DELEGATION AS A WAY OF UNILATERALLY MODIFYING THE INDIVIDUAL EMPLOYMENT CONTRACT
The unification of the individual's work environment in a unilateral way is done by the people, in the schools, without any need for them.
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The unification of the individual's work environment in a unilateral way is done by the people, in the schools, without any need for them.
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The contemporary discourse on human rights is a discourse in which its participants are using the language of polarization, exclusion and stigmatization towards various social groups, e.g. Ukrainians, women, migrants, refugees, LGBT. The inalienable and universal nature of human rights is being questioned as well as an equality before the law. In political communication, the language of discrediting political opponents is increasingly used, as well as the rhetoric of fear, aversion and hostility towards "strangers" is used. This is because the contemporary public discourse on human rights is increasingly infected with mis(dis)information and malicious information and its participants – from Kremlin propagandists to national agents of influence – use the manipulative infrastructure of social media.
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The refugee crisis on the Polish-Belarusian border related to the appearance on the border of a significant number of people who were brought to the territory of Belarus and then directed to the territory of Poland in an organized manner by Belarusian services led to a number of actions by, among others, Polish authorities, the legal aspects of which required urgent elaboration. This article addresses the issue of crossing the border and staying on the territory of immigrants under conditions of state of necessity. The considerations carried out in this text have proven that it is possible to legalize a foreigner’s crossing of the Polish border or stay in the Republic of Poland by invoking a state of superior necessity. Sometimes, too, such acts will result in the exclusion of guilt (when the migrant sacrifices a good of the same or greater value than the good being saved). It is also impossible to exclude the possibility of attacking the property of officers guarding the border area as a necessary defense. This is possible when service representatives commit unlawful acts against migrants. It is also permissible to take defensive action when, for example, officers, acting without any legal basis, take the migrants’ money or destroy phones belonging to them. This is because then a representative of the services, performing actions that are completely outside his competence, commits a direct and unlawful attack on other people’s movable property. The determination that the officers’ actions are the result of the execution of orders instructing them to commit crimes (in the absence of normatively effective authorization for the issuance of a specific order, such as push-back) leads to the conclusion that these behaviors are unlawful and a necessary defense is available against them.
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Migration, as described in numerous scholarly works, refers to the relocation of a group of individuals from one place to another, motivated by various factors aligned with their needs and aspirations. It is evident that migration entails more than a mere physical movement of people; it encompasses the exchange of information, labor, kindness, and various other benefits that impact both the countries of departure and arrival. As migrants, we undergo transformative experiences, altering our lifestyles, thought processes, habits, skills, and even our goals along the journey. This study aims to explore the theoretical significance of migration and its practical implications on individuals, encompassing their daily lives and professional endeavors. To comprehensively comprehend the intricate nature of this phenomenon, it is imperative to thoroughly examine the root causes of migration, the unfolding process itself, the trajectory experienced by migrants throughout this journey, and the potential risks that may arise prior to, during, or upon the culmination of the migration process. This process is facilitated by the legal provision of the right to free movement, ensuring individuals the freedom to choose their migration path. They can opt to utilize specialized migration programs or independently venture out to seek employment, settle, and transform their lives. This article emphasizes the consequences experienced by migrants as a result of their choices, examining situations where they find fulfillment in their decisions or opt to discontinue the migration process and return to their places of origin.
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The refugee crisis on the Polish-Belarusian border related to the appearance on the border of a significant number of people who were brought to the territory of Belarus and then directed to the territory of Poland in an organized manner by Belarusian services led to a number of actions by, among others, Polish authorities, the legal aspects of which required urgent elaboration. This article addresses the issue of the right to appoint a defense attorney and a court-appointed representative for a foreigner. Some countries offer comprehensive legal assistance to foreigners. In our country, there is no comprehensive system of legal aid covering the various proceedings pending against and involving a foreigner. As a result, a foreigner demonstrating a need for legal aid or legal representation is forced to file multiple applications at different stages and for individual actions under different procedures. A foreigner may be in different procedural roles, which triggers the need to apply for free legal assistance on diverse legal grounds. Some proceedings contain gaps in access to legal aid, this is clearly evident in the case of administrative proceedings. While the law on granting international protection to foreigners provides for access to free legal aid, this only happens at the stage of appealing a negative decision.
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The constitutions of various countries guarantee the right to protection of physical and mental health, and Article 3 of the Convention on Human Rights and Biomedicine guarantees the right to access to health care. In addition, all countries, as members of the World Health Organization, accept its Constitution, which defines health as “a state of complete physical, mental and social well-being, and not merely the absence of disease or infirmity.” The patient’s rights are codified both through systemic health laws and through special laws on patients’ rights. An important segment of these rights is assistance in the realization and protection in case of their violation. Protection is an inseparable part of defining the patient’s rights, including the right to health. The forms of their protection are different extrajudicial and judicial procedures. In court proceedings, in the region, the Law on Obligations is applied for the basis of responsibility, but different health regulations and development of jurisprudence, are relevant for determining the types of faults in medicine and forms of violations of patients’ rights. In European systems, judicial practice is not a source of law, but there are some elements that make it influence further adjudication through its authority. The theory of faults in medicine is divided into professional errors and errors in informing the patient. Although jurisprudence in the region does not abound in adjudicated cases on liability due to faults in medicine, the aforementioned division has received its further elaboration in practice, so different cases of errors can be recognized through the decisions of the courts. In addition to the recognizing the types of negligent actions or non-actions, the positive and negative directions in which the jurisprudence of the region has been developing in the last few decades, could be noticed.
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Possibilities of realization of freedom of testation as the right of a person with testamentary capacity to dispose of their own property in case of death, from the point of view of permissible of testamentary form, depending on the needs and objectives by which modern law is guided in their regulation, are different. The subject of the paper is a comparative review of the existing forms of wills in order to perceive the scope of freedom of testamentary dispositions in the law of Serbia and other modern European laws, whereby the author’s attention is also focused on the limitation of freedom of testamentary dispositions caused by the current corona virus pandemic. It needs to be taken into account that, both on a European legal ground and worldwide, in order to contain this virus, appropriate regulations have been issued that govern certain emergency measures. It was observed that the application of the above measures during the pandemic led to a narrowing of the said freedom in Serbia and in other modern legal systems of Europe, since during its duration, the availability of certain testamentary forms, i.e. the possibility of their use, was made difficult or impossible for persons with testamentary capacity. Bearing in mind that every person with testamentary capacity needs to be able to dispose of a will on any occasion and at any time, the author points out in the work the necessity of guaranteeing the freedom of testamentary disposal even in emergency situations, such as a pandemic, looks at certain shortcomings in the domestic regulations and presents ideas regarding the possible ways of realizing this freedom de lege ferenda in Serbian law.
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In the paper, the author discusses the basic procedural principles of civil (litigation, executive and non-litigation) proceedings in the legal system of Bosnia and Herzegovina and the Republic of Srpska and their compliance with the most important documents on the protection of basic human rights and freedoms (primarily with the European Convention on the Protection of Human Rights and fundamental freedoms, which is an integral part of the Constitution of Bosnia and Herzegovina). Every human right becomes illusory without an appropriate mechanism for its realization and protection. Although the mechanisms of their protection in criminal proceedings are mostly discussed, we must not ignore the far greater number of violations of those same rights due to non-compliance with the basic procedural principles of civil court proceedings. This is precisely one of the reasons why the author decided to consider this topic theoretically. In her research, she will present a brief overview of the basic principles of civil procedure in Bosnia and Herzegovina and the Republic of Srpska, as well as to discuss whether they are sufficient to protect and realize the basic rights of people proclaimed in the Constitution and relevant international documents.
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The present article aims to analyze the limits of compliance with the principle of legality in the case of the administration of evidence at the stage of criminal prosecution regarding the act, the consequences of the birth of reasonable suspicion regarding the commission of crimes on the quality of the persons concerned, the consequences of not finding these circumstances supported by all the evidence, as well as the effectiveness of the remedies that the person against whom a criminal charge has been formulated can use to restore the fairness of the procedure. But, once the right to defense has been violated, can any remedy fully remove the effects of these intrusions, or will the accused bear the burden of the violation of his rights throughout the criminal process? After the start of the criminal prosecution regarding the act, in order to achieve the object of the criminal prosecution as configured by the provisions of art. 285 of the Criminal Procedure Code, the prosecutor and the criminal investigation bodies proceed, as a rule, to administer the evidence that will configure the main versions of the investigation. The Law on the Implementation of the Code of Criminal Procedure introduced a new procedural institution, which is distinguished and interposed simultaneously between the moment of the initiation of the criminal investigation and that of the initiation of the criminal action, i.e. the continuation of the criminal investigation towards the suspect. The legislator therefore circumscribes a crucial procedural moment that acquires the significance of formulating a "criminal charge". The latter notion has an autonomous character, representing the official notification, issued by a competent authority, by which a person is charged with committing a crime. The condition of proof and the standard to be met have been prescribed by the legislature in order to prevent the formulation of an arbitrary criminal charge, devoid of factual basis. Disposing of the further execution of the criminal investigation against the suspect if the conditions provided for by art. 77 and art. 305 para. (3) The Criminal Procedure Code constitutes a positive procedural obligation that arises in the responsibility of the criminal investigation body, and not a possibility of it that can be used in conditions of opportunity, nor a procedure that it can stop in relation to the conduct of the investigation. The rationale of the regulation is to ensure all the effective guarantees of the right to defense recognized to the persons concerned by the commission of a crime. In this sense, the European Court of Human Rights ruled in a constant jurisprudence that a person acquires the status of a suspect not from the moment it is brought to his attention, but from the moment the national authorities had plausible reasons to suspect him of committing a crime. Violation of the positive procedural obligation by carrying out the criminal prosecution regarding the act beyond the time when, reasonably, a criminal charge could and should have been filed, leads to the violation of the right to a fair trial of a nature to attract the incidence of the sanction of relative nullity under the conditions of art. 282 Criminal Procedure Code regarding procedural documents or evidence administered after this moment.
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The paper systematically examines the issue of impediments to establishing an employment relationship, as circumstances that lead a person to a state of legal impossibility to establish an employment relationship, even though that person fulfills all general and special conditions for working in a certain workplace. The author analyzed the positive legal regulation of this labour law institute, taking into account that it is a ratio personae and ratio materiae restriction of the right to work and freedom of work, due to the fact that persons with certain personal characteristics cannot work in certain jobs, given the nature of those jobs. The legal consequences of impediments to establishing an employment relationship are presented in the appropriate parts of the work. Also, the subject of analysis are the basic types of impediments to establishing an employment relationship that can occur on the side of the employee and on the side of the employer, to the extent that it is necessary and possible considering the limited scope and space for writing this paper, so that this labour law problem was seen as comprehensively as possible.
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For the sake of the complete and unhindered performance of diplomatic functions, as well as the application of diplomatic and consular law, immunities and privileges are enthroned as one of the central institutes of this branch of law. In the first part of the work, the author introduces us to different forms of immunity, privileges, their civil and criminal aspects of the diplomatic mission and diplomatic representatives.Building on them, in the second part of the paper, the author presents various examples of abuse of immunity and privileges in practice. Then the author analyzes the various mechanisms offered by diplomatic and consular law in terms of solving the problem of abuse of diplomatic privileges and immunities. In the last part of the paper, the author talks about the (un)necessary revision of the rules of diplomatic and consular law in the domain of diplomatic immunities and privileges, concluding that more effective control of the state of appointment is necessary, rather than a revision or any other radical change of norms in the domain of diplomatic immunities and privileges.
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Politics, economy, law ... the present study tries to clarify the existence of a connection between these three representative fields for the evolution of any state, and to highlight their influence on respecting and promoting human rights. In this essay we start from an analysis of the evolution of human society on all continents of the world.
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Review of: Jessica Whyte: Morala trga: človekove pravice in vzpon neoliberalizma. Ljubljana: Sophia, 2020. 367 strani (ISBN: 978-961-7003-57-4)
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Sustainable development means improving people's living standards, giving them a real opportunity to make choices, creating a conducive environment and disseminating knowledge, as well as providing better information. Thus, we should reach a situation where we have "a good life, within the limits of our planet", through the more intelligent use of resources and a modern economy that serves our health and well-being. The 17 Sustainable Development Goals (SDGs) or Global Objectives, assumed by our country together with the 193 UN member states in September 2015, cover a wide range of topics that promote global action in three main areas of sustainable development: economy, society and environment. The 17 SDGs are addressed to both underdeveloped and developed countries and regions alike. Thus, by 2030, the world's states are committed to eradicating poverty and hunger, combating inequality and injustice, and taking active measures to protect the environment. In order to create a more sustainable world and to engage in the sustainability issues described in the SDGs, individuals need to become change drivers for sustainability. They need knowledge, skills, values and attitudes to empower them to contribute to sustainable development. That is why education is crucial in achieving sustainable development. However, not all types of education support sustainable development.. Education that promotes only economic growth can also lead to an increase in unsustainable consumption patterns. The current approach to Education for Sustainable Development (EDD) encourages learners to make informed decisions and take responsible actions for environmental integrity, economic viability and a just society for present and future generations. National Education Law no. 1/2011 mentions, for the first time in the Romanian education legislation, the concept of early education, showing the openness to the latest studies in neuroscience and psychopedagogy, which highlights the role of early education in avoiding unwanted behaviors of the child on the path of future schooling, with effects in terms of reducing early school leaving, poor school results and low chances of employment.
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Following the consultation with 700 children in 28 countries around the world, the Committee on the Rights of the Child adopted General Comment No. 25 (2021) on children’s rights in relation to the digital environment, in order to provide explanations on the implementation of the UN Convention on the Rights of the Child in this environment. Starting from the general principles governing this document (non-discrimination, best interests, the right to life, survival and development, and the right to express views and have them taken into account), this paper aims to analyze the provisions of the Comment, considering the challenges and risks of promotion, respect, protection and enactment of children's rights in the digital environment. One of the conclusions of this study is that, given the transnational nature of the digital environment, strong regional and international cooperation is needed, in addition to national legislative measures and policies, in order to achieve the digital inclusion of children.
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Respect for fundamental rights and freedoms represents a common value of all member states of the European Union, and in view of the principle of mutual trust between them, it is presumed in abstracto in the context of international judicial cooperation in criminal matters. However, the Court of Justice of the European Union has noticed that such trust is not automatic, but can be subject to in concreto examinations by the authorities of the requested state in the presence of serious and well-founded reasons to believe that fundamental rights and freedoms have been violated. This article examines, by reference to the case law of the Court of Justice of the European Union, a situation in which the execution of a European Arrest Warrant issued by the Romanian authorities was refused due to the finding by the judicial authorities of the issuing state that the right to a fair trial was not respected during the criminal proceedings conducted in Romania. Thus, judicial practice demonstrates that the principle of mutual trust, the cornerstone of international judicial cooperation, does not have an automatic character, making the need for verifications not only justified but also a necessity in cases where there is a plausible risk of violation of fundamental rights and freedoms of individuals.
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The notion of the rule of law is one of the defining features of European constitutionalism, whose influence in today's world is undeniable. Through this concept, the state itself restricts the scope of its action in relation to its own system of values. If it itself does not take into account the positive law, which is its own creation, the very legitimacy of the exercise of power is called into question. „Public power that undermines the legal order that it has established itself is pronouncing its own decline”, Ihering said at the beginning of this century. One of the great theorists of French doctrine, Carré de Marlberg, emphasized that „the rule of law is designed in the interest of the citizens and has the special purpose of securing them in advance and defending them against the arbitrariness of the state authorities" and the public institution located at the disposition of the individual is the tribunal: „In order for the rule of law to be achieved, it is indeed essential that citizens be armed with a lawsuit that allows them to attack vicious state acts that would infringe their individual right”. In these circumstances, judicial review appears in this perspective, and even more so than in the past, as an effective guarantee of the rule of law.
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Regulation of days off for employees belonging to another religious cult, some measures to prevent and combat the effects of the COVID-19 pandemic,, support measures for employees and employers, reduction of working time, granting allowances and telework increased fines for additional work and regulation more Precise discrimination are legislative aspects that affect the Labor Code in 2020. The amendment to the Labor Code requires the introduction of alternative forms of flexibility at work, to allow employees to achieve a better balance between family life and work and also, in the context of the current pandemic, to protect their health and family. Among these new forms of work are proposed the bank of working hours, compressed working week, work on duty or on a permanent basis, sharing the work schedule, The Labor Code has not been amended since its inception in 2003 in regarding the flexible working solutions they regulate, although market conditions even required additional effects of the pandemic The current economic context influenced by the exceptional measures adopted in Romania determined by the Covid-19 pandemic requires that labor legislation become more flexible, especially in terms of flexi-labor solutions. Also, both the business environment and the employees have been asking for years for the relaxation of work programs, so as to give them greater flexibility. ”According to them, the relaunch of the Romanian economy can be done only in the conditions in which they will be implemented. Real measures to adapt and make the labor market more flexible, so that in the current context dominated by the effects of the pandemic, employees can achieve a real balance between family life and work. These changes were inspired by the German model, called the Kurzarbeit program, flexible work programs The employer and the employee establish by contract the duration of working time, expressed as the total number of hours to be provided by the employee in a month. Depending on the total duration of the employee's working time, it will be determined whether the employee works full time or part time. The daily duration of working time is agreed by the employer and the employee at the beginning of each month or at the beginning of each week, so that at the end of the month the cumulative number of hours is equal to the number agreed in the working hours bank. The average working hours may not exceed 40 hours per week, and the employer and the employee may agree that the working hours be provided at the employer's premises, at the employee's home or in another place than the work organized by the employer, using information and communication technology. Compressed working week The employer and the employee establish by the employment contract the distribution of the work schedule, so that from the compression of the working days to the employee results a day of weekly rest, related to the agreed working time. Work on call ("on call") Work on duty is performed by the employee, usually in shifts, the employee can work at the employer's premises, at the premises of a third party, at home or elsewhere than workplace organized by the employer, using information and communication technology. During the entire period of on-call work, the employee will be available to the employer, who will always have the opportunity to call the employee to work or to a third party, to provide work based on intervention, or to request the provision of work by means of communication at a distance, at any time from the type of work performed on duty. Permanent work The employer and the employee establish through the employment contract the distribution of the work schedule, in long shifts of two or three weeks, in which the employees could not leave the perimeter of the employer's workplace, being provided with food and accommodation. For employees who work permanently, the employer will provide in the perimeter of the employer's workplace adequate food, accommodation and recreation, so that during permanent work employees do not travel home, but remain in this perimeter. Given the restrictions applied to employees regarding the development of daily rest time and weekly rest in the perimeter of the workplace, employees will benefit from a salary increase, isolation increase, established by the collective labor contract or, as the case may be, by the individual contract for work.
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The purpose of this paper is to present the core ideas of libertarianism. Its main representatives include Jay A. Nock, Ayn Rand, Robert Nozick, Murray N. Roth¬bard and Hans H. Hoppe. Libertarianism, with its many doctrines, currents and movements, means a cultural current, a philosophical theory or an ideology. It seems that libertarianism should be regarded primarily as a variant of liberalism, especially classical liberalism as a certain doctrine of socio-political life (which, however, has cer¬tain metaphysical-anthropological presumptions), and an attempt to develop it con¬sistently. Despite the different varieties of libertarianism, some are radical and others moderate, it can be characterised by a few core ideas, which include the idea of the free individual, private property and the free market, justice, human rights, criticism of the state and support for civil society.
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Disciplinary offense provided by art. 99 letter i) of the Law no. 303/2004 on the status of judges and prosecutors (unmodified) concerns "the failure to comply with the duty to abstain when the judge or prosecutor knows that there is one of the causes provided by law for his abstention, as well as the formulation of repeated and unjustified requests for abstention in the same case, which has the effect of delaying the judgment". During "in rem" criminal investigation phase, the procedural provisions of art. 65 para. (1) with reference to art. 64 para. (1) point f) of the Criminal Procedure Code are not applicable to the prosecutor, as according to these he is incompatible if "there is a reasonable suspicion that his impartiality is affected". The application of the procedural guarantees related to the right to a fair trial, including impartiality, cannot be put into question before the identification of the perpetrators of the crime and the official notification regarding the accused.
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