Suchergebnisse

Opisuje se oblikovanje sustava informacijskog zakonodavstva u kojem je novi Zakon o tajnosti podataka četvrti dio, pored Zakona o pravu na pristup informacijama, Zakona o zaštiti osobnih podataka i Zakon o medijima. Naglašavaju se temeljne novine, kao i pitanje prevođenja stupnjeva tajnosti prema prethodnim propisima u one prema novom Zakonu. Razmatraju se određene dileme u provedbi novog Zakona, od kojih su neke povezane s kaznenim pravom, a neke s pravom na pristup informacijama javnog sektora. Zanimljivi su postupovni problemi u vezi s testom razmjernosti. Autor upozorava na neusklađenost propisa, nedostatne nadzorne kapacitete, mogućnosti zloporabe propisa o tajnosti podataka, te na potrebu terminološkog i drugog preciziranja pravnih propisa. ; Design of the system of information legislation is described. The new Law on Data Confidentiality is the fourth part of this system, along with the Law on the Access to Public Sector Information, Law on Personal Data Protection, and Media Act. Basic novelties in the Law are stressed, such as the issue of transitional regulation about levels of confidentiality. There are a few dilemmas with regard to implementation of the new Law. Some of them are connected with criminal law, and some with the issue of access to public sector information. An interesting procedural problem is connected with the test of proportionality. The author warns about the gaps in legal regulation, lack of control capacity, possibilities of misusing legal regulation on data confidentiality, and the necessity of terminological and other clarifications in legal regulation.

The author defines the state of law as a typical product of German political culture that corresponds to, but also differs from, both the experience of the English rule of law & that of the French l'Etat-Nation. The author pays particular attention to the issue of the legitimacy of the sate of law. He focuses on two different approaches to this issue in the works of Volker Gerhardt & Ernst Wolfgang Bockenford. Following a critical analysis of their fundamental assumptions the author goes on to divulge the thesis on the necessity of a balance between rights & power in the functioning of modern political systems. 5 References. Adapted from the source document.

The author's starting point is Locke's classical thesis that the rulers & the ruled are subject to universal laws & that their abuses are prevented by the institutional means of power sharing. The rule according to which nobody can be a judge in their own affairs unconditionally applies in all court or administrative proceedings. The problem arises when this legal thinking is applied to parliaments. Namely, in parliamentary work the incompatibility of the mandates of the legislative & the executive branch is annulled since the executive power gains the upper hand in the composition & substance of the legislature. Besides, The basic law (Grundgesetz) provides MPs with indemnity in their voting behavior & guarantees to them immunity from punishment for certain acts that other citizens would not be able to get away with. This relative freedom & independence of MPs is corrected by the rule books on the behavior of MPs that envision the necessity of their ethical conduct. The violations of the rules are sanctioned not so much by moderatorial law as by political means. The author's opinion is that deciding on their own affairs cannot be universally granted to parliaments. Constitutions allow, even call for, certain decisions on one's own affairs to be made. However, due to insufficient outside control, self-control must be increased, which implies legal obedience on the part of MPs so that laws become meaningful for all participants. Besides the ethical & political pressures that force the MPs to behave in a law-abiding manner, laws also exert positive pressure on them to see to it that their decisions serve the public good. Adapted from the source document.

In Croatia, the issue of the legal status of the sources of journalists' information as well as the status of journalists who publish sensitive information is increasingly gaining prominence. This is a subject that includes elements of constitutional, media, labor, civil, & penal law. The essay is limited to people as information sources. The sources can be divided into internal & external. The rationale for the sources' confidentiality privilege lies in the fact that journalists serve public goals & their sources can find themselves imperiled. According to the author's classification, the risks of this privilege are faced either by the sources (direct or indirect manipulation, smear campaigns, misapprehensions) or by the journalists ("protecting" a fictional source, subsequent blackmail of the source, misapprehensions). In Croatia, the protection of the information sources is defined in Article 12 of the Law on Public Information. The author outlines the major comparative systems of regulation of this field, the examples of antinomies among different Croatian regulations (the principles for their resolution are also offered) & analyzes the position of certain types of sources in relation to the Croatian law. And finally, the author compares the regulations of the Croatian law with the comparative systems, analyzes the representation of certain forms of responsibility of certain types of subjects & lists the principles he deems most important regarding journalists' work (the necessity of protecting the sources, the responsibility of journalists toward their sources, the different legal status of journalists & their sources, the protection of privacy, the verification of confidentiality, the more dominant interest, the importance of administrative ethics, the familiarity with the regulations, the adequate legal definition of a secret). 30 References. Adapted from the source document.

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.

Language plays the central role in the process of creation of a national identity. In the establishment of the supranational European identity, however, multilingualism is a democratic necessity guaranteeing equality to all European Union citizens. The decisions made by the European institutions influence everyday life of the citizens of the Union and for their legitimacy it is of the utmost importance that the citizens take an active part in the decision making process free of language barriers. In accordance with the EU language policy which guarantees an equal status to all the official languages of its member states -- once Croatia becomes a member of the Union the Croatian language will enjoy the position of an official language of the EU. In order to ensure Croatian citizens equality before the law and free access to the EU legislation, Croatia has the responsibility of translating the so called acquis communautaire, i.e. the total body of EU law, into Croatian and transpose it into its national legislation. The translation of the acquis must guarantee that the EU law is unequivocally interpreted and implemented and this can only be possible if the EU legal terminology is consistently and unambiguously used. Upon the Croatian accession to the EU, the Croatian translation of the acquis will be published in the special edition of the Official Journal of the EU and will become legally binding and used as the fundamental text for the interpretation and application of EU law in Croatia. Adapted from the source document.

Language plays the central role in the process of creation of a national identity. In the establishment of the supranational European identity, however, multilingualism is a democratic necessity guaranteeing equality to all European Union citizens. The decisions made by the European institutions influence everyday life of the citizens of the Union and for their legitimacy it is of the utmost importance that the citizens take an active part in the decision making process free of language barriers. In accordance with the EU language policy which guarantees an equal status to all the official languages of its member states -- once Croatia becomes a member of the Union the Croatian language will enjoy the position of an official language of the EU. In order to ensure Croatian citizens equality before the law and free access to the EU legislation, Croatia has the responsibility of translating the so called acquis communautaire, i.e. the total body of EU law, into Croatian and transpose it into its national legislation. The translation of the acquis must guarantee that the EU law is unequivocally interpreted and implemented and this can only be possible if the EU legal terminology is consistently and unambiguously used. Upon the Croatian accession to the EU, the Croatian translation of the acquis will be published in the special edition of the Official Journal of the EU and will become legally binding and used as the fundamental text for the interpretation and application of EU law in Croatia. Adapted from the source document.

Language plays the central role in the process of creation of a national identity. In the establishment of the supranational European identity, however, multilingualism is a democratic necessity guaranteeing equality to all European Union citizens. The decisions made by the European institutions influence everyday life of the citizens of the Union and for their legitimacy it is of the utmost importance that the citizens take an active part in the decision making process free of language barriers. In accordance with the EU language policy which guarantees an equal status to all the official languages of its member states -- once Croatia becomes a member of the Union the Croatian language will enjoy the position of an official language of the EU. In order to ensure Croatian citizens equality before the law and free access to the EU legislation, Croatia has the responsibility of translating the so called acquis communautaire, i.e. the total body of EU law, into Croatian and transpose it into its national legislation. The translation of the acquis must guarantee that the EU law is unequivocally interpreted and implemented and this can only be possible if the EU legal terminology is consistently and unambiguously used. Upon the Croatian accession to the EU, the Croatian translation of the acquis will be published in the special edition of the Official Journal of the EU and will become legally binding and used as the fundamental text for the interpretation and application of EU law in Croatia. Adapted from the source document.

The central preoccupation of Dag Strpic is the theoretical paradigm of understanding modernity -- specifically, in the sense of Marx's project of political economy critique. The focal point of his line of argument is the theory of labour value: a complex perception thereof should acquire core status within the "general theory" of modern society. Marxist political economy insisted on an immediate market application of Marx's value theory, and it showed indirectly that the theory was operatively inapplicable. At the same time, however, in doctrinaire versions of "economics" both the value theory and the entire corps of Marx's critique were dropped out. In opposition to the profuse ideologized practical-normative elaboration of the doctrine of self-administrative association of labour, at the time of its uncontested domination, Strpic clearly discerned that we are dealing with the principal orientation of the epochal social, economic and, above all, technological and communicational transformation which can be observed in global relations. But for him the essential theoretical question had to do with the underlying principles of the actual unfolding of the processes of socialization and association. In this respect, it is fitting at present to point to the paradigmatic change which Negri perceives in the tendential hegemony of non-material labour, resulting in the necessity to circumscribe the political language of transfer from modernity to postmodernity in the analyses of political science and philosophy. Adapted from the source document.

U radu se daje kratak pregled ustavnog uređenja Bosne i Hercegovine i Federacije Bosne i Hercegovine te položaja lokalne samouprave u vertikalnom ustroju vlasti. Pored toga, tretira se pitanje organizacije i nadležnosti jedinica lokalne samouprave. U radu se obrađuje pitanje prava na lokalnu samoupravu koju garantira Ustav Federacije Bosne i Hercegovine. Fokus istraživanja je usmjeren na službeničko pravo u Federaciji Bosne i Hercegovine, odnos političkih struktura prema službeničkoj profesionalnoj neovisnosti i ulogu i značaj koji državni službenici treba da imaju u postupcima ostvarivanja građanskih prava, odnosno prava na lokalnu samoupravu. Autor ukazuje na nužnost harmonizacije kantonalnog zakonodavstva iz oblasti službeničkog prava sa federalnim zakonodavstvom, te potrebu utemeljenosti službeničkog prava na načelima i dostignutim standardima u Europskoj uniji. ; A brief overview of the constitutional order of Bosnia and Herzegovina and the Federation of Bosnia and Herzegovina and the position of local self-government in the vertical structure of government is provided in the paper. In addition, the issue of the organization and jurisdiction of local self-government is treated. The issue of the right to local self-government guaranteed by the Constitution of the Federation of Bosnia and Herzegovina is addressed in this paper. The right of civil servants in the Federation of Bosnia and Herzegovina, the attitude of political structures to professional independence of civil servants and the role and importance that civil servants should have in the processes of exercising civil rights, and the right to local self-government is what the research is focused on. The necessity of harmonization of cantonal legislation on civil service law with federal legislation, and the need to base the civil service law on the principles and standards achieved in the EU is what the paper points out.

The studies of the third wave of democratization have shown the necessity for a more precise differentiation of forms of democracy, since the definition of democracy exclusively on the basis of pluralist elections has proved lacking. The author also thinks that the instruments of quantitative evaluation of democracies (e.g. the very popular Freedom House index) are not sufficient, primarily because the quantification is not theoretically sound enough & includes a huge dose of arbitrariness. Contrary to this, the author spells Out his concept of embedded & defective democracy. Starting from the terminological suggestion by Philippe Schmitter & the systemic-theoretical description of Niklas Luhmann's intrasystemic communication, the functionally embedded democracy can be defined as a relationship of interdependence & mutual support of five partial regimes of democracy: electoral regime, political freedoms, civil rights, horizontal accountability & the real governing power. Apart from these five partial regimes, whose stable interrelationship is a prerequisite for the internal embeddedness of democracy, there are some external democracy-fostering conditions: the high level of socio-economic development, the integration into the democratically-oriented international economic & political alliances & the vital civil society. The author puts particular emphasis on the importance of the latter since it is not a part of the democratic political system but a way of organizing a non-state sphere of individual & group activity for the protection of individual rights, safeguarding the rule of law, the political socialization & the institutionalization of the public as the medium of democratic self-reflexion. & finally, the main types of defective democracy are outlined -- the exclusive, the domain, the nonliberal & the delegative -- as well as the key reasons underlying these deficits. 3 Tables, 1 Figure, 60 References. Adapted from the source document.

Ljudska prava su temeljni standardi koje država mora jamčiti i osigurati svakom pojedincu. Osim zadovoljavanja bioloških potreba ona uključuju i sve druge uvjete života koji svakom pojedincu omogućuju da u potpunosti razvije i rabi svoje potencijale te da zadovoljava svoje društvene potrebe. Ljudima je trebalo puno vremena da prihvate činjenicu kako se ljudska prava odnosena sva ljudska bića, bez iznimke. I dijete je ljudsko biće i kao takvo treba uživati sva prava kao i odrasla osoba; djeca ih ne moraju "posebno" zaslužiti, i ona im se ne moraju "posebno" dati. No s obzirom na tjelesnu i psihičku nezrelost nametnula se potreba isticanja posebnih prava djeteta na zaštitu koja proizlaze upravo iz te činjenice. Obitelj je bila i ostala primarna zajednica čija je zadaća osigurati optimalne uvjete za rast i razvoj djeteta. Otuda njena važnost i nezamjenjivost sa stajališta pojedinca, ali i sa stajališta čitave društvene zajednice. Naravno, iz toga proizlazi da je obiteljska uloga najvažnija i u dječjem oblikovanju stavova i uvjerenja o njihovim pravima. Da bi se razumjela ljudska prava, a time i osposobilo za bolji život, potrebno je obrazovanje za ljudska prava koje treba započeti od najranije dobi. U tome bi se trebalo krenuti od prava djeteta, s obzirom na to da su ta prava djeci i mladima bliža. Obrazovanje za ljudska prava, učenje je koje razvija znanje i vještine, kao i vrijednosti za ljudska prava. Samo osobe koje razumiju ljudska prava radit će na osiguranju i obrani svojih i tuđih ljudskih prava.Empirijski dio rada odnosi se na rezultate koji su dobiveni istraživanjem kako adolescenti procjenjuju poštivanje svojih prava u obitelji, i to na uzorku od 104 ispitanika polaznika Ekonomsko-birotehničke škole u Splitu. Ukupno gledajući, dobiveni su rezultati pokazali da su mladi zadovoljni razinom poštivanja njihovih prava u obitelji. ; Human rights are the basic standards which government has to guarantee and provide to each individual. Except satisfying biological needs, human rights include all other life conditions that enable every individual complete development and ability to use their potentials in order tosatisfy their social needs.People needed a lot of time to accept the fact that human rights relate to every human being with no exceptions. Children are human beings, and as such should have the benefits of rights as the adults; neither do children have to deserve them nor should the rights be given to them.But, in a view of children's physical and psychological immaturity, the necessity of emphasizing special children's rights for protection imposed and rights derived exactly from that fact. The family was and is the primary community with the task of ensuring optimal conditions for child's growth and development. Therefore derives its significance and irreplaceability form individual's point of view, but also from community's point of view. Of course, it follows from this that the family's role is the most important in shaping children's attitudes and beliefs about their rights. In order to understand human rights, and thus enable better life it is necessary to start with the human rights education from an early age. It should start with children's rights, considering that these rights are closer to children and young people. Education for human rights is a study which develops knowledge, skills and values for human rights. Only people who understand human rights will work to secure and defend their own and others' human rights.The empirical part of the work refers to the results, which were obtained in a study that dealt with adolescents' assessment of respect for their rights within the family taken on a sample of 104 respondents who are students of Economic-administrative school in Split. Overall, obtained results showed that young people are satisfied with the level of respect for their rights in the family.

Predmet je ovoga rada razvoj zakonodavstva nadležnoga za regulativu lijekova u Banskoj Hrvatskoj u razdoblju Austro-Ugarske i na istom području kasnije, između dva svjetska rata, u okviru nove države (Kraljevstvo/Kraljevina SHS, odnosno Kraljevina Jugoslavija). Na početku vremenskoga razdoblja samo su ljekarne po propisima farmakopeje izrađivale službene lijekove. Na kraju promatranoga razdoblja to je područje imalo farmaceutsku industriju, sposobnu pratiti dosege svjetske farmaceutske industrije. Rad je napravljen s namjerom prikazati kako je zakonodavstvo pratilo novosti u farmaciji i farmaceutskoj industriji te kako je također proaktivno uvodilo i činilo obvezatnim nova praćenja svojstava lijekova. ; The variety of human diseases and necessity for curing them resulted in the appearance of medicines and medical treatments. Traditional or people's medicines had been applied in the old times. Rulers realized over time the importance of getting medicines and medical treatments codified. Pharmacies, being in charge for the production of medicines, existed from 13th century. The Habsburg Monarchy proclaimed the General Sanitary Order (Das Generalsanitätsnormativum) in 1770, codifying that physicians should visit pharmacies and control their work once a year. The pharmaceutical industry has taken over medicines production in the late 19th and the first half of the 20th century in Western Europe and North America, and new methods of medicines production has been occurring ever since.The Banal Croatia, which included today's Croatia without Međimurje, Baranja (Baranya), Istria and Dalmatia, had been relatively independent in the health policies in the period from 1869 to 1918, and passed the Law on Pharmacies in 1894. The Law stipulated the control of pharmacies rather than the control over the pharmaceutical industry. The traditional approach prevailed in healing of many different health issues at the times when modern medicines had not yet been developed. Pharmacists were barred from knowing the properties of medicines made by manufacturers, since manufacturers have kept ingredients and recipes of their sources of income secret. State was the only one privy to all of the properties of a medicine and such a medicine was usually known as "a secret remedy". The Banal Croatia witnessed the birth of a large-scale manufacturing of secret remedies by companies held by Adolphe Thierry de Chateauvieux and Eugen Viktor Feller.The interwar period saw the proliferation of the Croatian pharmaceutical industry. The Kingdom of Yugoslavia, in which the area of the Banal Croatia had been extended to Međimurje and Baranja, established the control of medicines made by the growing pharmaceutical industry. At first, the manufacturers were responsible for their products. In 1925 a state surveillance and control of medicines production and sale was established. It meant that the state had accepted the responsibility for the quality of medicines thereby making the state quality-proof assignments put on package inserts of medicines, as well as making the state registries and other documents regarding the medicines control. The Control of Biologics Act of 1930 made it clear that biological medicines are more important and that they treated efficiently the larger scope of health issues than chemical medicines had. The regulation related to the state control of medicines from the same year had been the biggest achievement of the interwar medicines state control. The regulation of medicines became an overall state affair, with the state comptrollers actively involved in the control of each and every batch of medicines. Banovina Hrvatska, which had included the former Banal Croatia, created the state institutes for production as well as control of medicines aimed at the centralization and co-ordination of production and control of medicines. The assessment of the properties of medicines improved as well, from the control of harmlessness to the controls of purity and potency. The control of efficiency was introduced later. The development of the production and regulation of medicines in the territory of Banal Croatia in the timeframe selected for this article moved in line with the development that occurred in the Western Europe and North America. When the Second World War broke out modern medicines regulation was already in existence.

Rad je podijeljen na četiri dijela. U prvom dijelu se predstavlja nauk konstitucije Gaudium et spes o odnosu Crkve i politike. Obrađuje se: narav i svrha političke zajednice, suradnja svih u političkom životu te politička zajednica i Crkva. Stavovi Ivana Pavla II. o vjernicima u politici predstavljeni su prikazom dokumenta Sinode o laicima 1987.: Christifideles laici koji je objavljen 1990. Papa je snažno tražio od laika da se uključe u politički život i smatrao da je grijeh ne baviti se politikom, s mišlju: svi su predmet i protagonisti politike. Poziva se na promicanje solidarnosti i karitativnog rada kroz politiku. Crkva i laici su dužni evangelizirati društveno-ekonomski život kao i kulturu. Zatim se iznose osnovne ideje iz Katekizma Katoličke Crkve i na koncu se obrađuje Doktrinarna nota o katolicima u politici, Zbora za nauk vjere iz 2002. godine. Nauk novijih crkvenih dokumenata o ovoj temi može se sažeti ovako: Vlast i država izviru iz ljudske naravi i moralnog zakona, a onda to znači i da imaju i božanski izvor. One su potrebne za funkcioniranje ljudskog života. Opće dobro i poštovanje osobe ključni su kriteriji za prosudbu svake vlasti, političara, režima i stranke. Priznaje se autonomija i odvojenost Crkve i države. Priznaje se pluralizam stranaka i režima. Poziva se sve kršćane da se uključe u politički život, dapače grijeh je ne baviti se politikom. Ako se zakoni i vlast protive općem dobru i dobru osobe, onda se vjernik političar treba distancirati i ne glasati za takve zakone. Crkva treba biti kritička svijest i savjest društva. ; This article is divided into four parts. The first part presents the doctrine of the constitution as described in Gaudium et spes: in other words it deals with the relationship between church and politics. It deals with the nature and purpose of political community, the cooperation of all in political life, and the political community and the Church. The views of John Paul II on the role of believers in politics are presented through an analysis of the 1987 Synod document on the laity, Christifideles laici, which was published in 1990. The pope strongly urges the laity to become involved in political life and takes the position that abjuring from politics can be sinful, noting that all are subject to and all are protagonists in politics. The pope stresses the necessity of promoting solidarity and charitable works through politics. Church and laity are obliged to evangelize in social and economic life as well as culture. The paper goes on to present the basic ideas of the Catechism of the Catholic Church, and finally the ideas of the Doctrinal Note on Catholics in Politics, issued by the Congregation for the Doctrine of the Faith in 2002. The doctrine of recent Church documents on this topic may be summarized as follows: authority and the state stem from human nature and the moral law, and this means that they have a divine source. They are necessary for the functioning of human life. The common good and respect for persons are the key criteria for judging governments, politicians, regimes and parties. The autonomy and separation of church and state should be recognized. The pluralism of parties and regimes should be recognized. All Christians are called to become involved in political life: in fact, it is sinful not to be involved in politics. If laws or authorities are against the common good and the good of the person, then the believer politician should distance himself from such laws and authorities and should not vote for such laws. The Church should be a critical conscience of society.