scholarly journals Unconstitutional legal solutions enshrined in the Code of Criminal Procedure of 2014

2016 ◽  
pp. 67-101
Author(s):  
TUDOREL TOADER ◽  
MARIETA SAFTA
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Criminal Procedure ◽  
Case Law ◽  
Legal Rule ◽  
Preventive Effect ◽  
Constitutional Review ◽  
Economic Context ◽  
The Social ◽  
The Subject

This study continues the presentation on the development of the constitutional court’s case-law, from ascertaining the unconstitutionality of the legal rule to ascertaining the unconstitutionality of the legal solution promoted by that rule with punctual respect to criminal procedure. The constitutional review transcends the strict boundaries of referrals brought before the Court in order to purify the legal system from those that reproduce legal solutions found to be unconstitutional. Thus, it is emphasized both the effect of sanctioning the rule which was the subject matter of the exception of unconstitutionality, and the preventive effect of constitutional review, by the inability of the legislature to resume a legal solution found unconstitutional, except where there is a change of the social and economic context.

scholarly journals Unconstitutional legislative solutions enshrined by the 1968 Code of Criminal Procedure

2016 ◽  
pp. 55-81
Author(s):  
TUDOREL TOADER ◽  
MARIETA SAFTA
Keyword(s):  
Subject Matter ◽  
Criminal Procedure ◽  
Case Law ◽  
Legal Rule ◽  
Constitutional Court ◽  
Preventive Effect ◽  
Constitutional Review ◽  
Economic Context ◽  
Criminal Procedure Law ◽  
The Subject

This study presents development of the case-law of the Constitutional Court, from declaring the unconstitutionality of the legal norm to declaring the unconstitutionality of the legislative solution promoted by the respective norm, with special reference to criminal procedure law. The constitutional review transcends the strict framework of the limits of the referrals addressed to the Court, for the purpose to drain the legislative system of those provisions that resume legislative solutions found to be unconstitutional. Thus emphasizes the sanctioning effect on the legal rule that constituted the subject matter of the constitutional review, as well as a preventive effect, given the legislator’s inability to resume a legislative solution declared unconstitutional, except for the situation where a change in the socio-economic context would occur.

scholarly journals Unconstitutional legislative solutions established through the 2014 Criminal Code

2016 ◽  
pp. 115-132
Author(s):  
TUDOREL TOADER ◽  
MARIETA SAFTA
Keyword(s):  
Criminal Law ◽  
Subject Matter ◽  
Criminal Code ◽  
Constitutional Court ◽  
Preventive Effect ◽  
Economic Context ◽  
The Social ◽  
The Subject

The study continues the presentation of the jurisprudential evolution of the constitutional court, from the acknowledgement of the legal norm’s unconstitutionality to the acknowledgement of the unconstitutionality of the legislative solution promoted through the said norm, with precise reference to the field of substantive criminal law. The constitutionality control transcends the strict framework of the limitations of the referrals addressed to the Court, aimed at removing from the legislative system those provisions which resume the legislative solutions acknowledged as being unconstitutional. Thus, it is emphasized not only the sanctioning effect upon the norm constituting the subject matter of the exception of unconstitutionality, but also the preventive effect of the constitutionality control, through the legislator’s impossibility to resume the legislative solution declared unconstitutional, with the exception of the situation in which a change of the social and economic context takes place.

From Questioning Notes to Audiovisual Videoconferencing — Refl ections on the Evolution of the Model of Hearing a Witness Against the Background of the Solutions Adopted in the Code of Criminal Procedure of 1928 and 1997

2019 ◽  
Vol Special Issue ◽  
pp. 105-124
Author(s):  
Agnieszka Choromańska
Keyword(s):  
Subject Matter ◽  
Legal Status ◽  
Sound Transmission ◽  
Criminal Procedure ◽  
Case Law ◽  
Historical Factors ◽  
The Subject ◽  
Comparative Nature

The paper addresses legal solutions concerning the model of witness interviewing. The discussion is of comparative nature, as it refers both to the regulations contained in the Code of Criminal Procedure of 1928, as well as to the provisions of the current criminal procedure. It aims at a synthetic analysis of key changes in the model of interviewing a witness taking into consideration historical factors, as well as their impact on the current shape of the provisions in the Criminal Procedure Regulation. While reviewing legal solutions, the author pays special attention to the process of questioning at a distance supported by devices enabling simultaneous image and sound transmission. This issue is discussed in many aspects, taking into account the views of the doctrine and the analysis of case law. Apart from the assessment of the current legal status in genere, the paper also presents the proposals of solutions in the subject matter.

Cash benefits from social assistance in the light of the jurisprudence of administrative courts – selected problems. Part 2

2021 ◽  
Vol 36 (1) ◽  
pp. 153-190
Author(s):  
Sywia Łakoma
Keyword(s):  
Subject Matter ◽  
Social Assistance ◽  
Case Law ◽  
Life Situation ◽  
Financial Capacity ◽  
The Past ◽  
The Social ◽  
The Subject ◽  
Cash Benefits ◽  
Administrative Courts

The aim of this study is to present social assistance benefits in cash in terms of the jurisprudence of administrative courts. The analysis of the provisions of the Act on Social Assistance and the case law related to the indicated subject matter confirms that the granting of optional benefits in cash – which are the subject of this part of the article – takes place under administrative approval. As a result, meeting the positive prerequisites for a given benefit, with the simultaneous lack of negative prerequisites, does not have to mean that the expected aid is to be obtained. In this case, the principles and objectives of social assistance, including the principle of subsidiarity, are of a great importance. This principle results, first of all, in the obligation to independently undertake actions – by persons or families interested in receiving assistance – in order to overcome a difficult life situation. Only when this is not possible, support is provided by social assistance bodies. Then, however, great importance – which is emphasized in the judicature – is attached to the cooperation of individuals or families with social assistance bodies. The jurisprudence presented in the study also confirms that the significance for granting optional benefits is the use by an individual in the past or at the time of applying for of other social assistance specific benefits. These circumstances, in the best case, may affect the amount of the benefit granted, but may also result in refusal of performing its payment, among others, due to the justified needs of other people. Additionally, the judicature points out that the refusal to grant optional cash benefits may also be affected by the limited financial capacity of the social assistance body (Article 3 (4) of the Act on Social Assistance). This is one of the elements that distinguish these benefits from obligatory benefits in cash, including, in particular, the periodic allowance, where the limited financial capacity of the social assistance body may only affect the amount of the benefit, but may not be the basis for refusal to grant it.

Potencjał kooperacji turystycznej i piłkarskiej w państwach Grupy Wyszehradzkiej

2019 ◽  
Vol 17 (1) ◽  
pp. 351-375
Author(s):  
Mateusz Rafał ◽  
Dominik Borek
Keyword(s):  
Subject Matter ◽  
Social Initiative ◽  
Cultural Proximity ◽  
Tourism Sector ◽  
The Social ◽  
Social Potential ◽  
The Subject ◽  
Migration Crisis ◽  
Visegrad Group ◽  
Visegrád Countries

This article takes up the innovatory subject of cooperation in the field of football and the tourism sector by the Visegrad Group states. The subject matter of this study has not been widely discussed in the literature, hence most of de lege ferenda postulates are open to further discussion. The current Visegrad Group was created as a political project, not an evolutionary social initiative. This does not mean, however, that the societies of its member states are significantly different from each other, and the structure itself is exotic. The benefits of an extended cooperation, which seems not to have an alternative, for all the participants are fully understood. Therefore, the direction of common thinking about maximizing profits in the developing sector of tourism, and making the most of the social potential of football, can be an attractive platform for international dialogue and extended cooperation among the V4 countries. The baggage of history, geographic and cultural proximity, the migration crisis, as well as the imperialist policy of the neighbouring Russia effectively motivate to strengthen cooperation and create stronger mechanisms with each other. It is indisputable that the tendencies for cooperation in the Visegrad countries are not a novelty.

scholarly journals Cyber Attacks, Information Attacks, and Postmodern Warfare

2017 ◽  
Vol 10 (1) ◽  
pp. 63-89 ◽  
Author(s):  
Jozef Valuch ◽  
Tomáš Gábriš ◽  
Ondrej Hamuľák
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Case Law ◽  
Cyber Attacks ◽  
Armed Conflicts ◽  
Information Warfare ◽  
Law Of War ◽  
Legal Rules ◽  
The Subject ◽  
The Relationship

Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.

EL JUEZ COMPETENTE PARA CONOCER DEL PROCEDIMIENTO MONITORIO: CUESTIONES PRÁCTICAS

2010 ◽  
pp. 493-519
Author(s):  
AINHOA GUTIÉRREZ BARRENENGOA
Keyword(s):  
Subject Matter ◽  
Critical Review ◽  
Case Law ◽  
Territorial Jurisdiction ◽  
Procedural Code ◽  
The Subject ◽  
The Given

El procedimiento monitorio se concibe en la Ley 1/2000, de Enjuiciamiento Civil como un procedimiento de tutela privilegiada de determinados créditos. Sin embargo, estos postulados se contradicen con los problemas que, en la práctica forense, se han suscitado, en muchos casos, por la determinación de la competencia del órgano que debe conocer del procedimiento. En el presente estudio, se analizan las principales cuestiones que se han suscitado en relación con la determinación de la competencia objetiva y territorial en el procedimiento monitorio, con un repaso crítico de las distintas soluciones doctrinales aportadas, y una revisión de la última doctrina jurisprudencial en la materia. Prozedura monitorioa Prozedura Zibilaren 1/2000 Legeak taxutu zuen, zenbait kredituren tutoretza pribilejiatua izateko prozedura moduan. Hala eta guztiz ere, postulatu horiek ez datoz bat praktika forentsean sortu diren arazoekin; izan ere, maiz, prozedura ezagutu behar duen organoaren eskumena nork duen jakitea ez da gauza argia. Lan honetan, prozedura monitorioaren inguruan eskumen objektiboa eta lurraldekoa zehaztu beharraz sortu diren eztabaida nagusiak aztertzen dira, horri buruz agertu izan diren konponbide doktrinalen azterketa kritikoa eginez, eta gaiari buruzko azken jurisprudentzia-doktrina ere lantzen da. The payment procedure is envisaged by Act 1/2000 on the Civil Procedural Code as a procedure for a privileged guarantee of some debts. However, theses propositions conflict with the problems which arose in practice when deciding the subject-matter and territorial jurisdiction in payments procedures. By this study, main questions regarding the subject-matter and territorial jurisdiction within the payment procedure are analyzed with a critical review of the given different doctrinal solutions and a revision of the last case law doctrine on the topic.

scholarly journals Misreading and re-reading: interpretation in comparative religion

1999 ◽  
Vol 17 (1) ◽  
pp. 87-98
Author(s):  
René Gothóni
Keyword(s):  
Subject Matter ◽  
The Other ◽  
Personal Beliefs ◽  
The Social ◽  
Marco Polo ◽  
The Subject ◽  
Holistic Conception ◽  
Sinhalese Buddhism ◽  
The Buddha ◽  
Christian Discourse

Religion should no longer only be equated with a doctrine or philosophy which, although important, is but one aspect or dimension of the phenomenon religion. Apart from presenting the intellectual or rational aspects of Buddhism, we should aim at a balanced view by also focusing on the mythical or narrative axioms of the Buddhist doctrines, as well as on the practical and ritual, the experiential and emotional, the ethical and legal, the social and institutional, and the material and artistic dimensions of the religious phenomenon known as Buddhism. This will help us to arrive at a balanced, unbiased and holistic conception of the subject matter. We must be careful not to impose the ethnocentric conceptions of our time, or to fall into the trap of reductionism, or to project our own idiosyncratic or personal beliefs onto the subject of our research. For example, according to Marco Polo, the Sinhalese Buddhists were 'idolaters', in other words worshippers of idols. This interpretation of the Sinhalese custom of placing offerings such as flowers, incense and lights before the Buddha image is quite understandable, because it is one of the most conspicuous feature of Sinhalese Buddhism even today. However, in conceiving of Buddhists as 'idolaters', Polo was uncritically using the concept of the then prevailing ethnocentric Christian discourse, by which the worshippers of other religions used idols, images or representations of God or the divine as objects of worship, a false God, as it were. Christians, on the other hand, worshipped the only true God.

scholarly journals Młode pokolenie wobec pracy, konsumpcji oraz sukcesu

2019 ◽  
Vol 9 ◽  
pp. 15-31
Author(s):  
Joanna Wardzała
Keyword(s):  
Qualitative Research ◽  
Social Context ◽  
Subject Matter ◽  
Consumer Society ◽  
Young Generation ◽  
Consumer Behaviors ◽  
Applicable Law ◽  
The Past ◽  
The Social ◽  
The Subject

The young generation in terms of work, consumption and success  The subject matter of the young generation in the social context has been repeatedly examined and many studies have been prepared on this topic, for example the works of K. Wyka and earlier K. Manheim. Increasingly, the issue of the younger generation is discussed in the area of issues related to consumption and work. The article is of a theoretical and empirical nature; it is an attempt to portray the young generation in its two most important roles on the market — the consumer and the entrepreneur. It is an introductory element to the problems of consumer behaviors and entrepreneurial behaviors of the young generation. The publication draws attention to the expectations of the young generation about the applicable law and the economy. The first part of the article is characterized by sociological considerations and serves to determine the meaning of the young generation in consumer society, in particular, to outline the framework of youth, which in literature is sometimes defined not only by age categories. It is also an interdisciplinary review of theories, both those created in the past and those quite contemporary. In the second part, it refers to the results of qualitative research relating to the opinions and expectations of the young generation about consumption, work and success.  

scholarly journals Social media and the spread of COVID-19 conspiracy theories in Nigeria

2021 ◽  
Vol 4 (3) ◽  
pp. 432-437
Author(s):  
Sarah Gambo ◽  
Woyopwa Shem
Keyword(s):  
Social Media ◽  
Subject Matter ◽  
Research Interest ◽  
Conspiracy Theories ◽  
The Social ◽  
Recent Outbreak ◽  
Social Media Platforms ◽  
The Subject ◽  
National Orientation ◽  
And Control

Background: Amidst the recent outbreak of the Covid-19 pandemic, there seems to be an avalanche of conspiracy theories that abound on social media platforms, and this subject attracted a lot of research interest. This study aimed to examine the "social media and the spread Covid-19 conspiracy theories in Nigeria" in light of the above.  Methods: The study adopted a qualitative design in order to explore the subject matter thoroughly. Thirty-five participants were conveniently sampled, and interviews were conducted to retrieved data from the participants. Results: Findings of this study revealed that there is a prevalence of conspiracy theories that have saturated social media ever since the outbreak of the Covid-19 pandemic. It was also found that ignorance, religious fanaticism, lack of censorship, and insufficient counter information on social media platforms are some of the possible factors that aided the spread of Covid-19 conspiracy theories among Nigerian social media users. Conclusion: This study recommends, among other things, that there is a swift need to curtail the spread of conspiracy theories through consistent dissemination of counter-information by both individuals and agencies like the National Orientation Agency (NOA) and the Nigerian Centre for Disease and Control (NCDC).

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