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Alternativni modeli pravde – prakse pravde u zajednici

Author(s): / Language(s): Serbian

Mala čitanka za feministički diskusioni kružok „Alternativni modeli pravde – prakse pravde u zajednici” je napravljena radi vidljivosti nekih neinstitucionalnih pravnih praksi, kao i onih praksi koje su kreirale žene za žene. Iskustvo je pokazalo da institucionalni pravni sistem često nije na strani žrtava, da ne zadovoljava pravdu, niti na međunarodnom, a još ma nje na nacionalnom nivou. Zato ovim feminističkim diskusionim kružokom nastavljamo sa praksom upoznavanja sa međunarodnim iskustvima drugačijih modela pravde – narodni sudovi, inicijative aktivističkih organizacija, posebno ženske grupe i mreže. Istovremeno, cilj nam je da podstaknemo zajedničko stvaranja modela pravde u skladu sa potrebama žrtava/preživelih.

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Transitional Justice in Macedonia and its Relations with Democracy

Author(s): Elmina Kulasic / Language(s): English

This article focuses on the transitional process in a society which has experienced a violent conflict and needs adequate mechanisms to deal with the legacies of the past in order to prevent future violence and pave the way for reconciliation and democratic consolidation. The disintegration of the Socialist Federal Republic of Yugoslavia (Yugoslavia) and its legacy has left a number of newly emerged and independent democracies in the Western Balkan region to cope with grave violations of human rights. The bloodshed in Croatia and Serbia, and the genocide in Bosnia and Herzegovina lead to the establishment of the International Criminal Tribunal for the Former Yugoslavia (ICTY). The jurisdiction of ICTY was extended to Macedonia and the 2001 conflict; however, the Ohrid Framework Agreement (OFA) inclusion of an Amnesty Law raises a number of questions related to the process of reconciliation and transitional justice mechanisms. In The Republic of Macedonia (Macedonia), the need and importance to promote understanding, tolerance and peace for all within the country has been sidelined in the OFA because the main goal was to end the violence, accentuating peace over justice. As a result, OFA focus on political representation and ethnic power-sharing has neglected past grievances and atrocities which are of utmost importance in order for a society to move forward with its democratic consolidation.As such, this paper will look at the mechanisms of transitional justice and its relations with democracy. Its aim is to argue that a long-term approach steaming from the different mechanisms of transitional justice is imperative for democratic consolidation and stable inter-ethnic relations in Macedonia.

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Мястото и ролята на съдилищата в процеса на икономическа и информационна глобализация

Author(s): Rositsa Toncheva / Language(s): Bulgarian Publication Year: 0

The report will present the theoretical foundations of the concept of judicial reform and its practical application in various legal systems. Will be examined index „Rule of Law” as a measure of social and market conditions in various countries. The report will present leading practices in changing the paradigm of legal science and legal system. Based on the research will formulate possible steps to reform Bulgarian judicial system.

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Некоторые проблемы, стоящие на пути организации судебных экспертиз в Болгарии и России

Author(s): Eugenia Sukhareva / Language(s): Russian Publication Year: 0

In this report the author considers in the form of comparison types of forensic enquiry in Bulgaria and Russia and brings up a question of requirements imposed to experts and their qualification in two countries. Also commented such definitions as „private expertise” and responsibility of experts, analyzes controversial issues arising in the justice system. The author makes proposals and recommendations which could be applied by the organizations of expert activities and could satisfy requirement of society for fair justice.

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Принципът за равно третиране и недискриминационният критерий при възстановяването на разходи за трансгранично здравно обслужване

Author(s): Nadezhda Slavcheva / Language(s): Bulgarian Publication Year: 0

There are two EU legal acts regulating the cross-border healthcare – namely the social security Coordination Regulations and the Directive 2011/24/EU on the application of patients’ rights in cross-border healthcare. The principle of equal treatment and the non-discriminatory criterion on the ground of nationality along with the risk of reverse discrimination in respect of the non-mobile patients compared to the mobile ones are problems of major importance to European doctrine and jurisprudence and thus special attention is paid to them in this report.

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JURISPRUDENȚA - FACTOR DECISIV ÎN EVOLUȚIA LEGIFERĂRII

Author(s): Mihaela Aghenitei,Jafar Samdani / Language(s): Romanian Publication Year: 0

Jurisprudence appears as a feed-back of law enforcement, in practice, being at the same time a synthetic factor, over time, a basis for further lawmaking. There can not be a legislative proposal without adequate motivation to rely on the study of the statistics of the case management modalities in the field. On the one hand, we tend to disregard jurisprudence, as it does not have the force of law except incidental, and on the other hand we use it for legislative purposes, underlying its legislation. It is interesting to approach the encoding in a state at the intersection of the two major legal systems - Kuwait, with legal codes derived from the two legal systems, as the main source of the law and opting for the laws drawn by Western and Medieval traditions while influencing Islamic, tribal customs and colonial harmony, in which personal laws and Islamic attainment are very obvious, especially in commercial laws. Its civil code is based on the legal traditions of tribal regional customs and practices from previous years, and on the other hand, the code derives from the Egyptian code, which is based on French law and has its roots, motives, principles and philosophy of the Roman Code . It was practically developed on the Egyptian model (based on French civil law) for the new legislation.

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№06 Judiciary in Kosovo: Administration in Disarray

Author(s): Author Not Specified / Language(s): English

This report presents an overview of the state of the rule of law and the judiciary in Kosovo, divided into two parts. The first section gives an overview of the key challenges to the effective rule of law, with a focus governance of the judiciary. It delves into the structure and role of the monitoring bodies of courts and prosecution services, the state of judicial independence, and the mechanisms for transparency and accountability. It then moves onto practical issues, such as disciplinary procedures, structures to curb corruption and training and capacity building systems. The section finishes with an overview of the judicial integration of the north of Kosovo, the efforts to reduce the backlog and the Functional Review of the Rule of Law. Equally important, the second section addresses court administration and the performance of the administrative staff. It reviews the size and structure of the courts, the budget of the judicial sector, the effects of the wider education system on the judiciary, the status of the Administration, the existing rules for hiring and performance evaluation, and the decentralization process. The section closes with an analysis of the ongoing judicial digitalization.

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№07 A Decade after EULEX: A New Approach to Improve the Rule of Law in Kosovo

Author(s): Author Not Specified / Language(s): English

This report evaluates and identifies possible paths and areas for improvement for rule of law and judicial development under the EU’s planned flagship initiative and corresponding support mechanisms. The analysis and recommendations are based on an assessment of the current state of the rule of law and judicial institutions and of the progress and pitfalls of EULEX. As it prepares to fully dismantle, domestic institutions must prepare to take the driver’s seat, while collaborating early on with the EU to determine the implementation plan for new initiatives.

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Komunitetet Etnike në Kosovë në 2007 dhe 2008

Author(s): Author Not Specified / Language(s): Albanian,English,Serbian

Content: Security Issues, Employment, and Application of Law on the Use of Languages and Anti-discrimination Law in Kosovo; Return of Displaced Persons to Kosovo in 2007 and 2008; Kosovo Institutions Applying the Law on the Use of Languages; Application of Anti-discrimination Law and Law on the Use of Languages in Kosovo Public Companies; Implementation of the Law on the Use of Languages in the Kosovo Education Process.

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Situata e sigurisë në Mitrovicë/Mitrovica gjatë periudhës dhjetor 2008 - janar 2009 Raport i FDH — Kosovë)

Author(s): Author Not Specified / Language(s): Albanian,English,Serbian

Following the increase in the number of incidents in North Mitrovica/Mitrovicë which occurred at the end of December 2008, and throughout January 2009, HLC-Kosovo conducted research to systematically monitor the implementation of minority rights in practice, in particular the extent of the implementation of point 31 of article 58 (state responsibilities) of chapter III of the Kosovo constitution and points 3.2 and 3.52 of article 3 of the Law on the Protection and Promotion of the rights of Communities and their Members in Kosovo. The research also sought to identify the level of security in North Mitrovica/Mitrovicë, as well as the causes, consequences and impact that the incidents have had on the overall security situation and everyday life of citizens living in this region. For this purpose, HLC-Kosovo conducted 40 interviews with representatives of local municipal authorities, the judiciary, police, civil society and citizens of all ethnic backgrounds.

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THE EXPLOSIVE UKRAINIAN MIGRATION DUE TO THE RUSSIAN ARMED CONFLICT IN 2022: THE CASE OF BULGARIA

Author(s): Rossen Koroutchev / Language(s): English Issue: 1/2023

In this work, we have studied the evolution of the Ukrainian refugee crisis in Europe during the first several months after the beginning of the armed conflict on 24 February 2022. We have also talked about the influx of Ukrainians into Bulgaria, where there has reportedly been the biggest wave of refugees in recorded history. By using official statistics and structured interviews with Ukrainian refugees in Bulgaria, we have analyzed the specific evolution of the immigrants, their profile, and the governmental policies for better integration of them into the labor market and within the society. Our key arguments are mainly related to the fact that such policies must be successful for most Ukrainian immigrants and refugees due to the similarities between Ukraine and Bulgaria regarding traditions, education, and historical ties. Our conclusion confirms these arguments but also mentions several problems related to the low wages, the limited childcare, and the heavy bureaucracy.

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LEGAL REGIME OF PROPERTY OF LAND IN ROMAN PROVINCES

Author(s): Stoyan P. Ivanov / Language(s): English Issue: 2/2022

The paper considers the specific problem of the land property outside Italy in the Roman provinces during the period of the late Roman Republic and the early Principate. The author studies how the Roman government faced the new problems that the conquest created and what Rome actually did when first met the Hellenistic concepts of the land property in the conquered territories and how they were applied or modified according to the traditional Roman law principles and regulations. It is emphasized that the need to organize the territory and to define the property of the people who lived on that territory or the rights which they had to the land for a very first time occurred in Sicily which the Romans organized as the first Roman provincia. The article examines the organization of Sicily according to Lex Hieronica, it considers the exemptions and immunities of some cities from the general legal regime of the province, and studies the collection of public revenues and the payments for the taxes for the exploitation of the land – vectigal et vectigalia publica. Key notions and terms like possessio, dominium, mancipatio, vectigal, vectigalia, tributum, stipendium are cleared and special attention is paid to the correct use of the Latin legal terminology. Some of the most important fragments from the Institutes of Gaius about the provincial property are examined and is made a carefully study of his language and the legal aspects of his consideration of the rights that the individuals had over the provincial lands. The research presents in details the organization of other provinces in the late Roman Republic and the early Principate and deals with the richest Roman province – Asia, which brings huge revenues to the Roman budget. Central part of the study is dedicated to the legal regime of the provincial land and the author considers the main opinions on this topic in the recent Roman legal doctrine and translates and analyzes the relevant classical Latin texts in the sources and provides an important bibliography on the problem, he tries also to define the Roman concept for „provincial property“ which for sure was not identical with the dominium ex iure Quiritium in Italy.

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LOCAL SELF-GOVERNMENT, COMMUNITY, AND SOCIAL SERVICE DELIVERY IN KOSOVO

Author(s): Ferdi Kamberi,Zeqir Hashani / Language(s): English Issue: 2/2023

Community development is vital in networking and creating social capital. Local governments in Kosovo cooperate closely with their communities by offering public and social services, inclusivity, and social integration. This cooperation increases active citizenship, community development, social welfare, and local democracy. This paper aims to research and analyze the relationship between local governments and their communities, focusing on providing social services. The applied methodology included a quantitative survey of 300 respondents from three municipalities: Pristina, Fushe Kosove, and Obilic, targeting citizens aged 18 and above of both genders. The results show that local authorities in these municipalities offer community services and include their communities in policy-making and decision-making. While they also offer social services, community-based services should be restructured, and local authorities should pay more attention to empowering the community more comprehensively.

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METHODOLOGY FOR DEVELOPING A SECURITY ENVIRONMENT

Author(s): Oleh Borovyk,Dmytro Kupriienko,Artem Bratko,Anatolii Mysyk,Oleksandr Andrushko,Serhii Burbela / Language(s): English Issue: 3/2023

The research conducted in this article is a substantiation of the method for strategic management of the development of the Ukrainian border security environment. The essence of the method is to determine the phases for the current state and the projected period for particular sectors of the state border, depending on their inherent characteristics, further selecting the concept of border security on this basis, establishing the type of barriers and criteria for ensuring border security that are appropriate for use. Further application of the methodology involves conducting a SWOT analysis for particular sectors of the state border, which identifies the strengths and weaknesses of the internal environment, opportunities and threats inherent in the external environment, and the formation of possible strategies for ensuring border security in three variants of organizing activities (in the conditions of day-to-day activities, a complication of the situation and martial law). Based on the results of the analysis and the illustrative example, it can be concluded that the proposed method for strategic management of the development of Ukraine’s border security environment is one of the possible effective mechanisms in the activities of the subjects ensuring Ukraine’s border security.

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Патриотизъм, национализъм и настроения към ромския етнос в България

Author(s): Plamena Stoyanova / Language(s): Bulgarian Issue: 3/2023

The political changes after 1989 in Bulgaria and the country’s difficult economic transition, temporarily led to a decline in patriotic feelings among the Bulgarian people. With few exceptions, such as Bulgaria's triumphant performance at the 1994 World Cup, which led to unprecedented national pride, the idea of belonging and unity began to dissolve in the harsh and uncertain conditions of the transition from socialism to a market economy. This led to a deterioration of relations in Bulgarian society, a sharp revision of values, a decrease in tolerance, and the entering into everyday life of the so-called language of hatred. Political parties were created which, under the guise of patriotism, openly promoted more radical sentiments toward various types of minorities. An increase in domestic crime at the time proved to be a fertile ground for such rhetoric. The fact that from the beginning of the new millennium until now, some Bulgarians have been invariably supporting nationalist parties, shows that these political formations are an expression of permanently present sentiments in the Bulgarian society. The current text will focus on nationalist manifestations towards the second-largest ethnic minority in the country – the Roma. For this purpose, specific events will be examined and analysed, and an attempt will be made to provide answers to several questions such as: What is the role of the Bulgarian minorities in these nationalist attitudes? Is it possible to build an identity based on the rejection of the other, and what are the manifestations of this rejection? How do such manifestations of intolerance and confrontation reflect on the identity of the minority itself? Who benefits from this rhetoric, and what are its consequences for the Bulgarian society?

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Bilten - Kroz pristupanje ka pravdi 15

Author(s): Mihailo Pavlović / Language(s): Serbian

The new issue of the newsletter through ACCESS TO JUSTICE brings an author's text by Mihail Pavlović about another attempt by Serbia to legally regulate the provision of free legal aid. Free legal aid represents an obligation in the process of harmonization with the European Union regulations, but also an obligation towards socially vulnerable citizens who need it the most, among whom are a large number of victims of war crimes. The News column provides an overview of current affairs in the field of the implementation of transitional justice mechanisms and European integration of Serbia, while the War Crimes Trials column offers an overview of trials held and verdicts passed in the previous period.

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DENIED JUSTICE: Individuals Lost in a Legal Maze (ICG Balkans Report N° 86)

Author(s): Author Not Specified / Language(s): English

Thousands of people try to find their way daily through an immensely complicated labyrinth established by the three separate and very often conflicting legal systems in Bosnia and Herzegovina (BiH). Evidence presented in this report, the third in the ICG legal project series, proves that unexplained time delays, dubious application of law and blatant ethnic discrimination contribute greatly to the ad hoc nature of Bosnian justice. This report scrutinises six individual cases of ethnic and political discrimination. Recommendations are presented to counteract the violations committed by judges and prosecutors in these cases and to ensure that such violations are prevented in the future, through the strengthening of the concept of rule of law and of judicial and prosecutorial independence. Data on the cases contained herein was provided by ICG partner organisations based throughout Bosnia and Herzegovina. All are Bosnian NGOs providing, inter alia, free legal aid to Bosnian citizens.

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WAR CRIMINALS IN BOSNIA’S REPUBLIKA SRPSKA. Who are the People in your Neighbourhood? (ICG Balkans Report N° 103)

Author(s): Author Not Specified / Language(s): English

This report names individuals in eighteen Republika Srpska municipalities and the Brcko District who are alleged to have committed indictable acts or supervised those who did so, and are therefore potentially indictable for war crimes under the criteria established by the ICTY. Yet they continue to play a prominent role in their respective areas, and present significant barriers to the implementation of the Dayton Peace Accords. Senior international officials know about them. Many meet frequently with international officials and representatives of SFOR. The influence of potential war criminals at the municipal and entity level is an open secret among international officials. The issue is often avoided, since it exposes contradictions between the international community’s commitment to justice and the rule of law, on the one hand, and the temptations of political expediency, on the other. And yet the persistence of radical politics in eastern RS follows logically from the fact that the international community permitted the SDS of indicted war criminal Radovan Karadzic to participate in post-Dayton “democratic” elections. As one mayor in RS noted, “the SDS as a party protects war criminals because to do otherwise would call its entire concept into question.”1 More significantly, the failure to arrest Karadzic himself has sent a message to his wartime colleagues and political successors that they can obstruct return, actively work against Dayton implementation, exploit nationalist sentiments, and remain untouchable.

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FINDING THE BALANCE: The Scales of Justice in Kosovo (ICG Balkans Report N°134)

Author(s): Author Not Specified / Language(s): English

Under the Constitutional Framework, authority for the justice sector – with the exception of the administration of courts - is reserved to the Special Representative of the Secretary General (SRSG). However, this does not absolve UNMIK of the responsibility to involve Kosovo officials in planning the system. The Department of Justice is currently developing a transition strategy for the implementation of UNMIK’s benchmarks. ICG calls on the Department to include Kosovo officials in the development of this strategy. Moreover, Kosovo officials should be gradually introduced into policy and planning functions more generally, co-head positions should be established in the Department of Justice, and international staff dedicated solely to building the capacity of local officials should be seconded into the Department. Finding the Balance also examines the prosecution of sensitive offences such as war crimes and ethnically motivated violence. Despite the significant resources devoted to the documentation of war crimes, they have largely gone unpunished as has subsequent violence against Kosovo’s minorities.

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RETURN TO UNCERTAINTY. Kosovo’s internally Displaced Personsd and the Return Process (ICG Balkans Report N°139)

Author(s): Author Not Specified / Language(s): English

The right of internally displaced people (IDPs) and refugees to return to their homes in Kosovo is indisputable, and has become a top priority of the international community, and the United Nations Interim Administrative Mission in Kosovo (UNMIK). The late success of the returns process in Bosnia demonstrates that progress is not necessarily linear, and time must often pass before significant advances are made. The international community must be realistic in its expectations for Kosovo. While it is unclear how many IDPs will return, it is highly unlikely that large numbers of displaced will come back in the near future. However, all must be given the opportunity to exercise this right to return in safety and in dignity.

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