Юридическата компилация Nomos Mosaïcos и някои аспекти на нейната славянска рецепция

Author(s): Mariyana Tsibranska-Kostova / Language(s): Bulgarian Issue: 3/2014

The article aims at giving an idea on how the Old Testament compilation known in the Byzantine juridical literature as Νόμος Μοσαϊκός (Nomos Mosaïcos), or Moses' Law (Laws), was received and transmitted in its Slavonic translation. The analysis is focused on the 31 oldest manuscript (Ilovica copy from 1262) of St. Sava's Zakonopravilo (Legal Code), known as being the South-Slavonic Krmcija with interpretations. In this fundamental compendium for all Slavs the Nomos Mosai'cos is the 48th title in the part of the manuscript copied by the priest Bogdan (ff. 249v-255r). In comparison to about 40 Byzantine copies from the 11 th-16th centuries the Slavonic text shows two main typological peculiarities: in the Slavic milieu the Nomos Mosai'cos shares the same independent text history and translation as the other secular law texts appended to the Byzantine Ecloga (Procheiros nomos, Nomos Georgikos as well as the Ecloga); it was copied in voluminous codices since the Krmcija remained the primary and original textual environment for the Old Testament juridical norms for the Slavs. The linguistic analysis shows two main tendencies: an undisputed connection with the Byzantine prototype that was followed, and an independent and recognizable technique of translation that characterizes the Zakonopravilo as a whole. The early date of the Slavonic translation and its preservation in a copy one century prior to the oldest known Slavonic translations of the Pentateuch requires Nomos Mosai'cos to be taken into consideration as a reliable source when studying both Biblical and juridical aspects of the Old Testament in the Slavonic written tradition as a whole. It must also be considered when examining the mutual relation of the text of the Zakonopravilo as a whole, the Slavonic Ecloga and the Farmer's Law.

HAPLA, Martin: Dělba moci a nezávislost justice

Author(s): Hana Draslarová / Language(s): Czech Issue: 2/2017

Review - HAPLA, Martin: Dělba moci a nezávislost justice. Brno: Masarykova univerzita, Právnická fakulta, 2017, 95 s. ISBN 978-80-210-8478-0.

Odměňování soudců jako součást soudcovské nezávislosti

Author(s): Adam Blisa / Language(s): Czech Issue: 3/2016

The paper addresses the specific status of judicial remuneration and the possible consequences of interferences with judicial remuneration for the judicial independence. It provides an outline of components of judicial remuneration and of its relationship with the concept of judicial independence. Subsequently, relevant case law of several countries’ high courts (USA, Canada, the Czech Republic, Slovakia, Poland) is analysed and the approach of the respective courts is evaluated. The paper concludes with pointing out the so far neglected aspects of relationship between judicial independence and judicial remuneration.

Postavení parlamentních jednacích řádů a přezkoumání jejich dodržování ústavními soudy v Rakousku a České republice

Author(s): Jindřiška Syllová / Language(s): Czech Issue: 3/2016

Parliamentary rules of procedure and standing orders are special sets of rules. Their compliance is not reviewable by any conventional control mechanism. In addition, the behaviour of the MPs is protected by the immunity regulation. If parliamentary rules of procedure are regulated by the form of the rigid legislative act, as in the Czech Republic and in Austria, there is very difficult to amend them. In both countries the rules of procedure are reviewed by the constitutional courts. In Austria the decision of the Constitutional Court is based on the simple principle of correct expression of the will of lawmakers. The Czech Constitutional Court has accepted more complicated attitude that allows to use the test of proportionality.

Stanoviska nejvyšších soudů: efektivní prostředek sjednocování judikatury nebo přežitek socialistické justice?

Author(s): Martina Martino Baráková / Language(s): Czech Issue: 2/2016

The unifying opinions represent one of the judicial means to unify the judiciary practice in Czech legal system. The Supreme Court and the Supreme Administrative Court are entitled to issue unifying opinions aiming the subordinated courts. The analysis of judiciary practice revealed that both supreme courts are proceeding very differently to the unifying opinions. The Supreme Court fluently re-established the practice commonly used before 1989 when the unifying opinions represented the mean of ideologically correct interpretation of the socialist law. On the contrary, the Supreme Administrative Court refrained from using the unifying opinions shortly after it had been established. Nevertheless, the judiciary practice in administrative law seems not to be negatively affected by this fact. The article examined various aspects of the use of unifying opinions. The most serious threat can be seen in the lack of conceptuality in the separation of powers. According to the author the severity of this aspect prevails all the positives the unifying opinions can offer and the legislation or the practice of the Supreme Court should be reconsidered.

Chování a jednání soudce „mimo talár“ jako kárné provinění z pohledu samotných soudců

Author(s): Iva Hauptfleischová / Language(s): Czech Issue: 3/2015

Judicial ethics is a very current topic. Even though recently it is devoted more space to the ethical questions of law than before, yet it is still insufficient. Affairs with judges occur quite frequently, and it is in the first place a task for professional public to deal with these problems. This article should therefore be a further small contribution to the discussion on judicial professional ethics. There are far greater demands on judges, even on their behaviour in private life, than on anyone else. Czech judges do not have a code of ethics, the legislation is very general and case law relating to the conduct in privacy as a disciplinary offense is very poor and old. The aim of this article was to find out how judges perceive certain specific situations, if they are able to consistently determine what is and is not a disciplinary offence. That means if the present situation is satisfactory, or whether we would need a code of ethics or other measures to help judges.

Jiné výdělečné činnosti státních zaměstnanců: výkon činnosti rozhodce zaměstnancem státní správy a ve srovnání s dalšími činnostmi (znalecká činnost, tlumočnická činnost aj.)

Author(s): Alexander Bělohlávek / Language(s): Czech Issue: 3/2019

In this article, the author focuses on the possibility of civil servants who perform state administration to act as arbitrators, with respect to regulation of other gainful activities, particularly under the regime of Act No. 234/2014 Coll. on Civil Service. Attention is given particularly to a detailed interpretation of the provisions of Section 81 paragraph 2 of Act No. 234/2014 Coll. on Civil Service, as well as general pre-conditions for civil servants to act as arbitrators, particularly in light of the specificity of arbitration and the duties of an arbitrator. In the general section, the author first shortly describes the position of an arbitrator and parties in arbitral proceedings, taking into account the obligations of civil servants, characterizes the duties of an arbitrator in the context of Czech law and provides a detailed overview of conditions that must be met to act as arbitrator. These conditions being stipulated in arbitration act. In the main part, the possibility of a civil servant acting as an arbitrator is discussed in detail. The author examines the basis and purpose of the amendment of Section 81 (2) of Act No. 234/2014 Coll. on Civil Service and compares the status of civil servants with the legislation applicable to other individuals who work for the Czech Republic in some capacity, as well as other individuals who are legally restricted from performing other activities. With regard to legal regulation applicable to arbitrators, as well as with regard to the examined historical development of the provision now contained in § 81 paragraph 2 of Act No. 234/2014 Coll. about civil service, its purpose, its context in the Czech legal order, comparison with similar provisions of other regulations, as well as its rational and constitutionally possible application, the author concludes that acting as an arbitrator is not a gainful activity within the meaning of Section 81 (2) of Act on Civil Service. Civil servants who perform state administration therefore do not require the permission from a competent state administration body to act as arbitrators. The performance of their arbitrator duties cannot, however, compromise their obligations stemming from their employment in state administration.

O PERSPECTIVĂ ASUPRA CIBERNETICII DREPTULUI

Author(s): Carmen Silvia Paraschiv / Language(s): Romanian Issue: VI/2012

Legal cybernetics is a new science in the branches of sciences that emerged after World War II, which refers to law as a complex, communicative system, in which the rules of law represent, on the one hand, a reflection of the feedforward, and on the other hand, an adjustment system based on feedback. The interaction with logic, informatics and law leads to a new perspective on the law and the lawyers who become technicians of the law, so that the criminal procedural law can become closer to the positive sciences.

THE DISCIPLINARY RESPONSIBILITY APPROPRIATE TO THE PRE UNIVERSITARIAN TEACHING SYSTEM

Author(s): Andra Puran / Language(s): English Issue: VI/2012

The regulations contained in Law no.1/2011 , complete the common regulations that can be found the Labor Code. This way, the teachers in preuniversity education are going to be penalized disciplinarily for violating their duties according with the labor contract and for violating the behavior rules, as mentioned by the law.The special law regulations do not refer to any other aspects connected with the disciplinary irregularity concept, in this way being analyzed according with the general directives of the Labor Code .Analyzing the regulations from Law 1/2011, I observed some deficiencies of regulations concerning the disciplinary responsibility of theachers in preuniversity education.

FORMAL LEGISTICS – CONTEMPORARY APPLICATIONS

Author(s): Diana Dănişor / Language(s): English Issue: IX/2015

A characteristic of legal language is the fact that it has to reconcile the opposition between clarity and complexity. Since it first addresses specialists, this language must be complex. One cannot claim that he does not know the text of the law. The very function of the law makes the legislature reconcile these two oppositions, while producing a clear, concise, precise, comprehensible law, ensuring the effectiveness of legislative texts. In this framework, the aim of this paper is to highlight the importance of formal legistics as a science primarily concerned with legal drafting rules, structure, internal organization and form of legislative texts.

BUILDING A CULTURE OF LAWFULNESS THROUGH LEGAL EDUCATION

Author(s): Marieta Safta / Language(s): English Issue: XII/2018

The fundamental importance of universal education for children and youth in the prevention of crime, terrorism and corruption and the promotion of sustainable development is undeniable. The evolution of the state of law, promoting the values of democracy, peace and social balance are conditioned by the development of legal education, the culture of respect for the law, from the earliest ages. In this context, one of the most obvious needs of both the state, its authorities as well as civil society is the identification and effective implementation of tools to achieve this education. Public policies, but also the actions of non-governmental organizations, of the academic environment, must be correlated to achieve the desideratum of education based on knowledge, understanding and respect for the law.

SOME CONSIDERATIONS REGARDING THE STATE AS A SUPERIOR FORM OF ORGANIZATION OF THE SOCIETY

Author(s): Mircea Tutunaru,Romulus Morega / Language(s): English Issue: XII/2018

The State is the main institution of the political system because his are made through the essential elements of the organization and management of the society. Due to this fact, the State has a significant share in the investigation of a political phenomenon. The State is considered the central organs of a society or nation, supported and created by society to exert power over citizens. The essence of the State was outlined two different theories, namely: the State is a manifestation of will; the State is an instrument of labor coercion, domination. The State as a manifestation of will begins with the human rationality and decision-making capacity in order to achieve the common good. The essence of manifestation of will is the effect of people's rational. As regards the State as an instrument of coercion, people accept the need for state coercion and domination, domination of a social group on the whole of society. This is because the State is a power of command, and the will to separate and superior to the individuals who compose it can be done if necessary by coercion, on behalf of the political power of the people. The State thus becomes an instrument of coercive force.Fundamental institution of a political system is the rule of law, because its action is materialized through the basics of organization and leadership of the company. In the contemporary era the rule of law is an essential element of the political power in different countries and constitutes a basic factor of the general progress of flowering and prosperity of nations.

SOME CONSIDERATIONS ON THE HISTORY OF ROMANITY, ORIGINALITY AND UNITY OF ROMANIAN LAW IN THE HOMAGE YEAR OF UNITY OF FAITH AND GENTILE, COMMEMORATIVE YEAR OF THE MAKERS OF THE GREAT UNION OF 1918

Author(s): Valentin Stelian Bădescu / Language(s): English Issue: XII/2018

Now that the contemporary world is experiencing many paradoxes, among which the overregulation, in contrast to the claims about the primacy of human rights and freedoms as supreme values, excess regulation leads to the so-called tyranny of law, because excessive regulation must be assimilated within the ample law enforcement process. In this context, if we ask ourselves what today's Romanian law is facing, we could say that the right of a nation is the first sign of its identity. We must therefore take great care of our right. Let us represent us well and not lose ourselves in the amazement, the confusion of today, of our lives. The problem of law is even tougher today, in the process of globalization, when the right as national languages are endangered and many of them struggle to survive. How? Keeping in mind the correctness, the history of Romanity, the originality and unity of Romanian law. And those factors that can do this are, traditionally speaking, family, school, society and, more recently, education. These are the institutions that can cultivate and protect the right of certain sequelae. A new element, namely the street, appeared in this equation.The street sometimes plays a very important role in the way people "learn" to talk about justice, justice and justice!

MECHANISMS OF CHANGE RESISTANCE IN CORPORATE GOVERNANCE LEGISLATION

Author(s): Emil Sorin Bucur / Language(s): English Issue: XII/2018

The legislation on corporate governance has been implemented as a result of the acceptance of the obligation of compliance by the Government of Romania and not as an internal emulation, not as a conscious necessity. In this context, Emergency Ordinance 109/2011 on Corporate Governance of Public Enterprises and Subsequent Regulations were a product of tensions between innovative ideas contained in the Corporate Governance Principles stated by the Organization for Economic Cooperation and Development and the old mentality, methods and practices which were used in the management of enterprises in which the state or territorial administrative units had holdings and were in a control position. Starting from the hypothesis of resistance to change, a synthetic examination of the entities and mechanisms was made by which the conception to be removed succeeded in perpetuating its existence.Information needed to know the entities involved and to understand the role they play in applying corporate governance legislation such as tutelage public authorities, corporate governance structures, nomination and remuneration committees, selection boards, and independent experts have been presented. Subsequently I have described the mechanism by which the tutelary public authority preserves its dominant position and imposes its conception on the development and orientation of the action of the public enterprise by exploiting the advantage given by the elaboration and use as reference of the letter of expectation or by the revocation of the members of the administrative or management bodies, without payment of damages, in the event of failure to complete negotiations on performance indicators corresponding to the objectives of the letter of expectation. The paper also describes a punctual situation in the selection process that allows a candidate to be rejected by interpreting the information provided in the application file as inappropriate in contradiction with accepting a candidate by considering the information in the file as inconclusive, but which can be clarified by completing with other data. The analysis was completed by highlighting the complexity of the process of selection of the members of the management and administration bodies and the accentuation of certain factors that may alter the result of the selection. The conclusion drawn from the analysis of the articles in the relevant legislation leads to the need to thoroughly analyze corporate governance legislation and its subsequent regulations with a view to updating, increasing its consistency, simplifying and clarifying it.

LAW OF ADMINISTRATIVE LITIGATION IN LIGHT OF THE CHANGERS ADDRESSED BY LAW NO. 212/2018

Author(s): Cristian Drăghici,Andreea Teodora Al-Floarei / Language(s): English Issue: XII/2018

Modifying and adapting the law of administrative litigation to the current national legislation was a desideratum that the legislator finally managed to achieve.The new law includes measures aimed at reducing the high average duration of administrative litigation and facilitating access to specialized courts in this field, as well as a review of procedural rules on administrative contracts.

‘CONVERTING’ DIFC JUDGMENTS INTO ARBITRAL AWARDS: PRACTICE DIRECTION No. 2 OF 2015 AND ITS CONTROVERSIES

Author(s): Miljana Todorović / Language(s): English Issue: 1/2021

This paper examines the DIFC Practice Direction No.2 of 2015, which provides a possibility of judgment conversion into an arbitral award. In certain cases, this mechanism allows a judgment to become the basis of an arbitral award if parties agree to refer a 'judgment payment dispute' to arbitration. As a result, it would be possible to enforce an award rendered in this procedure under the New York Convention. In the beginning, a short overview is given of the organisation of the DIFC Courts and the Arbitration Center, their main features, and the enforcement of the DIFC judgments and arbitral awards abroad. Following is a detailed interpretation of Practice Direction No.2, the suggested arbitration clause and the referral criteria, their evolution, and the drafter's intention hidden in its wording. The last part deals with controversies in the use and the effect of Practice Direction No. 2, especially the negative effect of the elimination of the review of a judgment, the possibility of the arbitral tribunal to rehear the dispute, and the risk of double recovery. Notwithstanding the feasibility of the application of the New York Convention to enforce an arbitral award resulting from the use of the arbitral clause recommended in Practice Direction No. 2, the use of this mechanism would have an eliminating effect on the review of due process and public policy, which would normally be performed in a court exequatur.

Dosarul electronic național. Principii și consecințe juridice

Author(s): Mircea Ursuța / Language(s): Romanian Issue: 12/2021

This paper presents the author’s vision on the legal consequences of the implementation of a concept, the National Electronic File, which involves the electronic visualisation of the documents existing in a file pending before a court of law and the possibility of electronic communication of the procedural documents both from the litigant to the court and vice versa, from the court of law to the litigant.Starting from some principles, such as the facultative nature for the citizen and the mandatory nature for the public institutions to use this electronic mechanism, and taking into account regulations from the comparative law, the main directions for amending the codes of procedure are presented, in order to achieve a simpler, friendlier and, last but not least, more efficient justice.

Šta je tranziciona pravda?

Author(s): Mark Freeman / Language(s): Serbian Issue: 1/2007

Jogtörténeti mélyfúrások az egykori román Securitate aktáiban 1.

Author(s): Emőd Veress / Language(s): Hungarian Issue: 1/2023

The paper, which is the first in a planned series of articles, presents the initial findings of archival research conducted in declassified documents of the former Romanian State Security Department (the dreaded Securitate). In the context of his own family history, the author presents the contents of some of the documents produced during the secret service harassment and covert surveillance of Dániel Veress, a Transylvanian Hungarian writer and literary historian who was subjected to the political repression of the Soviet-style dictatorship in Romania. By describing the atmosphere of the period under examination and the state of privation of basic rights from a legal-historical perspective, the article illustrates not only the deeply disturbing nature of the abuses that still persist through their effects to this day but also the routine violations of fundamental human rights by the authoritarian police state.

ASSESSING THE IMPACT OF CIVIL SOCIETY ON ALBANIA’S EU MEMBERSHIP PROGRESS: A 2023 PERSPECTIVE

Author(s): Reci Mirjam / Language(s): English Issue: 4/2024

This paper explores the pivotal role of non-state actors in Albania's European integration process, focusing on Albania as a candidate for EU membership. The aim is to assess how various non-state actors in Albania, including civil society organizations (CSOs), think tanks, businesses, and grassroots movements, have influenced and can further influence the country's path towards EU integration. Key findings emphasize the importance of transparency, accountability, and fairness in fostering trust among CSOs, politicians, and stakeholders. The study highlights the necessity for enhanced collaboration between local and central governments, institutions, and CSOs to streamline the integration process. Creating an inclusive environment where diverse voices are considered is identified as a crucial factor for successful collaboration. The paper also stresses the importance of regular information exchange and consultation between governments and CSOs. Sustainable and transparent financing mechanisms are deemed essential for CSOs' effectiveness, with recommendations for dedicated funds and improved financial transparency. Capacity-building support is acknowledged as vital for CSOs' continued positive impact on Albania's EU accession. The thesis advocates for investment in training and specialized courses to enhance CSOs' capabilities