CEEOL - Browse Subjects Result

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

Цифров единен пазар в Европейския съюз: правна уредба, същност и перспективи

7.00 €

Preview

Цифров единен пазар в Европейския съюз: правна уредба, същност и перспективи

Author(s): Aleksandra Valcheva / Language(s): Bulgarian Issue: 9/2021

The article aims to raise the topic of hearing children involved in legal proceedings through the eyes of various international studies and practices, addressing the topics of the status of the child, the specific objectives and the methodology of its conduct. Based on this analysis and analysis of long-standing practice of interrogation and hearing of children in the so-called blue rooms offers a framework of hearing methodology that could support court decisions in the best and best interests of the child, as well as protect the child from secondary victimization and from deepening the consequences of traumatic events, the reason for the hearing.

More...

Principles of International Law and Jurisdictional Review of Agreements concluded by the European Union: the Front Polisario Cases of 29 September 2021

Author(s): Ion Gâlea / Language(s): English Issue: 26/2021

This study has the purpose to examine the judgments rendered on 29 September 2021 by the General Court of the European Union Front Polisario/Council (T-279/19 and T-344/19, T-356/19), from the wider perspective of the European Union case law concerning the territorial scope of agreements concluded between the Union and the Kingdom of Morocco. Thus, the judgments represent a continuation of previous cases Council/Front Polisario (C-104/16P) of 2016 and Western Sahara Campaign (C-266/16) of 2018. In those cases, the Court of Justice of the European Union interpreted ”neutral” territorial clause of two agreements between the EU and the Kingdom of Morocco as excluding the application of those agreements from the territory of Western Sahara. The Court of Justice relied essentially on interpretation in accordance with any other relevant rule of international law in force between the parties (rule reflected in article 31 (3) c) of the 1969 Vienna Convention on the Law of Treaties between States) and invoked the principles of self-determination and relative effect of treaties. Subsequent to these judgments, the EU and the Kingdom of Morocco modified the respective agreements (the” liberalisation agreement” and the” fisheries agreement”) in order toprovide explicitly for their application to Western Sahara and its adjacent waters. Thus, the judgment of the General Court of 29 September 2021 were rendered following the action for annulment filed by the Front Polisario, against the decisions of the Council for the conclusion of those agreements.The study explores the legal questions that were necessarily examined by the General Court, including the locus standi of the Front Polisario, the concept of „people” as subject of international law, the rule „land dominates the sea” and the legal effect of the principles of self-determination and legal effect of treaties. Even if the General Court did not mention it, the study attempts to examine, also, the consequences of the fact that doctrine (including the International Law Commission) and a significant number of States consider the right to self- determination to represent a jus cogens norm.

More...

The International Law Applicable to the Secession of a Territory. Territorial Integrity versus “Neutrality” of International Law and the Role of Self-Determination

Author(s): Bianca-Gabriela Neacșa / Language(s): English Issue: 26/2021

This article aims at addressing the legality of secession in public international law, building on the two opposing theories proposed regarding the international law applicable to secession. The principles of self-determination and territorial integrity are examined in order to determine their applicability in the context of each theory.

More...

POJAM, ZNAČENJE I KARAKTERISTIKE DIPLOMATIJE I DIPLOMATSKOG PRAVA S OSVRTOM NA BILATERALNU, MULTILATERALNU I SPORTSKU DIPLOMATIJU

Author(s): Mirza Čaušević / Language(s): Bosnian,Croatian,Serbian Issue: 6/2014

Vienna Convention on Diplomatic Relations was adopted at the United Nations Conference , which was held at the Neue Hofburg in Vienna (Austria), the second March 14th April in 1961. The Convention is an international treaty which codified the most important part of the previously existing customary diplomatic rights, with a few new disposition. It contained provisions on the rights and obligations of the receiving State and the sending State in respect of permanent diplomatic missions sided character, immunities and privileges of members of diplomatic missions, administrative and technical staff. Accordingly, diplomacy is an activity that is associated with the foreign policy and international relations, that serves to achieve foreign policy goals , while on a diplomatic law is an integral part of public international law, and as such contains normative rules concerning the relations in the international community, primarily relationships between the state as the main subjects of international law. In contrast, the kind of diplomacy realized through diplomatic protocol and diplomatic activities represent the best model, modality and irreplaceable way to successfully overcome the interstate disputes.

More...

Pregled tipologizacije zločina genocida: prilog izučavanju sociologije genocida

Author(s): Muamer Džananović / Language(s): Bosnian Issue: 88/2021

The crime of genocide is officially named in the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) approved by the General Assembly of the United Nations (UN) on December 9th 1948. Raphael Lemkin, the man who coined the term genocide, showed the concern for classifying and naming the worst form of war crimes even before the outbreak of the Second World War, not only during the time when the worst war crimes were committed in mid-twentieth century. It was particularly after the Holocaust that the crime of genocide was brought to the special focus of numerous scholars who began to elaborate on theories and themes in this field. In theoretical elaboration of the crime of genocide, one of the essential topics is typologization of the crime of genocide and, with a review of theoretical discussions; this happens to be the subject matter of the present article.

More...

KRIVIČNO DJELO TERORIZMA – UPOREDNOPRAVNI ASPEKTI

Author(s): Emir Kajmaković / Language(s): Bosnian,Croatian,Serbian Issue: 4/2013

An effective legal response to terrorism is fundamental in effectively opposing this type of criminality, on both the national and international levels. The basic tools that should be used in the fight against terrorism are found in key legal provisions, which form part of the states legal framework. The international community understands the need to align national legislation in a way that ensure terrorism and its associated criminal acts are consistently defined. However legal frameworks have become too narrow to meet the needs of the global community and the international organizations that are fighting terrorism. As a result, defining terrorism as well as the institutional framework for fight against terrorism has taken a new form. takes a new form and now varies from state to state. The goal of this paper is to analyze the material aspects of legal protection within national jurisdictions and to look at terrorism and related criminal acts, and to present certain suggestions and proposals.

More...

IMPLEMENTACIJA NEKIH PROPISA EU OD STRANE EVROPSKE KOMISIJE

Author(s): Mile Račić,Siniša Domazet / Language(s): Bosnian,Croatian,Serbian Issue: 4/2013

Article 102 TFEU provides for the prohibition of abuse of dominant position. The Commission shall, in accordance with the provisions of the TFEU, examine each case individually and make the appropriate decision. The process of implementation of Article 102 TFUE was worked out by Regulation 1/2003, appropriate Regulation on the implementation of the relevant Regulation 1/2003, and Guidelines on the Method of Setting Fines from 2006. The procedure provided for in that legislation is very complex and represents an expression of desire of the Commission to ensure effective control procedure, but also to prevent potential abuse. New provisions provided by Regulation 1/2003 relating to, among other things, to leave the “two-level” regarding the request for providing information, inspections which should be conducted in private homes, offices and vehicles of directors or employees, the possibility for the Commission to take a statement from the person or entity which accept that solution, in order to obtain information relating to the contents of the investigation, as well as the ability to issue positive orders. The above procedure will be of great importance in the process of EU accession of Bosnia and Herzegovina.

More...

MEĐUNARODNO PRAVNI ASPEKTI SUZBIJANJA KORUPCIJE

Author(s): Dajana Šljivar / Language(s): Bosnian,Croatian,Serbian Issue: 5/2014

Until fifteen years ago, about the existence of the corruption, we could hear only whispers, it was weary rarely for publicity to stood it's opinions of the existence of these works. However, with the time society had understand the seriousness of the problem caused by the existence of corruption in all sectors of society. Corruption presents problem that causes great harm in developing of societies, in the time that we live in, and the existence of corruption and daily running into the same have a great influence on the violations of human rights, the disturbance on the market and the deterioration of the quality of life. Even bigger problem corruption presents in fragile states where it often results with ineffectiveness of government, in which we can classify also Bosnia and Herzegovina. The first legal instrument on corruption adopted at the global level is the United Nations Convention against Corruption. The basic elements of the United Nations Convention against Corruption, are preventive measures, harmonization of standards criminalization of corruption offenses, and mechanisms of international cooperation and legal assistance in the identification and return of property acquired through corruption. The Convention was adopted on 31 October 2003rd, and the ceremony of signing of this key document was held on December 9, which is celebrated as International Anti-Corruption Day. From the date of the adoption, by the effective date, until today - it is more than obvious importance of the Convention and the progress that has been made by applying the United Nations Convention against corruption in all countries that have signed and ratified the same. One of the signatory countries is Bosnia and Herzegovina. A significant part of this work will be given to precisely analyze the text of the Convention in relation to the current legislation in Bosnia and Herzegovina, and on that basis we will try to answer the question in which the level of national legislation complies with the United Nations Convention against Corruption? With comparative analysis we will try to present what kind of changes in legalization need to be implemented.

More...

KORUPCIJA KAO MEĐUNARODNOPRAVNI FENOMEN

Author(s): Mile Račić / Language(s): Bosnian,Croatian,Serbian Issue: 5/2014

The paper describes corruption as a negative social phenomenon from the beginning of the formation of the first state and the persons that perform public duties. As corruption eventually jeopardize further development, and economic, political and social stability, t has been prohibited and sanctioned by all states and the international community. Looking at all the harm it has, corruption becomes the subject of legal regulation from the first written laws and numerous criminal code and international acts that seek to define, suppress, eliminate and prosecute it. Therefore, this paper provides historical and legal review of the phenomenon and the effort to prevent and eradicate it. This paper presents an international- legal view of significant legal resources to deal with corruption and the author's conclusions are preparing to do so.

More...

COUNCIL OF EUROPE CONVENTION ON PREVENTING AND COMBATING VIOLENCE AGAINST WOMEN AND DOMESTIC VIOLENCE- IMPLEMENTATION OF THE CONVENTION PROVISIONS BY THE ROMANIA

Author(s): Felicia Maxim,Elena Andrei / Language(s): English Issue: XV/2021

Violence agains women and girls is a form of human rights violation that is widespread in every part of the globe and takes many forms. Ten years after the opening of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence for signing, it is stated that this is a living instrument, an instrument that has been promoted at regional and international level, with sustained steps being taken to put it into practice by party States. Opened for signature on 11 May 2011, the Convention entered into force on 1 August 2014 in accordance with the provisions of Article 75 (3), which established that its effects would occur “on the first day of the month following the expiration of a period of three months after the date on which 10 signatories, including at least eight member States of the Council of Europe, have expressed their consent to be bound by the Convention."Romania ratified the Istanbul Convention shortly after its entry into force. Thus, by Law no. 30 of March 17, 2016, Romania expressed its consent to become a party, the document entering into force for the Romanian state on September 1, 2016. Being aware of the obligations assumed by the convention and of the need to adapt the provisions of the domestic law to their requirements, Romania has made, from the moment of ratification until now, significant progress.

More...

DELIMITATION OF CRIMES OF TRAFFICKING IN PIMPS

Author(s): Nadia Elena Dodescu / Language(s): English Issue: XV/2021

Between the crime of human trafficking, regulated by art. 210 C. pen. on the one hand, the crimes of trafficking in minors, pimping, trafficking in migrants are all regulated in the Criminal Code, on the other hand, there are many similarities, but also many differences, which led, especially in series of interpretations, thus creating a non-unitary judicial practice in this matter. The analysis of the differences that exist between human trafficking and the other crimes we referred to are aspects that will help us to establish the correct legal classification of a deed in one of the mentioned crimes, so that the criminal law is applied uniformly.

More...

REFUGEES - A CONTEMPORANEITY ISSUE

Author(s): Luiza-Florentina Cureluşă / Language(s): English Issue: XV/2021

Migration is considered to be an exponent of contemporaneity and the emergence of this phenomenon, as well as the magnitude it acquires over time, captures unequivocally, the reasons why it tends to evolve, and these are placed in the sphere of wars, poverty, massive population growth in certain areas or climate change in African or Middle Eastern countries. The refugee problem is not a new one, but its recurrence in recent decades appears as a consequence of the many events that took place in the social and political sphere both in the European and and international space. Thus, the efforts to establish the notion of refugee reflect the way in which the concept has evolved over time, so that it is obvious that countless steps have been taken to outline a legislative framework designed to cover all existing gaps in the field of granting the refugee status. This approach therefore aims to set out the main trajectories of the notion of refugee, viewed both from a historical perspective, but especially under the dome of the most important documents that have been adopted in the field of refugee protection.

More...

SFÂNTUL SCAUN ȘI ORDINUL DE MALTA ÎN DREPTUL INTERNAȚIONAL: ACTORI, SPECTATORI SAU VESTIGII ISTORICE?

Author(s): Diana Botău / Language(s): Romanian Issue: 4/2021

The article is written with the twofold purpose of bringing up to date and clarifying specific controversial issues regarding the legal personality of the Holy See, of the Catholic Church, and the Order of Malta. Which specific moments determined a shift in the international legal role and position of the Holy See or the Order of Malta? Do they have a consolidated legal status, within international law, and are they still relevant as international law subjects? How much and in which manner do they participate in international relations? What does their interaction with the host states look like, and how much autonomy do they enjoy within the territory of the host states? Is the specific anatomy of such legal subjects compatible with the genetic structure of the current international legal system? If not, how can we explain their survival? The article aims to clarify or, at least, search for possible answers to such questions. However, these questions are addressed at the level of international law, entering as little as possible into theological or administrative distinctions.

More...

HISTORIJSKI RAZVOJ MEĐUNARODNOG TRGOVAČKOG PRAVA

Author(s): Kenad Osmanović / Language(s): Bosnian Issue: 2/2021

he paper presents historical development of the International commercial law, which has gone through three phases in its development. The first phase is the medieval lex mercatoria, a corpus of international usages and practices that governed the cosmopolitan community of merchants who traveled throughout the civilized world. In the second phase, due to the strengthening of the nation state, the lex mercatoria is incorporated into domestic commercial codes, when it loses its international character, and becomes an instrument of economic policy of each of the individual state. Due to the differences between laws that have arisen in this process, and globalization and increased economic activity, there was a demand for creation of instruments at the international level that will apply only to international commercial transactions, because domestic commercial codes and the system of private international law that should respond to the problems of conflict of laws could not meet the needs of international trade in the modern world. Such a return to the international character of commercial law applicable to transactions with an international element represents the third stage in its development.

More...

PODRŠKA REPUBLIKE AUSTRIJE BOSNI I HERCEGOVINI U OKVIRU KESS-A/OESS-A U PERIODU OD 1992. DO 1995. GODINE

Author(s): Ahmed Omerović / Language(s): Bosnian Issue: 2/2021

This article presents the support of the Republic of Austria to Bosnia and Herzegovina with in the CSCE/OSCE. Namely, after international recognition in 1992, Bosnia And Herzegovina faced strong aggression. And the support provided by the Republic of Austria to Bosnia and Herzegovina was based on international legal principles. Many decisions regarding the situation in Bosnia and Herzegovina were made at the sessions of the CSCE/OSCE bodies. In this context, Austrian officials advocated support for Bosnia and Herzegovina during discussions with OSCE/OSCE bodies. In formal terms, Austria has launched a number of CSCE/OSCE mechanisms to highlight the on going war against Bosnia and Herzegovina and its consequences for the civilian population. The goals of Austria’s engagement in favor of Bosnia and Herzegovina with in the CSCE/OSCE were: to reduce the suffering of the civilian population due to aggression, to stop the destruction of BiH statehood and to end the war with a peace agreement. All the stated goals for which the Republic of Austria advocated were in accordance with international law. The Republic of Austria also contributed to the missions of the organization in Bosnia and Herzegovina. Following the achievement of the General Framework Agreement for Peace in Bosnia and Herzegovina in 1995, the Republic of Austria supported the implementation of civilian and military tasks entrusted to the OSCE.

More...

GOVOR MRŽNJE I NEGIRANJE GENOCIDA U KONTEKSTU SLOBODE IZRAŽAVANJA – MEĐUNARODNOPRAVNI OKVIR I RELEVANTNE ODREDBE KRIVIČNOG ZAKONODAVSTVA U BOSNI I HERCEGOVINI

Author(s): Faris Hasanović / Language(s): Bosnian Issue: 2/2021

Hate speech is certainly one of the most prevalent phenomena in the globalized society we are witnessing. New means of communication have drastically accelerated the flow of information, without the possibility of adequate and timely “filtering” of content released to the public, which often represents a classic abuse of freedom of expression and causes intolerance towards minority social groups. International law has tried to suppress hate speech and protect “vulnerable” groups around the world through a series of international treaties (such as the European Convention on Human Rights and the International Covenant on Civil and Political Rights). Today, many of these legal acts are a part of the legal system of Bosnia and Herzegovina, as well as its entities. In this context, the caselaw of the European Court of Human Rights is of immeasurable importance. On the other hand, the current criminal legislation in Bosnia and Herzegovina has indirectly criminalized hate speech, with a major omission being that there is still no clear definition of hate speech in domestic legislation. Also, the Office of the High Representative has recently used his power to impose amendments to the country’s criminal code to ban the denial of genocide and the glorification of war criminals – which caused the unprecedented political crisis in Bosnia and Herzegovina.

More...

Statutul mecanismelor reziduale ale tribunalelor penale internaționale

Author(s): Irinel Rotariu / Language(s): Romanian Issue: 1/2022

International Criminal Tribunals are tailored on the trends of international crimes in their jurisdiction. In time, they were replaced by residual mechanisms which are continuing the work of the Tribunals, in an efficient and reduced manner. These mechanisms are in nuce, international tribunals and their decisions are important for international community in the effort of investigating and judging the most important international crimes. The judges and prosecutors from the mechanisms are independent from any state or person in their judicial work.

More...

Actualitati legislative

Author(s): Remus Jurj / Language(s): Romanian Issue: 1/2022

LEGEA NR. 315 DIN 28 DECEMBRIE 2021 PRIVIND MODIFICAREA ȘI COMPLETAREA LEGII NR. 129/2019 PENTRU PREVENIREA ȘI COMBATEREA SPĂLĂRII BANILOR ȘI FINANȚĂRII TERORISMULUI ORDONANȚA DE URGENȚĂ NR. 130 DIN 17 DECEMBRIE 2021 PRIVIND UNELE MĂSURI FISCAL-BUGETARE LEGEA NR. 44/2022 PRIVIND COOPERAREA JUDICIARĂ DINTRE ROMÂNIA ȘI CURTEA PENALĂ INTERNAȚIONALĂ LEGEA NR. 49/2022 PRIVIND DESFIINŢAREA SECŢIEI PENTRU INVESTIGAREA INFRACŢIUNILOR DIN JUSTIŢIE, PRECUM ŞI PENTRU MODIFICAREA LEGII NR. 135/2010 PRIVIND CODUL DE PROCEDURĂ PENALĂ

More...

Усклађивања кривичноправног законодавства Републике Србије са правом Европске уније у области заштите животне средине

Author(s): Željko Bjelajac,Joko Dragojlović / Language(s): Serbian Issue: 56-57/2016

We live in a time in which there is constant progress in technology that contributes to higher labor productivity and more efficient utilization of existing capacities and natural resources. However, there are also big threats to the environment and that is the main reason why environmental protection recently has been increasingly actualized. Environmental endangerment through the variety of illegal acts is a major problem of modern society. In recent years, criminal – law protection of the environment considerably expanded because the number of acts which it threatens increased several times. In addition, this type of crime is particularly susceptible to the expansive development because of the possibility of achieving high profits with minimal risk of detection and prosecution, especially when it comes to criminal acts with elements of the transnational organized crime. For this reason, the authors will first make a reference to the ecological crime, and then will analyze the regulations of the European Union relating to the criminal law framework for the protection of the environment, as well as national regulations related to that matter. At the end of the paper, the point will be on the importance of establishing European standards in the protection of the environment through criminal law.

More...

Европска унија пред Саветом Уједињених нација за људска права

Author(s): Luka Glušac / Language(s): Serbian Issue: 56-57/2016

This paper presents the activities of the European Union in the United Nations Human Rights Council. The author points out that, despite the well-developed normative framework for foreign policy in the field of human rights, problems typical for EU foreign policy in general, very clearly depict in this field as well. Despite its clear aspirations and some notable success, the European Union failed to take a leading position in the UN Human Rights Council. In order to succeed, the EU must reduce the distance between Brussels, as the center of political decision-making and Geneva, as the main forum for the presentation of respective decisions. A prerequisite of this is a faster internal formulation of a common position, which could then be effectively communicated to other members of the Council. Here, of particular importance is the EU diplomatic structure in Geneva, which continues to be characterized by the resistance of Member States to cede coordination and actual leadership to the EU Delegation. Thus, the EU transmits confusing voices, which greatly reduces its capacity to effectively lobby.

More...