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In spite of the abundant information regarding Albania’s struggle from transition towards the integration into the European Union, envisioning common international justice affairs still remains insufficient and it seems that any close connection to the international criminal courts and tribunals has been largely ignored. This paper gives a picture of the alleged ‘internationalisation’ of the witness protection legislation and touches two aspects: firstly, the issues of the current legal framework in relation to procedural and non-procedural witness protective measures and challenges to ensure their effectiveness and secondly, the incorporation of new provisions in the domestic laws related to the best practices on support and assistance for witnesses at international and regional levels. In order to comprehend Albania’s compliance with the Rome Statute of the International Criminal Court and other European legal instruments, an analysis of official documents was carried out, and a range of interviews were performed with staff of the International Criminal Court, the Courts of Serious Crimes and a District Court in Albania. This study draws conclusions and develops a set of recommendations on the steps that Albania has to take in relation to providing adequate protection and assistance in support of witnesses testifying in serious crimes cases.
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The article “The Bank Guarantee Trough the Court Practice” is a study of the bank guarantee regulation in the Bulgarian legislation and the Subsidiary Application of the Uniform Rules for Demand Guarantees 2010 revision, ICC Publication No. 758. The bank guarantee is considered as a complex of legal relations between the orderer, the issuer and the beneficiary. Explained is the importance of the bank guarantee as a document and a unilateral transaction of the issuing bank. The emphasis is on the payment of the bank guarantee and the right of objection by the issuing bank. The specific features of the individual types of bank guarantees are analysed. A distinction has been made between the letter of credit as a form of payment and the bank guarantee as a form of security. The entire article contains a critical analysis of existing national court practice (case law).
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In the article Bank Insolvency Characteristics the Bank insolvency is presented as a liquidation proceeding which is heavily influenced by the Central Bank supervisory, restructuring and regulatory functions. The Deposit Insurance Fund powers exercised over receiver have their own administrative impact upon the insolvency procedure as well. The most efficient way for ending the insolvency proceeding is a sale of the failed bank to another bank.
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It is a very well-known fact that European Union is facing various challenges. Brexit is one of them, and it presumably is among the most serious ones. Brexit has been, is and will be for some months, or perhaps years, one of the weak points of the European Union.
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The article addresses the matter of the re-use of public sector information, new regulation in Poland that came into force in 2016 as a result of the implementation of the Directive 2003/98/WE. The article presents definitions of re-use and public sector information, and also shows detailed explanation of the legal construction of principles governing the re-use in Polish law.
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The right to effective judicial remedy protected by Article 47 of the Charter of Fundamental Rights encompasses a right to a hearing. Although local and regional governments are direct addressees of EU law and very often they are directly responsible for the implementation of EU law, their locus standi under Article 263 TFEU situates them among unprivileged applicants. This regulation does not seem sufficient from the standpoint of the right to effective judicial remedy. The Lisbon Treaty included the Committee of the Regions to the group of semi-privileged applicants but this does not mean that it could play the role of intermediary between the local and regional governments and the Court since the Committee can only challenge the legality of secondary EU law where its own prerogatives are impaired. Thus the Lisbon amendment cannot be considered a remedy to the deficit of locus standi suffered by local and regional governments. This contribution deals with this problem and proposes the possible ways of overcoming it – through changes to the present interpretation of the Treaty, alternatively by means of amending the Treaty or amending national law.
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The autonomy of the local government is one of the widely described in the professional literature subject. Whereas, the attention is seldom put on the symptoms of lawlessness and illegality of actions made by the local government authority. In practice they can take a form of groundless demands, which are directed into the parties, which are soliciting the right for something in the form of administrative decision. This study concerns, in particular, demands of building-architectural administrative authority, asking to enclose in the proposal for the building permit (within 7 days, counting from the day of the delivery of citation) the final administrative decision about excluding of lands from agricultural production. In spite of their illegality, the investors fulfill such demands for fear of being dragged on the administrative proceedings and for fear of negative decision of their proposal.
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The right to freedom from torture and other forms of ill-treatment enjoys a high level of protection in international human rights law and falls into a group of the so-called absolute or non-derogable rights, which are exercised with no deviations or exceptions. Given the significance of the prohibition against torture, the provisions of the United Nations Convention against torture about the prosecution of those who engaged in the acts of torture are of manifold importance. The UN Convention against torture is the first international human rights instrument binding upon Member States, requiring them to establish universal jurisdiction over all cases where the alleged perpetrator of the acts of torture resides in the territory under their control. This paper analyzes the Convention's most important provisions concerning the issues of jurisdiction and prosecution of those carrying out torture.
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Crises in public procurement are becoming more frequent bearing in mind the security threats, climate change, and other similar challenges. Crisis is currently affecting the various entities and institutions, including the contracting authorities in public procurement. The importance of crisis decision-making and learning from the mistakes made during the crisis situation becomes imperative in the modern public procurement system. This paper treats the specific problems of public procurement procedures in crisis situations through the lens of case studies, procurement of works of rehabilitation equipment substations certain contracting authority from Bosnia and Herzegovina, which arose as a result of natural disasters - floods of 2014.
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Judicial profession in the contemporary world is facing unprecedented challenges: its growing importance in the society; integration of the international law into domestic legal systems; development of new forms of crimes and different issues related to the intense global flow of people and finances. Additionally, a multi-level legal order of the EU is creating a unique task for the judges in the member-states and in states aspiring tobecome members. Consequently, the need for systematic and intense education of judges was recognized as a necessity, even formally in the Treaty of Lisbon. Given that this subject is insufficiently researched and due to limited academic sources, this paper is mostly based on research of primary resources. This article provides a short overview of the development of general principles of judicial education under the auspices of the UN and CoE documents. Secondly, focus is shifted onto the EU standards, established through the formal documents and functioning of the EU institutions and bodies. The situation in said field in Bosnia and Herzegovina is explained, with an emphasis on pre-accession demands and challenges. Finally, the paper encompasses proposals for and concrete and feasible steps that can be taken in the direction of reaching the described EU standards, which is actually the main aim of this paper.
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The doctrine of law is one of the most important and fascinating problems of legal science. In some legal systems, the doctrine remains a significant source of law. It means that the doctrine of the law goes beyond the scope of scientific problems and has practical value. However, many aspects of the doctrine of law remain highly controversial and ambiguous. To them we can include, among others, its constitutive features, which enable us to distinguish the legal doctrine from other sources clearly. Legal conditions constitute one of the most popular trends of doctrinal research in contemporary Russian literature on legal issues. The ambiguity of the term "doctrine" refers to different approaches that should be considered. This determines the timeliness and necessity of further research on legal doctrine.
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The aim of the article is to indicate some of the axiological problems faced by the legislator in the law-making process. They are clearly visible in those legal regulations that are introduced in response to crisis situations. The presented example – terrorist attack by hijacking a plane – is not only used to demonstrate dilemmas which in this situation must be settled by the legislator preparing relevant legal provisions, but it is also a pretext for enriching the discussion on the axiological aspect of the law. The article focuses on the so-called natural helplessness of law in axiological matters, law inflation and the problem of responsibility. The author concludes that issues indicated in the article cannot be solved in the light of current Constitutional Court’s judgements, which are treated as a reference point of the discussed issues.
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The main objective of this paper is to analyze the actual process of harmonization and convergence of economic criteria in Macedonia in light of access to the European Union. Therefore, this paper will explain the economic criteria that need to be seen in the context of the increasing importance of economic governance in Macedonia on its path towards the European Union, and it will propose necessary reforms in this segment.The paper consists of 4 parts. The first part of this paper presents an introduction to the framework that will explain the subject of research, while the second part focuses on the existence of a functioning market economy in Macedonia within which we analyze: the economic policy essentials, macroeconomic stability, the interplay of market forces, market entry and exit, the legal system, and the financial sector development. The third part of this paper explains the capacity to cope with competitive pressure and market forces within the European Union, and in this part of the paper we analyze: the human and physical capital, sectoral and enterprise structure, state influence on competitiveness as well as the economic integration and convergence with the European Union. Finally, in the fourth part of this paper conclusion, we are giving our basic conclusions that will arise from our paper and we recommend the necessary reforms aimed at the promotion and fulfillment of economic criteria in Macedonia on its road to the European Union.
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In this article a description is given of the development of the criminal law of evidence between 1750 and 1870. This period saw the transition from a relatively rigid system of legal proofs which predetermined when there was sufficient evidence for a condemnation, to a system based on the free evaluation of the evidence by either professional judges or lay jurors. The reform of the criminal law of evidence, furthermore, formed part of a more general reform of the criminal procedural law which is commonly designated as the change from the old ‘inquisitorial procedure’ to the modern ‘reformed criminal procedure’ (reformierte Strafprozess) or Anklageprozess. It is the central contention of this article that the reform of the criminal law of evidence can, to an important extent, be explained by two larger underlying ideological changes. These new ideas derived from a change in the epistemological and the political-constitutional discourses between the seventeenth and nineteenth centuries.
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Major economic and political problems within Germany led to a banking crisis in the summer of 1931, the causes of which were addressed initially by emergency decrees, later by a committee of enquiry, and finally through the German Imperial Banking Act (Reichsgesetz über das Kreditwesen) of 5 December 1934, which remains a milestone in German banking supervision. This law introduced, inter alia, new provisions for legal and administrative sanctions as well as criminal penalties which went considerably beyond such previously existing provisions. The paper examines the evolution and enactment of these provisions in German banking law, considering not only their roots in the banking crisis and emergency decrees of 1931 but also the subsequent committee of enquiry of 1933/34 and the various precursors and drafts which preceded the final law.
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The law of police contraventions (Polizeistrafrecht) in the 19th century is “terra incognita” of legal history. Using Germany as an example, this article is intended to demonstrate that statements on the scope of punishment remain imperfect without consideration of the law of police contraventions. The article addresses the astonishing extent of penal power by the police in the first half of the 19th century as well as fundamental criticism by liberal scholars of criminal law. Most notably, in view of Paul Johann Anselm Feuerbach, the article reveals that a theoretical distinction of “police wrong” and “criminal wrong” failed. The article presents a first overview of an undeveloped field of study and is intended to stimulate more detailed research.
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The purpose of the paper is to define cameralism and political sciences in the context of the second half of the 18th century in the Habsburg Monarchy considering in particular the lands of the Bohemian Crown, to characterise enlightened absolutism and to describe the ideational background and the formation of the scientific basis at the universities of Vienna and Prague. The paper shows that the basic thesis of cameralism that the welfare of the state depends on good and complete legislation, precise compliance with laws and educated civil service in combination with the enlightened philosophy formed the foundation of the modern codification efforts, the formation of tertiary education in economics and administration, legislative regulation necessary for economic welfare of the state, populationism and agricultural reforms. The political sciences, reflecting in terms of content and form the enlightened absolutism, became the theoretical foundation of the reforms of Austrian monarchs Maria Theresa and Joseph II.The paper introduces in more detail the professor and Hofrat, Joseph Sonnenfels (1733–1817) from Vienna, Joseph Ignatz Butschek (1741–1821) from the Prague University, and some of their economic ideas which reflected in the reforms and measures of Maria Theresa and Joseph II. The paper focuses on agriculture and the proposals for dividing land into lots, the so called Raabschen System, and the formation of Grain contributory fund.
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The study presents opinions on the liability for crime with unintended results formed before 1848 in Hungarian criminal jurisprudence and codification. It analyses the four tendencies (dolus indirectus, culpa dolo determianata, aggravation, transient category) of German criminal law, which was used as a model in the literature of Hungarian criminal law published from the middle of the 18th century to 1848 (manuals, studies), as well as in textbook manuscripts and bills. The transient category does not occur among these, and aggravation can only be found in one bill (1843). The wide-spreading of Feuerbach's theory started with a textbook manuscript in 1813, and it has become known and at least partly accepted by every author since 1820.
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This paper studies the social and legal background of public constructions of antique Rome in the era of the Roman Republic. Being a financial lawyer, I was intrigued to find out more about the ancient rules of using up public funds and what corruptive and cultural influences shaped these procedures. I was also interested in finding similarities between past and present public procurement practices. In my work, bedsides the original sources, I used the monographs and summative studies of contemporary authors as well as my own expertise acquired as a public procurement consultant.
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