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Constitution of the Kingdom of Serbia from 1888

Author(s): Sanja Savić / Language(s): English Issue: 1/2023

In the paper, the author analyzes the adoption procedure, characteristics and significance of the Constitution of the Kingdom of Serbia from 1888. After the Kingdom of Serbia acquired the status of an independent and sovereign state by the decision of the Congress of Berlin, all restrictions regarding its constitutional arrangement disappeared. Emphasizing that the constitution of 1869 was passed illegally during his childhood, and that it gave the people too much freedom, King Milan Obrenović initiated the adoption of a new constitution. Created as a result of a political agreement between King Milan and the Radical Party, the constitution was supposed to secure the interests of both parties, i.e. the survival of the ruling dynasty on the throne and the introduction of a parliamentary system. The constitution was intended to establish a balance between the rights of the people, the ruler and the assembly. By arranging the political system of the state on the principles of parliamentarism and democracy, which sought to satisfy the interests of different layers of the Serbian citizenry, and by providing favorable conditions for further democratization of political life, the constitution of 1888 represented one of the most advanced constitutions in Europe at that time. However, practice has shown that parliamentary democracy requires a more developed social environment than the one that existed in the Kingdom of Serbia at the end of the 19th century.

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Prawo do ochrony zdrowia a organizacja systemu opieki medycznej w Polsce powojennej (1945–1952)

Author(s): Bożena Płonka-Syroka,Marek Stych / Language(s): Polish Issue: 2/2023

The article discusses the formation of the health care system in Poland based on the assumption that every patient has a right to health protection, and the determinant factors of this process. The analysed period starts at the end of World War II in 1945 and finishes with the adoption of the Constitution of 22 July 1952. In 1945 the health care in Poland was based on the legal and organizational solutions developed in the Second Polish Republic. Soon it started to be modified, which eventually led to its nationalization. The years 1945–1952 were a “transitional period” in the Polish legislation and organization of health care. In the first post-war years, the functioning of the health care system in Poland was based on the Act of 28 March 1933 on social insurance and of 15 June 1939 on public health care. However, they did not ultimately become the basis for structural solutions introduced in Poland in the early 1950s. At that time, the so-called multisectoral system in health care was abandoned and almost all of its aspects were taken over by state institutions. The aim of the article is to present the determinant factors which governed the evolution of Polish medical law in post-war Poland and to analyse the legal regulations introduced from 1945 to 1952. In their analyses the authors used the dogmatic-legal method (an analysis of legal texts – the basic method) and the historical-legal method (an outline of the right to health protection and its evolution in the studied period). The article ends with final conclusions.

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CONSIDERAȚII PRIVIND DREPTUL PACIENȚILOR DE ALEGERE ÎNTRE TRATAMENTELE ALOPATE ȘI HOMEOPATE. REGIMUL JURIDIC AL MEDICAMENTELOR HOMEOPATE ÎN UNIUNEA EUROPEANĂ

Author(s): Cristina-Luiza Erimia / Language(s): Romanian Issue: 3/2023

Specific EU legislation for homeopathic medicines has deep roots in their widespread use in member states. Even before the introduction of the first EU legislation in 1992, homeopathic medicines were prescribed and used in all Member States. Regulation of these products dates back to 1967 in France and 1976 in Germany. Directive 92/73/EEC created specific provisions for homeopathic medicines, aiming to encourage free trade within the Community and patients’ freedom of choice. In this context, this article examines how to regulate homeopathic medicines at EU level to ensure the same high level of quality and safety as other medicines, while recognizing the importance of national traditions. At the same time, the article aims to analyze the state of implementation of European legislation at the level of the member states, taking into account the fact that, based on article 16 paragraph (2), they have the competence to keep or introduce specific rules for preclinical tests (tests pharmacological and toxicological) and clinical trials, in accordance with the principles and characteristics of homeopathy practiced in the respective Member State.

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AFIRMAREA LIBERTĂȚII ȘI A DREPTURILOR OMULUI ÎN CONTEXTUL CRIZELOR GLOBALE – EDUCAȚIE ȘI DIGITALIZARE

Author(s): Virgil Peicu / Language(s): Romanian Issue: 3/2023

In the context of global crises, the affirmation of freedom and human rights becomes important as a survival solution. To know how to behave in such situations, you must be a resident and a beneficiary of the educational climate. Education plays a fundamental role in promoting freedom and human rights. Through education, people can develop critical thinking skills and understand the importance of respecting their rights and the rights of others. Education should provide knowledge about human rights, develop understanding and empathy towards diverse cultures and promote equality and non-discrimination. And when digitization comes to the aid of the educational process, the chances increase unexpectedly. Access to digital technology provides opportunities to learn, communicate and access information in a free and non-discriminatory way. Digitalization also facilitates civic participation, creating platforms for free expression and social mobilization. However, we must be aware that access to technology is universal and non-discriminatory. At the same time, human rights must be protected and respected in the digital environment. Freedom of expression and privacy of personal data should remain fundamental principles and should not be compromised under the pretext of security or other reasons. With the help of these tools we can promote a society that is freer, more equal and more respectful of the fundamental rights of each individual.

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CRISI DEI DIRITTI UMANI E LIBERTÀ RELIGIOSA, IL CASO FRANCESE

Author(s): Stefano Testa Bappenheim / Language(s): Italian Issue: 3/2023

The contribution examines the French regulation of the use of religious symbols in public space in the evolution of the principle of secularism of the State.

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CULTURA ORGANIZAȚIONALĂ CA FACTOR AL DEZVOLTĂRII COMUNITĂȚII ECLESIALE, ÎN CONTEXTUL CRIZELOR GLOBALE

Author(s): Samuiel Balc / Language(s): Romanian Issue: 3/2023

Education is one of the fundamental pillars in affirming and protecting freedom and human rights in a society. Since human rights represent fundamental principles of human dignity and equality, it is essential to understand the importance of education as a factor in the development of society in general and the development of the ecclesial community in particular. Education can help change mindsets. Through education, society can learn about the importance of organizational culture, as well as the principles and values of the ecclesial community. In this article, the importance of organizational culture as a factor in the development of the ecclesial community in the context of global crises will be particularly emphasized. Different types of organizational culture will be presented, as well as the importance of communication, freedom and human rights within society, in the context of global crises.

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DREPTURILE OMULUI ÎN ERA DIGITALĂ ȘI IMPACTUL INTELIGENȚEI ARTIFICIALE ȘI AL DIGITALIZĂRII ASUPRA FIINȚEI UMANE

Author(s): Delia Mariana Ardelean / Language(s): Romanian Issue: 3/2023

The digital revolution has led to unprecedented advances in technology, from the internet to artificial intelligence, fundamentally transforming the way we live, work, think and interact with each other. This article explores the intersection of human rights and digitization, with a focus on the implications of artificial intelligence, highlighting the importance of protecting fundamental human rights in an increasingly digital world.

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DECRETUL NR. 177 DIN 1948 ȘI LIBERTATEA CULTELOR RELIGIOASE

Author(s): Nicolae V. Dură / Language(s): Romanian Issue: 3/2023

In writing this study on „Decree No 177 of 4 August 1948 for the general regime of religious cults”, drawn up on the basis of the provisions of principle of the Constitution of the Romanian People’s Republic promulgated on 13 April 1948, I have taken into account two indispensable realities, namely: a) the fact that few of the Romanian theologians, jurists, sociologists, political scientists and historians - who have commented on its content - have had an interdisciplinary training that would allow them to examine and evaluate it through such an approach; b) the fact that some provisions of the text of this Decree-Law - to which some amendments were made after 1990, imposed by the socio-political guidelines and realities of the post-december epoch - were in force until 2006, when a new Law on Religious Cults was promulgated, namely Law no. 489 of 2006. Taking these two realities into account, through the text of this study we have been able to bring to the reader’s attention some clarifications and precisions of juridical and canonical doctrine that could be of real help for a better understanding of the text of the provisions of this Decree. Unfortunately, by some of its statements, Decree no. 177 of 1948 has survived in the text of Law no. 489 of 2006, although some of them, such as article 7, should have been taken over in their entirety, since the new law provides that the religious establishments are organized „according to their own ... canonical codes” (Art. 14 para. 2 Law no. 489/2006), and not according to „their canons and traditions”, as provided in article 7 of Decree no. 177 of 4 August 1948.

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SIMETRIA DINTRE TOLERANȚĂ ȘI LIBERTATE – TEORETIZĂRI ȘI APLICĂRI ÎN DINAMICA INTENSIFICĂRII DIVERSITĂȚII RELIGIOASE

Author(s): Ioan Dura / Language(s): Romanian Issue: 3/2023

Religious diversity is a reality. It has always existed, historically and phenomenologically attested, but now it is much more visible and much more strongly experienced on the everyday level. The interaction of religions compresses distances between people, between cultures. The structure of contemporary societies forces people belonging to different religions to relate to each other, to coexist, to accept each other. Without claiming to be exhaustive, our aim in this study is primarily to highlight the dual significance of tolerance in the relationship between different religious identities (people with a concrete and assumed commitment to a religious belief ) and in the political relationship between State and religion (religious diversity), by showing the extent to which these two dimensions are applicable in practice. Secondly, we will argue that tolerance can be concretized in the sphere of religious freedom.

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KONSEKVENCE HUMANITARNOG INTERVENCIONIZMA

Author(s): Aleksandar Lukić / Language(s): Serbian Issue: 3/2019

In this paper, the author explores the problem of humanitarian interventions and critically examines theories of intervention. According to those theories, the duty to react is one of the key arguments for intervening. However, it turns out that such a duty is, as a rule, linked to some political interest which in fact constitutes a primary motive for intervention. Humanity, therefore, fails in such actions that are, as a rule, military and have a coercive and destructive character.

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On the legal issues of proceedings concerning the provision of cash benefits from social assistance. Part 2

Author(s): Sylwia Łakoma / Language(s): Polish Issue: 47 (1)/2024

The aim of this study is to shed light on legal issues of proceedings in the case of granting cash benefits under social assistance in the aspect of one of the negative obligatory premises, i.e. lack of consent for a family interview (Article 107(4a) of the Social Assistance Act). This study is part two of an article whose part one focused on selected optional negative premises. The interview referred to above, carried out in particular with persons (families) applying for social assistance support, is intended to detail comprehensively the applicant’s situation, taking into account all circumstances of the case that may affect the right to a specific cash benefit. Given this, a refusal to take part in such interview, and thus making it impossible to establish facts relating to the applicant’s situation, forces a refusal to grant a cash benefit. This article intends, inter alia, to approximate the understanding of the meaning of the phrase “lack of consent”, which belongs to the category of undefined concepts. The article attempts to answer the question of whether relevant legal measures stipulated in the Social Assistance Act are sufficiently precise and clearly formulated to facilitate and, as a result, enable social assistance authorities to make decisions on the granting of cash benefits from social assistance, and if not, whether judicial decisions of administrative courts may be helpful here. This study is based on an analysis of the provisions of the Social Assistance Act, views of legal scholars and commentators and judicial decisions of administrative courts. The provisions of the quoted legal act – given the premise in question – do not seem to be formulated clearly and precisely enough (similar to what is the case of optional negative premises) to facilitate social assistance bodies in issuing decisions in cases of granting cash benefits from social assistance. This is due to the legislator’s failure to specify the phrase cited. For purely objective reasons, it does not seem entirely possible, which does not change the fact that in practice it leads to many doubts in interpretation. Some help in determining its meaning may be provided by judicial decisions of administrative courts.

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Ulga na dzieci – analiza konstrukcji prawnej oraz przegląd orzecznictwa sądowego

Author(s): Paweł Mańczyk,Dominika Wróblewska / Language(s): Polish Issue: 47 (1)/2024

The child tax credit is a tax relief under the Polish Personal Income Tax system. The purpose of this paper is to present this tax preference. Authors try to reach this objective by a detailed analysis of relevant legal provisions and jurisprudence. The main thesis of the article is that the child tax credit could have a positive impact on the birth rate in Poland provided that certain changes are introduced. In our conclusions we identify four shortcomings of the child tax credit:1) the child tax credit is available only for taxpayers who pay PIT on general terms; 2) the child tax credit for only one child depends on the income criterion which has not been indexed since 2013; 3) the value of the child tax credit is negligible and its amount has not changed since 2015; 4) taxpayers who care for unrelated, disabled and adult persons do not have the right to the child tax credit because of the tax authorities’ narrow understanding of the maintenance obligation. Authors formulate proposals for solutions of the said shortcomings. An analysis of legal acts, relevant literature and court decisions is the primary research method employed in this paper.

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Wjazd i pobyt Ukraińców w Unii Europejskiej w obliczu konfliktu zbrojnego od lutego 2022 roku – aspekty prawne ze szczególnym uwzględnieniem przypadku Polski

Author(s): Agata Szwed / Language(s): Polish Issue: 47 (1)/2024

The aim of this article is to present international law regulations (including EU laws) on Ukrainians’ entry to and stay in Poland in the face of the outbreak of the armed conflict in Ukraine on 20 February 2022. The analysis covers acts of international law, with a particular focus on acts of EU law which are relevant to Ukraine’s situation today and its consequences for Poland. De lege lata and de lege ferenda conclusions are drawn that will ensure even more effective protection of persons who flee the armed conflict currently going on in Ukraine and who seek protection in Poland. The methodology applied in the research coverds two basic methods typical to law studies - an analysis of the law in force and legal comparison, also aided by the statistical method.

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CCINDLE

Author(s): Marta Rawłuszko / Language(s): Polish Issue: 35 (1)/2023

Projekt badawczy zatytułowany CCINDLE, realizowany w ISNS od października 2022 roku nawiązuje brzmieniem do angielskiego czasownika kindle oznaczającego czynność podpalania czy rozniecania ognia. Jednocześnie CCIN DLE to skrócona nazwa projektu, którego pełny tytuł brzmi Co-Creating Inclusive Intersectional Democratic Spaces Across Europe i nawiązuje do głównego celu przedsięwzięcia, jakim jest współtworzenie, rozniecanie włączających, intersekcjonalnych i demokratycznych przestrzeni w Europie.

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CCINDLE

Author(s): Marta Rawłuszko / Language(s): English Issue: 35 (1)/2023

The research project entitled CCINDLE, underway since October 2022, refers in its wording to the English verb kindle, which means the act of setting fire or inspiring. At the same time, CCINDLE is the abbreviated name of the project’s full title which is Co-Creating Inclusive Intersectional Democratic Spaces Across Europe, and refers to the project’s main objective of co-creating and re-kindling inclusive, intersectional and democratic spaces in Europe.

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Polish-American cooperation to support Ukraine after Russian aggression in 2022

Author(s): Łukasz Jureńczyk / Language(s): English Issue: 1/2023

The article analyses and evaluates Polish-American cooperation in support of Ukraine after Russia’s full-scale aggression in 2022. It answers the question regarding the importance of Polish-American cooperation in supporting the Ukrainian state and society. It assumes that Polish-American cooperation plays a key role in the areas of military and non-military assistance for Ukraine and Ukrainians. Both countries are among the main donors of military equipment to Ukraine, which is delivered via the territory of Poland. In addition, they put great pressure on European countries to increase military support to Ukraine. Polish-American cooperation in non-military areas is also of great importance. Poland’s aid for Ukrainian refugees is crucial, and the US is involved in its delivery and financing. The US, in turn, is of paramount im- portance in imposing sanctions on Russia to force it to stop its aggression and in providing economic assistance to Ukraine. Poland participates in the sanctions system and strives to make them as severe as possible. Another area of Polish-American cooperation is LNG trade, which allows Poland, and potentially also other CEE countries, including Ukraine, to secure natural gas supplies after abandoning imports from Russia. During the research, interviews with American scientists and experts were conducted, and the method of analysing the content of text sources was used.

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THE ROLE OF LEGAL EDUCATION IN FIGHTING CORRUPTION

Author(s): Brîndușa Gorea,Oana-Voica Nagy,Ioana Toncean-Luieran / Language(s): Romanian Issue: 36/2024

Integrity is synonymous with honesty, fairness, incorruptibility, virtuousness. Such values are naturally at the basis of any democratic-type legal system, but legislation alone cannot guarantee their real existence in social life. It is necessary for the vast majority of the social body to assume them as intimate values, to perceive their violation as real "personal offenses". It takes more than fear of punishment to prevent and combat a social phenomenon such as corruption. The solution, in our opinion, lies not only in Law, but also in Axiological Education.

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THE CIVIL LIABILITY INSURANCE-THE MALPRAXIS INSURANCE

Author(s): George Coca,Andreea-Laura Arnăutu / Language(s): Romanian Issue: 36/2024

Liability in medicine has existed since ancient times, being contemporary to the profession and corresponding to the social system of each historical period. The term ,,malpractice" has its origin in Latin and Greek, being formed by combining two notions, ,,malus" which according to the Latin language means ,,bad" and ,,praxis", which in Greek means ,,practice" . Thus, the resulting term, ,,malpractice" means ,,bad practice" and ,,medical malpractice" means a ,,medical malpractice".

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"HEINOUS CRIMES WHOSE RECORD WOULD RUN TO MORE THAN 2,000 PAGES": AN ANALYSIS OF FIVE JAPANESE PERPETRATORS' STATEMENTS ON JAPAN'S CRIMES AGAINST HUMANITY IN CHINA DURING THE SECOND WORLD WAR

Author(s): Kyu-hyun Jo / Language(s): English Issue: 1-2/2023

Using five testimonies from Japanese war criminals tried at the Shanghai Military Tribunal, I argue that the testimonies commonly reflect three facts. First, Japanese war crimes in China during World War II can be classified into four types: murder, rape, destruction of private property, and "academic espionage"— reporting on China's political and socio-economic conditions to assist and facilitate Japan's invasion of China. Second, although the perpetrators did confess their crimes, their apologies could not be judged as entirely sincere, for some used the Japanese Emperor or the imperial system as a scapegoat and an excuse for committing the crimes. Finally, the variety of crimes which the Japanese witnesses admitted and their use of the Japanese emperor and Japanese imperialism as excuses to justify their engagement in such crimes demonstrates the necessity of further research into the extent of Japan's war crimes and a corresponding acknowledgement and an official apology from the Japanese Government.

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KRIVIČNO DELO PRINUDNOG ZAKLJUČENJA BRAKA U MEĐUNARODNOM KRIVIČNOM PRAVU

Author(s): Višnja Ranđelović / Language(s): Serbian Issue: 1/2024

During armed conflicts in some countries, it became a common practice for fighters to force women to serve as wives. Although there is usually no official conclusion of marriage, in this way a relationship is created that is in many ways similar to a conjugal relationship. In a forced marriage, “wives” were expected to maintain regular sexual relations with their “husbands”, but also to perform housework, get pregnant, take care of born children and their “husbands”. Having this practice in mind, the Prosecutor before the Special Court for Sierra Leone determined this behavior as forced marriage and qualified it as other inhuman acts within the framework of crimes against humanity. This opened the door for a lot of legal problems related to the “new” crime. Namely, the question arose as to what the criminal act of forced marriage entails, i.e. what is the actus reus of this criminal act. Then, what is the difference between forced marriage and some other acts of crimes against humanity that are similar to it, such as, for example, sexual slavery. And finally, is forced marriage an act that is similar in its character to other acts of crime against humanity, so that it could be classified as other inhumane acts. The paper analyzes the etiological-phenomenological dimension of forced marriages in Cambodia, Sierra Leone and Uganda. After that, decisions of Extraordinary Chambers in the Courts of Cambodia, Special Court for Sierra Leone and permanent International Criminal Court are analyzed regarding all disputed issues related to forced marriage: the status of this act in international criminal law, the relationship with other similar international criminal offenses and the concept of forced marriage. Finally, proposals de lege ferenda are presented regarding the definition of forced marriage and its explicit prescription in international criminal law.

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