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The Problems of Collective Rights in the Protection of National Minorities

Author(s): András Bethlendi / Language(s): English Publication Year: 0

Two centuries after the French revolution, we start to contest one of the most important heritages of it, the legitimacy of nation-states. The liberal tradition seems to be very tolerant of the assimilative tendencies of the well-known symmetry-based formula: one country – one nation, which is, in most cases, far from reality. We can also see that in the majority of the armed conflicts after the cold war the reason is the self-government aspiration of an ethnic minority group, the attempt to reach an equal status with the ethnic majority. Why are liberalism and nationalism so compatible with each other? Is the nation-state able to rise to the challenge of multicultural society, or should we step forward for a better solution? Can we fulfil the requirement of equality and individual liberty without collective rights? These are the questions that I am seeking the answers for.

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Being in Minority or Majority? The Transylvanian Party in the Hungarian Public Life Between 1940 and 1944

Author(s): János Kristóf Murádin / Language(s): English Publication Year: 0

This paper deals with an unfairly forgotten party, trying to give a thorough picture of the Transylvanian Party which collected the Hungarians from Northern Transylvania together. There have been many attempts to hold the Hungarian community together and represent it politically after breaking away from Hungary in 1920. These attempts are already known today but not the activity of the Transylvanian Party between 1940 and 1944. This political configuration was the only Hungarian party from Transylvania in the last century that activated within the frame of the Hungarian State. It is thus a unique political party that was founded in the period when Hungarians represented the majority, but its operating mechanisms, its objectives and instruments had a ‘minority’ character going beyond regionalism, being an organic part of the Hungarian national political life. Its main objective was to hold the Hungarians of Transylvania together, to represent the Transylvanians in the Hungarian Parliament and to mediate between the local Romanian, German and Jew nationalities and the Hungarian government. The Transylvanian Party tried to reach a dominant position in the region in order to stop the expansion of the Hungarian, mainly extreme, right parties in Transylvania, and became the most comprehensive party in Transylvania. Among the 1,340,000 inhabitants of Northern Transylvania, 243,500 were active members of the party in 1942. My discourse concentrates on the founding, the building up of the party structure and the analysis of the party programme, with special focus on the basic conception of the party regarding ethnic problems in Transylvania. I also deal with the opinion of the Northern Transylvanian Hungarian community regarding this political configuration. At the end, I sketch in the cessation of the party and its intellectual legacy, which is relevant and useful even today.

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Ethnic Structure and Minority Rights in the Inter-War and Post-Soviet Estonia and Latvia

Author(s): Ádám Németh,Áron Léphaft / Language(s): English Publication Year: 0

The Baltic region plays the role of a special macro-region on our continent: it constitutes a bridge, however, sometimes a wall and fortress between Northern, Eastern and Central Europe. For hundreds of years, this peculiar geostrategic position has been determining the everyday life of the area’s inhabitants; thus, one of the oldest and most typical ‘geopolitical buffer zones’ as well as ‘ethnic contact zones’ is located here. During the 19th-20th centuries, an almost unexampled mix of ethnic groups lived in this area; little wonder that managing minorities was a serious challenge for the small independent Baltic countries during the inter-war period and it is one of the most serious challenges in the post-Soviet Baltics as well. The ‘journey’ of Estonia, Latvia and Lithuania from former Soviet republics towards European integration is disturbed by economic, political, social as well as ethnic problems, which first of all bear a relation to the Slavic minorities; remnants of a lost empire, the Soviet Union. As few decades before, the answers of these small countries to the similar questions are very different. For example, while the Estonian Cultural Autonomy of Ethnic Minorities Act (1925) was the first of its kind in the whole world and internationally recognized as a successful endeavour to protect the cultural autonomy of ethnic minorities, the Lithuanians were at war with the Poles because of Vilnius occupied by the Polish army in 1920. Since this region is still one of the ethnically most heterogeneous areas of Europe, the minority policies of – particularly – Latvia and Estonia are located constantly in the lime-light and are very often criticized by not only Russia but the European Union as well. The study seeks the answer when and how the ethnic structures and the minority policies evolved in the Baltic States during the first and second independence periods. Why did these countries apply different solutions in the case of similar challenges? Which are the most important lessons to be learned for the Central European minority policies?

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Between “Independence in Europe”, a “Europe with a Hundred Flags”, and a “Europe of” or “with the Regions”. Conceptualising the Relation between Stateless Nations and European Integration in Western Europe (1945–2010)

Author(s): Klaus-Jürgen Nagel / Language(s): English Publication Year: 0

Representatives of stateless nations in Western Europe have usually (but not always) taken positive views on European Integration but defend different standpoints on the role of their nations in this process. My paper describes the history of conceptualising the relation between the stateless nations and the process of European integration in Western Europe since the Second World War, looking for continuities and discontinuities. The starting point is the West European Europeanist movement. Under the influence of Proudhonian federalism, the “personalist” movement provided a first understanding of a “Europe of the regions”. The second chapter deals with the development of a “Europe of a hundred flags” (Yann Fouéré), that is the development of an alternative to the European Economic Community from the standpoint of stateless nations, different from the regions and substituting the old states. During the sixties and seventies, the “revolt of the province” brought a new understanding of this relation: In the framework of a protest movement against capitalist and state-controlled European integration, the fight against “internal colonialism” provided leftist nationalist groups in some stateless nations with a (partially) new ideological framework, defending alternative concepts of European integration. These ideas afterwards linked with green “small is beautiful” ideas (Leopold Kohr) of a bottom-up process of European Integration that would be based on the regions. However, the governments of the European Regions took up a very different approach in order to achieve regional inclusion in the institutional framework of the newly founded EU. This movement in favour of a “Europe of the regions” was partially successful. However, the Maastricht and post-Maastricht institutional structure and political practice can be probably better described as a “Europe with the regions”, where stateless nations do not find the asymmetrical recognition they claim. As a reaction, concepts of a “Europe of” (autochthonous) “ethnic groups” were developed at the far right of the party system (Vlaams Blok), while some of the nationalist movements of stateless nations formulated “independence in Europe” as their new goal, and thereby returned to the idea of the nation-state, albeit in the inclusive framework of a new European Union.

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Minority Regimes at Work – Hungarian Experiences on the Interrelated Complexities of Data Protection and Minority Protection

Author(s): Balázs Majtényi,András László Pap / Language(s): English Publication Year: 0

Looking at the regulatory context of the Republic of Hungary, this essay proposes to examine the relationship between the protection of sensitive data and protection against violations of minority rights, on the one hand, and the free flow of ethnic data, which is required for the unimpeded provision of additional rights, on the other hand. In other words, we attempt to identify cases where a conflict between various fundamental rights may arise, as well as the circumstances in which placing restrictions on the right to the protection of personal data may be justified in the interest of making a distinction between the fundamental right associated with the prohibition of discrimination and the preferential treatment (affirmative action or reverse discrimination) of disadvantaged groups, as well as in order to uphold the constitutionally guaranteed rights of national and ethnic minorities. Such cases often harbour a conflict between even more fundamental rights than those mentioned above, but the only lawful objective of any restriction is the protection of subjective fundamental rights. In cases of preferential treatment, however, the restriction is invariably based on the consent of the subject.

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Околности, услови и исходи конституционализације Босне и Херцеговине

Author(s): Radomir V. Lukić / Language(s): Serbian Publication Year: 0

Constitutionalism is a theory and practice of institutional limitation and control of state power, a barrier to the emergence of an omnipotent, unlimited, arbitrary and uncontrolled state power. After presenting the basic assumptions of constitutionalism, the article examines the extent to which the existing written Constitution of Bosnia and Herzegovina provides institutional mechanisms for limiting state power, and the extent to which its “living” constitution does the same, considering the fact that the latter’s essence lays in the unconstitutional and supra-constitutional bodies such as the Peace Implementation Council, its Steering Committee, as well as the High Representative and his Office.

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Конституционализација начела подјеле власти у Уставу Босне и Херцеговине

Author(s): Goran Marković / Language(s): Serbian Publication Year: 0

The analysis of the content of the constitutionalization of the principle of separation of powers in the Constitution of Bosnia and Herzegovina is important not only for giving a theoretical answer to the question of the system of state power which is prescribed by this constitution, but also for understanding the essence of relations between the political institutions of Bosnia and Herzegovina. The goal of this research is multiple. First, the constitutional framework for mutual relations of political institutions has to be analyzed, in order to answer the question whether their normative relationship is based on the balance and equality, or on the hierarchy.Secondly, the analysis of constitutional and other legal norms should point out their good and bad sides, i.e. point out the omissions made by the constitution-maker and the legislator. Apart of the analysis aims to make proposals for changes in the constitutional and legal norms. Third, the analysis can not be only the constitutional but also the political one. The analysis starts from the understanding that the principle of separation of powers often turns into its opposite, which, as a rule, is reflected in the de facto supremacy of the executive. Political analysis should provide an answer to the question whether this is the case in the relation to the political institutions of Bosnia and Herzegovina, which of them is dominant, and how the dominance is reflected. To answer these questions, we have to analyze the functioning of these institutions in those segments that are important for their relationship. The author concludes that the Constitution of Bosnia and Herzegovina constitutionalizes the semi-presidential system of government. The head of state has significant competences,especially in the field of foreign policy, but there are also means of influencing the legislature.Certain features of the semi-presidential system are missing, such as the right of veto and powers in extraordinary circumstances, but these facts cannot call into the question the previous conclusion, because other features of this system are present.

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Људска права у Босни и Херцеговини (кроз призму односа Устава Босне и Херцеговине и Европске конвенције за заштиту људских права и основних слобода)

Author(s): Sanja Kreštalica / Language(s): Serbian Publication Year: 0

The European Convention on Human Rights occupies a significant place in the legal system of Bosnia and Herzegovina. Its significance and legal force in the internal order of Bosnia and Herzegovina derive from the Constitution itself. However, the constitutional rules are not clearly defined. The main dilemma that the paper points out concerns the rank that the European Convention on Human Rights has in the hierarchy of legal acts in the legal order of Bosnia and Herzegovina. The dilemma is mainly reduced to the question whether the Convention has a supra-constitutional character, or it is an act of greater legal force than the law, but less than the Constitution. This issue, which is extremely important, has so far received insufficient attention in scientific circles. Although it is unique in Europe in terms of its solution, numerous studies on the status of the European Convention in the internal legal orders of the signatory states do not pay enough attention to the solution in Bosnia and Herzegovina. Therefore, emphasizing the importance of the Convention in the internal order of Bosnia and Herzegovina, the author seeks to contribute to resolving the controversy over the interpretation of the Constitution of Bosnia and Herzegovina and its relationship to the Convention. Analyzing the disputable parts of the Bosnia and Herzegovina Constitution, and the arguments of two groups of theorists who observe the relationship between the Convention and the Constitution exclusively from the internal, constitutional aspect, the author concludes that when one tries to find the answer to this question it is necessary to consider the effects of the ratification. Our goal is to show that on the line between the two extremes to which the domestic theory is prone, there is still a solution that is closest to the Austrian model, and according to which the European Convention in the domestic legal space of Bosnia and Herzegovina actually has the rank of a constitution.

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A LAPPOK NYELVÉRŐL ÉS NYELVI JOGAIRÓL

Author(s): Attila Kelemen / Language(s): Hungarian Publication Year: 0

Among the national minorities that live in Northern Europe, the Lapps (or Sámi) are the oldest. Even if they live on the territory of four countries, they have never had their own state. What ties them together is their specific culture and language, both so different from the other languages and cultures in the North. This paper aims both at a synchronic and a diachronic depiction of the language of the Lapps, respectively of their struggle for their linguistic rights that so often were constrained by the authorities and the majority population.

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Договорът от Лисабон: институционални изменения

Author(s): Jasmine Popova / Language(s): Bulgarian Publication Year: 0

The article is an attempt to point out the main innovations of the Treaty of Lisbon related to composition, competence and the way of functioning of the institutions of the European Union. The institutional changes illustrate the desire and political will of the member states to increase the capacity and good functioning of the institutions and decision-making process in the EU.

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Правният интерес в административното съдопроизводство

Author(s): Emilia Kandeva / Language(s): Bulgarian Publication Year: 0

Regardless of the use of the same concept - "interest", there is a significant difference between "legitimate interest" and "legal interest". The legal interest is a necessary material prerequisite for the right to appeal, the existence of an administrative dispute and a necessary procedural prerequisite for the referral to the court with the resolution of this dispute.

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Еволюция на понятието за системност в правото

Author(s): Dimitar Hanev / Language(s): Bulgarian Publication Year: 0

In the second half of the 20th century systems methodology enters natural sciences. Today's concept of systematicity in law does not arise suddenly, but evolved through a long process of scientific evolution and reveals the dependence of legal concepts on the conditions of the age in which they exist.

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Sumptuariae leges в контекста на римските представи за aequitas и iustitia

Author(s): Dorothea Valentinova / Language(s): Bulgarian Publication Year: 0

The laws against luxury (sumptuariae leges) are a unique phenomenon in the legal and cultural history of ancient societies. Their appearance marks the arrival at a limit in their development, from which new desires, claims and needs (related to the changed standard of life and territorial expansions) cease to be incentives for civilizational development and become harbingers of demoralization and spiritual decay. Today, the problems of limiting luxury and extravagance are not subject to legal regulation.

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Похвално слово за правото

Author(s): Emilia Drumeva / Language(s): Bulgarian Publication Year: 0

The field of law is the social life of people together. The task of law is to create order in their relations and in their relations with the public authority, as well as in the relations of the public authority themselves with each other. All these relations are to be clearly established and fairly regulated. The words 'law' and 'fair' have a common root. Law is the art of the good and the fair, in the words of the ancient Roman jurist Celsus, later quoted by his famous "colleague" Ulpian and made into a maxim. It is an art, according to those who make the law, to arrange the various relations in such a way, in accordance with the idea of social justice, that an optimal "good and fair order" is obtained according to the social circumstances. This order is to be accepted by the vast majority, to build authority, to facilitate the unfolding of social activity.

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За правото като "изкуство за доброто и справедливото"

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Publication Year: 0

The definition of law as "Art of the Good and the Fair" by the great Roman jurist Publius Juventius Celsus originated on the border of two centuries - 1st and 2nd century AD. It was the period when he lived and worked. Analyzing Celsus's definition of law, fundamental questions arise: in what sense is law defined as art (ars), and to what extent is there a complete identification between ius and ars? Analyzing Celsus's opinion, the semantic emphasis is considered to be on the identification of law with art. But it is not about any art, but about that which is bound up with the good and the fair. Such a definition was necessary in the time of Celsus and Ulpian as well as Justinian and is mainly associated with the definition of the high place of jurists in society and the stimulation of those who study law. It is still needed today to remind us what the mind of jurists should be in the creating and applying the law.

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Good and just corporate compliance

Author(s): Hannes Wakonig / Language(s): English Publication Year: 0

In Western Europe and North America compliance as an area of concern for companies has come a long way over the past couple of years. The compliance standards that German (and Western European) multinationals set, have also started producing knock-on effects abroad. That is because their compliance management systems typically require business partners to undergo routine business partner checks prior to entering into any business operation („get tested, if you want to do business with us“).

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Характеристика на вписването в имотния регистър

Author(s): Ventsislav Stoyanov / Language(s): Bulgarian Publication Year: 0

The entry into force of the Law on the Cadastre and Property Register (ZKIR) in 2000 put a principle of the new entry of real estate deeds - the entry in the lot of property.

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Проблемът "удължено събитие" при непозволено увреждане

Author(s): Polya Goleva / Language(s): Bulgarian Publication Year: 0

It is well known that tort liability is a complex legal fact that consists of four following elements: action or inaction, wrongdoing, damage, causation (between the action or inaction and the damage) and fault. In some torts, the act may to be carried out, resp. not to be carried out on a certain date, but the damage occurs later. Such are a number of cases under so-called "professional liability".

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Пробацията като вид корекционно-терапевтичен инструмент за въздействие върху девиантните форми на поведение на непълнолетните

Author(s): Tervel Georgiev / Language(s): Bulgarian Publication Year: 0

Legal amendments on the subject are under consideration. The possibilities of the judicial system - a repressive approach, conditional sentencing, as well as the inclusion of probation. The cases in which it is possible to apply probation. Aggression as a leading motive for youth and juvenile crimes is also considered.

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Значение на общественоопасните последици за обосноваване на наказателната отговорност

Author(s): Silviya Cankova / Language(s): Bulgarian Publication Year: 0

As every other activity, the criminal activity affects and changes the environment in which it has been committed. The criminal activity in particular inevitably leads to negative changes. These changes, which are direct or indirect consequence of the criminal deed, are essentially important for the factual individualization and public qualification of the crime.By examining the crime as an objective premise for the occurrence of the publicly dangerous consequences, it is possible to understand its public and political significance. It is the consequences of the crime that make possible to determine the trend and the content of the negative impact of the crime on the public relationships which appear to be its object.

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