Disciplinary Proceedings in Uniformed Services Subordinated to the Minister of the Interior and Administration with Particular Regard to the Act on the State Fire Service and the Act on the Border Guard

2020 ◽  
Vol 75 ◽  
pp. 241-259
Author(s):  
Krzysztof Nowak
Keyword(s):  
Legal System ◽  
Fire Service ◽  
The State ◽  
Legal Order ◽  
Final Part ◽  
Starting Point ◽  
The Subject

The subject of the article is focused on issues related to conducting disciplinary proceedings in Polish uniformed forced. The author draws attention to the fact that a considerable diversity exists in the Polish legal order as regards the disciplinary procedure applicable in individual uniformed services. The main arguments focus on the need of developing a normative act of a comprehensive nature that would uniformly regulate the manner in which disciplinary proceedings are adopted in uniformed services subordinated to the Minister of the Interior and Administration. The final part of the article is the starting point for a broader discussion on the effectiveness of the proposed amendment to the current legal system in the abovementioned area.

scholarly journals Obce przepisy wymuszające swoje zastosowanie. Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 18 października 2016 r. w sprawie C-135/15 Republika Grecji przeciwko Grigoriosowi Nikiforidisowi

2019 ◽  
Vol 25 ◽  
pp. 91-106
Author(s):  
Arkadiusz Wowerka
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Rules ◽  
Article 9 ◽  
The Subject ◽  
Academic Discussion ◽  
Substantive Law ◽  
Rome I

This commentary examines the judgement of the CJEU of 18 October 2016 in case C-135/15 Republik Griechenland v. Grigorios Nikiforidis. The judgement in question concerns the issue of treatment of foreign overriding mandatory provisions under the Article 9(3) of Regulation No 593/2008. This topic is the subject to a great deal of controversy and academic discussion. The ECJ concluded that the mentioned provision must be interpreted as precluding overriding mandatory provisions other than those of the State of the forum or of the State where the obligations arising out of the contract have to be or have been performed from being applied, as legal rules, by the court of the forum, but as not precluding it from taking such other overriding mandatory provisions into account as matters of fact in so far as this is provided for by the national law that is applicable to the contract pursuant to the Regulation. This interpretation is not affected by the principle of sincere cooperation laid down in Article 4(3) TEU. In this respect the judgement of CJEU brings significant clarification on the question, whether a court of the forum can have regard to foreign overriding mandatory provisions, which do not belong to the legal system of the country of performance of the contract on the level of the applicable substantive law. However, there are still questions arising under Article 9(3) of Rome I Regulation, which need to be clarified.

A Nonlinear Approach to Law, State, and Governmental Organisations

2014 ◽  
pp. 11-38
Author(s):  
Emir Kaya
Keyword(s):  
The State ◽  
Legal Positivism ◽  
Theoretical Spectrum ◽  
Nonlinear Approach ◽  
Realistic Approach ◽  
Starting Point ◽  
Closed Systems ◽  
The Subject ◽  
Chaotic Nature

This chapter attempts to give an answer to a question arising from a project about the legal complications of secularism in Turkey. The question of meta-narrative about how to approach the subject in hand, and through which theoretical premises, automatically leads one to criticise the established arguments of state-centred legal positivism, especially when religion- and society-oriented voices are so loud. In this chapter, the strengths and weaknesses of positivism and its alternatives are analysed in depth. Not a single monist or pluralist theory proves to be absolutely superior in the end. Instead, their harmonisation is needed. Positivism holds the advantage of referring to the power and enforcement capacity of the state. Pluralism, however, is realistic on another ground, as it pays attention to the chaotic nature of socio-legal phenomena and claims that law should never be understood and applied in a linear way or in closed systems. The dialogue on this theoretical spectrum of law merges with the chapter's starting point where the question of Turkish secularism required the most realistic approach to law and legality in general.

scholarly journals Transitional and Final Provisions of the Republika Srpska Proprietary Law // Prelazne i završne odredbe Zakona o stvarnim pravima Republike Srpske

2018 ◽  
Vol 8 (8) ◽  
pp. 21
Author(s):  
Duško Medić
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Order ◽  
State Of Affairs ◽  
Republika Srpska

Significance of the transitional and final provisions of the Republika Srpska Proprietary law is multifunctional. Aforementioned provisions should enable transition from the former to the new legal system as well as to regulate some areas, that haven’t been standardised by special laws until now. Any change in legal system is inevitably accompanied with the state of transition of the proprietary law relations. Those relations are being transformed and coordinated with the rules of the new state of affairs. It’s only when this kind of transition is completed, we can state that the previous legal order is no longer in to existence.

scholarly journals The violent intentionality of sublime

2019 ◽  
Vol 62 (2) ◽  
pp. 53-68
Author(s):  
Igor Cvejic
Keyword(s):  
Emotional Experience ◽  
Conscious Experience ◽  
Alternative Interpretation ◽  
The State ◽  
Final Part ◽  
Main Question ◽  
The Subject

The main question in this paper is if (and how) in Kant?s theory of sublime the object could be integrated into an emotional experience. In order to understand this problem, the ambivalent Kant?s claims will be addressed: (1) about the object as sublime and (2) that correctly understood it is not an object, but the state of the subject which is sublime. The latter thesis could be even strengthened with accompanying claim about formlessness of the object, which implies that this object can not be a part of conscious experience. Further, I will discuss Kant?s thesis about a subreption of a respect for the object instead of for the idea of humanity in our subject, as well as various interpretations of it. In the final part of the paper, I will introduce alternative interpretation which could give us a more plausible outline about the intentionality of the feeling of sublime. My claim is that Kant uses language available to him in order to state that in sublime there is no object of cognition in conscious experience. However, the object is constituted as an object of the violent emotional intentionality - sensibility brought under ideas of reason.

scholarly journals The dynamics of operation in the regional development in Algeria: Field study - Wilaya of Souk-Ahras: ديناميكية التشغيل في التنمية الإقليمية بالجزائر: دراسة ميدانية - ولاية سوق أهراس

2019 ◽  
Vol 3 (4) ◽  
Author(s):  
TAREK BRIK BERROUK
Keyword(s):  
Regional Development ◽  
Local Level ◽  
The State ◽  
High Rate ◽  
Employment Sector ◽  
Starting Point ◽  
The Subject ◽  
Development Of Competencies ◽  
The Government ◽  
Employment Programs

This study dealt with an important topic and an important file that attract the attention of many researchers in many fields, such as economics, politeness and sociology, namely the subject of operation and specifically the dynamics of operation in the regional development in Algeria, through which we tried to customize the most important devices and programs of operation approved by the State, and revealed the extent of their contribution in advancing the development in the territory of the Wilaya (province) of Souk-Ahras. The high rate of unemployment, making the state think of alternative programs contributed to the absorption of human resources are working to be a pillar of development, especially if it is organized and invested and exploit the energies of the best exploitation. This study is a subsequent study of a previous study (the role of youth employment programs in the promotion of work and development of competencies) in this field (operating), which is the starting point for subsequent study later (the phenomenon of invasion of the female component of the labor market, professional integration, professional conscience - values ​​and ethics) , The subject has been addressed in all its possible and available aspects, in accordance with a systematic plan that reinforces our field vision to build this study, based on a central question: What is the reality of operationalization in the development of the territory of the Wilaya (province)? The study found a major outcome: * The ineffectiveness and effectiveness of the strategy and programs of employment at the national and local level in advancing development because of adopting the problems of young people and removing them from unemployment temporarily. Based on this, we had to make a set of recommendations that would contribute to providing an appropriate aspect of the workforce, whether qualified or ineligible: In order for the employment sector to participate in the development process, the government must have a genuine and serious desire to create permanent jobs in all sectors without exception. * Encourage employment development by proposing measures that allow the supply of demand to be rounded up in this operating area.

scholarly journals ATAQUE DE CACHORRO: ESTADO DE NECESSIDADE OU LEGITIMA DEFESA?

2018 ◽  
Vol 2 (Especial 2) ◽  
pp. 168-174
Author(s):  
Débora Aparecida Mafra Moras ◽  
Danielle Yurie Moura da Silva
Keyword(s):  
Legal System ◽  
Human Action ◽  
The State ◽  
Penal Code ◽  
Scientific Article ◽  
Concrete Case ◽  
Self Defense ◽  
The Subject ◽  
The Right ◽  
Apparent Conflict

t treats the present scientific article of a study about the institutes of state of necessity and selfdefense, foreseen in the Brazilian legal system, in the Brazilian Penal Code, as an exclusionary cause of illegality. And, in this sense, the State that is not able to be present at all times guarantees the victim the right to evade or even defend himself from aggression. However, some situations may characterize an apparent conflict of norms, making it difficult to frame the correct institute in fact. One such case is the dog attack, making the subject a state of necessity and legitimate self- defense essential. The method applied was the legal deductive, based on the interpretation of the legislation, jurisprudence and doctrines. It is conclude that the attack of an irrational animal can be characterized as a state of necessity or self- defense, which will depend on the recognition of human action or not, an analysis that should be carried out in the concrete case

scholarly journals HEALTH EMERGENCY MANAGEMENT. A LEGAL ANALYSIS OF THE ITALIAN EXPERIENCE

2020 ◽  
Vol 2 (2) ◽  
pp. 117-146
Author(s):  
Vicenzo Baldini
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
Legal Order ◽  
Legal Analysis ◽  
State Of Emergency ◽  
Landing Point ◽  
The Rule Of Law ◽  
Italian Experience ◽  
The One

The state of emergency that is being experienced has generated a sort of dynamic disorder of complex systematic re-elaboration within the framework of the legal system of the state. We appreciate a permanent tension between the rule of law and the discipline of emergency which manages to find a problematic landing point in the prefiguration of the existence of an emergency legal system, based on a different Grundnorm and parallel to the one that sustains the whole establishment of the legal system of the sources of the state legal order

scholarly journals The Early Church’s Position on Law and the State.

2021 ◽  
Vol 2 (1) ◽  
pp. 40-63
Author(s):  
Matija Stojanović
Keyword(s):  
Roman Empire ◽  
New Testament ◽  
Legal System ◽  
The State ◽  
Legal Order ◽  
Christian Faith ◽  
Legal Systems ◽  
Christian Church ◽  
Early Christian ◽  
The New Testament

This article will try to uncover the stance which the early Christian Church held on the legal system of the Roman Empire, in an attempt to reconstruct a stance which could apply to legal systems in general. The sources which we drew upon while writing this paper were primarily those from the New Testament, beginning with the Four Gospels and continuing with the Acts of the Apostoles and the Epistoles, and, secondarily, the works of the Holy Fathers and different Martyrologies through which we reconstructed the manner in which the Christian faith was demonstrated during the ages of persecutions. The article tries to highlight a common stance which can be identified in all these sources and goes on to elaborate how it relates to legal order in general.

scholarly journals Heraldry in the Republic of Macedonia (1991-2019)

2021 ◽  
Author(s):  
Jovan Jonovski
Keyword(s):  
Legal System ◽  
The State ◽  
Name Change ◽  
Republic Of Macedonia ◽  
The Subject ◽  
The Republic ◽  
The Given ◽  
Coats Of Arms

Every country has some specific heraldry. In this paper, we will consider heraldry in the Republic of Macedonia, understood by the multitude of coats of arms, and armorial knowledge and art. The paper covers the period from independence until the name change (1991-2019). It covers the state coat of arms of the Republic of Macedonia especially the 2009 change. Special attention is given to the development of the municipal heraldry, including the legal system covering the subject. Also personal heraldry developed in 21 century is considered. The paper covers the development of heraldry and the heraldic thought in the given period, including the role of the Macedonian Heraldic Society and its journal Macedonian Herald in development of theoretic and practical heraldry, as well as its Register of arms and the Macedonian Civic Heraldic System.

Walls and Frontiers: Polish Cinema’s Portrayal of Polish–Jewish Relations

1997 ◽  
pp. 221-246
Author(s):  
Paul Coates
Keyword(s):  
Jewish Community ◽  
The State ◽  
Concentration Camp ◽  
Promised Land ◽  
Starting Point ◽  
The Subject ◽  
Post War ◽  
Camp Life ◽  
Bruno Schulz ◽  
Andrzej Wajda

This chapter describes the portrayal of Polish–Jewish relations in Polish cinema. There are several obvious points at which one might begin to consider the treatment of Polish–Jewish relations in the films of People's Poland and in the Polish Republic, still in its infancy. One might ‘begin at the beginning’ with The Last Stop (1948), Wanda Jakubowska's sobering portrait of concentration camp life; with the first film to touch on the subject by Poland's leading post-war director, Andrzej Wajda, Samson (1961); or with Wojciech Has's neglected The Hour-Glass Sanatorium (1972), a reverie on the work of Bruno Schulz. Another potential starting-point might be Wajda's The Wedding (1972). The chapter focuses on Wajda's The Promised Land (1974). The interest in Polish–Jewish relations displayed by this film marks the first stirring of a theme to be amplified in subsequent years by the Flying University and then Solidarity: the need to claw back from the state the image of a more inclusive pre-war society. Among the things included in that society, of course, had been a large and enormously significant Jewish community.

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