Man and Woman - the Dilemma of Marital Evolution

Author(s): Iulian Apostu / Language(s): English Issue: 3-4/2021

Although in the social discourse, men and women are characterized by values that are specific to modernity or postmodernity, however, the analysis of social data often shows that the process of evolution must be located rather at the intersection between tradition and modernity. Thus, the status of men and women is in the process of being reconstructed and this is not a comfortable stage, especially for men. Marital modernity requires, as a matter of priority, a re-evaluation of the role structure and gender relations in the direction of equity, and in this endeavor, the greatest challenge is felt by men, who have to relinquish the old advantages of their traditional status. In this respect, a first hypothesis would be to consider women as having the main role in stimulating this action, and men as being less motivated to give up, by their own accord, the advantages offered by the traditional marital framework. From another point of view, we rhetorically ask whether women are ready for this challenge and to what extent the social context becomes supportive in this transition of role and gender relations.The study aims to make an analysis of gender and marital role relations, in order to identify the challenges of functionality in the contemporary transitional couple.

Ochrana soukromí ve veřejném prostoru

Author(s): Kristýna Bónová / Language(s): Czech Issue: 25/2022

The aim of this text is to analyse how the law distinguishes between public and private space, considering the physical space. The paper will focus on places that are located on the border between private and public space. Subsequently, it will be evaluated whether such a distinction is useful at a time when people are almost constantly under the scrutiny of modern technologies . With their use, the question of conflict with the right to privacy and the protection of personal data inevitably arises.

ДИПЛОМАТИЧЕСКАТА ЛЕКСИКА КАТО ПОДСИСТЕМА НА АДМИНИСТРАТИВНИЯ СТИЛ

Author(s): Zornitsa Tancheva / Language(s): Bulgarian Issue: 2/2021

The peculiarities of the diplomatic lexicon are clearly visible when tracing them in the individual documents (annex, contracts, laws) created by the state administration, which are used after the Liberation of Bulgaria. The tracking the diplomatic lexicon contained in two types of documents - a treaty and an annex, issued in the same year and which regulate the relations between two countries. That is essential to establish both origin and specificity. The article follows the trends in usage of terms and finds categories grouped by the vocabulary appearing in two treaties and one annex.

Une vision locale et régionale de l'Europe 2030

Author(s): Stéphane Guérard,Antoniu Tudor / Language(s): French Issue: 09/2022

Europe’s vision for 2030 relies on the impact of European and international actors’ policies on European local and regional governments while strengthening their local autonomy with a view to make it evolve their role and, why not, saving the European project. Local governments are the most able to exercise much more powers over their territories and to take responsibility for their execution; as for the Nation-State, it must be more focused on its roles as controller and evaluator of the local public action. In addition, local and regional governments can provide the necessary solutions that Nation-States cannot solve alone; to save money those international institutions impose. In order to solve the challenges of our time, a special attention is paid to state reform, the status of local public officials (dealing with issues related to basic public services) and the evaluation of the local public action by fighting against the formulas of the privatization of public action, while promoting, but framing them, the public-private partnerships.

Administrative Law in the Time of a Permanently Transforming Regulatory Environment

Author(s): István Hoffman,István Miklós Balázs / Language(s): English Issue: 1/2022

The Hungarian administrative law has been significantly impacted by the COVID-19 pandemic. Several rules – which were introduced during the state of danger based on the epidemic situation – have been incorporated into the Hungarian legal system. The administrative procedural law has been influenced by the epidemic transformation. However, the rules on e-administration have not been reformed significantly (due to the digitalisation reforms of the last years), but the rules on administrative licenses and permissions have been amended. The priority of the general Code on Administrative Procedure has been weakened: a new, simplified procedure and regime have been introduced. The results of these reforms became obvious in 2021: the number of administrative cases has been decreased. Even the decision-making of the central government bodies has been transformed partially, a trend of “militarisation” can be observed, as well. The local self-governance has been impacted by the reforms. The transformation has had two opposite trends. On the one hand, the Hungarian administrative system became more centralised during the last year: municipal revenues and task performance have been partly centralised. The Hungarian municipal system has been concentrated, as well. On the other hand, the municipalities could be interpreted as a “trash can” of the Hungarian public administration: they received new, mainly unpopular competences on the restrictions related to the pandemic. This approach transformed in the last months, and even several unpopular decisions were recentralised. Although, these changes have been related to the current epidemic situation, but it seems, that the “legislative background” of the pandemic offered an opportunity to the central government to pass significant and reforms.

Szczegółowe przesłanki nadania stopnia doktora habilitowanego

Author(s): Dariusz Kała / Language(s): Polish Issue: 3/2022

In 2018, there was a reform of higher education in Poland. One of the effects of this reform was the modification of the requirements for awarding the degree of habilitated doctor (doktor habilitowany). The article aims to answer the question of what specific conditions must be met in order to obtain a postdoctoral degree under the current law. The article fills a gap in the science of law, since no comprehensive study has been devoted to this topic. The author presents conclusions based on an analysis of the legal status, and of the views expressed in the science of law and in judicial decisions. Consideration is also given to the purposes of the reform related to habilitation, and those included in the justification to the draft Act on Higher Education and Science, as well as the clarification of the requirements indicated by the Council for Scientific Excellence – the assembly and public administration body supervising the awarding of habilitation in Poland. In the analyses, the author used the dogmatic-legal method, the hermeneutic method, and the argumentative method. In the conclusion, the specific prerequisites that must be met in order to obtain a postdoctoral degree under the current law are indicated, namely: possession of a doctoral degree in science, possession of a scientific or artistic achievement that represents a significant contribution to the development of a specific discipline, and the demonstration of significant scientific or artistic activity carried out in more than one university, scientific institution or cultural institution, especially outside of Poland. In addition to the specific prerequisites, it is necessary to bear in mind the need to meet the general prerequisites, which are beyond the scope of this study.

Sinteză a Raportului asupra activității desfășurate de Consiliul Legislativ în anul 2021

Author(s): CLR Redacția / Language(s): Romanian Issue: 3/2022

Anul 2021 a fost un an special având în vedere că activitatea instituţiei s-a desfășurat aproape exclusiv on-line, din cauza efectelor pandemiei de COVID-19 şi a necesității implementării unor măsuri de siguranţă pentru sănătatea colectivului din cadrul Consiliului Legislativ. Activitatea desfăşurată de Consiliul Legislativ este susținută de un microcomplex logistic și uman, format din informaticieni și profesioniști în domeniul IT, care s-a dezvoltat de-a lungul timpului proporțional cu provocările specifice. [...]

The UNIDROIT Convention on International Interests in Mobile Equipment as the direction for security rights regulations in the COVID-19 economy

Author(s): Tomasz Tomczak / Language(s): English Issue: 37 (1)/2022

In this article some features of the Cape Town Convention security interest were juxtaposed with some features of the Polish registered pledge. The aim of such research was to answer the question which of these two instruments is better adjusted to the COVID-19 economy. On the basis of such analysis, a conclusion was made that the Cape Town Convention security interest constitutes a more flexible security right and therefore one which is better adjusted to the COVID-19 economy. In the opinion of the author, the Cape Town Convention security interest shall constitute the direction in which the Polish security rights, especially in B2B relations, should go. The research was based on an analysis of the laws in force and a comparative analysis.

Czas trwania kontroli podatkowej – glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 19 lutego 2020 r., I FSK 2243/19

Author(s): Paulina Brejdak / Language(s): Polish Issue: 37 (1)/2022

The Supreme Administrative Court in the judgment discussed raised an important issue of the duration of a tax inspection at a microenterprise. The judgment clearly states that the tax authorities may not conduct such inspections that exceed the statutory time limits. Thus, the duration of an inspection with a taxpayer who is a microenterprise may not go over 12 working days consecutively. The inspection activities should be carried out in a continuous system. The duration of a tax inspection should also include the time when the inspectors are not actually present at the inspection site. An analysis of the law in force was carried out in preparing this commentary.

Recenzja monografii Marcina Stoczkiewicza, Prawo ochrony klimatu w kontekście praw człowieka, Wolters Kluwer, Warszawa 2021

Author(s): Anna Barczak / Language(s): Polish Issue: 15/2022

Обезценяването на принципа на публичност в съдебния процес

Author(s): Mladen Mladenov / Language(s): Bulgarian Issue: 7/2022

The devaluation of the principle of publicity of the judicial process comes as a result of the imposed negative tendency to limit the number of persons present in the courtroom. It is a guiding constitutional rule that the trial of cases in all courts shall be public, except where otherwise provided by law. As an exception to the principle, the publicity of the judicial process can be limited only for reasons specified in the procedural laws. Judicial voluntarism and deviation from this principle is inadmissible.

Властова злоупотреба

Author(s): Mladen Mladenov / Language(s): Bulgarian Issue: 4/2021

Currently there is a need of serious perusal of the dimensions and harmful results from Abuse of Power, as well from possible measures against it.

COMPARATIVE LAW ASPECTS REGARDING THE SPECIALIZED CENTRAL PUBLIC ADMINISTRATION

Author(s): Liliana Țurcan / Language(s): English Issue: 22/2021

This article constitutes a study dedicated to the specialized central public administration in various countries. The purpose of this article is to analyze the constitutional and legal rules of contemporary States relating to ministerial and extra-ministerial administration. The trends of development of the ministerial system are analyzed, as well as the basic factors determining the number of ministries, the organization and functioning of these public authorities. In addition, the principles of organizing the specialized central authorities and some of their specific features are examined.

Good Governance and Development in Depraved Democracies: Lessons from Nigeria

Author(s): Adeleke Adegbami,Oluwasesan Akanni NOFIU,Gabriel Olutobi OGUNLANA / Language(s): English Issue: 15/2022

Nigeria's sixty-two years of independence were full of developmental challenges, and the twenty-three years of unbroken democratic governance in the country's Fourth Republic did not help the matter. These years can be described, as years of trial governance with no meaningful development. It is to this extent that the study analyses democratic governance and national development in Nigeria. The study which derives its data from secondary sources, as well as authors' observations of events in Nigeria, discovered that dangerous ethnic division; competitions, and rivalries were the root of Nigeria's problem. The study further revealed that the country type of democracy is not an "ideal democracy", but a "depraved democracy" that lack the basic features, and qualities of democracy; and most of the political leaders who emerged into the country’s governance system were unwilling, incompetent, and unpatriotic. The study equally showed that the quality of governance in Nigeria has not been satisfactory, it is marred by corruption, with attendant effects of unemployment, inflation, and poverty, while social vices, such as illegal bunkering, hooliganism, kidnapping or hostages’ taking, internet frauds, drug peddling, prostituting, and armed robbery thrives on. The study concludes that democracy on its own cannot automatically bring about good governance, only an ideal democracy, where men with vision, mission, integrity, ideas, ideals, who are ready, willing, and committed can, not until this happens, good governance and development will remain “a flying pig” expedition.

Специални разузнавателни средства и решенията на Европейския съд по правата на човека срещу България

Author(s): Ognyan Stoichkov / Language(s): Bulgarian Issue: 8/2022

The decisions of the European Court of Human Rights against the Republic of Bulgaria regarding the use of special intelligence tools have been studied. Some of the decisions also address procedures under the Electronic communications act. The aim of the analysis is to define and systematize the main guidelines of the court in case of non-compliance of the Bulgarian legislation with relevant provisions of the Convention on Human Rights andFundamental Freedoms. Finally, de lege ferenda proposals are presented to improve the regulation.

Curier legislativ – Martie-Aprilie 2022

Author(s): Oana Dimitriu / Language(s): Romanian Issue: 5/2022

The section includes a selection of the most important normative legal acts, including decisions of unconstitutionality, appeals in the interest of the law, preliminary judgments and decisions of the ECHR published in the Official Monitor of Romania and republished laws.

LA FORMACIÓN JURÍDICO AMBIENTAL. CARACTERIZACIÓN HOLÍSTICA

Author(s): Sánchez Alcides Antúnez / Language(s): Spanish Issue: 1/2023

The article analyzes the epistemological theoretical references of the environmental legal training process from its holistic characterization from different approaches to its construction from complexity and critical thinking, it contributes to achieving sustainable development due to its multidimensionality from the teaching-learning process in the Environmental Law subject in the Law degree, contributes to the solution to environmental problems from the integration of environmental legal content with a content proposal for the educational teaching process, will affect the knowledge of environmental education, where man-nature and In order to achieve the conservation of the environmental conditions that it requires for its habitat without prejudice to the development of the economic activities that impact it, it is necessary to establish the mechanisms, measures and procedures that allow a harmonious coexistence of the natural, the social and the economical for its transdisciplinarity of the environmental issue.

МАГИЯТА НА MANCIPATIO

Author(s): Kaius Tuori / Language(s): Bulgarian Issue: 1/2022

Many of the oldest Roman legal institutitues such as mancipatio, stipulatio and vindicatio contained elements that were interpreted as supernatural or religious, the completion of these practices required the use and the pronunciation of certain precise words, and ritual acts which had to be committed. The conventional wisdom has long been that the early history of Roman law was filled with curious ceremonies and ritual incantations; spears and sticks wielded to symbolically bestow rights and duties, while classical law was characterized by rational legal thinking. The author`s purpose is to examine the ritualistic and the supernatural elements of archaic Roman law and their influence in the classical period through the example of the institute of the mancipatio. In this contribution, prof. Tuori argues that through its archaic roots, Roman law had a strong supernatural element, though not as magic is commonly understood, but instead a belief in the transcendental. Additionally the aim of this article is to outline the understanding of the historical consciousness of Roman jurists.

ЗА ПОНЯТИЕТО DOMINIUM В СЛЕДКЛАСИЧЕСКОТО РИМСКО ПРАВО СПОРЕД УПОТРЕБАТА МУ В КОНСТИТУЦИЯТА НА ИМПЕРАТОР КОНСТАНТИН І ОТ 330 Г. ОТНОСНО ОПРЕДЕЛЯНЕ НА ГРАНИЦИТЕ

Author(s): Methodi Todorov / Language(s): Bulgarian Issue: 1/2022

The article discusses the concept of dominium in post-classical Roman law. The constitution of 330 of the Constantine I concerning the determination of boundaries was analyzed (CTh.2.26.1) and a significant change in the meaning of the term dominium was found, as it no longer denoted the right of ownership, but possession of the property, which were clearly distinguished from classical jurists.

Wygaśnięcie pozwoleń na korzystanie ze środowiska lub zezwoleń na prowadzenie działalności w zakresie ochrony środowiska w związku ze zmianą przepisów prawa

Author(s): Krzysztof Gruszecki / Language(s): Polish Issue: 2/2022

One of the basic principles of Polish administrative proceedings is the principle of permanence of administrative decisions. These include permits to use the environment and authorizations to conduct activities related to environmental protection. The legislator has introduced several procedural solutions related to their issuance and extinction. Therefore, this study attempts to systematize the solving forming the basis for extinguishment of permits for using the environment and permits to conduct activities in this area. On this basis, the thesis was put forward in the article that, by the rules arising from the legal acts constituting the basis for issuing the discussed types of decisions, such as the Act of 27 April 2001 – Environmental Protection Law (Journal of Laws of 2021, item 1973), as a rule, expiry decisions should be issued, unless specific provisions result otherwise. Such necessity is also supported by the principle of honesty of entrepreneurs and friendly interpretation of the law arising respectively from Articles 10 and 11 of the Act of 6 March 2018. Entrepreneurs’ Law (Journal of Laws of 2021, item 162 as later amended). However, in conclusion, it was indicated that in order to improve the security of legal transactions de lege ferenda, it would be worthwhile to organize solutions in this sphere.