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STATISM, ETHNICITY AND POWER POLITICS AS THREATS TO THE RULE OF LAW IN AFRICA’S SOCIAL ORDER

Author(s): Philip Ogo Ujomu / Language(s): English Issue: 2/2014

There is an acute problem of the rule of law in Africa, as seen in the need for methodologically reintegrating and re-theorizing the ethical elements underlying the values of power, justice and responsibility as core democratic imperatives. Presently, there is a manifest systematic disempowerment and de-legitimisation of democracy that generates negative consequences for moral and material life. The crisis of the rule of law in democracy in African states has become life threatening due to the our multiethnic community where the shighly diverse difficulties and contradictions of societal life are usually reflected in the form of friction leading to oppression, deprivation, injustice, conflicts and insecurity. The concerns about life, values and society imply the need for a critical evaluation of Africa’s institutions for human well-being, rule-following and progress.

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Правото и Свещеното или Мярката на Справедливостта
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Правото и Свещеното или Мярката на Справедливостта

Author(s): Ivan Biliarsky / Language(s): Bulgarian Issue: 20/2014

The article studies the relation between the law and the sacred in Christian culture. Christianity, unlike Islam or Israelite religion, does not impose on the state and the society a law that derives from the Revelation. The law in Christian countries is not a direct result of God’s will; it is a human creation with all its imperfections. This affirmation does not mean, however, that Christian law is not founded on the values of faith. On the contrary, exactly faith establishes the moral basis of the legal norm, because the ultimate measure of Justice is the Word of God. These observations were provoked by the speech of Pope Benedict XVI at the Bundestag of the Federal Republic of Germany (September 22, 2011).

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Mentalitatea ca izvor de drept
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Mentalitatea ca izvor de drept

Author(s): Gheorghe Mihai / Language(s): Romanian Issue: 2/2016

Law emerged as a dimension of the normative social order at the same time as human being, at the same time as its civilization activity. In this respect, law is sine qua non component of any civilization, having specific forms of the respective times and places. The condition of mentality is reflected upon a pedagogical and teaching phenomenon established in docimology. The examiner’s mentality, of Pestalozzian origin, that he has done his job until the examination, and the tested person must do his job when taking the exam is extremely harmful for the instructive and educative process, which however, is a process.

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Development of Legal Order in the Czech Republic after 1989

Development of Legal Order in the Czech Republic after 1989

Author(s): Ilona Schelleová,Karel Schelle / Language(s): English Issue: 4/1995

The development of the legal order of the Czech Republic has come through difficult periods during which political systems and forms of state organizations had been changed many times and depended on an intensity of prevalence of the Czech state law. Naturally, it was not possible to give an account on all changes of the Czech legal order in the last two years in the article. We have not mentioned the completely new tax system, the origin of trade law as well as changes in family law. However, we have tried to draw attention to changes in decisive branches of legal order.

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Vyšší soudní úředník - jeho zákonné postavení a úloha v soudnictví

Vyšší soudní úředník - jeho zákonné postavení a úloha v soudnictví

Author(s): Antonín Draštík / Language(s): Czech Issue: 4/1995

The capacity of high clerks of court has become a new phenomenon in the Czech justice. The high clerk of court was given wide scale of competence dírectly by the law and is supposed, in particular, to administer justice in less important fields of court activity. Under the High Clerks of Court Act, his activity consists both in the issuing of decisions and in carrying out some acts of non-decisive character. The introduction of this capacity frees judges from dealing with non-substantial, less important questions in court proceedings and gives them enough space for really creative application of law in factually and legally complicated and important issues. The High Clerks of Court Act No. 189/94 Coll. forms a legislative base for the gradual forming of an efficient system of these prafessional clerks and for the accomplishment of the goal described above.

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Transitional Justice Research: An Overview of Latest Trends

Transitional Justice Research: An Overview of Latest Trends

Author(s): Lavinia Stan / Language(s): English Issue: 2/2021

Transitional justice has gained prominence during the last two decades as a field of study and practice. An increasing number of new and old democracies and post-conflict countries has adopted a wide range of programs, practices and methods designed to reckon with the legacies of recent pasts marred by gross human rights abuses. Governments, civil society organizations as well as international actors have championed transitional justice for truth, justice and reconciliation goals and in the hope that such atrocities will never re-occur. Court trials for redress, truth, history and inquiry commissions, rewriting history textbooks, lustration, screening and vetting programs, access to secret files compiled on ordinary citizens, rehabilitation of former political prisoners, reintegration of former combatants, reforms of repressive state institutions, restitution of abusively confiscated property, official apologies and condemnations, citizens’ opinion tribunals, unofficial truth projects, museums and other memorialization initiatives are among the many reckoning methods implemented in post-communist settings and beyond. This article provides an overview of the main themes debated by transitional justice scholars, internationally as well as in Romania, and discusses some of the scholarly works that have made a significant impact in the field.

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To reach sustainable justice with Millennials: example of Ukraine

To reach sustainable justice with Millennials: example of Ukraine

Author(s): Oksana Khotynska-Nor,Iryna Izarova / Language(s): English Issue: 4/2022

Sustainable development became an essential part of our world since we realized the fragility and limits of our system, dangerous of resource exhaustion, and insistently looking for the way to stabilyze our life and life of our descendents, to restrict risks of collapses. Last years’ catastrophes – the pandemic of COVID-19 and the war in Ukraine, both are still existed, show us undoubtedly that we have to be more careful using our resources and develop our relations in economics and politics. In this article authors made an attempt to reconsider the approaches to understanding judiciary in Ukraine, using the new coordinates – generation born since 1980 till 1996 so called Millennials (generation Y), dictating new requests to life, and, in our opinion, to justice and judiciary development. Analysis of the impact of Millennials (generation Y) on the development of the judicial system is a complex process for a number of reasons. First, the lack of formal information about the age of the parties makes it impossible to substantiate the conclusions with empirical data. Secondly, despite some generalized traits, the characteristics of Millennials differ depending on the region and country of origin, which determines their economic, social, political, and cultural differences A striking example of this are the ex-Soviet Union’s states. In majority of these countries, Millennials have become the first generation sufficiently aware of their rights, the legal ways to protect them and the role of the court as an effective tool for such protection. Their formation was accompanied by the changes in ideology, political regime and economic instability. In this article authors argue how Millennials change the judiciary in the ex-Soviet society, taking into account the specifics of the latter. The study suggests two interrelated aspects: the impact of Millennials on the development of the court as consumers of judicial services; the impact of Millennials, who come to work in the judicial system, as judges. The article substantiates the necessity of modernization of the courts, which is associated with the high technology of this generation and its vital need for information, as well as their consumerization aimed to create more sustainability justice and to answer the request of Millennials by changes of goals, by limits of expenses and by introducing the culture of peaceful and strong institutions in judiciary.

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Indicators for Measuring Constitutional Efficiency. An Evaluation of the Romanian Constitution after 30 Years

Indicators for Measuring Constitutional Efficiency. An Evaluation of the Romanian Constitution after 30 Years

Author(s): Lucian - Sorin Stănescu / Language(s): English Issue: 4/2022

Explainig the concept of the effectiveness of the constitution requires, first, as in a mathematical equation, the identification of the classic criteria of normative validity of a fundamental law, i.e. the supremacy of the law, the separation and balance of powers, the existence of the rule of law, the effectiveness of the guaramtees of respect for human rights, the application of specific sanctions in case of constitutional slippages. The introduction into this equation of some variables such as the optimal lifespan of a constitution, the stabilit of the fundamental law or the phenomenon of citizen participation is necessary to draw conclusions on some effects susch as its succes, legitimacy and ofelimity, as well as the happiness of its citizens. By applying this method of analysis to the Romanian Cosntitution of 1991, the study aims to verify whether it was able in its existence of three decades to ensure the achievement of its initial goals, as well as its normative and non-normative functions, which what should be reflected in its ability to regulate conflicts in the constitutional space, the force of imposing its specific norms and sanctions, to ensure the optimal and sustainable functioning of state institutuions and to create and obtain the faithful employment of its beneficiaries in respecting its supremacy, as an expression of their ideal of a politically constituted society.

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Effectiveness and legitimacy of Amicus Curiae submission before WTO judiciary organs.

Effectiveness and legitimacy of Amicus Curiae submission before WTO judiciary organs.

Author(s): Dorina Gjipali,Rezana Konomi Perolla,Ntastin Perola / Language(s): English Issue: 28/2023

‘Amicus curiae’ is a latin term that means a ‘friend of the court’. In essence, this term encapsulates “[a] person who is not a party to a lawsuit but who petitions the court or is requested by the court to file a brief in the action because that person has a strong interest in the subject matter’’. This presents a non-party with the opportunity to submit its views regarding the outcome of a particular dispute regarding a broad range of issues (e.g. the appraisal of the merits in light of contemporary developments, the submission of factual elements etc.). These submissions have been present also during the predecessor of the current institutionalized WTO, namely the GATT system, albeit never being considered by those panels. However, there was gradual a shift in the panels’ position regarding the engagement with amicus curiae submissions. In this regard, the first amicus curiae submission in the US - Gasoline case was rejected by the WTO panel of that case. It was only the US - Shrimp case that paved the way for amicus curiae to find their way into the WTO adjudicative system. This was followed by a great polarization regarding the legitimacy of engaging with submission of non-state actors in an inherently inter-governmental system. This paper, therefore, sustains that the amicus curiae submissions facilitate effectiveness if exercised within the constraints of legitimacy (as conceptualized within the ambit of the WTO), by framing the analysis through doctrinal discussions as well as empirical evidence that is derived from other research that is appropriately referenced.

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Разпит на служител под прикритие

Разпит на служител под прикритие

Author(s): Milen Milanov / Language(s): Bulgarian Issue: 33/2023

Testimony is a means of proof, through which the facts perceived by the witness, relevant to the case, can be established /art. 92 of the Criminal Procedure Code/. The circumstances to be clarified determine the subject of the witness's questioning. The interrogation of an undercover officer is a relatively new method of evidence in the Bulgarian criminal process. When conducting it, a specific organization and activity should be carried out, which includes preliminary preparation and creation of conditions before the interrogation, as well as during its conduct. Although the undercover officer is a specific institution, his testimony during the interrogation should be perceived with the evidentiary weight of the other witnesses in the trial. The specificity remains not in his procedural capacity as a witness, but in the way in which he perceived and became a witness to given events, as well as in the way of organizing and conducting the interrogation itself.

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PRIKAZ KNJIGE „TRANZICIJSKA PRAVDA” PROF. DR. SC. GORANA ŠIMIĆA

PRIKAZ KNJIGE „TRANZICIJSKA PRAVDA” PROF. DR. SC. GORANA ŠIMIĆA

Author(s): Anera Junuzović Husić / Language(s): Bosnian,Croatian,Serbian Issue: 9/2023

The International Center for Transitional Justice from New York defines transitional justice as society's response to the legacy of massive and serious human rights violations. It asks some of the most difficult questions in law, politics and the social sciences and grapples with countless dilemmas, but above all, it is about the victims. And the victims are the central theme of the new book written by prof. Goran Šimić,, in which the author embarks on a comprehensive investigation of the deep significance of transitional justice in societies emerging from conflict or undergoing turbulent political changes.

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Amenzi pentru companiile care depun cu întârziere raportările contabile semestriale sau nu le depun deloc
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Amenzi pentru companiile care depun cu întârziere raportările contabile semestriale sau nu le depun deloc

Author(s): Alina Andrei / Language(s): Romanian Issue: 4/2023

Timely filing of accounting reports is not only a responsibility but also a legal obligation for companies. Delays or omissions in submitting these types of reports to the authority can attract fines that vary from several hundred to several thousand lei, according to Romanian legislation. Beyond sanctions, failure to comply with fiscal or accounting obligations can also generate reputational risks, and sometimes it can even be privileged as an alarm signal, which draws the attention of the tax authorities to the respective companies.

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RESERVE OBLIGATION OF MAGISTRATES - INTERNAL AND INTERNATIONAL REGULATIONS

Author(s): Popescu Viorica / Language(s): English Issue: 1/2023

Modern society calls for greater transparency in the functioning of public bodies, including the judiciary. Society's expectations regarding judges and prosecutors, from the perspective of their manifestations and actions, determined the adoption of regulations that involve responsibilities and norms of conduct in relation to this evolution.In this context, one of the most important obligations of a magistrate is that of reserve, this having the role of creating a balance between the prestige and independence of the judiciary, on the one hand, and the conduct of the magistrates, on the other. Judges and prosecutors must have a behavior appropriate to the profession, in the exercise of the function and outside it, both by reference to the internal standard of the dignity of the profession, and by the external one, of public trust in the act of justice.This article aims to make a brief analysis of the content of the reserve obligation of magistrates, an obligation that expresses a practical synthesis of the general principles of the deontology of the profession (independence, impartiality, integrity) and involves moderation and restraint in professional, social and private life, through reference to the domestic and international regulations adopted in the field.

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REFLECTING THE PRINCIPLES OF JUDICIAL INDEPENDENCE AND IMPARTIALITY IN DOCTRINE AND JURISPRUDENCE

Author(s): Florina Mitrofan / Language(s): English Issue: 1/2023

The present study analyzes the concept of independence and impartiality of justice as essential principles of the judicial organization as well as the means of guaranteeing them, as reflected in the doctrine, highlighting the particularities of jurisprudence.The findings of the Constitutional Court with reference to the essential components of the principle of judicial independence are also significant, components that involve the existence of numerous aspects that will be highlighted in the following

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SIMPLIFYING CRIMINAL PROCEEDINGS: A LOCAL INTEREST OR A EUROPEAN IMPERATIVE?

Author(s): Delia Magherescu / Language(s): English Issue: 1/2023

The issue of simplifying criminal proceedings has been regulated in the Romanian legislation and is the result of several factors involved in criminal justice system. They were primarily determined by the principle of due process and its particular feature structured around the aim of solving the criminal cases in reasonable time. This paper focuses on the issues of criminal cases after a considerable period of time which has passed from the new Code of criminal procedure of Romania entered into force. The legal expectations are currently in the lawyersʼ attention in order for them to outline the main achievements gained in the field of respecting the participantsʼ rights during the special criminal procedure. The paper is based on the conceptual research combined with the jurisprudence references provided in particular criminal cases. One question is related to the issue if simplifying criminal proceedings is the result of the local interest or the European imperative. The result of the study has concluded that the criminal proceedings is more accustomed with the idea of delivering judicial decisions by using the principle of due process in a comprehensive environment, featured by the appropriate simplification of criminal proceedings.

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Sentința definitivă a Înaltei Curți de Casație și Justiție în Cauza Sorin Antohi c. CNSAS

Sentința definitivă a Înaltei Curți de Casație și Justiție în Cauza Sorin Antohi c. CNSAS

Author(s): / Language(s): Romanian Issue: 1/2024

The final judgment of the High Court of Cassation and Justice in the case Sorin Antohi v. CNSAS

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THE NEED TO INTEGRATE ETHICAL VALUES IN THE PROFESSIONAL ACTIVITY OF THE MAGISTRATE

Author(s): Florina Mitrofan / Language(s): English Issue: 2/2023

In a democratic society, it is essential that the courts, in exercising their jurisdictional powers, enjoy independence. One of the guarantees of the rule of law is the independence of judges and of the judiciary as a whole. For the proper functioning of a society governed by the rule of law, cases must be decided independently of any influence.

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IS YOUR WORK ORIGINAL?

Author(s): Andreea Elena TABACU / Language(s): English Issue: 2/2023

The idea of the originality of the work prepared in the university environment, whether by the teaching and research staff or by the student, master’s, or doctoral student, is essential for achieving the goal pursued by higher education institutions. However, the notion is not defined, and its concrete verification causes controversies. The technical means available to the universities cannot correctly rule on this condition if the result is not superimposed on human analysis.

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Proposal for Supplementing of Evidence Presentation Proceedings

Proposal for Supplementing of Evidence Presentation Proceedings

Author(s): Srđan Popović / Language(s): English Issue: 011/2007

Attorney of family Đinđić, Srđa Popović, before the Trial Chamber conducting the proceedings against defendants for assassination of Prime Minister Zoran Đinđić (12 March 2003) on 23 February 2007 submitted two important proposals: the proposal for expansion of indictment and the proposal for supplementing of evidence presentation proceedings.Nata Mesarević, the judge presiding the Trial Chamber, turned down those proposals in late March. Regardless of the foregoing, the Helsinki Charter is running them in their entirety, deeming both initiatives to be of a broader social importance for they are highly indicative of the political ambience in which the assassination had taken place.After finalization of the first-degree trial conducted by the Special Department of the Belgrade District Court, Helsinki Committee for Human Rights in Serbia, for the same reason shall run the complete documentation including documentary evidence and final ruling of the prosecutor on those proposals.

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Profil polskich posłów i siła ich mandatu w XXI w. Analiza ilościowa

Profil polskich posłów i siła ich mandatu w XXI w. Analiza ilościowa

Author(s): Arkadiusz Nyzio,Arkadiusz Lewandowski / Language(s): English,Polish Issue: 3-4/2024

The process of weakening of parliaments, and, at the same time, the stronger position of governments’ powers are key themes in the ongoing debate on the state of liberal democracy. Research on these issues tends to take a macro perspective, overlooking or underestimating the importance of the individuals at the centre of this process. This article analyses the change in the socio-political profile of Polish MPs in the 21st century. It discusses the share of women in the Sejm and the demographic variables of MPs: their age, tenure, and the education level. Moreover, electoral results were analysed, measuring the strength of the single mandate and the legitimacy of parliament as a whole.

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