Hasil untuk "Law of Europe"

Julius Kirshner

Lo studio si concentra su un consilium del giurista perugino Onofrio Bartolini, intervenuto in una disputa tra la località di Castiglione e la città di Arezzo negli anni Settanta del Trecento. Al centro della questione vi è il caso di una donna di Castiglione, andata in sposa ad un cittadino di Arezzo, mantenendo però la proprietà di un immobile nella sua città d’origine. Castiglione sostiene che tale immobile sia soggetto alla sua tassazione e debba versare a Castiglione l’imposta diretta (libra), mentre Arezzo replica che, a seguito delle nozze, la donna ha perduto la cittadinanza castiglionese, divenendo aretina, con la conseguenza che le sue proprietà sono ora soggette alla libra del Comune di Arezzo. Bartolini, seguendo i principi formulati da Bartolo sulla cittadinanza della mulier alibi nupta, conclude che la giurisdizione in materia di imposizione fiscale rimanga a Castiglione, ove la donna conserva la propria cittadinanza.

Jan Beránek, Tereza Blažková

Conference report

Dikran M. Zenginkuzucu

Under international law, it is each State’s obligation and responsibility to recognize the most serious crimes committed against the international community, as well as criminalize and conduct effective investigations and prosecution of them. The establishment of a permanent International Criminal Court, whose well-known complementarity principle is one of its central tenets, has finally emerged as a pillar in the fight against the impunity of international crimes. The article derives from various implementations a test for determining the characteristics and functions of the correction function of international law, thus presents the argument that the Rome Statute’s complementary role provides a corrective function.

Sandra Žatková

The previous report from 2022 presented a newly started international anti-hate speech project with the participation of students from the Faculty of Law of the Comenius University in Bratislava. Despite the EU-funded project started in April 2022, in December of the same year, we were already able to present tangible results. At the end of 2023, the project can be described as fully established and set to reach its ambitious goals thanks to the synergy among students, volunteers and the client Forum for Human Rights (“FORUM”). This report is a follow-up to the first one and presents new interesting developments and challenges. It focuses on the role of students, aspiring young professionals, in protecting the human rights of Roma people.

Giuliano Pinto

Il breve scritto rende conto degli eventi che, a partire dalla riedizione del 1999 degli Statuti del Comune fiorentino del 1322-25, hanno condotto all’edizione, nel 2023.

Kristóf Mihály Heil

The codification attempts of Criminal Law in the time of the Enlightenment of the 1790 s and the liberalism of the 1830s and 1840s are the focal points of the study. In order to draft bills to reform the feudal state based on customary law and privileges without changing the basic public law framework, nine so-called national regular committees were set up by Article 67 of Act 1791. The committees completed their work and sent their drafts, known as operatives, to the king between 1792 and 1795. After all, the completed operatives were not put on the agenda of the Parliament due to changes in the domestic and foreign policy status quo. They could find a way out from the archives of the Chancellery only thanks to the committees set up by Article 8 of Act 1827. These committees were responsible for reviewing the „forgotten“ operatives, which were finally printed and sent to the counties for comments. The Hungarian liberal noble opposition was organised first as a movement and then as a party during these county debates (1831–1832) in order to replace the feudal system by manifesting the basic principles of the civil transition in the so-called laws of April.

Enes Zaimović

In an unexpected turn of events, Council Directive 2001/55/ EC and the status of temporary protection became an inevitable choice of the EU when dealing with the largest displacement of individuals since World War II. What was once believed to be a forgotten reminiscence of the past within the Common European Asylum System stands now at the heart of the EU’s response to the mass influx caused by the Russian aggression in Ukraine. And while arguably bringing a fresh change to EU asylum law, the current success of temporary protection is still only of a temporary nature given the Commission’s New Pact on Migration and Asylum and the proposed repeal of the Directive. The article aims to tackle the use of temporary protection at the EU level in 2022 and 2023 and explore the question of its relevance in EU law more than two decades after the adoption of the currently employed legal framework of temporary protection within the Common European Asylum System.

C. Alvarez Garcia, A. Gomez Martín

Introduction Migratory flows are increasing more and more, especially regarding the refugee crisis during the last years. There are around 86,7 million migrants in Europe. Migrants share similar experiences that may affect their physical and mental health, such as loss of a social network, lack of economical support or high levels of stress and discrimination. Objectives To analyze the obstacles that migrants must face to obtain a mental health assistance and the importance of an intercultural approach. Methods A narrative review of the existing literature on the subject. Results Although there exists evidence that shows that migrants tend to have more health needs, they usually seek less medical advice and receive a poor-quality attention, fulfilling the inverse-care law. This is due to several reasons. Many migrants are excluded of the health care system due to bureaucratic impediments. Also, the language has a determining role, since a higher quality of communication could lead to a better understanding of the symptoms, reducing the risk of erroneous evaluations. Besides, different background and culture between the patient and the doctor can result in lack of communication, mistrust, mistreatment, poor adherence, and worse prognosis. Conclusions Despite the exponential growth of migration in the last decade and the continue progression, migrants still face many barriers to receive healthcare. It is necessary to do more research on the mental health of migrants and ethnic minorities to ensure quality care to different cultures. Disclosure No significant relationships.

Marie-Cécile Cadilhac, Cécile Rapoport

(Series Information) European Papers - A Journal on Law and Integration, 2018 3(2), 811-832 | European Forum Insight of 25 August 2018 | (Table of Contents) I. Introduction. - II. The specific nature of EU mixed agreements: What impact on the national constitutional judge? - II.1. A monitoring method based on both Art. 53 C and Art. 88-1 C. - II.2. A two-tiered constitutional review based on the division of competence between the EU and its Member States. - III. The compatibility of CETA with the French Constitution. - III.1. No violation of "the essential conditions for exercising national sovereignty". - III.2. No violation of the provisions of the French Constitution as well as constitutionally guaranteed rights and freedoms. - IV. Conclusion. | (Abstract) On 26 July 2017, the Conseil constitutionnel ruled upon the compatibility of an EU (mixed) agreement with the French Constitution. Its decision, which concerned the EU-Canada Comprehensive Economic and Trade Agreement (CETA), clarifies, from a national constitutional law perspective, the room of manoeuvre of the national judge when controlling EU acts which also happen to be acts of the Member States. The necessity to combine EU law with French constitutional law when monitoring this specific category of international commitments of the French Republic results in a very narrow margin of manoeuvre for the judge. In the end, the Conseil constitutionnel considers CETA to be compatible with the Constitution of the French Republic.

Piotr Krzysztof Marszałek

In Polish literature on the subject, the military governor’s office is usually associated with the organisation of the administrative system that prevailed in the partitioning states (Poland’s Partitions 1791-1918). However, the governor’s office had already been known in Poland during the Duchy of Warsaw (1807-1815), when it was, like many other solutions of administrative and military law, imported directly from France. In the structure of Polish public organs, the office of governor was created for the first time during the Polish-Austrian war in 1809. Although no documents have survived from which we could learn of the competences of a Polish governor in those times, what is known is that the description of his authority followed closely the model set out by the French legislation. It was not before the Polish-Russian war in 1830-1831 that first attempts were made to independently set out the authority o f a governor of the Polish state, but even then, at least initially, the solutions set forth by the regime o f the Napoleonic decree were directly referred to and copied. In the second half of the 19th century, shortly before the collapse of the November Uprising, a draft describing the office and competences of a Polish governor was finally ready to be put forward for parliamentary discussion, but it was already too late for the Sejm to deal with it.

V. Naddeo, T. Zarra, G. Oliva et al.

In the modern world of wastewater treatment, control of odors has moved from an afterthought to a primary design consideration for most collection and treatment facilities. As development encroaches on our facilities and our new neighbours become less tolerant of nuisance odors, wastewater professionals have found the need to address odor as a primary concern in the design and operation of collection and treatment facilities. When facility odors affect air quality and cause citizen complaints, an investigation of those odors may require that specific odorants be measured and that odorous air be measured using standardized scientific methods. Odour intensity is one of main odour characterization parameters, and remarkably common and important sensory indicator of environmental odours. Odour intensity reflects people’s perception of odours and contributes to effective odour management. The “triangle odors bag method', which has been adopted for the offensive odors control law in Japan, and the dynamic olfactometry defined by EN 13725 has been adopted in Europe. These methods are the worldwide used for as reference methods for the sensorial measurement of odours. On these methods are also based the training of electronic nose (e.Nose). In this study odour samples were collected on municipal wastewater treatment plant located in south Italy at four different treatment units to determine the relationship between odour intensity assessed by Japanese “triangle odors bag method', odour concentration measured with dynamic olfactometry according to European standard EN13725:2003 and with odour concentration measured by a novel prototype of e.Nose patented by University of Salerno. A monthly sampling and relative measurements were carried out for consecutive 12 months at Laboratory of Sanitary Environmental Engineering Division (SEED) at University of Salerno (Italy). Results show when high odours were detected by Japanese standard, the odour concentrations measured according European standard were also high (e.g. emission from sludge line). Concentrations measured by e.Nose are strongly correlated with the measurements carried out by standard methods.

Pietro Maria Liuzzo

The identity of the historian «Aristodemos», number 104 of Jacoby’s Fragmente der Greichischen Historicher, is based upon a note in the upper margin of the page ξζ (83v) of Cod. Par. Suppl. Gr. 607. The aim of this article is to verify this and demonstrate that this is just a way chosen from the copyist to help the reader in finding his way back in a booklet which is affected by an error which makes it difficult to follow the order of the different parts. Aristodemos is a name contained in the piece of text which the copyist refers to, not the name of a new historian as the first editor has made many think. A full description of all events in the booklet is given to support the contextualization of the note.

Hoffmann Jan

Ángel Luis Alonso de Antonio

La Diputación Permanente de la Constitución de 1812 es el órgano de continuidad parlamentaria para mantener la representación de la voluntad popular en los períodos en los que las Cortes no estuvieran trabajando en plenitud. Significó también un intento frustrado de establecer un mecanismo eficaz para garantizar el cumplimiento del propio texto constitucional y por tanto su defensa ante las violaciones por parte de otros órganos del Estado. The Permanent Delegation of the Constitution of 1812 is the parliamentary body to maintain continuity of the representation of popular will in the periods in which the courts were not working fully. It also meant an unsuccessful attempt to establish an effective mechanism to ensure compliance with the constitutional text itself and therefore its defense against violations by other state bodies.

Keković Zoran, Milošević Mladen

The process of economic transition in Serbia has highlighted the problem of socially responsible behavior of corporations and especially the growing phenomenon of corporate crime. The consequences of corporate wrongdoing are almost everywhere and cannot be overseen. The most tremendous ones are those related to human casualties, environmental disasters, long-term negative health effects and great material budget losses on local and state levels. The fact that corporations are profiting from criminal activity which causes enormous damage to society and individuals makes public policy makers face the ultimate choice - either to devise new effective measures for reducing and controlling this phenomenon or to retain the standard model of crime control, in accordance with the principles of classical criminal law. The first choice would require one of the pillars of criminal law - the principle of individual and subjective guilt of physical persons as the exclusive grounds for imposing criminal liability - to be either modified and widened in order to be used as a base for imposing corporate criminal liability or partially changed by new criminal law categories which would introduce different grounds for imposing criminal liability on an organization. The second choice would require the decision-makers to refuse to change old and well-established principles. The criminal reality, however, has made most legislatures in Europe and around the world choose the first option and introduce different forms of corporate criminal liability. Serbian criminal legislation has been headed in the same direction since 2008, when it was changed in order to enable the imposing of liability for criminal acts on corporations. However, although corporate criminal liability is becoming the European legislative standard, one question remains - Is this the only measure of criminal politics which can be used as a means of reducing and preventing corporate crime? The authors analyze criminological, cultural and other aspects of corporate crime and point to some potentially positive effects of measures based on the understanding of the characteristics and functioning of contemporary corporations. The first part of the article highlights the concept and features of corporate crime and suggests a broad criminological definition which encompasses its numerous aspects. The authors then focus on cultural aspects of corporate crime and the role of corporate culture type in choosing the criminal behavior as a way of gaining profit. In the second part, the authors examine the concept of internal corporate security culture and analyze basic models of corporate criminal liability and their relation to the concept of corporate security culture.

Jiří Bílý

The document discusses the development of legal systems within the early Christian Church, starting from its initial informal guidelines to more structured canonical laws influenced by Roman civil law. It highlights the evolution of church law from the Didache in the first century to more complex legal texts in subsequent centuries, focusing on regulations for church governance, liturgical practices, and moral conduct. The transition from persecution to the Church's integration into the Roman government under Constantine significantly transformed its legal framework, emphasizing discipline within the community and the Church's growing hierarchical structure.

Sebastian Ruciński

Nakładem Wyższej Szkoły Handlu i Prawa im. Ryszarda Łazarskiego w Warszawie ukazało się tłumaczenie pierwszej księgi Digestów Justyniańskich, wykonane przez Bartosza Szolc-Nartowskiego. Praca ta jest odpowiedzią na zadziwiający w naszej literaturze naukowej brak polskiego tłumaczenia tego najważniejszego dzieła przekazującego nam spuściznę rzymskiego dorobku prawnego, tak cennego dla całego późniejszego rozwoju wielu gałęzi prawa. Z tym większą radością należy przywitać zwiastun wskazujący na wzrastające zainteresowanie tłumaczeniem Digestów, mając jednocześnie nadzieję, że na pierwszej księdze się nie skończy i w niedługim czasie będzie dane polskiemu środowisku naukowemu cieszyć się pełnym tłumaczeniem tego pomnika rzymskiego prawa.

Pilar Del Castillo Vera

Józef Ciągwa

Recenzja: Ján Holák, Beda odsúdeným. Ako sa za feudalizmu súdilo na Slovensku, Vydavateľstvo Osveta, Martin 1974.