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Volume 18 (2018): Edizione 1 (June 2018)

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Volume 17 (2017): Edizione 1 (June 2017)

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Volume 16 (2016): Edizione 1 (June 2016)

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Volume 14 (2014): Edizione 2 (December 2014)

Volume 14 (2014): Edizione 1 (June 2014)

Volume 13 (2013): Edizione 2 (December 2013)

Volume 13 (2013): Edizione 1 (June 2013)

Volume 12 (2012): Edizione 2 (December 2012)

Volume 12 (2012): Edizione 1 (June 2012)

Volume 11 (2011): Edizione 2 (December 2011)

Volume 11 (2011): Edizione 1 (June 2011)

Dettagli della rivista
Formato
Rivista
eISSN
2464-6601
Pubblicato per la prima volta
08 Jun 2011
Periodo di pubblicazione
2 volte all'anno
Lingue
Inglese

Cerca

Volume 14 (2014): Edizione 2 (December 2014)

Dettagli della rivista
Formato
Rivista
eISSN
2464-6601
Pubblicato per la prima volta
08 Jun 2011
Periodo di pubblicazione
2 volte all'anno
Lingue
Inglese

Cerca

7 Articoli
Accesso libero

The Role of the UN Security Council vis-à-vis the International Criminal Court – Resolution 1970 (2011) and its Challenges to International Criminal Justice

Pubblicato online: 24 Jan 2018
Pagine: 7 - 23

Astratto

Abstract

On February 26 2011, the UN Security Council unanimously adopted Resolution 1970 referring the situation concerning Libya to the International Criminal Court (ICC). Th is unprecedented support for and acknowledgment of the ICC did not come without a price: conditio sine qua non for Council members not party to the ICC was the inclusion of operative § 6 into the resolution, which exempts certain categories of nationals of non-parties from ICC jurisdiction. Th e same highly controversial exemption was included in the Security Council’s referral of the situation in Darfur to the ICC in 2005. Deviating from the Rome Statute’s jurisdiction regime such practice not just poses challenges to principles of international criminal justice but raises the question whether the Rome Statute is altered by the resolution containing the referral to the effect that the ICC is being bound to the exemptions contained in its exercise of jurisdiction. Addressing these issues, the present paper elaborates firstly on the jurisdictional exemption of § 6 and its effect on the ICC, followed by a discussion of resulting challenges to the principle of legality, the principle of universal jurisdiction for international crimes, the equality of individuals before the law and the principle of independence of the court.

Parole chiave

  • UN Security Council
  • referral
  • International Criminal Court
  • international criminal justice
  • Resolution 1970
Accesso libero

The Concept of the Right to Cultural Heritage within the Faro Convention

Pubblicato online: 24 Jan 2018
Pagine: 25 - 40

Astratto

Abstract

The paper deals with the protection of cultural heritage and defines its value to society within the Faro Convention, which was adopted by the Council of Europe in 2005. Author is focuses on the innovative concept of the “common heritage of Europe“ and its relationship to human rights and fundamental freedoms. The paper addresses the right to cultural heritage which is within the Faro Convention expressed as a dimension of the right to participate in the cultural life of the community and the right to education. In this context, the paper refers to other international human rights documents, such as the Universal Declaration of Human Rights or the International Covenant on Economic, Social and Cultural Rights. The paper also presents other individual principles and provisions of the Faro Convention regarding organisation of public responsibilities for cultural heritage or access to cultural heritage and democratic participation.

Parole chiave

  • cultural heritage
  • human rights
  • right to participate in cultural life
  • right to education
  • Council of Europe
  • Faro Convention
Accesso libero

European Integration and Czech Sovereignty ‘Synchronized’

Pubblicato online: 24 Jan 2018
Pagine: 41 - 58

Astratto

Abstract

European integration entity ceased to be just a forum for negotiations between independent and sovereign nation states. To some extent it overlaps with the states and becomes their competitor. In this context, the classical concept of state sovereignty loses its original content and meaning. The participation in the integration project opens the question whether it takes away or weakens sovereignty of Member States? This paper puts on four arguments to proof the hypothesis that Czech Republic continues to be a sovereign country even aft er accession to the European Union.

Parole chiave

  • EU
  • Sovereignty
  • Czech Republic
  • Constitutional and Supranational Safeguards
Accesso libero

Some Aspects of Criminal Liability for Sports Injuries

Pubblicato online: 24 Jan 2018
Pagine: 59 - 69

Astratto

Abstract

The essence of the problem of using criminal law to affect sports injuries caused in sport lies in the fact that the means of criminal law to interfere in sport or not. From this perspective, we talk about two theories: the theory of absolute immunity sports and the theory of strict adherence to the rule of law. These two concepts are supplemented by a number of theories that perspective as an autonomous system that contains its own rules of conduct that regulate internal relations in sports. In the event that disciplinary liability is not sufficient in this case, can be applied liable under civil and administrative law. In the most serious cases, the possibility of protecting the rights and legitimate interests in sport according to the norms of criminal law. The subject of this article is selected aspects of criminal responsibility in different sports, both individual and collective. From individual sports we mainly deal with skiing. The contact sports in this article will be football, hockey and rugby.

Parole chiave

  • criminal liability
  • injuries in sport
  • disciplinary liability
  • team sports
  • individual sports
  • violation of the rules
  • illegal conduct
Accesso libero

Powers of the President in the Romanian Semi-Presidential System. Critical Features

Pubblicato online: 24 Jan 2018
Pagine: 71 - 82

Astratto

Abstract

In Romania, a semi-presidential system characterized by an exaltation of the powers of the President of the Republic, there would be critical observations to be reported in relation to this institution. More precisely, it refers to the constitutional provisions which weaken the President among the political institutions and could also lead to different interpretations. First of all, the paper examines the President as popularly elected body but that does not reflect fully the will of the nation. Secondly, its oath violated the freedom of religion and if the wording will not be changed, will continue to constitute a discrimination against other non Orthodox President that could be elected. Moreover, the Romanian legal system is characterized by an independence of the President in its relationship with the Parliament but on the one hand, that does not mean that the President is more powerful in the event of dissolution of the Parliament and the other hand, the Parliament is completely independent in determining its competences in relations with the office of the Presidency.

Parole chiave

  • Romanian President
  • constitutional provisions
  • oath
  • prorogatio
  • Parliament’s dissolution
Accesso libero

Introducing Important Changes Concerning the Avoidance of Double Taxation Between Czech Republic and Poland

Pubblicato online: 24 Jan 2018
Pagine: 83 - 92

Astratto

Abstract

On January 1, 2013 a new treaty between the Czech Republic and the Republic of Poland dealing with avoidance of double taxation as well as prevention of tax evasion in the field of income tax has come into effect. The treaty newly introduced the taxation of income of the permanent establishment, changes in rates of dividend taxes, interest rates and royalties, and, last but not least, what has been altered is even the definition of royalties. Furthermore, the treaty also brings a new adaptation of the profits of associated enterprises. Approval of the clause regarding exchange of information as well as cancellation of the tax-sparing clause is a novelty. This article is dealing with the description of the changes and novelties and the indication of the potential importance.

Parole chiave

  • avoidance of double taxation
  • treaty with the Republic of Poland
  • the permanent establishment
  • dividend taxes
  • interest and royalties
  • the associated enterprises
Accesso libero

Goods in Transit and Intellectual Property Under the EU Law and Caselaw of the Court of Justice

Pubblicato online: 24 Jan 2018
Pagine: 93 - 104

Astratto

Abstract

The paper addresses the issue whether customs authorities of Member States are entitled to suspend or detain goods in transit (i.e., products directing from one non- Member State to another non-Member State through the EU) and the evolving case-law of the Court of Justice related to this matter. Prior to the judgment in Philips and Nokia cases, a so-called manufacturing fiction theory was applied by some Member State courts (especially Dutch courts). According to this theory, goods suspended or detained by customs authorities within the EU were considered to be manufactured in the Member State where the custom action took place. In the Philips and Nokia judgments, the Court of Justice rejected this manufacturing fiction theory. But the proposal for amendment to the Regulation on Community trade mark and the proposal of the new Trademark directive, as a part of the trademark reform within the EU, go directly against the ruling in the Philips and Nokia cases and against the Understanding between the EU and India.

Parole chiave

  • goods in transit
  • goods infringing intellectual property rights
  • manufacturing fiction theory
  • customs action
7 Articoli
Accesso libero

The Role of the UN Security Council vis-à-vis the International Criminal Court – Resolution 1970 (2011) and its Challenges to International Criminal Justice

Pubblicato online: 24 Jan 2018
Pagine: 7 - 23

Astratto

Abstract

On February 26 2011, the UN Security Council unanimously adopted Resolution 1970 referring the situation concerning Libya to the International Criminal Court (ICC). Th is unprecedented support for and acknowledgment of the ICC did not come without a price: conditio sine qua non for Council members not party to the ICC was the inclusion of operative § 6 into the resolution, which exempts certain categories of nationals of non-parties from ICC jurisdiction. Th e same highly controversial exemption was included in the Security Council’s referral of the situation in Darfur to the ICC in 2005. Deviating from the Rome Statute’s jurisdiction regime such practice not just poses challenges to principles of international criminal justice but raises the question whether the Rome Statute is altered by the resolution containing the referral to the effect that the ICC is being bound to the exemptions contained in its exercise of jurisdiction. Addressing these issues, the present paper elaborates firstly on the jurisdictional exemption of § 6 and its effect on the ICC, followed by a discussion of resulting challenges to the principle of legality, the principle of universal jurisdiction for international crimes, the equality of individuals before the law and the principle of independence of the court.

Parole chiave

  • UN Security Council
  • referral
  • International Criminal Court
  • international criminal justice
  • Resolution 1970
Accesso libero

The Concept of the Right to Cultural Heritage within the Faro Convention

Pubblicato online: 24 Jan 2018
Pagine: 25 - 40

Astratto

Abstract

The paper deals with the protection of cultural heritage and defines its value to society within the Faro Convention, which was adopted by the Council of Europe in 2005. Author is focuses on the innovative concept of the “common heritage of Europe“ and its relationship to human rights and fundamental freedoms. The paper addresses the right to cultural heritage which is within the Faro Convention expressed as a dimension of the right to participate in the cultural life of the community and the right to education. In this context, the paper refers to other international human rights documents, such as the Universal Declaration of Human Rights or the International Covenant on Economic, Social and Cultural Rights. The paper also presents other individual principles and provisions of the Faro Convention regarding organisation of public responsibilities for cultural heritage or access to cultural heritage and democratic participation.

Parole chiave

  • cultural heritage
  • human rights
  • right to participate in cultural life
  • right to education
  • Council of Europe
  • Faro Convention
Accesso libero

European Integration and Czech Sovereignty ‘Synchronized’

Pubblicato online: 24 Jan 2018
Pagine: 41 - 58

Astratto

Abstract

European integration entity ceased to be just a forum for negotiations between independent and sovereign nation states. To some extent it overlaps with the states and becomes their competitor. In this context, the classical concept of state sovereignty loses its original content and meaning. The participation in the integration project opens the question whether it takes away or weakens sovereignty of Member States? This paper puts on four arguments to proof the hypothesis that Czech Republic continues to be a sovereign country even aft er accession to the European Union.

Parole chiave

  • EU
  • Sovereignty
  • Czech Republic
  • Constitutional and Supranational Safeguards
Accesso libero

Some Aspects of Criminal Liability for Sports Injuries

Pubblicato online: 24 Jan 2018
Pagine: 59 - 69

Astratto

Abstract

The essence of the problem of using criminal law to affect sports injuries caused in sport lies in the fact that the means of criminal law to interfere in sport or not. From this perspective, we talk about two theories: the theory of absolute immunity sports and the theory of strict adherence to the rule of law. These two concepts are supplemented by a number of theories that perspective as an autonomous system that contains its own rules of conduct that regulate internal relations in sports. In the event that disciplinary liability is not sufficient in this case, can be applied liable under civil and administrative law. In the most serious cases, the possibility of protecting the rights and legitimate interests in sport according to the norms of criminal law. The subject of this article is selected aspects of criminal responsibility in different sports, both individual and collective. From individual sports we mainly deal with skiing. The contact sports in this article will be football, hockey and rugby.

Parole chiave

  • criminal liability
  • injuries in sport
  • disciplinary liability
  • team sports
  • individual sports
  • violation of the rules
  • illegal conduct
Accesso libero

Powers of the President in the Romanian Semi-Presidential System. Critical Features

Pubblicato online: 24 Jan 2018
Pagine: 71 - 82

Astratto

Abstract

In Romania, a semi-presidential system characterized by an exaltation of the powers of the President of the Republic, there would be critical observations to be reported in relation to this institution. More precisely, it refers to the constitutional provisions which weaken the President among the political institutions and could also lead to different interpretations. First of all, the paper examines the President as popularly elected body but that does not reflect fully the will of the nation. Secondly, its oath violated the freedom of religion and if the wording will not be changed, will continue to constitute a discrimination against other non Orthodox President that could be elected. Moreover, the Romanian legal system is characterized by an independence of the President in its relationship with the Parliament but on the one hand, that does not mean that the President is more powerful in the event of dissolution of the Parliament and the other hand, the Parliament is completely independent in determining its competences in relations with the office of the Presidency.

Parole chiave

  • Romanian President
  • constitutional provisions
  • oath
  • prorogatio
  • Parliament’s dissolution
Accesso libero

Introducing Important Changes Concerning the Avoidance of Double Taxation Between Czech Republic and Poland

Pubblicato online: 24 Jan 2018
Pagine: 83 - 92

Astratto

Abstract

On January 1, 2013 a new treaty between the Czech Republic and the Republic of Poland dealing with avoidance of double taxation as well as prevention of tax evasion in the field of income tax has come into effect. The treaty newly introduced the taxation of income of the permanent establishment, changes in rates of dividend taxes, interest rates and royalties, and, last but not least, what has been altered is even the definition of royalties. Furthermore, the treaty also brings a new adaptation of the profits of associated enterprises. Approval of the clause regarding exchange of information as well as cancellation of the tax-sparing clause is a novelty. This article is dealing with the description of the changes and novelties and the indication of the potential importance.

Parole chiave

  • avoidance of double taxation
  • treaty with the Republic of Poland
  • the permanent establishment
  • dividend taxes
  • interest and royalties
  • the associated enterprises
Accesso libero

Goods in Transit and Intellectual Property Under the EU Law and Caselaw of the Court of Justice

Pubblicato online: 24 Jan 2018
Pagine: 93 - 104

Astratto

Abstract

The paper addresses the issue whether customs authorities of Member States are entitled to suspend or detain goods in transit (i.e., products directing from one non- Member State to another non-Member State through the EU) and the evolving case-law of the Court of Justice related to this matter. Prior to the judgment in Philips and Nokia cases, a so-called manufacturing fiction theory was applied by some Member State courts (especially Dutch courts). According to this theory, goods suspended or detained by customs authorities within the EU were considered to be manufactured in the Member State where the custom action took place. In the Philips and Nokia judgments, the Court of Justice rejected this manufacturing fiction theory. But the proposal for amendment to the Regulation on Community trade mark and the proposal of the new Trademark directive, as a part of the trademark reform within the EU, go directly against the ruling in the Philips and Nokia cases and against the Understanding between the EU and India.

Parole chiave

  • goods in transit
  • goods infringing intellectual property rights
  • manufacturing fiction theory
  • customs action

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