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Legal aspects of combating terrorism in the Polish legal system against the background of challenges shaped by European legislation

Author(s): Piotr Burczaniuk / Language(s): English Issue: 1 (1)/2022

The article deals with the legal aspects of the fight against terrorism in the national legal system in the context of the challenges shaped by European legislation. The analysed issue is interesting due to the lack of broader and current analyses conducted in the field of legal sciences, devoted to the presentation and explication of legislation covering the subject matter of the fight against terrorism. This study is an attempt to fill this research gap.In order to provide a comprehensive overview of the topic and to achieve the objectives set out in the article, the study is divided into six main parts. In the introduction, the thesis and its objectives are outlined, then sequentially: an analysis of the formation of legal regulations of domestic law aimed at counter-terrorism is made; the importance of the Act on anti-terrorist activities in the normative system of counter-terrorism in Poland is discussed, taking into account the perspective and experience of five years of its implementation; the current legal status of the European Union in the area of terrorism is presented; the perspectives and regulatory challenges of Polish law in the background of legislative activities of EU bodies are described; the considerations carried out are summarized, outlining the perspectives and regulatory challenges facing the domestic legislator in the background of the directions of the projected legislative solutions in the European Union.Słowa kluczowe: Polish anti-terrorist legislation, European anti-terrorist legislati

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Social Assistance for the Elderly and Legislative Challenges during Covid 19

Author(s): Cătălina Georgeta Dinu / Language(s): English Issue: 2/2022

The proliferation of clandestine homes for elderly people is encouraged by the underfunding of the establishment of such centres by central or local public administration authorities and the small number of places available at already existing centres or the poor conditions that are provided. The elderly represents a vulnerable category, most of the people who live in such centres have a precarious financial or family situation or various chronic diseases that require constant medical care. Through this study, we want to analyse the causes and possible legislative solutions that can lead to the improvement of the lives of these people.

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Specificity of the Patrimonial Liability in Labor Law, as a Form of the Civil Legal Liability

Author(s): Laura Manea / Language(s): English Issue: 2/2022

Increasingly common in labor law disputes, the petitions regarding the award of non-material damages applicant are subject to judicial review they are working to ensure full compensation in case of illegal conduct also in labor law. Despite the fact that the labor law does not protect and does not have as its object the non-patrimonial aspects of the parties, as repercussions on the injured person, the full reparation is ensured by repairing the moral suffering that is generated by the illegality, including with regard to the employment relationship. All the more we could say that the repair can also have a moral side in the conditions in which the parts of the employment relationship, especially the employee, invests his knowledge, time and skills, elements related to his personality and attitude. The analysis proposed by that article seeks precisely to justify non-material damages, on the principles of tortious liability, in the context of contractual liability such as that in employment relationships, including the fact that it is possible to engage the employee's moral responsibility towards an individual employer

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The Challenges of Teaching Environmental Law – Short Analysis

Author(s): Cristina Mihaela Salcă Rotaru / Language(s): English Issue: 2/2022

Environmental law, in the current context of society's evolution, is a highly topical discipline. The study of this discipline is not easy, being made difficult by the great diversity of environmental protection fields and implicitly the legislation. Also, the teaching of this discipline is challenging, requiring the adaptation of classic teaching methods but also the finding of new tools. The present paper, starting from the presentation of some technical aspects of the discipline that produce barriers in the teachinglearning process, presents the author's experience in using (i) the project, as a personalized teaching method and (ii) complementary online information resources.

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Aspects regarding the Concept of State and Globalization in the Current Context of International Relations

Author(s): Oana Şaramet / Language(s): English Issue: 2/2022

The state is that form of organization specific to human society even today, although several thousand years have passed since it was set up in the Ancient Orient. Over time the concept of state has evolved, perhaps even sometimes didn't evolved, on the contrary, but it has certainly undergone complex adaptations generated by the challenges that have arisen over different historical periods, as well as by historical, political, social, economic, cultural phenomena, etc. Nowadays, globalization is a phenomenon or even a complex process generated by a multitude of causes, shared, more or less, by human society, but whose existence and effects can neither be ignored nor denied. In this briefly presented context, are witnessing the encounter of two different concepts, perhaps even antagonistic, concepts, namely the state and globalization. These two concepts and more had to find a way to live together. We ask ourselves, however, whether this coexistence between the state and globalization is a temporary compromise or in time the nation-states will disappear leaving the place of another form of organization that responds better to globalization or, on the contrary, we will return to the classic nation-states, abandoning or diminishing the effects of globalization? We ask ourselves if nations, especially in the current international context, are ready to abandon the states they have created in favour of a multinational but unique international community? Using methods of scientific research, such as the comparative, historical or teleological method, by this paper we aim to identify possible answers to the previous questions.

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Raport general privind sesiunea anuală de comunicări știinţifice a Institutului de Știinţe Administrative „Paul Negulescu”

Author(s): Emil Bălan / Language(s): Romanian Issue: 02/2019

Sesiunea de comunicări știinţifice a Institutului de Știinţe Administrative „Paul Negulescu”, organizată cu sprijinul Institutului de Drept Public și Știinţe Administrative al României și Universitatea Româno-Germană din Sibiu, a reunit cadre didactice, cercetători, practicieni, magistraţi interesaţi de cercetarea administraţiei publice la nivel naţional și european. Lucrările conferinţei s-au desfășurat în plen și pe secţiuni.

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Un eveniment știinţific devenit „tradiţie” Conferinţa Naţională de Contencios Administrativ Ediţia a V-a – 22 mai 2019

Author(s): Alexandru-Sorin Ciobanu / Language(s): Romanian Issue: 02/2019

La data de 22 mai 2019, împreună cu partenerii de la „Universul Juridic”, am avut bucuria de a organiza în Aula Magna a Facultăţii de Drept (Universitatea din Bucureşti) cea de-a cincea ediţie a Conferinţei Naţionale de Contencios Administrativ.

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Conferinţa „Starea justiţiei în România după aderarea la Uniunea Europeană”

Author(s): Nicolae Popa / Language(s): Romanian Issue: 02/2019

„Starea justiţiei în România după aderarea la Uniunea Europeană”, sesiune de dezbateri, a fost organizată de Universitatea „Ovidius” din Constanţa, în ziua de 9 mai 2019, cu sprijinul Editurii Universul Juridic. Au fost lansate cele trei volume ale prof. dr. dr. h.c. Marin Voicu, cu titlul „Starea justiţiei, culegere de articole, studii și note”. La dezbateri au participat reprezentanţi de seamă ai vieţii juridice știinţifice și practice, care au relevat importanţa unei atari reuniuni pentru orientarea actuală și de perspectivă a teoriei și practicii dreptului în România. La acest eveniment a fost lansată și „Legal Magazin”– Ediţie specială de Dobrogea (un proiect Universul Juridic), în care prof. Marin Voicu a acordat un amplu interviu, care a prefaţat, de fapt, lansarea volumelor privitoare la starea justiţiei în România după aderarea la Uniunea Europeană. Marin Voicu vine din pământul mănos și surâzând a grâu al Dobrogei. Interviul său din Legal Magazin poartă un titlu inspirat din vasta sa activitate: „În opera de înfăptuire a actului de justiţie, judecătorul este centrul vital al vieţii judiciare”. Judecător fără stingere, Marin Voicu continuă să poarte coroana generaţiei sale prin repedea zvâcnire a inteligenţei sale și prin prezenţa sa în fruntea iniţiativelor de apărare și promovare a intereselor tagmei, în calitate de președinte al Asociaţiei „Themis-Casatia” a foștilor judecători ai instanţei supreme. Și o face prompt, adică la timp, ferm, tranșant, spre lauda sa.

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In Memoriam Prof. dr. dr. h. c. Sofia Eugenia Iustina Popescu

Author(s): Nicolae Popa / Language(s): Romanian Issue: 03/2019

A trecut la cele veşnice doamna Sofia Popescu, cercetător pasionat al problemelor fundamentale ale dreptului, preşedinte onorific al Asociaţiei Române de Filosofia Dreptului. Născută la Tulcea la data de 17 septembrie 1935, a urmat cursurile Facultăţii de Drept din Bucureşti, pe care le-a absolvit în anul 1957. Şi-a susţinut doctoratul în anul 1978, cu o temă din domeniul teoriei statului şi dreptului – Forma statului. S-a format la Institutul de Cercetări Juridice, în atmosfera bine cunoscută, sub conducerea academicianului Traian Ionaşcu şi a lui Eugen Barasch. Şi-a făcut ucenicia în teoria şi filosofia dreptului alături de Anita Naschitz, excepţională cercetătoare, o prezenţă tulburătoare în aria problematicii dreptului.

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România va găzdui Congresul mondial de filosofie a dreptului (IVR) din anul 2021

Author(s): Ion Craiovan / Language(s): Romanian Issue: 03/2019

In perioada 7-13 iulie 2019 a avut loc în localitatea Lucerna (Elveţia), al XXIX-lea Congres mondial de filosofie a dreptului şi filosofie socială (IVR). Congresul a fost organizat de Universitatea din Lucerna şi a avut ca temă generală triada „Demnitate, Democraţie, Diversitate”.

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Mutaţii aduse de Codul administrativ în reglementarea personalului din administraţia publică

Author(s): Verginia Vedinas,Cristian Bitea / Language(s): Romanian Issue: 03/2019

The study is intended to make an analytic overview of the regulations of the Administrative Code relating to the public administration staff. The main characteristic of the provisions of the Code in this matter is represented by the fact that any provisions are enshrined for all categories of staff, respectively civil servants and contractual staff, as well as foe other categories of staff paid from public funds1. In this way, it is implicitly emphasized the rule according to which the public administration staff, no matter their status or legal position, has certain features making them different from the similar existing categories in the private field, in liberal professions or in other organizations or fields.

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Controlul de tutelă administrativă exercitat de către prefect şi acţiunea în contencios administrativ exercitată de către prefect în contextul Constituţiei revizuite, al Legii contenciosului administrativ nr. 554/2004 şi al Codului administrativ

Author(s): Oliviu Puie / Language(s): Romanian Issue: 03/2019

After the adoption of the Administrative Code approved under the G.E.O. no. 57/2019, the prefect’s institution enshrined at the constitutional level has a new legislative support at the level of the infra-constitutional legislation. Unfortunately, as regards the scope of legal deeds covered by the control of administrative custody exercised by the prefect and the subject matter of the administrative dispute filed by the prefect, the Administrative Code maintains certain inconsistencies and mismatches, contrary to the legislative technique rules established under Law no. 24/2000, as republished, existing also during the former repealed normative acts at the same time as the effective date of the Administrative Code and which shall further create any dysfunctionalities and controversies in the enforcement of the Administrative Code. Starting from these considerations, this study proposes an analysis of the amendments brought by the Administrative Code in the matter of the control on administrative custody exercised by a prefect and the administrative litigation brought by the prefect, by reference to the constitutional provisions and to the provisions of the Administrative Law no. 554/2004.

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Modificările aduse procedurii de evaluare a performanţei profesionale a secretarului unităţii administrativ-teritoriale prin Legea nr. 24/2019 pot constitui temei pentru anihilarea stabilităţii în funcţie a acestuia

Author(s): Árpád Egyed / Language(s): Romanian Issue: 03/2019

The identification of the legal basis for the evaluation of the professional performance of civil servants, in general, and, in particular, of the secretary of the administrative territorial entity (hereinafter abbreviated as a.t.e.) in Romania, as a result of the amendments and completions of the professional performance evaluation procedure by Law no. 24/2019, have not only allowed us to analyse these aspects by the terms of public management and administrative science, but also to undertake a brief comparative survey of the situation in Romania and that of the European Economic Area as well. The unconstitutional regulation – as we affirm –, due to the lack of predictability of the legal provisions regarding the procedure of evaluating the professional performance of the secretary of the a.t.e. in Romania, has created the premises for exercising with excessive power the discretion of the president of the county council, or of the mayor of the a.t.e. regarding the evaluation of the professional performance of the secretary of the a.t.e.; thus it can serve as a possible basis for annihilating its stability in office. Whereas the primary effect of the secretary’s stability in office must be precisely the assurance of legality regarding the activity of the local public administrative authorities, legality for which the legal liability has been transferred entirely to the secretary of the a.t.e. by Law no. 140/20171, while this assurance of legality needs to remain strictly professional, without any political bias or illegal interference, and without any abuse or excess of power from local elected representatives. The regulation, with the help of legal norms of the possibility of excess of power when exercising the discretion of the evaluator president of the county council or of the mayor of the a.t.e. when evaluating the professional performance of the secretary of the a.t.e. has also created the unconstitutional and absurd situation in which the secretary of the a.t.e, who in spite of having the legal powers to exercise a priori control of the administrative acts of the county council, of the president, or of the mayor of the city, is being evaluated in terms of professional performance by the evaluator president of the county council or mayor of the a.t.e, that is, exactly by those, who are controlled by the very same secretary as regarding the legality of their acts. In order to eliminate the unconstitutional situation created by regulating the procedure of evaluation of the professional performance of the secretary of the a.t.e in accordance with the rules introduced by Law no. 24/2019 in the Civil Servants' Statute, we made the proposal to urgently amend these provisions and to assign the evaluation of the professional performance of the secretary to a commission consisting of three professionals with proper professional backgrounds, having senior experience in a specialized position with managerial responsibilities, that is, with the equivalent conditions of the requirements for fulfilling the function of secretary at the county, municipality, town or commune levels, in accordance with Law no. 188/1999, republished with the subsequent modifications and completions. Furthermore, these professionals shall be appointed by order of the President of the National Agency of Civil Servants for a term of three or five years, and one of them shall be delegated by the Agency just mentioned, one by the Prefecture of the respective county, and one representative shall be nominated by the professional association of the secretaries of the corresponding level, that of counties, municipalities, towns or communes in Romania. Regarding the other procedural aspects, they shall be regulated similarly to those stipulated by the aforementioned organic law for senior civil servants. We have the firm conviction that the true purpose of the law on the evaluation of professional performance can be achieved, but on one hand, only after eliminating the unconstitutionality of the legal provisions analysed in this study regarding the procedure for assessing the professional performance of the secretary of the a.t.e. in Romania, and on the other hand, with the total respect of the stability of the secretary’s function, since the stability in office of the secretary should be a guarantee for ensuring the legality of the local public administrative authorities’ activities, and consequently, for the implicit strengthening of the rule of law in Romania.

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Cătălin-Silviu SĂRARU, Contenciosul administrativ român

Author(s): Verginia Vedinas / Language(s): Romanian Issue: 03/2019

Review of: Cătălin-Silviu SĂRARU, Administrative disputes in Romania, C.H. Beck Publishing House, Bucharest, 2019

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Единната патентна система – очаквания и перспективи за обединена Европа

Author(s): Veselina Maneva / Language(s): Bulgarian Issue: 11/2021

The present study brings to the reader’s attention an extremely important fact for the European patent system – the beginning of the work of the Unified Patent Court. On January 19, 2022, the Protocol for the Preliminary Implementation of the Agreement on the Unified Patent Court entered into force, and it is expected to start functioning by the end of 2022 and the beginning of the following year. The article examines in historical order the creation and development of the European patent system, as well as the adopted legal acts outlining the new patent system of the European Union. The structure, competence and way of functioning of the Unified Patent Court have been clarified. Emphasis is placed on the advantages resulting from the introduction of the unified patent system, and above all on the role of the Unified Patent Court in unifying judicial practice in various patent disputes. The aim is to establish greater legal certainty in protecting the rights of patent holders. The opportunities and some of the problems that arise for Bulgarian enterprises since the introduction of the new patent system are indicated.

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Парламентарният правилник на шестото Велико народно събрание

Author(s): Ekaterina Mihaуlova / Language(s): Bulgarian Issue: 11/2021

Under consideration in the article are the debates and the adopted provisions in the Rules of Procedure of the VIth Grand National Assembly. A special emphasis is placed on the typical and characteristic features of the Rules of Procedure as well as on the particularities that it reveals, as being adopted for a parliament that is bound to adopt entirely new Constitution. There are some provisions in the Rules of Procedure that are relevant both to the constituent power and to the constituted power. Under analysis are the adopted provisions that are contrary to the provisions in force at the time of the 1879 Tarnovo Constitution, as well as the rule of law principles.

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Правна защита на уязвимите лица

Author(s): Deyana Marcheva / Language(s): Bulgarian Issue: 11/2021

In this article I discuss the issue how the law should define the vulnerable persons and whether the approach should be categorial or contextual. I argue that it is impossible in advance to make a list of all categories of vulnerable persons or groups in all possible legal contexts and for this reason the theory of vulnerable subject should not be ignored. The principles of rule of law, equality and human rights protection require for considering the specific situation of vulnerable persons in all administrative and court procedures so that they will benefit from more extensive and reinforced procedural protection of their rights. Such a procedural standard needs to be applied everywhere whether or not the legal framework provides for special statute of the persons from vulnerable groups, as in the Asylum and Refugees Act.

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Практика на Съда на ЕС във връзка с европейската гражданска инициатива

Author(s): Katerina Yocheva / Language(s): Bulgarian Issue: 11/2021

Under consideration in the present article is the case-law of the Court of Justice of the European Union (General court and Court of Justice) in the period 2012–2022 with regard to the European Citizen’s Initiative (ECI). On the first hand under consideration is the relevant case-law of the General court regarding cases about ECI, and on the second hand there is consideration of the respective Court of Justice’s case-law with regard to judgments of the General court that have been appealed before that higher jurisdiction.

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Процесуален субституент ли е синдикът?

Author(s): Todor Kolarov / Language(s): Bulgarian Issue: 11/2021

The article discourses whether the bankruptcy receiver is a procedural substitute. Upon discussing different scholarly opinions, the supported opinion is that the receiver does not have the characteristics of a procedural substitute of the creditors or the debtor.

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Присъединяването на ЕС към ЕК ПЧ – уравнение с много неизвестни

Author(s): Tchetin Kazak / Language(s): Bulgarian Issue: 11/2021

This article aims to present the status of the accession project eight years after the CJEU‘s opinion: the long way it has come, what has been done since then, the possible obstacles that remain, starting with the long procedure of ratification of the accession agreement, including by countries outside the European Union. The vicissitudes that this project has gone through, as well as the challenges that continue to face it, turn its realization into an equation with many unknowns, for which solutions are still being sought and will be sought.

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