scholarly journals Constitutional and legal status of the Constitutional Council of France

2020 ◽  
pp. 138-141
Author(s):  
Andrey Irkliienko
Keyword(s):  
Legal Status ◽  
The State ◽  
Constitutional Court ◽  
Dual Nature ◽  
National Assembly ◽  
Binding Force ◽  
The Republic ◽  
Made In

he Constitutional Council of France is a body of constitutional control established by the Constitution of 1958. The ConstitutionalCouncil is not the only body that carries out the control over constitutionality. The peculiarity of constitutional control in France consistsin the fact that it has a dual nature and goes beyond well-known models of constitutional control. The constitutionality of acts, issuedby the Parliament, is considered by the Constitutional Council, and after the executive bodies do that, it is passed on to the State Council.Despite the fact that the Constitutional Council is not nominated by a court, its decisions, by their essence, are judicial acts and,likewise the decisions of the Constitutional Court of Ukraine, are endowed with the property of binding force. They are obligatory forall administrative and judicial bodies and are not subjected to revision (the Paragraph 3 of the Article 62 of the French Constitution).However, it should be taken into account that in addition to binding decisions, the Constitutional Council “expresses opinions” that areadvisory in their nature.In addition to carrying out constitutional control, the Constitutional Council has a number of other functions, such as political,advisory and acts as a court to assess the results of elections of deputies to the National Assembly and the Senate, and elections of thePresident of the Republic. Perhaps that is why the Constitutional Council classifies its decisions due to the types of its own powers.Herewith, the noted specific peculiarities are denoted by the Constitutional Council with the help of fixed letter combinations, which are included in the numbers of decision: REF, enacted on referendum issues; ORGA, enacted on issues of the organization of the Cons -titutional Council, etc.Since, despite all the diversity of functions of the Constitutional Council of France, therefore, its main purpose remains the cons -titutional control. Therefore, using the criterion of powers, under which decisions are made, in terms of initial graduation one shouldpoint out the decisions on issues, which are connected with providing compliance of the Constitution with regulatory acts (assuring thepriority of the Constitution), and decisions passed while carrying out other powers.Decisions of the Constitutional Council outstand with being formal and brief. A decision can take literally a few paragraphs. Themost frequently, the Constitutional Council merely refers to a constitutional norm or is limited to the phrase “these provisions do notcontradict the Constitution”, giving guidance and justifying its position in the least.

scholarly journals Obsada godności Muftiego Muzułmańskiego Związku Religijnego a zasady Konstytucji RP

2019 ◽  
Vol 78 ◽  
pp. 61-78
Author(s):  
Paweł Borecki
Keyword(s):  
Legal Status ◽  
The State ◽  
Religious Community ◽  
Constitutional Court ◽  
Constitutional Principle ◽  
European Court ◽  
Religious Associations ◽  
The Republic ◽  
Council Of Ministers ◽  
Relationship Of

In the Muslim Religious Union there is a dispute over the establishment of the Mufti office. From 2016, a schism has arisen in this religious community. This situation is a source of challenges for the authorities of the state administration and the courts in the application of a number of principles of the 1997 Constitution of the Republic of Poland. There are principles: autonomy and independence of religious associations in their scope, legalism, legal certainty or confidence of citizens in the state and their rights. The legal status of the Union is based on anachronistic legislation: the Act of April 21, 1936, on the relationship of the State to the Muslim Religious Union in the Republic of Poland and the statute approved by the Council of Ministers by way of an ordinance of August 26, 1936. In practice, the Muslim Religious Association applies the 2009 internal statute. Religious authorities and courts try to remain neutral and not interfere in the internal dispute in the Muslim Religious Union. This is in line with the standards stemming from the judgments of the European Court of Human Rights and the constitutional principle of autonomy and independence of religious associations in their own rig However, there is a state of legal uncertainty. It is urgent to repeal the Act and the Statute of 1936. This can be done either by a Constitutional Court decision or by passing a new law on the basis of the Muslim Religious Union Agreement with the Council of Ministers.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.

Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?

2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  
Keyword(s):  
Public Health ◽  
The State ◽  
Constitutional Court ◽  
State Of Emergency ◽  
Constitutional Review ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Right ◽  
Epidemiological Situation

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.

scholarly journals Political clientelism in Serbian media - the case of the Tanjug news agency

Sociologija ◽  
2021 ◽  
Vol 63 (1) ◽  
pp. 72-95
Author(s):  
Smiljana Milinkov ◽  
Dinko Gruhonjic
Keyword(s):  
Legal Status ◽  
The State ◽  
State Agency ◽  
State Budget ◽  
News Agency ◽  
The Media ◽  
Media Work ◽  
The Republic ◽  
Research Show ◽  
Political Clientelism

The paper problematizes the presence of political clientelism in the media in the Republic of Serbia. The aim of this research is to point out the examples of establishing mechanisms of clientelistic practice in the media, using the News agency Tanjug as an example. Three analytical categories, which are relevant for perceiving the problem of clientelism, have been included: regulatory framework, financial allocations from the state budget and the reporting of the news agency Tanjug. The results of the research show that the illegal functioning, the unsolved ownership issue, non-transparent financing and unprofessional reporting are characteristics of the media work of Tanjug agency. According to the law, the former state agency was scheduled to stop work by the end of 2015. However, Tanjug still, with unclear legal status and significant financial help from the state, publishes information, some of which were proven to be disinformation. The analysis of examples of unobjective and unprofessional reporting points out to the ignoring of public interest, in order to satisfy the particular interest of the governing political structure, which financially makes Tanjug?s functioning possible, in an illegal manner. This case represents a closed circle of interrelationships on the relation politics-economy-media, through which clientelism is defined, using quid pro quo practice.

scholarly journals Handling of Facts and Strategy in Cicero’s Speech in Defence of King Deiotarus

Nova Tellus ◽  
1970 ◽  
Vol 30 (2) ◽  
Author(s):  
Tamás Nótári
Keyword(s):  
The State ◽  
Critical Situation ◽  
Injured Party ◽  
The Republic ◽  
A Charge ◽  
Real Action ◽  
Made In

The three orationes Caesarianae, i.e., Pro Marcello and Pro Ligario given in 46 and Pro rege Deiotaro delivered in 45 are connected by the fact that the addressee of all of them is Caesar. The speech made in defence of King Deiotarus is the fruit (if possible) of both a legally and rhetorically critical situation: the judge of the case is identical with the injured party of the act brought as a charge: Caesar. Thus, the proceedings, conducted in the absence of the accused, in which eventually no judgment was passed, should be considered a manifestation of Caesar’s arrogance, who made mockery of the lawsuit, rather than a real action-at-law. This speech has outstanding significance both in terms of the lawyer’s/orator’s handling of the facts of the case under circumstances far from usual, and in the development of the relation between Cicero and Caesar. We can also observe some thoughts on the theory of the state framed by Cicero, the fight against Caesar’s dictatorship gaining ground, for the sake of saving the order of the state of the Republic.

scholarly journals ANALISIS PENYELESIAN SENGKETA INTERNAL LEMBAGA NEGARA (STUDI KASUS PELANTIKAN PIMPINAN DEWAN PERWAKILAN DAERAH REPUBLIK INDONESIA PERIODE 2017-2019)

2018 ◽  
Vol 1 (1) ◽  
pp. 364
Author(s):  
Yanzah Bagas Nugraha ◽  
Dwi Andayani Budisetyowati
Keyword(s):  
Supreme Court ◽  
State Institution ◽  
The State ◽  
The Body ◽  
Internal Conflict ◽  
Constitutional Court ◽  
Leadership Tenure ◽  
The People ◽  
The Supreme Court ◽  
The Republic

The establishment of the Regional Representative Council of the Republic of Indonesia so called Dewan Perwakilan Daerah (DPD-RI) at least has two objectives. The first is to enhance justice for the people in the region. Secondly, to expanding and increasing the participation of local communities in national life. The process to form this state institution is done by amending the 3rd amendment of the 1945 Constitution of the Republic Indonesia. However, in doing that  amendment there was an internal conflict within the body of DPD-RI involving the old and the new leaders of this institution last year. The length of leadership tenure which was initially made 5 years was amended to became 2.5 years. The different length of leadership tenure was then canceled by the Supreme Court and it was decided to be the same as other institution such as The People’s Consultative Assembly and The House of Representative in that the leadership tenure should be in accordance with the electoral cycle of 5 years. However, although the regulation of DPD-RI has been canceled, the Supreme Court keeps sending its representative to guide the oath of position of the new DPD-RI leadership. The only regulation that has been introduced by the state was regulation toward conflict between state institutions and this conflict can merely be resolved by the Constitutional Court. Therefore, there is an urgent need for the state to seek solution to solve this problem to prevent the same thing happened to other state institution in the future.

Freedom of Religion and the Legal Status of Churches: A Case Study from the Serbian Constitutional Court

2020 ◽  
Vol 56 ◽  
pp. 487-507
Author(s):  
Tijana Surlan
Keyword(s):  
Human Rights ◽  
Canon Law ◽  
Legal Status ◽  
Freedom Of Religion ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Freedom Of Association ◽  
European Court ◽  
The Law ◽  
The Republic

This article offers a short study of the conjugation of freedom of religion, freedom of association and the legal status of religions and churches. Human rights are elaborated as defined in international human rights law, accentuated by the jurisprudence of the European Court of Human Rights. A compliance case that came before the Constitutional Court of the Republic of Serbia provides a national jurisprudential example useful for the analysis of relations between human rights and the legal status of a church. Analysis of the law is both horizontal and vertical: a description of norms is intertwined with a discussion of principles of identity and equality. The article explores whether the principles of human rights and freedoms and the norms regulating the legal status of a church are consistent with each other; whether these principles are independent and how their mutual relationship influences the application and interpretation of the law; and whether the norms prescribed by international law or in national jurisprudence can be applied independently of canon law, or whether application of the law has to take into account specific religious jurisdictions and relations between churches which are rooted in their autonomous canon law.

LEGAL POSITION OF THE EXECUTOR OF MEDICAL SERVICES AS A SUBJECT OF LEGAL RELATIONS ON VOLUNTARY MEDICAL COSTS INSURANCE

2019 ◽  
pp. 25-35
Author(s):  
Olga Yuryevna Prokuda
Keyword(s):  
Health Services ◽  
Medical Care ◽  
Social Relations ◽  
Legal Status ◽  
Medical Service ◽  
The State ◽  
Medical Services ◽  
State Obligations ◽  
The Republic ◽  
Policy Priority

With the transition of the economy of the Republic of Belarus to market relations, it became necessary to search for new sources of income for financing socially important spheres of social relations. The social policy priority areas of the Republic of Belarus are the protection of citizen’s health and the provision of quality medical care. At the same time, the state is not able to provide the population with free medical care of adequate volume and quality. State obligations to provide such assistance are not fully provided with financial resources. The growing public demand for health services requires additional sources of funding. We believe that additional sources of financing for health services can be provided by health insurance. However, the minimum state guarantees of citizens for free medical care should also be fixed at the legislative level. We consider legal status of the independent subject of relations on voluntary medical insurance – the executor of medical service. Also we substantiate the expediency of fixing at the legislative level of medical service Institute executor. As the executor of medical services it is offered to consider not only the organizations of health care of the state and non – state forms of ownership providing medical care, but also other subjects which according to the legislation of Republic of Belarus, are authorized to carry out medical activity-individual entrepreneurs and other organizations.

scholarly journals The Rights Of The Constitutional Court's Decision On The House Of Representatives 'Representatives About The President's Prospective And / Or The President's Vice Representatives According To The State Basic Law Of The Republic Of Indonesia Year 1945

2019 ◽  
Author(s):  
Fahri Bachmid ◽  
Said Sampara ◽  
La Ode Husen
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
The State ◽  
Political Institution ◽  
Vocational School ◽  
Constitutional Court ◽  
Basic Law ◽  
The Law ◽  
The Republic ◽  
Legislative Assembly

This study examined the rights of the constutional court’s decision on the house of representative’s representatives about on the president prospective and/ or the president’s vice private vocational school by the state basic state of the Republic of Indonesia year 1945. The purpose of this study is to find out the mechanism of the Constitutional Court in examining, adjudicating and deciding the opinion of the People's Legislative Assembly that the President and / or Vice President have violated the law in the form of treason against the state, corruption, bribery, other serious criminal acts, disgraceful acts, and / or the opinion that the president and / or the vice president no longer meets the requirements as President and / or Vice President. And also To find out the decision of the Constitutional Court as a binding judicial institution on the opinion of the House of Representatives followed up by the MPR as a political institution that the President and / or Vice President has violated the law in the form of treason, corruption, bribery, other serious crimes, disgraceful acts and / or the opinion that the president and / or vice president no longer fulfill the requirements as President and / or Vice President.

scholarly journals POLITIK HUKUM KEWENANGAN KONSTITUSIONAL DEWAN PERWAKILAN DAERAH DALAM PROSES LEGISLASI PASCA PUTUSAN MK NOMOR 92/PUU-X/2012

2015 ◽  
Vol 4 (3) ◽  
pp. 365
Author(s):  
Anna Triningsih
Keyword(s):  
House Of Representatives ◽  
State Institution ◽  
The State ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Historical Approach ◽  
The Law ◽  
The Republic ◽  
Laws And Regulations

<p>Undang-Undang Nomor 17 Tahun 2014 tentang Majelis Permusyawaratan Rakyat, Dewan Perwakilan Rakyat, Dewan Perwakilan Daerah, Dan Dewan Perwakilan Rakyat Daerah (UU MD3) pasca putusan Mahkamah Konstitusi (MK) dinilai memiliki problem substantif/materil akibat materi muatannya bertentangan dengan Undang-Undang Negara Republik Indonesia Tahun 1945 (UUD NRI 1945), yang mengakibatkan kerugian konstitusional terhadap Dewan Perwakilan Daerah (DPD), meliputi dikuranginya kewenangan DPD untuk dapat mengajukan (Rancangan Undang-Undang) RUU, dikuranginya kewenangan DPD untuk membahas RUU dan dikuranginya kewenangan DPD dalam kedudukannya sebagai lembaga perwakilan daerah. Hal ini menunjukan bahwa pembentukan UU MD3 nyata-nyata tidak menghormati putusan MK yang diberi mandat UUD NRI 1945 sebagai lembaga penafsir dan penjaga konstitusi, dengan tidak menghormati, mematuhi, dan melaksanakan putusan MK ini menunjukkan ketidakpatuhan terhadap putusan lembaga negara yang telah ditunjuk konstitusi untuk mengawal kemurnian pelaksanaan konstitusi. Penelitian ini menggunakan metode normatif menggunakan pendekatan perundang-undangan ( statute approach ), pendekatan konsep ( conceptual approach ), dan pendekatan historis ( historical approach ). Ketidaktaatan penyusunan UU MD3 pada putusan MK merupakan pengingkaran UUD NRI 1945 dan perkembangan ini merupakan langkah mundur reformasi. Pembentuk Undang-Undang, dalam hal ini, Dewan Perwakilan Rakyat (DPR) dan Presiden harus segera melakukan perubahan UU Nomor 12 Tahun 2011 tentang Pembentukan Peraturan Perundang-undangan dengan berpijak pada rambu-rambu konstitusional Putusan MK Nomor 92/PUU-X/2012.</p><p>Law Number 17 Year 2014 on the People’s Consultative Assembly, House of Representatives, Regional Representatives Council, and the Regional House of Representatives (MD3 Law) after the decision of the Constitutional Court (MK) is considered to have a substantive problem due to the substance that is contrary to the 1945 Constitution of the Republic of Indonesia (the 1945 Constitution), which resulted in the constitutional loss of Regional Representatives Council (DPD), including the reduction of DPD authority to propose draft bills, to discuss draft bills and the reduction in its authority as the regional representative institution. This shows that the drafting of MD3 Law is obviously not respecting the decision of the Court that is mandated by the 1945 Constitution as the interpreter and guardian institution of the constitutional, by not respecting, obeying and implementing MK’s decision which indicates non-compliance with the decision of the state institution that has been designated to guard the purity of the constitution implementation of the constitution. This study uses normative method with statute approach, conceptual approach and a historical approach. The noncompliance of the drafting of MD3 Law towards the MK’s decision is a denial of MK and this development is a step back of Reformation. The legislators, in this case, the House of Representatives (DPR) and the President should immediately amend the Law Number 12 Year 2011 on the Establishment of Laws and Regulations based on the MK’s Decision No. 92/PUU-X/2012. </p>

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