Around the Bloc-Backlash Against Overhaul of Romanian Research System
Universities say new rules allowing only in-country evaluators for research projects may jeopardize the quality of research.
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Universities say new rules allowing only in-country evaluators for research projects may jeopardize the quality of research.
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Terrorism is phenomenon of modern society, which became expressive especially in second half of twentieth century. There is a real danger that it could increase in growing number of terrorist groups, their aims, arms and ways of work, and that it could affect also in twentieth first century. Terrorism endangers the most important product of modern times: democracy, freedom, and human rights. There are different causes and reasons for existing of terrorist organizations and their cruel terrorist actions. This text analyzes a question of identity as a possible reason for existing of different terrorist groups and organizations and for their actions. Search for identity and question how to defend it create different problems and difficulties for individuals and groups. That identity is one-sided, disported, based on a false faith and so called salvation, but, to defend it somebody is prepared to sacrifice everything, his own life if that is necessary (but frequently somebody else's). That way, terrorism can be understood as a way of defending that identity.
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About Mindaugo Klovo's Dissertationą „Privačių dokumentų atsiradimasir raida Lietuvos Didžiojoje KunigaikštystėjeXIV a. pabaigoje – XVI a. pradžioje (1529 m.)“ and it's defense.
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In this paper author presents the achievemenets of Leon Petrażycki and his novelty in various areas of humanities. Petrażycki is recognised as forerunner of deontic logic, and also as creator of the principle of adeqacy, ennoblement of law, pluralistic vision of law. He exhibits primacy of legal norms over moral norm, and he establish scientific legal policy. Additionaly Petrażycki is treated as classic of the sociology of law and also as the artificer of emotions.
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The paper aims to study the work of Leon Petrazycki and analyze modernUkrainian scholars’ opinions on Petrazycki’s scientific achievements. This studyfocuses on Petrazycki’s work, his psychological theory, in particular, in viewof our own perspective on the law and within the framework of our theologicaland sociological theory, which considers the law as a social life phenomenonand regards moral imperative of the Almighty God as the basis of law. Everycivilization communicates moral imperative through sacred writings (the Ten Commandments in Christian Bible, six hundred and seven rules in Jewish Torah,seventy-two rules in Muslim Quran). It is within the framework of this moralimperative that the society and the state develop the law.The paper addresses the modern absurdity and at the same time antinomy oflaw, lying in the fact that there is more and more law in the society but less andless law in life of an individual due to the fact that states rapidly upscale rulemaking,but laws are becoming less accessible to an individual. This study drawson conceptual issues of Petrazycki’s theoretical heritage, fundamental principlesof his psychological theory, as well as connection between law and morality,described by Petrazycki, which are the spiritual heritage of society. The mostimportant issues of Petrazycki’s work, in our opinion, are studying the nature oflaw, balance of emotion and intellect, official and intuitive, desirable and actualcomponents in law, as well as subjective and objective law, law policy and power.The paper reveals that assessment of Petrazycki’s work in modern Ukrainian legal studies is ambivalent: from sharply critical (Prof. P. Rabinovich), compliant with Russian (O. Timoshina (St. Petersburg)) approach and critical yet positive perception of Petrazycki’s psychological theory (S. Maksymov, O. Merezhko, M. Kuz, O. Stovba) to admiration for Petrazycki’s genius, whose work was ahead of his time (I. Bezklubyi, N. Huralenko, V. Dudchenko, O. Rohach, M. Savchyn, V. Tymoshenko). Thus, the research findings suggest that Petrazycki’s work belongs not only to the past, but also to the present and future of jurisprudence, sociology, psychology, economics. Further in-depth analysis of Petrazycki’s heritage will contribute to more accurate diagnosis of urgent legal issues in social development of modern Ukraine, real assertion of personocentrism as a postulate of contemporary theoretical jurisprudence and guidelines for public authorities, as well as practical solution to many controversial scientific and legal issues.
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In this paper, we contribute to the debate on life-satisfaction gap between the citizens of post-socialist countries of Europe and Asia and their highly developed OECD counterparts, by examining the influence of de jure and de facto respect for empowerment rights. We mainly focus on the measure of rights protection called de jure - de facto rights protection gap. The empowerment rights included in the analysis are: the freedom of association, the freedom of expression, the freedom of religion, the freedom of foreign movement. Our results imply that government’s respect for these rights plays the role in diminishing happiness gap. We base the conclusions on an empirical study conducted on the sample of more than 59,000 observations. The data used for the study consist of World Values Survey database (waves 3–6) and a number of socio-economic indicators for 44 countries.
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The Covid-19 outbreak has poses a global health crisis to the world regard-ing the global economy, trade relations and polarization of globalization. This pandemic also demonstrates the high rate of vulnerability of the inter-national community. From this moment, leadership and crisis management are being challenged towards world leaders and heads of state. Several countries are symbols for the Covid-19 pandemic contamination. On the con-trary, some are put under big question mark for their leader capability due to failed policies. The US, one of the great economies and market leaders, was struggling difficultly to handle the pandemic. Although, the time was hard, but the vaccine development race had been launched since the first outbreak. Vaccine diplomacy shall be based on sharing and sympathy. This step means that vaccine, drug, and medical equipment will be equally dis-tributed to less developed and developing countries in need, which do not have the technologies and capability to produce their own vaccine. Eventual-ly, vaccine diplomacy is also used as a sub-element of public diplomacy of soft power which is to gain more influence in a specific targeted region and to enhance national branding. Vietnam is being one of the countries receiv-ing the largest batches of vaccine from the United States (the US), European countries, Japan, and China. Why the two countries in the Quadrilateral Se-curity Dialogue group are donating tremendously to Vietnam? How will Vi-etnam diplomatically tackle this “Sinophobia” while China pledges to support the country in the future right after the visit of the US’s vice president Kama-la Harris and during the visit of Japanese Minister of Defense Kishi Nobuo? This article will dig deeper into the implication hidden behind the tremendous generosities from leader economies.
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In the article below, I analyze the role of the Judgment of the European Court of Human Rights in the case of Ilașcu and others v. Moldova and Russia. This judgment, being pronounced by an international tribunal, benefits from the authority and power of the res judicata. However, this argument was “strategically ignored” by the Moldovan political establishment. I tried to find the answer to the question: Why has Moldovan diplomacy never used this strong argument, provided by the ECHR?
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Probably the motto that supports this article reveals very clearly that to ensure human rights there must be some foundations that are based on some values that are so natural in themselves that no doctrine is needed to explain them. The basic imperative that arises is that once there is a human being, he/she must enjoy the same rights as another human being, even if both are separated by a fence, a field or a river. The division of the population that took place in 1992 on the territory of the Republic of Moldova has led to different developments in terms of respect for human rights. Being in the same area, in the same jurisdiction the population woke up with a different legacy that the country’s Constitution grants. Apparently, an act that was to be applied universally throughout the state remains inapplicable for 11% of its territory.
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Conference-Report:“At the Crossroads of Volunteering and Public Policies: Rethinking Care in South East Europe”. 26-27 August 2021, Ljubljana. Reported by: Fabio Giomi.
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As of September 28th 2021, 4,163 migrants have illegally crossed Lithuania’s border with Belarus. To deter migrants – now and for good – Lithuania has pinned its hopes on a fence along the frontier.
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The article concentrates on a fundamental issue related to the effect of the EU non-discrimination principle. The preliminary research assumption was that the main purpose of extending the scope of its effectiveness, which can be observed in the jurisprudence of the Court of Justice, is primarily the wish to protect victims of discrimination, and only then to eliminate the situation in which discriminating entities avoid responsibility in this respect. It is also worth considering the consequences of the concept adopted in the case-law, namely that the EU non-discrimination principle has both vertical and horizontal direct effects. As a result, the first part of the article presents the development of the jurisprudence concerning the direct effect of the non-discrimination principle. Then the groundbreaking ruling in the case of Cresco Investigation GmbH (C-193/17) is discussed in detail. Finally, the analysis covers the reasons, scope and possible effects of the approach according to which the EU non-discrimination principle can be invoked directly in national courts also in the context of disputes between private parties. The final conclusions indicate possible further development trends in terms of the direct effect of the EU non-discrimination principle.
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The paper analyses the PNR Directive as pre-emptive data surveillance practice. The 2016/681 Directive regulates the use of Passenger Name Record (PNR) data in the EU for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. It obliges airlines to hand national authorities passengers’ data for all flights from third countries to the EU and vice versa, but Member States can also extend it to ‘intra-EU’ ones (i.e. from an EU country to one or more other EU countries), provided that they notify the EU Commission. Thus, PNR Directive affects all passengers who arrive in the territory of one Member State originating from a third country, or who depart from a Member State’s territory to a non-EU country, including any transfer or transit flights. Using PNR data, the individual is profiled and encoded in terms of degrees of risk.
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The aim of this article is to analyse the international legal and political process of reconciliation between Serbia and Kosovo in terms of its impact on the scope of development directions and strategies of the European Union countries as well as Russia and the USA. Particular emphasis was placed on the treatment of these issues in the light of the activities of the Kosovo Specialist Chambers and Specialist Prosecutor’s Office. The main theses assumed for the purposes of this article are as follows: firstly, that the policy of reconciliation between Serbia and Kosovo is multidimensional, including the necessity of the process of international criminal liability for the crimes committed by both states, while at the same time influencing the dilemmas of the development directions of individual European countries, but also of the European Union and the United States. In addition, the legal and political stabilization of the Balkan region, especially in the context of relations between Kosovo and Serbia, and the possibility of cooperation with these states as part of intergovernmental international organizations, is strategically extremely important for the EU, the USA, as well as for Russia. The Author critically analyses issues using polemics with the standpoint presented in the doctrine of the subject as well as interpreting selected instruments of international law and Kosovo’s national law. The deliberations resulted in conclusions as to the determinants in terms of the directions of the legal and political development of the EU and Russia resulting from the complicated process of reconciliation and mutual settlement of sins by Serbia and Kosovo.
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This article elaborates on the non-refoulement principle regarding deportation procedure, security, and entry to the country (Turkey) under the 2014 Temporary Protection Regulation, and the 2013 Law on Foreigners and International Protection. According to the document presented by the United Nations Human Rights Office of the High Commissioner “(…) the principle of non-refoulement guarantees that no one should be returned to a country where they would face torture, cruel, inhuman, or degrading treatment or punishment and other irreparable harm. This principle applies to all migrants at all times, irrespective of migration status”.1 The rights of refugees and asylum seekers in mass influx situations are recognized by UNHCR Executive Committee resolutions and general international law.2 Thus, it is necessary to analyze the non-refoulement rule as inseparable part of globally accepted principles: the right to life and the freedom from torture and inhuman or degrading treatment or punishment. The article describes the development and violations of the said rule, focusing on the pertinent current Turkish legislation.
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Was investigated the system-forming role of legal values and norms in domestic statebuilding. It is alleged that gradation legal values and their social role determined methodological approaches to thinking: positivist or natural and legal. The dominance of the positivist paradigm in understanding the law contributed to the spread of the twentieth century totalitarian and authoritarian political regimes whose leaders rejected natural law values and norms, replacing their so-called «political expediency» and ideological tenets. Repressive totalitarian political regime found its expression in the first place a significant moral person humiliation, catastrophic possibilities for its fulfillment. That is why the criticism of totalitarianism aims to restore such moral and legal values as human dignity. Was indicated that the rooting of democratic values in the public law and practice of nation-building helps overcome strains of legal awareness and legal culture of the population especially in countries that are reforming their political and legal system. For Ukraine, the crucial problem is legal nihilism overcoming, not only among ordinary citizens as among civil servants, senior politicians and so on. Since it is an example of the latter would encourage the establishment of legal values and statist thinking standards. Was proved that the system-forming role of legal values and norms most clearly manifests in collaboration with other values, especially moral and spiritual. The real upsurge of law and legal values is only possible in conjunction with the spiritual and moral nation flourishing, because exactly free individuals and society with a high level of justice are able to deeply understand the importance of instrumental and spiritual rights standards, apply it in daily life.
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The introduction of the state of the epidemic threat in Poland, and then the state of the epidemic, revealed far-reaching violations of the Constitution of the Republic of Poland in the sphere of individual rights and freedoms, which are the result of regulations contained in in the Act on Combating Infectious Diseases of 2008, as well as in the acts that were adopted for its implementation. On the basis of this case, it is worth asking about the responsibility of persons participating in the process of adopting such defective normative acts. In this article, the author considers the potential options for enforcing such responsibility. The conclusions that follow show little chance to draw legal consequences against persons participating in the procedure of adopting those normative acts. Similarly, political responsibility is illusory. Therefore, it becomes necessary to consider introducing amendments to the Polish legal system that will allow for effective attribution of the liability to persons who participated in the adoption of normative acts that grossly violated the provisions of the Constitution. Such actions, however, would require not only changes to the existing legislation, and sometimes even the Constitution, but also the political will to do so, which can be considered the main problem.
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According to the relevant norms of national and international law, the right to education is consecrated as a fundamental human right. The 17 Sustainable Development Goals, as prescribed by the UN 2030 agenda for Sustainable Development, included as Goal no. 4 the “quality education.” Multilingualism in international relations and organizations and within the national education systems represents important pillars from this perspective. The Francophone identity and its cultural, educational, and political dimensions are essential parts of this topic. The COVID-19 pandemic’s dramatic impact on human development and education increased their relevance and necessity nevertheless. Romania is an important actor of the organization called “Organisation Internationale de la Francophonie” (OIF), including at the level of national school and university educational systems in French language and promotes through political European, and international mechanisms and policies the principle of multilingualism.
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The study is intended to provide a summary analysis of some of the most important proposals for the preparation of Community legal documents, which, in their view, will have a significant effect on the fate of judicial proceedings in all EU Member States. One of the most important documents concerns the Proposal of the European Parliament and of the Council establishing harmonized rules in the field of Artificial Intelligence. The proposed regulation is also considered by the authors as indispensable for the advantages but also in relation to the great risks that AI presents in the judicial processes. A particularly useful analysis is the one on the Proposal for a Regulation of the European Parliament and of the Council establishing a computerized communication system in civil and criminal judicial proceedings in cross-border cases. The analysis of the above-mentioned legal documents could not ignore, in the light of approaches to judicial developments in the EU, the existence of present documents on the taking of evidence and the communication of procedural documents in cross-border proceedings. The authors made an analysis of these documents (recommendations) highlighting some aspects regarding their application. The authors conclude that the new proposals and regulations of the Community institutions are likely to give a new impetus to the digitization process and to establish a coherent and effective legal framework to avoid the great risks that modern technologies pose to European citizens.
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The totality of cross-border interactions in Europe in scholarly literature on international relations is often defined as “regional international society”, i.e. a social system of a smaller scale than global international society. From the sociological standpoint, social systems (or societies) consist of institutionalized practices. Among these practices there are primary institutions, which define and constitute types of actors and types of actions, and secondary institutions purposefully established by the same actors. Sovereignty, territoriality, international law, diplomacy, the balance of power, conflict resolution and a few other are the oldest primary institutions of the Westphalian state system in and outside Europe. The newer ones, such as human rights and democracy, incrementally evolved in the 19-20th century and supplement the existing Westphalian system. The aim of this study was to identify the primary international institutions of the European Economic Community (now the European Union) which was created after WWII as well as to evaluate the compatability of the new institutional order with that of the Westphalian model. The author examined the functioning of such primary institutions as supra-nationalism, subsidiarity, harmonization and micro-regionalism and drew the conclusion that the newest EU institutions are in conflict with the Westphalian ones and create new types of international actors, supranational as well as subnational, that are already recognized as peers among states within the context of diplomacy, international law and international trade. How the latent inter-institutional tensions will be solved in the future will depend not only on EU member states but also on countries outside it forced to coexist with the EU in the Westphalian world.
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