scholarly journals The Latvian direct democracy tools in a comparative European context

2020 ◽  
Vol 10 (4) ◽  
pp. 744-788
Author(s):  
Fabio Ratto Trabucco
Keyword(s):  
Direct Democracy ◽  
Legal Framework ◽  
The Other ◽  
European Countries ◽  
European Context ◽  
Baltic Countries ◽  
The Law ◽  
The Republic ◽  
Popular Initiative

This article analyses and compares the legal tools of direct democracy in Latvia and other European countries. Based on comparison, the author draws concludes the shortcomings of the legal framework of direct democracy in the Constitution of the Republic of Latvia. The author analyzes functioning of the direct democracy tools in Latvian practice and compares them with similar tools in other European countries, expressing his criticism towards Latvian legislation on the referendum and people’s initiative, finding that some mechanisms included in the Constitution are old-fashioned and ineffective. The article identifies actual shortcomings of the legal framework of the referendum and popular initiative both at the level of the Constitution and that of the law and makes suggestions for improvements of the mechanisms of direct democracy, particularly taking into account the experience of the other Baltic countries. Este artículo analiza y compara las herramientas legales de la democracia directa en Letonia y en otros países europeos. Sobre la base de la comparación, el autor extrae conclusiones sobre las deficiencias del marco legal de la democracia directa letona. El autor analiza la legislación y la práctica letona sobre el referéndum y la iniciativa popular comparándola con las de otros países europeos, incluido el referéndum sobre la disolución del Parlamento, expresando críticas de que una serie de institutos parecen anticuados e ineficaces. El artículo identifica las deficiencias actuales del marco legal del referéndum y de la iniciativa popular tanto a nivel constitucional como legislativo e indica sugerencias para mejorar los mecanismos de la democracia directa letona, particularmente teniendo en cuenta la experiencia de otros países bálticos.

scholarly journals Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective

2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Legal System ◽  
Legal Framework ◽  
The Other ◽  
Effective Prevention ◽  
Other Hand ◽  
International Obligations ◽  
The Republic ◽  
The One

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.

The Reasons of Low E-Government Take-Up in Europe

2014 ◽  
pp. 200-210 ◽  
Author(s):  
Aykut Arslan
Keyword(s):  
Aggregate Data ◽  
The Other ◽  
European Countries ◽  
Government Services ◽  
European Context ◽  
The One

Despite the efforts in terms of policies and investments, take-up of e-government services is slow, obscuring the overall benefits of e-government itself and still far from satisfactory today. Differences in uptake of e-government services across European countries seem to be independent from the quality and quantity of the supply. The data show a gap between the supply and use of e-government services in general; in other words, suggesting a limited correlation between the provisions of sophisticated e-government services on the one hand and the take-up of e-government services on the other. This signals a broader and diversified situation. To explore the determinants of low e-government take-up in European context, this chapter examines the aggregate data of 29 countries by conducting T-tests and Mann-Whitney U analyses.

scholarly journals Democracy Towards Authoritarianism Under Illiberal Populist Leaders in Hungary and Poland

2019 ◽  
Vol 13 (1) ◽  
pp. 31-48
Author(s):  
Onvara Vadhanavisala
Keyword(s):  
Cold War ◽  
Slovak Republic ◽  
European Countries ◽  
Court System ◽  
The European Union ◽  
The Law ◽  
Law And Justice ◽  
The Republic ◽  
Visegrad Group ◽  
The Eu

Abstract A quarter of a century ago, the Soviet Union dissolved and the Cold War ended. Now the current political era involves a broad challenge to liberal democracy in the European Union. Central European countries such as the Czech Republic, Hungary, the Republic of Poland, and the Slovak Republic (‘the Visegrád Group’) joined the EU in 2004 with the hope that the post-Cold War era would be one of peace and stability in Europe, including (most importantly) the expansion of Europe’s democracy. A turning point came in 2014, however, when the Syrian refugee crisis hit the EU and caused a political ‘about face’. The European refugee and migrant crisis have strengthened right-wing populism among the European countries, including the Visegrád group. Obviously there are certainly similarities between the populist rhetoric of Hungary’s ruling party, Fidesz, and the Law and Justice party (known as PiS) which is governing the Republic of Poland. The two countries appear to be following the same path of becoming ‘illiberal democratic’ states. The templates of authoritarianism which both countries have adopted involve the following: the restriction of civil society and the independence of the media, control of the judiciary and the court system, together with the transformation of the constitutional framework and electoral law in order to consolidate power. This paper analyses two examples of authoritarian populist leaders: first, Viktor Orbán, the Prime Minister of Hungary of the Fidesz Party and, second, Jarosław Kaczyński, a leader of the Law and Justice Party (PiS) in Poland. A brief description of each is provided as a background for the discussion which follows.

Legislation of the Republic of Kazakhstan Regarding Criminal Infractions and the Law Enforcement Practice

2018 ◽  
Vol 9 (1) ◽  
pp. 194
Author(s):  
Aibar S. NURKHAN
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
World Economy ◽  
Criminal Responsibility ◽  
Legal Framework ◽  
Criminal Code ◽  
Comparison Analysis ◽  
State Administration ◽  
The Law ◽  
The Republic

Studying of issues regarding criminal infractions – whether intended or imprudent – plays quite a significant role. Fundamental changes taking part in world economy and politics, globalization processes, as well as internal dynamics of country development, undoubtedly, have impact on national legal framework, including criminal law. Therefore, the main goal of the present paper is the analysis of legislation of the Republic of Kazakhstan regarding criminal infractions and the law enforcement practice. To reach this goal authors have used methods of comparison, analysis and data systematization. As a result it has been found that in Kazakhstan there are at average 4,3 registered criminal infractions per a convict. The term of criminal infraction has appeared in the Criminal Code in 2014 to cover offences of small gravity and administrative violations that cannot be referred to the sphere of state administration. Authors have revealed the punishment in the present day Kazakhstan is not a main form of criminal responsibility realization. In the majority of cases linked to criminal infractions the persons committed them are relieved from criminal responsibility at the stage of prejudicial inquiry.

scholarly journals Steps of the Development and Formation of Regulatory and Legal Framework for State Youth Policy in Uzbekistan

2019 ◽  
Vol 9 (1) ◽  
pp. 3138-3143
Keyword(s):  
Legal Framework ◽  
The State ◽  
Youth Policy ◽  
Normative Documents ◽  
Category System ◽  
The Law ◽  
The Republic

The article analyzes the problem of rounding the processes of formation of the state youth policy in Uzbekistan as a theoretical source of the legislative and legislative acts of the Republic of Uzbekistan in this field. This is due to the fact that these normative documents define the content of a number of concepts that serve as a category system for research in the field. It also reveals that the period of formation of the state youth policy in Uzbekistan is considered as a determinant of the date of adoption of the Law and other legislative acts.

scholarly journals Tax control and inspection supervision in the Republic of Serbia: Characteristics of the legal framework and the need for coordination

Ekonomika ◽  
2021 ◽  
Vol 67 (4) ◽  
pp. 75-90
Author(s):  
Milan Rapajić ◽  
Milivoje Lapčević ◽  
Violeta Miladinović
Keyword(s):  
Tax Evasion ◽  
Legal Framework ◽  
General Law ◽  
Official Control ◽  
Tax Laws ◽  
The Subject ◽  
Comprehensive Reform ◽  
The Law ◽  
The Republic ◽  
Rule Out

Today, the success of entire tax system is viewed through the effectiveness of tax control. Tax control activities are performed by tax inspectors with special authorities, duties and responsibilities, and its purpose is to control whether taxpayers activities comply with tax laws and regulations. With the adoption of the Law on inspection supervision, the Republic of Serbia has implemented a crucial, comprehensive reform of inspection bodies and the process of inspection supervision which has been of great significance for public administration, economy and citizens. The provisions of this law are applied to tax procedures based on the principle of subsidiarity, while the activities of tax inspection are mostly based on the provisions of the Law on tax procedure and tax administration. In tax procedures, the issues which are not regulated by the general Law on inspection supervision, are the subject of another specific law-however, the direct application of the specific law cannot rule out or restrict the application of the law which governs the issues of inspection supervision and official control which are not regulated by the specific law. In this paper, the author discusses the similarities and differences between two laws and solutions for their harmonization underlining their advantages and weaknesses aimed at ensuring the maximum compliance with tax laws and reduction of tax evasion and shadow economy.

scholarly journals Ina Talpă, Sergiu Musteață, Le misure di protezione del patrimonio archeologico nella Repubblica di Moldavia / The Measures for the Protection of Archaeological Heritage in the Republic of Moldova

2017 ◽  
Vol 5 (1) ◽  
pp. 142-156
Keyword(s):  
Cultural Heritage ◽  
Legal Framework ◽  
Heritage Preservation ◽  
Archaeological Heritage ◽  
Republic Of Moldova ◽  
The Law ◽  
The Republic ◽  
International Conventions ◽  
Near Future ◽  
Cultural Heritage Preservation

This article discusses, in general, the cultural heritage preservation legal framework, and, especially, the Law of the Republic of Moldova on Archaeological Heritage Preservation approved by the Moldovan Parliament in 2010. Since the beginning of its independence, Moldova has had very poor legislation on cultural heritage, mostly based on the 1993 Law on monument preservation. But, during the last decade the Moldovan legal framework on heritage it is the improving very much. The 2010 Law on archaeological heritage preservation is the first of its kind in Moldova and was established according to the principles of the European and International Conventions signed by the Republic of Moldova. This paper debates the content of the new law, and light some needs for near future improvements.

Law, the Humanities and Political Incertitude in a Time of Climate Change

Legalities ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 91-115
Author(s):  
Matteo Nicolini
Keyword(s):  
Climate Change ◽  
Legal Framework ◽  
Ecological Crisis ◽  
The Other ◽  
Literary Genre ◽  
The Law ◽  
And Migration ◽  
The One

This article addresses how climate change triggers relevant transformations in the realm of the law and affects our politico-legal paradigms. To this end, it delivers cross-disciplinary research by focusing on a non-fictional literary genre, i.e. climate-change pop-science, which has arisen very recently. The article also explores the concept of ‘strategic formalism’, i.e. a strategic legal device unable to govern societal concerns. On the one hand, it shapes our approach to climate change and migration; on the other, it adapts ecological issues to the ‘traditional’ legal framework. Against this background, the article argues that non-fictional texts also reflect the ideas of the most active forces within society, and fuel dynamism when tackling the ecological crisis. In a time of climate change, these forces stir strategic formalism, and make the law act as a bridge linking our troubled reality to an inclusive future.

Reform of Local Self-government in Serbia – Internal Legal Framework and EU Integration

2018 ◽  
Vol 16 (1) ◽  
pp. 25-45
Author(s):  
Marko Stankovic ◽  
Bojan Milisavljević
Keyword(s):  
Legal Framework ◽  
The Other ◽  
Eu Integration ◽  
The Republic ◽  
European Standards ◽  
Constitutional System ◽  
The One ◽  
The Eu

The paper analyzes Serbian system of local self-government under the Constitution of 2006 and its possible improvements. There are two major aspects of reform. On the one side, there are weaknesses in internal law and practice that were detected in last three decades and six concrete proposals for their correction. On the other side, considering that Serbia negotiates on integration with the EU, some improvements of the system should be a result of that process, fully in accordance with the European standards of local self-government. Reforming the local self-government in both of these directions should lead to better legal framework in the Republic of Serbia and upgrading the constitutional system.

Sign in / Sign up

Export Citation Format

Share Document