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According to Article 63 of the Constitution of the Republicof Poland and the Act on Petitions local self-government units and their authoritiesare not authorized to submit petitions to the Sejm. However, the provisions do notexclude such a situation where persons who discharge a public function in authoritiesof local self-government units submit individual or collective petitions.
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The right to sue for famous people whose names or brands are used as Internet domain names by cybersquatter has not been regulated in the Law on Trademark in Indonesia. This situation raises questions concerning the certainty of Trademark Law for famous people in claiming for civil compensation against cybersquatters. In this research, This study applies a normative juridical method focusing on the applicable legal provisions, The specification of this research is analytical descriptive, namely, by providing facts about the use of famous trademark names as internet domain names, as well as the right for the famous person to file a claim based on the provisions of the ITE and Trademark Law that can be used as a legal basis for compensation claims against cybersquatters. Results show that the Trademark Law has not yet implemented the principle of legal certainty in protecting famous people who are victims of cybersquatting in Indonesia, particularly in regards to their right to sue for civil compensation, because it did not yet have norms or rules governing the right to claim for civil compensation for famous people whose trademarks (names) are used as domain names by cybersquatters. The concept of regulating trademark in Indonesia needs to include norms or rules regarding the right to sue for civil compensation for famous people who are victims of cybersquatting in Indonesia.
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The aim of the article is to demonstrate the possibility and validity of classifying the actions of pro-life activists who display photos of dead human foetuses in public spaces as falling under Article 51 para. 1 of the Code of Petty Offences. For this purpose, linguistic, historical, teleological, comparative and systemic interpretation was used. The article demonstrates that presenting large-format pictures of bloody, sometimes fragmented human foetuses on billboards, in public spaces such as streets, squares and parking lots, disturbs public peace, causes a scandal and may even disturb public order. The conduct of pro-life activists can also be classed as public indecency. In Poland it is not acceptable, nor is it compatible with common custom or the norms of social coexistence, to impose on people in public spaces photographs of bloody, torn apart human corpses. The intentional conduct of pro-life activists with regard to the actions taken is sufficient to hold them accountable. Yet as described in Article 51 para. 1 of the CoPO, the effects do not have to be intentional; it is enough that they envisaged or at least could have predicted that their actions would disturb the peace or public order, or cause a scandal. For the application of Article 51 para. 1 of the CoPO it is also enough that the disturbance of peace or public order or a scandal is caused by at least one individual.
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The section aims to present 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 Gazette of Romania and republished laws.
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The section contains a selection of the most important decisions of the Romanian Constitutional Court. The decisions are summarized and grouped by law subjects. The Official Gazette in which the decisions have been published is indicated, as well as the contested legislation and the pronounced solutions.
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In Europe, the involvement of the citizen in the life of the city has been a method of leveling the relations between administrative and governed authorities since the 1960s. Until then, it had been dominated by lack of communication and excessive bureaucracy. Lack of reaction, distancing from political and administrative life, absenteism, lack of civic culture in certain situations, are some of the factors that negatively influence what we call, in large part, participatory democracy, implicitly the chance of those governed to impose their opinions or to meet those who govern them and who, paradoxically, constantly ask them to be transparent, efficient in communication and to make timely decisions. Our article wants to highlight to what extent the classic methods of citizen involvement in decision-making are still effective and, especially, why democracy of this type has gained new value, lately being obviously influenced more and more by social networks.
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The section aims to present 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 Gazette of Romania and republished laws.
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Case Law Summaries – Constitutional Court of Romania – March-April 2021
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This article deals with some controversial issues regarding the summoning procedure and the notice of procedural documents at the chosen address of the party, short considerations being made regarding the HCCJ Decision no. 57/28 September 2020, issued by the panel (of judges) for clarifying legal issues. This Decision, through which the referral to issue a preliminary decision was declared inadmissible, is of great interest through the HCCJ reasoning regarding the specific case in which the chosen address of the party is either a law office or a law firm.
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Approximately eight months after Law no. 196/2020 entered into force, considering the fact that it has been applied by the courts in tens of thousands of case files, it would have been expected that the legal doctrine and the practice would have been oriented towards the uniform interpretation of art. 4 (3) from Law no. 297/2018, which has been introduced into the positive law by the Law no. 196/2020. However, presently, opinions are more divided than they had been when Law no. 196/2020 entered into force, because there is no consensus about the scope of enforceable titles for which this normative act was conceived. Dealing with a law that appears to lack legitimacy and which generates additional costs, the creditors are waiting for the Constitutional Court to intervene, hoping that it will clarify, even through a decision rejecting the objections of unconstitutionality, the path to be followed in interpreting and applying Law. no. 196/2020.
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The section aims to present 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 Gazette of Romania and republished laws.
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The present scientific approach, springing from the practical, concrete needs, appeared in the space of manifestation of the role of one of the fundamental institutions of the Romanian state, is based on the wider and more complex reality of Romania’s international commitments, particularly the issue to fulfil the obligations arising from its status as a full member of the European Union, in terms of the application of European law, in respect of its fundamental values in relation to the national legal order, especially the priority over the rules of national law.At a conceptual, theoretical level, given these decisive influences of European law on the process of creating Romanian law, in the effective crystallization of the sources of positive law, by virtue of Romania’s accession to the EU treaties, the article intends to assess some possible coordinates of the process of reform of the Legislative Council, under the aspect of its obligations on the line of legislative harmonization, in application of the provisions of Article 79 of the Constitution, regarding the essential role of this institution in terms of systematization, unification and coordination of all national legislation. From such a perspective, it is confined to the research of the correlation between the needs of the state, in this case the obligations imposed constitutionally on all public authorities, according to Article 148 of the fundamental act and the concrete realities of the phenomenon, in the projection of the organization and functioning of the Legislative Council, the author advances concrete solutions meant to ensure its institutional adequacy to the weight and dynamics of the European legislation, in a continuous change, in the context of increased institutional efficiency.
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Numerous constitutional references to „family” raise the question of how – at this level of sources of law – should we interpret this concept and what are the consequences of adopting a specific interpretation of the constitutional foundations of family law. It is explained that the constitutional model of the family is an expression of a specific axiological choice that prefers the model of social relations based on the marriage between woman and man, and a stable and lasting community of parents and their children. The references to the jurisprudence of the Constitutional Tribunal show that the family is perceived as an important constitutional value. Its protection is meant to take measures to strengthen mutual relations between family members and to create conditions enabling them to exercise their mutual rights and obligations. It is therefore problematic for the legislator to use such definitions of the family which, in the process of their interpretation, identify it solely on the basis of the criterion of joint management or income community. The financial support of the family must take into account the principle of subsidiarity. Therefore, it cannot lead to the granting of public funds to communities in which the basic obligations of family members are not fulfilled.
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The article focuses on the openness of judicial proceedings, in particular the openness of the trial, considered as an important element of the constitutional right to a trial, the requirement of procedural fairness and the condition for maintaining the social legitimacy of the judiciary. The immediate context for the considerations is determined by the changes introduced by the Act of May 28, 2021 amending the Act – the Polish Code of Civil Procedure and certain other acts, making it possible to limit the openness of court proceedings in relation to the occurrence of an epidemiological emergency. The author draws the attention to transformations in the constitutional position and ways of perceiving the legitimacy of courts in modern constitutional democracies. The increasing role of courts in settling major political disputes, resolving social conflicts, controlling governmental authorities and enabling citizens to hold representatives of the authorities accountable for their decisions renders participation in judicial proceedings one of the fundamental democratic activities nowadays. The author also indicates that the trial (as a fundamental form of communication between judges and citizens and a special phase of proceedings allowing the court to deeply examine the facts of the case and to learn the prevailing understanding among citizens of the values and principles on which the legal order is based) is a key measure to achieve the principles of procedural justice during the course of specific proceedings and to establish trust in the third power before the public. Openness of judicial proceedings, especially the trial, is a condition for the courts to maintain a reflexive attitude in the process of ruling and thus to deepen the social legitimacy of the judiciary based on trust.
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In the current legal discourse, the concept of dignity is becoming more common. It is considered the highest axiom, which every violation deserves to be condemned. However, we forget about the conceptual basis of a given concept, its history and original overtones. We do not remember that certain concepts are created solely to systematize the created or existing social and political situations. The purpose of the article is to attempt to answer the question of how to understand the concept of dignity in legal discourse. It is worth bearing in mind that dignity is indicated as "this" (value or maybe something else) from which human rights originate. That is why it should be rejected as a value because the value itself is not a value. However, one must opt for an objective understanding of dignity, rejecting its moral background proposed, among others by the doctrine of the Catholic Church, if we want to treat it as a legal category.
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In the study of the substantive legal grounds for the resolution of territorial disputes, the judicial form is characterized by the priority of the grounds of legal title (agreemental title, uti possidetis) based on international treaties, or legal acts of the state possessing sovereignty over the grounds of actual title (effective occupation and governning of the territory, tacit recognition, prescriptional acquisition). Like the initial occupation, the acquisition of territory on the basis of prescription has a long and effective occupation of territory as a prerequisite. The possession of alien or contested territory without a treaty may be legal and enforceable only when there is an inviolable, uninterrupted and undisputed exercise of possession. Where the disputable territory is infact administrated by a state other than that which holds title, the International Court of Justice gives preference to the title holder.
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For as long as Kosovo is not a member of the UNO and other mechanisms yet, the latter cannot ratify international conventions on human rights. But, in its constitution (Chapter II, fundamental rights and freedoms), Kosovo has included international agreements and instruments which guarantee the principles and values of human rights and fundamental rights. Kosovo has a wide range of judicial and extrajudicial structures, be it at the central level or else at the local level, whose primary mandate should be advancement and protection of fundamental human rights and freedoms set forth by the Constitution, laws and sub-legal acts. Apart from these structures, there are also other institutions and bodies which could contribute directly or indirectly in fulfilling different obligations in meeting the standards set for the human rights, for instance in the field of good leadership, the rights of minorities and that of inclusion of gender-related aspects.
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The section aims to present 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 Gazette of Romania and republished laws.
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Fundamental human rights and freedoms are at the core of any legal system in developed and developing democracies. One of the key rights in the catalogue of human rights are undoubtedly the children’s rights. The international system of human rights, and the national systems, give great importance to guaranteeing of the children’s rights. Following the establishment of Kosovo state institutions, the evolution of fundamental human rights and freedoms required the necessity of time. The integration of the Convention on the Rights of the Child into the Constitution, which is directly applicable, provides the basis for sufficient legal regulation to guarantee the children’s rights. Kosovo legal system guarantees the effective protection of human and children’s fundamental rights and freedoms, even though Kosovo is not a signatory to these international instruments. Despite the efforts that have been made and continue to be made in Kosovo regarding the implementation of legislation in force, the situation in practice is still unsatisfactory and children continue to be discriminated against in various areas.
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