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September 2021 marked the 70th anniversary of the official constitution of the Federal Constitutional Court of Germany. The article presents the composition, administration, powers and some of the challenges facing this body.
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Naučni odbor je pripremio autorske referate za učesnike Okruglog stola “75. Godišnjica Trećeg zasjedanja ZAVNOBiH-a: uloga Trećeg zasjedanja ZAVNOBiH-a u društvenom i političkom razvoju Bosne i Hercegovine” za štampu. Program Okruglog stola sastojao se od uvodnih obraćanja i 14 referata. Redoslijed radova u ovom zborniku u najvećoj mjeri slijedi redoslijed izlaganja referata pripremljenih za Okrugli sto, koji se trebao održati krajem 2020. godine, međutim zbog nezahvalne epidemiološke situacije izazvane virusom COVID-19, nije bilo mogućnosti njegovo održavanje. Akademik Ivo Cvitković je naglasio da većina pripadnika pokreta nisu bili komunisti, ali su oni bili organizatori antifašističke borbe. Postavio je sljedeća pitanja: za šta se borio NOP, politika NOF-e; uvođenje zvanja vjerskog referenta, primjeri odnosa narodnooslobodilačkog pokreta prema slobodi religije, sloboda vjeronauke i osnivanje “vjerske komisije”? Posebnu pažnju je posvetio religiji i crkvi na Trećem zasjedanju ZAVNOBiH-a i pitanjima: vjerski službenici, diskusije u kojima se kritički osvrtalo na religiju i religijske zajednice, biranje sveštenika u ZAVNOBiH, gdje je pošlo “ukrivo”, zašto je došlo do promjena odnosa prema religiji i crkvi i začeci netrpeljivosti?
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Health law and its issues could seem to be just a contemporary problem, with a history going back no more than a century. However, the history of law and especially the history of private law can give us new insights into how traditional institutions such as torts, contracts, liability, consent, the status of persons and property have been drafted in and recomposed in this framework, together with borrowings from public law, to achieve this contemporary eclectic discipline.Because the contemporary Romanian private law is tributary to the mid-19th century transplant from the French Civil Code of 1804, we will use the historical method to examine how the traces of modern-day health law can be found in much older private law institutions. We will examine this evolution in a Western European context because, ever since the Roman times and up until the 19th century civil codes, this area has been the cradle of private law and its relevance overcomes the geographical boundaries and spreads to all the countries that have ever adopted a Western European-inspired civil code.
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A Brief Review of Scholarly Events in Legal History in Ukraine in 2016
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The European Charter of Fundamental Rights is the first formal European Union (EU) document to bring together the values and the fundamental rights enjoyed by EU citizens. The issues raised by the Charter therefore go far beyond legal technicalities and are intrinsically linked with the question of what role the Union is expected to play in the lives of its citizens. The aim of this paper is to analyse these issues and suggest solutions to some of the problems which the Convention on the Future of Europe and the Member States are faced when considering the Charter, notably regarding the implications of incorporating the Charter within the treaties and Union’s accession to the European Convention on Human Rights (ECHR). // This Paper, therefore, covers a number of points relating to incorporation, such as the status of the Charter in a Constitutional Treaty, the question of redrafting and amendments to the Charter, the impact on EU competences and access to justice. Regarding the question of accession to the ECHR, points covered include the question of whether the Union or European Community should accede, the creation of a legal basis for accession, forms of accession, the impact on competences and autonomy of the Community legal order, as well as on Member States’ individual positions and the relationship between the EU and ECHR courts.
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The aim of the article is to present two opposing visions of the common good (value) in the history of political and legal doctrines. Such outline of extreme positions allows the author to assess the wide range of doctrinal differences in particular epochs and to impose the principles of the rule of law expressed in art. 2 of the Constitution in the historical tradition derived from the ancient republicanism and political and legal thought of the Middle Ages and which absorbs the postulates of modern liberalism, republicanism and conservatism, based on the democratic model.
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Author deals with the problem of constructing national identity based on work of Jasna Čapo about researching of ethnic identity. He trays to speculate about ethnic and national values through three elements: constitution law, values in elections and value research in Belgium and Croatia.
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It may be noted that some legislation assimilates the same legal status as marriages between persons of the opposite sex and for people of different sex, while in other countries, the legal system is different, trying some similarities, while others prohibit any formalization of home these bonds and hence the economic effects driven by them. Similarly, regulated and free union of opposite-sex outside marriage officially recognized. Also, given the fact that in Europe some states allowed gay marriage and others do not, the question of the effects of such marriages in states that do not recognize. In other words, it can make a major debate to what extent non-recognition of such marriages can be considered as a breach of Art. 12 (right to marry) and even art. 8 (right to private and family life) and even art. 14 (prohibition of discrimination) of the European Convention on Human Rights.
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It is a fact that nowadays the legal conflicts of constitutional nature have become a substantial problem in the institutional architecture of the states, due to their importance generated, on one hand, by the subjects involved in such a dispute and, on the other hand, by their uncertain and misleading content. These are the main reasons why only the Constitutional Courts or Federal Tribunals can be invested, by certain institutions, with the settlement of the legal conflicts of constitutional nature. In the European space, this matter acquired significance by the instrumentality of the fundamental laws. To express it more clear, almost every Constitution precisely and concrete states the subjects between which a legal conflict of constitutional nature may arise. Evidently, we could not assert that, regarding their nature, there is an identity of subjects of the legal conflicts of constitutional nature in several European countries. It is precisely the opposite of those mentioned above: the nature of the subjects involved in such disputes varies depending on the constitutional and administrative structure of the countries, on the form of government of the states, on the public authorities representing the powers of the states. Therefore, the subjects of a legal conflict of constitutional nature represent a defining element in any attempt to determine whether a conflict is of a constitutional nature or of any other nature. Taking into consideration such aspects, we can claim that the first step towards establishing the constitutional nature of a legal conflict is to identify and determine the subjects of such dispute.
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Resale price maintenance (RPM), a form of vertical price fixing is the practice whereby manufacturers of brand-name or trademark goods stipulate and attempt to enforce minimum, maximum, or actual wholesale and retail prices of such goods as they progress through the distribution chain to the final consumers of said products.
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In this paper, the author addresses the question of separation of state and church in the Republic of Croatia. There are those who argue that Croatia is a secular state, and there are those who argue the opposite. In order to analyze the relationship of state and church in the Republic of Croatia, the author first analyzes the constitutional determination of separation of state and church. He then analyzes different models of state-church relations in order to provide a theoretical frame for the inclusion of the Republic of Croatia in a corresponding model. He defines the term “secularism” and distinguishes this term from two other terms: “secular” and “secularization”. Through examples and research done by other authors he shows that there is no common definition of secularism and that it is not possible to define it in a way that would apply in every legal system. The author shows that those who argue that Croatia is not a secular state are wrong. However, he also shows that the meaning that “secularists” in Croatia ascribe to the term “secularism”, on the basis of which they claim that Croatia is a secular state, is also flawed. Namely, secularism in the context of Croatia does not have the same meaning as that in France – the banning of religion from the public sphere. Croatia has built a cooperation model of church and state relations in which church and state are separate, but the state is obliged to cooperate with and assist religious communities in their work.
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The purpose of this short commentary is to present a critical legal analysis of the recent Czech Constitutional Court’s judgment on trans rights. The paper puts forward an external legal perspective characteristic for critical jurisprudence and it aims to show the presence of antagonistic interests and the extra-legal (ideological) factors that permeates and influences the judicial decision-making. It outlines some of the theoretical assumptions of critical jurisprudence which are, subsequently, applied to the Court’s judgment. More specifically, it follows the theoretical project of agonistic jurisprudence and attempts to show how it could be utilised in the context of judicial decision-making.
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The constitutional reform debate is not the only open-ended process muddying the future of the European Union. The full effects, in particular, of eastern enlargement on the contours and internal dynamics of the EU after 2004 remain dimly perceived. But in Eastern Europe itself, partly under the influence of nationalist populist politicians, a clear but unappealing picture of an enlarged EU has begun to crystallize. Fears of being marginalized inflame worries of a last-minute decision to block enlargement. But the same fears also fuel concern that the postcommunist applicant countries will, indeed, accede to the EU as expected, but under especially unfavorable or unfair terms. [...]
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This paper seeks to outline the meaning, the role and the limits of the principle of legality according to the Romanian legal system. Firstly, a few preliminary questions regarding the nature and the role of legal principles in general have to be answered. This is necessary in order to provide a reader which is not familiarized with this national set of norms with a general understanding of the concepts used during the analysis of the proposed topic. Having achieved this, one may subsequently proceed to analysing the general understanding of the principle of legality and its main coordinates in the Romanian legal system. One would have to remember that the latter is a European continental (or civil) legal system, belonging to a country which is a member of the European Union, of the United Nations and of the Council of Europe. This translates into the fact that the paper does also have to analyse the impact of the international public law on the way the principle of legality is currently comprehended and applied internally. All these being said, the third and main section of the paper concentrates on how is this concept applied in a few of the legal domains. The paper is mainly interested in the public implications of the principle; therefore, the analysis will try to discover the main ways in which the rule of law culture shapes the notion of public power and its exercise. The paper will end with a few final considerations regarding the main ideas discovered during the previous sections.
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Review of: Angela di Gregorio (Ed.), The Constitutional Systems of Central-Eastern, Baltic and Balkan Europe (Eleven International Publishing, 2019), 326 pp., ISBN 9789462369658
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Review of: A History of the Hungarian Constitution. Law, Government and Political Culture in Central Europe. Hrsg. von Ferenc Hörcherund Thomas Lorman. Bloomsbury Aca-demic. London 2020. XVI, 366 S. ISBN 978-1-3501-7018-6. (£ 26,99.)
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On December 10th, 2014 the Constitutional Court of Serbia rendered a decision declaring itself incompetent to review so-called „Brussels Agreement“, governing the normalization of relations between the Government of the Republic of Serbia and Interim Institutions of Local Self-Government in Priština. The Constitutional Court based its decision on procedural grounds, finding that neither Brussels Agreement nor internal acts adopted by the Serbian Government and National Assembly with regard to that Agreement, could be subjected to judicial review in accordance with Article 167 of the Serbian Constitution. The author of this article agrees with the Court decision, but not with its reasoning leading to a denial of jurisdiction. The article offers alternative road to a declaration of incompetence, which the Court could have reached following the separation of powers principle and the political question doctrine. Starting from the comparative constitutional jurisprudence, the contents and aims of the Brussels Agreement, as well as political context in which it was reached, the author of this article has shown the following: (a) the Brussels Agreement was not reached in order to allow the refunctioning of the state power on the territory of Kosovo and Metohija, but to protect the Serbian people living at KiM and general state interests to the extent possible in the given political situation, until the re-establishment of full sovereignty; (b) the Constitutional Court could not establish its jurisdiction ratione materiae and decide whether the protective mechanisms, envisaged in the Agreement, that is – the establishment of a Community/ Association of municipalities in which Serbs represented a majority of the population, as well as organization of judicial power and police units, could have protected Serbs and general state interests in Kosovo and Metohija, because this was a political question which was unjusticiable and could not be resolved by legal standards.
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The article focuses on inactivity of the public administration in the Slovak Republic. It analyses this malfunction of the public administration from the point of view of the legal theory, international legal regulation as well as national legal regulation. The emphasis is on the national legal regulation that should provide effective legal remedies on how to eliminate inactivity of the public administration – namely the Constitution of the Slovak Republic, the Act on Administrative Proceeding and the Act on Administrative Justice Procedure. The article analyses the new legal regulation on a judicial review of inactivity stipulated in the Act on Administrative Justice Procedure and compares it with the previous legal regulation. The aim is to conclude which legal regulation is more effective and describe why it is so.
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The paper proposes an alternative (complementary) narrative for minority rights protection, which is based on dissociation and expressive language. Minority rights protection, besides the traditionalist thinking, should endeavour to identify the buzzwords that are familiar to the rule-of-law and human rights discourse of the 21st century. This quest should have two aspects: dissociation from the (fake) sovereignty associations and articulation of ethnic discrimination.
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