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review of: HEINRICH MIITEIS/HEINZ LIEBERICH, Deutsche Rechtsgeschichte, 19. Aufl., München 1992, 570 pp.; HANS SCHLOSSER, Grundzüge der Neueren Privatrechtsgeschichte, 8. Aufl., Heidelberg 1996,285 pp.
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The recent rhetoric of the "end" or "failure" of multiculturalism in Europe and beyond came as no surprise to anthropologists. Moreover, the statements made by leading politicians of key European economies seem as though they are based on the decades old anthropological critique of the consequences of the failed implementation of multicultural policies in Europe and on the global level. It is as though the messages we have been getting over the course of the last few years – that multicultural policies are contraindicated, that they weaken the contacts between cultures, rob individuals of the right to change and chose their identities and strengthen intra-cultural mediators of power, with patriarchy, violence against women and children, leaving school, religious fundamentalism and even terrorism as main consequences – are being read by politicians from anthropological analyses of abuses of collective "cultural" rights. The paper considers the nature of this similarity between the discourse of politicians and anthropologists with a special emphasis on the status of "Islam" in them, and discusses whether it is congruence or mere coincidence of stances toward minorities, immigrants and cultural differences, as toward the regulations which were tasked with protecting this diversity as a fundamental European value which today, at least at the rhetorical level, seems to be fading.
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Scientifical, technical, and technological accomplishments have improved significantly the life standard quality in the last few decades, but they are still insufficient for predicting and control of natural disasters.Therefore, even in the developed countries fight against natural disasters is directed to alleviation of harmful consequences, where the main role in giving help to the people has the country thanks to the effort of public services.”Katrina” huracane made an enormous damage by soaking New Orleans, dozens of small villages and industrial plants of the numerous federal countries on the south of US.
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There is a common opinion that fiscal offence has no criminal character but is merely an administrative offence and consists only of petty deeds of little social noxiousness. This opinion is not accurate with regard to basic types of tax crimes which very often are varieties of common frauds or forgery that may seriously endanger financial transactions of a country or local government. They are characterised by the fact that the tax procedures and legal structures are faked or falsely initiated and employed to commit or de facto to camouflage offences of criminal character. One example could be tax fraud involving simulation of a series of transactions which have no real economic of commercial significance and serve to fake alleged tax obligations and to initiate the procedure of VAT and ultimately to obtain from the Treasury substantial amounts of unjust VAT refunds under false pretences. These are in fact ordinary criminal offenses committed with the use of tax refund procedures. Possibility of moving VAT free goods between countries of the European Union with the lack of adequate monitoring mechanisms in the Member States resulted in a dangerous increase in the number of organized frauds, which are simply regarded as a mechanism “embedded” in the EU VAT system. They are referred to as tax carousels or carousel frauds. Tax law, its mechanisms, and its procedures are sometimes used not only for this type of criminal extortion of property from the tax authorities but also as for a so-called money laundering and legalization of illegal incomes. Generally, tax offences shows more and more close links with strictly criminal offences, it is becoming more and more organised, professionalism of the perpetrators is increasing, and even a growth in brutalization of such crimes can observed. This should change a traditional approach to tax crime.
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The author provides a legal analysis of Constitutional Court's decision that „National Front" is a secret society. He maintains that in this case Constitutional Court did not act in accordance with Constitution as it appropriated a competence which is not prescribed for it by the Constitution. A made-up competence resulted in a made-up decision, i.e. a decision which has no legal effects. The abovementioned decision is a confirmation of the fact that Constitutional Court of Serbia wanders between law and politics, sometimes subjugating Constitution to the current political pressures. Such a constitutional court cannot be a provider of guarantees to, or a protector of constitutional democracy.
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The subject of this article is the corruption affair in 1999 in which the European Commission members have been involved.
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The report presents the rule "Nasciturus pro iam nato habetur quotiens of commodis eius agitur" as it exists in Roman legal texts in relation to the ancient Greco-Roman concept of personae, different from that which we conceive today. In this context, the capacity of human embryo to be subject of right comes from social, religious, medical, moral and especially legal recognition. We discuss some of the heritage aspects of this rule, as well as the issues of early human life, abortion, infanticide and murder of pregnant women, recognition of the newborn by the father, State, etc. Some decisions of the Roman jurisprudence are surprisingly topical and are part of many discussions on its bioethical and legal aspects.
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review of: --------------------------- H.J. BERMAN, Law and Revolution. The Formation of the Western Legal Tradition, Cambridge, Mass.1983 - Recht und Revolution, Frankfurt am Main, Suhrkamp, 1991
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Jedan od najboljih naših pravnika, G. Dr. Hugo Verk, osvnuo se (u prošlome broju »Nove Evrope«) na moja dva članka, što suizašla u zagrebačkoj »Slobodrioj Tribuni« а raspravljaju О političkome deliktu. (Velim mоја članka, jer kad se gospodin Verk punim imenom potpisao, držim da treba i ја sad da otkrijem i predstavim svog »Justusa«,, ne » Verusa«.
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The essential aim of this article is to discuss the mechanism of “agreement” reached between parents with regard to exercising parental authority over a child and maintaining relationship with the child after the divorce, which was introduced to the Family and Guardianship Code by way of the amendment of 6 November 2008. This mechanism constitutes for the court one of the statutory prerequisites to grant both parents parental authority over the child after the divorce, and it has been presented herein in this context. The article shortly presents the origination of the notion of “agreement” reached between parents provided for in Article 58 of the Family and Guardianship Code, its ratio legis, and it points out the defects of this mechanism stemming from the legislator’s lack of precision which results in incorrect application of the aforementioned provision of law. In the context of analyzing the mechanism of granting both parents parental authority over the child after the divorce, the article also presents a clearly negative approach to the proposal of a possibility to adjudicate “alternating custody”, in the divorce judgment, which is defined in the legal doctrine, if the parents unanimously petitioned for it in the “agreement”. It has been underlined that such a way of adjudicating parental authority is not provided for in the applicable provisions of law and - which is equally important - it is contrary to the child’s welfare
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The text examines the draft law on genetic testing for health purposes. Considerations are carried out in the context of the “right to ignorance” and the situation of family members of the patient. The author, in her analysis, concentrates on the principle of the informed consent and the right to respect for patient’s private life, in particular to protection of his or her personal data derived from a genetic test. There is no legal regulation of the genetic testing under the Polish law. However, it is an important issue that requires an intervention of the legislator. The author reflects that where the results of a genetic test undertaken on a person can be relevant to the health of other family members, the person tested shall be informed and these members should be informed as well.
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In former colonies, multinational companies are often playing important role in inducing policy creation related to natural resources exploitation.
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The current study presents the importance of public administration reported to all our realities as citizens, law researchers or practitioners. We analyzed the idea of public administration starting with its primary basis in order to create the clear image of this huge bureaucracy all over the time. We came into reality by presenting this concept according to the great Romanian doctrinaires. The concept was not all the time set in the same frame so the analysis is very important. An analysis according to European doctrine has also been done in order to clarify the statute of public administration in Europe, its influences over Romanian doctrine and legislation. Personal conclusions show that public administration is present day by day in our lives; we have to fight or to accommodate with it. So, the place and the importance of the study are well understood.
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Dans cet étude l’auteur a présenté une brève analyse des décisions dans la procédure civile d'inconstitutionnalité, en disant que certains d'entre eux étaient susceptibles d’une approche différente. L'auteur insiste sur les décisions en matière d'exécution, en particuliers celles concernant le consentement de l'exécution et le procureur lors de l'exécution. On a evoqué aussi des solutions d'inconstitutionnalité dans la matière de la nécompetence et en ce qui concerne la procédure des filtrages des recours. Tout au long de l'étude, l'auteur a montré que dans le droit comparé ont souvent été promues des solutions différentes sur les lois qui ont formé l'objet d'inconstitutionnalité. L’analyse critique des solutions d'inconstitutionnalité mentionnées a conduit l'auteur à la conclusion que certaines réformes législatives et même constitutionnel devraient être entreprises pour une meilleure organisation de la Cour Constitutionnelle et même pour établir des règles qui rendent possible antrener la responsabilité civile juges de la Cour, dans les cas où ils ont agi avec «malveillance véritable» ou «négligence manifeste».
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