Problem konstytucyjności administracyjnego sądownictwa ubezpieczeń społecznych

Author(s): Michał Nowakowski / Language(s): Polish Issue: 1/2012

At the moment of their establishment (1939) and development (1945–1946), the social insurance courts had no sufficient substantiation in the then binding constitutional acts, as its nature, position within the legislation, and organization were incongruent with the provisions of the March and April constitutions. It was so as no space was provided for this special division of administrative judiciary while drawing either of these acts, and the arguments to the contrary formulated at the time are not convincing. Many of the claims about the full coherence of the Act with the constitutions quoted above remain unjustified, which suggests that the authors of the Act were aware of its weakness, both in this scope, and in the scope of the nonexistence of procedures capable of disclosing such weaknesses in the context of the political will to pass the Act (before the second world war) and to establish insurance courts (directly after the second world war). Although it is a paradox, the administrative social insurance courts operating on the power of the pre-war legislation received full constitutional support only in the People’s Republic of Poland, in the stipulations of the Constitution of the People’s Republic of Poland of 1952 and the Act of 15th February 1962 on the Supreme Court enacting its assumptions, among others, through a signifi cant novella of the Act of 28 July 1939 Law on the administrative social insurance courts.

Podstawy prawne organizacji i zasady postępowania w sądownictwie Polskiego Państwa Podziemnego

Author(s): Edyta Kurkowska / Language(s): Polish Issue: 1/2012

The failure to meet the objectives by the civil and military arms of the judiciary of the Second Republic of Poland under wartime occupation made the Polish Underground State start the construction of the judiciary from a scratch. Soldiers and civilians who committed crimes in military organisations were in the jurisdiction of the newly established special military courts. To punish the civilians who committed heavy crimes against the interests of the Polish state, nation, and citizens that required immediate reaction, special civil courts were established. The clandestine judiciary was complemented with judging commissions whose goal was to provide an educational impact on the society in the spirit of reinforcing patriotic, civic, and moral stances. The underground criminal trial was subordinated to the need of preserving maximum conspiracy. Procedures were simplified as far as was possible, and the process guarantees of the accused were drastically reduced, as the accused had no opportunity to become familiar with the charges, submit evidence, or use legal support. At the same time, as far as possible, emphasis was laid on evidence-based investigation and expertise of the judges. Special courts were composed of people with high qualifications, who made sure that all the data about the accused were based on credible sources of information proven to the maximum extent. The published sentences proved to the society that law and the code of civic morality still bind, and the Polish Underground State carries its functions also in the area of the judiciary.

Przepisy Landrechtu Pruskiego z 1794 r. dotyczące pogwałcenia moralności i zdrowia publicznego oraz nierządu

Author(s): Kinga Jackowska / Language(s): Polish Issue: 1/2007

Akcja Oszczędnościowa i jej wpływ na reorganizację ustroju i zmianę kompetencji Prokuratorii Generalnej Rzeczypospolitej Polskiej w 1924 r.

Author(s): Marek Tkaczuk / Language(s): Polish Issue: 1/2007

K vývoji právní subjektivity politických stran

Author(s): Vladimír Mikule / Language(s): Czech Issue: 3/1997

The development of the legal personality of political parties in Czechia has evolved through various legislative changes. Initially, political associations were subject to strict regulations, including restrictions on membership and activities. Over time, political parties gained more recognition and legal status, particularly after the enactment of laws in 1990 and 1991, which formally acknowledged them as legal entities capable of participating in both private and public legal relations. The historical context, including the influence of the Austro-Hungarian legal system and the impact of the communist regime, played a significant role in shaping the legal framework for political parties. The legal status of political parties was often ambiguous, with various interpretations and judicial decisions influencing their recognition and rights. The post-World War II period saw further developments, with political parties being integrated into the National Front and their legal status being gradually clarified. The transition to a democratic system in the late 20th century marked a significant shift, leading to the current legal recognition and regulation of political parties in Czechia.

Německý zvláštní soud (Sondergericht) v Brně - součást nacistického teroru na Moravě

Author(s): František Vašek / Language(s): Czech Issue: 3/1997

The article discusses the establishment and activities of the German Sondergericht (Special Court) in Brno during the Nazi occupation of Moravia and Silesia. This court was part of the Nazi regime's broader system of terror and repression, targeting political opponents and enforcing wartime laws. The court handled numerous cases, including political crimes, economic offenses, and violations of wartime regulations. It worked closely with the Gestapo and other Nazi security agencies to suppress resistance and maintain control. The article highlights specific cases and the harsh penalties imposed, including death sentences for aiding resistance fighters and illegal possession of weapons. The court's activities continued until the liberation of Brno by the Red Army. The article provides detailed statistics on the number of cases handled and the types of offenses prosecuted. It also discusses the broader context of Nazi legal and judicial changes during the occupation.

Konference "Právo politických stran v ČR" na Právnické fakultě Masarykovy univerzity

Author(s): Renata Vlčková / Language(s): Czech Issue: 3/1997

The conference titled "Právo politických stran v ČR" held at the Faculty of Law, Masaryk University, on May 29, 1997, brought together prominent figures from the scientific and political spheres, including members of the Czech Parliament and judiciary. Discussions focused on the legal and political aspects of political parties, their historical development, and their role in society. Key topics included the legal definition of political parties, their internal dynamics, and the regulation of their financing. The conference also addressed controversial issues such as the registration and dissolution of political parties, extremism, and foreign donations. The event provided a platform for both theoretical insights and practical experiences, fostering a rich exchange of ideas.

Poznámky k proceduře rozhodování pléna Ústavního soudu

Author(s): Vojtěch Šimíček / Language(s): Czech Issue: 3/1997

The article discusses the procedural aspects of decision-making by the plenary session of the Constitutional Court of the Czech Republic. It highlights the division of cases between the plenary session and smaller panels, emphasizing the importance of the plenary session in deciding the most serious cases, such as the annulment of laws and constitutional complaints. The article also addresses the quorum requirements and the challenges in interpreting legal provisions related to decision-making. It critiques the current practice of the Constitutional Court, suggesting that the existing procedures may not cover all potential scenarios and proposing possible improvements. The author argues for a consistent approach to decision-making, whether the outcome is to annul or uphold a law, and stresses the need for a qualified majority in significant cases. The discussion includes examples of past decisions and differing opinions among judges, illustrating the complexities and potential inconsistencies in the Court's practice. The article concludes by suggesting that legislative changes might be necessary to ensure clearer and more effective decision-making processes.

Vznik německého zemského soudu v Brně

Author(s): František Vašek / Language(s): Czech Issue: 1/1997

The article discusses the new strike law recently adopted in the Federal Republic of Yugoslavia, which is part of a broader legislative package related to business regulations. The law defines a strike as a work stoppage organized by employees to protect their professional and economic interests. It includes provisions for different types of strikes, such as warning strikes, and outlines the rules for organizing and conducting strikes, including the protection of participants. The law emphasizes the role of state authorities as mediators and supervisors during negotiations. It also addresses the rights of employers, ensuring they can manage their resources during a strike, and specifies conditions under which strikes can be conducted in public interest sectors. The article highlights the importance of balancing the rights of employees and employers and the legal framework's impact on strike activities.

Ještě jednou k otázce pozitivního a "nadpozitivního" práva

Author(s): Vladimír Klokočka / Language(s): Czech Issue: 4/1996

This article by Vladimír Klokočka responds to JUDr. Jan Spáčil's critique of Klokočka's previous work on positive and "super-positive" law. Klokočka acknowledges Spáčil's shift from traditional legal positivism to a modern post-war approach, aligning with Gustav Radbruch's conclusions on the failures of pre-WWII legal positivism. The article discusses the concept of "super-positive" law, which is seen as superior to positive law and rooted in post-war German constitutional law. Klokočka argues that natural law, as part of a democratic legal state, should be applied directly, even if not explicitly defined in legal terms. He emphasizes that fundamental democratic principles and human dignity cannot be fully positivized and must be interpreted philosophically and sociologically. Klokočka also critiques Spáčil's view that natural law becomes valid only when it takes the form of positive law, arguing that natural law principles inherently limit state power. The article concludes by stressing the importance of integrating political principles into constitutional law to ensure the legitimacy and stability of a democratic legal state.

K otázce ústavní ochrany společnosti a státu de lege lata a de lege ferenda

Author(s): Jan Filip / Language(s): Czech Issue: 4/1996

The article discusses the constitutional protection of society and the state in the Czech Republic, emphasizing the importance of the state's existence and functioning for individuals and society. It outlines the normative projection of the Czech Republic as a free, sovereign, and democratic state, based on respect for human rights and principles of civil society. The article examines the legal framework for protecting this normative state, including responses to deviations from the norm such as states of emergency, war, and other extraordinary situations. It highlights the absence of explicit provisions for extraordinary states in the current constitutional order and the need for legal instruments to ensure the state's normal functioning. Historical events like the disintegration of the Habsburg monarchy, the destruction of the state in 1938-1939, and changes in the political system in 1948 and 1989 are referenced. The article also discusses the role of constitutional law in defining rules of conduct during threats to the state's existence and democratic system. It calls for a systematic legal framework to address extraordinary situations and protect the state's fundamental conditions.

Celní předpisy v německém celním spolku

Author(s): Ladislav Vojáček / Language(s): Czech Issue: 4/1996

The article discusses the formation and evolution of the **German Customs Union (Zollverein)**, which began on January 1, 1834, with the participation of several German states including Prussia, Bavaria, and Saxony. Over time, more states joined, expanding the union's territory and population. The Zollverein aimed to create a unified economic area by standardizing customs regulations and tariffs. The article highlights the administrative and legislative processes involved in the union's operation, including the role of general customs conferences and the introduction of new customs laws. It also addresses the challenges faced, such as the need for unanimous decisions and the integration of new member states. The Zollverein played a crucial role in the economic unification of Germany, setting the stage for political unification. The article references various historical documents and treaties that shaped the customs union's development.

Konference Církev a stát 1996

Author(s): Michal Lamparter / Language(s): Czech Issue: 3/1996

The conference "Church and State 1996" held at Masaryk University focused on the relationship between churches and the state, addressing theoretical and practical issues. Key discussions included the restitution of church property, the role of religious institutions in modern society, and the interpretation of constitutional principles. Notable contributions came from legal experts and religious leaders, highlighting the importance of respecting property rights and the autonomy of religious organizations. The conference underscored the need for cooperation between the state and churches, especially in areas where their interests intersect. It also emphasized the significance of maintaining constitutional principles in contemporary society. The event concluded with positive feedback from participants, who appreciated the depth and relevance of the discussions. The conference's success was attributed to the diverse perspectives and the high level of academic and practical insights shared.

Zákon o soudní rehabilitaci č. 82/1968 Sb. jako výraz právní diskontinuity vývoje v 50. a 60. letech

Author(s): Jaromír Císař / Language(s): Czech Issue: 1/1996

The article discusses the Law on Judicial Rehabilitation No. 82/1968 Sb. in Czechoslovakia, which aimed to address injustices from the 1950s political trials. It highlights the Prague Spring as a pivotal moment for legal reforms, leading to the creation of the law. The law provided a framework for rehabilitating unjustly convicted individuals, emphasizing the need for a formal legal process. It also addressed the limitations of previous rehabilitation efforts and the political compromises involved. The article details the procedures and criteria for rehabilitation, including the establishment of special senates and the role of the Supreme Court. It also mentions the financial implications and the partial restitution of property. The law's impact was significant but limited by political and legal constraints of the time.

Činnost meziministerské pohraniční komise v roce 1947

Author(s): Ladislav Vojáček / Language(s): Czech Issue: 1/1996

The article discusses the activities of the Interministerial Border Commission (MPK) in Czechoslovakia during 1946-1947, focusing on the continuity of legislative proposals to strengthen national defense and security. It highlights the myth that extensive security measures at state borders only began with post-war Czechoslovakia, showing that these ideas were already being developed in the early post-war years. The MPK aimed to protect borders not just for economic reasons but primarily for military and police purposes. The commission's work was influenced by pre-war measures and the traumatic experiences of the Munich Agreement and subsequent occupation. The MPK's proposals often prioritized security interests over economic and social considerations, leading to significant restrictions on citizens' rights. The commission's efforts included creating a border security zone, resettling border areas, and organizing forces to guard state borders. The article also notes the influence of the Communist Ministry of the Interior on the commission's work and the general public's support for these measures due to the prevailing sense of insecurity.

Rakouská praxe převádění a přechodu práva

Author(s): Heinz Schäffer / Language(s): Czech Issue: 1/1996

This paper is a translated part of the presentation presented in the framework of the inter-industry symposium, "Problems of transfer of rights in the Czech Republic, Hungary, Poland and the Slovak Republic", which took place in Prague on the 6th-7th October 1994. The paper has been edited. The document discusses the legal transitions and adaptations in Austria's constitutional and legal framework from the early 20th century to the post-World War II era. It highlights the establishment of the First Republic in 1918, the constitutional changes in 1920, and the impact of the 1934 authoritarian constitution. The document also covers the legal implications of Austria's annexation by Nazi Germany in 1938 and the subsequent restoration of Austrian sovereignty in 1945. It emphasizes the continuity and discontinuity in legal norms and the challenges of integrating various legal systems. The text provides detailed examples of legal transitions, including the incorporation of Burgenland and the adjustments made during the Second Republic. The focus is on the legal mechanisms used to ensure stability and continuity in Austria's legal order despite political upheavals.

K problematice časové působnosti právních norem občanského zákoníku

Author(s): Martin Sobotka / Language(s): Czech Issue: 1/1996

The article is a student paper. It delves into the temporal applicability of legal norms within the Czech Civil Code. It explores the relationship between legal norms and time, particularly focusing on cases where legal norms have retroactive effects. The discussion includes general theories of retroactivity and mentions current legal regulations. Sobotka emphasizes that legal norms should ideally apply prospectively, but acknowledges instances where retroactivity is unavoidable. The article also differentiates between true and false retroactivity, highlighting the complexities and challenges in applying new legal norms to existing legal relationships. The importance of protecting acquired rights and the principle of non-retroactivity in criminal law are also discussed. The work references the theories of A. Procházka and V. Knapp, among others, to provide a comprehensive analysis of the subject.

Vědecká konference "Právny štát v histórií a súčasnosti"

Author(s): Miloš Večeřa / Language(s): Czech Issue: 1/1996

The scientific conference titled "Právní stát v historii a současnosti" was organized by the Institute of State and Law of the Slovak Academy of Sciences from October 4-6, 1995, in Piešťany. The conference gathered representatives from all law faculties in the Czech Republic, researchers from the Slovak and Czech Academies of Sciences, and other experts from various fields such as sociology, philosophy, and political science. Key presentations included Dr. Miloš Večeřa's analysis of the modern state as a legal and social state, Dr. Drahomíra Houbová's discussion on the legal effects of derogatory findings by the Constitutional Court of the Czech Republic, and Dr. Alexander Brostl's summary of the basic principles of the rule of law. The conference also featured discussions on the relationship between law and power, the role of judges in law-making, and the ethical aspects of legal practice. Over twenty contributions from the conference will be published in a special issue of the Slovak journal "Právny obzor."

O stylu przemówień sądowych Eugeniusza Śmiarowskiego z lat 1920–1925

Author(s): Anna Wojciechowska / Language(s): Polish Issue: XXXII/2023

The research explores the speeches by Eugeniusz Śmiarowski entitled “Defence Speeches” and published in 1926 (1920-1925). The texts under investigation follow a genre pattern of a court speech. The analysis focuses on the stylistic aspect of the genre pattern and is based on the assumption that the language choices of the subject of the statement, predicted within the genre, depend on various aspects. The aim of the article is to show the factors affecting the style of E. Śmiarowski’s speeches. Findings prove that the author’s linguistic choices were influenced by the historical, social, and biographical contexts. The stylistic shape of his speeches is fundamentally consistent with the art of judicial eloquence. Distinguishing features should be associated with the situation (the beginnings of Polish independence), the topic of the case, and the subject’s attitude towards the world, and with the structure of speech. Mainly in its framework parts (in the introduction and conclusion), one can see the subjectivity, the privacy of the subject of the statement, and the means of emotionalising the utterance. The research fills a void in the literature since Śmiarowski’s speeches have not been examined before. It would be interesting to compare the texts with the speeches of other prominent court speakers from a century ago.

NATIONAL REFERENDUM IN REPUBLIC OF BULGARIA

Author(s): Maria Neikova,Barbara Węglarz / Language(s): English Issue: 1/2023

A referendum, which is a form of expressing the will of citizens, plays an important role in democratic state systems. It is a tool that complements the model of representative power that is dominant in many countries, allowing citizens to directly participate in the decision-making process. In this context, the referendum, as a tool that complements the representative form of government, has found its place in the constitutions of many post-communist countries in Europe, including Bulgaria. The article presents an analysis of the national referendums of this Balkan country, taking into account both the historical context and current legal provisions regulating this form of civic participation. The analysis is based on a review of legal provisions and a study of historical examples of referendums in Bulgaria, including those related to political transformations after the communist period. In the context of the current challenges of democracy and public participation, the analysis of national referendums in Bulgaria aims to provide a deeper understanding of the role of this form of direct democracy in the Bulgarian political system and the possible implications for the future of citizen participation in the decision-making process.