The author holds that the constitutional theory today is put to the test in three areas. The first is the problem of the relationship between transnational regimes & government institutions. Constitutional/legal theory is faced with the question how the norms concerning transnational regimes can acquire the dignity of legal norms via "constitutionalization." The second challenge is posed by transnational regimes sui generis such as the EU's legal system. The third concerns the process of EU's expansion. For the author, a constitution is both an instrument & a symbol; ie, it is doubly coded. On the one hand, it leans on practice & instrumental implementation, & on the other on the world of representation. There are different types of constitutions. Type one are manifests, largely solely symbolically coded. Type two are the constitutions in the form of contracts, structured more in the form of a legal relationship between discrete actors than a monolithic symbolic corpus. Type three are programmatic or planned constitutions, & they are associated with the rise & fall of socialist societies. They identify the already politically defined developmental goals. And finally, there are the so-called constitutions-cum-laws. These are a result of a regular legislative process that enables people in the capacity of presumed agents of sovereignty to debate constitutions & accept them. The author's opinion is that the transition of Central- & East-European countries is a transition from the simple-coded with the primacy of the symbolic to the double-coded constitutions. This transition is not smooth. The first difficulty lies in "transplanting" constitutional solutions to different social/historical contexts. The second relates to the anticonstitutional mentality that prevails in these societies. Despite everything, the constitutional balance in Central & Eastern Europe is satisfactory on the whole. The constitutions of these countries are interesting because of three symbolic aspects. The first refers to the constitution formation processes in which these societies ceased to be objects of authoritarian rulers. The second aspect regards the search for new forms of identity & unity. The third aspect refers to the attempts to banish tyranny from politics & social life by means of legal chains. 35 References. Z. Dubiel
Leaving aside Hobbes's ideological preferences in the conflict regarding the structure of the English political body in the 17th century, the text deals with the way in which democracy is valued in his key theoretical-political works. The author does this on two levels: first, he examines the status of democracy within the framework of Hobbes's doctrine of state forms. In spite of some of its shortcomings, in none of the three variants of his science of politics does Hobbes deem that there is a rational justification for discarding democracy as one of three equally ranked forms of state. Second, the author inquires into the more general thesis of the democratic character of Hobbes's understanding of the state regardless of its form. Various elements of Hobbes's science of politics are thereby taken into account: legal equality of parties to the social contract, their status as authors of sovereign power, their freedom as subjects and the duties of the sovereign. The analysis thereof points to the necessity of a differentiated answer to the question regarding the democratic character of Hobbes's theory of state. Adapted from the source document.
The paper looks into the justifiability of cirticisms levelled at the role of the World Bank. The meaning & guidelines of two major legal & economic reforms in Croatia are outlined: the changes in labour laws & the implementation of pension reform. The first part of the text deals with the role of deregulation policy, which has probably improved labour market flexibility, but also significantly increased job insecurity. The second part is devoted to the pension reform as an example of privatizing public service sector. The paper investigates the goals of the World Bank as well as the local reform participants. The final part of the paper offers brief conclusions. The main argument is that the described structural accommodations have been designed primarily with the criterion of economic efficiency in mind while the social aspects have been systematically overlooked. 2 Tables, 4 Figures, 47 References. Adapted from the source document.
The author has tried to prove that interethnic relations in democracy cannot be handled solely by means of legal, economic, & institutional means; political culture, ie, civic democratic political culture, can have a significant role. The analysis shows that there is room for the build-up of a transnational democratic citizenry, free from all ascriptive criteria & identities such as religion, ethnicity, etc. It also reveals how classic liberalism neglects various identities (ethnic, national, etc) while communitarian liberalism overlooks the excluding force of various identities. It has also demonstrated that there are several concepts of civic identities (liberal, communitarian, & social/group) & that each of these concepts can exert profound influence on the relationship between citizens & their political community. Finally, the relation between patriotism & interethnic relations in democracy are reviewed. Patriotism, in the circumstances of growing social pluralization, & despite a plethora of political integrations, can play a prominent role in bridging the political & cultural atomizations & conflicts in society. It can undertake this role only if constituted in the civic & not the crude (fixed) ethnic sense -- though the national defines the limits & the meaning of this constitution -- provided it evolves into loyalty to one's homeland & goes hand in hand with the development of democracy & human rights. In short, the purpose of this paper is to provide evidence that it is necessary to expand democratic political culture that might aid in resolving intricate & sensitive relations among various ethnic & cultural communities. Patriotism can assume a decisive role in this. It lays down the limits & legitimacy of each meaningful political discourse & each genuine political subject. Adapted from the source document.
ParlaMint is a multilingual set of comparable corpora containing parliamentary debates mostly starting in 2015 and extending to mid-2020, with each corpus being about 20 million words in size. The sessions in the corpora are marked as belonging to the COVID-19 period (after October 2019), or being "reference" (before that date). The corpora have extensive metadata, including aspects of the parliament; the speakers (name, gender, MP status, party affiliation, party coalition/opposition); are structured into time-stamped terms, sessions and meetings; with speeches being marked by the speaker and their role (e.g. chair, regular speaker). The speeches also contain marked-up transcriber comments, such as gaps in the transcription, interruptions, applause, etc. Note that some corpora have further information, e.g. the year of birth of the speakers, links to their Wikipedia articles, their membership in various committees, etc. The corpora are encoded according to the Parla-CLARIN TEI recommendation (https://clarin-eric.github.io/parla-clarin/), but have been validated against the compatible, but much stricter ParlaMint schemas. This entry contains the linguistically marked-up version of the corpus, while the text version is available at http://hdl.handle.net/11356/1388. The ParlaMint.ana linguistic annotation includes tokenization, sentence segmentation, lemmatisation, Universal Dependencies part-of-speech, morphological features, and syntactic dependencies, and the 4-class CoNLL-2003 named entities. Some corpora also have further linguistic annotations, such as PoS tagging or named entities according to language-specific schemes, with their corpus TEI headers giving further details on the annotation vocabularies and tools. The compressed files include the ParlaMint.ana XML TEI-encoded linguistically annotated corpus; the derived corpus in CoNLL-U with TSV speech metadata; and the vertical files (with registry file), suitable for use with CQP-based concordancers, such as CWB, noSketch Engine or KonText. Also included is the 2.0 release of the data and scripts available at the GitHub repository of the ParlaMint project.
The successive stages of development of constitutional democracy in the USA, in particular the experience of "judicial supervision paradox," show us that the U.S. Supreme Court performed at least two different functions: (1) norm enforcement, & (2) policy-making through re-examination & interpretation of the Constitution & the laws in cases brought before the Court. Dissent among American legal experts related to this & other matters prove that debates on judicial activism are not a thing of the past. Still, both advocates & critics of judicial activism share the view that judges have been an important part of the American constitutional process since its inception. The Marbury v. Madison case (1803) affirmed the institution of judicial supervision & denoted a gradual shift of judicial power into the field of public law. Thus further expansion & transformation of judicial power was made possible. In this article, the author establishes a connection between judicial activism & judicial supervision, & adheres to the standpoint that the "judicializing aspect of modern liberalism" deserves as much attention as any other aspect of democratization. Adapted from the source document.
Ovaj članak se bavi prikazom procesa decentralizacije u Srbiji od 2000. do 2011. godine imajući u vidu da bi ovaj proces ujedno morao biti i proces podizanja kapaciteta lokalnih vlasti. U radu se prati transformacija svakog od bitnih činilaca autonomije lokalne vlasti i njenih menadžerijalnih potencijala: ustavni i zakonski status, izbori i model organizacije vlasti, nadležnosti, finansiranje, pružanje usluga, participacija građana, te odnos države i lokalne samouprave. Ovaj kompleksan proces zahteva vreme, podizanje znanja i veština svih nivoa vlasti (posebno lokalne), posvećenost političke elite demokratskim vrednostima i tesno je vezan sa podizanjem stepena demokratske političke kulture. ; This paper provides a review of the process of decentralisation in Serbia from 2000 to 2011, bearing in mind that this process should at the same time be a process of enhancing the local government capacity. The paper traces the transformation of each of the essential factors of the autonomy of local government and its managerial potentials: its constitutional and legal status, elections and the model of the organisation of government, competences, funding, provision of services, citizen participation, and the relationship between the state and local self-government. This complex process is time-consuming, requires upgrading knowledge and skills at all levels of government (local government in particular), a commitment of the political elite to democratic values, and is closely tied to increasing the level of democratic political culture.
In this article, the author presents the content and principal ideas of Strpic's book on Karl Marx and the political economy of modernity, Karl Marx i politicka ekonomija Moderne. The author analyzes the book, its ideas and its significance within the context of an evaluation of the status and trends in political and economic thought in Croatia during a time of so-called transition, i.e. the process of restoration of crony capitalism. He criticizes the neoliberal school and its Economics, which has pushed aside and replaced Political Economy in the instruction at many university social science departments. The author considers Strpic's book a major contribution to the reaffirmation of Political Economy to its theoretical and scholarly status. He faults Strpic for not including in his analysis the results of scholarly research conducted by Croatian economists whose views complement his own. The current crisis of the neoliberal school, its Economics and the economic crisis in Croatia may serve as a means to reaffirm Political Economy, or rather to turn back from Economics in favor of Political Economy in scholarship and in the education of political scientists, legal scholars and economists. The author puts forth the thesis on the need to separate Political Economy from ideocracy. In this context, he advocates the reaffirmation of Political Economy as both a scientific discipline and as a skill in the management of national economies. Adapted from the source document.
According to Luhmann, religion transforms the indefinable/un-defined into the definable/defined complexity, thus outlining the problems of the whole society. Due to this function, religion remains bound to the level of the entirety of a social system. Nevertheless, in time, in the course of the functional differentiation of society, different sub-systems have been created for different tasks (economy, science, politics, education, etc) & religion has been accorded the status of one such system. Besides distinguishing among various subsystems, this process implies the separation of diverse task-areas within the religious system itself. By & by, within the Christian religion, three functionally differentiated spheres have emerged which Luhmann labels as a) the church, ie, the entirety of spiritual communication in which the function of the system of religion is fulfilled for the whole social system; b) Diaconate (Diakonie), which performs the system's tasks towards other social sub-systems (these tasks, in line with the theory of systems, may be termed services Leistungen) as well as towards personal systems (in line with the theory of systems they may be termed pastoral -- Seelsorge); & c) theology (Theologie) whose role within the religious system may be described as reflexion (Reflexion) ie, the task of the reflexive contact of one's own identity. 1 Table, 10 References. Adapted from the source document.
Neprofitne organizacije obuhvaćaju sve udruge, zaklade, ustanove, sindikate i sve ostale pravne osobe čije se djelovanje ne temelji na ostvarenju profita za osnivače istih već u svrhu zadovoljenja potreba društva koje nisu mogle biti ostvarene od strane države ili privatnog sektora. Radi transparentnijeg djelovanja, ovaj sektor svoje djelovanje uređuje sukladno odredbama Zakona o financijskom poslovanju i računovodstvu neprofitnih organizacija (Narodne novine 121/14) te ostalim zakonskim i ostalim pravnim aktima koji se temelje na spomenuti Zakon a koji uređuju pitanja svakog od oblika neprofitnih organizacija. Odredbe se tiču pravilnog osnivanja svakog oblika neprofitnih organizacija, upisa u matične registre i sam Registar neprofitnih organizacija, pravila računovodstvenog praćenja poslovnih podataka, postupka sastavljanja i objave financijskih izvještaja te postupak provođenja nadzora nad radom svake pojedine neprofitne organizacije. ; Non profit organizations include all associations, foundations, institutions, syndicates and all other legal entities whose activities are not based on the realization of profits for the founders of the same but for the purpose of satisfying the needs of society that could not be realized by the state or private sector In order to transparent operations, the sector regulates their activities in accordance with the Law of the financial operations and accounting of nonprofit organizations, and other laws and other legal acts which are based on the Law and regulating questions of each of the forms of nonprofit organizations. The provisions concerning the proper establishment of any form nonprofit organization, registered in the main register and the Register of nonprofit organizations, the rules of accounting of business data, the process of preparation and publication of financial statements and the procedure of exercising supervision over the work of each nonprofit organizations.
Neprofitne organizacije obuhvaćaju sve udruge, zaklade, ustanove, sindikate i sve ostale pravne osobe čije se djelovanje ne temelji na ostvarenju profita za osnivače istih već u svrhu zadovoljenja potreba društva koje nisu mogle biti ostvarene od strane države ili privatnog sektora. Radi transparentnijeg djelovanja, ovaj sektor svoje djelovanje uređuje sukladno odredbama Zakona o financijskom poslovanju i računovodstvu neprofitnih organizacija (Narodne novine 121/14) te ostalim zakonskim i ostalim pravnim aktima koji se temelje na spomenuti Zakon a koji uređuju pitanja svakog od oblika neprofitnih organizacija. Odredbe se tiču pravilnog osnivanja svakog oblika neprofitnih organizacija, upisa u matične registre i sam Registar neprofitnih organizacija, pravila računovodstvenog praćenja poslovnih podataka, postupka sastavljanja i objave financijskih izvještaja te postupak provođenja nadzora nad radom svake pojedine neprofitne organizacije. ; Non profit organizations include all associations, foundations, institutions, syndicates and all other legal entities whose activities are not based on the realization of profits for the founders of the same but for the purpose of satisfying the needs of society that could not be realized by the state or private sector In order to transparent operations, the sector regulates their activities in accordance with the Law of the financial operations and accounting of nonprofit organizations, and other laws and other legal acts which are based on the Law and regulating questions of each of the forms of nonprofit organizations. The provisions concerning the proper establishment of any form nonprofit organization, registered in the main register and the Register of nonprofit organizations, the rules of accounting of business data, the process of preparation and publication of financial statements and the procedure of exercising supervision over the work of each nonprofit organizations.
It had undoubtedly been the inadequate political & legal structure of the ethnic status & relations in the Socialist Republic of Bosnia & Herzegovina as well the unwillingness of the political elites to make a compromise that created a rather favourable potential for destructive shaping of the Bosnian-Herzegovinian social conditions. Immediately before the outbreak of war in BH (1992-1995) the preconditions had been created for a comparatively peaceful settlement of the unresolved political issues within the republic. Taking into consideration that the international community had assumed to act as a mediator its role could have been very important. However, with its "pre-war" position to BH it did not take advantage of the opportunities that were offered to settle or simplify the internal Bosnian & Herzegovinian political disputes, but, on the contrary, it contributed to the outbreak of war, its destructiveness & long duration, getting itself into a rather awkward position. Map, References. Adapted from the source document.
The author looks at the development & significance of the modern constitution. According to him, except for institutionalization of politics, the modern constitution affirms the goals of the political order. Constitutional concerns dwell mostly on the valorization of human rights, a commitment to democracy, & the legal & social state. The modern constitution remains the object of constitutional studies, & precedes the establishment of other forms of law. At its foundations, the modern constitution represents a political union, demarcating a political regime, & citizens remain free to pursue their own interests in social, economic, & political spheres. The two underlying conceptions of the constitution are distinct: on one hand, Thomas Paine established the philosophical underpinnings of the American-European constitutional order (rational & voluntary); on the other hand, the English model licenses constitutional rights in the institutions. Relativized are the differences between the two visions: the instrumental & symbolic functions of the constitution. The former is the outcome of political processes that specify laws & establish limits to political power. The latter is a symbolic function of a good & just society. It is concluded that the constitution requires responsible citizens, & that its symbolic functions emerge over time. A. Siegel
Ovaj rad razmatra glavna pitanja javnih politika od značaja za razvoj socijalnog (društvenog) poduzetništva u Republici Srbiji. Sastoji se od četiri poglavlja. Prvo poglavlje razmatra opći kontekst javnih politika značajnih za predmet istraživanja, prve institucionalne oblike socijalnih poduzeća, te čimbenike koji su odlučujuće utjecali na razvoj socijalnog poduzetništva u Republici Srbiji (RS) u zadnjih desetak godina. Rezultati prvog službenog istraživanja u području socijalnog poduzetništva u RS također se analiziraju u ovome poglavlju. U drugom poglavlju razmatra se pravni okvir koji izravno uređuje ili posljedično utječe na socijalno poduzetništvo u RS. Ovo se poglavlje sastoji od kritičke analize propisa koji uređuju poduzeća za profesionalnu rehabilitaciju i zapošljavanje osoba sa invaliditetom, pravni status organizacija civilnoga društva (OCD) i socijalnih zadruga, poreznih propisa značajnih za socijalno poduzetništvo, propisa koji uređuju sustav javnog financiranja OCD, javnih politika koje uređuju sustav socijalne zaštite, te propisa koji uređuju volontiranje. U trećem poglavlju predstavljeni su rezultati prvog pilot istraživanja socijalnih poduzeća koja djeluju u Autonomnoj Pokrajini Vojvodini, koje je provedeno 2016. godine. Zaključci o javnim politikama koje uređuju socijalno poduzetništvo u RS te mjerama koje bi mogle stimulativno utjecati na njegov dalji razvoj prezentirani su na kraju rada. ; This paper takes stock at key policy issues underpinning the development of social entrepreneurship in the Republic of Serbia. It consists of four chapters. Chapter 1 provides the general context of the paper. It sets out the general policy context and discusses the roots of social entrepreneurship in Serbia, as well as the perceived policy factors which have facilitated its development in the last decade. The general findings of the first official survey on social enterprises in Serbia are also discussed in this chapter. Chapter 2 examines the legal framework governing or impacting on social entrepreneurship. It first provides a critical overview of the framework regulation for enterprises for employment and professional rehabilitation of persons with disabilities, civil society organisations (CSOs) and social cooperatives, respectively. Thereafter, it proceeds with the analyses of pertinent tax law and the legal framework for public financing of CSOs, as well as the legal and policy framework for social service provision. An analysis of the legal framework for volunteers concludes this chapter. Chapter 3 presents the results of the first pilot survey on social enterprises in the Autonomous Province of Vojvodina (Vajdaság Autonóm Tartomány), which was conducted in 2016. Conclusions on the state of play of social entrepreneurship in Serbia, including measures which could conceivably facilitate its further development, are presented in Chapter 4.