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Pravo glasa je političko pravo i ubraja se u red osnovnih ljudskih prava. Žene danas uživaju ovo pravo u gotovo svim državama sveta. Međutim, nije uvek bilo tako. Borba žena za ostvarivanje prava glasa, kao i mnogih drugih prava, trajala je veoma dugo. U malom broju zemalja ona traje i dan danas.
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Domestic violence is widespread in contemporary society, at the level of all social categories and deeply rooted, with serious effects on the health, quality of life and well-being of victims and their families. This scourge is not only a social and public health problem, but also a problem of non-respect and violation of human rights, its complexity requiring the active and direct intervention of the responsible national authorities, both in terms of providing support measures. protection of the personal integrity of victims, as well as the protection of their common social interests, such as the freedom and dignity of the person.
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The pandemic generated by the new Coronavirus caused a rapid change in the way of approaching the legal issues and the adaptation to a legislative framework that tried to regulate the new factual situation. A number of notions and legal institutions have acquired a special importance, being necessary their reinterpretation in the context of COVID-19, in order to identify solutions that correspond to these situations that humanity has been facing and, at the same time, have brought to the light systemic deficiencies which until then had not been considered sufficiently relevant or which had been amplified to an incredible extent. Force majeure, state of emergency, military commands, public interest, public health are just some of the notions that got a major role overnight. Emergency medical assistance and dental care, the rights of patients with chronic diseases, the fair balance between restricting the exercise of individual rights and public safety have led to a relaunch of medical law - a branch of law which, until recently, has been in a shadow cone, poorly represented from a doctrinaire point of view. Also, the sudden emergence of an unprecedented new global situation has been a challenge for public administration authorities, both at central and local level, and, in the same time, a necessity to manage it effectively and make appropriate decisions. The objective of this study is to present a retrospective analysis of the most important situations of this kind, from a juridical perspective and the underlining of the found deficiencies.
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Online platforms regulate and remove large amounts of illegal and harmful content (from content infringing IP rights to Covid-19 disinformation). Art. 18 of the proposed EU Digital Services Act Regulation (“DSA”), the most significant piece of regulation concerning online platforms, proposes a new system of “online courts” that would resolve any content-related disputes between platforms and their users. The paper discusses Art. 18 DSA (more precisely its version proposed by the European Commission, which is currently in the legislative process), the requirements it will place on dispute settlement bodies and the possible impact of these requirements on their operation and accessibility of such proceedings to users. It also briefly analyses the position of online platforms as defendants in content-related disputes and suggests changes to Art. 18 DSA that could be made to remove the identified shortcomings.
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The aim of the article is to present one of the ways of restructuring the indebtedness of agricultural holdings by granting an interest subsidy on a restructuring loan by the Agency for Restructuring and Modernisation of Agriculture. This is a new solution introduced to the Polish legal order by the Act of 9 November 2018 on debt restructuring of entities running an agricultural holding. The author first discusses general issues related to the constitutional foundations of the agricultural system and the system of the Agency for Restructuring and Modernisation of Agriculture. Next, author moves on to assess the motives of the legislator, introducing the Act on Debt Restructuring of Farm Operators, and then discusses the legal problem of public aid granted by the ARMA. The work ends with a summary and conclusions de lege ferenda.
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The history of Polish and European rural development policy and agriculture indicates that rural development is gradual, requires a lot of commitment and time. The constitutive bodies of local government units have a great importance in shaping this policy. Their tasks of rural development and agriculture are of a diverse nature, which results from the systemic position of the organs and the scope of their activity. These are tasks related to, among others with the implementation of local tax policy in rural areas, shaping the beekeeping sector or supporting the local economy of rural areas. In addition, the activities undertaken for the development of rural areas in Poland by the authorities constituting municipalities and provinces are complementary to each other. The commune council directly influences the situation of a member of a small rural community. However, the voivodship parliament is involved in creating a uniform rural policy in all rural areas of the whole country.
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In connection with the amendment of the Act on social insurance of farmers, which entered into force on May 18, 2018, a new civil law agreement was introduced to the national legal system – the agreement on harvest assistance. This agreement was to be the legislator’s response to voices coming from widely understood agricultural circles, speaking about the need to create such a contract, the specificity of which would correspond to seasonal work carried out on farms and at the same time ensure the safety of two parties to the contract – the farmer and the assistant. In this article the author presents legal aspects of the new contract in agriculture, as well as, in as synthetic manner as possible, the arguments in favour of and against the legal, tax and insurance solutions that accompany it. The study verifies the usefulness of the new contract in agricultural activity, including its suitability for the realities of the agricultural market in Poland and the expectations of those most interested in it – farmers themselves. One should not lose sight of the fact that in practice the contract is often signed by two parties, where one of them is a citizen of the Republic of Poland and the other a foreigner. This fact raises many theoretical questions, especially in the context of income taxes and the problem of double taxation.
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Dietary supplements are becoming increasingly popular and often enjoy unlimited consumer confidence. On the other hand, the production and trade of these products creates a rapidly developing market worth billions of PLN. In my paper, starting from the origins of legal regulations, through the definition of dietary supplements. I present current problems in this field. I draw attention, in particular, to the most important aspects, such as labelling, advertising, the manner in which the dietary supplements are introduced to the market, and the composition of these supplements and its control. Each of these areas raises doubts and controversies, and loopholes in legal regulations create scope for numerous abuses that may threaten consumers. An important element of the paper is the analysis of the results of the audit carried out by the Supreme Chamber of Control and the solutions proposed by it.
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Nasilje u porodici je jedan od osnovnih vidova kršenja ljudskih prava i zato međunarodni standardi za zaštitu ljudskih prava zahtijevaju od država da poduzmu odlučne mjere kako bi osigurale odgovornost počinioca i zaštitile žrtve. Pojava nasilja u porodici predstavlja veliki društveni problem i kao takav zahtijeva maksimalnu uključenost svih vladinih i nevladinih institucija. U ovom poglavlju će se razmatrati intervencija policije i njeno postupanje po prijavi nasilja u porodici, sa kratkim osvrtom na situaciju u doba pandemije COVID-19.
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Osim Zakonom o ravnopravnosti spolova, seksualno uznemiravanje je definirano kao poseban oblik diskriminacije i Zakonom o zabrani diskriminacije kao i zakonima koji uređuju radne odnose. Ovim propisima je uređena zaštita od diskriminacije u okviru parničnog postupka te će se u ovom dijelu dati osnovna obilježja i specifičnosti razmatranja ovih predmeta u parničnom postupku.
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In the present study, the authors aim to highlight the successive legislative changes implemented in domestic law in the context of the introduction of the digital entry form, in order to combat the effects of Covid-19 pandemic. The authors also present the differences in judicial practice in the application of specific legislation, aimed at determining the territorial jurisdiction to resolve cases having as object a contraventional complaint, by reference to successive amendments to the law, on the the relevant moment for establishing the competence and the legal consequences resulting from these legislative changes. Finally, the authors aim to offer some solutions arising from the analysis of the identified jurisprudential problems.
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Fundamental rights in the European Union, including Romania, are a sensitive point in the action of the European organization, its leaders and the representatives of the Member States during a period of crisis, which has not yet ended. The European Union guarantees the highest level of respect for human rights by establishing the Charter of Fundamental Rights, a document with legal force of Treaties, yet limited in its scope. The study aims to substantiate the possibilities for interpretation and application of specific human rights rules in the European Union, by referring to the case law of the Court of Justice of the European Union which adds to the document and other sources, such as general principles of Union law or the case law of the European Court of Human Rights. This multitude of institutions, agencies and offices as well as sources related to the protection of fundamental rights raises the issue of their observance in a borderline situation, such as the Covid-19 pandemic. Although the crisis has not ended at this time, the most important moments seem to have taken place: the imposition of traffic restrictions - on people and goods -, the purchase of medical equipment or the financing of vaccine discovery research and their purchase. The study examines the legal implications of the health crisis by sampling them, starting from the observance of its own rules by the Union institutions, in particular regarding the decision-making transparency of the European Commission, regulation by documents without binding legal force (soft law), especially by recommendations issued by the Commission European or measures taken to restore the free movement of persons.
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It is more and more pragmatic the fact that, in the near future, both explanations and the form of the concept of national security will have to adapt to the model of responding to the need to guarantee the enforcement of law, the rule of law and social security, especially the part concerning the normative architecture with regard to the asymmetric and hybrid parts of the future concepts of risk and threat that society will have to accept and face. The challenges to which the world has been subjected for the last two years are raising a red flag, emphasizing the need for a change of view but also for a closer coollaboration between institutinos, at the level of the defense system, public order and national security, able to react effectively to the wide range of dangers, including the Covid-19 pandemic. The last two years of pandemic have impacted the whole world, so that both the law, through the existing systems, and the various concepts of national security, have reacted to this form of social imbalance. The article tries to capture the impact of the pandemic, the reactions related to the behavior and attitude of the individual, from the perspective of extremist-terrorist beliefs, with an impact on the processes generating criminal activities, in the interaction between the groups and individual entities in the society. Equally, the text will aim to highlight the social impact, of a complex and diffuse nature, as well as the evolution recorded at the level of the phenomena of radicalization and extremism, together with the influences on society, in the short and medium term.
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Jurisdiction is the ability established by law in favor of an authority to resolve a particular dispute that arises between two or more subjects of law. Outside the courts, the settlement of disputes can be carried out by several jurisdictions, some national and others carried out by bodies with jurisdictional powers, this solution being imposed by the specialization of certain disputes but also by the relief of the courts.
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The Czech legislation recognises certain types of “environmental liability”, including the obligations from various fields of law – a special obligation to prevent and remedy environmental damage, and administrative, criminal, and civil law liabilities. Unlike in case of share deals, where the liability remains with the acquired company, in case of asset deals the transfer of environmental liability depends on more factors, such as the type of liability and specific circumstances under which the liability originated. Both the seller and the purchaser may aim to minimize the impacts of threatening environmental liability by various contractual instruments. The paper deals with the contractual risk allocation for both parties of an asset deal, including the analysis of the environmental liability under the Czech law, and specific legal instruments of risk allocation, such as indemnifications, representations and warranties, or deferred payment of purchase price.
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U skladu sa Porodičnim zakonom Federacije Bosne i Hercegovine15 supružnici koji žele pokrenuti postupak razvoda braka, a imaju zajedničku malodobnu djecu, dužni su obaviti radnju posredovanja. Posredovanje je predradnja koju je zakonodavac propisao sa ciljem da supružnici prije postupka razvoda braka razmisle o svom zahtjevu i pred stručnim osobama iznesu razloge koji su uzrokovali narušene partnerske odnose. Namjera je da se u postupku posredovanja nastoje sanirati poremećeni bračni odnosi, a kada to nije moguće, potrebno je da se supružnici dogovore o pitanjima brige i zaštite zajedničke djece, a što bi se trebao poštovati do okončanja postupka razvoda braka i donošenja sudske pravomoćne presude. Postupak posredovanja mogu obavljati centri za socijalni rad, Porodično savjetovalište Kantona Sarajevo i fizička lica koja je licenciralo Federalno ministarstvo za rad i socijalnu politiku.
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Public safety represents a strong challenge for the structures of the Ministry of Internal Affairs involved in preventing threats and in removing their effects. One of the main action plans is that of public procurement, which, following the completion of the specific procedures, results in the conclusion of administrative contracts between contracting authorities and different economic operators. It has not often happened that, in the execution of administrative contracts, economic operators fail to fulfill their contracted obligations or perform them improperly, requiring the intervention of the court in order to resolve the differences. The purpose of this paper is to analyze the conditions under which the application for a summons operates, as well as to interrupt the limitation of the material right to action by formulating a new request for a summons, in the event that the original application becomes obsolete. The research of the relevant doctrine and jurisprudence will be addressed in this paper first in order to avoid procedural sanctions, and secondly in proposing solutions for the protection of the rights and legitimate interests of contracting authorities, respectively the protection of their budgets, regardless of the source of funding. Finally, a legal error identified in practice will be presented, as well as the legislative solution to avoid it, by reference to the two law institutions mentioned above.
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The method of assisted reproduction can be applied when the medical condition of the man or the woman prevents them from carrying out their reproductive functions in a natural way. In this case; the woman who gave birth to the child is considered to be the mother. A problem arises with the establishment of the identity of the father. The methods for еstablishing the identity; which can be applied; are different depending on the marital status of the partners – whether they are married or not. The law allows reproductive partnership between people who are not spouses.
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This article focuses on the position of women in medieval Slavonian towns regarding their right to possessing real estate and disposing with their immovable property. Even though there were many towns in the territory of medieval Slavonia or present-day north-western Croatia, be it free royal towns, which were directly subjected to the crown, or marketplaces, which formed a part of noble estates and enjoyed only limited autonomy, my research primarily focuses on Zagreb’s Gradec and Varaždin, mostly because their sources have been best preserved.
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The report examines the content of the principle of national regime and its different interpretations, in relation to the different approaches of the international treaties that regulate it. The manifestation of the principle in each individual sphere of intellectual property is considered. An analysis is made regarding the role of the principle of national regime in relation to legal regulation in the field of intellectual property at the national level. The various approaches in the conventional international framework regarding the introduction of the principle as a guarantee to overcome the limitations imposed by the territorial nature of the objects of intellectual property are examined.
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