Suchergebnisse

Status of religious communities -- Relations between the state and Islam -- State support for Islamic religious communities -- Muslims in integration law -- Mosques and prayer houses -- Burials and cemeteries -- Education -- Further and higher (tertiary) education -- Islamic chaplaincy in public institutions -- Employment and social law -- Islamic slaughter and food regulation -- Islamic goods and services -- Islamic dress -- Criminal law -- Family law

The author's comprehensive research project, of which this article is but an introductory outline, inquires into the kind of history written out by the International Criminal Tribunal for the Former Yugoslavia (ICTY). In order to investigate the interrelation between criminal law & history, the author faced the following question: what would the history of the disintegration of Yugoslavia & of conflicts in its territory look like if all we had were the judgments of the Hague Tribunal? The author bases his reply on an analysis of first-instance judgments of the Trial Chamber, from which he singles out "historical facts," & rejects the reflections of the Chamber on legal & procedural issues. As a model case he uses the first ICTY judgment pronounced against Dusko Tadic (the trial started on May 7, 1996, & the judgment was pronounced a year later). Although he estimates that the first judgment was not written in an optimal way, the author deems that most preliminarily established historical facts were relevant to historiography, & that, in particular, the judgment offers a universally acceptable notion of the history of the Kingdom of Yugoslavia & of socialist Yugoslavia. He is of the opinion that the extensive documentation of ICTY (the "Hague Tribunal") will have a major influence on the work of future generations of historians. Such a unique & replete archive of historical material is increasingly available to the public & to scientists through ICTY's online database. The most recent scientific works dealing with the former Yugoslavia also make use of the Tribunal's judgments & documentation. Scientists will have to pay due attention to the narratives included therein. Adapted from the source document.

In the introductory part of the essay, the author looks into the connection between the establishment & attributes of the so-called state of law & the legal system of continental Europe. This is followed by his summary of the origins of the idea of the state of law & its historical setting. In the middle part of the essay the author offers a list of values, value principles & the premises of the so-called state of law with the corresponding conclusions about a marked, multilevel/multiple restricted meaning & scope of the (mostly) dogmatic, formal/legal principles of the so-called state of law. The author concludes the essay with a rough appraisal of the condition of the so-called state of art in the Republic of Croatia. 51 References. Adapted from the source document.

The paper provides a detailed overview of the existing relationship between the just war theory & international law. It stresses the fact that the two concepts were historically incompatible. The just War theory falls within ethics & appeals to superior principles that were not in accordance with the positivist law theory & the concept of sovereignty upon which public international law was founded. That incompatibility may at first seem as a paradox since the two concepts should be derived from a common base: the idea of justice. Further development of international law has clearly proved that law cannot be separated from the idea of justice & that is, to some extent, closely linked to some elements of natural law. The author concludes that in the domain of the use of force contemporary international law provides a legal frame, which is in accordance with the precepts of the just war theory. References. Adapted from the source document.

There are prima facie reasons why political parties should be recognized as public law persons of the Croatian legal system: Political parties play a leading role in the creation & implementation of the state's will. Continental European legal systems distinguish between public & private law: the Croatian Constitution prescribes that political parties are associations with the features typical of public law persons. What requires analysis is the nature & consequences of the public law personality of political parties. Aristotle's theory of justice is still a useful starting point for distinguishing between public & private law, & between public & private law persons. The theory demonstrates that both the political community & the economic market presuppose standards of conduct that regulate interaction of their members. The standards include two essential types of legal acts, namely, statutes, which are fundamental acts of public law, & contracts, which are fundamental acts of private law. The dichotomy of legal acts implies virtually all the criteria that Roman & Continental lawyers have found important for distinguishing public & private law (source, bindingness, hierarchy, interest, subjects, etc). The division of a legal system into private & public law can be positivized in several ways. However, a liberal, democratic, & social legal system ought to meet the following principles, which guarantee the public law status of political parties: explicit recognition of the public law personality; justiciability; constitutionality; transparency; democracy; solidarity. The principles are followed by the Draft Bill on Political Parties, which was prepared by the Croatian Law Center in May 2002 & was adopted, with some changes, by the Committee on Constitution, Rules of Order, & Political System of the Croatian Parliament in July 2002. 90 References. Adapted from the source document.

The author distinguishes between the antiquity's & Middle Ages' teachings on natural law & justice as a virtue & the modern-age Hobbes' theory of the prerequisites of the legal system. Hobbes' theory identifies the prerequisites of the legal system & describes the institution of legal constraint which guarantees the rule of law. The author points to the central historical difference between these paradigms. Finally, the author traces the evolution of Hobbes' paradigm in Kant's philosophy of right. Adapted from the source document.

The main proposition of this paper is that the Croatian legal framework for higher education fails to meet the criteria of the internal market of the EU. In the first part, the author draws a distinction between education as public good and education as service, and explains how EU law affects the regulatory autonomy of the Member States in the area of higher education. In the second part, the author analyses hitherto identified barriers to the exercise of market freedoms created by national legal frameworks of higher education. The third part discusses the Croatian legal framework and tests it against EU standards. The author concludes that deficiencies of Croatian higher education law are partly caused by the ignorance of policy makers and partly by the structural weakness of the negotiating process, where chapters are negotiated independently from one another and focused on formal fulfilment of benchmarks. Adapted from the source document.

The author outlines constitutional & legal provisions regulating the rights of ethnic minorities in the Republic of Croatia as well as the site-based policy of the protection of minority rights. The major areas in which the Croatian government has been supporting the activities of minority group organizations are publishing, cultural societies, libraries, minority curricula, preservation of the minority cultural heritage, & research projects. Between 1992 & 1997, the government earmarked 22 million DEM for minorities' activities. The author concludes that ethnic minorities in Croatia, despite some political & economic hardships, have enjoyed a high degree of minority rights & freedoms. Adapted from the source document.

The author deals with the background & the types of human rights in the era of globalization & looks into the proposals of their global institutionalization. His assumption is that the increased legal normatization of global legal regimes on the basis of human rights is in the rational interest of the actors of global law. There are five main ideas: the democratization of all states, the global institutionalization of the direct global civil law, the global federal republic, the international legal solutions &, the global law. The global institutionalization of human rights has been beset by various problems & it requires different approaches which should be seen as mutually corrective. The globally oriented weak publics are a kind of a forum in which individual solutions' relevance must be argued. They affect the globally operating strong publics. The author concludes that the demand for global justice remains a normative measure towards which public education & the public will must be oriented for the sake of the legal formulation of human rights. 45 References. Adapted from the source document.