Policing Migrants in Transit and Upon Arrival: The Bordering Tactic of Integration in Austria and Germany

Author(s): Olivia Johnson / Language(s): English Publication Year: 0

Since 2015, over a million refugees have crossed into Europe. While small in comparison to other places, this number has had a tremendous impact on the policies governing Europe’s borders. This attention is in part owing to the growing nationalistic sentiments in Europe and anti-immigrant rhetoric. This piece is a critical look at the consequences of a shared asylum policy for refugees in Europe. Although asylum policy is widely reported to be rooted in humanitarian ideals, I argue that EU asylum policies expand systems of incarceration through heightened surveillance, detention and physical barriers to accessing asylum. In part one of this article, I look at how integration processes purposefully restrict asylum seekers to the periphery of the state. I then explicitly look at the resources available to asylum seekers and how lack of access to the labor market keeps asylum seekers to the margins of society. In part three I argue that this liminality is a tool used to facilitate the smooth deportation of unworthy asylum claimants. Using the case of integration in Austria and Germany, I explore how asylum seekers are kept to the margins, why they are marginalized and the larger implications of this marginalization in relation to the carceral state.

Russian Positions on Syria and Syrian Kurds

Author(s): Konstantin Truevtsev / Language(s): English Publication Year: 0

Russian foreign policy initially did not place a high priority on the issue of Syrian Kurdistan. Relations on the governmental level with Iran, Turkey,Iraq, and Assad‘s Syria overshadowed this issue that remained extremely marginal until 2011 despite the Kurdish ties of the long-time leader of the Syrian Communist Party, Khaled Bakdash.

Zakon o oprostu

Author(s): Jelena Đokić Jović,Maja Kovačević Bošković,Marko Sjekavica / Language(s): Croatian Publication Year: 0

Nakon osamostaljenja i međunarodnog priznanja, u jeku oružanog sukoba u kojemu se raspadala bivša Jugoslavija, Republika Hrvatska je (dijelom i zbog pritisaka međunarodne zajednice) preko institucija zakonodavne i sudbene vlasti odlučila dati oprost za određena kaznena djela počinjena u ratu ili u vezi s ratom. Ponajprije se to odnosilo na kazneno djelo oružane pobune. Na taj je način stvoren politički i pravni okvir za poslijeratnu integraciju srpske manjine te ponovno uspostavljanje i normalizaciju uništenih međuetničkih odnosa. Time je Hrvatska pokazala da želi mir unutar svojih granica i učvrstila svoju međunarodnu poziciju.

Zakonska podloga za sankcioniranje govora mržnje - devedesetih i danas

Author(s): Maja Munivrana Vajda / Language(s): Croatian Publication Year: 0

''Govor mržnje'' u posljednjih dvadesetak godina u hrvatskom je društvu sveprisutan. Narativ diskriminacije, netolerancije i nasilja u pravilu eskalira za vrijeme rata i u tranziciji pa ne čudi što je to bio slučaj i u Hrvatskoj, no izjave poput one ''Srbe na vrbe'' i danas se nažalost dočekuju bez adekvatne društvene reakcije, a katkad i s određenom dozom razumijevanja i simpatiziranja. Tako je primjerice dio javnosti blagonaklono, štoviše kao zabavne, dočekao nedavne medijske istupe Zdravka Mamića i izjave poput: ''Srbin ne može voditi najvažniji resor u Hrvatskoj'' i ''...zamislite da čovjek koji je Srbin… može biti ministar najvažnijeg resora u državi… I onda daš takvu odgovornost čovjeku bez ikakvog iskustva i s takvom hrvatomržnjom''.

Considerații privind unele efecte generate de divergențele jurisprudențiale apărute între Curtea Constituțională și Înalta Curte de Casație și Justiție din perspectiva comunicării dreptului.

Author(s): Claudiu Ramon Butculescu,Cosmin Crețu / Language(s): Romanian Publication Year: 0

This paper tries to briefly address some of the legal effects deriving from communication of law generated by the jurisprudence of the High Court of Cassation and Justice of Romania and the Constitutional Court of Romania. During the recent years, certain legal interpretation divergencies were notices between the jurisprudence of the Courts. In both civil and penal matters brought before these Courts, their jurisprudence comprised sometimes contradicting solutions in similar cases. In addition to the introductory aspects that will be presented in this paper, regarding the communication of law and the role of jurisprudence as a possible source of law, we will also describe some concrete situations dealing with the divergence of opinion from judicial practice of the above mentioned Courts

Literatura

Author(s): Not Specified Author / Language(s): Bosnian Publication Year: 0

Infracţiunea de separatism în legislaţia penală a Republicii Moldova – premisele incriminării şi caracterizarea elementelor constitutive

Author(s): Radion Cojocaru / Language(s): Romanian Publication Year: 0

Separatism represents one of the most complex problems faced by the young countries that appeared on the world map after the collapse of the USSR, creating serious impediments to their development as independent and sovereign states. The establishment of criminal liability for the crime of separatism in the criminal legislation of the Republic of Moldova has generated multiple discussions and contradictory reactions on a national and international level. In this work, the author approaches separatism from the perspective of the science of criminal law by highlighting the socio-political premises that substantiated the necessity of the legislator’s intervention in the sense of criminalizing the phenomenon in the criminal law. At the same time, the constitutive elements of the crime of separatism are characterized through the interpretation of the incriminating headquarters located in art. 3401 of the Criminal Code of the Republic of Moldova, indispensable condition for a good understanding and application of the rule in strict accordance with the legality of the crime.

Lišavanje slobode i prisilni rad u zakonodavstvu Nezavisne Države Hrvatske (1941.-1945.)

Author(s): Mario Kevo / Language(s): Croatian Publication Year: 0

Following the formation of a camp system and the first deportations, the authorities of the Independent State of Croatia decided to create a formal legal basis for it in order to direct “undesirable and dangerous” persons according to the established order to “re-education” in concentration and work camps. Though restrictions to freedom and forced labour had been mentioned in previous legal practice, it was only after the proclamation of legal decrees at the end of 1941 that a formal legal basis for deportation to camps came into existence. In conjunction with the formation of the legal basis, the Ustaša authorities also completed the structuring of a repressive apparatus which in part had to carry out the decrees directed primarily against the followers of the Partisan movement and members of marginal societal groups. Prior to and alongside this, using an extra-institutional path, the Ustaša authorities carried out measures against the majority of Croatian and Bosnian Jews who were sent off to camps without any legal basis in the laws of the Independent State of Croatia. On the basis of sources and literature the author presents the issue of restricting freedoms and the dispatch of persons to forced labour in concentration and work camps in the Independent State of Croatia, as well as the structure of the repressive apparatus responsible for the execution of the formal-legal basis, but the work does not discuss the issue of incarceration.

Vlado Singer i Stjepan Rubinić – od visokih policijskih dužnosnika Nezavisne Države Hrvatske do zatočenika koncentracijskih logora

Author(s): Davor Kovačić / Language(s): Croatian Publication Year: 0

With the establishment of the Independent State of Croatia, Vlado Singer and Stjepan Rubinić became high ranking officials of the security and police apparatus of the state. Due to their actions both fell afoul of their superiors and were removed from their positions. They served roughly the same amount of time at the concentration camps in Jasenovac and Stara Gradiška. In distincti-on to Singer, who was killed at the Stara Gradiška camp, Rubinić was released after spending a year in the camp. After his release from the camp he did not formally belong to the Ustaša movement, but he was allowed to conduct busi-ness with Jewish mercantile houses. Following the collapse of the Independent State of Croatia, he withdrew toward Austria, where he lived for some years, after which time information about him becomes unreliable. It is assumed that he lives out of the public eye, as a well-situated man, either in South America or Australia.

Logori Križnoga puta u Hrvatskoj 1945.

Author(s): Martina Grahek Ravančić / Language(s): Croatian Publication Year: 0

In the last phases of the Second World War masses of people started to withdraw toward British positions in Carinthia. The majority of the refugees were captured before they crossed the Austrian border. A portion of those people that made it to Carinthia were handed over to the Yugoslavian Army by British forces. Their columns were turned back for the long march home, referred to as the “Death Marches” Passing through Slovenia these columns made it to Croatia. Behind them remained a large number of camps and mass graves. Using the extensive literature and available documents this article analyzes the camps formed on the march through Croatia (Mirkovci, Orosav-lje, Samobor, Jankomir, Kanal, Prečko, Maksimir, Karlovac, Čemernica, Sisak, Bjelovar, Lupoglav, “Danica” in Koprivnica, Osijek, Velika Pisanica, Krndija, Požega, Vinkovci). Numerous eye witness accounts tell of the daily experience of life in the camps – for the most part strict control of the camps, many citations, the sorting of inmates and the fear of being taken to the unknown, poor diet and unhygienic conditions, lack of medical supplies, and the general precariousness of one’s existence. Many available sources clearly demonstrate the strict control exercised by the newly established postwar regime over the territory of Croatia, or Yugoslavia.

On cutting off noses and pulling out beards: Face as a medium of crime and punishment in medieval Dubrovnik

Author(s): Nella Lonza / Language(s): English Publication Year: 0

In historiography dealing with criminality, much has been written on punishment as a social message communicated in various ways, among other things, by using a convict’s body as a medium (face branding, mutilation, etc.). By analysing the criminal procedures of medieval Dubrovnik and comparative material from Dalmatia and other European communities, the author poses an inverse question and investigates how the offender sometimes used the victim’s body as a medium for conveying his “message”. Hair cropping (and related forced removal of female headgear), pulling out of the beard, and nose amputation may be referred to as “coded crimes” because accent was given to symbolism over the bodily injury and pain. Sharing the same value system, the victim and his social environment could easily “read” the offender’s message from such a crime.

Rhythm of crime in a medieval city – example of Dubrovnik

Author(s): Gordan Ravančić / Language(s): English Publication Year: 0

If we observe the crime as an integral part of the social reality, then we certainly have to bear in minds its changing phases and its general incorporation into a wider picture of social movements. Therefore, my intent is to demonstrate in which way crimes have (not) followed the rhythms of labor, leisure, and public celebrations of medieval Dubrovnik, especially regarding their typology and frequency. Thus, the analysis includes crime distribution in relation to the location where the wrongdoing has occurred, together with investigation of social provenance of perpetrators and victims within this cheerless statistic of everyday life. Given the fact that the total number of the extant criminal records of the medieval Dubrovnik would be too huge “bite” for a case study of this kind, author analyzes preserved judicial records from only one year (1415).

Criminal offenses and violence in medieval Kotor (1326 - 1337)

Author(s): Valentina Živković / Language(s): English Publication Year: 0

The topic of the paper is the analysis of the types of criminal offenses mentioned in the earliest preserved judicial notary documents of Kotor (1326 - 1337), and which are defined and sanctioned by the Statute of Kotor. Protection of interests of the community and principles of good administration were the priorities upon which the criminal justice system of Kotor was based. On the other hand, protection of private property was the most common topic because of which civil litigations were initiated.

“Our daily crime” seen through the letters and notes of Venetian government representatives in the communes of Brač and Omiš (16th – 18th c.)

Author(s): Lovorka Čoralić / Language(s): English Publication Year: 0

The central topic of the paper is focused on research of material from the archival series Capi del Consiglio de’ Dieci: Lettere di Rettori e di altre cariche (Archivio di Stato di Venezia) which contains letters, notes, and reports written by Venetian government representatives in the communes of Brač and Omiš for the Venetian Council of Ten from the sixteenth to the eighteenth century. The research is focused on the prevalence of offenses, incidents, and crimes in the stated material and, considering the historical circumstances and difference in development of those two communes, a comparative analysis of examples by their categories (minor offenses, exiles, verbal incidents, physical violence, murders, etc.) has been made.

Crime Rate/Criminal Acts in the City of Zagreb from 1887 until 1912. Based on the Report of the City Council

Author(s): Zoran Grijak,Milan Vrbanus / Language(s): English Publication Year: 0

The following paper analyzes the structure of crimes committed in the city of Zagreb from 1887 until 1912 based on the annual Reports of the City Council of the Free and Royal City of Zagreb. The abovementioned reports provide a detailed insight into the structure and number of criminal offenses and misdemeanours, as well as the type of these misdemeanours, offenses, and other criminal acts reported to the police authorities according to the Criminal Law of the Kingdoms of Croatia and Slavonia. In the course of the authors’ analysis of the collected data on criminal and minor offenses, quantitative methods were applied which in turn provided valuable insights into the trends pertaining to their number during the observed period. With the use of quantitative methods, it has been established that there were no major effects of the increase in population on the trends of the number of criminal and minor offenses, which means that rapid urbanization of the city did not have a significant impact on the rise of law-breaking. Further analysis of the gender of the perpetrators of criminal offenses and misdemeanours has confirmed existing observations on the inferior position of women in society of that period as a contributing factor to their smaller representation among perpetrators of most felonies. Furthermore, with the use of quantitative methods, a decrease in efficiency of the Police Service in terms of discovering most of the felonies has been determined, even though a high degree of efficiency was still maintained in detecting certain categories of felonies.

The crimes of minors in the cases of the Royal court table in Osijek

Author(s): Dubravka Božić Bogović / Language(s): English Publication Year: 0

Author analyzes misdemeanors and crimes of younger minors, contained in criminal cases from the archive fund of the Royal court table in Osijek, which were conducted by the District court in Osijek from 1930 to 1945. Moreover, author has attempted to determine the patterns in which the social environment and family, proprietary, and other conditions have affected the offenders, and relate them to specific causes and motives. Similarly, the society’s response to misdemeanors and crimes is investigated through the analysis of sanctions and other measures were taken against underage offenders.

General criminality in the Independent State of Croatia

Author(s): Davor Kovačić / Language(s): English Publication Year: 0

In paper, based on the archival material and contemporary press, various types of crime are presented and numerical data on the status of general criminality in the Independent State of Croatia (NDH) is provided. According to statistical data published by the police authorities of NDH, the status of criminality in NDH was satisfactory, especially considering the contemporary war circumstances. Difficult economic circumstances were a convenient environment for commission of criminal offenses. Thefts, frauds, robberies, and murder for personal gain were often motivated by fear for one’s own existence.

“Comrade Tito, help!” Letters of prisoners and in favor of prisoners addressed to authorities of communist Yugoslavia as a historical source

Author(s): Josip Mihaljević / Language(s): English Publication Year: 0

The author analyzes letters written by prisoners, detainees, and their relatives to authorities of the communist Yugoslavia. Today, these letters are being kept as archival material, and the author has analyzed the material of several archives in Belgrade and Zagreb. By using content and discourse analysis, it is revealed who were the authors of these letters, what was being asked for in the letters and in which way, and to which addresses were the authors reaching out to, as well as what was the attitude of authorities towards individuals addressing them in letters. With this paper, the author endeavors to present values of the aforementioned historical sources for researching social history and history of everyday life of the communist Yugoslavia, as well as the functionality of the historical-anthropological approach to research of history of the second half of the 20th century. In the appendix, the author provides several letters, mostly in the form of facsimiles.

ЕВРОПСКЕ ЖАНДАРМЕРИЈСКЕ СНАГЕ: САВРЕМЕНИ ОБЛИК ПОЛИЦИЈСКЕ САРАДЊЕ И ДЕЛОВАЊА

Author(s): Aleksandar Jazić,Obrad M. Stevanović / Language(s): Serbian Publication Year: 0

A significant factor in the implementation of the security policy of the European Union (EU) is the European Gendarmerie Force. The treaty under which these forces were established has special legal significance. Global threats affecting the EU are forcing it to become more involved in their resolution. The European Gendarmerie Force is very important for the EU because it has integrated civilian and military capacities. This is one of the key requirements for successful participation in resolving current global problems. Within the European Gendarmerie Force, full membership is currently reserved only for gendarmerie forces from EU countries. Gendarmerie forces from other countries may have partner or observer status. The European Gendarmerie Force is one of the EU's "hard power" tools. This kind of power allows the EU to be visible in various conflicts and crises around the world. This visibility implies concrete EU actions on the ground. In certain missions, which are very complex, the EU has already started to engage the European Gendarmerie Force, so it can be assumed that these forces will increasingly be engaged around the world. Through the European Gendarmerie Force, the EU demonstrates its strength and asserts itself as a global actor in resolving conflicts and crises.

BEZBJEDNOST U PENALNIM USTANOVAMA

Author(s): Nadežda Gudelj / Language(s): Bosnian Publication Year: 0

Security in prisons is a subject that is dealt with by many criminological scientific disciplines, but the essence is how to actually implement it in practice, where emergency situations that undermine the security of penal institutions occur every day. In the paper, we presented how the informal prison system actually negatively affects and undermines the security of the institution and how to balance and maintain order in institutions in such situations. riots and riots in prisons. The informal system of convicted persons tends to destabilize the situation in prisons, often offering passive and active resistance. That is why it is important to know how and in what way the informal system functions and which security measures have the best preventive character to prevent the escalation of conflicts and riots in prisons.