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This paper aims to approach an important subject at global level, but a rather sensitive one for Romania: the rule of law. The paper will identify the rule of law characteristics as outlined by the legal doctrine and then determine their specific particularities in Romania. The political situation in Romania is important not only for its citizens, but also for its international partners.
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This paper aims to address some theoretical and practical issues regarding the organization of the state, the state apparatus and the identification of European administrative models. It is clear that each state has its own organization and structure, but some administrative models have common features and that is why it is important to examine whether these models can be implemented in a standard way, as welldefined patterns.
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The present work wishes to analyze the Romanian medical system in regard to Law no 95/2006 for malpractice cases. The general aspects of malpractice were analyzed first, starting from the legal definition and moving on to the doctrinarian interpretation. We have also analyzed the civil liability of the doctor with all its significant aspects, as well as the legal procedure of determining malpractice cases. Finally, we have introduced a case study, the trial Codarcea versus Romania, a trial in which the Romanian state was sentenced by the European Court for Human Rights for the violation of articles 6 and 8 of the Convention. The Romanian state was sentenced to pay moral damages in the amount of 20.000 Euros.
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Labor mediation is the activity through which the connection between employers and people who search a work place is realized regarding the establishment of work or service rapports. Likewise, mediation can be defined as a international public law procedure or by the labor code which proposes a conciliatory solution for the parts that are in litigation. In the content of the present article there will be treated relevant aspects regarding the activity of mediation, of it’s characteristics and stages as ell as general notions referring to the mediation agreement. Likewise, there will be approached specific aspects regarding the mediation of work conflicts and the result of such mediation.
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L’apparition des droits subjectifs représente, selon Max Weber, le résultat d’une mutation fondamentale dans la compréhension du « droit légitime » (Berechtigung), qui s’est déplacé du droit traditionnel, qui fixe des devoirs à l’individu, et qui conçoit les droits « sous forme d’un reflet »2 de ces devoirs, vers les droits subjectifs, vus comme une capacité, une « source de pouvoir ». Le droit n’est plus la réflexion d’un devoir prévu par la loi, mais il confère à l’individu un pouvoir sur les actes des autres. A l’intérieur de la société, l’équilibre entre societas et labor se réalise principalement par l’intermède de la loi. Mais la construction européenne multiplie le cadre normatif en ajoutant à la culture juridique nationale une culture supra-étatique qui régit des rapports propres aux relations intra-societales.
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The “datafication” of society requires clear, harmonized and strict measures in order to ensure the effective protection of the children, direct consumers of an important number of information society services. The paper aims to present on overview of the applicable provisions of the General Data Protection Regulation in the field of child protection in case of data processing.
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Since children require a specific protection with regard to their personal data, they receive special attention from the European legislator in the framework of Regulation (EU) 2016/679 as they may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the processing of personal data. That is why this paper aims to analyze the provisions of the General Data Protection Regulation referring expressis verbis to the processing of a child's personal data, without overlooking some aspects regarding the processing of personal data revealing the religious beliefs of a child as well as the processing carried out within the future online school catalog. We will consider not only the provisions of Regulation (EU) 2016/679 and the national legal framework, but also the guidelines issued by the former Article 29 Data Protection Working Party and subsequently endorsed by the European Data Protection Board. However, it remains difficult to assess to what extent the children of today who will become the adults of tomorrow will be satisfied with the way their personal data have been used prior to the time when they can express their consent to the processing operations.
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In the legislator's acceptance, the relationships between parents do not influence their obligations towards their children, whether they come from or outside the marriage. In the case of the existence of the marriage and its dissolution by divorce, with regard to the non-matrimonial effects, the question of taking protective measures towards the minor children, regarding the parental authority, housing or maintenance obligation is raised. Similar issues can be found in cases in which parents were not married but from their relationship resulted children, regardless of their nationality.The article discusses elements of judicial practice, theoretical notions related to the best interests of minors, but also elements aimed at discrimination on the basis of nationality.
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In Volume 6 of the edition “Monumenta Srebrenica“ we talked about the phenomenon and meaning of the culture of remembering for the whole socio-historical existence of social groups, first and foremost, nations and states. In the last, Volume 7 of the edition “Monumenta Srebrenica“, we discussed only one, specific form of collective consciousness of Bosniaks, that has developed recently, and that is self-shame, and we can also call it self-hatred, auto-chauvinism and the like, but that form of consciousness is very similar to the inferiority complex, that essentially degrades one’s own and values other cultural, traditional, political, religious and other life values.
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The verdicts handed down before the International Criminal Tribunal for the former Yugoslavia (ICTY) confirmed the facts that proved the existence of several joint criminal enterprises committed in Bosnia and Herzegovina in the period 1992-1995, with a special emphasis on the genocide in Srebrenica, behind which is a chain of well-connected criminals organized in the system of political, military and police structures and organs of Republic of Srpska. The theoretical and practical interpretation of the joint criminal enterprise as a form of criminal responsibility which, as such, for the first time in the history of international law defined in the cases before the Hague tribunal, imposes the need to perceive the attribution of this form of responsibility, and determine how this doctrine is understood and interpreted in the context of the case law before the ICTY, but also before the Court of Bosnia and Herzegovina.
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This paper brings the chronology of the trial, during which Radovan Karadžić was convicted, as the highest-ranking person in the territory of the former Yugoslavia. He was convicted of genocide in the Srebrenica area in 1995 and for persecution, extermination, murder, deportation, inhumane acts (forcible transfer), terrorism, unlawful attacks on civilians and taking of hostages by participating in four joint criminal enterprises (JCEs). The chronology was made based on official documents of the International Criminal Tribunal for the former Yugoslavia (ICTY) and completed with the Appeal Judgment Summary by the Appeals Chamber, in the proceedings against Radovan Karadžić. The sentence of life imprisonment imposed on him is a message to everyone that war crimes are not tolerated, and the extensive evidence in this case and the facts contained therein are particularly important for establishing the truth about the events in BiH, and deserve this and many other, different analysis.
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The comfort women, which was a brutal crime in the Second World War, has been a historical dilemma in the international legal practice in the East Asia. It is an impasse made up of gender, decolonisation and nationalism elements. This article tries to propose a possible way to reach a genuine reconciliation on the comfort women issue from a perspective of transitional justice. Firstly, an introduction about the comfort women issue will be introduced, which will establish the whole theoretical analysis framework. The Second Part will try to analyze the obstacles and difficulties to ultimately settle down the comfort women dilemma. In the Third Part, this essay will conduct cases study by retrospecting the currently existing practice that has tried to address the comfort women problem, namely inter-governmental cases and individual-claim cases. The Conclusion will coincide the rationale of the First Part and put forward the possible solution with a threefold structure.
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The views of the contemporary criminal law doctrine have been emphasizing the importance of finding adequate criminal legal instruments of state response to organized crime for more than a decade, primarily bearing in mind the danger this form of crime poses to the contemporary, democratic society. The adequacy of the state response to organized crime requires a number of instruments that should be effective in the strategic field, in the field of ratified international documents, amended legal texts, which in the future would contribute to an even more effective fight in the field of detecting, proving and conducting proceedings for organized criminal offences. Taking into account the degree of danger of organized crime to modern society, including the criminal offence of forming a group for the purpose of committing crimes, it is necessary to react in all the fields mentioned above, especially with regard to the process of accession to the European Union. The authors analyse the legal characteristics of the criminal offence of forming a group for the purpose of committing criminal offences, which is one of the basic types of criminalisation associated with organized crime. The authors also analyse the normative and practical measures that are a prerequisite for a more effective fight against organized crime and an important stepping stone on Serbia's path to the European Union.
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In the article we argue that the origins of the international tax base erosion in the corporate sector, which are the harmful tax competition for capital and old-fashioned international tax rules, are also relevant for the taxation of income of the high-skilled and mobile workforce. Therefore, a multilateral rethinking of the global tax architecture is proposed in order to conceptually address the problem properly and in a harmonized manner. We point out, based on the examples of Russia and Serbia, several problems of tax base erosion for mobile “talents”, with a case study analysis of scenarios of “talent” migration involving sportspersons, researchers and IT specialists. Finally, we propose some ideas for global tax cooperation in order to mitigate the negative tax effects of brain drain based on adapting the existing recommendations of the BEPS Project for the cases of migrating individuals.
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Hate speech on Internet has been more present in public discourse in Bosnia and Herzegovina in the last years, as noted by ECRI and European Commission in their reports. The particular problem presents the fact that, despite ECRI recommendations from 2016, and obligations that BiH accepted by ratification of the Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems, criminal laws have not been amended in a way to conform to the requirements set forth in this document nor in Committee of Ministers' Recomendation 97(20). Also, there is no adequate protection in civil or administrative laws that would allow those affected by on-line hate speech to seek redress. It is argued in this Article that the competent authorities should develop a comprehensive strategy to tackle on-line hate speech. This strategy should include different measures such as: legislative amendments in criminal and civil laws, enactment of a separate law that would include a clear definition of hate speech, obligations of on-line media in relation to establishing mechanisms for more efficient monitoring and prevention of hate speech, as well as their civil liability for hate speech in their publications and for users generated content. However, all legislative measures should be carefully designed in order not to undermine or allow disproportional restrictions to the freedom of speech or to have “chilling effect” on media or to discourage public debate and criticism. Until then, the courts should adhere to their constitutional obligation to directly apply ECHR and should interpret inadequate laws in a way that will not undermine the Convention rights.
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After analyzing the prohibition of hate speech in international law and practice, the author analyzes the normative and institutional framework for hate speech prohibition in Serbia. The analysis points to valid legal solutions to this prohibition, regulations of regulatory bodies that are responsible for combating hate speech in print and electronic media and the Internet, and then provides an overview of institutional mechanisms of protection against hate speech. After that, the author gives a critical overview of the functioning of the normative-institutional framework for the prohibition of hate speech and points to the key problems, first of all: the problem of media freedom, the high degree of non-recognition of the essence of discrimination and hate speech among representatives of the public authorities, the problem regarding the functioning and independence of regulatory bodies, but also the judicial system in general. Political discourse in Serbia is burdened with the spirit of intolerance and rhetoric that often contains hate speech. The fact that pro-government media often appear as actors of such rhetoric is worrying, as it points to the readiness of the public authorities to promote a critical dialogue that is the premise of a healthy democratic society.
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The article examines the origins and evolution of the European system of collective security after the end of the First World War until the mid-1920s and the Locarno Treaties. Based on the analysis of international documents and literature, this study traces the development of European collective security through the League of Nations and by examining the impact of the Locarno Treaties.
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Greek customary law of war drew a clear distinction between intra-Greek wars, i.e. the armed conflict between adversaries which shared cultural and religious ties, and wars with opponents who were not part of the Ancient Greek world. The rules of warfare pertaining to conflict between Greek city-states contained rules for male soldiers, which included rules on sparing the lives of other Greeks, but also, those pertaining to women. This paper explores the participation of women in warfare, as well as the customary rules concerning rape, which can be deemed to have the force of law in armed conflict. In conclusion, a humanization of warfare may be recognized, albeit bearing in mind the concept of international relations and factors that affected the ancient customary rules of warfare.
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The impressive increase of the number of terrorist acts in different parts of the world and „internationalization” of this issue lead to diversification of the forms of combating this phenomenon, especially in the international cooperation form, as well as to the adoption of some regulatory documents which often contravene to the regulatory framework which ensures the fundamental human rights and freedoms. The adopted measures are argued by the necessity to ensure national, regional and international security, but sometimes they are directly contradictory with particular norms of imperative character from the view point of the international law. In these conditions, as mentioned in numerous reports of the institutions concerned about the human rights, it is emphasized the attempts to justify the application of different forms of torture toward the persons suspected to be involved in the acts of terrorism are emphasized.
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The honor and reputation of the personality are one of the significant social values. If we prevent individuals from protecting their personal dignity and reputation, we are essentially encroaching on basic human rights. Bosnia and Herzegovina has decriminalized defamation and insult through the adoption of the Law on Defamation. The basic features of crimes against honor and reputation were determined by criminal legislation in the early 19th century, when clearer boundaries between defamation and insult were established. Specifically, a number of theorists believe that punishment for defamation and insult in this way is uncivilized and undemocratic behavior that threatens the freedom of the media and ultimately violates basic human rights and freedoms. States should therefore approach democratic standards through the decriminalization of slander and insult. It is for the aforementioned reason that the paper deals with comparative analysis of defamation and insult legislation as well as its legal reflections. Furthermore, in practice, there are major problems in proving insult and defamation, so it is necessary to approach a pragmatic analysis of the terms used in the context of defamation. Namely, the defendant can defend himself by stating that "he did not mean it in that way", ie that he did not intend to achieve the stated legal consequence by his statement, and therefore we set out to establish the pragmatic goals of insult and defamation and their legal reflection.
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