Suchergebnisse

The decision by the Council of Europe to ter minate the Russian Federation's membership of the Council of Europe on 16 March 2022 makes the issue of legal certainty for aliens actively participating in the war in Ukraine as part of the Ukrainian Armed Forces completely unpredictable. The academic literature and the case law of the European Court of Human Rights in the field of the legal status of alien combatants is limited, and the International Criminal Court has not complet ed any cases on this topic. This article addresses the prin ciple of case law and, above all, the principle of legality with regard to aliens and their active participation in the armed forces of Ukraine. This issue has become cen tral since the Russian Federation may or may not grant these persons the status of prisoner of war according to the Third Geneva Convention, relating to Protocol I, or may characterise them as criminal offenders or terro rists. Keywords: aliens, combatants, mercenaries, prisoners of war, war, armed conflict, terrorists

Palestinski predsednik Mahmoud Abbas je v začetku leta 2011 zaprosil za polno članstvo Palestine v Organizaciji združenih narodov (OZN). Varnostni svet članstva Palestini ni odobril, zato je sledila prošnja za odobritev statusa države opazovalke. Z resolucijo Generalne Skupščine OZN 67/19 so dne 29. novembra 2012 Palestini odobrili status države opazovalke. Ta status je Palestini prinesel pravico do sodelovanja na sejah Generalne skupščine OZN, do vzpostavitve predstavništva v New Yorku, Ženevi in na Dunaju ter pravico postati članica specializiranih agencij OZN ter pogodbenica vseh mednarodnih pogodb, kjer je Generalni sekretar OZN depozitar. Magistrska naloga analizira pravne posledice spremembe statusa Palestine v OZN. Za lažje razumevanje najprej predstavim pot Palestine do statusa države opazovalke v OZN. Nato kratko analiziram ali je palestinska zakonodajna ureditev v skladu z nekaterimi najpomembnejšimi mednarodnimi pogodbami, ki jih je Palestina ratificirala. V zaključku pa raziščem kako sodeluje v Generalni skupščini ter nekaterih specializiranih agencijah OZN, kjer ima položaj članice ali opazovalke. ; The Palestinian president Mahmoud Abbasa had in the beginning of the year 2011 requested for full membership of Palestine in the United Nations (UN). The Security Council did not approve membership of Palestine, therefore a request for granting a status of an observer state followed. With the Resolution 67/19 from the 29th of November 2012 the General Assembly approved Palestine the status of observer state. This status brought Palestine the right to participate in the meetings of the General Assembly, to establish a Permanent Mission in New York, Geneva and Vienna, and the right to become a member of specialized agencies of UN and party to all international treaties, where the Secretary-General is depositary. My Master thesis analyses the legal consequences of the change in status of Palestine in the UN. For better understanding of the topic, I first introduce Palestine's road to the status of observer state in the UN. Then I briefly analyse, if the Palestinian Law is in consistency with some of the most important international treaties to which Palestine ratified. In conclusion, I research the participation of Palestine in the General Assembly and in some specialized agencies, where Palestine holds status of member or observer.

Cilj magistrske naloge je prikaz manifestacije družbene moči skozi pravo, specifično v demokratičnih procesih ; demokracija je temelj razvitih družb ter točka, iz katere naj bi dandanes izviralo vso pravo, zato sem se osredotočila nanjo kot na izvor razlikovanja posameznikov na podlagi sposobnosti (abstraktne) artikulacije interesa v volilnih procesih. Obstajajo namreč določene skupine bitij, ki niso sposobne artikulirati svojega interesa abstraktno, na način, ki je značilen za današnje institucionalizirane volilne procese, zato so iz njih izključene. V tej nalogi sem se osredotočila na primere otrok, mentalno manj sposobnih posameznikov in nekaterih drugih subjektov, katerih interes se ne upošteva na enaki ravni kot interes drugih. Demokracija kot vladavina ljudstva se po mojem mnenju dandanes sprevrača v vladavino tistih, ki imajo golo fizično ter mentalno sposobnost oditi na volišče, brati, pisati, in abstrahirano, torej ne konkretno, izraziti svoj interes ; ne gre torej za vladavino, utemeljeno na ideji temeljne enakosti oziroma neizpodbojno jasnih ter enakovrednih interesov, temveč za vladavino tistih, ki so sposobni artikulirano ter dejavno delovati v družbi, ter zahtevati uveljavitev svojih interesov. Gre torej za neke vrste procesno, ne materialno enakost, zaradi katere tisti, ki niso sposobni artikulacije interesov v družbi, postanejo objekti prava. Ogledala sem si različne poglede na demokracijo, predpise, ki urejajo položaje omenjenih skupin, ter vprašanje (objektivnega ter subjektivnega) interesa, ki je ključno za mojo tezo, saj idejo obstoja diskriminacije utemeljujem na podlagi konkretnega interesa napram abstraktnemu. Poudarjam pa, da gre za pravno-sociološko, ne za primarno filozofsko delo, ki skuša torej zgolj naslikati dejanskost družbe in prava, ne pa ju tudi predpisovati. ; The goal of this paper is to showcase the manifestation of power within a society, specifically in democratic processes ; democracy is the foundation of developed societies and the supposed source of all of today's law, which is why I focused on it as the source of discrimination of individuals based on their ability to abstractly articulate their interest in voting processes. There are certain groups of people who are incapable of abstractly articulating their interest, in a way which is typical of today's institutionalised voting processes, which is why they are excluded from them ; I have focused on children and mentally handicapped individuals, who's interest isn't taken into account as much as other people's is. Democracy as the rule of the people is in my opinion now turning into the rule of those who have the mere physical and mental capacity to go to a voting booth, write and read, and abstractly (as opposed to concretely), formulate their interest ; it is therefore not a rule based on an idea of fundamental equality or clear and equal interests, but a rule of those who are capable of functioning in a society in an articulate and active way, and demand that their interests are enforced. It is therefore a procedural, not a material equality, because those who aren't capable of (abstractly) articulating their interests in this society become an object of the law. I have examined different views of democracy, regulation which deals with the status of the before mentioned groups, and the question of interest, which is crucial for my thesis, because I base my idea of the existence of discrimination on concrete interest versus the abstract one. I would like to point out that this is a legally-sociological, not a philosophical work, which therefore primarily tries only to paint the reality of society and law, not to prescribe them.

The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public & private interests meet (two parties cooperate for mutual benefit) is characterized by intertwining of general rules of obligation law & special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative & private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, & a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies & dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law/administrative law. Thus, the French legal order has best developed the rules of the public contractual law & the legal institute of the administrative contract that the Slovenian administrative theoreticians try more & more to introduce also into our legal order. References. Adapted from the source document.

Book, written in Slovene, discusses the legal content and scope of the concept of discriminatory harassment, which is deemed to be an unlawful discrimination under modern EU non-discrimination law, in the context of implementation of provisions of relevant EU directives in legal systems of the United Kingdom and Ireland. the two most important EU non-discrimination directives, adopted under Article 13 of the Treaty Establishing the European Community (now Article 19 of the treaty on the Functioning of the European union) - Racial Equality Directive (Directive 2000/43/EC) and Employment Framework Directive (Directive 2000/78/EC) - explicity mention harassment as prohibited form of discrimination. Legal definitions contained in these two directives define harassment as discriminationdiscrimination itself. Prior to the transposition of the EU non-discrimination directives into their laws, while few member states tackled this issue either within the context of the law on equal treatment (e.g. Denmark, the United Kingdom and Ireland) or outside this context (e.g. France), that is in the framework of criminal, civil, health and safety or employment legislation. As a result of the implementation of relevant provisions of the two main non-discrimination directives (Directives 200/43/EC and 200/78/EC) a definition of harassment has been included in legislations of all EU member states. In most member states such legislative definition is a literal copy of the definition of harrasment that can be found in the Directives 2000/43/EC and 2000/78/EC. The approach to the definition of harassment that appears to be the most "generous" from the perspective of victims of discriminatory harrasment is the one that was taken by British legislator. Such legal position in respect of the prohibition of discrimination has been developed in British case law and is based on the extensive interpretation of non-discrimination laws.

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 ParlaMint TEI-encoded corpora with the derived plain text version of the corpus along with TSV metadata on the speeches. Also included is the 2.0 release of the data and scripts available at the GitHub repository of the ParlaMint project. Note that there also exists the linguistically marked-up version of the corpus, which is available at http://hdl.handle.net/11356/1405.

ParlaMint 2.1 is a multilingual set of 17 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 November 1st 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 ParlaMint TEI-encoded corpora with the derived plain text version of the corpus along with TSV metadata on the speeches. Also included is the 2.0 release of the data and scripts available at the GitHub repository of the ParlaMint project. Note that there also exists the linguistically marked-up version of the corpus, which is available at http://hdl.handle.net/11356/1431.

When national authorities decide what activities will be needed to provide public goods & to what extent, they must also make a decision on the modes of allocation & distribution of public goods (which are the objects of public service provision) among users. In the practice of the EU Member States, a variety of diverse public service provision systems can be found. They vary between the public sector & the market, & they include numerous & highly diverse organizational forms of public service provision. A public enterprise is one of them. In the Slovenian legal regulation, a variety of problems arise due to the deficiencies in the existing public enterprise organization. These problems mostly result from some public enterprise status issues regulated under private law. The biggest problem of statutory regulation of the public enterprise status in Slovenia is certainly the absence of a special organizational model of the public enterprise. Adapted from the source document.

Among the tasks performed by the Slovenian municipalities to meet the needs of individual residents there is also the provision of local public services. A municipality provides the performance of the public services determined by the municipality itself, & the performance of the public services established by law (local public services). The legal foundations for the regulation & operation of public utility services are given primarily in the Local Self-Government Act & in the Public Utilities Act, as well as in sector-specific laws for individual services. The overview of public utility services & the modes of their performance in two urban municipalities indicate that in Slovenian municipalities, public utility services are performed primarily in two ways: in public enterprises & by awarding a public service concession. Adapted from the source document.

After explaining the difference between the notions of self-government & local autonomy, the applicability of both to the description of the political-administrative status of the Slovene city of Ljubljana in the 19th-century Austrian Empire is examined. The Austrian March Constitution of 1849, its abolishment by the emperor Franz Joseph in 1851, the municipalities law of 1849 & 1862, & December Constitution of 1867 are some of the legal acts examined in the outline of the chronology of the self-government & autonomy of Ljubljana as a provincial capital in the Austrian Empire. The powers & prerogatives contained in the city's municipal statues are discussed, considering the relationship & power sharing between the state & municipalities in the Austrian Empire & the Austria-Hungary dual monarchy. The study of the Ljubljana archive sources concludes that prior to 1895, the city's municipal council powers to issue normative legislation were limited, & an increased norm-giving activity resulted only from the need to rebuild the city after the 1895 earthquake. The council's municipal autonomy was largely responsible for regulating all reconstruction activities, including the organization & modernization of transport, electrification, & other infrastructure. 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.

While considering a two-level approach, in the article we discuss systemic issues related to occupational safety and health (OSH) data. On the individual level, we focus on OSH incidents that indicate the status of occupational health. On the company level, we examine OSH management data that reveal the monitoring system. Our analysis shows that the Slovenian OSH data collection system depends on employers' reporting rather than on professionals monitoring workers' health. The OSH system is oriented to legal compliance more than the regular monitoring of OSH activities. The introduction of systemic measures that integrate the various OSH stakeholders and reintegrate occupational medicine into the health system is recommended. Keywords: occupational medicine, occupational health, occupational safety, occupational diseases, occupational injuries, Slovenia

ParlaMint 2.1 is a multilingual set of 17 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 (from November 1st 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/11356/1432. 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 2.1 release of the data and scripts available at the GitHub repository of the ParlaMint project. As opposed to the previous version 2.0, this version corrects some errors in various corpora and adds the information on upper / lower house for bicameral parliaments. The vertical files have also been changed to make them easier to use in the concordancers.