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THE RULE OF LAW CRISIS AND SELF-INCURRED IMMATURITY

Author(s): Benjamin Nurkić,Aldina Jahić / Language(s): English Issue: Suppl./2020

The COVID-19 pandemic challenged countries around the world to preserve public health which entailed limitations of human rights. We have seen around the world that these limitations were adopted in way that was not in accordance with the proportionality principle, which led to misuse of the state of emergency in general and the interventionism of unseen proportions. The goal of this paper is to present how Bosnia and Herzegovina, as a country in transition, faced the COVID-19 pandemic and give an overview of the events that represent human rights and freedoms violations and abuses associated with the state of emergency.

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MODERNA UPRAVA

Author(s): Tomica Starčević,Ines Jambrek Petrak,Branka Mandić,Naida Korajlić / Language(s): Croatian Issue: 1/2020

A modern administration is an administration that is open and transparent. Administration that has quality and timely communication with users of administrative services. It is an administration in which educated and competent civil servants work and are subject to a permanent grading and education system. The paper examines the classic model of public administration, the so-called Weberian public administration, the new public management, and the advantages and disadvantages of these systems. Four basic elements are crucial for the functioning of modern administration, namely: quality staff, retaining it in the service, further training, and especially the professionalization and depoliticisation of leadership positions. The rule of law cannot function without a good administration. Which system best suits a country depends on its specifics. It will rarely be a single system, but rather a combination of several systems. Advantages and disadvantages of individual systems will be briefly presented in the paper.

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ЕВРОПЕЙСКИЙ СОЮЗ И ПРИДНЕСТРОВСКИЙ КОНФЛИКТ: ДОСТИЖЕНИЯ И ПРОСЧЕТЫ

Author(s): Artem Fylypenko / Language(s): Russian Issue: 1/2020

The article analyzes policy of the European Union in relation to the Transnistrian conflict. Over the past years, the role of the EU in the Transnistrian settlement has significantly increased. The European Union is funding confidence-building measures. Transnistrian enterprises are admitted to trade with the EU countries under the Association Agreement between Moldova and the EU without changing their political status. This made it possible to change geography of Transnistrian exports. A separate direction is the implementation of the Berlin Protocol. However, so far these measures have not had a positive effect. People of Transnistria are still oriented towards Russia, and Moldova's reintegration has not been achieved.

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Az Emberi Jogok Európai Bíróságának ítélete a nemzeti kisebbségi iskolák diákjai érettségi többletterhének ügyében

Author(s): Péter Varga / Language(s): Hungarian Issue: 3/2020

According to the ruling of the European Court of Human Rights (ECtHR) in the case of Adam and others versus Romania the curricula and the manner in which the baccalaureate was organized was ruled not to be discriminatory. In this case the six Hungarian students from Transylvania who raised the issue were found not to be in a sufficiently disadvantaged position in the application for the baccalaureate examination. The present analysis gives a factual overview of the case and, without claiming to be exhaustive, examines whether the Court acted with due diligence in assessing the above mentioned difference, between the opportunities of minority and majority students. Was Romania’s omission and delay in adapting curricula and examinations for the needs of minority students acceptable under the standards of the European Convention for Human Rights barring discrimination.

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Serious violent or sexual offenders travelling across European Union Borders: Ideological and ethical challenges of information exchange

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Serious violent or sexual offenders travelling across European Union Borders: Ideological and ethical challenges of information exchange

Author(s): Sarah Hilder,Hazel Kemshall / Language(s): English Issue: 3/2016

The relative ease of international travel, coupled with open borders across much of the European Union provides capacity for some serious violent or sexual offenders to utilise these advancements to increase their opportunities to offend. In 2013, an EU-funded project reviewed existing information exchange systems and the challenges of collaborative working across EU Member States to manage such offenders. This article reviews key issues arising from that research, and a range of ideological, ethical and legal differences and constraints that impact upon the choices and actions of law enforcement and probation personnel.

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Актуални тенденции в законодателната уредба на висшето образование в България

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Актуални тенденции в законодателната уредба на висшето образование в България

Author(s): Andriyana Andreeva,Darina Dimitrova / Language(s): Bulgarian Issue: 1/2021

In the present article is made a normative analysis of the Bulgarian legislation in the sphere of higher education in the part of the recent legislative amendments. The reform in the in the area of higher education is a process, started directly after the democracy changes in the country, which encompasses several sub-stages. The authors focus towards examination of the actual amendments in the normative regulation and based on it point out the contemporary tendencies in this area. On the one side is examined the internal normative regulation, on the other side the Bulgarian higher schools are examined in the context of harmonization of the domestic law with the Law of the European Union. Based on the analysis are made conclusions and summaries, directed to the practical appliance and improvement of the legal regulation.

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COMPETITION LAW IN REPUBLIC OF NORTH MACEDONIA - 20 YEARS OF COMPETITION LAW IN REPUBLIC OF NORTH MACEDONIA

Author(s): Borka Tushevska Gavrilovikj / Language(s): English Issue: 3-4/2020

This article examines the laws in the Republic of North Macedonia (hereinafter RNM), that prohibit agreements among competitors to fix prices, divide markets or in other ways avoid or undermine market competition, otherwise known as competition laws. It explores the conditions and challenges in implementing Macedonian competition laws, as well as the role of the state (regulatory) authorities, the degree to which the competition laws comply with the European Union’s competition laws, and finally, the degree to which competition laws are effective and beneficial for the Macedonian economy. Properly implemented competition laws hold much promise. The enactment of competition laws is fundamental for the benefits of a market economy to be achieved. This encompasses economic growth, innovation, lower prices and higher quality of goods and services. The enactment of competition laws since the independence of the Republic of Macedonia is furthermore important. This is due to Macedonian obligations to meet the requirements for EU accession. Additionally, adoption of competition law and competition by-laws in RNM, positively affects on the work of authorities for the protection of competition. What is most important, this competition legal regime represents a base for reducing the abuse of the state authorities and theirs incompetent behaviors. At the end, the article contains conclusions, opinions and suggestions from the conducted research, which hopefully will be beneficial for the relevant auditorium. The analytical-descriptive method, the comparative method, the method of analysis and synthesis, and the method of induction and deduction were used to analyze the subject matter for this article.

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Защитата на личната неприкосновеност в условията на пандемията от Covid-19

Author(s): Denitza Toptchiyska / Language(s): Bulgarian Issue: 2/2020

During the pandemic of COVID-19 in April 2020 the Ministry of Health in Bulgaria began the administration of the Virusafe contact tracking application. With the Law on Emergency Measures and Actions, declared by a decision of the National Assembly of 13th March 2020 amendments to the Electronic Communications Act were adopted. The purpose of the legislative amendments was to provide access of the competent authorities to the localization data from the public electronic communication networks of the individuals, who have refused or do not fulfill the obligatory isolation or treatment under art. 61 of the Health Act. This publication aims to analyze the main features of mobile applications for tracking the contacts of infected persons, as well as the adopted legislative changes, comparing them with the standards of personal data protection provided in the EU General Data Protection Regulation 2016/679 and Directive 2002/58/EC on the right to privacy and electronic communications.

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ACCESS TO JUSTICE IN THE TIME OF PANDEMIC: FUNCTIONING OF LEGAL AID FORMS IN NORTH MACEDONIA

Author(s): Ivona Shushak,Vesna Shapkoski / Language(s): English Issue: 1/2021

The international community has significantly increased its focus on the improvement of justice systems around the world, in recent years. With the increase in effort and interventions in the sector, there has been a need to create tools to assess justice systems, to identify the main elements affecting the workings of the justice machinery. In a context of increasing interest and engagement in justice systems reform, the ability of citizens to access justice institutions to address their needs has come to be seen as an essential element of development, human rights, democracy, and the rule of law. The Republic of North Macedonia has been dedicated in a certain amount to improving the access to justice following these global trends. However, the pandemic has brought to the surface many obstacles in the realization of these efforts and imposed serious issues that need to be further solved. In this paper, we will elaborate on the present situation in North Macedonia from the personal experience of law clinics and civil society organizations that work and contribute closely on this issue. Furthermore, we will identify particular points that need to be advanced and relevant stakeholders to be engaged, to improve the situation, and bring justice closer to everyone.

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LEGAL POSITIVISM: AN OBSTACLE IN THE PROCESS OF STRENGTHENING THE RULE OF LAW IN BOSNIA AND HERZEGOVINA

Author(s): Benjamin Nurkić / Language(s): English Issue: 1/2021

So far, a legal positivism issue in the process of strengthening the rule of law in Bosnia and Herzegovina was not recognized by the wider academic community. The expert report on rule of law issues in Bosnia and Herzegovina addresses, for the first time, legal positivism as a part of the process of strengthening the rule of law in Bosnia and Herzegovina. This paper is an attempt to gather, and in one place present all the advantages offered by the constitutional system of Bosnia and Herzegovina that were not used by its institutions due to the application and implementation of legal positivism. This paper demonstrates misguided reform policies whose sole purpose was the strengthening of the rule of law in Bosnia and Herzegovina but turned to be just superficial adjustments that were unsuccessful. The paper argues the necessity of legal education reform as the key element in the process of strengthening the rule of law. Legal education reform is possible through the reduction of legal positivism impact on future lawyers, and this will be accomplished by the change in the paradigm of legal understanding among future lawyers who will make important decisions on the rule of law in Bosnia and Herzegovina. Two strategic objectives must be met in terms of legal education reform for the strengthening of the rule of law: the development of a critical stance towards legal provisions in force and training in the use of international instruments during the decision-making process.

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Правна уредба на Европейската гражданска инициатива

Author(s): Katerina Yocheva / Language(s): Bulgarian Issue: 9/2019

The paper is dedicated to analysis of the legal regulation regarding the European Citizens’ Initiative, which is part of the relevant EU law (primary and secondary EU law), as well as regarding the respective relevant provisions stemming from the national legislation of the Republic of Bulgaria.

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Отговорността на възложителя на работа по английското и българското деликтно право

Author(s): Silvia Tsoneva / Language(s): Bulgarian Issue: 9/2019

This paper deals with the vicarious lia bility of one party held liable for the damage caused by another in the course of his employment under the English and Bulgarian tort law. The legal framework and caselaw on vicarious liability in the two legal systems are explored and analyzed in comparison.

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Intercountry adoption in Polish family law

Author(s): Katarzyna Kamińska / Language(s): English Issue: 31 (3)/2020

The objective of this article is to present the intercountry adoption institutions in Polish family law. The objective is achieved by analysing the term ‘adoption’ by tracing it back to its origins in Imperium Romanum. Particular attention was paid to the recent amendment to the Penal Code, based on which the legal definition of the term ‘adoption’ was introduced (which is not the case of the Family and Guardianship Code) and to the differences between the terms ‘intercountry adoption’ and ‘foreign adoption’. The article includes the analysis of Article 1142 of the Family and Guardianship Code and the essence of the intercountry adoption principle of subsidiarity. The purpose of the study was to show technical and organisational issues related to the concept of intercountry adoption, such as pre-adoption period or ‘eligibility’ of potential adopters. One of the conclusions was that the citizenship of the adopter does not determine the international type of adoption, but his/her place of residence outside Poland. Certain international legal documents were reviewed to see how the adoptee’s welfare is protected under international law and to outline the genesis of the regulations in Article 1142 of the Family and Guardianship Code. The author’s aim is to show the circumstances favourable to the adoption of a child by a foreign couple. At this point, it should be stated that the child’s best interest should always remain the most important condition. Furthermore, when ruling in an adoption case, the court should protect the child’s interests, but also pay attention to the regulations concerning the continuity of the child’s upbringing as well as its ethnic, religious, cultural and linguistic identity. The above is related to the contemporary issue of adoption by homosexual couples. Countries, such as Poland, which do not allow adoption by homosexual couples may challenge the eligibility of candidates on the grounds of infringement of fundamental rules of the Polish legal order. Furthermore, the article includes statistical data concerning intercountry adoption. Currently, the number of intercountry adoptions decreases not only in Poland, but worldwide. In Poland, it may be caused by the tightening of the eligibility criteria for adopters and adoptees with respect to intercountry adoptions and reduction in the number of centres authorised to effect such adoptions. In the last part of the study, the author developed the argument that the issues of intercountry adoption are part of the global problems related to poverty and inequality.

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EXECUTION OF IMPRISONMENT SENTENCED BY JUDGMENT OF THE INTERNATIONAL CRIMINAL COURT

Author(s): Dragana Čvorović,Hrvoje Filipovic / Language(s): English Issue: 2/2021

One of the current issues of criminal law, in general, is the issue of execution of a criminal judgment sentenced by the international criminal court (ad hoc or permanent international criminal court). The issue is ongoing because international criminal courts do not have their institutions for the enforcement of criminal sanctions they impose, but are, in that regard, instructed to cooperate with states that express readiness to execute criminal sanctions - imprisonment sentences imposed by an international criminal court in their prison facilities. Among the numerous issues related to this issue, the paper analyzes only those related to the legal basis for standardization, conditions, and manner of execution of a prison sentence imposed by an international criminal court.

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Uwarunkowania prawne dotyczące rachunku wspólnego jednostek samorządu terytorialnego

Author(s): Zbigniew Ofiarski / Language(s): Polish Issue: 4/1/2018

A joint account is a special type of bank account and can be run for local government units. It is not widely available in the offer of banks for all companies though. In connection with this, the hypothesis has been positively verified on the constraints subjectively and objectively delineated by the legislator, the aim of which is to encourage cooperation between the local government units in the field of implementation of public tasks, and in particular in the more effective use of European funds. Limitations imposed by the legislator on opening and conducting joint accounts for the local government units result in a modification of the structure of the bank account agreement adopted in the Civil Code. These findings were made on the basis of analysis and evaluation of banking law acts, including those created at the level of banks (in particular banking regulations and general contract terms), as well as court decisions and the doctrine of banking law and local self-government law regarding the rules and procedure of opening and conducting joint accounts for the local government units. The paper uses the dogmatic method (as the basic method) and, additionally, the empirical and analytical method (in particular with reference to the offer of banks in the area of joint accounts established for the local government units).

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Koordynacja polityk fiskalnych w Unii Europejskiej

Author(s): Marcin Wajda / Language(s): Polish Issue: 4/1/2018

The aim of the paper is to present the legal solutions and their effectiveness with respect to the co-ordination of fiscal policies within the European Union. The starting point for the analysis is the justification of the co-ordination of fiscal policies in the European Union. The further sections of the article discuss the basis resulting from the “preventive” and “reparatory” provisions of the Treaty on the Functioning of the European Union (TFEU). These regulations have been analysed in terms of their efficiency with respect to the reference values specified in Protocol 12 of the TFEU. The analysis was based on the excession of reference values and dispersion in all Member States. The presented conclusions demonstrate that the existing solutions are ineffective. The paper also presents and evaluates the scenarios of the reform of fiscal policy co-ordination in the EU that are possible in the opinion of the EC.

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Intellectual Property in the Context of Global Ethics

Author(s): Cristina LAZARIUC,Ecaterina Lozovanu / Language(s): English Issue: 1/2021

Today we are the subjects and witnesses of the continuous development and transformation of society, which has made rapid leaps from modern to the informational and knowledge-based society. In this sense, in order to ensure technological, economic and social progress, Intellectual Property Rights (IPR) must become the only key element for protecting ideas, stimulating innovation and creativity, designing and contributing to the creation of technology. In this article the authors emphasize the need to address IPR in the context of global ethics, because IPR is also the social responsibility and moral duty of every global citizen, whether creative or consumer, to respect the cultural and intellectual heritage of humanity and to contribute to its diversification and to overcome the challenges of the contemporary world in the digital age. In the current context of the globalization of economic, social and even spiritual life, the need for morality of people is becoming more and more pressing, on which we will continue to focus our concerns, because any new issue addressed includes a component of global ethics.

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LIABILITY EFFUSUM ET DEIECTUM FROM ROME TO THE CONFIGURATION OF ART. 1910 OF THE CIVIL CODE: SAFETY AND HEALTH IN PUBLIC HIGHWAY

Author(s): Jose Luis Zamora Manzano / Language(s): English Issue: 2/2020

One of the problems that arose in urban development of the city of Rome was insulae overcrowding and congestion, which affects numerous parameters such as habitat protection of the city itself, given the need to evacuate and canalise organic waste products produced by human activity, the citizen's health and to guarantee the safe transit of pedestrians who often had to circumvent the road to avoid damage the caused by the spillage thrown from buildings, hence the study of the edict effusis vel deiectis whose footprint is inserted in art. 1910 of the civil Code.

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СРАВНЕНИЕ НА РИМСКОТО ПРАВО С ДЕЙСТВАЩОТО ПРАВО И ПОЗИТИВНИТЕ МЕТОДИ ЗА УПРАВЛЕНИЕ НА КОНФЛИКТИ

Author(s): Gema Vallejo Perez,María Consuelo Morán Astorga / Language(s): Bulgarian Issue: 2/2020

Alternative procedures to the judicial way existed in the Roman Law to solve controversies; many of them emerged in the family environment and in the business world. At present, through Mediation, Negotiation and Arbitration (Alternative Dispute Resolution – ADR), more favorable agreements can be obtained for the interests of both parties. In addition, these ADR methods protect privacy and avoid distress that damage the health and destroys the future relationships between the parties. The objective of this work was to compare the alternative strategies existing in the Roman Jurisdiction with the ADR methods used at present. This meta-analytical study consisted in the bibliographic revision of roman documents to compare them with the sources of current Law. The results inform that, in both, Roman Law and Current Law, alternative strategies like ADR, offers important advantages to the judicial way. They can be highlighted: the preservation of privacy, the good reception of the resolution by the parties, a more positive management of emotions, and a preservation of good relations between the parties. Both in Roman times and in our times, these aspects have special relevance in the field of the family and also in private businesses.

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Claims of travel agents in case of insolvency of the organizer of tourism in the light of EU directives

Author(s): Patrycja Dolniak / Language(s): English Issue: 3/1/2018

The aim of the study is to analyse the protection scope of claims of insolvent travel agency’s customers under EU law. The thesis assumes that the protection granted to the customers by the EU legislator covers all financial claims that may arise as a result of the failure of the tourist event in the consequence of the insolvency of the trader. At the same time, the tendency of the EU legislator is to deepen the scope of protection granted to the customers, through, among others, expanding the catalogue of entities benefiting from increased normative protection This extremely broadly defined by EU law standard of customer protection means that any incoherence to the rule, permitted by national legislation, will constitute an improper implementation of the Directive. This in turn can lead to a Member State’s liability. The topicality of the above mentioned problem increases the requirement for maximum harmonization of the legislation of Member States introduced by Directive 2015/2302, the implementation deadline for which is January 1, 2018. The aim of the EU legislature is to bring the rules of the Member States closer together so that customers can enjoy a homogeneous range of protection, regardless of where they purchased a tourist event.

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