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The authors of the article analyze the issue of personal data of deceased persons. For many decades, obituaries have been functioning in the public sphere, which are clearly understood as information, a notification about the death of a specific person. And the so-called hourglasses, which extend the information from the obituary with the date of the farewell ceremony and burial, specifying the place and exact time. Currently, obituaries and hourglasses have become a permanent part of social media (e.g. via Facebook), through which information about death is transmitted. There is also a Book of the Dead on the Internet, where you can find a burial place. The authors analyze the legal provisions regulating the above-mentioned issues.
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This article examines some of the issues that fall within the scope of Constitutional Case 7 of 2022 trough problematizing the issue of the admissibility of the case, proposing the idea of a dynamic balance between the principle of tenure and the principle of continuity of civil service, examining factors on which this balance potentially depends, and reviewing the reasoning of the decision and the dissenting opinions.
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Following the general trend of the technical-technological progress in society, where technology is increasingly important in everyday life, states and public authorities on all continents strive to facilitate the exercise and protection of the rights of their citizens, and to remove bureaucratic barriers that previously existed and were a common accompaniment appearance of the administrative procedure. As an expression of such an aspiration, but also as a necessary consequence of the technical progress, many countries are introducing a system of electronic public administration. Following this trend, our legislator also establishes a system of electronic public administration, with which he tries to facilitate the exercise of citizens’ rights, but also to improve the image that citizens have of a public administration, previously known for its sluggishness and inefficiency. The introduction of electronic administration into the domestic legal system, on the other hand, was done without a sufficient preparation, and it was not realized without certain difficulties, both at the normative level as well as at the level of the implementation of various normative solutions. This paper presents the legal regulations, i.e. the normative framework regulating the introduction and functioning of electronic administration in Republic of Serbia.
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The article is concerned with a detailed issue related to the so-called „revival of regulations” originated in Austria. The point of departure is the fact that if the act is to be repealed by way of the decision of the Constitutional Tribunal due to being at variance with the constitution, when the repeal becomes effective, regulations of the act previously repealed by way of the act acknowledged by the Constitutional Tribunal as at variance with the constitution become valid again. The effect for the legal system is considerable and debatable. In Poland this matter has not been finally solved yet as regards the implementation of the decision to „revive”. In Austria in turn these issues are regulated by the art. 140 para. 6 of the Federal Constitution of Austria.
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The French constitutional tradition has for a long time been intolerant toward the institution of the control of constitutionality, while treating it as incompatible with the conception of people's sovereignty and of division of power. The Constitution of the Fifth Republic of 1958 has, in concordance to the conception of the rationalized parliamentarism envisaged by it, provided particular body vested with the basic task to take care that the parliament does not encroach into government’s competence and that it adheres to constitutional provisions. This was the Constitutional Council — a body which, by its composition, has been at the same time a political and the judicial body, while by its jurisdiction, it has been at the same time the constitutional and the elected judge. Initial, rather narrow possibilities for initiating the proceedings for preliminary assessment of the constitutionality of laws, have been extended in 1974 through the constitutional reform (when it was made possible that the Constitutional Council be addressed also by sixty members of parhament or by sixty senators). In practice, the Constitutional Council went through several periods of its development. In the first one he has been »a watch-dog«, whose task has been to taike care that the parhament does not encroach into government's competence and that the parhament be strictly limited to the role set forth to it by the Constitution. During such period the Council appeared to be a body in the service of the executive power. The turning point came about in 1971, when the Council is, first of ah, the institution protecting the individual freedoms. Due to the 1974 constitutional reform, the Constitutional Council became since then also a means of defending the minority against the misuse by the majority. However, the Constitutional Council did not permit to the ©position to be dragged into systematic denying of legislative activities of the majority, which only goes to its credit and speaks in itself about the quality of that institution. The system of control of constitutionality in France through the Constitutional Council has contributed to he revalorisation of constitutional law and, consequently, of the state of law. It is today an institution which is entirely integrated into the French political life.
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The author deliberates on the position of the Federal Administration in the Constitutional System of Yugoslavia. The main point of analysis is the activity (function) of the administration within the Assembly System of Power, closly bound with self-management, the fundamental constitutional principle. The evolution of the administration as ”nart of the executive power" shows tendencies of certain separation from the executive sphere and relative independence within the framework of constitutional and law. This novelty was inaugurated by the Constitution of the SFRУ of 1974, and particularly by the Fundaments of the System of State Administration and of the Federal Executive Council and Federal Administrative Organs Act of 1978. Therefore, presently the concept of the "unity of the basis of the system of state administration" is emphasized more and more, and it incoiporates the Federal Administration. Aiming to make an analysis of the subject, the following features were tried to be enlighted: the functions of the administrative organs, the tipology and general field of activity of the Federal Administrative Organs, the principles of internal organization, legal and other general acts of the Federal Administration, as well as the relations between the Federal Administrative Organs, Federal Organizations and administrative organs in the republics and autonomous provinces.
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In the SFR of Yugoslavia the regulation of legal inheritance relations is in the competence of the republics and the autonomous provinces. In the Constitution of the S. R. of Serbia it is prescribed that certain questions of legal inheritance relations must be, for the territory of the entire Republic, regulated uniformly. This constitutional provision is made concrete in the provision of Article 223 of the Inheritance Act of S. R. Serbia, where it is stated which of the provisions of this Act form the "fundamental legal inheritance relations”. Analysing these two provisions the author comes to two conclusions: first that the constitutional provision regarding the "fundaments” is not well founded in the Inheritance Act of S. R. Serbia (as it mostly takes into account the universal legal inheritance rules, i.e. rules that have no alternatives) and second, that there exist differences in matters, which there are not supposed to be regulated differently in the Inheritance Act of SAP Vojvodina and the Inheritance Act of SAP Kosovo (being thus illegal and unconstitutional). Having all this in mind, the author sees the solution in drafting a particular bill which would finally resolve the question of the "fundaments”.
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For 100 years of Finland’s independence, its constitutional system was characterized by sustainability, and all changes took the form of an evolution rather than a revolution. Its stability is also evidenced by the fact that the first legal acts constituting the basis for the functioning of the system were in force for over 80 years of “the first constitutional period”. Adopted in the interwar period (1919–1928), they survived the Second World War as well as the significant political changes in the post-war period. A new, uniform basic law came into force in 2000. However, in a sense, it was a synthesis of the evolution of the state system as its adoption did not have the character of a breakthrough, but it rather gave order to all the amendments that had been adopted previously. Even the most far-reaching changes, such as the strengthening of parliamentarism by shifting the centre of gravity of power from the president by weakening his position in favour of the parliament, were widely expected and accepted. Thus, the “second constitutional period” in the history of the Finnish system began.
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Following are three legal and social sources of the Sretenje (St. Encounter) Serbian Constitution namely: Sultan’s decrees (hatisherif) of 1830 and 1833; existing or former constitutions of the time of West European monarchies; requests emerging in the Duke Mileta’s rebellion, which directly caused the enacting of the Constitution. Although in the Sretenje Constitution it was proclaimed that state power was distributed onto three divisions (namely, legislature execution of laws, and the judiciary) this provision has not been consequently applied in the process of establishing the organisation of power, since at the time there was a specific confusion of authority in the State Council. That body was a more important factor in the sphere of legislation as compared to the Duke; it shared with him the executory power too while as far as judiciary was concerned, one of its departments was the last instance body (the third instance in fact). The National Assembly as the representative body of the people participated only in the enacting of laws by means of which taxes and duties were determined while other competences of that Assembly did not amount at all to any executing of the state power. The Sretenje Constitution did not lower down the power to the people; moreover, it did not organize the execution of the state power on the principle of people's sovereignty. The most significant functions of the state power according to it are divided by a hereditary duke and by a non-elected and immovable State Council namely a body deprved of any democratic legitimity and membered exclusively by the oligarchic seniors. Greatest democratic significance of the Sretenje Constitution, however, relates to the fact that it submitted the execution of state power under the rules fixed in advance, i.e. the ones of the objective law, eliminating thus the arbitrariness of the protagonists of power and authority. Another democratic element of significance is to be found in the constitutional provision according to which all activities of the people shall be regulated by means of laws, since in this way it is possible to ensure the implementation of principles of the rule of law; as well as in the chapter whose provisions safeguard, first of all, individual and human rights and freedoms.
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As a small, liberal-democratic country, Finland has a relatively long constitutional history of Scandinavian-Germain background. In spite of normative power admitted to the Constitution (1919) there is no judicial review of constitutionality of laws in Finland. Only Parliament controls the constitutionality of laws in a quasi-judicial review of constitutionality. In the reviewing procedure the decisive position is in fact held by the Constitutional Committee of Parlament. The Committee prepares bills concerning the constitution and gives opinions regarding the constitutionality of. laws. If the Committee finds that a stipulation of a bill is contrary to the Constitution it can, as a possible alternative, be passed only in a qualified legislative procedure. In this way the institute of indirect altering of the Constitution is inaugurated, as a specific feature of tire way the constitutionality of laws is controled by Parliament and its Constitutional Committee in Finland.
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