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Rechtstransformation in Südosteuropa am Beispiel des ehemaligen Jugoslawiens: Vorbedingungen, Akteure, (Miss)Erfolge – Eine vorläufige Bestandsaufnahme. Politik der Friedensbildung in der Region: Hindernisse aus der Vergangenheit und Visionen für die Zukunft. Antike und Byzanz als historisches Erbe in Südosteuropa (19.-21. Jahrhundert). 56. Internationale Hochschulwoche der Südosteuropa-Gesellschaft. Süd-Bukowina, Moldova, Transnistrien, Gagausien, Donau-Delta,Bessarabien, Odessa. Mitglieder-Studienreise der SOG
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The European Social Charter is a very important document by which the signatory states, members of the Council of Europe, achieve closer unity in order to preserve and realize the ideals and principles as their common heritage and to promote their economic and social progress, precisely through the protection and the development of human rights and fundamental pillars. The first special document providing for the civil and political rights and freedoms of the citizens of the member states of the Council of Europe is the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on November 4, 1950 and the Protocol to the Convention.
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Although the concept of anti-discrimination is not a substitution of the anomalies in society that are created as a product of long-term discrimination and exclusion of individuals depending on their ethnic, gender, religious and other belongings and specifics, the adoption of a legal framework for combating discrimination should provide the results of former long-term discrimination will not deepen further, as well as to prevent new cases of discrimination in the future.
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In the Study on Social Exclusion of the Elderly in the Republic of Macedonia, financially supported by UNFPA, the problem of social exclusion of the elderly is analyzed regarding: coverage, rights, accessibility, quality of service provided, obstacles in achieving what is defined in laws and policies in the protection and the real situation, as well as the current reforms and challenges of the systems of social protection, the pension system, education and health care.
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The aim of this review is to present the Law on the Protection of Patients’ Rights, its novelties and solutions that are offered, as well as the problem that may arise in its implementation and the significance of this law in general. In the past few years, the health sector and the healthcare system are a very popular topic and have been constantly criticized. With adopting the Law on the Protection of Patients’ Rights in 2008 Macedonia made a big step forward in promotion and protection of people’s health and the protection of the human rights in healthcare which we all have as patients or potential users of health services. Having in mind that in the past patients’ rights were regulated with a number of different laws, this law provides for a systematic view of not only rights, but also the responsibilities that patients have, and also provides for new mechanisms for protection of the rights. Some of the novelties in this law include the Counselor for protection of patients’ rights, Commissions for promotion of patients’ rights on a local and national level, use of informed consent, as well as guarantied second expert opinion free of charge. Also, this law provides for a mechanism of extrajudicial settlement of problems and disputes that arise between the patients and healthcare providers. At the end, one part of this review is dedicated to the compliance of this law with relevant international acts that are directly or indirectly regulating this matter. Sources used for this review are the Law on the Protection of Patients’ Rights and the „Human Rights in Healthcare - Practitioners Guide“, that is prepared on the initiative and financial support of the OSI Law and Health Initiative in cooperation with Foundation Open Society Institute Macedonia, CRPRC Studiorum and the Association for Emancipation, Solidarity and Equality of Women in RM- ESE.
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The article analyses the liability of the managing director of the limited liability company. This liability is abstractly considered on the merits of due care in the field of its professional manifestation. There is violation of due care in each cases, when the actions of the managing director exceed the limits of granted authority. Violation of due care can also be seen in cases, when the actions exceed the granted trust. The term “limit of granted power” is not the same as the “limit of granted trust”. These two boundaries coincide in civil law, but in commercial law they differ from each other. The violation of trust is a ground of the liability of the managing director in both cases. Such liability is provided by supranational law as a macro level by reason of existence of common ideas, shared by all. Such liability is provided by separate national legislations as a micro level by reason of existence of own national beliefs. Countries, which are typical representative of the continental and common law families, are chosen for the aims of the comparative analysis.
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The article is dedicated to the indirect access of citizens to constitutional justice. The significance of this topic is determined by the fact that in a state committed to the rule of law citizens rely on judicial protection for the realization of their rights and freedoms. The emphasis is put on the traditional dimensions of concrete judicial review as a mechanism for triggering the control on compliance of legislation with the constitutionally guaranteed rights and freedoms. The author analyses as well the contemporary trends for decentralization of judicial review, driven by the increased influence of global constitutionalism.
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This article examines the issue of the allocation of costs in the procedure for appeal against acts of the Assignor under the Public Procurement Act in front of the Commission for protection of competition. The various types of costs that each complainant has to make in the proceedings before the CPC are analyzed in detail. The different options for awarding the costs according to possible options for a Commission decision are described. The order for forced collection of the costs after the proceedings is presented.
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This scientific study is dedicated to the disability management bodies in Bulgarian law. Its actuality is related to the growing need to understand the legal construction of disability management. Attention is paid to the disability management bodies under the special INTEGRATION OF PEOPE WITH DISABILITIES ACT and separate secondary legislation, with more detailed consideration of the National Council for the Integration of People with Disabilities and the Agency for People with Disabilities.
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This scientific study is dedicated to the financing and control of disability in Bulgarian law. Its actuality is related to the growing need to understand the legal construction of funding and its origin in the field of disability. The attention is focused on the origin of the funds and the way of their control under the Special people with disabilities act and the personal assistance act as well as separate provisions in other legal acts. The analysis is accompanied by conclusions and suggestions for optimizing practice and legislation.
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The research paper looks into the issues of PPP sport projects implementation, as well as the development of methods to solve the problems involved. The concept of "infrastructure development contract" is substantiated. The international experience of implementing public-private partnership projects in the field of sports has been analyzed.The role of effective regulatory controls of public-private partnerships, especially at the level of municipalities is considered.The legal status of World Sport Alliance (WSA) has been.looked into.The author insists that attraction of such sport organizations in implementation of PPP projects will allow for responsibilities and risk allocation in the most economically effective way amont the partners. The author concludes that definition of "infrastructural development contract" should be implemented into Ukrainian legislation.The contract life-cycle model is described as motivating the contractor for quality construction and service of the facility.
More...– głos w dyskusji podczas I Ogólnopolskiej Konferencji Naukowej z cyklu „Nietypowe stosunki zatrudnienia” pt. „Stosowanie umów cywilnoprawnych w świetle przepisów prawa pracy i ubezpieczeń społecznych. Łódzko-poznański początek dyskusji...”
The study pertains to the common misconception of an issue that is fundamental for the labour law, namely the problem of the legal grounds for employment. It is about what actually determines the choice of these grounds, and more precisely whether it is ‘free will’ of parties that is ultimately decisive in this respect. The questions are as follows: is it erroneous that the legislators have chosen the direction of equating the legal grounds for employment in the sphere of labour law and civil law? Next, if it is the case, what should certain ‘planning’ of the legal grounds for work provision look like, and what determines the legislators’ decision about this planning, or maybe it is this ‘free will’ of the parties that is solely decisive here? Finding the answer to the above questions is of primary importance in order to counter the wave of criticism to the proposals included in the draft code on individual labour law prepared by the Codification Committee in the years 2016–2018.
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The report examines some of the main administrative-legal aspects of the labour migration and labour mobility in the Bulgarian national legislation. The accent is on the analysis of the administrative control performed by the administrative bodies with view of securing the labour activity of foreigners. Based on the analysis are made conclusions with practical direction and are marked out problems and tendencies of the labour migration and labour mobility.
More...Expropriation & Compensation in Greek Land Property Law in Comparison with the ECHR: Reviewing Cases and Discussing Property Management with DLT/Blockchain Functionalities
Nowadays, property management with DLT / Blockchain functionalities is a state-of-the-art topic. In particular, the real (land) property law is based upon two country-oriented concepts: “(Compulsory) Expropriation” and “due Compensation” as they projected to the European Convention on Human Rights (ECHR). This assignment after reviewing the compulsory expropriation of real property and the relative due compensation procedures in Greece, discusses: (a) cases before the Greek courts regarding violations and adaptations of the ECHR, and (b) real property management with Blockchain functionalities as a Distributed Ledger (DLT) technology. For this purpose, after introducing the compulsory expropriation procedure in Greece, a number of properly formulated questions (“What is the legal protection against the expropriation of real property?”; “Is it permitted expropriation extension to nearby properties?”; “Is it possible expropriation without compensation?”; and “Is it allowed revocation & lifted ipso jure of a concluded compulsory expropriation?”) are discussed, reviewed, answered, and projected both to ECHR and to upcoming DLT/Blockchain era.
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The purpose of the gloss was to analyze the premises for compensation for the harm suffered because of the death of a relative based on art. 446 § 4 of the Polish Civil Code, and in particular the term “the closest family member”. Critical remarks concerned the issue of the lack of resolution in the voted judgment of the issue of directly contributing to the claimant’s rise or damage. The research methods used in the text were based mainly on the dogmatic analysis of the Civil Code, including rich literature and judicial decisions. The author has approved the Court’s argumentation regarding the understanding of the above notion, for which family connections are decisive. The source of these connections is the relationship of closeness, which is not always based on formal and legal links. The applied research methods were based mainly on the dogmatic analysis of the Civil Code, as well as on the use of civil law literature and rich court jurisprudence.
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Every government should provide to its citizens means for the adequate protection of their individual rights and freedoms. The means are the courts to which the citizens have the right of access and the state has to pay for the civil justice and manage to reform the court system. Nowadays, consumers and investors around the world try to resolve their disputes in a speedy and effective manner. Consequently, civil justice plays a crucial role in the life and culture of a state and provides the legal structure for the economy to operate effectively and at the same time has the function of providing authoritative and peaceful resolution of justice enabling social justice, economic stability and social order. Currently, consumers and investors are requesting an impartial and independent court to give effective solutions for their internal disputes or cross-border disputes. Therefore, states around the world are involved in periodical reforms, spending a lot of monies that usually are paid from the taxpayers. Despite the continuing request for improvement, consumers still have difficulties in accessing speedy and effective solution to their disputes through a fair trial under the constitutional principles or international law. Therefore, around the world the question arises, whether state authorities would not be more suitable guarantors of the public interest than law firms and other profited-oriented operators in the market. Consequently, alternative dispute resolution (ADR) has been introduced as a mechanism, which gives a solution to these predicaments, helping to complement the shortcomings of state adjudication. If a state doesn’t manage to reform the court system then ADR can become an effective remedy. Overall, privatising dispute resolution means to comprise the mechanism for dispute resolution regarding commercial and investment arbitration, consumer ADR, and online dispute resolutions for consumers. As the privatization of ADR has proliferated, the ECtHR has found the ADR as an effective mechanism as long as it guarantees fair trial under the article 6/1 of the Convention (ECHR). In addition, recent EU legislation requires each member state to have a consumer dispute resolution body for all consumer disputes, trying to establish the EU platform on online dispute resolution. Also, the international legal framework provides the possibility that the investors to have an arbitration clause in their contract. Although it might seem that there is a total privatisation of the dispute resolution, there is a limit indeed. ADR mechanism, even concurring the state courts still remained interfaced by the possibilities to apply for the annulment of the arbitral award or its non-recognition. Although Albania has invested a lot of monies in the court reform it has failed to provide effective and speedy trials to investors and consumers. The court system remains corrupt and not effective in guaranteeing a due process. Therefore, ADR is seen increasingly as an effective mechanism for foreign investors in almost all of the international contracts. Also, consumers and internal investors are increasingly using the ADR mechanism to resolve their disputes. Therefore, ADR is an important mechanism towards the resolution of consumer and investors disputes. But still Albanian courts have to control on the end the ADR judgments trying to guarantee the public policy in the country. Therefore, the focus of this article will be to examine how the implementation of ADR in Albania and the continuing judicial reform, affect the ability of consumers and investors to resolve their disputes in an effective and speedy manner.
More...Specific Issues Applying the Law 165/2013
During the last years, in Romania there were complex situations involving restoration of property rights by the authorized bodies. A big step was made in 2013, when the applicable law was changed by Law no.165/2013. Between 2013 and 2017 the legislative framework was changed twelve times, according with different emergency ordinances, government decisions and laws, in order to complete the restitution process – in kind or by compensation –of the real estate’s abusively taken during the communist regime. In this paper we want to highlight the incident methodology and some specific issues encountered during the restitution process in a specific case study.
More...Solving the Procedural Stage Regarding the Land that are Pending at the Courts through the Contribution of the Expert in the Field of Cadastre
In the present Romanian society appeared in a very large number the litigation situations regarding real estate and land. In this respect, the technical expert brings a fundamental contribution because the answers he provides to the requested objectives help the court to solve the case. Litigation occurs mainly between physical persons and between legal / physical persons and state institutions.
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Marriage was one of the many matters presided over by kadis in their districts. This paper examines the matter of marriage through cases from the Tešanj kadiluk dating from the second half of the 18th century. A total of 120 written marriage contracts were analysed. They reveal how marriages were concluded, who the parties to the contracts were, as well as other particularities found in the records of the Tešanj kadi. Marriage was concluded by a kadi or naib and in extraordinary circumstances by an authorised imam from one of the jamaats. However, “authorising of imam” was rarely done in practice.
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