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Solidaritatea europeană în vremea COVID-19

Solidaritatea europeană în vremea COVID-19

Author(s): Lavinia Adriana Grecu / Language(s): Romanian Issue: 17/2021

This article aims to review the main components of the Conference on the Future of Europe. Even if we are tempted to believe that this is the exercise filed by the European institutions, we will find in this article that, over time, this process of reflection has been the cornerstone of the successive changes operated to the EU Treaties. The current consultation process was initiated by Jean Claude Juncker, the former President of the European Commission. The initiative was later taken over by President-in-Office Ursula von der Leyen. Whether or not it will be a success, time will tell.

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Konkretni prijedlog za nadogradnju Dejtonskog mirovnog sporazuma

Konkretni prijedlog za nadogradnju Dejtonskog mirovnog sporazuma

Author(s): Mirsad Kriještorac / Language(s): Bosnian,English Issue: 2/2020

Most observers of Bosnia and Herzegovina’s political situation have focused only on the problems that the Dayton Peace Accord created for the normal functioning of this Southeastern European state, but a workable solution is yet to be proposed. The Accord achieved peace by blocking any ability for effective governing and by diminishing the Bosnian state capacity through an excessive dispersion of power with an uncommon constitutional focus on internationalism, and an erroneous type of pluralism that undermines the normal functioning of a democracy. The solution for these problems is to be found by adjusting the procedural selection of the United Nations High Representative, who is the primary actor directly responsible for the implementation of the Accord, both in terms of the letter and intent of the document, and this paper explains how that change can be made and what problems it will resolve.

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Trgovački sporovi u Bosni i Hercegovini: osvrt na sudove, stranke, predmete i dokumente ranog postosmanskog perioda

Trgovački sporovi u Bosni i Hercegovini: osvrt na sudove, stranke, predmete i dokumente ranog postosmanskog perioda

Author(s): Mehmed Bećić / Language(s): Bosnian Issue: 20/2021

The transformation of the commercial court system in Bosnia and Herzegovina during the second half of the 19th century took place in two different legal and political contexts. The first is Tanzimat - during the Ottoman rule, and the second is the reform under Austro-Hungarian occupation. In both of these contexts, there was a break with the previous order and the reception of new and foreign legal models. Despite such a dynamic development of commercial law, the modern legal and legal- historical literature has not dealt with this phenomenon in detail. The organization and work of commercial courts have been exclusively the subject of incidental historical reconstruction in older literature, but also in some new studies with a historical approach and content. However, legal-historical analyzes of specific court proceedings and judgments of commercial courts in Bosnia and Herzegovina have been completely absent. Given the above-described gaps in the existing literature, this paper seeks to take the first steps in elucidating commercial litigation and the development of commercial law in Bosnia and Herzegovina during the last decade of Ottoman and the first five years of Austro-Hungarian rule.

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LEGAL PERSPECTIVES ON THE UNIFICATION OF THE REPUBLIC OF MOLDOVA WITH ROMANIA. WILL THE HISTORY REPEAT ITSELF?
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LEGAL PERSPECTIVES ON THE UNIFICATION OF THE REPUBLIC OF MOLDOVA WITH ROMANIA. WILL THE HISTORY REPEAT ITSELF?

Author(s): Dumitru Cazac / Language(s): English Issue: 02/2018

The Great Union of 1918 has represented a fundamental step in the foundation of the contemporary Romanian state, whereas for Bessarabia it was a chance to retake its direction of evolution towards the west. Unfortunately, the history has separated it once again in 1944, in order to become an independent state named the Republic of Moldova, after a soviet era. Unionist tendencies were registered on both sides of the Prut river ever since 1991, and have augmented in the last years due to the worsening economic situation. This paper aims to make a legal analysis on a possible unification of the Republic of Moldova with Romania, taking into account, particularly, the EU member statute of Romania and the existence of a separatist region – Transnistria, as well as an autonomous territorial unit – Gagauzia, on the territory of the Republic of Moldova.

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LAND REGISTRY REFORM IN THE REPUBLIC OF SRPSKA AND ITS CONSEQUENCES

LAND REGISTRY REFORM IN THE REPUBLIC OF SRPSKA AND ITS CONSEQUENCES

Author(s): Faruk Đozić / Language(s): English Issue: 9/2020

The Law on Survey and Cadastre in the Republic of Srpska entity introduced a system of recording real estate and rights to them through the so-called the Unique real estate records. Historically, the system of a single real estate record is not a novelty in our legal climate. The Law on Survey and Cadastre of the Republic of Srpska from 2011 represents continuity in the intention of the entity legislator to continue with the legal heritage of the former SFRY and bring the legal solutions in the field of land registry law in the entity of Republic of Srpska closer to the legal solutions of the Republic of Serbia. The decision, provided by law, to transfer the burden of establishing the real estate cadastre and keeping records on the rights to them to the administrative body leaves room for abuse, especially with regard to property rights of returnees, refugees and displaced persons who for objective reasons are not able to actively participate in the process of establishment of the unique real estate records. Restricting the right to judicial decision on real estate rights in the process of establishing a single real estate cadastre is contrary to international norms on the right to property as an inviolable human right. The Law on Survey and Cadastre of the Republic of Srpska actually represents the continuation of the realization of the goals of the Declaration on the Proclamation of the Republic of Serbian People of Bosnia and Herzegovina and to legally complete the process of ethnic cleansing of non-Serbs and genocide against Bosniaks.

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To the Origins of Discourse, or on the Birth of Society and Law

To the Origins of Discourse, or on the Birth of Society and Law

Author(s): Boris Shalyutin / Language(s): English Issue: 3/2021

I consider the beginning of society to be the integration of hostile Homo Sapiens communities into dual-group alliances, which ensured superiority over Neanderthals, made possible by the formation of legal discourse between the parties of a dual alliance who remained aliens to each other, which provided peace and stimulated a leap in linguistic and cognitive development, including the formation of the coercive power of logic.

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Reformy sądownictwa administracyjnego na Węgrzech

Reformy sądownictwa administracyjnego na Węgrzech

Author(s): Bea Éva Barsi-Fodor / Language(s): Polish Issue: 98/2022

The study deals with the reforms of the administrative judiciary in Hungary from the 1880s to the present day. The main part of the considerations is the analysis of the first Hungarian codification of administrative court proceedings – Act No. I of 2017 on administrative court proceedings, which is the result of only partially implemented intention of the legislator aimed at creating an administrative judiciary separate from the common judiciary, equipped with its own procedure and institutions. These plans have not been fully implemented to this day – judicial control of the administration (both before and now) has remained in the hands of common courts, and the 2017 Act retained the status of an act only partially independent of the Code of Civil Procedure, as in many the procedural law, the act refers to the provisions of the Code of Civil Procedure. Currently, judicial control of administration in Hungary is exercised by courts of two instances: in the first instance, they are adjudicated by either provincial courts by administrative chambers or, in cases provided for by law, by the Curia. The Curia adjudicates in second instance and on all matters of revision.

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Reformy sądownictwa administracyjnego w Serbii

Reformy sądownictwa administracyjnego w Serbii

Author(s): Ratko Radošević / Language(s): Polish Issue: 98/2022

Judicial control of the administration in Serbia has a long tradition of over 150 years. Initially, this control was exercised by the Council of State, organized according to French models. After World War II, all forms of administrative judiciary were abolished and reinstated as early as 1952, when the competence to resolve administrative disputes was entrusted to common courts, which adjudicated these cases in special chambers. The last phase of the development of administrative judiciary began anew with the creation of specialized judiciary, namely with the establishment of an administrative court in 2010. This court is no longer part of the administration, as it was before World War II, but part of the judicial system. Judicial control of administration is based on the constitutionally guaranteed right to a fair trial. This means that the administrative court decides within a reasonable time on the basis of the law and facts established in the course of a public hearing, and its judgment may be delivered in limited jurisdiction (resulting in a cassation judgment) or full jurisdiction (where the court itself decides the case). This phase of the development of judicial control of the administration is not finished, however, as the administrative judiciary in Serbia has a single-stage structure, and therefore administrative court proceedings are always one-instance. This raises the need for further reforms aimed at introducing two-tier administrative judiciary and increasing its efficiency.

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Reformy sądownictwa administracyjnego na Litwie

Reformy sądownictwa administracyjnego na Litwie

Author(s): Jurgita Paužaitė-Kulvinskienė / Language(s): Polish Issue: 98/2022

The study concerns the reforms of the administrative judiciary in Lithuania, starting from the interwar period, and the importance of prof. Mykolas Römeris, to modern times. The Lithuanian model of legal protection against actions of public administration is based on Art. 111 sec. 2 of the Lithuanian Constitution, which provides for the possibility of establishing specialized courts to hear administrative cases. Since 2001, this judiciary has two instances: it consists of district administrative courts as courts of first instance and the Supreme Administrative Court. It is part of the judicial system but is separate from the common and constitutional courts. The Lithuanian administrative judiciary is now considered to be very modern, taking into account progressive European trends. Its characteristic feature are, among others extensive forms of alternative settlement of public law disputes, such as pre-trial proceedings, settlement or mediation. The Lithuanian legislator, however, continues efforts to modernize it further. The subject of the current discussion is the reform of the appeal procedure, assuming an increase in the effectiveness of this procedure by introducing a filtering mechanism for complaints brought to the court of second instance.

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Projekty reform sądownictwa administracyjnego w Polsce

Projekty reform sądownictwa administracyjnego w Polsce

Author(s): Anna Chmielarz-Grochal / Language(s): Polish Issue: 98/2022

The aim of the article is to present the basic assumptions of the reforms of the Polish administrative judiciary. The planned and implemented reforms concerned both the model of administrative judiciary system, as well as the model of adjudication and rules of procedure before administrative courts. The analysis of the implemented solutions, starting from the period of the Second Polish Republic, made it possible to formulate a thesis that the administrative judiciary was subject to evolutionary (developmental) reforms. The article mainly concerns systemic issues, as the creation of a separate, independent, two-instance administrative judiciary was a priority postulate for reforms initiated after Poland regained independence, which appeared in later reform proposals. As the analysis shows, this postulate was fully implemented after the entry into force of the Constitution of the Republic of Poland of 1997.

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OVERRIDING MANDATORY PROVISIONS IN CROATIAN PRIVATE INTERNATIONAL LAW

OVERRIDING MANDATORY PROVISIONS IN CROATIAN PRIVATE INTERNATIONAL LAW

Author(s): Dora Zgrabljić Rotar / Language(s): English Issue: 3-4/2021

Overriding mandatory provisions are mandatory provisions that are applicable in situations with an international element. The author analyses overriding mandatory norms in the European private international law and in the Croatian national private international law. The definition of such norms provided in the 2017 Croatian Private International Law Act is almost a verbatim copy of the definition provided in the Rome I Regulation on the law applicable to contractual obligations. The 1982 Croatian Private International Law Act did not provide for a definition of overriding mandatory norms but it was uniformly accepted in the scholarly interpretations that those types of mandatory norms were accepted by the Croatian private international law system. Moreover, the 1982 PIL Act included a substantive family law provision, which was, in essence, an overriding mandatory provision. However, Croatian courts and practitioners have been reluctant to refer explicitly to an applied norm as an overriding mandatory one. The reasons behind that might be that that the courts were better acquainted with the public policy exception, since public policy was explicitly mentioned in the 1982 PIL Act, as well as in some other legal acts. In addition, the legislator does not explicitly note that a provision is an overriding mandatory one in the provision itself, which leads to the outcome that the courts and other practitioners are burdened with a complex task of interpretation of a provision they think might be an overriding mandatory one. The author aims at providing guidelines to facilitate that task.

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SOFT LAW AND SOVEREIGNTY – FROM A POLITICAL TO A LEGAL LIMITATION

SOFT LAW AND SOVEREIGNTY – FROM A POLITICAL TO A LEGAL LIMITATION

Author(s): Dragutin Avramović / Language(s): English Issue: 3-4/2021

Firstly, the author analyses the theory of sovereignty from the point of its birth and then he considers more recent theoretical challenges facing the notion of sovereignty in a globalised world. Particular attention is paid to soft law – that new, formally non-binding source of international law in the light of its factual influence on the desovereignisation of states. The author holds the position that the relativisation of the notion of sovereignty has been a process that began already in the 18th century and that has only additionally accelerated with new challenges posed by globalisation. The author argues for the only possible and proper use of the notion of sovereignty in its original meaning as an absolute, completely unlimited, and indivisible power. On the other hand, he takes a critical approach not only to the theory of constitutional pluralism but also to the ideas of the state’s legal sovereignty. He pleads for rejection of separating different aspects of sovereignty, artificially distinguishing between the factual and legal sovereignty, as well as the external and internal sovereignty. While theoretically possible, it is of no practical use because the notion of sovereignty can only be correctly understood as a political and legal illimitability. For all other various modalities and attempts at relativising and grading sovereignty, from the 18th century to this day, different terms should be coined. Being mindful of the situation in most of the present-day states, the author advocates the introduction of the term "pseudo-sovereignty".

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IMOVINSKO PRAVNI POLOŽAJ ŽENE U BRAKU NA PRIJELAZU IZ 19. U 20. STOLJEĆE – PREMA SADRŽAJU PRIVATNOPRAVNIH ISPRAVA

IMOVINSKO PRAVNI POLOŽAJ ŽENE U BRAKU NA PRIJELAZU IZ 19. U 20. STOLJEĆE – PREMA SADRŽAJU PRIVATNOPRAVNIH ISPRAVA

Author(s): Jelena Kasap / Language(s): Croatian Issue: 1/2022

Drawing up marriage contracts in order to achieve the autonomy of the parties with regard to property relations in marriage in the period after the entry into force of the Austrian General Civil Code has become a common practice. A very detailed normative framework for the regulation of individual institutes of marital law left enough space to regulate property relations between spouses in accordance with their requirements and with the purpose of preserving the economic interests of the family and each partner. In the period in which a man took over the function of managing marital property, and the position of a married woman was marked by patterns of desirable behaviour, a number of property dispositions were recorded with the purpose of strengthening a woman’s position in society during marriage, but also securing her status in the case of termination of marriage. Guided by the idea of modernizing the social position of women in the period after the entry into force of the Austrian Civil Code, the basic purpose of this research is to determine the position of women in terms of property rights acquired on the basis of private legal documents. This refers to the institutes included in the content of marriage contracts preserved in the State Archives in Osijek and the effects of wills, which often contained marriage provisions, but also those wills whose creators often sought to provide property protection for poor women by establishing foundations. Available documents come from different legal areas of urban (Osijek) and rural (Baranja) areas, which makes them a valuable material for a comparative analysis of various issues, from applicable law to the effects of its application. Therefore, this research uses a legal-historical method and a comparison of the obtained results to try to determine the effects of marriage law and the impact of contractual dispositions on the economic and legal strengthening of the position of women in the society in the second half of the 19th century.

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Principii moderne în organizarea aparatului administrativ în Moldova epocii regulamentare

Principii moderne în organizarea aparatului administrativ în Moldova epocii regulamentare

Author(s): Maria Berceanu / Language(s): Romanian Issue: XLII/2013

The aim of this article is to present the context that led to the beginning of the modernization of the Moldavian Region's administration, the good intentions, especially those of General Kiselev, and the opposing attitude that a large part of the boyars had towards the radical change. Moreover, it emphasizes the new moderne principles inforced by law in order to improve the administration of the state. It shows the great efforts of the authorities to frame and apply the first constitutional laws on January the 1 st 1832, but also some other numerous law regulations from 1832-1858 (the reglementary era), regarding the recruitment conditions as well as the specific tasks for each state functionary.

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Serviciul sanitar al judeţului Covurlui în prima jumătate a secolului al XX-lea. Politică şi legislaţie sanitară

Serviciul sanitar al judeţului Covurlui în prima jumătate a secolului al XX-lea. Politică şi legislaţie sanitară

Author(s): Gabriela Vulpe / Language(s): Romanian Issue: XLII/2013

Institution specialized in the medical field, the Healthcare Department enjoyed a well determined in the Romanian society along its existence, by the established regulations. In its entirety, the health legislation addresses the technical-organizational aspects related to the work of this institution. In order to achieve a single program, the ministries to which it was subordinated (formerly the Ministry of Interior, afterwards the Ministry of Health and Social Security that after the fusion with the Ministry of Labour becomes the Ministry of Labour, Health and Social Security) establish compulsorily, by agreement with the concerned authorities (prefectures, town halls, police, justice, education, culture, church), activity programs and measures in order to improve the medical network which will be involved in local communities issues.

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OSUĐENICI VALPOVAČKOG VLASTELINSTVA 1812.-1847.

OSUĐENICI VALPOVAČKOG VLASTELINSTVA 1812.-1847.

Author(s): Petra Kolesarić / Language(s): Croatian Issue: 21/2021

Based on the list of the manorial estate court of the Valpovo manorial estate, the paper describes the convicts of the Valpovo manor in the first half of the 19th century. The paper provides a brief overview of the history of the Valpovo manor until 1848, as well as the determinants of the judiciary and court practice in the area of Banska Hrvatska and Virovitica County in the first half of the 19th century. Data from sources on convicts were analyzed using descriptive statistics methods, showing the number of convicts, gender and age structure and their differentiation according to place of birth, year of crime, status (marital status, occupation and / or nationality) and confessional structure (exclusively for the period from 1843 to 1847). Also, data on recidivists and convicts were presented with reference to the criminal offenses of abortion and infanticide. The work is limited in time due to the preservation of sources on convicts and covers the period from 1812 and 1816 to 1847.

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Perspective politico-juridice privind interzicerea discriminării pe baza originii rasiale sau etnice pe calea unei Directive la nivel european. Context istoric, politic, evoluții, implementare.

Perspective politico-juridice privind interzicerea discriminării pe baza originii rasiale sau etnice pe calea unei Directive la nivel european. Context istoric, politic, evoluții, implementare.

Author(s): Dezideriu Gergely / Language(s): Romanian Issue: 4/2021

The article attempts to summarize succinctly the historical, political and legal backdrop of the debates that took place in the mid '80s on the legislation against racial discrimination in the European Community, he developments in the '90s and the negotiations that led to the adoption of Directive 2000/43/CE in the summer of 2000. The article summarizes the main governmental and non-governmental positions at a European level regarding the Directive, as well as the path of the Directive during the implementation process in the Member States, from the point of view of the debates, doctrine and the way the European Commission has described the problems and obstacles encountered during the implementation of the Directive at the Union level.

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PRAVNO-POVIJESNI DOKUMENTI I KAZNENOPRAVNA STVARNOST OMIŠA UOČI I NAKON STATUTA IZ 1579. GODINE

PRAVNO-POVIJESNI DOKUMENTI I KAZNENOPRAVNA STVARNOST OMIŠA UOČI I NAKON STATUTA IZ 1579. GODINE

Author(s): Bartul Marušić / Language(s): Croatian Issue: 3/2018

The paper discusses the most interesting historical and legal monuments of the town of Omiš from the High Middle Ages. Then, after an elaboration of the 1444 agreement with the Venetian Republic, already on the brink of the early modern period, there follows a discussion of sources related to the legal and social life of Omiš and Venice on the one hand, as well as Poljica, Ottomans and other neighbouring areas on the other hand. After an interpretation of the Omiš Statute, there is an analysis of the oldest preserved criminal lawsuits from the age of Venetian rule in Omiš, immediately after the adoption of the Statute, which has formally been retained only in parts.

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LJUDEVITINO SELO – SELO KOJE JE NASTAJALO U MUKAMA

LJUDEVITINO SELO – SELO KOJE JE NASTAJALO U MUKAMA

Author(s): Vjenceslav Herout / Language(s): Croatian Issue: 3/2018

The creation of every village should be considered its birthday and be celebrated. In each village there was a change of generations, it grew on everyone regardless of its look and it was the thing of fondness in their memories. Unlike the inhabitants of many villages who do not know the time when their village was created, in the case of Luisendorf (Ljudevitino Selo, Lipovac), that is not so. Its creation is compared to labor, but it is a mild comparison. Whilst labor is measured in hours, the birth of Luisendorf as a village of free families, lasted more than three decades. Luisendorf was, after the abolition of serfdom, was founded by the poorest Czech settlers, those who had insufficient money to buy a steamboat city into the „promised land” of America. Instead, the state authorities of the Habsburg Monarchy, which consisted of the Croatian and Czech lands as well, directed the migration towards the „Hungarian lands” where, because of Ottoman rule which lasted until the end of the 17th century, there was a lot of land left which needed to be cultivated first and put into use of farming production. In the wider Daruvar area, until the mid-19th century there still remained a property of the noble family of Janković. Even though serfdom was abolished in 1848, the Janković family held onto a portion of their property, but they needed to find workers to work on that land. They were found among the settled men by Julije Janković. They could create a settlement and rent a portion of the workable and non-workable surfaces. The rental agreements still primarily protected the rights of the landlord. The result of such interactions was that, after a few years, all the families which founded Luisendorf left it. The birth of Luisendorf was long and painful, lasting more than three decades.

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„Grobis atsidūrė turguje“: grobstytojų tipologija, nelegalaus realizavimo schemos ir baudžiamoji praktika 1945–1947 metais

„Grobis atsidūrė turguje“: grobstytojų tipologija, nelegalaus realizavimo schemos ir baudžiamoji praktika 1945–1947 metais

Author(s): Darius Indrišionis / Language(s): Lithuanian Issue: 48/2021

This research focuses on plunder from variuos co-operative or state institutions (mostly those which had belonged to the Ministry of Internal Trading or the Unity of Co-operatives of Lithuanian SSR) in the first post-war years (1945–1947) in the Lithuanian SSR. The primary source for this article is comprised by 54 criminal cases from the archive of the Supreme Court of the Lithuanian SSR. Cases used in this study were chosen based on one important criteria: that there were not only acts of plunder but also the realization of stolen goods. This would most likely be achieved by selling the goods through various marketplaces (looking from the Soviet point of view, the plundered items belonged to the black market anyway – even if the market activities were not forbidden). Also, the practices of punishment applied in the cases of plunderers and speculators are analyzed. The research shows that even in the very first years of the post-war period, illegal economic processes were widespread in Soviet Lithuania. Plunderers were hitting the Soviet economy hard – despite the harsh practice of punishment, the Soviet government would lose tens of millions of rubles in the Lithuanian SSR each year.

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