Uzaktan çalışmanın iş güvencesizliğine etkisinde iş-yaşam dengesi ve psikolojik güvenliğin düzenleyici-aracılık rolü

Author(s): Orkun Demirbag,Hale Cide Demir,Uğur Yozgat / Language(s): Turkish Issue: 1/2021

Remote work, which was seen as a fashionable word in the pre-Covid-19 periods, has been the main focus of their lives as a flexible working arrangement, which has been introduced as the "new normal" that millions of employees had to pass overnight since March 2020, and employees must adapt quickly. People who work in the uncertain and chaotic environment created by the epidemic are faced with increasing levels of job insecurity, which indicates not only the loss of one's job but also the loss of various job characteristics that they want to protect with remote working arrangements. In this direction, event systems, boundary and conservation of resource theories constitute the theoretical background of the study. This study, based on the relevant theories, examines the moderating role of work-life balance and the mediating role of psychological security in the effect of remote work effectiveness on job insecurity. As a result of the survey study, 444 white-collar employees from the service and manufacturing sector have shown that they have psychological security mediating role in the relationship between remote work efficiency and job insecurity, and that the work-life balance has a moderator role on the relationship between remote work effectiveness and psychological security. Finally, the psychological security mediation model has also yielded meaningful results; The relationship between remote work effectiveness and job insecurity, mediated by psychological security, was found to be significant in the condition of work-life balance.

Criminalizing Cybercrimes: Italian and Polish Experiences

Author(s): Wojciech Filipkowski,Lorenzo Picarella / Language(s): English Issue: 3/2021

The rapidly advancing development of technology has both positive and negative effects on society and its members. Moreover, legislation can be slow to catch up with reality. This also applies to any reaction of society to new forms of social deviance. There is typically a delay in the introduction of legislation which tries to give a legal framework to new technological developments. The authors have taken an exploratory approach, analysing changes in Italian and Polish penal law relating to cybercrime that have occurred in Italy and Poland so far. The timeline, pace, and scope of the processes of criminalization are presented for each country. Even though both legislators had and have the same goal, differences in the approach to achieving it are visible. The conclusions may lead to changes in the penal policies of both countries.

6th Competition Law and Policy Conference in Memory of Dr. Vedran Šoljan – ‘Challenges to the Enforcement of Competition Rules in Central and Eastern Europe’ & ‘Competition Policy Enforcement in Digital Economy: Recent Developments’

Author(s): Vlatka Butorac Malnar,Jasminka Pecotić Kaufman / Language(s): English Issue: 22/2020

The 6th Competition Law and Policy Conference in Memory of Dr. Vedran Šoljan, co-organised by the University of Zagreb – Faculty of Economics and Business (EFZG), the Croatian Competition Agency (AZTN), the Croatian Competition Law and Policy Association (HDPPTN) and the European Documentation Centre EFZG, was held in Zagreb on 12–13 December 2019. A conference devoted to competition law and policy developments in Croatia, the wider CEE region and the EU as a whole, started off in 2009 as a small scale event aimed at presenting the results of an EU merger control reform project, led initially by Professor Vedran Šoljan (University of Zagreb), and continued on by Professor Jasminka Pecotić Kaufman (University of Zagreb) after his untimely death in 2008. Eventually, the Conference evolved into a large-scale event, and a tribute to the late Professor Šoljan, gathering around 150 participants from Croatia and abroad.

Axiology of Administrative Discretion (gyōsei sairyō) as Well as Administrative Guidance (gyōsei shidō) in Japan from the Perspective of Judicial Control

Author(s): Hiroshi Kaneko / Language(s): English Issue: 3/2020

In Japan, the Court often examines the technical aspects of administrative discretion if there was a proper decision-making process. Such control could rely too much upon each judges’ viewpoint, which elements in the whole process of administrative discretion have critical gravity to evaluate (kōryo kachi). The pre-war legal scholars suggested the best way to increase judicial protection on the citizens’ rights endangered by administrative discretion. The need to establish robust legal theory based on it the Court guarantees the balance between smooth enactment of administrative measures and maintenance of social justice is still enormous. Administrative guidance was, for a long time, out of the scope of judicial control. This institution is Japan’s original so that its implication well exceeds the standard understanding of mere instruction in other legal cultures. The Japanese Court acknowledges the existence of “forced consent” behind it more frequently in recent years.

SLOBODA IZRAŽAVANJA I GOVOR MRŽNJE: ODGOVOR DRŽAVE BOSNE I HERCEGOVINE

Author(s): Enis Omerović,Amna Hrustić / Language(s): Bosnian Issue: 25/2020

Freedom of expression, in the words of the European Court of Human Rights, is one of the basic foundations of a democratic society, as well as the basic preconditions for its development, but also for the progress of every person. As such, freedom of expression is recognized and protected as a human right by the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Charter of Fundamental Rights of the European Union, just as it is classified in the human rights catalog of many constitutions in the world, including the Constitution of BiH. In parallel, by consuming freedom of expression, it is possible to violate another equally important and guaranteed human rights, which is why this freedom is not an absolute one and may be restricted. The most radical form of abuse of freedom of expression is hate speech, which as such is not subject to legal protection. A particular form of abuse of freedom of expression, and a grave form of hate speech, represents the denial of genocide, still which is not an international criminal offense, although it has been criminalized in some national legislations. In the law of BiH, denying genocide is a criminal offense in only one of its entities, which is particularly controversial, primarily because of the relatively recent past of the committed and adjudicated genocide in the area of Srebrenica, Doboj, and other parts of the country. Criminal justice, although generally the most rigorous, is not the only response of the State to hate speech, which, having in mind all those reports of hate speech monitoring bodies in BiH, is not lacking in the public discourse.

PRIKAZ ZBORNIKA RADOVA TREĆE GODIŠNJE KONFERENCIJE PRAVOSUDNOG FORUMA ZA BOSNU I HERCEGOVINU „PRAVO NA SUĐENJE U RAZUMNOM ROKU“

Author(s): Arben Murtezić,Davor Trlin / Language(s): Bosnian Issue: 25/2020

Treća godišnja konferencija Pravosudnog foruma za Bosnu i Hercegovinu u organizaciji Ustavog suda Bosne i Hercegovine i AIRE Centra, namijenjena sudijama najviših sudova u Bosni i Hercegovini o temi „Pravo na suđenje u razumnom roku“, održana je od 15. do 18. novembra 2019. godine na Jahorini. Po više kriterija, uključujući renome učesnika, relevantnost teme, te nivo izlaganja i diskusija, radilo se o izuzetnom događaju. Konferencija je rezultirala i publiciranjem kvalitetnog Zbornika, koji sadrži kombinaciju referata i odabranih slučajeva prakse Evropskog suda za ljudska prava, a izdata je početkom 2020. godine

VJERSKO VS. SEKULARNO: SUDSTVO U ŠERIJATSKOM, JEVREJSKOM I COMMON LAW PRAVU

Author(s): Sead Bandžović / Language(s): Bosnian Issue: 3/2020

Review of: „Sudovi: komparativna studija“ by Ehlimana Memišević (Centar za napredne studije, 2019). Review by: Sead Bandžović

HINTERMANN & FRONTMANN. Controlul asupra faptei şi teoria Organisationsherrschaft în contextul infracţiunii de corupere a alegătorilor

Author(s): Horia-Șerban Tiugan / Language(s): Romanian Issue: 2/2021

Through this paper, I am aiming mainly to reveal the mechanism of application of a criminal participation model crystallized in German doctrine and practice, in reference to the crime of voter corruption committed by material executors on behalf of and/or for the benefit of political parties. The approach aims at outlining a legal instrument, applicable in the national regulatory framework, which would expose the political party in the essential antechamber of material facts. At the same time, I appreciate that the need to probe such a mechanism is grafted on the following coordinates: the textual deficiencies of the norm of criminalizing voters, respectively the functional insufficiencies of the forms of criminal participation in conjunction with the desideratum of adapting criminal policy to social realities, tangential to this crime.

ЕВРОПЕЙСКИЙ ОПЫТ ОЦЕНКИ ГЕНДЕРНОЙ ПРОБЛЕМАТИКИ: СОВМЕСТИМОСТЬ МЕЖДУНАРОДНЫХ СТАНДАРТОВ И НАЦИОНАЛЬНЫХ ПРАВОВЫХ ПОДХОДОВ

Author(s): Anna Anatolyevna Kashirkina,Andrey Nikolayevich Morozov / Language(s): Russian Issue: 3/2021

Among gender issues, the issue of protecting women from all types and forms of violence, including domestic (family) violence, occupies a special place. At the international legal level, the most comprehensive definition of ―domestic violence‖ which includes not only physical violence, but also psychological, moral, economic coercion, the creation of various discriminatory conditions, as well as pressure, given the fact that the subject is female is enshrined in the fundamental documents, International law is actively developing tools aimed at comprehensively protecting women from all forms of discrimination and violence. However, there are many obstacles to the successful implementation of such norms in the national legislation of states. In this regard, the purpose of this article is to highlight the legal risks and obstacles that countries face in enforcing one of the most important international treaties in this field — the Council of Europe Convention on the Prevention and Combating of Violence against Women and Domestic Violence of 2011 (Istanbul Convention). At the same time, the authors of the article use the empirical analysis method by examining the assessment of the Istanbul Convention and the channels for its implementation by the Council of Europe Commission for Democracy through Law (Venice Commission) in its opinion on the constitutional consequences of ratification by Armenia of this international treaty. Through the use of methods of international legal, systemic, logical, teleological interpretation, the authors of the article come to the conclusion that one of the key difficulties in the implementation of the Istanbul Convention in national legislation is its complex polyconventional nature, which is manifested in the totality of norm-principles, norm-definitions and protective standards that may be ambiguously perceived by states. At the same time, the development of the catalog of human rights, as the historical method shows, will gradually lead to the appearance in the documents on women’s rights of an increasing number of provisions related to the prevention of not only gender-based violence, but also the prevention of appropriate behavior aimed at discrimination based on sex in the most different expressions. According to the Venice Commission, this also shows the multifunctional nature of Council of Europe standards. Moreover, for the successful implementation of norms aimed at protecting women from forms of violence, both universal human rights protection mechanisms established under the auspices of the United Nations and soft law mechanisms implemented both by the Council of Europe Commission for Democracy through Law (Venice Commission) are needed and other interstate bodies, governmental and non-governmental organizations. The article was written using both general scientific and special methods of cognition: dialectical, historical, philosophical, comparative legal, formal legal, logical, analytical, as well as involving methods of legal modeling and synergetic analysis.

ZABRANA DISKRIMINACIJE U AFRIČKOM SISTEMU LJUDSKIH PRAVA

Author(s): Slaviša Bjelogrlić / Language(s): Serbian Issue: 2/2021

The paper analyzes the norms related to the prohibition of discrimination contained in the instruments of the African human rights system and the established standards of protection of the guarantee of the right to freedom from discrimination in practice of the African Commission on Human and Peoples’ Rights and the African Court of Human and Peoples’ Rights.

Wpływ sekurytyzacji Ukraińskiego Kościoła Prawosławnego w jedności z Patriarchatem Moskiewskim na zmiany w ustawodawstwie wyznaniowym Ukrainy po 2013 r.

Author(s): Tomasz Szyszlak / Language(s): Polish Issue: 24/2021

The article presents the impact of the process of securitization of the Ukrainian Orthodox Church (Moscow Patriarchate) on the changes in Ukrainian law on religion since the Revolution of Dignity (Euromaidan). Securitization as a concept originated in security sciences belongs to constructivist approaches because under these approaches the threat is not a real phenomenon. The threat is subjectively indicated by the actor of the process and recognized as such by its recipients. Although this study is not concerned with the securitization process itself, it emphasizes the circumstances surrounding its consequences for law on religion. Among these circumstances is the war in Donbas and granting autocephaly to the Ukrainian Orthodox Church by the Ecumenical Patriarchate. The article discusses the normative acts adopted after 2013, which oblige the Ukrainian Orthodox Church to include its subordination to the Russian Orthodox Church in its name, making it easier for parish communities to change their jurisdictional subordination and hindering the functioning of military pastoral care in the Armed Forces and other military formations.

Importanța stabilirii naturii juridice a sancțiunilor pecuniare aplicate în alte state membre ale Uniunii Europene și recunoscute în România, în temeiul Deciziei-cadru nr. 2005/214/JAI

Author(s): Andrei-Dorin Băncilă / Language(s): Romanian Issue: 1/2020

The establishing, by the national court, of the judicial nature of the financial penalty that is to be recognised and enforced according to the mechanism introduced by the Council Framework Decision 2005/214/JHA, is particularly important in order to identify the legal regime of the enforcement, with everything it entails, so that acts that are not incriminated by our domestic criminal law shall not be unnecessarily treated as unlawful acts and also for the imputation of the partial enforcement.

Seminarium „Przyszłość Europy: jak odpowiedzieć na wyzwania?”, Szczecin, 15 czerwca 2021 roku

Author(s): Agata Szwed / Language(s): Polish Issue: 36 (4)/2021

Instytucja współdziałania materialnego w wydawaniu aktów administracyjnych na przykładzie wybranych porządków prawnych – Polski i Republiki Federalnej Niemiec

Author(s): Lucyna Staniszewska / Language(s): Polish Issue: 1/2021

The article focuses on the issue of cooperation between public administration bodies, which aims to improve the administration. Cooperation is primarily a legal obligation, to the extent specified in a substantive legal norm, and the cooperating body is obliged to take this action in the appropriate form. In the discussed legal orders – Polish and German – there are many forms and gradations of cooperation. The article discusses issues associated with the legal nature of participation acts, as well as the auxiliary nature of the proceedings before the body obliged to take a position. The issue of the participation of the parties to the main proceedings before the cooperating body and models of judicial review of the act of participation are discussed. The conclusion of the article boils down to the thesis that the legislator needs to rethink the model of cooperation in Polish law, but also to improve the practice of its application.

Problematyka wyznaczania rynku właściwego w przypadku rynków wielostronnych na przykładzie platform cyfrowych funkcjonujących w ramach rynków dwustronnych

Author(s): Agnieszka Anusz / Language(s): Polish Issue: 1/2021

The article analyses the process of defining the relevant market, with reference to digital entrepreneurs who operate on two-sided markets. The article presents a description of two-sided markets, including their basic features, such as network effect and price structure. These aspects are then analysed in the context of three factors of the relevant market: relevant product market, relevant geographic market, and temporal relevant market. The article leads to the conclusion that a temporal relevant market should be determined each time when considering online multiside markets. The article also analyses the so-called gatekeepers, that is entrepreneurs creating markets on which they also define the market conditions. Moreover, they do not always compete on the markets which they have created. In the case of gatekeepers, the article leads to the conclusion that the legal construction of abuse of market position should be sufficient; however, further regulation of gatekeepers may be necessary in the future.

Правен режим на защитените природни територии по директиви 92/43/ЕИО и 2009/147/ЕО на Европейския съюз

Author(s): Georgi Penchev / Language(s): Bulgarian Issue: 5/2021

Basic aim of this study is analysis of the protection of biological diversity in protected natural territories under Directives 92/43/EEC and 2009/147/EC. These legal acts of the European Union are related to the protection of species of wild flora and fauna and natural habitats. The basic task of the study consists in consideration of the legal measures in this field under these directives in the context of their introduction in the Bulgarian legislation. The comparative law and formal-logical methods of scientific research are used. The result of study is related to formulation of general conclusions from considered legal regulation and suggestions for its improvement.

The Protection of Investments Within the EU

Author(s): Florin Tudor / Language(s): English Issue: 1/2020

The present article analyses the investments within the EU, but it does not necessarily refer to the investments made by investors in third party-countries in the EU, but especially to those belonging to the investors in the member countries. National Juridical norms are comparatively analysed, and they sometimes cover the fundamental norms of the EU, the protection and rights of the investors. In addition to this analysis, the present study also focuses on the measures programmatically adopted by the European structures in order to refresh the economy that was massively affected by the global health crisis caused by the Covid-19 pandemic, on the role of the research-development-innovation, and of the commercial relations with other states.

Reflecții cu privire la perspectivele unor reforme judiciare civile în lumina unor instrumente juridice europene

Author(s): Ioan Leş,Adrian Stoica / Language(s): Romanian Issue: 1/2022

The study is intended to provide a summary analysis of some of the most important proposals for the preparation of Community legal documents, which, in their view, will have a significant effect on the fate of judicial proceedings in all EU Member States. One of the most important documents concerns the Proposal of the European Parliament and of the Council establishing harmonized rules in the field of Artificial Intelligence. The proposed regulation is also considered by the authors as indispensable for the advantages but also in relation to the great risks that AI presents in the judicial processes. A particularly useful analysis is the one on the Proposal for a Regulation of the European Parliament and of the Council establishing a computerized communication system in civil and criminal judicial proceedings in cross-border cases. The analysis of the above-mentioned legal documents could not ignore, in the light of approaches to judicial developments in the EU, the existence of present documents on the taking of evidence and the communication of procedural documents in cross-border proceedings. The authors made an analysis of these documents (recommendations) highlighting some aspects regarding their application. The authors conclude that the new proposals and regulations of the Community institutions are likely to give a new impetus to the digitization process and to establish a coherent and effective legal framework to avoid the great risks that modern technologies pose to European citizens.

CONVENTION FOR INTERNATIONAL SALE OF GOODS AND THE INTERNAL LAW

Author(s): Majlinda Belegu / Language(s): English Issue: Special/2021

Vienna Convention is one of the most important conventions on trade of goods. It is one of the unified conventions on transport of goods from a country to the other. This convention had a unification effect towards unifying the obligatory law in the entire world. It has directly influenced the international trade and the transport of goods as well as the relationships between countries on the trade and the transport. It had influenced a lot the interstate relationships related to the free market and the customs and their unification, especially those between neighboring states that aspire membership in various international organizations. Hence it has achieved to unify the civil law in the entire world which was not achieved by drafting a Civil Code in Europe even though it was an attempt. Vienna Convention has its structure which is divided into several articles that are part of most of the domestic legislations in the countries of Europe. The author using methods of comparison analysis, systemic analysis and the historical analysis tries to analyze the impact of Vienna convention in the Kosovo positive domestic legislation.

Economic Regulation, Institutions and Entrepreneurship: Perspectives from the Experience of States in Transition

Author(s): Delia-Raluca Șancariuc / Language(s): English Issue: 1/2022

The present paper analyses the evolution of entrepreneurship in former communist countries during their transition to a market economy, seeking to identify the rules, regulations and institutions that influenced this evolution. I start by exploring the theoretical link between regulations, transition, and entrepreneurship, concluding, based on existing literature, that there exists a “vicious circle” between the three elements, which are strongly interlinked. I then observe this relationship in practice, by focusing on the case of the former communist countries from Eastern Europe and Central Asia. I analyse the interplay between data on the intensity of business activity, and multiple measures of regulations relevant for entrepreneurship in the above-mentioned countries, carrying out comparisons and attempting to draw inferences on causality. I show that the quality of regulations matters for business success, and good rules such as the protection of private property, reduced bureaucracy, low tax rates, and the control of corruption are crucial for supporting entrepreneurship.