OER Osteuropa Recht

Relations between private and public law in each country and at all times are amongst the most sensitive from the point of view of the legal system. Recently several judgements of Polish courts have undermined this division by indirectly allowing...

This article discusses the Polish Supreme Court’s judgment of May 20, 2021, which constitutes another important contribution to the case law concerning the contractual penalty regulated in Art. 483 - 484 of the Polish Civil Code. The court’s...

In Polish law, the prevailing opinion is that wrongfulness in tort law occurs when a given behaviour contradicts the norms included in the provisions of law and the principles of social coexistence. The latter notion is understood as non-legal norms...

On 27 July 2018, Bulgaria’s Constitutional Court delivered a judgment declaring the Istanbul Convention “incompliant” with the country’s Constitution. This article examines the origin and nature of the extraordinary constitutional attack...

Since its entry into force, the Istanbul Convention (IC) has gained praise for being the most effective international treaty for the protection of women against violence. One aspect that has both attracted recognition and criticism is the definition...

The article provides an overview of the provisions of Russian law that sanction domestic violence against women. Particular focus is placed on the “decriminalization” of the offence of battery in Russian law in the last 5-6 years. This...

In 2011, Russia refused to sign the Istanbul Convention rejected based on its incompatibility with Russian culture and tradition. This article explores how the rejection of Istanbul Convention became a strategy to build Russian cultural sovereignty...

This paper focuses on the erosion of the consensus around the Istanbul Convention due to the political obstacles to its ratification process in particular EU Member States. We warn that a black-and-white approach does not assist to understand the...

Serbia signed the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) in April 2012 and ratified it in November 2013. After its entry into force on August 2014, through the...

In 2018, the Ordo Iuris Institute for Legal Culture (OII), an ultra-conservative civil society organisation in Poland, published a draft of the “Convention on the Rights of the Family”. According to the OII, the convention “codifies the...

Much misinformation and many untruths have been spread about the Istanbul Convention during the process of its ratification in Croatia. This has caused the mobilisation of different groups and led to widespread campaigns against the Convention and...

The signing of the Istanbul Convention by Latvia in 2016 induced a widespread debate on both political and academic levels. Today, Latvia remains one of the six EU Member States that have not yet ratified the Istanbul Convention. This article...

The article deals with the social framework for gender equality in modern Bulgaria. It focuses on the re-traditionalisation of the “social field” and of the efforts to restore patriarchy observed in the last ten years in Bulgaria. The article...