scholarly journals Amicus Curiae: Origin, Worldwide Experience and Suggestions for East European Countries

2019 ◽  
Vol 60 (1) ◽  
pp. 18-39
Author(s):  
Iryna Izarova ◽  
Bartosz Szolc-Nartowski ◽  
Anastasiia Kovtun

Abstract This article describes the meaning of amicus curiae according to modern legislation and doctrine, as well as its origin from Roman law and English law. One part of the article is devoted to the current legal position of international institutions regarding amicus curiae and its place in different legal systems worldwide. Furthermore, the last part of the article related to the analysis of the new amicus curiae concept in Ukraine legislation, combined with the new principles of judicial case management and cooperation of the judge and parties in civil procedure. The article concludes with some thoughts about the need and viability of its implementation in the civil law countries using examples of current reforms of Civil Procedure in Ukraine, and other states of Eastern Europe.

1982 ◽  
Vol 45 (1) ◽  
pp. 67-73
Author(s):  
Géza Fehérvári

Recent years have witnessed an increasing interest in Turkish art and architecture, an interest that embraces not only the monuments in Turkey proper but also those which were erected in south-eastern Europe during the Ottoman occupation. Thus a few years ago, when in conjunction with the World of Islam Festival a symposium was held in Edinburgh dedicated to Islam in the Balkans, the participants dealt with Islamic monuments in Bulgaria, Rumania, Greece and Yugoslavia. The Ottoman monuments of Hungary are admittedly not as numerous as those of these south-east European countries; nevertheless,they represent the achievements of a period which is justifiably called the ‘classical’ period in Ottoman art.


2010 ◽  
Vol 22 (3) ◽  
pp. 289-307 ◽  
Author(s):  
Éva Fodor ◽  
Anikó Balogh

This paper explores the determinants of gender role opinions in 13 post-communist Eastern European societies using survey data from the project EUREQUAL. Our main findings consist of two parts. First, contrary to the expectations of scholars who emphasize the lack of gender/feminist consciousness in Eastern Europe, we argue that gender indeed is an important determinant of gender role opinions in post-communist societies: as elsewhere women express more liberal attitudes than men. Second, we argue that the interaction of other determinants of gender role opinions with gender also follows patterns described in the literature for more developed capitalist countries. In this respect, therefore, East European countries seem to fit the general trends of gender role opinion formation. As explanation we point to a connection between women’s material conditions and their gender role attitudes, not denying the importance of cultural difference – if primarily as exception – to this process. Zusammenfassung Dieser Artikel untersucht, auf Basis von Umfragedaten des EUREQUAL-Projektes, die Determinanten von Einstellungen zu Geschlechterrollen in 13 postkommunistischen osteuropäischen Gesellschaften. Unsere Hauptergebnisse bestehen aus zwei Teilen. Erstens: Wir legen dar, dass – entgegen den Erwartungen von Wissenschaftler(inne)n, die das Fehlen eines Gender- oder feministischen Bewusstseins betonen – dass Gender in postkommunistischen Gesellschaften tatsächlich eine wichtige Determinante der Meinungen über die Geschlechterrollen ist: Wie auch anderswo bringen Frauen liberalere Einstellungen als Männer zum Ausdruck. Zweitens: Wir argumentieren, dass die Interaktion anderer Determinanten der Meinungen zu den Geschlechterrollen mit Gender gleichfalls den Mustern folgt, die in der Literatur im Bezug auf weiter entwickelte kapitalistische Gesellschaften beschrieben werden. In dieser Hinsicht scheinen die osteuropäischen Gesellschaften sich den allgemeinen Trends der Herausbildung von Meinungen zu den Geschlechterrollen anzugleichen. Zur Erklärung verweisen wir auf den Zusammenhang zwischen den materiellen Lebensbedingungen von Frauen und ihren Einstellungen zu den Geschlechterrollen, ohne jedoch die Bedeutsamkeit kultureller Unterschiede – wenn sie auch eher Ausnahmen sind – abzustreiten.


2019 ◽  
Vol 44 (3) ◽  
Author(s):  
Barry John Tolmay

Ten years before the collapse of communism, there were warning signs that the Soviet Union’s economy was becoming crippled. Soviet authorities controlled and influenced the Russian Orthodox Church and they jailed leaders of the church in all East European countries. The fall of the Berlin wall created a turning point in Christianity in 1989. More than 8 000 Russian Orthodox Churches were reopened between 1990 and 1995. The nineties could be described as a time of hope regarding religious revival in Eastern Europe. In this paradigm shift, freedom of religion became officially recognised as a basic human right and a multitude of denominations became free to compete for followers. In Prague, Cardinal Miroslav VIk had ministered clandestinely to Catholics while officially working as a window-washer during communist rule. He was known by the people as the “generous pastor.” After the Velvet Revolution, he became bishop and later cardinal in the Czech Republic. In many East European countries, religion and national identity are closely entwined. According to the Pew Research Centre report on Christianity, in Eastern Europe there was a sustainable increase in religious activities from the early 1990s until 2017. The fall of the Berlin wall had a significant influence on South Africa. It helped South Africa in its democratic process. The once dominating neo-Calvinistic control of society was replaced by a new paradigm of democratic freedom and an equal religious stance by the new government elected in 1994.


2005 ◽  
Vol 7 (1) ◽  
pp. 175-181 ◽  
Author(s):  
Michael Cox ◽  
Caroline Kennedy-Pipe

Cox and Kennedy-Pipe offer a staunch defense of their article, arguing that the commentators generally missed the point of what the article was supposed to accomplish.Rather than providing an exhaustive account of the early Cold War and all the complications posed by Germany, the article sought to distill the essence of U.S.and Soviet strategies.The basic problem, as highlighted in the article, is that the United States would not accept the extension of Soviet in fluence into Eastern Europe and that, in opposing and seeking to roll back Soviet in fluence, U.S.of ficials sealed the fate of the East European countries.


2019 ◽  
Vol 33 (3) ◽  
pp. 677-690
Author(s):  
Sergiu Gherghina

This article is part of the special cluster titled Political Parties and Direct Democracy in Eastern Europe, guest-edited by Sergiu Gherghina. Extensive research has shown how political parties use referendums to achieve their goals. Most studies use either a policy-oriented or an institution-based approach to explain parties’ actions. In spite of much empirical evidence, to date the analytical dimensions have not been put together to facilitate the study of referendum instrumentalization across countries. This article makes a first step in that direction and proposes a typology that distinguishes between the goals and types of action of political parties. The theoretical reasoning behind such a typology is then backed by empirical evidence from the five East European countries included in the special section of this journal.


2021 ◽  
Vol 37 (3-4) ◽  
pp. 171-200
Author(s):  
Mirza Hebib

In the Roman legal tradition, but also in modern civil law systems, the term commorientes (lat. commorientes) refers to persons who died in the same accident or other danger, standing in a legal position relevant to inheritance law. In connection with the resolution of such situations in the theory of private law, various legal presumptions have been developed since the period of classical Roman law. All these presumptions can be systematized within two basic concepts - the first based on the presumption of survival of subjects and the second based on the presumption of the simultaneous death of subjects. Comparatively, in the development of European private law, there has been a reception of both concepts, with the proviso that over time the concept of simultaneity will almost completely suppress the concept of survival. The paper analyzes the reasons for this. In establishing a link between Roman roots and European private law, special attention is given to the possibility of applying presumptions in cases where there is a certain spatial or temporal distance between the deaths of persons or if a different cause has led to fatal consequences. Ultimately, the paper clearly points to the importance of Roman rules, which can sometimes be fundamental in understanding the institutes of contemporary private law.


2016 ◽  
Vol 30 (1) ◽  
pp. 97-119 ◽  
Author(s):  
Marek Kucia

Drawing upon developments in cultural and social memory studies and Europeanization theory, this article examines the Europeanization of Holocaust memory understood as the process of construction, institutionalization, and diffusion of beliefs regarding the Holocaust and norms and rules regarding Holocaust remembrance and education at a transnational, European level since the 1990s and their incorporation in the countries of post-communist Eastern Europe, which is also the area where the Holocaust largely took place. The article identifies the transnational agents of the Europeanization of Holocaust memory—the European Union’s parliament, the International Holocaust Remembrance Alliance, the Council of Europe, the Organization for Security and Cooperation in Europe, and its Office for Democratic Institutions and Human Rights, as well as the United Nations. It analyzes chronologically the key Holocaust-related activities and documents of these agents, highlighting East European countries’ varied and changing position towards them. It examines synchronically the outcome of the Europeanization of Holocaust memory by these transnational agents—a European memory of the Holocaust—identifying its key components, discussing the main aspects, and illustrating the impact of this process and outcome upon the memory of the Holocaust in the East European countries. The article argues that the Europeanization of Holocaust memory has significantly contributed to the development of Holocaust memory in Eastern Europe, although other agents and processes were also involved.


2003 ◽  
Vol 9 (1) ◽  
pp. 74-80
Author(s):  
Balàzs Németh

The challenges of the new millennium are turning everything upside down. Modernisation, globalisation, and a change of paradigm since 1989 have altered our perspectives of the mechanisms by which the societies of Central and Eastern European countries operate. Life expectancy has increased throughout the world, overpopulation has stopped in Europe, and integration movements have exerted increasing influence, constraining societies by outlining and reshaping not only the ‘map of the future’, but also of sub-systems and groups of societies of Central and Eastern Europe. It is evident that, in future societies, the real wealth generated from natural and social resources will depend upon the quality and wealth of human resources. This article scrutinises this issue within the context of lfelong learning.


1998 ◽  
Vol 2 (2) ◽  
pp. 158-179 ◽  
Author(s):  
John W Cairns

This article, in earlier versions presented as a paper to the Edinburgh Roman Law Group on 10 December 1993 and to the joint meeting of the London Roman Law Group and London Legal History Seminar on 7 February 1997, addresses the puzzle of the end of law teaching in the Scottish universities at the start of the seventeenth century at the very time when there was strong pressure for the advocates of the Scots bar to have an academic education in Civil Law. It demonstrates that the answer is to be found in the life of William Welwood, the last Professor of Law in St Andrews, while making some general points about bloodfeud in Scotland, the legal culture of the sixteenth century, and the implications of this for Scottish legal history. It is in two parts, the second of which will appear in the next issue of the Edinburgh Law Review.


Author(s):  
Detlef Liebs

Abstract Four kinds of Romans in the Frankish kingdoms in the 6th to 8th centuries. Roman law texts from Merowingian Gaul make a difference between cives Romani, Latini and dediticii, all considered as Romans. This difference mattered only to slaves who had been freed. The status of Latin and dediticius was hereditary, whereas the descendants of one who had been freed as civis Romanus were free born Romans, who should be classified as a proper, a fourth kind of beeing Roman; it was the standard kind. The difference was important in civil law, procedural law and criminal law, especially in wergeld, the sum to be payed for expiation when somebody had been killed: Who had killed a Roman, had to pay different sums according to the status of the killed.


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