scholarly journals Bosnia-Herzegovina: The Role of the Judiciary in a Divided Society

2019 ◽  
Vol 5 (2) ◽  
pp. 194
Author(s):  
Joseph Marko
Keyword(s):  
Case Law ◽  
Communist Regime ◽  
Self Management ◽  
Political Regime ◽  
Constitutional Court ◽  
Economic Market ◽  
Framework Agreement ◽  
Liberal Democratic ◽  
The Right

This paper analyzes the role of the Constitutional Court of Bosnia and Herzegovina for the promotion of social justice under the conditions of a triple transformation from war to peace and from a communist regime based on the Titoist self-management ideology to a liberal-democratic political regime and economic market system in three parts. The first section describes the political, constitutional and economic context during and after the collapse of the former Socialist Federal Republic of Yugoslavia and the war in Bosnia-Herzegovina. The second section describes and analyzes the constitutional and institutional arrangements established under the General Framework Agreement for Peace, concluded in Dayton/Ohio and Paris, 1995. The third section deals with the role of the Constitutional Court and analyzes with reference to its case law the interpretative doctrines developed in its adjudication of the right to property concerning different concepts of property and the right to work in the context of the constitutionally guaranteed right to return of refugees and restitution of property.

El derecho a ser informado como elemento esencial del derecho a la protección de datos. Una visión crítica de la jurisprudencia del Tribunal Constitucional y de su cambio de doctrina en la STC 39/2016

2016 ◽  
pp. 191-216
Author(s):  
Miguel Ángel CABELLOS ESPIÉRREZ
Keyword(s):  
Video Surveillance ◽  
Data Protection ◽  
Case Law ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Surveillance Systems ◽  
Control Technology ◽  
Specific Regulation ◽  
The Right

LABURPENA: Lan eremuan bideozaintzaren erabilerak ondorio garrantzitsuak dakartza funtsezko eskubideei dagokienez, esate baterako intimitateari eta datu pertsonalen babesari dagokienez. Hala eta guztiz ere, oraindik ez daukagu araudi zehatz eta espezifikorik kontrol-teknika hori lan eremuan erabiltzeari buruz. Horrek behartuta, errealitate horri araudi-esparru anitz eta generikoa aplikatzeko modua auzitegiek zehaztu behar dute, kontuan hartuta, gainera, Espainiako Konstituzioaren 18.4 artikulua alde horretatik lausoa dela. Konstituzio Auzitegiak, datuen babeserako funtsezko eskubidea aztertzean, datuen titularraren adostasuna eta titular horri eman beharreko informazioa eskubide horretan berebizikoak zirela ezarri zuen; hortik ondorioztatzen da titularraren adostasuna eta hari emandako informazioa mugatuz gero behar bezala justifikatu beharko dela. Hala ere, Konstituzio Auzitegiak, duela gutxiko jurisprudentzian, bere doktrina aldatu du. Aldaketa horrek, lan eremuan, argi eta garbi langileak informazioa jasotzeko duen eskubidea debaluatzea dakar, bere datuetatik zein lortzen ari diren jakiteari dagokionez. RESUMEN: La utilización de la videovigilancia en el ámbito laboral posee importantes implicaciones en relación con derechos fundamentales como los relativos a la intimidad y a la protección de datos personales. Pese a ello, carecemos aún de una normativa detallada y específica en relación con el uso de dicha técnica de control en el ámbito laboral, lo que obliga a que sean los tribunales los que vayan concretando la aplicación de un marco normativo plural y genérico a esa realidad, dada además la vaguedad del art. 18.4 CE. El TC, al analizar el derecho fundamental a la protección de datos, había establecido el carácter central en él del consentimiento del titular de los datos y de la información que debe dársele a éste, de donde se sigue que cualquier limitación del papel de ambos deberá estar debidamente justificada. Sin embargo, en su más reciente jurisprudencia el TC ha realizado un cambio de doctrina que supone, en el ámbito laboral, una clara devaluación del derecho a la información por parte del trabajador en relación con qué datos suyos se están obteniendo. ABSTRACT : T he use of video surveillance systems within the work sphere has major implications for fundamental rights such as privacy and data protection. Nonetheless, we still lack of a detailed and specific regulation regarding the use of that control technology within the work sphere, which obliges courts to define the application of a plural and generic normative framework to that issue, given the vagueness of art. 18.4 of the Constitution. The Constitutional Court, when analyzing the fundamental right to data protection, had settled the centralityof the consent of the data rightholder and of the information to be provided to the latter, and from this it followed that any restriction on the role of both rights should be duly justified. However, in its most recent case law the Constitutional Court has changed its doctrine which means, within the work sphere, a clear devaluation of the right of information by the employee regarding the obtained data of him/her.

scholarly journals Role of the European Court of Human Rights in realization of social security right

2020 ◽  
Vol 2 (2) ◽  
pp. 55-63
Author(s):  
Lyusya Mozhechuk ◽  
Andriy Samotuha
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Occupational Injuries ◽  
Case Law ◽  
European Convention ◽  
Constitutional Court ◽  
Economic Rights ◽  
European Court ◽  
The Right

The article deals with the role of the European Court of Human Rights (ECtHR) in protecting the right to social security. There is the analysis of the case law of the ECtHR on the violation of the right to social security, namely the right to receive a pension, which the ECtHR classifies as property rights. The authors have outlined the ways to improve the practice of the ECtHR in this area in modern national and world socio-economic conditions. According to available estimates, around 50 per cent of the global population has access to some form of social security, while only 20 per cent enjoy adequate social security coverage. Ensuring an ap-propriate mechanism for the protection of human and civil rights is a priority for every country. However, according to case law, the number of complaints of violations or non-recognition of their rights is growing every year. An important role in the protection of human rights in today's conditions is played by an international judicial body - the European Court of Human Rights. In Ukraine, where socio-economic rights are recognized at the constitutional level, their guarantee content in the current laws is still not clearly defined, and therefore, as evidenced by the practice of the Constitutional Court of Ukraine, legal mechanisms their protection, in particular the means of judicial control remain ineffective. The right to social security is the right to access and retention of benefits, both in cash and in kind, without discrimination in order to protect, in particular, against (a) lack of income from work caused by illness, disability, maternity, occupational injuries , unemployment, old age or death of a family member; (b) inaccessible access to medical care; (c) insufficient family support, especially for children and adult dependents. It is well known that the European Convention does not contain many socio-economic rights as such (with a few exceptions - protection of property and the right to education). Thus , the former president of the ECtHR Jean-Paul Costa specifically pointed to another important European human rights treaty – the European Social Charter. Human rights are a universal value, and their protection is the task of every state. The European Court of Human Rights plays an important role in protecting human rights in modern conditions. The functioning of such an international judicial institution can not only solve a problem of protection of violated rights, but also affect the development of the judicial system of each state. The main principle of realization and judicial protection of social rights is non-discrimination on the grounds of sex, age, race, national and social origin of the individual, and the role of auxiliary institutions of the Council of Europe in generalizing and improving the ECtHR’s activity has been emphasized.

State-run celebration of Liberation Day in Czechoslovakia (based on audiovisual sources)

2019 ◽  
pp. 251-268
Author(s):  
Timur Gimadeev
Keyword(s):  
Political Development ◽  
Communist Regime ◽  
Political Regime ◽  
The Political ◽  
Historical Experience ◽  
History Of ◽  
Post War ◽  
The 1960S ◽  
The Military

The article deals with the history of celebrating the Liberation Day in Czechoslovakia organised by the state. Various aspects of the history of the holiday have been considered with the extensive use of audiovisual documents (materials from Czechoslovak newsreels and TV archives), which allowed for a detailed analysis of the propaganda representation of the holiday. As a result, it has been possible to identify the main stages of the historical evolution of the celebrations of Liberation Day, to discover the close interdependence between these stages and the country’s political development. The establishment of the holiday itself — its concept and the military parade as the main ritual — took place in the first post-war years, simultaneously with the consolidation of the Communist regime in Czechoslovakia. Later, until the end of the 1960s, the celebrations gradually evolved along the political regime, acquiring new ritual forms (ceremonial meetings, and “guards of memory”). In 1968, at the same time as there was an attempt to rethink the entire socialist regime and the historical experience connected with it, an attempt was made to reconstruct Liberation Day. However, political “normalisation” led to the normalisation of the celebration itself, which played an important role in legitimising the Soviet presence in the country. At this stage, the role of ceremonial meetings and “guards of memory” increased, while inventions released in time for 9 May appeared and “May TV” was specially produced. The fall of the Communist regime in 1989 led to the fall of the concept of Liberation Day on 9 May, resulting in changes of the title, date and paradigm of the holiday, which became Victory Day and has been since celebrated on 8 May.

scholarly journals Primary law in medicine, its legal nature

2018 ◽  
Vol 40 ◽  
pp. 01002
Author(s):  
K. Zarins
Keyword(s):  
Supreme Court Decision ◽  
Court Decision ◽  
Constitutional Court ◽  
Right To Life ◽  
Economic Interests ◽  
Economic Opportunities ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Right

Thework will discuss the problems arising from the thesis that the economic opportunities are incompatible with the person's primary law - the right to life and equality of treatment. An actively maintained hypothesis claims that the country's economic opportunities and funding should not restrict or reduce a person's right to life and health. In this aspect, it will also study the role of the constitutional court. The author points to the fact that the adoption of such, here the Supreme Court decision, successive constitutional court for a preliminary inaccurate claim and interpretation of the country's economic interests, could deny the right of people to life only after the consideration that they are of no use and financially expensive to be maintained.

scholarly journals élethez való jog néhány jogelméleti kérdéséről

2013 ◽  
Vol 10 (1) ◽  
pp. 65-73
Author(s):  
Judit Vörös
Keyword(s):  
Case Law ◽  
Point Of View ◽  
In Vitro Fertilisation ◽  
Human Embryos ◽  
Constitutional Court ◽  
Right To Life ◽  
The Subject ◽  
The Right

Nowadays in vitro fertilisation raises relevant controversies at the point of view of jurisprudence as well. The distinct approximations of in vitro embryos, such as to be considered as personae or objects, are also resources of several theoretical and pragmatical questions. It is essential to give a compendious summary about what kind of jurisprudental environment had been contributed to the intrumental comprehension of human embryos too, otherwise it is difficult to understand the scientific quandaries connected to the subject correctly. Merely thereafter the international and the Hungarian regulation of in vitro embryo’s status seems to able to be dissected, in particular the case-law of the Hungarian Constitutional Court related to the right to life and the constitutional funds of the oncurrent re-regulation in our country.

The Right to a Fair Trial in the Case-Law of the Austrian Constitutional Court

ICL Journal ◽  
2009 ◽  
Vol 3 (1) ◽  
Author(s):  
Claudia Fuchs ◽  
Konrad Lachmayer
Keyword(s):  
Case Law ◽  
Fair Trial ◽  
Constitutional Court ◽  
The Right

II Constitutional Jurisprudence, 5 Powers and Conflicts

2016 ◽  
Author(s):  
Barsotti Vittoria ◽  
Carozza Paolo G ◽  
Cartabia Marta ◽  
Simoncini Andrea
Keyword(s):  
Separation Of Powers ◽  
Case Law ◽  
Constitutional Court ◽  
Reciprocal Relations ◽  
The Republic ◽  
Constitutional System ◽  
Constitutional Jurisprudence ◽  
The Relationship ◽  
Principal Lines

By presenting the Court’s principal lines of case law regarding the allocation of powers in the Italian constitutional system, this chapter explores the constitutionally regulated relationships among the President, Executive, Parliament, and Judiciary. It reveals that rather than a “separation of powers” in the conventional sense of contemporary constitutional models, the Italian system is best described as instituting a set of reciprocal “relations of powers” with the Constitutional Court as the “judge of powers” that maintains and guarantees these interrelationships of constitutional actors. The chapter explores this role of the Constitutional Court in its relations with both Parliament and the President of the Republic, as well as the Court’s regulation of the relationship between the President and the Executive.

Haitian Immigrants and Their Descendants Born in the Dominican Republic

2018 ◽  
Author(s):  
Bridget Wooding
Keyword(s):  
Civil Society ◽  
Dominican Republic ◽  
Migrant Labor ◽  
Constitutional Court ◽  
Political Leaders ◽  
Citizenship Rights ◽  
Haitian Immigrants ◽  
The Right ◽  
Cultural Turn

There has been a century of Haitian immigration to the neighboring Dominican Republic, initially as seasonal cane cutters. Noteworthy are the manu militari policies and ethnically discriminatory legislation adopted under the Trujillo dictatorship (1930–1961), including the legacy of these under the subsequent mainmise administration of his protégé President Balaguer. The diversification of this migrant labor in recent decades has been accompanied by the struggle between competing ideological factions to revise the obsolete migration legislation at the turn of the 21st century. The ensuing normative bias is detrimental to Haitians and constitutes unwarranted incursions into nationality matters. Understanding discrimination and anti-Haitianism in the Dominican Republic and how this has been confronted underpin an analysis of current issues. Given the reluctance of political leaders and private-sector interests to address xenophobia and racism affecting Haitians and persons with Haitian ancestry, the role of civil society practitioners has come to the fore. This contestation on the part of civil society is exemplified in the strategic litigation outside and within the country, especially as regards the threat of nationality stripping of Haitian ancestry Dominicans born in the Dominican Republic. The buildup to the crisis of 2013 stemming from the decision of the Dominican Constitutional Court (CC), La Sentencia (as it became known), which effectively rendered stateless 133,000 Dominicans of Haitian ancestry, is critical to understanding how and why this has happened. It also helps explain the nature of the palliative efforts set in motion by the Dominican authorities to mitigate the effects of the Sentence. Civil society’s response has been characterized by different but interrelated processes mandated by the Sentence and then enacted in twin but different legislation. Both the National Regularization Plan for Foreigners with an Irregular Migration Status (PNRE) and Naturalization Law 169-14 for those persons denationalized in September 2013 are examined. Finally, taking stock entails examining the prospect of lasting change toward proper integration of Haitian migrants and the recognition of the right for their descendants born in the Dominican Republic to have and to hold Dominican nationality. Heightened judicial engagement is doubtless necessary, but the cultural turn perhaps holds the key to more sustainable gains in compliance with the rights of Haitian migrants and their family members. At most immediate risk is the realization of the acquired citizenship rights of descendants born in country to Haitian immigrants.

scholarly journals The Right to Be Forgotten in the Digital Age: The Challenges of Data Protection Beyond Borders

2020 ◽  
Vol 21 (S1) ◽  
pp. 55-65
Author(s):  
Federico Fabbrini ◽  
Edoardo Celeste
Keyword(s):  
Data Protection ◽  
Digital Age ◽  
Case Law ◽  
Legal Systems ◽  
High Data ◽  
Liberal Democratic ◽  
Right To Be Forgotten ◽  
High Standards ◽  
Democratic Systems ◽  
The Right

AbstractThis article explores the challenges of the extraterritorial application of the right to be forgotten and, more broadly, of EU data protection law in light of the recent case law of the ECJ. The paper explains that there are good arguments for the EU to apply its high data protection standards outside its borders, but that such an extraterritorial application faces challenges, as it may clash with duties of international comity, legal diversity, or contrasting rulings delivered by courts in other jurisdictions. As the article points out from a comparative perspective, the protection of privacy in the digital age increasingly exposes a tension between efforts by legal systems to impose their high standards of data protection outside their borders – a dynamic which could be regarded as ‘imperialist’ – and claims by other legal systems to assert their own power over data – a dynamic which one could name ‘sovereigntist’. As the article suggests, navigating between the Scylla of imperialism and the Charybdis of sovereigntism will not be an easy task. In this context, greater convergence in the data protection framework of liberal democratic systems worldwide appears as the preferable path to secure privacy in the digital age.

SYSTEM OF FORMATION OF PROFESSIONAL AND PERSONAL SELF-GOVERNMENT AMONG CADETS OF MILITARY INSTITUTES

2020 ◽  
Author(s):  
Andrey Lagutin ◽  
Tatyana Sidorina
Keyword(s):  
Self Control ◽  
Self Management ◽  
Optimal Decision ◽  
Professional Activity ◽  
Special Role ◽  
Professional Activities ◽  
Managerial Decisions ◽  
The Right ◽  
The Military

When carrying out professional activities, officers of the VNG of the Russian Federation are often in difficult, stressful, emotionally stressful situations associated with the use of weapons as a particularly dangerous means of destruction. The right to use a weapon by an officer makes him responsible for its use. And therefore requires the officer to make a balanced optimal decision, which is associated with the risk and transience of events, and in which no mistake can be made, since the price of it can be someone's life. It is at such a moment that it is important that the officer has stable skills in making a decision on the use of weapons, and this requires skills not only in managing subordinates or the situation,but in managing himself. The complication of the military-professional activity, manifested in the need to develop the ability to quickly and accurately make command decisions, exacerbating the problem of social responsibility of an officer who has the management of unit that leads to an understanding of his singular personal and professional responsibility, as the ability to govern themselves makes it possible to achieve a positive result of the Department for the DBA. This characterizes the need for a commander to have the ability to manage himself, as a "system" that manages others. Forming skills of self-control, patience, compassion, having mastered algorithms of making managerial decisions, the cycle of implementing managerial functions, etc., a person comes to the belief: "before effectively managing others, it is necessary to learn how to manage yourself." The required level of personal and professional maturity can be formed in a person as a result of purposeful self-management, which determines the special role of professional and personal self-management in the training of future officers.

Sign in / Sign up

Export Citation Format

Share Document