Прокурорът като заинтересовано лице при оспорването на административните актове по административен ред

Author(s): Irina Paleva / Language(s): Bulgarian Issue: XIV/2016

This report examines some theoretical issues related to participation of the prosecutor in contesting of individual and general administrative acts under Chapter Six of the Administrative Procedure Code. The main issues considered here are what can do the prosecutor’s, when there is a prosecutor interest from contesting and not least how he participates as party.

Rušení právních předpisů jako (staro)nový prvek ve správním soudnictví

Author(s): Jiří Plachý / Language(s): Czech Issue: 2/2017

The present contribution refers to the article no. 87 of the Constitution of the Czech Republic which governs the possibility to delegate jurisdiction to annul legal enactments other than statutes or individual provisions thereof if they are inconsistent with a statute to the Supreme Administrative Court instead of the Constitutional Court. On the one hand, the change of this competence can complete the assumption of a fully independent administrative justice with the nature and functions of complex control of public administration. On the other hand, it faces problems in the way of setting the mechanism of review of the legality and the constitutionality by of both judicial institutions. The aim is to discuss about the implications that such a change would bring. This paper focuses on conflicts of competence between courts in reviewing of the legality by the Supreme Administrative Court and in reviewing the constitutionality by the Constitutional Court in relation to the same legal regulation.

Typy diskurzu v rozhodování Ústavního soudu o „reformních“ zákonech v kontextu judicializace politiky

Author(s): Jan Géryk / Language(s): Czech Issue: 3/2016

The article focuses on discourses that the Constitutional Court uses in the rulings on the laws that the government calls “reform”. It examines this question in the case of the Constitutional Court’s decisions that dealt with the reforms of the centre-right cabinets between the years 2007 and 2013, specifically those concerned with social rights. Since this issue is to a substantial extent political, the article uses the concept of judicialization of politics while studying the rulings. The first half of the article looks at the phenomenon of judicialization of politics from both theoretical and more particular and historical point of view. The second half analyses how the Constitutional Court works with the concept of reform or reform law, and then outlines three possible approaches of the Constitutional Court to issues that are described by the government as important reformist projects. These approaches were called “democratization”, expertization, and judicialization; and the preference of one of them can show us a possible shift towards more procedural, or the other way around substantive, conception of democracy.

Formation and Development of State Migration Policy

Author(s): Murat JUSSUPOV,Altai Bozhkarauly,Dinara RUSTEMBEKOVA / Language(s): English Issue: 35/2018

The article discusses the main national documents in the field of state regulation of migration processes in the Republic of Kazakhstan. A number of regulatory legal acts on the regulation of migration processes were studied, such as: the Law of the Republic of Kazakhstan ‘On Migration of the Population’, the Concept of the Migration Policy of the Republic of Kazakhstan.

Evropeizace českých zákonů 1998-2013: Empirické údaje o míře vlivu práva EU a dopadech na legislativní proces

Author(s): Robert Zbíral / Language(s): Czech Issue: 3/2015

Europeanisation affects almost all aspects of social relations in the EU Member States and law is no exception. Yet we still know quite little about the overall extent of EU influence on Czech legal order, also because the research concentrates on more particular issues. This article presents results of a long-term empirical research that collected data on EU impulses on all bills submitted to the Chamber of Deputies between 1998 and 2013. After discussing methodology and data sources, the overall impact of EU law on Czech bills is determined through various innovative methods. Across them, it was found out that the influence is relatively stable after the accession, but varies profoundly between different thematic fields. The second part of the article explores the divergences between bills based on their level of Europeanization, namely in selected features of the legislative process and content of the proposal. A central hypothesis predicting lower involvement of Members of Parliaments in the case of Europeanized proposals is tested. The quantitative analysis offers inconclusive results, in some variables the differences are clearly visible (success rate of EU affected bills, length of plenary discussions), in others there is almost no variance (duration of the legislative process, voting results).

Ekonomická efektivnost ve dvou vybraných rozhodnutích českých soudů

Author(s): Jan Broulík,Hana Marie Smrčková / Language(s): Czech Issue: 3/2015

The article deals with economic efficiency in court decisions. Two decisions of Czech courts are subjected to analysis. In analysing a decision of the Czech Constitutional Court, the theoretical framework distinguishing between the property rule and the liability rule created by Calabresi and Melamed is applied. The court decision awarding high monetary satisfaction to a person whose right to privacy was infringed by a news publisher publishing her private information is in accordance with the economic recommendation that, under low transaction costs, to achieve efficiency, the property rule should be used. In analysis of the decision of the Czech Supreme Administrative Court, the focus is on the explicit use of economic concepts by the court. Within the assessment of existence of an extraordinary situation on the Prague taxi market, the court asserts that information asymmetry exists on the market leading to an impaired “self-clearing capacity” of the market. Nevertheless, a closer view provided in this article, taking into account the concept of price discrimination, shows that the self-clearing capacity of the market is not impaired, i.e. that the market is not inefficient. The problem addressed in the decision is rather the extraction of the consumer surplus by taxi operators.

Výhody a nevýhody laické participace v soudnictví

Author(s): Milan Boháček / Language(s): Czech Issue: 2/2014

Lay participation in judicial decision-making is still a topical issue in the Czech Republic, especially due to the recent effort of the Ministry of Justice to limit the scope of participation of lay judges in court proceedings. Therefore, the author analyzes this topic in terms of reasons for the existence of lay participation in the current legislation. In addition, he defines methodology enabling him to separate the essential or primary reasons for the existence of lay participation in judicial decision-making, which themselves are capable of making the legislature introduce lay participation in the legal system, from its advantages and disadvantages. These advantages and disadvantages of lay participation are considered secondary arguments, generated by the implementation of the primary reasons, and as such they are unable to influence the decisions on codification and repeal of the institutes of lay participation. The classification, which is exemplified by jurors and justices of the peace in common law countries and lay judges in the context of the Czech Republic, is further complemented with possible reasons against the introduction of the institutes of lay participation in a legal system. Hence, in order to decide on the future form of the Czech institute of lay judges, it is particularly necessary to take into account the reasons for its existence and to start a thorough nationwide debate, the output of which should be a properly-articulated standpoint allowing for all the aspects of the discussed topic, if possible.

Práva a povinnosti advokáta k mandantovi v právní úpravě Spolkové republiky Německo

Author(s): Lenka Řehulová / Language(s): Czech Issue: 2/2013

The paper is devoted to the issue of the legal and moral obligations of an attorney with respect to a mandant, which form the fundamental basis for legal profession, in the legislation of the Federal Republic of Germany. These rules of professional conduct are analysed in the terms of the two fundamental codes – Federal Lawyer´s order – Bundesrechtsanwaltsordnung (BRAO) and Rules of professional conduct for attorneys – Berufsordnung für Rechtsanwälte (BORA). I have particularly focused on the general professional duties of an attorney, the duty of independence and dispassionateness, the duty of non-representing the contradictory interests, the duty to be insured, the question of responsibility to a client for any damage, the right and duty to refuse to provide legal services and the duty of information. A great emphasis is placed on the elementary duty of confidentiality (non-diclosure), the duty of further education (as an inspirational aspect for the Czech legal regulation), the issue of attorney´s fee and the duties during the attorney´s custody of his client ´s money, securities or other assets. The paper is written in the form of an overview essay used the Anglo- Saxon style which gives main emphasis on the nonambiguity and clarity of statements.

The Relevance of Law: Some Determinants of Identifying

Author(s): Nataliya M. Onishchenko,Svitlana V. Bobrovnyk / Language(s): English Issue: 39/2019

The relevance of the research is due to the fact that the topic of the importance of law as a regulator of social relations is one of the most interesting and little-studied topics of general application of law. In this context, the article is dedicated to the determinants of the relevance of law as a regulator of social relations. Among such determinants there is temporal component, awareness of law, emotional perception of law and so on. As well as the consideration of certain factors that affect the effectiveness of regulatory and security functions of law. The materials of the research have practical significance for university professors of law specialties.

K postupu reformy veřejné správy v České republice

Author(s): Soňa Skulová / Language(s): Czech Issue: 2/2000

This article is concerned with the public adminis­tration reform in the Czech Republic. It is concerned with the motives for and the beginning of the reforma­tory process that started at the beginning of the 90's; it is also concerned with its unsystematic and not ve­ry intensive progress. A systematic reforming on the basis of the conception of a public administration re­form which was approved of by the Government has been going on for nearly two years and has already resulted in first passed laws and acts concerning terri­torial administration reform. This reform will be dealt with in the necessary contexts mentioned in this ar­ticle. Public administration reform must, however, be conceived of in a broader context, it must also be considered a change within the very concept and content of public administration activities, a change towards a democratic and open public administration realized in the conditions of a legal state.

K úvahám nad záměry reformy správního soudnictví

Author(s): Michal Mazanec / Language(s): Czech Issue: 2/2000

V souvislosti s pracemi na soudní reformě se znovu otevřela diskuse nad otázkami správního soudnictví. Legislativní rada vlády projednala v březnu a květnu 2000 dva zásadní materiály na zasedáních, které byly vyhrazeny jen této problematice a nyní již Minis­terstvo spravedlnosti zpracovalo variantní představu o tom, jak správní soudnictví dobudovat, resp. vybu­dovat.Není proto od věci zainteresovat i širší odbornou veřejnost na tom, aby svými názory přispěla k další diskusi. Posláním tohoto příspěvku je proto zprostředkovat čtenářům některé myšlenky z podkladů projed­naných Legislativní radou a pokusit se usměrnit po­zornost na otázky, které se zdají klíčové.

Rozšíření EU ve světle transformace a reforem

Author(s): Tomáš Doležil / Language(s): Czech Issue: 4/1998

ln this article, the author describes the relation between the transformation of the post-communist states, which have been trying to enter the European Union, and an urgent reform of the institutions within the EU. In considering an accession to the EU he writes about the certain point of time that is believed to be the most advantageous for both sides.

Vliv judikatury Evropského soudu pro lidská práva na systém vojenského soudnictví Spojeného království Velké Británie a Severního Irska

Author(s): Ondřej Stypa / Language(s): Czech Issue: 3/2021

The article discusses the influence of the European Court of Human Rights on the UK military justice and its development. It describes the historical and current system of military justice in Great Britain. It compares both systems and investigates how do they differ from each other. It then examines whether the European Court of Human Rights can be considered to be the initiator of the identified changes. The article analyses for this purpose the relevant case law of the ECtHR, but also addresses other possible reasons for these changes.

Ljudski potencijali za ostvarivanje restorativne pravde na Balkanu

Author(s): Nebojša Petrović / Language(s): Serbian Issue: 3/2009

Uloga Evropske unije u unapređenju tranzicione pravde u regionu i napredak konsultacionog procesa za osnivanje REKOM

Author(s): Tea Gorjanc Prelević / Language(s): Serbian Issue: 3/2009

NON-PECUNIARY DAMAGE DONE THROUGH SOCIAL NETWORKS AND LOCAL JURISDICTION OF THE COURT

Author(s): Aleksandra Nikolova Marković / Language(s): English Issue: 33/2021

In this paper, analysis of the challenges of non-pecuniary damage done through social media networks and local jurisdiction of the court is performed, while using the method of analysis, the historical method and the inductive-deductive method. The appearance of social media and other internet platforms has significant importance for exchanging data and connecting people, but also the development of the information technology have caused many problems. The goal of many social networks is to share information between the users and to expand the number of users who have received that information. Unfortunatly, that sharing of information occurs without checking the truth of that information. The existence of social networks make it very easier to become a target of defamation, but filing a libel lawsuit and demanding a non-pecuniary damage might still be a challenge. Main challenges are identifying the person that made defamatory statement, defining the way to compensate caused non-pecuniary damage and determination of the local jurisdiction of the court.

U dobrim odnosima: pojašnjavanje tranzicijske pravde

Author(s): Mirza Buljubašić / Language(s): Bosnian Issue: 2/2021

There is no universal definition of transitional justice. Differences among scholars and practitioners in defining transitional justice can be divided to explanations of transitions from: dictatorship to democracy, and/or war to peace, and/or structural violence and inequality to equal and non-violent social structures. These differences are part of dissimilar understandings of the genesis and development of transitional justice. Aim of this paper is to describe the emergence and development of transitional justice, as concept, scientific discipline and praxis. The paper argues that transitional justice as a concept originated in the 1980s, after which it was gradually established as an independent scientific discipline, while its practical purpose was achieved only after the Second World War; although the embryos of transitional justice could be traced much earlier.

ЕФИКАСНОСТ САНКЦИЈА УЈЕДИЊЕНИХ НАЦИЈА ПРОТИВ ЈУГОСЛАВИЈЕ - теоријске претпоставке и стварност

Author(s): Vojin Dimitrijević,Jelena Pejić / Language(s): Serbian Issue: 5/1993

The sanctions of the Security Council of the United Nations, imposed against the Federal Republic of Yugoslavia by the Resolution 757 had a two-fold aim. The immediate one was to influence Yugoslavia, namely Serbia, to change the policy regarding the war in Bosnia and Herzegovina. The indirect aim was to cause leadership and program changes of the regime in power in the larger of the two federal units of the newly-created state. None of these aims was realized during the initial six months of applying the sanctions. The effect of collective measures of international community in the period mentioned above has been primarily of a political nature, and symbolic, while economic consequences, although serious, were not expressed in full measure. The example of Yugoslavia does not fit into former results of theory of political effects of sanctions - in spite of expectations, during the first six-month period there were a series of actions against the policy of the authorities, which were accused to be a principal culprit for international isolation of the country. Official Serbia, however, followed the theoretically established model of conduct, calling, through state-controlled media, for national solidarity because of the alleged world conspiracy against people and not against regime. The results of December 1992 elections have confirmed the new distribution of forces in the political scene caused in great part by the sanctions, too. Support of the regime declined, while the number of those supporting opposition increased, but at the same time there was a growth of extremely nationalistic groups, which suggested that the mechanism of "gathering around the flag" began to manifest itself. Economic consequences, which are only a means to realize the political aim, are undoubtedly serious, although their full effect is hard to evaluate due to short time but also the state of Yugoslav economy before the sanctions were introduced. It is characteristic that the authorities have tried to undermine publicly the potential damage to the economy, while independent economists have warned that it would be very serious and of a long-term character. The official policy during the sanctions was not primarily aimed at the attenuation of their effect through adequate economic measures, but rather at maintaining, namely buying of the social peace.

Социални услуги – понятие и основна правна характеристика

Author(s): Nina Gevrenova / Language(s): Bulgarian Issue: 1/2014

Digital currency in China: pilot implementations, legal challenges and prospects

Author(s): Banggui Jin,Chaowei Xu / Language(s): English Issue: 2/2022

Digital currency is supported by blockchain as the underlying technology, and possesses the characteristics of decentralization, programmability, and security verification based on cryptographic principles. In fact, it can be divided into legal digital currency and non-legal digital currency depending to whether the digital currency is issued by the competent authority. China’s legal digital currency (DC/EP) has implemented early and already has a certain scale of development. This article examines the legal issues that arise from the implementation of a legal digital currency in China, issues that Chinese lawmakers inevitably face. These legal issues may arise at both domestic and international levels, such as personal privacy protection, currency sovereignty conflicts, potential cross-border crimes risks. This article emphasizes that on the one hand, the development of legal digital currency must be carried out within a reasonable legal framework to avoid new systemic risks caused by the development of technology. On the other hand, it is also necessary for China to put in place as soon as possible an appropriate legal framework, explore the international cooperation of diversified supervision as well to ensure the healthy development of legal digital currency.