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There can be no doubt who poisoned Sergei Skripal and his daughter Yulia in Salisbury on 4 March. The interesting question is why.
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End of the 1980s and early 1990s brought a complete change of almost all factors influencing the position of both Germany and Poland in the international arena. The two countries – for the first time in history – faced the challenge of regulating their neighborly relations based on democratic values and principles of international law. This situation was an opportunity to create the foundations of “good neighborliness and friendly cooperation”, but at the same time once again brought about the need to confront the past – especially the events dating back about 50 years. As it turned out, the two countries not only have not always been in agreement in the mutual perceptions of their place in the new political reality, but disagreed also in the interpretation of common history. In addition, they differ in their views on the shape of mutual relations and prospects for their development. The formal regulation of Polish-German relations in the form of agreements and treaties were confronted with different real-life practice – mainly because of the lack of political will on both sides, coupled with the weakness in terms of implementation of the above documents, and were not enough to solve a number of contentious issues. Also the constant presence in the discussion of current issues and disputes of the historical legacy and resulting burdens did not facilitate conducting a meaningful, to-the-matter dialogue. The article shows the place and role of the past history in contemporary Polish-German relations, how it is used in the political and social discourse, and how it affects the thinking and outlook of the two nations today.
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This paper presents the main methods and cardinal principles of assets and liabilities valuation. The attention is centred mainly on the role of fair value accounting and its measurements methods. However, the paper also addresses certain issues relating to international accounting law, exclusively regarding valuation principles. It also presents the project of update of the law.
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In Part I of this article author details the claims to independent statehood of Croatia and Krajina based upon the right of peoples to self-determination in the context of the emergence of nationalism as a powerful political force in Yugoslavia in the early 1990s. He also details the response of the international community to the crisis which these irreconcilable claims gave rise to. In Part II author explores the reasons why the secession of Croatia succeeded and the secession of Krajina failed. Finally, the ramifications of Croatia’s and Krajina’s competing claims to statehood for the right of peoples to self-determination are discussed in the Conclusion.
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The article serves as an introduction to the set of papers that are devoted to the issue of ballistic missile defence as seen from the Polish perspective. It therefore refers in the most general terms to the key problems of the technology and the organization of missile defence. First of all, ballistic missiles and their strategic roles are considered as it is necessary to understand the threat before the defence against it is analyzed. Secondly, the nature of the ballistic missile defence is described, together with extensive reflections on its effectiveness. Further on the paper depicts in short missile defence systems of the world with the special attention to the United States.
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Wartime Bosnian Serb leader Radovan Karadzic opened an appeal against his genocide conviction yesterday in The Hague.
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German media connects 2017 visit of Vietnamese officials to Bratislava with abduction of businessman and politician in Germany.
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Refugee labor, including children, toil away in Turkish sweatshops with apparently little scrutiny from the authorities.
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This article analyses the three cases where the argument of “living together” was engaged by the ECtHR and accepted as a legal justification for the prohibition of the full-face veils (burqa and niqab): SAS v. France (2014), Belcacemi and Oussar v. Belgium (2017), and Dakir v. Belgium (2017). It analyses the proposed concept of “living together” itself, explaining its content and its development in the French and Belgian contexts. The paper argues that there is a lack of a robust legal analysis sufficient to legitimize this new argument. Finally, it makes the case for more fact-oriented decisions and the need for the Court to engage in evaluating all the knowledge it obtains, including empirical material brought by the third parties’ interventions. This could be beneficial for two reasons: facilitating the application of the proportionality test and protecting the Court itself from dangerous challenges to its authority.
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The judgment of the Constitutional Court of 22 June 2017 in case United Democratic Movementv. President of the National Assembly refers to the possibility of admitting a secret vote on a motionfor a vote of no confi dence in the President. Despite the lack of an explicit constitutional foundation,the Constitutional Court confi rmed the right of the President of the National Assembly to choose betweenan open and a secret vote. Nonetheless, the opposing values shall thereby be considered, suchas the voters’ right to information on the scope of exercising the mandate by their representatives andthe representatives’ right to vote in accordance with their conscience, free from pressure of not onlythe voters, but mainly the political party which they are members of.
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The conference “Europe of the Carpathians” took place in Przemyśl on 17 February 2018. It wasthe twentieth jubilee conference of the initiative begun in 2011 by the then Deputy to the Sejm ofthe Republic of Poland Marek Kuchciński. The aim of “Europe of the Carpathians” is to holda discussion by a large group of politicians, local government representatives and scientists on thecooperation of Central and Eastern European states. During the conference, the guests discussedparliamentary traditions in Central and Eastern Europe, the role of the region in the EuropeanUnion, Carpathian initiatives, local government and Carpathian universities cooperation. Theconference was attended by representatives of Poland, the Czech Republic, Hungary, Slovakia,Ukraine, Romania, and Bulgaria.
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This Article concerns the EU data protection reform which will come into effect from 25th of May 2018 and will be directly applicable in all Member States. The EU data protection reform aims to build a modern and comprehensive data protection framework for the European Union. The GDPR makes a number of changes in data protection laws, e.g. it introduces new obligations for data controllers and processors, brings new status and new tasks for Data Protection Officers (DPOs), gives more rights to data subjects and most importantly completely changes the perception of data protection law by introducing rules such as privacy by design, privacy by default. The Author describes selected changes, in general, from the viewpoint of an ordinary citizen.
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The research objective and task of the paper are to present the current status and perspectives of development of criminal legal protection of banking in Ukraine. The applied methodology is mainly comparative analysis. The main result achieved is to present the possibility of Ukraine to develop its criminal legal protection of the banking system in accordance with the EU legislation in this field. In spite of the fact that crimes in the banking sector were the subject of research of many scientists of Ukraine and abroad, this work represents an original research.
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The article shows based on the analysis of judicial practice that the model laws of the Interparliamentary Assembly of the Commonwealth of Independent States (CIS) are used not only in the lawmaking process, but in the law application of the courts. The article entitled the practice of application of the Model law on the treatment of animals. The absence of Federal law on this issue has led to the fact that not only the litigants but the courts of various subjects of the Russian Federation use the specified model law to justify their position.
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Food security of the state is a component of national security. Satisfaction of the population with food forms the basis for realization of all further possibilities of state’s development. Ukraine, being on the path of active realization of European integration aspirations, should pay particular attention to such issues. The originality of the article is proved by the fact that it is prepared in the frames of the project for the young scientists of Ukraine of 2017.
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The subject of this text is the legacy of the International Criminal Tribunal for the former Yugoslavia viewed in the light of the fact that this judicial institution is soon to terminate its several times extended mandate. The author deals with many aspects of this institution’s decades-long work, which clearly testify to the prevalence of the political motives of its founders and financiers over the legal and moral ones. This, above all, refers to the Tribunalʼs punitive policy, of which the author speaks in a “hard” and unrelenting language of numbers. She goes on to treat the practical and political repercussions of the Tribunalʼs aforesaid policy, bringing them into a relation with the current geopolitical redesigning of the area of the post-Yugoslav Western Balkans. She then continues to thematize the problem of international reconciliation, to which, declaratively speaking, the Tribunal was meant to contribute. The author presents arguments in favour of the stand that wars do not end in order that the conflicting sides should reconcile with one another although, upon termination of conflicts, they mostly do that, sooner or later. What occupies a much more higher position on the agenda of national goals in the post-war period is the preservation of what has been acquired through war and the decriminalization of the manner in which that was done. The reconciliation of the nations which were at war until recently, even if it happens, is rather an outcome of the conformist and compromissory nature of human life as such than of any external intervention which is the least reminiscent of those applied by the Tribunal. The author concludes that by intervening into the inter-ethnic relations in the territory of the former joint state, the Tribunal has created more conditions for the renewal of conflicts in the near or distant future than for a stable and permanent peace in a devastated and blood-soaked region.
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The author analyzes the specifics of disciplinary procedure in relation to criminal and misdemeanor proceedings, in the context of the principle ne bis in idem. Development of the related practice of the European Court of Human Rights, ranging from the judgment Zolotukhin to the judgment A. and B., is also discussed. The author points out that a parallel disciplinary procedure is not automatically excluded after the criminal or misdemeanor judgment.
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Article 48 of the Treaty on the EU contains rules for revision of both parts of the Lisbon Treaty, as well as all the protocols and annexes to the Treaty. In addition to the procedure which was present (with slight distinctions) in all earlier founding treaties, Article 48 of the Treaty on the EU sets out some new revision procedures. Paragraphs 2 to 5 of Article 48 of the TEU regulate the ordinary revision procedure, which emerges in two forms: a full and shortened ordinary procedure, whereas paragraphs 6 and 7 regulate two variants of the simplified revision procedures. In addition to these procedures, the Lisbon Treaty recognizes a number of other specific procedures for amending particular provisions of the founding treaties. Besides, the founding treaties can also be amended in the process of accession to the EU or withdrawal from the EU membership .
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The review of: Marek Piechowiak, Filozofia praw człowieka. Prawa człowieka w świetle ich międzynarodowej ochrony, Towarzystwo Naukowe Katolickiego Uniwersytetu Lubelskiego, Lublin 1999, ss. 412.
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