CEEOL - Browse Subjects Result

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

Polska jako dobro wspólne obywateli a migracje długoterminowe

Author(s): Barbara Kowalczyk / Language(s): Polish Issue: 9.1/2018

According to the Constitution of 1997 the Republic of Poland is a common good of all Polish nationals. Taking into account the increasing scope of rights and freedoms guaranteed to foreigners and permanent approximation of their legal status to citizens’ position the question arises if there is a possibility to include specific groups of foreigners residing on the territory of Poland into the political community. This article aims at answering the question whether such inclusive character of “common good” is acceptable in the light of the Constitution and statutory law. The analysis of relevant provisions reveals that despite a wide range of freedoms and rights, even political ones, foreigners cannot be included into the community. Foreigners are not a subject of elective rights that lead to the full participation in the community which creates the content of common good. Nonetheless, citizens as “hosts of the state” can and should develop the content of common good considering freedoms and human rights of incomers.

More...

Dobro wspólne jako przesłanka materialna proporcjonalności regulacji ograniczających – uwagi na tle polskiej praktyki z elementem zastosowania prawa Unii Europejskiej

Author(s): Marcin Górski / Language(s): Polish Issue: 9.1/2018

Fundamental rights and freedoms of the individuals can be restricted for the sake of protection of certain values which are normative categories. The common interest is sometimes seen as one of the values justifying and legitimizing the restrictions imposed on the sphere of the individual’s freedom. This text attempts to highlight the risk which is generated by application of the normative category of common interest. It can be easily abused due to its definitional incoherence and vagueness.

More...

The Romanian State’s Penal Laws Regarding the Use and Traffic in Drugs

Author(s): Jianu Silvana Raluca / Language(s): English Issue: 1/2006

A common concern exists among peoples of the world regarding the devastating effects of drug abuse and illicit trafficking, which jeopardize the stability of democratic institutions and the well-being ofmankind and which therefore constitute a serious threat to the security and an obstacle to thedevelopment of many countries Drugs problem is the most complex phenomenon of the contemporaryworld, taking into consideration the fact that, annually, millions of dollars and hundreds of thousands ofpeople are caught in the death trap called the use and traffic in drugs.

More...

Prosecuting Crimes against Humanity in Romania: from the Communist Prison Torturers to the Former President

Author(s): Raluka Colojoară / Language(s): English Issue: 9/2018

Judging cases on Crimes against Humanity committed in Romania is a new and not much explored territory for the Romanian Courts. The former Romanian Criminal Code did not explicitly envisage the Crimes against Humanity, and as such, until 2013 the Romanian prosecutors did not seek to try those responsible for committing crimes that fall under this spectrum. The first notable case in this sense is the one of a former prison director of the Râmnicu Sărat prison, that was convicted for the Crime against Humanity of persecution, treatment inflicted on the political prisoners during the communist era. Currently, the former president of Romania, Ion Iliescu, together with others are under trial for crimes against humanity committed during the June 1990 insurrection. The present article proposes and analysis of the Romanian legislation on these crimes as well as the by the courts issued judgements and prosecutors indictments.

More...

The Protection of the Witness as a Risk for the Rights of Defense in the Criminal Procedure

Author(s): Nataša Todorovska / Language(s): English Issue: 8/2017

The necessity of implementation of witness protection system is undisputable given the increasing organized crime and other severe criminal acts being perpetrated in our country as well. This is so owing to the expansion of new, more sophisticated forms of crime, and increasing violence and witness intimidation. Therefore, witness protection is one of the most important instruments for achieving justice in a modern society where many various forms of organized crime occur. The rights of the defense in a situation where guilt is proven through a protected witness are of particular interest in several aspects. First, the source of the threat should be analyzed, further the connection between the witness and the defendant, in the end, the possibility that the witness will be key proof, and the defense does not have the right to object.

More...

Dealing with the Past: Conventional Truth, Inconvenient Truth or Unpopular Truth about Kosovo

Author(s): Besarta Prenga / Language(s): English Issue: 6/2015

This article will address the case of Kosovo on human rights violations during the armed conflict and the consequences as well as the future of the country in human rights protection. The Kosovo war was an armed conflict where many people died, many others were lost and some of them are not found yet. Across the country many survivors of the bloody conflicts still don't know what happened to their missing loved ones. In order to have reconciliation and transition, people should be aware that they need to understand what happened in the past, which is often complex. Every society has the right to know the truth about past events, as well as the motives and the circumstances in which crimes can be committed, in order to prevent repetition of such acts in the future. After providing a brief theoretical frame about truth and reconciliation commissions, the author brings some personal hopes for the future of judicial system in Kosovo.

More...

Victims of Rape in Rwanda and Bosnia and Herzegovina and Transitional Justice

Author(s): Srđan Vidačković / Language(s): English Issue: 5/2014

This paper will try to answer on how transitional justice mechanisms address an issue of rape victims in these two countries. In order to accomplish its aim the paper will be divided in four main parts. First part will be dedicated to the crime of rape during the conflict in Bosnia and Herzegovina. Then, it will proceed with the overview and analysis of transitional justice mechanisms response to the needs of victims of rape. The same pattern will be used for the next two chapters that are related to Rwanda and crime of rape. It would be essential to examine transitional justice mechanisms used to help victims of rape, how those people are integrated into society, how they face trauma, fear, shame and influence of traditionally patriarchal societies and how effective transitional justice in healing their wounds is. Also, this would be a good chance to compare situation in which rape victims are in both countries and to compare used mechanisms. This paper will give an overview and analysis of transitional justice mechanisms used in BiH and Rwanda aiming to show how two different countries are coping with the legacy of recent conflicts and which lessons could be learned.

More...

Human Rights Violation in Kosovo: The Consequences of Kosovo Conflict and the Future of Country

Author(s): Enarda Cuni / Language(s): English Issue: 5/2014

Human rights are basic to humanity. They apply to all people everywhere. An understanding of human rights is important part of our individual status as human beings and of our collective status as members of the global community of humankind. One of the fundamental bedrocks of human rights is the principle that all human beings are born free and equal in dignity and rights. Discrimination and prosecution on the grounds of race and ethnicity are clear violation of this principle. Racial discrimination can take many forms from the most brutal and institutional form of racisms - genocide and apartheid, to more covert forms whereby certain racial and ethnic groups are prevented from enjoying the same civil, political, economic, social and cultural rights as other groups in society. This article will address the case of Kosovo on human rights violation during the armed conflict and its consequences, as well as the future of the country in human rights promotion and protection. Also, the paper will emphasize the recognition of Kosovo as a fundamental right for a state and if this recognition will happen one day in the entire world.

More...

Mechanisms for Guaranteeing Human Rights

Author(s): Cătălina Sărăcuţu / Language(s): English Issue: 5/2014

The mechanisms for guaranteeing human rights should become the most important institutions of international law. The mechanisms to guarantee human rights and protect those rights are very important. If they do not work or are not able to avoid human rights violations we discuss application of punishments. The two works one in continuation of the other. When they reach the application of punishment it is more than evident that mechanisms for safeguarding the rights of men have not functioned properly. International humanitarian law took its modern form after World War II in order to create a deterrent to the repeat of the horrors that took place in the trenches and concentration camps. Important conventions were agreed on including the European convention on Human Rights, the Genocide Convention, the Universal Declaration of Human Rights and the four Geneva Conventions and Additional Protocols (that protect the civilians and victims of war). By including criminal provisions and obligations for nations these also gave strong notions of a development in international criminal law.

More...

The “Right to Return” Viewed by the Macedonian Court System: The Case of N. S. and his Family

Author(s): Mihail Stojanoski / Language(s): English Issue: 3/2012

The “right to return” is protected under the Macedonian Constitution, the UN Universal Declaration and numerous international covenants. However, so far there has been absolutely no precedent on this issue in Macedonian domestic law, and only marginally applicable precedent in the corpus of the European Court of Human Rights. The paper aims to follow the development of the case of N.S. and his family before the Macedonian court system, pending proceedings before the European Court of Human Rights (ECHR). The case refers to a possible violation of Protocol 4 Article 3 of the ECHR committed when the Macedonian government failed to act and as consequence N.S. and his family, Macedonian citizens, were left stranded in the Dominican Republic for four years with no means of getting home.

More...

Cultural Relativism and Human Rights

Author(s): Miloš Bogičević / Language(s): English Issue: 3/2012

The question that I seek to answer is whether cultural relativism about human rights (hereinafter “cultural relativism”) is a view that can give a good account of human rights. I will take cultural relativism to the view that human rights are not universal and that we should act in accordance with the standards set by our own cultures. I will take human rights to be a type of moral claim that an agent holds, a claim that has a corresponding duty that is owed to him/her. Human rights are individual-centered concerns and agents hold these rights in relation to, and sometimes against, the society or state (Donnelly, 1984, p.411). I shall argue that cultural relativism cannot give a good account of human rights understood in this way. This is because when individual human rights are in conflict with the values of a given culture - cultural relativism instructs us to give up individual human rights. In addition, I will argue that cultural relativism suffers from logical inconsistencies because cultural relativists need to resort to non-relative, value based arguments to defend their position.

More...

What is Transitional Justice?

Author(s): Noémie Turgis / Language(s): English Issue: 1/2010

The idea that, to reconstruct a peaceful and stable basis for a society that went through massive violations of human rights, it is necessary to use a form of justice designed to face the past, which is now widely accepted and promoted. The debate on transitional justice has not dried up and remains more than ever a pertinent question. Nonetheless, no formal work has yet been able to precisely define the meaning of the concept. In the following pages, I argue that, keeping in mind the difficulties encountered when coining a definition, it is necessary to define and identify the objectives of such a concept. I however argue that to keep broadening the scope of transitional justice could be dangerous.

More...

Some Aspects of the Genocide Case and the (non)Achievement of Transitional Justice

Author(s): Amina Alijagić / Language(s): English Issue: 1/2010

The focuses of this analysis are the issues regarding the rules of attribution and the legal consequences, both in the light of the Genocide case. From the transitional justice point of view, the judgment was regrettable in that it left thousands of victims without judicial redress and compensation, and this is unfortunate.

More...

Reports on the Transitional Justice Experience in Bosnia and Herzegovina

Author(s): Azra Somun / Language(s): English Issue: 1/2010

15 years have passed since the signing of the 1995 Dayton Peace Agreement which ended the war in the former Yugoslavia. However, the Agreement was not only signed to stop the hostilities, but also to lay down the requirements for a durable peace through, among other things, the process of reconciliation. In order to achieve that goal, different transitional justice mechanisms have been set up. This paper is a short review of the main transitional justice mechanisms put in place in Bosnia, a review that will show the political tensions that are in the background of the process of reconciliation. Thus, the trials, national and international will be analyzed; followed by a description of different truth seeking mechanisms; and finally a quick examination of the vetting process of public officials will be given.

More...

The Right to Education of Persons with Disabilities - A utopia of Romanian Education System

Author(s): Adelina Mihai / Language(s): English Issue: 50/2016

Taking into consideration its applicability along time, we can claim that the right to education was the subject of many controversies, thing which it is not justified if we take into account the legal nature of the concept, that of a fundamental right. From the perspective of disabled persons, the right to education has a complex and relatively complete legal settlement, but regarding its applicability on the national level, there are required certain clarifications which will definitely lead to the improvement of some aspects at the institutional level. To express it more clearly, we consider that these problems of applicability arise due to some economic, psycho-social and educationalinstitutional difficulties. Although the European regulates this fundamental right, yet it places the matter of the right to education of persons with disabilities in the responsibility of national public authorities, granting them the freedom of action and also to manage such delicate situations. Regarding Romania, this freedom of action involves limited material resources, thing which determines the restriction of the right to education for persons with disabilities in the matter of the applicability of the legal provisions on education nationwide. The aim of this article is to elaborate a complex analysis on the right to education of disabled persons on the current Romanian educational system, as well as the way public authorities implement national education law regulation.

More...

The Right to Education for the Persons with Disabilities. Special View on the Romanian Legislation

Author(s): Ramona Duminică,Andra Nicoleta Puran / Language(s): English Issue: 4/2018

The current study starts from the fact that the right to education – a fundamental human right – should be organized in such manner as to ensure equal opportunities for all persons. First of all, it refers to the prohibition of all forms of discrimination. Even though national and international regulations may state this clearly and in both general and specific terms, the right to education and its effective application remains a problem for certain categories of persons. The arbitrary separation of children with disabilities in special schools, the maladjustment of schools generally in meeting the needs of persons with disabilities and even the unavailability of special forms of education, remain realities in some states. In this context, the current study reflects on the way in which the right to education is guaranteed for persons with disabilities, focusing on the Romanian legislation and advocates the inclusive education of these persons.

More...

MANAS DESTANINDA HALK HUKUKU

Author(s): Burcu Sesli / Language(s): Turkish Issue: 41/2019

Every society has rules which are formed by the desire to live together, which are formed by social, cultural, economic, geographical conditions and conditions, and which are developed and changed over time with the effect of belief, which are accepted by every sector living in society, and which contain prohibitions and punishments. These rules, which make the desire of the people to live together safe and systematic, are called “people's law”. These rules, which were initially determined verbally, have been written on the side of the states formed by the society over time. In Turkish society, in time, the rules of faith, culture, traditions, behavior, habits and absolute observance of the “ceremony” is called. The ceremony constituted an important part of the rules of law in the Turkish society, which was initially an oral legal system, and subsequently became a state of State, and it was a source of the rules of written law. These verbal rules, also known as the Turkish people's law, are a system of rules that the Khan dynasty, the state administrators and the people jointly accept, which are superior to the people and the authorities. The changing belief system, changing geography and geopolitical position, the different communities, states and cultures that are connected to it, and even though these rules and laws are changed, it is not hot to change them in general. In this study, the effects, prohibitions and penalties on state administration and social order in the Manas of Turkish folk law, which was formed in pre-Islamic period with an oral tradition, will be determined and examined. This review is limited to the first volume of the work “Eastern Turkestan Kyrgyz variant Manas epic” by Yusuf Mamay.

More...

THE PERFECT SILENCE: AN EMPIRICAL STUDY ON HOW IGNORANCE AND LACK OF CRITICAL DEBATE EFFECT THE PROCESS OF ENACTING TAX LEGISLATION IN SERBIA

Author(s): Svetislav V. Kostić,Danilo Vuković / Language(s): English Issue: 1/2019

In this paper the authors deal with the crucial question of the ability of the Serbian institutions and society to apply adequate scrutiny with respect to the enactment of tax legislation. After providing a description of the current Serbian law-making and public consultations framework, and analyzing the relevance of the transitional nature of the Serbian political environment on the approach to the business of legislating, the authors choose three case studies which lead to the conclusion that it is the lack of even basic knowledge regarding taxation, at the level of the members of parliament and the media, combined with the silence and inertness of Serbian professional circles to participate in public debates on tax policy, that is enabling many questionable norms to enter Serbian legislation without any notable opposition or deliberation. Finally, the authors propose certain measures that could improve the public consultations process.

More...

Putevi i stranputice sudske vlasti u Srbiji

Author(s): Jovica Trkulja / Language(s): Serbian Issue: 1-2/2015

Prikaz / The review of: dr Tatjana R. Kandić, „Sudska vlast u Republici Srbiji", Institut za uporedno pravo i Dosije studio, Beograd, 2015, 311 str.

More...

Ustavnost objektivne odgovornosti izdavača medija

Author(s): Stefan Dušanić / Language(s): Serbian Issue: 1-2/2016

The Law on public information and the media, that came into force on the 5. August 2014, has introduced to the Serbian legal system a strict liability for media owners for damages arising from the publishing of information. By analyzing the relevant domestic, foreign and international regulations, professional literature and judicial practice, the author determines that this form of liability is incompatible with the Constitution of Serbia and the European Convention on Human Rights.

More...