Spor de risc. Admitere recurs
Tribunalul Caraş Severin, secţia conflicte de muncă de muncă, sentinţa nr. 1656 din 3 decembrie 2012
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Tribunalul Caraş Severin, secţia conflicte de muncă de muncă, sentinţa nr. 1656 din 3 decembrie 2012
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The author problematizes the middle level of authority (entities and cantons) in the internal organization of Bosnia and Herzegovina. By exploring the historical path of her internal organization, from its medieval statehood over the Ottoman, Austro-Hungarian, Yugoslav and Dayton period, the author concludes that Bosnia as a society, later as a state, was formed by her citizens of different religions and ethnicities, living together and sharing her destiny. The author found that Bosnia was not a tribal state since its creation, nor was it within its administrative division ever (until Dayton) divided on religious and ethnical lines. The author states that the main reason for the dysfunctionality of Bosnia and Herzegovina can be found in this as the, that is, the slow progress of Bosnia and Herzegovina towards EU and NATO membership. The author advocates the abolition of ethnical and entity affiliations in the internal administrative organization of Bosnia and Herzegovina. This would result in the disappearance of the asymmetrical divisions of Bosnia and Herzegovina in two multiethnic entities, also in the federalization of Bosnia and Herzegovina into 14 cantons, with prewar Sarajevo as the capital and the Brčko district with one president. As an alternative to this he proposes a return to the 1974 constitution with all its amendments.
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The Article presents Polish solutions concerning „legal remedies” on prolonged legal actions (complain on prolixity of legal proceedings) as described in act of 17 June 2004 about complaint on violating the right to recognize the case in preparatory proceedings lead or supervised by prosecutor as well as in judicial proceedings without justificatory reason. The author points on features of complaint on prolonged legal proceedings and makes analysis of procedures initiated by making a complaint. Subsequently it is compared with standards of European Convention for the Protection of Human Rights and Fundamental Freedoms. The complaint was presented as comparison study - the author resented solutions adapted in selected European countries such as Italy, Austria, Czech Republic and Spain. The similarities and differences of particular legal instruments were presented against this background. Moreover, it was checked whether the adopted solutions comply with Strasbourg standards.
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The subject of the article is a review of the search engine to detect, stop or force a suspicious person. The author draws attention to the dual nature of this procedural process. It is both an evidential measure aimed at achieving the objectives of the preparatory proceedings and a means of coercion interfering in the sphere of human rights and freedoms. The aforementioned procedural institution should be looked at not only by the provisions of the Code of Criminal Procedure but also by the Constitution of the Republic of Poland and the Convention for the Protection of Human Rights and Fundamental Freedoms.
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Vincent Ostrom’s research concerns the American federalism in varied perspectives. In the reception of Ostrom, the American system is based on polycentric patterns, which obviously are not free from potential defects and threats. Federalism is not only a form of government but also the method of solving problems and the way of life. Its attributes are diverse and the creation and maintenance of federal structures in the federal state depends on the intelligent process of formation and the activities and participation of citizens.
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An article will concern to the institution of a family. A family and relations between their family members is a subject of analysis both psychologists, sociologists, demographers, ethnologists, lawyers, historians and educators. A family is integral part of humankind – society. For that , the state should be interesting in issuing of legal regulations to apply to relationships between them. The Authors will present constitutional regulations concern to regarding rights of parents in the moral and religious process of education of their children.
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This chapter discusses implementation of Directive 2011/83/EU1 into Polish law. The CRD was implemented into Polish law by the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, consolidated text Journal of Laws of 2017, item 683) which entered into force on 25 December 2014.
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Podobnie jak w przypadku zakresu podmiotowego sejmowej kontroli działalności rządu, również zakres przedmiotowy tej kontroli nie został wskazany wprost w art. 95 ust. 2 Konstytucji RP. Ograniczono się do enigmatycznego dosyć stwierdzenia, że Sejm sprawuje kontrolę „nad działalnością” Rady Ministrów, wymagającego z tego powodu stosownej interpretacji.
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The democratic Constitution of the Republic of Slovenia stipulates a strict separation of church and state. After the independence in 1991, a strong process of secularization is noticed. The number of people who declared themselves Catholic declined drastically in the last two decades. Some reasons both from inside the Church and outside of it are analysed in the first part of the paper. In the second part, the author presents from his personal perspective some ways to contribute as a theologian to the public ethical discourse in the secularized society. He emphasizes the need for the argumentative and understandable statements.
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The II OSK 3/15 verdict of the Polish Supreme Administrative Court, dated 18 October 2016, is concerned with the Law Amending the Act on the Protection of Monuments and the Guardianship of Monuments, Article 36, Section 1, Clause 1; and Article 45, Section 1, Clause 1 and 2. In its verdict of 18 October 2016, the Supreme Administrative Court clearly indicated the consequences of registering a building as a monument even after the prior issue of a construction permit and commencement of construction work on the property. The court further pointed out the conservation body’s lack of a proper analysis of the problem in their justification.
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The article is the inclusion of social observer institutions in the Polish electoral law. The first part of the study presents the genesis of a new institution, introduced by the Act of 11 January 2018 on amending certain acts in order to increase the participation of citizens in the process of selecting, functioning and controlling some of the public bodies. The rest of the article discusses the institution of social observers by analyzing the relevant provisions of the amended Election Code and the resolutions of the National Electoral Commission. The conclusion was that the institution of social observers, in addition to the institutions of international election observers and persons of trust already functioning in the Polish electoral law, is an important instrument to control the correctness and integrity of the electoral process. However, as it seems, a deeper reflection on the institution of social observers will require verification in practice, and for this purpose their participation in at least a few electoral processes is necessary.
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The purpose of this article is to discuss legal measures that allow an individual to seek protection against unequal or discriminatory treatment in horizontal relations. Taking as a starting point that Article 32(2) of the Constitution of the Republic of Poland and Article 33 of the Constitution are also applicable in horizontal relations, the author attempts to identify legal norms that protect an individual in this respect. In addition, an attempt is made at finding sanctions against violations of norms prohibiting discrimination. As part of the conducted deliberations, the author focuses on three basic legal acts, the civil code, the labor code, and the equality act, because they are the main normative source of protection of the individual against discrimination in horizontal relations. Individual legal institutions are discussed from the perspective of their scope of application in terms of subject and object and through the prism of potential sanctions. The author also undertakes an attempt to assess the effectiveness of these means and draws attention to the existing legislative shortcomings mainly related to the way of regulating the so-called actions against discrimination in the equality law. In the last part, the author makes considerations regarding the procedural aspects related to the pursuit of claims for discrimination, and in particular focuses on the institution’s reversed burden of proof in this type of proceedings.
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The opinion refers to a number of problems related to the statutory obligation to provide Deputies with information by representatives of state organs. The most important of the analyzed issues is the matter of legal measures at the disposal of a Deputy who decides that organs of the state do not realize or improperly realize their obligations in the scope of providing information on their activity.
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The commentary contains reflections on the proper arrangement of legal matters between statutes and regulations. In the commented judgment, the Constitutional Tribunal decided that the introduction — by the force of a sub-statutory act — of the obligation to place the symbols of the cause of disability on the disability certificate is inconsistent with the Constitution. At the same time, the Tribunal declared that the symbols shall be specified in a statute. The commentary contains the author’s opinion on the relations between a statute and a regulation in the context of regulations restricting constitutional rights and freedoms. In particular, the necessity to comprehensively formulate the key matters in a statute is pointed to, while the executive’s task is to regulate the detailed matters.
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The rational decentralization represents a group of legal, political and sociological elements that usually appear in constitutional praxis and political theory, but are not classified in a special category. Having in mind the historical and constitutional experience of the Republic of Serbia, the intention of the authors is to determine the possible elements that would bring the decentralization to the rational and functional level of action. One of the goals of the paper is to show the faults of the incomplete decentralization and to discuss the certain solutions that have been creating deficit in the state structure, dysfunctional disorders in competency and political consequences in the Republic of Serbia, all because of the unequalized and unfinished vertical organization. In the introductory part of the paper the short review of the problem is given.
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Protection of human rights and fundamental freedoms is the challenge that Bosnia and Herzegovina has been facing for more than two decades, especially in the context of non-discrimination. The challenge becomes even more complex if one keeps in mind the period of transition that Bosnia and Herzegovina is passing through. Even though the Constitution of Bosnia and Herzegovina encompasses 16 international normative documents for protection of human rights, the practice proves quite the opposite. Effective protection of human rights and fundamental freedoms seems to have never been on a lower scale. Litigation of public interest is an effective method for protection as it implies inventiveness of the process itself, as well as the involvement of wider society and media towards full protection of human rights. The matter of strategic litigation is the question of willingness to change a long-standing negative practice or legislation, as well as to reach and influence such change through judicial system of government.
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Right to a fair trial is one of the fundamental rights guaranteed by Article 6 of the European Convention on Human Rights. It is also incorporated into the Constitution of Bosnia and Herzegovina in its Article 2. In order for the right to a fair trial to be respected, judicial independence is one of the main elements that needs to be ensured. This document is based on elaborating the general standards of judicial independence and the way it is regulated through national norms. First part of the document precisely explains three main principles of judicial independence and independence of every judge itself. Furthermore, the rest of the document explains the judicial independence in Bosnia and Herzegovina by elaborating the work of the Judiciary with an emphasis on the work of High Judicial and Prosecutorial Council of Bosnia and Herzegovina. This document provides for plenty of case law of the European Court of Human Rights and Constitutional Court of Bosnia and Herzegovina which defined judicial independence and determined main elements needed to be fulfilled for it.
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The Polish Constitutional Tribunal issued an important decision regarding the exercise of the profession of an attorney-at-law, regarding the resolution of doubts as to the possibility of filing a complaint against the actions of the Disciplinary Proceedings Representative of the Bar Association of Attorneys-at-Law. In addition, the Tribunal ruled that the Article 138 of the Act of May 20, 1971 – Polish Code of Offenses, in the part containing the words “or intentionally refuses to perform the service to which they are obliged without a justified reason”, is not constitutional. Moreover, through a judgment of June 3, 2019, the Polish Supreme Court dismissed the extraordinary complaint (to appeal a final decision of a common court or military court) of the Polish Public Prosecutor General, recognizing that damages agreements resulting from the court proceedings can determine attorney’s fees, relative to the amount awarded by the court to the plaintiff, i.e. the applicable success fee is allowed by the Polish law. The Supreme Court, composed of seven judges, also adopted a resolution in which it indicated that the buyer of a claim for compensation for motor accident is entitled to a reimbursement of justified costs of an expert’s opinion commissioned to a third party only if its creation was necessary in the circumstances of the case for the effective recovery of damages.
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The article is devoted to the periodization of Ukrainian scientist Igor Lukashuk's research on the law of treaties. Nowadays, there is a need to systematize and implement the periodization of his legal thoughts. It is conditionally possible to form the next periodization of Igor Lukashuk’s research on the law of treaties: the first stage is before the adoption of the Vienna Convention on the Law of Treaties (1969), and the second one is the implementation stage of the Vienna Convention. This can be explained by the fact that many Igor Lukashuk's legal ideas and proposals were researched long before the adoption of the Convention itself and subsequently found its own reflection in the text of the final edition document. In the second stage, after the adoption of the Vienna Convention on the Law of Treaties, Dr. Lukashuk researched the problems of using this fundamental document in practice. The scientist researched each of its parts, and particularly carefully analyzed the process itself of the adoption of the treaty.
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In administrative law, there are two major ways of contesting allegedly unlawful decisions/acts: the administrative appeal and the judicial review (court action). While the administrative appeal is an attempt to solve the dispute at administrative level, the judicial review is an adversarial proceeding by which an individual transfers the conflict with a public authority to the (administrative) courts. In principle, the administrative appeal and the judicial review are independent, and the rules for their exercise normally do not interfere with one another.One of the forms of legal protection of a person in relations with public administration authorities is the institution of administrative appeal, the purpose of which is to fully and timely prevent and eliminate any violations of law and discipline in the activities of public authority. It ensures the active and proactive participation of citizens in the protection of their rights in administrative manner. The right to administrative appeal of decisions, actions or inactivity of authority directly to them or to administrative bodies, which are higher in the system of hierarchical subordination, is an important and necessary mechanism for pre-trial settlement of a dispute between a citizen and the relevant authority.The resolution of such disputes within the framework of administrative appeal provides an opportunity for business entities, individual citizens to protect their interests, identify shortcomings in the work of public authorities and promptly eliminate them, save time and effort, bypassing the judicial form of protection.
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