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THE ROLE OF REIGN IN ASSERTING THE ROMANIAN STATEHOOD REFLECTED IN SCHOOL TEXTBOOKS. FROM THE ROMANIAN MEDIEVAL STATES TO THE ROMANIAN NATIONAL STATE.

Author(s): Florentina Burlacu / Language(s): English Issue: 04/2018

On the occasion of the centennial of the Great Union (1918-2018) it is proper for all of us to remember with respect and gratitude the extraordinary leaders of the Romanian people. Rulers like Mircea the Elder, Alexander the Good, Vlad Ţepeş (the Impaler), Stephen the Great, Iancu (Corvinus) of Hunedoara, Michael the Brave, Constantin Brâncoveanu and Alexandru Ioan Cuza served their country as they knew better, they have put the interest of the country above all, paving the way for the unification of all the territories inhabited by Romanians in Greater Romania on 1 December 1918. Horea, Cloşca and Crişan, Tudor Vladimirescu, Avram Iancu, Ana Ipătescu, the great Romanian poet Mihai Eminescu and Ecaterina Teodoroiu, as well as all the soldiers who fought for the independence of our country and the union of all the lands inhabited by Romanians are heroes who have fought with all the means they had at their disposal for the Romanian people.

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THE CONCEPT OF HAPPINESS – INDIVIDUAL RIGHT OR DIVINE GIFT

Author(s): Alexandru Gabriel Negoiță / Language(s): English Issue: 3/2020

In this research, I will try to outline a definition of the concept of Happiness by answering a few questions that have been the subject of research by philosophers, theologians and jurists. Can happiness be considered a civil freedom or a subjective right? Is the right to happiness one and the same as the right to the pursuit of happiness? Can we reduce Happiness to material aspects or do we have to transcend them? I will also try to show that happiness should not be understood in a restrictive way as updating a virtue, even if that virtue might be considered the most important of all other virtues. Happiness should not be equated in an exclusive manner with the activity of contemplation or reduced to a legal concept.

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THE FUTURE OF PARLIAMENTARY DEMOCRACY IN ITALY POST-REFERENDUM 2020. SUGGESTIONS FROM COMPARATIVE CONSTITUTIONAL LAW

Author(s): Marina Calamo Specchia / Language(s): English Issue: 2/2021

The article analyzes the crisis of the majority principle as the preferred formula for determining the representativeness of Parliament in Italy, after the 2020’s constitutional referendum on the reduction in the number of parliamentarians, in comparison with what happens in some European constitutional experiences. The article’s focus is on highlighting the links between the crisis of parliamentary democracy, the crisis of democratic participation, and the influence of new technologies in the formation of consensus, which induce a progressive detachment of liberal and traditional institutions from civil society. In this context and to compensate for the imbalances of the parliamentary form of government, the choice of the electoral system must go in the direction of strengthening the representative principle.

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The revaluation of the victim and its impact on the fragile balance of the criminal justice system

The revaluation of the victim and its impact on the fragile balance of the criminal justice system

Author(s): Valentina Bonini / Language(s): English Issue: 1/2021

Contemporary Constitutions, as well as Human Rights Treaties, contain several provisions establishing principles relating to the criminal system. Most of these provisions have regard to the judicial authorities and the accused. In this sense, it can be said that our criminal justice systems are accused-centered. Our Constitutions, on the contrary, do not contain provisions expressly dedicated to the victims of crime. Nonetheless, in the last decades, several international documents from the EU and the Council of Europe have set down rules regarding assistance, protection, and procedural rights of the victim.Does this legislative trend contrast with the constitutional structure of the criminal trial, which placesthe accused’s guarantees in the foreground? The paper intends to analyze the role of the victim in the European Directive 2012/29/EU, pointing out the broad angle on the victim’s needs, which cannot be answered only by prosecution and punishment, rather stressing the importance of support services and restorative justice.

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ДРЖАВНОПРАВНЕ РЕФОРМЕ СТЕФАНА ДУШАНА И РОМЕЈСКО ДРЖАВНО ПРАВО ПАЛЕОЛОГА

Author(s): Đorđe Stepić / Language(s): Serbian Issue: 4 (2)/2024

After the conquest of important Rhomaian territories by the Serbian rulers, an increasingly strong influence of Rhomaian law appeared in the Serbian state order. It reached its peak with Emperor Stefan Dušan’s legislative and legal-reform work in general, which steadily rested on Roman foundations. The purpose of this paper is to show that such a path of legal reorganization is not only carried out in principle, i.e. the way of relying on the thousand-year history of the Eastern Roman legal system, but that in many respects it is directly connected with the latest facets of Roman law, embodied above all in its development from the era of the first emperors of the Palaiologian dynasty, up to Dušan’s contemporary, Emperor Andronikos III. Their rule brought an attempt to centralize the Eastern Roman state, which is seen in the closer subjugation of fragmented territories to the imperial power, through administrative measures, and diplomatic and military action, with variable success. At that time, the Blastares’ Syntagma was drawn up (around 1335), the jurisdiction of the secular and ecclesiastical courts was more precisely defined, and the position of the highest imperial judges (universal judges) was redefined – who served as likely models for the “judges of the empire” of Dušan’s Code. These and other parallels, primarily administrative and legal, will be viewed in ahistorical and comparative legal framework, in order to better understand the connection between Dušan’s and previous reforms in the Roman Empire.

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FROM ONTOLOGICAL HAPPINESS TO THE RIGHT TO HAPPINESS

FROM ONTOLOGICAL HAPPINESS TO THE RIGHT TO HAPPINESS

Author(s): Marius Andreescu,Andra Puran / Language(s): English Issue: SI/2024

In our opinion, the problem of happiness can be approached ontologically and epistemologically in three ways: 1. As a state of consciousness but also existential of man in his physical, rational and spiritual individuality. It is always relative, determined or influenced by factors external to man, but especially by the various existential situations in which man finds himself; 2. Happiness as an ontological reality not only of the individual man but also of the human being, which has no boundaries of this world and of this life. It is a permanent call of man towards the acquisition of ontological happiness, it is an expression of the transcendental dimension of the human being. Such an approach to happiness involves religious meanings and meanings, especially of Orthodoxy. 3. From a legal perspective, being a fundamental human right that generates correlative obligations for the state. As a fundamental right, it can be enshrined explicitly or only implicitly in legal and political instruments. In this way, happiness is a component of the phenomenality of human existence in the social environment. The right to happiness in the legal sense has the generality and abstract nature of the legal norm, and its guarantee and realization depends on social and economic factors, on the realization of the imperatives of the rule of law and a democratic governance regime; Happiness has a unitary ontological meaning, and none of the above ways of approaching this concept should be approached rigidly or in isolation. In this study we propose an analysis of the concept of happiness, in an interdisciplinary way: philosophical, legal and theological.

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КОНСТИТУЦИОННИЯТ ПРИНЦИП ЗА НЕСЪВМЕСТИМОСТ ПРИ КАНДИДАТИТЕ ЗА СЛУЖЕБЕН МИНИСТЪР-ПРЕДСЕДАТЕЛ

КОНСТИТУЦИОННИЯТ ПРИНЦИП ЗА НЕСЪВМЕСТИМОСТ ПРИ КАНДИДАТИТЕ ЗА СЛУЖЕБЕН МИНИСТЪР-ПРЕДСЕДАТЕЛ

Author(s): Emilia Siderova / Language(s): Bulgarian Issue: 1/2024

The legally introduced interruption of the powers of the candidates specified in Art. 99, para. 5 of the Constitution and occupying another state office, for the time that one of them is appointed acting Prime Minister, in order to avoid the consequences of the incompatibility provided for in Art. 113, contradicts the Constitution and violates their independence. Interruption of the mandate as a consequence of incompatibility is admissible only if provided for in the Constitution. The only case of interruption is regulated in Art. 68, para. 2 of the Constitution and its application by analogy or its expansive interpretation are inadmissible. The incompatibility stems from the Constitution itself, and it has direct application by virtue of Art. 5, para. 2 of it and cannot be excluded by law for other state offices.

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ПО НЯКОИ ВЪПРОСИ ОТНОСНО ВЪЗМОЖНОСТТА ЗА ВРЕМЕННА ДЕРОГАЦИЯ НА ПРАВОТО НА ДОСТЪП ДО АДВОКАТ НА ЛИЦЕ, ОБЕКТ НА НАКАЗАТЕЛНО ОБВИНЕНИЕ

ПО НЯКОИ ВЪПРОСИ ОТНОСНО ВЪЗМОЖНОСТТА ЗА ВРЕМЕННА ДЕРОГАЦИЯ НА ПРАВОТО НА ДОСТЪП ДО АДВОКАТ НА ЛИЦЕ, ОБЕКТ НА НАКАЗАТЕЛНО ОБВИНЕНИЕ

Author(s): Antoniy Gatov / Language(s): Bulgarian Issue: 1/2024

The following article examines situations where state authorities are derogating certain rights of charged persons in the context of ECJ’s Judgment in the case of Stachev (C-15/24 PPU). It further examines whether the domestic courts can examine and disregards evidence obtained in breach of certain domestic law or EU law requirements.

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FORMING THE ASSEMBLY AS A LEGISLATIVE BODY IN ANCIENT GREECE

FORMING THE ASSEMBLY AS A LEGISLATIVE BODY IN ANCIENT GREECE

Author(s): Vojislav Stanimirović,Una Divac / Language(s): English Issue: 1/2025

In every democratic society, the role of the assembly is of utmost importance, as it is a political body whose main task is to represent the will of the people. While societies and states have evolved over the centuries and became more complex, both ancient and modern democracies have faced similar issues, the most important one being the creation of efficient democratic mechanisms that will truly allow the voice of the people to be heard and enacted. In this paper, the authors will focus on the evolution of the assembly in ancient Greece, in an attempt to draw conclusions that would also benefit the modern world.

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НАЧЕЛО КОНТРАДИКТОРНОСТИ У ПОСТУПКУ ПРЕД УСТАВНИМ СУДОМ: КОМЕНТАР ПРЕСУДЕ ЕВРОПСКОГ СУДА ЗА ЉУДСКА ПРАВА

НАЧЕЛО КОНТРАДИКТОРНОСТИ У ПОСТУПКУ ПРЕД УСТАВНИМ СУДОМ: КОМЕНТАР ПРЕСУДЕ ЕВРОПСКОГ СУДА ЗА ЉУДСКА ПРАВА

Author(s): Nada Bodiroga Vukobrat / Language(s): Serbian Issue: 1/2025

After the Constitutional Court was established in accordance with the 2006 Constitution, parties to various proceedings were provided with another legal remedy for reviewing court decisions. The Constitutional Court, in response to constitutional complaints, began to annul court decisions, finding that these decisions violated or denied human or minority rights and freedoms guaranteed by the Constitution. This caused dissatisfaction among the courts, especially the Supreme (Cassation) Court. The 2022 amendments to the Constitution explicitly provided that a court decision may be reviewed not only by the competent court in a procedure prescribed by law, but also by the Constitutional Court in a procedure based on a constitutional complaint. At the end of 2024, the European Court of Human Rights issued a judgment against Serbia, which found a violation of the right to a fair trial in proceedings before the Constitutional Court due to the failure to provide a constitutional complaint to the person in whose favor the contested court decision was made. The subject of this paper is the analysis of that judgment and its possible impact on the proceedings of the Constitutional Court.

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ეროვნულ უმცირესობათა საკითხი საქართველოს დემოკრატიული რესპუბლიკის კონსტიტუციაში

Author(s): Otar Janelidze,Nana Sadghobelashvili / Language(s): Georgian Issue: 12/2024

Researching the issue of national minorities is a very relevant problem during the period of the First Republic of Georgia. One of the most interesting and important documentary sources for studying this topic is the Constitution of the Democratic Republic of Georgia, which was approved by the constituent assembly on February 21, 1921. The constitution essentially reflected and consolidated the attitude of the Georgian government and opposition political forces towards the national minorities living in the country from the day of restoration of statehood until the end of the democratic republic. As a result of the objective reality and the demographic policy of the Russian Empire, Georgia represented a multi-ethnic state. Realizing the seriousness of this issue, Georgian politicians immediately began to take care to solve it. The Act of Independence, which was published by the National Council on May 26, 1918, also focused on the rights of national minorities. The government consistently implemented the laws and decrees developed in the Parliament and the Constituent Assembly, which affected national minorities, and there were many of them. The representatives of national minorities, who held the mandates of the legislative body, took part in the creation of these legal acts (many representatives of national minorities were included in the active political parties, local self-governments (nations) and central state structures). While working on the draft of the Constitution of Georgia, the Constitutional Commission of the Constituent Assembly repeatedly invited representatives of national minorities to its meetings, heard, discussed and analyzed their demands, which found some reflection in the basic law of the state. The constitution defined the political appearance of the new Georgian state and clearly outlined the rights of citizens, including women, national minorities and others. Chapter 14 of the first Constitution of Georgia is devoted entirely to national minorities. A number of articles of the constitution, in which democratic standards are protected, were related to the provision of education, cultural, social and political rights of national minorities. It was important that the constitution provided for the inclusion of ethnic groups in the public and political life of the main population of the country and promotion of civil integration by preserving their values, identity and cultural identity. National minorities, with some exceptions, who showed separatist tendencies supported from outside, did not feel excluded in the Democratic Republic of Georgia, although the language barrier created certain obstacles for them to participate fully in the life of the state. Based on primary sources, archival material, data from the periodical press of the Democratic Republic, and considering the scientific literature, the article covers the vision of the national minorities living in Georgia in terms of protecting their rights and how they were reflected in the Constitution of the Democratic Republic. It is concluded that the issue of national minorities was not fully resolved in the Democratic Republic of Georgia, although it can be said that the internal state of Georgia in 1918-1921 was really adapted to the creation of an equal environment for national minorities. The importance of the research is determined by the relevance of the issue, which was so acute in the state reality of Georgia in 1918-1921 and does not lose its intensity even today.

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INSTITUCIONALNI MODELI I UPRAVLJANJE RAZLIKAMA U PODIJELJENIM DRUŠTVIMA

INSTITUCIONALNI MODELI I UPRAVLJANJE RAZLIKAMA U PODIJELJENIM DRUŠTVIMA

Author(s): Ivan Ćubela / Language(s): Croatian Issue: 1/2018

The author present the issue of divided societies and potential institutional solutions as a framework for overcoming differences in deeply divided and fragmented societies. In modern political theory, especially in the second hald of the 20th century, there is a whole range of models that in practical terms enable the building of the inner stability of society, along with the political and social involvement of segments that make it counterbalanced to the Westminster model. The author concludes that the key turning point and understanding of the issues of divided societies was the itroduction of a consociational democracy into political discourse which, by applying federal principles, has proved to be a quality empirical and normative mode that primarily serves as an explanation of political stability and wants to explain the mechanisms of maintaining a stable democratic government in a plural society.

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REFORMA IZBORNOG ZAKONODAVSTVA - PRVI KORAK KA OSTVARENJU HRVATSKE NACIONALNE SUVERENOSTI I FUNKCIONALNOSTI BIH

REFORMA IZBORNOG ZAKONODAVSTVA - PRVI KORAK KA OSTVARENJU HRVATSKE NACIONALNE SUVERENOSTI I FUNKCIONALNOSTI BIH

Author(s): Božo Ljubić,Josip Merdžo / Language(s): Croatian Issue: 1/2018

Process of de-constituting Croats in Bosnia and Herzegovina started with unconstitutionally imposed changes of the Election Law following the proposal of the head of OSCE’s mission in BiH Robert Berry in 2000, and continued in 2002 with imposed amendments to the Constitution of the Federation of BiH by high representative Petritsch. These amendments, resulted in further de-constitution of Croats and strengthening division of Bosnia and Herzegovina in two entities – Serb dominated Republika Srpska and Bosniak dominated Federation of BiH. The gravest consequences for Croatian constitutiveness and equality originated from the changes of the Election Law regarding election of delegates in the House of Peoples of the Federation. Election rules allowed cantons with Bosniak majority to always elect majurity in all Clubs. These changes were a motif for me, as a speaker of the House of Representatives of the PA BiH, to send a Request to review the constitutionality of the BiH Election Law in the part that refers to the election of delegates in the House of Peoples of the Federation. Constitutional Court declaring certain articles of the Election Law unconstitutional. These decisions give confidence and show the way how to continue with correcting disrupted solutions of the Dayton Peace Agreement. Accomplishment of full constitutiveness and sovereignty of Croatian people and construction of functional and self-sustaining Bosnia and Herzegovina can be attained only with fundamental constitutional reform which will recognize the right of Croatian people to decide on the internal organization of the state where it wants to live.

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BELGIJSKI PRIMJER FEDERALIZACIJE

BELGIJSKI PRIMJER FEDERALIZACIJE

Author(s): Zvonko Miljko / Language(s): Croatian Issue: 1/2018

There is a constant interest in every country in the constitution as the highest legal and political act, and the fundamental law of the state. As a general matter in which the answer to the eternal question of man and government is contained, this constitutional dialogue is desirable and precious. However, in the history of constitutionality there were the most varied constitutions in different countries. The constitutions were often an expression and attempt to emerge from the crisis and have represented a part of the new beginning after the crisis. One succeeded, and their norms took hold, while others became what we call in theory a semantic constitution - a constitution only by name - which is not realized in practice, but the constitutional-political reality predominates of a real constitution that predominantly or completely differs from its written principles and norms. Thus, individual constitutions, instead of representing a solid legal basis in mediating the inevitable political conflicts in each political community, reproduce new and simply shift the package of unresolved political problems to new generations. Any talk about the Constitution of Bosnia and Herzegovina, from whichever corner, leads me to the crucial constitutional problem related to a form of polity. The territorial organization of the government knows only two solutions: federal and unitarian authority. The rich theoretical and practical experience of federalism has yet to date produce unequivocal answers. Within the ultimate theoretical boundaries are the federal units, which are, along with the citizens, constitutive elements of the federal state. Within that framework, each federation is story unto itself and represents “the flower of its own soil”, as its own attempt to make a complex response to a complex reality. Can some examples be of benefit or represent a pattern? I think the answer imposes itself based on these few introductory sentences. Belgium (1993.) and Bosnia and Herzegovina (Washington 1994 - Dayton 1995) are the two youngest federations in the world. Belgium, from the unitary state, devolutionary through four successive constitutional reforms (1970 to 1993), transformed itself to the federal state. Bosnia and Herzegovina has been transformed into an ultra-structured, asymmetric and dysfunctional federal state by Washington-Dayton international peace agreements. Conflict between federalists and antifederalists for the whole time did not stop and has become more and more heavier each day, which has pushed the country into the largest constitutional crisis which has not been seen before. Can we open a new constitutional and reform dialogue and can experiences of Belgium help, are the questions I will try to answer, especially by paying attention to problems, contradictions and misconceptions about the so-called “non-territorial” or personal federalism.

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GRUPNA JEDNAKOST U MULTINACIONALNIM FEDERACIJAMA U ODNOSU NA FEDERALNA NAČELA «SAMOUPRAVE» I «ZAJEDNIČKE UPRAVE»: OSVRT NA BOSNU I HERCEGOVINU

GRUPNA JEDNAKOST U MULTINACIONALNIM FEDERACIJAMA U ODNOSU NA FEDERALNA NAČELA «SAMOUPRAVE» I «ZAJEDNIČKE UPRAVE»: OSVRT NA BOSNU I HERCEGOVINU

Author(s): Dejan Vanjek / Language(s): Croatian Issue: 1/2018

Paper uses federal principles of ‘self-rule’ and ‘shared-rule’ in view to establish basic theoretical framework, in which rights of constituent groups in multinational countries can be analysed and juxtaposed. There are varieties of available territorial designs for accommodation of self-rule in multinational federations, but what matters most for the equality is to assure symmetric position of ‘state-creating’ subjects. Likewise, symmetry is also required to assure balanced application of shared-rule principle to secure overall institutional equality foremost in the sense of equal participation, legitimate representation and empowerment of constituent groups in decision making bodies and processes. Therefore, next to basic organizational structure electoral provisions come up as second most important element needed to check the equality and ownership status of constituent groups in a compound federal state. This approach is further supported by the assessment of equality of the three constituent peoples in Bosnia and Herzegovina as its explicit constitutional subjects, in terms of redistribution of key elements of power sharing among them.

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VITALNA STATISTIKA PODIJELJENOGA DRUŠTVA – SLUČAJ BOSNA I HERCEGOVINA (2013. – 2022.)

VITALNA STATISTIKA PODIJELJENOGA DRUŠTVA – SLUČAJ BOSNA I HERCEGOVINA (2013. – 2022.)

Author(s): Martina Miljak,Mirjana Milićević / Language(s): Croatian Issue: 1/2024

The society of Bosnia and Herzegovina is characterized by a unique mosaic of ethnic identities and multiculturalism resulting from the complex history and rich cultural heritage of the peoples living on the soil of Bosnia and Herzegovina. The same characteristics that make up a unique social mosaic are the basis of deep divisions at all social and political levels, which consequently prevent the development and progress of the state. At the same time, extremely unfavorable demographic trends, negative natural change above all, population aging, emigration and, consequently, the reduction of the contingent of the population in working and reproductive age determine the general development of the country and additionally shape the social and economic picture of the country. Analysis of vital statistics data for the period after the last population census (2013) indicates a demographic decrease in all constituent nations. Data on the natural movement of the population according to the nationality of the mother of a live-born child, or the nationality of a death population, indicate that the natural change is negative in all three constituent nations in the period from 2013 to 2022. The absence of a population census after 2013 makes it difficult to see the state of society and create the development plans. The deep divisions of the post-war Bosnian society, the administrative-territorial division of the state into two entities and one district, the politicization of all segments of social life and the lack of consensus between state bodies represent an obstacle to the organization of a new population census, which is necessary as a basis for identifying the needs and planning the development strategies of the state.

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KONTROLNA ULOGA PARLAMENTARNE SKUPŠTINE BOSNE I HERCEGOVINE S POSEBNIM OSVRTOM NA IMENOVANJE I SMJENU VIJEĆA MINISTARA BOSNE I HERCEGOVINE

KONTROLNA ULOGA PARLAMENTARNE SKUPŠTINE BOSNE I HERCEGOVINE S POSEBNIM OSVRTOM NA IMENOVANJE I SMJENU VIJEĆA MINISTARA BOSNE I HERCEGOVINE

Author(s): Robert Vidović / Language(s): Croatian Issue: 1/2024

The Parliamentary Assembly of Bosnia and Herzegovina is the highest legislative body, which, in addition to the above, has other powers provided for by the Constitution of Bosnia and Herzegovina. One of them is participation in the appointment of the Council of Ministers of Bosnia and Herzegovina, which represents the controlling role of the Parliamentary Assembly in relation to the executive bodies. The paper analyzes the procedure itself, which, in addition to the basic provisions contained in the Constitution of Bosnia and Herzegovina, is regulated by the Rules of Procedure of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina. The Rules of Procedure provide for the establishment of a special Commission for the preparation of Council of Ministers elections, which is one of the permanent commissions. Mechanisms that parliaments in modern democracies have at their disposal in performing a control role are discussed, with reference to the frequency of their use and the reasons for the same. The author presents views on the role of parliament in modern democracies and the influence of that position on the performance of its control function, proposes solutions for amendments to existing regulations related to the control role of the Parliamentary Assembly of Bosnia and Herzegovina, which can contribute to a more efficient performance of this function, but also to the maintenance and strengthening the role of the parliament itself, taking into account the relationship between the legislative and executive powers in modern democracies.

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ДА ПОМНИМ И ДА ПАЗИМ ПРОЕКТА НА АЛЕКСАНДЪР СТАМБОЛИЙСКИ - ЗЕМЕДЕЛСКИЯТ АПОСТОЛ, ЗА НОВА КОНСТИТУЦИЯ, РАЗРАБОТВАН АПРИЛ-МАЙ 1923 ГОДИНА!

ДА ПОМНИМ И ДА ПАЗИМ ПРОЕКТА НА АЛЕКСАНДЪР СТАМБОЛИЙСКИ - ЗЕМЕДЕЛСКИЯТ АПОСТОЛ, ЗА НОВА КОНСТИТУЦИЯ, РАЗРАБОТВАН АПРИЛ-МАЙ 1923 ГОДИНА!

Author(s): Iliya Peev / Language(s): Bulgarian Issue: 1/2024

The report is dedicated to the project for a new constitution from 1923, developed by Alexander Stamboliyski, the Agricultural Apostle! An appeal has been made to find the original document, which has remained unknown for more than a century.

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REJET DE CANDIDATURES À L’ÉLECTION PRÉSIDENTIELLE POUR CAUSE DE « COMPORTEMENT ANTIDÉMOCRATIQUE »: AFFIRMATION DE LA DOCTRINE DE LA DÉMOCRATIE MILITANTE DANS LA JURISPRUDENCE DE LA COUR CONSTITUTIONNELLE ROUMAINE?

REJET DE CANDIDATURES À L’ÉLECTION PRÉSIDENTIELLE POUR CAUSE DE « COMPORTEMENT ANTIDÉMOCRATIQUE »: AFFIRMATION DE LA DOCTRINE DE LA DÉMOCRATIE MILITANTE DANS LA JURISPRUDENCE DE LA COUR CONSTITUTIONNELLE ROUMAINE?

Author(s): Natașa Danelciuc-Colodrovschi / Language(s): French Issue: 39/2025

On December 6, 2024, the Constitutional Court of Romania annulled the presidential election due to irregularities, particularly the abusive use of social media by Călin Georgescu, which distorted the fairness of the vote. Due to this misconduct, his application for registration as a candidate in the new election scheduled for May 4, 2025, was rejected by the Central Electoral Bureau. This rejection was confirmed by the Constitutional Court, in accordance with its jurisprudence established in a ruling on October 5, 2024, which also dismissed the candidacy of Diana InavoviciȘoșoacă for her anti-democratic behaviour. The Court acted based on the doctrine of militant democracy to exclude both candidates from the electoral race. However, this case law raises concerns about compliance with the principles of legality, legal certainty, and the risks of possible political manipulation of established judicial precedents for partisan purposes. This study also offers, from a broader perspective, a reflection on the use of the doctrine of militant democracy, the interpretive limits that apply to constitutional judges, and respect for the principle of the separation of powers.

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Конституционная ценность «здоровье человека» в приоритетных направлениях государственной политики

Конституционная ценность «здоровье человека» в приоритетных направлениях государственной политики

Author(s): A. M. Khurmatullina / Language(s): Russian Issue: 3/2024

The health and well-being of the population are two core values that underpin the Russian state policy. With digitizing healthcare, a growing interest has been witnessed in the constitutional value of health, as well as the right to healthcare and medical assistance. This focus is essential for the development of the Russian healthcare legislation and state policy strategies. Here, the normative content of the right to healthcare was explored from historical and current perspectives. The study used both standard (analysis and synthesis) and some specific (historical, statistical, logical and comparative legal) methods. The analysis was based on the constitutional provisions of the Soviet era and the Constitution of 1993; the laws and regulations of the federal Russia that concern healthcare and define the priority areas of the Russian state policy; and the legal interpretations from the Constitutional Court of the Russian Federation and general jurisdiction courts. Particular attention was given to the role of health in different areas of life, such as the economy, society, environment, science, and technology. The retrospective research on the constitutional regulation of the social value of health during the Soviet era was performed. The normative content of this value and its components in the current Russian legislation was identified. Guarantees for the right to healthcare and medical assistance in the priority areas of the Russian state policy were considered. Recommendations to improve these established guarantees were designed.

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CEEOL is a leading provider of academic eJournals, eBooks and Grey Literature documents in Humanities and Social Sciences from and about Central, East and Southeast Europe. In the rapidly changing digital sphere CEEOL is a reliable source of adjusting expertise trusted by scholars, researchers, publishers, and librarians. CEEOL offers various services to subscribing institutions and their patrons to make access to its content as easy as possible. CEEOL supports publishers to reach new audiences and disseminate the scientific achievements to a broad readership worldwide. Un-affiliated scholars have the possibility to access the repository by creating their personal user account.

Contact Us

Central and Eastern European Online Library GmbH
Basaltstrasse 9
60487 Frankfurt am Main
Germany
Amtsgericht Frankfurt am Main HRB 102056
VAT number: DE300273105
Phone: +49 (0)69-20026820
Email: info@ceeol.com

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