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.
The aim of his study was to present the research conducted by the authors of comparative judgments of the District Court of the Chamber of Physicians of Medicine in Poznan and the decisions taken in criminal proceedings (2010-2013).
More...
This article tells the unvarnished truth about Macedonia's Special Prosecutor, based on recent opinion polls and facts, revealing a politically controlled creation of Western policy-makers to exact regime change.
More...
The analysis presented in the article argues that procedural justice in EU law should be perceived as intricately linked to a court which in turn must be seen through the institutional and procedural prism. This determines the court’s position in the system of legal protection, qualities and duties of judges. The latter puts emphasis on procedure which is understood as a unique combination of procedural features and principles. There is no universally good procedure, just as there are no universal components of a court. This is context – and system – sensitive. It is important to bear in mind that today we deal with a fundamental shift from independence and impartiality as classic attributes of judicial office to second and third generation duties that make up and differentiate judges from other officers and administrative adjudicators leading up to novel „right to a good judge”.Being „good” goes beyond independence/impartiality and encompasses new judicial qualities. Finally, procedural justice in EU law should be seen as a function of dynamism and ever-changing nature of EU law itself. We should concern ourselves not only with the boat(„judge” and “procedure”) but first and foremost with the journey itself that is “procedural justice in action”.
More...
Profits from real estate investments in a Romanian city then sent back to Italy to finance mafia activities, reports say.
More...
The Labor Code regulates only the disciplinary liability of employees, but thelegislator also introduces forms of disciplinary liability for all categories of personswho carry out their activity on the basis of legal relations of employment, regardless oftheir nature, as well as forms of responsibility for those who carry out legalrelationships based on liberal professions. In the latter case, falls the disciplinaryliability of the bailiffs, this being expressly regulated by the provisions of Law no.188/2000. The situation of bailiffs is thus specifically regulated, given that there aredisciplinary misconduct in the course of their activity and their status is different fromthat of the employees.
More...
The World Health Organization's studies have shown that nowadays over one billion people worldwide face disabilities. Physical education and sports play a particularly important role in the proper integration of this category of people into society. The present study aims to highlight, at the institutional level, the system of physical education and sports for persons with disabilities in Romania and Turkey. In order to accomplish this scientific approach, we have used the historical method by which we made an insight in the international and national legislation regulating the field, we conducted a comparative study of the system of physical education and sports for people with disabilities, and we underlined the measures taken in Romania and Turkey. By highlighting the strengths and weaknesses of the physical education and sports system for people with disabilities in Romania and Turkey, we aim to outline an ideal framework of the field, which in the future can be implemented in a concrete manner in each of the two countries, and, why not, maybe even globally. Moreover, through this scientific approach, we want to encourage the collaboration between institutions, competent bodies in the field of physical education and sport for persons with disabilities, such as academic collaboration in this field between Romania and Turkey.
More...
The material scope of arbitration in administrative matters has recently been considerably enlarged, especially in regards to the administrative act. It was recognized that the Arbitral Tribunal has the power to appreciate the legality of an administrative act. Traditionally, the legality of administrative acts was reserved for state courts. However, the legal incongruity was notorious. Article 180 (1) (c) of the Code of Procedure of the Administrative Courts (CPTA), 2002, provided that arbitral tribunals could enounce "matters relating to administrative acts that could be revoked without grounds for invalidity". We could diagnose two types of legal failures. First, within Administrative Law, it was incomprehensibly admissible to arbitrate the legality of administrative acts pertaining to the contractual sphere and exclude all others from the control of arbitration law. The other flaw suffered by the regime of arbitrability of administrative acts related to the possibility of arbitrability of tax acts and the imposition of strong limitations on the control of the legality of administrative acts in Administrative Law. The revision of the CPTA in 2015 implied a change in the legislative paradigm in the matter of administrative arbitration, providing for the possibility by the arbitral tribunals of assessing the legality of the administrative act, thus putting an end to a doctrinal dispute about the admissibility of the same. However, a literal interpretation of the precept would lead us to subsume within the jurisdiction of the arbitral tribunals the assessment of the legality of any administrative act. Considering the legislative scope of the legal prediction enunciated, the present work will have as its objective to answer three key questions. The first is to assess to what extent the arbitral tribunals may rule on the merit and legality of the administrative act. The second is to determine whether all administrative acts are arbitrable. The third concerns the search for a criterion of arbitrability of the administrative act, especially in matters related to legality.
More...
The article examines the activity of the advocacy as a non-governmental, self-governing institute, the peculiarities of providing services of a representative nature, and the protection of individuals and legal entities. It is proved that due to the specifics of the activity, lawyers must adhere to certain rules of lawyer's ethics, which can be considered as one of the main professional duties. The domestic and foreign legislation regulating advocacy is analyzed, and the principles of lawyer's ethics, the main works of scientists dealing with ethics of the advocate are researched. The proposals on amendments and additions to the current legislation regulating advocacy activity are provided. The paper also focuses on the issue of liability for violation of lawyer's ethics.It is proved that in the conditions of Ukraine's desire to become a full member of the European Union, it is necessary to strive for the approximation of domestic legislation to the legislation of the European UnionIt is worthwhile to make changes to the current legislation, based on the fact that the term "client" used to designate one of the subjects of the legal relationship is not very sonorous, is widely used in other relationships (in a completely different sense) and does not meet the norms ethics.
More...
The material published contains information about the application of the contravention sanctions by the court - the arrest, as an exceptional punishment. The proposed study reveals the definition, particularities and conditions of the arrest application in terms of the principle of freedom, expressed both in national and international norms. At the same time, the cases and categories of persons are highlighted to whom the contravention arrest cannot be applied, as well as the exception of unconstitutionality for some causes. An important part of the work is the procedure and the conditions set by the legislator for the execution of the arrest sanction, as well as the national statistics on the number of the contraveners for whom the arrest was applied.
More...
What is the role of the European Union (EU) in the Arctic region? On what basis does it claim influence and/or authority (if any) over part of this vast area of the world? What can we learn about EU Arctic policy, tools and instruments adopted so far? Is the EU a normative foreign policy actor as described by Tocci´s theory? What factors do influence the adoption and validity of EU policies in this region? This study tries to reply to all these questions casting a light over an area of great geostrategic importance and at the crossroads of historic developments. In a first part we study the current EU Arctic policy and assess its strength and weaknesses according to literature. In a second part we summarize Tocci´s theory on kinds of normative policy actors and examine what kind of power is the EU exercising in the region.
More...
The features of legislation concerning taxation of cryptocurrency in different countries of Europe are analyzed in this article. The author uses the anthroposociocultural approach as the basis for the study of the problem. From the point of view of anthroposociocultural approach, the necessity of proper legal regulation of taxation of cryptocurrencies has been determined to ensure the realization of the human right to taxes. The legal regulation of taxation of cryptocurrency at the European level is analyzed. The author notices that there is still no unified approach to defining what cryptocurrencies are, and how countries can develop a common policy for taxing them. This is due partly to the anonymity of users, and partly to the ambition of virtual currencies to circumvent traditional financial institutions. The author specifies what taxes can cryptocurrencies be taxed by (tax on income, capital gains tax), analyzes European approaches to solving the problem of taxation of cryptocurrencies. The author notes that Eastern Europe states have more simple and attractive tax rates. The author of the article analyzes the European judicial practice in the field of taxation of IT activities, in particular cryptocurrencies, focuses on the practice of the European Court of Justice.
More...
The article is devoted to the disclosure of the current problems and tendencies of integration processes in the forensic examination. Forensic examination is essentially focused on the use of the achievements of various branches of scientific knowledge in the legal process, and therefore its very nature has an integrational character. Comprehensive forensic expert studies are the most complex forms of integration of specialized knowledge with the involvement of relevant specialists.In the conditions of the criminal activity of new and especially dangerous forms, on the one hand, and the reform of the criminal justice bodies, the adaptation of Ukrainian legislation to the European one, on the other, the issue of ensuring Ukraine's justice with independent, qualified and focused on using the latest advances in science and technology forensic examination.Under present conditions, forensic examination is becoming increasingly demanded during pre-trial investigation and judicial review of criminal proceedings, judicial review of cases in other types of proceedings. In this aspect, one of the most important tasks is to determine the nature of complex forensic research and to develop their theoretical and methodological principles.
More...
The purpose of the research under studies is to reveal the peculiarities of the language policy of Interwar Poland regarding the Ukrainian-speaking population of Eastern Galicia between the two World Wars, as well as to determine the attitude of the Ukrainian Greek Catholic Church (UGCC) to this issue.The Ukrainian Greek-Catholic clergy has always struggled for its right to keep church records and to issue metric books in Ukrainian. It also upheld the natural persons’ right to have their names and surnames transcribed in compliance with the national tradition, in other words, according to the Ukrainian spelling rules. The above attempts and efforts led to the fact that some Greek-Catholic priests were brought to criminal liability.Based on the analysis of certain normative-legal acts, archive sources and specialized literature, the article under discussion investigates the legislation and judiciary of the Second Polish Republic in the field of language legal relationship. In particular, it carries out a profound analysis of public-legal disputes between the bodies of legislative power on the one hand, and the Greek-Catholic clergy – on the other. The conflict of interests lay in the fact that Polish executive bodies of state power intended to make Greek-Catholic ministers keep parish registers in the Polish language (or Latin), but not in Ukrainian. The Greek-Catholic priests regarded themselves not subject to the jurisdiction of the secular authorities and, consequently, ignored those requirements, which, eventually, resulted in a number of trials. Besides, the article under studies presents the legal position of the prosecutor's office of the Second Polish Republic and that of the Greek-Catholic priests (together with their lawyers) in the above legal conflict.
More...
The International Criminal Court is an embryo of international criminal jurisdiction for certain serious facts and under certain conditions. The court is in a continuous process of improvement. It is a relatively new institution in international law, differentiated from those of the same type created ad-hoc for certain countries and deeds committed during a designated period. Therefore, the study of all the problems that this institution raises in the context of contemporary international law and in the relationship with the criminal law of the states represents a challenge for any researcher. The court was created as a result of spectacular developments in terms of realities and criminal law. In terms of realities, mankind was confronted with serious crimes targeting entire human groups, on ethnic grounds, with horrors that have not been known since World War II in the last decade of the 20th century. In the field of international criminal law, the establishment of ad hoc International Courts for the trial of crimes committed in the former Yugoslavia and Rwanda and the efforts to establish courts in Cambodia and Sierra Leone, led to the conception of the need to create a permanent and universal body to ensure the prosecution and punishment of acts of this nature, without forgetting its preventive role through its very existence.
More...
Starting from the quasi-general expression of International Rule of Law, we note that the emergence and diversification of international jurisdictions contributes to increasing the role of international law in the contemporary international community, as well as to maintaining the international legal order. We agree with the doctrines that international justice made up of the jurisdictional and arbitral courts is an important way of applying the norms of international law, of influencing the development of international law and of strengthening the international public order. According to art. 33 paragraph 1 of the UN Charter, the judicial means of dispute resolution represent arbitration and the judicial path, together with negotiations, mediation, conciliation, investigation or recourse to regional organizations or agreements. Analyzed from the terminological perspective, the expression "international jurisdiction" means a set of arbitration or judicial bodies established by the agreement between states or other subjects of international law, in order to resolve any international differences. The role of international courts is, among others: to resolve international disputes, to interpret international law, to apply existing international law, to identify existing international law and new customary norms, to influence the process of creating international law, to carry out the function of international law for the ordering of international relations.The process of establishing the common will of the states, expressed in the principles and norms of international law, is an arduous, difficult one, in which the most contradictory interests of the participating states are often confronted. The fundamental principles of contemporary international law that must govern the relations between all the states are called to constitute the substance of international relations, an essential component of an international, political and economic order. Their strict respecting is the sine qua non condition of world peace and security, the democratization of international relations. Against this background and in the current international context, when the political-military events have multiplied with unpredictable and dangerous effects for the world security, a special importance in their peaceful resolution as a legal institution of international law, is negotiated as the main means of settlement of international disputes.
More...
The legal predicament of today in Europe and beyond takes the form of a devaluation of the meaning of legality, constitutionality and, of the rule of law. What we are dealing with is yet another crisis of both the tradition of the Rechtsstaat in continental setting and, more broadly, of liberal legality. While this disruption within the sphere of the law seems to mirror the reshuffling in established politics that took place over the last twenty years, it traces back to central jurisprudential questions that have made the substance of crucial debates during the interwar and have fashioned both the field of constitutional theory of the continent and our jurisprudential apparatus for approaching the nexus between law and politics. In this article I argue that the apparent uchronia that the current status of the law opens in relation to past theoretical questions that were seeking to ground legality, is neither a simple by-product of a Zeigeist oversaturated by appeals to procedural democracy or for returns to sovereign power, nor a mere regression to past juridico-political settings. It is a historical development that has been dormant for the past decades, yet has slowly undermined legal thought and praxis. Revisiting, as a matter of historical and jurisprudential inquiry, the context and the content of this original opposition between liberal legality and its enemy, is a way of understanding what constructs our own contemporary situation.
More...
The establishment of Communism in Romania meant not only the violent pursuit of the political will of the "proletariat" but also the constitution of a constitutional architecture to maintain and develop the new social order. The state became the essential instrument of communist political action, having the "historical" mission to transform capitalist society into a communist one, to eliminate the "old ruling class" (capitalist, bourgeois, political, legal and security institutions national or education and culture, etc.). This "revolutionary" action meant the destruction of the Romanian political, economic and cultural elites that had crystallized in the period between the two world wars. On this virgin site, cleansed of "the tares of the bourgeois classes and of her servants," she was preparing to establish and sow a new dominant class, "truly democratic, with country love". The new political class came from workers and peasants, authentic representatives of "the people." In this social reconstruction a special role was played by the new reformed state, renewed in its ideological foundations and whose alveoli were populated with new representatives of the popular population. The reform of the state and the communist society concerned the structure and functions of the state, administrative, judicial, law enforcement, national security (military, information services) and the construction of complicated institutions with economic and social functions. This institutional transformation was oriented both to the structures of the state bodies and to the policy of "cadres", to select and fix new leaders and bureaucrats in the structures of power. The new societal leadership was found in the structure of organizations whose efficiency was determined by the quality of those selected to occupy the various functions of power.
More...
The reasoning of the judicial decisions represents a guarantee for justice seekers that their requests have been efficiently analyzed, while the inexistence of reasoning or excessively succinct or apparent reasoning does not meet the requirements of the right to a fair trial.Quality motivation is the premise of a quality justice act and a guarantee of increasing public confidence in the judiciary.
More...
The paper analyses changes that have been implemented to the Polish civil procedure regulations. The text focuses on the new version of article 386 § 5 Polish Civil Procedure Code, as it overturns a well-established principle that if a judgment was set aside and a case was referred back for reconsideration, the case was heard by a different panel. According to the new version of the provision if a judgment is set aside and a case is referred back for reconsideration, the case is heard and determined by the same formation of judges, unless this is not possible or would cause undue delay in the proceedings. This current state of regulations can cause discouragement both on the part of the parties and on the part of the judge. It may have a very negative effect on the society as it may lead to the decline of the trust into courts. The author suggests changes in the law.
More...
O problemă importantă a dreptului urbanismului cu care s-a confruntat în ultimii ani jurisprudența noastră, a fost aceea de a stabili natura juridică a documentațiilor de urbanism (planul urbanistic general – PUG, planul urbanistic zonal – PUZ și planul urbanistic de detaliu – PUD). Sunt ele acte normative sau dimpotrivă, au un caracter individual? Importanța practică a chestiunii este vizibilă din două puncte de vedere: pe de o parte, potrivit regulilor contenciosului administrativ, actele normative pot fi atacate oricând în justiție, fără o limită în timp, în vreme ce pentru actele individuale este instituit un termen de prescripție de șase luni. Pe de altă parte, doar în cazul actelor individuale este obligatorie chemarea în judecată, alături de organul emitent, și a beneficiarului actului, sub sancțiunea respingerii cererii ca inadmisibilă.În prezentul studiu am ajuns la concluzia că cele trei tipuri distincte de documentații de urbanism au, în mod necesar, una și aceeași natură juridică: sunt acte administrative normative. Am pornit analiza acestei situații de la criteriul de distincție dintre cele două categorii fundamentale de acte administrative: este vorba despre un criteriu calitativ – determinabilitatea destinatarilor actului, iar nu despre unul cantitativ – numărul acestor destinatari. Documentațiile de urbanism sunt acte normative pentru că toate au destinatari determinabili – orice persoană care dorește să construiască pe suprafața reglementată de actul în cauză. În plus, documentațiile de urbanism întrunesc toate criteriile necesare pentru considerarea lor ca fiind acte normative, criterii propuse acum mai bine de un secol de unul dintre părinții dreptului administrativ francez – Gaston Jèze: ele creează o situație juridică generală, permanentă și la care nu se poate renunța. În plus, doar identitatea de natură juridică poate justifica posibilitatea ca cele trei tipuri de documentații de urbanism să se poată modifica sau abroga unele prin altele.
More...
