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The power of words — on how the definitions of crimes in international criminal law lie at the crossroads of semiotics and manifest evil

Author(s): Tomasz Iwanek / Language(s): English Issue: 17/2016

Legal language is paradoxical: it is both open to interpretation and strict, often broad in meaning and specific in semantic content at the same time. Moreover, the legal language of criminal law is a reflection of axiological and moral values and assessments. The paper embraces that paradox and discusses two issues that stem from it in relation to international criminal law: the semantic challenges inherent in legal language pertaining to atrocity crimes and the entwined evolution of their criminal legal definitions. Its outset is the realization, that while the application of law by a court is predominantly an linguistic exercise, it must also provide specific, clear and axiologically sound solutions, absolutely necessary in the process of ascertaining the criminal responsibility of the individual. This phenomenon is especially evident in the legal language relating to international crimes, as it faces not only the challenge of being a strict definition of a crime, and thus bound to be clear and precise; it also must contend with the need to express manifest evil, as international crimes are often and rightly viewed as being singular in their heinousness. In eight parts, this article strives to present the challenges and evolution of the aforementioned issues.

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„Dyskryminacja pozytywna” jako przejaw urzeczywistniania zasady sprawiedliwości społecznej

Author(s): Anna Rytel-Warzocha / Language(s): Polish Issue: XXXV/2016

One of the basic principles of a democratic state that has been also expressed in art. 2 of the Polish Constitution is the principle of social justice which sets the standards of a democratic, legal and fair state. It should be noticed that social justice is closely linked to the issue of equality before the law and the problem of discrimination. The article is devoted to legal measures that are undertaken by states in order to secure the constitutional principle of equality by eliminating potential cases of discrimination. The Author has focused on the so-called “positive discrimination” (also referred to as affirmative or compensatory actions). Having recognized the importance of the problem of discrimination against certain groups in the society, EU Member States implement anti-discrimination policies through the adoption of appropriate regulations at the international, transnational and national levels. In addition to general declarations of equality in social, economic and political life, these provisions also introduce specific remedies in order to prevent discrimination against certain groups in the society which by definition are weaker and thus implement the principle of equal treatment. Such specify measures can be found in Poland f. ex. in the provisions of the Labor Code, the law on economic activities or the Electoral Code which proves that compensatory actions under the anti-discrimination policy are used in various fields of social and political life often being perceived as controversial.

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PRAVNA OSOBA (PERSONA FICTA) KAO TITULAR LJUDSKOG PRAVA NA PRIVATNOST – U SLOVENIJI I KOMPARATIVNO

Author(s): Boštjan Tratar / Language(s): Croatian Issue: 2/2017

The right to privacy – representing a delimited sphere and/or space that is not public and where individuals can, without external influences, freely realize their right to form their personality – is one of the most important human rights guaranteed by democratic constitutions to individuals, i.e. natural persons who are, in principle, fundamental holders of human rights. However, at the constitutional level the question arises as to what extent human rights can be extended to legal persons, these being artificial forms created by legal order, in general (the theory of piercing the corporate veil is mentioned in this regard), and as regards the right to privacy in particular. In the article the author presents the case-law of some states on whether or not legal persons are recognized as holders of human rights to privacy and, if so, to what extent, with a special view to the decision of the Slovene Constitutional Court (decision No U-I-40/12), which, along the lines of foreign legal systems, recognizes legal persons’ privacy of communication and privacy of space, although less intensely as individuals’.

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Pogled u tuđe dvorište kroz „polomljeni prozor“

Author(s): Jovan Ćirić / Language(s): Serbian Issue: 1/2011

At the beginning of the 80s two American sociologist launched a theory after which if on one building only one broken window remains unrepaired for a longer time that will be a signal and message which will soon lead to that that also all the other windows are broken, destroyed. It is a signal, a message that the word is about something which is abandoned and rusty, something about which nobody takes care so that there is nobody who would sanction the (petty)-offensive behaviour. The theory of the „broken window“ became soon very popular and from it derived the „strategy of zero tollerance“ after which the police should react very decisively and strictly precisely in the minor violations, like vandalism, graphite-writing, vagabondism, begging, in order to prevent something bigger and more dangerous. Such a strategy of zero tolerance was proclaimed in New York and really, since the mid 90s there is an appreciable decrease of the rate of criminality. However, many critics say that the word is about coincidence, that the strategy of zero tollerance is on the trace of a rightist non democratic politic of treatening of the human rights, and precisely of those marginal citizens which are socially most threatened. The author of this article considers that a consistent application and copying of such a strategy and politic in the Serbian conditions, because of that but also because of many other things would be very problematic, so that he does not plead for its application in Serbia, but he considers that it is useful to „take a look“ into the „extraneous yard“ now and then and to perceive how and what is done in other societes also on the field of struggle against crminality. Jovan Ćirić considers that that does not have to mean a non-critical transcription of foreign solutions, but it can be very useful. The Institute of comparative law has precisely been doing this in all its 55 years, above all through its Journal „Foreign Legal Life“ it perceives the experiences of others, it looks into the extraneous yard in different ways, also through a broken window.

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Анализа / мислења: Предлог- закон за антидискриминација

Author(s): Author Not Specified / Language(s): Macedonian Issue: 3/2009

The Republic of Macedonia is located before the adoption of a law for the prevention and protection against discrimination. In order to inform the expert and the general public about the proposed legal framework in detail, in the section: Analysis, various numbers of opinions and opinions regarding the Draft-law on Protection against Discrimination are given for this issue by official government officials, so and representatives of civic associations in Macedonia.

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ПСИХОПАТИЧНИ СЛУЧАЈЕВИ ПРЕД НАШИМ СУДОВИМА

Author(s): M.V. Vasić / Language(s): Serbian Issue: 2/2017

Са задовољством ће се из овога рада увидети, да су и наши судови почели, од пре неког кратког времена, обраћати пажњу и на кривца, а не само кривицу, као што је то, до модернога доба, на штету правде било.

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Pravednost ili Fairness. Država u građanskom društvu

Author(s): Birger P. Priddat / Language(s): Serbian Issue: 60.6/2000

Pravda kao pravednost, fairness, tako glasi predlog Džona Rolsa za revidiranje teorija pravde. Već u samom naslovu sukobljavaju se dve dimenzije: razlika između pravednog i fer kao razlika između kulturno različitih institucija pravde, evropskih i američkih, razlika između stare i nove pravde, kakva se može sresti u raspravama o "trećem putu” i reformama obrazaca socijalne države.[...]

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Profesorowi Januszowi Sondlowi (1937–2017) in memoriam

Author(s): Łukasz Marzec / Language(s): Polish Issue: 3/2017

Professor Janusz Sondel (1937–2017), a renowned Polish researcher in Roman law, passed away on 12th of September 2017, at the age of 80 years, while still active in research. Janusz Sondel was born on 30th of April 1937 in Lwów. At the age of 20 he completed his legal education in Kraków. He started his academic career as Wacław Osuchowski`s assistant. He obtained his doctoral degree on the basis of studies of depositum irregulare in 1964. Eight years later he became a habilitated doctor after having published his work on precarium. The Council of the State granted him the title of Professor. During sixty years of his scientific work, Janusz Sondel wrote several books and countless papers. He also wrote the monumental Latin to Polish dictionary for lawyers and historians, as well as the great Dictionary of the history and tradition of the Jagiellonian University in Kraków. This paper briefly presents the major areas of his work.

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Skutki prawne naruszenia zasady partycypacji społecznej w rewitalizacji. Wykładnia przepisów ustawy i analiza orzecznictwa

Author(s): Jakub H. Szlachetko / Language(s): Polish Issue: 3.3/2018

The Act of 9th October 2015 on revitalization sets out the principles and procedures for the preparation, conduct and evaluation of revitalization. Among the principles of revitalization, legal norms of particular importance for the process of interpretation and application of this law mention the principle of social participation. According to the aforementioned provision the municipal authorities perform public tasks in the area of revitalization: „with the active participation of stakeholders at every stage (social participation)”. This is one of several legal principles expressed expressis verbis in this legislative act. The principle of social participation means the need to allow residents to participate in revitalization. The authorities of the municipality can do this in various forms (eg social consultations, revitalization committees). The author of the article is interpreting the provisions of the Act on revitalization, other laws, as well as judicial decisions to determine the legal consequences of violating the principle of social participation in revitalization.

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Article 41 of the Italian Constitution and the Italian Model of Corporate Social Responsibility

Author(s): Paolo Ricci / Language(s): English Issue: 3/2011

Article 41 of the Italian Constitution is composed of three important provisions: the first one establishes the principle of free economic activity, the second one is about its limitations while the third one sets out the way public intervention – seen as necessary to the direction and co-ordination of economic activity – may take place. A proposal for reforming is possible in the new economy to achieve a CSR model.

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The Happiness and the Right to Health

Author(s): Cristina Teodora Pop / Language(s): English Issue: 07/2015

The right to happiness implies also the fact that the right to protection of health should be assured, as being a fundamental right stipulated in both the Romanian Constitution and the main international and European acts that Romania is part of. A form to guarantee this right at the level of each country is the one realized through the means of the criminal law. In this purpose, the analysis of the particularities of the infringements against life and of the ones against health is more than important. Having as a reference point the right to happiness, the present article focuses on some of the new infringements, which were introduced in the Romanian legislation by the New Criminal Code, entered into force on the 1st of February 2014, namely the ones that protect the social relations concerning the beginning and the end of life.

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Утицај законоправила Светог Саве на регулисање односа будућих брачних супружника у средњoвјековној српској држави

Author(s): Stanka Stjepanović / Language(s): Serbian Issue: 2/2011

By including translated Slavic text of Prohiron into Nomocanon, Saint Sava helped instill civil law (Greco-Roman) into the very foundations of Nemanjic state and raise awareness among the population of engagement (obručenje) as an essential component of the family and state. Saint Sava disseminated transcripts of Nomocanon which epilogue stated that each archbishop, presbyter and teacher is bound to know the Nomocanon and to teach it to others. He succedeed in making the Nomocanon widely accepted, so that the existing customs were gradually superseded. Thus, the Nomocanon of Saint Sava became foundation for civil and canon law of medieval Serbian state. The author strongly believes that it is an unfortunate mistake that in the past two centuries this unique legal transplant was insufficiently studied. Dusan’s Code makes mention of marriage on only three occasions in Articles 2, 3 and 9 which suggests that he did not feel marital law should be regulated by new provisions. Instead, he accepted the provisions about marriage made by the Byzantine Tzars and incorporated into Nomocanon of Saint Sava. This is also indicated by the occurence of transcripts of Nomocanon of Saint Sava following the adoption of Dusan’s Code, such as Sarajevo, Belgrade, Hilandar and Moraca transcripts. The very Serbian civil code adopted in 1844 cited the Book of Kormchy.

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Заштита мањина у оквиру Савјета Европе

Author(s): Dubravka Husić / Language(s): Serbian Issue: 1/2010

Protection of minorities (the recognition and preservation of minority rights) is one of the challenges facing the modern international law. Successful resolution of this issue significantly supports the stability in some area, region and the stability of international relations in general. Protection of minorities occupies an important place in activities of European organizations, especially the Council of Europe. The author presented the system of minority protection implemented within the organization by means of an analysis of individual decisions of the European Commission of Human Rights, and the European Court of Human Rights in Strasbourg, and an analysis of contents of documents on minority protection adopted under the aus-pices of the Council of Europe (European Charter of Regional and Minority Languages, the Framework Convention for the Protection of National Minorities).

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DU CONFLIT SALARIES – EMPLOYEUR VERS LA CITOYENETE D’ENTREPRISE. LE MODELE FRANÇAIS

Author(s): Dana Volosevici / Language(s): French Issue: 1/2017

L’exemple français de réglementation de la relation salarié – société employeur permet l’identification du repositionnement et du redimensionnement des parties, à la recherche d’un équilibre social. Le conflit est désormais transformé dans participation ce qui conduit, à travers des reformes législatives progressives, à une intégration complexe des salaries à tous les niveaux de la société. Dans le cadre de la citoyenneté de l’entreprise celle-ci devient non seulement un espace de travail, mais aussi une source d’investissement et même d’une certaine stabilité pour les salariés pendant les crises économiques.

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PROCEDURAL LAW ASPECTS REGARDING PERSONAL DATA ITEMS. ABSENCE OF DISCRIMINATION

Author(s): Dragos Lucian Radulescu / Language(s): English Issue: 2/2018

The concept of discrimination is based on facts which seek to establish differences in the fundamental rights of individuals, in conditions of non-compliance with equal legal treatment, in the presence of comparable legal situations.By extension, the free access of any persons to information of public interest is specified, as one of the fundamental principles applicable to legal relations between persons and public authorities, within the provisions of Law no. 544/2001 on the free access to information of public interest. With regard to the provisions of Regulation no. 679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the protection of individuals aims at recognizing a fundamental right recovered including in the Charter of Fundamental Rights of the European Union and in the Treaty on the Functioning of the Union European Union, in order to respect fundamental rights and freedoms and to establish an area of freedom, security and justice.These concepts are subject to different legal situations, the article detailing aspects relating to the means of protection afforded to the rights of individuals, the modalities of enforcement, and the possible effects of judicial practice.

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ON THE APPARENT DISAPPEARANCE OF THE CIVIL LAW MULTICULTURALISM IN ROMANIA

Author(s): Silviu Dorin Şchiopu,Maria-Magdalena Cardis / Language(s): English Issue: 2/2016

Civil law has always been considered as being the common law, regardless of where its regulations were applied. However, in Romania, civil law was not „common” for a certain amount of time following the Great Unification, as it had specific elements depending on the historical province it belonged to. As a result, the law was multicultural. Nowadays, we have a common civil law which it’s supposed to be national and unified, but still remains multicultural.

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SOME CONSIDERATIONS ON THE PUBLIC-POLICY EXCEPTION PROVIDED IN ARTICLE 35 OF REGULATION (EU) No 650/2012 AND ITS IMPACT ON THE FORCED HEIRSHIP

Author(s): Silviu Dorin Şchiopu,Maria-Magdalena Bârsan / Language(s): English Issue: 2/2016

Nowadays, Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 governs the applicable law in matters of succession throughout most of the European Union. For a better understanding of how this regulation applies to the institution of forced heirship in a legal multicultural environment, this short overview attempts, on the one hand, to examine the notion of public-policy in the light of the civil legislation and the European private international law, and, on the other hand, to highlight its impact on the forced heirship interpreted as meaning that the application of a rule of the law determined by this Regulation can be considered to be contrary to the public policy of the forum on the sole ground that its clauses regarding the reserved portion of an estate differ from those in force in the forum.

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БРАНД-СТРАТЕГИЯ И КОМУНИКАЦИОНЕН МЕНИДЖМЪНТ НА ОКРЪЖЕН СЪД – БУРГАС И РАЙОНЕН СЪД – БУРГАС

Author(s): Sonya Gancheva Ignatova / Language(s): Bulgarian Issue: X/2019

Brand-strategy and communication management implemented by the District and Regional Court in Bourgas in the period 2018 - 2019, builds the relations between the two courts with the citizens, the users of judicial services as well as the participants in the court processes. This will be the subject of this study. The measures that the two judicial institutions implement in their work are being monitored to improve communication and create a "brand vision". Is the scientific problem examined, is the court transformed as a "brand" in the mind of society. Do the two courts manage to create a „brand identity“ that is at the core of management, through dialogue and communication with target audiences.

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Культурологічні фактори та природа конституцій: історія та сучасність

Author(s): Dmуtro Nikolaevich Belov,Bogdana Bogdanivna Shandra / Language(s): Ukrainian Issue: 3/2019

The purpose of the article. The purpose of the article is to find out the place and role of culture in the process of forming the foundations of constitutionalism in the state, and in particular the Constitution as the Basic Law of the state. The methodological basis is the post-positivist methodology of research into the problems of contemporary Ukrainian constitutionalism, which is an orderly system of mutually agreed ideological principles and methods that allow to study comprehensively and comprehensively the legal properties of constitutionalism and to determine the essence and content of legal links between its basic elements. The scientific novelty is that the work is a comprehensive scientific study of modern Ukrainian science, which substantiates a comprehensive scientific theory of cultural factors in the Basic Law, designed to understand and explain the science of constitutional law based on certain conceptual foundations. Conclusions. It is the Constitution that determines the formation and development of the legal culture in the state. Therefore, we must follow the rule: what are the Constitution of the country and its legal culture. In addition, we believe that, unfortunately, the constitutional process is too politicized today. In our view, the fiercest political struggle to adopt a form of constitution suitable for one party is ongoing. And in fact - for power - everyone wants the maximum of power. Including through its own Constitution, which was somehow implemented. However, the Basic Law must be adopted not for reasons of political expediency, but to be a fully legally valid document, taking into account the achievements of world law, with the strictest adherence to all legal procedures. After all, the constitution should be the main document of the state for at least a decade.

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Забезпечення культурних потреб національних меншин у Словацькій Республіці (частина І: нормативно-правова база)

Author(s): Tetyana Viktorivna Filina / Language(s): Ukrainian Issue: 3/2019

The purpose of the article is to analyze the current state of national minorities‘ rights ensuring in the Slovak Republic. The methodology of the study is interdisciplinary combining analysis and synthesis, description, regulatory analytical research. Scientific novelty of the received results lies in the complex analysis of legislation ensuring national minorities and ethnic groups' rights in the Slovak Republic. Conclusions. Slovak Republic legislation on national minorities' rights are based on the UN, European Council and OSCE documents. Basic national minorities' rights are enshrined in the Constitution and the laws of the Slovak Republic. All the citizens of the Slovak Republic have the same rights regardless of nationality. The government provides comprehensive support to the development of the material and spiritual culture of national minorities. So Slovak Republic citizens that belong to national minorities and ethnic groups enjoy the opportunity to develop their material and spiritual culture, exercise state-guaranteed rights and bring to life opportunities provided by the legislation of Slovak Republic.

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