ACCES DES SALARIES AUX INFORMATIONS CONCERNANT LA SOCIÉTÉ - EMPLOYEUR – FORME DE LA CITOYENNETE DE L’ENTREPRISE. ETUDE COMPARATIVE, DROIT FRANÇAIS – DROIT ROUMAIN

Author(s): Volosevici Dana / Language(s): French / Issue: 1/2016

La participation des salariés à la vie de la société- employeur, au-delà de la simple prestationdes tâches spécifiques à leur fonction, devrait assurer une diminution de la distance entre les intérêts desdeux éléments – les salaries (labor) et investisseurs (societas), en vue d’atteindre un certain degré demoral(ité) dans le capitalisme. L’article fait une analyse technique les dispositions par lesquelles lessalaries acquièrent le droit d’être informés et consultés relativement à l’organisation et le fonctionnementde la société.

Accessorial Liability in Common Law: A Critical Analysis

Author(s): Fernanda Florentino Fernandez Jankov / Language(s): Serbian / Publication Year: 0

In this work it is analyzed an interesting institute of American criminal law and that is accessory liability. This institute, besides else, stays in a very interesting relation with the doctrine of so called joint criminal enterprise. That relation is not so clear, and the author points out some problems in that relation. The author also makes an analyze of some cases of accessory liability.

Accommodating Social Justice into Transitional Justice Mechanisms. The Case of Northern Uganda

Author(s): Andreea Cristina Nowak / Language(s): English / Issue: 1/2010

This article advances the idea that post-conflict societies encounter a twofold challenge in the transitional context; the first challenge is the past – how to heal the wounds, whilst the second challenge is to look forward and provide solutions for a sustainable future, where human rights are promoted and respected. I argue that the complex legal, political, economic and social situation in northern Uganda requires the reconciliation between past, present and future, by merging transitional justice (pastoriented) with economic and social justice (future-oriented), so as to meet the victims‘ needs and in the same time secure a stable transitional regime. The first section of the article will deal with the interplay between conflict and poverty in Uganda and the governmental measures taken in this regard. The following two sections will briefly examine the various transitional justice mechanisms employed here as well as the unfortunate situation relating to socio-economic rights. Based on the arguments advanced in the previous sections, the final part outlines some measures to accommodate economic and social rights within transitional justice mechanisms, suggesting that the later must be part of a broader set of policies for socioeconomic development and reconciliation.

ACCUEIL DES USAGERS DANS LA FONCTION PUBLIQUE AFRICAINE: UN ESSAI DE MODELISATION PAR LE RESPECT ET L’EMPATHIE POUR L’EFFICACITE PUBLIQUE EN CONTEXTE CAMEROUNAIS

Author(s): Mendomo Mireille Bityé / Language(s): French / Issue: 2 (47)/2020

User Reception is now part of the new language codes for public innovation.The purpose of the article is to examine the contribution of the reception of the users on themanagerial efficiency of the Cameroonian administrations. Our theoretical construct isinspired by both the work of Bitner & Booms (1981), the analytical framework of theMarianne Referential (SGMAP, 2013-2016) and the OQM1 model (Provencher, 2008). Theborrowed methodological framework combines complementary qualitative and quantitativeapproaches. The results reveal that the "Respect" and "Empathy" dimensions modeled inresearch are levers of public efficiency in the Cameroonian sphere. An evaluation of theHome tool is proposed in the search for the optimization of the quality of services inCameroon and more broadly, the African context.

Activitatea lui Gheorghe Sofronie ca profesor de drept internațional în cadrul facultății de drept orădene, în perioada interbelică

Author(s): Simina Ioana Goia / Language(s): Romanian / Issue: 1/2020

The functioning of the Faculty of Law in Oradea, between 1920-1934, left its mark on the existing cultural life in Bihor County. Among the personalities of the interwar Years, personalities who maintained the image of the University at a remarkable level -as being a genuine fountain of local and national culture- was also Gheorghe Sofronie.

Actual Legal Aspects of the Referencing and Indexing of Scientific Publications in Bulgaria

Author(s): Darina Dimitrova / Language(s): English / Publication Year: 0

This paper examines the indexation of scientific publications in the context of the requirements of the digital society. The process is examined in terms of the interconnection development of the academic staff and the necessity of dissemination of scientific works through publication in referenced and indexed editions. The emphasis is on legal publications, which are examined in comparison to other scientific publications. On the basis of this analysis the author makes conclusions, generalisations and practical recommendations.

Actualitatea gândirii sociale și juridice eminesciene. 30 de ani de la moartea lui Mihai Eminescu (1850–1889)

Author(s): Mircea Dutu / Language(s): Romanian / Issue: 2/2019

Commemorating 130 years since the death of Mihai Eminescu (January 15th, 1850 – June 15th, 1889), „the most complete man of Romanian culture”, is the pretext and the context of a reevaluation and supplementation for the way we value the inheritance of his opus, from the perspective of the ideas expressed therein, including in the fields of sociology and of law. In the latter perspective, in Eminescu’s conception, law was „a science, even a complicated one”, meaning the final rationale and the supreme guarantee of the independence of justice. His conception, according to which the scientific nature of (applying) law involves its orientation towards the mode of school and case law specific to Roman law, in view of identifying legal relations within the social reality, belongs to the Historical School of Law, founded by Savigny. His conclusions, in this aspect, could be considered as a starting point for a (theoretical) re-foundation of the law fit for a modern Romanian society, and they complete the German dimension of the traditions of Romanian legal culture, as a culture of synthesis and „European intersection”, born between the two world wars. Eminescu appears as a precursor of German influence in the Romanian science of law, and through this, of the Bukovinan school of law, whose traditions are to be correctly reevaluated and exploited today, celebrating the centenary. Thus, a new scientific research project is about to begin, from the perspective of the juridical relevance of Eminescu’s German manuscripts.

Administracja. Prawo administracyjne. Część ogólna

Author(s): / Language(s): Polish

The monograph entitled Administration. Administrative law. General part presents the issues pertaining to the general part of administrative law in plain, clear language. The book’s content is divided into five parts. Part One deals with the peculiarities of administration in a free, democratic welfare state under the rule of law. Part Two presentsmajor issues related to administration understood as a function of the state which is regulated by law. Part Three of the publication, in turn, discusses particular forms of administrative actions, whereas Part Four – the relationships regulated by administrative law. The concluding Part Five of the monograph concerns the responsibility borne by public administration and its bodies.As an academic textbook this publication is aimed at students of law and administration, as well as articled clerks, but it may also be of use to legal practitioners. This publication constitutes a substantial contribution in the discussion about directions of changes in public administration that have been taking place since the year 1990, when Poland’s political system was transformed thereby restoring local selfgovernment.The latter, as a basic form of centralized public administration, functions as an important school of democracy and empowerment of local communities. Both the Editors and the Contributors of this publication are outstanding experts in the field as well as experienced practitioners, which translates into high intellectual value of their studies included in the book.

ADMINISTRATIVE REFORM AND DEBATES OVER PUBLIC AGENCIES’ ROLE IN SERBIA

Author(s): Marko Milenković,Miloš Milenković / Language(s): English / Issue: 3/2013

Over the past 10 years, there has been a proliferation of agencies in the Serbian public sector with varying degrees of independence and delegation by the government. Agencification in Serbia has been rarely discussed in scholarship, and in most recent public debates it is often criticized as being “an unnecessary budgetary burden”, a “grave threat to democracy” and the “party-based atomization of state administration”. In the context in which Serbia is in need of a larger government in order to consolidate democracy, improve respect for human rights and enhance economic development, the agencies have also become collateral public damage from the mantra of the ‘requirement to save’. Having in mind that Serbian economic and political development over the past decades has been more than troublesome, this article looks into the public perception of agencification and related political debates, including some policy proposals. The article offers preliminary explanations of possible causes of the specific perception of agencies in the Serbian public, as well as an account of the consequences of current perceptions of agencification. Special emphasis is put on the de-legitimization of the authority of scientific knowledge in society.

Advance Will: Ensuring the Right to Autonomy for People with Mental Disabilities

Author(s): Milda Žaliauskaitė / Language(s): English / Issue: 2/2019

People with chronic mental illnesses (e.g. bipolar disorder, schizophrenia, dementia, etc.) find it hard to maintain normal and independent everyday life. Due to these illnesses, people usually lose competence to make autonomous decisions about their treatment. However, in some cases those people are still competent to make reasonable decisions before the times of relapse or at the early stage of disease. As a possible solution, some jurisdictions offer instruments to express a patient’s will in advance (e. g. advance directives), where mentally ill patients may state their treatment and care preferences for the future time of incompetency. Although there is a lot of criticism presented by the scholars, legal instruments based on advance will may undoubtedly contribute to ensuring mentally disabled patients’ fundamental rights and quality of life. Therefore, this article will include an introduction of advance directives, the advantages this tool represents and discuss main regulation challenges.

Adwokat jako reprezentant zobowiązanego w administracyjnym postępowaniu egzakucyjnym

Author(s): Bogna Wach / Language(s): Polish / Issue: 2/2017

The aim of this paper is to highland an issue participation of attorney to enforcement of proceedings in administration. The polish act on enforcement proceeding in administration does not explicit participate of professional representative on the part of obliged on proceedings. Enforcement measures monetary and non- monetary obligation are very complicated and complex issue for obliged. Strengthen efforts to ensure adequate legal aidare necessary to ensure the protection of obliged interests and rights.

Age Discrimination in Employment: Unanswered Questions?

Author(s): Diane Ryland / Language(s): English / Issue: 4/2010

Agencja Praw Podstawowych Unii Europejskiej. O najnowszym pomyśle inżynierii społecznej

Author(s): Maciej Brachowicz / Language(s): Polish / Issue: 2/2006

Aggressive Judicial Review, Political Ideology, and the Rule of Law

Author(s): Eric J. Segall / Language(s): English / Issue: 79/2019

For over one-hundred and fifty years, the United States Supreme Court has been the most powerful judicial body in the world with life-tenured judges consistently invalidating state and federal laws without clear support in constitutional text or history. This paper focuses on what should be the appropriate role of life-tenured, unelected federal judges in the American system of separation of powers. The tension is between wanting judges to enforce the supreme law of the Constitution while at the same time keeping judges within their assigned roles of enforcing not making the law. Much of constitutional scholarship in the United States is devoted to resolving this tension. This article argues that the Court should take a set back and defer more to elected leaders and voters. Although structural reform might help, most needed changes would require a constitutional amendment and are therefore unlikely to occur. The Justices should take it upon themselves to act with more humility and modesty and only overturn laws where there is strong evidence of clear constitutional error.

Aktualność debaty na temat koncepcji odpowiedzialności za ochronę

Author(s): Paulina Zajadło-Węglarz / Language(s): Polish / Issue: XXXVIII/2017

In the current debate about the European Court of Human Rights and in the face of the growing criticism towards its case law the issues of clarifying the meaning and the foundations of its legitimacy are becoming increasingly important.Although the basic normative source of the ECtHR legitimacy stems from the prestigiousEuropean Convention of Human Right adopted in 1950, a large part of the legitimacy seems to be the outcome of the Courts’ own activity, which includes, inter alia, the so called diplomacy of human rights. The important role is also played by the process of constitutionalisation under which the Court is credited with the power to issue the constitutional and principled judgements on human rights standards in Europe.It should be clearly stated that the system of the ECHR and the case law of the StrasbourgCourt constitute an important achievement in the European culture based on respect for human rights. The issue of the legitimacy of the ECHR seen in this perspective gains its proper dimension. Therefore, in the face of growing criticism of the Strasbourg case, the ECHR should bow to political pressures if it is to derive a significant part of their legitimacy from the status of a moral compass of Europe. It should be remembered that the strong Court’s legitimacy is an important condition for the accomplishment in the longterm perspective by the Court its mission to fulfill the spirit of the Convention ensuring the full respect for human rights in Europe.

Aktualność wartości chronionych przez konstytucję z 1997 r.

Author(s): Hanna Suchocka / Language(s): Polish / Issue: XL/2018

AKTUELNA PROBLEMATIKA U PROGRAMIRANJU I IZVOĐENJU NASTAVE ZA EDUKACIJU I OSPOSOBLJAVANJE BUDUĆIH DIPLOMIRANIH PRAVNIKA U PROCESU OSAVREMENJAVANJA UNIVERZITETA

Author(s): Senad Džinić / Language(s): Serbian / Issue: 06/2015

Author of the paper analyzes the critical access issues and perspectives of science education system with special emphasis on the Faculty of Law, as well as the personnel policy in the judiciary and in the universities in the Republic of Serbia. In this connection, the author points out problems that arise in the design and implementation of curricula of law schools, insisting on application skills, a larger number of hours of practical training and mandatory cooperation between law schools with the courts, prosecution, companies and similar institutions. In the second part, the author deals with the issue of personnel policy in the judicial system of the Republic of Serbia. Accordingly the author gives suggestions for solving numerous problems which were pointed out in the paper.

Aktuelni problemi abortusa, prenatalnog genetskog testiranja i upravljanja trudnoćom

Author(s): Vesna Klajn Tatić / Language(s): Serbian / Issue: 1/2011

Current ethical and legal issues with regard to abortion, prenatal genetic testing and managing pregnancy are discussed in this paper. These problems are considered from the legal theory point of view as well as from the standpoint of the Serbian Law, the European Convention for the Protection of Human Rights and Fundamental Freedoms, European Court of Human Rights, legal regulations of several EU countries, the USA, Japan, and their judicial practice. First, the pregnancy termination standards that exist in Serbia are introduced. Then the following issues are explained separately: the pro life and pro choice approaches to abortion; abortion according to the legal approach as a way of survival; the moral and legal status of the fetus; prenatal genetic testing, and finally matters regarding managing pregnancy today.Moral and legal principals of autonomy, namely freedom of choice of the individual, privacy and self-determination give women the right to terminate unwanted pregnancies. In addition, the basic question is whether the right of the woman to abortion clashes with the rights of others. Firstly, with the right of the "fetus to life". Secondly, with the right of the state to intervene in the interest of protecting "the life of the fetus". Third, with the rights of the woman’s partner. The fetus has the moral right to life, but less in relation to the same right of the woman as well as in relation to her right to control her life and her physical and moral integrity. On the other hand, the value of the life of the fetus increases morally and legally with the maturity of gestation; from the third trimester, the interest of the state prevails in the protection of the "life of the fetus" except when the life or health of the pregnant woman are at risk. As regards the rights of the woman’s partner, namely the husband’s opinion, there is no legal significance. The law does not request his participation in the decision on abortion because the decision is exclusively brought by the pregnant woman.Critics of prenatal genetic testing claim that the woman’s autonomous choice is seriously prejudiced, as the women are pressured first with genetic testing and then with abortion, if the test is positive. However, there are views that many parents are left to bring their decisions in a vacuum because the physicians do not discuss all possible available options with them out of fear that they will be perceived as orders. Genetic counseling has an aim to facilitate informed reproductive decisions. Rigid application of policies on non-directive genetic counseling make pregnant women and families unaware of the nature and consequences of the genetic state which could affect the future child. If the real goal is an informed choice then it is the obligation of the physician-specialist to inform the parents with the facts and familiarize them with the true state. Managing pregnancies today medicalizes and pathologizes all pregnancies, and not only the risky ones. Since these techniques are becoming a routine part of medicalized pregnancy managing, pregnant women find it difficult to resist undertaking such technologies or to refuse them. Thus the question on how much these technologies offer sensible choices is imposed. Generally speaking, it is stated that women are becoming observers rather than active participants in giving birth to a new life. Attempts of legal control over a pregnant woman for the protection of "the life of the fetus" violate the woman’s human rights in democratic societies.

Aktywność organizacji pozarządowych w polskich sądach niepolegająca na udziale w postępowaniach

Author(s): Bartosz Pilitowski / Language(s): Polish / Issue: 21/2016

Non-Governmental Organisations in Poland show wide interest in the justice system. Their actions are not limited to litigation. This paper outlines the typology of activities performed by NGOs in courts or closely related to courts, other than taking part in court or executive proceedings. Two main groups of actions are researched court monitoring and assistance to clients of the justice system. On the ground, Polish examples include in-court monitoring performed with the use of observers and other methods of information gathering. The civic court monitoring programme is comprehensive with more than 2,000 voluntary observers participating since 2010. In the field of legal aid, NGOs run several hundred centers where legal advice is provided pro bono.

Allah Hakkı ve Kul Hakkı Arasında Hanefi Ceza Hukukunun Kamusallığı

Author(s): Muharrem Midilli / Language(s): Turkish / Issue: 1/2017

Modern criminal law is generally regarded as a public domain because it primarily aims at protecting general interests and has dominant vertical relationships between public institutions and the individual. This understanding corresponds to a certain extent in the Hanafi criminal law. According to Hanafi jurists, the fixed penalties such as adultery, theft, and drinking wine/getting drunk are applied only to the benefit of all people. The fixed penalty for the false accusation of adultery and the retaliation (kısas) protect the benefit of all people, as well as the the interests of individuals. The public authority is able to impose discretionary chastisements (ta´zîr) and administrative punishments (siyâsa) for the benefit of the society. It is his responsibility to investigate crimes, to prosecute suspects and to impose punishments. In all these steps, vertical relations are formed between the public authority and the perpetrator. On the other hand, the Hanafi criminal law has unique features such as the determination of public interests by the Lawgiver and the penalties imposed directly on behalf of individuals.