CEEOL - Browse Subjects Result

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

4.90 €

Preview

Up-to-Date Approach to the Albanian Law of the Period 1912 – 1914

Author(s): Aurela Anastasi / Language(s): English Issue: 01/2003

It is not accidental that many researchers and authors go back to the studies and researches of the years of the declaration of independence. This period of pride for the Albanian State has constantly been a source of offering new ideas and facts. Referring to an historic and up-to-date approach of the Albanian State and law of the first two independence years, one of the issues, which immediately comes to our mind, is the character of the new state, which appears as a modern state, even constitutional and parliamentarian. Today, 90 years on, it is not a rare phenomenon to find a state of constitutional character, but if we recall that the new Albanian state stemmed from the bosom of one of the most autocratic forms of the governance (Ottoman Empire), under which it existed 500 years in succession, we have to think differently.

More...

Pasitikėjimas teisėsaugos institucijomis Lietuvoje

Author(s): Evaldas Visockas / Language(s): Lithuanian Issue: 92 (2)/2016

Trust in Lithuanian police, courts and prosecutors office has reached the record values in 2015. Trust and confidence in these institutions is growing, though it is difficult to identify what exactly is stimulating that growth. Public relations or media influence, or good organization of the institutional work as well as other reason can be an explanation for the better public attitudes. Answers to the question “Do you trust the police, courts, prosecutors office?” do not explain what was done properly when trust values raise, and what problematic areas of institution work need attention when evaluations are getting worse. There is a significant doubt expressed in academic literature if this and only indicator, so often used for the evaluation of institution work, adequately describes how good or effectively prosecutors office works, police safeguards public security, and courts ensure protection of citizen rights, defence of interests and other demands of democratic society. The article analyses trust and confidence in institutions of criminal justice system in Lithuania. Analysis uses ideas and data of two international research projects - EURO-JUSTIS and FIDUCIA. We examine trust and confidence as complex phenomenon, which include several important aspects: 1) effectiveness of criminal justice institutions; 2) distributive justice; 3) procedural justice; 4) shared perceptions of right and wrong and shared moral values with institutions; 5) legitimacy of institutions; 6) co-operation between society and criminal justice institutions. Evaluation of the survey data shows that different elements of this phenomenon obtain different ratings, and differ from the evaluation of trust and confidence in the broad sense. Understanding of these differences gives us a possibility to assess and improve work of criminal justice institu¬tions more purposefully.

More...

Ochrona patentowa produktów leczniczych – polska perspektywa

4.50 €

Preview

Ochrona patentowa produktów leczniczych – polska perspektywa

Author(s): Joanna Uchańska / Language(s): Polish Issue: 4/2013

The paper presents complicated issues connected with pharmaceuticals patents, particularly from the Polish perspective. All aspects are discussed from the international standpoint, especially pursuant to the right of healthcare. In the beginning, the patent system has been described from the broader view what creates easy and precise possibility to understand difficult mechanisms of the patent system. Then, some material issues bound directly with the patentability and the patent-eligibility, in particular according to the novelty and patenting a new use of an invention, were presented in the light of so-called “Swiss- -type claims”. The Bolar exception (a law permitting use of patented products in experiments for the purpose of obtaining an approval of introducing a drug into a market) was described to discuss every complicated matters connected with the Polish pharmaceutical market where generic competitors play a key role. In the end, the Supplementary Protection Certificate regulation as a tool of supplying a real-exercising short patent protection when we count it after introducing a drug into the market was described. In conclusions, some closing remarks were suggested on specific and different patent protection for pharmaceuticals inventions from the protection granted to any other invention, particularly from the Polish perspective.

More...

Nowelizacja ustawy o przeciwdziałaniu narkomanii w trzy lata po jej wejściu w życie – raport z praktyki stosowania

Author(s): Piotr Kubaszewski / Language(s): Polish Issue: 76/2016

This study is an attempt to evaluate how the institutions, established by the amendment to the Act on prevention on drug abuse of 1 April 2011 perfiorm in pratice.

More...

INSTYTUCJA PRZYSIĘGI (OATH OF OFFICE) W ŚWIETLE ORZECZNICTWA SĄDÓW USA

Author(s): Grzegorz Maroń / Language(s): Polish Issue: 19/2016

The article deals with the oath of office as one legally relevant category of oath – beside the witness oath and the citizenship oath – in the United States legal order. The given kind of oath takes a person who undertakes the duties of an public office (e.g. U.S. President), profession of public trust (e.g. Attorney) or duties of public function (e.g. juror in the jury). A study of the caselaw proves that the obligation to take an oath may be in conflict with the constitutionally protected rights and freedoms of U.S. residents, in particular freedom of expression, freedom of association and freedom of conscience and religion. US courts usually hold that the oath of office requirementis constitutional, provided the oath’s text is not vague and overbroad and the oath’s formula is theresult of a proportional balancing of competing values. The jurisdiction shows that the title categoryplays in the United States a far greater role than in Europe. The oath of office establishes a legal, moral and often religious public officer’s commitment to the office and to citizens as the sovereign. It is part of the ethos of public service.

More...

DEMOKRACJA, PAŃSTWO I PRAWO – PODSTAWY, WARTOŚCI I WYZWANIA

Author(s): Michał Peno / Language(s): Polish Issue: 19/2016

In the philosophy of law, democracy is not paid much attention to, which is also the case withthe issue of mutual relations of law and democracy as well as the values, legal restrictions anddangers of democracy. This article is an attempt to put together all the basic problems related to the relationships of law, state and democracy defined in this way. General characteristics of democracy in the 21th century is to become the reference point for the analysis of dispute over the ConstitutionalTribunal. The article ends with comments on legal and axiological problems as well as challengesof the 21th century democracy. The postulate to hand over the issue of the Tribunal to the ruling people (citizens) is formulated and justified. The disputes over the Constitutional Tribunal indemocracy should be seen as natural.

More...

ISLAMSKI VJERSKI OBJEKTI U REPUBLICI MAKEDONIJI ZAŠTIĆENI ZAKONOM ZA KULTURU

5.90 €

Preview

ISLAMSKI VJERSKI OBJEKTI U REPUBLICI MAKEDONIJI ZAŠTIĆENI ZAKONOM ZA KULTURU

Author(s): Katerina Todoroska,Nevena Petkovska / Language(s): Bosnian Issue: 61-62/2014

Cilj našeg rada je analiza stanja islamske kulturne baštine u Republici Makedoniji sa osvrtom na sakralni dio kulturnih spomenika u Skoplju. Studija obuhata historijske podatke o najstarijim skopskim džamijama, kao neizostavnom dijelu osmanlijske kulturne baštine. Sama historijska vrijednost ovih objekata je evidentna. Riječ je o baštini koja je na prostoru Skoplja i šire počela da niče još na početku XV vijeka. Velelepnost i arhitektonski izgled ovih objekata je osnovni razlog da budu podvrgnuti restauraciji i, posebnim republičkim Zakonom, stavljeni pod zaštitu države.

More...

UTICAJ STRESA NA POSTIGNUĆA STUDENATA

Author(s): Velimir Rakočević / Language(s): Serbian Issue: 06/2015

This paper gives an overview of the phenomena of stress on the basis of monitoring a generation of students during examinations at the basic and specialist studies, with emphasis on the impact of stress on their effectiveness and efficiency. The aim of the paper is to demonstrate stress responses of students taking oral exams and to establish causal links between stress and academic achievement. The survey was conducted as a prospective study, including students who began their studies in academic year 2010/2011 and they were followed to the end of basic and specialist studies in the academic year 2013/2014. The method of observation, exploratory interview and statistical methods were used in the study.The survey results show that 31.35% of students in the first year of studies show some form of stress. It was found that 14.24% of students in the second year of studies were exposed to some form of stress. On the third year of studies averaged 11.49% of the students showed some form of stress. At specialist studies there was by far the least number of students who demonstrated some form of stress, only 1.26% of them. This clearly speaks in favor of the thesis that by studing harder and by commitment one can overcome the exams related stress and that a level of stress decreases with the progress the students make during the studies, who eventually become resistant to stress. Therefore it is of great importance to successfully overcome the first obstacles.It was also found that higher level of stress negatively affects the student results at exams. Namely, 56-63% of students suffering from high level of stress were not enrolled in the next academic year in time, while only 28-29% of students who felt very little stress or no stress at all during exams were not enrolled in the next academic year in time. The conclusion is that high levels of stress negatively affects the achievement of students and it was convincingly demonstrated by this study.

More...

KLINIČKO PRAVNO OBRAZOVANJE – NUŽNI DEO OBRAZOVANJA PRAVNIKA

Author(s): Dragana Ranđelović / Language(s): Serbian Issue: 07/2016

In this paper, the author will try, through a brief review of the concept, characteristics, methods and subjects of clinical legal education to point out its significance and the reasons for the introduction in the curriculum of Facultys of Law. The theoretical knowledge that students gain during their studies, as much as good and multilayered it was, it is not enough to allow them to independently perform juristic call after obtaining a diploma. Successful and efficient performance of the legal profession requires the possession of a number of skills, such as interviewing skills, counseling, writing legal documents, etc., and just those skills are subject of clinical legal education. At most law schools has been set up legal clinics, but they have only an optional character.. In this paper, the author tries to prove the necessity of introducing clinical legal education as a compulsory subject, allowing all students to provide quality and complete theoretical and practical knowledge that will enable them to professional, conscientious, responsible, high-quality, professionally and independently perform their future profession.

More...

Współczesny obraz konstytucyjnej zasady laickości we Francji. Próba syntezy

Author(s): Jacek Falski / Language(s): Polish Issue: 5/2016

The constitutional principle of secularity is one of the foundations of the French Republic. Now adays, you can observe the process of its deconstruction in terms juridical measures and formulas. The author reminds us of constitutional origins and form of the principle of secularity, but above all shows the methods and legal instruments for the transition from the system of the so-called hostile separation of church and state to the stage of the so-called positive secularity

More...

Pozytywistyczna koncepcja prawa a konstytucyjne akty prawa wewnętrznego oraz pozakonstytucyjne akty normatywne administracji

Author(s): Piotr Ruczkowski / Language(s): Polish Issue: 1/2014

This article constitutes an attempt to evaluate the legal status of legislative acts of internal characterprovided for in the Constitution and some actions exhibiting features of normative acts not providedfor in the Constitution of the Republic of Poland of April 2, 1997 but present in the process of administeringthe state, from the perspective of legal positivism and the theory of law sources. In particular,the article attempts to answer the following questions: Do such acts constitute legislation fromthe point of view of legal positivism, i.e. can they be considered to be normative acts containing rulesof a general and abstract content established or approved by the state?

More...

Analiza prawnej i faktycznej sytuacji poręczyciela – wybrane zagadnienia

Author(s): Łukasz Jurek,Rafał Maciąg / Language(s): Polish Issue: 1/2012

This paper highlights the issues arising from an obligation such as surety. Under the provisions of the Polish Civil Code, the legal position of a guarantor is closely related to non-legal factors. The ambiguity and uncertainty of the status of a guarantor are even greater due to the variability in time of the normative construction of a surety. Therefore, in addition to the measures available in law, a certain counterweight, such as the general public values, is necessary to address this state of affairs. The most widely understood trust, being the necessary condition for the proper development of a modern democratic state of law, may undoubtedly play that role.

More...

Problem tzw. legalnej bigamii w II RP w świetle spraw małżeńskich toczonych przed Sądem Okręgowym w Poznaniu

Author(s): Szymon Paciorkowski / Language(s): Polish Issue: 2/2013

The purpose of the paper is to present the problem of so-called “legal bigamy” in the light of the rulings of the District Court in Poznan. The marriage law regulations in The Second Polish Republic were completely different in various parts of the country and attempts to unify them failed. This situation caused significant problems: for example, many civil courts refused to recognize some of the divorce judgments issued by church courts in the former Russian partition because of their improper jurisdiction. The paper focuses on two matrimonial cases that were ruled upon by the District Court in Poznan. In both cases the District Court in Poznan was to decide whether divorce judgments issued by the church court of the Polish Orthodox Church in Warsaw were also binding in the former Prussian district.

More...

Charakter prawny i materialnoprawne konsekwencje wpisu w dziale I-O księgi wieczystej

Author(s): Ivo Kucharczuk / Language(s): Polish Issue: 2/2013

The article deals with the controversies concerning the legal nature of the records in section ‘I- Identification of real estate’ in the mortgage register, which implicitly determine the reach of the rights disclosed in other sections, and may be of importance for both the legal presumptions pertaining to these rights and the principle of public credibility of the register. Having discussed the administrative regulation of the land and building register as well as procedural mechanisms for making records in section I of the mortgage register, the author continues to analyze the view of the doctrine on the legal importance of factual data in this section, divided according to their effect on the principle of public credibility and legal presumptions of the mortgage register

More...

Stan konieczności ustawodawczej — niemiecka osobliwość czy potencjalne źródło inspiracji recepcyjnej?

Author(s): Maciej Pach / Language(s): Polish Issue: 6/2013

The state of legislative emergency (Gesetzgebungsnotstand) is a legal instrument specified in Article 81 of German Basic Law of 1949, which has no equivalent in the constitutions of other countries. It provides a minority government with a means of implementing its legislative program, even againstthe will of the majority of the Members of the Bundestag. In order to use this instrument, however,the government is required to get support from the Bundesrat and the Federal President. The articlecontains an extensive analysis of Article 81 of the Basic Law and the discussion on the possibility reception there of by the Polish Constitution. According to the author, this would be advisable, becauseits adoption would lead to reinforcement of — as far — too weak constitutional position of a minority government.

More...

Teoria odpowiedzialności częściowej (proportional liability) jako koncepcja sprawiedliwego rozłożenia ciężaru odpowiedzialności deliktowej – wprowadzenie do problematyki

Author(s): Ewa Bagińska / Language(s): Polish Issue: XXXV/2016

The article is devoted to the operationalization of the principle of justice in the context of tort liability. The analysis was focused on a particular case of tort liability in which it was impossible to determine which of the potential reasons attributed to various entities had caused a damage. It could not be stated with the required probability (i.e. according to the standard of proof of a causal link in the particular legal system) but there were no doubts that one of the potential reasons had caused the damage. Against the background of this case the Author has presented the construction of proportional liability, which is a concept of fair sharing of tort liability that has been developed in recent decades by the jurisprudence of foreign courts.

More...

Interes publiczny czy interes prywatny w zasadzie in dubio pro tributario?

Author(s): Marta Tużnik / Language(s): Polish Issue: 35/2017

The article discusses the principle in dubio pro tributario, which was established by the law of 5 August 2015, Act – Tax Code and some other laws. This Act came into force on 1 January 2016 introducing the general provisions of the Tax Code art. 2a is inserted: “indelible doubt about the contents of tax law are resolved in favor of the taxpayer”. The axis of discussion article was an attempt to answer the question: is based on the principle in dubio pro tributario interests of the taxpayer will actually be protected and whether the public interest will be treated on a par with private interests (the taxpayer).

More...

Sprawiedliwość ślepa czy wrażliwa na kolory? Akcja afirmatywna a zasada równości w najnowszym orzecznictwie Sądu Najwyższego Stanów Zjednoczonych dotyczącym preferencji rasowych przy ubieganiu się o przyjęcie na studia

Author(s): Marcin Michał Wiszowaty / Language(s): Polish Issue: XXXV/2016

The article discusses key issues of recent jurisprudence of the Supreme Court of the United States of America (SCOTUS) concerning racial preferences in university admissions known as affirmative actions. The aim of the article was to present the current position of the judiciary and the doctrine on the so - called affirmative actions – it's acceptable purposes, manifestations, and borders. The decisions in cases of Fisher v. University of Texas (2013) and Schuette v. Coalition to Defend Affirmative Action (2014) attracted a particularly wide critical response of the American doctrine of constitutional law. The race is still an important indicator of the social position of a person in the USA and often is a source of discrimination. Affirmative actions conceived as mechanisms for the elimination of racial discrimination not only have not brought the desired results but also resulted in phenomena such as the so-called secondary discrimination (mainly the stigmatization of the members of minority groups and the consolidation of negative stereotypes) or reverse discrimination (affecting the members of majority groups) thus deepening racial division. Despite the announcement of the imminent abolition of affirmative actions or even the introduction of relevant prohibitions in state constitutions and law, it should be noted that anti-discrimination mechanisms are still needed in the USA. Because of the fact that the alternative mechanism of anti-discrimination has not been establishing yet, it is expected that affirmative action will be still applied (perhaps in a different form), and its manifestations and objectives will be an object of the analysis of the doctrine of law, as well as an object of SCOTUS rulings, especially in the context of the constitutional principle of equality (equal protection).

More...

Sprawiedliwość konstytucyjna czy polityczne targowisko: kogo i Jak wybierać do sądu konstytucyjnego?

Author(s): Jerzy Zajadło,Tomasz Tadeusz Koncewicz / Language(s): Polish Issue: XXXV/2016

The Authors critically analyze two problems associated with the creation of a constitutional court - on the one hand, the substantive qualifications of candidates, on the other hand, the mode of judges election. The considerations are presented against the background of the amendments to the Polish Law on Constitutional Tribunal that has been recently adopted. According to the Authors, the primacy of the Constitution as a legal act and the specifics of its application and interpretation require special qualifications from the candidates for judges. Therefore, the criterion „to possess distinguished legal knowledge” undoubtedly seems to be insufficient. In this context, they also pose the question of whether a constitutional judge should be only “a good craftsman” or also “a wise philosopher”?As the Constitutional Tribunal serves as a guardian of the constitutionality of law it is very important to provide solutions that would release it from current political disputes.However, the mode of the election of judges that have been recently adopted in Poland does not create such a guarantee and does not contribute to building a strong external and internal legitimacy of this authority. In practice, political parties represented in the parliament treat the elections of judges to the Constitutional Tribunal as a struggle for political booty.

More...

Kultura prawna z perspektywy dystynkcji między cywilizacją a kulturą

Author(s): Waldemar J. Wołpiuk / Language(s): Polish Issue: XXXI/2014

In the article entitled “Legal culture from the perspective of distinction between civilization and culture” the Author analyzes – in the context of the content of the concept of “legal culture” - the issue of the inﬂuence of civilization and culture on law. Respectively, on the basis of domestic and foreign sources, he analyzes the origins of the following concepts: civilization and culture, their relations and connections, as well as their relations to law perceived as a product of civilization and culture. As a result, a statement is expressed

More...