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At present, every fifth resident of the Federal Republic of Germany has a migration background. This state is the first immigration country in Europe and the second in the world after the United States. German policy and legislation in the field of immigration have long been an expression of a defensive attitude. Their main goal was to stop the recruitment of foreigners to work and to regulate their influx. The issue of the integration of immigrants into the host society remained outside the field of interest of decision makers. After decades of neglect in this area the first government of Chancellor Angela Merkel counted challenges related to the integration of immigrants among its priorities. Nevertheless, not until the beginning of the second decade of the twenty-first century did it start officially to talk about the lack of culture of welcome and recognition in Germany and the need for its creation. The second government of Angela Merkel took up this task. The change it proposed in attitude to foreigners, however, was a selective expression of openness in guidelines and practice and as such did not constitute a sufficient response to the challenges for the German state and its society. After the first - successful, but cautious - step towards a new paradigm of integration policy, the third government of Angela Merkel has already followed this path decidedly. The aim of the article is to discuss and assess both the change in the immigration policy of Germany, in particular in its integrationpolicy, towards a culture of welcome and recognition observed in recent years and the first regulations which reflect a new approach to th admission of immigrants in this country.
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The contents of this paper analyzes the relationship between morality, religion and commercial law through an interdisciplinary research of the issue. The approach of such a vast topic aims to provide a view that demonstrates the moral and religious foundation of commercial law.
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Freedom is inseparable from the knowledge of the laws. This is an idea that the article seeks to develop, showing the development of legal concepts during the modern era. A decisive factor for knowing and complying with legal laws is the education level within a social space. Social inequalities can be reduced only through knowledge and recognition of the rights and liberties of every social subject. Punishment balances the presence of justice in the relations between citizens. In the Romanian medieval legal language stands a proper term, that of common law. It deserves clarification in order to be distinguished from the legal norm and to trace its presence in the collective mind.
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The emergence of the international law belongs to time immemorial. It was formed and evolved within the international relationships, which it created, consolidated and developed. The international law is tightly connected to the organization of the human society, to the state formation and to the international relationships between various subjects of international law. The international law as well as law in general represents a consequence of the social needs, aiming at the regulation of some specific relationships. Besides the treaty, the custom is a main and traditional source of the international law. Obviously, it cannot be ignored the important contribution of the principles of law in the formation and consolidation of the international law. We should specify that the modern society has begun “to require” the law codification in general, therefore also the codification of the international law, requirement that is based on the accuracy of the written form of law. On this background, the role and the importance of the custom in the system of the sources of law has started to decrease.
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DCFR –Draft Common Frame of Referencesis the most ambitious attempt to create a model of common legislation at European level in the field of private law, being called the European model of a Civil Code. Although itsscope and applicabilityare not yet clearly defined and there is also plenty of criticismregarding its purpose within academia, DCFR is a work of undeniable legal value in that it succeedsin gathering rules and regulations from most European countries into one legislative work. At European and even international level, DCFR has been extensively analysed in the literature, but internally DCFR is less known. This paper aims to be a short presentation of the DCFR based on its purpose and content, structure and basic principles as presented even by the authors in the introduction to this paper.
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The proposals of the Commission to review the Constitution of Romania were subject to the analysis of experts from the European Commission for Democracy through Law (the Venice Commission), who expressed their opinion in a report adopted at the 98th plenary session of the European body. The article analyzes the recommendations of the Venice Commission regarding the proposed changes to the constitutional norms governing local public administration, comprising some general aspects concerning the role and importance of this advisory body of the Council of Europe.
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The United Nations (UN) and European Union (EU) have as the common aim, the international peace restoration/maintaining, they could act together or separately, and sometimes complementary, for achieving this goal. Therefore, Security Council (SC) sanctions could be applied separately by EU Member States or solely by the EU, or concomitantly by the EU and its Member States.
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In order to individualize the personality of an individual in relation to another individual, the name of the physical person (surname and forename) must be used. The name is a component part of the usage ability as well as a non-patrimonial, civil, subjective right, presenting their characteristics. The name is a complex notion whose birth, historically speaking, represents primarily the result of a long usage, as any element related to language. The name becomes a legal concept, its structure and rules of assigning are the subject of the regulations, and not the name itself. The name is attached to privacy, as demonstrated in the first place by being a means of individualization of a person. The social, individual and family interest are all joined by name. Each of these interests are legitimate and an excess of one of them threatens the existence of the others. Humans can not be outside the legal life at no time.
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The Scandinavian country comes under fire for plans to build a new fence to deter migrants on a border crossing with Russia.
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Set in the Cold War era, the movie features a team of mutant heroes from different Soviet republics fighting against a nasty villain.
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Search for elusive WWII-era train supposedly filled with Nazi loot continues in Poland, despite a lack of evidence confirming its existence.
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Any scientific intercession that has as objective, the understanding of the significances of the “principle of law” needs to have an interdisciplinary character, the basis for the approach being the philosophy of the law. In this study we fulfill such an analysis with the purpose to underline the multiple theoretical significances due to this concept, but also the relationship between the juridical principles and norms, respectively the normative value of the principle of the law. Thus are being materialized extensive references to the philosophical and juridical doctrine in the matter. This study is a pleading to refer to the principles, in the work for the law’s creation and applying. Starting with the difference between “given” and ‘constructed” we propose the distinction between the “metaphysical principles” outside the law, which by their contents have philosophical significances, and the “constructed principles” elaborated inside the law. We emphasize the obligation of the law maker, but also of the expert to refer to the principles in the work of legislation, interpretation and applying of the law. Arguments are brought for the updating, in certain limits, the justice – naturalistic concepts in the law.
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Theory and judicial practice represent unlimited source for the different situations that may arise in the course of the insolvency procedure.Problems have occurred in court practice in connection with the competition between several guaranteed creditors, which have entered mortgage on the same immovable property, as a general rule one of whom shall be also the budgetary creditor.It is clear that only if the budgetary creditor shall be entitled to one of the securities referred to in the Tax Procedures Code then we will be able to cover the existence of a budgetary receivable guaranteed in insolvency proceedings.
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In order to protect against potential abuses the person receiving medical services, often characterized by indifference, negligence and incompetence, it was necessary to implement more restrictive provisions regarding the liability of the doctor. Therefore, the control and supervision of medical profession - as a liberal profession, implies prosecuting the violations of the rules of professional ethics, medical ethics and the rules of good professional practice which mainly attract special law enforcement.That is why it must be given to the victim the opportunity to repair any harmful result, likely to affect the subjective rights or its legitimate interests.
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With the entry into force of the Lisbon Treaty the EU has acquired new competences in the area of international investment. As the world’s biggest investor and recipient of foreign direct investment, the EU’s investment policy will have considerable impact on the future shape of international investment law. This article analyses the expected content of EU investment agreements including the scope of application, substantive standards, and dispute settlement by scrutinizing available EU documents and existing scholarship. As a special point of reference, the recently concluded investment chapter of the EU-Canada Comprehensive Economic and Trade Agreement (CETA) is considered for possible wording and structure of future EU investment agreements.
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This paper addresses the issue of the appointment of members for the European executive, as a result ofchanges imposed by the Treaty of Lisbon. It envisages the double approval of the Commission by the EuropeanParliament, under Article 17 of the Treaty on the European Union: the European Parliament initially elects thecandidate nominated by the European Council for Presidency of the Commission; secondly, the Parliament approvesthe Commission as a whole. The procedure for electing the President of the European Commission is presented indetail in Article 117 of the Rules of Procedure of the European Parliament, while the procedure to approve theCommissioners by the European Parliament is extensively regulated by Annex XVI of the Rules of Procedure, inaccordance with Article 17 of the Treaty on European Union.
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Twórczość edukacyjna nauczyciela należy do podstawowych kategorii badawczych we współ- czesnej pedeutologii. Zagadnienie to analizowane jest w powiązaniu z aktywnością dydaktyczną i wychowawczą w szkole. Wśród różnych powinności współczesnego nauczyciela wymienia się twórczość w myśleniu i działaniu. Powinność ta odnosi się również do nauczyciela wychowania do życia w rodzinie. Jej realizacja wymaga innowacyjności oraz umiejętności wielostronnego sty- mulowania uczniów do aktywnego udziału w procesie nauczania i wychowania w polskiej szkole. Twórczość edukacyjna nauczyciela wychowania do życia w rodzinie wymaga bowiem umiejętno- ści przekraczania zastanych reguł postępowania dydaktycznego i wychowawczego oraz tworzenia - na bazie dotychczasowej wiedzy i doświadczenia - nowych rozwiązań edukacyjnych. Istotna jest też zdolność do osobistego namysłu (refleksyjności przed, nad i w trakcie działania) oraz umiejęt- ność podejmowania decyzji, samodzielnego rozstrzygania problemów praktycznych, modyfikowa- nia własnych sposobów aktywności zawodowej i działania naznaczonego oryginalnością. Wyżej wymienione właściwości znajdują wyraz w aktywności zawodowej nauczyciela wycho- wania do życia w rodzinie, ukonkretnionej w przekazie wiedzy na temat wielorakich aspektów małżeństwa i rodziny, ludzkiej seksualności, kontaktów interpersonalnych i rozwoju osobowego oraz współczesnych zagrożeń w zakresie życia indywidualnego i społecznego. Nauczyciel wycho- wania do życia w rodzinie ma wspomagać uczniów w kształtowaniu postaw społecznych i moral- nych. Skuteczność jego działalności edukacyjnej jest warunkowana m.in. osobowością nauczyciela wychowania do życia w rodzinie (w tym postawami, wartościami, światopoglądem), samodzielno- ścią w myśleniu i działaniu oraz troską o integralny rozwój uczniów. Za priorytetowe uznaje się też podmiotowe traktowanie wychowanków, tworzenie atmosfery zaufania i dialogu, stymulowa- nie uczestników zajęć do samodzielności w rozwiązywaniu problemów oraz rozwijanie umiejętno- ści wartościowania w zakresie życia indywidualnego, rodzinnego i społecznego.
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The analysis of today’s scientific writings on prisons shows that art may turn out to be an invaluable treatment tool. Art therapy opens the way for creativity, cognition, artistic self-expression and is a means to tell about experiences which cannot be couched in words. Art therapy is based on the creative process as a healing factor. Positive effects of art therapy can be split into four categories: therapeutic, educational, social (understood in terms of the quality of prison relations) and those related to personal development. The paper intends to discuss the use of art therapy programs in correctional treatment. It outlines the legal and pedagogical aspects of such treatment, suggests the possible role of art therapy in the endeavor, and discusses theoretical and empirical premises for its application. In addition, it reflects on art therapy programs already implemented within the framework of correctional treatment. This is another voice in the debate on possible future directions to be taken by today’s correctional treatment.
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In the eighteenth and nineteenth centuries collectibles and collecting spread within Europe, and bibliophilia was quite common. At the end of the eighteenth century, and following the plundering of the Republic by foreign invaders, citizens began to strive for independence and many patriots worked to save the achievements of Polish culture. They created collections that became the treasuries of Polish culture. The collections were aimed at saving valuable items before their dispersal or destruction, including Polish literature e.g. documents, letters, diaries, and any records of scientific achievements. The collections also gave rise to numerous initiatives aimed at educating the Polish nation and fighting against national destruction. Throughout the nineteenth century until the First World War, libraries were created as institutions that were available not only to researchers, but gradually also to representatives of all social classes. It was a process that reflected, as in a mirror, the wider social changes taking place in Polish lands. Initially the founders of scientific libraries with a focus on the humanities came from the aristocracy and gentry, but from the mid-century, their ranks were joined by an increasing number of collectors from other professions, such as lawyers, politics, priests, teachers, and people of culture and art.
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