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Szwajcarska demokracja wobec kwestii mniejszości muzułmańskiej

Author(s): Mirosław Matyja / Language(s): Polish Issue: 1/2019

Muslims in Switzerland are the third largest religious group. However, they are not legally recognized as a religion. The Swiss state is confronted with the necessity of their integration and the problem is constantly present in politics. It is a fact, that the regional differences between Muslims and other religions in Switzerland are very large. The results of referendums regarding the acceptance of the Muslim religion have been in the past only negative. The best example is the initiative and referendum „stop of minarets” in 2009. From a legal point of view, the presence of Muslims in Switzerland provokes many challenges for the Swiss state, because the systems of these two „worlds” are fundamentally different: Muslim law is based on the Islamic religion, while the Swiss Confederation is a democratic state of law and as such is based on the will of society. Recognition of Muslims as a religious minority can take place within the framework of Swiss direct democracy only in the referendum, which is currently impossible.

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Przymusowa migracja muzułmańskich kobiet jako katalizator rozwoju pluralizmu prawnego w ich krajach docelowych na przykładzie poligamicznych związków obywatelek Syrii w Turcji

Author(s): Wojciech Trojan / Language(s): Polish Issue: 2/2019

Islam provides a perfect environment for the fast development of the Sharia law and the customary laws despite strong secularization efforts and pressure exercised by the government authorities. The Ottoman Empire was a multicultural society based on the principles of the Sharia law. The abolishment of the caliphate in Turkey and enforcement of the monogamy model of a family through the Kemalist revolution penalized the parallel Islam activities. After the collapse of the Ottoman Empire the millet system survived in Syria with its legal pluralism. Polygamy is currently on the rise in Syria as many men left the country or got killed in the fighting. The mass influx of Syrian women to Turkey results in the growth of parallel Islam de facto polygamous marriages in Turkey. The refugee women are looking for protection within the Sharia law family model, and the living law bypassed the Kemalist positive law secular principles. The same trend is visible in the countries that received many Muslim women that were claiming to the UNHCR their well-founded fear of persecution due to alleged transgressing of traditional social mores in their countries of origin. The same individuals sought later support and protection within the informal and effective parallel Islam networks in the resettlement countries. The legal pluralism is on the rise in the traditionally secular cultures due to the mass migration of single women preferred by the selection systems and resettlement criteria as agreed between UNHCR adjudicators and immigration authorities worldwide.

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Права на издателите на публикации в пресата при използване в цифрова среда

Author(s): Diliana Kirkovska / Language(s): Bulgarian Issue: 7/2020

The system of protection of copyrights and related rights within the European Union is rapidly developing with putting forward of new assessment rules to protected content in digital environment. Changes occurred at the Directive (EU) 2019/790 of the EP and of the Council of 17 April 2019 refer to establishing of a brand-new retated right of the press publications publishers concerning digital issues, and also to harmonized legal protection for the press publications when used online by information society services providers. There appears necessity of licensing of the online use of publications of new providers, such as news aggregators and media clipping services.

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HUMAN RIGHTS AND CIVIL LIBERTIES IN THE TIME OF COVID-19

Author(s): Goran Ilik,Angelina Stanojoska / Language(s): English Issue: Suppl./2020

We’ve seen that living in a pandemic time is not easy at all. We had to stop our everyday lives, change the way we worked before, stay physically, but not socially distant to others, to postpone travelling for better times. Also, measures taken by states around the world, to slow the spread of the coronavirus, have shown that guaranteeing human rights and civil liberties during these times is and will be a challenge. The ongoing health crisis asked for extensive lockdowns, becoming also an economic and social crisis. It opened even deeper economic and social differences, affecting vulnerable social groups differently. States should use maximum action to save lives and slow the spread of the coronavirus, but should also minimize the negative consequences.

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THE COVID-19 MOBILITY IMPACTS ON THE MIGRATION FLOW IN SOUTH-EAST EUROPE: THE SITUATION IN 2021 AND BEFORE 1989

Author(s): Rossen Koroutchev / Language(s): English Issue: 1/2021

In this paper, we analyze the current travel restrictions due to the COVID-19 pandemic imposed by the countries from South-East Europe and briefly compare them with those imposed by the Central European countries. By using official data collection of displacement tracking matrices and analyzing the porosity of the borders in this part of Europe, we research the impact of COVID-19 on human mobility and the related economic and social aspects. Discussions are presented regarding this impact on the travelers, the seasonal workers from some of the selected countries, and the immigrants from the Middle-East. A formal analysis is performed relating the current travel restrictions and the travel ban during the iron curtain.

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THE INTERCULTURAL COMMUNICATION AND COMMUNITY PARTICIPATION IN LOCAL GOVERNANCE: THE CASE OF NORTH MACEDONIA AND KOSOVO

Author(s): Mirlinda Vejseli,Ferdi Kamberi / Language(s): English Issue: 3/2021

Communication is a process and part of human identity without which man could not exist today. Intercultural communication is a form of global communication, which refers to intercultural interactions between different cultures that appear in a social group with different religious, social, ethnic, cultural, and social backgrounds. North Macedonia and Kosovo are considered multicultural states which have ethnic identities within them, which are part of the mosaic and the promotion of intercultural communication is a test of the democratic development of these states. Therefore, this study aims to research and analyze the role of intercultural communication between local communities in both countries, communication of local government with the community, and community participation in public meetings as part of local decision-making. The methodology applied in this paper is the study of literature and the development of quantitative research with local communities. The results show that even though the participation of local communities is low in both countries, due to various factors, intercultural communication has broken down barriers between communities and has influenced the initiatives for the organization and development of the community itself.

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Пандемия, европейски и международни институции, политики…

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Пандемия, европейски и международни институции, политики…

Author(s): Mila Santova / Language(s): Bulgarian Issue: 1/2021

The article dwells on the situation in Europe and in the world in the sphere of cultural heritage and its preservation in the conditions of the COVID-19 pandemic. Attention is focused on the reactions, decisions and actions taken by the European Council/ Council of the European Union, UNESCO and ICOM.

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Научна конференция „Опазване на културното наследство – анализи, документи, практики“

Author(s): Stela Nenova / Language(s): Bulgarian Issue: 1/2021

Scientific life, conference report

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LOCAL SELF-GOVERNMENT IN A CRISIS CAUSED BY THE COVID-19 PANDEMIC: THE CASE OF SERBIA

Author(s): Samed M. Karović,Siniša Domazet,Jelena Jesic / Language(s): English Issue: 1/2022

This research examined whether there is an elaborate system of protocols, protection, and prevention in place at the local self-government level in the event of a crisis caused by an epidemic or pandemic. The core idea of this paper was to evaluate the protocol's effectiveness at the local self-government. Analysis was conducted using responses of 16 local self-government authorities. During a crisis caused by an epidemic/a pandemic of infectious illnesses, surveys were done as a cross-section documenting and detecting the current state of local self-government functioning. Methods used in the study are defining the objectives of the research, conceptualization, analysis of legal regulations, economic analysis, and decomposition of the problem. Key results and arguments of this paper expanded existing research thus there are only certain empirical data from areas that have been affected by the infectious disease caused by the epidemic/pandemic. Data was collected, processed, and systematized to serve in model formulation. As a brief conclusion, this study suggested protocol effectiveness at the local self-government level representing the idea that emergency and crisis management should be organized to preserve the health and livelihood of the population in the area affected by the pandemic of infectious diseases and thus enable the functioning of economic activities and society as a whole.

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THE CURRENT MIGRANT AND REFUGEE CRISIS IN EUROPE: REFUGEE RECEPTION CENTERS IN SOUTH-EAST BULGARIA

Author(s): Rossen Koroutchev,Kalin Peev / Language(s): English Issue: 1/2022

In this paper, we analyzed the current refugee crisis in Europe by discussing its main characteristics within the European context. A comparison between the different routes in Western, Central, and Eastern Mediterranean, the Western Balkans, and in general in South-Eastern Europe was done. As the main research problem, we focused on Bulgaria as an entry gate for the arriving immigrants and we presented the most recent statistics related to the illegal entries in the country. Among our objectives was the analysis of the current problems at the reception centers in the South-Eastern part of Bulgaria. An important part of our methodology consisted of direct interviews performed with the local and immigrant population at the center of Harmanli. The key results of our analysis showed that despite the attempts on the part of the officials for successful integration of the immigrants, there were still important needs for improvement. In conclusion, we suggested that the use of good practices from other countries with experience in migration policies might contribute to better integration and improvement of the mutual respect between local and migrant populations.

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THE POWER OF SMALL EU MEMBER STATES AFTER BREXIT: HOW POWERFUL IS THE VISEGRAD GROUP?

Author(s): Tomáš Kajánek / Language(s): English Issue: 1/2022

The power of individual EU Member States has been changing over the past decades as a result of revisions to the voting systems and the enlargements of the European Union. The present article analyses the development of the voting power of individual Member States in the Council of the European Union before and after the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union. We use the calculation of the standardized Banzhaf power index to calculate the legislative power of the Member States. The calculations recorded in the table point to changes in the weights of national votes caused by Brexit. The article pays special attention to the Visegrad Group, which we define within the European Union as an informal group consisting of four Central European states - the Czech Republic, Hungary, Poland, and the Slovak Republic. The results indicate a significant growth of the voting power in Poland and more moderate growth in the other three Visegrad Group countries which contributes to the shift in the voting equilibrium within the ordinary legislative procedure of the European Union.

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RURAL DEPOPULATION IN SPAIN: NEXT GENERATION EU AS A STIMULUS TO ACCELERATE THE TRANSFORMATION

Author(s): Marcin Roman Czubala Ostapiuk,Mónica Puente Regidor,Carlos Corullón Hermosa / Language(s): English Issue: 1/2022

The main objective of this study was to examine the situation of depopulation in Spain. Also, to highlight the importance of digital transformation and the funds provided through the Next Generation EU (NGEU) to fight against this phenomenon. Based on data from the National Institute of Statistics (INE), an empirical investigation about the current state of population abandonment in Spain has been carried out. Moreover, the Digitization Index (DiGiX) has been used to obtain a territorial vision about the digitization degree of the Autonomous Communities (CCAA). Finally, the estimates of the Spanish executive set out in the National Recovery, Transformation and Resilience Plan (RTRP) have been used to underline the importance of Next Generation EU resources to fight the problem of ‘empty Spain’. That was to see that mentioned country is currently at the head of the ‘demographic deserts’ of the EU. Likewise, the Recovery Plan for Europe, and its digital axe, constitute one of the key factors to combat the population abandonment of the Spanish rural areas. In other words, an important approach, which addresses the wide deficiencies in the literature on the subject, is making this research highly relevant and interesting.

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CHINA’S DEVELOPMENT ASSISTANCE TO THE WESTERN BALKANS AND ITS IMPACT ON DEMOCRATIC GOVERNANCE AND DECISION-MAKING

Author(s): Ana Krstinovska / Language(s): English Issue: 1/2022

China’s development assistance to the Western Balkans has been little researched and aid-funded projects are often mistermed as Chinese investments. This article aimed to shed light on specific ‘China Aid’ disbursement and management procedures by examining the signed agreements and contracted projects in five countries - Albania, Bosnia and Herzegovina, Montenegro, N. Macedonia, and Serbia during the period 2000-2020. The objective was to determine the impact of China’s development assistance on democratic governance and decision-making. Attride-Stirling’s thematic networks tool was used to analyze the procedures in each project cycle phase and their compliance with the principles of good governance and aid effectiveness. The findings suggest that the assistance, shaped by Chinese rules in combination with Western Balkans domestic agency, is marked by the opacity of the procedures, lack of accountability, disregard for rules in public finance management, and public procurement. Moreover, China could use its grant and loan agreements to influence sovereign decision-making on issues that affect China’s interests. To conclude, although China’s development assistance to the Western Balkans could benefit the recipients’ economic development, it also constrains their democratic governance and decision-making and serves China’s foreign policy interests.

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THE CHALLENGES OF PUBLIC ADMINISTRATION REFORMS IN KOSOVO IN THE CONTEXT OF EUROINTEGRATION PROCESS

Author(s): Artan Fejzullahu,Besard Belegu / Language(s): English Issue: 1/2022

The phase of transition and the ambition for EU membership has caused the administration and the Government of Kosovo to act differently, allowing it to address a variety of issues that have brought Kosovo's state administration closer to the European family. Kosovo has not remained indifferent to its claim to join the EU, therefore it has undertaken the public administration reform. The results of the reform are being felt slowly. Problems in administration reform over the past few years have been; political influence on public administration recruitment and independent decision-making, size of administration, lack of professionalism, etc. The objectives of this paper consist of a) reflecting the real situation of the public administration reform process, b) analyzing the results of the administration reform over the years, c) analyzing the harmonization of legal acts and the transformation of the public administration of Kosovo with acts legal and EU policies. The research methods used in this study were normative, analytical, and statistical methods. Reforming and modernizing the public sector remains one of Kosovo's most pressing challenges on the road to EU membership.

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Europejska Agencja Straży Granicznej i Przybrzeżnej (Frontex) wobec oskarżeń o naruszanie praw podstawowych w działaniach na Morzu Egejskim

Author(s): Aleksandra Kusztal / Language(s): Polish Issue: 1/2021

The subject of the paper is to present and analyse current accusations against the European Border and Coast Guard Agency - Frontex, in connection with documented in journalistic investigation cases of violations of fundamental rights of illegal migrants, within the framework of Operation Poseidon, conducted by the agency in the Aegean Sea. As the subject of the intended research procedure is specific, the adopted methodology was based on the application of the analytical-empirical model. Among the research methods used in the cognitive-analytical procedure, the dominant role was played by qualitative methods, including institutional and structural analysis and mediated observation through the exploration of original and secondary sources in the form of documents and press materials. The quantitative methods concern the analysis of numerical data describing migratory movements around Europe in 2020. The research issues addressed in the article concern the current migration situation at the EU's external borders, the sources and documentation of accusations against Frontex, the functioning of the EU's institutional and administrative structure under crisis conditions, instruments, and legal possibilities to prevent, assess and curb possible abuses. The value of the article is its exceptional topicality and its conclusion based on the logic of deduction. It leads to the summing-up that the crisis surrounding the accusations proves that both the European Union itself and the process of European integration are currently in deep crises: political, legal, institutional, and identity.

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EVALUATING MACROECONOMIC FACTORS AND THEIR INFLUENCE ON ECONOMIC GROWTH: EMPIRICAL EVIDENCE FROM WESTERN BALKAN ECONOMIES

Author(s): Erëza A. Arifi / Language(s): English Issue: 2/2022

This research aimed to identify and evaluate the impact of some macroeconomic components on economic growth performance. The data applied in the analysis were secondary data, including six countries from 2005 to 2020. The econometric approach applied was the fixed effect regression approach to economic growth as a dependent variable. The study also applied several diagnostic tests and the Hausman test to select between fixed and random effects. The data provided after the analysis show that inflation and foreign direct investment have a significant positive impact, while public debt has a significant negative impact. Moreover, unemployment and population growth have shown statistically insignificant results. The study from the aspect of the original contribution provides arguments and applies two variables that are very little addressed in the context of economic growth. The study results provide critical information for policymakers, economists, and researchers and provide arguments for a sound and proactive debate on these variables.

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Рецензия за сборника „Въпросът за справедливостта. Съдените журналисти в България”

Author(s): Maria Neikova / Language(s): Bulgarian Issue: 11/2022

The edited volume 'The Question of Justice. The Prosecuted Journalists in Bulgaria' (University Press 'St. Kliment Ohridski', 2022) with interviews, articles and commentaries, edited by Prof. Snezhana Popova and Assoc. Prof. Zhana Popova, is a valuable contemporary chronicle that fits into the history of Bulgarian media and journalism.

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Валентина Ганева-Райчева, Ирена Бокова, Николай Ненов (съст.). Местни общности, културни наследства и музеи. София: ИЕФЕМ – БАН, 2021

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Валентина Ганева-Райчева, Ирена Бокова, Николай Ненов (съст.). Местни общности, културни наследства и музеи. София: ИЕФЕМ – БАН, 2021

Author(s): Oksana Minaeva / Language(s): Bulgarian Issue: 4/2021

Book review

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DEMOCRACY AND THE RIGHTS OF NON-MAJORITY COMMUNITIES AT THE LOCAL LEVEL IN KOSOVO

Author(s): Besim Myrtezani,Ferdi Kamberi / Language(s): English Issue: 3/2022

Democratic governance has to do with the majority's will, respecting the rights of communities and all citizens' well-being. In Kosovo, the rights of communities are regulated by the constitution and legislation, which guarantee the special rights of minority communities. One of the fundamental policies of governmental institutions was about decentralizing local self-government, designed to facilitate the creation of new municipalities of communities and their integration into the local institutions. Our purpose was to search and analyze the level of representation of communities in the local institutions, legal mechanisms that guarantee their rights, challenges in putting the rights of communities into practice, and the political steps that must be taken to achieve so. The methodology is based on quantitative research with 500 (five hundred) respondents in three municipalities: Pristina, Gracanica, and Dragash, where 59% of respondents are male and 41% are female. The results show that about 55% of the communities are somewhat satisfied with the constitutional guarantees, and 38% are represented in the institutional life of Kosovo. Implementing legal mechanisms has allowed the communities to have higher representation at institutional levels and be part of Kosovo society’s integrative processes.

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THE ROLE OF INFORMATION AND COMMUNICATION TECHNOLOGY IN FIGHTING CORRUPTION IN THE JUDICIARY SYSTEM: THE CASE OF 2016 JUDICIAL REFORM IN ALBANIA

Author(s): Bojana Hajdini,Gentian Skara / Language(s): English Issue: 3/2022

Corruption in the judiciary system has been considered by Albanian citizens and international organizations as deeply corrupt. In 2016 Albanian Parliament, supported by the EU and USA, adopted a judiciary reform to increase transparency, accountability, impartiality and citizens’ access to information. One way of preventing corruption and increasing citizens’ access to justice is by using information technology. This paper analyses the role of information and communication technology in preventing corruption in the Albanian judiciary system. The main research question is how and to what extent digitizing the judiciary contributes to preventing corruption in the judiciary system. The paper argues that the use of ICT in the judiciary system has been limited due to several factors, such as lack of legislation on the use of ICT in the judiciary system, absence of a unified automated case management system, lack of appropriate education or training of judiciary staff to use ICT and lack of reinvestments on ICT equipment in courts. The 2016 judicial reform, for the first time, emphasized the importance of digitizing the judiciary system in Albania. The paper concludes that digitizing the judiciary will increase integrity and prevent corruption in the judicial system.

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