Presentation Transcript

1. English for TaxAdministration 1

   Lecturer: Miljen Matijašević G10, room 6/I, Tue 11:30-12:30 e-mail: miljen.matijasevic@gmail.com Session 8, 10 Dec 2013
2. Today’s session Revisionofthelastsession TheSignificanceofConstitutionandConstitutionalityin a DemocraticSociety
3. Revision of the last session Legal Aid
4. Revision – Legal Aid What do the following terms refer to? What are their Croatian equivalents? Litigation Income Assets Defamation Eligible
5. Revision – Legal Aid Answers Litigation – parničenje Income – dohodak Assets – imovina Defamation – kleveta Eligible – pogodan, zadovoljava uvjete
6. Revision – Legal Aid Answer the followingquestions: What two types of legal assistance do people usually need? What are the means and merit tests? What types of cases do not qualify for free legal aid? What is a Conditional Fee Agreement?
7. Vocabulary practice provider – defamation – assets – eligible – judicial – claim If it is established that a defendant in a criminal proceeding has substantial .............. , he or she is not .............. for free legal aid. Unhappy with the court’s decision, Mr. Caulfield filed for .............. review. The Legal Services Commission concludes contracts with various .............. of legal assistance and representation, ranging from voluntary organisations to large law firms. Marion Kirby thought the article published about her contained information damaging to her reputation, so she decided to file a .............. lawsuit against the author of the article. In the past, legal aid could be obtained from any solicitor, who would then .............. their fees from the State.
8. Vocabulary practice provider – defamation – assets – eligible – judicial – claim If it is established that a defendant in a criminal proceeding has substantial ASSETS, he or she is not ELIGIBLE for free legal aid. Unhappy with the court’s decision, Mr. Caulfield filed for JUDICIAL review. The Legal Services Commission concludes contracts with various PROVIDERS of legal assistance and representation, ranging from voluntary organisations to large law firms. Marion Kirby thought the article published about her contained information damaging to her reputation, so she decided to file a DEFAMATION lawsuit against the author of the article. In the past, legal aid could be obtained from any solicitor, who would then CLAIM their fees from the State.
9. TheSignificanceofConstitutionandConstitutionalityin a DemocraticSociety TheConstitutionoftheRepublicof Croatia Unit 12
10. What is a constitution? the supreme legal act, to which legislation and other regulations must conform the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it
11. Importanceofconstitutions Laysdownthekeyprinciples on which a society, politicaland legal system are built Setsouttheorganisationofgovernment Guaranteesrightsandfreedomsofitscitizens Strategicpoliticalactof a state andof a people Legitimizes a democratic state beforetheinternationalcommunity Facilitatesstability
12. Typesofconstitution federal (multilayered) * written * rigid unitary * unwritten * flexible
13. TheConstitutionofthe UK Not a singledocument Unwritten – containedinmaypiecesoflegislation (statutes), caselawandconvention (!) Monarchy BUT Parliamentarysupremacy Parliament – makeslaws, appointstheexecutive, thejudiciary
14. The Constitution of the Republic of Croatia Promulgated on 22 December 1990, amended in 1997, 2000, 2001 and 2010 Contains the following sections: Historical foundations Basic provisions Protection of human rights and fundamental freedoms Organization of government The Constitutional Court of the Republic of Croatia Local and regional self-government International relations Amending the Constitution Final provisions
15. The Constitution of the RC Historical foundations Outlines the history of the Croatian state, i.e. the political idea of Croatia as an independent state from the 7th century onwards Draws upon the legacy of the rejection of communism and the political changes in the late 1980s and of the Homeland War “Respecting the will of the Croatian nation and all citizens, resolutely expressed in the free elections, the Republic of Croatia is hereby founded and shall develop as a sovereign and democratic state in which equality, freedoms and human rights are guaranteed and ensured, and their economic and cultural progress and social welfare promoted. “
16. The Constitution of the RC Basic provisions Define the Republic of Croatia as a unitary and indivisible, sovereign democratic and social state Lay down the most fundamental features of the state: organisation of government, democratic principles, separation of powers, political parties, armed forces, the national flag, coat of arms, anthem, language and script, and the capital city
17. The Constitution of the RC Protection of human rights and fundamental freedoms Set out the fundamental rights and freedoms of Croatian citizens Transpose the provisions of the UN Convention of Human Rights equality before the law, presumption of innocence, right to a fair trial, right to appeal court and administrative decisions, etc.
18. The Constitution of the RC Protection of human rights and fundamental freedoms the right to life (prohibits the death penalty), freedom, freedom of movement, private life, communication, religion, beliefs, etc. economic and social rights (work, property, social security, strike, family relations, education, etc.)
19. The Constitution of the RC Organization of government These provisions lay down the organisation, rights, duties and powers of: the Croatian Parliament, the President of the Republic of Croatia, the Government of the Republic of Croatia, the Judiciary, and the State Attorney’s Office
20. The Constitution of the RC The Constitutional Court of the RC Consists of 13 judges, appointed by the Croatian Parliament for an 8-year mandate Selected from the ranks of reputable jurists, judges, state attorneys and attorneys Not an actual court within the RC court system
21. The Constitution of the RC The Constitutional Court of the RC The Court’s main tasks are as follows: to decide on the conformity of laws with the Constitution, and of other regulations with the law and the Constitution to decide on constitutional complaints against individual court or administrative decisions (e.g. If the violate human rights and fundamental freedoms, etc.) to decide on jurisdictional disputes between the 3 branches of government to decide on the impeachment of the President of the RC to supervise the constitutionality and legality of elections and referenda
22. The Constitution of the RC Local and regional self-government This section regulates the right to local and regional self-government, the division into local administrative units (counties, municipalities, cities), local elections Lays down the scope of competence of local self-government units, such as the organization of housing and urban planning, public utilities, child care, social welfare, primary health services, education and elementary schools, culture, physical education and sports, etc.
23. The Constitution of the RC International relations Concerns the areas of international agreements and association and secession IA – regulates competence over and the ratification of international agreements, according to their content Association and secession – regulates the procedure of acceding to alliances with other states – who can initiate the procedure and the number of votes in Parliament, i.e. on the referendum are necessary for such a decision to be passed
24. The Constitution of the RC Amending the Constitution This section regulates the procedure of amending the Constitution Amendments may be proposed by one fifth of representatives in the CP, the President and the Government of the RC The decision to amend must be approved by the majority of representatives Amendments may be adopted only if a two-thirds majority of all representatives vote in favour
25. Thank you for your attention!