / Publication Year: 2016

The conference “COFOLA = Conference for Young Lawyers” is annualy organized by the Masaryk University, Faculty of Law from 2007. The main aim of this conference is to give floor to the doctoral students and young scientists at their early stage of career and enable them to present the results of their scientific activities. Since 2013 COFOLA has been enriched by special part called “COFOLA INTERNATIONAL”. COFOLA INTERNATIONAL focuses primarily on issues of international law and the regulation of cross-border relations and is also oriented to doctoral students and young scientists from foreign countries.

"DUG I KRIVUDAV PUT" SRPSKOG PRAVA (NAZAD) U EVROPU

Author(s): Stefan Pürner / Language(s): Serbian / Issue: 68/2014

In this article, the author analyses the development of law of the SFRJ and the contemporary Serbian Law since the 1980s up to date in selected areas of law, and examines how “European” it has been throughout this period. In this context, the term “European” is not to be understood in terms of harmonization with the acquis but rather as a pre-stage in this course which implies a general orientation towards continental European principles and openness towards other European states (in particular, concerning the legal provisions on foreign investment). The analysis has yielded the following conclusions: Under a “socialist layer” (including, for example, the Constitution of SFRY, the Law on Associated Labour and some provisions of the Criminal Law such as Article 133), the law of the SFRJ in the 1980s was much more European than it is actually known in Western Europe. The examples may be found in the substantive provisions of the 1978 Law on Obligations and in the field of procedural law, particularly in the Law on Civil Procedure was tailored upon the model of the Austrian Civil Procedure Code (called the “Klein`sche ZPO”). Moreover, in the field of constitutional and administrative judiciary, the SFRY was not only ahead of the other socialist countries but also ahead of a lot of other Western European countries. The opening towards other European states was also reflected in the legislation on foreign investment. In this context, it is worth noting that the SFRJ was the first socialist state which enacted such legislation as early as in 1967. By enacting the Law on the Social Capital and the Law on Enterprises, the SFRY began the transformation of its legal system in 1988, well before the fall of the Berlin wall and considerable earlier than the traditional socialist states. For these reasons, it is justified to say that the law of the SFRY and Serbia during the socialist time was (underneath the layer of socialist law) already more European than a foreign observer might assume. Therefore, Serbia would actually have a good starting position for a further “Europeanisation” of its law. However, there have been some developments lately which seem to leading Serbia in the opposite direction. Namely, in the field of Company Law and particularly Criminal Procedure Law, the Serbian legislator has introduced some elements of the Anglo-American law. Not only does it make the Europeanisation of the Serbian Law more difficult but it is also inconsistent with the Serbian legal tradition. It additionally causes superfluous discrepancies and contradictions in the Serbian legal system. The author concludes that Serbia would be better off if it would only listen to the many voices from Serbia and remember its own European tradition, instead of following foreign advisors urging for the change the legal system or at least the isolated transplantation of particular legal institutes which are fully inconsistent with the Serbian legal tradition and, thus, stand out like “aliens” in the Serbian legal system. Ultimately, the road from Serbia to Europe does not go through America, either geographically or in terms of law.

"NASCITURUS PRO IAM NATO HABETUR QUOTIENS DE COMMODIS EIUS AGITUR". РИМСКОТО ПРАВИЛО И СЪВРЕМЕННОТО МУ ПРИЛОЖЕНИЕ

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian / Issue: 2/2017

The report presents the rule "Nasciturus pro iam nato habetur quotiens of commodis eius agitur" as it exists in Roman legal texts in relation to the ancient Greco-Roman concept of personae, different from that which we conceive today. In this context, the capacity of human embryo to be subject of right comes from social, religious, medical, moral and especially legal recognition. We discuss some of the heritage aspects of this rule, as well as the issues of early human life, abortion, infanticide and murder of pregnant women, recognition of the newborn by the father, State, etc. Some decisions of the Roman jurisprudence are surprisingly topical and are part of many discussions on its bioethical and legal aspects.

(NE)POMIRLJIVOST KAZNE DOŽIVOTNOG ZATVORA I LJUDSKIH PRAVA

Author(s): Vladica Ilić / Language(s): Serbian / Issue: 2/2019

Since May 2019, Serbia has joined the majority of European countries which have the sentence of life imprisonment in their criminal justice systems. Despite the refusal of the competent authorities to hold a public hearing on the issue, the introduction of life imprisonment, excluding the possibility of conditional release of convicted persons for certain offenses punishable by this sentence, was met with noticeable interest and activism by representatives of the domestic and international professional public. Particular attention in the paper is devoted to human rights standards relating to life imprisonment, mainly stemming from the case-law of the European Court of Human Rights. The paper analyzes the possibility of application of human rights standards within the current criminal law legislation. At the end of the paper, the author points to possible de lege ferenda directions that could represent an alternative to life imprisonment, considering it a serious challenge for protection of the dignity of convicted persons.

(RE)SHAPING POLITICAL CULTURE AND PARTICIPATION THROUGH SOCIAL NETWORKS

Author(s): Marija Andreeva / Language(s): English / Issue: 02/2019

The influence of social networks is growing intensely. They do not only influence only certain aspects of our lives, but they also influence political participation and political culture. In recent years, this influence has been very notable. We have seen a change of policies as a result of pressure, a lot of significant political movements started via social networks. This paper concentrates on the influence of social networks on political participation and political culture. The paper tries to foresee the future implications and the intertwining of social networks and political culture and political participation. It also gives conclusions for the past, present and future implications and it gives a comparison between political participation before and after the rise of social networks. It also analyses the positive and negative implications that social network could have on political participation.

(Не) Прилагане на правото на ЕС от държавите членки

Author(s): Jasmine Popova / Language(s): Bulgarian / Issue: XV/2017

The effective application of EU law is essential in order to guarantee European citizens and businesses the enjoyment of the benefits granted by it. The fact that Member States do not apply EU law correctly and effectively obstruct the achievement of key EU policy objectives. The purpose of the article bellow is, by analysing the current situation on Member states compliance with EU law, to outline the more frequent infringements, the main areas concerned, the effectiveness and the means to overcome the wrong application of EU law. Special attention is paid to Bulgaria’s performance in this area during the past 10 years of membership.

10 lat członkostwa Polski w Unii Europejskiej. Skutki włączenia do jednolitego rynku europejskiego

Author(s): Małgorzata Czermińska / Language(s): Polish / Issue: 1/2014

The inclusion of Poland to the common market for goods meant the abolition of customs duties and quantitative restrictions on agricultural products in mutual trade with the countries of the European Union (customs duties on industrial goods have already been abolished by the Europe Agreement) and the application of the Common Customs Tariff on imports from third countries. Freedom of movement of goods after the accession to the EU accounted for Polish entrepreneurs a chance, because the fulfillment of EU norms and standards means full access to the common market, amounting to more than 500 million inhabitants. Particularly noticeable was the impact of accession on foreign trade, which, thanks to the membership not only gained easier access to the common market, but also new opportunities to increase trade with third countries. Since Polish accession to the EU gradually increased trade in agricultural products as well as their participation in the Polish foreign trade. Emigration of Poles also increased significantly, especially to countries that with effect from 1 May 2004 opened their labor markets, namely the United Kingdom, Ireland. In the final evaluation of the benefits of joining the common market and free movement of goods, persons, services and capital far outweigh, in both the scale of the economy and at the micro level, the costs associated with membership in the European common market.

2015.-2025. – Europske integracije Bosne i Hercegovine

Author(s): Maja Rimac-Bjelobrk / Language(s): Bosnian / Issue: 4/2017

U ovome broju objavljujemo prikaz panel-rasprave pod nazivom “2015.-2025. – Europske integracije Bosne i Hercegovine”, održane 20. 11. 2017. godine u organizaciji Vanjskopolitičke inicijative BiH na Fakultetu političkih nauka u Sarajevu.

2019 Alternative Report on the Application of Bosnia and Herzegovina for European Union Membership: Political Criteria

Author(s): Adrijana Hanušić-Bećirović,Aida Daguda,Dajana Cvjetković,Dalila Bašić,Dalio Sijah,Damir Dajanović,Danira Karović,Darko Pandurević,Dragana Dardić,Dražana Lepir,Leila Bičakčić,Lejla Arnaut,Maida Zagorac,Milena Mastalo,Mirna Buljugić,Mirsada Bajramović,Nidžara Ahmetašević,Radmila Žigić,Rasim Ibrahimagić,Rea Adilagić,Senka Kulenović,Sunita Dautbegović-Bošnjaković,Tijana Cvjetićanin,Uglješa Vuković,Una Telegrafčić,Vildana Džekman,Vladana Vasić,Zinaida Ibrahimović,Zlatan Hajlovac / Language(s): English / Issue: 44/2019

The 2019 Alternative Report on the Application of Bosnia and Herzegovina for European Union Membership: Political Criteria is the result of the work of an informal coalition of forty (40) civil society organisations under the Initiative for Monitoring the European Integration of Bosnia and Herzegovina. The report primarily refers to the political criteria for EU membership, but also includes Special Reports on 2018 General Elections, the situation with respect to migrants and refugees in BiH, and on citizens’ protests in the Republika Srpska. In the European integration context, Bosnia and Herzegovina is constantly lagging behind other countries of the region and the lag is becoming evidently bigger with time. By the disorderly and untimely fulfilment of fundamental obligations in the European integration process, Bosnia and Herzegovina fails to demonstrate a true commitment to reform processes on the European path and for now keeps such a commitment at a declarative level. Three years have passed since the submission of the application for the membership of Bosnia and Herzegovina in the European Union, whereas three and a half years have passed since the Stabilisation and Association Agreement between Bosnia and Herzegovina and the European Union. From that time to the present day, Bosnia and Herzegovina did not manage to put in function all the bodies envisaged by the Agreement, as the Stabilisation and Association Parliamentary Committee has not yet adopted its Rules of Procedure. The process of answering the European Commission Questionnaire, presented to potential candidate countries, was only coming to an end in the time of the finalisation of this Report. The coordination mechanism, which was supposed to establish a functional decision-making process in the European integration, proved inefficient and remains equally non-transparent as the process of its establishment. [...]

3rd Network Conference Adaptation and Implementation of the EU -Acquis: an Exchange of Experiences

Author(s): / Language(s): English / Publication Year: 2009

A bevándorláspolitikák kihívásai és újragondolási lehetőségei az Európai Unióban

Author(s): Ákos Bocskor / Language(s): Hungarian / Issue: 3/2017

Review of: Annette Jünemann, Nikolas Scherer & Nicolas Fromm (eds): “Fortress Europe? Challenges and Failures of Migration and Asylum Policies.”; Springer, 2017. New York, Berlin, Heidelberg. vii + 188 pp. ISBN: 978-3-658-17011-1

A bologna piramis - A felsőoktatási menedzserizmus megjelenése európai és globális szinten

Author(s): Ildikó Hrubos / Language(s): Hungarian / Issue: 4/2011

Managerialism, which has appeared in parallel with the massification of higher education and with increases in financial difficulties, now has an international dimension in the European Higher Education Area (EHEA). European organizations handling it (partly via the European Union, partly with EHEA jurisdiction) have been formed along with their administrative and academic-type governing boards; also, there are complex mechanisms for consulting with stakeholders. While the struggle between national governments and among autonomous institutions is a well-known phenomenon, transnational (European) organizations are now having to fight with autonomous member states, more precisely with members of a loose alliance (EFT).

A Bottom-up Discursive Approach to Genetically Modified Organisms

Author(s): Camelia-Mihaela Cmeciu / Language(s): English / Issue: 11/2017

The debate on genetically modified foods has been characterized by a heteroglosia of voices, ranging from experts, authorities, to scholars, community organizations, media, or consumers. Within such a context where there have been observed various food safety scares over the past decades or some public ignorance regarding the use of biotechnology related to food issues, the Debating Europe platform launched debates on arguments for and against GMOs. Thus citizens turn into prosumers of content regarding food safety and (de)legitimators of EU policies and/or other social institutions. In our study of the comments posted by e-citizens on four debates on GM foods launched on the Debating Europe platform, we will use framing theory (Goffman, 1974; Entman, 1993; Wynne, 2001; Cook et al., 2004) and the Integrated Crisis Mapping Model (Jin et al., 2012) for negative emotions and Plutchik’s wheel of emotions (2001) for positive emotions to determine the salience of (de)legitimating frames employed by the supporters and opponents of GM foods, and to examine the role of affective stance in the evaluation of the social actors related to GMOs. Using QDA miner and WordStat, computer assisted qualitative data analysis softwares, we will conduct a content, cluster and correspondence analysis of the (de)legitimating frames and emotion valences. Whereas the content analysis provides an insight into the frequency of frames used by e-debaters and into the key lexical items that express evaluation and affective stance related to GM foods, the explorative analyses reveal the types of (sub)clusters which prevail in the e-debaters’ comments on GM foods. The findings of this study suggest that e-citizens mainly perceive the issue of GMO through a political frame associated with anger and a health frame associated with fright.

A BRIEF OVERVIEW ON THE HISTORICAL BEGINNINGS OF HEALTH LAW IN THE BROADER CONTEXT OF PRIVATE LAW

Author(s): Marius Floare / Language(s): English / Issue: 4/2019

Health law and its issues could seem to be just a contemporary problem, with a history going back no more than a century. However, the history of law and especially the history of private law can give us new insights into how traditional institutions such as torts, contracts, liability, consent, the status of persons and property have been drafted in and recomposed in this framework, together with borrowings from public law, to achieve this contemporary eclectic discipline.Because the contemporary Romanian private law is tributary to the mid-19th century transplant from the French Civil Code of 1804, we will use the historical method to examine how the traces of modern-day health law can be found in much older private law institutions. We will examine this evolution in a Western European context because, ever since the Roman times and up until the 19th century civil codes, this area has been the cradle of private law and its relevance overcomes the geographical boundaries and spreads to all the countries that have ever adopted a Western European-inspired civil code.

A Comparative analysis of Public Service innovation and Reform in several European states

Author(s): Cristina Patrascu / Language(s): English / Issue: 2-Suppl/2018

Innovation and reform of the public service has become one of the fundamental topics debated more and more often by researchers, professionals and political people alike. The importance of this subject comes from the necessity of a continuous adaptation of public administration and its services to the citizens’ needs and demands. Public administrations all over Europe have tried to accomplish their tasks in the domain of public service, but have encountered serious challenges in solving societal needs.Considering the global and national context in which member states of the European Union have made efforts to ensure the delivery of public services, the present article intends to offer an analysis of the various ways and solutions applied in the reform of the public service by several European states, and of the role played by innovation in this domain. The analysis will be made against the background represented by the juridical regime of public service established by both the European law and the law of the states under study.

A Comparative Analysis of Regulations on Involuntary Loss of Nationality in the European Union

Author(s): René de Groot,Maarten Peter Vink / Language(s): English / Publication Year: 2014

This paper deals with loss of citizenship of the European Union (EU) due to the loss of nationality of an EU member state. Only the nationals of a member state possess European citizenship; the loss of nationality of a member state thus also implies the loss of European citizenship. Member states are in principle autonomous in nationality matters, which means that their rules on loss of nationality, and loss of EU citizenship, differ considerably. But member states must respect international law and the general principles of European law when dealing with loss of nationality. This report aims to provide a comprehensive and systematic comparative analysis of existing regulations and procedures in EU member states with regard to the involuntary loss of nationality.

A COMPARATIVE LOOK AT LGBT RIGHTS AND ACQUISITIONS: EUROPEAN UNION AND TURKEY

Author(s): Gaye Gökalp Yılmaz / Language(s): English / Publication Year: 0

Same sex relationships have been an issue of debate through years beginning from ancient Rome and Greece. Especially homosexuality has been visible part of historical struggle of LGBT movement. On the other hand, masculinity have always been an issue of power and therefore, decisions based on masculinity and hetero-normative codes have been neglecting and sometimes criminalizing same sex relationships in history of Europe. Religious authorities were also other actors in criminalizing homosexual relationships and religion have been a matter of issue while considering same sex acts. Within that framework, history of Europe, was not an era of liberation for homosexuals or lesbians until recent decades. However, it must be highlighted here that criminalizing and punishing LGBT people of the time were common in many historical empires of Europe. Moreover, France have decriminalized homosexuality during Napoleon era and Netherlands have favored more tolerating laws of French administration. However, Germany after its retarded unification, have been harshly punishing homosexual acts under Prussian empire (Kollman and Waites, 2009:2).

A e zvogëlon Traktati i Lisbonës rolin e Shtetit për një Politikë të Jashtme të përbashkët?

Author(s): Eglantina Golemi,Erjona Canaj / Language(s): Albanian / Issue: 1/2014

Politika e Jashtme e Përbashkët e BE-së është, pa dyshim, kryefjala dhe njëkohësisht një nga sfidat e BE-së në ditët e sotme. Vendimet që merren apo ndryshimet që bëhen në këtë drejtim, kanë një impakt të drejtpërdrejtë në imazhin dhe rolin e BE-së si faktor ndërkombëtar. BE-ja vepron në katër fusha të politikës së jashtme: I) politika e përbashkët tregtare; II) politika e asociimit, partneritetit, bashkëpunimit dhe fqinjësisë; III) zhvillimi, bashkëpunimi teknik dhe ndihma humanitare si dhe IV) dimensioni i jashtëm i politikave të tjera të brendshme. Në këtë studim synohet të evidentohet nëse Traktati i Lisbonës ka ndikuar në uljen e rolit të shtetit për një politikë të jashtmë autonome, duke trajtuar si shembuj dy nga fushat kryesore të saj si politika e përbashkët tregtare dhe politika e zhvillimit, bashkëpunimit teknik dhe ndihmës humanitare. Nëse politika e përbashkët tregtare tashmë është kompetencë ekslkuzive e Bashkimit Europian, politika për zhvillim, bashkëpunim teknik dhe ndihma humanitare janë kompetencë konkurruese midis Shteteve Anëtare dhe BE-së. Ekskluziviteti u përdor nga Traktati si mjet ligjor me anë të të cilit vërtetohet rënia e rolit të shtetit në një politikë të jashtme autonome, por dhe kompetencat e përbashkëta po sfidojnë hapur praktikën ligjore për nga funksionimi i tyre. Politika e Jashtme e Përbashkët sot përbën një sfidë të vërtetë të politikës botërore.

A few remarks on the interpretation of European company law

Author(s): Jacek Napierała / Language(s): English / Issue: 6/2016

The application of European company law by domestic courts entails prior interpretation of EU legislation. Firstly, the manner of interpretation of European company law is affected by both the specific nature of European company law and l’acquis communautaire. Secondly, interpretation methods are subject to the principle of uniform interpretation, which aims to safeguard uniform understanding and application of l’acquis EU-wide. Thirdly, when undertaking pro-European interpretation one must (i) have regard to all domestic methods of interpretation, (ii) in line with the blanket ban on contra legem interpretation, and (iii) bear in mind the purpose and wording of a directive serving as a point of reference for pro-European interpretation, as far as possible.

A few remarks on the Romanian administrative code

Author(s): Elisabeta Slabu / Language(s): English / Issue: 2-Suppl/2018

The adoption of the Administrative Code responds to a need recognized both by most scholars and by most governments in Romania, the purpose pursued being to systematize and rationalize the legal framework available in the field of public administration. Nevertheless, this normative act which is markedly important for the manner in which the public administration activity in Romania is carried out, must be the fruit of a consensus among all the political forces existing at a certain time in the state, precisely in order to produce the mentioned effects. Otherwise, there is a danger that this act will need to be changed frequently and consistently, which goes against the principles recognized at European level regarding the observance of the rule of law.