Legislation on Same-Sex Partnerships in the Post-Communist Area: Case Study of the Czech Republic

2021 ◽  
Vol 46 (3-4) ◽  
pp. 374-399
Author(s):  
Marián Sekerák ◽  
Lukáš Novotný
Keyword(s):  
Status Quo ◽  
Current Status ◽  
Constitutional Court ◽  
Heterosexual Couples ◽  
Political Struggle ◽  
Same Sex ◽  
Best Interest ◽  
The Czech Republic ◽  
Political Debates

Abstract In the Czech context, the issue of same-sex partnerships can be viewed as a “hot potato”. After long political debates, a law allowing civil unions was adopted in 2006. In the post-communist area, there has been a political struggle over the marriage. The Czech Constitutional Court recently published two key decisions that moved this debate forward. At the same time, two major legislative bills were tabled in the Chamber of Deputies: the first extending marriage to non-heterosexual couples, the second preserving the current status quo with regard to marriage. In the article, we explain these recent Czech legal events in the broader context of the perception of marriage in the post-communist area. We argue that if the Court decides in the future on the constitutionality of same-sex marriages, it should take into account the principles of human dignity and the best interest of the child.

scholarly journals The Trade-Off between Optimizing Flight Patterns and Human Health: A Case Study of Aircraft Noise in Queens, NY, USA

2018 ◽  
Vol 15 (8) ◽  
pp. 1753 ◽  
Author(s):  
Zafar Zafari ◽  
Boshen Jiao ◽  
Brian Will ◽  
Shukai Li ◽  
Peter Muennig
Keyword(s):  
Indirect Costs ◽  
Ground Level ◽  
Status Quo ◽  
Current Status ◽  
Decision Analytic Model ◽  
Health States ◽  
Life Years ◽  
Automation Systems ◽  
The U.S

Objectives: Airports in the U.S. have gradually been transitioning to automated flight systems. These systems generate new flight paths over populated areas. While they can improve flight efficiency, the increased noise associated with these novel flight patterns potentially pose serious health threats to the overflown communities. In this case study, we estimated the monetary benefits relative to health losses associated with one significant change in flight patterns at LaGuardia Airport, year-round use of “TNNIS Climb”, which happened in 2012 as a result of flight automation in New York City. Prior to that, the use of the TNNIS Climb was limited to the U.S. Open tennis matches. Methods: We developed a decision-analytic model using Markov health states to compare the costs and quality-adjusted life years (QALYs) gained associated with the limited use of TNNIS (old status quo) and the year-round use of TNNIS (current status quo). The TNNIS Climb increases airplane noise to above 60 decibels (dB) over some of the most densely populated areas of the city. We used this increased exposure to noise as the basis for estimating ground-level health using data from sound monitors. The total costs (including both direct and indirect costs), QALYs, and the incremental cost-effectiveness ratio (ICER) were estimated for the limited versus the year-round use of the TNNIS Climb. Results: The incremental lifetime costs and QALYs per person exposed to noise associated with the limited versus the year-round use of TNNIS was $11,288, and 1.13, respectively. Therefore, the limited use of TNNIS had an ICER of $10,006/QALY gained relative to the year-round of TNNIS. Our analyses were robust to changes in assumptions and data inputs. Conclusions: Despite increases in efficiency, flight automation systems without a careful assessment of noise might generate flight paths over densely populated areas and cause serious health conditions for the overflown communities.

scholarly journals The Status and Criminal Accountability of Members of Formed Police Units: Conflicting Positions, Current Status Quo and Future Prospects

2017 ◽  
Vol 20 (1) ◽  
pp. 170-212 ◽  
Author(s):  
Zsuzsanna Deen-Racsmány
Keyword(s):  
Police Officers ◽  
Legal Status ◽  
Status Quo ◽  
Current Status ◽  
Political Struggle ◽  
Criminal Jurisdiction ◽  
Un Peacekeeping ◽  
Military Members ◽  
The Status ◽  
The Stability

Introduced in 1999, formed police units (FPUS) constitute a relatively recent invention in the history of UN peacekeeping. Yet, currently more than 10,000 individuals are deployed in such units. Their members are un civilian police officers but – like military personnel – they may be given executive mandates. Consequently, (the optimal regulation of) their legal position (i.e. whether equivalent to that of military members of national contingents or of UN experts on mission) and (of) their criminal accountability (i.e. exclusive contributing State jurisdiction and/or permissibility of host State criminal jurisdiction) have been a subject of prolonged disagreement. The legal-political struggle between the UN Secretariat (Office of Legal Affairs) and the Special Committee on Peacekeeping Operations concerning these issues has triggered important clarifications of the existing rules and led to revisions of legal instruments, including the most recent amendments to the UN Model Memorandum of Understanding. Through a study of this process, the present article aims to clarify the legal status and criminal accountability of FPU officers, as well as to predict the stability of the current legal status quo. In addition, the analysis of these issues provides valuable insights into the relevant practice of and priorities within the UN and among troop and police contributing countries. It thus even helps assess chances that military members of national contingents may in the future be subjected to the criminal jurisdiction of host States. Last but not least, the study highlights the importance of accurate and up-to-date information.

scholarly journals Measuring The Impact of an Administrative Fine on a Company And Its Future Survival: a Case Study From The Czech Republic

2021 ◽  
Vol 17 (4) ◽  
pp. 34-49
Author(s):  
Tomas Krabec ◽  
Romana Čižinska
Keyword(s):  
Czech Republic ◽  
Constitutional Court ◽  
Business Activity ◽  
Economic Returns ◽  
The Czech Republic ◽  
Long Run ◽  
Administrative Punishment ◽  
The Impact ◽  
Specific Amount

Abstract An administrative fine is a monetary penalty that may be imposed by a supervisory authoritity as an administrative punishment. Such a fine adversely interferes in the cash flow generation of the company in question. The fine can be described as an investment carrying opportunity costs with no economic returns. However, according to the judgment of the Constitutional Court of the Czech Republic Pl. ÚS 3/02 of 13 August 2002 it is submitted that the fine cannot be imposed in such an amount that would ultimately be liquidating for the sanctioned entrepreneur. The assessment of whether the specific amount of the fine imposed represents such an intensive interference with the entrepreneur's property that his business activity becomes pointless (i.e., in the long run only for the payment of a fine) is elaborated in this article. Based on a case study from the Czech Republic, this article deals with an example of a suitable methodological procedure, on the basis of which it is possible to evaluate the impact of a specific amount of fine imposed on the property of a sanctioned entrepreneur and assess ex ante whether (i) continuity of his business will be interrupted in the future, i.e., when, as a result of the payment of the fine, he eventually goes bankrupt in the form of insolvency or over-indebtedness and / or (ii) his business activity will only serve to pay the fine and thus become "pointless". The presented economic narrative and methodology are relevant for policy makers and, particularly, for supervisory authorities imposing the fines or assessing the requests for remission.

Waiting, Hope, Democracy, and Space: How Expectations and Socio-economic Rights Shape Two South African Urban Informal Communities

2016 ◽  
Vol 52 (1) ◽  
pp. 34-49 ◽  
Author(s):  
Kristen Kornienko
Keyword(s):  
South African ◽  
Social Processes ◽  
Status Quo ◽  
The Political ◽  
Constitutional Court ◽  
Economic Rights ◽  
The Poor ◽  
Informal Communities ◽  
Political Actions

This paper draws from two case study informal settlements and their recent Constitutional Court litigation to explore the connection between informal living spaces, democracy, and housing. The temporal element of this development dynamic is examined through the erosion and building of hope resulting from the political actions of the state and the political agency of the poor. This engagement of time as an element of space is considered through residents’ expectations manifested in social processes reflecting either the criticality of hope as a catalyst for bottom-up developmental agency or waiting as a fortification of the top-down status quo.

Austrian Constitutional Court Somewhere under the Rainbow: Marriage Equality and the Role of the Austrian Constitutional Court

ICL Journal ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 225-231
Author(s):  
Christa Pail
Keyword(s):  
At Risk ◽  
Sexual Orientation ◽  
Legal Framework ◽  
Constitutional Court ◽  
Sex Partners ◽  
Heterosexual Couples ◽  
Same Sex ◽  
Same Sex Couples ◽  
Registered Partnership

Abstract In 2010, Austria introduced the Registered Partnership as the only form of legal recognition for same-sex couples while marriage is limited to heterosexual couples. In a recent judgment, the Austrian Constitutional Court decided this limitation to be unconstitutional. Due to numerous legal changes in the last years, the legal framework governing registered partnerships and marriage became nearly identical. By upholding different terms for the same kind of relationship, same-sex partners are presented unequal to different-sex couples and forced to show their sexual orientation even in situations where sexual orientation should be irrelevant. This puts them at risk of discrimination. The Court considers this as a violation of the principle of equality.

Prague, the Victorious May of 1945

2020 ◽  
Vol 13 (4) ◽  
pp. 80-91
Author(s):  
S. V. Kudryashov
Keyword(s):  
Czech Republic ◽  
Controversial Issues ◽  
Political Struggle ◽  
Military Operation ◽  
The Czech Republic ◽  
German Army ◽  
Local Municipality ◽  
Local Residents ◽  
Group Center

The article deals with complex and controversial issues related to the uprising and liberation of Prague in May 1945. Interpretation of the events became acute and caused lively discussions in connection with the demolition of the monument to Marshal I. V. Konev on April 3, 2020 by the order of the local municipality. The Czech Republic is also discussing the idea of «perpetuating the role of other liberators» of the capital – soldiers of the ROA division, which for two days (May 6-7) provided assistance to the rebels. Using new documents from the Central archive of the Ministry of defense of the Russian Federation, the author draws a conclusion about the limited influence of the Vlasov units. They, indeed, brought confusion to the German ranks, but early in the morning of May 8, they themselves left Prague on a rapid march. After that, fighting and negotiations between the rebels and the German command continued. The article emphasizes that the main goal of the Soviet military operation from 6 to 11 May 1945 was the defeat of the German Army Group Center. The liberation of Prague was only part of a powerful offensive by three Soviet fronts. Heavy battles for Prague did not happen, but the entry of Soviet tanks into the Czech capital and the subsequent jubilation of local residents became a symbol of the end of the war in Europe. The author concludes that the demolition of monuments to Soviet soldiers and commanders is a manifestation of internal political struggle in the countries where it occurs, and the Czech Republic is only one of these examples.

Traditionalism and politics: A case study of Northern Nigeria

1967 ◽  
Vol 2 (4) ◽  
pp. 509-524 ◽  
Author(s):  
B. J. O. Dudley
Keyword(s):  
Social Change ◽  
Local Government ◽  
Status Quo ◽  
Political Elite ◽  
High Time ◽  
The Political ◽  
Northern Nigeria ◽  
The North ◽  
The Right

In the debate on the Native Authority (Amendment) Law of 1955, the late Premier of the North, Sir Ahmadu Bello, Sardauna of Sokoto, replying to the demand that ‘it is high time in the development of local government systems in this Region that obsolete and undemocratic ways of appointing Emirs’ Councils should close’, commented that ‘the right traditions that we have gone away from are the cutting off of the hands of thieves, and that has caused a lot of thieving in this country. Why should we not be cutting (off) the hands of thieves in order to reduce thieving? That is logical and it is lawful in our tradition and custom here.’ This could be read as a defence against social change, a recrudescence of ‘barbarism’ after the inroads of pax Britannica, and a plea for the retention of the status quo and the entrenched privilege of the political elite.

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