scholarly journals Status prawny mniejszości narodowych w Republice Słowackiej

2021 ◽  
Vol 15 ◽  
pp. 93-111
Author(s):  
Aleksandra Puzyniak
Keyword(s):  
Legal Status ◽  
Slovak Republic ◽  
National Minority ◽  
Minority Languages ◽  
The European Union ◽  
National Minorities ◽  
Legal Method ◽  
The Law ◽  
The Republic ◽  
The Government

Położenie mniejszości narodowych na terenie Republiki Słowackiej regulują liczne akty prawne. Wśród nich znajdują się dokumenty przyjmowane na gruncie krajowym oraz rozwiązania o charakterze międzynarodowym. Celem niniejszego artykułu jest przedstawienie treści najważniejszych ustaw oraz dokumentów, które wpływają na położenie mniejszości narodowych na Słowacji, a także przybliżenie reakcji organizacji międzynarodowych na wprowadzane przez Bratysławę regulacje prawne. The legal status of national minorities in the Slovak Republic The location of national minorities in the territory of the Slovak Republic is regulated by numerous national acts, the most important of which are the constitution, the law on the use of national minority languages and the law on the state language. References to national minorities can be found in many other acts, such as the Act on counteracting discrimination, the Act on Upbringing and Education and the Act on Radio and Television. The issue of minorities is also raised in bilateral agreements, an example of which is the agreement on good neighbourliness and friendly cooperation between the Slovak Republic and the Republic of Hungary. The legal situation of minorities in Slovakia is also influenced by international organizations to which Bratislava belongs. In this case, the Council of Europe’s most significant influence, the European Union, the Central European Initiative and the United Nations. Over the years, the Slovak authorities have also created institutions responsible for activities for national minorities, and among them, an important function is performed by the Government Plenipotentiary of the Slovak Republic for National Minorities. This article aims to analyse the legal acts and institutions regulating the legal status of national minorities in Slovakia. The publication is also intended to show that the issue of minorities is covered in many legal solutions, and the Slovak authorities have developed a system of protection and support for this community over the years. The author used the institutional and legal method.

scholarly journals Mniejszość węgierska w polityce rządu Republiki Słowackiej w latach 1993‑1998

Politeja ◽  
2020 ◽  
Vol 17 (3(66)) ◽  
pp. 293-302
Author(s):  
Krzysztof Żarna
Keyword(s):  
North Atlantic ◽  
Slovak Republic ◽  
The European Union ◽  
Prime Ministers ◽  
Bilateral Agreements ◽  
Slowing Down ◽  
The North ◽  
Legal Method ◽  
The Republic ◽  
The Government

The Hungarian Minority in the Policy of the Government of the Slovak Republic in 1993‑1998 The article deals with the analysis of the policy of the Slovak Republic government towards the Hungarian minority in 1993‑1998. This is the period of the first five years of the country’s existence on the political map of Europe. During this period, Vladimír Mečiar (twice) and Jozef Moravčík served as prime ministers. The study is based on the assumption that in the analyzed period the policy of the Slovak authorities towards the Hungarian minority affected the tense relations between the Slovak Republic and the Republic of Hungary. In addition, it had a decisive impact on slowing down the process of Slovakia’s accession to the North Atlantic Alliance and the European Union. The method of decision analysis found its application in the study, which allowed the presentation of situations and processes that are the culmination of decisions taken by representatives of the Slovak authorities. The institutional and legal method allowed to analyze multilateral and bilateral agreements to which the Slovak Republic was a party, and legal acts.

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.

scholarly journals Ukrainian-Hungarian Relations in the Context of Ukraine’s Euro-Atlantic Aspirations

2020 ◽  
pp. 645-657
Author(s):  
Ihor Todorov
Keyword(s):  
Mother Tongue ◽  
Regional Security ◽  
National Minority ◽  
Bilateral Agreements ◽  
Security Environment ◽  
National Minorities ◽  
The Law ◽  
The Government ◽  
Venice Commission ◽  
Foreign Ministers

The article examines Ukrainian-Hungarian relations against the background of Hungary’s three-year-long veto on meetings of the NATO-Ukraine Commission. The author outlined the origins and essence of the current conflict between Ukraine and Hungary after the adoption of the Law of Ukraine ‘On Education’ in September 2017. Hungary believed that Ukraine had violated the rights of the Hungarian national minority as well as several international and bilateral agreements. Throughout the years of Ukraine’s independence, the Hungarian ethnic minority in Transcarpathia has enjoyed the internationally recognised right to study in their mother tongue from primary school to university. This conflict is the reason why Hungary has vetoed meetings of the NATO-Ukraine Commission. The law was sent to the Venice Commission for expert legal assessment, but its recommendations did not reduce tensions between Kyiv and Budapest. They still have different interpretations of the opinion of the Venice Commission. The Alliance called on the parties to resolve the dispute bilaterally without taking it to the NATO level, but numerous bilateral talks at the level of foreign ministers, ministers of education, and representatives of national minorities did not bear fruit. Based on an examination of Hungary’s official statements, the author claims that the government is determined to protect the national minority by all legal means at the political and diplomatic levels. The article emphasises that both countries could implement joint projects in the fields of energy, regional security, environment, and combating transnational threats. Ukraine and Hungary are part of one region. Promoting cooperation and maintaining general agreement within its boundaries can significantly expand the capabilities of both countries and give them an opportunity to keep the conflict under control. Keywords: Ukrainian-Hungarian relations, NATO-Ukraine Commission, Euro-Atlantic integration of Ukraine, Law of Ukraine ‘On Education’.

Copyright Protection in Albania – A Brief Historical Overview

2015 ◽  
Vol 3 (1) ◽  
pp. 8
Author(s):  
Enejda Osmanaj (Shyti)
Keyword(s):  
Copyright Protection ◽  
Private Property ◽  
Criminal Code ◽  
Civil Code ◽  
Communist Regime ◽  
Historical Overview ◽  
The European Union ◽  
The Law ◽  
The Republic ◽  
The Government

Human creativity flourishes in a suitable environment, which is provided by the existence of an efficient legal system of copyright protection. In general, copyright is protected on national basis therefore the scope of protection and the requirements that must be met to ensure the protection of works and creations, differ from one country to another. Albania has its own legislation for copyright protection, as most of European countries. This paper is a historical overview of copyright legislation development in Albania. History has undeniable impact in a country's legislation. So, Albanian copyright legislation has been changed and improved from stages to stages. Copyright has found protection in Albania’s legislation, initially during the time of King Zog’s Ist (1925-1939) Reign. The Civil Code (1929) marks the first strands of copyright protection in Albania. This Code is referred to the best European legislations of the time. During the communist regime private intellectual creations and works could not be privately owned. The copyright belonged to the state. The government and the totalitarian Albanian state of that time decided to reproduce the work, or allow translation into foreign languages as well as the creation of derivative works. The Civil Code of the Republic of Albania (1981) came into force with new provisions that provided recognition and protection of copyright. After the collapse of the communism the recognition of private property was re-appeared. The authors and creators became owners of their works/performances. Firstly, Albanian Parliament adopted the law no. 7564, dated 19.05.1992 “On copyright”. Thirteen years later, the parliament enacted the Law no. 9380, dated 28.04.2005 “On copyright and other rights related to” that incorporated the provisions of the European Union Directives on Copyright Protection. Currently, the protection of copyright is provided even through some provisions of other legal acts, such as: Constitution of the Republic of Albania (1998), law no.7961/1995 “On the Labor Code of the Republic of Albania” (amended), Law no. 7895 /1995 “Criminal Code of the Republic of Albania” (amended), Law no. 7859 /1994 “On the Civil Code of the Republic of Albania” (amended) etc. In addition to the national legislation, Albania has ratified a number of international acts, which intend to protect copyright etc.

scholarly journals Position of Serbian minorities in neighboring countries in the light of European integration and geopolitical processes

Vojno delo ◽  
2020 ◽  
Vol 72 (2) ◽  
pp. 37-55
Author(s):  
Nada Raduški
Keyword(s):  
Legal Status ◽  
National Minority ◽  
The European Union ◽  
Ethnic Conflicts ◽  
International Regulation ◽  
National Minorities ◽  
The Status ◽  
New States ◽  
European Standards ◽  
In The Beginning

Within contemporary geopolitical processes, respect for the rights of national minorities is no longer the discretion of a state, but rather is an indirect or direct international regulation of the minority issue. In the beginning of the 1990s, the political economical crisis and disintegration of the former SFRY opened the national question, that was considered to be permanently and successfully solved, in the most dramatic way, and ethnic conflicts and clashes followed the desintegration of the country. With the formation of a new states on the territory of the former Yugoslavia, the existence of numerous and different national minorities ("old" and "new") required a different approach to their protection and integration in complex political circumstances. Thus, the position of the so called new minorities drastically changed since they formed constituent nations in the former SFRY, while after secession they remained separated from their home nations and became national minorities almost overnight. Out of Serbia, in former Yugoslav republics live nearly half a million persons belonging to Serbian nationality as new national minority. The paper discusses the position and rights of the Serbian minority in the post Yugoslav states (Slovenia, Croatia, Northern Macedonia, Montenegro) as well as in some neighboring member states of the European Union (Hungary, Romania, Bulgaria). In addition to the analysis of basic demographic indicators (number and spatial distribution) that determine the realization of the rights and freedoms of each minority, the paper examines the issue of protecting the national, cultural and linguistic identity of Serbs, as well as the ways of its preservation and improvement. Although the social and legal status of the Serbian minority is determined by European standards, the analysis points to their undefined status, since they still do not recognize the status of a national minority in some countries, and that they are in practice faced with more or less assimilation. In order to fully realize minority rights and improve the position of the Serb minority, ratified international documents, bilateral agreements, national laws, as well as well-designed policies and assistance from the home state are of great importance.Respecting basic human rights and freedom, as well as national minority protection, represent the basic factors of stability, security and democratic and socio-economic development of every country.

Wyzwanie dla tożsamości międzynarodowej Macedonii – grecko macedoński spór o nazwę państwa

2019 ◽  
Vol 17 (1) ◽  
pp. 333-350
Author(s):  
Artur Adamczyk ◽  
Mladen Karadzoski
Keyword(s):  
The European Union ◽  
Small Country ◽  
Main Obstacle ◽  
The Road ◽  
Republic Of Macedonia ◽  
The Republic ◽  
The Government ◽  
On The Road ◽  
International Identity ◽  
Of Greece

The main purpose of the article is to present how the Greek- -Macedonian naming dispute influenced the problem of implementation the international identity of Macedonia. Despite the initial problems of the government in Skopje related to determining their international identity, Macedonians managed to define the principles regarding the identification of a new state on the international stage. As a small country with limited attributes to shape its international position, Macedonia has basically been determined to seek guarantees for its existence and security in stable and predictable European international structures such as NATO and the European Union. The main obstacle for Macedonians on the road to Euro-Atlantic structures was the veto of Greece, a member of these organizations, resulting from Athens’ refusal to accept the name the Republic of Macedonia. The Prespa Agreement of 2018 gave a new impetus to the realization of the international identity of North Macedonia.

Prospects for European Integration of the Republic of Moldova and the Constitutional Component

2021 ◽  
pp. 84-89
Author(s):  
K. Gylka
Keyword(s):  
European Union ◽  
European Economic Community ◽  
European Countries ◽  
Minority Languages ◽  
The European Union ◽  
Economic Community ◽  
European Continent ◽  
European Economic ◽  
Economic Relations ◽  
The Republic

The European Union (EU) is an economic and political union of 28 European countries. The population is 508 million people, 24 official and working languages and about 150 regional and minority languages. The origins of the European Union come from the European Coal and Steel Community (ECSC) and the European Economic Community (EEC), consisting of six states in 1951 - Belgium, France, Germany, Italy, Luxembourg and the Netherlands. These countries came together to put an end to the wars that devastated the European continent, and they agreed to share control over the natural resources needed for war (coal and steel). The founding members of ECSC have determined that this European project will not only be developed in order to share resources or to prevent various conflicts in the region. Thus, the Rome Treaty of 1957 created the European Economic Community (EEC), which strengthened the political and economic relations between the six founding states. The relevance of the topic stems from their desire of peoples and countries to live better. The purpose of the study is to identify the internal and external development mechanisms of European countries and, on this basis, to formulate a model of economic, legislative and social development for individual countries. The results of the study provide a practical guideline for determining the vector of the direction of efforts of political, economic, legislative, humanitarian, etc.

scholarly journals Pozycja prawna wojewody w procesie przemian II Rzeczypospolitej

2021 ◽  
pp. 9-53
Author(s):  
Krystyna Wojtczak
Keyword(s):  
Local Government ◽  
Interwar Period ◽  
Legal Status ◽  
Local Administration ◽  
Head Of State ◽  
Legal Situation ◽  
State And Local Government ◽  
The Republic ◽  
State And Local ◽  
The Government

The article considers the legal status of the voivode during the interwar period, the time of the difficult restoration of the Polish identity and the creation of the Polish state in the post-Partition lands with three separate systems of territorial division and local administration. The legal situation of the office of the voivode is closely related to the establishment of the systemic foundations of the highest Polish authorities (legislative and executive) and local administration (initially, on the territory of the former Kingdom of Poland and then on the gradually annexed former Polish territories). The author refers to both spheres of legal activity of the Polish state at that time. She discusses the primary political acts, i.e. the March Constitution (1921), the April Constitution (1935) and the Constitutional Act (1926), as well as regulations concerning county administrative authorities of the first instance, situated in the then two-tier (ministries – county offices) administrative apparatus. Attention is primarily focused on the acts directly concerning the position of the voivode, i.e. the Act of 2 August 1919, the Regulation of the President of the Republic of 19 January 1928, and executive acts issued on the basis of these, and against whose background the importance of the legal institution of the voivode is presented: during the time of attempts to unify the administrative system (1918–1928), and in the period of changes leading to a uniform organisational structure of voivodship administrative authorities (1928–1939). The analysis makes it possible to state that successive legal conditions strengthened the political position of the voivode. In both periods covered by the analysis, the voivode was a representative of the government (with broader competences in 1928–1939), the executor of orders from individual ministers, the head of state and local government authorities and offices (1918–1928), the head of general administrative bodies subordinate to him, and the supervisory body over local government (1928–1939). The position of the voivode in the interwar period was unquestionably very strong.

scholarly journals The Council of Europe and the European Union frameworks in the legal protection of minority languages: unity or diversity?

2011 ◽  
Vol 2 (1) ◽  
pp. 347-366
Author(s):  
Alessia Vacca
Keyword(s):  
European Union ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Minority Languages ◽  
The European Union ◽  
Council Of Europe ◽  
Treaty Of Lisbon ◽  
National Minorities ◽  
Charter Of Fundamental Rights ◽  
Regional Or Minority Languages

This article focuses on the comparison between European Union Law and Council of Europe Law in the field of the protection of minority languages and looks at the relationships between the two systems. The Council of Europe has been very important in the protection of minority languages, having created two treaties of particular relevance: the European Charter for Regional or Minority Languages in 1992 and the Framework Convention for the Protection of National Minorities in 1995; both treaties contain many detailed provisions relating to minority languages. Not all countries, even of the European Union, have ratified these treaties. 12 out of 27 EU countries did not ratify the European Charter for Regional or Minority Languages. The European Union supports multilingualism because it wants to achieve unity while maintaining diversity. Important steps, with respect to minority languages, were taken in the European Community, notably in the form of European Parliament Resolutions. The Charter of Fundamental Rights of the European Union, approved in Nice the 7th December 2000, contains art. 21 and art. 22 related to this topic. The Treaty of Lisbon makes a cross reference to the Charter of Fundamental Rights of the European Union which is, consequently, legally binding under the Treaty of Lisbon since December 2009. The Charter could give ground for appeal to the European Court of Justice in cases of discrimination on the grounds of language

scholarly journals Actions Ultra Vires Minister of State-Owned Enterprises in the Procurement of Goods and Services at Subsidiaries of State-Owned Enterprises

2020 ◽  
Vol 8 (06) ◽  
pp. 220-225
Author(s):  
Fauzan Prasetya ◽  
Busyra Azheri ◽  
Ismansyah ◽  
Sukanda Husin
Keyword(s):  
Legal Status ◽  
The State ◽  
Legal Entity ◽  
Goods And Services ◽  
Pros And Cons ◽  
The Law ◽  
The Government ◽  
Legal Subjects

The Government through the Minister of State-Owned Enterprises (SOEs) in his position as a Shareholder in SOEs (Indonesian: Badan Usaha Milik Negara (BUMN) enacts the Minister of SOE Regulation Number: PER-15 / MBU / 2012 Regarding Amendments to the Regulation of the State Minister of State-Owned Enterprises Number PER-05 / MBU / 2008 Regarding Guidelines General Implementation of Procurement of Goods and Services of State-Owned Enterprises in SOE Subsidiaries. Which actions have raised the pros and cons of the capacity of the Minister of SOEs as BUMN shareholders in SOE subsidiaries. The legal status of BUMN subsidiaries in the BUMN holding scheme remains a separate legal entity that has their respective organs and responsibilities as regulated in the Law of PT. When the SOE Minister acts on behalf of the State, he is the shareholder of SOE as contained in Article 1 paragraph (1) of the BUMN Law. As a shareholder, the Minister of SOEs can only establish policies towards SOEs. Whereas in SOE Subsidiaries, the shareholders are SOEs as legal subjects. So that the provisions of Article 1 number (2) SOE Ministerial Regulation Number 3 of 2012 whereby the Minister of BUMN cannot act as a shareholder. The enactment of BUMN Permen 15/2012 to SOE Subsidiaries by SOEs Minister in his capacity as BUMN shareholder is an ultra vires action.

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