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KRŠENJA DJEČJIH PRAVA U HRVATSKIM MEDIJIMA: ISTRAŽIVANJE I ANALIZE PARADIGMATSKIH SLUČAJEVA

Author(s): Ivica Šola,Melita Homa / Language(s): Croatian Issue: 1/2024

The paper has its foundation in the fact that till the year 2010 there were none or very small amount of research about the children’s rights in the media. This has changed thanks to the School of Communication which is active under Matica hrvatska (Lat. Matrix Croatica) in the cooperation with the Office of Croatian Children’s Rights Lawyer. The reseach aims at finding out the possible further steps in this obligation in the media. The core hypothesis claims that „Croatian media violate children’s rights while reporting“. A special emphasis, as regards the case analysis, is put onto the children of the famous persons, especially in the case of divorce procedure or child custody disputes as well as onto the misuse of children in the context of political marketing. We conclude that the respect of children’s rights in media is not at a satisfactory level.

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OBRADA MEĐUNARODNIH ŠTETA U IZVANSUDSKOME POSTUPKU: Usporedna analiza Sustava zelene karte i Sustava IV. direktive i potreba za temeljitim promjenama

Author(s): Jasmina Đokić,Antonija Marić,Ana Martinović / Language(s): Croatian Issue: 1/2024

The paper examines the challenges involved in processing claims arising from civil non-contractual liability for damages caused by motor vehicles, especially when the legal relationship for compensation has an international dimension. For several decades, protecting victims of cross-border road traffic accidents has posed significant challenges at both international and European levels. To enhance victim protection, two systems for handling international claims have been established and operate concurrently: The Green Card System and the Protection of Visitors System (IV. Directive). The authors explore the fundamental characteristics and procedural rules of both systems, their strengths and weaknesses, and show how the existence of different mechanisms for resolving cross-border claims impacts the rights of the claimants. Given the relevance and complexity of this topic, the focus of this paper is limited to the processing of claims in out-of-court procedures, excluding matters related to judicial proceedings. Finally, the authors consider whether there are opportunities to improve the current regulatory framework to better protect victims of traffic accidents with an international element.

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ADMINISTRAREA DREPTURILOR DE AUTOR ȘI A DREPTURILOR CONEXE PRIN INTERMEDIUL SERVICIILOR PUBLICE DIGITALE

Author(s): Elena Roxana Vişan / Language(s): Romanian Issue: 2/2023

In the world of new technologies, intellectual creations need a simplified administrative framework regarding their recognition, exercise and protection. The complexity and the high number of forms of expression of intellectual creations determine a deep leaning on the way to simplify the administrative procedure at the level of specialized bodies of the central public administration in the field of intellectual property. Aware of the need to promote and protect at a societal level as many intellectual creations as possible, this article presents how copyright and related rights are managed and administered through the digitization of public services. What is the role and how does the public administration get involved in the performance of the public service regarding the management, protection of copyright and related rights are questions generating depth at a pragmatic level in the scientific approach undertaken.

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THE LEGAL LANGUAGE APPLIED TO ROMANIAN EDUCATIONAL INSTITUTIONS. THEORETICAL FOUNDATIONS

Author(s): Costache Corina / Language(s): English Issue: 1/2025

The legal language significantly influences educational institutions through its impact on the clarity and applicability of educational policies. Ambiguous formulations can generate misinterpretations and legal nonconformities. This article underlines the important part played by clarity and accessibility in the case of legal language in order to effectively implement rules, thus facilitating an equitable and well-structured educational environment. At the same time, the present paper emphasises the need for a teaching staff capable of mastering legal terminology in order to promote transparency and trust in educational institutions. The challenges related to the interpretation of this language and to its impact on communication in an educational context have generated extensive debates and various opinions in the educational sciences literature. The article concludes with suggestions meant to improve the training of teachers in the legal field

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DISCUSSION ON LEGAL NORMATIVITY AND LEGAL LANGUAGE

Author(s): Lucreţia Dogaru / Language(s): English Issue: 1/2025

In addressing this issue, we started from aspects related to religious and moral norms and implicitly those regarding the particularities of the norms of conduct of these non-legal spheres, the depth of which gives them greater durability compared to legal ones.The entire institutionalized activity of legal norming is materialized in the normative acts through which legal normality, that is, conformity, is separated from legal abnormality or their illegality. Regarding the legal language used in the regulory activity expressed in these normative acts, as a tool of the legal professionals, there are several points of view in the specialized literature. Similarly, with reference to the role of the legal practitioners in the entire complex process of interpreting norms, created by the legislator, and their concrete application.In this paper, we have conducted a critical analysis of aspects related to legal normativity, the significance of legal or normative language present in the texts of normative acts, whose understanding and application are determined by a mediated reality. The conclusion that can be drawn is that legal language represents the linguistic form of a normative program, a domain of reality mediated by language, understood and applied under concrete conditions and situations, which are, par excellence, variable.

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PARTICULARITIES IN ADMINISTERING EVIDENCE IN THE PROCEDURE OF PRESIDENTIAL ORDINANCE REGARDING MINORS

Author(s): ILYES Patricia Maria,Sonia Bianca Blaj / Language(s): English Issue: 1/2025

The present study aims to address with some aspects of probation regarding the institution of civil procedural law of the presidential ordinance, in the field of cases that have the protection of minors in the foreground. One of the particularities of this procedure, relevant to this study, is represented by the fact that it involves a summary judgment, which is carried out urgently. Thus, in an alert manner, without going into the depth of the problem and without relying on evidence that requires a long time to administer, the courts must determine which is the measure that respects the best interests of the child.Essentially, the study will explore issues related to the utility, but also the admissibility, in this procedure, of some of the most frequently requested means of evidence in the practice of courts: the social investigation, the psychological expertise, the testimonial evidence and the material means of evidence. Lastly, the study will adress the procedure of hearing the minor and the influence of their opinion in the court’s decision making-process.

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CRITICAL ANALYSIS OF THE PRACTICE OF PUBLIC AUTHORITIES IN APPLYING THE PRINCIPLE OF SEPARATION OF POWERS IN THE STATE

Author(s): MOLDOVAN Maria-Diana / Language(s): English Issue: 1/2025

Starting from the principle of the rule of law and continuing by deepening the system of checks and balances, the present study aims to clarify the relations between the legislative and the executive fraction of state's power, the final goal being to establish the difference between the mode of regulation, more precisely the vision had by the Constitutional Drafting Commission and how the authorities understood to implement them.

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ZAKRES SŁUSZNEGO ODSZKODOWANIA PRZY WYWŁASZCZANIU NIERUCHOMOŚCI POD BUDOWĘ CENTRALNEGO PORTU KOMUNIKACYJNEGO

Author(s): Zbigniew Czarnik / Language(s): Polish Issue: 1/2025

The article undertakes an analysis of the Act on CPK’s regulations on compensation for taking over real property for the construction of CPK. The detailed considerations focus on the assessment of the legal solutions adopted in the law, which are the basis for determining the amount of compensation for expropriation, especially the mechanisms introducing the possibility of increasing it. The reference for the determinations made is the principle of fair compensation expressed in Article 21(2) of the Constitution of the Republic of Poland as a necessary condition for the permissibility of expropriation in Polish law, as well as the general model of compensation adopted in expropriation law and concretized in the Law on Real property Management. On the basis of these assumptions, it is reasonable to conclude that the compensation provisions of the Act on CPK are in line with the general assumptions of expropriation law, thereby duplicating its illegible solutions for determining the amount of compensation. On the other hand, they modify the benefit principle in a manner different from the general rules, introducing a solution in this area, which in its content does not violate the constitutional principle of fair compensation, although it does not remove the doubts related to the legal nature of increases in the amount of compensation so constructed.

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FINANCIAL MARKET BENCHMARKS. BETWEEN PERMEABLE INTELLECTUAL PROPERTY AND QUASI-MONOPOLY

Author(s): Cezary Błaszczyk / Language(s): English Issue: 134/2025

Background: Benchmarks are crucial instruments of financial markets. They allow financial institutions to operate and create new products and services while their administrators profit by licensing them. However, it is unclear on what grounds administratorsʼ claims of benchmark ownership rest, which in turn may prompt benchmark users to challenge the licensing regime. Research purpose: The article is aimed to seek for those grounds and argues that the economic interests of benchmark administrators in the EU are protected through a quasi-monopoly resting on two foundations. First, Intellectual Property to trademark a given benchmark; second, an obligation (and a power) to control the process of provisioning and publishing a benchmark (or making it available). However, neither the national nor the EU laws establish a sui generis, a direct property right to a benchmark. Methods: Methodologically, the paper rests on analysis of legislation and relevant acts of soft law. Conclusions: The legal basis for benchmark licensing can be found in two sources: 1) trademark law (both national and European); 2) and on the grounds of Art. 6 Section 1 and Art. 29 Section 1 of the BMR; however, only the latter leads to a quasi-monopoly over a benchmarkʼs use. Both the scope and the level of protection are significantly smaller than they would be in the case of a proprietary, exclusive right to a benchmark.

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CONCEPTUL JURIDIC – O INCURSIUNE ÎN JARGONUL DE-DREPT

Author(s): Paul Vasilescu / Language(s): Romanian Issue: 4/2024

The textualist overview of contemporary positive law reveals its unique lexicon and structure. Every legal statement holds value only through its deontic force, which is the ultimate goal of all legal research conceived as a collection of texts with their own morphology and integral parts. A legal concept is not synonymous with a legal notion, as only the former can be defined as an already established legal regime. This is our thesis, which also confirms the difference between legal doctrine and its epistemology. The antitheses will be synthesized to better refine our research, but also to avoid closing it off.

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CLAUZELE ABUZIVE PRIVIND DOBÂNDA VARIABILĂ ÎN CAZUL PUBLICĂRII INDICELUI DE REFERINȚĂ PRINTR‑UN ACT ADMINISTRATIV

Author(s): Juanita Goicovici / Language(s): Romanian Issue: 4/2024

The article addresses the invalidation of the unfair terms regarding the variable interest rates from credit agreements, in the hypotheses of the publication of the reference index by an administrative act, while valorizing the transparency requirements in the pre-contractual relationships that are incumbent on the professional creditor. Emphasizing the arguments contoured in the recitals of the CJEU decision of December 12th, 2024 in case C-300/23, Kutxabank, we concluded that the failure to communicate to the debtor the information relating to the adjustment of the interest rate by reference to a negative margin opens the door to the elimination of unfair terms, despite the fact that the term at issue refers to an official benchmark, the details of which were published in an administrative act.

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Obligație de plată asumată printr-un angajament de plată. Natura juridică a înscrisului și efectele juridice care decurg din aceasta

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Obligație de plată asumată printr-un angajament de plată. Natura juridică a înscrisului și efectele juridice care decurg din aceasta

Author(s): Viorel Terzea / Language(s): Romanian Issue: 04/2025

The section contains a selection of the most important decisions from the Romanian Courts. The decisions are selected and commented by authors. The emphasis of this section resides in the ability of each author to comment upon a relevant case-law and to comment upon the legal issue brought by the court. The decisions are summarized and grouped by law subjects. The decisions present the situation in question, the procedures, the arguments brought by the parties and the pronounced solutions. Each decision contains a short commentary relating to the legal issue analyzed by the court.

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Omiterea soluționării unei cereri. Omiterea soluționării unei excepții procesuale. Distincții și observații

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Omiterea soluționării unei cereri. Omiterea soluționării unei excepții procesuale. Distincții și observații

Author(s): Radu-Mihai Necula / Language(s): Romanian Issue: 04/2025

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Renunțarea la judecată în recurs și motivul de recurs prin care se critică faptul că instanța de fond nu a luat act de renunțarea la judecată formulată în fața instanței de fond. Distincții

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Renunțarea la judecată în recurs și motivul de recurs prin care se critică faptul că instanța de fond nu a luat act de renunțarea la judecată formulată în fața instanței de fond. Distincții

Author(s): Radu-Mihai Necula / Language(s): Romanian Issue: 04/2025

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Majorarea valorii obiectului cererii de chemare în judecată. Stabilirea taxei judiciare de timbru suplimentare. Observații

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Majorarea valorii obiectului cererii de chemare în judecată. Stabilirea taxei judiciare de timbru suplimentare. Observații

Author(s): Radu-Mihai Necula / Language(s): Romanian Issue: 04/2025

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Конституционализация третейского разбирательства

Author(s): Sergey Anatolyevich Kurochkin / Language(s): Russian Issue: 3/2024

The number of arbitration cases handled by the Constitutional Court of the Russian Federation has steadily increased over the years. The evolution of social practices and judicial approaches to arbitration procedures has prompted the supreme body for judicial protection of the Russian Constitution to repeatedly review whether the legal concepts used to resolve civil disputes by arbitration courts and international commercial arbitrations align with the nation’s basic law. The outcome of this process is a set of legal principles that define the constitutional and judicial foundations of arbitration in Russia. The above trends have facilitated the use of the integrative concept of constitutionalism in arbitration. This study highlights the constitutionalization of both arbitration and its social application. From a standalone perspective, the problems of enhancing the constitutional and legal principles of arbitration were discussed, and the further progress of constitutionalism in Russian arbitration was predicted.

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Институт возмещения вреда, причиненного Федеральной службой судебных приставов

Author(s): D. O. Nikolaev / Language(s): Russian Issue: 3/2024

The primary task of enforcement proceedings in civil cases is to ensure that court decisions are executed appropriately. Much of the responsibility to timely and effectively enforce court decisions falls on bailiffs. However, their behavior is not always legal. This article discusses the important issues of compensating for harm caused by the Russian Federal Bailiff Service. The legal regulations that apply to a bailiff’s actions or inactions were analyzed. The real legal cases were considered. The statistical data from the Judicial Department at the Supreme Court of the Russian Federation were summarized. Based on the results obtained, the procedural aspects of handling such cases in both general jurisdiction and arbitration courts were identified. Finally, the emphasis was placed on predicting the development of Russian legislation and procedures in compensation for harm caused by the public authorities, including the Russian Federal Bailiff Service. The enduring relevance of the studied issues for further advancement of legal science and practice was highlighted.

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К вопросу об институтах юридической ответственности

Author(s): Guzel Anvarovna Valeeva / Language(s): Russian Issue: 6/2024

The nature and distinguishing features of legal liability institutions in the legal system were analyzed. The tendency to define legal institutions in the branches of law solely through the legislative factor (tied to regulatory acts) was criticized. Distinctions were made between the concepts of “legal liability type” and “legal liability institution,” highlighting the key differences between them. Additional evidence was provided to support the identification of legal liability institutions by relating them to particular branches of law, which are considered the structural elements of the legal system at both macro- and micro-levels. The mechanical classification of legal liability institutions belonging to various branches of law within public or private law was challenged. The practice of treating private and public law liability, along with procedural and substantive liability, as a set of institutions associated with specific legal branches was questioned. The conclusion was made about the need to raise the issue of legal liability legislation that does not mirror the structure of legal liability institutions existing in the legal branches. This differentiation would create an effective legal liability system, without complicating it with numerous legal entities.

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ДЕЙСТВИЕ НА КОЛЕКТИВНОДОГОВОРНИ КЛАУЗИ. НЯКОИ ПРОБЛЕМИ НА СЪДЕБНАТА ПРАКТИКА

Author(s): Radostina Ivanova / Language(s): Bulgarian Issue: 1/2024

The article examines issues regarding the effect of the collective labor agreement over time. It addresses issues resolved inconsistently in case law regarding the effect of an amendment to a collective labor agreement that enters into force before the moment of its conclusion. Discusses the preconditions that must be present in order for an amendment to regulate employment relations. Issues are raised concerning the effect of an amendment to a collective agreement which enters into force before the time of its conclusion and provides for less favourable conditions for the employees to whom it applies than those already agreed.

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ПРИЗНАВАНЕ И ИЗПЪЛНЕНИЕ НА ЧУЖДЕСТРАННИ СЪДЕБНИ РЕШЕНИЯ ЗА НАСТОЙНИЧЕСТВО И ПОПЕЧИТЕЛСТВО НАД ДЕТЕТО СЪГЛАСНО ТУРСКОТО МЕЖДУНАРОДНО ЧАСТНО ПРАВО

Author(s): Emine Ilyaz / Language(s): Bulgarian Issue: 1/2024

Decisions of foreign courts (or institutions) regarding child guardianship and custody (CGC) must be recognized and enforced by Turkish courts in order to be effective in the Republic of Turkey. According to Turkish legislation, the recognition of foreign judgments is possible within the framework of Art. 58 of the Code of Private International Law and Procedure (CPILP). If the Republic of Turkey is a party to a multilateral or bilateral convention on the recognition of foreign judgments, the recognition is usually carried out within the framework of this convention and not within the framework of Art. 58 in connection with Art. 1, para. 2. from (CPILP).

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