A “Constitutional” Coup in Hungary between 2010–2014

On Some Aspects of the Exclusive Systemic Exercise of State Power with Regard to Constitutional Law, International Law, and European Law

Author(s): Imre Vörös / Language(s): English / Publication Year: 0

The Fundamental Law, drafted in 2011 and instituted on 1 January 2012, was amended no less than five times over a year and a half.Hungary’s sitting prime minister since 2010 had formulated his intent to stay in power for an extended period of time in his state-of-the-nation speech delivered in Kötcse, as early as 9 September 2009. As well, he expounded the necessity of building a system of political institutions that could guarantee the realization of this plan, practically by establishing a one-party state. His idea of a “central field of power,” especially if designed for the long term, was neither reconcilable with democracy, nor with a multiparty system, let alone with the electoral law which was in force until 2010.

A New Popular Front, or, on the Role of Critical Jurisprudence under Neo-Authoritarianism in Central-Eastern Europe

Author(s): Przemysław Tacik / Language(s): English / Issue: 89/2019

The current decade brought a neo-authoritarian wave to the countries in CEE. This process, which in certain respects runs parallel to the populist upsurge in Western countries, has its own specificity. Firstly, by focusing on the clash between “elites” and “the people”, it rekindles – in a displaced, right-wing form – the class conflict which before 1989 was an ideological staple in CEE countries. Secondly, insofar as neo-authoritarianism in CEE has often a distinctly neo-liberal agenda shadowed by declarative anti-globalism and national chauvinism, it warps the field of political struggle. Thirdly, in the neo-authoritarian turn law becomes the crucial field of ideological fight, principally in those countries where populists came to power. In this respect, new governments in CEE resort to a blend of old Fascist tools (such as dismantling of constitutional control and denying the primacy of international law) and new inventions (such as the effective state of exception in some areas of law in Poland introduced in 2015–18). The role of critical jurisprudence in CEE is therefore particularly significant and difficult. The paper argues that liberal jurisprudence, although actively engaged in analysing neo-authoritarianism, does not possess adequate conceptual tools for full success. Therefore critical jurisprudence should urgently take part in explaining neoauthoritarianism in the legal field.

A Peculiar Interpretation of the Constitutional Principle of “One Person, One Vote” in Poland: Voter (In)equality in the Elections to 1,200 Local Legislatures

Author(s): Michał Pierzgalski,Paweł Stępień / Language(s): English / Issue: 04/2017

The adoption of new redistricting plans for the 2014 elections to local legislatures in Poland resulted in significant violations of the “one person, one vote” principle. This article shows the results of the first comparative study measuring within-country variation of voter inequality, using data from the 2014 Polish local elections to 1,200 commune or municipal councils, that is, local legislatures. Voter inequality is usually examined at the country or state level, while studies that take into account withincountry variation of malapportionment, using local election data, are neglected by scholars. To put our research in a broader context, we compared levels of malapportionment in Poland with internationally recognized standards (contained, e.g., in the Code of Good Practice in Electoral Matters issued by the Venice Commission) as to the acceptable levels of deviations from the “ideal” population, and also with empirical findings on the levels of voter inequality in other countries. We argue that the significant vote–value disparities in elections to commune councils in Poland result primarily from the disadvantages of the Polish 2011 Election Code. When it comes to local legislature elections in the vast majority of communes that are not the so-called countystatus towns, the legally permitted deviation from the ideal district population ranges from +50 percent to −50 percent. Even considering the standards of redistricting for local elections, the interpretation of the “one person, one vote” principle is rather peculiar in Polish commune elections.

A PERFORMANCE ANALYSIS OF THE ADMINISTRATIVE COURT IN PUBLIC ADMINISTRATION DEVELOPMENT IN THE REPUBLIC OF MACEDONIA (2008-2017)

Author(s): Branko Dimeski / Language(s): English / Issue: 10/2017

From the independence of the Republic of Macedonia at the beginning of 90s by adopting the new Constitution in 1991 until now, the country is permanently under domestic and international pressure to promote competent and professional public institutions and public administration workforce. The successful reforms of the judiciary and public administration are still one of the key criteria for the Macedonian full integration in the European Union. The EU annual reports in the last decade still put the accent on the development stages of these reforms that are of extreme importance for the overall democratic development and improving the rule of law in the country. The goal of the research in the paper is the analysis of the performances or the effectiveness of the work of the Administrative Court in the country during the last decade (2008-2017). From the effectiveness in resolving administrative cases based on administrative disputes in the country depends the overall public confidence in administrative judiciary and is a key indicator for the degree of improvement of the rule of law i.e. the overall administrative development. Besides many constraints of legal and professional nature, the results during the years are somewhat mixed but promising. The conclusions are that the administrative judiciary in the country needs further improvement in terms of professionalism and additional sources of support from the official authorities.

A PORTRAIT OF DECEPTION. Monitoring Azerbaijan or Why Pedro Agramunt should resign

Author(s): Author Not Specified / Language(s): English / Publication Year: 2013

There are very few fellow members of the Parliamentary Assembly of the Council of Europe (PACE) who have been to Azerbaijan as regularly over the past decade as Pedro Agramunt, the conservative Spanish senator, a businessman from Valencia. Agramunt has been consistent in this approach to Azerbaijan: from the very beginning of his relationship with Baku he has been a defender of the Aliyev regime. The latest monitoring report is his masterpiece. || The Agramunt/Grech report is supposed to assess whether Azerbaijan, as a member of the Council of Europe since 2001, has fulfilled the commitments it took upon itself when it joined the organisation. In fact, it is a sophisticated effort to hide a simple truth, a portrait of deception: in all areas a democracy cannot do without – from free and fair elections to freedom of speech, freedom of assembly or basic political and human rights, including the rule of law through an independent judiciary – the situation in Azerbaijan, already terrible a decade ago, is even worse today.

A részvényes szavazati joga a magyar és román társasági jogban

Author(s): Zsolt Fegyveresi / Language(s): Hungarian / Issue: 2/2018

The objective of this paper is to review the rules on quorum and voting rights provided for by Hungarian and Romanian corporate law, as well as on the limitation and exclusion of voting rights. The voting right directly follows from the ownership over the shareholder’s share. Eligibility to vote is a subjective, exclusive, non-material and personal right. From a shareholder’s perspective, the right to vote is a legitimate assurance of risk reduction. The exercise of this right is generally granted to all shareholders, but as will be seen in this paper, in some cases the right to vote can be limited or excluded.

A Római Birodalom igazságosságának elmélete Polybiosnál

Author(s): Gergely Mohay / Language(s): Hungarian / Issue: 1/2010

In the second century B.C. a theory was developed to justify the legitimacy of the Roman Empire before the conquered people. The essence of this conception is the following: the rule of a state over another is righteous if their relationship also serves the interest of the subject country, and this is possible if the ruling state is superior, and makes the subjugated better, governs it more adequate than if it ruled itself. In the first part of the study I argue for ascribing this theory to the Rhodian Panaetius, the path-breaker exponent of the middle period of Stoic philosophy. Thereafter I show that Polybius who wrote about Rome’s becoming the most powerful empire of the world, and who knew Panaetius, and often discussed political questions with him, saw the relationship of Rome and the subject countries according to the conception of Panaetius.

A Szabad Demokraták. A Privatizációról, a Kárpótlásról, az Állampolgári vagyonjegyekről

Author(s): Károly Soós,Márton Tardos,Péter Tölgyessy / Language(s): Hungarian / Publication Year: 1991

The Booklet published by the political party SZDSZ in 1991 comprises three speeches of SZDSZ-deputies in the Hungarian Parliament regarding the problems of compensation (of property that has been expropriated during Communism), of privatization (by giving security papers to the citizens)

A triumphant referendum?

Author(s): Olga Irisova / Language(s): English / Issue: 5/2020

On July 1st Russia’s nationwide voting on constitutional amendments – designed primarily to give the current Russian president, Vladimir Putin the opportunity to remain in power until 2036 – came to an end. According to Russia’s Central Electoral Commission, more than 57.7 million voters, or 77.92 per cent of those who voted, supported the amendments, while 15.7 million, or 21.27 per cent, voted against it. The turnout, according to official reports, reached almost 68 per cent.

About Adoption and People Who Can Adopt in Romania

Author(s): Ciprian Raul Romiţan / Language(s): English / Publication Year: 0

Although, in principle, any person can adopt and become an adoptive parent, regardless of their marital status (married or single), sex, race, nationality, etc., the Romanian legislation in this area establishes a series of requirements for this. For this purpose, the law on the legal regime of adoption stipulates that the persons or families wishing to adopt must fulfill the moral guarantees, as well as the material conditions necessary for the child’s raising, education and harmonious development. The fulfillment of the guarantees and conditions provided by law, as well as the existence of the parental skills, is certified by the general directorate of social assistance and child protection within the territorial area of which the adoptee or the adoptive family resides, by issuing a certificate following the evaluation performed according to the provisions of the adoption law. This study will analyze the requirements to be met by the persons or families wishing to adopt, namely: the age of the adopter, the full exercise capacity, the moral and material ability to adopt, the consent of the adopter and the consent of the adopter’s spouse.

ABOUT THE VALUE AND DURATION OF LIFE IN THE “VICIOUS CIRCLE” DISPOSITION OF THE OWNER OR THE STATE

Author(s): Dragana Petrović / Language(s): English / Issue: 2/2019

In no other form of life, but human life, time plays major role. Human life is not just present time, it is the “touching point” between the past and the future, the epicenter of the unbearable contradiction between life and death. For all of us time is primary factor since future offers the possibilities of living a quality life, opens new horizons for the realization of our motivations, expectations and achieving of human freedom. Discussions on this topic are older than life itself, which is a passing phenomenon, while the deliberation on euthanasia is a constant. Therefore, the opinions on this issue can be temporary and inadequate, satisfactory and definite – constantly being upgraded with new stands and changes and critics of the old ones. The history of this issue is full of speculations, scrutiny, unproven and disputable statements. This is so much true about euthanasia since this phenomenon is complex, extremely plural in its form, with “many faces” of merciful ending of life of a dying patient and with many possibilities for the abuse. In this paper the author under lines that to attempt to explain this phenomenon actually means to shed light on both moments, that is its both sides and make conclusions on the basis of these findings. This is even more important in this moment of the civilization’s growth glorifying individual freedoms, but at the same time facing moral alienation as its recognizable trait. Thus, unveiling all the aspects of this human drama becomes a prerequisite by itself.

Abrogation of legal effects of usurpations in the late Roman Empire

Author(s): Jędrzej M. Kondek / Language(s): English / Issue: 1/2012

Usurpations were not unusual situations in Ancient Rome. However, the term “tyrranus” was understood differently from its modern meaning. This word technically means “someone who came to power unlawfully”, but in fact a person defeated by a new ruler was called an usurper, regardless of a way he had come to power. In such a way, e.g. Licinius was declared “tyrranus” although he had come to power as a legal augustus. Constitutions against usurpers in the The odosian Code do not constitute a homogenous group. We could divide them into acts regarding an usurper’s legislation, acts regarding civil law actions (e.g. slave emancipations), acts regarding public law actions (e.g. nominations of magistrates) and acts regarding the emperor’s sentences. It is meaningful that there is no usurper against whom all the above-mentioned types of constitutions were promulgated. Civil law acts and sentences were generally upheld. In most cases, legislation was abolished only to the extent in which it was contraius. Only Constantinus against Licinius (CTh. XV, 14, 1) and Honorius and Theodosius II against Heraclianus (CTh. XV, 14, 13) decided to abrogate the entire the legal output of the usurpation. Valenitianus II, Theodosius II and Honorius were the only emperors (except CTh XV, 14, 13) who abrogated all sentences of the usurpers. In almost all cases, nominations made by the usurper were annulled. However, while all usurpations (except Licinius’s usurpation) had taken place only in its Western Part, it should be noticed that all the analyzed constitutions were promulgated by all simultaneous rulers of the Empire even after 395 AD. The question is why Theodosian compilers decided to include the analyzed constitutions into the Code. In my opinion, the most probable answer is that the Chapter De infirmandis... should have served for the legitimation of the rules of the current Emperor, as until the end of the Empire there were no rules of succession of power. In all analyzed constitutions, the legal emperor referred to an output of the illegal ruler. Theodosius, evoking those constitutions and demonstrating his continuity with their authors, presented himself as the legal ruler and put all his opponents in the position of usurpers.

Absolutorium a odpowiedzialność konstytucyjna. Komplementarność czy rozdzielność?

Author(s): Monika Kowalska / Language(s): Polish / Issue: 26/2018

The answer for the question: is the vote of approval as the legal way of the count up the government as the budget executioner is enough to not be constitutional responsible by its particular members? The research problem and methods: The conclusions was made on the basis of science, the analysis of law and the parliamentary practice. The analysis was made using the system method, purposive method and the historical – law method. The process of argumentation: The Author tried to make the connections between the vote of approval with the constitutional law enforcement of every single member of the government on the State Tribunal. Before that, She described the idea of the vote of approval, its procedure, law changes from 1990s and its effects. Research results: The weakness of those institution is connected with the political procedure of the control of the budget or the lack of the connection between the law maker and the fact of refusal of the vote of approval the direct law effects. That is why, the Polish system is complementary not severability in the case of the vote of approval institution and the constitutional responsibility. Conclusions, innovations, and recommendations: Despite of the lack of the solutions according to the law dependences between the vote of approval and the constitutional responsibility, we can safely assume, that those vote of approval should not close the door to law enforcement of the constitutional responsibility by the members of the government, who realize the budget of the state.

ABUZUL ÎN SERIVICU ÎN CONTEXTUL ADOPTĂRII DECIZIEI CURȚII CONSTITUȚIONALE A ROMÂNIEI NR. 405 DIN 15 IUNIE 2016

Author(s): Alexandru Peicea,Diana Gabriela Preoteasa Oancea / Language(s): Romanian / Issue: 27/2016

Abuse of power is, on the current legal system, a concern, especially after the adoption of Decision No. 405/15 June 2016 handed down by the Constitutional Court of Romania. In short, it held that an act constituting the offense of abuse of power only to the extent that the phrase "defective" we mean "breach of law".

Access to justice in order to protect the right of property

Author(s): Adriana-Florina BĂLĂȘOIU / Language(s): English / Issue: 37+38/2013

The right of access to court is a distinct right established by the European Court of Human Rights in its case law and requires not only the right of a plaintiff to formally initiate the civil lawsuit but also the right that de facto and de jure issues concerning its civil rights and obligations to be reviewed in substance by the court, as well as the right to obtain the execution of the final court decision (and irrevocable). The conditions of admissibility of an action will be analyzed from the perspective of the right of access in relation to the prior administrative procedure provided by the Law no. 10/2001 on res judicata or on the prescription institution. At the end of this article there will be made some remarks on the limitations of the right of access to court in terms of legal taxes or procedural deadlines for an action. Also, references will be made on grounds which may justify the failure of a final court decision as analyzed by the European Court of Human Rights.

Access to the Court, as a basic principle of due process

Author(s): Sokol Mengjesi,Klodian Skenderaj,Anxhelina Zhidro / Language(s): English / Issue: 2/2018

Access to the court, is one of the basic principle of due process. This principle is provided by the international acts and also by domestic laws. Constitution of Albania provides that every person has the right to address the court in order to protect their own legal rights, freedom and interests. Access to justice is an important aspect of due process, the absence of which makes in-existent the discussion for respecting the principle of due legal process. This principle is one of the European Convention of Human Rights elements of the article 6 and it is specifically interpreted by the European Court of Human Rights. Albania undertook some action to reform the justice system, and some of laws are amendmented and affected even the part of access to the court. Some changes were done to the Procedural Civil Code, with the aim that the civil procedure to be easy, the time of the proceeding to be reasonable, the access to court to be easy for every citizen, the procedures to be simplified etc. In this paper there are analyzed the rights to address to the court, as part of appropriate process, cases when this right can be restricted, which is the practice followed by the domestic courts intertwining with the attitude that keeps the European Court of Human Rights, the changes that were made to the laws by Albania during these years and affects that access to the court.

Accommodating the Right to Development in Kosovo: A Human Rights Perspective

Author(s): Remzije Istrefi / Language(s): English / Issue: 2/2017

The right to development is the right of individuals and peoples to an enabling environment for development that is equitable, sustainable, and participatory and in accordance with the full range of human rights and fundamental freedoms. A wide range of international law on development exists, and numerous Declarations and Programs of Action from the UN World Conferences have been proclaimed. Nevertheless, due to its nature and its legal status the right to development continues to be one of the most contested rights in academic and political circles. The conflicting interpretation of the right to development and its contested legal status affects realization of development to which every human person is entitled by virtue of the right to development. But, if the right to development is read through the human rights “lenses”, it can result in an interpretation that can be most helpful for its realization in practice. The relevance of interpretation of the right to development as a human right becomes imperative in transitional society such as the one in Kosovo where the environment continues to encounter legal and structural obstacles to development. In light of this situation the present paper analyses the relationship between human rights and development, the relevance of development in post conflict society and its impact on overcoming the transition and securing a lasting peace.

Achiziţiile publice în starea de urgenţă

Author(s): Radu Odangiu / Language(s): Romanian / Issue: 1/2020

The study presents a brief analysis of the procedures for awarding public procurement contracts, in the context of extreme situations like the state of emergency declared following the crisis generated by the Covid 19 virus pandemic.In its initial chapter, the study summarizes the normative and social context in which the state of emergency was declared, followed by a second chapter which encompasses an analysis of the tendering procedures that can satisfy the emergency requirements corresponding to the necessity of providing the goods required to tackle and combat the coronavirus pandemic.In its final parte, the study presents a series of conclusions, based on the prior findings.

Acordarea gradului următor personalului aflat în rezervă sau în retragere

Author(s): Ioana ȚONEA / Language(s): Romanian / Issue: 1/2017

The material covered by this study brings attention to the ways in which military personnel , as well as to police officers who, are rank promoted when fulfilling the conditions for being in reserve, are entitled to a pension under the specific national law. The analysis takes into account the two situations, namely pension and the retired from activity for the top military officers.

ACTIONES POPULARES И ОПАЗВАНЕТО НА ПУБЛИЧНИЯ И ИНДИВИДУАЛНИЯ ИНТЕРЕС В ДРЕВНИЯ РИМ

Author(s): Sara Correa Fattori / Language(s): Bulgarian / Issue: 2/2015

The doctrine has been discussed about some controversial aspects in relation to so-called Roman classactions (actiones populares), mainly concerning which actions would be considered truly popular, and what their legal nature. Among the theories are the highest expression of Bruns and Fadda, reviewed by Casavola almost half a century later, who heldone of them clash with those of several other authors. Some Casavola´s conclusions were subsequently heavily criticized by Simshäuser. In Digest ( Paul 8 ed ad, D. 47, 23 1) a classactionis defined as: "eam popularem actionem dicimus, quae suum ius populi tuetur." (We callit popular action that defendst he right of the people). The following are comments on the main points of interest to the matter.