Constitutional Law & Governance
Nationale Einheit oder ethnische Vielfalt? Die poliethnischen Politiken...
Nationalstaat; ethnische Vielfalt; Homogenisierung; Multikulturalismus; nationale Identität; politische Einheit
Die Studie untersucht die historische Entwicklung des Nationalstaates sowie das Verhältnis zwischen nationaler Homogenisierung, ethnischer Vielfalt und Multikulturalismus. Sie vertritt die These, dass ein multiethnischer Staat mit multikultureller Politik die traditionellen Integrations- und Legitimationsgrundlagen des Nationalstaates grundlegend verändert.
GULYÁS, ÉVA
The Transformation of the Institutional System of Appointed Defence Counsels and...
Appointed defence counsels, bill, criminal procedure, effective defence
The on-going drafting of bill on criminal procedure contains significant improvements in certain scopes; however in some cases, the bill preserves the existing regulation. The object of my examination is the transform of defense. The previous regulation was concerned many critics. An ombudsman’s report, dating from 2012, criticized the foundations of the institution of public defender. The on-going drafting of bill responds to the report, almost point by point, and correct the past mistakes. Presumably the bill coming into force, not only pages, but also in practice, creates the effective protection. It was the fundamental objective of the draft.
BENCZE, KRISZTINA
The Legality of the Pristina - Belgrade Political Dialogue...
Dialogue; state-building; Europeanization; Kosovo; Serbia; EU; constitution
In order to fulfil the preconditions set by the European Union vis-à-vis Western Balkans, countries of the latter must meet numerous criteria to show that they are ready to adhere in the EU. One of those conditions as stipulated in the Stabilization and Association Agreement is the regional cooperation, which entails the good neighbouring relations between candidate and/or potential candidate countries. In order to help both Kosovo and Serbia fulfil partially these criterions, EU has decided to step in and facilitate a high level political dialogue between the two countries. However this is being done by the EU in ambiguous terms, and uncovering a risk of constitutional crisis in Kosovo. The dialogue is meant to provide a fast track mechanism for reconciliation and good neighbouring relations, however this needs to be done at the cost on finding a creative approach and often violating provisions of the Constitution of one side, Kosovo, since it doesn’t recognize it as a state but rather as a territorial entity still in line with the Resolution 1244 of the UNSC (1999). The paper provides an analytical approach of the agreements signed and binding legal documents, such as the Constitution of the Republic of Kosovo (2008), in order to point out key elements of constitutional infringement. Further, the paper argues briefly the imposing provisions of the agreement by the EU in the Europeanization context, concluding that the Europeanization process cannot be fitted universally without carefully analysing the legal as well as the cultural and historical context.
PUSTINA, LORIK
European Court of Human Rights Case Law on Protection of Personal Data...
European Court of Human Rights; data protection; human rights; Turkey
Protection of Personal Data is one of the newest right developed within the Right to Privacy. This fundamental right has been perceieved mostly as a European value giving as a reason that it has been continuesly develop-ing under the European legal framework. Turkey also follows European heritage of human rights as one of the member of the Council of Europe and European Union candidate country. Recognition of personal data pro-tection as a single fundamental right was a late action of Turkey. For this reason, some of the data potection cases could not solved in Turkey’s jurisdiction, but were referred to the European Court of Human Right. If there was well-grounded data protection law before, the cases could be solved quicker and more in favor of Plaintiffs.
VÁRKONYI-GÜLTEKIN, GIZEM
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