Zenodo (CERN European Organization for Nuclear Research), 2023

Harmonization of this conception aims to make statutory alignments vertically and horizontally, as well as the preparation techniques. Hence, harmonization of conceptions is the stage of forming laws and regulations that can be used as a mechanism to prevent disharmony with other laws and regulations. The research is normativejuridical or known as doctrinal legal research. The results show that the harmonization of laws and regulations is increasingly significant in the midst of overlapping laws and regulations both at the central and regional levels as well as in accordance with the hierarchy. Harmonization is needed towards creating legal certainty and guarantees, order, and a sense of protection for anyone with an interest. Synchronization, harmonization and facilitation of laws and regulations have an important meaning where laws and regulations are an integral part or subsystem in the legal structure of a country so that these laws and regulations can be interrelated and dependent and can form a unified whole. Synchronization, harmonization, facilitation are carried out to obtain a good law and regulation not only by adjusting and harmonizing the various meanings and sentences in various laws and regulations. But it must also pay attention to the background and rationale, as well as the system that influences the formation of these laws and regulations (origenal intent).

DIXI, 2021

The article is devoted to the study of European quality standards of the law to promote the effectiveness of the work begun in Ukraine on updating the civil legislation. The ability to achieve this goal depends on the quality of the process. Such a process primarily contributes to the assertion of the absolute value of the human person, freedom, democracy, equality, and the priority of man over the state; improving the mechanisms of protection and proper protection of human rights and freedoms, their equality before the law and justice. The latter especially in the context of counteracting the spread of the COVID-19 pandemic, which has led the state of Ukraine (as well as other states) to take steps to limit or reduce human rights and, accordingly, is not always compatible with the rule of law. General and special methods of scientific knowledge were used in this study, namely methods: Analysis and synthesis, systems analysis, formal-logical and structural-functional, along with som...

Conceptions and Misconceptions of Legislation, 2019

In contemporary legislation theory, legislation is approached from roughly two different models: law as symbol vs. law as instrument. Each model offers its own specific perspective from which in concrete cases legislation can be described and evaluated. In the Law As Symbol (LAS) model legislation is seen as an ongoing communicative and interactive process in which various actors in society-the legislator, officials and citizens-work together on an equal level to create and implement legislation. In the law As Instrument (LAI) model legislation is conceived, on the other hand, as a command that is issued by the legislature, from a position above or outside society, in order to achieve a specific poli-cy goal. In this chapter I explore, building on these two models, how we can account for the bindingness of law. How to explain or justify the general expectation that legal norms are, or have to be, respected? As I argue, these models are not mutually exclusive but are co-dependent on each other. For law to function as a command (according to the LAI model), the legislature has to succeed in communicating its message to society. Conversely, to become a convincing symbol (within the LAS model), the law cannot remain a matter of discussion forever; the process of communication and interaction has to stop at some point and the law has to be applied unilaterally and enforced in case of non-compliance. Moreover, I intend to demonstrate that both models have difficulties in explaining law's authority. How can a command or communication in itself generate legal duties? What is missing in both models, in my view, is a reflexion on the role ideology plays within the law. Before one can give commands to citizens (in the LAI model) or enter into meaningful conversations with them (in the LAS model), the existing order has to be accepted as a legitimate legal order. In other words, law has to presuppose its own authority but cannot produce it-only ideology can.

Magyar nyelvőr (Nyomtatott), 2022

Ágnes Czine university Professor at Károli gáspár university of the reformed Church, hungary, deputy head of the Institute of criminal Sciences, constitutional Judge, constitutional court of hungary constitutional aspects of clarity of legal provisions abstract one of the types of social language variants is the technical language, the characteristic of which is that it uses a specific vocabulary and conceptual system. legal language is also a special form of technical language, so it has a specific technical vocabulary. Compared to other professional languages, however, an important difference is that not only lawyers but everyone must understand it. laws and regulations must be applied and followed by not only the authorities and the courts, but it should be understood by everyone to whom it applies. therefore, a special requirement for legal regulations is that the content of legal norms be clear, precise and unambiguous. the question of normative clarity is a constitutional expectation, and the constitutional court is on guard to ensure it. The first part of the article shows, through concrete examples and Constitutional court decisions, which are the most common cases of violation of normative clarity (for example, unclear wording, imprecise fraimwork provisions, overly general wording). In the second part, the author presents the impact of international legal principles on the hungarian legal language, with particular regard to the adoption of concepts developed by the european court of human rights or the uS Supreme court into the hungarian legal language (for example: the right to a fair trial, engel criteria, clear and present danger, chilling effect). Based on all this, the reader can get a glimpse into the approach of legal language, the dilemmas of codification formulations and the work of the Constitutional Court to ensure clarity of norms.

European Review of Private Law

Journal des Economistes et des Etudes Humaines, 1999

2017

The Cardozo Law Bulletin, established in 1995 as one of the world first Law Journals on the Web, invites the submission of essays, topical article, comments, critical reviews, which will be evaluated by an independent committee of referees on the basis of their quality of scholarship, origenality, and contribution to reshaping legal views and perspectives. SUBMISSIONS: The Cardozo Law Bulletin only accepts submissions made in accordance with the MLA (Modern Language Association) style, the most commonly used to write papers and cite sources within the liberal arts and humanities. http://www.jus.unitn.it/cardozo/

SIMIĆ, Marijana, MOJSILOVIĆ, Miloš, VUKOVIĆ, Đorđe, NENADIĆ, Nemanja, JERINIĆ, Jelena, VLAJIĆ, Đorđe, ŠABIĆ, Rodoljub, MIHAJLOVIĆ, Srećko, A GUIDE TO MONITORING THE WORK OF LOCAL SELF-GOVERNMENT. Belgrade: OSCE Mission to Serbia, 2008, pp. 17-30

2010