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Das Buch drückt den Standpunkt der Autoren in den von ihnen diskutierten Aspekten der Funktionsweise der polnischen territorialen Selbstverwaltung aus. Die Monografie umfasst folgende Fragestellungen, die zugleich ihre Kapitel darstellen: Das Wesen der territorialen Selbstverwaltung; Tätigkeitsbereich der territorialen Selbstverwaltung; Die Behörden der territorialen Selbstverwaltung; Die Akte des Ortsrechts der territorialen Selbstverwaltung; Das Vermögen der territorialen Selbstverwaltung; Die Finanzverwaltung der territorialen Selbstverwaltung; Verbände, Vereinigungen, Vereine und Vereinbarungen der territorialen Selbstverwaltung; Aufsicht über die Tätigkeit der Organe der territorialen Selbstverwaltung. Nach 40 Jahren Unterbrechung wurde auf der Grundlage der Kommunalreform von 1990 die Institution der territorialen Selbstverwaltung in Polen wiederhergestellt. Als nächstes wurde infolge der sog. „zweiten“ Reform von 1998 die Selbstverwaltung auf der Ebene des Kreises und der Woiwodscha gebildet. Dank dieser beiden grundsätzlichen Etappen der Selbstverwaltungsreform ist es gelungen, ein auf dem Prinzip der Subsidiarität gestütztes System der öffentlichen Gewalt aufzubauen, das europäische Standards erfüllt. Vor diesem Hintergrund stellt sich die Frage, ob nach 25-jährigem Bestehen der wiederhergestellten territorialen Selbstverwaltung nicht die Zeit angebrochen ist, Veränderungen einzuleiten? Die Autoren sind der Überzeugung, dass man die gestellte Frage bejahen sollte, unter der Voraussetzung jedoch, dass der polnische Gesetzgeber den Weg der „Evolution“ und nicht der „Revolution“ wählt.
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The main goal of the monograph was to assess regulations forming a legal protection model for the freedom to work in the case of the disabled from the perspective of their intended function, which has been to ensure the realization of the protected value in social life. Consequently, it became vital to establish the circumstances which influenced the emergence and the current shape of the model solutions for the protection of freedom to work for people with disabilities, and then to show different legal implementation tools which are utilized depending on the dynamically changing political, social and economic conditions, and on the shifting perception of disability itself. Pertinent international standards of guaranteeing the protection were examined. This established a context in which the author proceeded to evaluate the legal models appearing historically and currently in the Polish legislation. As a result, a set of postulates have been proposed for the implementation of necessary changes along with suggestions of new laws which would effectively put freedom to work of the disabled into practice, allowing for the current variables and dynamics of social life.
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Published in 1020 by Oxford University Press // Extract from the introduction: „Even in those countries with which we are here concerned, countries in which the democratic principle has been accepted unchallenged, there can yet be traced an underlying distrust of representative government and parliamentary institutions. Democracy has been accepted, but the forms of democratic government have been called in question. The criticism directed against such institutions may often be just; the new constitutions may in certain cases supply solutions to problems which must be faced also in this country; it must, however, always be borne in mind that merely because institutions originally borrowed from England do not work satisfactorily among other nations, it does not of necessity follow that they are not the institutions best fitted to the character and needs of the English race. The English system of parliamentary government is not a clever device of the constitutional lawyer. It is a natural product of the English character, a character which combines impatience of authority with the capacity to produce and follow a chosen leader. This system does not work so well amongst other nations because they have different national characteristics. The Germans are more willing to obey the authority of a superior, less ready to follow the leadership of an equal. A political leader striving for personal eminence is looked upon with contempt; an official administering the law, with respect. The Slavonic races may, in the hour of national danger, be roused to the most heroic acts of patriotism, and may be animated by the most noble spirit of self-sacrifice; in times of peace, they show themselves at once indifferent to public affairs and resentful of restraint. There is considerable danger that the failure on the Continent of an imperfect imitation of our constitution may react upon this country, and cause would-be reformers to look with disfavor upon a form of government that has served their country well; they may even be tempted to press for the ill-considered adoption of institutions which other nations, in despair at making the English system work amongst them, have devised out of their own genius—institutions which are probably as unsuited to our country as are ours to theirs.”
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Published 1986 in Zagreb by the » Centar za informacije i publicitet «. // EDITOR’s INTRODUCTION: This book from the edition "Anatomy of a Conspiracy" is entitled "Kosovo - Truths and Misconceptions", and its author is Sinan Hasani, a well-known socio-political worker and writer. Given that these are well-known events, but very complex and contradictory, the author found himself in a really difficult role, to consciously and critically comprehensively analyze the events to which he was partly a witness. It was a challenge for an excellent analyst and writer to turn the exceptionality of authentic testimony into an interesting political-sociological study. In an extensive and documented book, the author fulfilled these tasks in its entirety. By placing the events he writes about in the wider space and complexity of socio-economic and national relations, not only in the narrower area of Kosovo but also within Yugoslavia, observing Yugoslav-Albanian relations and in the broader Balkans and Europe, the author confirms his literary work equally well. talent as the book itself ranks in the good fundus of Marxist political journalism in our country.
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The purpose of this report is to identify the main areas, forms and causes of inequality and discrimination in modern Belarusian society through an analysis of legislation, administrative and judicial practice, as well as to formulate appropriate recommendations for the Belarusian authorities. The report consists of four chapters. The first of them covers the conceptual basis of the report and the methodology of its writing, provides basic facts about Belarus. The second chapter examines the situation of various vulnerable groups through the prism of equality and non-discrimination: religious, ethnic and linguistic, and focuses on groups whose problems of inequality are largely due to traditionalist attitudes in Belarusian society (women, people with disabilities and people living with HIV). as well as representatives of the LGBT community). A special group includes people who hold opposition views and beliefs. The third chapter of the report provides an overview of the international legal obligations of the Republic of Belarus in the field of equality and non-discrimination at the UN, OSCE and CIS levels, considers the features of the Belarusian national legislation and state policy, and also case law on this topic. (Published by Helsinki Committee in cooperationb with Association of Equal Rights)
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SPECIAL ISSUE as a report on the genral situation of State and Society in Poland (There is a bibliography and a list of statutory laws at the end of each article).
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The book Public Reason - Judicial Justifications - the Judge's Mind provides a new perspective on legal arguments. This approach is underpinned by the conviction that in a situation of legal and moral pluralism, the argumentation should refer to public reason in the sense proposed by John Rawls and to his method of reflective balance. Furthermore, public reason can only be the basis for a new approach to legal argumentation if public authorities respect the rule of law. These two principles provide the framework for any discussion of arguments on public reason. Particular attention has been paid to the importance of the idea of public reason for the process of monitoring the constitutionality of the law and interpreting the constitution. It is argued that the unlawful motivations of the legislator marks the law it makes with the defect of unconstitutionality. The book also raises crucial questions about what characterises a good judge, how he or she makes decisions, how this process proceeds and the extent to which these decisions are 'rational'. From the perspective of cognitive psychology, it is shown on the basis of the results of the author's own research that decision-making by judges does not require them to have any particular moral competence. The book does not undermine confidence in judges and their decisions, it only points out the limitations of rational thinking and the mistakes they can make, just as the rest of us can.
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Znanje je izuzetno složena pojava individualne, grupne i društvene provenijencije koja izmiče preciznom definisanju i opšteprihvaćenom klasificiranju. Za potrebe ovog projekta “znanje” se može odrediti kao više ili manje sređen skup informacija i vještina vezanih za neku pojavu, za koje se osnovano zaključuje da su relativno tačne, pa stoga omogućava razumijevanje pojave i njeno neposredno ili posredno korištenje za jednu ili više određenih namjena. Najvažniji načini sticanja znanja su: tradicija, iskustvo, organizovano obrazovanje i nauka / znanost. Zaključivanje se može odrediti kao samostalan način sticanja znanja ili kao neizbježna komponenta svih prethodno navedenih puteva saznanja. U ovom projektu će akcent biti stavljen na znanje dobijeno naučnim / znanstvenim metodama (know why).
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Although often unnoticed or ignored, gender bias is prevalent in all legal systems across the world, and Bosnia and Herzegovina (BiH) is no exception. The consequences of gender-based bias and discrimination affect everyone, from legal professionals to women and men who seek to assert their rights through the justice system. Gender bias can affect the atmosphere in courtrooms, the presentation of cases, the decisions of judges, and even whether cases come to court. By reducing and eventually eliminating these prejudices, the justice system has the potential to become more effective, democratic, and fair. The Atlantic Initiative (AI) and the Geneva Centre for the Democratic Control of Armed Forces (DCAF) have been working with judges and prosecutors from across BiH to address the topic of gender bias since 2011, within the context of the Gender and Justice Reform Project. During project activities, judges and prosecutors have highlighted the importance of ensuring that the skills they have learned in identifying and overcoming manifestations of gender bias are also passed on to the next generation of legal professionals. In response to this need, and with a view to engaging law scholars on the topic, in order to further our understanding of how gender bias presents itself in specific local contexts, DCAF and AI sought to facilitate the development of a handbook on gender bias specifically directed at law students in BiH. Between February and September 2016, 11 university law professors from across BiH met regularly in a series of workshops to develop the different thematic units, meant to address the impact of gender bias in legal practice. Each of these workshops focused on identifying gender bias in a specific field of law by reviewing existing legal frameworks as well as relevant domestic, regional, and international research. Written content, exercises, and discussion topics were then drafted with the aim of helping law students appreciate how gender bias is present in both the law and the application of law, and how these prejudices can adversely affect the administration of justice. The work of these consultant professors, with the facilitation and organization of AI and DCAF, has resulted in this Handbook. While the thematic units they developed could theoretically be delivered as a standalone course, they have been primarily designed to complement existing courses on different aspects of criminal, civil, and family law in order to mainstream gender across the curriculum. However, it is important to stress that the first two thematic units provide a basic introduction to the concepts of gender and gender bias and are therefore recommended as a pre-requisite for all other units in the series. The remaining units may stand on their own, providing enough content for one or two 45-minute sessions. Alternatively, some professors may prefer to integrate individual exercises or components into their existing units. Students pursuing master’s and doctoral degrees may find that these units provide an overview of how gender bias affects their specific field of law, and may direct them toward further reading if they wish to explore a given topic in more detail. The units are based around applicable domestic, regional, and international legal frameworks and draw upon legal theory, practical examples, and research in the sociology of law from both BiH and abroad. Each unit is reinforced by relevant literature, included in an annex (much of which had not previously been translated), which students can reference to enrich and expand the scope of their knowledge. Furthermore, each unit is designed to support modern, interactive teaching practices and contain video links, discussion topics, practical exercises, and case studies. The purpose of the Handbook is to provide law students with a greater awareness of the existence of gender bias in court proceedings and to expand their understanding of how gender bias is manifested in the application of law within the social context of BiH. Students can use the Handbook in its entirety, or in parts, in a variety of ways: to prepare for lectures, to study for exams, or to expand their knowledge of law. Ultimately, the goal is that future legal professionals will be better equipped to identify and overcome explicit and implicit bias in their work. In addition, as interest in this topic grows within the academic sphere, it is important that scholars are able to support legal practitioners by also furthering their understanding of how gender bias manifests in the specific context of BiH.
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How does gender influence the work of the judiciary? It is sometimes assumed that the law is objective, neutral, and impartial and therefore gender has little or no influence on its implementation. And yet, consideration of the legal practitioner responsible for implementing the law inevitably invites a question that has confronted practitioners and scholars throughout the history of jurisprudence: How can the implementation and practice of law by legal practitioners who are influenced by social norms be delivered impartially?
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Besplatno školovanje za sve je kao pravo prvi put predstavljeno u Univerzalnoj deklaraciji o ljudskim pravima: “Svako ima pravo na obrazovanje. Obrazovanje treba da bude besplatno bar u osnovnim i nižim školama. Osnovno obrazovanje je obavezno”. Važnost ovog prava za razvoj društva je prepoznata i kroz druge relevantne međunarodne dokumente. U tom kontekstu, Međunarodnim paktom o ekonomskim, socijalnim i kulturnim pravima “Države članice ovog pakta priznaju svakom licu pravo na obrazovanje. Države članice ovog pakta priznaju da u cilju osiguranja punog korištenja ovog prava: (a) osnovno školovanje mora da bude obavezno i svima dostupno besplatno obrazovanje” Znači, radi se o preporuci koju bi trebalo da poštuju odnosno implementiraju sve potpisnice ovog dokumenta, među kojima je i Crna Gora. Dodatno, i UNESCO Konvencija protiv diskriminacije u obrazovanju propisuje: “obezbijediti da osnovno obrazovanje bude besplatno i obavezno; obezbijediti da srednje obrazovanje u njegovim različitim oblicima bude dostupno i pristupačno svima; obezbijediti da visoko obrazovanje bude jednako dostupno svima u skladu sa individualnim sposobnostima; osigurati da svi ispune zakonski propisanu obavezu pohađanja škole.”
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Free education for all, as a right, has for the first time been presented in the Universal Declaration of Human Rights: “Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory”. The importance of this right for development of society was also recognized through other relevant international documents. In this context, the International Covenant on Economic, Social and Cultural Rights, “The States Parties to the present Covenant recognize the right of everyone to education. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right: (a) Primary education shall be compulsory and available free to all”. Hence, it is a recommendation that should be respected and implemented by all signatories of this document, among who is also Montenegro. In addition, the UNESCO Convention against Discrimination in Education stipulates: “make primary education free and compulsory; make secondary education in its different forms generally available and accessible to all; make higher education equally accessible to all on the basis of individual capacity; assure compliance by all with the obligation to attend school prescribed by law”.
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This issue is the first yearbook of the Faculty of Law at University of Plovdiv “Paisii Hilendarski”. It presents both well-known authors and young authors. Many of them teach at the Faculty of Law.
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This volume contains the scientific papers presented at the 5th International Conference “Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective” that was held on 27 May 2022 online on Zoom. The conference is organized every year by the Society of Juridical and Administrative Sciences together with the Faculty of Law of the Bucharest University of Economic Studies. More information about the conference can be found on the official website: www.alpaconference.ro. The scientific studies included in this volume are grouped into two chapters: I. Real and virtual meeting points for contemporary approaches to the study and practice of administrative law, and II. A rehearsal of some topics of interdisciplinary approaches in administrative sciences. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of administrative law and public administration at international and national level.
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This collection is dedicated to the 25th anniversary of the Faculty of Law at the University of Plovdiv “Paisii Hilendarski”. On this occasion, an international scientific conference was held on 19th and 20th September 2017. Presented papers there are included in this collection. The significant number of participants and the proposed materials made possible to single out several panels covering all areas of legal science: civil (private) law, public law, international law, criminal law, theory and history of law.
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In 2022, the academic community celebrated 30 years since the establishment of the Law Faculty at Paisii Hilendarski University of Plovdiv.We are proud to confirm that today the Faculty is recognized as one of the leading national educational and research institutions in the field of law.The anniversary was marked by many events organized throughout 2022. Two of them were the key events, which took place on 13 and 14 October 2022 - the Award Ceremony of the Honorary Degree of Doctor Honoris Causa of the Universityof Plovdiv and the International Scientific Conference Law in the 21st Century – Challenges and Perspectives. The following pages provide more information on these events. The reader will find the collected conference papers in all fields of legal research - theory and history of law; civil law studies; public law studies; criminal law studies and international law studies.
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This monograph is dedicated to the legal regime of the protected natural areas under Bulgarian legislation, European Union’s law and the international environmental law. Object of research is the public relations connected with the protection of these areas. Subject of research is the legal regime of the protected natural areas in the Republic of Bulgaria in the light of its regular membership in the European Union and participation in international agreements in this field. The main aim of this research is clarification of the legal essence and characteristic features of the protected natural areas under Bulgarian, European and international environmental law. In addition this research aims to contribute to further scientific discussion and more comprehensive analysis of the issues under consideration. The main methods of research are historical law and comparative law.
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The volume covers various fundamental constitutional principles and their applications across different branches of the Romanian legal system. Topics include non-discrimination and workplace harassment, the right to the internet, the constitutional principle of equality, the right to defense, aspects of guaranteeing the right to life and integrity, and the impact of protection order legislation. The papers also delve into specific legal domains such as civil, labor, family, commercial, insolvency, and criminal law. Additionally it examines the theoretical and practical implications of these constitutional principles, including contributions to the philosophy of law, doctrinal sources, national security, and the interpretation of legal norms.
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