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The poverty level in European Member States is far too high and the measures taken to remedy this issue were insufficient. The goal of Article 30 of the Revised European Social Charter (RESC) of 1996 is to obligate Member States to organise cohesive social policy concepts to fight poverty and social marginalisation. The European Committee of Social Rights (ECSR) concluded that the situation of some European countries is not in the conformity with the Article 30 of the Charter on the ground that there is no adequate overall and coordinated approach to combating poverty and social exclusion. The Parties which ratified the RESC must undertake measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in situation of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance. European Member States and European international organisations (Council of Europe and European Union) must adopt the necessary legal, financial and administrative devices of ensuring steady progress towards achieving the goals laid down by the RESC. In his paper, the author presents the level of involvement of the authorities of some Member States of the Council of Europe in an ambitious, difficult and indispensable policy of achieving the above-mentioned task.
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The two-part study analyzes the problem of the admissibility of a demand by the trustee of a bankrupt credit union to return payments made to the stabilization fund. It is not only the issue of the existence or non-existence of a civil law claim. The real essence of the presented dilemma is the question of the admissibility of limiting the statutory attribute of the National Credit Union performed in the public interest. The stabilization fund plays a special role in the entire financial system. The essence of the operation of the cash register is the idea of financial self-help, consisting in mutual crediting of the members of the cash register from the funds accumulated in the cash register, as well as the non-profit nature of the conducted activity, with the existence of a social bond between the members of the cash register.
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Nowadays we have been dealing with a significant increase in decisions based, solely, on Big Data and algorithms, which means that many processes are fully automated. Every organization that adopts compliance systems must follow parameters. These parameters are better controlled when used by artificial intelligence, since there is no direct involvement of human beings and, consequently, less chance of error, intentional or not. This illustrates a scenario where the use of artificial intelligence can be more efficient and less costly than other tools, in addition to being more accurate. It is not surprising, therefore, that more and more people talk about algorithmic decisions. Although there have already been several studies on cognitive biases, there are numerous difficulties in dealing with the topic, as many of those who are involved in organizational decisions are considered partial or biased and may not reflect the expected ethical standard. It is believed that the machine tends to fail less, according as it replaces human decisions – considered naturally flawed and impartial. Is it, therefore, an efficient and safe substitute for the implementation and maintenance of compliance systems in organizations?
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The aim of the article is to discuss the problems of the functioning of administrative financial penalties related to non-compliance with the restrictions during a pandemic. The amendment to the law on preventing and combating infections and infectious diseases introduced administrative fines. First, the principle of specificity was violated, as the regulations issued on the basis of the aforementioned Act are inappropriate due to the absence of constitutional emergency measures. Suspension of the execution of the decision was significantly limited due to the limitation of the activities of the courts and administrative authorities. and the suspension of time limits. The procedure for imposing administrative fines violates the principle of trust in public authorities and the principle of active participation of the party in the procedure. The year of application of administrative financial penalties has highlighted significant problems that will have consequences in the next few years. In practice, the administrative judiciary will be responsible for removing from legal circulation decisions imposing financial penalties.
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International humanitarian law aims to limit the destructive effects of armed conflict. This paper will point to certain means of warfare that are prohibited and restricted under international humanitarian law or should be, or to the development of their prohibitions and restrictions. The problem of this paper is the restrictions and prohibitions of means of warfare under international humanitarian law, ie their legal and evolutionary aspects. International humanitarian law aims to limit the destructive effects of armed conflict, to reduce suffering and destruction to the extent necessary. Observed throughout history, the first rules of this branch of law have dealt with the issue of permissibility or impermissibility of means of warfare, while over time this issue has become increasingly relevant due to the growing destructive effects of means of warfare and unnecessary destruction in armed conflicts. The subject of research covers primarily the period from 1868, when the Petrograd Declaration was adopted as the first treaty ban on the means of war and one of the first treaty bans on international humanitarian law in general, all the way to the situation in international humanitarian law today.
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Th is paper aims to present a brief analysis about case-law regarding consumer protection, regarding the cases concerning the finding that a term defining the mechanism for setting the variable interest rate is unfair. One year after the ECJ judgment in the case C-269/19 it is necessary to go through the solutions of the courts to verify the efficiency or inefficiency of this judgment which was intended to resolve the issue of interpretation of Article 6 (1) of Council Directive 93/13/EEC.
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While previously the accountability principle was an implicit requirement of data protection law, in the current regulation it has become a cornerstone of effective personal data protection. This principle ensures that throughout the processing of personal data, organisations take responsibility for adequately protecting the confidentiality and security of the personal data they process. Thus, under the GDPR organisations must implement appropriate technical and organisational measures to ensure and demonstrate that they comply with the principles set out in the new regulation which represents a major challenge for companies.
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This article is intended to be an x-ray of the main instrument of judicial cooperation in criminal matters – the European arrest warrant. Although it was considered a completely innovative mechanism, in a paradigm of inefficient judicial cooperation, its operability created from the very beginning the premises of a tense relationship with fundamental rights. This relationship was, moreover, a risk predicted and assumed by the European legislator. The evolution of the substantive and procedural criminal law systems of the Member States and, at the same time, the continuous metamorphosis of the challenges to which European judicial cooperation in criminal matters has been called upon to respond, would reveal the true nuances of the impact of the two major constants of European criminal law: trust and mutual recognition, respectively the system of guarantees of fundamental rights.
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Digital economy, namely the economy that uses digital technologies, raises many challenges to the public finances of States, due to the ability of the latter to find solutions for identifying and taxing revenues. Fiscal administrations cannot be left out of the digital revolution, but must be reformed in order to be able to use the tools made available by information technology, which have the capacity to contribute both to streamlining the activity of the fiscal administrations and to streamlining the activity of the taxpayers. Digitalization can contribute to a better relationship between the taxpayer and the fiscal administration, so as to increase the compliance with the fiscal legislation and, ultimately, it can lead to a better fiscal administration.
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It has been found in judicial practice that there is no unitary view on the possibility of the court invested with a request to replace fines with work for the benefit of the community to invoke ex officio the prescription of enforcement of the claim consisting in the tax fine, which began to run after in force of the new Civil Code.Regarding the prescriptions started under the rule of Decree-Law no. 167/1958 there is no such divergence of opinions, considering that this normative act established the obligation of the court to invoke ex officio the extinctive prescription.In the case of prescriptions started under the new Civil Code, however, given the change in the concept of the legislator, which prohibits the invocation of the extinct prescription ex officio by the court, this issue arose as a result of trying to reconcile the provisions of private law contained in the new law. Civil Code with the norms of public law in contravention matters.
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The section contains a selection of the most important decisions of the Romanian Constitutional Court. The decisions are summarized and grouped by law subjects. The Official Gazette in which the decisions have been published is indicated, as well as the contested legislation and the pronounced solutions.
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The section contains a selection of the most important decisions of the European Court of Human Rights. The decisions are summarized and the legislation invoked by the applicants, the rights allegedly violated, the Chamber and the pronounced solutions are indicated.
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The section contains a selection of the most important decisions of the Court of Justice of the European Union. The decisions are summarized and also the type of action, the main provisions invoked, the context, the law issues which have been raised, the conclusion of the case and previous decisions relevant to the case are indicated.
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Seafarer’s social security and safety represents a complex task in a highly internationalized work field, such as the maritime sector. Differences between national coverage systems for social security and the possible consequences of the non-existence of such a system are addressed by the Maritime Labour Convention 2006 (MLC 2006). By virtue of the same provisions, seafarers benefit from the right to medical treatment on board of the ship and on shore, the right to be compensated for the expenses generated by diseases, accidents or death, and wage payments corresponding to these periods. The right to safety at work, as well as seafarers' access to shore-based facilities are also recognized. Member States bear a series of obligations including enacting appropriate laws and measures for effective implementation on board vessels sailing national flags. The Convention is considering the inter-related obligations of national administrations, flag States and Member States in general. A number of difficult issues, such as the incidence of more social security laws, can find solution through international cooperation mechanisms.
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The article examines and presents the socio-historical factors during the adoption of the current Constitution of the Republic of Bulgaria. The public debate on its adoption and the proposals of the "round table" on the basic principles of constitutionalism.
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Viruses, ransomware, phishing attacks, surface web, deep web, dark web, hacking, breaking, breaching, cybercrime, identity theft, cryptocurrencies, money laundering - these are just a few words that have entered the usual vocabulary of many people, whether they are victims of illegal practices, or they benefit from the naivete or inattention of the victims and, not infrequently, from their greed. Many of these words have a common denominator: they indicate illegal activities, mostly, carried out online. These illicit activities have created a real economy, free in the textual sense and as explicit as possible of the word, because it offers and buys literally almost anything, from weapons and drugs, to study documents, personal data, bank accounts and, however incredible and even sinister it may seem, there is a room for “recreation” for pedophiles or for people with universally sanctioned “tastes” and “appetites” at the societal level.
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