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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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15.00 €

Perspektywa praw ofiar w prawie międzynarodowym

Author(s): Tomasz Lachowski / Language(s): Polish

This monograph aims at demonstrating that on the grounds of the international law there are three fundamental rights held by the victims of serious breaches in the transitional period - the right to justice, to the truth and to compensation – rooted in the international human rights law, international humanitarian law and international criminal law.

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Justice globale et Justice transitionnelle

Author(s): Julien Rajaoson / Language(s): French

From the end of the Middle Ages, the philosophy of international relations was dominated by three currents: realism, the law of the people and the criticism of the law of the people. These different approaches are opposed in the way of thinking human nature, legal rules and interstate relations. In order to understand how Rawls' political liberalism views the issue of extreme poverty in the world, let us return to the 1993 Law of the People. There is a conception of global justice that leads to the peaceful coexistence of nations. However, the goal of this research will be to go beyond this approach, because we will see later how perpetual peace is only a prerequisite for a just world. It will be necessary to reach a genuine Kantian ethics of duty, which should be able to respond to global inequalities by justifying the idea of ​​a global redistribution. What we have to question about Rawls is how his conception of duty evolves: to remedy social inequalities in his Theory of Justice of 1971, he takes as a starting point the duty of justice that citizens have with respect to others.

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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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Istraživanje: jačanje strategije regionalne suradnje u rješavanju problema nestalih osoba

Author(s): Maja Dubljević,Edin Ramulić,Višnja Šijačić,Njomza Haxhibeqiri / Language(s): English,Croatian

Nestanci osoba uključuju različita kršenja ljudskih prava; kršenje prava na sigurnost i slobodu, dostojanstvo osobe, prava na život, prava na zaštitu od nasilja ali i mnoga druga, te je zato temeljno polazište u rješavanju pitanja zatočenih i nestalih osoba pravo svakog pojedinca na život, nepovredljivost njegove slobode i zabrane zlostavljanja te pravo obitelji da saznaju istinu o sudbini svojih najbližih. Problematika vezana uz pronalaženje nestalih osoba dio je implementacije procesa tranzicijske pravde. Pritom, moramo imati na umu da se u zemljama nastalim raspadom bivše Jugoslavije, tranzicija odvijala, i još se odvija, na dva kolosijeka: 1) tranzicija iz ratnog društva u mirnodopsko društvo, posebno u pogledu standarda pravde i prihvaćanja međunarodnih kriterija za odgovornost u oružanim sukobima; 2) tranzicija iz jednostranačkog društva u pluralističko društvo tzv. zapadne demokracije.

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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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Banking Law in the 21st Century

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

This volume includes some of the scientific papers submitted at the 14th historical edition of the International Conference "Contemporary Approaches in Banking and Financial Law" that was held on 15 April, 2021 online on Zoom. The conference is organized every year by the European Association of Banking and Financial Law-Romania together with the Society of Juridicial and Administrative Sciences. More information about the conference can be found on the official website: www.bankingandfinanciallaw.adjuris.ro. The scientific studies included in this volume are grouped into edi-tor's note with presentation of keynote speakers panel remarks and two chapters: Exercise of banking activity, operations and contracts and Activity, organization and functioning of credit institutions. Financial law topics. This volume is aimed at practitioners, researchers, students and PhD candidates in banking law, who are interested in recent developments and prospects for development in this field at international and national level.

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Challenges of Law in Business and Finance

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

These conference proceedings constitute a selection of the best papers submitted to the 13th International Scientific Conference "Law in Business of Selected Member States of the European Union" which was organized by the Department of Business and European Law, Faculty of International Relations, Prague University of Economics and Business, Czech Republic. The conference was held in the University´s premises on 4 and 5 November 2021 and welcomed speakers and participants from both Europe (United Kingdom, Denmark, France, Ireland, Belgium, Lithuania, Sweden, Poland, Slovakia, and the Czech Republic) and overseas (Saudi Arabia, Turkey, and South Korea). Given the ongoing Covid-19 related travel restrictions the conference was held in a hybrid format, being streamed online for those who could not join the conference venue in person. Unlike the conference events held in the past years, this conference has grown much more international. The papers were submitted and presented in English. All the papers included in this volume passed a rigorous double-blind peer review successfully and were checked for their originality using the iThenticate software kindly provided by the University. The participants´ papers were presented in specialized sections which correspond to the subheadings of the present volume: 1. Section: Banking, Finance, and Insurance Law; 2. Section: Competition Law; 3. Section: Insolvency Law; 4. Section: European and International Legal Aspects of Doing Business; 5. Section: IT Law; 6. Section: Interference of Business and Constitutional Law. The conference has been supported by the Internal Grant Agency Project No. F2/74/2021 “Law in Business of Selected Member States of the European Union (13th annual conference)” of the Prague University of Economics and Business.

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Członkowie rodziny jako ofiary poważnych naruszeń praw człowieka. Studium z zakresu prawa międzynarodowego praw człowieka oraz międzynarodowego prawa karnego

Author(s): Małgorzata Myl / Language(s): Polish

Nowadays, the international community is facing many serious challenges such as human rights violations and an increasing number of armed conflicts. The number of victims of these violations is enormous and is still growing. The scale of these problems forces us to reflect on the role of international law and the tasks of the international community. One of the biggest challenges for international law is, on the one hand, prevention of international crimes and serious violations of international human rights law, and, on the other hand, protection of victims of these violations. The international community should endeavor to minimize damage and trauma caused by breaking international law and to provide justice for the victims. The main research problem is to reconstruct the standard of protection for family members of victims of serious violations of human rights under international human rights law and international criminal law.

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Administrative Corpus Juris between Implementation, Reforms and Continuous Developments. Contributions to the 5th International Conference „Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective”, May 27, 2022, Bucharest

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

This volume contains the scientific papers presented at the 5th International Conference “Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective” that was held on 27 May 2022 online on Zoom. The conference is organized every year by the Society of Juridical and Administrative Sciences together with the Faculty of Law of the Bucharest University of Economic Studies. More information about the conference can be found on the official website: www.alpaconference.ro. The scientific studies included in this volume are grouped into two chapters: I. Real and virtual meeting points for contemporary approaches to the study and practice of administrative law, and II. A rehearsal of some topics of interdisciplinary approaches in administrative sciences. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of administrative law and public administration at international and national level.

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Ratni zločin na Kazanima – presude

Author(s): Ljubinka Petrović-Ziemer / Language(s): Bosnian

The Kazani case has been known to the Sarajevo public since 1993, when the independent magazine Dani wrote about the murders of the non-Bosniak population near Sarajevo. The number of people killed at Kazani pit has never been officially determined, and twenty years later is the subject of frequent debates. The key date on the issue of this war crime is October 26, 1993, when the Presidency of Bosnia and Herzegovina, the Ministry of Internal Affairs (MUP) and the Army of the Republic of Bosnia and Herzegovina (ARBIH) organized the operation “Trebević”, with the aim of dealing with “criminals within their own ranks”, against the commander 10th Mountain Brigade Mušan Topalović Caco and the commander of the 9th Motorized Brigade Ramiz Delalić Ćelo. Topalović and his men killed nine MUP members during the arrest, and Topalović himself was dead a few hours after the arrest. The official version says: “killed while trying to escape”.

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Ratni zločin na Kazanima – presude (2020)

Author(s): Ljubinka Petrović-Ziemer / Language(s): Bosnian

The Kazani case has been known to the Sarajevo public since 1993, when the independent magazine Dani wrote about the murders of the non-Bosniak population near Sarajevo. The number of people killed at Kazani pit has never been officially determined, and twenty years later is the subject of frequent debates. The key date on the issue of this war crime is October 26, 1993, when the Presidency of Bosnia and Herzegovina, the Ministry of Internal Affairs (MUP) and the Army of the Republic of Bosnia and Herzegovina (ARBIH) organized the operation “Trebević”, with the aim of dealing with “criminals within their own ranks”, against the commander 10th Mountain Brigade Mušan Topalović Caco and the commander of the 9th Motorized Brigade Ramiz Delalić Ćelo. Topalović and his men killed nine MUP members during the arrest, and Topalović himself was dead a few hours after the arrest. The official version says: “killed while trying to escape”.

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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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