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The present article deals with the agreement and the principles of administrative process. Because the agreement is a new institute for administartive law, it is very important how the principles of the administrative process apply in the various types of agreements.
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The present study aims to address the support link between the two values: religion through the messages of Divine inspiration and inspiration and human values as a given of the former. Human values have their own fields of valorization and research methods, through which the research object deeply interferes with the science of law, but also with other branches of social sciences through which they are treasured, researched, preserved, recommended, respected and evoked in historical works , literature, ethics and integrity, etc., obviously these subjects are always in the vanguard of novelty, without limits of exhaustion.
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The Church, one of the most important elements in Romanian society, has not always enjoyed freedom. Studies on religious freedom approached the problem from the perspective of political regimes that challenged the importance of religion. In Romania, even at the declarative level religious freedom was ensured by the Constitution from the beginning, starting with the communist regime, its freedom was linked to state policy. The Church was free only if it was considered that its practices did not harm the state and society. But with this condition, the Church was placed under the control of the state. This started the religious persecution. Through this analysis, we propose to offer a more complete perspective on the phenomenon of the persecution of the Church in the communist regime in Romania. Starting with the influence of Marxist doctrine and the Soviet model, then the historical chronology that follows the evolution of legislation and the seizure of control of the Church by the state, the article will also offer a series of political theories regarding the relationship between power and religion in totalitarian regimes.
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The neo-Protestant believers were convinced of the divine origin of man‘s human nature and saw it as a foundation for human rights in the religious domain. This belief motivated the struggle of these believers to preserve religious freedom and to regain it when it was violated. The fighting methods were among the most diverse. In their attempt to make room for their faith to penetrate the local population, they clashed with communist-atheist ideology that conflicted with their religious beliefs and practices. As a result, the communist period led to a war of attrition between the State and neo-Protestant cults with brief periods of cohabitation.
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In his diaries M. Römeris often wrote on constitutional, administrative, civil, criminal, and international law issues. He also wrote a lot about the role of a judge and a lawyer. However, volume 34 of his diaries is characterized by the fact that many pages are devoted to the case of the interpretation of the Statute of the Memel Territory at the Permanent Court of International Justice. This is not at all surprising, because the lawyer participated directly in the trial of this case – he played the role of a national judge (judge ad hoc). When describing the trial, the author discussed the issues of both international and constitutional law, the process of hearing cases at the Permanent Court of International Justice, the role of the judge ad hoc, the relationship with the permanent judges, discussed the personalities of the judges, the peculiarities of the discussions that took place between the judges, the psychological reasons when the judges decided on one or another, experiences related to the struggle for the Memel Territory. This study consists of a cycle of four articles: "The Origin of the Case and Preparation for the Court"; "In the Permanent Court of International Justice"; "In the Permanent Court of International Justice: Judgment"; "Court, Judges, after Returning to Lithuania". The entire series of articles is entitled "The Case of the Interpretation of the Statute of the Memel Territory in the Diaries of M. Römeris".
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This study approaches an aspect of the adoption process of the Constitution of 1923, in order to shed a new light on the alternative visions with regard to the democratic construction of interwar Romania. At that time, the new Constitution was contested as an exercise in liberal authoritarianism. The leaders of the main opposition parties, Iuliu Maniu and Ion Mihalache, protested, including by boycotting the debates and by refusing to participate in the Coronation from Alba Iulia. However, as I will show in the following, the Constitution of 1923 did not create, but was itself tributary to the inherent imperfections of a peripheral state, unevenly modernized and late unified. Under ideal conditions, taking over some instruments proposed by the other preliminary drafts published at the time would have been desirable in itself. The alternative visions could not be though integrated, but only accepted and substituted for the PNL draft.
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This paper highlights and explains the contribution of the Romanian Constitution of 1923 to the building of the Romanian ethnocentric (national) constitutional identity and its decisive impact upon the constitutional and political developments along the Romanian 20th century. Grounded in the Romanian constitutional nationalism and xenophobia, this Constitution failed to accommodate the new international liberal standards regarding the protection of national minorities imposed by the system of the League of Nations after the WWI. The Romanian fathers of the Constitution not only refused to enshrine in the constitutional text the positive individual and collective rights recognized to the Romanian ethnic minorities by the Treaty of 19 December 1919, but built the 1923 Constitution as a constitutional cathedral of the Romanian ethnic majority where the ethnic minorities were tolerated as shadow citizens. On a short term, this illiberal ethos made quite easier the passage from the Romanian ethnocentric nationalism to the Romanian racial nationalism of the period 1938–1944. On a long term, the Constitution of 1923 represented a pattern of constitutional identity building strongly cherished by the fathers of the post-communist Constitution (1991). This is why the interwar Romanian illiberalism was widely preserved. On a general survey, neither the Constitution of 1923, nor the Constitution of 1991 succeeded to manage in a coherent liberal spirit the linkage between the national/ethnocultural identity and the constitutional identity in the multi-ethnic Romania.
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In this article, the author shows that the adoption of the Romanian Constitution of 29 March 1923 represented a reference moment for the organization of public administration as well. Although the principles and general architecture of the public administration were not essentially different from those provided for in the Constitution of 1 July 1866, the political class, as well as the doctrinaires concerned with the challenges of the administrative organization of the entire territory of the country hoped that, by adopting the new Fundamental Law, the foundations of another reality of the Romanian administrative life will be laid. The author claims that the adoption of the new Constitution for the history of the Romanian public administration is more important through the windows of hope and opportunity it opened for the achievement of a broad administrative reform, built around the widened decentralization and of the effective regionalization, than through the novelty of its own provisions. The level of scientific debates in the context of the adoption of the Constitution shows us an in-depth understanding in the Romanian legal environment of the national and European constitutional and administrative phenomenon by spreading, adapting and processing the most important theories regarding the organization of the modern public administration. Seen from this perspective, the comments and the arguments of the doctrinaires of that time, around the theory of decentralization, of the principle of local autonomy or of the dynamics of regionalization, retain their full scientific value even today.
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Protecting the environment is essential both for the healthy and balanced living of today's people and for future generations. There is a need for continuous improvement of environmental performance through prevention activities. Each of us has a responsibility to protect the environment both for ourselves and for the people around us, but also for future generations. We need to be concerned about the legacy we leave to future generations in terms of the environment. This requires an appropriate environmental policy, but also an increase in accountability through the adoption of long-term strategies and action plans.
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Following the effects that the epidemiological context had on the rule of law and on fundamental rights and freedoms, we can conclude that we are witnessing transformations and reinventions of law, with classic concepts being replaced by updated formulas adapted to the vicissitudes. Also, the conceptual framework regarding the interaction between the concepts of law and the effects of pandemics has metamorphosed the legal order like a bullfight in Spain. Have you ever seen a bullfight? It's that weird brian pas time where a man kills a bull in the arena and everyone claps. I've never understood why killing an animal is fun, and I don't want to. What caught my attention is the tactic applied by the bullfighter: hehides the sword behind that red cloth and the bull, unable to understand the movement, rushes directly into the weapon aimed at him. I told you this so that you would better understand the current social phenomenon - the greatest. What is happening in the world right now is like a bullfight! The bullfighters are the lords of the planet and we common people are the bulls. You don't like the comparison, do you? Get used to it, because that's exactly what happens! The demantoid propaganda in the mass media is the red cloth that hides the weapon. Most people blindly rush to believe the hysterical screams of the authorities and the media, while behind them are hidden the true intentions of those who rule the destinies of the world from the shadows.
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The European Convention of Human Rights was the first instrument of international law which organized the defense of humans, ensuring their rights and freedoms, even before their own state. This Convention is the first instrument of a paramount importance and, meanwhile, the first international treaty to bring a collective guarantee for respecting the human rights, on the side of the European Union’s member states. Once the European Convention of Human Rights was adopted, both a legal regime and a protection system of legal action were created. Thus, The European Convention of Human Rights is an original institutional mechanism of protection that, besides defining the human rights and its fundamental freedoms, obliges the member states to also ensure them. Therefore, the right to a fair trial represents a guarantee of respecting the human rights.
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The article provides an analysis of the powers of the President of the Republic of Poland, which may have an impact on counteracting and moderating constitutional crises and constitutional rot. It aims to describe the potential actions that the head of state may take in a constitutional crisis to restore the stabilization of the state and the constitutional order with its values. The study also includes a reflection on the influence of the style of the presidency on the effectiveness of arbitration.
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The paper aims to analyse and evaluate the educational situation of pupils with disabilities during the COVID-19 pandemic. For this reason, selected regulations of international human rights law that shape the right to inclusive education are presented. Secondly, the actual educational situation of persons with disabilities during the pandemic is analyzed. Moreover, selected actions of international organizations and national authorities regarding education during COVID-19 are evaluated. The research contributed to identifying the main problems that pupils, parents and teachers had to face during online education. It is demonstrated that despite the fact that inclusive education is guaranteed by international and national law, it was not effectively conducted during the pandemic. This, in turn, deepened the discrimination and exclusion of pupils with disabilities.
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Islamic law apportions different responsibilities to males and females because Allah created men with greater physical strength if compared to female counterparts. As a result of this men are mandated to be the protectors and financial providers to women and are given more inheritance if compared to women because of such responsibility. This justification of discrimination is likely to be challenged very soon. Any child born from unmarried parents and adultery (zina) is stigmatised as walad al zina (extra-marital child) for his entire life and is forbidden from inheriting an estate of his biological father. This exclusion constitutes an unfair discrimination against extra-marital children and is an affront to their human dignity. A comparison conducted shows that the South African common law does not discriminate between males and females and extra-marital child is not forbidden from inheriting the estate of his deceased biological father.
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The issue of the holder (the criminal investigation body or the prosecutor) of the proposal to authorize the special research method provided for by art. 152 Criminal Procedure Code determined, in judicial practice, alternative opinions. The clarification of this matter leads to the necessary conclusion that the acts of referral to the judge of rights and liberties or the court of law are in the exclusive competence of the Public Ministry.
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Bosna i Hercegovina ima relativno dugu povijest ustavnog sudovanja. Prvi Ustavni sud u Bosni i Hercegovini počeo je s radom 14. 02. 1964.godine. Nadležnost i sastav se vremenom mijenjao. Počeo je sa sedam sudaca, uključujući i predsjednika, a danas ima devet i međunarodnog je karaktera. Današnja nadležnost je u velikom dijelu posvećena zaštiti individualnih prava građana. Također, međunarodni standardi, posebno Europskog suda za ljudska prava, ono su što garantira istu zaštitu ljudskih prava kao što su ona uspostavljena u državama duge demokratske tradicije i vladavine prava. Osnivanje i početak rada Ustavnog suda Bosne i Hercegovine. Među prvim državama socijalizma koje su u pravni život uvele instituciju ustavnog suda bila je bivša Socijalistička Federativna Republika Jugoslavija, uključujući i uspostavu istih institucija i u svim tadašnjim republikama koje su činile saveznu državu, među kojima je bila i Socijalistička Republika Bosna i Hercegovina.
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U ovom dijelu rada analizira se organizacija pravosudnog sistema u Osmanskom carstvu, pri čemu je posebna pažnja posvećena pravosuđu za vrijeme osmanske vlasti u Bosni i Hercegovini. Iako je osmanska država prošla kroz niz uređenja i preuređenja, neke od glavnih struktura su ostale neizmijenjene. Uvijek je postojao neko ko je bio potpuno odgovoran za upravu države, tj. sultan carevine. Odluke je uvijek razmatrao divanski savjet, dok je konačnu riječ uvijek imao sultan. U začecima carstva, ovaj savjet su činili plemenski starci. Kasnije je on promijenjen tako da je uključivao vojne profesionalce i mjesne viđenije ljude (elitu), poput vjerskih i političkih savjetnika visokog staleža. Članovi divana su nazvani veziri (ministri), kojima je nešto kasnije počeo da predsjedava veliki vezir (premijer), preuzimajući neke od sultanovih odgovornosti. Osmansko carstvo je zapravo bila velika vojna organizacija, koju su zanimala nova osvajanja i ubiranje poreza, te je njen upravni sistem bio oblikovan za osiguravanje ljudstva za vojsku i novca za njeno plaćanje.
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Departing from the Romanian Constitutional regulation of property from 1923 to 1934 controversies on the nature of the property as subjective right and/or social function, the present paper aims to reconstruct an unitary theoretical framework within the legal thought which could explain more widely the Romanian Constitution from 1923 as a solidarist constitution. We shall try to show that Otto von Gierke´s doctrines on Genossenschaft and Sozialrecht could aptly fulfill that role although (or rather because) it is not so well known among the Romanian legal scholars. The first part here will deal with the controversy on the nature of property by rising some questions, while the second to follow should offer some answers from Gierke´s work.
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The enshrinement of the right to an international fair trial was achieved through the most important legal instruments guaranteeing human rights, either universal international treaties with general or specialized value, or regional treaties with general or specialized value. A fair trial is one of the basic human rights. The right to a fair trial, as a social value, is necessary for any socio-human environment, and the formation of its elements in the different stages of civilization, through the adopted international acts, has seen an obvious progress, the respect by the state authorities of this right representing a guarantee for the administration of justice in the new coordinates of democratic societies. The right to a fair trial is an indispensable right to a democratic society and represents a procedural guarantee of the rights and freedoms of the person before the courts, constituting one of the premises for ensuring the principle of the preeminence of law in a democratic society.
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The study aims to analyze the regime of incompatibilities in the exercise of a public function or dignity. He starts from a practical case, where the fundamental legal issue is whether the state of incompatibility also exists in the situation where the holder of a public office has suspended himself from the basic office before taking over and effectively and exclusively exercising the second office, public or contractual. Unfortunately, the High Court validated the practice that the National Integrity Agency validated, in the sense that the suspension from office only suspends the exercise, not the holding of the office. Moreover, the formula has been established, unsupported by any normative act or doctrine, that we should make a difference between suspension by right and that ordered by request. Such approaches affect the regime of incompatibilities and the reason why they were instituted and affect the fundamental right, the right to work, guaranteed by art. 41 of the Constitution.
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