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ZAVNOBiH I DRŽAVNOPRAVNI KAPACITET BOSNE I HERCEGOVINE

Author(s): Mustafa Imamović / Language(s): Bosnian Issue: 12/2013

The founding of ZAVNOBiH under the conditions of the people’s liberation war represented a historically logical and legally completely legitimate act as an expression of the constitutional continuation and political integrity of Bosnia and Herzegovina. This identity was built on the continuity of the representation of Bosnia and Herzegovina as an enduring historical community. After the dissolution of the Socialist Yugoslavia, along with the enormous war tragedy and crimes, Bosnia and Herzegovina survived politically as a historical community, a territorial and constitutional term. The international recognition of Bosnia and Herzegovina as an independent state at the beginning of 1992 within the borders which it had as a central federal unit, i.e. the republic of former Yugoslavia is exactly based on ZAVNOBiH, its grounds and legitimacy. The Arbitration commission of the European Union (the so called Badinter’s commission), which evaluated the conditions for the acknowledgment of the independence of former Yugoslav republics, issued on the 11th January 1992 an opinion based on which the Council of Ministers of EU on a meeting in Bruxelles on the 6th April 1992 recognized Bosnia and Herzegovina as an independent state. Thus Bosnia and Herzegovina gained its independence in 1992 on the tradition of the anti-fascist movement, its struggle and victory, i.e. its state-forming solutions and dissolutions during and after the Second World War.

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RULE OF LAW IN ROMANIA – FROM GLOBAL CONCEPT TO PARTICULAR MANIFESTATION

Author(s): Cătălina Szekely / Language(s): English Issue: 2/2017

This paper aims to approach an important subject at global level, but a rather sensitive one for Romania: the rule of law. The paper will identify the rule of law characteristics as outlined by the legal doctrine and then determine their specific particularities in Romania. The political situation in Romania is important not only for its citizens, but also for its international partners.

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PUBLIC ADMINISTRATION AND MULTICULTURALISM

Author(s): Cătălina Szekely / Language(s): English Issue: 2/2016

This paper addresses a very topical theme and presents important concepts for the existence of the nation state. It is intended as a personal approach to the concept of multiculturalism. People have become sensitive to certain topics of discussion and, for the sake of politically correctness, the essence is often overlooked: it's okay to hold different opinions. This helps develop the individual in the spirit of debating ideas. One should not belong to one faction or another. It is important to just accept that there are different approaches, concerns, cultures etc. For as long as things are not presented patronizingly, with resentment or hatred, differences of opinion are not wrong to exist, especially on this topic.

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Possible Administrative European Models

Author(s): Cătălina Szekely / Language(s): English Issue: 1/2014

This paper aims to address some theoretical and practical issues regarding the organization of the state, the state apparatus and the identification of European administrative models. It is clear that each state has its own organization and structure, but some administrative models have common features and that is why it is important to examine whether these models can be implemented in a standard way, as welldefined patterns.

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The respect of private life - a fundamental right for a person

Author(s): Roxana Matefi,Maria-Magdalena Bârsan / Language(s): English Issue: 1/2014

The current article wishes to analyze one of man’s fundamental rights, that of the respect owed to one’s private life; this right is regulated by both the European Convention on Human Rights, as well as in the Romanian Constitution and the Civil Code. The latter is a distinct regulation. Once the New Civil Code was passed, Title II of the First Book offers an entire chapter dedicated to the respect owed to the human being and its inherent rights, a chapter in which the right to a private life is as important as the right to life, health, integrity, the right to dignity as well as the respect owed to a person after its death. The present article involves a three sided analysis, regarding constitutional law, civil law and criminal law, as we can’t leave out the criminal aspects generated by the disrespecting of this right. Thus, the lawmaker found appropriate to incriminate crimes as trespassing, violation of professional secrets, violation of private life, disclosure of professional secret.

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Solving conflicts by mediation

Author(s): RĂDULESCU Dragos Lucian / Language(s): English Issue: 1/2014

In the business environment the participation of professionals requires their engagement in contractual legal relationships with other specialized persons or non-specialized individuals. The characteristics of these relationships are reflected on the entire commercial circuit, as the possibility of influencing subsequent secondary relations. As a result, strict adherence to the original contractual obligations is advised as a measure to ensure the legal stability of the business environment.

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Bağımsızlıktan Sonra Azerbaycan'da Din-Devlet İlişkileri

Author(s): Asaf Ganbarov / Language(s): Turkish Issue: 1/2017

This article deals with religion-state relationships after independence (1991) in Azerbaijan. We examine the secularism principle, religion-state relations and laws that provide religious liberties in Constitution of Azerbaijan Republic. We find that the Constitution generally provides the religious liberties that are declared in international human rights conventions and the restrictions that occurred in religious sphere usually caused by deficiencies in implementation of these laws. In addition, the insufficient religious education makes society more vulnerable to external radical religious groups and this factor requires some legal restrictions. While Azerbaijani Government was implementing strict secular policies in early period of independence, it turned into more religious policies in way of financial aids to traditional religious communities. (Shia and Sunni Islam, Orthodox Church, Judaism) Also there isn’t any discrimination between majority and minority religious groups in regard of financial aids.

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INSTITUTIONAL “HEALING” OF ROMANIA AFTER DECEMBER 1989

Author(s): Cătălina Szekely / Language(s): English Issue: 1/2016

This paper presents a series of concepts considered vital for understanding the way the currentsystem of public institutions functions in Romania, as well as the flaws of these state structures. We do notclaim to set verdicts, but to briefly analyze the evolution of the Romanian institutional system since WorldWar II to present times and its efforts to assist the fragile democracy that was established after the eventsof December ‘89. The present status of Romania as a member of the European Union implies itsinstitutional system to be still monitored in some respects

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What kind of future for Romanian Election Administration?

Author(s): Octavian Mircea Chesaru,Cristian Alexandru Leahu / Language(s): English Issue: 7/2019

Romanian electoral administration has undergone a series of reforms that reshaped it to abide the European Union’s administrative reform tendencies and the core guidelines set up by the OSCE and the Venice Commission for the electoral and political domain. The study depicts the core reforms undertaken in the last few years and identifies the reforms of the electoral administration that can be expected in the near future.

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SUBMARINE TAILING DISPOSAL SYSTEM: INDONESIA’S POLICY AND FUTURE CHALLENGES

Author(s): Erlies Septiana Nurbani / Language(s): English Issue: 03/2020

This research departs from Indonesia’s policy and practice on the submarine tailings disposal system, in which there is a legal vacuum in Indonesia legal system. However, Indonesia is part of UNCLOS 1982, which obliged to conform their rules with the regulation in the convention, especially on the protection of the marine environment. This research aims are to examine the current Indonesia’s policy and compare it with American and Canadian policies. To visualize the above objective, this research applies normative-empiric legal research, which emphasizes its analysis of primary and secondary legal materials. All collected legal materials are classified, categorized, analyzed and constructed as well as developed through analytical prescriptive elaboration. The utilization of the marine area as a medium of submarine tailing disposal system could be categorized as a land-based source of marine pollution. As one of the biggest archipelago states in the world, Indonesia should have a strict regulation on submarine tailings disposal to prevent the past failure of the system in Buyat Bay, North Sulawesi.

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TRANSFORMATIONS OF SOVEREIGNTY AND PUBLIC LAW IN THA NATIONAL AND EUROPEAN SPACE AFTER 1989

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TRANSFORMATIONS OF SOVEREIGNTY AND PUBLIC LAW IN THA NATIONAL AND EUROPEAN SPACE AFTER 1989

Author(s): Valentin Stelian Bădescu / Language(s): English Issue: 2/2019

The aim of this study is to arouse a debate involving specialists in the field of public law - theorists, practitioners, researchers - and is intended to be a forum for analysis of new research directions on the transformations of public law in the national and European space after the year 1989 and their influences on state sovereignty, as well as the administrative codification in our homeland, where this need for proceduralisation from several directions is felt: public administration, administrative litigation judges and administrative law practitioners. Especially now when we are offered, perhaps not by chance, the opportunity to discuss some conceptual and legal issues of social expression, at least for the last two decades in the attention of those interested in the administrative phenomenon. My daughter wants to have the opportunity to build a secure future in Romania; to study, to get involved in his country and to establish a family. And I think that we citizens, we have to take control of what is happening in our Romania. I want a safe Romania where the administrative law - material and procedural - is part of everyday life. The protection of citizens must be the first priority. The administration must be strengthened and the judicial system improved. We are one of the last states of the European Union that does not have a code of administrative procedure under the conditions of an accentuated Europeanization of administrative law. And regarding the Administrative Code, at the date of the appearance of this study, the Constitutional Court of Romania has already ruled, but it is still to decide, once again, on the unconstitutionality of our administrative Code, adopted by emergency ordinance!

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RES PUBLICA - RES PRIVATA:L’USO DELLE CATEGORIE PRIVATISTICHE NELLA COSTRUZIONE DEL DIRITTO DELLE STRUTTURE AMMINISTRATIVE ROMANE NEL PRIMO PRINCIPATO

Author(s): Antonio Palma / Language(s): Italian Issue: 2/2019

The relationship between private law and public law in the non-bureaucratic Roman state was very fluid since there were no public categories at least until the third century AD. It was therefore quite natural that ius civile with its jurisdictional and jurisprudential elaboration was the ideal meaning for using civil law institutes in the construction of a law of the Roman structures which emerged as an organizational regime of the power of the princeps, in straight connection with the republican institutions. A similar phenomenon was occurred at the end of the 19th century when the theory of the administrative act matured modeling itself on the paradigm of the concept of legal transaction which was elaborated by the pandectists. It seems possible to speak about law of the Roman administrative structures, assuming the term „law“ not in its normative meaning stricto sensu, but as a form of organization of the complex of institutes, facts and activities that are necessarily connected to the management of public structures in the legal order of Аncient Rome. The analysis of the organizational model of Roman public structures requires a more careful use of the instruments, methodologies and acquisitions of the organizational disciplines that generally refer to the formal structure model prevalent in modern state organizations, in brief: the bureaucratic model. In investigating the genesis and the forms of institutionalization of the auctoritas of princeps as the founding category of the emerging of an administrative apparatus, it should be highlighted how this phenomenon manifested itself through the creation of nova imperia officia and even more generally, the attribution of more functions by Augustus and his successors to the imperial officers did not only represent the response to technical needs of the newly born forma civitatis of management of the governmental machine, composed by more integral parts and given the geographic and ethnic extension of the Roman empire.

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PROMESSES. POLLICITATIO ROMAINE ET LA DOCTRINE MODERNE D’ESTOPPEL (STUPPA & LEGITIMATE EXPECTATION) OU LA FORCE DE L’HONORABILITE ET DE “MAINS PROPRES”

Author(s): Valerius M. Ciucă / Language(s): French Issue: 2/2019

The noun „pollicitatio“ means proposition, i.e. the promise of something, the commitment to do something. The root of this noun is also found in the Indo-European verb polliceor – offering through promises. Given the aggressive power of the empty promises of today's political powers, a classical Roman enlightenment is more than necessary. It is logical enough to say, almost without any convention, by the words of Oxenstierna: The ease of making promises and the difficulty of keeping them are almost inseparable. Rousseau's conception complete this wonderful sentence, adding that the slowest to promise is always the most faithful to fulfill.

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

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

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

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CHILD PROTECTION UNDER GDPR

Author(s): Dana Volosevici / Language(s): English Issue: 2/2019

The “datafication” of society requires clear, harmonized and strict measures in order to ensure the effective protection of the children, direct consumers of an important number of information society services. The paper aims to present on overview of the applicable provisions of the General Data Protection Regulation in the field of child protection in case of data processing.

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Ustavna (a)simetrija naspram legitimiteta i stabilnosti u bosanskohercegovačkom ustavnom dizajnu

Author(s): Maja Sahadžić / Language(s): Bosnian Issue: 38/2019

Unlike traditional federal studies, contemporary studies in federalism recognize that asymmetrical constitutional solutions are not an anomaly but rather necessity, especially in multi-tiered multinational constitutional systems. Nevertheless, federalism studies also recognize that constitutional asymmetries may reflect on legitimacy and stability of the system. Although lacking a structured and comprehensive analysis, academics in Bosnia and Herzegovina often describe the constitutional design of the country as highly asymmetrical. The aim of this paper is then to provide answers to two questions. Firstly, whether, indeed, the constitutional system of Bosnia and Herzegovina is (highly) asymmetrical. And secondly, whether this produces specific effects on the legitimacy and stability of the system.

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THE REGULATION AND PROTECTION OF CHILDREN’S RIGHTS IN KOSOVO FROM A LEGAL ASPECT

Author(s): Bedri Bahtiri,Islam Qerimi / Language(s): English Issue: 3-4/2019

Children is the most delicate and important category of a family and its future and as well as for the society in general. Therefore, the state with its mechanisms are obliged to take care in creating conditions for their upbringing and welfare by looking after the best interest of the child. In Kosovo, children and young people account for 60 per cent of the population. Therefore, it is of crucial importance to invest in the protection and promotion of their rights, regardless of whether they are in conflict or only in contact with the law. Thus, the legislation needs to be reformed and harmonized with best international standards and practices, which is also currently happening in Kosovo.

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Interwar Period 2.0? History as a Resource in European Conflicts of Interest around Diversity and Integration: An Introduction to the Debate

Author(s): Anna Veronika Wendland / Language(s): English Issue: 2/2018

In the context of the current European and global crisis that we see unfolding on multiple fronts, outlined by catch phrases like “Ukraine-Russia conflict,” “European Union crisis” and “the rise of political populism,” international attention is also focusing on the post-Socialist states of Eastern Europe. Over the last few years, we have observed the election of right-wing, populist parties in these countries and a tendency towards the erosion, in some cases even the usurpation, of constitutional institutions at the hands of democratically elected governments and their patronage-based networks. Accompanying this process has been a trend to fall back on former historical models of patriotic mobilization and social integration. At the same time, however, East European societies can be seen to differ significantly from one another when examined more closely. Do these references to historical resources, such as the political policies and tools familiar to us from the interwar period, really have the potential to bring about lasting change within the political system of a country in the 21st century? The editors of JECES have invited historians from several East and East Central European countries to lead this debate.

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Contemporary Applications of Prohibition of Discrimination in Turkish Constitutional Court Decisions

Author(s): Sabriye Beste Kabacam / Language(s): English Issue: 1/2019

It is clear that the prohibition of discrimination and theprinciple of equality are one of the most important principles of humanrights. Today, since the number of discrimination issues has increasedin the usual flow of life, the matter of how far the valid law can protectindividual, who constitutes the core of the society from discrimination iscontroversial. In Turkish Constitution, there is no independent articlewhich orders the prohibition of discrimination. Cases which relate to thediscrimination are considered with the principle of equality in Article 10.The scope of the present paper is to show how the prohibition of discriminationis embodied in Turkish Constitutional Court’s approach and itshistorical background. Secondarily, the Turkish Constitutional Court’sapproach regarding these issues are emphasized and to what extent thedecisions given by the Turkish Constitutional Court are similar to thedecisions given by ECHR are argued. Comparative and historical methodwill be used in this paper.

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Valge J., Eesti parlament 1917–1940. Poliitiline ajalugu

Author(s): Aleksandr Ivanovich Rupasov / Language(s): Russian Issue: 30/2020

Рецензия на монографию: Valge J. Eesti parlament 1917–1940. Poliitiline ajalugu. Tallinn: Riigikogu Kantselei, 2019. 679 S. / Rewiev on: Valge J. Eesti parlament 1917–1940. Poliitiline ajalugu. Tallinn: Riigikogu Kantselei, 2019. 679 S

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