"COFOLA INTERNATIONAL 2016. Resolution of International Disputes Public Law in the Context of Immigration Crisis

Author(s): Klára Drličková,Anita Garnuszek,Slavomir Halla,Miloslav Kabrhel,Silvie Mahdalová,Ľubica Martináková,Aleksandra Orzeł,Mária Pastorková,Kateřina Remsová,Iva Šimková,Lucie Zavadilová,Ivan Cisár,Tomáš Kozárek,Ivan Puškár,Martin Švec,Pavel Loutocký,Dóra Bogárdi,Gergő Kocsis,Soňa Ondrášiková,Eszter Lilla Seres / Language(s): English / Publication Year: 2016

The conference “COFOLA = Conference for Young Lawyers” is annualy organized by the Masaryk University, Faculty of Law from 2007. The main aim of this conference is to give floor to the doctoral students and young scientists at their early stage of career and enable them to present the results of their scientific activities. Since 2013 COFOLA has been enriched by special part called “COFOLA INTERNATIONAL”. COFOLA INTERNATIONAL focuses primarily on issues of international law and the regulation of cross-border relations and is also oriented to doctoral students and young scientists from foreign countries.

"Przestępstwa bez ofiar" w świetle polskiej Konstytucji oraz orzecznictwa Trybunału Konstytucyjnego

Author(s): Michał Szymański / Language(s): Polish / Issue: 1/2018

The term “victimless crimes” is one of the leading concepts of American criminology, also used by libertarian circles. It assumes that acts that do not cause harm to the other person (or are made with his consent) should be legal. This theory has also found a resonance in American constitutionalism, whereas in Polish science of constitutional law this concept is virtually unknown. The case law of the Constitutional Tribunal is also more conservative and paternalistic than libertarian. The Tribunal did not consider unconstitutional provisions to drive a car with fastened seatbelts. Possession of marijuana for own use also, in the Court’s opinion, may also be prohibited by Polish law and the justifi cation used typical conservative arguments. The Polish Constitution also protects public morality, which is in direct contradiction to libertarianism. The author of the concept, Edwin Schur, also considered abortion as “victimless crime”. The Constitutional Tribunal has an extremely diff erent position, recognizing the need to protect unborn life. The axiology of the Polish Constitution is closer to the same spirit of Christian democracy than to extreme liberalism.

(Ne)zakonitost imenovanja upravnih odbora javnih ustanova u Tuzlanskom kantonu

Author(s): Ervin Mujkić / Language(s): Bosnian,Croatian,Serbian / Issue: 12/2013

Imenovanje i razrješenje članova upravnih odbora javnih ustanova u Federaciji BiH regulisano je zakonskim i podzakonskim propisima na entitetskom, kantonalnom i općinskom nivou. Odredbama Zakona o ministarskim, vladinim i drugim imenovanjima Federacije Bosne i Hercegovine, koji se primjenjuje na svim nivoima vlasti u F BiH, uključujući kantone, općine i gradove, utvrđen je otvoreni postupak izbora kojim se vrši konačno imenovanje i ponovno imenovanje na pozicije u reguliranim organima.

(Ne)zaštićenost trećih osoba ugovorima o osiguranju od autoodgovornosti u Bosni i Hercegovini

Author(s): Alma Smailhodžić / Language(s): Bosnian / Issue: 20/2017

Under the Motor Vehicle Damage Liability Insurance Contract, a legal relationship is established between the insurer and the insured. However, if in the traffic accident the damage is caused to a third person, that person is entitled to compensation directly to the insurer of the motor vehicle liability insurance contract between the insurer and the owner of the vehicle engine, but not according to the basis of this contract, but according to the basis of the law itself. For this this kind of insurance we call extracontractual or legal insurance. The circle of third persons, the people who have the right to compensation by motor vehicle use in the movement, does not have the same magnitude in all countries. There are many factors that influence the width of the circle of third persons (the level of economic and civilizational development, the material possibility of certain countries, etc.). The development of insurance law up to now shows the trend of expanding the protection of the damaged, as well as an ever smaller number of people and victims of traffic accidents who are left out of the law for compensation.

(Prawie) każda władza jest władzą pańską

Author(s): Andrzej Kojder / Language(s): Polish / Issue: 663/2016

(RE)SHAPING POLITICAL CULTURE AND PARTICIPATION THROUGH SOCIAL NETWORKS

Author(s): Marija Andreeva / Language(s): English / Issue: 02/2019

The influence of social networks is growing intensely. They do not only influence only certain aspects of our lives, but they also influence political participation and political culture. In recent years, this influence has been very notable. We have seen a change of policies as a result of pressure, a lot of significant political movements started via social networks. This paper concentrates on the influence of social networks on political participation and political culture. The paper tries to foresee the future implications and the intertwining of social networks and political culture and political participation. It also gives conclusions for the past, present and future implications and it gives a comparison between political participation before and after the rise of social networks. It also analyses the positive and negative implications that social network could have on political participation.

...AND JUSTICE FOR ALL. LEGAL INTERPRETATION ON DEMOCRATIC VALUES

Author(s): Brindusa Gorea / Language(s): English / Issue: 1/2018

The democratic ideal of justice for all is challenged in the contemporary world by the conflicting nature of the values that Law is called to defend. The accelerated rhythm of social change causes law to fall behind life, and over-regulation is not the solution to create a "living justice". It is the responsibility of judges to adapt Law to the changing needs of society, and in the continental legal tradition these judges apply the law, but do not create it. In this paper, we argue that this traditional view of the judge`s role is outdated and that we must acknowledge the increasingly interpretative role of the courts. History has proven that laws can be unjust and even criminal, but the principles and values of the Law are perennial. When law contradicts Justice, it is the judge's duty to make use of his own moral sense and interpret law extensively in accordance with the situation and the idea of Justice. Meanwhile, as a guardian of the "living justice", the judge has a huge social responsibility that goes far beyond mere legal (disciplinary, civil and criminal) liability. Consequently, it is imperative that we take additional precautionary measures in the appointment and the evaluation of judges. In our opinion, this is the kind of public matter we should debate, rather than the one regarding the magistrates' liability. After all, when we speak of liability, the malicious act has already been done. It is preferable to focus on preventing injustice and other social illnesses and to build a society that is healthy, adaptable and ready to face the challenges of the future. This is the only way to continue to aspire to the ideal of justice for all, and manage to harmonize so many contradictory democratic values, such as freedom and responsibility, unity and diversity, citizens' liberties and public security. The coexistence of values can only be the result of a continuous interpretive effort that excludes any a priori suppression of some of the values in favour of others.

110 lat polityki publicznej w Wielkiej Brytanii (1910-2010)

Author(s): Piotr Jachowicz / Language(s): English,Polish / Issue: 1/2014

The subject of this study is the evolution of British public policy between 1900 and 2010 with to the special focus on budgetary, monetary and social policy, as well as policy towards the public sector. This period was characterized by a steady, yet non-linear rise in economic and social activity of the state. Sudden increases were caused by one of three categories of events: wars, economic crises and changes at the highest levels of government. As a result, the history of British public policy in between 1900 and 2010 is divided into the following stages: 1) 1900-1931 - decline of the liberal era; 2) 1931-1951 - steady increase in the state's economic activity; 3) 1951-1979 - systemic stabilization at a high level of state involvement in economic and social issues; 4) 1997-2007 - attempt to return to economic liberalism; 5) 2007-2010 - a period of volatility and the search for new public policy principles.

1927 Nüfus Sayimina Göre Aksaray Vilayetinin Nüfus Özellikleri

Author(s): İbrahim Öztürk / Language(s): Turkish / Issue: 03/2018

In the years of establishment of the republic a population census that allows to evaluate aspects of qualifications and quantity of community living in Anatolia, detailed records and data were not available. Ensuring the foundation of the nation-state for the newly established Republic of Turkey, determining the population in Anatolia through modern methods and population census in order to use the country's economic resources efficiently was very important. Therefore, Statistics Department was established in 1926 to designate qualitative and quantitative characteristics of the population of Turkey and determine the values related to population. The first general population census was carried out on October 28, 1927, after the census law was enacted on 2 June 1926. This census population includes social and economic data such as the marital status of the population, literacy status, disabilities and economic activities and this increases the importance of the 1927 General Population Census. The fact that the first population census realized by the Republican administration was carried out in accordance with the standards of the Western countries, is also important. In this study, the issues of the population of Aksaray province according to the results of 1927 General Population Census were evaluated. In the research, it was aimed to reveal the social, cultural and economic characteristics of the province of Aksaray in 1927, such as the male-female, literate, religious structure, used native language and profession of the population. About the research topic Prime Ministry Statistics General Directorate 1927 Public Census and various analytical texts published on population were examined and the demographic characteristics of Aksaray province were tried to be detailed within the information obtained.

2016 Ve 2017 Yılındaki Düzenlemelere Göre 5746 Sayılı Kanun Kapsamındaki SGK Primi İşveren Payı Desteğinin TMS 20 Uyarınca Muhasebeleştirilmesi

Author(s): Hakan Seldüz,M. Yılmaz İçerli / Language(s): Turkish / Issue: 5/2018

Multifarious incentives are provided for R&D, innovation and design activities with “The Law about Supporting R&D and Design Activities” numbered 5746, in 2008. Some articles of Law number 5746 was changed with Law number 6676 issued in 2016. In 2017, some changes were made over the present regulatory texts of Law number 5746 and some new regulatory texts were issued. Thus, incentives are made more attractive and also their acquisition circumstances and application conditions are made easier. TMS 20 is the accounting standard applied in accounting for, and in the disclosure of government incentives. It is indicated within TMS 20 that receiving manner of the incentive would not affect its accounting method. It is stated that incentives received either in cash or as a reduction of a liability to the government would be accounted for in the same manner. One of the incentives identified in Law number 5746, is SSI premium employer’s share support. Pursuant to regarding law, half of SSI premium employer’s share that is calculated over the wages earned from related efforts of the staff -who are employed in R&D, innovation and design centers and in projects approved by organizations defined in regulations- is being paid from the related fund in Ministry of Finance’s budget, if specified requirements are met. This paper comprises recognition of SSI premium employer’s share support which is defined in Law number 5746. To demonstrate calculation -in accordance with recent regulations- and recognition steps -pursuant to TMS 20- of SSI premium employer’s share supports for staff who have different qualifications, is set as objective of the study. A literature review is made over the legislations whole, which includes laws, by-laws and general communiques, and the related academic studies. SSI premium employer’s share support is explained in details after incentive elements defined within Law number 5746 are briefly summarized. The subject is tried to be concretized by giving epitomes about calculation and book entries of this support and obtained implications are summarized in conclusion section.

25 Years After the Transformation: Law and Legal Culture in Central and Eastern Europe Between Continuity and Discontinuity”, Brno, Republika Czeska, 16-17.04.2015 r.

Author(s): Wojciech Zomerski / Language(s): Polish / Issue: 1/2016

3rd Network Conference Adaptation and Implementation of the EU -Acquis: an Exchange of Experiences

Author(s): / Language(s): English / Publication Year: 2009

5018 Sayılı Kanun Kapsamında Kamu Kurumlarında İç Kontrol Sistemi: Maliye Bakanlığı Uygulamasının İncelenmesi

Author(s): Yunus Çalışkan,Yavuz Çiftci / Language(s): Turkish / Issue: 3/2017

Aim: With the Law No 5018 (Public Financial Management and Control Law), an internal control system was established to comply with international standards and European Union norms. Within this scope, a number of legal regulations have been made based on the COSO model in order to place internal control in all public institutions and organizations.In this study, the effectiveness of the Ministry of Finance internal control system, which pioneered the implementation of the internal control system in the public sector, was investigated.Method: In the study, the applicability of the system was investigated by examining the units of the Ministry of Finance for internal control,examining the web pages of the İKEP (Internal Control Standards Compliance Action Plan), the Internal Control Circular, the Internal Control Training Book and the central and provincial units. And the problems encountered in ensuring the effectiveness of the system.Findings: The Ministry of Finance has published internal control studies on the web pages of the Ministry's affiliated units where the structures such as the İYK (Monitoring Steering Board), SGB (Strategy Development Directorate) and DIYK (Treasury Monitoring Steering Board) were established in the organization structure for the internal control system.Results: The establishment of the internal control structure and the achievement of its effectiveness have not yet been reached in the Ministry of Finance. It has been concluded that the subject is not fully owned by the staff, the internal control sense is not established and more effective measures should put into practice

A DOCTRINAL JUSTIFICATION OF THE INSTITUTION OF COMPULSORY SHARE IN MODERN LEGISLATURE

Author(s): Novak Krstić / Language(s): English / Issue: 1/2021

In terms of content, compulsory share is the most efficient and effective testation restriction. In the European Continental legal systems, this institution allows a testator’s family members to inherit a legally defined portion of the inheritance against the testator’s will. In modern legal theory and practice, the question is increasingly raised regarding the justifiability of guaranteeing the compulsory share. Views advocating a comprehensive restriction, even an outright abolition, of this institution are gaining prominence, arguing as they are for each individual to thus be able to fully exercise their property rights as they see fit. Although this has been the subject of fierce debate in legal circles recently, one must bear in mind that the compulsory share is a very important inheritance law institution with multiple functions, and that it should not be called into question in Europe. Therefore, the present author outlines the classical theories justifying the existence of the institution of compulsory share, analyses their basic tenets and ideas, and goes on to put forward his observations regarding which arguments can be used to defend regulating compulsory inheritance in modern legal systems.

A GLOBAL MODEL OF PUBLIC ADMINISTRATION AS A CONSEQUENCE OF THE MEDICAL CRISIS OF 2020? A BRIEF DISCUSSION

Author(s): Marius Văcărelu / Language(s): English / Issue: 2/2020

Administrative sciences and public law in general have experienced in recent decades several challenges of a political and economic nature that have resulted in concepts modification and transformation, forcing academics and practitioners to adapt to them. As an effect of these changes, the creation of a global model from a political and administrative perspective can be discussed from many directions, and scientists were interested on it. Any objective analysis of these decades requires the identification of the main features of such a possible model, because global crises – such as the one we are in – usually contribute to their crystallization. It is therefore necessary a discussion in this regard, in order to be closer to contemporary realities. Our text will try to underline the main lines of such discussion, being conscious that an exhaustive approach is not possible in one scientific article.

A külhoni magyarok nyelvi diszkriminációja az Unióban

Az EU közszolgálati törvényszékének ítélete a román bővítéssel összefüggésben szervezett versenyvizottságról

Author(s): Petra Lea Láncos / Language(s): Hungarian / Issue: 1/2016

The present article gives a critical account of the European General Court's judgment in the B.A. vs. Commission case. B.A., a Hungarian and Romanian dual citizen sought the annulment of the decision of European Personnel Selection Office (EPSO) which denied her the right to sit for the competition in her native language, Hungarian and refused to admit her to the oral test after she failed the test in Romanian. B.A. claimed that she had been afforded unequal treatment, since the fact that she was precluded from writing the test in Hungarian “placed her, on an objective view, at a disadvantage compared with her fellow citizens who had received their school and university education in Romanian.” The case and the arguments put forward by the parties provide a clear insight into the ambiguities surrounding the EU language regime as well as the difficulties faced by minorities whose mother tongue is both an official language of the EU and a minority language with no official recognition in the Member State in which it is spoken.

A New Order of Religious Freedom

Author(s): Richard John Neuhaus / Language(s): English / Issue: 2/2011

A perspective on conservation of underwater cultural heritage with reference to international conventions and administrative laws by the State

Author(s): Harsh Pathak / Language(s): English / Publication Year: 0

That sheer quantity of submerged human history has led monuments and wrecks to be considered in terms of “cultural heritage” rather than mere submerged objects. And it has become a subject of conservation through convention and proper legislation by the state as cultural heritage. It implies something worth preserving and warranted an active state legislative and administrative action for its conservation. This paper is based on importance of underwater cultural heritage (UCH) and UNESCO convention, as guiding principle for the state to frame appropriate legislation, regulations and administrative actions to conserve underwater cultural heritage.

A PRACTICAL EXAMINATION OF THE USE OF EVIDENCE BEFORE MAGISTRATES OF THE PRELIMINARY CHAMBER

Author(s): Lucian Chiriac / Language(s): English / Issue: 3/2018

The Romanian Constitutional Court ruled through two decisions, nr.641 of 11 November 2014 and nr.802 of 5 December 2017, accepting the hypothesis in which any means of evidence is acceptable during the phase of the preliminary chamber hearing, and, we would add, not only to verify the legality of administrating evidence during the criminal indictment. It is our opinion that the preliminary chamber must constitute a bastion of verifying the necessary evidence for establishing the truth in a trial.

A PROPOSAL CONCERNING THE ESTABLISHMENT OF AN INTERNATIONAL ENERGY LAW

Author(s): Mădălina Virginia Antonescu / Language(s): English / Issue: 1/2009

Within this article, we are trying to establish the necessary legal premises for the creation of a legal body of regulations concerning exclusively the realm of energy and the energy activities, from the perspective of the public international law. The public international law is here regarded as a general framework for the future international energy law. At present, there are some special international regulations with compulsory legal force, applicable to energy activities, especially the treaty of Energy Charter. There are also, international regulations with general incidence for the international energy law, such as the UN Charter, the Charter of the Economic Rights and Obligations of the States, the UNGA resolution no. 1803 from 1962 concerning permanent sovereignty of the state over its natural resources, the International Pacts from 1966, the 1958 Convention regarding the continental shelf, the UN Convention regarding the Sea Law, from 1982, and other international treaties, conventions or UNGA resolutions incident in this field. Therefore, it cannot be asserted that there are not legal regulations regarding international energy law. A process must be started at international legal level, in order to crystallize the specific IEL regulations, by starting with those regulations of public international law already in force. In this article, we prefer to connect fundamentally the international energy law with public international law, as a body inspiring the scholars in developing the energy regulations already in force and also, in elaborating some specific regulations regarding interstate relations as relations between sovereign entities (where states are not acting de iure gestionis, as a legal quality interesting the international commercial law and not IEL as a part of public international law). On the other hand, we cannot conceive a conflict between principles of public international law (applicable, in our opinion, de iure in the international energy law case) and the principles of international commercial law, because we do not consider IEL in this article, as a domestic law, and also, due to the sovereign quality (de iure imperii) of the state when entering into a legal relation on the public international law field (and consequently, on the IEL field).