PRAWA KOBIET MUZUŁMAŃSKICH W EUROPEJSKIM SYSTEMIE OCHRONY PRAW CZŁOWIEKA

Author(s): Aneta Kornaś / Language(s): Polish Issue: 26/2015

The idea of protecting the rights of women is considered today as a dichotomous conglomeration of values, which consists of women’s rights regime and the modern world as a framework for governments. Discrimination against women frequently have their source in the text of the law and then is prohibited. Many acts of laundry contains rules to protect Muslim women. These include Constitution, the Convention on the Elimination of All Forms of Discrimination against Women, the Treaty on European Union, the European Convention on Human Rights. The issue of Islamic family functioning is often considered in the context of inequality and violence against women. These are complicated issues primarily in legal terms. These include domestic violence- murder or rape made by a husband or partner. In addition, there are also Islamic culture honour killings or death for dowry. An example of a country where for centuries, there is the problem of the rights of Muslim women is Turkey, where over the centuries shaped the position of Muslim women.

SPRZEDAŻ WYSYŁKOWA TOWARÓW KONSUMENCKICH W ŚWIETLE UNIJNYCH DYREKTYW ORAZ PRAWA KRAJOWEGO

Author(s): Dominika Ksepko / Language(s): English Issue: 25/2014

The knowledge of European Consumer Law is important, not only for companies (who, first of all, are required to perform their duties) but is a first thing knowledge for an average consumer. If a consumer knows what a law appertains to, they can effectively enforce it. Consumer Law issues are regulated not only at the national level but, first of all, at the European level. In the area of consumer legislation, Member States are required to implement through acts of law objectives denied by the European legislation. he EU directives are of primary importance in this respect. The normative basis for issuing directives is found in art. 288 TFEU 1.

Geneza Europejskiego Rzecznika Praw Obywatelskich

Author(s): Paweł Sadowski / Language(s): Polish Issue: 2/2014

Assumption of the Treaty about the European Union of 7 February 1992 opened an important chapter in the sphere of the community regulation of the status of citizens of the European Union and its institutional reforms. The treaty constituted the legal construction of the citizenship of the European Union and the consequent rights, which had to be protected by judicial and extrajudicial mechanisms, among them, the institution of the European Ombudsman deserves special attention. The idea of the appointment of the institution of the Ombudsman on the community level was enrolled into experiences in many member countries from which it resulted, i.e. the independent institution like ombudsman, can create the elastic and effective system of the controlling of authorities, warranting that the right is justly practical and protects citizens. This was especially essential in consideration of the fact that the first economic integration and the further enlargement of the competence had gone toward the more and more deeper integration, both legal and political. Further development and the evolution of Commonwealths could not follow separately from citizens and their composite needs, and this manner it was necessary to acknowledge to them additional rights, entering into the range of the new institution of the European citizenship. In the article there was introduced the idea of the European citizenship and its influence on the origin of the European Ombudsman, and also two ideas of the institution of Ombudsman effluent from Danish and Spanish experiences.

Nieproporcjonalne ograniczenie prawa wnioskodawców do sądu w sprawach dotyczących dofinansowania projektów ze środków unijnych. Glosa do wyroku Trybunału Konstytucyjnego z dnia 30 października 2012 r. w sprawie SK 8/12

Author(s): Rafał Poździk / Language(s): Polish Issue: 2/2013

Wykładnia przepisów prawa stanowionego w anglosaskim porządku prawnym (wybrane zagadnienia)

Author(s): Andrzej Korybski / Language(s): Polish Issue: 3/2016

The understanding and methods of statutory interpretation are influenced predominantly by the relevant legal culture which positions statutory interpretation and public implementing bodies within public government structures and the proper social context. The varied understanding and methods of statutory interpretation also results from different state system solutions adopted by particular countries. This also pertains to statutory interpretation across the member states of the European Union. The key differences in the understanding of the substance, methods and aids of statutory interpretation in Europe stem from the different legal cultures which have shaped the so-called British legal order (in England and Wales) on the one hand and the legal orders of the remaining EU member states on the other. Statutory interpretation in continental Europe is shaped within the framework of statutory law system: the supremacy of Constitution and statutes enacted exclusively by parliament. One of the fundamental principles of statutory interpretation in these countries is a competence-based and – to a large extent – institutional division between legislative processes and their results (i.e. legal acts containing legal norms) and processes of application of law and their outcomes (i.e. legal decisions in individualized cases). That distinction is not observed in common law legal orders because of the precedent activity of courts. An elaborative presentation of statutory interpretation in statutory law systems is the issue of the next point of this article. This point goes on to present the characteristic features of statutory interpretation in Anglo-Saxon legal order, with particular attention paid to the root causes for the differences in the understanding, methods (approaches), rules and aids of statutory interpretation in common law culture.

Równość i sprawiedliwość w dostępie do zatrudnienia

Author(s): Anna Kosut / Language(s): Polish Issue: 2/2015

The article deals with problem of equality and justice in access to employment. The majority of this study concerns equal treatment the unemployed who need employment exchange and people who take part in selection processes as well. The author presents Polish law regulations which aim is work against discrimination on previous employment stage. The paper shows the importance of positive actions as the instrument for real equality in access to employment. Referring to the sex as one of the discriminations criteria the author points that Polish law rules concerning burdensome and harmful works for women are incompatible with the standards of EU law.

The Functional Method as the Staple of Comparative Studies of European Legal History in the Early 21st Century?

Author(s): Dmitry Poldnikov / Language(s): English Issue: 2/2017

Europeanisation of legal scholarship and legal education facilitates the emergence of comparative legal science as a promising fresh tool to discover similarities and differences between two or more jurisdictions and their development in the past through their comparison. Yet, the specific methodology of such studies is still not clear. Some legal historians hold the opinion that comparative legal history does not or should not have its own methodology other than that of comparative law. Others warn against imposing on legal history the contemporary agenda and toolbox. The author of this article aims to clarify this debate by examining the prospect of applying one of the most popular methods of comparative law – the functional one – in the domain of legal history. On the basis of several examples from European legal past he claims that examining the functions (the social purpose) of legal norms can help legal historians in three ways. First, to determine the objects of comparison and the sources of analysis, despite the variety of verbal shortcuts (the initial stage of research). Second, to analyse legal norms from the perspective of solving social problems in the past, to study the 'law in action'. Third, to arrange the results of the research according to meaningful criteria at the final stage.

Opinion: Bulgarian Discovers a Third Sex

Author(s): Boyko Vassilev / Language(s): English Issue: 02/27/2018

How a ratification debate, a translation misunderstanding, and social prejudices set the country on fire.

Data Protection Officer - a new profession in public administration?

Author(s): Ana-Maria Brezniceanu / Language(s): English Issue: 55/2017

The new European regulation of personal data protection domain is a real reorganization of the specific system, with profound effects on public administration staff or on labor market actors causing the emergence of new opportunities but of limitations too. The institution of the personal data protection officer, although not new, needs some clarification in the new setting.

Problem Gambling Worldwide: An Update and Systematic Review of Empirical Research (2000–2015)

Author(s): Filipa Calado,Mark D. Griffiths / Language(s): English Issue: 4/2016

Problem gambling has been identified as an emergent public health issue, and there is a need to identify gambling trends and to regularly update worldwide gambling prevalence rates. This paper aims to review recent research on adult gambling and problem gambling (since 2000) and then, in the context of a growing liberalization of the gambling market in the European Union, intends to provide a more detailed analysis of adult gambling behavior across European countries. Methods: A systematic literature search was carried out using academic databases, Internet, and governmental websites. Results: Following this search and utilizing exclusion criteria, 69 studies on adult gambling prevalence were identified. These studies demonstrated that there are wide variations in past-year problem gambling rates across different countries in the world (0.12–5.8%) and in Europe (0.12–3.4%). However, it is difficult to directly compare studies due to different methodological procedures, instruments, cut-offs, and time frames. Despite the variability among instruments, some consistent results with regard to demographics were found. Discussion and conclusion: The findings highlight the need for continuous monitoring of problem gambling prevalence rates in order to examine the influence of cultural context on gambling patterns, assess the effectiveness of policies on gambling-related harms, and establish priorities for future research.

PISA-hatások Európában

Author(s): Eszter Neumann,Júlia Vida / Language(s): Hungarian Issue: 3/2012

The Knowledge and Policy (Know&Pol) international research project investigated the relationship between knowledge and policy within education and health sectors between 2006 and 2011 in 8 EU countries. This article briefly presents the results of the third phase of the research, which examined how the OECD’s PISA survey was received in six countries’ (French-speaking Belgium, France, Hungary, Portugal, Romania, and Scotland) national education policies. Here, instead of trying to put forward a comparison of the six cases, we have decided to outline each country’s “PISA profile” by highlighting specific factors that determined their reception strategy and basis for interpretation. We will also touch upon some of the major conceptual conclusions that the participating teams have drawn from their PISA research. Our objective with this article is to call attention to the rich material gained from a qualitative, sociological analysis of a supra-national instrument of public policy

Mission accomplished? The questions of Hungary’s integration into the Euro-Atlantic community

Author(s): Tamás Magyarics / Language(s): English Issue: 2/2011

Almost each of the political forces and the great majority of the public saw no alternative to Euro-Atlantic integration, that is, accession to NATO and the EC (after 1992 the EU) when Hungary regained its independence in 1990. Membership in both organizations had a number of internal and external implications too. Budapest had to introduce sweeping reforms in practically all walks of life. Thus, for instance, NATO-membership required the establishment of a parliamentary democracy, a functioning market economy, and the observance of civil and human rights. At the same time, Hungary had to sign so-called basic treaties with three of its neighbors in which it again committed itself to peaceful relations and the renunciation of any attempt to regain territories it had lost to the countries affected after the First and the Second World Wars. EU-membership needed even more extensive restructuring of the various Hungarian institutions from law enforcement through finances to social services. In addition, Budapest expected that one of the major dilemmas of reconciling the so-called “Hungarian–Hungarian” question with the “good neighbor” policy would be settled within the framework of European integration. The expectations on behalf of the two sides have only been partially realized yet. Thus, Hungary consistently spends much less on defense than the required level within the Atlantic Alliance; Budapest has been trying to compensate with a relative prominent presence in foreign missions. As for the EU, the threat of a “second class membership” has not disappeared; in fact, after the beginning of the economic recession in 2008 it has even become a more realistic perspective; in reality, Hungary has had to accept a relative loss of power even in Central and Eastern Europe. However, Hungary has a vested interest in a “Strong Europe” (this was the official slogan of Hungary’s EU-Presidency during the first six months of 2011) in which “more Europe” should not exclude the country’s closer relations with other regions in the world.

Private copying in the system of copyright restrictions under the law of Ukraine "On the copyright and the related rights"

Author(s): Sergiy Glotov / Language(s): English Issue: 1/2018

The article presumes the existence of certain shortcomings at the level of the legal norm on the regulation of issues related to the carrying out of private copying as a copyright restriction. As is known, copyright should provide the author with a legal basis for supervising the type and scope of his work and making them dependent on the payment of remuneration. According to this principle of copyright, the formalization of exclusive right of an author is exhaustive, which means that any use of his work is under his control. Such a wide aspiration of the Law of Ukraine "On Copyright and Related Rights" to ensure the protection of the rights of the author is, moreover, in the fact that for repeated use, which follows one after another, not only the so-called primary use is taken into account, but every subsequent use of the work - the so-called secondary use (Article 20 of the Law of Ukraine "On Copyright and Related Rights"). This aspiration to protect the rights of the author is opposed by copyright restrictions as regulated by Articles 21–25 of the Law of Ukraine On Copyright and Related Rights. Definition of restrictions is based on the fact that copyright law, as well as any absolute right, is related to the social sphere and thus subject to certain restrictions in favor of society. The purpose of copyright restrictions is to serve the interests of society. At certain points, they cancel the author's exclusive right and thus serve to precisely delineate the outlines of rights that remain with the author within the scope of use defined by the concept of the work and the rules applying to the content of the rights. As for the shortcomings, then, firstly, it remains uncertain neither at the legislative level nor in practice, what exactly refers to the "personal purpose" of free reproduction of works. Secondly, only works which are presented in book (paper) form it is possible copying without payment of remuneration. Thirdly, the legislation of Ukraine regarding regulation of questions of the collection of payments by the manufacturers and the importers of the equipment and tangible mediums has certain disadvantages. Fourthly, the provisions of Ukrainian legislation with regard to technical means of protection do not take into account the copyright restrictions, especially regarding the free reproduction of works for personal purposes – the Article 25 of the Law of Ukraine On Copyright and Related Rights.

Prijedlog izmjena i dopuna Zakona o strancima BiH u skladu s pravnom stečevinom Europske unije

Author(s): Vladana Vasić / Language(s): Bosnian Issue: 29/2017

Zakon o strancima BiH Dom naroda Parlamentarne skupštine BiH usvojio je u novembru 2015. godine. Ovaj je zakon donesen zbog potrebe da se dotadašnji Zakon o kretanju i boravku stranaca i azilu uskladi sa pravnim nasljeđem EU, odnosno direktivama i uredbama Europske unije koje regulišu ovu oblast, ali i potrebe da se razdvoji regulacija materije koja se odnosi na azil i pružanje međunarodne pravne zaštite od pitanja kretanja i boravka stranaca u BiH. Zakon o azilu BiH pripremljen je i u parlamentarnu proceduru upućen u isto vrijeme kada i Zakon o strancima, a usvojen je u februaru 2016. godine. Usvajanjem ova dva zakona ova su pitanja adekvatnije regulisana. Zakon o strancima BiH sveobuhvatni je zakon kojim su regulisana pitanja migracionih tokova u BiH, i, između ostalog, postupak ulaska stranaca u BiH, uključujući i vizni i bezvizni režim, izdavanje putnih isprava za strance, boravak stranaca i njihovo udaljenje iz BiH, prava i obaveze koje imaju, mogućnost rada i školovanja u BiH. Sam Zakon usvojen je u vrlo kratkom roku uz malo rasprave u komisijama i domovima Parlamentarne skupštine BiH, te uz minimalan broj uloženih i usvojenih amandmana. Sam Zakon ima 146 članova i 9 poglavlja...

BREXIT AND ACADEMIA

Author(s): Josep María De Dios Marcer / Language(s): English Issue: 1/2018

It is a very well-known fact that European Union is facing various challenges. Brexit is one of them, and it presumably is among the most serious ones. Brexit has been, is and will be for some months, or perhaps years, one of the weak points of the European Union.

PROBLEMATIKA JAVNIH NABAVKI U KRIZNIM SITUACIJAMA – STUDIJA SLUČAJA

Author(s): Tarik Rahić,Nedžad Korajlić,Fuad Purišević,Mirzo Selimić / Language(s): Bosnian Issue: 2/2017

Crises in public procurement are becoming more frequent bearing in mind the security threats, climate change, and other similar challenges. Crisis is currently affecting the various entities and institutions, including the contracting authorities in public procurement. The importance of crisis decision-making and learning from the mistakes made during the crisis situation becomes imperative in the modern public procurement system. This paper treats the specific problems of public procurement procedures in crisis situations through the lens of case studies, procurement of works of rehabilitation equipment substations certain contracting authority from Bosnia and Herzegovina, which arose as a result of natural disasters - floods of 2014.

Implementation of the General Data Protection Regulation in companies in the Republic of Croatia

Author(s): Krešimir Starcevic,Jerko Glavaš,Boris Crnković / Language(s): English Issue: 1/2018

This paper deals with the current issue of protecting individuals regarding the processing of their personal data and the free movement of such data. As this matter is also regulated by the European Union legislation, the paper describes and analyzes the scope, implications, methods and tools for applying the new EU regulation adopted on 27 April 2016 by the Parliament and the Council of the European Union. The subject matter is the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. The short title of this Regulation is General Data Protection Regulation (GDPR). The term GDPR is thus in common everyday use in companies and among business people, and will also be used in this paper. In addition, the paper analyzes the research conducted on the existing state of affairs and the way in which all collected personal data are processed and used by all stakeholders in the company Atlantic Grupa d.d., Zagreb. In addition, a harmonized project of a structured and methodologically correct procedure for implementation of the provisions of the new Regulation is described for the purpose of achieving the highest degree of compliance of all members of Atlantic Grupa d.d. with the provisions of the GDPR. Finally, the basic objective of the described project is explained, which is to avoid situations that would lead to the extremely high fines for non-compliance with the Regulation.

Edukacija pravosuđa u svjetlu evropskih integracija Bosne i Hercegovine

Author(s): Arben Murtezić,Adela Čomić / Language(s): Bosnian Issue: 4/2017

Judicial profession in the contemporary world is facing unprecedented challenges: its growing importance in the society; integration of the international law into domestic legal systems; development of new forms of crimes and different issues related to the intense global flow of people and finances. Additionally, a multi-level legal order of the EU is creating a unique task for the judges in the member-states and in states aspiring tobecome members. Consequently, the need for systematic and intense education of judges was recognized as a necessity, even formally in the Treaty of Lisbon. Given that this subject is insufficiently researched and due to limited academic sources, this paper is mostly based on research of primary resources. This article provides a short overview of the development of general principles of judicial education under the auspices of the UN and CoE documents. Secondly, focus is shifted onto the EU standards, established through the formal documents and functioning of the EU institutions and bodies. The situation in said field in Bosnia and Herzegovina is explained, with an emphasis on pre-accession demands and challenges. Finally, the paper encompasses proposals for and concrete and feasible steps that can be taken in the direction of reaching the described EU standards, which is actually the main aim of this paper.

HARMONIZATION AND CONVERGENCE OF ECONOMIC CRITERIA IN MACEDONIA IN LIGHT OF ACCESS TO THE EUROPEAN UNION

Author(s): Biljana Petrevska / Language(s): English Issue: 10/2017

The main objective of this paper is to analyze the actual process of harmonization and convergence of economic criteria in Macedonia in light of access to the European Union. Therefore, this paper will explain the economic criteria that need to be seen in the context of the increasing importance of economic governance in Macedonia on its path towards the European Union, and it will propose necessary reforms in this segment.The paper consists of 4 parts. The first part of this paper presents an introduction to the framework that will explain the subject of research, while the second part focuses on the existence of a functioning market economy in Macedonia within which we analyze: the economic policy essentials, macroeconomic stability, the interplay of market forces, market entry and exit, the legal system, and the financial sector development. The third part of this paper explains the capacity to cope with competitive pressure and market forces within the European Union, and in this part of the paper we analyze: the human and physical capital, sectoral and enterprise structure, state influence on competitiveness as well as the economic integration and convergence with the European Union. Finally, in the fourth part of this paper conclusion, we are giving our basic conclusions that will arise from our paper and we recommend the necessary reforms aimed at the promotion and fulfillment of economic criteria in Macedonia on its road to the European Union.

РИМЛЯНКАТА И УПРАЖНЯВАНЕТО НА ВЛАСТ ЧРЕЗ КОНТРОЛ НА ФИНАНСИТЕ. СЛУЧАЯТ ТЕРЕНЦИЯ, СЪПРУГА НА ЦИЦЕРОН

Author(s): Coré Ferrer Alcantud / Language(s): Bulgarian Issue: 1/2017

According to the sources, the life of the upper class Roman women was both quiet and insignificant during the Republic. In spite of the fact that a few ones stand out within a more mythical rather than realistic ancient literature, women had to stay at home, whereas men, outside «feminine» place, had the choice to access an enormous universe of possibilities and political dreams. Nevertheless, one woman will shine above the other matronae in the last decades of the Roman Republic: Terentia, Cicero's first wife. Thanks to this eloquent orator –the most important source of those last times– and his epistolary work, we will be able to observe how this woman could manage the family finances during the absences of her husband; we will see that this was an action which followed no patterns.