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O filozofii z dystansu, czyli w 40 lat później

Author(s): Paweł Kaczorowski / Language(s): Polish Publication Year: 0

In an essayistic form and personal tone, the author points out the negative aspects of philosophical cognition. They include: excessive, peculiar ambitions and loftiness of philosophers, their unjustified proneness to act as humanity’s functionaries, epistemic promises impossible to fulfil, unavoidable yet disguised individualism of the formulated views, which are to be both objective and universally valid, specific mysticism of the cognitive approach – contrary to its declared methodicalness and rationality, the vagueness of the subject of philosophical enquiries, flagrant contradictions among various viewpoints, the destructive character of knowledge which highlights problems but does not solve them. At the same time, the author points to the need and possibility of the inventive use of the achievements of European philosophical tradition.

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Idee i instytucje

Author(s): Maciej Kassner / Language(s): Polish Publication Year: 0

The article reexamines the notion of political science proposed by Nevil Johnson. According to Johnson, ideas and institutions are the fundamental concepts of political analysis. Studying politics explores how a given community solved the problem of institutionalising political order. Thus political thinking is always normative and contextual. Nevil Johnson criticises the mainstream vision of empirical political science as a discipline concerned mainly with formulating and testing hypotheses. In his view, this vision assumes false ontology based on a mistaken belief that the domain of politics is subject to general laws. From a conservative point of view, this constitutes a case of metaphysical madness, a tendency to replace the knowledge of concrete circumstances with abstract principles. Although Johnson’s critique of mainstream political science is not without merit, the article remains sceptical about prospects for formulating a general ontology of political experience. It suggests, instead, adopting a hermeneutical approach to understanding different ontological visions.

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Presentation of the Conference

Author(s): Journal Romanian Military Thinking / Language(s): English Publication Year: 0

The Romanian Military Thinking International Doctrinal Conference was organised by the Defence Staff, on the occasion of the 163rd anniversary of the Defence Staff and the 24th edition of the Romanian Military Thinking Journal Awards.

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The Digital Century and Its Implications on the International Security Environment. Digital Confrontations in Cyber Space and Real Space

Author(s): Laurentiu-Paul Mandras / Language(s): English Publication Year: 0

Starting with the end of the 20th century and the beginning of the 21st century, humanity is experiencing a new societal type, the information society. The emergence of computers, the Internet, digital information, artificial intelligence and digital devices with the ability to automatically process information, work autonomously, or even form networks with other devices, cyber and virtual space and so on have led to a technological explosion and the digitalization of societies. Under these circumstances, the digitalization and virtualization of many human activities and relationships in all societal domains constitutes a postmodern “game changer” of societies. Consequently, digitalization has major repercussions at the level of security and the international security environment. We are witnessing a transition from the nuclear century to the digital century, through the emergence of a new type of human confrontation, the digital confrontation. This new type of confrontation manifests itself both in virtual space, through what we so often hear as cyber war, and in real space, through digitalization of defence and the battlefield. Thus, if the security environment of the 20th century was characterized by globalization under the auspices of the nuclear threat, is it appropriate to consider that the 21st century will be characterized by de-globalization under the auspices of the digital threat?

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The effects of judgments on the suspension of normative administrative acts and their concrete consequences

Author(s): Anamaria Groza / Language(s): English Publication Year: 0

The judgments ordering the suspension of administrative acts, whether individual or normative, have effect only between the parties to the dispute in which they were given. If in the case of individual administrative acts, this effect is fully justified, in the case of normative administrative acts, the situation becomes problematic. The study aims to analyze the legal basis of the two proposed solutions regarding the effects of judgments ordering the suspension of normative administrative acts: inter partes effects vs. erga omnes effects. The research conducted is descriptive and explanatory, supported by relevant case law and doctrine. If a normative administrative act has been suspended by the court (all the more so when the judgment has become final), that act might be suspected of illegality. In this case, one of the three presumptions on which its enforceability is based, the presumption of legality respectively, has been temporarily removed. The principle of the legality of administrative acts justifies the removal of the enforcement of this act also in relation to the persons who did not have the quality of party, but who can bear the consequences of a seemingly illegal act. At the same time, the specifics of the normative administrative act, as well as the principles of the predictability of the law and legal certainty, argue in favour of this solution.

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Election and dismissal of the deputy mayor according to the Administrative Code

Author(s): Mihai Cristian Apostolache / Language(s): English Publication Year: 0

The position of deputy mayor has been under regulation since the beginning of the post-December legislation, the deputy mayor being qualified as an assistant of the mayor. Depending on the rank of the locality, there may be one or two deputy mayors. As an important feature, the deputy mayor enters both the executive and the deliberative power, acting as a link between the two authorities at local level, the mayor and the local council. The paper deals with the procedure of appointing the deputy mayor, as well as the loss of this quality, by dismissal, as they are regulated in the Administrative Code.

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Moral damages in comparative administrative law

Author(s): Elena Emilia Ştefan / Language(s): English Publication Year: 0

At present, the national legislation does not provide criteria for assessing the moral damages for prejudice suffered by the victim of an activity of the administration. In this sense, the judge will be the one who will analyze on a case-by-case basis whether he will grant moral damages and in what amount. We are currently witnessing an interference of civil law with administrative law regarding the forms of administrative-patrimonial liability. From this perspective, the present paper aims to analyze the case-law of French law in order to outline such a tendency of the judge, whether from the Administrative Court or the Council of State, on whether or not to grant moral damages arising from the idea of risk in the activity of public administration. Through law-specific research methods, we will investigate two current cases that can provide an insight into the contribution of case-law to shaping the legal regime of administrative liability. This highlights the way in which the administrative judge grants moral damages if the state is held liable sans faute. From this point of view, the topic is interesting for legal specialists who will find in this paper information about the practical applicability of the concept of administrative liability.

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Suspension of public servants - constitutionality issues of article 513 paragraph (1) letter l) of the Romanian Administrative Code

Author(s): Marta-Claudia Cliza,Bogdan-Florin Micu,Laura-Cristiana Spătaru-Negură / Language(s): English Publication Year: 0

The entry into force of the Romanian Administrative Code has maintained, unfortunately, a controversial legal provision, regarding the suspension of the public servant's employment relationship, in case legal proceedings are taken against the public servant, if commited certain acts. From our perspective, article 513 paragraph (1) letter l) of the Romanian Administrative Code raises serious concerns regarding the presumption of innocence and the right to work of the public servants found in such situation. The present study tries to bring a multidisciplinary legal interpretation of the authors regarding the analysed legal provision and certain arguments for considering this provision able to be declared, soon, unconstitutional.

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The Law on metropolitan areas. The intention of the legislator to regulate one of the forms of association of local communities

Author(s): Gabriel Marin / Language(s): English Publication Year: 0

The forms of association of local communities are the intercommunity development association and the metropolitan area. These two forms of association of local communities can be formed into private entities of public interest. In contrast to inter-community development associations, metropolitan areas may have a limited territorial jurisdiction of up to 30 km compared to the county municipality where they can be established. In addition, according to the normative acts in force, metropolitan areas can only be established around municipalities of county or municipalities declared. Although the legislator wished for a difference between intercommunity development associations and metropolitan areas, even though there was no express text of the law that could be applied for differentiation, local public authorities understood to establish metropolitan areas in the same way as intercommunity development associations. Realizing that the metropolitan area can be used to determine financial and social growth within the communities that compose it, the legislator, through the relevant ministry, published on its virtual page, on March 8, for public consultation, on the Metropolitan areas Law, wishing to know the position of the citizens in relation to the changes they wish to make in relation to this form of association of local communities. In the present study, we analyze the provisions of the draft normative act on metropolitan areas quantitatively, showing what essential changes shall be made within this form of association of local communities if the law shall be promulgated, what are the financial and social benefits for the local communities that make up a metropolitan area and what changes could be made to the draft normative act. For the administrative territorial organization of the Romanian state, the legislation on metropolitan areas represented a step toward a modern administrative territorial organization of European type, respecting the principle of subsidiarity more than it is currently respected.

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Competition Council in Ukraine

Author(s): Ovidiu Horia Maican / Language(s): English Publication Year: 0

Even in the present context, we must now the legal preconditions for the harmonization of Ukrainian legislation in the field of competition law with the law of the European Union. Due to its evolution, the competition law has been, and remains, a priority in the harmonization process of Ukrainian legislation. This aspect now is very important due to Ukraine determination to became member of European Union and because is one of the Romania s neighbors.

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The documents issued within the surrender procedure based on the European arrest warrant according to the Law no. 302/2004 on – typical administrative acts

Author(s): Bogdan-Florin Micu / Language(s): English Publication Year: 0

The administrative law`s formation as a distinctive branch of law has been generated by the necessity to organize the complex activity of the public administration, the social relations within this sphere being, therefore, regulated also in relation to other branches of public and private law. Except for the well-known inner connection between the contravention and criminal matters from the perspective of the guarantees provided to the individuals, the administrative law is highly connected to other branches of public law, such as criminal executional law, as we will present further. The current paper aims to present the peculiarities of the surrender procedure based on a European arrest warrant from the perspective of the issuing of administrative acts that can be subject to the control of lawfulness before the contentious administrative Court.

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Disruptive Technologies in the Context of European Defence Cooperation

Author(s): Dragoş ILINCA / Language(s): English Publication Year: 0

The development of disruptive technologies represents one of the main themes of the contemporary security agenda not only from a national perspective but also at the level of multinational cooperation. In this regard, the European cooperation carried out under the institutional auspices of the Common Security and Defence Policy has gradually addressed the impact of disruptive technologies on the way of structuring the EU’s response to contemporary security challenges. The approach to this subject has gradually evolved towards profiling a distinct typology at the level of which the specific character also derives from the particular parameters of the mode of interaction between the EU institutions. Equally, the specific nature of the European approach also concerns the way of financing the process of developing capabilities of this type, including in terms of complementing the national effort through opportunities offered by the EU budget. From this perspective, it can be concluded that the issue of disruptive technologies will become more and more visible on the European cooperation agenda, including in terms of the priorities advanced through the Strategic Compass as well as at the level of practical initiatives launched in the CSDP context, as is the case with PESCO and EDF.

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Achieving Interoperability in a Federated Environment and in the Current Security Context

Author(s): Doina Ilie / Language(s): English Publication Year: 0

Joint missions, exercises and deployments have shown that it is crucial to continuously coordinate processes, training, documents and technologies on a multinational basis. Interoperability on the battlefield, be it on land, in the air, in space, at sea and in the cyber and information space, can often be achieved only after many years of technical and procedural preparation. Time that is no longer available when establishing concrete mission networks, as the war in Ukraine is currently showing us. With Federated Mission Networking (FMN), a framework was created and established that allows a significant reduction in this lead time and at the same time a certain degree of national autonomy in the choice of individual communications and information technology solutions.

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Interferences of State Administration with Local Self-Government in the Promotion of Local Affairs in the Light of the Administrative Code

Author(s): Verginia Vedinas,Ioan Laurenţiu Vedinaş / Language(s): English Publication Year: 0

The study is based on the premise that the activity of promoting local affairs and their effective implementation requires and presupposes collaboration and even cohabitation between the actions of the state administration and those carried out by the local public administration with autonomous character. From this perspective, the study aims to identify the principles governing relations between the two levels of administration, that of the central system and that of the territorial level, the principles governing these relations, and the institutional framework through which they take place. The approach is based on the constitutional provisions and those of the Administrative Code, and the conclusion is that it is necessary to understand the reality that the development of each administrative-territorial unit and area of the country, whether smaller or larger, is inextricably linked to the proper functioning of cooperation between the central and local/county levels.

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Practical Issues Regarding Compliance with Decision-Making Transparency by Local Public Authorities

Author(s): Mădălina-Elena Mihăilescu / Language(s): English Publication Year: 0

The transparency of the activity in the public administration is a sine qua non condition for the observance of fundamental citizen rights, ensuring, at the same time, the involvement of the ordinary citizen in the decision-making process. This article will try to analyze some of the situations in which local administration authorities have clearly violated the provisions of Law no. 52/2003 or Law no. 544/2001, restricting the right of citizens to take cognizance of certain draft normative acts regarding important issues related to the good running of the community, free access to various public information or aspects related to training, administration, and the use of local public funds. At the same time, we will highlight the availability of local authorities from Galați, Buzău or Brăila to ensure through their websites access to the annual activity and the involvement of these authorities in economic, social or cultural activities.

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MiFIR Review proposal: Americanization of EU financial markets?

Author(s): Petr Tomčiak / Language(s): English Publication Year: 0

This contribution aims to discuss the recent proposal to review Regulation (EU) No. 600/2014. The European Commission proposed to establish the consolidated tape in the European Union and increase transparency for investors in the EU financial markets. The EU is struggling to attract non-EU investors in the last few years. The proposal puts on the table legislative changes similar to those that are in place in the United States for more than a decade. The question is whether the EU is getting inspired by the regulation on the other side of the Atlantic Ocean in order to help financial markets in the EU. The contribution shall discuss the Markets in Financial Instruments Regulation (MiFIR) Review proposal and find if the European consolidated tape can copy the American model.

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Актуално състояние на българската енергетика и стратегическата роля на ядрената енергия

Author(s): Ivan Hinovski / Language(s): Bulgarian Publication Year: 0

It is presented the actual status of the generation structure of Bulgarian power industry with accent to the contribution of nuclear energy to keep the security and sustainability of the national electrical grid operation, as well as its advantages proposing one of the best economically viable option for investments in this branch. Two of the most discussable investment projects for new nuclear builds are discussed. Different scenarios and variants for future development of this industry are considered including the new conditions and circumstances giving impact and determining the future of these projects. Internal and external factors creating posi tive economical and political conditions for the development of these technologies are reviewed. An algorithm of actions and management decisions for successful implementation of new nuclear builds in order to maintain the key role of this branch for the energy security is proposed. It is proposed in the tender documentation to be included few principal requirements to the equipment suppliers, as well as clear and grounded binding engagements.

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Заплахи за сигурността, свързани с изкуствения интелект

Author(s): Snezhana Petkova Dimitrova / Language(s): English,Bulgarian Publication Year: 0

Nowadays, artificial intelligence finds more and more applications in industry, medicine and even in our everyday life. Artificial intelligence starts to be everywhere even if we do not notice it. In the post-industrial era of information technologies that we all live in artificial intelligence is inevitable factor for the human and economic development and its role will become even more significant. However, with all the benefits it brings, artificial intelligence contains also some risks which should be well studied, evaluated and mitigated. Risks are inevitable and they should be confronted but this does not mean that artificial intelligence should be underestimated or opposed. It should be subject to stricter control so that its application is always ethical and oriented towards the humanity’s wellbeing.

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Въздействието на изкуствен интелект върху сигурността на малките държави

Author(s): Iliya Borisov Tabakov / Language(s): English,Bulgarian Publication Year: 0

The report examines the challenges facing small countries in relation to the entry of artificial intelligence into social and economic life and the digital transformation of the Western world. The main risks and threats to the security, governance and digital future of countries with more modest capabilities are presented. Many countries have to solve the complex task of finding the balance between digitization and economic development on the one hand and their security, digital sovereignty and economic future on the other. Changes in the security environment present small countries with existential challenges, where in the digital arena they may die.

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Съвременни предизвикателства пред националната сигурност на Република България и опити за алтернативното им решаване

Author(s): Victoria Dimitrova Dimitrova / Language(s): English,Bulgarian Publication Year: 0

Alternative methods of prevention and protection of national security must be extremely precisely specified. Accuracy is of the utmost importance, as with blood pressure. High and low levels are equally dangerous and harmful. It must be a precisely determined value commensurate with adequacy.

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