państwa nieuznawane

  • Reflections over the Legal and Constitutional Status of Transnistria

    Author: Viktoriya Serzhanova
    E-mail: viktoria@ur.edu.pl
    Institution: University of Rzeszów
    Year of publication: 2017
    Source: Show
    Pages: 71-86
    DOI Address: https://doi.org/10.15804/ppk.2017.06.04
    PDF: ppk/40/ppk4004.pdf

    The present legal status of Transnistria neither seems to be obvious, nor distinctly determined. Its estimation in the context of the region’s statehood has been a subject of disputes of, and divides at the same time, the theorists of state, international lawyers, as well as experts in international relations and political sciences. The hereby paper is an attempt of making the analysis of the selected issues determining Transdniester’s status, first and foremost from the perspective of the theory of state and constitutional law, but also taking into account the international law point of view. It aims at finding an answer to the question on its legal and constitutional status as it is seen by both the unrecognized Transnistria’s state and Moldavia. The subject of the work contains the analysis of the elements of a state’s definition in the context of Transnistria. Moreover, it comprises considerations over the right of nations to self-determination and the problem of sovereignty as regards to the region. It also concentrates on the analysis of Transnistria’s status based on the Moldavian legislation, as well as different possibilities and opportunities/chances to solve the conflict lasting for almost thirty years.

  • Pozycja ustrojowa Prezydenta Tureckiej Republiki Cypru Północnego

    Author: Bartosz Szczurowski
    E-mail: bartosz.szczurowski@gmail.com
    Institution: Uniwersytet Jagielloński
    Year of publication: 2018
    Source: Show
    Pages: 87-112
    DOI Address: https://doi.org/10.15804/ppk.2018.01.05
    PDF: ppk/41/ppk4105.pdf

    The subject of this article is an analysis of the position of the President of the Turkish Republic of Northern Cyprus (TRNC). TRCP is considered as the so-called quasi-state, also referred to as “unrecognized state”. In the first place a notion of a quasi-state was discussed and reasons for which this systemic being must be subject to analysis from the point of view of constitutional law were given. The main part of the article is dedicated to a detailed description of the most important regulations related to TRNC President, such as method of election, responsibility, his competence towards legislative authorities, executive bodies and judiciary units. Separate considerations were intended for competence of TRNC President with regard to defensiveness and security, which are crucial due to complicated legal and international situation of TRNC. Also, an attempt to evaluate the presidency model applicable in TRNC Constitution in terms of classifying it as one of the models distinguished in the doctrine was taken. Besides, the impact of constitutional regulations of Turkey being the so-called “patron state” for TRNC on TRNC systemic solutions was discussed.

Wiadomość do:

 

 

© 2017 Adam Marszałek Publishing House. All rights reserved.

Projekt i wykonanie Pollyart