Vystúpenie predsedu Národnej rady Slovenskej republiky Jozefa Migaša

Author(s): Jozef Migaš / Language(s): Slovak Publication Year: 0

Naším prioritným strategickým cieľom je členstvo v Európskej únii. Už v decembri 1998 Národná rada SR prijala Deklaráciu o vstupe Slovenskej republiky do Európskej únie. Boli sme si vedomí toho, že rok 1999 bude prelomovým rokom. Počas celého hodnoteného obdobia sa Národná rada SR sústreďovala na naplnenie kodanských politických kritérií, na odstránenie deficitu demokracie, ktorý nám tu zanechala predchádzajúca koalícia. Iba pripomeniem, že medzi najdôležitejšie legislatívne kroky patrilo: a) prijatie ústavného zákona o priamej voľbe prezidenta republiky, b) prijatie zákona o používaní jazykov národnostných menšín a c) účasť opozície v or- gánoch parlamentu, osobitne v útvaroch kontroly. Pozitívny význam mala aj ďalšia legislatívna činnosť Národnej rady SR, hoci v nej prevažovalo skrátené legislatívne konanie či už zo subjektívnych alebo objektívnych príčin. Osobne si myslím, že naša práca mohla byť efektívnejšia.

USTAV BOSNE I HERCEGOVINE

Author(s): Goran Marković / Language(s): Bosnian Publication Year: 0

Ustav Bosne i Hercegovine ima karakter oktroisanog ustava, pošto ga nije donijela neka domaća institucija, nego je stupio na snagu kao aneks (dodatak) jednog međunarodnog sporazuma. Pripada kategoriji pisanih, kodifikovanih, čvrstih i kratkih ustava. Sastoji se od malog broja dugih članova, koji obrađuju ustavnu materiju nepotpuno, donekle neprecizno, prozno i esejistički. Strukturu Ustava čine preambula, normativni dio i dva aneksa. Preambula je kratka i sadrži osnovne principe na kojima počiva ustavno uređenje Bosne i Hercegovine. Normativni dio se sastoji od dvanaest članova, kojima se manje-više cjelovito uređuju pojedini segmenti ustavne materije. Prvi aneks Ustava sadrži spisak međunarodnih akata o ljudskim pravima i slobodama koji se primjenjuju u Bosni i Hercegovini, a drugi sadrži tematski različite odredbe. Ustav dosad nije revidiran primjenom amandmanske tehnike, nego odlukama visokog predstavnika, Parlamentarne skupštine i sporazumima entiteta o prenosu nadležnosti.

DRUŠTVENI ASPEKTI POLITIČKOG SISTEMA

Author(s): Zlatiborka Popov-Momčinović / Language(s): Serbian Publication Year: 0

S obzirom da nijedan politički sistem ne postoji tako reći u „bezvazdušnom“ prostoru, već funkcioniše u određenom društvenom kontekstu, da bi se bolje ušlo u smisao i različite aspekte njegovog funkcionisanja neophodno je ukazati i na njegove strukturno- kulturne uslovljenosti. U tu svrhu se najčešće koristi sintagma civilno društvo, s obzirom da se radi o onom aspektu društvenosti koji je važan indikator načina i stila vladanja i procesa donošenja ključnih političkih odluka, kako u smeru od društva prema vlasti, tako i u smeru od vlasti prema društvu. Pored praktične važnosti, radi se i o sintetičkom terminu koji u sebi inkorporira i druge bitne aspekte društvenosti, budući da se puna „zrelost“ i konsolidacija demokratskog, civilnog društva ne može očekivati u okolnostima velike socijalne i ekonomske deprivacije, nezaposlenosti, slabe i marginalizovane srednje klase, lošeg obrazovnog sistema, rodne neravnopravnosti i dr.

Rodna analiza

Author(s): Jelena Milinović / Language(s): Bosnian Publication Year: 0

Postizanje rodne ravnopravnosti kao ljudskog prava propisano je ustavima i zakonima o ravnopravnosti polova/rodnoj ravnopravnosti, antidiskriminacionim zakonodavstvom i cijelim nizom međunarodnih instrumenata ljudskih prava koje smo obavezni poštovati i primjenjivati. Odredbe kojima se štiti ravnopravnost i zabranjuje diskriminacija po osnovu pola/roda dio su i sistemskih i drugih propisa u različitim oblastima, od zakona, podzakonskih i drugih akata, pa sve do strateških i planskih dokumenata, odnosno javnih politika. U čemu je onda problem, pitamo se. Zašto ove deklarativne odredbe u zakonima ne znače odmah i njihovu primjenu u stvarnosti? Zbog čega i dalje postoje izražene rodne neravnopravnosti, pa čak i diskriminacija i nasilje kao ekstremni oblik diskriminacije? Zašto određene mjere vlasti imaju različite učinke na različite društvene grupe muškaraca i žena? Zašto naoko neutralne norme imaju nejednake efekte, iako nejednakost ili čak diskriminacija nisu uopšte bili namjera zakonodavca ili donosioca neke mjere? Zbog čega „ne vidimo“, odnosno odbijamo da vidimo da rodne nejednakosti postoje i da je njihovo uporno opstajanje zapravo legitimisana nejednakost u moći, podjeli rada i pristupu resursima?

Ljudska prava u kontekstu političkog sistema

Author(s): Andrea Zubović / Language(s): Bosnian Publication Year: 0

ljudska prava se temelje na pojmu urođenog dostojanstva svih ljudskih bića. Univerzalna su, neotuđiva, nedjeljiva i međuovisna. U Bosni i Hercegovini ljudska prava se štite na nivou države, kao i na nivou entiteta. Ustav Bosne i Hercegovine, te ustavi entiteta, na specifičan način štite ljudska prava, kroz direktnu primjenu Evropske konvencije o zaštiti ljudskih prava i osnovnih sloboda.

Seznam zdrojů

Author(s): Author Not Specified / Language(s): Czech Publication Year: 0

English Summary

Author(s): Hubert Smekal,Ivo Pospíšil / Language(s): English Publication Year: 0

In this final chapter, we briefly summarise the main points raised in the preceding chapters, in order to locate overlaps and common insights. Readers accustomed to turning to the Conclusion right away, pondering subsequently whether it makes sense to read the whole volume, therefore face a much easier task. All contributions are recapitulated here, and we leave it to the reader whether to delve deeper. The book consists basically of two main parts: The first one includes chapters covering the issue of conflict between law and politics on the domestic level, while the second one is concerned with the international realm. As regards the former, our contributors predominantly deal with the problem of legitimacy of the kind of judicial activity whose impact extends well beyond mere passing decisions on individual legal cases; in particular, they focus on the activity of the Czech Constitutional Court.

Legislative election during pandemics. Challenges to democracies

Author(s): Claudia Gilia / Language(s): English Publication Year: 0

The Covid-19 pandemic has challenged the democracies. A representative democracy is the favourite instrument in terms of expressing a people’s sovereign will. Any democratic system is based on free, periodical elections. The election procedure is the natural way in which peoples participate indirectly in political decision-making. The conduct of the election under special conditions, like the conditions the heath crisis imposed, had consequences, particularly in terms of legitimacy. The pandemic-affected countries have taken a number of measures to ensure safe voting to electors, though a number of shortcomings marked the organization and carrying on of the election processes, such as lack of funding, technical errors, quarantined people’s inability to vote, low attendance, and legitimacy issues. In our study, we are analyzing the legislative elections that took place in Romania, Slovakia, Croatia, and Lithuania. After the electoral processes, which took place under these special conditions, it is a must to rethink the electoral processes in order to allow all voters to participate in the election of political decision makers.

OD OBNOVE DRŽAVNOSTI DO RAVNOPRAVNOSTI BOSNE I HERCEGOVINE U DEMOKRATSKOJ FEDERATIVNOJ JUGOSLAVIJI

Author(s): Miodrag N. Simović,Mujo Demirović / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

During the Second World War, the People’s Liberation Movement (PLM) in Yugoslavia had several goals, of which the anti-fascist fight and liberation of the country stood out, as well as the building of a new democratic people’s government, i.e. a new socio-political system. In order to understand this, one must keep in mind the historical outcomes and activities of which stand out: (1) letters from the advanced Bosnian student youth of 1937, 1938 and 1939; (2) the leftist magazine „Putokazi“ from Zagreb, which was published for three years (1937, 1938 and 1939), with a total of 13 issues, edited by Skender Kulenović and Hasan Kikić, Zijo Dizdarević, Hamid Dizdar and Safet Krupić. The editor-in-chief was Šukrija Huskić and (3) the Fifth National Conference of the Communist Party of Yugoslavia in Zagreb from 19 to 23 October 1940, which paid special attention to Bosnia and Herzegovina. Understanding the anti-fascist fight of the PLM as a permanent civilizational-existential constant, in which all peoples and nationalities led by the PLM took part, the authors focus on building a new people’s democratic government. At the same time, they emphasize that the center of the PLM was in BiH, especially in Bosnian Krajina, where historical key events were held (two sessions of the National Anti-Fascist Council of People’s Liberation of Bosnia and Herzegovina - ZAVNOBiH in 1943 - in Mrkonjić Grad and 1944 in Sanski Most and two sessions of the Anti-Fascist Council of the People’s Liberation of Yugoslavia - AVNOJ - in 1942 in Bihać and in 1943 in Jajce). Thus, the development of the PLM and the building of new government in BiH were directly correlated. Eminent scientists (such as academician Enver Redžić) asses that these historical events happened under the pressure of successful development of the PLM and that they would have happened without the instructions of the PLM leadership, which does not question their role at all.

PARALELE IZMEĐU ZAVNOBIHOVSKOG I VREMENA KOJE ŽIVIMO

Author(s): Slavo Kukić / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

ZAVNOBiH is an expression of the desire of the people of Bosnia and Herzegovina to live in freedom, as their own, in a community in which decisions about their lives will not be made by other but by themselves only. And that is exactly why ZAVNOBiH could have been the instigator of both the nationwide gathering under the same flag and the nationwide enthusiasm, both in the whirlwinds of the National Liberation War and after it. Actually, with the third session, ZAVNOBiH ended its life by transferring its competencies to peacetime government institutions. However, the spirit of enthusiasm it produced did not diminish in these institutions either, at least for the first twenty or so post-war years. In support of this, after all, there are the statistics - the achieved rates of economic growth, according to which Yugoslavia, and with it Bosnia and Herzegovina, of course, was at the very top of the world, then the achieved rates of employment, trends in gross domestic product, achievements in education and health and many other indicators. Have the people of Bosnia and Herzegovina forgotten the values on the wings of which the war-torn country of the 1940s and 1950s was rebuilt, from which youth work actions were fed, which radiated love instead of hatred? On an emotional level, I’m not ready to believe that. In reality, however, it is possible to mark the details that most seriously warn - not only today but all the years of Bosnia and Herzegovina’s social and political transition.

Društveno-istorijski kontekst opstojnosti i razvoja države Bosne i Hercegovine u postdejtonskom vremenu

Author(s): Mirko Pejanović / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

In the approach to constitutional reforms it is necessary to assure their gradual nature. In this context, in the framework of constitutional reform, the position of the institutions of the state of Bosnia and Herzegovina would be changed in the first phase, as proposed by the 2006 “April package” of amendments. This phase of constitutional reform can be implemented within the framework of negotiations on Bosnia and Herzegovina’s membership in the European Union, during the opening of the negotiation chapters. However, certainty of the process of constitutional change depends mostly on the geopolitical circumstances and geopolitical influence of the International Community, and in this context, especially the countries that are members of the Steering Board for the Peace Implementation Council responsible for the implementation of the Dayton Peace Agreement. A geopolitical framework established through the agreement of the world’s leading peace-building powers in Bosnia and Herzegovina on the basis of the Dayton Peace Agreement is necessary for change of the internal territorial organization, based on a two-entity structure. It is quite certain that a change in the internal territorial organization of Bosnia and Herzegovina will be possible at a time when Bosnia and Herzegovina finalizes the process of integration into Euro-Atlantic institutions. In its gradual nature, the second phase of constitutional change will encompass the change in the territorial internal organization of Bosnia and Herzegovina. This change will aim to abolish the ethnic territorialization derived from the two-entity model. The Republika Srpska entity is ethnically homogenized because 85% of the population is Serb. The Federation of Bosnia and Herzegovina is ethnically homogenized in five cantons with a majority of Bosniak people and three cantons with a majority of Croat people. This second phase of constitutional change will await for the time when Bosnia and Herzegovina is a member of the European Union and NATO. No more than three levels of government will then be able to be funded. Currently, the citizens of Bosnia and Herzegovina are financing: local government, cantonal government, entity and state government.

EKONOMSKO-FISKALNA OBILJEŽJA DRŽAVE BOSNE I HERCEGOVINE: STANJE I PERSPEKTIVE

Author(s): Kadrija Hodžić,Željko Rička / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

In this article, the authors give arguments to develop the thesis that the constitutional order of Bosnia and Herzegovina ignores the government’s financial sovereignty, and conclude that Bosnia and Herzegovina is fiscally sovereign as much as a confederation. In the centre of economic and political-legal debate on the statehood of Bosnia and Herzegovina are different approaches to the allocation of responsibilities between the state and its entities, and approaches to organization of government. In this discussion, the dominant question is whether Bosnia and Herzegovina can be considered a federation or a confederation. In the disagreement of national and political elites, the dominant conflict is based on ethno-national notions of ethnic homogeneity and national sovereignty over “own territories”. The solution for the sustainability of Bosnia and Herzegovina in this article is observed through two conceptual levels. In the first, the involvement of the international community, especially the European Union, in designing the changes of Dayton Agreement seems inevitable. According to the second, Bosnia and Herzegovina will have to reconcile the current irreconcilable differences of its national political elites on its own. In both cases, the minimum acceptable framework for all legal solutions should include the establishment of mechanisms for fiscal sustainability of Bosnia and Herzegovina, including economic-fiscal coordination between the entities and the Brcko District, protection of equal individual and collective rights, equality of the constituent peoples in the entire territory of the country, including minority rights, and the adoption and implementation of international treaties and conventions on human rights.

NEKE PRETPOSTAVKE ZA BRISELSKU BOSNU I HERCEGOVINU

Author(s): Omer Ibrahimagić / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

This paper discusses the process of accession of Bosnia and Herzegovina to the European Union and the Euro-Atlantic security system at a time when Bosnia and Herzegovina’s state structure is regulated under the Dayton Agreement, according to which the main pillar of the political order is the rule of three ethnic groups instead of citizens, which therefore instead of democracy introduced the rule of ethnocracy. The consequence is that even 20 years after Dayton Bosnia and Herzegovina is still not a functional state, because the entities created by ethnicity (Serbs in the Republika Srpska, Bosniaks and Croats in the Federation of BiH) have become self-sufficient (entitocracy) and disinterested in the creation of a single state policy. Therefore, BiH has no strategy of socio-economic development and lags behind in meeting the requirements for joining the European Union, for which two-thirds majority of its citizens have voted. This paper offers proposals whose adoption would achieve at least some assumptions to accelerate the process of transition of Bosnia and Herzegovina from Dayton (chained with ethnicities and entities) into Brussels (dynamic-civil) phase of its EU accession.

Izborni sistem BiH i etnicizacija bosanskohercegovačkog političkog prostora

Author(s): Elma Huruz Memović / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

The concept of “constituent peoples” has passed through a fundamental transformation and over time has become a goal rather than a means. It has become “the very essence of the state and society in Bosnia and Herzegovina” and its significance is such that it obscures its obvious “contradiction with the principle of non-discrimination in the exercise of human rights ...” (Nadaždin Defterdarević, 2014: 84). Since the ethnic declaration is insisted on, a large space is open for manipulating this category. Although the European Court of Human Rights emphasized in its judgments that in the Constitution of Bosnia and Herzegovina as well as in the Election Law there is discrimination against members of national minorities, ie those who do not declare themselves as citizens, these judgments have never been implemented. It is still impossible for the above categories of the population to run for certain political positions, and it can even be said that new tendencies are emerging in the public space to further disintegrate and ethnicize the Bosnian political space.

Izborni zakon Bosne i Hercegovine i limiti etnonacionalne paradigme

Author(s): Pavle Mijović / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

The Election Law of Bosnia and Herzegovina is, in its specific legal form, a faithful reflection of the general principles defined by the Dayton Constitution that calcified the ethnic division of the country. The interdisciplinary approach to the constitutional determinants present in the election law also shows clear features of the political consciousness that brought it about. The first part of the article tries to reconstruct the dominant political and social idea behind the election law. The Election Law of Bosnia and Herzegovina is an example of unfinished constitutional and state architecture, especially in the form of unfinished ethno-national fixism and related human rights issues. The ethno-national paradigm, evident since the first multi-party elections in Bosnia and Herzegovina, emphasized ethnic grouping more than the electoral process itself. The concept of “statistical nationalization” will be analyzed as well. The second part of the article confronts the dominant idea of the election law of Bosnia and Herzegovina with certain aspects of political theory. The constitutional category of constituents is privileged over the category of “Others”, which is a brutal example of discriminatory practice, which, as expected, is not in line with any normative document related to human rights. Even from an ethno-national perspective, the said Election Law is incomplete. Furthermore, the inherent limits of the consociational framework were analyzed. The third part of the article analyzes the limitations of ethno-partitocracy, showing that in one such system, the individual perspective is almost non-existent. The outlines of critical theory indicate the necessity of the alteration of certain social realities and the creation of a social model sensitive to diversity but directed towards the developed democratic achievements.

Kratka istorija konstitutivnosti u BiH

Author(s): Žarko Papić / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

The equality of Bosniaks, Croats and Serbs and citizens is the basis of Bosnia and Herzegovina, their common and indivisible homeland. National equality is the realization of collective human rights. Constitutivity is the constitutional mechanism by which it is realized. There is no majority and minority nor re-vote but an agreement is needed. Constitutional mechanisms to ensure constitutivity must be modified. This will prevent the blockage of institutions. Abolition of constitutivity and so-called civic principle of „one man one vote“ destabilizes the country.

APLICAREA LEGISLAȚIEI UE ÎN MATERIE DE AFACERI INTERNE ÎN ROMÂNIA

Author(s): Melania Păușan / Language(s): Romanian Publication Year: 0

As an EU member, Romania must applies the rules of the Union in all areas covered by it, including home affairs, in order to provide Romanian citizens and European citizens with the assurance of fundamental rights and freedoms. This paper aims to address Romania’s obligation to apply EU law in the police field from two perspectives: The advantages of a uniform framework for the application of regulations on this subject, but also the challenges resulting from the need to include them at national level. As a novelty element and with the conviction that the academic environment is a good one for debates, I intend to integrate in the proposed paper information obtained from the dialog conducted through artificial intelligence in the form of ChatGPT, As a result of the controversies raised in the academic world and to identify whether artificial intelligence of this type can formulate pertinent arguments regarding the application of EU home affairs legislation in Romania.

EDUCAȚIA - LEGĂTURA ÎNTRE LIBERTATE ȘI STATUL DE DREPT

Author(s): Bogdan Țonea / Language(s): Romanian Publication Year: 0

The present study aims to bring some conceptual clarifications regarding the connection that exists between democracy, education and well-being, a connection that is not at all apparent, but which structures in the depths of society the way of life and well-being of a people. In today's society, freedom is not lacking, but free people are missing. People for whom freedom is assumed, understood and respected; represents the supreme social model. Democracy emphasizes more than the freedom, the spiritual and material standard of a people. Democracy radiographs are eloquent indicators of mental and material well-being. They reveal the level of civic culture and the quality of public service. Not every power resulting from the people means democracy, but only that which does not impose arbitrary laws, which presupposes a minimum of freedom of thought and opinion. By the rule of law we mean all the principles and procedures that guarantee the freedom of the individual and his participation in political life.In my opinion, the only realistic and sustainable way to maintain and promote a democratic political regime and a liberal economic regime, i.e. a liberal democracy, is the way to educate citizens and especially specialists from the state apparatus and universities in terms of understanding the mechanisms of operation of democracy as well as regarding the shortcomings and shortcomings of a democratic system.

Предложенията за промени в конституцията от 2023 г. (от къде тръгнахме и къде ще стигнем)

Author(s): Nikoleta Kuzmanova / Language(s): Bulgarian Publication Year: 0

The draft amendment to the Constitution of the Republic of Bulgaria from 2023 contains numerous proposals that are within the competence of the Grand National Assembly. This conclusion is based on a comparison of the content of proposed changes with the established practice of the Constitutional Court of the Republic of Bulgaria regarding the "form of government" in the sense of Art. 158, item 3 of the operation of the Constitution. It is indisputable that the discussion needs to be changed in the Basic Law and if it is to be entirely political in nature. But in view of the basic constitutional principles - rule of law, people's sovereignty, separation of powers and independence from the judiciary, proclaimed in the Basic Law, the political decisions of this discussion should undoubtedly be in line with them.

Правни предизвикателства при приемането на промени в конституцията на Република България

Author(s): Hristo Paunov / Language(s): Bulgarian Publication Year: 0

It is a fundamental rule in the constitution of a democratic state to contain provisions related to changes to the basic law. Such was the understanding of the creators of the Constitution of the Republic of Bulgaria from 1991, who provided for such a legal regulation. It is contained in Chapter Nine of our basic law, entitled "Amendment and addition to the Constitution. Adoption of a new Constitution" - Art. 153 to Art. 163. Challenges in legal regulation related to changes in the Constitution are outlined according to material criteria and are fastened with special procedural guarantees in our basic law. In the exposition below, attention will be paid to some main points contained in the constitutional legal framework for revision of the Constitution by the National Assembly. The very fact that this activity is different from the usual daily legislative function of the parliament shows that the National Assembly is faced with the challenge of carrying out the changes in the basic law, considering all the features and specifics laid down in the constitutional law.