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abortion, democracy, transformation, socialism, Church, June ’89, discourse, censorship
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offending religious feelings, democracy, Rainbow Madonna, separation of Church and state
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mobility regimes, colonialism, tourism, migration, refugees, anthropology of colonial heritage, postcolonial perspective, India
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The article is the second part of the work devoted to the academic profile and views of Jan Kanty Rzesiński – a Cracovian lawyer who was vigorously engaged in research on Roman law, Polish legal history, and legal philosophy in the first half of the 19th century. Despite his academic interests, J.K. Rzesiński was not working at the Faculty of Law of the Jagiellonian University for most of the time. In the first part of the article, the author discussed J.K. Rzesiński’s curriculum vitae and his works on Roman law. The objective of this the second part of the article, is to examine those of remaining literary works that dealt with law (the translation of Processus iuris civilis Cracoviensis, articles on obstagium in lieu of securing creditors rights in the old Polish law, articles on language and jurisprudence, and articles on the relations between legal history and philosophy of law) as well as his views against the epoch and the Cracovian academic milieu.
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By the end of December 2002, the Czech EU Council presidency came to an end. Czechia was holding the rotating Council presidency for the second time and like in 2009 its presidency trio was rounded out by the preceding French presidency and the following Swedish one. The key difference between the two Czech presidencies was the changed institutional context. While the 2009 presidency took place on the verge of the entrance into force of the Lisbon Treaty, the Treaty nevertheless only came into effect in December 2009, a couple months after the Czechs passed the presidency baton to the Swedes. The 2022 Czech presidency was thus the first that the country held under the Lisbon rules. These rules curtailed the role of the rotating presidency in terms of presiding over the European Council as well as the Foreign Affairs Council. Most importantly, the practicalities of the Czech presidency were affected by the suddenly changed international context following the Russian aggression against Ukraine. The Czech presidency as well as the presidency trio had to revise their priorities and the entire EU was primarily focused on the war in Ukraine and its consequences. This special forum containing seven articles provides an early analysis that engages the existing scholarly literature on the performance of Czechia at the helm of the EU.
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The insertion of “resiliency of democratic institutions” into the five key priorities of the 2022 Czech presidency indicates a political commitment to focus on the rule of law agenda. The following text aspires to map the practice of the Czech presidency in the domain of democratic institutions and rule of law and explain the reasons behind its (in)ability to deliver the expected outcomes. Firstly, the article analyses the specifics of the EU regulatory framework for the rule of law, and the impact of the Czech internal political situation after the 2021 parliamentary elections on the presidency’s performance. Secondly, the text covers four key policy issues that required the presidency’s attention in the second half of 2022: the evaluation of the judicial systems of member states, the formation of new EU rules for media freedom and the fight against disinformation, the amendment of the EP election process, and the judicial response to the crimes committed during the Russian invasion of Ukraine.
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The theoretical and practical difficulties in using criminal law measures against law enforcement officers who exceedpower or official authority are studied here. The types of law enforcement agencies of Ukraine are clarified, and the signs of divisionof their system are described. The criteria for determining the status of law enforcement officers are established, and the featuresthat distinguish an official from the support staff are emphasized. Finally, the most common disadvantages enshrined in theCriminal Code of Ukraine in terms of liability for abuse of power or official authority by law enforcement officers are analysed. Theconcepts of law enforcement officers, persons carrying out law enforcement activities, persons endowed with law enforcementpowers, executors of law enforcement functions and the meaning and instances of their application in domestic legislation arealso investigated. In light of the study results and the requirements of current criminal law, including the positions of criminal lawscholars, suggestions for possible ways to eliminate existing regulatory shortcomings are provided
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The author analyzes the exhaustion of the trademark in the European Union. The subject of the analysis will be the provisions of the primary sources of EU law, the provisions of secondary sources of EU law, as well as the practice of the European Court of Justice.EU Member States have a national trade mark protection system and at EU level there is a regulation establishing a supranational trademark protection system. Parallel existence of these systems and their application in practice must be harmonized in such a way as to enable the smooth movement of goods and services in the internal market. The institute is the exhaust of the trademark is a form of legal restriction on the subjective right of the trademark holder. Since the national exhaustion of the trademark clears the internal market to the extent that there is a Member State in the EU, a system of regional exhaustion of the trademark has been introduced.
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Presidents in parliamentary regimes are generally less powerful in their competencies and serve more as moderators of political disputes rather than as the main actors of executive power. Despite this, they can often appear at the edge of constitutionality in the performance of their powers. In Central Europe, it is the President of the Czech Republic who finds the greatest discrepancy between written and politically practised powers. Constitutional actors can bring a constitutional lawsuit, a competence lawsuit, or activate against the president Article 66, transferring the performance of certain duties to the other constitutional actors. Often, however, these instruments are not used. Semi-structured interviews with experts (N = 6) in the field of constitutional law revealed to us that the Czech president has broader powers than the Constitution gives him because many constitutional actors do not file a lawsuit even if they had a significant possibility of winning. Our analysis also showed that there are some cases where the experts disagree among themselves such as on the appointment of the governor of Czech National Bank. At the same time, this work revealed the different approaches of the individual presidents in the situations studied.
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The article presents the procedure for the conclusion of peace treaties with the five former satellites of Nazi Germany after the end of the Second World War. The paper uses the methodology of the historical and legal analysis. The focus is on the accessible State Department archives for the Potsdam Conference of the Big Three, the first session of the Council of Foreign Ministers in London, and the December 1945 conference of the Foreign Ministers of the USSR, the United States, and the United Kingdom in Moscow. The negotiations between the three Great Powers leading to the decision to hold the Paris Peace Conference in 1946 are examined. Conclusions are made about how the USA, the United Kingdom and the USSR did not spare efforts to maintain complete control over the process without allowing other powers to interfere.
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The liberal professions are an essential component of any democratic society, with considerable potential for increasing employment and, at the same time, gross domestic product. The exercise of the liberal professions guarantees the smooth running of economic activities, and persons exercising the liberal professions must meet the highest professional and ethical requirements. The link between the liberal professions and the general interest also implies an ethical responsibility on the part of those who practise them, as they serve the rule of law while protecting the financial interests of their clients. In Romania, there is no uniform definition of the term "liberal professions" and, therefore, in order to unify and systematise legislation, a definition of the term "liberal professions" should be laid down in a separate legislative act, containing the general characteristics, establishing the various categories of liberal professions and setting out the general framework for the exercise of those professions. The regulation of the liberal professions must be compatible with European fundamental freedoms, in particular the freedom to provide services, freedom of establishment and freedom of movement.
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Citizens' trust in the online environment is essential for economic and social growth. Lack of trust, caused in particular by the public perception that the legal security of electronic documents is not ensured online, can make consumers, businesses and public authorities reluctant to transact electronically and to adopt new electronic services. To this end, has been adopted the Regulation (EU) No 910/2014 of the European Parliament and of the Council, also known as the eIDAS Regulation, h, which deals on the one hand with the electronic identification of natural and legal persons and on the other hand with the provision and use of trust services for electronic transactions in the internal market, namely electronic signature, electronic seal, electronic timestamp, registered electronic delivery service and website authentication. Electronic identification and trust services have countless uses for citizens (student mobility, opening a bank account, filing a tax return, etc.), businesses (financial services, online sales, professional services, transport, etc.) and public authorities. The European Commission has proposed that by 2030 at least 80% of European citizens should be able to use an electronic identification solution to access essential public services, for example through a European digital identity wallet, and that the list of trusted services should also include other categories of services such as electronic registers and electronic archiving.Thus, a proposal has been drafted to amend the eIDAS Regulation, which establishes a uniform framework for European digital identity, with EU Member States obliged to notify at least one electronic identification scheme to the European Commission within 12 months of the entry into force of the proposed amendments.
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In this paper, the author aims to analyse the types of crimes committed in cyberspace against creators and owners of NFT. Non-fungible tokens have been favored by the art world (also known as the crypto-art market) for a few years now. They attract numerous digital art creators and cryptocurrency investors. The token is recorded in a blockchain and is used to certify authenticity and ownership. Therefore, the art world is particularly interested in this solution. However, as practice shows, NFT isn’t flawless, and cybercriminals exploit its flaws. Using methods known from typical cybercrimes, they modify their modus operandi accordingly to the crypto-art market practice. In this paper, the author describes examples of breaches of copyright and intellectual property law, as well as examples of the forgery of NFT. In addition, other crimes, such as fraud and theft of NFT, are described. Types of those crimes are, e.g., bypass security systems, phishing, and installation of malware
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Reporting SAR to financial intelligence units is the performance of the obligations of the obligated institutions under the AML/CFT system. These actions are taken as a result of an individual customer/transaction risk assessment, as well as a countermeasure policy based on the analysis and assessment of institutional risk. Such structure of the behavior of the obligated institutions was to be a counterbalance to potential and actual perpetrators of money laundering and terrorist financing crimes. As a consequence, individually obligated institutions were to recognize the components of a broad chain of perpetration, legalization of funds originating from prohibited acts and constituting an element of camouflage of the source and beneficiaries of funds intended for terrorists. Over time, the ineffectiveness of this type of countermeasures began to be noticed, especially since the information provided to the financial intelligence unit was to a small extent positively verified and sent to the prosecutor's office as notifications of suspected crime. Subsequently, new counteracting schemes based on the participation of several obligated institutions and mutual exchange of information on negatively marked entities began to emerge. These concepts, despite the fact that they differ both in terms of content and technical implementation, constitute an important counterbalance to individualized analyzes of risk created and assessed exclusively in a particular, individualized obligated institution
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Cooperation with police forces of other countries and their international organisations as well as with bodies andinstitutions of the EU is the statutory task of the Polish Police, and simultaneously one of its priorities. Active participation of thePolish Police in international police structures is manifested by seconding its representatives to them. Representatives to INTERPOLand Europol play a special role in this respect. The legal situation of Polish Police officers serving in the structures of theseorganisations is regulated by both national and international law, and in the case of Europol – also by EU law. In the light of legalregulations currently in force, the legal status of Polish Police officers seconded to INTERPOL and Europol is not homogeneous,and the main difference results from the fact that persons serving in the INTERPOL General Secretariat are obliged to maintainfar-reaching impartiality and act only in the interest of this organisation, while officers operating in the Polish Liaison Officeat Europol (PLOE) may receive instructions from Polish services in the field of tasks they perform. However, despite the differences,there are also some common elements for the officers seconded both to the INTERPOL General Secretariat and to the PLOE, suchas the privileges and immunities necessary for such type of positions. Undoubtedly, another common element is the fact thatthey operate in the structures of entities that currently constitute the pillars of international cooperation of the Polish Police,significantly affecting the effectiveness of tasks performed by it
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Unlike the times when Moldovan state’s security was based on military power, today’s national security is basedon a central theme that is comprised of the values of the rule of law, good governance, and strong institutions that exist to servethe people, not a select group. We must follow this direction with uncompromising exactitude. Otherwise, we will live in anenvironment of insecurity that benefits the minority at the expense of the majority. One of the fundamental objectives of theEuropean Union is to create a space without internal borders, where people can move, live and work, with the firm belief that theirrights are fully respected and their security is guaranteed
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The characteristic features of urban social relations, processes and connections,including urban crime, are projected on the most significant segments of the population. Crimehas historically formed as an urban phenomenon, and with the development of social ties,it turns into a general social phenomenon. Urbanisation acts as a factor of criminalisation and,consequently, the process of victimisation of the population is expanded. The city acts as a ‘socialmagnet’, attracting urban and rural migrants, thereby ‘excluding’ the most active social groupsin remote areas. In turn, this contributes to the distortion of the social composition of thepopulation and the demographic situation, causing a gradual cultural degradation of the ruralway of life. In addition, the city attracts the criminally active part of the population from ruralareas. All these aspects constituted the research topic reflected in this paper
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The first codification of church law in the territory of the historically Czech lands, known as the provincial statutes of Ernst of Pardubice (Statuta provinicialia Arnesti), was issued in 1349, with validity for the entire Prague archdiocese. The Statute applied not only to the clerical and lay population, but also to Jews, for whom special rules and restrictions applied. The regulation of the legal and social life of the Jewish population is explicitly dealt with in three provisions (Articles 66-68), which mainly regulate the contact of Jews with Christians and their rights and obligations in public. Many of these prohibitions and regulations are based on papal decrees approved by the ecumenical councils, the text of which was reflected in the Decretals of Gregory IX and subsequently in the Mainz Statutes of Peter of Aspelt of 1310. The roots of these restrictions, however, in most cases go back to antiquity. This concerns, for example, the prohibition on hiring Christian nurses, midwives and servants; Jews were also not allowed to participate in public life, to build new synagogues or to improve existing ones. These measures were introduced by the Roman Emperor Theodosius II as part of the gradual process of Christianization of the Eastern Roman Empire. Although the legal provisions of the provincial statutes of Ernst of Pardubice imposed many restrictions on the Jews, this fact, on the other hand, was to some extent counterbalanced by protective provisions that prohibited laymen and Christian clergy from disturbing Jewish religious rites, destroying their graves, and arbitrarily punishing them without the existence of a relevant legal title.
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The paper reviews the legal status and the system of self-government of Budapest in the Bourgeois Period. Budapest was created by the administrative merger of three cities - Pest, Buda and Óbuda – pursuant to Act XXXVI of 1872. In said period, the status and administration of the capital city were governed by separate laws. This was an expression of the special attention paid by the government and the legislature to the country's dynamically developing capital. During the existence of the Austro-Hungarian Monarchy between 1867 and 1918, liberal principles were the main determinants of the capital's legal status and administrative system. One of the typical institutions of this period was the general assembly, the guarantee of municipal autonomy: half of the membership was elected by the eligible population and half from among the ranks of the highest taxpayers. At the same time, Budapest's status as the capital of Hungary has led to a narrowing or even complete exclusion of the local government's room for maneuvers in certain areas. However, the centralizing administrative policy objectives of the national conservative government of the inter-war period resulted in the gradual crippling of self-governance.
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