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Despite the spread of the common law system to many countries over the centuries, the Arab World had remained outside of its range, but this changed a few years ago with the creation of new financial hubs in the Gulf States. Those are based on common law jurisdiction, and this article examines common law functioning in United Arab Emirates free zones set up to attract foreign investments in the financial sector.
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W trakcie walki o niepodległość i tworzenia się państwowości amerykańskiej ścierały się dwie odmienne tendencje: jedną grupę stanowiła tendencja zachowawcza widoczna w The Federalist, szczególnie w pismach Johna Adamsa i Alexandra Hamiltona oraz w tekście późniejszej konstytucji USA, drugą była tendencja radykalna reprezentowana przez Thomasa Jeffersona i zwolenników demokratycznej myśli politycznej. Przez okres jedenastu lat dzielących ogłoszenie Deklaracji Niepodległości (1776) i zwołanie Konwencji Konstytucyjnej (1787) zachodziły gwałtowne zmiany w polityce Amerykańskiej. Głównym źródłem chaosu w amerykańskim systemie politycznym okazały się The Articles of Confederation (1781), będące ustawą o charakterze konstytucyjnym. Problem formy Konstytucji wiązał się z powszechnie podzielanym na Konwencji Konstytucyjnej poglądem, że należy stworzyć dzieło na tyle trwałe, aby zdolne było wytrzymać próbę czasu. W tym celu zredagowano dokument przejrzysty, i składający się z szeregu ogólnie określonych zasad, pozostawiając miejsce dla ewentualnych przyszłych interpretacji, łącznie z możliwością dokonywania poprawek. W ten sposób projekt Konstytucji Stanów Zjednoczonych Ameryki (1787) stał się kulminacją eksperymentu ustrojowego, mającego swe źródło w czasach Okresu Kolonialnego, trwającego podczas Rewolucji Amerykańskiej i prowadzącego do utworzenia ustroju państwowego unikalnego w skali nowożytnego świata.
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Journal of Social Policy talked to Sofija Spasovska about legislative and institutional support for housing through the social protection system.
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The text is a case study of the relationship between the initiation of activities defined in the Roma Government Integration Program as being aimed at increasing the participation of the Roma community in the social life of rural areas, and the real nature of relations between Roma and non-Roma. The article was devoted to the role of local government in implementing Roma integration strategies. We describe the situation of a Roma community belonging to the Bergitka Roma group. The main subject of analysis is the consequences of the “integration” measures taken by officials and local policymakers in contact with the inhabitants of the Roma settlement. From the perspective of local authorities, the current situation is defined as difficult. Its represen- tatives try to avoid on one hand accusations of discrimination against ethnic minority communities on one hand, and of favouring the Roma on the other. Balancing the expectations of both sides, local authorities use solutions known as “participatory actions”.
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Most people acquire citizenship at birth; and modern liberal states regulate the migration of non-citizens as a matter of their sovereignty. Do contemporary border and migration controls based on citizenship therefore enforce the continuation of feudal birth privilege? In this paper I interrogate this question by examining the role of migration controls in the Westphalian Treaties, which define a milestone in the development of territorial state sovereign. I find that the Treaties assumed that a sovereign’s subjects are not free to cross territorial borders, and that migration controls continue to enforce birth privilege. However, while feudal sovereigns ruled by bondage, modern liberal states rule by exclusion.
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Приказ/Review: проф. др Стеван Лилић у сарадњи са Катарином Голубовић, Европско управно право са освртом на управно право Србије у контексту европских интеграција, Правни факултет Универзитета у Београду, Центар за издаваштво и информисање, Београд, 2011. стр. 141
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Street art (covering all street art types including graffiti) is considered as one of expressions of urban life and; simultaneously, one of peculiar intellectual creations. For years, street art was not recognised as a type of art and was usually subject to public condemnation, but street artists were (and still are) subject to liability arising from vandalism (hooliganism) acts. However, attitude against street art and its different expressions has been changing in recent years becoming recognised and valued as a specific type of modern art. This shift has been influenced by visual attractiveness of different creations of street art mainly murals containing graffiti; commencement of commercialisation of street art including sale of murals embodying graffiti at auctions; and court disputes over protection of street art expressions. Street art including graffiti may be subject to legal protection, yet it depends on a particular jurisdiction. The aim of the present article is to consider possibility of protection of street art in Latvia from the perspective of authors’ law (i.e. copyright) law. This paper discusses specific issues in relation to street art for its protection within Latvian authors’ law such as authorship as street artists usually create street art expressions anonymously; the concept of work by discussing compliance with criteria put forward to a work under authors’ law; integrity of a work as street art expressions such as graffiti are usually murals involving a clash between property law and authors’ law; distinction of street art from pure vandalism; and necessity for specific rules addressing specific nature of street art. The paper provides conclusions for identifying proper place of street art within legal framework of Latvian authors’ law.
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Authors in the article present the conceptual concept of the normative solution of the dynamic purchasing system, through the question of the Bosnian public procurement law and the harmonization of the same with the law of the European Union. By working on the acquis communautaire of the European Union (EU) in the area of public procurement, and in particular Article 34 of Directive 2014/24 EU, which refers to thedynamic purchasing system, the authors propose the concept of a normative solution to the dynamic purchasing system, respecting the principles of electronic administration, the acquis communautaire EU.
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The objective of this paper is to present the role of the relationship between the location and financial performance of local government units. One of Poland’s largest voivodships, Wielkopolskie, was used as an example. Recent acceleration of suburbanisation processes not only results in socioeconomic changes in municipalities surrounding cities but also affects their financial performance. To attain the aforesaid objective, this study used variance analysis to investigate the significance of the differences in the financial ratios between the units analysed by location (measured as the distance of rural municipalities from district towns and from Poznań, the region’s capital). The research proved that the closer a municipality is to an urban centre, the greater its financial autonomy, liquidity and investments, yet at a higher level of debt. Also, the proximity to Poznań is a better determinant of the differences in financial performance than the location close to smaller urban centres.
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The Constitution provides that the Supreme Audit Office (NIK) is the primary state audit institution. The profoundness of its “primacy” still awaits to be discovered. Legal scholars have not yet examined the meaning and the possible consequences of this attribute thoroughly enough. In the article this gap is filled by arguing that “primacy” shall be understood as the constitutional mission of NIK to safeguard the lawfulness of auditing. In particular, it entitles NIK to intensify efforts to secure the coherent interpretation of law by all auditing institutions. More uniform understanding of legal provisions may contribute to the increase of the overall stability of law, as the pressure on the parliament to explain its ambiguous laws by numerous amendments would eventually ease.
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Citizen participation is an important element of contemporary democracy. It is considereda panacea to the declining participation of citizens in political and public life. People may decide toparticipate for various reasons. It is important that participation promotes the development of local democracy,for instance, by strengthening bottom-up civic initiatives; participation stimulates integrationof local communities through joint activities. It is also an efficient tool to solve certain problems, sinceopinions of all parties concerned can be heard, local conflicts mitigated and compromise reached. This article attempts to analyze citizen participation based on the example of a specific social group,namely the rural local community. The article concentrates on various theoretical views on the issue.The main goal of the article is to answer a question about the form of local rural communities participation,and it presents examples of instruments which help community members to implement theiractivity and express civic attitudes.
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On the basis of official records and other papers the author initially examines the reasons for which a nationalisation took place in the People’s Republic of Slovenia in 1958 that affected a large number of leased buildings and construction land. In the second part an analysis is made of the nationalisation law and its implementation in the 1959-62 period.
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Changes of the modern labour market imply the necessity to look for new solutions to solving problems in the area of employment as a part of public policy. One of such possibilities is using the activating potential of social economy entities. The aim of the article is to show the common area of the social economy activities and labour market policy embedded in Polish practice in a conceptual and operational dimension. The author uses the analysis of social economy and labour market policy found in Polish literature and also overviews the National Action Plans for Employment taking into account aspect of social economy activities. The study concludes that the social economy is already partially institutionalized element of the labour market policy in Poland, however it is still unstable and constantly seeking its own lucid imprint on the map of public policies.
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The purpose of this article is to place social policy in the axiological dimension, as well as to present the influence of axiology and social acceptance on the conceptual and real shape of social policy. The article presents selected elements of the process of shaping the axiological dimension of social policy and outlines the specificity of this process in the case of social activities of the state. It justifies shaping social policy based on market factors and directing changes towards the multi-sectoral character of this policy and social economy.
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The present study concerns the issue of personal data protection. Following implementation of the EU Regulation of 2016 (GDPR), the Catholic Church in Poland adapted its law to new requirements. The study begins with an overview of the legal solutions applied before 2018 and recalls the problems arising in that period. In the following part, the author outlines the content of the Polish Bishops’ Decree on Personal Data Protection, implemented in May 25, 2018.
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First of all, this paper tries to explain the principles of the General Data Protection Regulation (EU) 2016/67 of April 27 2016, which entered into the force on May 25 2018. Special attention was given to the territorial scope, and the influence on third countries, considering that the changes introduced by the Regulation are among the most important and at the same time the most controversial. Of course, this aspect of the Regulation is particularly important for Bosnia and Herzegovina, having in mind the obligations arising from the Stabilization and Association Agreement and the general economic, political and security orientation towards the European Union. Furthermore, in this paper, relation between protection of personal data and the right to privacy is considered, in accordance with the provisions of the Regulation and the Convention on Human Rights as well as Charter of Fundamental Rights of the European Union and in a very concise form relevant practice of the European Court of Human Rights in Strasbourg. Finally, this article suggests that, even though the Regulation is considered to be one of the most important and complex parts of the European Union legislation, which touches different spheres of life and society, and therefore the rights, respect for fundamental human rights and consistent application of the Convention in significant part results in respect for fundamental principle and essence of the Regulation.
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The Agency for the Protection of Personal Data in Bosnia and Herzegovina, in an ex officio procedure, assesses the legality of processing personal data of judges and prosecutors in the manner prescribed by the Rulebook on Submission, Verification and Processing of Financial Statements of Judges and Prosecutors through the High Judicial and Prosecutorial Council of BiH, 05 in March 2019, issued a Decision (Decision of the Agency) that prohibited the HJPC BiH from processing the personal data of judges and prosecutors (paragraph I) in the manner prescribed by the Rulebook and paragraph II obliged the HJPC to notify the Agency within 15 days from the date of receipt of the decision on undertaken activities for the implementation of the said paragraph I. On the occasion of this Decision of the Agency, the HJPC of BiH, adopted the following conclusions: 1. The HJPC made a decision to postpone the application of the Rules for an indefinite period of time until the problem is resolved. 2. The HJPC has adopted the conclusion that it will organize a meeting with the Agency in order to overcome the problems. 3. Unless a favorable solution is found in negotiations with the Agency, the HJPC will, within the legal deadline, place an adequate remedy on the decision of the Agency. 4. After integrating with the Agency, the HJPC BiH Integrity Working Group will, in any case, proceed with the creation of a reserve option in terms of the Rulebook that will be applicable in 2019, and 5. Concerning the above conclusions, the Agency will be notified in order to execute the Agency's decision. In the explanation of the Agency's Decision, several points are noted that indicate serious failures in the procedure and in the application of legal solutions and standards on a particular case. In this case, the standard of fair treatment has been violated: the Agency received the complaint of the association of judges, which was clearly explained in detail, and then Agency stated that it acted ex officio, explaining that it was an indisputable fact because the Rulebook was published on the website of the HJPC. It is factually undisputed that it is not a procedure initiated ex officio and that the Agency fingers the action on its own initiative. Bearing in mind that all the arguments of the association of judges are related to the content of the Rulebook and that the Agency formally legally acted ex officio, it would be possible to present this procedure as an ex officio procedure. In order to understand the element of injustice, it is necessary to take into account the fact that the procedure was guided as an urgent (shortened) procedure. From the perspective of the legal layman, the question is whether the processing of financial statements is now controversial. If so, the explanation of the solution is completely contradictory. Namely, if only processing is controversial in the sense of the Rulebook, then the reasoning of the Decision goes beyond the boundaries of the pronouncement of the Decision, because the Agency enters into the argumentation of parts which were not even subject to the procedure ex officio. Asked whether the HJPC Rulebook is constitutional and legitimate, it is appropriate to implement the so-called tripartite test on allegations of violation of human right to private life (protection of personal data). The test consists of three steps. The answer to each of the questions asked must be positive (cumulative conditions) in order to establish that the Rulebook is constitutional and lawful. The Agency finds in the decision that the HJPC has adopted the Rulebook imposing obligations and interfering with the right to privacy of judges, prosecutors and their relatives, contrary to the provisions of the Law on HJPC BiH, the Law on Identification Number Act and the provisions of the Convention against Corruption. The provision of Article 86 of the Law on HJPC "Reporting of the HJPC on Activities" prescribes that judges and prosecutors submit to the Council an annual report stating, inter alia, the activities that they have performed outside the duties of the judge or prosecutor, including amounts that they have collected. [...] The Council sends forms for financial statements and may request additional information. In order to establish the limits of data (information) that the HJPC may require during the submission of annual reports, it is necessary to systematically interpret the relevant legal provision. The Agency applied a systemic interpretation of the norm. Nevertheless, the Agency has obviously overlooked (which was not allowed to do the following methodology of applying systemic interpretation) the general provision of the Law on the HJPC BiH prescribed (Article 3) that the HJPC has the task of ensuring independent, impartial and professional judiciary. In terms of the general provisions of the Act, as well as the provisions of Chapter VIII and in particular Article 86, the Agency concluded that the sole purpose of submitting, verifying and processing financial reports is to prevent conflicts of interest between judges and prosecutors, in the sense that the concept is understood by the Agency. This conclusion is wrong. Namely, the attitude that regulated data processing for the purpose of testing the origin of assets and determining the financial imbalance is not identical with the purpose of preventing conflict of interest is absurd and is in contrast to the purpose of the financial report. Accordingly, the incorrect conclusion is that the Law precludes the search for data that exceeds the annual financial activity. The law is really created by an abstract formulation, which does not concretize the details of the required elements from the financial report. But it does not demand anything that would be contrary to the ECHR in accordance with the standards of the required quality of the law. Namely, it is sufficient according to the standards of the ECHR that the law (here on the Law on HJPC BiH, but also the Rulebook) is accessible, predictable, assessable and understandable, then the criterion of the legality of the act is fulfilled. In the instruction on the legal remedy of the Agency's decision, it was indicated that an appeal is not allowed against the ruling, but an administrative dispute can be initiated before the Court of BiH within 60 days from the date of delivery of the decision. Therefore, the option is to initiate an administrative dispute in accordance with the Law in Administrative Disputes of Bosnia and Herzegovina.
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In this paper we aim to analyse the specifics of the relationship between organizational climate and the degree of job satisfaction for employees in public administration; the analysis is valid within a socioeconomical context dominated by the overturning of values and a very liberally understood freedom of expression. The most important result of the research shows us that an organizational climate where effective leadership, harmonious communication and positive relationships prevail fosters a high level of overall job satisfaction in employees from the administrative system. Also, we note the existence of a ‘community culture’ within the administrative system which reveals the high degree of sociability and communication, the wide spectrum of relationships established at interpersonal level, the identification of employees with the goals and values of the organization. Another significant result reveals the fact that there’s better intradepartmental than interdepartmental communication, illustrating the social values promoted in Romanian society (competition, individualism, focusing on performance), which are found in all areas of activity, including public administration.
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Dissemination of knowledge, the search for truth, students’ progress, and the wellbeing of society are the goals of higher education, and freedom in research and expression is essential to pursuing these goals. As members of the academic community, students should be encouraged to develop their critical judgment skills, to engage in independent research, and support the truth. The procedure to be followed may vary from one institution to another; however, few minimum standards of academic freedom are essential in any community of students. But in order to benefit from favourable conditions in the classroom, on campus and in academia, in general, students have to use their rights responsibly.
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