Admitere recurs în interesul legii. Timbrajul acțiunilor având ca obiect repararea prejudiciului cauzat prin punerea în aplicare a prevederilor art. I pct. 13 din O.U.G. nr. 1/2020, art. I alin. (2) din O.U.G. nr. 226/2020, art. I alin. (2) din ...

Author(s): Author Not Specified / Language(s): Romanian Issue: 2/2024

Înalta Curte de Casație și Justiție, Completul pentru soluționarea recursului în interesul legii, decizia nr. 6/2024, M. Of. nr. 548 din 12 iunie 2024

The Parallelism of Serbian Constitutional Norms on the Concept and Competences of Autonomies

Author(s): Slobodan P. Orlović / Language(s): English Issue: 3/2024

Serbia is a decentralised unitary state comprising two territorial autonomies – the Autonomous Province of Vojvodina and the Autonomous Province of Kosovo and Metohija. The autonomies are constitutional institutions (categories), which means that their status is generally regulated by the Constitution. However, this regulation primarily concerns Vojvodina, whereas Kosovo and Metohija’s status will be determined by a special law, which will embody the constitutionally proclaimed ‘substantial autonomy’. The Constitution determines the concept and competences of provinces through six articles, leaving the more specific regulation to the law and provincial acts. The paper critically describes this constitutional regulation, with the major remark that some provisions are redundant as they are,unacceptably, simply repeated.

Преглед на нормативна уредба на режима за регулиране на цените на лекарствените продукти в България от Освобождението до днес

Author(s): Vasil Tankov / Language(s): Bulgarian Issue: 2/2024

This article observes the development of the regulatory framework in the field of healthcare and the pharmaceutical market with a specific focus on the procedures and mechanisms provided for the formation and regulation of the prices of medicinal products. All legislative and main sub-legislative acts are described in chronological order, with the precise indication of the dates on which they were adopted and subsequently promulgated in the State Gazette, for the convenience of anyone who wishes to become more thoroughly familiar with the relevant legislative act and to find it in its authentic version. An attempt has been made to analyze the tendencies observed in the development and upgrading of the legislation governing price regulation of medicinal products.

Правно мнение по конституционно дело 15/2023

Author(s): Darina Zinovieva / Language(s): Bulgarian Issue: 2/2024

Legal opinion from Professor Darina Zinovieva concerning the subject matter of Bulgarian constitutional case 15/2023

Правно мнение по конституционно дело 15/2023

Author(s): Nadezhda Slavcheva / Language(s): Bulgarian Issue: 2/2024

Legal opinion from layer Nadezhda Slavcheva, PhD, concerning the subject matter of Bulgarian constitutional case 15/2023

Collegiality and Dissent in Polish Administrative Courts: Exploring Judicial Interactions

Author(s): Maciej Wojciechowski / Language(s): English Issue: 1/2024

This article addresses a gap in existing research by focusing on the often-neglected realm of judicial interactions and internal dynamics within specific courts concerning the phenomenon of votum separatum. We examine the forms and practices of collegiality within Polish administrative courts and their influence on judges' decisions to file dissenting opinions. Additionally, we investigate the reactions of fellow judges when a dissent is announced.Our qualitative research methodology relies on in-depth interviews to prevent the imposition of predefined categories. Participants were encouraged to recount their experiences related to composing or participating in decisions involving dissenting opinions. This approach led to the emergence of categories related to collegiality, its functions, and inherent tensions.Our findings reveal that collegiality manifests in various forms beyond panel deliberations. Notably, our research uncovers the existence of departmental meetings in provincial administrative courts where issues addressed in dissenting opinions are discussed. Furthermore, judges' perspectives indicate that the most common scenario leading to dissenting opinions arises when judges from different panels reach opposing decisions. This dilemma prompts judges to choose between adhering to the initial panel's decision or voting for a divergent position proposed by the second panel.Finally, our observations within courtrooms highlight that the ideal of the dispassionate judge does not exclude subtle expressions of surprise or disappointment. These findings enrich our understanding of judicial interactions, shedding light on the complexities of collegiality and dissent within the context of Polish administrative courts.

Vrabko, Marián et al.: Právo v energetike [Law in Energy Sectors]. Wolters Kluwer, 2023

Author(s): Jakub Handrlica / Language(s): English Issue: 1/2024

Review of: Vrabko, Marián et al.: Právo v energetike [Law in Energy Sectors]. Wolters Kluwer, 2023. 212 pages. ISBN 978-8057106197. The author aims to review hanbook Law in Energy Sectors, which was recently issued by the publishing house Wolters Kluwer. The book review analyses the major chapters of the newly published handbook and presents certain recommendations for the next edition.

García García, María Jesús (Ed.): Democracia Europea Y Mercado Único: 30 Años Del Tratado De Maastricht. Fondo Editorial Aranzadi, 2024

Author(s): Sára Kiššová / Language(s): English Issue: 1/2024

Review of: García García, María Jesús (Ed.): Democracia Europea Y Mercado Único: 30 Años Del Tratado De Maastricht. Fondo Editorial Aranzadi, 2024. 408 pages. ISBN 978-8411625715. The reviewed book “Democracia Europea Y Mercado Único: 30 Años Del Tratado De Maastricht” consist of two parts. The book is an enriching experience for the reader who, in the first part, reads about the impact of the Maastricht Treaty on the strengthening of democracy in the European Union (the EU) and, at the same time, moves into the area of the single market from an environmental and social perspective. The reader will thus explore the impact of the Maastricht Treaty throughout EU law.

Démuth, Andrej – Démuthová, Slávka (Eds.): A Conceptual and Semantic Analysis of the Qualitative Domains of Aesthetic and Moral Emotions: An Introduction. Peter Lang, 2023

Author(s): Marián Ruňanin / Language(s): English Issue: 1/2024

Review of: Démuth, Andrej, ed. a Démuthová, Slávka, ed. A conceptual and semantic analysis of the qualitative domains of aesthetic and moral emotions: an introduction. Berlin: Peter Lang, [2023]. 168 stran. Spectrum Slovakia series; Volume 44. ISBN 978-3-631-90301-8. "A Conceptual and Semantic Analysis of the Qualitative Domains of Aesthetic and Moral Emotions" by Andrej Demuth and Slávka Demuthová explores the crucial intersection of aesthetic and moral emotions. Understanding these emotions is vital for grasping human psychology and social behaviour, as they shape personal experiences and influence societal norms and ethics. Scholars like Immanuel Kant and Martha Nussbaum have emphasised the role of aesthetics in moral judgement, highlighting how sensory experiences inform our sense of right and wrong. This book's exploration of the semantics and etymology of terms related to aesthetics and moral emotions enhances our understanding of how language shapes emotional experiences and provides historical insights into evolving perceptions of beauty and disgust. This study has significant implications for legal research, where morality, ethics, and justice are influenced by emotional and aesthetic judgements. By examining these judgements, legal scholars can better understand biases, interpret laws more fairly, and develop frameworks that resonate with the complexities of human psychology, enriching both legal theory and practice.

Report from the ECCL (European Company Case Law) Symposium on Corporate Sustainability Due Diligence – Sustainability and Law: (Ghent, 31 May 2024)

Author(s): Mária Patakyová,Barbora Grambličková / Language(s): English Issue: 1/2024

The European Company Case Law (ECCL) Symposium took place on May 31, 2024, at the Faculty of Law, Ghent University in Belgium. The organizing committee consisted of Professor Hans De Wulf (Ghent University), Professor Joti Roest (University of Amsterdam), and Professor Diederik Bruloot (Ghent University). The ECCL comprises a pan-European board of experts representing each EU member state and publishes the ECCL journal, which offers readers a comprehensive overview of laws and legislation in the EU.

The importance of prayer for the durability of marriage

Author(s): Paweł Sitek / Language(s): English Issue: 4/2023

ObjectivesThe research problems were aimed at answering the questions: Does progressive atheization have an impact and correspond with the practice of prayer? Does prayer have an impact on the human condi-tion? If so, what areas of human life benefit from prayer? A key problem was to investigate whether prayer can affect the durability of marriages?Material and methodsThe author, deciding to conduct research in the interdisciplinary field, had to use the legal-dogmatic method, but also the survey and interview methods, which are required by the methodology of the social sciences. At the same time, doctrinal and linguistic interpretations were used in the study of legal and historical sources.ResultsThe aim was to determine the current structure of believers, atheists and followers of other religions in Poland, while investigating the impact of this structure on the durability of marriages. The genesis of adopted objective was the research hypothesis stating that prayer has an impact on the durability of marriages. The research problems were aimed at answering the questions: Does progressive atheization have an impact and does it correspond with the practice of prayer? Does prayer have an impact on the human condition? If so, what areas of human life benefit from prayer?ConclusionsBased on the information provided, the article investigates the relationship between changes in reli-giousness, particularly the lack and abandonment of prayer, and the increasing number of marriages falling apart in Poland. The author suggests that prayer can have a positive impact on the durability of marriages and highlights the spiritual benefits of prayer, including a deeper spiritual connection, self-reflection, increased mental clarity, humility, inner peace, and reduced stress.

Juvenile Delinquency

Author(s): Andreia Corsei / Language(s): English Issue: 1/2023

Juvenile delinquency, as well as drug or alcohol use among young people, is the main problem of modern society, as it is on the rise. These phenomena are important both for specialists in the field and for public actors who are involved in preventing and combating the phenomenon of juvenile delinquency. From this point of view, the knowledge of this field represents the most important point for the reduction of policies related to combating delinquency. The issue of the connection between drug and alcohol use and crime among young people has created a rich literature that outlines the contradictory results regarding the intensity and meaning of the association between these phenomena. To be able to describe and exemplify the principles of this relationship, numerous theoretical models were drawn up and confirmed to a certain extent, considering the way the manner of consumption and criminal behavior was described and depending on the investigated population. The clarification of the relationship between these phenomena and the certification of the theoretical models applicable in this matter requires both the resolution of methodological differences and the homogenization of the approach to the numerous existing research in this field, as well as the gathering of empirical data, regarding the replication of the research carried out in the Western space. In this context is the present article, which aims to respond to the needs of exploring the existing relationship between drug and alcohol consumption in the Romanian cultural space, but also to collect data that contribute to the testing of all existing methods in this field, but applicable in other cultural spaces. The results of this research are of great practical importance because they serve as arguments in the drafting of applicable public policies in the field of preventing and combating juvenile crime closely related to drug and alcohol consumption and the numerous social programs and projects that objectively contribute to combating this phenomenon.

Disturbance of Public Order and Peace

Author(s): Bogdan Bîrzu / Language(s): Romanian Issue: 1/2023

In this work, we have examined the offense provided for in the provisions of art. 371 of the Criminal Code related to the provisions of the previous law. We have also examined the constitutive content of this crime with a special focus on the objective side. Since in Romanian law there is a provision with a similar contravention nature, we have referred to judicial practice and doctrine, on the differences between the two regulations. The work is part of volume V of the University Course - Criminal Law, the special part to be published by the Universul Juridic publishing house. The work can be useful to students of specialized faculties in the country, as well as to practitioners.

Accommodation in European Penitentiaries - Desire versus Reality

Author(s): Florin Proca / Language(s): Romanian Issue: 1/2023

With the evolution of humanity, several aspects of life have changed, such as the possibilities of movement, the resources for obtaining information, the growth and diversification of medical services, the increase in life expectancy, and the positive development of living conditions. In the prehistoric era, man summed up his living conditions as the need to find a place protected from wind, rain, or snow arranged as a shelter, clothing was provided mostly from the fur of hunted animals and the necessary warmth during the cold season was provided by fire made of wood. Over time, people's needs grew and diversified, shelters turned into furnished and equipped homes, clothes began to be made by specialized people called tailors, and the climatic comfort of homes began to be ensured by various installations based on electricity, gas, or other innovative systems. With the advent of penance, there was also the need to equip detention facilities with all the necessary elements for a normal life. If at the beginning prisons were seen as simple locations where the wrongdoer must be incarcerated, nowadays penitentiaries are detention facilities equipped with all the utilities necessary for a decent life and have heating sources, water supply mechanisms, electrical installations, and system of sewage. Initially, the conditions of the incarcerated person were not of interest to any person or authority, but later minimum norms were approved for the accommodation of those who have committed criminal acts or are suspected of committing a crime.

Special Review on Leadership Positions in the Teaching Field in some Particular Situations

Author(s): Mara Ioan,Camelia Spasici / Language(s): Romanian Issue: 1/2023

The present study was determined by the need to understand the connection between the National Education Law no. 1/2011 and Law no. 360/2002 regarding the status of the police officer. This is against the background of the existence of some leadership positions in the teaching field that can be occupied, due to the specifics of some higher education institutions, by people who are police officers. Both the status of the teaching staff in higher education and the status of the police officer include special norms and, therefore, questions are raised regarding the concrete way of applying them. Thus, in the case of police officers, the law allows the empowerment of leadership positions if (only) the following three conditions are met: the police officer must meet the educational requirements set out in the job description, s/he must not be the subject of a disciplinary investigation and s/he must not be under the effect of a disciplinary sanction. On the other hand, the National Education Law stipulates that the positions of rector and dean can be occupied by ‘scientific or academic personalities from the country and abroad’, respectively by ‘people from the university or from any specialized faculty in the country or from abroad’. For the positions of vicechancellor, vice-dean and department head, no condition is expressly provided. The vacancy of a position corresponding to such a leadership position, other than through the completion of the mandate, leads to the organization of elections or competition, within a maximum of three months, only for the hypothesis of the rector’s revocation, the university senate being obliged to appoint a vice-rector to represent the higher education institution and become an authorizing officer until the appointment of the new rector. When can the power of attorney be ordered for such positions? For how long? What are the conditions that the authorized person must meet? When can the appointment be applied? For what position? And for how long? Are the questions we have answered.

The Duality of the Exclusive General Jurisdiction of Courts and other Jurisdictional Bodies in the Republic of Moldova

Author(s): Alexandru Prisac / Language(s): English Issue: 1/2023

The exclusive general jurisdiction of the courts delimits the powers of this public authority from other jurisdictional bodies to examine legal cases by expressly determining that these disputes will be resolved only by the courts. In this article, this kind of competence is studied starting from the legislation of the Republic of Moldova. Studying the regulations of this kind of competence is necessary because it is regulated in several legislative acts, both by procedural law and by substantive law. But in some cases, it is not clear whether a phrase in the law, which stipulates the exclusive jurisdiction of the court, refers only to its competence or to arbitration by expressing the will of the parties to legal relations. It is worth noting that the legislation of the Republic of Moldova admits the duality of the exclusive general jurisdiction of the court in the sense that the reference to a court is also a reference to an arbitration or another body of jurisdiction. This work is useful to determine the jurisdictional body competent to solve a certain civil case when there are different interpretations which body can solve the civil case. In particular, the given article comes to comment on art. 15 para. (4) of the modernized Civil Code, which entered into force on 01.03.2019. Until this date there was no clarity whether the reference in the law to a court of law also constitutes a reference to other jurisdictional bodies such as arbitration. Different interpretations could be made by those who had to apply the law. But with the introduction of art. 15 para. (4) of the Civil Code, these interpretations can be excluded because these provisions admit that the referral to the court also constitutes the referral to other jurisdictional bodies.

Решение № 8973 от 19.07.2024 г. по адм. дело № 1207/2024 г. на Върховния административен съд

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 3/2024

Преюдициално запитване до Съда на Европейския съюз от 13.09.2024 г. по адм. дело № 7373/2024 на Върховния административен съд

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 3/2024

Решение на Конституционния съд № 6 от 11.04.2024 г.

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 2/2024

Здравно-информационен юридически справочник 01-31.12.2023 г.

Author(s): / Language(s): Bulgarian Issue: 2/2024