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Szwajcarska demokracja wobec kwestii mniejszości muzułmańskiej

Author(s): Mirosław Matyja / Language(s): Polish Issue: 1/2019

Muslims in Switzerland are the third largest religious group. However, they are not legally recognized as a religion. The Swiss state is confronted with the necessity of their integration and the problem is constantly present in politics. It is a fact, that the regional differences between Muslims and other religions in Switzerland are very large. The results of referendums regarding the acceptance of the Muslim religion have been in the past only negative. The best example is the initiative and referendum „stop of minarets” in 2009. From a legal point of view, the presence of Muslims in Switzerland provokes many challenges for the Swiss state, because the systems of these two „worlds” are fundamentally different: Muslim law is based on the Islamic religion, while the Swiss Confederation is a democratic state of law and as such is based on the will of society. Recognition of Muslims as a religious minority can take place within the framework of Swiss direct democracy only in the referendum, which is currently impossible.

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Przymusowa migracja muzułmańskich kobiet jako katalizator rozwoju pluralizmu prawnego w ich krajach docelowych na przykładzie poligamicznych związków obywatelek Syrii w Turcji

Author(s): Wojciech Trojan / Language(s): Polish Issue: 2/2019

Islam provides a perfect environment for the fast development of the Sharia law and the customary laws despite strong secularization efforts and pressure exercised by the government authorities. The Ottoman Empire was a multicultural society based on the principles of the Sharia law. The abolishment of the caliphate in Turkey and enforcement of the monogamy model of a family through the Kemalist revolution penalized the parallel Islam activities. After the collapse of the Ottoman Empire the millet system survived in Syria with its legal pluralism. Polygamy is currently on the rise in Syria as many men left the country or got killed in the fighting. The mass influx of Syrian women to Turkey results in the growth of parallel Islam de facto polygamous marriages in Turkey. The refugee women are looking for protection within the Sharia law family model, and the living law bypassed the Kemalist positive law secular principles. The same trend is visible in the countries that received many Muslim women that were claiming to the UNHCR their well-founded fear of persecution due to alleged transgressing of traditional social mores in their countries of origin. The same individuals sought later support and protection within the informal and effective parallel Islam networks in the resettlement countries. The legal pluralism is on the rise in the traditionally secular cultures due to the mass migration of single women preferred by the selection systems and resettlement criteria as agreed between UNHCR adjudicators and immigration authorities worldwide.

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SURVIVAL AND PARALLELISM

Author(s): Florent Rrahmani / Language(s): English Issue: 11/2019

The constitutional changes of 1989 in Kosovo, in addition to physical, political andpsychological pressure, exerted social pressure through job dismissals. Job dismissalsbecame a “normal” process, becoming a common way of exercising social pressure.In all these impossibilities in front of which a whole society is placed, self-organization oropposition through self-acting is expressed.In this course, the collapsed life on every sphere, and precisely this collapse burdened evenmore the daily life of these citizens, imposing reflection on these inabilities.While therepressive state was exclusive, degrading, and denigrating for a category of the society,precisely this category got self-integrated through resistance, which can not be calledotherwise but self-organization.In this flow, many subsequent developments came to the fore,such as the comprehensive mobilization of the society, so that individual tasks became selfvoluntarycollective duties and obligations.To this society, faced with such a situation, Solidarity was undoubtedly imposed in every areaof life, having the course from similarities, and “solidarity that comes from similarities is atits maximum when the collective conscience completely wraps up all our conscience andcomplies with it on all points” (Durkheim, 2004).

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Права на издателите на публикации в пресата при използване в цифрова среда

Author(s): Diliana Kirkovska / Language(s): Bulgarian Issue: 7/2020

The system of protection of copyrights and related rights within the European Union is rapidly developing with putting forward of new assessment rules to protected content in digital environment. Changes occurred at the Directive (EU) 2019/790 of the EP and of the Council of 17 April 2019 refer to establishing of a brand-new retated right of the press publications publishers concerning digital issues, and also to harmonized legal protection for the press publications when used online by information society services providers. There appears necessity of licensing of the online use of publications of new providers, such as news aggregators and media clipping services.

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HUMAN RIGHTS AND CIVIL LIBERTIES IN THE TIME OF COVID-19

Author(s): Goran Ilik,Angelina Stanojoska / Language(s): English Issue: Suppl./2020

We’ve seen that living in a pandemic time is not easy at all. We had to stop our everyday lives, change the way we worked before, stay physically, but not socially distant to others, to postpone travelling for better times. Also, measures taken by states around the world, to slow the spread of the coronavirus, have shown that guaranteeing human rights and civil liberties during these times is and will be a challenge. The ongoing health crisis asked for extensive lockdowns, becoming also an economic and social crisis. It opened even deeper economic and social differences, affecting vulnerable social groups differently. States should use maximum action to save lives and slow the spread of the coronavirus, but should also minimize the negative consequences.

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Разклатените стълбове на демокрацията - обществените медии в Югоизточна Европа

Author(s): Ralitsa Kovacheva / Language(s): Bulgarian Issue: 8/2020

A review of the book " A Pillar of Democracy on Shaky Ground. Public Service Media in South East Europe”, published by Konrad-Adenauer-Stiftung Media Programme South East Europe. The book gives an overview of public service media in the ten countries covered by the Media Programme of the Konrad-Adenauer-Stiftung (Albania, Bosnia and Herzegovina, Bulgaria, Kosovo, Moldova, Romania, North Macedonia, Serbia, Croatia and Montenegro) plus Germany.

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IMMIGRANT PLAYERS IN THE NATIONAL FOOTBALL TEAM OF GERMANY AND THE QUESTION OF NATIONAL IDENTITY

Author(s): Ahmet Görgen / Language(s): English Issue: 03/2021

This paper is based on the research related to the immigrant players in the national football team and the formation of national identity in Germany. Recent analyses reveal that the success of an immigrant player in the national sports team has been regarded as a useful factor to attract public attention to the contribution of immigrants to the progress of the country. During the matches, discourses coming from the fans depending on the result of the game. They target immigrant players as a scapegoat in the situation of loss. Indeed, this is visible in parallel with the increasing strong critics in the media against these immigrant players. In this paper, the case of Mesut Özil in the German National Football Team is analyzed. The case study offers evidence of whether the success of immigrant players has been an important factor for their inclusion in the national identity in Germany.

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THE COVID-19 MOBILITY IMPACTS ON THE MIGRATION FLOW IN SOUTH-EAST EUROPE: THE SITUATION IN 2021 AND BEFORE 1989

Author(s): Rossen Koroutchev / Language(s): English Issue: 1/2021

In this paper, we analyze the current travel restrictions due to the COVID-19 pandemic imposed by the countries from South-East Europe and briefly compare them with those imposed by the Central European countries. By using official data collection of displacement tracking matrices and analyzing the porosity of the borders in this part of Europe, we research the impact of COVID-19 on human mobility and the related economic and social aspects. Discussions are presented regarding this impact on the travelers, the seasonal workers from some of the selected countries, and the immigrants from the Middle-East. A formal analysis is performed relating the current travel restrictions and the travel ban during the iron curtain.

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GLOBAL HEALTH GOVERNANCE POST-COVID-19: TIME FOR A HIERARCHICAL ORDER?

Author(s): Jean Vilbert / Language(s): English Issue: 2/2021

The COVID-19 has renovated the debate about global health governance. Many scholars have proposed that the World Health Organization (WHO) should assume the position of a central coordinator with hierarchical powers. This article presents four main objections to this project: the problems with ‘one-size-fits-all’ policies, the heterogeneous distribution of power within multilateral institutions, the risks of crowding out parallel initiatives, and the democratic principle. Testing the WHO’s ability as a provider of technical information, an OLS regression, analyzing the first year of the coronavirus health crisis, from January 2020 to January 2021, in 37 countries reported in the World Values Survey Wave 7, shows a negative relationship between the population trust in the WHO and the number of cases of COVID-19. This indicates that there is a valid case for countries to strengthen the WHO’s mandate, but not to create a hierarchical global health structure.

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RADICAL ISLAMISM: TRAJECTORIES OF HUMAN RIGHTS VIOLATIONS AND ABUSES IN AFRICA

Author(s): Peter O. O. Ottuh,Felix O. Erhabor / Language(s): English Issue: 1/2022

In Africa, radical and extremist Muslims are striving to transform society through violent change, claiming that African rulers are dictatorial and anti-Islamic; as a result, many African countries are experiencing serious human rights violations and abuses. Therefore, this paper examined radical Islamism and its trajectories of human rights violations and abuses in Africa and proffered workable solutions to the dilemma. To achieve the above aim, the paper employed historical and evaluative methods. The historical method was used to critically review the scholarly literature on radical Islamism and its human rights violations and abuses antecedents in Africa. At the evaluative level, the paper critically discussed the impact of human rights violations and abuses on the African nations and their citizens. The paper revealed that radical Islamism in Africa is driven by bad political leadership, poverty, poor education, unemployment, and religious exclusivism among others. The paper concluded that good governance, economic enhancement, and religious inclusiveness are key tools in discouraging and curbing radical Islamists in African countries.

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COLLECTIVE MEMORY IN THE CONTEXT OF CONTENT RECONFIGURATION: THE ANECDOTES OF THE SOVIET AND POST-SOVIET ERA

Author(s): Nataliia Komykh,Yaroslav Zharko / Language(s): English Issue: 1/2022

The article considers the phenomenon of collective memory as a resource of social interaction, legitimization of social practices. In particular, attention is paid to aspects of reconfiguration of the content of the collective memory of the Soviet and post-Soviet periods. Societies remember differently. Ukrainian society has a traumatic social experience gained as a result of the transformational processes of the collapse of the Soviet Union, the formation of an independent state, a democratic political order. The phenomenon of memory is considered in more detail on the example of the results of the study of collective memory reflected in anecdotes. The authors noted that the anecdote is a mechanism for translating cultural meanings into the memory of societies. The anecdote represents the symbolic systems of objective manifestations of collective memory. Based on the analysis of the results of the research by the method of content analysis using the online program Voyant Tools, reconfigurations of the content of anecdotes were recorded: from political to private; from local toponymic discourse to global; from ridiculing the policy of the state to the experience of society through the humor of the historical events of the formation of independent Ukraine.

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Рецензия за сборника „Въпросът за справедливостта. Съдените журналисти в България”

Author(s): Maria Neikova / Language(s): Bulgarian Issue: 11/2022

The edited volume 'The Question of Justice. The Prosecuted Journalists in Bulgaria' (University Press 'St. Kliment Ohridski', 2022) with interviews, articles and commentaries, edited by Prof. Snezhana Popova and Assoc. Prof. Zhana Popova, is a valuable contemporary chronicle that fits into the history of Bulgarian media and journalism.

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THE LAW OF ROMAN EGYPT

Author(s): Sanja M. Gligić / Language(s): English Issue: 2/2022

Unlike Roman Law, Egyptian Law can be learned from individual legal documents. Since no written Egyptian Law and fact that a little has been preserved from a collection of laws (i.e., „Hermopolis Legal Code“), scholars traditionally get knowledge about Egyptian Law from contracts, deeds, family archives, judgments, wills and accounts of criminal trials. The special problem is the fact that the study of Egyptian Law is further complicated by pre-created dogmatic ideas about the superiority of Roman Law and jurisprudence. However, at the moment when Egypt became a Roman province, the Egyptian Law was applied in practice (which already took a lot from Greek Law at that moment) and at the same time the influence of Roman law began to be noticed.

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LE DROIT FÉTIAL ET BELLUM IUSTUM DANS LE CONTEXTE DES GUERRES DACO-ROMAINES ET DE LA POLITIQUE IMPÉRIALE ROMAINE D’ANNEXION DES PROVINCES

Author(s): Teodor Sambrian / Language(s): French Issue: 2/2022

The existence of the Roman State, from its foundation to its disappearance, was disrupted by short interruptions, under the sign of the god Mars, war being an essential element of Roman society. Under these conditions, among the multitude of priestly colleges that operated in Rome since the most ancient times, the College of Fetiales had a particular importance from a political and institutional point of view. Its attributions were mainly related to the declaration of war and the monitoring of treaties concluded by Rome with other nations. The subject covered in this article is structured in the following sections: the supposedly controversial origin of the College of Fetiales; the content and nature of fetial law; the legal-religious rituals of the declaration of war; the adaptation of fetial law to the imperial status of the Roman State; the concept of „bellum iustum“ in the wars waged for the conquest of Dacia and its transformation into a Roman province; some thoughts on the Roman concept of bellum iustum piumque in the contemporary world.

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THE DACIAN WAX TABLETS (TABULAE CERATAE) FROM ALBURNUS MAIOR: A PROVINCIAL TESTIMONY OF THE RELIABILITY OF METROPOLITAN LAW

Author(s): Valerius M. Ciucă,Bob Mircea Dan / Language(s): English Issue: 2/2022

Dacia was, between 106 and 275 AD a Roman province , known under the surname of Dacia Felix. Our contribution takes advantage on a circumstance, at least as happy as the province was considered to be: the existence of the wax tablets of Alburnus Maior (nowadays Roșia Montană, in Alba County, Romania . Also known as Triptychs, some are valuable sources of historical and legal informations, while others simply record scenes of social life. Uncovered between 1786 and 1855 out of the former provincial golden mines, they are a priceless account of the way locals transplanted the Roman Classical Law. In fact, this very direct application of Roman Law in the Dacia province was, among other Transylvanian epigraphic testimonies , also demonstrated by these waxed tablets (tabulae ceratae Alburnense ). Those juridically relevant were studied by Romanian legal historians such as Ion Peretz, Ion Baltariu , Vladimir Hanga . Our purpose here is to give a brief account on how the vulgarisation of Roman Classical Law took place in this part of the Empire.

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ADMINISTRATION OF THE ROMAN PROVINCE DACIA

Author(s): Maria Albu / Language(s): English Issue: 2/2022

At the time of the conquest of Dacia, Rome was in terms of the form of government, in the phase of the Principate, the era inaugurated by Octavian Augustus. In terms of territory, Rome ruled a vast territory stretching from England to the Middle East and from Gaul to Egypt. Immediately after the conquest, Dacia entered the process of administrative, economic and military integration, as provided by the rules of Roman public law. According to these rules, it was organized as a separate province, with its own administrative, military and fiscal authority.

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SERBIA ROMAN PROVINCE. NIŠ IMPERIAL CITY

Author(s): Marija Ignjatović / Language(s): English Issue: 2/2022

Ancient Niš, better known as Naisus, was a developed settlement with a certain population that tended to grow over time. Historical sources say that the city had the status of a Roman municipality, which means that it had a very organized system of life. The size of ancient Naisus has not yet been fully determined, but considering the existence of the suburban part of Mediana, as well as the widespread villas around Mediana, it can be said that it occupied a good part of the Niš basin, crossed by the river Nišava as the main and largest watercourse in that region and that as an impregnable military stronghold, it was an important economic and cultural center of the Roman Empire. Naisus occupied a central position in the Roman province of Upper Moesia, which spread over the territory of today's Serbia. The original military fortification was created in the last decades of the 1st century BC on the right bank of Nišava and was the center of the various tribes: Dardanians, the Thracians and, briefly, on two occasions, the Celts, whose homeland is distant Gaul. A new period in the history and life of Naisus began at the beginning of the 4th century AD with the arrival of Constantine on the throne of the Roman Empire, the Roman emperor, one of the historical rulers who completely redirected the future of not only Christian Europe, but also the civilization known to us today.

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FACTORS AFFECTING CORRUPTION IN THE PUBLIC SECTOR: EVIDENCE FROM VIETNAM

Author(s): Hoa Nguyen Thi Thu,Thuy Nguyen Thi,Thanh Nguyen Nghi / Language(s): English Issue: 2/2023

This research utilizes a structural equation modeling (SEM) technique to comprehensively examine the intricate interactions among various factors influencing corruption in Vietnam’s public sector. The findings reveal that certain factors, including inadequate anti-corruption policies and enforcement, a lack of accountability and transparency in anti-corruption endeavors, and significant income disparities between public officials and anti-corruption measures, significantly and positively impact the cultural and social norms associated with anti-corruption. Additionally, insufficient cultural and social standards exert a notable and positive influence on the level of corruption in the public sector. The outcomes of this study provide valuable insights for developing effective policies and strategies that promote accountability, transparency, and good governance to combat corruption in Vietnam’s public sector.

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THE ROLE OF SOCIAL MEDIA IN THE PROCESS OF INFORMING THE PUBLIC ABOUT DISASTER RISKS

Author(s): Vladimir M. Cvetković,Aleksandra Nikolić,Aleksandar Ivanov / Language(s): English Issue: 2/2023

Social media informs the public about the most important events and conveys important information. Before, during, and after disasters, social media are used to disseminate information about disasters and collect data relevant to the implementation of preparedness, response, and recovery activities and measures. Social networks are effective in disseminating information and warnings, as well as in educating the public. The subject of the research is examining the influence of demographic factors on the effectiveness of social media in informing the public about the risks of disasters. Using an online survey questionnaire and according to the snowball principle, a survey of 247 respondents was conducted in 2022. The research results show no statistically significant relationship between the respondents’ education level and the assessment of the effectiveness of social media reporting on disasters. Using social media can improve communication between stakeholders in disaster management and facilitate coordination of efforts, fostering communication and allocation of resources. To effectively use social media in disaster management, decision-makers in the disaster management system must be aware of new technologies, their disadvantages and advantages, and ways to collect and analyze data from social networks.

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Practicing Law for Students Through Legal Competitions

Author(s): Thao Le Thi,Thao Le Thi,Luong Doan Duc,Luong Doan Duc / Language(s): English Issue: 2/2024

The research identifies the increasing shift in legal education from theory-based curricula to practice-oriented methods, using competitions like moot courts, client consultations, and legal negotiations. The study combines qualitative and quantitative data through case studies, participant feedback, and experimental course designs to assess skill acquisition and student engagement. The research presents that legal competitions develop critical professional skills, such as oral advocacy, negotiation, and legal analysis, and foster resilience, teamwork, and effective communication. Moreover, structured coaching and preparation amplify these benefits, ensuring alignment with the needs of the professional legal community. The conclusion emphasizes integrating these competitions more formally into law curricula to balance theoretical and practical education, addressing gaps in traditional pedagogy while better preparing students for real-world human resources legal challenges.

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