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The exclusive interview with Mr Lech Wałęsa, the legendary leader of “Solidarity” Trade Union, the Noble Peace Prize Laureate in 1983 and the President of Poland from 1990 to 1995, on the state of democracy in Poland and Europe presents Mr Wałęsa’s perspective on challenges that contemporary political leaders have to face. It discusses four major areas: a historical consideration of Poland’s post–communist transformation, a today’s perspective on democracy in Poland, an evaluation of country’s role in the united Europe and a discussion of processes that threat democracy in Poland and Europe. In the interview, Mr Wałęsa shares his hopes and fears, and he presents main ideas for the new political times. His assessments do not focus only on the today’s state of democracy, but he also tries to consider how the democracy may look like in the future. As a result the Polish Political Science Yearbook publishes a unique conversation with the legend of the struggle against Communist dictatorships in Europe that shows Mr Wałęsa’s personal remarks on the democracy, the globalised World and modern technologies.
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The article investigates the features of implementation of the civil rules of international treaties in the sphere of copyright in the legislation of the Russian Federation. It is concluded that the above implementation has a proactive nature. The influence of the provisions of international treaties on the development of national legal systems is considered. The main trends in the development of the legal regulation of relations in the field of intellectual property usage are analyzed.
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The Financial Action Task Force (FATF) constitutes an important pillar in the regulatory system of international economic relations. The Group can be seen as a modern equivalent of the nineteenthcentury “concert of powers”. Five characteristics of the latter – 1) special role of great powers; 2) semi-openness; 3) main purpose of serving the interest of its members; 4) accepting intervention into affairs of non-members; 5) limited institutionalization – can also be used to describe FATF. The article elaborates on the multiple similarities, while also discussing the differences between both systems. The conclusion is that despite its minor drawbacks, the FATF model is an efficient and effective tool in combating crime and terrorism, and as such is beneficial for the whole international community, not only the very members of the Group.
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The ombudsman institution is traditionally linked to the concept of human rights protection. In addition to this general notion, for the countries from South–Eastern Europe the ombudsman is a body related to the process of transition to rule of law and democratic values. In these countries the ombudsman has also the specific task of maintaining the social and ethnic peace and security. The ombudsman institutions in this region have also a beneficial effect on the process of accession to the EU and adherence to the principles of the Council of Europe as the human rights protection is in the heart of these organisations. The cooperation among ombudsmen in South–Eastern Europe is of crucial importance for the successful achievement of their tasks, especially in the context of challenging human rights issues with trans-border connotations. However the lack of a common model for the ombudsmen institutions, the difference in the mandate and functions and even the diverse title of these bodies, proves to be a serious hindrance to efficient collaboration and hence to the efficient protection of human rights at regional level. This is why the existence of international and European standards for the ombudsmen institutions from South-Eastern Europe is important in view of the need to bring them closer to each other but also closer to the successful model of a human rights protection body. The national status of the ombudsman is influenced by the International and European standards existing in this field, due to the tight link with international human rights regulations. Among these standards there are two important sources which can make a difference as far as the efficiency of ombudsman is concerned. The Paris principles of the UN are adopted in 1993 and are related to the requirement of independence, impartiality, financial independence and as broad mandate as possible for all human rights protection institutions. These principles require promotion and protection of all possible human rights, infringed by both public and private sector. A Status “A” indicates compliance with the highest standards for a human rights institution. Same principles are regulated by the Venice Commission for Democracy through Law. The process of bringing the institutions in compliance with the Paris principles and Venice commission rules is already on-going for the countries of South-Eastern Europe. The contemporarily concept of the ombudsman institution requires it to be proactive, open and transparent, closer to citizens in order to respond to their needs and to mediate between them and the malfunctioning institutions. The modern challenges of the ombudsmen are related to the protection of human rights violated by the private sector and the more urgent need of legislative initiative, which proves to be inevitable in the context of policy making processes.
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The article poses the following research question: what forms and methods of exercising judicial power in relation to intelligence services serve as a litmus test for democratization or autocratization? A democratic system presupposes that the state’s activities are subject to judicial oversight. This stems from the concept of democracy as a regime governed by the rule of law, while arbitrariness characterizes the essence of authoritarianism. However, the oversight of intelligence services can be a deceptive indicator of the level of democracy, considering that the relationship between the controlling judiciary and intelligence services mirrors the recurring discourse on the role of the executive during a state of emergency. Threats to democracy in the 21st century are no longer limited to conventional armed conflicts or natural disasters governed by state of emergency procedures but increasingly resemble a perpetual confrontation between state structures and terrorism, hybrid conflicts, cyber conflicts, and proxy wars. Even with extreme forms of extrajudicial detention implemented during I & II World War, Western constitutionalism has not relinquished the rule of law, yet it has long tolerated solutions that leave the activities of intelligence services beyond effective control by other branches of power.
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This paper traces the development of legislation related to supervisory authorities at the European Union level and, in particular, their competences in the area of anti-money laundering and combating the financing of terrorism. It examines the challenges posed to them by a series of scandals resulting from non-compliance with anti-money laundering measures. The cracks in supervision identified highlight the need for a new European Anti-Money Laundering Authority with clear powers to effectively counter abuse and direct control in high-risk cases.
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International Law is a system that is responsible for the protection of the rule of law in the international plain and for the achievement of common values such as humanity, justice and security. In that view the general principles of International Law have a very important role as foundations of the legal structure in the international IFAA system and an important place in fulfilling existing vacancies within legal sources and the strengthening of court arguments, moreover criminal law interpretations. These principles guarantee a dynamic of International Law and according to Anthony Casseu, a prominent professor of International Law, they are considered a promising source for International Law. This article is a descriptive inquiry with the aim to analyze the role and placement of general principles of International Law in the subjects tied to the crises in the Balkan region, especially with the case of Bosnia and Herzegovina, before the International Court of Justice and the International Criminal Tribunal for the Former Yugoslavia. This inquiry upon researching some of the subjects of the mentioned courts, concludes that using general principles of International Law has made the decisions of the International Court of Justice and the International Criminal Tribunal for the Former Yugoslavia more efficient and that it was effective in developing the International public and Criminal Law on an international level.
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Orice formă de încetare colectivă și voluntară a lucrului este considerată grevă. Prin urmare, și protestul spontan al angajaților, manifestat prin încetarea muncii, se încadrează în noțiunea de grevă. Cât privește legalitatea grevei din ziua de 16.07.2021, Curtea reține că aceasta s-a declanșat în condițiile în care între reprezentanții angajatorului și cei ai sindicatului se desfășurau negocieri colective privind noul contract colectiv de muncă, termenul limită stabilit fiind 19.07.2021. Greva s-a declanșat fără participarea sindicatului, nefiind îndeplinite condițiile art. 183 din Legea nr. 62/2011. Întreruperea lucrului nu a fost adusă la cunoștință angajatorului, în prealabil, conform art.182 din Legea nr. 62/2011. Așadar, Curtea constată că greva din data de 16.07.2021 nu a fost declanșată cu respectarea legii, având un caracter nelegal.
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This year the world marked the anniversary of the Srebrenica genocide with more consideration than before. This only logically follows the messages sent to the region, and particularly to Serbia over past months. US Ambassador to Bosnia-Herzegovina Charles English said, “The world failed to act, failed to protect the innocent of Srebrenica…The massacre was a stain on our collective consciousness.” Having hesitated for 20 years the EU – and US in the first place – finally realized that there could be not stability in the Balkans without a stable Bosnia-Herzegovina. In a few months only, the new US administration’s engagement in the Balkans produced visible results – and they are mostly visible in the new dynamics in Bosnia-Herzegovina.
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In this article, the authors make a theoretical foray into the characteristic elements of incorporation and analyze the defining features and its main forms, bringing together doctrinal opinions from different legal systems. In addition, it is presented a comparative analysis of the differences between incorporation and other forms of systematization of legislation (consolidation, codification) and stages of the incorporation process are described. In conclusion, the authors formulate their own comprehensive definition of incorporation, which emerges from the analysis performed.
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Transitional justice objectives in Bosnia and Herzegovina focus on both punitive and restorative justice. Referring to the criminal justice system implemented in Bosnia and Herzegovina in the post-conflict period, we note that this process took place in two ways - in the form of the International Criminal Tribunal for the former Yugoslavia and national, in the form of specialized territorial criminal tribunals. However, in the context of the objectives of transitional justice, territorial courts must also take into account the interests of victims, including their relatives, as well as witnesses to the atrocities committed during the active phase of the armed conflict in the Balkans in the mid-1990s.
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In order to ensure international peace and security, the United Nations is taking several steps to achieve this goal. The legal regulation of the status of Private Military and Security Companies is one of the objectives of the UN. In order to prevent and combat the use of mercenaries and specific services provided by Private Military and Security Companies, the UN has created several tools and intervention mechanisms. The text of this article examines the possibility of creating a UN intervention force, which could consist of individual recruits capable of intervening in security mandates and not of military forces provided by Member States and streamlining the process of prosecuting those who have committed serious violations of international humanitarian law, under the auspices of the UN.
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The international normative system is one complex in which legal norms have a special role Practice shows, despite the fact the violation cases number or non-compliance with international law norms are increasing, however states and other international actors try to justify their actions through arguments based on international law But, such an approach can and should be seen as a recognition of the legal norms role and place within the international normative system The international law evolution and codification process clearly demonstrates the approach by states to the gradual recognition of the international law supremacy in the process of regulating international relations The states national “selfishness” characterized by the reluctance to delegate some sovereign rights to international law also left its mark on the process of creating international law norms However, the majority of international law norms remain to be recommendatory nature norms for states, the latter reserving the right to express themselves in relation to them through a form that characterizes national legal traditions The 20th century second half was characterized by the “forceful” codification of international law, including thanks to the efforts undertaken by the International Law Commission empowered by the UN General Assembly with the noble function The trends were such, if at the beginning international law was focused exclusively on the interests of states as primary and original subjects, gradually the international law, including being pressured by the international community is oriented towards an imperative approach to obligations with erga omnes character thus qualitatively transforming the character of international law norms from instruments into jus cogens norms.
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The Maghreb space was and remains a specific one, conservative and little affected by European democratic processes, despite the fact that it has secular traditions with European states, especially with France, Spain and Italy The last decades of the 20th century have radically changed the mentality of the class politics of this region, including thanks to external factors, but also internal ones, dictated by the visions of the new generation influenced by Western democratic values However, the reconciliation process of the Maghreb countries’ societies cannot be viewed outside of the evolutionary processes that strongly influenced the respective political regimes and produced major effects on the progressive changes in the interest of the citizen At the same time, we cannot examine the respective societies as a package, each of them having its own traditions, be it political, legal, cultural or social In such conditions, the practice accumulated by the Maghreb countries in the implementation of transitional justice, the final objective being national reconciliation, is of increased interest for post-conflict societies, including the Republic of Moldova.
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This article analyzes the atypical legal systems, which present features from different types of law The authors state the classical division into legal families is outdated and many legal systems present amalgamated elements According to the authors’ opinion, based on the typological approach, some legal systems can simultaneously be part of different legal families, being at the intersection between them Thus, some elements of the legal system present characteristics of one type of law, and others — of another type of law, their specific mix representing a mixed system As an outcome, the authors conclude that there is no univocal approach to understanding the concept of “mixed system”, and propose to understand the mixed legal system as “a legal system in which a fundamental branch or a main element presents features characteristic of a different type of law than the dominant one in other elements of the system”.
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The article examines the concept of “system” in law, highlighting its systemic nature and importance for the stability of legal norms. It discusses the principles of a system, such as integrity, structure, and interdependence, and emphasizes the role of a systemic approach in understanding law as a universal regulator of human behavior. The legal system is viewed as an interconnected whole, more than the sum of its parts, characterized by integrity, structure, and interdependence. The relationship between the legal system and the legislative system is clarified, emphasizing fundamental distinctions: the legal system is an internal structure reflecting social relationships, logically organized from norms and interdependent subsystems. The article also discusses the openness and dynamism of the legal system, which evolves objectively as a reflection of social reality, rather than as a product of legislative discretion.
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The last decades have been characterized by attempts to interpret imperative norms of international law depending on the national interests of states, particularly the Great Powers. Such an approach can have negative effects on international law as a whole. Indeed, the founding fathers of these norms engaged in extensive debates to establish the spirit and essence of imperative norms in the interest of the international community as a whole. The classical interpretation of imperative norms is one of the pillars of the uniform application of international law.
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This study explores the multifaceted challenges impeding the functionality of Moldova’s judicial system, emphasizing the necessity of comprehensive reform measures. By conducting a qualitative analysis of European Union judicial reforms, this research aims to identify effective strategies that could be adapted to the Moldovan context. Key areas of focus include the development of sustainable financing models, enhancement of training programs for judicial professionals, and the integration of digital technologies into judicial processes. The paper proposes a set of reforms tailored to Moldova’s unique socioeconomic and cultural landscape, with the goal of improving judicial efficiency, transparency, and adaptability. Through this analysis, the paper contributes to the broader discourse on judicial reform in transitional countries, offering insights into the potential for systemic improvements within Moldova’s judiciary.
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