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Officially declaring the climate emergency by the European Parliament, the advances in low-carbon technologies, and the accreditation of their productivity and competitivity, along with the EU assuming the leadership in the global action of enforcing the Paris Climate agreement, have determined the European Commission to assume, on December 11, 2019, the European Green Deal a new strategy for sustainable growth, where eco-climate priorities become social and economic opportunities. Having at its center the environmental transition and following two fundamental objectives – the substantial reduction by 2030 of GHG emissions (at least 55%) so that by 2050 Europe would become the first carbon neutral continent – the programming document will be enforced according to a “roadmap” containing 50 hey actions, for the following three decades. Amongst them, the European Climate Law (regulation), the 2030 Action Plan and the EU Adaptation Strategy to climate change play a major part in attaining the two major objectives. As launched on December 9, 2020, the European Climate Pact offers a space for dialogue, information and implication of the general public in developing, deciding and enforcing new policies and strategies. This affirms a model of development, eco-climate solidarity and European leadership for the 21st century. The Covid-19 crises has generated the adoption of a relaunch strategy where the environmental stake is joined by the sanitary priority and the acceleration of digitalization. Rethinking the nationally an EU determined contributions in GHG emission reduction has determined a new EU strategy at a national level. Romania’s National Recovery and Resilience Plan, conceived as a vision for developing the country using EU funding, asks for the adoption of an original conception, according to the new EU perspective on sustainable development, expressed as a national “green deal”. Though the legal developments imposed by the European Green Deal, the regional legal regime on climate registers important progress and by this, certain evolutions towards a climate law, in general, and an EU law of climate change, in particular.
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The present paper seeks to define the framework for an adequate understanding of Nicolae Iorga’s thoughts related to the legal culture conceived as part of the national culture as well as to examinate the possibly foundational role of Iorga for a future Romanian school of „historical law”, i. e. for the creative reception and further development of the German Historical School of Law in Romania. Conceived as part of an ideological tradition which includes the Romantic poet, writer and journalist Mihai Eminescu as well as the historian Vasile Pârvan, the ideas of Iorga – his „organic worldview” – are to be distinguished by the „rationalist” views of other Romanian thinker usually associated with Friedrich Carl von Savigny (I) and then connected with Savigny’s main lines of legal thought through the political views of the great German historian Leopold von Ranke, who was highly appreciated by both Savigny and Iorga (II). Iorga’s work contains also some hints on Savigny, whichare also to be examined and shown as deeply unjustified; on the contrary, the really deep similitudes between both thinkers regarding both political visions as well as methodological issues of the legal respectively historical discipline may stimulate the Romanian jurists to renew the Romanian legal science.
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The problem of the relationship between state and Church is important probably in any epoch. In the reviewed monograph editors and authors formulated useful conclusions in this theme. They used sometimes difficult legal language and there is a lack of comparative elements. This book canbe helpful especially for PhD students looking for a discussion about the separation of the Church and state in the German legal science. The memory of religious wars is strong in German culture, therefore the religious peace is so strong emphasize as a duty of public authorities. The Germanscholars mark the advantages of the religious pluralism and diversity for the development of the society. They also defend the attitudes of non-believers. German legislators at the federal and countrylevels face with the problem of a balanced regulation of the status of Islam.
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The aim of the article is to analyze the issues related to the system of public duties for the army in peacetime on the example of the obligation in force in the Second Polish Republic to provide the army with mechanical means of transport (cars, motorbikes and bicycles). The constitutional obligation of make in-kind contributions for the army in peacetime served mainly for the purposes ofsupply, training (military exercises) or military qualification (understood as a whole range of undertakings aimed at determining one’s ability to perform active military service). The author analyzes the inter-war legislation in this respect against the background of the then economic and political situation of the Polish State.
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The article aims at shedding light on legislation in the states of the post-communist bloc in theaspect of legal and criminal protection of monuments. The article is a springboard for deliberationson the solutions for criminal law protection of monuments in post-communist states. They sharesimilar historical experiences. Legislations of the following countries have been included in theanalysis: Albania, Czech Republic, Estonia, Latvia, Slovakia, Slovenia, Ukraine, Hungary, and Russia. The overview of legal solutions opens with a discussion of respective regulations in the codesand outside the codes. It is concluded by a summary including observations concerning commonelements and significant differences in the presentation of this problem in respective countries.
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The aim of the study is to interpret the terms of a dunning letter and a recognition of claim, which may determine issuing a writ of payment in the proceedings by writ of payment. The commentary points the necessary components, which have to be involved in the above-mentioned documents tocondition the issuance of this judgement. Due to the strong connection between civil procedure andcivil law, the author refers to views based on substantive law, confronting them with the purpose and regulations of the proceedings by writ of payment. In conclusion, the author argues that every document which includes creditor’s will for debtor to fulfill the performance may be qualified asa dunning letter, and a recognition of claim may be expressed as a contract, a settlement, as well asa knowledge statement about the specific debt in a definite amount.
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The article presents criminal law solutions for preventing or obstructing the execution of various official decisions in force in Czechoslovakia in the past and now in Slovakia and the Czech Republic. These remarks are an introduction to the considerations that will be included in the second part of the study.
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The commented judgement of the Voivodeship Administrative Court in Lublin concerns the manner of determining the amount of a variable fee for discharging rainwater and snowmelt intowaters. In this context, two elements of the ruling deserve attention and comment: 1) the manner ofdetermining the amount of the fee resulting from the provisions of substantive law; 2) the manner of establishing the factual circumstances necessary to issue a decision on the fee in reference to the principle of objective truth resulting from Article 7 of the Code of Administrative Procedure. The vote interpreted the substantive law, i.e. Article 272 (5) of the Water Law Act, which stated thatthe same manner of calculating the fixed fee and the variable fee could not be used, since by the will of the legislator these are two different, in essence, components of the general fee, and the key component determining their amount is completely different. Reference was also made to the partof the justification of the assessed judgement in which the Court stated the necessity to supplement the evidence proceedings and refer to the means of evidence referred to in Article 75 (1) of the Codeof Administrative Procedure, including first and foremost the evidence from the meteorological data obtained from the Institute of Meteorology and Water Management.
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This text is a review of the monograph devoted to the criminal law boundaries of innovative medical intervention. The title concept of an innovative medical intervention covers various types of medical influences on humans that affect their physical or mental integrity and are new in relation to the current state of medical knowledge and practice. Another characteristic feature of an innovative medical intervention is that it is not sufficiently tried or – regardless of the degree of its testing – itis directed to broaden medical knowledge.
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