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In der letzten Nummer der gegenstimmen berichteten wir unter dem Titel »Bleierne Zeitem über die Festnahmen von Vladimir Mijanovic, Dragomir Olujic, Gordan Jovanovic, Pavlusko Imsirovic, Miodrag Milic und Milan Nikolic. Wir beschrieben den Hungerstreik, die Petitionen aus dien Kreisen Jugoslawiens.
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Anläßlich des Prozesses gegen sechs Intellektuelle in Belgrad verfaßte das Sozialistische Osteuropakomitee eine Protestresolution an den jugoslawischen Präsidenten Yeselin Djuranovic, in dem es sich gegen die Verfolgung der freien Meinungsäußerung wandte — einem Recht, das sogar verfassungsmäßig garantiert ist.
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The article discusses the procedural aspects of decision-making by the plenary session of the Constitutional Court of the Czech Republic. It highlights the division of cases between the plenary session and smaller panels, emphasizing the importance of the plenary session in deciding the most serious cases, such as the annulment of laws and constitutional complaints. The article also addresses the quorum requirements and the challenges in interpreting legal provisions related to decision-making. It critiques the current practice of the Constitutional Court, suggesting that the existing procedures may not cover all potential scenarios and proposing possible improvements. The author argues for a consistent approach to decision-making, whether the outcome is to annul or uphold a law, and stresses the need for a qualified majority in significant cases. The discussion includes examples of past decisions and differing opinions among judges, illustrating the complexities and potential inconsistencies in the Court's practice. The article concludes by suggesting that legislative changes might be necessary to ensure clearer and more effective decision-making processes.
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The document discusses the involvement of political parties in proceedings before the Supreme Court of the Czech Republic. It outlines the types of cases where political parties may appear, including appeals against registration refusals, dissolution or suspension of activities, and review of election decisions. The document highlights the legal norms applicable to these proceedings, emphasizing the mixed nature of the relevant laws, which contain both substantive and procedural elements. It also addresses the procedural specifics of these cases, such as the non-contentious nature of certain proceedings and the investigative principle applied. The document critiques the current legal framework, suggesting that it may not adequately reflect the unique nature of these proceedings and calling for potential reforms to better accommodate the procedural rights of political parties.
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The article discusses the complexities and legal ambiguities surrounding auctions under Czech law, particularly focusing on the law No. 427/1990 Sb. It highlights the inconsistent interpretations and applications of the law by courts, especially regarding the acquisition of ownership of auctioned goods and the determination of their prices. The article emphasizes the need for a clear and unified legal framework to address these issues, citing various court rulings and legal theories. It also explores the contractual nature of auctions and the potential for invalidating auctions based on certain legal defects. The discussion includes the responsibilities of the auctioneer and the bidder, the timing of ownership transfer, and the legal consequences of not paying for auctioned goods. The article concludes by suggesting that despite existing judicial interpretations, further clarification and legal reforms are necessary to ensure fair and consistent auction practices.
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Author discribes from the heraldic view the manuscript stored in National Archives containing the names and blazons of Provincial Court officials in Bohemia.
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Review of: Woitschová, Klára: „… což slušného a spravedlivého jest fedrovati…“. Personální obsazení pražského apelačního soudu v letech 1548–1783. Nová tiskárna Pelhřimov, spol. s r. o., Pelhřimov 2010, 197 s.
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The goal of the article is to present the historical development of the exception from the rule of the court administration review by administrative courts, which is the transference of its conducting to the Antitrust Court (currently the Court of Competition and Consumer Protection). The additional goal is to answer the question of the grounds of the transference to a popular court the jurisdiction in antitrust cases, and then in regulatory cases. Two theses were formulated by the authors. The first thesis states that the Polish antitrust court model were based on the liberalization processes. The second thesis assumes that, despite faulty solutions in the procedural area, the functioning of the jurisdiction of the Court of Competition and Consumer Protection contributed to the development of competitive economy in Poland. The authors begin their consideration with the Act from 17th March 1921. The Constitution of the Republic of Poland (the so-called March Constitution) and the Act of 3rd August 1922 on the Supreme Administrative Tribunal. In addition, they analyze the liberalization processes that took place in Poland after the changes of 1989. The second part covers the genesis of the Competition and Consumer Protection Court, the evolution of the jurisdiction of the Antimonopoly Court from 1990 to 2017 and the analysis of the issue of hybrid appeal proceedings. In this part, the authors refer to draft laws, transcripts of the sittings of the Sejm of the Republic of Poland and analyze the statistics of the case law of the Court of Competition and Consumer Protection from 1992 to 2020. The deliberation shall be based on legal regulations and scientific papers. The analysis shall focus on the proposed bills and on the related legislative process. The following methods were applied in the article: dogmatic-legal and analytic-synthetic.
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This text is devoted to selected issues related to adjudicating and carrying out the death penalty in the times of the Polish People's Republic. This penalty was allowed by the Penal Code of 1969. In the current Penal Code (i.e. the one from 1997), this penal sanction is not provided for. Therefore, the selected topic fits into the theme of the journal on the history of law and modern law with a clear historical context. Removing the death penalty seems to be a very big change when it comes to the Polish criminal law. The aim of the article is to familiarize the reader with the legal provisions regarding the death penalty in the times of the Polish People's Republic and the realities of its adjudication and execution. Thanks to the use of the research method consisting in the analysis of legal acts, the researchers found the answers to the following research questions: which crimes resulted in the death penalty, what legal acts provided for such a possibility, and what the procedure was like under the provisions of the Executive Penal Code of 1969. Further on, the researchers used the method of analyzing the literature on the subject. The sources included books and magazine articles on specific topics, documentaries, and Internet sources deemed reliable. The main part of the text is a criminological analysis of three selected criminal cases. They were considered the most interesting in the context of the discussed topic. The descriptions of the criminal Polish People's Republic are intended to supplement the theoretical information obtained by means of the two methods mentioned above. In addition, they will allow the reader to move to those realities.
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This article presents considerations of the various legal institutions that make reaching the truth possible, on the other hand, those that reduce such possibility. This text also shows the influence of such institutions on cognitive possibilities of procedural bodies, as well as the advisability of the truth’s guarantees and limitations in criminal proceedings. After all, the truth is one of the values that are realized by the Polish system of criminal procedural law, and therefore the procedural law must create the possibility of reaching the truth. On the other hand, however, the truth may come into conflict with other values that are expressed by the Polish legal order, so that many times the truth must be limited or excluded for the sake of another value. The considerations are devoted to the relationship between the truth and other principles of the criminal process, institutions of the evidence law, the appellate process and procedural guarantees. This article outlines also the possible extra-legal threats for possibility of reaching the truth.
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Based on archival sources, primary and secondary literature (memoirs, published sources, etc.) and newspaper articles, the paper presents the biography of Leo Pfeffer, the investigating judge in the case of assassination of the Austrian heir to the throne Franz Ferdinand in 1914, and critically examines and analyzes his book “Investigation into the Sarajevo Assassination” and reactions to it in the public at the time, as well as in contemporary historiography. The book was written by Pfeffer 23 years after the events of 1914, and was published in 1938 by the publishing house “Nova Evropa” in Zagreb.
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Between December 1918 and December 1920, less then 300 men and women were sentenced to death in Estonian army field courts martial. Meanwhile the Red Terror of Cheka yielded 600 to 700 fatalities between December 1918 and early spring of 1919. It’s difficult to judge how Penal Policy of both sides affected soldiers. On both sides the majority of those who received the capital punishment were civilians, not soldiers. The legal basis for both sides offered a lot of freedom of interpretation with sentencing. Four months after the creation of Estonian field courts martial these institutions received quite detailed instructions. The Cheka however continued to work on guidelines of the ‘Red Terror’ Decree dated September 5th 1918, allowing them much wider freedom. However Estonian Field Courts Martial but also local Chekas worked in various ways. Also, it can’t be ruled out that Estonian society did not get the full picture of Penal Policy from newspapers.
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The aim of this contribution is to find answers to questions related to the admissibility of limiting the transferability of bonds with the consent of the issuer, which was triggered by the Supreme Court’s judgment issued on 27. 4. 2023, sp. zn. 27 ICdo 30/2022. Based on the fact, that a bond as a debt security incorporates a claim, the Supreme Court applied the legal regulation of the prohibition of cesses to the question of the admissibility of limiting the transferability of bonds (§ 1881 of the Civil Code). With regard to the consequences of violating this restriction, the ineffectiveness of the transfer was subsequently argued. For the reasons discussed in more detail in this contribution, the first part of the decision, based on the thesis of equating a claim from a bond to a claim not embodied in a security (assignment of a claim), is particularly problematic. In addition to the analysis of questionable passages of the judgment, the contribution will also focus on outlining alternative considerations regarding the adjudicated question. General (rather theoretically tuned) consideration of the permissibility of limiting the right of disposition to bonds will be supplemented by a more practical interpretation of the legally approved modalities of such a limitation. The third discussion area will be devoted to issues related to the legal consequences of violating transferability restrictions.
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The study of constitutions in the context of the global financial crisis can be structured through two distinct questions: how can constitutions help in the crisis and what happens to constitutions during such a crisis? Beyond its economic impact, the 2008 financial crisis has produced new constitutional stories. One of the most important issues that we should discover is “How does the global financial crisis affect constitutions and their enforcement?” Nonetheless, one could begin by asking the exact opposite that is “Can constitutions affect the course and the consequences of the financial crisis?” The interaction between the financial crisis and constitutions differs in each legal order as it is correlated to the exact form the crisis took in each country, varying in terms of intensity and symptoms, and also because constitutions and political systems have their own safety valves in response to such challenges. Looking back to the 1930s, the New Deal constitutional moment and the collapse of the Weimar Constitution are suggestive of the interaction between major financial crises and constitutions, indicating that completely adverse reactions may occur. What happens depends on a combination of constitutional design and multiple external factors. This attempt to document how constitutions responded to the 2008 global financial crisis is structured by addressing a series of questions that aim to reveal what dominated the country- specific dialogues.
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