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The historical beginnings of the Hungarian local government system are rooted in the patrician castle counties and free royal towns of the Middle Ages. Although these local administrative units meant much more than the concept of local governments in the modern understanding of the concept. The unbroken and uncompromising county autonomy suddenly was challenged by the bourgeois state, and this clash caused the need to reform the whole system of local administration. In my short study, I wish to demonstrate this process through the deconstruction of the administrative system of the counties, taking extra care on the unique relationship between the government and the municipality.
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The first modern Hungarian Criminal Code (Code of Csemegi, Act 5 of 1878) regulated religious conditions from several aspects. The religious denominations “recognised by the state” such as the Catholic, Calvinist, Lutheran, Unitarian and the not united Orthodox Churches enjoyed protection by law meaning that several felonies and misdemeanours harming the religion became enacted in the above mentioned Code. Beside these religions also the Israelite denomination was listed among the “recognised religions” both in legal literature and judicial practice but not in the Code. The statutory definitions of revolt and agitation covered a wider circle of injured parties: the term “denomination of faith” was interpreted in the court practice so, that all denominations enjoy the same protection of law – as sight of equality before the law regardless of religion. The study aims to examine the frequency and actual social significance of the felonies and misdemeanours against religion on the basis of the materials of the criminal cases initiated at the Royal Tribunal of Pécs during the two decades following the entry into force of the Code of Csemegi. The study searches answer to the question whether the judicial practice differed from the will of the legislator and if yes, why happened it so.
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On December 2nd 1848 Austrian emperor Ferdinand I. abdicated. He was followed by his nephew Francis Joseph. This article publishes the relevant document and analyzes them from a legal point of view.
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The paper focuses on the analysis of Code No. 101/1963 Col., Code of International Trade, as amended (hereinafter referred to also as “the Code”). The main aim of the present article is to underline objective and nature of present Code and to show the historical background. An analysis of particular legal provisions and structure of the Code will be an integral part of the article with an accent to the modern elements of the Code. It became an inspiration even for the current Commercial Code and for the parts of the big set of amendments of Civil Code after the year 1989. Often, it is also stressed that only thanks to this Code of International Commerce one can follow an uninterrupted development of commercial law on Czech territory during the second half of the twentieth century, in spite of complete deformation of commercial legal obligations. The Code actually preserved in itself certain purely private law principles that the Code of Business did not contain.
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The authors of the Commercial Code of France of 1807 (Code de commerce) included rules from the field of the maritime law in the act as its book II (Of Maritime Commerce). As a result, the maritime law began to be viewed as a component of the commercial law, acquiring the doctrinal name of the maritime commercial law (droit commercial maritime). The strong influence which Code de commerce and its systematics exerted all over the world made a lot of countries treat the civil standards of the maritime law as part of the commercial law. This idea was not, however, commonly adopted, an example of which is the Anglo-Saxon and Scandinavian countries and Switzerland. But even in the countries where the maritime law was included in the regulations from within the commercial law, criticism of the representatives of the doctrine appeared. In consequence, the view on the maritime law as a separate whole began to emerge more and more, and the commercial maritime law stopped being an object of interest for the reformers of the commercial law. Nouveau Code de commerce of 2000 maintained this approach, too.
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Present Paper analyzes national development, roots and early history of freedom of press as a civil right in 19th Century in light of the relevant laws and decrees. We should keep in mind that in Hungary citizenship was not ruled at the same level at time of declaring freedom of press by the law. So, this Paper seeks to demonstrate the legal regulation of freedom of press until the first law that made it clear who would be subjects of this right.
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A social status and legal status of persons with disabilities should be exa-mined from a social model of interpreting disability. Persons with disabilities do not need pity but concrete support, primarily the one that refers to the realization of their basic human rights and freedoms. A precondition for the realization of human rights and the achievement of full equality of persons with disabilities is the existence of anti-discrimination legislation by which the mechanisms of protection in cases of discrimination based on disability are regulated in a precise manner. In addition to the adequate legal framework and anti-discrimination regulations, it is also necessary to adopt the Strategy on undertaking and affirmation of actions and measures for creating equal opportunities based on equality. Formulating and re a li zing this strategy is possible exclusively with the full participation of persons with disabilities. Such actualization of the rights of persons with disabilities and articulation of their interests at a state level can result in their better status in our society after a number of years. The anti-discrimination set of laws that have been adopted in Serbia in the last several years represents a solid legal framework for the realization of rights and equality of persons with disabilities. However, there is a discrepancy between a normative and actual status of persons with disabilities in Serbia. There will be no better living conditions and rights of persons with disabilities without the systematic education of our citizens and relevant social and political factors. The education of only those people who deal with this issue is not enough. Therefore, the normative illusions according to which the new legal regulation would automatically provide persons with disabilities with better conditions should be avoided. New legal regulation in this field is necessary but not sufficient. One should always have in mind that no person is a disturbance in terminology or in reality. A person is not limitation but opportunity and the difference between people should not be made, regardless of whether they have more or less prominent (dis)abilities.
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Constitution of Republic of Serbia explicitly prohibits discrimination on basis of physical and intellectual disability. Law on Prevention of Discrimination against Persons with Disabilities from 2006 and the general Law on Prohibition of Discrimination from 2009 provide the legislative framework for combating discrimination. Law on the Prevention of Discrimination against Persons with Disabilities prescribes the general regime of the prohibition of discrimination on the grounds of disability, particular acts of prohibited discrimination, the procedure for legal protection of persons that have been subjected to illegal acts of discrimination, sanctions for perpetrators of particular acts of discrimination, and measures the state takes in order to promote the social integration of persons with disabilities. Serbia's general laws such as Labor Law, Law on University Education, Law on System of Education, Law on Professional Rehabilitation and Employment of Persons with Disabilities, and Law on Health Care also prohibit discrimination on grounds of disability. The laws on the prevention of discrimination against persons with disabilities are a necessary precondition for full social inclusion of those persons, but aren't the sole condition. States have to adopt legislation providing for measures for the equalization of opportunities for persons with disabilities. When analyzing the legislation and policies which Serbia adopted over the past decade, one may reach a conclusion that a progress in equalization of opportunities provided to persons with disabilities has been made but much more has yet to be done to enable those persons to participate in all areas of social life on basis of equality with other citizens of Serbia.
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The Ombudsman's activities during 2010 in terms of the protection of the rights of persons with disabilities were realized within eight types of activities: 1) The constant communication with the organizations of persons with disabilities, 2) Acting according to the citizens' complaints, 3) Activities within the EU Twinning project of providing support to Ombudsman, 4) Supporting the OSCE Mission to Ombudsman's capacity raising consisted of providing support for organizing the so-called Ombudsman Day in Uzice in July and in Kraljevo in September, 5) Supervision, including the unannounced ones, in the residential institutions for old people and adult people with disabilities was done, 6) The Conference "The right to make a decision - a matter of deprivation of legal capacity of persons with disabilities in Serbia", 7) The problems of workers who were injured at work and 8) The guidelines for non-discrimination language and behaviour in official discourse and context. In her paper the author analyzes in details the results of the Ombudsman's work in every of the above mentioned fields and points to some of the elementary problems persons with disabilities face in Serbia.
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Even though persons with disabilities have all the rights set forth in the universal human rights instruments adopted under the auspices of the United Nations, they faced various barriers such as prejudice and discrimination in the attempts to exercise the above- mentioned rights. United Nations adopted a series of specific documents aimed at prescribing measures for the implementation of the rights of persons with disabilities. UN General Assembly unanimously adopted Convention on the Rights of Persons with Disabilities. It was open for signature and ratification on March 30th 2007. The Convention that entered in force on May 3rd 2008. Republic of Serbia signed the Convention on the Rights of Persons with disabllities and the Optional Protocol to it on December 17th 2007. After harmonizing the national legislation with the provisions of the Convention, Parliament of Serbia ratified the Convention and Optional Protocol to it on May 29th 2009. After depositing the instruments of ratification at the UN, Convention and Optional Protocol to it became legally binding international treaties between Serbia and other state parties on July 31st 2009. The purpose of this instrument of international public law is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms of persons with disabilities.
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In this paper the author analyzes the eminent work of Ivo Andric, "The Damned yard", in his subtle legally aesthetic manner. Even though it was not easy at all, he undertook a task to extract the idea of law from a literary work without violating an artistic tissue and artistic value of this work, without ruining what makes it an artistic creation, thus without touching its artistic autonomy and artistic status. Based on a thoughtful legally aesthetic observation and examination, he managed to present an entire spectrum of the idea of law which was literary shaped and contained in Andric's work, different lighting of the legal phenomenon realized by a literary procedure and performed by literary means. For these reasons every reader of this text, especially if he/she is a lawyer, will enrich epistemologically his/her knowledge of law by the idea of law as well, skillfully discovered by its author where it is rarely searched for and even more rarely found.
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Purpose – To review and critically discuss the current state of privacy in the context of constant technological changes and to emphasize the pace of technological advancements and developments reached over the time when the last EU data protection laws came into effect. These facts inevitably affect the perception of privacy and raise the question of whether privacy is dead or takes the last breath in the digital age? This paper is an attempt to address this question. Design/Methodology/Approach – Based on the comparison and systematic analysis of scientific literature, the authors discuss problematic issues related to privacy and data protection in the technology era – where these issues are too complicated to be clearly regulated by laws and rules since “laws move as a function of years and technology moves as a function of months” (Ron Rivest). Therefore, this analytical approach towards the issue may help to facilitate reaching the best-fit decision in this area. Findings – The authors emphasize the change of perception of privacy, which originated and grew on the idea of “an integral part of our humanity”, the “heart of our liberty” and “the beginning of all freedoms” (Solove, 2008), leading to the recently raised idea that privacy is severely hanging with threat. The authors are of the opinion that legislation and regulation may be one of the best and effective techniques for protecting privacy in the twenty-first century, but it is not currently adequate (Wacks, 2012). One of the solutions lies in technology design. Research limitations/implications – The aspects of privacy and data protection in the European Union have been widely discussed recently because of their broad applicability. Therefore, it is hardly possible to review and cover all the important aspects of the issue. This article focuses on the roles of technology and legislation in securing privacy. The authors examine and provide their own views based on the critical analysis of the outstanding scientific material. Practical implications – The authors highlight the ongoing change of perception of privacy. If regulation is left behind the development of technology, privacy will hardly stay alive. On the other hand, if legislation is applied on an ex-ante basis, technological development will depend on the legislators. The balance of both may be the golden means and it basically depends on the coordinated behavior of all the stakeholders. Value – The article emphasizes that the rising role of sharp development of technology by itself does not violate privacy. It is the people using this technology and the policies they carry out that create violations (Garfinkel, 2000). In fact, threats, in the first instance, are the consequences of human behavior. In other words, technology can be a significant factor of violating or demolishing privacy, however, it may also be the major method of protecting it. The balance of both may be the key means.
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Obiectivul Tratatului semnat la Lisabona, la 13 decembrie 2007 poate constitui, mai degrabă, o cooperare mai strânsă între statele europene şi nu un pas spre federalizare. Acest tratat se izbeşte totuşi de fundamentul identităţii popoarelor, de filiaţia mitologică a naţiunii. Există, totuşi, teama de a nu se reveni la trecutul cu mini state-aservite. Dar, chiar dacă poate fi un pas spre federalizare, identitatea grupului uman, a regiunii nu poate dispărea. Prin această cooperare devenim un tot uman aşa cum am fost creaţi, spre un singur scop. Accesată, unitatea multinaţională a statelor poate asigura dezvoltarea economică, pacea, solidaritatea şi bunăstarea pentru toţi cetăţenii Europei. Numai aşa toate statele membre aplică aceste idealuri ale toleranţei, unităţii, binelui comun, într-un cuvânt, etosul şi dreptatea tuturor şi totodată, nouă înşine.
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Prezenta lucrare încearcă să analizeze problemele ce privesc protecţia datelor personale şi dreptul la intimitate în contextul societăţii informaţionale actuale, având în vedere continua creştere a criminalităţii informatice. “Societatea informaţională” trebuie privită ca o altă lume pentru care trebuie să existe reguli bine cunoscute şi aplicate, o lume în care trebuie să ne protejăm în primul rând, fiind atenţi cum şi cui furnizăm datele personale. O problemă esenţială este trasarea unei graniţe între cele două valori sociale atât de importante: protecţia individuală şi chiar generală şi dreptul la intimitate. Există mereu un preţ pe care trebuie să-l plătim pentru a fi protejaţi sau pentru a avea foarte uşor acces la informaţie. Se pune problema dacă este posibil ca prin lege să se rezolve aceste probleme ridicate de schimbările sociale şi tehnologice neaşteptate, sau este nevoie de redefinirea noţiunilor de viaţă privată sau intimitate?
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