Ustavno sodišče Republike Slovenije kot varuh človekovega dostojanstva

Author(s): Boštjan Kolarič / Language(s): Slovenian Issue: 1/2019

Human dignity and the protection of human rights and fundamental freedoms represent the core values of the Republic of Slovenia, thus distancing it from the SFRY, which did not respect the principles of the rule of law and severely violated human rights. In its initial period of operation, the Constitutional Court of the Republic of Slovenia also gave its opinion on the previous regime and its violations of human rights and fundamental freedoms, which was greatly influenced by the judge of the Constitutional Court dr. Lovro Šturm. In many of its court decisions and separate opinions, the Court found that the forms of violence carried out by the communist totalitarian regime in the Slovenian territory were unlawful, since the legislation was illegitimate, and most of it was adopted and used as a means for the violence and carrying out of the communist revolution and the establishment of the totalitarian regime. Furthermore, the judiciary was politically used and misused as assistance in the carrying out and maintaining of the revolution until the fall of the communist totalitarian regime in 1990.

ПРАКСА УСТАВНОГ СУДА РЕПУБЛИКЕ СРПСКЕ

Author(s): / Language(s): Serbian Issue: 49/2016

МОДЕЛИ РАЗВОЈНИХ ПОЛИТИКА

Author(s): Jadranka Petrović / Language(s): Serbian Issue: 49/2016

What are the models of development policies, and what are their results in practice? The paper gives a brief history of economic thought from the 15th century to the present day. We then investigate the ruling neoclassical school of economics and neoliberalism and, based on it, the policies of the Washington Consensus. The paper also presents the alternative development models such as the one of the Swedish Nobel Prize winner Кarl Gunnar Myrdal, who criticized the neoclassical theory and who the representatives of the so-called institutional approach, and whose ideas and political engagement had a major role in the creation of the Swedish model of the welfare state. The paper provides examples of the application of neoliberal policies in transition countries in Central and Eastern Europe as well as the interventionist government policies in the countries of East Asia. Although there is no single recipe for development, analysis of successful examples of economic development shows that what is common to successful countries is balance between the state regulation and market mechanisms and that the active, competent and pragmatic government played a key role in development.

ПРЕДСЈЕДНИШТВО БОСНЕ И ХЕРЦЕГОВИНЕ У ФУНКЦИЈИ МЕЂУНАРОДНОГ ПРЕДСТАВЉАЊА И ОДРЖАВАЊА МЕЂУНАРОДНИХ ОДНОСА

Author(s): Aleksandar Čorni / Language(s): Serbian Issue: 47/2014

What nowadays characterizes the states, as the most significant subjects of international relations, is that for the majority of them a head of state is the most important body who presents and represents the state towards the world, maintains international relationships and makes decisions in the domain of international politics. It is common that domestic legislation of modern states regulate that a head of the state is an unipersonal body (one person), however there are exceptions to this rule in the countries whose constitutional norms establish that a collective body rules the state – a collective head of state. BiH Presidency, as a collective head of this exceptionally complex state, simultaneously performs one of the very important role involving activities related to international politics of BiH. With regards to the BiH Presidency it is happening very often that necessary consensus does not exist and that the BiH residency members act individually lacking coordinated stands, which violates the concept of unique body in epresenting the state internationally as well as maintainig international relations which at the same time make harm to the international reputation of Bosnia and Herzegovina and additionally burden internal relations. As the principle of consensus and equality of the three constituent peoples is a basic prerequisite for the BiH Presidency to fulfill its constitutional role thereby the lack of consensus consequently leads to the possibility that the collective head of Bosnia and Herzegovina gets into the deadlock on issues of representation and maintenance of international relations. Since a condition for the building of a stable and peaceful Bosnia and Herzegovina are mutual respect, tolerance, cooperation, solidarity, consensual decision making and collective action, such mechanisms are also necessary for the operation and future of the BiH Presidency in conducting of foreign policy.

ПРОШИРЕНО ОДУЗИМАЊЕ ИМОВИНСКЕ КОРИСТИ У КРИВИЧНОМ ЗАКОНОДАВСТВУ ЦРНЕ ГОРЕ

Author(s): Darko Radulović / Language(s): Serbian Issue: 48/2015

Subject of analysis of the article is one of the most important questions in modern legislation so called extended confiscation of proceeds of crime, which does not derive from a criminal offense as subject of criminal proceedings. The author analyze the most important issues related to this problem as well as international legal standards that have been used as the basis for the regulation of this issue into national legislation. In national legislation that can be regulated or by special law or under the Criminal Code and the Code of Criminal Procedure. The second solution was adopted in the legislation of Montenegro. The Criminal Code prescribes the offenses which can be applied to extended confiscation and the time period for which investigating the status and origin of property.The Code of Criminal Procedure regulates the issue of temporary confiscation in order to ensure the execution of the decision on confiscation of assets illegally acquired and question of permanent confiscation of illegally gained property. Especially interesting is the question of burden of proof on the defendant to prove the legal origin of the disputed property, and the question of how it is consistent with the presumption of innocence.

OCCUPATION OF BOSNIA AND HERZEGOVINA

Author(s): Sanja Savić / Language(s): English Issue: 42/2020

The extensive diplomatic action with which the Austro-Hungarian monarchy began in 1875 ultimately resulted in the Berlin Congress and the acquisition of a mandate to occupy Bosnia and Herzegovina. This act led to a series of changes, both in terms of the international legal position of the occupied territory, and in internal issues. The author deals with the circumstances that preceded the occupation of Bosnia and Herzegovina, the way in which it was carried out, as well as the internal changes that it led to, placing special emphasis on the organization of government and the legal system.

ПРАКСА УСТАВНОГ СУДА БОСНЕ И ХЕРЦЕГОВИНЕ

Author(s): / Language(s): Serbian Issue: 42/2020

Gdzie wyznaczyć granice prawa do wolności słowa? Analiza w kontekście pierwszej poprawki do amerykańskiej Konstytucji oraz doktryny walczących słów

Author(s): Karolina Palka / Language(s): Polish Issue: 37/2021

This article is about the limits of the right to free speech. The first section provides a brief introduction to this topic, primarily in the context of the First Amendment to the U.S. Constitution. The second section describes the case of Chaplinsky v. New Hampshire, which was fundamental to the topic of this paper because the United States Supreme Court created the so-called “fighting words” doctrine based on it. In the next two sections, two court cases are presented that perfectly demonstrate the limits of the right to free speech in the United States: Snyder v. Phelps and Village of Skokie v. National Socialist Party of America. The fifth part shows the right to freedom of speech in the context of Polish civil, criminal, and constitutional law, as well as acts of international law binding on Poland. The last part is a short summary.

BENEFICIILE ŞI LIMITELE FOLOSIRII TEHNOLOGIEI INFORMAŢIEI ÎN JUDECATA CAUZELOR PENALE

Author(s): Teodor Viorel Gheorghe / Language(s): Romanian Issue: 06/2023

The material presents the main aspects of the activities of criminal courts, in relation to the technological process of computerization, highlighting several areas of analysis, depending on the objectives achieved by the information technology applied in these activities. Thus, issues related to administrative and organizational matters are analysed, as well as those concerning the citation and communication of procedural acts, where the conclusions regarding the use of digitization are positive. However, issues directly related to the resolution of the case – evidence management, conclusions and debates - have been identified, including both positive aspects and aspects that may prejudice the fair process if digital techniques are fully relied upon. As for the possibility of the computer determining the outcome of the process exclusively, the conclusion reached is unequivocally negative.

„SUPRAVIEŢUIREA” DREPTULUI ROMAN ÎN CULTURILE ORGANIZAŢIONALE MODERNE COMPARATE ŞI IMPACTUL SĂU ASUPRA DECENŢEI TRAIULUI

Author(s): George Vlăescu / Language(s): Romanian Issue: 06/2023

Ruling from ancient times on the protection but also on the chaining of human freedoms, The Roman law – often positioned upstream of the asperities and the saraband of social inequalities – has left its legal impressions on culture and, by implication, on human legislation and standard of living. Or it is precisely this multi-secular matrix projected on the cultures built on the conceptual pitches of Latinity that brings us to a double question, namely: to what extent and in what form the Romanic ideological-legal elements are found in the philosophy of thought and living of post-modern societies, including their standard of living and whether the right itself can be made responsible for our modern culture in general, including the quality of legislation and standard of living nowadays. In order to be able to respond to such a challenge, but also to identify solutions, we will try to capture the essential features of a long and complex evolutionary process of transposing Romance influences from the logical structure of the legal norm to social realities and vice versa and, on the other hand, we will combine the traits thus obtained with the results provided at the beginning of this millennium by sociological research of comparative cultures.

Ogólnopolskie seminarium naukowe „Współczesne zagrożenia demokracji: dezinformacja w kampaniach wyborczych”, Toruń, dnia 3 lutego 2022 roku

Author(s): Michał Kołbuc / Language(s): Polish Issue: 42 (1)/2023

Politika krivičnopravne zaštite ustavnog uređenja savremene države

Author(s): Dragana Vasiljević / Language(s): Bosnian,Croatian,Serbian Issue: 24/2022

The policy of criminal law protection of the constitutional order as a part of the overall social policy has been greatly changed in the modern state. This rational and organized activity is focused on protection of the constitutional order by incriminating certain socially unacceptable behaviors. This is one of the social goals that has always been present, determined by socio-political forces. Although incrimination of certain behaviors, regardless of the immediate object of criminal law protection, indirectly serves the protection of society as a whole, the article emphasizes the features of incriminations that are directly aimed at protecting the constitutional order and political order of the state. This segment of criminal law protection, given the security challenges and threats to which the modern state is subject, has necessarily undergone certain changes. It is about expanding the zone of criminality, that is, the emergence of new incriminations, but also a much different position of the perpetrators of the so-called political criminal offences.

Self-Government Activities of Professional Chambers — Legislation and Application (with a Focus on the Conditions of the Czech Republic)

Author(s): Martin Kopecký / Language(s): English Issue: 333/2021

The article “Self-Government Activities of Professional Chambers” is focused on the exercising of self-government by professional chambers as public corporations, especially on its legislation and application in conditions of Czech Republic. The article presents professional cham¬bers in the Czech Republic, which are based on compulsory membership. The article also deals with the issue of compensation when there is damage caused by professional chambers. Finally, attention is paid also to statutory regulations as a form of abstract acts published by professional chambers.

ODGOVOR DRŽAVE NA PANDEMIJU COVID-19: KOMPARATIVNI PRIKAZ BOSNE I HERCEGOVINE I HRVATSKE

Author(s): Adisa Kokić–Hinović / Language(s): Bosnian Issue: 31/2022

The paper seeks to explain how the government in Bosnia and Herzegovina and Croatia has responded to the challenges of the pandemic of Covid-19, with an emphasis on the constitutionality of measures and activities, ensuring and restricting human rights and the results of government organizations. Namely, the goal is to examine whether these two countries responded in a timely manner to the greatest challenges of the pandemic, improving the legal framework of their countries and ensuring the highest level of human rights protection. The comparative overview of Bosnia and Herzegovina and Croatia was made due to its geographical proximity, but also the fact that Croatia is in the EU, and Bosnia and Herzegovina is in the process of European integration. I want to see how much Bosnia and Herzegovina has followed its neighboring countries and adopted European practice. Namely, whether they had a similar or completely different approach to resolving emergency situations.

PSYCHOLOGICAL ASPECTS OF THE MIGRANT CRISIS IN BOSNIA AND HERZEGOVINA

Author(s): Jelena Kuprešanin,Vladimir M. Simović / Language(s): English Issue: 41/2019

The migrant crisis is a reality that inevitably permeates the society of Bosnia and Herzegovina, and which requires an adequate systemic response. A large number of financial resources that are globally allocated for the protection of migrants provide the possibility to alleviate the consequences that the movement of the population is caused by the fear of one’s own life. Migration can have different implications- social, psychological, economic and cultural, as well as two-fold impact: the impact on migrants and the impact of migrants on the society they come in. As a social process, migrations change not only the geographical image of a particular community, but also significantly affect the personality of migrants who, due to the crisis, can be further desecrated and deprived. The migrant crisis that has escalated in the region in2015, in Bosnia and Herzegovina is currently a status quo. Numerous experts warn that the sluggishness and the resolution of the current problems that the migrant crisis brings with them can have far-reaching consequences. The issue of security is one of the key issues and challenges in accordance with which the strategic direction of each country’s development is directed, as well as the issue of its internal and external policies. Bearing in mind the fact that the society of Bosnia and Herzegovina faces a full-scale migration crisis, it is necessary to define the approach, mechanisms and directions of action that unify the needs of migrants, but also the needs and interests of the country. The subject of this Paper covers a migrant crisis that is taking place in region and Bosnia and Herzegovina, and the aim is to point out the psychological aspects that it has or can have on migrants, but also on the domicile population. Although migration policy is a broad concept, this Paper will point to the essential implication, that is, the personality of migrants -children, youth and elderly people who, in addition to stress, marginalization, home distance and the variety of cultures - face daily with the uncertainty of their own existence.

АКАДЕМИК ПРОФ. ДР ВИТОМИР ПОПОВИЋ АРБИТРАЖА ЗА ОБЛАСТ БРЧКО СПОР ИЛИ ФАРСА СТОЉЕЋА

Author(s): Njegoslav Jović / Language(s): Serbian Issue: 41/2019

Review of: Витомир Поповић, Арбитража за област Брчко - Спор или фарса стољећа, Aкадемија наука и умјетности Републике Српске, Бања Лука, 2018, стр. 1008

ПРАКСА УСТАВНОГ СУДА РЕПУБЛИКЕ СРПСКЕ

Author(s): / Language(s): Serbian Issue: 41/2019

ROMANIA BETWEEN 1923 AND 1938. CONSTITUTIONAL ORDER AND POLITICAL LIFE

Author(s): Iulian Pînișoară / Language(s): Romanian Issue: 01 Supp/2023

At the end of the first world war, Europe was becoming increasingly optimistic about the establishment of an era of prosperity and democracy. The treaties that would seal the end of the world conflict seemed to have offered the most viable solutions regarding the borders established on this occasion. However, the optimist has a big flaw. It is based on the idea that good will finally triumph in the eternal battle against evil, and it only takes into account the positive aspects, ignoring the negative ones or hoping, without any cover, that they will not produce effects. It was believed then that Europe would enter a new era, in which democracy would spread to all parts of Europe. No great value was placed on the economic, social, political and demographic disaster. Economic problems led to the amplification of social tensions. These, in turn, determined the amplification of extremist tendencies, both left and right. The accession to power of some extremist parties led to the emergence of institutional disasters that few could have anticipated.

RÉGIMEN LEGAL DE LOS ARCHIVOS PÚBLICOS CIVILES EN ESPAÑA

Author(s): Miquel Bordas Prószynski / Language(s): Spanish Issue: 120/2023

The origins of modern legislation regulating civil public archives in Spain date back to the 19th century, although some of Spain’s current historical archives, such as the Archives of the Crown of Aragon, have their roots in the Middle Ages. In the second half of the 19th century, the need to preserve collections of the Inquisition, as well as from confiscated monasteries and religious houses, gave rise to the establishment of the State Historical Archive. The aforementioned legislation has been extensively revised since 1978 to additionally reflect the new Spanish territorial political model established by the current Basic Standard, which has gradually established a complex system of competencies in the field of public archives in Spain, depending on whether they are owned by the state (State Archives System) or by Spanish autonomous communities or other territorial public administrations (Autonomous Communities Archives System), as it has been outlined in the case law of the Constitutional Court of Spain. From the point of view of the Spanish state, Law 16/1985 of 25 June on the Spanish historical heritage is the basic normative act for the regulation of the state’s public archives, currently under the Ministry of Culture and Sports, specifically, under the General Subdirectorate of State Archives. The said archives are under the authority of a special body of officials – archivists, librarians and archaeologists. On the other hand, at the level of the Autonomous Communities, each Autonomous Community has approved its own specific legislation regarding the archives they own or have jurisdiction over. In this regard, by way of example and in relation to their representativeness, the legislation of the autonomous communities of Andalusia (current Law 7/2011 of 3 November on documents, archives and documentary heritage of Andalusia) and Catalonia (current Law 10/2001 of 13 July on archives and the circulation of records) has been discussed.

RE)MEDIATING NARRATIVES OF IDENTITY IN US CIVIL RIGHTS DISCOURSE: CMDA AS A PEDAGOGIC TOOL

Author(s): Nicoletta VASTA / Language(s): English Issue: 29/2023

Current revisitations of identities and achievements in US civil rights discourse have inspired pedagogically-oriented digital media projects. More importantly, they have also highlighted the need to rethink the role of Critical Multimodal Discourse Analysis (CMDA) and its pedagogic applications in order to stimulate greater awareness of the effects of repurposing historical discourses. The case-studies investigated are the 2020 Pulitzer Prize winning 1619 Project – a podcast series whose account of Black America’s history conflicts with mainstream views – and the history section of BrainPOP, an animated educational site for primary school children, which monumentalizes relatively less well-known civil rights heroines.