![Hundred Brothers are Watching You. Das Forum junger Rechtshistoriker (Berlin 1996)](/api/image/getissuecoverimage?id=picture_1996_17467.jpg)
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My father and I were born in the same house. (Literally, since in our part of the world, giving birth in hospitals became a common practice only later.) Yet, we were not born in the same country. My father was born in the Austro-Hungarian Monarchy, I was born in the Kingdom of Yugoslavia. My family is a Hungarian family. In our town, we lived together with other Hungarians, with Serbs, Germans, Jews, Romas, and some Romanians and Slovaks as well. Some changes in the name of the city took place between the times of our births as well. When my father was born, the name of our city was Nagybecskerek. After World War I, it became Veliki Bečkerek. Becskerek/Bečkerek is a name of uncertain origin. When I was born, the name of the city had a more pronounced Serbian name. It became Petrovgrad – honoring the Serbian King Petar (Peter). In 1941 Petrovgrad was occupied by the Germans. The name of the town became Grossbetschkerek. An inscription on the old city hall stated: Dieses Land war und bleibt immer deutsch. (“This land was, and will always remain German.”) This motto was not really indicative of historic facts, but it was indicative of a momentum. Just like when Ratko Mladić speculated about the borders of a Greater Serbia. He said that these borders will extend over Trieste. A journalist asked why Trieste should be Serbian, and Mladić responded. “Because it was always Serbian.”
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Važnost ljudskih prava na Balkanu i šire u jugoistočnoj Evropi leži u njihovom potencijalu da osiguraju polazište za društvo koje se temelji na pravima, a ne na sili. Ona bi trebalo da utiču na to da se pojedinci i društvo oslobode od ograničenja koja nose iz prošlosti, te da osiguraju temelje za reforme koje će dovesti do bolje budućnosti. Nova pravila koja su nakon završetka rata u Bosni i Hercegovini uspostavljena ustavima i zakonima u nastojanju da se ispune međunarodne obaveze koje su proistekle ratifikacijom mnogih međunarodnih konvencija za zaštitu ljudskih prava – nisu dosljedno primijenjena, posebno kad je u pitanju Ustav Bosne i Hercegovine. Rezultat uticaja politike i političkih odnosa unutar Bosne i Hercegovine koji su postojali u momentu zaključenja Dejtonskog sporazuma, a zadržani su uglavnom i do danas, bio je uspostavljanje i kolektivnih političkih prava Bošnjaka, Srba i Hrvata kao konstitutivnih naroda nasuprot zaštiti individualnih ljudskih prava u Ustavu Bosne i Hercegovine promoviranih obavezujućom međunarodnom, tačnije Evropskom konvencijom o zaštiti ljudskih prava.
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Flexicurity should reduce the difference between employed people and people belonging to excluded categories. Currently employed people need assistance in order to be prepared and protected during the transition from one workplace to another. Those who belong to currently excluded categories – including those who are unemployed, among which women, young people and immigrants predominate – need readily accessible ways to a workplace and starting grounds in order to allow for the progress towards stable contractual provisions.
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This article is a substantive analysis tracing the legal, philosophical, social, historical, jurisprudence and political backgrounds of juvenile law, which is an outgrowth of the so-called Progressive movement - a popular social and political movement of the late nineteenth and early twentieth century. I also trace how this socio-political cause célèbre became a fixture in American culture and society due to existential child labor abuses which progressive intellectuals used as a pretext to codify juvenile law in federal law and in statutory law in all 50 states by 1925. Moreover the dubious social science and Machiavellian political efforts that created the juvenile justice system out of whole cloth has done much more harm to the Constitution and to the children it was mandated to protect than any of the Progressive ideas initially envisioned rooted in Positive Law (separation of law and morals). Finally, I present am impassioned argument for congressional repeal of all juvenile case law and statutes because they are rooted in Positive Law, contrary to Natural Law (integration of law and morals), the original intent of the constitutional Framers and are therefore patently unconstitutional.
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The regulations and general conditions of the exercise of the Ombudsman's functions are determined by the European Parliament after receiving the Commission's opinion and the approval of the Council. Many of the complaints addressed to the European Ombudsman relate to administrative delays, lack of transparency or refusal of access to information. Some relate to labor relations between European institutions and their agencies, staffing, and the procedure of hiring. Others are related to contractual relations between European institutions and private firms.
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The public administration is closely linked to political power of the state, for which it implies the fact that the relationship of subordination is not against political parties or government coalitions, but more of political power, democratically and constitutionally formed at the level of state’s representative bodies. The subordination and the separation are not dichotomous, they are not incompatible, but they form what it is known as, according to philosophy, inseparable and complementary opposed. Basically adopting an etymological definition (demos = people and kratos = power, status), the democracy is the people’s government. The personalization of the political life increases with the proliferation of monocratic institutions - as part of the state. Under these conditions, the elections, rather after having renounced at the party list, tend to transform into a ritual, a procedure for identifying people, which breaks down into an almost unconditional delegation of authority. So, beware of politicians who wish, under the reasoning of the elective investment, to be players in the democracy game, ignoring the rules established in the constitution.
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The paper aims at answering the question of the relationship between jurisprudence and the way law is interpreted by public administration in the conditions of respecting good administration’s requirements. The research is grounded upon previous studies published in the framework of the project “The right to a good administration and its impact on public administration’s procedures” (code PN II IDEI 698/2007) financed by the Romanian National Research Council (CNCSIS) and is based on comparative and interdisciplinary approaches of public administration and administrative law. The present research concludes in favor of a special role ensured for the legal norms’ interpretation effectuated by justice reported to the ones given by public administration. The implications of such interpretations translates themselves in reducing the number of judicial causes generated by conflicts of juridical interpretation and ensuring a good administration through observance of beneficiaries’ legitimate expectations. The research addresses both academics and practitioners in the field of justice and public administration, bringing to their attention a new approach of the relationship between justice and public administration in the process of law implementation.
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The jurisdictional review, a control carried out by an organ independent in relation to the legislative, seems definitively won for the constitutionalist world. In the absence of expresses dispositions that regulate the control of constitutionality, the judiciary decided that this right belong to him in a very naturally way, as an issue of the separation of power and of the function that he fills. Because he was controlling the acts of the Parliament, the judge won a strong position in relation to the legislative power. This situation could not be accepted by a powerful legislative. While presenting itself as mandatory of the sovereignty of the people, it claims for him the right to control his own acts. However, in the case of Romania such a manifestation demonstration intervened only in Communist period. After we have presented in a first part the conditions in which the constitutional review is passed to the political, the second part of the article will present how this control is exert by an organ dependent to the Parliament.
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According to the special Romanian law, one of the forms of judicial assistance in criminal matters recognized in the relations between the EU member states is, among others, the one referring to the cooperation in applying the principle of mutual recognition of financial penalties. The European normative act that establishes the general cooperation norms in this matter is the Council’s Decision Frame 2005/214/JAI on February 24, 2005 on the application of the principle of mutual recognition of financial penalties. This European normative act has been transposed in the internal legislation through Law no.302/2004, according to the international judicial cooperation in criminal matters, with the subsequent amendments and completions, the latter being represented by Law no.222/2008. The amendments and completions instituted by the abovementioned normative act establish the procedure of transmitting the decision, the procedures for recognition and execution of such a decision by the competent Romanian judicial authorities, the grounds of non recognition and non execution, the definition of used terms, as well as other aspects referring to the recognition and execution of such decisions. Commenting refers to a number of provisions in the law under both European and domestic in the special law, comments aimed in particular the replacement of terms of recognition or non-performance reasons, the procedure of identification of persons convicted when they are evade the enforcement of financial obligations and failure to transpose into national law of subsequent changes to European law.
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The man was ideologically and juridically conceived as a servant of the city and his rights and liberties were also included in the sphere of a thinking of a preeminently ideological, of a partyminded nature, with negative consequences also within the human relationships, at the basis of which the very reason of these rights and liberties lacked, namely the „communion”, the only carrier of the effects of interior freedom, namely of conscience, of faith and religion. Human rights are usually classified as civil, political, social, economic and cultural rights or as individual and collective rights. They also talk about „the international juridical status of the individual”, which „comprises the ensemble of rights that the individual should have in order to maximize his abilities both at a personal and collective level.” Among the fundamental human rights and liberties, „religious liberties” take a special place.
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The present paper regards the issue of interceptions and audio-video recordings, in light of Article 8 of the European Convention on Human Rights. Therefore, a democratic society imposes a pressing need for respecting the right to one's "private and family life, his home and his correspondence", which is subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". Hence, the national legal framework regarding interceptions and audio-video recordings has to provide sufficient guarantees so as the right to privacy is not violated.
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An intensive increase in international goods and services exchange has caused the appearance of a growing number of torts legally and factually related to two or more countries. Tortious liability is defined by internal regulation of international private law, certain international treaties and in some legal systems by court practices. Legal consequences of unlawful actions from which damage arises in potentially applicable internal law are often very different so that in the process of the decision on the merits the competent bodies face the problem of the conflict of laws. Conflict of law solutions of internal law most often rely on the application of the law of the place of a tortious act and law of the place where the event giving rise to the damage occurred. The development tendency of the conflict of law regulation is directed towards abandoning fixed solutions such as the application of lex loci delicti commissi and the acceptance of the rule of the closest connection as an alternative or exclusive solution.
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What is happening if the custom is founded on the coincidence of interests, or even worse, on error? If we rapport specific problems of international customary law to the principles of judicial interpretation it results that a common error (including opinio juris) does not disturb the process of legality proper to the principle error communis facit jus. According to the principle of equity, a common error operates only if the victim’s interests are not affected in an irreparable manner. In this case, the error is insuperable and represents a vice for judicial nullity. Error cannot be accepted when it results from the actions of the state, realized with bad intention, as coercion is. Pacta sunt servanda as a jus cogens norm protects nor only good faith. Thus, through interpretation theories in the Anglo- American environment we will use the refinement of a traditional position in continental interpretation, arguing a general method of interpretation based on the recovery of the legislator’s intentions, had at the moment of an edition of a juridical norm. We will use of this application the dialectics between meanings expressed by the text and those the interpret advances with the role of interpretative hypothesis in order to find its meaning.
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Generally, the bills of exchange law is characterized by an exclusive feature, derogatory and special in relation to common law, which requires its application both by the relevant court and judges dealing with settlement of cases in commercial matters. The fact that the formality of accompanying by writ of execution is a preliminary stage to initiating enforcement can not lead to the conclusion that the nature of these disputes would be common law, not the commercial one, since the nature of enforcement can not rest irrelevant. And this especially since censorship of mandatory mentions of the security undoubtedly involves a certain specialization of judge of proceedings in the field of commercial law. Specialization per subject of judges is not foreign to court’s jurisdiction, fair application of the law necessarily involving its application by the professional judge.
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This article aims to answer, argumentatively, some problems that will arise in the practice of administrative litigation courts in our country, within the framework of: - the existence of a non-uniform national practice in the field of claims for refund of fees charged by the Romanian state for registration of used motor vehicles imported from other Member States of the European Union; - where there was passed a Decision of the Court of Justice of the European Union, ruling on the non-compliance of aforementioned fees with Community law; - the existence of defective regulations in terms of the special case of review, grounded on the passing of binding decisions in breach of the Community law principle of priority. These issues are mainly attached to the review period and the court having jurisdiction to rule on this review.
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Disciplinary liability of bailiff is part of the legal liability framework, together with civil liability and criminal liability, standing for personal liability not excluding other forms of legal liability, not being necessarily that material damages are incurred for its carrying along, intervening only when committing disciplinary violations strictly determined by law. Disciplinary offences are settled by the disciplinary bodies within the National Union of Bailiffs, created specifically for this purpose, that can only apply the penalties expressly prescribed by law, the party discontented with the decisions of such bodies being entitled to refer to a law court, in accordance with Article 6 par. 1 of the European Convention on Human Rights.
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