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One of the important tasks for each candidate country is to implement administrative principles, procedures. values, standards and practices EU. One of key element which has to be implement is civil service standards. The link between servants and the state is specific because their duties and obligations derive from national legislation. We tried to analyze these EU standards, as well as in order to develop efficient and proffesional civil service these standards have to be effectively implemented in our legal system, too. Just to mention few of them: mobility, training, promotion, evaluation. In the same time, our country, as a member of Council of Europe is obliged to implement some standards from the Codes of Conduct Public Officials in our legislation: legallity, proffesionalism, depolitisation, transparency,
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The author emphasizes the need to innovate and adapt to the educational model the actual (real) needs of society as a function of the overall progress of science and profession, with particular reference to criminal scientific field. The general trend of improving the existing model of education is the platform to achieve the required level of competence of future lawyers as the holder of a very important function in society. Also, the author is trying to divert the attention of the scientific and professional public on the need for cohesion and synergy between theory and practice when creating educational model, taking into account specific social condition, specifics and circumstances as well as the elimination of existing defects or anomalies. In this context the field of criminal law is a particularly important area that has a direct impact on the creation of the necessary preconditions for the protection of goods and values, and overall social environment as a basis for other human activities. Science criminal law in this segment deserves special attention, starting from the fact that each society and the state must ensure the protection of basic human values and resources of each individual.
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Autor naglašava da politički obziri kao svepsrisutni, ne smiju nadvladati razloge postojanja i funkcioniranja dobre uprave.The author of this paper deals with the presentation of the application contemporary model of policing, its role as a response to modern security challenges and threats, and on the other hand, the possibilities of abuse, either by the system, and the individual or group. The necessity of application of more modern models, and the risk of human rights violations registered the problem in which the author wishes to point out, especially in terms of the politicization of the police and intelligence apparatus, which can imply a categorical compromising the privacy interests of certain social groups, among which can be targeted by people, whose general civic, religious, political or other determinations was "undesirable" by the majority or a particular interest group. The sociological aspect of the application and monitoring of the work of contemporary model requires serious application and emphasis on the importance of the code of ethics by which objectives are to be determined in the personnel policy of persons entrusted with tasks strictly confidential and de-politicization of state institutions of this type.The author points out that the personnel policy that is politically motivated in administration of these institutions is carried abuse, by collective interests, replaces the narrow interests being adversely affected by two fundamental principles: deprofessionalize administration and performs endangering civil and human rights. The author stresses that political considerations as all present shall not prevail against the grounds of the existence and functioning of good governance.
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Enver Djuliman came to Norway in 1993, as a refugee from the war in Bosnia-Hercegovina. Employed by the Norwegian Helsinki Committee, for the past 20 years he has been teaching human rights and reconciliation in the Western Balkans, Aserbajdsjan, Georgia, Armenia, Russia, Ukraine and Belorussia. Based largely on his own background and experience, he has now published his book Reconciliation – signs along the way. His objective is that the book may be a resource to understand the complicated path towards peace and reconciliation in former traumatized societies.
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The normative theory of law developed by one of its greatest pre-war supporters, František Weyr,has been the result of a critical analysis of the previously dominant forms of legal research. The Czechphilosopher of law addressed in a polemic manner several assumptions of the so called traditionalstudy of law. He paid much attention, especially, to the concept of the state. Because of the philosophicalfoundations of his theory and his methodological carefulness, Weyr followed a monistic conception of the state and law. This fact determined his specifi capproach to state sovereignty (normativeorder), different from that proposed by Georg Jellinek and Jiři Pražák. The founder’s of theBrno neo Kantian school of law approach to the concept of sovereignty was associated with his supportfor a monistic idea of international law and state law, along with the notion of supremacy of internationallaw. The negation of the sovereignty of the state normative orders lent the Weyr’s theorya pacifi st dimension and contributed to implementation of his political thought.
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In the Fifth French Republic, legal norms of a constitutional rank are rooted not only in the text ofthe Constitution, but also in the acts referred to by its preamble. In it and there is, among others, a referenceto the preamble to the Constitution of the Fourth Republic, in which, in turn, one can fi nd thereference to “fundamental principles recognized by the laws of the Republic.” This concept for thefi rst time appeared in the jurisprudence of the French constitutional court in the decision of the ConstitutionalCouncil of 1971. Since then, there have been 11 times that the Constitutional Council attributed— in its case law — the rank of fundamental principle to certain legal principles. Unfortunately,there are indications that the conclusions of jurisprudence and findings of legal theoristsconcerning the way of identifi cation of these principles only partially dispelled doubts as to the indeterminatenature of the term and, therefore, defi ning the fundamental principles still largely dependson the arbitrary decision of constitutional judges. The position of the “fundamental principlesrecognized by the laws of the Republic” in the hierarchy of sources of law is not entirely clear. Thereare divergent opinions among the French constitutionalists as to whether there is an inner hierarchyof constitutional rights, and if so, what is the position of basic principles. From this it follows that inFrance it is possible to declare the unconstitutionality of laws due to their incompatibility with unspecified fundamental principles not ensuing directly from the text of the Constitution, whose placein the hierarchy of sources of law is the subject of dispute.
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The criteria of the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (hereinafter: Regulation) concerning the jurisdiction in the matters of parental responsibility differ from the criteria adopted in domestic law. First, this applies to situations in which the ancillary matters relating to parental responsibility are connected with the divorce proceedings. The specificities of these proceedings of domestic law are also peaceful resolution mechanisms. The peaceful resolution mechanisms should precede the seising of a court, which opens the question of the definition of “seising of a court” in the system of the jurisdiction established by the Regulation. The aim of this paper is to analyse the rules of the (international) jurisdiction for the ancillary proceedings on parental responsibility. The practical issues that arise from the implementation of the Regulation are also discussed. At the time of writing, the Proposal for a recast of the Regulation was published, in which certain interventions in the system of jurisdiction in the matters of parental responsibility are made. The procedural consequences of the revised rules on jurisdiction in the matters of parental responsibility are also analysed in this paper.
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Review of: Barak, Aharon, Ljudsko dostojanstvo kao ustavna vrijednost i kao ustavno pravo, Cambridge University Press, 2015
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Legal analysis of the Brussels Agreement showed here that this document despite of the significant number of interstate elements, still cannot be interpreted clearly as an usual international agreement. It turned out in the analysis that the one basic or fundamental legal element to interpret this act as an international agreement is apparently missing. The one component missing here is an implicit consent (as well as expressly given consent) that this is an international act, and in that way particularly it has been concluded that without such an essential element Brussels Agreement cannot be characterized as an international treaty. Furthermore in the same context, it is missing in that act an implicit (as well as explicitly given) consent from Serbia to recognize another entity as a state with an international juridical personality, as well. Thus, legally considering, there was no any de jure nor de facto recognition from Serbia in that mutual act. Here the principle(s) of Bona Fides also implied (and formulated) that the basic element for such recognition is an essential necessary consent and demonstrated will for recognition (from Serbia), provided without doubt. On the other hand, one can still observe that the Brussels Agreement represent an legal act apparently rich of international legal elements. That act, as noted in the presented analysis, constitute international legal precedent or as one can put it precedent of quasi- international contractual law or virtual quasi- international act. It can be most likely be described as a political arrangement suitable for different interpretations depending on sides involved in the process and parties in the contract-arrangement itself. Apart from its juridical character, and apparent loss of Serbian authority in the Kosovo and Metohija, it was finally concluded that the agreement still opens up some opportunities to Serbia at the United Nations for struggle against further recognitions and membership aspirations of „Kosovo„ in the United Nations.
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Being key political institutions in contemporary world, states are most important, and most influential political actors who interact with technology and technological development. Relationship between state and technology is, and through history always was, a complex one. There are strong arguments that technology played a crucial role in formation of both ancient empires and modern states. Similarly, state has continuously been major regulator and consumer of technology, and these types of engagement were instrumental for shaping of technology by the state. First and most important role of the state is in providing legal framework for technological development. Although position of the state as chief regulator of technology is to some extent challenged by international institutions, national laws and regulations are still main source of technological standards. There are three main branches of law that deal with technology and its consequences: patent law, occupational safety legislation and environmental law. Another way for state to directly engage in technological development is financing scientific and technological research and consuming technologies. Research and development are today seen as possibility to provide economic advantage and prestige in international relations, while by funding universities state provides qualified workforce necessary for smooth functioning of modern technological systems. As a consumer, state is able to crucially shape certain branches of technology, primarily in defense and security sector, but its engagement is also frequently inevitable in construction of large infrastructural projects. Finally, state is expected to deal with unintended consequences of technology. Unexpected consequences stem from our imperfect knowledge and predictive capabilities, and therefore can never be completely avoided. When technologies have negative effects, either material or social, state’s responsibility is to provide “equal distribution of risks”. State activities in this area can be preventive or reactive. In the first case, state could delay implementation of new technology until further information about its impact is obtained. In second case, what states do is damage control, and learning from experiences. Review of contemporary scientific research of relationship between state and technology shows that there is a wide gap between micro and macro level of analysis. While constructivists tend to focus on detailed micro- level case studies, technological determinists are more likely to adopt top- down approach and offer macro- level explanations. More comprehensive theoretical framework should be developed in order to overcome this obstacle.
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The aim of this paper is to present the discussion on normative models of the pro-EU interpretation of national law in Polish jurisprudence. The European Court of Justice drew only general assumptions concerning the pro-EU interpretation, and left the Member States free to choose the methods of its implementation. The author analyses the proposals of the models described in the science of European law as well as in the theory of law, and on that basis comes to the conclusion that a universal and consistent model that would ensure full realization of the EU law objectives regarding the pro-EU interpretation has not yet been developed.
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The paper presents the interpretation of grounds for repealing a resolution of a capital company (private and public limited) in the event of a conflict between such resolution and the company’s articles of association (statue), good practice, or when the intent of the resolution is contrary to the company’s interests or to the detriment of a shareholder,based on the views of representative legal doctrine and court rulings. These opinions are then confronted with views presented by legal theorists as well as the developments and changes of their interpretation in selected jurisdictions.
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