Keywords: Habsburg Monarchy; Hungary; the Prekmurje region; political history; democracy; nationalism;
In the following contribution the author analyses the "Slovenian part" of Hungary after the restoration of the constitutional life in the Habsburg Monarchy in the light of democracy and democratisation of society, when nationalism kept increasingly asserting itself in the political life. The author demonstrates that nationalism was far slower to affirm itself among the "Slovenians" on the left bank of the river Mura as among those on the right bank. The link between both banks has existed since the 1860s and was "established" by the Slovenian intellectuals from Carniola and Styria, who were actually only getting to know the people on the other side of Mura. In the time of democratisation, the developments were different in Hungary as in the Austrian part of the Monarchy. If before the turn of the century the Cisleithanian Slovanians acquired certain rights and "transformed" their initial unification policy into a modern plural political party life (in Carniola in the beginning of the 1890s and in Styria after the turn of the century), the "Slovenians" in Hungary have not organised themselves politically until the very dissolution of the double monarchy. Instead they were largely left to the Hungarian national "wave". Only after World War I can we really start talking about the linguistic and cultural unity of the Slovenians from the Prekmurje region with the other Slovenians.
More...Keywords: social order; cosmic order; human being; social thought; Buryat-Mongols
The matter of social order was developed as a rule in macro-theories such as functionalism or Marxism, which saw the order as constructed by shared norms, values, distribution of labour, power or property. The book attempts to trace the ideas of social order in the Buryat culture and its metaphoric structure using the interpretivist approach as shared sense-making practices. The fieldwork data and analysis of various literature form a grounded theory of social order that could contribute to existing sociological and anthropological perspectives.
More...Keywords: Human rights;European Convention on Human Rights;American Convention on Human Rights;African Charter on Human and People's Rights;Asian system;
The aim of the paper is to highlight the current situation in the field of human rights in all regions of the world, especially by analyzing and com-paring the basic instruments adopted in each of them. The general conclusion is that the universality of human rights is not questioned by strengthening mechanisms for regional security. Quite the contrary, we believe that the current position of human rights in certain parts of the world, due to various political, economic or social factors demands commitment of universal, as well as regional and national mechanisms, which could lead to a favorable outcome only in coordination with each other.In the first part of the paper, author gave brief analysis of the mayor instruments in the field of human rights adopted in Europe, America and Africa. Likewise, the author devoted a considerable attention to the region of Asia, which lacks a developed system on the regional level, but shows significant steps towards the advancing of the sub-regional mechanisms. The central part of the paper is related to the comparison of the regional systems on the substantive and procedural level. In order to highlight one of the differences in the substantive aspect of the protection of human rights, the author analyzed the provisions on the right to life as a basic human right. On the other hand, the differences and similarities bet-ween the regional systems of human rights protection are especially visible in the procedural aspects of protection or in part concerning the jurisdiction and functioning of the mechanisms established by the above-mentioned instruments. Given the fact that we put the emphasis on the efficiency of the protection of individual rights, the author pointed out to the provisions on the right of individual access to regional institutions since the right of individual petition is "the cornerstone of the international protection of human rights".The general conclusion is that regional human rights protection systems do not operate in isolation, but in coordination with each other. However, the permeation of the provisions of regional and universal instruments should not be seen as a threat to any of the systems or as the reduction of the effectiveness of the various mechanisms, but only as a step toward complete protection of individual rights. In the near future we expect serious engagement of Asian countries to establish a sub-regional, if not regional, human rights protection system, modeled on existing European, American and African systems.
More...Keywords: state of emergency; state of natural disaster; state of epidemic; state of epidemic emergency; administrative fine; human rights and freedoms; countering COVID-19; statutory authorization
The article concerns the relevant legal aspects of the state of epidemics, the state of epidemic emergency and the state of natural disaster, as well as the permissible procedures for restricting rights and freedoms during these states in light of the Constitution of the Republic of Poland. In particular, the vagueness of the prerequisites for the introduction of these states and the arbitrariness of the application of solutions, including anti-epidemic restrictions through ordinances are pointed out. The issue of punishing violations of anti-epidemic prohibitions and orders is also raised, with emphasis on the low effectiveness of administrative penalties. Excessive powers of the executive and responding to an emergency without parliamentary control are also pointed out.
More...Keywords: artificial intelligence; robotics; digitisation; ethics; fundamental rights and freedoms; opportunities; risks; legal framework; international vision; EU vision; digital single market;
While humanity has been under pressure from successive and partly interconnected shocks of pandemics, war and inflation, in perhaps the most complex geopolitical and geo-economic context in decades, the multifaceted fields of artificial intelligence (AI) have taken over economic and social life at a very fast pace. We are going through the so-called "fourth industrial revolution", or we are already talking about a “AI (r)evolution", which is emerging to dominate through interdisciplinary and cutting-edge technological advances such as robotics, nanotechnology, biotechnology, quantum computing, fifth generation (5G) wireless technologies, 3D printing, fully autonomous vehicles or the industrial internet of things, with human-machine interaction becoming increasingly complex and deep. We are now entering the 'brave new world' in which the global 'race' for Artificial Intelligence supremacy has begun. In fact, this global competition is due to the enormous economic value and technological capabilities accumulated in economies that have allocated a lot of resources to the research and development of AI applications, estimating that by 2030, artificial intelligence is expected to bring €11,000 billion to the global economy. In an age of Artificial Intelligence we face more and more questions and perhaps few answers. We all wonder what the effects will be on the structure and functionality of society, how much human rights will be affected and how do we prevent this? Is there an AI right or not? Will robots replace or judge us? Will we dehumanize ourselves, expecting more from robots and less from humans? Will AI change the way we humans work, learn, travel, live? How will the digital revolution change the legal world? In a timid attempt to seek and outline answers in this labyrinth of questions, we propose through our research to explore the advantages and disadvantages of AI, the determining technology of the future, touching, on the one hand, the regulatory area, namely the legal framework outlined at the international level, but also at the national and union level, especially the protection of human rights and equality, and on the other hand, the ethics of artificial intelligence, a critical subject for the whole world. At the same time, our research aims to index the main initiatives, actions and achievements in the field of artificial intelligence, in relation to the official strategies of Member States and beyond, taking into account long-term development plans and strategic and political vision in priority areas such as ethics and security. Efforts to regulate Artificial Intelligence have been stepped up lately, with the AI Regulation (Artificial Intelligence Act) and an AI Liability Directive on the agenda of lawmakers in Brussels today, thus crystallizing a new institutional architecture of AI regulation in Romania, as well as in the other EU Member States, through the need to harmonize domestic legislation with the acquis communautaire. Thus, on 11 May, the Internal Market Committee and the Civil Liberties Committee of the European Parliament approved, with 84 votes in favour, 7 against and 12 abstentions, a first draft of an Artificial Intelligence Act, perhaps the first "fast-track" step towards EU-wide regulation of artificial intelligence systems, with the draft law to be submitted for adoption in Parliament's plenary in June 2023. Given that regulation of artificial intelligence is currently at a very low level, these rules will become the world's first binding 'legal construct' for artificial intelligence, with the EU legislator aiming to ensure safe, transparent, non-discriminatory and environmentally friendly AI systems that can be kept under human control, avoiding the gradual and imperceptible 'suffocation' of human rights and freedoms by 'shaping' global consciousness. The fruitfulness of the opportunities generated by artificial intelligence may represent a pivotal point for Romania's economic, but also social and cultural development, as we already recognize the profound and dynamic impact on human lives, the environment, ecosystems, education, culture, information communication, including the human mind. Living among digital assistants (Siri, Alexa, Cortana), autonomous cars, smart cameras with facial recognition or intelligent systems able to make predictions about future behaviours, we have to admit that, in the year 2023, Artificial Intelligence is a reality, maybe even a necessity and a way of life subtly and imperceptibly installed in our consciousness and in our behaviour. The future is already here because AI is bringing it faster than we thought, our central objective being to raise awareness of the need to adapt to the new normal on the one hand, and on the other to promote human-centred artificial intelligence by shaping a stable and transparent legal framework. We are stepping timidly, but with no turning back, into a new legal "realm" open to reflection and practical applications of the most innovative kind, in which the challenges are commensurate with the stakes created and asserted, artificial intelligence and robotics having enormous potential in human evolution and in improving all areas of human activity, like the great technological revolutions created by man over time.
More...Keywords: proportionality; doctrine; administrative code; administrative procedure code; European code; RENEWAL; CEDO; CJEU;
The present scientific approach proposes, in the first part, a theoretical presentation of the principle of proportionality. We will approach the topic mainly through the prism of doctrine and specialized literature, since the Romanian legislator was not too generous in defining or referring to the principle of proportionality, used more and more often in the public space or in front of the courts, but whose substrates they are very difficult to reveal. Known rather as a defining element of the practice of the European Court of Human Rights (ECHR), little by little we hope that the principle of proportionality will find a well-deserved place in the legislation, doctrine and especially the practice of the Romanian courts. We have these hopes, together with its express mention in the Administrative Code as one of the fundamental principles of the administration's activity.We will also consider the RENEWAL ADMINISTRATIVE PROCEDURE OF THE EUROPEAN UNION - ReNEUAL Code which refers to this principle.Also, from the content of our analysis we cannot omit the relevant cases from the practice of national courts, but we will also try to dig into the depths of the cases resolved by the Court of Justice of the European Union (CJEU), for an integrated European approach to the topic.
More...Keywords: „Namibia Exception”; guaranteeing property; actual investigation; the role of the authorities; unrecognized regime;
In the present study it is analyzed the possibility of applicability in the judicial practice of the Republic of Moldova of the „Namibia Exception”, exception which in the present case seeks to provide that the non-recognition of the status of separatist region for Transnistria leads not only to the existence of some negative consequences for a self-proclaimed regime, but also for its inhabitants, who can continue to enjoy the rights inherent to the human being. At the same time, the practice of E.C.H.R. regarding the legal protection of human rights in similar military regions, the role of the authorities that have control over the de facto entity, as well as the limits of legal protection is subject to analysis.
More...Keywords: Protection against domestic violence; European Convention of Human Rights; case law of the European Court of Human Rights; International standards on protection against domestic violence
The publication examines the international standards for protection against domestic violence outlined in the case law of the European Court of Human Rights, focusing on the court cases against the Republic of Bulgaria and the conclusions drawn in them regarding the effectiveness of protection against domestic violence in the Bulgarian legal order, as well as the compliance of the national legal framework with these standards. For this purpose are examined the definition of domestic violence, the commission of an act of domestic violence as a form of human rights violation, the possible violations of fundamental rights in the commission of an act of domestic violence, the importance of the case law of the European Court of Human Rights from the perspective of the Bulgarian legal framework and case law, as well as the compliance of the Bulgarian legal framework with the standards thus outlined for ensuring protection of victims of domestic violence. It is concluded that the reform of the Protection Against Domestic Violence Act implemented in 2023 creates the necessary guarantees for the implementation of most of the standards set out in the case law of the European Court of Human Rights. Notwithstanding the existence of a legal framework, the Bulgarian legislator is still faced with the task of addressing two main issues – overcoming the current unequal treatment of Bulgarian citizens, despite their gender, in all aspects of protection against domestic violence, and undertaking from the national authorities of effective and timely actions over no or delayed actions.
More...Keywords: freedom of expression; armed forces; judicial practice of the ECtHR
Article 10(1) of the European Convention on Human Rights states that everyone has the right to freedom of expression. This means, on the subjective side, that anyone can freely express their opinion, position, criticism, feelings, ideas and the data they know, while on the objective side, it imposes an obligation on the state to provide the conditions for the development and functioning of democratic public opinion as a fundamental political institution. Freedom of expression is, of course, enjoyed by members of the armed forces, such as soldiers, police officers, gendarmes, border guards, finance officers, coastguards and members of penitentiary organisations, just like anyone else, but the armed forces and the law enforcement bodies can only fulfil their purpose if there are legal provisions in place and enforced that guarantee the maintenance of discipline and the order of service and hierarchy, ensuring effective operation. The European Court of Human Rights has, on several occasions, examined the compatibility of these requirements with the right to freedom of expression, and has made a number of important findings of principle. In my paper, I seek to answer the questions – by examining and analysing the relevant cases – as to which aspects the court considers relevant in relation to the restriction of the right to freedom of expression of these special subjects, and to what extent these aspects fit into the general framework of restrictions on the exercise of the fundamental right.
More...Keywords: cultural rights; heritage; identity; UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage; human rights
The paper analyses the evolution of the notion of cultural heritage from a comparative perspective and verifies the impact produced by the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage in 9 countries (Mexico, Brazil, Italy, Jordan, Cyprus, Spain, Burkina Faso, Korea, Japan).
More...Keywords: social network analysis; density and centrality; fight against corruption; human rights; authoritarian regression;
This study analyzed, based on Social Networks Analysis (SNA), the links between the deputies of the VIII and IX legislatures of the Congress of the Republic of Guatemalain the promotion and implementation of a regressive agenda composed of projects of law on retrocession of the fight against corruption and the reduction of human rights. It found that five legislative initiatives and seven deputies were key in the network and concluded that the non-re-election of the central deputies (nodes) did not imply that the network disintegrated, but rather signified a transition that should be further studied.
More...Keywords: European Court of Human Rights; persons with intellectual disorders and mental health issues; voting rights; proportionality
The judgment of the European Court of Human Rights in the case Anatoliy Marinov v. Bulgaria (No. 26081/17) rendered on 15 February 2022 contains an imperative for the State to amend its legislation in such a way as to allow for an individual judicial assessment of the ability of persons placed under judicial disability to take informed and considered decisions and to participate in voting. In this international context which is new for the State, the article presents the advantages and disadvantages of an approach of restricted political participation in which the exercise of voting rights by persons with mental and intellectual disabilities is premised on an individual assessment of their ability to cast a competent vote.
More...Keywords: European Court of Human Rights; The Convention for the Protection of Human Rights and Fundamental Freedoms; Article 6 of the ECHR; right to a fair trial;
In March 2023, the European Court of Human Rights issued a judgment concern- ing the former President of the Greek Statistical Office. The case was described as a test of the Greek justice system, and the issue at stake was the reliability of pub- lished statistics relating to the functioning of both the national and the Community economy. Andreas Georgiou was President of ELSTAT, the Greek equivalent of the Polish Central Statistical Office, from 2010 to 2015. In its first year of office, it pro- vided the European Statistical Office with statistics relating to the budget deficit in Greece for 2009. According to Greek law, the competence to make statistics public rested with the Executive Board of ELSTAT, not with the President himself. The Greek authorities accused him of having committed the offence of abuse of power. Georgiou, on the other hand, claimed that he had acted in accordance with the principles of the European Statistical Code of Practice. It provides that the heads of statistical offices are solely responsible for decisions on the content and timing of the publication of statistical information. The defendant faced up to 10 years in prison. The Court of First Instance found Georgiou not guilty. However, the court of second instance sentenced him to two years imprisonment. The Court of Cassation rejected the appeal against the judgment of the Court of Appeal without, however, referring to the defendant’s objections relating to the need to refer a question to the Court of Justice of the EU for a preliminary ruling. Before the sentence came into force, Georgiou left for the United States. In the present judgment, the ECtHR found a violation of the Convention. The judgment is expected to restore confidence in Greek statistics and demonstrate the independence of the statistical office from pressure from the authorities.
More...Keywords: right to a fair trial; reasonable time; right to an effective remedy; effective remedy; just satisfaction; covid-19; waiver;
The system regarding the protection of human rights and fundamental freedoms introduced by the European Convention on Human Rights is a complex one, which still raises issues concerning the interpretation and application of the provisions. We will stop in our study on the interpretations of the provisions of Article 13 of the Convention. We will analyze the jurisprudence of the European Court of Human Rights in the field, and we will discuss the legal implications of invoking Article 13 interdependence with other articles of the Convention, in the context of the Covid-19 pandemic. The manner in which article 13 of the Convention can be applied is extremely important considering its subsidiary character by reference to other articles of the Convention, its applicability requiring a violation of another substantive provision of the Convention. The Covid-19 pandemic has "forced" the states of the world to adopt measures to combat its effects, some more drastic, others more relaxed. All these measures had the effect of restricting certain individual rights and freedoms. The most drastic measure taken by some of the states was the suspension of the effects of the European Convention on Human Rights for a certain period, by invoking the provisions of Article 15 of the Convention. In press release 121/21, issued by the Council of the European Union, the European Union specifically recognizes that "the COVID-19 pandemic and its socio-economic consequences have had a negative impact on human rights, democracy and the rule of law, including on the civic space". The elaborated study has as its main objectives: the analysis of the problems of interpretation and definition of Article 13; applicability of the Convention in case of derogation; and analyzing post-Covid-19 perspectives by referring to the project proposal of the Council of the European Union on the creation of an international treaty on pandemics.
More...Keywords: international protection; restriction of freedom of movement; deprivation of liberty; European Court of Human Rights; Serbian legislation
Persons in need of international protection are in a difficult situation due to their uncertain legal status. From the moment of filing an application for decision on their legal status until it is actually determined, their freedom of movement is commonly restricted. However, the problem arises because a simple restriction of movement may amount to deprivation of liberty. The paper aims to determine when and under what conditions the restrictions on the freedom of movement may amount to deprivation of liberty, whether the difficult possition of persons in need of international protection is taken into account, and whether Serbian legislation implements relevant standards established in the practice of the European Court of Human Rights on this matter. On the basis of the provision envisaged in the Serbian Asylum and Temporary Protection Act concerning restriction of freedom of movement of asylum seekers, the analysis suggests that it may cause problems in practice. Although Serbian legislation qualifies the retention of foreigners and asylum seekers in the shelter for foreigners as a measure of restriction of movement, such a situation may be inherent to the deprivation of their liberty due to the enacted provision of the Asylum Act. In this context, the author proposes necessary changes in the Serbian legislation.
More...Keywords: criminal proceedings; the right to a fair trial; violation of the Convention; assessment of evidence; reasons for decisions<,
The commented judgment indicates that the right to a fair trial cannot be seen as effective unless the requests and observations of the parties are truly “heard” and points out that it is not within its jurisdiction to rule on the guilt or innocence, but it is within the Court’s jurisdiction to assess whether the proceedings complied with the Convention. What is important is that Article 6 guarantees the right to a fair hearing, it does not lay down any rules on the admissibility of evidence, which is primarily a matter for regulation under national law. Furthermore, the right to a fair trial cannot be seen as effective unless the requests and observations of the parties are properly examined by the tribunal. The purpose of this study is to demonstrate that the right to a fair trial can only be seen as effective if the parties’ requests and comments are heard. The Court noted that the domestic courts in two instances, failed to assess the specific and valid arguments of the applicant and thus failed to meet one of the requirements of a fair trial, namely failing to provide adequate reasons for their decisions. In the above situation, finding a violation of the right to a fair trial (Article 61 of the Convention).
More...Keywords: human rights; life imprisonment; criminal code;
In the catalog of forms of criminal response to crime, in Polish legislation, life imprisonment is the most severe punishment for the most serious crimes. A probationary measure in the form of conditional early release may be applied to a person sentenced to this punishment, which means it can be reduced. As of October 1, 2023, the Criminal Code's amended provisions allow the court to impose this punishment with a ban on this measure. The purpose of the study is to answer the question of whether the solution adopted by the Polish legislator does not contradict Article 3 of the European Convention on Human Rights. This goal is achieved primarily through an analysis of the case law of the European Court of Human Rights concerning cases of those sentenced to life imprisonment.
More...Keywords: International law; human rights; prisoner rights
The European Court of Human Rights in Strasbourg has played a significant role in shaping the execution of the penalty of deprivation of liberty in Poland. Over the past two decades, it has issued numerous judgments against Poland, focusing on the rights of incarcerated individuals. Many of these rulings center around the prisoners' right to contact the outside world, especially with their families. Therefore, it is worthwhile to subject them to analysis and juxtapose the position of the European Court of Human Rights in the context of necessary changes in Polish penitentiary institutions that will lead to the full implementation of these judgments.
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