Transitions Online_Around the Bloc-Roman Polanski Back in Poland for Documentary About his Childhood
Controversial Polish director, who is a fugitive from U.S. justice, faces new rape allegations.
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Controversial Polish director, who is a fugitive from U.S. justice, faces new rape allegations.
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Lithuania; transgender; human rights; European Court of Human Rights;
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Dutch authorities investigate a defendant’s televised suicide during an appeal hearing on war crimes in Bosnia.
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Gafur Rakhimov is under U.S. sanctions as a suspected kingpin of a Eurasian crime syndicate.
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As wecould see above, the EU Coordination Regulations on social security are no longer the only instrument that deals with the social protection of migrant workers (e. g. cross border health care directive, etc.). Indeed, the Coordination Regulations do work within a wider environment of the European Union, with a growing realisation of an internal market. This leads to globalisation and increased migration, characterised by new patterns, including more temporary migrant workers and migration by persons other than the traditional economically active migrant persons. The Coordination Regulations were confronted with a growing intrusion of fundamental principles of EU law such as the free movement of workers, services and goods, European citizenship, and the protection of the fundamental rights of human beings. As a result of these challenges, it might have to be accepted that the Coordination Regulations, although they still have a very important role to play in the social protection of migrant persons, are no longer the only instruments. Different parallel coordination instruments are emerging from the application of EU primarylaw. In this article we wanted to introduce the main logic and basic provisions of the mainstream social security coordination in the European Union. This regulations will be immediately applicable when any new candidate country will join the EU. Basically every migrant persons are potential user of these provisions.
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The author outlines the different positions at the European Union level regarding the revision of the Directive 96/71 / EC of the European Parliament and of the Council of 16 December 1996 on the posting of workers in the framework of the provision of services so as to reduce the phenomena social dumping and damage to the rights of posted workers. In this context, the essential the content of the proposal for amending Directive 96/71 / EC and the position of the Romanian authorities regarding the new provisions under discussion are presented.
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The modern perspective upon human rights advances the matter of community-individual interaction thus mainly underlining the implications of the collective dimension in regard to ensuring individual prerogatives. By means of tradition, the general theory of human rights presents the truth as the scope of fair judgement hence associating the concept of truth rather to the framework of State obligations than to the field of individual prerogatives. The experiences of modern society (from authoritative government to human rights violations undertaken within the socio-juridical paradigm dictated by authoritative governments as enforced disappearances and other crimes against humanity) highlight the necessity of construing the truth from an individual perspective as an individual right that springs from the correlation of other individual prerogatives –that benefit, at present, of juridical acknowledgement within regional systems of human rights protection. The present paper advances the scientifical objective of observing the peculiarity of guaranteeing the individual right of discovering the truth in relation to the fate of victims of authoritative governments’ abuse by relation to the main juridical instruments of the European, African, Inter-American systems of human rights protection.
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Free access to justice is established as being a fundamental principle of organizing of any democratic judicial system, with important meanings in the civil procedure law. Foreign citizens benefit in front of the Romanian courts, during international civil trials, of exemptions and tax attenuations and other procedural expenses, as well as free of charge judicial assistance, to the same extent and under the same conditions as the Romanian citizens under the mutual understanding with the citizenship or residence government of the applicant. According to Article 1083 of the Civil Procedure Code, the processual capacity of each of the parties in the trial is governed by its national law, and the processual situation of stateless is governed by the Romanian law. Means of proof for proving a legal act and probative force of an ascertaining document are those nominated in the convention the parties agreed upon, if the law where the document was filed allows this liberty. If the parties don’t use this criteria, it is applicable the law of the place where the judicial document has been concluded. Probation of the facts is submitted to the place where they took place of have been done.
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For the lawyers is important, while examining a case to ascertain over the legal elements which shape the notion of discrimination, either based on domestic law, or on international law instruments enshrining the principle of equality and precluding the discrimination on different grounds, depending on the legal instrument referred to.The issue of discrimination was deemed as a matter of great importance for the effective protection of the human rights, since it has been noticed that only their formal recognition was not enough insurance in order to be enjoyed in the spirit and the letter of the international covenants and pacts. So, it was a compelling need to go beyond their mere recognition and to dismiss any hindrance in their application, one of the most important being the discrimination on certain grounds for some persons or groups of persons. For them would have been denied the right to access education, work, social services, health or any other aspects which would impede on the life of individuals or groups of persons. Thus, the principle of non-discrimination is complementary to the principle of equality both being a guarantee for the enjoyment of the human rights or any rights as prescribed by the international or domestic law.
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The polluter pays principle, alongside precaution, prevention and correction at the source represent the four pillars on which the entire system of environmental tort liability is built. Subject to ample international debate, the aforementioned principle came into being as proof of modern society’s growing concern when faced with the dangers of industrial and technological development. The irrefutable reality of pollution, as well as its negative consequences on the ecosystem, has made it imperative to identify the major infringers who pose a threat to the environment and to somehow devise a proper system of holding them accountable for their actions. This endeavour is made all the more difficult by the fact that, behind each and every major environmental disaster, there lays a tangled web of causes and contributing factors, which is more often than not impossible to decipher. The goal of this article is to present an overview of the defining characteristics of the polluter pays principle, as well as a few examples of its practical application in international case-law.
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In the commercial and financial globalization conditions, more consistent concerns of international organizations of universal jurisdiction to initiate indicators and standards for the protection of employees are visible globally. The aim is to determine the economic actors to organize their operational activities so as not to affect internationally recognized standards in the field of labour relations and human rights in general.The author reviews the two most important documents that state globally the rights of employees, upon which the companies conduct on their fairness in their economic and social behavior is monitored, namely the United Nations Global Compact and the United Nations Guiding Principles on Business and Human Rights.
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First, the most important points concerning the right of all peoples to self-determination is presented by quoting a selection of statements taken from doctrinal works, as well as from documents dealing with the respective part of Public International Law. The claim that this right is both, a universaly accepted political principle, and a rule of positive International Law, is made. One is in fact faced with an indisputable norm of substantive International Law. However, it must also be stressed, that there is an evident lack of procedural rules which should regulate the process of a people trying to realize their right to self-determination. This is an unpleasant fact generating political and legal difficulties in international relations. Follows a discussion on the relation between the right to self-determination and the right of states to territorial integrity. The confrontation of these two rights, that of self-determination, and that of the integrity of states (sovereignty versus self-determination) generates further controversial standpoints, both in theory and practice. This confrontation leads to impression, or even conviction, that there is an insurmountable and irreconcilable conflict between the two unalterable conceptions. This standpoint is strongly opposed by the author. His argumentation and standpoint is based on the ≫Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations.≪ The problems of self-determination are then discussed as a problem of Constitutional Law, taking also into consideration the constitutions of former Yugoslavia. The author denies and rejects the assertion that the right to self-determination of the peoples of former Yugoslavia has been used up, and therefore does not exist anymore. This so-called ≫theory of consumed rights≪ is politicaly and legally, unacceptable. However, even if this ≫theory≪ would be acceptable, then it could only be acceptable from the point of view of constitutional law, and would in turn absolutely violate the obligations contained in international treaty law. As with many other rights, it is also possible to abuse the right to self-determination. The present paper discusses ways and means of abusing the right to self-determination, as well as ways to discover and assertain abuse in concrete cases. When abuse comes close to negating the right to self-determination, then International Law is unable to give answers to all the possible questions about the scope and the extent of this right. How far can the right to self-determination go without pulverizing the structure of a State? The answer to this question lies in studying the experiences acquired in the field of political history, international relations and politology.
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We consider several doctrines interrelation of national and international law, the top of which is a dualistic concept, and the concept of national and international monism. The first doctrine is based on the comparison of dialectical understanding of the international and domestic law. The concept of “national monism” recognizes the primacy of national law, while the concept of “international monism” is doing in opposite way. The most European countries confessed “monism with a primacy of international law.” However, the comparative analysis of different understanding of general principles of private law in the context of the main cultural and legal traditions demonstrates the need “approach to law as a cultural phenomenon”. It updates the legal acculturation of European law, which should be understood as a process of Europeanisation of law. We can assert that private international law in its modern sense gradually, but finally “dies”, and to replace him “born” the new, globalized, supranational law. The archetype of this law is the law of the European Union.
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Women’s rights are an inseparable part of the human rights, and human rights are an integrated part of women’s rights. The Swedish Government has adopted a concept of feminist foreign policy, aiming at strengthening these rights on a global level. Women’s rights are continued to be violated as much as ever, hindering democracy, peace, rule of law, sustainable development and economic growth – the overarching aims of international policy. Women’s rights to education, financial resources and access to the labour market are crucial in defending human rights and having a policy for 100 per cent of the world’s population. A priority task of the feminist foreign policy is supporting women’s inclusion in all decision-making structures, both on national and multilateral level. This in order to achieve wider foreign, development and security policy objectives through a new approach, different way of thinking and different solutions.
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The paper entitled “Counteracting Tax Avoidance and Tax Evasion in Selected EU Directives on Direct Taxes” discusses the provisions of Directive 2003/49/EC, Directive 2009/133/EC and Directive 2011/96/EC that are capable of withdrawing the benefits provided under the directives in the case of tax fraud and abuse, tax evasion or tax avoidance. The paper reviews provisions of the directives and also the case law of the European Court of Justice concerning tax fraud and abuse. The jurisprudence of the ECJ plays a key role in setting standards for regulations on the prevention of tax evasion and avoidance adopted by Member States of the European Union. The paper’s centre piece argument is that the solution adopted by the EU legislator, which shifted the burden of preventing tax escape from the EU to Member States, is ineffective and falls short of fulfilling its proper role. The paper emphasises that many tax payers take advantage of the fundamental treaty freedoms and applicable directives to obtain tax benefits or double non-taxation. Limitations imposed by a strict jurisprudential approach of the European Court of Justice also pose a significant barrier to effective tackling the negative phenomenon of aggressive tax planning based on EU laws, the paper suggests. By assessing the effects of the application of the existing regulations and juxtaposing them with the current scale of the problem, the author presents an argument for changing the direction of measures taken to curb international tax avoidance and evasion.
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In particular national systems, the elements of tax construction (especially tax base, rates, tax exemptions and reliefs) have been formed by social and historical circumstances, which accounts for the fact that some countries have very particular solutions, unknown in other taxsystem. A common element connecting modern tax systems is the fact that the real estate taxation base (with few exceptions only) is the real estate value: defined in many different ways
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This article is an attempt to define the role of the principle of equal treatment in proceedings before courts.
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Multiple citizenship is an important element of international law. Regulating and policing the acquisition, retention, loss, reinstitution or certification of citizenship are inseparable attributes of a sovereign state.
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Współczesne prawo publiczne gospodarcze zostało poddane wpływowi prawa wspólnotowego oraz prawa międzynarodowego w stopniu, któ- ry czyni te trzy płaszczyzny nierozerwalnymi. Trzeba dodać, że nie tylko przynależy ono nierozłącznie do kilku systemów prawnych jednocześnie, lecz jeszcze występuje w nim wielość wartości prawnie chronionych, które należy rozważyć, analizując możliwość podjęcia decyzji inwestycyjnych1 . Z punktu widzenia prawa przedsiębiorców do podejmowania i wykonywania działalności gospodarczej wartości te można podzielić na pozytywne i negatywne. Podstawową wartością pozytywną i jednocześnie chronioną przez prawo jest wolność działalności gospodarczej.Współczesne prawo publiczne gospodarcze zostało poddane wpływowi prawa wspólnotowego oraz prawa międzynarodowego w stopniu, któ- ry czyni te trzy płaszczyzny nierozerwalnymi. Trzeba dodać, że nie tylko przynależy ono nierozłącznie do kilku systemów prawnych jednocześnie, lecz jeszcze występuje w nim wielość wartości prawnie chronionych, które należy rozważyć, analizując możliwość podjęcia decyzji inwestycyjnych. Z punktu widzenia prawa przedsiębiorców do podejmowania i wykonywania działalności gospodarczej wartości te można podzielić na pozytywne i negatywne. Podstawową wartością pozytywną i jednocześnie chronioną przez prawo jest wolność działalności gospodarczej.
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W Polsce toczy się obecnie dyskusja wokół problemu początku ochrony życia ludzkiego. Między innymi prowadzona jest debata nad potrzebą ratyfikacji Konwencji Bioetycznej i kwestią ewentualnego złożenia do niej deklaracji lub zastrzeżeń. Ponadto trwają prace na projektem ustawy regulującej kwestie wspomaganej prokreacji. Od lat trwa również dyskusja dotycząca problemu prawnej regulacji przerywania ciąży. Przy rozstrzyganiu takich problemów, jak dopuszczalność lub niedopuszczalność przerywania ciąży, wspomagana prokreacja, przeprowadzanie eksperymentów naukowych na embrionach ludzkich, odpowiedź na pytanie, od którego momentu zaczyna się prawna ochrona życia ludzkiego, jest sprawą kluczową.
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