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In this paper the author analyzes some of the most important decisions of the U.S. Supreme Court in the criminal field. The objects of his attention are: arrest, search and seizure (the exclusionary rule and other remedies, protected areas and interests, seizure and search of persons and personal effects, entry and search of premises, stop and frisk and similar lesser intrusions, inspections and regulatory searches), wiretapping and electronic surveillance, interrogation and confessions (the right to counsel, the privilege against self-incrimination, Miranda: nature of offense, interrogator and proceedings), grand jury investigation (self-incrimination and the compulsory production of documents, application of the act-of-production doctrine), the right to counsel (scope of the indigent‟s right to counsel and other assistance, the constitutional right to self-representation, counsel‟s control over defense strategy), the scope of the prosecution: joinder and severance, speedy trial and other prompt disposition, pleas of guilty, trial by jury and impartial judge, the criminal trial (presence of the defendant, defendant‟s right to remain silent and to testify, jury instructions, double jeopardy, sentencing procedures (legislative structuring of sen-tencing sanctions, the guidance of judicial discretion, due process), appeals, post conviction review: collateral remedies.
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In the world there are three systems of division of joint property of spouses: the system of division based on the contribution of spouses, the system of equal shares and the system of justice. The system of equal shares may be pure and mixed. The pure system of equal shares without the possibility of rejecting assumptions about one half for each spouse was accepted in the Family Laws of the Brcko District and the Federation of BiH. This provision is directly contrary to the Constitution of the Federation in regard of equality of all persons before the law and protection of property and to the European Convention on Human Rights and Freedoms. No judge can judge contrary to his/her beliefs and it is not allowed to discriminate the spouse who worked more, thus contributing to the creation of such property. Why not make amendments to Article 252 paragraph 1 of the Family Law of the Federation of BiH and cancel the irrefutable presumption of equal shares and allow for proving the greater share of a spouse in cases when his/her share exceeds by at least ten per cent the value of his/her share presumed by the law. This should be set out in the manner that the spouse who claims so should have more revenues generated in at least such percentage, or the value of works in the household, taking care of children, taking care of assets and increase of assets is greater than that percentage. This would provide full equality of spouses in the acquisition and sharing of joint property in the entire territory of Bosnia and Herzegovina.
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The article addresses a form of conflict that may arise between public authorities and citizens. The role of the state is to ensure good relations with its citizens and to protect them against their own structures when these structures deviate from the observance of the law, intentionally or negligently. There are ways to resolve these conflicts, some amicably, but often it comes to Court or, when it regards an administrative act, the administrative litigation court. The case study presents such a situation between a citizen who has competed for a job advertised by the local authority and who considered that the procedures prescribed by the law had not been followed, by calling on the competent authorities to clarify the situation.
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The foundation of every civilized state is the constitution as the highest legal act regulating the basic issues necessary for its functioning and development. Modern society constantly sets new challenges, striving for a more orderly, perfect life. On this path it is necessary to overcome all obstacles and clauses, starting from the normative ones. Having in mind the role and significance of legal regulations in a state union, we conclude that they must monitor changes, comply with the objective, existing situation in the state and be changed in order to achieve the goals.The European climate that has affected our country is characterized by numerous principles that Serbia should introduce and develop into its system. In order to move forward and keep pace with the European countries, it is necessary to follow their guidelines and adopt them best. We are beginning this struggle for a better and secure future by changing the Constitution of the Republic of Serbia since 2006. In the upcoming work, I will pay particular attention to judicial reform, as a section that will suffer the most in the future.
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Taking into consideration its importance to life in general, food will stay the most fundamental of our necessities, as it represents the source of all the energy needed to carry out daily activities, including those which delineate the very specifics of life. Authorities have reinforced strict regulations for certain information to be outlined in the labels and labeling, which should comply to the rules and regulations set by describing properly the geographical provenance and authenticity of all that is claimed in terms of quality and composition on the packaging labels. The rules, guidelines and regulations that have been set utter extensively about the legality of the whole issue on food provenance and fingerprinting, with laws being enacted to prosecute the culprits, offenders and transgressors. This sort of fraud is termed as “crude fraud” and in many cases it involves expensive, highly moveable items such as alcoholic beverages. Another type of fraud that takes place within the food industry is known as “sophisticated fraud”, in which some food components are manipulated by either replacing a quality ingredient with inferior ones or the entire food product is subjected to dilution (e.g. addition of water to milk, brine to frozen meat, glycerol to wine, etc.). Urbanization and globalization encourage a specific trend of food supply chain to sustain the large population concentrated in urban areas. To control such a complex food supply chain in the current global economy in the presence of limited resources, creates room for transgressors to perform unethical business deals with food products. As time goes by, they come up with new ways of committing fraud, which leads to more challenges in dealing with this issue.
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This article consists of analysis of the practice of incorporating inspection certificates of the revenue authorities into the documented evidence in criminal cases with subject – crimes against the tax system, as well as the analysis of their role as a source of information in relation to those crimes. The emphasis is put on the changes in Article 127 of the Criminal Proceedings Code, with which those certificates have been accepted as means of evidence.
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Free movement rights have been some of the most positive achievements of EU integration. However, this paper points to the contradictory effects of these rights, especially in Central and Eastern European countries, including Croatia. Free movement of workers creates numerous benefits for the emigrating population and for the EU as a whole as it enables free circulation of labour from places with high unemployment to places where there is a need for labour. However, the social, economic and political downsides for the sending Member States should not be underestimated. This paper aims to explore what has been done so far and which new EU-level measures need to be introduced to mitigate the negative effects of free movement, without restricting it. The text argues that free movement is an important and positive achievement of EU integration, whose downsides should not be utilised or politicised to argue in favour of limiting free movement rights. On the contrary, the answer is not to restrict free movement rights, but to reflect on further EU integration that would aim to reduce regional disparities in the Union by facilitating the development of EU regions that are lagging behind. The chapter is structured in four sections. Following the introductory section, the second section concentrates on recent trends, and on the triggers and effects of intra-EU mobility. The third section explores what initiatives, studies and measures have been employed so far – both at the EU and national levels – to diminish the negative effects of free movement. The concluding section explains why a combination of national and EU measures would be optimal to respond to the downsides of free movement of labour. This section also puts forward various policy proposals that could be employed in the future, such as the reconceptualisation of Union citizenship and the full implementation of the European Pillar of Social Rights, and/or the introduction of new EU-level financial measures that could mitigate the negative effects of free movement, without restricting it.
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The problems of the judiciary, in some countries, seem to have recently become an important dilemma of constitutional law. Despite the doctrinal discussion, there are no uniform positions in this respect. One such issue is the issue of retired judges, who at the end of their judicial careers still remain judges, but in a retired state. Such regulations can be found in many countries around the world. This raises a wide range of issues, including the proper conduct and behaviour of such judges. Under the rules of many countries in force in this area, such judges are still subject to what is termed disciplinary responsibility and may be held liable for offences committed outside the service, as well as for those committed in the course of the service. The author looks at these solutions and tries to present a model of retired judges' liability. She presents examples from several countries and refers them to the current legal status in Poland. Its considerations may be universal in nature and may serve as a point of reference for other legal systems.
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Given the amount of legislation, regulatory quality requirements should be rigorous in thesense that law quality standards should come to ensure the accuracy of laws, and thus balanceand efficiency.The research dedicated to the evolution of the quality of regulation introduces importantprinciples of law as legal certainty, quality of norms but also discusses aspects related to soft lawand non-binding legal instruments.
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The realization of this work has the purpose of analysing the public administrationin the Constitution of Portugal and present some aspects about this topic.This is a descriptive paper that draws attention to the historical aspects of theconstitutional evolution of Portugal, with special emphasis on key-moments fromthe past hundred years.
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The article treats not only about the struggle of women to obtain voting rights. It is an attempt to answer the question as to why only so few women are in national parliaments. The most important matter of the countries in the world is to confront stereotypical perception of the roles of women and men in a society. It is necessary to promote gender equality in the world of politics.
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The Francophone law system has been for many centuries a powerful source of inspiration for the Romanian legislator. Even today, the doctrine and jurisprudence of states with similar legislation are a constant influence in drawing up guidelines on the application of legal provisions that are less used in the positive law or, as the case may be, regarding their crystallization. The state’s responsibility for the damages committed to the individual has generated a series of controversies among the legal practitioners in the Romanian state, as the provisions of the Civil Code were often insufficient to ensure a correct application. Through this study we carry out an analysis of the main legal bases, the conditions for employing the civil liability and the opinion of the Courts within the project of the Francophone Supreme Judicial Courts on attracting the civil liability of the state and its bodies in the context in which an individual was harmed by issuing an illegal act to its detriment.
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Taxpayers need to pay extra attention when paying their tax obligations to the state budget, as the results may be different from what they intended when making the payment, and the consequences may be even harsher than what the law provides.
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The paper concerns the system of government adopted in the French constitution of 1958 and its evolution in subsequent years. Some attention is given to the origins of the Fifth Republic, which was perceived by the most important creators of the aforementioned constitution as a renewed parliamentary regime. The evolution of this system took place in two ways. First of all, its shape has been set by some constitutional amendments (e.g. the introduction of the general presidential election as well as the shortening of the presidential term to five years). Secondly, these changes have been complemented by the practice of exercising power (e.g. the emergence of informal political responsibility of the government to the head of state). The unwritten rules of political life have consequently become an equally important component of the system of government. This, in turn, contributes to some differences as to how the system of government applied under the Fifth Republic should be defined. At the constitutional level the regime still seems to be quite close to the parliamentary model, but in political practice it gains the characteristics of semi-presidentialism based, inter alia, on double political responsibility of the cabinet.
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The Federal Republic of Germany is a federal state. The general division of competences between the Federation and the Länder, by establishing a presumption of competence in favour of the Länder, shall be enshrined in a Basic Law. The system of division of powers emphasizes the need for the Federation and the Länder to work together in individual matters. Hence, the model of federalism adopted in the Basic Law is referred to as cooperative federalism. The main focus here is on cooperation between the federal government and the federal states. Cooperation between the Federation and the Länder may take different forms. Some of them are defined in the Basic Law. Through the Bundesrat, the Länder shall act in the legislation and administration of the Federation as well as in the affairs of the European Union. They shall participate in the election of federal organs: the Federal President shall be elected by the Federal Assembly. Interaction at parliamentary level is different: Bundestag and national parliaments. Despite the lack of constitutional regulations, informal cooperation mechanisms have been developed at the level of contacts between the Bundestag and the Landtags. The Länder are ready to cooperate, but there is also a willingness to maintain their independence.
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This article is devoted to the constitutional position of the Federal Government in Belgium. In the parliamentary system of government the cabinet is a body of executive power. However, according to the original version of the Belgian Constitution of 1831, there was no collegial body of the executive power. To this day the constitution still states that executive power belongs to the King. In practice the Cabinet exercises competences reserved for the King – ministers countersign all royal acts. For this reason, the whole of the executive branch is exercised by the Federal Government. The article discusses the most important aspects of the constitutional position of the Federal Government as a body of executive power: the organization and composition of the Federal Government, the tasks and powers of the Federal Government, and the political responsibility of the Federal Government and its members. According to the author it is determined by two basic factors: evolution of the parliamentary system of government and the federal structure of the state, which is associated with linguistic and ethnic divisions.
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Currently, the only form of direct democracy in Estonia is the referendum. The Constitution of the Republic of Estonia adopted in 1992, provides for both obligatory and optional referendums. Constitutional, legislative and referendums related to certain issues are distinguished according to the subject matter of the vote. The institution was also known to the Estonian Constitution of 1920. While the referendum plays a limited role in Estonian political life, it still remains a crucial element of its constitutional system. It should be noted that thus far its use has been limited to important issues such as the adoption of the constitution and accession to the structures of the European Union. In Estonia, the exclusive right to hold a referendum is vested in the parliament, or the order to hold a referendum results directly from constitutional provisions. A referendum shall be deemed to be binding regardless of voter turnout. The main objective of the study is to analyse the legal construction of the institution and to identify the reasons behind the minimal application of referendums in the country’s political practice. The chronological scope of the work includes the practice of using referendums since 1991.
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The article is dedicated to the historical sources of constitutional principles contained in the Constitution of Ukraine (1996). The author focuses primarily on selected basic principles for the system of exercising power and legal order of the Ukrainian state, such as the principle of the republican form of the state, the principle of sovereignty and independence of the state, the principle of national sovereignty, the principle of the social state, the democratic state and the rule of law, the principle of a unitary state, the republican form of government, the principle of political pluralism and the principle of division of powers, whose roots can be found in the first constitutions and drafts of the pre-state period created at the end of the nineteenth and the beginning of the twentieth century; the Ukrainian People’s Republic (1917-1918, 1918-1920), the Pavlo Skoropadskyi Ukrainian State, the West-Ukrainian People’s Republic (1918-1920), and early projects that were created after the republican authorities left the country.
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The article deals with the political position and the role of the Knesset, the unicameral parliament of modern Israel. In the first instance, the author presents the constitutional status of the Knesset, whose legal basis for activity includes – in the absence of a classic written constitution – the Basic Act on the Knesset from 1958. Further reflections focus on the Knesset’s place in the basic principles of the political system of the State of Israel and show the relationship between the Knesset and the executive. The author draws particular attention to the principles of conducting elections to the Knesset, the status of its members, and both its structure and operation. It also does not overlook the fundamental functions of the parliament, especially its legislative function. The concise analysis of the Knesset’s political position made here, makes it convincingly clear that the Israeli parliament has many specific features and plays a decisive role in the system of Israel’s organs of state.
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