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.
Many societies seeking a just transition from authoritarian regimes or civil wars to democracy have employed official truth commissions to investigate systematic violations of internationally recognized human rights.
More...
The article deals with the newest possibility for the ombudsman to approach the Cons|titutional Courtwith a petition to estabilishunconstitutionality of lawwherebyanyrightsandfreedoms of citizensareviolated. There are shown different examples by such approaching and also the results of ithem. Another part of the content is about the possibility for the ombudsman in the Judiciary Act to approach the General Assemblies of the Supreme Cassation Court and Supreme Administrative Court with an offer for setting forth a decision and enrich the legal practice. There is a part about the way for the ombudsman to impact on the legislation of the country. Finally are shown some activities of the ombudsman to spread information about human right protection by publishing brochures, books etc.
More...
The analysis deals with two decisions of the CJEU adjudicated in 2014 and 2015. The issues presented in them pertain to the principle of institutional balance in the procedures for concluding international agreements between the EU and third countries or international organisations under art. 218 of the TFEU.
More...
The Civil Service system in Macedonia, was formally constituted with the adoption and enactment of the Law on Civil Service in 2000. A flaw made that, was that it regulated the status of only a small margin of public sector employees: those employed in government agencies, ministries and units of local self government. Throughout 2010, the Law on Public Servants was enacted, attempting to regulate the status of the remaining public sector employees. This 10 year long run, on regulating the status of a large number of peoples status, with two separate Laws, proved to be erroneous. As the Law on Civil Servants saw 27 ammendments since its adoption till 2012, and the Law on Public Servants was succumbed to a number of Constitutional Court Decisions which rendered its text, virtually unusable. With goal, to remedy this situation, the competent Ministry for Information Society and Administration had prepared and published (11th of August 2012) the Law on Administration, whose current text shall be the subject of this papers analysis.
More...
The article discusses examines the main issues about the subjective right to non-observance of the term of notice particularly the nature of the exercise and the legal consequences. The author resumes that the subjective right to non-observance of the notice period is an original and highly relevant legislative decision.
More...
The primary focus of this article is to review the historical development of the competition and competition law in Bulgaria between 1925 – 1944. During that period competition law has grown in response to the economic changes in Europe and in the United States. In Bulgaria rules concerning the competition have been applied to economic activities that were regarded as cartels, monopolies, anticompetitive behavior of firms (undertakings). Several laws against the unfair competition were adopted. The most important cartel provisions were accepted from German anticompetitive law and Austrian competition rules. Bulgaria implemented French doctrine about antitrust damages actions for breaches of competition law and the civil damages litigation. This article seeks to analyse the new Bulgarian competition framework and will look also at its approximation with US law. According to Sherman Antitrust Act from 1890 the Cartel court and the public administrative body - Commission of cartels were established. The Commission has regulated registration of cartels, prices and has had the legal power to change some of the terms of the cartel agreement. For the proposed historical period of time, the competition legislation aimed to improve the legal and institutional (administrative) framework of competition in Bulgaria and permitted the implementation of the competition policy in the economic growth of the country.
More...
This study discusses certain situations involving the protection of natural resources by the Roman Law, some of them constituting the most remote antecedent of environmental protections that today constitute this branch of administrative law which the doctrine calls environmental law.
More...
This paper explores the potential of cultural heritage in transitional justice (TJ) strategies. It examines whether cultural heritage components are underdeveloped in international criminal justice and transitional justice mechanisms and the prospects for broader inclusion. To narrow the scope and reach more precise conclusions, the focus is on immovable tangible cultural heritage to the exclusion of intangible cultural heritage. Through a case study of the transitional justice process in Bosnia and Herzegovina (BiH), it is shown that dealing with the intentional destruction of cultural heritage is critical to a transitional justice process, especially when the cultural heritage sites in question are constitutive of the cultural identity of ethnic or religious groups. The case demonstrates that victimcentered approaches to criminal justice, reparations, and reconstruction are essential. In what transitional justice mechanisms, then, can cultural heritage contribute to the processes of post-conflict societies toward living in a peaceful and democratic state?
More...
The aim of this paper is to provide an insight into how knowledge about dr. Franjo Tuđman was internationally created, namely the international context in which scientists and experts have produced factual truths about Croatia’s First President’s leadership, his role and accountability in the events that have marked the violent disintegration of former Yugoslavia, Croatia’s war of defense, and democratic transition. Developed discourse of the international scholarship about Yugoslav wars of disintegration and Croatia’s painful democratic transition is analyzed to determine how and in what way Dr. Franjo Tuđman is represented in selected publications available to the author of this paper. International scholarly production under the review is rather multidisciplinary with a variety of approaches, methodologies and theories providing rich data which in this case is studied juxtaposed to dominant transitional justice discourse framework. Such qualitative sociological research tries to deconstruct international scholarly context in which factual truths about dr. Franjo Tuđman were socially constructed by scholars and experts. Even though not always framed under the umbrella of transitional justice scholarship, developed discourse is Even though not always framed under the umbrella of transitional justice scholarship, developed discourse is nonetheless analyzed through critical lenses of social constructivism and approached in post-modernist sociological manner.
More...
Review of: Kajetan Hamerlak - Gerald Steinacher, Zbiegli naziści. Jak hitlerowscy zbrodniarze uciekli przed sprawiedliwością, przeł. M. Antosiewicz, Wołowiec, Czarne, 2015, 463 s.
More...
The term animus used by Roman jurists in the context of possessio does not denote a psychological element that must be added to the physical availability in order to have possession, but an integrative part of the possessory situation, which is needed in specific cases, particularly when the corpus, the material disposition, for one reason or another, is not completely feasible. Corpus and animus did not therefore indicate the structural elements of the possessio, but simply the parts of which the human being is made up, through which he can interact with things and have possession of them.
More...
As part of a larger work "Struttura ed esercizio delle servitù d'acqua nell'esperienza giuridica romana", published in Quaderni del Dipartimento di Scienze Giuridiche, 8 (2003), the author presents the distinction between public and private waters and the discussion of the creation of water easements. The opinions of Roman jurists and the principles of determining the place from which the easement is constituted are presented, as well as their modification during the time of the Principate in relation to the needs of practice and the creation of new types of easements that require supplementing the concept of ius civile.
More...
The purpose of this paper is to examine the currently public and accessible evidence on the alleged 1996 immunity deal between Richard Holbrooke and Radovan Karadžić. Using primarily archival materials of the International Criminal Tribunal for the former Yugoslavia in the case of Radovan Karadžić, this paper seeks to shed light on how the alleged agreement featured in the trial. While Karadžić claimed that Holbrooke promised him immunity in exchange for withdrawing from public life in 1996, the American diplomat steadfastly rejected such a notion. The issue dogged Holbrooke for years. After Karadžić’s arrest in July 2008, the former Bosnian Serb leader put forth several motions in The Hague claiming that the alleged deal protected him from prosecution. This paper will review the archival documents filed before the tribunal in The Hague and crossreference them with other sources. In doing so, this paper will try to offer insights into what transpired in July 1996.
More...
Migration processes as a global phenomenon related to the resettlement of people from one place to another are accompanied by numerous challenges nationally, regionally and internationally. Especially when migration takes place as a result of conflicts, States should ensure conditions for the reception of migrants, their adaptation and integration in society. The dynamics and trends of migration processes require flexibility, sustainability and efficiency in management activities. At the same time, it is necessary to implement effective measures to prevent and limit illegal migration flows and protect national security, which in numerous cases is associated with challenges due to the fact that this activity should be implemented in relation to the basic principles of free movement of people within the European Union and in accordance with the implementation of the mechanisms of common European asylum system. The policy of the Republic of Bulgaria in the field of migration, integration and asylum is based on national interests and on coordinated approach of the EU Member States, and in our national legislation has been introduced provisions of international regulations related to migration management processes and countering illegal migration. Central and territorial bodies of the executive power are directly involved in managing crisis situations developing on the territory of Bulgaria, as a result of the increased migration pressure. They are engaged in activities to organize the implementation and realization of measures with a high degree of deterrent and preventive effect towards the illegal crossing of migrants into the country, as well as in activities related to guaranteeing the security and protection of migrants seeking asylum in Bulgaria.
More...
Wybitni polscy prawnicy – profesorowie Ludwik Ehrlich i Antoni Peretiatkowicz – którzy byli biegłymi w procesach przed Najwyższym Trybunałem Narodowym (NTN) w zakresie prawa międzynarodowego, wywiedli, że atak na Polskę nie wyczerpuje znamion wojny w sensie prawnym, rządy Rzeszy na zajętych ziemiach polskich nie były więc okupacją, lecz „bezprawnym zawładnięciem cudzym obszarem drogą gwałtu i przymusu”. Taka kwalifikacja prawna agresji niemieckiej na Polskę zmienia zasadniczo prawa i obowiązki najeźdźcy (bo nie okupanta) oraz prawa „ludności na zawładniętym obszarze”. Celem artykułu będzie ukazanie argumentów prawników w dyskusji nad statusem prawnym z jednej strony Niemców jako najeźdźców, z drugiej zaś obywateli państwa polskiego w trakcie II wojny światowej. Dlaczego biegli nie chcieli uznać „stanu okupacji”, jakie implikacje mogła pociągnąć taka kwalifikacja prawna? Jakimi argumentami posłużyli się przeciwnicy rzeczonej konstrukcji?
More...
The eminent Polish lawyers, Profs. Ludwik Ehrlich and Antoni Peretiatkowicz, who were called upon as experts in international law in trials before the Supreme National Tribunal, concluded that the attack on Poland did not bear the hallmarks of war in a legal sense; the rule of the Reich in the Polish lands was not so much an occupation, but more an “unlawful seizure of land through violence and coercion.” This legal qualification of German aggression against Poland fundamentally changes the rights and obligations of the invader (not occupier) and the rights of “the population of a seized area.” The aim of the paper will be to present the arguments of lawyers in the discussion on the legal status of Germans as invaders and, on the other hand, citizens of the Polish state during the Second World War. Why did experts refuse to recognize the “state of occupation,” and what implications could such a legal qualification have? What arguments were used by opponents of such a construction?
More...
The aim of this article is to present, explain, and interpret the principles and norms of the international public law which concern the military occupation law (specifically laid out in the Hague regulations of 1907), in force prior to the Second World War and on its outbreak. The discussion paves the way for the subsequent evaluation – based on selected examples – of whether the German Reich and the Soviet Union, that is, the two aggressors who seized the Polish lands following the country’s military defeat of September 1939, observed the military occupation law (or rather allows for an overview of which of the aforesaid principles and norms were violated). The period under scrutiny is the years 1939–1940, i.e. the beginning of the occupation of the Polish lands and the time of the invading powers’ setting up their administrations, as this is when the aggressor is particularly responsible for establishing occupying authority in accordance with the applicable law.
More...
Celem artykułu jest przedstawienie, wyjaśnienie oraz interpretacja zasad i norm prawa międzynarodowego publicznego, które dotyczą prawa okupacji wojennej (przede wszystkim zawartego w Regulaminie haskim z 1907 roku), obowiązującego przed II wojną światową i w chwili jej wybuchu, żeby następnie ocenić – opierając się na wybranych przykładach – czy na ziemiach polskich zajętych w wyniku klęski militarnej we wrześniu 1939 roku przez dwóch agresorów, Rzeszę Niemiecką i Związek Sowiecki, przestrzegano prawa okupacji wojennej (lub raczej, które z wymienionych zasad i norm nie były respektowane). Badany okres obejmuje lata 1939–1940, czyli początek okupacji na ziemiach polskich i czas ustanawiania rządów agresorów, gdy na najeźdźcy ciąży szczególna odpowiedzialność za powołanie zgodnego z prawem reżimu okupacji wojennej.
More...
Dealing with the past is an essential part of transitional justice. It combines the four main pillars: the right to know, the right to justice, the right to reparation, and the guarantee of non-recurrence. Dealing with the past indicates that a significant amount of time has passed since the crime and injustice. Therefore, the problem of forgetting and modifying history deliberately or unconsciously forms the core of the instrumentalisation of dealing with the past. On the one hand, unconscious forgetting or modifying is usually the result of a non-responsible educational system (youth and adult education); on the other hand, deliberate modification of the past is driven by the desire to reach an aim which morally cannot be supported by its measures. One can observe governmental desire to modify and therefore instrumentalise history to secure the government’s power, divert attention from domestic issues and thus shape national pride/patriotism which is built on a selective historical memory. This article highlights the development of German and Polish relationships in the context of reparations for World War II and a selective history spread by the German movement called ‘Prussian Claims Society’ that fights, using selective Nazi analogies, to reclaim former German property from Poland represented by the Polish government. The movement also wants to create a selective history to divert attention from the national separation of the population. The aim of the article is to show how Germans and Poles handle the topic of reparations for World War II.
More...
