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The Current Legal Framework of the Use of Force against Terrorist Organizations

Author(s):Petra Perisic 
Journal: Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 18-30
Events that took place on 9/11, when symbols of American nation were destroyed by hijacked civilian airplanes, raised the issue of the effectiveness of the currently existing legal framework which regulates terrorist activities. Prior to that event, dealing with terrorist activities was mostly regulated by conventions, many of which were ratified by no more than couple of states. However, it became questionable whether these instruments are sufficient to fight terrorists who are not only immune to a threat of sanctions, but are even ready to sacrifice their lives. After the attacks took place, the United States launched against Afghanistan an armed action, ending up in a more than a decade long occupation, holding Taliban regime responsible for the attacks undertaken by Al-Qaida. The United States response to the 9/11 raised an important question: what is the legal response to terrorist attacks? This article explores the current legal framework of the use of force in response to terrorist attacks, especially with regard to distinguishing terrorist acts which are attributable to a certain state, from those which are undertaken by a terrorist group, not associated with any particular state.

Innovation in Justice and Security by Treaty of Lisbon

Author(s):Myzafer Elezi 
Journal: Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 31-37
The Lisbon Treaty is a legal package which includes previous treaties, starting from the year 1957, following the Treaty of Rome and the Treaty of Nice in 2001, summarized in a single text that introduces a number of changes of the way how the European Union works, in order to make it more efficient for its citizens. This Treaty converts the European Union for the first time in a single entity, unifying pillars of its activities which are as follows: the European Communities, Common Foreign and Security Policy, and Judicial Cooperation in Criminal Matters, which so far only the European Communities had the status of judicial person. It modifies the Treaty of European Union, created by the European Union and the Treaty created by the European Community, which is in power, but do not replace them. The new Treaty gives the EU the legal framework, and necessary tools to face the future challenges and to respond to its citizen’s perspectives. The Conference will introduce all the innovations that the Treaty of Lisbon brings not only in the field of security and foreign policy of the EU, but also in those related to police and judicial cooperation regarding criminal matters.

The Process of Denationalization in the Republic of Macedonia from the Perspective of International Law and in the Light of the Country’s Accession Process to the EU

Author(s):Bekim Nuhija 
Journal: Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 38-47
This paper highlights some considerations concerning the restoration process of previously deprived private property by the communist regime from the perspective of international and European legal commitments which became part of the Macedonian legal system through adhesion, ratification and statal succession. There are several publications that deal with practical aspects of the process of denationalization in Macedonia, however very few of them relate the issue with country’s obligations under international and EU law. The paper uses legislative analysis to highlight some of the most important obligations that derive from international legal instruments regarding the process of denationalization. It also It also analyses the reports of the European Union following the monitorization of the accession process and their implementation in practice. The monitoring of the denationalization process in Macedonia by the European Union has had positive results, however, it should not be limited only to the review of the existing legislation, but should seek concrete action plans with clear benchmarks, budgets and responsible institutions. The study could have implications for the category of people who intend to restore the property rights that had been deprived by the communist regime. This paper offers an insight on the issue of denationalization in Macedonia in the context of its accession in the European Union.

Constitutional Judiciary in the Republic of Macedonia under the shadow of its Fiftieth Anniversary-Situation and Prospects

Author(s):Jeton Shasivari 
Journal: Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 48-66
In this paper, the author analyzes the position, prospects and challenges of the Constitutional Court of the Republic of Macedonia, in light of the fiftieth anniversary of the existence of this institution which in the socialist past suffered from complete marginalization, and people’s conscience of its significance is yet to be built. This article aims to explain and assess the constitutional concept of the Constitutional Court of this country as a public authority which consists of the organizational and functional aspects. The organizational aspect involves the composition of the Constitutional Court, the election of the judges and their legal position. The functional aspect involves the issue of jurisdiction of the Constitutional Court, the legal procedure for carrying out such responsibilities and the legal effect of its decisions. Finally, the paper refers to the functioning of the Constitutional Court in the period 2008-2012, analyzing statistical data on the structure of the Court's decisions by various parameters, by highlighting the relevant findings on its situation and prospects.

Iurisdictio Mechanism in Terms of the European Judge Activity Within the Preliminary Ruling Procedure

Author(s):Dan Cimpoeru 
Journal: Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 67-72
The Court of Justice of the European Union, alongside national courts, provides not only a consistent and uniform application of European law but, Apparently paradoxical, from a certain perspective, creates new rules of law. Of course, at first glance, our assumption may seem hazardously, and in any case not in accordance the "classic" conception that the judge is only meant to apply a law to a particular case, issuing rules of law shall be the competence of the legal bodies of states. In these circumstances, we considered it useful to examine an ancient Roman law concept - iurisdictio - and show that it is still current. Usually, when the magistrate "speaks right", the solution which will be given will be implicitly included in the rule indicated (which is pre-existing) because the judge is only to find, after the debates and on the evidence, whether the rule of law is not applicable or practical case to be decided. However, this study also addresses the way in which iurisdictio operates in terms of the European judge activity within the preliminary ruling procedure.

The Particularities Involved in Crime Scene Searchings in lIlicit Traffic of Drugs

Author(s):Nicoleta Elena Buzatu 
Journal: Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 73-81
The investigation of the crime scene plays an important role in discovering and sampling the proofs. The crime scene is considered to be the most important place in a penal investigation, as this is the place where the prints of the criminals and of the victims are to be found: visible, hidden, placed deliberately or by negligence or ignorance. The article under discussion will focus on the static and dynamic stages carried on in the investigation of the crime scene and will analyze the modalities and the operating systems used by the drugs traffickers. Such an investigation presumes that the penal legal authorities should have been informed that a penal deed had been committed by petition or denunciation, as provided by article 221 of the Penal Code, or to take its own self notice/ decision when finding out - no matter how - that such an offence has taken place and conclude a written report.

Some Considerations on the Concept of Public Authorities and Public Officials in New Criminal Code Regulations

Author(s):Mircea Tutunaru
Journal: Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 82-88
By using the word “public”, the Criminal Law refers to all public authorities and institutions and also to all legal entities of public law. Particular attention is paid to the public function and to its holder- the civil servant. It also provides the conditions that a person has to meet in order to act as a public servant. Prerogative power is an essential element in the official identification of the public servant.

Legal Limitations of Researching and Using the Stem Cells

Author(s):Ciasc Rustin 
Journal: Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 89-99
The importance of research in view of using stem cells for scientific and medical purposes must be regulated in a clear and, to the degree possible, single manner, at European and world level. Beginning with this obvious necessity, this article attempts to review the relevant provisions in the domestic legislation, while supplying the required appreciations and criticism. In the end, it reaches the idea, also upon replying on some compared law elements, that not only some legislative modifications or adaptations are imposed, in connection to the normative acts in force, but particularly the creation of a complete and complex legislative framework. It must cover the existence of all practical situations and regulate the scientific research activity in this domain, without ignoring at any time the inviolability of human dignity and acknowledging the right of integrity of the person’s body and mind.

The Evolution of the Nondiscrimination Concept in the European Labour Law

Author(s):Radu Popescu 
Journal: Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 100-116
Objectives Most states have incorporated all the grounds of discrimination included in the two Directives in their national antidiscrimination legislation. The most pressing issue is the proper application of national anti-discrimination laws and the active enforcement of rights. Prior Work. In general, protection against discrimination on any of the grounds of the Directives in the states is not conditional on nationality, citizenship or residence status. In the majority of states, both natural and legal persons are protected against discrimination. Results. The law remains complex and remedies often inadequate. Further work is needed to ensure the credibility and admissibility of methods of proof such as statistical evidence. When a decision is rendered by courts or equality bodies, sanctions are not always observed by respondents, and recommendations are not always followed by public authorities. Value. We think this article is a small step in the disclosure of the problem eraised by the nondiscrimination concept.
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