ДОЦ. ДР РАДОМИР НЕШКОВИЋ: ,,НЕДОВРШЕНА ДРЖАВА – ПОЛИТИЧКИ СИСТЕМ БОСНЕ И ХЕРЦЕГОВИНЕ“
Review of: ДОЦ. ДР РАДОМИР НЕШКОВИЋ: ,,НЕДОВРШЕНА ДРЖАВА – ПОЛИТИЧКИ СИСТЕМ БОСНЕ И ХЕРЦЕГОВИНЕ“, У ИЗДАЊУ ФОНДАЦИЈЕ „ФРИДРИХ ЕБЕРТ“, БАЊА ЛУКА, 2012.
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Review of: ДОЦ. ДР РАДОМИР НЕШКОВИЋ: ,,НЕДОВРШЕНА ДРЖАВА – ПОЛИТИЧКИ СИСТЕМ БОСНЕ И ХЕРЦЕГОВИНЕ“, У ИЗДАЊУ ФОНДАЦИЈЕ „ФРИДРИХ ЕБЕРТ“, БАЊА ЛУКА, 2012.
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The statutory tax process in the Republic of Bulgaria has reached its 30th anniversary. There is already a rich case law of the European Court of Justice and the Supreme Administrative Court in tax cases. There is no comprehensive monographic study of tax justice – there are only separate articles on this subject. The same applies to constitutional justice in the tax sphere.
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The Constitution of the Republic of Poland turned out to be such a universal legal Act, adapted to the changing legal reality, that after joining the EU, Poland only once faced the need to adapt its content to the normative solutions in force in the European Union. The Constitution may be further Europeanised in the future. The Constitution of the Republic of Poland is not completely indifferent to European law; references to international law can be found and its Europeanisation is now taking place indirectly. The subject of consideration in the present article will be to determine the meaning of the term “Europeanisation” as well as to discuss whether the Constitution of the Republic of Poland is a “European” constitution, especially in comparison with the “European” solutions present in fundamental laws of other member states, and whether the state of Europeanisation of the Constitution of the Republic of Poland can be considered satisfactory.
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Property is defined by the European Convention on Human Rights as a category of property rights subject to respect and protection (Art. 1, para. 1 of Protocol 1). The concept also covers a variety of property interests with a precise economic value. As a consequence of ownership transformations in Poland, aside from private property (Art. 20 of the Constitution), the ownership of other entities (the State Treasury, state legal persons or local government units) was also included. The division of communal possessions originated from the need for implementing public tasks by the local authorities.The legal foundation of granting local government units important assets of the State Treasury was assigning them legal personality, whereas the guarantee of their independence (also in the matter of communal property protection) was judicial protection (para. 2). Therefore, the constitutional regulations concerning the protection of communal property are included in the jurisprudence of the Constitutional Tribunal and the Supreme Administrative Court.The Tribunal defines ownership as a constitutional model (Art. 21, para. 1, Art. 64 and 165, para. 1; with the exception of Art. 20) and normalizes the principle of equal protection of property regardless of the body that disposes of it, for instance, a municipality.
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The Council of Ministers, at its meeting on 31 August 2021, adopted a resolution to address a request to the President of the Republic of Poland to introduce a state of emergency in the area near the Polish-Belarusian border. The use of this institution for the first time since 1997 raises the need to update previous considerations, which so far have been strictly theoretical, and to comment on the implementation of constitutional and statutory provisions on the state of emergency. At the same time, the application of the provisions on the state of emergency has aroused certain public concerns as well as interpretational discrepancies among representatives of the doctrine, which should be clarified.
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Although freedom of speech and freedom of the press are guaranteed by the norms of the Constitution and confirmed by international obligations, in practice the implementation of these norms encounters numerous difficulties. Practicing the profession of a journalist depends on the conditions of access to information, including public information. Access to public information can be classified as one of public subjective rights, so it is the legislator’s duty to shape the legal infrastructure in such a way as to create eff ective mechanisms that guarantee the transparency of the activities of public authorities, and thus the openness of public life. However, the regulations specifying the work of journalists are multi-level in nature and necessarily provide for numerous restrictions, causing tensions between the freedom of speech and other values guaranteed by the Constitution.
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This article explores the application of the principle of subsidiarity in the European Union's (EU) shared competencies, which plays a crucial role in ensuring effective and balanced governance between the central level and lower levels of government. In areas of shared competence, where responsibilities and decisions are divided between the EU and its member states, the principle of subsidiarity determines when and how these competencies should be exercised. Furthermore, the article focuses on the specific application of subsidiarity in the field of the environment, where EU policies aim to protect the environment and address climate change. Overall, the article highlights the significance of the subsidiarity principle in the EU's governance structure and its relevance in the field of shared competencies, particularly in environmental matters. The article emphasizes the significance of necessity and efficiency in EU action, where decisions should be made at the appropriate level of governance. It sheds light on the roles of EU institutions and member states in upholding the principle of subsidiarity. By adhering to this principle, the EU strives to strike a delicate balance between centralized authority and the autonomy of its member states.
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The purpose of the article is to draw attention to the form of legal recognition of sign languages, including the formula of constitutionalisation of the Polish sign language. Sign languages are natural and national languages. Their legal recognition proceeds at the international level and the national one. The regulation at the national level takes the form of a statute, although some countries undertake the constitutionalisation of these languages. A possible regulation of the Polish sign language in the Constitution should adopt a subjective formula, which would properly safeguard legal interests of deaf people.
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The authors discuss the Parliament’s tasks in relation to the accession process, which can be divided into several basic areas. The first is the creation of the constitutional framework to provide a national legal basis for the membership in the European Union. The Sejm also decided on the method of ratification of the Accession Treaty in the form of a referendum, having previously adopted the necessary provisions for its execution. The power of parliamentary scrutiny over the accession process was actively exercised. The Sejm conducted political supervision of the accession negotiation process, analysed the state budget and its implementation with a special focus on expenditures on integration aims, and monitored the use of pre-accession funds. Another area of the Sejm’s activity was the preparation of the legal framework for functioning after accession to the EU. The Sejm also participated in the process of European integration through its activities in the field of parliamentary diplomacy.
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The authors analyse the European Commission’s proposal to activate the so-called ‘money for the rule of law’ mechanism against Hungary. It recommends to the Council of the EU to withhold 65% of EU funds to Hungary for the implementation of three operational programmes under the cohesion policy. As a direct consequence of the proposal, there could be a debate in the EU Council on the merits of imposing EU budget protection measures on Hungary. The proposed EU budget protection measures are considered to contain phrases that are evaluative in nature. They therefore require strict interpretation. The Government of the Republic of Poland expressed a negative position regarding the adoption of the Commission’s proposed implementing decision.
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The author pays special attention to four groups of collaborators: employees of clubs’ offices and groups’ offices, employees of Deputies’ offices, Deputy’s volunteer assistants and assistants supporting the activities of Deputies within selected organs of the Sejm: the activity of a Deputy who is a member of a committee of inquiry may be supported by no more than two assistants, the activity of a Deputy chairing a permanent or special committee may be supported by one assistant, the activity of a Deputy chairing a standing parliamentary delegation to international assemblies and organizations may be supported by one assistant.
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In the event of the death of a Deputy receiving the salary of a Deputy and allowances, family members entitled under the aforementioned provision shall be entitled to claim the salary of a Deputy and the allowances due to the Deputy up to the date of his or her death. A claim for payment of the salary of a Deputy and of the allowances due to a deceased Deputy is subject to limitation, with a deadline set out as three years from the date on which the claim became due.
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The constitutional complainant challenged the constitutionality of a part of a Criminal Code provision that states: “anyone who, in order to achieve a material benefit, prevents or obstructs a public tender, or acts in concert with another entity to the detriment of the owner of property or an entity or institution for which the tender is to be held is liable to imprisonment for up to 3 years”, insofar as it provides for criminal liability for entering into an agreement with another person. The author of the opinion concludes that the statutory regulation challenged by the applicant does not violate the principle of specificity of criminal law provisions. Although the regulation raises certain doubts regarding its interpretation, they do not render the addressees of this provision unable to carry out a rational test of the foreseeability of criminal law consequences of their conduct. The challenged provision is in compliance with the Constitution.
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În cadrul ciclului de conferințe cu tema Tradiția constituțională și perspectivele constituționalismului în România, consacrat aniversării centenarului Constituției României din 29 martie 1923, Institutul de Cercetări Juridice „Acad. Andrei Rădulescu” al Academiei Române (I.C.J.) a organizat joi, 16 martie 2023 prelegerea-dezbatere Spre un (nou) constituționalism românesc?
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The Author of the article present his own point of view on the systemic issues related to the right to a fair criminal trial, and more broadly to court proceedings in general. This law is based on a numer of procedural guarantees which, both codifided and uncoded, must be realistically respected by a court in a democratic state ruled by law. However, it often happens that a judge applying the law, faced with unconstitutional legislative changes, faces a difficult dilemma as to how to proceed when making a procedural decision in a specific individual case, when the application of a specific provision of the act is contrary to the Constitution, the Law of the European Union and the axiology of the entire legal system. A ruling in a such diff cult circumstances is possible only in the case of positively understood judicial activism, without which it would be difficult to consider the administration of justice as independent and impartial, and the trial as fair. However, this attitiude can be considered a political manifesto and an attempt to act contra legem. Is it really so?
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The article is dedicated to analysis of Constitution provisions included in art. 68 para. 4 of the Constitution forcing public authorities to eliminate epidemic diseases, which requires public bodies to protect citizens against health- and life-threatening actions. The emergence of SARS-CoV-2 virus and consequent outbreak of pandemic caused this article to acquire a completely new significance, being a state problem. Epidemic threat or pandemic covered the area of more than one province, as a result of which the health minister, public administration minister and Chief Sanitary Inspector were also assigned to this task. These bodies had to reach compromises between health protection and state independence.
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Many countries have had people in power who were mower-mad and hungry for money as their representatives. In the case of Poland, there is quiet acquiescence to unethical actions by the authorities for the sake of one’s own benefits, and a commonly accepted aversion to politicians (Zalec, 2022). of all kinds, which may be linked to the country’s history. Those in power have become usurpers who do not care about the rules, the constitution or EU law, nor are they afraid of any punishment. Those who oppose these precedents become enemies, murderers or are accused of spreading propaganda. The country is divided into two camps - those who support the current government and those who are against it. The consequences do not only affect individuals, they are sometimes extended to entire municipalities where the current ruling party has lost the election. Ignorance or lack of civic knowledge can cause some voters to ignore the fact/not realise that their passivity is nevertheless supporting the current government. Crucial to combating this phenomenon is reliable informal citizenship education, carried out in an ongoing, emotionally charged way, appealing to the positive sides of informed citizenship and not discouraging to politics. The value of democracy should be taught.
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The supremacy of the Constitution would remain a mere theoretical matter if there were no adequate guarantees. Undeniably, constitutional justice and its particular form, the constitutionality control of laws, represent the main guarantee of the supremacy of the Constitution, as it is also expressly stipulated in the Fundamental Law of Romania. The obligation of the authorities, namely the parliament and the executive to have a constitutionally loyal behavior was stipulated for the first time in the jurisprudence of the French Constitutionals Council, which is the constitutional court of France. This obligation is found in the powers that state authorities have to interpret and apply constitutional norms. It is not limited only to the simple requirement of legality of the acts and dispositions of the rulers, that is, to the formal observance of the law. In our opinion, the preoccupation of the political class and the state authorities in the current period, in relation to the current content of the Fundamental Law, should also be oriented towards its correct interpretation and application and respect for the democratic purpose of the constitutional institutions For the consolidation of the rule of law in Romania, even in the current normative form of the Constitution, it is necessary that the political formations, especially those that hold the power, all the state authorities act or exercise their powers within the limits of a loyal constitutional behavior that implies respect for the meaning and the democratic meanings of the Constitution, the Christian Orthodox traditions and values of the Romanian people, the rights and dignity of the person. In this study we analyze doctrinal and jurisprudential aspects of the issue of resolving conflicts of a constitutional nature by state authorities and the concept of loyal constitutional behavior.
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Government Emergency Ordinance no.8/2015 brings as a new element in Romanian taxation – the regulation of tip taxation. The cumbersome procedure and the burdensome obligations provided for employers and employees determined their reaction, which led to the abandonment of the application of this normative act. However, the discussions regarding the tip tax were resumed post-COVID 19 and in 2022 was adopted the Law no. 376 wich brings a new regulation in this regard, simpler and easier to apply. This article aims to highlight the strengths of the regulation, but also its pitfalls, vulnerabilities and possible negative effects.
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In the wider context of the enactment of laws regarding the protection of trees with landscape, monumental, historical and/or cultural value in a multitude of European states, but without a unified policy in this direction, the author critically analyzes Law no. 97/2023 regarding the protection of outstanding trees, published in the Official Gazette of Romania, part I, no. 320 of April 18, 2023. Particular attention is paid to the scope of the law, the limitations brought to the right of ownership by the legal regime of remarkable trees and the compensation of these limitations, as well as the institution of contraventional legal liability for non-compliance with the legal regime of remarkable trees. As a result of the general conclusion of the paper regarding the inability of the normative act to determine the protection of the outstanding trees on which the initiators of the bill counted, the author issues a suite of ferenda law proposals.
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