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Noi obiective pentru dezvoltarea durabilă

Author(s): Irina Zlătescu / Language(s): Romanian Issue: 2/2015

A future development program will be adopted by world leaders at the Special Summit on Sustainable Development in September 2015 in New York. The states have agreed on the draft outcome document that will build on the previous successes of the eight Millennium Development Goals adopted in 2000. The goals set out in the draft program for after 2015 go further, by addressing the root causes of poverty and the universal sustainable development needs of all peoples. In carrying out the program, an important role will be played by national institutions for human rights.

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Towards a reform of the European Court of Human Rights

Author(s): Irina Zlătescu / Language(s): English Issue: 1/2012

European Court of Human Rights may receive applications from any person claiming to be the victim of a violation by one of the Contracting Parties of the rights set forth in the Convention or its additional protocols. The role of the Court is to decide to what extent national authorities of Contracting Parties have respected the rights provided by the Convention. European law provides that only the Committee of Ministers has the power to monitor the judgments of the European Court, and the defendant State must inform it on the measures taken to implement the judgments of the Court. Last but not least, the Committee of Ministers deals with optimising and increasing the efficiency of the Court, and with the ongoing reform of this European judicial mechanism.

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Dreptul la dezvoltare durabilă (I)

Author(s): Irina Zlătescu / Language(s): Romanian Issue: 2/2012

The fundamental human right to development was the main topic of several international reunions. The latest is the United Nations Conference “Rio + 20” of June 2012 on sustainable development. At the Conference, heads of States and governments, who joined in Rio de Janeiro alongside participants representing the civil society, renewed in the final Declaration entitled The Future We Want the commitments assumed in recent decades to the effect that the present and the future generations shall be ensured observance of the fundamental human right to sustainable development.

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Repere şi perspective juridice în reglementarea criminalităţii informatice

Author(s): Radu Cristian / Language(s): Romanian Issue: 2/2012

Cybercrime has to be prevented and fought by global, pertinent regulations, capable to handle both the technologic inefficiencies in terms of security and the legislative ones characterizing contemporary society. In this respect, the author believes there is need for a partitioned leadership at world level, capable to respond and adapt in due time to the major technologic changes of society. The solutions proposed for the regulation of cybercrime include establishment of an International Criminal Court judging cybercrimes and also a Global Treaty in the field of cyber security and cybercrime.

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ОСВРТ НА НЕКА ПИТАЊА СРПСКОГ МЕЂУНАРОДНОГ ПРИВАТНОГ ПРАВА

Author(s): Mirko Živković / Language(s): Serbian Issue: 86/2020

The Act concerning the Resolution of Conflict of Laws with the provisions of other states (1982/3) has been in force in the Republic of Serbia for almost four decades. Two Commentaries have been written about this Act and the legal solutions contained therein, as well as a large number of monographs and scientific articles. Case law is also available in electronic databases. Although it seems that everything has been said about it and that all dilemmas related to its application have been eliminated, there is always room for casting a new light on particular institutes, reviewing Private International Law literature and case law, and rethinking the well-established conceptions and interpretations. In this paper, the author reviews certain PIL issues which are considered to have been resolved. The discussion tackles specific narrow topics pertaining to non-unified legal systems, the procedure for establishing the content of foreign law, the issue of law applicable to divorce, the problem of reciprocity regarding the aliens’ right to inherit, and the procedural institute of reciprocal jurisdiction. The proposed solutions are not intended to be the final ones. On the contrary, they are intended to contribute to the future codification of Serbian PIL, which would align it with the prominent national PIL systems in the comparative Private International Law.

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AНАЛИЗА ОДРЕДАБА ЗАКОНА О БЕСПЛАТНОЈ ПРАВНОЈ ПОМОЋИ РЕПУБЛИКЕ СРБИЈЕ КОЈЕ УРЕЂУЈУ БЕСПЛАТНУ ПРАВНУ ПОМОЋ У ПРЕКОГРАНИЧНОМ СПОРУ DE LEGE LATA И DE LEGE FERENDA

Author(s): Sanja Stanković / Language(s): Serbian Issue: 86/2020

The right to legal aid in cross-border disputes is a procedural right of the person who has the citizenship, domicile or habitual residence on the territory of a state which provides for exercing the right to legal aid in disputes conducted before the competent authority of another state. In the Republic of Serbia, the right to free legal aid in cross-border disputes is regulated by the Free Legal Aid Act, which regulates the exercise of the right to free legal aid in the territory of European Union. In particular, it provides the definition of a cross-border dispute, the types of free legal aid, the conditions that the applicant is required to fulfill in order to be granted the status of a beneficiary, the procedure when the dispute with an international element is conducted before the court in the territory of Serbia or an EU Member State, and the types of costs covered by free legal aid. In order to exercise the right to free legal aid in a dispute which is conducted before the court of another EU Member State, the applicant who has domicile or habitual residence in the territory of an EU Member State may submit the free legal aid application in two ways: a) directly to the receiving authority of the state in which dispute is conducted, or b) indirectly via the transmitting authority of the state in which the applicant has domicile or habitual residence. In the Republic of Serbia, the transmitting and the receiving authority is the Ministry of Justice. When the cross-border dispute is conducted before the competent court in the territory of the Republic of Serbia, the Ministry of Justice is in charge of deceding about the applicant’s legal aid application.

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КОНСТАТАЦИЈА КОМИТЕТА ЗА ЉУДСКА ПРАВА У СЛУЧАЈУ ЈОАНЕ ТЕЈТИОТА ПРОТИВ НОВОГ ЗЕЛАНДА И ЊЕН ЗНАЧАЈ ЗА МЕЂУНАРОДНО ПРАВО

Author(s): Bojan Stojanović / Language(s): Serbian Issue: 87/2020

The paper analyzes the findings of the Human Rights Committee in the case of Ioane Teitiota v. New Zealand. The procedure was conducted in accordance with the provisions of the International Covenant on Civil and Political Rights and the First Optional Protocol to the Covenant. The Committee considered the violation of the right to life contained in Article 6, paragraph 1, of the Covenant. The applicant argued that his return to Kiribati, his country of origin, would jeopardize his right to life. The statement considered the negative effects of environmental damage and the impact of climate change on the applicant’s right to life. The basic hypothesis of the paper is to consider the Committee’s statement in the light of expanding the protection of the right to life and paving the way for recognizing the impact of climate change on the basis of human migration. In the future, this could develop normative activity and practice of international bodies and states in the direction of recognizing so-called environmental refugees.

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ПРИМЕНA БЕЧКЕ КОНВЕНЦИЈЕ О ДИПЛОМАТСКИМ ОДНОСИМА НА ОДБРАМБЕНУ (ВОЈНУ) ДИПЛОМАТИЈУ

Author(s): Veljko Blagojevic / Language(s): Serbian Issue: 87/2020

The Vienna Convention on Diplomatic Relations regulates the general framework for the implementation of diplomatic functions of State. Contemporary diplomacy is evolving in many areas that have not traditionally been in its focus, such as police and intelligence cooperation. The Republic of Serbia has also started appointing police and Security-Intelligence Agency representatives to diplomatic missions abroad. It is essential to monitor and study this practice from the standpoint of legal regulation. This matter is regulated by diplomatic and consular law, but also by national legislation and diplomatic practice. The experience and tradition of defense (military) diplomacy of the Republic of Serbia in adapting its functions to the Vienna Convention on Diplomatic Relations, legal regulation and organizational and functional support to the defense attachés network, the procedures for selecting defense attachés, training and preparing them for the duty, as well as monitoring and directing them during the performance of the diplomatic service are indisputable at the national level. The tradition of military diplomacy has prevailed for more than 140 years, which indicates the level of diplomatic practice that leads to the conclusion that Serbia does have all the needed criteria for quality and functional implementation of the assigned tasks. The question is how these criteria are met in the newly formed network of diplomatic representations of the Police and the Security-Information Agency, bearing in mind the extremely negative experiences with economic representatives of the Republic of Serbia abroad. There is no doubt that their engagement is in line with international and national legislation, but the issue of the lack of diplomatic practice in organizational and functional terms remains a questionable one. Furthermore, there is the issue of their responsibilities within the diplomatic and consular missions and the harmonization of different professional cultures and ethics, as well as the preparation for performing their duties abroad. It is clear that all these problems cannot be solved in a short term, which is a relatively new organizational solution. Some time is needed to detect shortcomings in practice and generate the experience necessary to overcome them. The practice of organizing defense (military) diplomacy of the Republic of Serbia can certainly serve as a signpost for their resolution, while respecting the specificities arising from different responsibilities and professional ethics. By analyzing the specifics of the implementation of the Vienna Convention on Diplomatic Relations in defense (military) diplomacy, analogies can be seen with the defining functions, while its legal and organizational experiences can serve as a guide to regulating the functions of Police and Security-Intelligence Agency representatives in the diplomatic service.

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Jiří Bílý et al.: Democracy and Postdemocracy in the European Union - Current Issues and Possible Background

Author(s): Zuzana Horváthová / Language(s): English Issue: 2/2020

Reviews.

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Protecția juridică a drepturilor persoanelor aparținând minorităților (I)

Author(s): Irina Zlătescu / Language(s): Romanian Issue: 4/2015

Current international standards reflect the stage that has been reached in regulating the rights of persons belonging to minorities, showing us the difficulties faced by the states to find generally acceptable legal solutions for the implementation of the signed agreements under conditions of a great diversity of laws and regulations on the protection of the rights of these persons. To be noted that the protection of minorities followed the same steps as the development of individual rights and freedoms in general, assimilating the recognized right to religious beliefs and to practicing another religion than the majority, as that of preserving the ethnic features compared to the majority culture. Through the work of the League of Nations the protection of minorities has entered a new stage, experiencing definite progress, and then after the Second World War, the United Nations has conferred to the human rights approaches a character of universality that resonates with the Universal Declaration of Human Rights. In the approach and interpretation of the provisions regarding the rights of minorities it is important to understand that they relate to the rights of individuals, of persons and not of groups, which is a prerequisite in the process of understanding the rights of minorities’ controversial issue which involves the need for an as rigorous as possible definition of the minority groups.

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EU CITIZENSHIP LAW: INTEGRATION OF IMMIGRANTS

Author(s): Deyan DIMITROV / Language(s): English Issue: 1/2020

This article examines the concept of European citizenship, formally introduced by the Treaty of Maastricht. Emphasis is placed on the fact that currently, the EU has no common citizenship policy and citizenship issues are completely fragmented between the national legal systems of the Member States. This study draws attention to the challenges and opportunities posed by this situation for the integration of immigrants and raises the question of nationality in the EU and whether EU citizenship should be distinguished from that of Member States? The study focuses on what it means to be "European" in the era of global mobility and freedom of movement and examines the interconnections between national sovereignty, self-determination and EU citizenship.

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KОМПАРАТИВНИ ПРЕГЛЕД ЗАШТИТЕ ПРАВА ПРОИЗВОЂАЧА БАЗЕ ПОДАТАKА У ХРВАТСKОМ И СРПСKОМ ПРАВУ

Author(s): Marijana Dukić Mijatović / Language(s): Serbian Issue: 3/2020

This paper analyzes the right of a database manufacturer which is the exclusive right that authorizes its holder to prohibit or permit another to use a particular database, i.e. the collection of regulated and systematized data, copyright works or other materials that are available electronically or otherwise. However, the database can be a collection in terms of the copyright of the collection, so it also represents the content of the analysis in this paper. The subject of comparative analysis are the provisions of the current regulations in the Republic of Croatia and the Republic of Serbia, and determining their compliance with the Directive 96/9/EC on the legal protection of databases. The analysis used a historical legal and normative legal method. Based on the analysis, the authors point out that the adopted solutions for the protection of databases in the EU greatly influenced the adoption of the corresponding regulations in the Republic of Serbia, concluding that the regulations governing this area in the Republic of Serbia are almost completely aligned with the EU regulations.

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Third age and disability during COVID-19 times in the United Nations vision

Author(s): Ioan Voicu / Language(s): English Issue: 2/2020

The article is focused on a diplomatic, legal, and institutional analysis of the situation of older persons and people with disabilities in the view of the United Nations in the context of the unprecedented circumstances generated by the COVID-19 pandemic. It critically examines the current situation caused by this pandemic and the way in which it is the subject of diplomatic debates in the UN General Assembly, the Security Council, and the World Health Organisation from the perspective of the most severely affected persons. The article presents the main resolutions adopted in this field, highlighting, at the same time, the regional efforts to win the battle against COVID-19. Moreover, it emphasises the need for joint action at global level to promote global solidarity in order to identify realistic solutions, acceptable to all the countries in the world. The article cites the most important international documents that will guide the cooperation of states in preventing and combating pandemics, with special reference to older persons and people with disabilities.

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Limite ale dreptului internațional în spațiul cibernetic fără limite. Provocări și incertitudini

Author(s): Carmen Moldovan / Language(s): Romanian Issue: 1 bis/2020

The aim of this paper is to address the asymmetry between the constant dynamic of Cyberspace (taking into consideration its special features and possible definitions) and the slow development of special International Law rules in this regard. However, the paper submits that there is not a normative gap and will explore the results of the research work of different bodies and expert groups in this regard especially the special working groups created within the United Nations and NATO. As a result of recent legal developments concerning Cyberspace, it is generally accepted that International Law is applicable to cyber operations, yet there are no indications on how this process is happening. And this is one of the greatest challenges of International Law at the moment. Technology and Cyberspace are in fact subject of limited State regulations due also to their constant and highly dynamic development. Cyberspace is a highly explored and used environment; and the normative need is justified. However, one cannot dispute that the law is always post factum and although it appears difficult to adapt to new and existing situations, the process is more difficult taking into consideration that the rules should apply for the future and in this regard, the only certainty is the continuous evolution of Cyberspace.

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Ocena zgodności z prawem międzynarodowym poselskiego projektu ustawy o równości małżeńskiej

Author(s): Justyna Łacny / Language(s): Polish Issue: 4/2020

The Deputies’ Bill on Marital Equality provides for the possibility of marriage between two people regardless of their sex. It introduces the possibility of adopting children by a single-sex couple. It does not regulate matrimonial property relationships. The opinion presents the jurisprudence of the ECtHR and international regulations which indicate that they do not contain a clear and commonly accepted definition of marriage. As a result, it cannot be claimed that the parliamentary draft law breaches, international law.

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Restytucja dóbr dziedzictwa kulturowego

Author(s): Beata Bińkowska / Language(s): English Issue: 4/2020

In response to the ECPRD request, the Bureau of Research provided the requester with information on restitution of cultural heritage goods. According to the author, the return of cultural goods acquired from a foreign country during a war or colonization is regulated in the Polish Act on Restitution of National Cultural Goods, which governs the implementation of the Directive on the return of cultural objects unlawfully removed from the territory of a Member State. The Republic of Poland was requested by Germany to return certain cultural goods, confiscated after World War II. However these requests were turned down because the goods were acquired as a result of the change of state borders. Before the above-mentioned Act came into force, the Polish state had returned some cultural goods to other countries. The Polish Ministry of Culture and National Heritage has a special unit which deals with restitution of artworks and keeps the Catalogue of the War Losses - The Division for Looted Art.

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Revizuirea procedurii de negociere a aderării noilor state membre - între limbajul diplomatic și provocările concrete

Author(s): Augustina-Mihaela Dumitrașcu,Dragoș - Adrian Bantaș / Language(s): Romanian Issue: 2/2020

The accession of the new Member States to the European Union is a predominantly political and diplomatic process, the legal enshrinement of which in the European Union's primary law mainly concerns its general coordinates, its practical details falling mainly on the institutional and diplomatic practice of the EU and Member States. Although the overlapping of the national interests with lax regulation in Union law have been considered to have worked satisfactorily so far, they have also generated unpredictable situations in the context of the challenges posed by the international political and economic context and by the complexity of the issues related to the candidate countries in the Balkans, therefore having a high potential to generate resentment among these states. In order to prevent such situations from recurring in the future, the Commission has drawn up a number of proposals to revise the procedure for negotiating the accession of the new Member States, which are the subject of this research.

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Notificarea internațională a măsurilor derogatorii privind drepturile omului

Author(s): Corneliu Liviu Popescu / Language(s): Romanian Issue: 2/2020

In exceptional circumstances, derogations from human rights are permitted and necessary. A condition for the validity of derogating measures, in the light of the International Covenant on Civil and Political Rights and the European Convention on Human Rights, is represented by the notification of the Secretary General of the United Nations and of the Secretary General of the Council of Europe.

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Urgența în dreptul internațional. Justificarea urgenței în baza unor clauze în tratate

Author(s): Ion Gâlea / Language(s): Romanian Issue: 1/2020

The study proposes to examine – in the light of the challenges raised by the COVID-19 pandemic – whether and how States can suspend the performance of international law obligations in a situation of emergency. The study focuses on patterns of treaty clauses that may allow for certain exceptions (while the circumstances precluding wrongfulness are subject to a subsequent study). On one side, the research examines the GATT exceptions provided in articles XX (general exceptions) and XXI (security exceptions), and on the other side, the patterns of clauses within Bilateral Investment Treaties. Relevant case-law of WTO panels, appelate bodies and of investment arbitration tribunals is also examined.

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Principii internaționale privind independența justiției

Author(s): Ioana-Cristina Vida / Language(s): Romanian Issue: 2/2009

While referring to the international principles related to the independence of justice, the author presents a number of provisions in the international and the regional human rights treaties as well as other international documents relevant in the field. These include art. 14 in the International Covenant on Civil and Political Rights, the guiding lines referring to the role of prosecutors, the UN basic principles on the role of the bar associations, Recommendation 2000 by the Council of Europe on the role of the Public Ministry as well as the norm of the International Association of Prosecutors. Based on that, she illustrates the principles and norms generally applicable to justice as a whole, to judges, prosecutors and lawyers, to the relationships among these professional categories, with their specific roles, as well as the relationship between them and various authorities.

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