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According to Article 63 of the Constitution of the Republicof Poland and the Act on Petitions local self-government units and their authoritiesare not authorized to submit petitions to the Sejm. However, the provisions do notexclude such a situation where persons who discharge a public function in authoritiesof local self-government units submit individual or collective petitions.
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The purpose of these article is to analyze the amendment of the Act on the National Court Register from 26.01.2018 in terms of the impact of the amended legislation on the security of business transactions (The Amendment Act is an element of the package of laws called the Business Constitution). The article presents crucial changes in the above-mentioned legislation and tends to answer the question what kind of impact those changes can have on the legal certainty and security of contracting. The analysis leads to the conclusion that the direction of changes corresponds with the latest trends and needs and should be assessed positively. In particular, this applies to changes aimed at facilitating access to information in the register and in foreign registers.
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The right to sue for famous people whose names or brands are used as Internet domain names by cybersquatter has not been regulated in the Law on Trademark in Indonesia. This situation raises questions concerning the certainty of Trademark Law for famous people in claiming for civil compensation against cybersquatters. In this research, This study applies a normative juridical method focusing on the applicable legal provisions, The specification of this research is analytical descriptive, namely, by providing facts about the use of famous trademark names as internet domain names, as well as the right for the famous person to file a claim based on the provisions of the ITE and Trademark Law that can be used as a legal basis for compensation claims against cybersquatters. Results show that the Trademark Law has not yet implemented the principle of legal certainty in protecting famous people who are victims of cybersquatting in Indonesia, particularly in regards to their right to sue for civil compensation, because it did not yet have norms or rules governing the right to claim for civil compensation for famous people whose trademarks (names) are used as domain names by cybersquatters. The concept of regulating trademark in Indonesia needs to include norms or rules regarding the right to sue for civil compensation for famous people who are victims of cybersquatting in Indonesia.
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The aim of the article is to demonstrate the possibility and validity of classifying the actions of pro-life activists who display photos of dead human foetuses in public spaces as falling under Article 51 para. 1 of the Code of Petty Offences. For this purpose, linguistic, historical, teleological, comparative and systemic interpretation was used. The article demonstrates that presenting large-format pictures of bloody, sometimes fragmented human foetuses on billboards, in public spaces such as streets, squares and parking lots, disturbs public peace, causes a scandal and may even disturb public order. The conduct of pro-life activists can also be classed as public indecency. In Poland it is not acceptable, nor is it compatible with common custom or the norms of social coexistence, to impose on people in public spaces photographs of bloody, torn apart human corpses. The intentional conduct of pro-life activists with regard to the actions taken is sufficient to hold them accountable. Yet as described in Article 51 para. 1 of the CoPO, the effects do not have to be intentional; it is enough that they envisaged or at least could have predicted that their actions would disturb the peace or public order, or cause a scandal. For the application of Article 51 para. 1 of the CoPO it is also enough that the disturbance of peace or public order or a scandal is caused by at least one individual.
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The present scientific approach, springing from the practical, concrete needs, appeared in the space of manifestation of the role of one of the fundamental institutions of the Romanian state, is based on the wider and more complex reality of Romania’s international commitments, particularly the issue to fulfil the obligations arising from its status as a full member of the European Union, in terms of the application of European law, in respect of its fundamental values in relation to the national legal order, especially the priority over the rules of national law.At a conceptual, theoretical level, given these decisive influences of European law on the process of creating Romanian law, in the effective crystallization of the sources of positive law, by virtue of Romania’s accession to the EU treaties, the article intends to assess some possible coordinates of the process of reform of the Legislative Council, under the aspect of its obligations on the line of legislative harmonization, in application of the provisions of Article 79 of the Constitution, regarding the essential role of this institution in terms of systematization, unification and coordination of all national legislation. From such a perspective, it is confined to the research of the correlation between the needs of the state, in this case the obligations imposed constitutionally on all public authorities, according to Article 148 of the fundamental act and the concrete realities of the phenomenon, in the projection of the organization and functioning of the Legislative Council, the author advances concrete solutions meant to ensure its institutional adequacy to the weight and dynamics of the European legislation, in a continuous change, in the context of increased institutional efficiency.
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Numerous constitutional references to „family” raise the question of how – at this level of sources of law – should we interpret this concept and what are the consequences of adopting a specific interpretation of the constitutional foundations of family law. It is explained that the constitutional model of the family is an expression of a specific axiological choice that prefers the model of social relations based on the marriage between woman and man, and a stable and lasting community of parents and their children. The references to the jurisprudence of the Constitutional Tribunal show that the family is perceived as an important constitutional value. Its protection is meant to take measures to strengthen mutual relations between family members and to create conditions enabling them to exercise their mutual rights and obligations. It is therefore problematic for the legislator to use such definitions of the family which, in the process of their interpretation, identify it solely on the basis of the criterion of joint management or income community. The financial support of the family must take into account the principle of subsidiarity. Therefore, it cannot lead to the granting of public funds to communities in which the basic obligations of family members are not fulfilled.
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The article focuses on the openness of judicial proceedings, in particular the openness of the trial, considered as an important element of the constitutional right to a trial, the requirement of procedural fairness and the condition for maintaining the social legitimacy of the judiciary. The immediate context for the considerations is determined by the changes introduced by the Act of May 28, 2021 amending the Act – the Polish Code of Civil Procedure and certain other acts, making it possible to limit the openness of court proceedings in relation to the occurrence of an epidemiological emergency. The author draws the attention to transformations in the constitutional position and ways of perceiving the legitimacy of courts in modern constitutional democracies. The increasing role of courts in settling major political disputes, resolving social conflicts, controlling governmental authorities and enabling citizens to hold representatives of the authorities accountable for their decisions renders participation in judicial proceedings one of the fundamental democratic activities nowadays. The author also indicates that the trial (as a fundamental form of communication between judges and citizens and a special phase of proceedings allowing the court to deeply examine the facts of the case and to learn the prevailing understanding among citizens of the values and principles on which the legal order is based) is a key measure to achieve the principles of procedural justice during the course of specific proceedings and to establish trust in the third power before the public. Openness of judicial proceedings, especially the trial, is a condition for the courts to maintain a reflexive attitude in the process of ruling and thus to deepen the social legitimacy of the judiciary based on trust.
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In the study of the substantive legal grounds for the resolution of territorial disputes, the judicial form is characterized by the priority of the grounds of legal title (agreemental title, uti possidetis) based on international treaties, or legal acts of the state possessing sovereignty over the grounds of actual title (effective occupation and governning of the territory, tacit recognition, prescriptional acquisition). Like the initial occupation, the acquisition of territory on the basis of prescription has a long and effective occupation of territory as a prerequisite. The possession of alien or contested territory without a treaty may be legal and enforceable only when there is an inviolable, uninterrupted and undisputed exercise of possession. Where the disputable territory is infact administrated by a state other than that which holds title, the International Court of Justice gives preference to the title holder.
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For as long as Kosovo is not a member of the UNO and other mechanisms yet, the latter cannot ratify international conventions on human rights. But, in its constitution (Chapter II, fundamental rights and freedoms), Kosovo has included international agreements and instruments which guarantee the principles and values of human rights and fundamental rights. Kosovo has a wide range of judicial and extrajudicial structures, be it at the central level or else at the local level, whose primary mandate should be advancement and protection of fundamental human rights and freedoms set forth by the Constitution, laws and sub-legal acts. Apart from these structures, there are also other institutions and bodies which could contribute directly or indirectly in fulfilling different obligations in meeting the standards set for the human rights, for instance in the field of good leadership, the rights of minorities and that of inclusion of gender-related aspects.
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The section aims to present a selection of the most important normative legal acts, including decisions of unconstitutionality, appeals in the interest of the law, preliminary judgments and decisions of the ECHR published in the Official Gazette of Romania and republished laws.
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The Constitutional Court may be notified by the judiciary courts for the settlement of exceptions of unconstitutionality of a law or ordinance or of a provision of a law or ordinance in force, which is related to the settlement of the case. The courts have a filtering role regarding the admissibility of the referral to the Constitutional Court. If the court decides that the referral to the Constitutional Court is inadmissible, the act is subject to a specific appeal, with its own configuration, drawn up in the jurisprudence of the Constitutional Court and of the judiciary courts.
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During the second part of this study, we aim to analyze other aspects regarding the duties of the Romanian President in the procedure of appointing a Government, particularly in regard to naming the candidate for the office of prime minister, thus referencing the potential situations which can occur in the exercise of these duties according to the constitutional regulations in force. We will also express a point of view in regard to the particular situation which is currently developing on our political stage. We will also consider constitutional regulations specific to other European states so as to point out possible solutions of constitutional revise in order to prevent or even avoid such political crisis in the future.
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Fundamental human rights and freedoms are at the core of any legal system in developed and developing democracies. One of the key rights in the catalogue of human rights are undoubtedly the children’s rights. The international system of human rights, and the national systems, give great importance to guaranteeing of the children’s rights. Following the establishment of Kosovo state institutions, the evolution of fundamental human rights and freedoms required the necessity of time. The integration of the Convention on the Rights of the Child into the Constitution, which is directly applicable, provides the basis for sufficient legal regulation to guarantee the children’s rights. Kosovo legal system guarantees the effective protection of human and children’s fundamental rights and freedoms, even though Kosovo is not a signatory to these international instruments. Despite the efforts that have been made and continue to be made in Kosovo regarding the implementation of legislation in force, the situation in practice is still unsatisfactory and children continue to be discriminated against in various areas.
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The scale and radicalism of the 2016 changes to the Law on the Normative Acts, involving the introduction of the impact assessment and the public consultations in the national rule-making process, gave grounds to define them as the beginning of a real regulatory reform in Bulgaria. It is associated with the adoption of an entirely new system, accepted from the European Union, which relies on the conceptual approach to law-making. Five years after the changes, we have reason to talk more about regulatory failure. And why is that so? This article is trying to answer.
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A summary of the internships and presentations within the Legislative Council in terms of the evolution of the history of the institution and its main tasks and how they are carried out, highlighting the rules of legislative technique applicable when drafting and approving draft legislation, with numerous practical examples being presented.
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„Theory and practice of parliamentary law. Examination of the jurisdictional practice of the Constitutional Court” presents, from an interdisciplinary analytical perspective and, at the same time, of the parliamentary practice of the two Chambers of the Romanian Parliament, the broad issue of Parliamentary Law - a legal discipline integrated by its content and principles within the main branch of the legal system: Constitutional Law.
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The book Civil Procedural Institutions in the jurisprudence of the Constitutional Court is distinguished by a novel, interdisciplinary approach to civil procedural institutions in relation to the jurisprudence of the Constitutional Court.
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The purpose of the paper is to estimate the possibility to design a faultless model of judicial inspection body, which would contribute equally to guarantee judicial independence and judicial responsibility, as a mechanism of exercising good judicial self-governance. To achieve the purpose the organization and the functioning of the entity with specific attributions of judicial inspection have been examined and the international standards in this field have been interpreted. As a conclusion, we found that it is impossible to design a universal model of judicial inspection. This fact, however, does not exclude the possibility of institutionalization of a judicial inspection that is appropriate for a certain judicial system, for a certain legal system, with constant concern for the reformation of such an entity, in the general context of consolidating Justice.
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The section includes a selection of the most important normative legal acts, including decisions of unconstitutionality, appeals in the interest of the law, preliminary judgments and decisions of the ECHR published in the Official Monitor of Romania and republished laws.
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