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Orderliness in the Romanian Villages

Author(s): Gheorghe Roşculeţ / Language(s): English / Issue: 2/2015

Keywords: orderliness; God’s orderliness; human orderliness

Life of the Romanian villages, preserved in the framework of unchangeability and of the things made to last, unfolded under the nurturing of orderliness. Orderliness has been since the beginning the ruling principle of the entire country life; it has remained life-giving for balance, harmony, solidarity and energy in this sane community called „village”. It is this orderliness that has created a sane, customary lifestyle, soaked in old patterns that have ingrained rural communities under their protection; patterns that have given these communities the consistency and ability to break through in tough times.

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Health Culture and Health Care System

Здравна култура и здравни услуги

Author(s): Vasil Garnizov / Language(s): Bulgarian / Issue: 1/2005

Keywords: health culture; Bulgarians;survey;

The article presents the results of an interdisciplinary survey on the quality and public evaluation of the health services reform held in the postsocialist period. Variousaspects of the reform, as well as the formation of the health culture of the Bulgarians arediscussed in the presentation. The major observations and conclusions are rawn out fromthe fieldwork materials collected by a team of students of anthropology.

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The Admission of Guilt Agreement. Aspects of Comparative Law

Author(s): Maria-Magdalena Bârsan,Maria-Magdalena Cardiş / Language(s): English / Issue: 2/2015

Keywords: admission of guilt agreement; Criminal Procedure Code; German Criminal Procedure Code; French Criminal Procedure Code

The new Criminal Procedure Code brought about not only a series of new institutions in Romanian law, such as the admission of guilt agreement, but also a new vision in regard to what the criminal trial really means. In elaborating the current regulation, numerous factors were considered, which required aligning the current regulation with our continuously changing reality; however we must notice that, by this, the Romanian lawmaker followed the legislative trend which had been imposed by other European states which were, at the beginning, followers of an inquisitorial system of criminal law, by introducing in national law more and more institutions coming from the adversarial system of law, thus reaching a diminished inquisitorial system of law or a mixed system of law.

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The Holders of the Admission of Guilt Agreement and its Limits

Author(s): Maria-Magdalena Bârsan,Maria-Magdalena Cardiş / Language(s): English / Issue: 2/2015

Keywords: admission of guilt agreement; Criminal Procedure Code; the defendant; the prosecutor

The admission of guilt agreement is a special procedure, a novelty for the Romanian criminal law, regulated in title IV of the Special Part of the Criminal Procedure Code, article 478-488. According to the motivation of the Criminal Procedure Code, by regulating this procedure, several aims were achieved: shortening the trial, simplifying the prosecution, saving human and financial resources. In order to regulate this institution, the Romanian lawmaker was inspired by the law of other European states, by assuming provisions from the French and the German system of law. The novelty of this institution created confusion and some inaccuracies, but, in our opinion, judicial practice will clarify certain aspects which are now considered confusing.

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The National Institutional System with Competence in Administering Customs Duties

Author(s): Ramona Ciobanu / Language(s): English / Issue: 2/2015

Keywords: customs duty; customs tariff; customs authority

Customs duties are budgetary revenues, but also important instruments in streamlining international trade. There are several types of customs duties, but their contribution in terms of value to the establishment of public funds is rather negligible. The attributions of the customs authorities are the customs control of goods and people, the establishment and collection of taxes due, fighting crime or, to put it differently, the enforcement of customs duties. Romania has joined the movement to liberalize world trade by ratifying numerous international conventions and harmonizing its legislation with the one of the European Union, whose member it is.

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Police Practices In New York: Between Racial Profiling, Discrimination and Unconstitutionality

Author(s): Luiza Maria Filimon / Language(s): English / Issue: 2/2015

Keywords: civil rights abuses; discriminatory policies; racial profiling; New York Police Department; Stop-and-Frisk

In August 2013, in a historic class action lawsuit, Floyd, et al. v. City of New York, et al., brought against City of New York, Police Commissioner Raymond Kelly, Mayor Michael Bloomberg, and police officers, Judge Shira Scheidlin ruled that Stop and Frisk was unconstitutional, arguing that: “[i]n order for an officer to have reasonable suspicion’ that an individual is engaged in criminal trespass, the officer must be able to articulate facts providing a minimal level of objective justification for making the stop’ which means something more than an inchoate and unparticularised suspicion or hunch”. This article looks at the history, results and consequences behind New York Police Departments’ standard policies for combating and preventing crime: Stop-and-Frisk.

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Considerations on the Enforcement of the Most Favourable Criminal Law In Case of Requests for Punishments Merger and Requests for Conditi

Author(s): Constantin Ioan Gliga / Language(s): English / Issue: 2/2015

Keywords: the most favourable criminal law; punishments merger; conditional release; decision; Constitutional Court of Romania

This article intends to draw the attention to some situations which can occur in the practice of the courts concerning the enforcement of the most favourable criminal law in terms of the provisions of the Decision no. 265 from May 6th 2014 of the Constitutional Court of Romania and tries to propose solutions for the cases in which the “combination” of the provisions of successive criminal laws is impossible to avoid.

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Food Safety - A Constitutive Element of Sectoral Community Policy

Author(s): Laura Manea,Ghe. Epuran / Language(s): English / Issue: 2/2015

Keywords: food safety; consumer; labeling; food additives; food products

Retrieving its legal basis in article 43, article 114, article 168 paragraph 4 and article 169 of the Treaty on the Functioning of the European Union, food safety constitutes together with the consumer protection and public health policy, key areas of the sectoral policy regarding consumer protection and public health, as in terms of food safety, the two EU sectoral policy objectives are established and pursued: protecting human health and the consumer interests and promoting a smooth functioning of a competitive, single food market. Supporting and encouraging organic sales, the European Union follows the implementation and compliance throughout the production process of the regulations on food hygiene, animal and plant health, to the ones concerning food labelling.

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Sovereignty: Constitutional and Historical Aspects

Author(s): Anthony Matthew Dima Murphy,A. Stoica / Language(s): English / Issue: 2/2015

Keywords: sovereignty; statehood; authority; social contract; constitution

This article aims to analyse the concept of sovereignty under its historical and legal dimensions. Having evolved from the medieval dogma of divine right to the modern system of representative government, the concept of sovereignty legitimates the form of polity widely spread today, thus being recognized as the key constitutional foundation of statehood. While any organized society requires a supreme authority capable of wielding the prerogatives of state power, its nature as well as the source of its legitimacy remains a matter of great debate. Several philosophers have worked to provide answers to this, leading to significant changes in political theory with regard to the concept of sovereign and supreme power.

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The Evolution of Written Law until the Phanariot Ruling. Aspects Regarding Law in the Phanariot Age

Author(s): Cristinel Ioan Murzea,Roxana Matefi / Language(s): English / Issue: 2/2015

Keywords: written law; rules; Phanariot period; reforms; evolution

This paper aims to analyze the evolution of the written law until the Phanariot rulings, also poring over some general issues regarding law in the Phanariot age. A very important role in the development of the feudal society was played by the appearance of the books of law which were written both in an ecclesiastic manner and in a laic manner. The written law was meant to provide increased authority to central power as opposed to unwritten law.

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Beyond Economic and Cultural Capital: Network Correlates of Consumption Tastes and Practices

Author(s): Michał Cebula / Language(s): English / Issue: 4/2015

Keywords: social capital; networks; cultural participation;taste; social ties.

This paper attempts to provide a picture of network effect on cultural participation by building on theoretical concepts of social capital and social networks as well as on original data collected by the author on 362 inhabitants of Wrocław. The central discussion of the study concerns the relative explanatory power of network variables (such as intensity of contacts with friends and acquaintances, or access to resources via social ties) in predicting the reported consumption tastes, practices or knowledge, net of structural factors. The findings support the hypothesis that more networked persons (particularly those having many non-kin contacts) are more likely to participate in a greater number of cultural activities and to be more "omnivorous" consumers. The article concludes with some possible directions of future research.

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The Jurisdiction of the Constitutional Justice in Germany in 19th and 20th Century. Legally-Historical View

Höchstgerichtsbarkeit in Deutschland im 19. und 20. Jahrhundert. Ein rechtshistorischer Rückblick

Author(s): Diemut Majer / Language(s): German / Issue: 2/2015

Keywords: constitutional courts; control of the political power (“Paulskirchenverfassung” 1849, “Grundgesetz” 1949); priority of the law towards the political powers as a special German idea

Constitutional justice and its competences towards the political powers have been discussed since the 19th century in in Europe. Who controls the laws? A court or the legislative itself? In fact the idea that a court might tell the legislation what the constitution (and the law) is (so the Supreme Court of the US) was completely new. In Germany the “Paulskirchenverfassung” of 1849 created such judicial controls by establishing a supreme court (Reichsgericht) with widespread competences (towards the federal and central powers) in the German “Reich”, inclusive the right of every citizen to sue the state before a court on the ground of illegal treatment. The German “Grundgesetz” (Constitution) of 1949 picked up this idea and created a constitutional court (Bundesverfassungsgericht) which became a model for many European constitutions. Where did this belief in the impartiality of a court come from? Not from historical facts, but from hopes in a neutral power. These hopes go back to the Medieval Ages, when the protection of the law (and the people / citizens) belonged to the most important rights and duties of the German Kings and of the Emperor – a right given to him by God himself. Day and night, so the sources tell, the German King Konrad II. (1024-1039) on horseback hastened through the vast Empire to punish the evil-doers and to reward the righteous ones. The priority of the law towards the political powers is the essence of the idea of the German “Rechtsstaat”. This idea is contrary to the thinking in many states, which do not want its parliaments controlled by a court.

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The Competency to Enact Rules for Military Criminal Procedure in Austra(-Hungary)

Die Kompetenz zur Regelung des Militärstrafverfahrens in Österreich(-Ungarn)

Author(s): Christoph Schmetterer / Language(s): German / Issue: 2/2015

Keywords: Dualismus; Kaiser; Militärgerichte; Militärstrafverfahren; Oberster Kriegsherr; Prärogative

The military criminal procedure rules in Austria (dating back to 1768) were quite old-fashioned by 1900. There were many attempts to reform criminal procedure after 1850. However it was not clear whether the emperor himself or the parliaments were competent to enact new rules. This article examines the arguments for both views.

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Emanuel Ringelblum. A Biography and Legacy (Introduction)

Emanuel Ringelblum. Biografia i dziedzictwo (Wprowadzenie)

Author(s): Agnieszka Żółkiewska / Language(s): Polish / Issue: 04/2015

Keywords: Emanuel Ringelblum; Oneg Shabat; memory of Holocaust; Jewish Historical Institute in Warsaw; Bernard Mark; Artur Eisenbach; Ruta Sakowska

The author presents the changing fate of the edition of the Ringelblum Archives pursued by the Jewish Historical Institute during the first forty-five post-WWII years. She attributes the limited and selective nature of that edition to diverse factors, including the „ghettoization” of the Institute’s actions by the Polish authorities

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Solidarity Lost? Low Pay Persistent During the Post-Communist Transition in Poland

Author(s): Anna Kiersztyn / Language(s): English / Issue: 4/2015

Keywords: Low paid employment; wage mobility; transition economies; panel data, Poland.

This article analyses long-term changes in the persistence of low wages in Poland, given the variations in the general economic situation. All analyses are based on data from the Polish Panel Survey (POLPAN) conducted throughout the post-communist transition period, 1988-2013, on a representative sample of the Polish adult population. The study found that being in a low paid job raises the probability of experiencing the same situation five years later, even when controlling for the general economic context and the respondents' demographic and economic characteristics. Upward mobility rates among initially low paid workers were significantly higher during periods of economic prosperity; however, even then low pay persistence remained substantial. The results also point to a secular growth in the persistence of poverty-level wages over the past two decades. Persistent low wages may bring about spaces of long-term poverty and social exclusion which cannot be overlooked by policy makers.

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Historians’ Nowy Sącz Roots: Ringelblum, Eisenbach, Mahler

Nowosądeckie rodowody historyków. Ringelblum – Eisenbach – Mahler

Author(s): Łukasz Połomski / Language(s): Polish / Issue: 04/2015

Keywords: Emanuel Ringelblum; Artur Eisenbach; Rafał Mahler; Nowy Sącz

In the times of Galicia’s autonomy, Nowy Sącz was perceived as a „town of opportunities”. It attracted many educated people but also the poorer Jews. It was the place from which three outstanding historians: Artur Eisenbach, Rafał Mahler and Emanuel Ringelblum hailed. Their paths crossed oftentimes, both in their private lives and their careers. They were close due to their political views, friendship and work for the same organizations. Not even the war or Emanuel Ringelblum’s death could sever these ties. One could get the impression that Mahler and Eisenbach dedicated their postwar work to the memory of their best friend.

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Ritual blood libel in Hungary in 1883

Rituale Blutanklage in Ungarn im Jahre 1883

Author(s): István Stipta / Language(s): German / Issue: 2/2015

Keywords: blood libel; ritual murder; court process of Tiszaeszlár 1882-1883; Hungarian criminal process.

This essay analyses the legal background of the blood libel process taken place in 1882-1883. It also gives an overview on the norms of Hungarian criminal process of that era and their prevail in the praxis. The paper examines each process phase, including the important momenta of the investigation, examination, accusation and the court litigation. It also follows the theoretical and practical deficiencies of the process. Furthermore, the paper searches for reasons that led to the ritual blood libel of medieval heritage in Hungary of the civil era.

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How Do Poles Perceive Health?

Author(s): Agnieszka A. Borowiec,Izabella Lignowska / Language(s): English / Issue: 4/2015

Keywords: social representation; lay perception of health; Claudine Herzlich; medical social control; medicalization.

In this article, the social representation of health shared by Poles is presented in the context of its function in society. The theory of social representations and its use in health research is introduced. The results of research are used to consider how perceptions of health shape a social order in which medicine is still a large institution of social control.The above-mentioned research included 30 in-depth interviews and a nationwide survey of a representative sample. As a result, three dimensions of the social representation of health were identified: the 'ability to function independently', which involves mental well-being and the ability to fill social roles; 'absence of disease'-lack of ailments, a feeling of zest and a lack of diagnosed illness; and the 'biological reserves of the organism'-the resources for resisting disease. Analysis of the data has led to the conclusion that the first dimension serves to preserve identity and integration of the social group, the second contributes to maintaining medical social control, while the third motivates individuals to take steps to protect or improve their health. In addition, the last two dimensions serve the interests of groups profiting from medicalization.

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Emanuel Ringelblum as a Student of History of Warsaw’s Jews

Emanuel Ringelblum jako badacz historii warszawskich Żydów

Author(s): Paweł Fijałkowski / Language(s): Polish / Issue: 04/2015

Keywords: historiography; Mazovia; Warsaw University; Jewish schools; Polish-Jewish relations; Warsaw

Emanuel Ringelblum’s legacy as a co-author of the underground archives of the Warsaw ghetto overshadowed his prior accomplishments as a student of the history of the Jewish population of Poland over the ages, especially in Warsaw in the Old Polish period. His output includes several books and numerous popular-science and scientific articles dealing for the most part with Warsaw and Mazovian matters. Emanuel Ringelblum saw the need to present a picture of the history of Polish Jews and of Polish-Jewish relations in a manner free of unfounded generalizations and myths deeply rooted in Polish and Jewish consciousness as the overriding goal of his studies. In his opinion, the ignorance of both parties and especially the poor knowledge of the shared history was one of the reasons for the Polish-Jewish antagonisms. He firmly believed that historical studies should support the striving for social and national emancipation of the Jews and provide arguments for extending equal treatment to Jews and other citizens of the Republic of Poland

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Social and Medical Problems in Emanuel Ringelblum’s Texts—Not Just a Historic Perspective

Problemy społeczne i medyczne w tekstach Emanuela Ringelbluma – perspektywa nie tylko historyczna

Author(s): Marek Tuszewicki / Language(s): Polish / Issue: 04/2015

Keywords: medicine; history of medicine; 20th century Jews; Jewish press

Emanuel Ringelblum was a historian whose sensitivity and ideological views frequently pushed him into tackling subject dealing with the history of Jewish medicine. Such texts would typically appear as separate articles published, for example, in the „Sotsiale Meditsin” journal. Ringelblum displayed an interest in medical problems in the broad sense. He wrote about Jewish doctors, their presence and significance to the Polish society, but he was also aware of the issues related to poverty, exclusion and inaccessibility of advanced therapeutic facilities. Despite the fact that he suggested new areas of research, Ringelblum remained a representative of his times, a representative of the milieux in which he had his roots as an historian and civic activist.

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