We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
Relationship between international and domestic law represents an extremely complex theoretical question which has great practical consequences. There is an ever-increasing number of areas which are simultaneously regulated both by international and domestic law norms, international legal rules in the field of human rights and liberties are being directly applied and the state cannot be exempted from liability for failing to fulfill international obligations referring to its internal regulations. Courts and other state authorities must interpret norms of national law so as to be in accordance with the international law. The provisions of the Law on Judge according to which the Republic of Serbia, in case of conviction by the competent international body to compensate the damage due to violation of basic human rights and freedoms in a court proceeding, is entitled to a regress from the judge who made the damage either intentionally or by gross negligence, make this question even more current. This paper discusses fundamental theoretical suppositions of dualism and monism, the provisions of the Constitution of Serbia of 2006 which regulate this complex question, the relevant case law of the Supreme Court of Serbia, as well as Constitutional Court of Serbia and of the former Federal Constitutional Court and also the question of the direct application of the rules of international law.
More...
Further to the activity of the Constitutional Court, in November 2018, several judgments were published (allowed objections of unconstitutionality) and they related to: Article 434(2)(g) (“Judgments subject to appeals in cassation”) of the New Code of Criminal Procedure, the provisions of the Law amending and supplementing Law No 254/2013 on the execution of sentences and measures involving the deprivation of liberty ordered by the judicial bodies during criminal proceedings, certain provisions of the Law amending and supplementing Law No 192/2006 on mediation and the mediator profession, Law amending Law No 213/1998 on public property assets, certain provisions in the Law amending Law No 161/2003 on certain measures to ensure transparency in the exercise of public offices, public functions and in the business environment, the prevention and sanctioning of corruption, Article 25(4) of Law No 64/2008 on the safe operation of pressure equipment, hoisting equipment and appliances burning fuels, the phrase “pre-existent to the capacity of insured party” in Article 58 of Law No 263/2010 on the unitary public pension system.
More...
Further to the activity of the Constitutional Court, in December 2018, several judgments were published (allowed objections of unconstitutionality) and they related to: Law on the amendment and supplement of the Code of criminal procedure, as well as on the amendment and supplement of Law no. 304/2004 on judicial organization, art. 243 paragraph (1) letter g) of the Regulation of the Chamber of Deputies, art. 129 (“Plurality of crimes”) paragraph (2) letter b) of the Criminal Code, art. 595 paragraph (1) of the NCCP and art. 4 of the NCC, sole art. point 1 of the Law on the amendment and supplement of art. 12 of Law no. 78/2000 for preventing, discovering and sanctioning corruption acts, art. 4 paragraph (2) letter c) and art. 5 paragraph (1) letter i) of Law on the prevention and fight against money laundering and financing of terrorism, Law for the amendment and supplement of Law no. 94/1992 on the organization and operation of the Court of Accounts.
More...
[...] It is a breach of the Constitution to establish vague, ambiguousregulations, which do not allow the citizens to foresee the legal consequences of theirconduct (judgement of the Constitutional Tribunal of 7 January 2004, K 14/03).The concept of the rule of law has been formulated by our civilisation a fewthousand years ago. Throughout the ages it has become a foundation for theconstruction and development of a concept of the state of law comprising the elementsof the state and the law. In the Constitution of the Republic of Poland of 2 April 1997,the idea was directly expressed in Article 2 reading: “the Republic of Poland shall be ademocratic state ruled by law and implementing the principles of social justice”, and atthe same time – apart from other rules – it has become one of the principal rulesbinding in Poland. What is more, it has also become basis for deriving further rules oflaw out of it, and first of all the rule of legal certainty. In a democratic state of law legalcertainty is particularly important as it enables the individuals to prudently arrangetheir affairs such that the respective adjudications do not come as a surprise to themand that they are able to foresee the adjudication in the given circumstances. Therefore,if the rule is only a postulate in a certain state the individuals have no trust in law andhave no feeling of security as regards the law, and without that we cannot talk about thetrust in the state, or consequently, about a democratic state of law in general.
More...
In relation to the activity of the High Court of Cassation and Justice (the Panel regarding the appeal in the interest of the law), in January 2019, two judgments were published and they related to: art. 184 para. (28) of the NCCP and art. 26 para. (4) of the G.E.O. no. 27/2006 on the salary and other rights of the judges, prosecutors and other categories of personnel within the legal system.
More...
Further to the activity of the Constitutional Court, in January 2019, several judgments were published (allowed objections of unconstitutionality) and they related to: art. 27 of the NCCP in interpreting the Decision of the High Court of Cassation and Justice (Panel DCD/C) no. 52/2018, certain provisions of the Law for amending art. 109 of the G.E.O. no. 195/2002 on circulation on public roads, certain provisions of the Law for amending and supplementing Law no. 96/2006 on the statute of deputies and senators, certain provisions of the Law for amending and supplementing the Law for amending Law no. 393/2004 concerning the Statute of the local elected officials.
More...
This article addresses the issue of the possible application of self-review with regard to decisions issued in the proceedings conducted pursuant to Article 36 et seq. of the Legal Adviser Act (the administration of the legal adviser professional qualifications exam). The self-review procedure may be applied to the decisions issued by the first-instance authority in the course of the proceedings conducted by the examination board of the second instance under the Minister of Justice (the board of appeal). The procedure may be carried out by the examination board within the time frame stipulated in Article 133 of the Administrative Procedure Code, i.e. within seven days of receiving an appeal. This means that the examination board should, by way of self-review, re-assess the grade assigned for the written part of the exam and adopt a new resolution on the legal adviser professional qualifications exam within the aforementioned time frame.
More...
The article is devoted to the role of the Constitutional Court of Ukraine on ensuring stability and at the same time dynamism of the legal regulation system. The powers of the Constitutional Court through the implementation of which it can influence the development of the legal system are analyzed.
More...
Although a legal person was out of the criminal law in accordance with the principle of “societas delinquere non potest” since ancient times, the tendencies in recent decades of the 20th century introduced qualitative changes into this field. Under the influence of a number of relevant international documents of universal and regional character, specific criminal legislation of the seventies of the last century accept criminal liability and punishment of legal persons, albeit of limited scope and specific character.This tendency was followed by all the criminal legislations of the states that were formed by the breakdown of the Socialist Federal Republic of Yugoslavia. There are two different tendencies: (1) the ones that separate special provisions on the liability of a legal person for criminal offences in the context of criminal legislation(Bosnia and Herzegovina, Macedonia) and (2) the ones that provide for provisions on criminal liability of legal persons in a special law – lex specialis (Slovenia, Croatia,Montenegro, Serbia). Thus, a new branch of criminal law - commercial criminal law has been constituted which turned a new page in the development of criminal law of Bosnia and Herzegovina.
More...
In the field of environmental protection, for the breaches brought to it by committing illegal acts, but also for the produced ecological damages, it was necessary to establish the legal responsibility. Environmental awareness is considered in the doctrine to be one of the most important ways of achieving the co-interest of the protection and development of the environment.The typology of engaging the criminal responsibility regarding the protection of the environment is determined by the nature of the object protected by the law, whose infringement is brought by the crime committed. In this sense, the contribution to the protection of the environment includes forms of penal invoice sanction that sanction within the limit of the equivalent, the possible ecological damage, to institute specific repressive measures, not to be confused with the repression of contraventions and to supplement the civil or administrative provisions of the special regulations, in order to achieve the goals of sustainable development, elements that are aimed at the public interest and which constitute extraordinary emergencies.The reality, however, confirms that this ecological awareness is either only in formation for many people, or is missing, and the negative consequences on the environment are obvious. For these reasons, we call for legislation to fill the lack of this consciousness and to educate people, even coercively. The law establishes the rules of conduct in the field of the environment, but also the sanctions that can intervene in situations where these rules are violated by committing acts harmful to the environment.
More...
In the opinion of the author, the Bill meets the requirements specified in the Act on the Execution of a Legislative Initiative by Citizens. However, doubts are related to the question whether it is constitutionally permissible for a group of citizens to submit the analyzed project, because in accordance with the Constitution, relations between the Republic of Poland and the Catholic Church are determined by an international agreement concluded with the Holy See, while relations between the Republic of Poland and other churches and religious associations are determined by laws passed on the basis of agreements concluded by the Council of Ministers with their respective representatives. However, in a situation where changes in the provisions of the Act on the relations between the State and the Catholic Church in Poland do not constitute the basic matter covered by a given amending bill, it is acceptable that the initiative for such changes does not come exclusively from the Council of Ministers.
More...
In the light of the binding provisions of law, the General Prosecutor is included in the subject matter of the oversight function of the Sejm. The statutory request for information and explanations may been perceived as the main instrument of parliamentary oversight serving to obtain information on specific proceedings conducted by the state prosecution.. The Marshal of the Sejm may refer a matter to the Committee on Justice and Human Rights, since the subject matter of activity of this committee includes matters related to the activities of the state prosecution, in order to obtain relevant information and express an opinion.
More...
In his position, the Sejm requested the Constitutional Tribunal to state that to the extent, in which provisions of the Code of Civil Procedure provide for a three-month period for filing complaint concerning the resumption of proceedings in case the judgment was based on a counterfeit or falsified document, and to the extent that the failure to meet this deadline results in the rejection of the complaint, conform to the Constitution. In the opinion of the Sejm, an allegation of a disproportionately short deadline is unjustified, as the deadline of three months to perform a specific procedural activity is one of the longest ones provided for in the Polish civil procedure and does not differ from the ones provided for in the civil procedural laws of other European countries. The practice of application by common courts of the provision in question also justifies the position indicating conformity to the Constitution.
More...
W stanowisku do Trybunału Konstytucyjnego Sejm wniósł o uznanie przepisów ustawy, które normują zasady udostępniania pytań z Lekarskiego Egzaminu Końcowego, Lekarsko-Dentystycznego Egzaminu Końcowego oraz Państwowego Egzaminu Specjalizacyjnego, za niezgodne z Konstytucją. Będąca autorem wniosku Naczelna Rada Lekarska stwierdziła, że pytania egzaminacyjne z przywołanych egzaminów stanowią informację publiczną, do której dostęp gwarantowany jest konstytucyjnie. W stanowisku podzielono tę konstatację i argumentację NRL, stwierdzając, że zaskarżone przepisy nie spełniają warunków zasadności ograniczenia dla ochrony porządku publicznego czy praw innych osób.
More...
For the Romanian legal system, the jurisprudence does not have the quality ofa formal source of law. Nevertheless, the legal reality, viewed from a historicalperspective, has demonstrated the essential role of judicial practice in interpreting andenforcing the law, in constructing argumentative practices, in clarifying the will of thelegislator and in discovering the less obvious meanings of legal norms and, last but notleast, in unifying thought and legal practice. Therefore jurisprudence, along withdoctrine, is an important component of the Romanian legal system.Based on these considerations, in this study we intend to highlight some aspectsof constitutional jurisprudence. We underline its contribution to the emergence anddevelopment of the constitutionality control of laws as well as the building of someprinciples of law. We mainly analyze the role of judicial practice in constructing theprinciple of proportionality in the constitutional law, of the principle of equality and theinterference between the principle of proportionality and the principle of equality. Inthis respect, we support the role of jurisprudence not only in the correct interpretationand application of constitutional norms, but also in their construction, in the discoveryof normative meanings which are often only implicit in the formal expression of the ruleof law of the constitutional principles mentioned above. By doing this, the constitutionaljurisprudence does not limit itself to the interpretation of the rules of the FundamentalLaw in accordance with the classical methods, but also has an important contributionto the clarification and construction of some principles of law, to the constitutionalizingof the entire legal system and of the judicial practice from all the courts
More...
This article attempts to present general constitutional aspects by integratingtextual and contextual analysis of global influences on constitutional history in Vietnam.It presents data on constitutional rights adopted in the five constitutional texts ofVietnam. Throughout thousands of years under the feudal regime and nearly onehundred years under the colonial domination, Vietnam did not have any constitution;and the constitution enacted on November 9, 1946, by the National Assembly of theDemocratic Republic of Vietnam was the first of the country, which had officiallyopened up the constitutional history in Vietnam. After the Constitution of 1946 followedby the Constitution of 1959, the Constitution of 1980, the 1992 Constitution (amendedand supplemented in 2001) and the Constitution in effect are the Constitution of 2013.Each Constitution is attached. In conjunction with a period of development of thehistory of the national revolution, let us learn together about the historical context aswell as the nature of Vietnam's Constitution.To understand these texts in context, it is based on historical documents andmaterial on the constitution. The structure of the argument follows the development ofthe constitutional rights, reviews and provides a short commentary on certainprovisions of the Constitution of the Republic Socialist of Vietnam, which we deemnecessary to be pointed out. Particular focus is placed on certain normative solutionsthat we believe are not adequately regulated and at the same time the interest of thecitizens of Vietnam.The present article aims at presenting the Vietnam fundamental law with thehighlighting of some essential aspects regarding the exercise of the legislative,executive and judicial powers, the institutional particularities and, last but not least, the evolution of the regulation that was generated by the state's accession to theinternational integration... Constitutional control is another aspect that we havefocused on the study, considering may the important role of the Constitutional Court inthe rule of law. The analysis can be signified as a point of reference in the comparativestudy of constitutional regulations.
More...
For more than two decades, in Romania, the civil fines applied by the tax authorities became a fatality for the merchants, especially because of the tendency shown by the arriving officers to take any action beyond the border of the civil penalty, even if there is no glimpse, through an interpretation in the spirit of the law, of the constituents for finding such an illicit act. This article aims to show a case, among others, where the need of a more profound analysis, prior to applying a civil fine, is demanded, and that the interdisciplinary knowledge should become on objective for the arriving officers.
More...
The present paper addresses, in a complex and complete manner, the problem of the acts issued by the central and local tax authorities, since the Romanian legislator attaches great importance to them. Being “manifestations of will done with the purpose of producing legal effects in fiscal matter”, they have a legal regime treated with great attention by the Romanian legislator, each regulation having relevance in terms of how the acts produce their legal effects. Therefore, the paper addresses not only the notion and the legal nature of the fiscal administrative act, but also aspects regarding the establishment, modification, cancellation or abolition of fiscal administrative acts. Furthermore, we devoted great importance to the procedural aspects, such as the form and the communication of the fiscal administrative acts, precisely because of the special legal regime dedicated to this particular category of legal acts.
More...
The author researches into the process of consolidation of a special segment within the system of law and the legislation of Russia – the native law and legislation; characteristic of its contents and structure as independent element of a national law system is offered, the prospects of codification of the indigenous ethnic groups legislation in Subjects of the Russian Federation are evaluated. Decentralization of powers in the sphere of ensuring the rights of indigenous ethnic groups is considered as an independent factor of consolidation of the native law in the Russian federal state. Axiological bases of the native law in Russia are designated, its national peculiarities are revealed: the formation of native law in the context of the federal relations; preservation of a distance between the national and international native law; contradictory legislative definition of communities as subjects of the native law and contradictory criteria of personal belonging to such communities. The author insists that development of legal systems in the modern states incorporating indigenous people includes two processes: globalization of the native right (or rapprochement of norms of the international and national native law) and fragmentary constitutionalization of usual (traditional) law and order.
More...