OBSERVATIONS ON SEYLA BENHABIB’S INTERPRETATIONS OF THE COSMOPOLITAN RIGHTS

Author(s): Gianluigi SEGALERBA / Language(s): English Issue: 50/2022

My essay is dedicated to the analysis of aspects of Benhabib’s interpretations of the birth of cosmopolitan rights. The expression “the right to have rights” is contained in different works of Seyla Benhabib: it refers, in the thought of Benhabib, to the birth of a new constellation of human rights. This new constellation of human rights consists in the claim, which every individual may raise, to be acknowledged and protected as a person by the world community. In Benhabib’s view, rights and the interpretation of rights have profoundly changed after and thanks to the different covenants and conventions signed by the countries belonging to the world community for the protection of human rights: this process of transformation of the interpretation of human rights began with the Universal Declaration of Human Rights of 1948. The new dimension of human rights is a cosmopolitan one: it is not merely a national dimension. This new dimension overcomes the dimension of particular countries; it promotes, and, at the same time, it calls for the creation of new juridical spaces. Through this new dimension, moreover, individuals are no longer seen as being only citizens of a particular country: individuals are elevated, thanks to the new dimension of the rights, to the condition of world citizens possessing rights which are independent of their belonging to a particular country. Cosmopolitan norms create a new universe of values, of juridical meanings and of social relationships that did not exist at all before the creation of these norms. Seyla Benhabib has expressed the birth of the new constellation of rights in many of her works such as, for instance, The Rights of Others. Aliens, Residents and Citizens, Another Cosmopolitanism. With Commentaries by J. Waldron, B. Honig, W. Kymlicka, and Dignity in Adversity. Human Rights in Troubled Times. The new dimension of rights directly (that is, without the mediation of a particular country) connects every individual to the world community: the right dimension does not depend on a particular country and it is not limited to the validity it possesses within a particular country. The authority that corresponds to and is responsible for, at least, some rights of the individuals is the world community. The right of men qua men, that is, the rights independent of a determined citizenship and not coinciding with a determined citizenship emerge gradually, even though this process is steadily being affected by backlashes. As covenants and conventions signed by the countries of the world community, Benhabib mentions the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (adopted by the United Nations General Assembly on 9 December 1948); the Convention Relating to the Status of Refugees (approved on 28 July 1951); the International Convention on the Elimination of All Forms of Racial Discrimination – ICERD – (adopted by the United Nations General Assembly on 21 December 1965); the International Covenant on Civil and Political Rights – ICCPR – (adopted by the United Nations General Assembly on 16 December 1966); the International Covenant on Economic, Social and Cultural Rights – ICESCR – (adopted by United Nations General Assembly on 16 December 1966); the Convention on the Elimination of all Forms of Discrimination Against Women – CEDAW – (adopted by the United Nations General Assembly in 1979); the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment – UNCAT – (adopted by the United Nations General Assembly on 10 December 1984). Within the new constellation of human rights, particular countries are being surpassed by the world community: particular countries do not represent the first and last authority for the acknowledgement of rights. Correspondingly, individuals possess determined rights qua human beings: to have certain rights does not depend on the individuals’ possession of a particular citizenship; to have rights depends on the fact that individuals belong to mankind. Anew dimension of the individuals comes about: individuals are not only citizens of a country; they are, first of all, human beings, and they have to be recognised as human beings.

ПРЕТПОСТАВКЕ ЗА ЗАКОНСКО УРЕЂЕЊЕ ПРАЗНИКА

Author(s): Željko Mirjanić / Language(s): Serbian Issue: 38/2016

The validity of the law on holidays is not limited in time, but the duration of these laws depends on the stability of the legal and social order in which they were enacted. Unlike secular holidays, which are changeable, religious holidays are permanent. The Law on Holidays of the Republika Srpska equates the religious holidays celebrated by the faithful members of the constituent nations, thus enabling employed persons to use non-working days to celebrate them.

КОНГРУЕНТНО ОБЕЗБЈЕЂЕЊЕ И НАМИРЕЊЕ ПОТРАЖИВАЊА ДРЖАВЕ

Author(s): Adnan Šehić / Language(s): Serbian Issue: 38/2016

This paper shows the basis of the state's claims against companies, and the way the state secures and collects its claims. The procedure of individual securing and/or collection of claims of the state is based on positive legislative regulations from which the state derives comparative advantages in relation to other creditors. Therefore, the state and the company behave normally in everything, in accordance with the legal powers. On the other hand, the general assumptions for the application of the institute of refutation of legal actions in bankruptcy proceedings are presented, as well as an analysis of whether the legal actions of the state can fulfill these general assumptions. Through this work, the author also points out the special assumptions of congruent securing and/or settlement of claims, and analyzes whether the legal actions of the state and/or the bankrupt debtor, which are aimed at the collection and securing of the state's claims, can fulfill these assumptions, i.e. whether it can be applied to them institute of refutation of legal actions in bankruptcy proceedings.

ПОВРЕДА ПРАВА НА ФИЗИЧКИ ИНТЕГРИТЕТ НЕЗАКОНИТИМ ИЛИ НЕПРАВИЛНИМ РАДОМ ДРЖАВНИХ ОРГАНА

Author(s): Radenko Jotanović / Language(s): Serbian Issue: 39/2017

Personal rights are a non-property part of civil law. In our law, personal rights are studied within the framework of civil law objects. The distinction between the subject and the object of personal rights is made in such a way that the subject of the law is considered to be the human personality as a whole, and the object of the law is the individual properties (parts) that make up the personality as a whole. Not all personal rights have the same importance for their holders, but some of them are more important, and some of them are less important and dependent on the former. The most important rights from the general concept of personal rights have the common name "right to physical integrity". The legal relationship between individual rights to physical integrity and the subjects of personal rights can be seen from the aspect of the relationship to the state, the relationship to other subjects and the relationship to oneself. One of the cases in which the right to physical integrity may be violated is the illegal or improper work of state authorities.

НАЧЕЛО СЛОБОДНЕ ОЦЈЕНЕ ДОКАЗА У КРИВИЧНОМ ПОСТУПКУ РЕПУБЛИКЕ СРПСКЕ

Author(s): Milijana Buha / Language(s): Serbian Issue: 39/2017

In the laws on criminal procedure, which are applied in Bosnia and Herzegovina, it is stipulated that the court evaluates the evidence presented at the main trial according to the principle of free evaluation of the evidence. However, certain deviations from this principle arise from the legal provisions. Therefore, a legal dilemma arises as to whether one can speak of absolute or conditional judicial freedom to evaluate evidence. This problem will be the subject of consideration in the paper.

Проф. др Мирјана Рађеновић: ,,ПРАВО ОПШТЕГ УПРАВНОГ ПОСТУПКА И УПРАВНОГ СПОРА“

Author(s): Bojan Vlaški / Language(s): Serbian Issue: 39/2017

Review of: Проф. др Мирјана О. Рађеновић, ПРАВО ОПШТЕГ УПРАВНОГ ПОСТУПКА И УПРАВНОГ СПОРА, Правни факултет Универзитета у Бањој Луци, Бања Лука, 2016, стр. 365

Ewa Michałkiewicz-Kądziela, Prawo do tożsamości człowieka w prawie polskim i międzynarodowym, C.H. Beck, Warszawa 2020

Author(s): Edyta Krzysztofik / Language(s): Polish Issue: 43 (2)/2023

Ogólnopolska Konferencja Naukowa „Sytuacja obywateli niepełnosprawnych w Polsce i na świecie z perspektywy różnych dziedzin życia społecznogospodarczego”, Szczecin, 20‒21 października 2022 roku

Author(s): Karolina Słotwińska / Language(s): Polish Issue: 43 (2)/2023

SOCIAL ENTREPRENEURSHIP AS A MODERN INSTITUTE OF BUSINESS AND HUMAN INTERACTION

Author(s): Dmytro Byelov / Language(s): English Issue: 2/2022

The article is devoted to the consideration of the concept and legal nature of social business through the prism of the mechanism of realization of the constitutional rights and freedoms of a person and a citizen and the peculiarities of the implementation of social business models in Ukraine. The article analyzes successful social entrepreneurship projects that built their model taking into account two factors: the business component and the social component. Problematic issues caused by the introduction of martial law in Ukraine and aggression by the Russian Federation in the sphere of the realization of constitutional rights, in particular the right to social protection, to work in conditions of war, are outlined. Taking into account the large number of internally displaced persons, destroyed enterprises, persons who need additional financial support and deficit in the budget, the importance of social entrepreneurship is substantiated. It is noted that local communities around the world play an increasingly important role in solving social problems. Ukraine is also following the path of decentralization, and it is really working. Due to the desire of a certain target group to take responsibility and the will of the center to give it, new initiatives arise that can change the world. In the course of the study, the authors come to the conclusion that social entrepreneurship can symbolize the departure of Ukrainian society from collectivism and the transition to individualism, where legal entities and natural persons-entrepreneurs, through their activities on their own initiative, create decent conditions for the life of socially vulnerable segments of the population.

COVID-19 a volby a referendum v České republice: zkušenosti, otevřené otázky a podněty de lege ferenda

Author(s): Jan Grinc,Marek Antoš / Language(s): Czech Issue: 3/2023

The article deals with various aspects of the legal regulation of elections and referenda in the Czech Republic in the context of the COVID-19 pandemic as well as other potential health threats and emergency situations. It is divided into two parts. In the first part, the article deals with the interpretation of the constitutional conditions for postponing the elections, critically evaluates the case of postponement of by-elections to the Senate, draws attention to some open issues in the constitutional rules and provides an opinion on those issues. In the second part, the article evaluates both adopted and proposed changes to election rules that responded to the spread of the COVID-19 disease. Attention is paid mainly to ad hoc laws on special voting arrangements. Subsequently, the article reflects on the constitutionality of the current legal regulation of the obstacle to the exercise of the right to vote due to the protection of public health and on the issue of remote voting as a means of mitigating the health risks of elections. The article concludes that the Czech Republic, as a democratic state governed by the rule of law, has generally withstood the difficult situation caused by the COVID-19 disease in the field of elections. However, it would be appropriate to take into account the experience gained as well as the revealed shortcomings when revising electoral law, which has not yet happened.

RULE OF LAW, LEGAL CERTAINTY AND ECONOMIC DEVELOPMENT: FREEDOM OF ENTERPRISE IN THE SPANISH CONSTITUTION

Author(s): Jorge A. RODRÍGUEZ PÉREZ / Language(s): English Issue: 1/2023

Legal certainty is one of the supreme values of the Rule of Law. Citizens have the right to know with certainty what their rights and duties are, the consequences that will be attributed to their actions or omissions, the predictability of the legal effects of his acts. The principle of legality, the masterpiece of the Rule of Law, has, above all, this purpose. Confidence in the Law is not only a requirement of freedom, but also of the efficiency and prosperity of a society. Not just in the long term, but even in the short term, the prosperity of nations is based, more than on their natural wealth, on their civility, on the respect for the rules for coexistence, the market, contracts, property and, above all, of the Law, which is what keeps all of the previous, standing. Respect for the established law, compliance with the rules, the autonomy of the institutions, the separation of powers and their functions, the intervention and control of public spending, etc., is the secret of good government.

Kontrola finansów publicznych w prawie francuskim. Wybrane aspekty instytucjonalne

Author(s): Michał Mariański / Language(s): Polish Issue: 2/2023

This publication is a part of a study of the French Code des juridictions financières in the field of the institutional aspects of the control of public finances. The main purpose is not only to describe the specificity of the French legal system in this field but also to focus on the solutions and type of support institutions that were developed by the French legislator. The general control exercised by the Court of Auditors (Cour des comptes) and regional and territorial audit chambers (Chambres régionales et territoriales des comptes) can be more effective thanks to the so-called supporting institutions, such as the Court for Budgetary and Financial Discipline (Cour de discipline budgétaire et financière), the Supreme Council of Public Finance (Haut Conseil des finances publiques), or the Tribunal for Compulsory Contributions (Conseil des prélèvements obligatoires). This study and analysis of the provisions of the Code des juridictions financières related to the three above-mentioned supporting institutions may also be considered as the first step towards further in-depth analysis and research, and thus the possible application of structures and solutions that are present in French tax law by the Polish legislator or that of any other European country.

Człowiek - dziecko - osoba fizyczna. Pojęcia ugruntowane w prawie cywilnym czy wymagające redefiniowania?

Author(s): Aneta Biały,Paweł Kaczka / Language(s): Polish Issue: 3/2022

At what point can we speak of the origins of a natural person – is this really the moment of birth and what does the end of the person’s existence mean – or should it be justified that this is the moment of death? Authors try to answer for two questions, which will require focusing attention on the definition of a human, child and finally also a natural person defined in Polish civil law. On the other hand, due to the fact that the concept of a natural person does not function only in the area of private law, the authors will also refer to the necessary extent to, inter alia, criminal and constitutional law, which is the intended action of the authors. It should be noted, however, that the basic scope analyzed is, however, private law.

Niepołączalność (i niewybieralność) funkcji sędziego i prokuratora z mandatem parlamentarnym w Polsce

Author(s): Joanna Juchniewicz / Language(s): Polish Issue: 69/2023

The principle of incompatibility, as expressed in Article 103 of the Basic Law, constitutes one of the key guarantees for the exercise of the parliamentary mandate. By indicating the functions that cannot be exercised in tandem with the mandate of a deputy or senator, the legislator aims to achieve, inter alia, such objectives as: fulfilment of the principle of separation of powers, counteracting conflicts of interest and corruption phenomena, ensuring transparency of decisions taken and ensuring impartiality and independence in the exercise of office. Judges and prosecutors, which also includes retired judges and prosecutors, may not hold parliamentary office. Consequently, electing them as MPs or senators requires them to relinquish their office as judges or prosecutors, and the consequence of not relinquishing their office is the termination of their mandate.

Udział parlamentu w wyborach Prezydenta RP – tradycje i uwagi de lege ferenda

Author(s): Tomasz Słomka / Language(s): Polish Issue: 69/2023

The article concerns a potential change in the method of electing the President of the Republic of Poland, consisting in abandoning the universal and direct elections in force since 1990 and introducing elections using the method of an extended parliament. The study verifies the hypothesis that forms of electing the president with the participation of the parliament are present in the Polish tradition. The second research assumption relates to the relationship between the constitutional role of the head of state and the over-normative legitimacy resulting from the general election.

Prawo obywatela polskiego do sądu krajowego w sprawie o przestępstwo

Author(s): Teresa Gardocka,Dariusz Jagiełło / Language(s): Polish Issue: 59/2023

The purpose of this paper is to determine the scope of the right to a national court that a Polish citizen accused of a crime enjoys. The problem, of course, is when the accused is on Polish territory and another country has made a formal request to surrender him or her for trial. The introduction of the European Arrest Warrant and the related amendment of Article 55 of the Polish Constitution has meant that the traditional prohibition on the surrender of nationals, which was once seen as a guarantee of the defendant’s right to a national trial, no longer applies. This was considered one of the rights associated with citizenship. The conclusion of our considerations is as follows: a Polish citizen who resides in the territory of the Republic of Poland is guaranteed the right to a Polish court if in his/her case, apart from the citizenship link, there is also a territoriality link, i.e., the crime was committed in Polish territory. The assessment of where the crime was committed is based on Articles 5 and 6 of the Criminal Code. When these jurisdictional connectors coincide, surrendering the perpetrator to another state is not legally permissible. The considerations undertaken in this paper are based on a dogmatic analysis of Polish law and the method of legal-historical analysis. They are based on an assessment of the significance of constitutional provisions for the interpretation of national laws and the significance of EU law for the national legal order of European Union member states, including an analysis of legal provisions before and after Poland’s accession to the European Union.

The constitutional standing of philosophical and non-religious beliefs in Bulgaria

Author(s): Martin Belov / Language(s): English Issue: 26/2023

This paper explores freedom of philosophical and non-religious beliefs in Bulgaria. It outlines the constitutional framework of this freedom both in the contemporary Bulgarian constitutional model based on the current 1991 Constitution and in Bulgarian constitutional history as well as previous fundamental laws – the 1879, 1947, and 1971 Constitutions. The paper explores both the legal and socio-legal aspects of freedom of philosophical and non-religious beliefs, analysing the role of normative ideologies in the context of secularism – specifically, the largely secular Bulgarian society. The paper demonstrates the relationship between freedom of philosophical and non-religious beliefs and freedom of religion in Bulgaria. Attention is devoted to organised philosophical and non-religious beliefs. The article explains why freedom of philosophical and non-religious beliefs is protected as an individual and not as a collective right. The paper also explores the practical problems of the philosophical and non-religious beliefs in Bulgaria.

The 2003 draft Agreement between the Holy See and Georgia and future prospects for cooperation

Author(s): Dimitry Gegenava / Language(s): English Issue: 26/2023

In 2002, Georgia and the Georgian Apostolic Autocephalic Orthodox Church signed the Constitutional Agreement, which established a new legal model of the state–church relationship. After this event, Georgia and the Holy See drafted a special agreement that was supposed to be signed in September 2003. It was intended to give legal guarantees to the Catholic Church and Catholic believers. Vatican Secretary for Relations with States Jean-Louis Pierre Tauran arrived in Georgia on 18 September to sign the agreement, but at the last minute, the president of Georgia decided not to finalise the process. This draft was not known to society, and even researchers did not have access to the text. This article overviews that document and tries to analyse the perspectives of a future agreement between Georgia and the Holy See.

Międzynarodowa Konferencja Naukowa "Aktualne problemy stosunków wyznaniowych oraz laickości państwa w Polsce w kontekście międzynarodowym", Warszawa, 15 kwietnia 2023 r.

Author(s): Oliwia Rybczyńska,Jędrzej Zieliński / Language(s): Polish Issue: 26/2023

BİRİNCİ MEŞRUTİYET MECLİS-İ MEBUSANINDA SANSÜR VE MATBUAT TARTIŞMALARI

Author(s): Elif YEŞİLTEPE TURŞUCU / Language(s): Turkish Issue: 60/2023

In 1831, The history of the Ottoman press begins with the publication of the Takvim-i Vekayi with the will of II. Mahmut. In the following years, with the increase in the number of newspapers such as Ceride-i Havadis, Tercüman-ı Ahval, Tasvir-i Efkar and the development of journalism, the press became stronger and came out of the state monopoly. In the Ottoman newspapers, news and advertisements in the foreign press were published in addition to the internal news and the reforms that were wanted to be announced and adopted by the public. Dissident Ottoman intellectuals ensured the spread of the influence of anti-government views by publishing the articles they published on their political ideas in the newspapers they published. With the proliferation of such newspapers and journalists making political publications, disagreements with the government emerged, and deterrent reactions such as censorship and repression were applied. The Press Regulation, which was prepared in 1874, is one of them. When it came to the First Constitutional Period, the number of newspapers increased considerably. Although many journalists who fled abroad were able to return to the country thanks to the freedom created by the proclamation of the Kanun-i Esasi in 1876 and the constitutional guarantee of the freedom of the press, this atmosphere of freedom deteriorated as a result of the indefinite holiday of the Parliament. Article 12 of the Fundamental Law states that "Press is free within the scope of the law". Accordingly, freedom of the press is determined only to the extent permitted by law. The constitutional rights and freedoms that emerged in this period also affected the Republican period, which would be passed approximately 45 years later. The freedom of the press is defined in Article 77 of the 1924 Constitution by stating that “The press is free within the scope of the law and is not subject to inspection and examination before it is published”. According to this article, It is seen that the provision in Article 12 of the Legal Basis, which was valid during the 1st and 2nd constitutional monarchy periods, is exactly followed. In this paper, the debates and thoughts on the press and press life in the Parliament of the First Constitutional Period will be tried to be illuminated in the light of archival documents, newspapers of the period and minutes. At the starting point of the history of Turkish democracy, the views of the deputies of the period about the freedom of the press will be examined. In addition, it will be tried to reveal the actors who limit the relationship between the press and politics according to periodical conditions.