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The introductory article defines the conceptual background against which the rest of this special issue, occasioned by the European Court of Human Rights’ (ECtHR) decision in the case of Tothpal and Szabo v. Romania, may be read. It argues that the jurisprudence of the Court should be explored not only within the narrow framework of the courts’ immediate, concrete effects, but also in terms of the social effects they generate at the grassroots level and on a longer term. It also briefly introduces the European Research Council-funded project GRASSROOTSMOBILISE, which has deployed precisely such a perspective in looking at the ECtHR’s religious freedom jurisprudence.
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Prikaz knjige: Nevenka Tromp, Smrt u Hagu - nedovršeno suđenje Slobodanu Miloševiću, University press, Sarajevo, 2019. str. 375
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The Mediterranean migrant crisis is not calming down and in the last six decades the nature and character of these migrations has changed. The authors deal with one of the aspects of their position – detention. This work is divided into several parts. In the first part, the authors explore the problem of the migration crisis. After that, they explain in detail the Article 5 of the European Convention on Human Rights and Fundamental Freedoms. The main part of this work is devoted to the jurisprudence of the European Court of Human Rights related to the migrants‟ detention.
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The application of thermal imaging cameras in crime detection has raised the question of the legality of their use, as well as the procedural value of thus obtained information. With regard to these questions, the standpoint of the U.S. court practice has shown diametrically opposite views. The earlier U.S. courts rulings took the position that the application of thermal imaging cameras was not subject to the fulfillment of any particular conditions and that it was encompassed by police discretionary decisions. The position of later rulings was that the application of new technologies, including thermal imaging cameras, was subject to basic conditions required for searching, i.e. mandatory obtaining of the court order with the purpose of protecting the right to privacy. As the application of thermal imaging cameras in the Republic of Serbia is prescribed neither by laws nor by by-laws, it could be governed by general regulations on the use of technical means in implementing operational tactical measures and actions, as well as gathering of evidence. Therefore, thermal imaging cameras might be used in police actions, such as police observation, covert surveillance and recording. In the course of covert surveillance and recording, as part of the evidence gathering process, the use of thermal imaging cameras would be regulated by the same conditions by which the undertaken actions are regulated. Since the possibility of the application of thermal imaging cameras while performing police observation is not explicitly provided for, dilemmas with regard to their use still remain, as well as the issues concerning their procedural value.
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The article aims at analyzing the concept of justice and equity as fundamental principles of law in general and the civil law in particular, respectively, the law of obligations. The basic idea of this research is to emphasize the role and importance of justice as a special value principle and equity as corrector of the law and its source material. By referring to the function of equity, as a corrective option, namely, the fulfillment of the law, the article tries to prove that equity is an individual case law, because by enabling the judge to implement in any concrete case a form of free and individual trial based on justice it serves to improve what is legally right. Referring to the provisions of the Law on Obligations of the Republic of Macedonia (2001), which promotes the principle of equity and at the same time flexibility in justice, the article attempts to analyze the cases and conditions under which may be acted according to the principle of the equity, depending on the legislator’s conviction. In an effort to incorporate the dimensions of the principle of justice and equity and to build the frameworks upon which these concepts arise, the research will be extended on the time and spatial plan, bringing theoretical and legislative references from comparative theories and legislation.
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The recent Report on Macedonia: Assessment and recommendations of the Senior Experts’ Group on systemic Rule of Law issues 2017, led by Reinhard Priebe and issued on 14 September 2017, notes that there is a need for achieving greater uniformity of court practice. The latter was also noted by the European Union within its latest progress reports on the Republic of Macedonia. Within the process of achieving greater uniformity of court practice, the court practice of the European Court of Human Rights must not be neglected. This was emphasized in the latest European Union reports on the progress of Republic of Macedonia as well. However, the use of the court practice of the European Court of Human Rights by the courts in the Republic of Macedonia is not satisfactory. This paper aims to show that there is a need for symbiosis to be reached between the court practice of the Republic of Macedonia and the court practice of the European Court of Human Rights. This will be done mainly through analysis of the relevant national legal frame. In addition, it will also be shown that uniform court practice that is in compliance with the court practice of the European Court of Human Rights is important not only for the legal security, but also for the Euro-integrative processes of the Republic of Macedonia.
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The Supreme Court of the Republic of Macedonia has a constitutional competence to ensure uniform application of laws by the courts and thus ensure the uniformity of court practice in the Republic of Macedonia. The recent Report on Macedonia: Assessment and recommendations of the Senior Experts’ Group on systemic Rule of Law issues 2017, led by Reinhard Priebe and issued by the European Commission on 14 September 2017 notes the need for achieving a greater uniformity of court practice, emphasizing the role of the Supreme Court of the Republic of Macedonia in that regard. However, the national laws do not always provide for the Supreme Court to exercise its constitutional competence to ensure the uniform application of the laws by the courts and ensure the existence of a uniform court practice. This paper aims at searching a way to strengthen the role of the Supreme Court in ensuring uniform application of laws by the courts. In this regard, a thorough analysis of the relevant national legislation will be conducted. Finally, this paper draws conclusions and recommendation as regards possible solutions to provide for better conditions for the Supreme Court to exercise its constitutional competence to ensure the uniform application of the laws by the courts and thus ensure the existence of a uniform court practice.
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The section contains a selection of the most important decisions of the Romanian Constitutional Court. The decisions are summarized and grouped by law subjects. The Official Gazette in which the decisions have been published is indicated, as well as the contested legislation and the pronounced solutions.
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The section contains a selection of the most important decisions of the European Court of Human Rights. The decisions are summarized and the legislation invoked by the applicants, the rights allegedly violated, the Chamber and the pronounced solutions are indicated.
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The section contains a selection of the most important decisions of the Court of Justice of the European Union. The decisions are summarized and also the type of action, the main provisions invoked, the context, the law issues which have been raised, the conclusion of the case and previous decisions relevant to the case are indicated.
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The case brings into question the conditions under which the court can confirm the debtor's reorganization plan, with special regard to compliance with the legal requirement regarding the viability of the plan, the verification of this condition by the syndic judge being expressly established by the provisions of art. 139 para. 1 bed F of Law no. 85/2014, amended. This, since the verification of the legal condition of the viability of the plan requires the analysis, based on the elements included in the reorganization plan, of its sustainable character from the perspective of the proposed measures.
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The section contains a selection of the most important decisions of the Romanian Constitutional Court. The decisions are summarized and grouped by law subjects. The Official Gazette in which the decisions have been published is indicated, as well as the contested legislation and the pronounced solutions.
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The section contains a selection of the most important decisions of the European Court of Human Rights. The decisions are summarized and the legislation invoked by the applicants, the rights allegedly violated, the Chamber and the pronounced solutions are indicated.
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The section contains a selection of the most important decisions of the Court of Justice of the European Union. The decisions are summarized and also the type of action, the main provisions invoked, the context, the law issues which have been raised, the conclusion of the case and previous decisions relevant to the case are indicated.
More...Comentariu critic asupra Deciziei nr. 2147/17.04.2019
The comment on civil decision no. 2147/14.09.2019 targets the limited role of the court in the actions for stay against the decisions issued by the Competition Council and the breach of such limits.
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The section contains a selection of the most important decisions of the Romanian Constitutional Court. The decisions are summarized and grouped by law subjects. The Official Gazette in which the decisions have been published is indicated, as well as the contested legislation and the pronounced solutions.
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The section contains a selection of the most important decisions of the European Court of Human Rights. The decisions are summarized and the legislation invoked by the applicants, the rights allegedly violated, the Chamber and the pronounced solutions are indicated.
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The section contains a selection of the most important decisions of the Court of Justice of the European Union. The decisions are summarized and also the type of action, the main provisions invoked, the context, the law issues which have been raised, the conclusion of the case and previous decisions relevant to the case are indicated.
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The article is devoted to the theoretical analysis of special courts created in the Third Reich. Their genesis, system, and local and material jurisdiction, as well as proceedings before these courts are discussed. The tasks put before special courts by Nazi lawyers during peace and war are discussed, as well as the historical context associated with them. The study uses historical, and formal-dogmatic methods. The study is based primarily on literature of German provenance and normative acts
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