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Funkcje Prezydenta Republiki Litewskiej w świetle Konstytucji z 1992 r.

Author(s): Krzysztof Prokop / Language(s): Polish Issue: B/2016

The article is devoted to analysis of the constitutional functions of the president of the Republic of Lithuania. According to the author it is possible – in the light of the Constitution of 1992 – to define three functions of the president: state representation, an executive function, and an arbitration function. The function of state representation is directly connected with the president’s role as head of state. The executive function means the president is part of the executive power and may participate in the determination of state policy, especially in the sphere of foreign policy and national security. As an arbitrator, the president can stabilize the functioning of Lithuania’s political system. The strong position of the president is, however, balanced by the Seimas (Parliament).

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The Right to Peace in the Polish Legal System

Author(s): Małgorzata Babula / Language(s): English Issue: 1/2017

Nowadays peace became scarce. Expanding conflicts, terrorist attacks and the uncertainty so common to today's times put in question the value that was won after many years of war. The Constitution is free from regulations treating directly about peace. There are only few references to it. Perhaps, peace is a luxury for which we have to fight, and neither a right that must be protected nor freedom which we can/should use. Maybe it is not supposed to be talked about the right to peace, but about some kind of a privilege. Therefore, it would be necessary to admit, that there is a mistake done already in the subject of this paper. This area seems also to be interesting especially, when moving the optics and focusing on the actions and declarations of heads of states while implementing the common political objectives that are at odds with objectives of other/opposite countries. The word war is used like a substitute for terms ‘peace, freedom and prosperity’, or even worse, like a way to it.

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Друштво народа ‒ организација проистекла из Првог светског рата и вододелница нове ере дипломатије

Author(s): Srđan Slović,Vesna S. Zarković / Language(s): Serbian Issue: 2/2016

The foundation of the first international organization (League of Nations) in 1919 makes the breakup with traditional diplomacy. This diplomacy is known as „old diplomacy“, and represented the system of interrelations between the government of sovereign states. Such system relied on the diplomats exchange or ministers responsible to act as the representatives and information transmitters. As the information transmitters, ambassadors acted as „people present on the spot “informing their governments on the internal situation of the country where they perform their duty. As mediators, ambassadors represent their state and protect interests of their governments before the state where they were accredited in order to encourage amicable relationships between two countries. These are positive sides of old diplomacy. Negative sides tackles its conservativeness and secretions. During the 19th century diplomatic institutions are modernized as attachés for military, cultural and economic issues, which are added to diplomatic personnel. The shortcomings of old diplomacy was tried to be made up for by the first organization of universal character founded on the 28th of April 1919. It represented the compromise between the system of collective security and sovereignty of states. A great role in the foundation of the League of Nations was played by Woodrow Wilson, who based it on the critics of the system of balance of power. In his famous 14 points he emphasized the principles of new diplomacy based upon liberalism with realistic guarantees. The League of Nations showed some drawbacks, since it had been founded by the winners and prevented by the right to veto the sanctions to be applied on them. The war remained as a supreme means to right acquisition – ultima razio. It could not manage to solve the conflict between collective security and sovereignty, what was one of the main reasons USA did not acted to the Covenant. They feared that the article 16. of the Covenant might undermine American sovereignty and constitutional power of the Senate to declare the war.

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Право мањина на слободу изражавања на сопственом језику: примена европског регулаторног оквира у Републици Србији

Author(s): Jelena Surčulija Milojević / Language(s): Serbian Issue: 1/2016

In the second half of the twentieth century, the important European documents that regulate protection of minorities were adopted. For the first time, the freedom of expression in minority languages is regulated and guaranteed. At the beginning of twenty- first century, after democratic changes in the Republic of Serbia, the new laws that were trying to incorporate the minority rights, were adopted. However, as it covered both the media law field and other legal fields (e.g. protection of national minorities, regulation of local and regional authorities), there have been many legal disputes and not all these laws have been not harmonized with each other. This lead to conflicts in implementing the regulations. For example, media laws prescribe that the state can not own any media and that the state owned media had to be privatized or its ownership transformed in some other way. On the other hand, non-media laws, such as the Law on the Capital – Belgrade or the Law on Local Authorities prescribe that local and regional authorities could establish and own the media. The second issue covered by the paper is the problem of privatization of state owned media that were broadcasting programs in minority languages. Firstly, it was regulated by a by-law, confirmed by the new Law on public information and media adopted in August 2014. Both documents say that whoever buys state-owned media that broadcast programmes in minority languages, has the obligation to keep such programme for another five years. The question is – what would happen with programmes in minority languages after five years? The paper suggests an urgent state strategy on this issue. Third issue may be that, as radio frequencies have not been digitalized yet, there may be no space in the frequency spectrum for the new radio stations that would apply to broadcast in minority languages. The paper concludes with the evaluation of the Council of Europe and the European Commission of the Republic of Serbia during the last decade on the issue on freedom of expression of minorities in their languages in media are presented. The main worry was financial sustainability of the Vojvodina’s second public service channel. This broadcast only in minority language, as for more than a year, the public service broadcasters in Serbia were financed from the state budget. The second worry was the access of minority media to frequencies and whether the Regulator took into consideration the broadcasting aimed at national minorities as a plus or not. Finally, how does the overall limitation of freedom of expression in Serbia has an influence on freedom of expression of minorities in their languages.

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Хармонизација националних прописа са eвропским регулаторним оквиром у области радио-дифузије у Cрбији

Author(s): Irina R. Milutinović / Language(s): Serbian Issue: 4/2012

This paper presents a European regulatory framework for the broadcasting sector, which includes a number of international documents in which the consensus of member states of the Council of Europe and the European Union has been achieved. The standards known as Euro¬pean prac¬ti¬ce or Euro¬pean stan¬dards are given in the form of directives and recommendations and provide a unique and mandatory regulatory framework for the development of the media in all countries of integrated Europe. The aim of this paper is to examine the degree of harmonization between the requirements of the European regulatory framework works and achievements of the local media regulations and their implementation. By applying comparative, descriptive methods and the theoretical analysis of legal documents that are the source of material for this study, we conclude that the harmonization of domestic legislation with European standards in this area has significantly been achieved in the legislative acts adopted in the Republic of Serbia during the period between 2000 and 2012. Due to the positive examples of harmonization the preconditions for democratic transformation of the media system of Serbia as a whole have been achieved. However, from the point of view of the implementation of the set provisions in practice, the observed period is characterized by breach of the law, the Constitution of the Republic of Serbia, as well as the binding international documents, demonstrating the lack of political will to implement consistently and comprehensively the reform of the media system in Serbia. The recent development challenges of broadcasting require more decisive, consistent and thorough harmonization of domestic regulatory practice with the European media regulatory framework.

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Политичке, економске и социјалне последице окупације јужне српске покрајине Косова и Метохије

Author(s): Dragoslav Kočović / Language(s): Serbian Issue: 2/2012

In this work I am trying to present political, economic and social consequences of the occupation of South Serbian province Kosovo and Metohija. The intention is to show, in time and space, relying on historical and anthropo- sociological methods and using irrefutable arguments that Kosmet is Serbian soil from the earliest beginnings, that the Serbs are autochthonous people there, that the Albanians are immigrants the Serbian state offered shelter to and saved from disaster. Serbia and Serbian people made an effort to integrate the Albanian minority group into complete social development of Serbia, based on inter- ethnic and inter-religious equality respecting all the standards of international and national laws which regulate the issues of ethnic minorities. The conclusion is that no other minority had so many rights as guaranteed to the Albanians by the Serbian Constitution. It was the opportunity to take by force and terror Kosovo and Metohija in the course of disintegration of The Second Yugoslavia. Helped by Nato and the EU, the Albanians usurped 15 percent of Serbian territory and considerable share of economic capacities and objects of social work and services, even private property which is considered to be sacred in civilized world. They are trying to transform the usurpation, helped by the USA and the EU, into an independent and self- governing state, justifying it as alleged majority volition. Analysing the migration of population we show that the Albanian population has never been autochthonous nor prevailing. The state of Serbia, her material and spiritual foundation, cherished and developed in this part of Serbia clearly confirms Kosmet to be legally and customary undisputedly Serbian soil.

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Ewolucja środków nadzoru o charakterze personalnym na przykładzie rozwiązania rady gminy i odwołania wójta

Author(s): Katarzyna Borówka / Language(s): Polish Issue: XXXIV/2015

The means of supervision of a personal nature have been subject to a statutory regulation since the restoration of local self-government in 1990. Especially important consequences are associated with the implementation of the measures stipulated in art. 96 p. 1 and p. 2 of the Law on Municipal Government, such as the dissolution of the municipal council by the Sejm and the recall of a mayor by the Prime Minister. The supervisory interference results in the end of the activity of the bodies directly elected by the members of the local community. The reasons that justify the use of certain personal means include repeated violations of the Constitution or laws by municipal authorities. During 25 years of functioning of the local self-government in Poland, the regulation of supervisory control of the proceedings leading to the end of activities of municipal authorities has changed a lot, as well as the property of the supervising authority applying personal means in relation to the executive body. The assumption of the completeness of the supervision over the local self-government justifies the regulation of measures aimed at the decisions of a municipal council and a mayor, and the measures directly aimed at the possibility of functioning of these bodies. A municipality is the basic unit of local self-government which carries out the essential part of public tasks on its own behalf and on its own responsibility. In practice, the local community primarily exercises the public administration by legislative and executive bodies. Providing an appropriate protection against repeated violations of law by the authorities that undertake decisions on behalf of the local community is a necessary condition for the effectiveness of supervision over the activities of a municipality. The regulation of personal means is also an essential component of the protection of law in local self-government. Personal means perform protective functions of the local community members, as well as other beneficiaries of public tasks.

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Prawna regulacja budżetu obywatelskiego a jego praktyczna realizacja - czyli o uspołecznianiu wykonywania zadań publicznych na przykładzie rozwiązań przyjętych w Trójmieście

Author(s): Dominika Tykwińska-Rutkowska,Paulina Glejt / Language(s): Polish Issue: XXXIV/2015

The local self-government in Poland, which revived in the early 1990's, has been considered to be one of the essential components of public administration. The principle of decentralization, which is implemented by self-government, is directly expressed in art.15 of the constitution which describes it as the foundation of a democratic state. Local communities operating on the principle of subsidiarity, in particular municipalities, are the ideal place to develop the mechanisms of social participation and civil society. One of the instruments of social participation at the local level, which has been more and more popular in recent years, is the participatory budget. The presentation of this institution is the main purpose of the article. The Authors present the essence of the participatory budget and its role in the socialization of administrative processes and point out the challenges that accompany its implementation on the example of legal solutions adopted in selected cities.

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Ochrona życia poczętego w porządkach prawnych wybranych państw europejskich

Author(s): Magdalena Debita / Language(s): Polish Issue: 7/2017

Teza: Artykuł dąży do rozstrzygnięcia – na przykładzie trzech największych gospodarek europejskich – czy rozwój gospodarczy łączy się z rozwojem liberalnej czy bardziej restrykcyjnej polityki społecznej w przedmiocie ochrony życia poczętego. Przyjęte tezy stanowią, że: 1) kierunkiem wspólnym dla wszystkich analizowanych przypadków jest liberalizacja prawa; 2) zakres ochrony życia poczętego w Niemczech, Francji i Wielkiej Brytanii nie jest na tyle szeroki, aby zapewnić niezbędną ochronę dzieciom nienarodzonym.Omówione koncepcje: Artykuł zawiera analizę aktów prawnych oraz orzecznictwa Niemiec, Francji i Wielkiej Brytanii, dotyczących ochrony życia poczętego.Wyniki i wnioski: Zarówno w Niemczech, Wielkiej Brytanii, jak i we Francji, przyjęty jest zasadniczo jeden wspólny kierunek rozwoju sfery polityki społecznej. Można określić go jako systematycznie postępującą liberalizację regulacji prawnych w dziedzinie ochrony prawnej życia poczętego. Koresponduje on ze stopniowym poszerzaniem zakresu ochrony praw podmiotowych kobiet ciężarnych oraz par korzystających z procedur medycznie wspomaganej prokreacji współfinansowych ze środków publicznych. Drugim wnioskiem jest obserwacja, że zakres ochrony życia poczętego w omawianych państwach nie jest na tyle szeroki, aby zapewnić niezbędną ochronę dzieciom nienarodzonym, zgodnie z tymi tendencjami, które są charakterystyczne na przykład dla Polski i kilku innych państw UE.Oryginalność/wartość poznawcza podejścia: W polskiej literaturze naukowej nie istniało dotąd opracowanie porównawcze zestawiające systemy prawnej ochrony życia poczętego trzech największych europejskich gospodarek w celu poszukiwania odpowiedzi na pytanie, w jakim kierunku podąża polityka społeczna w tym przedmiocie. Artykuł wypełnia także lukę w kwestii omówienia zakresu ochrony życia poczętego w Niemczech, Francji i Wielkiej Brytanii pod kątem zapewnienia niezbędnej ochrony dzieciom nienarodzonym.

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Security, Accommodation and Integration: The “Law of the Land” and Jewish Privileges in Old Poland

Author(s): Anat Vaturi / Language(s): English Issue: 38/2016

The article discusses royal privileges granted to the Jews in Old Poland and examines the jurisdiction over Jews from the new perspective of relations with Polish customary law—“Law of the Land.” More precisely, it analyzes the content and procedures of the clauses guaranteeing Jewish physical security and shows their connection with land law and the practice of district courts, a connection that contributed to the incorporation of the Jews into the Polish legal system and practice.

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„Dzieci w widowisku mężczyzn”? Realizacja biernego prawa wyborczego przez kobiety z województw południowo-wschodnich II Rzeczypospolitej

Author(s): Tomasz Pudłocki / Language(s): Polish Issue: 1/2017

On November 28, 1918, Chief of State Józef Piłsudski signed a decree prepared by the government of Jędrzej Moraczewski granting active and passive voting rights to women. At the same time, throughout the whole interwar period, civil law remained contrary to the principle of gender equality enshrined in the Constitution of March 1921. It resulted from the provisions of the legal codes of pre-war empires and was under requisition until 1939. Moreover, it is worth remembering that in the world of distribution and power relations, connections and distinguishing the “assigned” roles of male and female were more important than equality in parliamentary elections. The author of the article tries to show that there was a huge gap between the law and the actual political practice during the whole period. He examines pre-election calls for voting articles, reports from political meetings as well as articles on suffrage written by men and women. Different political parties had one thing in common – women were treated by their representatives as a beautification of politics, not as equal partners. It appears that not only men believed that they were better prepared for public world offices – the majority of women, even from the upper classes, shared this vision. The example of the south-eastern provinces of the Second Polish Republic shows huge conservatism of the elite’s mentality.

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Piotr Majer, Ustawy policji polskiej (1791–1990). Źródła z komentarzem, Wydawnictwo Marszałek, Toruń 2007.

Author(s): Marcin Łysko / Language(s): Polish Issue: 1/2008

Review of: Piotr Majer "Ustawy policji polskiej (1791–1990). Źródła z komentarzem"; Marszałek Publishing , Toruń 2007; by: Marcin Łysko

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Dayton Peace Accords Two Decades After: Constitutional Settlement as Serious Obstacle to the Creation of a Functional State

Author(s): Zarije Seizović,Goran Šimić / Language(s): English Issue: 2/2016

Twenty-one years after entering into force of the General Framework Agreement for Peace in Bosnia and Herzegovina (the Dayton Agreement), it seems that the political situation in Bosnia and Herzegovina has not significantly changed. The basic achievements of the Dayton Agreement, such as stopping the war and country’s democratization and institution building processes are evident, however the agreement failed to create a politically stable functional state and the united nation accepted by all its citizens. On the contrary, the agreement significantly contributed to the creation of divided society (and political community) composed of three ‘constituent peoples’ and others. Neither social nor political community stood the test of time. The country could not meet the requirements and standards set by the European Union, especially the constitutional reform that is claimed to be the precondition to other reforms. Then, despite agreement’s significant accomplishments in the field of human rights protection it generated State political structure based on the principle of the three constituent peoples’ exclusive ethnic representation, all at the expense of rights of individual.

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Critical Analysis of the Ottoman Constitution (1876)

Author(s): Huseyin Korkut / Language(s): English Issue: 1/2016

The conceptions of an individual and the nation-state gave birth to modernity and certainly shaped the socio-political systems in European countries. Newly founded European sociopolitical system gradually influenced social, political and legal structures of countries under the sphere of colonial and imperial influences of great powers. In this regard, such developments coupled with intensive westernization process influenced the Ottoman society, especially during the last decades of the empire. An analysis of the Ottoman Constitution (Kanun-u Esasî) (1876) within last few decades of the empire will show such socio-political and legal changes and developments. This paper, within the framework of constitutional acts, attempted to analyze two works that were critical about the Ottoman Constitution (1876). It is indicative that these two sources were also addressing western socio-political and legal influences on the Ottoman society. These two works deal with range of modern issues such as freedom, equality and justice by considering their very roots in the Islamic legal traditions. Therefore, this paper will analyze these two works in light of the Ottoman Constitution (1876) that preserved in essence the Islamic legal principles.

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Federalizam u doba krize: modernizacija američkog federalizma od Građanskog rata do Novog dogovora

Author(s): Marko Vujačić / Language(s): Serbian Issue: 7/2013

The era from the end of the Civil War in 1865 until the Great Depression in 1930s is considered to be a period of modernization of the American federalism. There are three main characteristics of this period. The first is the prevalence of the notion of a living Constitution, an instrument which continuously develops, is interpreted differently over time and adjusts to the changed political and socio-economic conditions. The second is the consolidation and further strengthening of the powers of the federal government in relation to the level of states. This was enabled by the constitutional structure of the federal system and intergovernmental competition over powers, as well as changed socio-economic conditions, which caused the formation of a new type of coalitions – from traditional business interest groups that covered both sides of the political spectrum toward the creation and strengthening of the class coalitions. Finally, the paper also demonstrates that the interference of the federal government in the state domain particularly accelerates in times of greater economic shocks and crises.

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Dan državnosti (ili) Sretenje: ideologija vs. hronologija

Author(s): Srđan Milošević / Language(s): Serbian Issue: 4/2012

The paper deals with the ideological and chronological issues concerning Statehood day, which is celebrated on the 15th and 16th of February in Serbia. The focus will be on the connection which is being established between the state holiday of Statehood day and Candlemas Day which is a church holiday. The paper will further deal with the problems with dating the two key events – the start of the First Serbian Uprising in 1804 and the adoption of the first Serbian Constitution in 1835 – which, according to the Serbian law on national and other holidays, form the basis for the celebrating of Statehood day. The paper will prove that it wasn’t necessary for the legislators to insist on establishing a connection between the aforementioned events and the date of the church holiday neither in the 19th nor in the 21st century. The author will also point out the significant errors in chronology: it is falsely claimed that the anniversaries of both these events coincide with Candlemas Day (in 1804 and 1835, respectively), and that it is hence unwarranted to claim that they coincide with Candlemas Day in the 21st century. It will be shown that the reason for these errors lies in the incorrect calculation and translation of dates from the Julian into the Gregorian calendar, as well as that the contemporary insistence on the connection between Statehood day and Candlemas Day is ideologically conditioned and that it is a consequence of the desecularization of Serbian society.

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Upravljanje osećanjima pripadanja: Antropološka analiza "kulture" i "identiteta" u Ustavu Republike Srbije

Author(s): Čarna Brković / Language(s): Serbian Issue: 2/2008

The topic of this work is critical reconsideration of a cultural idea which is standardized by the highest political-legal document of the Republic of Serbia. I am starting from the assumption that if in the Constitution as a "founding legal and political document of a state", are incorporated concepts of human rights, and, particularly, the rights of the minorities (as set apart and protected), then a certain idea is standardized by it, i.e., a concept about what is Culture or what it should be. The analysis points out to three main problems which stem from writings about culture in the Constitution of the Republic of Serbia from 2006. Firstly, the concept of culture used in the Constitution is grounded in the aged anthropological idea of culture as a complete, homogenous, and authentic whole. This idea of culture carries a great potential for creating cultural conflicts. Secondly, the ways of managing cultural belonging are not carefully considered. The writers of the Constitution have not offered the mechanisms to resolve the potential cultural clashes in which all conflicted parties respect the constitutionally offered solutions. Thirdly, in the Constitution, theses of liberal and multicultural policy of identity are not carefully united. Combining the idea of free and equal citizens with the recognition of specific cultural rights of the minority’s demands developing a specific system for overcoming their contradictions. Such a system has not been offered by the Constitution.

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Konstitucinis Valstybės Ir Bažnyčios Atskyrimo Principas: Socialinės Taikos Metodologija

Author(s): Gediminas Mesonis / Language(s): Lithuanian Issue: 77/2013

The article provides an analysis of certain aspects of the principle of the separation of church and state. The principle of the separation of church and state is, first of all, a philosophical-political theory whose discourse substantiates the need for such separation and formulates concrete models for the implementation of this principle. The essential, conceptual, statement of the principle of the separation of church and state implies the necessity for the disconnection of the discharging of state functions from churches or religious organisations. The theory of the origin of the separation of church and state should be related to the historical development of human rights and freedoms. When in the philosophical doctrine, legal norms, and in the actual social relations, an individual human being became equal in qualities to another human being, the preconditions for the formation of the principle of the separation of church and state appeared. The recognition that the individual himself can freely choose and confess his world outlook and that no majority has any right to impose on him a different world outlook, was the turning point in history. Then the need for the consolidation of freedom of religion came into being. The argument that it is freedom of religion that is the ontological element in the structure of the theory of the separation of church and state is a reasonable one.

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Neposredna primena člana 9, stava 3 Arhuske konvencije u pravnom poretku Republike Srbije

Author(s): Rodoljub Etinski / Language(s): Serbian Issue: 3/2013

The text explores a possibility of direct effect (direct application) of Article 9(3) of the Aarhus Convention in legal order of the Republic of Serbia. The Article guarantees access of the public to administrative or judicial procedures to challenge compatibility of acts of private persons or public authorities with national law relating to environment. In Lesoochranárske zoskupenie the European Court of Justice finds that, according the EU standards on direct effect of international treaties, the Article is not capable to produce direct effect, since contracting parties enjoy a broad discretion to formulate criteria for the public’s access to review procedures. However, the European Court of Justice remained that each member state might have its own standards on direct effect of international treaties and that Slovak courts were obliged to take into account Article 9(3) of the Aarhus Convention when interpreting Slovak procedural law to provide the EU environmental law with best effectiveness. The 2006 Constitution of Serbia foresees direct application of international treaties without limitations and conditions. Still, judicial practice is not fully consistent and it would be premature to derive reliable standards on direct application of international treaties in Serbia. In Serbian legal system there are no particular procedural provisions in environmental law that meet requirements of Article 9(3) of the Aarhus Convention and general procedural provisions depart from these requirements in respect of legal standing. Direct application of Article 9(3) would be possible in such situation as a replacement for missing particular domestic provisions or as supplement of general procedural provisions. The first possibility is less probable. More probable is that a court would search for new interpretation of legal standing in co-effect of domestic general procedural provisions and Article 9(3) of the Aarhus Convention.

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Islamic Constitutionalism In Iranian Way

Author(s): Milan Blagojević / Language(s): English Issue: 3/2012

In this paper the author focuses his attention on constitutional system of Islamic Republic of Iran. There are many reasons for that and for the purpose of this paper they are divided into two groups: geopolitical and constitutional. With regard to the second group of reasons, to which the most part of the paper is devoted, it is pointed that the Islamic Republic of Iran is especially remarkable state among the states in which the principles of Islam are seen throughout the entire constitutional government. It is specific type of Islamic constitutionalism and for that the author also discussed the essence of Islamic constitutionalism (and its forms) through its relationship with the notion of constitutionalism. Main part of the paper contains the basics of the constitutional organization of the Islamic Republic of Iran according to the Constitution from 1979, revised in 1989.

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