"Zlaté rybičky" aneb jde platit náhradu škody za res nullius?

Author(s): Jaroslav Knotek / Language(s): Czech / Issue: 3/2006

S účinností od 14. dubna tohoto roku došlo k významově poměrně zásadní novelizaci zákona č. 115/2000 Sb., o poskytování náhrad škod způsobe­ných vybranými zvláště chráněnými živočichy, ve zně­ní pozdějších předpisů (dále jen zákon o náhradách). V čem lze význam této novely provedené v rám­ci zákona č. 130/2006 Sb., kterým se mění zákon č. 154/2000 Sb., o šlechtění, plemenitbě a evidenci hospodářských zvířat a o změně některých souvise­jících zákonů (plemenářský zákon), ve znění pozdějších předpisů a některé další zákony (dále jen novela) spatřovat? Nota bene, jde-li o novelu spočívající v do­plnění všeho všudy sedmi slov do stávajícího zákona o náhradách? Je to právě v samé podstatě provedené novely, která výrazně vybočuje z dosavadních manti­nelů zákona o náhradách a možná nejen jich.

(In)Efficient Use of International Law: Case Study of the Dayton System in BiH

Author(s): Tomáš Jungwirth / Language(s): English / Issue: 4/2013

This paper aims to analyse the existent legal and political system of Bosnia and Herzegovina from the viewpoint of effective applicability of international law. It first deals with the general issue of the relationship between international law, domestic political structures and the individual, consequently moving to the specific case study of the Dayton system. The question arises whether such an excessive intervention was at all capable of establishing a stable institutional framework and of uprooting the enmities between the sides to the conflict. Certain criteria for the effective application of international law are drafted, in light of which the presented data are evaluated. A critical conclusion follows, defining the key setbacks of the Dayton system and hinting to possible alternative approaches.

(Ne)konzistentnost “diferenciranog građanstva” u Preporukama za promjenu Ustava Federacije BiH

Author(s): Nedim Kulenović / Language(s): Bosnian,Croatian,Serbian / Issue: 13/2013

Jedna od karakteristika ustavnih sistema u BiH, pa i onog Federacije BiH, jeste postojanje interne antinomičnosti koja se ogleda u činjenici da su “pojedina ustavna rješenja uzajamno proturječna, i da se, unatoč jednakoj pravnoj snazi, uzajamno isključuju”. Ekspertna grupa za reformu Ustava Federacije Bosne i Hercegovine (Ekspertna grupa) za regulativno područje ljudskih prava i osnovnih sloboda u Ustavu FBiH zapaža da u smislu antinomičnosti postoji “nekonzistentnost” između garantovanih ljudskih prava. Posebno se ističe pravo na nediskriminaciju iz normativnog dijela i preambule Ustava FBiH, gdje se vrši “nominalno razlikovanje” nosilaca suvereniteta, a što u konačnici vodi “različit[om] tretman[u] u pravima”.

(Ne)konzistentnost „diferenciranog građanstva“ u Preporukama za promjenu Ustava Federacije BiH

Author(s): Nedim Kulenović / Language(s): Bosnian / Publication Year: 2013

U ovom veoma kratkom osvrtu razmotrene su posljedice koje dalja institucionalizacija „diferenciranog građanstva“ ima po prava pripadnika grupe koja se prethodno imenovala kao „Ostali“. Iako nisu provedena dublja teorijska razmatranja samog koncepta „diferenciranog građanstva“, i njegove opravdanosti u bosanskohercegovačkom kontekstu, uočen je značajan stepen nekonzistentnosti u njegovom modeliranju u Preporukama ekspertne grupe. Naime, ovakvo rješenje može rezultirati daljim različitim postupanjem, sada između dvije kategorije „Ostalih“, odnosno pripadnika nacionalnih manjina i etnički neopredijeljenih, a čije je barem pravno opravdanje veoma upitno. Ako je ovo zaista bila namjera Ekspertne grupe takva vrsta sistematskog isključivanja jedne kategorije građana iz participacije u strukturama vlasti FBiH zahtijevala bi naročitu vrstu opravdanja – kako s aspekta prava, tako i političke teorije – a koja ni u Preporukama, ni u Analizi, nije ponuđena. Ukoliko je, međutim, ovo posljedica omaške u formulisanju preporuka, nužno je pristupiti njihovom temeljitom usklađivanju, od definicije Federacije pa na dalje, s obzirom da se ova „greška“ spominje u više od dvadeset preporuka. Mora se na kraju upozoriti da još uvijek postoji teorijsko neslaganje u pogledu izvršenja balansiranja između etničkog i građanskog elementa u ustavnopravnom uređenju BiH. To je rezultiralo različitim institucionalnim modelima, od onog na nivou države i entiteta, do Brčko Distrikta BiH, odnosno Kantona Sarajevo, koji se karakterišu različitim intenzitetom etniziranja prava, odnosno diferenciranja građanstva. Nužno je biti pažljiv kako se u daljim pokušajima pluralizacije postojećih etnokratskih aranžmana na nivou entiteta ne bi prekludirala mogućnost da se naročito u kantonima – koji će sada postojati kao pojedinačne „laboratorije etničkog upravljanja“ – osigura veći spektar prava pripadnicima nacionalnih manjina i etnički neopredijeljenim od onoga što je moguće ostvariti na Federalnom i višim nivoima vlasti.

(Nejen) tržní řády v ústavní pasti

Author(s): Stanislav Kadečka / Language(s): Czech / Issue: 1/2001

The article points to the important (for law theory as well as praxis) problem of position of substatutory law in relation to the constitutionally guaranteed free­dom of business activities. The author mentions espe­cially the article 18 of the Trade Act and the article 26 of the Charter of Fundamental Rights and Freedoms. The article also describes as though new law situation - the article 10 of the Municipal Act, and the article 96 of the Protection of Public Health Act. The text is then concerned with some (in their conclusions) different findings of the Czech Constitutional Court and their consequences. Finally author of the text summa­rises and concludes that there is necessity of change of judicature of the Constitutional Court and presents two possible ways of this change.

(Nie)konstytucyjne przeciwdziałanie przestępczości na tle seksualnym wobec nieletnich

Author(s): Natalia Woszczyk / Language(s): Polish / Issue: 3/2018

The article addresses the issue of alterations to the bill preventing sexually motivated crime in relation to the constitutional rights. The author presents and analyses the new regulation with emphasis on the unknown for the polish legal system solutions such as Sex Offenders Registry which will be accessible in two versions: with limited access and to the general public, and a publicly available map of sexual crime threats. What is more, doubts are raised as to the effectiveness of the measures to reduce sexual offenses.

(R)EVOLUCIJA IDEJE USTAVNE VLADAVINE

Author(s): Edin Djedović / Language(s): Bosnian / Issue: 19/2018

The basic idea of constitutionalism is the ideal of constitutionally limited authority. However, through the longest period of human civilization as a form of government appears monarchy which was based on the postulates of the Divine origin of both the government and the ruler and his undeniable and unlimited power. The evolution of the idea of citizens as the original bearers of sovereign authority and the need of government constraints evolved gradually, especially during the Middle Ages, to bring about the true revolution with the enlightenment of the 18th century when it became the theoretical and positive legal basis of contemporary democratic constitutions. In this (r)evolutionary emergence, the Declaration of Independence of the United States from 1776 and the Declaration of the Rights of Human and Citizen of 1789 played a crucial role as the crown of the struggle for equality and freedom of citizens on the universal values of natural law.

(Не)уставност и (не)законитост уредбе о минимуму процеса рада у образовним установама у Републици Српској

Author(s): Goran Marković,Dimitrije Ćeranić / Language(s): Serbian / Issue: 1/2012

In 2012 Government of Republic of Srpska adopted the Regulation on minimum work process and the method of its providing in the educational institutions and institutions of school and student accommodation. Government predicted that the minimum of work process has to be secured in these branches in the case of a strike. The authors deny existence of the constitutional and legal basis for the adoption of this regulation, arguing that the Government is in breach of the Constitution and the Law on strike. Denying the Government’s arguments, the authors argue that there is a legal basis for implementation of the procedure in front of the Constitutional Court of Republic of Srpska in order to negate constitutionality and legality of the Regulation.

0 uzrocima krize zajedništva i različitim idejnim koncepcijama

Author(s): Zdravko Tomac / Language(s): Croatian / Issue: 04/1982

The widely differing opinions voiced on the causes of the crisis in Yugoslav commonness are the result of different ideological tendencies. The author analyzes those views which seek the causes of the crisis in the constitutional model of Yugoslav federalism and argues against such concepts. The article points out to certain substantive deviations in the practical functioning and development of some institutions from their concept as defined in the constitution and considers them the main causes of the difficulties in realizing Yugoslav commonness. Detailed account is made of the reasons why the character of statehood of the constituent socialist republics has strengthened, why the notions of state and nation are being increasingly identified. The causes of group-property tendencies are outlined, with special reference to the problem of realisation of the constitutional concept of the federation. The conclusion is suggested that the main cause of the crisis of commonness lies in the growing tendency reduce Yugoslav federalism to relations among republic-states in the tact that almost all interests are mediated through the republican states, and in the failure to evolve in practice the constitutional model of association and linkage of different interests through self-management and without the mediation of republican states.

140 години от създаването на Търновската конституция

Author(s): Hristo Paunov / Language(s): Bulgarian / Publication Year: 0

Contemporary Bulgarian constitutionalism has deep and solid foundations laid in the National Revival era. On April 16, 1879, representatives of the Bulgarian people, gathered in the old Bulgarian capital – Tarnovo, adopted the Constitution of the Bulgarian Princedom, known as the Tarnovo Constitution. It is the first Bulgarian founding act that revived Bulgaria for a new political life, paving the way to its modern European statehood. This paper is dedicated to the 140th anniversary of the adoption of the Tarnovo Constitution.

1866-1947: CONSTITUŢIONALISM ŞI AUTOCRAŢIE LA ROMÂNI

Author(s): Ioan Stanomir / Language(s): Romanian / Issue: 83/2016

The aim of this paper is to trace back the origins of the two conflicting traditions that exist within the framework of the Romanian constitutional history. Between 1822 and 1947, the Romanian constitutional dynamics has been shaped by the aspiration to borrow extensively from the belgium, french and english public law, with the purpose to set up a political regime of constitutional monarchy and ideological moderation. The 1866 constitution is the climax and the coronation of this prolonged effort. There is, however, an alternative legal paradigm evolving in the same period, an alternative promoting the idea of autocracy. By eliminating the checks and balances guarantees and by curtailing severely human rights, this autocratic approach managed, between 1938 and 1944, to impose its own agenda, by dismantling the rule of law state. The legal and political conversation between these two traditions is at the the very centre of Romanian modernization.

1961 Anayasa Referandumu ve DP Tabanı

Author(s): Fatih Tuğluoğlu / Language(s): Turkish / Issue: 24/2019

On May 27, 1960, the national unity committee, which seized power under military intervention, invited universities to refer to constitutional lawyers for the preparation of a new constitution. In the prepared 1961 constitution, it was desired to find solutions to political problems and uneasiness, economic troubles and social problems in the period when the DP was in power. The adoption of the new constitution, which was presented to the public with the referendum, was deemed necessary to return civilian life. Although the referendum activities, which started in an environment where the DP’s political life was terminated, seemed to be the scene of the propaganda of supporters of the constitution, the AP was set up to appeal to the DP voters, especially in the Western Anatolia region. The National Unity Committee has also sent its members to visit the country to discuss with the people and asked the public to accept the new constitution for the new period’s needs and the political controversies of the old era. The fact that the Constitutional Court had a numerical superiority in the founding parliament, which prepared the constitution, and the speeches of the CHP’s spokespersons who had adopted the constitution, caused the DP base to vote in a bad way. The result of the referendum was unexpectedly different because of the negative propaganda and the election of the DP, which were undergoing the secretly, and the participation was high, but not even 70 percent of the vote. The majority of negative votes were the military coup of the DP base and a reaction to the living process. While the result was welcomed in AP, which regarded the future as a hope for power, the National Unity Committee considered that the constitution was acceptable. The outcome of the referendum campaign with the support of the state and the support of the three parties is similar to that of the vote in the elections of 1957, and it is understood that the provinces that supported the DP voted no to the constitution.

20 Years of “Autonomy” For the Gagauz: Reflections on Devolutionary Trends in the Republic Of Moldova

Author(s): Larisa Patlis,Judithanne Scourfield MCLauchlan / Language(s): English / Issue: 01/2015

The Republic of Moldova, a small country landlocked between Romania to the west and the Ukraine to the east, is arguably the most complex of the fifteen countries born out of the collapse of the Soviet Union. Moldova is a borderland that is deeply divided between Romanian speakers drawn towards the European Union and Russian speakers who continue to feel the tug of old ties to Moscow. While Moldova may be on the path toward European integration, in many ways it is a country stuck in the unresolved problems of a Soviet past, especially with respect to territorial and national integrity. Our research will focus on the devolved region in the Republic of Moldova: Gagauzia. Much scholarship is devoted to study of the de facto state of Transnistria, but the situation in the autonomous region of Gagauzia is no less important. Upon the 20th Anniversary of the Gagauz Autonomy, we will provide an overview of the developments in Gagauzia from the proclamation of the Gagauz Republic and the conflict it generated to the present state of affairs in Gagauz Autonomy. We will then evaluate problems and prospects for devolution in Moldova, identifying some acute issues in Chisinau‐Komrat relations. Onceconsidered a success and a potential model for settlement of other conflicts in post‐ Soviet space, we will consider whether autonomy in Gagauzia has been achieved.

20 години от приемането на Закона за администрацията

Author(s): Konstantin Pehlivanov / Language(s): Bulgarian / Publication Year: 0

20 years ago, the Administration Act was adopted, one of the acts underestimated in our law, which, however, successfully plays the role of a basic governing act that sets the basic rules for the structure of the executive power. Although criticized and demanding improvement, the Act succeeded in creating a legal framework for the structure of the administration following the different legal and organizational structures inherited by socialism and the spontaneous changes thereafter. The report briefly examines the major contributions of the law and the development of the ministerial rank created under this law.

2010 Amendments to the Polish Energy Law

Author(s): Filip Elżanowski / Language(s): English / Issue: 5/2011

2014 ALTERNATIVE PROGRESS REPORT: POLITICAL CRITERIA

Author(s): / Language(s): English / Issue: 3/2014

This is the second Alternative Progress Report on Bosnia and Herzegovina’s path towards the EU membership. The report is a joint effort of dozens of individuals and organizations whose common goal was to show the current state of integration of Bosnia and Herzegovina from the perspective of civil society organizations. Having in mind that the official Progress Report on Bosnia and Herzegovina is a political report of the European Commission, we believe that the publication of the Alternative report can affect its content. Because of this, we are publishing this Alternative Progress Report nearly three months before the publication of the official one, hoping that it will have an impact on the formulation of the formal report. The report completely relies on the so-called political criteria, focusing on the following questions: - Democracy and the functionality of the State, - Rule of law and corruption, - Human rights, especially the rights of minorities and vulnerable groups, and - Transitional Justice During the 2013 and 2014, we have witnessed that no relevant progress has been achieved. The process of implementation of the Sejdić and Finci v. Bosnia and Herzegovina ruling is completely displaced from the Parliament. Performance of the democratic parliaments and governments on state, entity and cantonal levels is extremely low. The work of the institutions is characterized as unstable, inefficient and with notable lack of transparency. The decisions of the constitutional courts are still not implemented. No significant and systematic policies to combat human rights violations have been adopted. Judicial reform has been stopped and Structured Dialogue on Justice between B&H and the EU does not show any progress. Not a single significant case of corruption has been processed. Minority and vulnerable groups still live in difficult conditions. Discrimination and violence are all-present, and the law on prohibition of discrimination did not show the expected results, having in mind that five years after the enactment of the law, only two final judgments were passed. Comprehensive anti-discrimination policies for social integration either do not exist, or are almost never applied. Floods additionally hit the most vulnerable groups in society. Furthermore, the most vulnerable groups in society have been affected by the recent floods. The prosecution of war crimes and dealing with the past, as prerequisites for creating a healthy environment and building a common state, represent an additional problem. Political support for war criminals by the leaders of political parties only further divide the already highly fragmented society. We hope that the general elections in October of 2014 (although held by discriminatory rules) will bring more stable political structure, ready to face different problems. Initiative for the Monitoring of the European Integration of Bosnia and Herzegovina will certainly advocate change, in terms of adopting new laws and policies, and the implementation thereof. We also hope that the BiH authorities and the EU institutions will support a stronger representation of civil society within the various forums within the EU integration. Civil society must become the third actor in this process along with the State and EU institutions.

24. konference Církev a stát, Brno, září 2018

Author(s): Záboj Horák / Language(s): Czech / Issue: 73/2018

25. godišnjica Dejtonskog mirovnog sporazuma: dosezi i problemi u izgradnji mira i funkcionalne države Bosne i Hercegovine

Author(s): Zijad Šehić / Language(s): Bosnian / Issue: 01+02/2020

The Dayton Peace Agreement was the result of a compromise, which was its greatest weakness. Instead of being the result of a careful and studious concerted effort to find the right solutions for the lasting peace in the region, for the West the Dayton Peace Agreement was just another in a series of efforts to find an instrument that can achieve the declared political goals. Holbrooke considered the agreement, which had been imposed by himself on the warring parties, to be generally satisfactory, because it stopped the war and established a unified state, reflecting the primary objectives of the United States in Bosnia and Herzegovina. That however, in his opinion, does not meant that the Dayton Peace Agreement is perfect, acknowledging some weaknesses in it. For some time, certain voices from Bosnia and Herzegovina and the international representatives are calling for a modification of the provisions of the Dayton Peace Agreement. Some appeal to the convening of the Dayton II, in order to correct deficiencies of the original plan, which could be clearly seen due to its inefficient implementation. The division of the country into two territorial entities is a fundamental weakness of the Dayton Peace Agreement since it prevents the proper functioning of Bosnia and Herzegovina. The international community has insisted that the two entities strictly implement the Dayton Peace Agreement, but did not know how to fulfill the provisions of Annex 7 of the General Framework Agreement related to the return of refugees, the most important question for the future demographic picture of BiH society. The solution provided by the US diplomats in Dayton is mainly pragmatic one and reflects the balance of military power in the region. In Dayton, the basic rule of international law which stipulates that the international community does not accept the violent conquest and annexation of the territory of another state has been fully respected; this represents the main value of the peace agreement. Confirming the international legal norm of uti possidetis iuris, the signatories of the Dayton Accords have confirmed that norm as the fundament on which the international order has been built on.

51. kongres Essener Gespräche zum Thema Staat und Kirche, Mülheim an der Ruhr, březen 2016

Author(s): Záboj Horák / Language(s): Czech / Issue: 64/2016

52. kongres Essener Gespräche zum Thema Staat und Kirche, Mülheim an der Ruhr, březen 2017

Author(s): Záboj Horák / Language(s): Czech / Issue: 67/2017