scholarly journals Parental Responsibilities to Children in the Republic of Kosovo

2014 ◽  
Vol 4 (1) ◽  
pp. 217
Author(s):  
MSc. Shpresa Ibrahimi ◽  
Dr.Sc. Hamdi Podvorica
Keyword(s):  
Legal Framework ◽  
Customary Law ◽  
Best Interests ◽  
The European Union ◽  
Development Education ◽  
Healthy Development ◽  
Positive Law ◽  
Rights Of The Child ◽  
Long Time ◽  
The Republic

For a long time, in Albanian customary law, parental responsibilities were an exclusive competency of fathers. In positive law, especially with the reform of the legal system in the Republic of Kosovo, now both parents are fully equal in exercising parental responsibilities. Children are the future of any society, and therefore, their upraising, education and proper welfare of children is an objective and responsibility not only for the parents, but also of societal and state institutions. Although parent-child relations incorporate moral, biological and legal elements, the absolute power of parents must be shared between parents and proper social and educational policies, in the heart of which are always the best interests of the child.Kosovo has already adopted a complete legal framework, approximated to the standards of the European Union and international instruments which clearly provide on the rights of the child and responsibilities of parents and institutions in enjoying such rights. Within the range of this new legal framework, we make an effort of addressing parental responsibilities, which are exercised in terms of personality of children, and derive as a result of personal non-material relations. Our work is focused on a study of parental responsibilities in terms of giving a personal name, healthy development, education and upraising. We have also analysed several court rulings related to the rights of the child and responsibilities of parents in enjoying such rights, which we believe are to enrich and render the paper more interesting.

scholarly journals Access and the non-custodial parent in the Republic of Ireland

2020 ◽  
Vol 62 (2) ◽  
pp. 199-215
Author(s):  
Anne Egan
Keyword(s):  
Best Interests ◽  
Family Court ◽  
Rights Of The Child ◽  
Parents And Children ◽  
Custodial Parent ◽  
Bona Fide ◽  
United Nations Convention ◽  
The Republic ◽  
Custodial Parents ◽  
The Right

Maintaining a relationship between parents and children following the breakdown of a marriage or relationship can be fraught with difficulties, particularly where acrimony exists between parents. This article explores the right of a non-custodial parent to have access to their child under Irish law and discusses the results of an interview-based study undertaken by the author using qualitative research methods. The interviewees in the study included practitioners as well as separated, divorced and unmarried fathers and mothers who outlined their views on access and the study found that the majority of non-custodial parents had some level of access to their child. The article further outlines the author’s experience of successfully applying to attend family court as a bona fide researcher and discusses some of the results of observations in those courts which reinforced the results of the interview-based study. Article 9(3) of the United Nations Convention on the Rights of the Child (CRC) states that in the event of separation of parents, it is the right of the child to maintain personal relations and contact with both parents. Article 7(1) of the Convention further supports the right of a child to be cared for by his or her parents. These articles have proved useful for fathers’ rights campaigners who advocate that they should have more contact with their children post-separation. The Convention, however, while ratified by Ireland, has not yet been incorporated into Irish law. The article concludes by examining whether the incorporation of the Convention would advance the rights of Irish children to maintain a relationship with their parents, unless such a relationship would be contrary to the children’s best interests. In light of this, this article examines the proposed wording of the Constitutional Referendum on Children which was published in early 2010 and assesses what impact the passing of such a referendum would have on children’s rights in Ireland.

scholarly journals PEMENUHAN HAK ANAK ATAS KESEHATAN DI PROVINSI NANGGROE ACEH DARUSSALAM DI DASARKAN QANUN ACEH NOMOR 11 TAHUN 2008 TENTANG PERLINDUNGAN ANAK

2011 ◽  
Vol 11 (2) ◽  
Author(s):  
Andri Kurniawan
Keyword(s):  
Legal Protection ◽  
The Body ◽  
Best Interests ◽  
Community Life ◽  
Right To Life ◽  
Child Rights ◽  
Rights Of The Child ◽  
Survival And Development ◽  
The Republic ◽  
Body Builder

Qanun Aceh No. 11 of 2008 concerning Protection of Children is based on the perspective that protection of children in all aspects is a part of the development activities and distinctive peculiarities of Aceh and promoting community life and nation in the Republic of Indonesia. Obligation to provide protection to children based on the principles of non-discrimination, the best interests of the child, right to life, survival, and development, and reward for the opinions of children. In the implementation, legal protection of children in Nanggroe Aceh Darussalam not fully comply. Those constraint relating with the legislation, the body builder, body organizer, health facilities and membership. Keywords  :   Qanun, Protection of the Child,  Rights of the Child on Health

Local-level Nudging for Renewables in Slovenia: Organisational Aspects and Legal Limitations

2020 ◽  
Vol 18 (3) ◽  
pp. 523-556
Author(s):  
Luka Martin Tomazic
Keyword(s):  
Renewable Energy ◽  
Local Level ◽  
State Level ◽  
Legal Framework ◽  
Local Energy ◽  
The European Union ◽  
Policy Goals ◽  
National Legal System ◽  
The Republic ◽  
Positive Effect

Proliferation of renewable energy is high on the agenda of the European Union. In it, local government plays an important role. Besides traditional regulatory approaches such as legislation, nudging could have a positive effect on achieving the desired policy goals. This article analyses the legal framework within which the local-level practice of nudging is embedded in the Republic of Slovenia. Since EU-level legislation and ECHR aspects are analysed as well, the application of findings is broader than merely the national legal system. Nudging could be performed either by using the existing infrastructure or through the creation of local energy organisations. Three main groups of legal limitations are identified, namely state-level limitations, GDPR-related concerns and constitutional or human rights considerations. Defaults and individualised informing are emphasized as two of the most promising nudge-types in the field of renewable energy.

scholarly journals Legal Development of Coastal Marine Management Based on the Idea of Pancasila

2018 ◽  
Vol 4 (1) ◽  
pp. 113
Author(s):  
Jantje Tjiptabudy
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
The State ◽  
Customary Law ◽  
Marine Management ◽  
Positive Law ◽  
Coastal Marine ◽  
The Republic ◽  
The Government ◽  
Marine Areas

In relation to the positive law, the management of marine and coastal natural resources, there is also the rule of customary law. Customary law that still lives and develops in indigenous peoples also regulates the management system and utilization of natural resources in coastal and marine areas. Recognition of the rights of indigenous peoples is constitutionally contained in the 1945 Constitution of the State of the Republic of Indonesia where the state recognizes the existence of the Customary Law Community. In Maluku, marine potency management in general is still done traditionally known as marine customary rights that have been going on for generations but not yet fully recognized either by the government or entrepreneurs who are actually important partners in the development process.

scholarly journals Modified Legal Framework and Opening of the Liner Shipping Market in the Republic of Croatia to Shipping Companies from the European Economic Area

2017 ◽  
Vol 6 (2) ◽  
pp. 140-146
Author(s):  
Nikola Mandić
Keyword(s):  
European Union ◽  
Public Transport ◽  
Legal Framework ◽  
Liner Shipping ◽  
Transitional Period ◽  
European Economic Area ◽  
The European Union ◽  
European Economic ◽  
Economic Area ◽  
The Republic

Generally speaking, public transport is the transport of persons and cargo available for use to the general public, performed on the basis of a transport contract. Public transport costal liner shipping is the transport of passengers, cargo and vehicles in the internal marine waters and territorial sea ofthe Republic of Croatia performed on pre-established lines in compliance with the published terms and conditions of the sailing schedule and services pricelist. The Act on Transport in Liner Shipping and Occasional Costal Maritime Transport established the public transport system in the Republic of Croatia, ensuring regular connection of inhabited islands with the mainland and other inhabited islands, as well as between coastal towns, with an appropriate number of daily two-way connections, to improve the conditions of island life and stimulate their development. Prior to the accession of the Republic of Croatia to the European Union, the maritime liner shipping market in the Republic of Croatia was reserved primarily for Croatian shipping companies. Now, following the expiry of the transitional period negotiated in pre-accession negotiations with the European Union and the expiry of previously concluded concession contracts, the market is opening up to shipping companies from the European Economic Area. Hence, over the last couple of years, the Republic of Croatia was required to modify its legal framework regulating this subject matter. This paper presents novelties in the legal framework introduced in 2016 and 2017, which directly affect the opening of the maritime liner shipping market in the Republic of Croatia to shipping companies from the European Economic Area, with the critical analysis of the new solutions.

scholarly journals Kepastian Hukum dalam Politik Hukum di Indonesia

2020 ◽  
Vol 3 (1) ◽  
pp. 114-123
Author(s):  
Fadly Andrianto
Keyword(s):  
Research Methods ◽  
Customary Law ◽  
The Political ◽  
Legal Certainty ◽  
Current Development ◽  
Positive Law ◽  
Second Amendment ◽  
The Republic ◽  
Article 50 ◽  
Article 5

This study aims to determine the development of legal certainty issues within the scope of law in Indonesia. This research uses normative juridical research methods. The results of the research are that in the discussion of the Second Amendment of the 1945 Constitution of the Republic of Indonesia NRI Article 28I (1) which contains legal certainty is basically proposed based on the political objectives of a particular group and does not answer the issue of legal certainty that actually occurs in Indonesia between positive law and customary law of the Indonesian people. The issue of legal certainty in Indonesia between positive law and customary law of the Indonesian people in its development was then resolved by Law Number 48 of 2009 concerning Judicial Power, namely in Article 5 paragraph (1) and Article 50 paragraph (1). Furthermore, with the enactment of Law Number 6 of 2014 concerning Villages. Current development regarding the issue of legal certainty in Indonesia is in the RUU KUHP.Keywords: Legal Certainty; Positive Law; Customary Law  Abstrak Penelitian ini bertujuan untuk mengetahui perkembangan isu kepastian hukum dalam ruang lingkup hukum di Indonesia. Penelitian ini menggunakan metode penelitian yuridis normatif. Hasil penelitian yaitu bahwa dalam pembahasan Amandemen Kedua UUD NRI 1945 Pasal 28I ayat (1) yang memuat tentang kepastian hukum pada dasarnya diajukan berdasarkan tujuan politis suatu golongan tertentu dan tidak menjawab mengenai isu kepastian hukum yang sebenarnya terjadi di Indonesia antara hukum positif dan hukum adat masyarakat Indonesia. Isu kepastian hukum di Indonesia antara hukum positif dan hukum adat masyarakat Indonesia dalam perkembangannya kemudian diselesaikan dengan UU Nomor 48 Tahun 2009 tentang Kekuasaan Kehakiman yaitu dalam Pasal 5 ayat (1) dan Pasal 50 ayat (1). Selanjutnya dengan diundangkannya Undang-Undang Nomor 6 Tahun 2014 tentang Desa. Perkembangan saat ini mengenai isu kepastian hukum yang ada di Indonesia yaitu dalam RUU KUHP. Kata Kunci: Kepastian Hukum; Hukum Positif; Hukum Adat 

scholarly journals Social inclusion policies and programs in the field of housing in the Republic of Serbia

2021 ◽  
Vol 18 (3) ◽  
pp. 157-172
Author(s):  
Suzana Mihajlović-Babić
Keyword(s):  
Social Inclusion ◽  
Public Policies ◽  
Support Programs ◽  
The European Union ◽  
Legal Documents ◽  
Theoretical Approaches ◽  
Long Time ◽  
The Republic ◽  
Policies And Programs ◽  
Housing Deprivation

Homelessness and inadequate housing were out of public policies focus in Europe for a long time. Different theoretical approaches in defining both of these terms, as well as their different manifestations, have resulted in limited activity of the European Union and European countries in formulating housing support policies and programs for vulnerable populations. The subject of this paper are housing support programs in the Republic of Serbia, with the aim of social inclusion of poor population. The objectives of the paper are to describe, analyze and compare available housing support programs in Europe and Serbia, while the method of research is content analysis of relevant political, strategic and legal documents in this field. Based on the analysis, it is concluded that there is a narrow understanding of the concept of homelessness and housing deprivation in public policies in our country, that no specific national strategy is represented and that the programs are dominantly focused on emergency and temporary accommodation services.

scholarly journals Legal framework for establishing a single maritime transport space without barriers

2016 ◽  
Vol 52 (1) ◽  
pp. 165-182
Author(s):  
Biserka Rukavina ◽  
Loris Rak ◽  
Silvana Buneta
Keyword(s):  
European Union ◽  
Information System ◽  
European Commission ◽  
European Parliament ◽  
Legal Framework ◽  
Traffic Monitoring ◽  
Maritime Transport ◽  
The European Union ◽  
Member States ◽  
The Republic

This paper provides an overview of activities of the European Commission for establishing a single European maritime transport space and indicates whether and to what extent the adopted strategy documents have established their operations in practice. Directive 2010/65/EU of the European Parliament and of the Council on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/ EC, as well as Directive 2002/59/EC of the European Parliament and of the Council establishing the Community vessel traffic monitoring and information system, which represent significant legislative achievements of the European Union in the process of reducing administrative burdens to which ships are exposed in the maritime transport, are particularly analyzed. Reasons for amending Directive 2002/59/EC are especially explained. In the last part of the paper, authors review the achievements of the Republic of Croatia regarding the implementation of measures for the establishment of a single European maritime transport space. Based on the results of a comparative overview of solutions contained in the Directives and Croatian bylaws, authors point to the existence of non-compliance and to the need for further action.

FORMATION OF THE MOLDOVAN LOCAL SELF-GOVERNMENT SYSTEM IN THE CONTEXT OF EUROPEAN INTEGRATION (1990S)

2021 ◽  
pp. 53-85
Author(s):  
Elena A. Kosovan ◽  
Keyword(s):  
European Union ◽  
Soviet Union ◽  
Institutional Environment ◽  
Legal Framework ◽  
Formal Structure ◽  
The European Union ◽  
Republic Of Moldova ◽  
The Soviet Union ◽  
The Republic ◽  
Decentralization Reform

The article considers the process of formation of the institutional and legal framework for the local self-government system in the Republic of Moldova. Chronologically, the study covers the first decade after the collapse of the Soviet Union. The author places the formation of the national local self-government system in the context of the European vector of Moldovan foreign policy, analysing the process (especially the implementation of the so- called “decentralization reform”) from the perspective of Moldova’s interaction with the European Union and the Council of Europe. The theories of formal structure and social imitation provide the conceptual framework for the study. The author briefly describes the Soviet self-government system, the gradual abandonment of which was the essence of the reforms of the 1990s, and touches upon the organization of self-governance according to the Anglo-Sax- on and Continental models and the modern systems of self-governance existing in the European Union, to which the Republic of Moldova aspires to become a member. The article consecutively analyses the stages of work of Moldovan legislators aimed at the formation of local authorities, evaluating its results both in terms of compliance with European norms and principles of local self-government organization and in the context of the national ethno-political, institutional and legal, civil and political specificity. According to the author’s hypothesis, the Republic of Moldova builds a system of local self-government by introducing elements of its institutional environment (European principles of regionalization and deconcentration) into its formal structures, but proceeds not so much from their compliance with specific goals and objectives of the Moldovan state, its political, economic and sociocultural specificities, as from their symbolic weight and ability to legitimize Moldova on the international scene as a state successfully undergoing a democratic transition.

THE EUROPEAN DIMENSION OF PUBLIC-PRIVATE PARTNERSHIP AND EXPERIENCES IN TOURISM OF THE REPUBLIC OF CROATIA

2009 ◽  
Vol 15 (1) ◽  
pp. 85-100
Author(s):  
Vinka Cetinski ◽  
Marko Perićć ◽  
Violeta Sugar
Keyword(s):  
Well Being ◽  
Public Private Partnership ◽  
Successful Implementation ◽  
The European Union ◽  
Development Education ◽  
Private Partnership ◽  
Public Marketing ◽  
The Public ◽  
Advantages And Disadvantages ◽  
The Republic

Public-private partnership (PPP) is a method for developing sustainable development that has been proven worldwide and endorsed in practice, and its ultimate aim is to increase the overall well-being of society. In a variety of ways, it brings together the interests of the public, private and civil sector in meeting specific needs for augmenting the quality and/or availability of services and products The European Union (UN) has not always supported the co-financing of projects devised as PPP. Recently, however, it has begun to encourage a wider application of this form of financing that demonstrates a huge potential in accomplishing public services, that is, projects intended for the public. Marketing and promotion, product development, education, financing and investment, and environmental protection are but some of the areas of public-private collaboration in tourism in a global setting. The purpose of this paper is to provide an outline of world experience and practice in PPP with emphasis on the EU, so that Croatia, by taking under consideration these experiences, advantages and disadvantages, may define an appropriate legal and business framework and identify the criteria for the successful implementation of PPP in its economy, and in particular, in tourism, one of its highest-growth industries.

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