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На основании сообшения жандармской станции Шторе (1. 10. 1941), заявления Хер-мины Сеничар и Альберта Церковника на суде в 1946 г. автор доказывает, что II цельский отряд формально уже существовал, но что он был предан врагу раньше, чем он смог связаться с II штайерским батальоном в Добровльях.
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The conceptual definition of discrimination suggests that discrimination is a disadvantage for individuals because of race, ethnicity, religion, nationality or any other affiliation. It is only after the Second World War that we can talk about the prohibition of discrimination that is prescribed in various international legal documents - both at the UN level and within the various regional international documents. Unlike conventions and declarations adopted within the UN, which did not specify an effective protection mechanism, they are regional ones. First of all, we mean the European Convention on Human Rights and Fundamental Freedoms, as well as the European Court of Human Rights, which protects the rights prescribed by the Convention. In addition, the EU Charter of Fundamental Rights, which prescribes the protection of human rights, has been adopted within the EU, for which the interpretation of the jurisdiction of the EU Court is when the national courts are contacted. Article 21 prohibits discrimination. One of the protected bases is the prohibition of discrimination based on religion or belief. This is precisely what the cases of Achita and Bougnanoui, who found themselves before the Court of the EU, and who resolved them differently, indicate discrimination in one case (Bougnaoui), while in Achbita the same is not recognized.
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This paper studies the Supreme Court of the United States’ practice, focusing especially to the judgments that caused social and legal-political changes. Observed through a timeframe, this was the period in which the court passed the most significant judgments in its history. In this paper, the special attention is paid to the 1857 Scott v. Sandford case that regulated the status of slaves, that is, slavery. The research deals with the status of African Americans and the manner of judicial access to this issue. The 1857 case is considered to be the most significant in American constitutional history. The court entered crisis following the pronouncement of the judgement, while the public protested. As an example, we can mention political debates and speeches. Nevertheless, the position of the Supreme Court in this case caused a deep political crisis culminating in the outbreak of the Civil War (1861-1865), which ended with the victory of the North. The study has found that the United States Supreme Court exercised its role, and the 1857 Judgment favoured only the interests of a number of Federal member states. This work also contains brief remarks on slavery.
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Recent judgements delivered by the International Criminal Tribunal for the former Yugoslavia (ICTY) in relation to Ratko Mladić and Prilić et al. confirmed the facts that prove the existence of joint criminal enterprises committed in Bosnia and Herzegovina from 1992 to 1995/6. In the first case, the JCE included persons from political life, military, police and civil authorities of the RS, whereas the second case included the highest-ranking officials of the so-called „Herceg-Bosna‟ as well as the Republic of Croatia, including Franjo Tuđman, Gojko Sušak and others. Relevance of the topic imposes the need for a theoretical and practical interpretation of the joint criminal enterprise as a form of criminal responsibility which, as such, was defined for the first time in history in cases before the ICTY.
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In December 2019 it will ten years of Sejdić and Finci judgment of the European Court for Human Rights. It was followed by Zornić, Šlaku and Pilav judgments. The Court found that Bosnian Constitution was not in the line with the European Convention for Human Rights. In Zornić and Šlaku judgments under Article 46 of the Convention, Court stated that in order to implement these judgments, Bosnia and Herzegovina would have to introduce constitutional and legislation amendments. All four attempts by B&H public authorities to enforce Sejdić and Finci group judgments were unsuccessful. These attempts were characterized by: a short deadline for the drafting constitutional amendments and amendments to the Electoral Law, failure to hold sessions of the working group/parliamentary commission due to the absence of its members and consequent lack of a quorum, apparent transparency in work and lack of will to fulfil the mandate of the working group/parliamentary commission and efforts to reach an agreement on amendments. Parallel to these formal attempts, there was non-institutional process with the aim to reach a political agreement on constitutional reform. This two years process involved seven presidents of parliamentary political parties and it was facilitated by European Union. The process was not transparent, public has no insights about different proposals and it was conducted only in closed circle of seven politicians. Eventually it did not deliver any results. In order to have Court’s judgments implemented, a few conditions need to be met: it has to be done within Parliamentary Assembly which has a competence to change constitution, Council of Europe bodies like Parliamentary Assembly, Secretary General and its member states should act in synergy to produce a pressure on Bosnia and Herzegovina to fulfil its international obligation such is Court’s judgment implementation and Bosnian politicians have to understand implementation of these four judgments as issue of the rule of law and not to use it for its party and ethnic interests.
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The article deals with the possibility of developing tax decentralization and its main part – the institute of local taxes in Bulgaria. Local taxes are charged by the municipalities and are established by the Local Taxes and Fees Act. According to the fifth amendment to the Constitution of the Republic of Bulgaria the Municipal Council determines the amount of the taxes within the range established by the law (till the end of 2007 the rates and amounts of local taxes were provided for by the law). There is analyzed application of the principle for statutory establishment of tax liabilities in the spirit of the principle of the fiscal decentralization.
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This paper highlights the novelty of the appeal in annulment through the new Civil Procedure Code. Structured on three chapters, the paper begins with some general considerations regarding the analyzed institution and continues in chapter two with the examination of the grounds of the appeal in the joint annulment and then of the special one with highlighting the modifications brought in the previous regulation, including those determined by the qualification as final the appeal decision. The third chapter is devoted to a brief analysis of the court procedure, highlighting the novelties raised in this matter.
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The case of Greek law reflects nothing but a fact of coexistance between Western and Islamic law traditions. Domestic law in Greece, which contains a set of Islamic legal norms whereby Muslims living in the particular regions of Greece settle their legal disputes, proves this statement. This feature of Greek law has long made it unique in Europe. Something however, has recently changed in the Greek legal regulation what made the mentioned uniquiness different. In 2018, the mentioned Greek legal regulation which has been a result of historical circumstances and international legal agreements signed in XIX and XX centuries underwent a test. A complaint delivered to the European Court of Human Rights by a Greek Muslim living in the Greek region of Thrace created the test. More precisely, Greek legal instructions whereby local Muslims are obliged to deal with their inheritance issues through Islamic legal norms written into Greek law were questioned in the case Molla Sali vs. Greece. It was argued that the obligation is in clear contradiction with European Convention and denies the fundamental Western principle of freedom of choice. The main purpose of this article is to analyse the Molla Sali judgment issued by the European Court of Human Rights in December, 2018. In the first part of the article, international law agreements in which Islamic legal norms came to be a part of Greek national law are investigated. Further, the article takes into consideration the current Greek national legal regulation and its most recent developments. Third, the article analyses the Molla Sali judgment by discussing its facts and legal arguments delivered by the Court of Strasbourg. The article ends with a number of concluding remarks.
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The present work wishes to analyze the Romanian medical system in regard to Law no 95/2006 for malpractice cases. The general aspects of malpractice were analyzed first, starting from the legal definition and moving on to the doctrinarian interpretation. We have also analyzed the civil liability of the doctor with all its significant aspects, as well as the legal procedure of determining malpractice cases. Finally, we have introduced a case study, the trial Codarcea versus Romania, a trial in which the Romanian state was sentenced by the European Court for Human Rights for the violation of articles 6 and 8 of the Convention. The Romanian state was sentenced to pay moral damages in the amount of 20.000 Euros.
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Genocide in Bosnia and Herzegovina mainly refers to the Srebrenica genocide committed by Serbian Army forces in July 1995, with the aim of destroying all Bosniaks in the area, but also genocide in a broader context denoting crimes against humanity and war crimes during the Bosnia and Herzegovina from 1992 to 1995. The term describes the campaign of ethnic cleansing and killing in the war in Bosnia and Herzegovina. Bosnia and Herzegovina, holding that the then FR Yugoslavia was responsible for the violations of international humanitarian law or genocide committed in Bosnia and Herzegovina, filed a lawsuit before the International Court of Justice to determine its liability. The Tribunal has ruled that the criteria for genocide with the specific goals (dolus specialis) of Bosniak annihilation have been met only in Srebrenica and eastern Bosnia. The aim of the paper is to determine the consequences of the judgment itself, that is, what has been achieved with it and what its results are, given that the dispute was conducted for 14 years
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The article provides a solution to some legal issues, related to the employer's obligation to hand over immediately the duly filled out labour book to the employee upon termination of the employment relationship, respectively to the consequences of the non-fulfilment of this obligation, namely the incurring of the employer's financial liability. On the above-mentioned issues, contradictory practice of the Supreme Court of Cassation was noted, because of which the Interpretative Case No. 1/2019 of the General Assembly of the Civil College was started. The many specific issues raised by the contradictory case-law are limited to the question whether the employer's obligation under Art. 350, para. 1 of the Labour Code in all cases arises and becomes exigible at the time of the termination of the employment relationship, or several hypotheses should be distinguished, in at least one of which the emergence of the discussed obligation is not by virtue of the law, but for this purpose the execution of certain actions by the employee is required. The solution to these legal issues leads to the answers to the second group of questions, related to the occurrence of the employer's obligation to pay compensation to the employee due to the illegal retention of his labour book.
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The noun „pollicitatio“ means proposition, i.e. the promise of something, the commitment to do something. The root of this noun is also found in the Indo-European verb polliceor – offering through promises. Given the aggressive power of the empty promises of today's political powers, a classical Roman enlightenment is more than necessary. It is logical enough to say, almost without any convention, by the words of Oxenstierna: The ease of making promises and the difficulty of keeping them are almost inseparable. Rousseau's conception complete this wonderful sentence, adding that the slowest to promise is always the most faithful to fulfill.
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In no other form of life, but human life, time plays major role. Human life is not just present time, it is the “touching point” between the past and the future, the epicenter of the unbearable contradiction between life and death. For all of us time is primary factor since future offers the possibilities of living a quality life, opens new horizons for the realization of our motivations, expectations and achieving of human freedom. Discussions on this topic are older than life itself, which is a passing phenomenon, while the deliberation on euthanasia is a constant. Therefore, the opinions on this issue can be temporary and inadequate, satisfactory and definite – constantly being upgraded with new stands and changes and critics of the old ones. The history of this issue is full of speculations, scrutiny, unproven and disputable statements. This is so much true about euthanasia since this phenomenon is complex, extremely plural in its form, with “many faces” of merciful ending of life of a dying patient and with many possibilities for the abuse. In this paper the author under lines that to attempt to explain this phenomenon actually means to shed light on both moments, that is its both sides and make conclusions on the basis of these findings. This is even more important in this moment of the civilization’s growth glorifying individual freedoms, but at the same time facing moral alienation as its recognizable trait. Thus, unveiling all the aspects of this human drama becomes a prerequisite by itself.
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This major campaign of repression that developed in the USSR between 1949 and 1951 remains obscured by myth and speculation to the present day. The present article analyzes how Stalin planned the show trial and what sort of a “signal” it was to send to his inner circle and lower-ranking officials. To that end, this article publishes the official criminal indictment for the “Leningrad Affair,” as well as commentary and an analysis of the crimes that were attributed to A. A. Kuznetsov and his comrades-in-arms. The criminal indictment is published in its totality here for the first time. This is an important historical source, insofar as it depicts the case in the way that the dictator intended it to be viewed. Its inconsistencies and poor argumentation testify to the authorities’ failure to successfully organize this political show trial and develop a persuasively constructed indictment. The article also investigates the process according to which the central “Leningrad Affair” show trial was prepared. The authors track the early versions of the indictment and show how Stalin altered the court case in an effort to make it more persuasive. The article also demonstrates the bankruptcy of the accusations within the indictment, which could have been leveled against any regional strongman in the USSR but were instead made against the leadership of only a single party organization. The text of the indictment is rendered here without ellipses and furnished with biographical information about the people named within the context of the criminal case. It contains more information than the already published sentence of the court in regard to the “Leningrad Affair,” allowing for an array of new conclusions to be drawn about the nature of this case.
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Bulgaria was amongst the first states in Europe to hold trials with an exclusive focus on anti-Jewish persecutions during the Second World War. On 24 November 1944, a chamber solely dedicated to the prosecution of anti-Jewish crimes was established within the People’s Courts (1944–1945). This judicial action thus constitutes a unique experiment in the qualification of crimes, the use of material/testimonial evidence, the establishment of proof, and the devising of sentencing policy. Seen as a stage on which several contenders fought over the reading of the recent past and the present in the making, the Court also offers a lens on the complex interplay between the prosecution of war crimes and the crafting of revolutionary changes as well as on the relations between Jews and non-Jews at the end of the war. Drawing on a diversity of archival records (accusation files and protocols of the hearings among others), the article will underline two paradoxes. First, the chamber established to prosecute anti-Jewish crimes ended up building a master narrative of “collective innocence” centered on the “rescue of the Bulgarian Jews,” which has remained dominant in Bulgarian public discourse to this day. Second, the communist Jews who had fought for the recognition of Jewish suffering ultimately took part in the euphemization of Jewish experiences of the war. In resorting to justice, they hoped to convince the local Jewry to stay in Bulgaria and build socialism there. For that purpose, they had to prove that the wartime policies were the deeds of a handful of “fascists.” Henceforth, they embraced the official discourse of interethnic solidarity in combat and sorrow, thus downplaying the specificity of the Jewish predicament.
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The paper is devoted to the admissibility of recognition and enforcement of a judgment of a foreign court, the subject matter of which is recognition or declaration of enforcement of a judgment from yet another state (judgment on judgment). The issue is discussed in particular with reference to the public policy exception which constitutes a ground for refusal of recognition or enforcement of foreign judgments, both under Polish domestic law (the Code of civil procedure) and European law (Brussels I bis Regulation). It remains controversial whether the judgments on judgments should be recognized, thus benefiting from the so called “parallel entitlement”. The article takes a comparative approach, examining solutions adopted by various legal systems and analysing arguments for and against recognition of such decisions. The author takes the position that they should not be recognized (and that their enforceability should not be declared) in Poland, both under the Code of civil procedure (as with respect to judgments originating from non-EU states), as well as under EU legislation, in particular Brussels I bis Regulation. It is advocated that the concept of a “parallel entitlement” should be rejected.
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After the Constitutional Court was established in accordance with the 2006 Constitution, parties to various proceedings were provided with another legal remedy for reviewing court decisions. The Constitutional Court, in response to constitutional complaints, began to annul court decisions, finding that these decisions violated or denied human or minority rights and freedoms guaranteed by the Constitution. This caused dissatisfaction among the courts, especially the Supreme (Cassation) Court. The 2022 amendments to the Constitution explicitly provided that a court decision may be reviewed not only by the competent court in a procedure prescribed by law, but also by the Constitutional Court in a procedure based on a constitutional complaint. At the end of 2024, the European Court of Human Rights issued a judgment against Serbia, which found a violation of the right to a fair trial in proceedings before the Constitutional Court due to the failure to provide a constitutional complaint to the person in whose favor the contested court decision was made. The subject of this paper is the analysis of that judgment and its possible impact on the proceedings of the Constitutional Court.
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Judicial cooperation in criminal matters in the European Union is an essential element in strengthening the area of freedom, security and justice. In view of the abolition of internal borders and the increase in cross-border crime, Member States are working together to ensure the effective fight against crime. This cooperation is governed by a complex legislative framework, including treaties, directives and regulations. Judicial cooperation in criminal matters is fundamental to ensuring effective justice and the security of European Union citizens. Through its mechanisms, the EU succeeds in combating cross-border crime, protecting fundamental rights and building trust between Member States, thus contributing to a safer and better legally coordinated Union. This paper looks at the main mechanisms, institutions and challenges of judicial cooperation in criminal matters in the EU. Mechanisms such as Eurojust and the European Public Prosecutor's Office (EPPO) allow for better coordination of investigations and prosecutions, cutting red tape and speeding up the exchange of information between national authorities. This makes cross-border crime investigations faster and more efficient.
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On December 6, 2024, the Constitutional Court of Romania annulled the presidential election due to irregularities, particularly the abusive use of social media by Călin Georgescu, which distorted the fairness of the vote. Due to this misconduct, his application for registration as a candidate in the new election scheduled for May 4, 2025, was rejected by the Central Electoral Bureau. This rejection was confirmed by the Constitutional Court, in accordance with its jurisprudence established in a ruling on October 5, 2024, which also dismissed the candidacy of Diana InavoviciȘoșoacă for her anti-democratic behaviour. The Court acted based on the doctrine of militant democracy to exclude both candidates from the electoral race. However, this case law raises concerns about compliance with the principles of legality, legal certainty, and the risks of possible political manipulation of established judicial precedents for partisan purposes. This study also offers, from a broader perspective, a reflection on the use of the doctrine of militant democracy, the interpretive limits that apply to constitutional judges, and respect for the principle of the separation of powers.
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The precedential authority, be it vertical or horizontal, must be respected as a norm to guarantee stability, fairness, and predictability of the law and the way it is perceived by the general public. Rupert Cross explains the precedent in terms of binding: “a court is bound to follow any case decided by a court above it and appellate courts (other than the House of Lords) are bound by their previous decisions” . This very definition and its consequential approach was cited in the case of 2 Willers v Gubay, the precedent being acknowledged as “fundamental” to maintaining “coherence, clarity and predictability”3 meant to avoid anarchy. Duxbury describes the procedure of following the precedent as establishing “an analogy between one instance and another”4 because decision-making seems to be a kind of analogical reasoning. At the same time, the act of following the precedent is perceived as a retrospective-looking gesture which can develop a “consequential”, rather “historical dimension”.
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