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Концлагерът „Белене” и мюсюлманските общности (1964-1987)

Author(s): Zeynep Zafer / Language(s): Bulgarian Issue: 3/2023

The imprisonment of Muslims in the Belene concentration camp, subsequently called forced settlement of a new residence, as the punitive measure in a more mitigated form, was applied against opponents of assimilation policy almost until the fall of communist power in Bulgaria. The article summarizes data on Turks and Pomaks who opposed the state decisions and repression, sent to the second division of the Belene concentration camp in the first two periods (1949-1953 and 1956-1959) of its history. Then we consider in more detail the imprisonment of Pomaks in relation of the change of names in the almost unexplored by this aspect 1960s and 1970s of the concentration camp. Finally, brief parallels are drawn between the internment in these two decades, and the last, largest forced internment of Turks (1984-1987) in the concentration camp in the name change campaign of 1984-1985 and the subsequent years of repression.

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Fidelity and Integrity in the Relationship between Employee and Employer

Author(s): Dana Volosevici,Dragoş Grigorescu / Language(s): English Issue: 2/2023

The present text aims at a conceptual analysis of the legal and moral bases involved in building and understanding the employment relationship between employer and employee from the point of view of the idea of employee fidelity to the employer. That is why the text contains, on the one hand, a legal analysis of the presumptive primacy of the employer's interest in the employee in the partnership assumed by the employment contract, especially when the employee's obligation to fidelity to the employee is associated with the idea of loyalty, and on the other hand, the article goes beyond the legal framework of the employment relationship to that of the social and moral philosophy that the employee-employer relationship assumes. For example, in the core of the moral philosophy analysis is debated the theoretical basis on which a tacit assumption of the organizational values that the employee accepts by signing the employment contract can be based and by virtue of which the employer in turn can justifiably request from the employee a fidelity and loyalty beyond the explicit provisions of the employment contract. Finally, the article tries to show that an integrative concept such as integrity, borrowed as an extension from the field of business ethics (codes of ethics and professional integrity), can be a useful solution in the balanced distribution and understanding of obligations and permissions between employee and employer in the case of the unwritten moral area of the employment contract.

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Uczestnictwo stowarzyszeń zajmujących się ochroną przyrody w postępowaniach nawiązujących w świetle judykatury Sądu Konstytucyjnego Republiki Czeskiej

Author(s): Vojtěch Stejskal / Language(s): Polish Issue: 1/2024

The paper deals with development of the legal regulation of public participation, specifically of ecological associations dealing with nature and landscape protection, in proceedings in which the public interest in nature and landscape protection may be affected. Typically, this concerns the permitting of construction projects in the landscape. The article’s author shows that the originally broad concept of public participation in proceedings under Nature and Landscape Protection Act and under other laws from the environmental law system has gradually become limited by the legislators. The alleged limitation of the right of public participation was recently also addressed by the Constitutional Court of the Czech Republic. By a very close vote (8 : 7), it approved the legislation limiting public participation in administrative proceedings following proceedings under the Nature and Landscape Protection Act. In the text, the author discussed the different opinions on this ruling of the Constitutional Court of the Czech Republic. Thus, the article aims to present observations de lege lata (using the so-called follow-up proceedings as a case study) regarding access to justice in environmental matters for environmental organizations from the perspective of the Czech legal system. It can be an interesting contribution to the discussion on EU-wide challenges in this matter, inter alia, because the article provides an in-depth legal context that may be useful for comparative purposes.

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Ideas for Civil Society and Association through the Prism of Public Law

Author(s): Boyan Todorov Georgiev / Language(s): English Issue: 4s/2024

The need for association and cooperation in its primary forms is existentially determined, embedded in the human psyche and morality before it becomes a rationally realized expediency and long before it becomes a right. The right of association is a fundamental right referred to in the group of political rights and freedoms, economic rights, and personal rights. This right combines the liberal idea of individual freedom with the collectivist idea of uniting the efforts of more people to achieve certain goals; exercising the right of association is an expression of free will. The principle of solidarity is exploited by hegemonic state doctrines and governments – communitarian, totalitarian, religious-fundamentalist, nationalist, modernizations, which call for the solidarity of tolerating restrictions, the renunciation of freedom in the name of certain collective goals, as well as in the doctrines and practices of revolutionary violence. The Code of Administrative Procedure provides wide participation of organizations in the various proceedings, both before the administration and in judicial administrative cases.

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Definiowanie kultury inspirowane prawami człowieka w świetle zmagań o zachowanie języka ukraińskiego

Author(s): Piotr Krajewski,Paweł Onufrijuk / Language(s): Polish Issue: 65/2024

Artykuł porusza kwestię kultury i dziedzictwa kulturowego pośrednio i bezpośrednio nawiązujących do praw człowieka w świetle trwającej wojny w Ukrainie. Jest namiastką ukazującą znaczenie dążeń Ukraińców do zachowania własnego języka i świadomości narodowej wskazującej na wewnętrzne przekonanie istnienia odrębności kulturowej, pielęgnowanej mimo długotrwałych nacisków zewnętrznych.Celem artykułu jest poruszenie kwestii znaczenia (w odniesieniu do praw człowieka) kultury narodu, której najbardziej naturalną emanacją jest jego język; chodzi o problem, z jakim zmaga się „od zawsze”, doświadczając zewnętrznej presji imperializmu kulturowego.Wieloletnie i dramatyczne w swych konsekwencjach działania administracyjne i prawne Rosji uderzające w środowiska intelektualne i w samą kulturę, nie przyniosły spodziewanych rezultatów; nie dały ich również próby propagowania subiektywnie prezentowanych wersji wydarzeń historycznych mających usprawiedliwiać naciski i zmagania o rozszerzenie własnej sfery wpływów. W końcu, podkreśla też wagę zachowania dziedzictwa kulturowego Ukrainy, jako elementu, który, jeżeli zostanie zniszczony, nie powróci już do stanu sprzed konfliktu zbrojnego; będzie dowodem pogwałcenia praw człowieka.

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VULNERABILITY AND HUMAN RIGHTS: TACKLING SEXUAL AND GENDER-BASED VIOLENCE AGAINST MIGRANTS AND ENHANCING SUPPORT TO VICTIMS

Author(s): Ilarija Basic,Mirsad Buzar / Language(s): English Issue: 1/2024

This paper seeks to improve understanding of the risks and types of sexualand gender-based violence faced by migrants, as well as ways of providing protection and assistance within the mixed migration context in Bosnia and Herzegovina. The Center for Disease Control and Prevention states that over half of women and almost 1 in 3 men worldwide have experienced sexual violence involving physical contact during their life times. Even though the prevalence of sexual violence is high, its exact scope is unknown due to its vast underreporting. Sexual violence against people on the move is widespread. Regardless of age and gender, this population is highly vulnerable to becoming victims of sexual and gender-based violence during their journey toward the desired destination. How the proper activities aimed to prevent and treat the consequences of sexual and gender-based violence in the humanitarian context are set up in Bosnia and Herzegovina and what kind of services are provided to victims will be discussed within the paper. How important the role of humanitarian workers is, their understanding of sexual and gender-based violence, and their readiness to provide adequate care, recognize the types of sexual violence, and use all the benefits of the existing referral pathway properly will also be broadly explored.

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KRIVIČNOPRAVNE OSNOVE POLITIČKE REPRESIJE U SRBIJI 1944–1985.

Author(s): Srđan Cvetković / Language(s): Serbian Issue: 2/2024

Criminal legislation in Yugoslavia, especially its segments focused on protection of the state and social order, followed the general social development of socialist Yugoslavia. It wobbled between the need for repression and maintaining the political monopoly of the Communist Party and propaganda’s aim of presenting society as democratic. Repression intentions had to, in due course, be shaped withing the framework of the rule of law, legislation, and codes of the criminal law expertise. The basic origins of the criminal law were its instrumental consideration (especially 1944‒1951), foreign policy consideration and the level of resistance in the country. Key for understanding remains ideological-political factor and the need of ruling party for maintaining monopoly on power and ideology, resisting foreign and domestic challenges. Almost all historians of the criminal law has agreed that it followed of concept of democratic self-management socialism and, depending on the current political time, the interests of the Party, foreign and domestic factors, the concept of the rule of law was pushed aside to the smaller extent.

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Формиране, устройство и организация на бежанските поселения в законодателството на България през периода 1913–1925 година

Author(s): Ivanka Deleva / Language(s): English,Bulgarian Issue: 2/2024

The main aim of the present paper is to clarify the nature and specifics of the formation of refugee settlements in Bulgaria in the period 1913-1925, both in the form of independent settlements and as smaller settlement configurations. The study traces the development of state, normatively grounded, theoretical formulations related to the structure and organization of refugee settlements. The analysis of the available source material makes it possible to draw conclusions about the development of the government's ideas on this issue and the increase in detail in the pre-planning, over time, in relation to its resolution.

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Политически и правни измерения на Закона за македонската национална чест

Author(s): Stanislav Stanev / Language(s): English,Bulgarian Issue: 2/2024

The Macedonian National Honor Act is an extraordinary piece of legislation that operated on the territory of today‘s Republic of North Macedonia in the first half of 1945. Its anti-Bulgarian orientation often became the occasion for discussions that were more intense in the Republic of Bulgaria. For an adequate assessment of this law and the consequences of its implementation, it is necessary to make a complex analysis – of the historical context and of its legal structure.

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ROLUL OMBUDSMANULUI ÎN MONITORIZAREA DREPTURILOR OMULUI ÎN REGIUNEA TRANSNISTREANĂ A REPUBLICII MOLDOVA

Author(s): Alexandru Zubco,Svetlana Slusarenco / Language(s): Romanian Issue: 1/2024

The Ombudsman is the National Institution for the Protection of Human Rights with an extended mandate to prevent, protect and promote human rights. The Office of the Ombudsman of Moldova has been reaccredited with the “A” status, the highest status offered to national institutions for the protection of human rights, which shows the correspondence of its mandate with the Paris Principles on the functioning of the Ombudsman Institution. This international certification gives the Ombudsman of Moldova opportunities to extend its traditionally known attributions (e.g. examining complaints) to functions of mediator, monitoring and reporting on human rights, etc. The role of the Ombudsman institution in conflict areas has been less addressed in the specialized doctrine. Although it does not have access to the Transnistrian region and is not involved in the negotiation process or working groups, the Ombudsman of the Republic of Moldova closely monitors the situation regarding the respect for human rights in the region, resolves claims and mediates complex processes. An active role in this process is played by the Office's representative office in the village of Varnița, which opened in 2012. This monitoring process includes both observing the level of human rights protection by the constitutional authorities and the level of protection of individuals' rights by the de facto administration. We note that the Office of the People's Advocate of Moldova has extensive experience in the field, which can be assimilated from other similar institutions. In this paper, the authors try to describe what the role of the People's Advocatefor conflict zones would be, what this institution could achieve in the field, and what the challenges, but also the opportunities forthis title would be. The paper does not claim to be perfect, but rather a premise for further multi-aspect research.

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Przegląd naruszeń cyberbezpieczeństwa danych medycznych w polskim sektorze ochrony zdrowia w 2023 roku

Author(s): Mateusz Guziak,Kacper Ziarnik / Language(s): Polish Issue: 2/2024

Electronic Medical Records (EMR) have become the default method for collecting and storing data in the healthcare sector. However, medical data aggregated in this manner are particularly vulnerable to cyber threats, which have notably intensified in light of the war in Ukraine. This situation poses new challenges for the healthcare sector, necessitating enhanced measures to protect both EMR and the cybersecurity of the entire sector. This article reviews the literature and reports from government and international institutions covering the period from 2013 to 2023. Databases such as PubMed and Google Scholar were searched using terms related to healthcare sector cybersecurity and medical data. The materials were critically analysed. Additionally, a review of media reports describing cybersecurity breaches in the Polish healthcare system in 2023 was conducted using Google Search. The authors present that in 2023, hospital infrastructure remained susceptible to cyber threats. The healthcare sector frequently became the target of cyberattacks, with medical personnel being their primary focus. Polish medical institutions reported 405 incidents of cyber threats, with ransomware being the most common type of attack. The analysis of incidents highlighted a significant diversity of attacks. Among the most noteworthy incidents in 2023 were an attack on the server infrastructure of TW-MED Medical Center and a ransomware attack on ALAB Laboratories. The number of cybersecurity threat incidents in the healthcare sector remains high. In the face of these challenges, effective actions are necessary to ensure the safety of patient data. We emphasise the crucial role of staff education in this regard. Collaboration between medical institutions and cybersecurity experts appears essential for ensuring the effective protection of medical data in an era of increasing cyber threats.

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Perspectives on Teaching International Law and Academic Freedom in the Shadow of Primakov’s Legacy

Author(s): Vesna Poposka / Language(s): English Issue: 2/2024

In an era marked by global deceit, the teaching of international law is more crucial than ever to safeguard the world and humanity. Following the escalation of conflicts in Ukraine and the Middle East, widespread skepticism about the relevance of international law has emerged. The primary research problem addresses how geopolitical disturbances may distort students’ motivation and understanding of international law and its practical application. Geopolitical conflicts and power struggles, influenced by the legacy of Yevgeny Primakov, shape the interpretation and enforcement of international law while also threatening academic freedom. This article aims to propose a solution by advocating for a shift toward the Humboldtian educational model, utilizing a complex methodology and an interplay of variables primarily framed as socio-legal research.

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„Rasismul structural și instituțional în Europa: o analiză comparativă în 8 state membre ale Uniunii Europene. Probleme cheie și recomandăride politici (2024)”

Author(s): Adina – Maria Nikolić / Language(s): Romanian Issue: 2/2024

Racism does not always manifest in the form of overt acts such as racial violence or hate crimes, which are visible, explicit, and easily identifiable. Rather, it is deeply embedded within the very fabric of society, operating through the structures of social, economic, and political institutions. This systemic form of racism results in unequal treatment and perpetuates ongoing disadvantages. The current report examines these widespread systems of inequality, which affect both individuals and particular communities at a structural and institutional level, specifically focusing on structural and institutional racism. Its purpose is to analyze the situation in eight EU member states (Czechia, Germany, Greece, Latvia, the Netherlands, Romania, Spain, and Sweden), to present an overview of the current state of affairs, and to provide a preliminary set of recommendations for both national and European authorities.

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THE LEGAL FRAMEWORK FOR SUPPORTING WAR REFUGEES FROM UKRAINE IN POLAND

Author(s): Agata Kosieradzka-Federczyk / Language(s): English Issue: 2/2024

The outbreak of full-scale war in Ukraine resulted in the largest population migration after the Second World War. Poland, as a border country, had to respond to the challenges of the sudden influx of war refugees (around 3 million) within 2 months of the start of the war. It also must respond now, more than two and a half years after the outbreak of war, when there are more than 1 million Ukrainians on Polish territory. The article presents the legal solutions introduced in response to the war migration. They concern the following areas: simplification related to legalisation of stay, facilitation of taking up employment and access to social benefits. As there are many children among the migrants, the last area concerns access to school education for Ukrainian children.

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DIVIDED CITIES: A CASE STUDY ON RECENT EVENTS IN MITROVICA

Author(s): Eugen Străuţiu,Cristina - Alexandra Deffert / Language(s): English Issue: 2/2024

The city of Mitrovica, located in the north of Kosovo province, went through a bloody phase during the war in 1999, when almost the entire Roma population was evacuated from the town and the Serb population, originally living on the south bank of the Ibar River, was resettled on the north bank.Today, Mitrovica remains an ethnically and religiously segregated town, the object of peace-keeping missions by KFOR (Kosovo Force) and the United Nations Interim Administration Mission in Kosovo (UNMIK). Violent clashes between nationalities, or between the Serb population and the authorities, have recurred several times.The objective recapitulation of events is the first step towards a correct understanding of the phenomenon and then to sketch out scenarios of pacification and civilized coexistence of nationalities. Our research aims to provide an updated listing of the main moments in the recent history of the conflict, based on which we will contribute to a correct understanding and prioritization of the causes, detail and explain the current picture of the problem, and then sketch some scenarios for solutions. We will add a brief comparative look, with explanatory value, on other cases of divided cities, to grasp the common and different elements.To this end, we will use tools specific to history, political science, cultural studies and security studies. We will operate with document analysis, causal analysis, comparative analysis and case study, in the hope of getting as close as possible to the correct explanations and feasible solutions.

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THE ROLE OF TECHNOLOGY IN MIGRATION MANAGEMENT. BALANCING SECURITY, ETHICS, AND HUMAN RIGHTS

Author(s): Andreea Nicoleta Dragomir,Ana MORARI - BAYRAKTAR / Language(s): English Issue: 2/2024

In the context of increasing migration and refugee flows, the integration of new advanced technologies into border security and their implications for human security requires considerable adjustment. AI-driven surveillance, biometric identification, and automated controls at the border have become part of strategic security measures. While these technologies seek to create “smart borders” for effective functionality, major concerns are raised for data privacy and civil liberties, and the potential for discriminatory practices against vulnerable populations. The analysis describes ethical and humanitarian dilemmas created by the technologization of border management concerning issues for access to international protection by asylum seekers under the 1951 Refugee Convention. It does so by drawing on comparative case studies from the member states of the European Union, illustrating how different geopolitical contexts shape the deployment and regulation of those technologies. This research calls for a balanced policy approach that incorporates the notion of border security with the principles of international human rights law, thereby advancing a framework that protects the dignity and rights of all individuals.

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HUMAN SECURITY IN THE CONTEXT OF MIGRATION AND THE ROLE OF INSTITUTIONAL COOPERATION IN CRIME PREVENTION

Author(s): Iulia Bulea / Language(s): English Issue: 2/2024

Migration has become a pivotal global phenomenon, raising crucial concerns about human security and crime prevention. This article delves into the interconnectedness between human security and migration, emphasizing the importance of institutional cooperation in addressing these challenges. Human security, encompassing economic, social, political, and cultural dimensions, is a multi-faceted concept that becomes particularly relevant when discussing migration. Migrants often face vulnerabilities, such as exploitation, discrimination, and socio-economic instability, which can lead to heightened risks for both individuals and communities.A significant focus of the article is the role of institutional collaboration in enhancing human security and preventing crimes related to migration, such as human trafficking, smuggling, and organized crime. Government agencies, international organizations, and NGOs play a key role in managing these issues, ensuring that migration is handled in a way that minimizes risks while promoting safety and inclusion. Successful case studies of interagency collaboration highlight how information sharing, joint training, and coordinated intervention strategies have led to positive outcomes in safeguarding both migrants and local populations.However, the article also explores the challenges that hinder effective collaboration, such as resource constraints, conflicting interests, and coordination gaps. Restrictive migration policies can exacerbate these issues, making it more difficult for institutions to work together efficiently and placing additional strain on human security.To overcome these challenges, the article suggests strengthening institutional frameworks, fostering cross-agency communication platforms, and promoting education to raise awareness and reduce biases against migrants. A shift toward migration policies that prioritize human security is also recommended, aiming to protect both national interests and migrant rights, creating a safer, more inclusive environment for all involved

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FROM CRISIS TO COHESION. EXAMINING THREE DECADES OF ALBANIAN MIGRATION AND INTEGRATION IN ITALY

Author(s): Juliana GJINKO / Language(s): English Issue: 2/2024

The mass emigration of 1991, the mass migration following the 1997 financial crisis, and the migrant surge during the Kosovo conflict in 1999 were the three main waves of Albanian migration to Italy. In addition to the initial surprise and lack of preparation on the side of the Italian people and governmental bodies, each of these waves was marked by incredibly challenging initial conditions. The Albanian immigrants’ integration process is today viewed as a largely successful narrative. What were the primary causes of the comparatively quick integration following such a dramatic beginning? Young age, medium educational attainment, big family size, lack of religious affiliation, and comparatively high level of familiarity with Italian language and popular culture are characteristics that identify Albanian immigrants. Also, the Italian government has taken significant steps towards integration, including legalizing undocumented immigrants and reaching agreements with their Albanian counterparts on the repatriation of Albanian individuals convicted of crimes. The primary issues and patterns that have surfaced during three decades of migrant flows are examined in this article. Particularly, it emphasizes integration into the workforce and culture, and how the media depicts and influences the relationship between migrants and the host country. Integration data have been examined in the context of Italian political and social dynamics. A few integration factors have also been studied, with a focus on the demographics of migrants and refugees during the main migratory waves. It may be possible to determine the least stressful and most successful cohabitation techniques throughout Europe's difficult and ongoing migrant waves by looking at these integrating components.

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DIGITALIZATION IN AFRICA: BETWEEN PROMOTING CIVIL RIGHTS AND STATE CENSORSHIP

Author(s): Akinyetun Tope / Language(s): English Issue: 2/2024

The spread of digital technologies in Africa has reshaped civic engagement, enabling citizens to mobilize and hold authorities accountable through online platforms. Social media platforms have become avenues for voter education and sensitization, political participation, and communication, as attested to by the recent spate of technology-based social movements. However, despite its indubitable role in promoting civil rights, digitization in Africa is caught in the web of digital authoritarianism, exemplified by state censorship. Because of its penchant for granting citizens a voice to speak to power, this empowerment has been met by significant government resistance, leading to widespread censorship and repression. This study examines the dual role of digital platforms in Africa as enablers of civic activism and instruments of state control, addressing the tension between the promotion and undermining of civil liberties through digital technology. This study was guided by Digital Citizenship and Panopticism and employs a qualitative approach by analyzing secondary data from policy reports, government briefs, journal articles, newspaper articles, and internet sources on digital platforms, state surveillance, and freedom of expression across sub-Saharan Africa. This study shows that while digital platforms have supported social movements and citizen rights, governments have responded with Internet shutdowns, surveillance technologies, and restrictive legislation to silence opposition.

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URBAN BOMBARDMENT AND HUMAN RIGHTS: A CRITICAL ANALYSIS OF LEGAL AND ETHICAL IMPLICATIONS OF USING WARFARE IN DENSELY POPULATED AREAS

Author(s): Ciprian NIȚU / Language(s): English Issue: 2/2024

The paper examines the interaction between bombing urban areas in contemporary warfare and the competing discourses on human rights, considering the perspectives of international institutions, state actors, civil society, and victims. It explores not only the international legal frameworks governing armed conflict and human rights when urban space become the target of military operations, but also the ethical and humanitarian implications of bombardments in tightly inhabited areas, drawing attention to civilian victims, infrastructure destruction, displacement, and long-term collective trauma. It further investigates the need for a change to protect civilians more effectively in urban settings. Eager to contribute to ongoing legal, ethical, and policy debates on contemporary warfare and human rights, the paper leverages different methods to address the issue. It uses case study analysis, looking at recent examples of urban bombing campaigns to understand their impact on human rights. It also uses a multi-perspectival analysis of the competing discourse on the issue examining legal documents, government statements or reports by human rights organizations. Finally, the paper uses normative argumentation to advance a more cosmopolitan view on human rights on the international agenda.

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