THE ACCESS OF THIRD COUNTRY BIDDERS IN THE EUROPEAN UNION PROCUREMENT MARKET

Author(s): Andra Catalina Iftemie / Language(s): English Publication Year: 0

The new Emergence ordinance no. 25/2021 amending and supplementing normative acts in the field of public procurement brings to our discussion the access of third country bidders in the European Union procurement market. Stating article 25 of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement, the national legislator redefines the notion of „economic operator” in a manner that shall ensure equal treatment between third country bidders and European Union bidders.The national legislator approach is not new in the European Union. The European Commission previously offered guidance on the matter, presenting the instruments a contracting authority can use to avoid distortion created by third country bidders on the EU procurement market. Further, the European Commission emphasises a regulatory gap on the foreign subsidies granted to participants in a procurement procedure, by White Paper COM(2020) 253 - final on levelling the playing field as regards foreign subsidies. Although the vision of the European Commission appears to be a case by case analysis, the national legislation provides the solution of excluding de plano certain categories of economic operators.The scope of this article is to present the European regulation on the access of the third country bidders in the EU public procurement market and to analyse the new national legal provision with respect to this matter.

MISLEADING AND COMPARATIVE ADVERTISING IN CONSUMER RELATIONSHIPS

Author(s): Olesea Plotnic,Rodica Crudu,Pascari Roman / Language(s): English Publication Year: 0

Misleading and comparative advertising, in fact like other unfair consumer practices, has become increasingly diverse in recent years, including with the application of information technology. But the countermeasures have also become more effective, largely due to the aspirations of European integration and the signing of the Association Agreement of the Republic of Moldova with the European Union (Association Agreement of 27.06.2014). These important processes have brought significant results, and finding that consumer protection in the field of misleading and comparative advertising in the Republic of Moldova was regulated below European standards, and essential regulations to ensure consumer interests were lacking, efforts were made to significantly improve legislation. through a broad process of harmonizing it with European Union legislation.The most important regulations in the field of misleading and comparative advertising can be found both in the national legislation, such as the Law on Advertising no. 1227 of 27.06.1997, the Law on Consumer Protection no. 105 of 13.03.2003 and the Competition Law no. 183 of 11.07.2012, as well as in the legislation of the European Union, the Directive of the European Parliament and of the Council on misleading and comparative advertising no. 2006 / 114 / EEC of 12.12.2006.An essential role in regulating misleading and comparative advertising is also represented by the adoption of Law no. 133 of 15 November 2018 on the modernization of the CivilCode and the amendment of some legislative acts, which entered into force on March 1, 2019.The aim of the study is to analyze both national regulations and European Union legislation, as well as unfair practices used by economic agents in misleading and comparative advertising.

THE INFLUENCE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION RULING ON THE MONETARY POLICY. RECENT CASE LAW ANALISYS

Author(s): Mihaela Tofan / Language(s): English Publication Year: 0

In the context of the European integration, the monetary project is considered both a success and a vulnerability action of cooperation among the Member States, its legal framework feature designing one of the most innovative area of the European law. The balance between the independence of the monetary institutions and the supremacy of the regulation included in the European Union treaties requires legitimate and specialized intervention.The paper presents the competence of the Court of Justice of the European Union (CJEU) to verify the conformity of the European monetary policy with the European primary sources of law, analyzing recent jurisprudence (case Dietrich C-422/19, case Weiss C- 493/17 and case Gauweiler (C-62/14). The research focuses on the arguments used by the CJEU when presenting its rulings, investigating its influence on the monetary policy within the European Union (EU), both in the case of the European Central Bank and for national central banks.It is the relation between the legislatives institutions and monetary actors that is analyzed and detailed, assessing the role of the jurisprudence in extending the effect of the European monetary policy outside the limits for the euro-area, for all the EU territory.

THE REGULATION OF EU MEMBER STATES ON THE TAX TREATMENT FOR INVESTMENT INCOME AND ITS INFLUENCE ON HOUSEHOLD SAVINGS

Author(s): Mihaela Tofan / Language(s): English Publication Year: 0

Taxation is a relatively new field and disputed area of integration for European legislation, yet there are aspects of similarity and harmonization in the field of tax regulation of investment income. The paper analyzes the national legal framework of the European Union Member States for the tax treatment of investment income. The era of exclusive unilateral regulation of the tax system has been overtaken by the need to build assistance mechanisms in the context of globalization and digitalisation of trade. The international dimension of private investments has stimulated cooperation projects between governments and legislative actors in different states and has paved the way for multilateral agreements in this particular area of law.There is a delicate balance between the autonomous right of states to regulate taxation and the need for common regulation in order to have an effective response in the rule of law to the reality of the global taxation. This effect is presented in connection with the influence on household saving behavior.

REORGANIZATION OF THE LEGAL PERSON – A SOLUTION IN THE CONTEXT OF THE COVID-19 PANDEMIC

Author(s): Olga Andreea Urda,Ionut Alexandru Toader / Language(s): English Publication Year: 0

The reorganization of the legal person represents, without a doubt, a solution for the entrepreneurs with the aim to restructure and optimize thir activity. In the specific context of COVID-19 pandemic, effective solutions are required in the sensitive and so severely afflicted domain of entrepreneurship.Merger and division as forms of reorganization of companies are regulated by Law no. 31/1990 and they represent for many entrepreneurs the last resort, which would respect concomitantly the strict stipulations regarding loyal competition on one hand, as well as those related to fulfilling their contracted obligations with respect to social creditors, on the other. The legislator is solicited to make effective legal solutions available for the entrepreneurs, which would answer to the necessity to reorganize their activity, solutions meant to protect shareholders as well as social creditors.The law 31/1990 was modified within the context of COVID-19 pandemic, more efficient solutions being conceived for entrepreneurs and the aim of this paper is to illustrate the manner in which the specific solution of the reorganization of the legal person is regulated, on one hand from the perspective of the Civil Code, and on the other hand from the perspective of Law 31/1990.

ACTORS / SUBJECTS OF THE CROSS-BORDER INSOLVENCY

Author(s): Cristina Bancu / Language(s): English Publication Year: 0

The article insists on the legal solutions of the subjects/actors of cross-border insolvency, a complex issue that involves elements of legislative systems and legal instruments both at national and international level. In this study, there were researched issues regarding the existing regulatory framework of the conditions to become an actor/subject of the cross-border insolvency in the Republic of Moldova and the most important analysis being focused on the provisions of the European and international regulatory framework, which demonstrates a tendency to resolve cross-border disputes and conflicts, but which unfortunately does not cope to the globalization trends. The analysis of the European framework that regulates the conditions for insolvency proceedings in international jurisdiction as well as the establishment of creditors' defense limits is not always the shield of creditors outside the EU, which in fact leads to cross-border insolvency conflicts. The continuous expansion of international trade will inevitably lead to the emergence of new cases of insolvency, we cannot overshadow the consequences of the health crisis (Covid 19) in the modern world that inevitably comes with new waves of liquidation of large companies. The author finally comes with conclusions that can be implemented in both international and national regulations with regard to parties involved in the insolvency process which comes out to be difficult and involved international issues and problems. Additionally, it will be marked out of threatens of administrator and founders to bear financial liability as result of the indirect liability for the companies’ debts.

LEGAL FRAMEWORK AND TRENDS OF THE DIGITAL BANKING AGREEMENT

Author(s): Violeta Cojocaru,Aliona Cara-Rusnac / Language(s): English Publication Year: 0

The article will analyze the legal framework and trends of the Moldovan digital banking agreements and its impact on banking activity overall. There will be presented the Moldovan digital banking agreements that were implemented in the banking activity area and their impact on the increase of clients desire to sign these types of contracts. Banks were first in row to explore the digital area as consequences of the technological progress and by simplifying clients’ needs to access faster banking service activities. The business of the companies in special banks is based 80% on contracts. Despite this fact, the digital banking contract involves security issues that clients might inure connected to theft of the identity, validity of electronic signature, access to internet in rural areas, and the classic banking transactions such as loan approvals, account opening and investments have not experienced the digital revolution switch due to the consumers’ strict legal requirements. Nevertheless, it will be presented the role of the National Bank of Moldova in adopting legal framework necessary for developing digital banking contracts and the resistance of the other players of the banking digital market as payment providers.It will be argued that there is a need to tackle solutions to banks challenges at the European, International level that the national level, and will be considered the role of the International, European and national monitoring institutions to provide appropriate solutions and if necessary to adopt restrictions in cross-border banking digital services and the risks that clients might experience by accessing those services. Finally, the authors will compare the trends of the Moldovan digital banking contracts compare to the digital banking contracts in European Union area and will come up with solutions how to integrate Moldovan Banking activity in European Union standards.

THE PRINCIPLE OF NON-RETROACTIVITY IN TAX LAW

Author(s): Daniela Constantin-Vorovenci / Language(s): English Publication Year: 0

Most normative legal analysis is devoted to determining which procedures or policies society should prefer. Any divergence between the current legal regime raises the question of citizens' basic rights regarding their legal situation. This Article uses legal and economic analysis to evaluate the non -retroactivity of law.Part 1 of this Article provides a broad illustration of the principle of non-retroactivity and its dimension in Romanian tax law.Part 2 of the Article extends the theoretical research on the principle of non-retroactivity in comparative law. The purpose of the analysis is to highlight to what extent the principle, in the form regulated in the Constitution of Romania, supports certain nuances compared to other countries.Part 3 of the Article deals with the practical side of the problem. Thus, based on concrete examples identified in the tax law, we tried to determine if the constitutional transformation of the non-retroactivity in the form adopted by the constituent legislator, by reference to the specifics and limits of the tax law, is the only solution to guarantee the elimination of any abuses of legislation and strengthening legal certainty.Title 4 of the Article contains our conclusions on the phenomenon under consideration.

CONTRACTUAL MECHANISMS IN BUDGETARY FRAMEWORK: A SPECIAL VIEW ON EU GRANTS

Author(s): Ioana Maria Costea,Despina-Martha Ilucă / Language(s): English Publication Year: 0

The budgetary framework defines itself in relation with two significant pillars: the public source of revenues and the general private legal context. Budgetary funds, national or European, are significantly relying on contractual mechanisms to ensure the execution of a budgetary credit. These contractual elements are a concoction of strict regulations deriving from the purpose of protecting public interest and of suppler regulations sustaining an efficient expenditure operating model. In this framework, EU grants are a specific instrument for attaining socio-economic purposes that have a high contractual profile. The present study will address the givens of budgetary execution in the EU context by applying general contractual standards to this domain. This analysis will allow us to identify commonalities and individualities of EU grants. The method used is a general analysis of contractual mechanism, allowing to identify the behavior of EU grants as to the features, subjects, object, provisions, execution, and termination of the contractual link.

THE LIBERALIZATION OF ELECTRICITY MARKETS IN ROMANIA AND IN THE EU

Author(s): Cristina Oneţ / Language(s): English Publication Year: 0

The paper presents and analyzes the most important measures adopted by the European Union and Romania to ensure the establishment of electricity prices freely and on a competitive basis.If the first part of the paper presents, from a historical perspective, the most important measures adopted by the European Union to achieve this goal, in the second part we analyze the measures recently adopted by Romania to define an energy strategy at national level, but also a coherent and articulated energy policy to provide crisis response tools. In this sense, the paper analyzes the role of the Romanian Energy Regulatory Authority (ANRE) as an autonomous administrative authority at national level and the Agency for the Cooperation of Energy Regulators (ACER), established at European level.Last but not least, the paper presents the way the national electricity market is organized and operates, but also a series of statistical information provided by the Romanian Electricity and Gas Market Operator (OPCOM) to illustrate the types of energy markets that operate in Romania, as well as the most important information on the financial results obtained on these markets in 2021.In conclusion, it can be seen that Romania is at the beginning of the road in terms of organizing free electricity markets. It has created all the necessary structures for the liberalization of the electricity market, but the regulation of their functioning will be done as it will face different realities that will demand appropriate measures. The legislative measures subject to the present analysis highlight the fact that they were undertaken in Romania in the context of their adoption at European level, but the current context of the energy crisis that manifests itself globally will force it to identify other concrete measures to intervene in the economy in order to alleviate the shocks caused by these crises.

CLIMATE CHANGE AND SUSTAINABLE DEVELOPMENT: ISSUES FOR INTERNATIONAL TRADE SYSTEM

Author(s): Olesea Plotnic,Lucia Popescu / Language(s): English Publication Year: 0

In the context of implementing the United Nation Agenda 2030 on Sustainable Development Goals (SDG), as well as climate change policies and strategies adopted by several states, many countries go through the process of changing the markets for a green economy. Although such changes lead to positive impact for the environment, international trade market faces several legal and economic challenges. Following the analysis of United Nation and other relevant international documents and policies, their features and impact, as well as different opinions and considerations of academia, the research will provide a detailed presentation of the legal challenges faced by private companies in the context of sustainable development. In addition, the legal particularities of private sector’s activity in the context of SDGs will be stresses and recommendations provided. The recommendations will focus mainly on concrete measures to include sustainable goals through practices for all services, products, resources and manufactures of entrepreneurial activity.

VIOLATIONS OF THE RIGHTS OF EUROPEAN CITIZENS IN THE ACTIVITY OF JUDICIAL BODIES. ECHR RECENT INSIGHT

Author(s): Angela Tatu / Language(s): English Publication Year: 0

Knowing the provisions of the Charter of Fundamental Rights of the European Union also means knowing the rights of European citizens. These rights include: the legality of the criminalization of crimes and punishments, the right to a fair trial and the right to an effective appeal, the presumption of innocence, the right to defense, the proportionality of punishments in criminal matters in relation to the crimes committed, the right not to be tried or convicted a second time for the same act - ne bis in idem. In addition, we must also know the cases in which these rights can be violated, in order to signal possible abuses by various institutions against European citizens. Only by invoking them through the procedural means left at our disposal, of every European citizen, can we on the one hand defend ourselves, and on the other hand all those who are the authors of these abuses be sanctioned. This article aims, in addition to the previously revealed aspects, to show the reader concrete situations in which the main rights recognized to European citizens were violated by the judicial bodies in the activity of criminal prosecution or trial, by showing concrete examples of violations and the way to repair the damages caused. The goal is, beyond pointing them out, to teach future law practitioners not to "fall into the same sin", also violating the international provisions that enshrine these rights. ECHR practice was taken into account.

FINANCIAL FRAUDULENT REPORTING USING EXPENDITURE FOR CONSULTANCY SERVICES. ROMANIAN LAW AND JURISPRUDENCE

Author(s): Mihaela Tofan / Language(s): English Publication Year: 0

The financial fraudulent reporting includes the use of methods and mechanism to reduce the tax liability, diminishing the tax amount either by increasing the deductible expenses artificially or by cosmeticizing the non-deductible expenses into false deductible. The paper evaluates the tools used in practice to qualify the expenses incurred for the provision of consulting services used by companies, in the context of Romanian taxation and the trends manifested in international taxation. Considering the very diverse nature of the points of view expressed in relation to this subject, the present analysis carries out an evaluation from a theoretical and jurisprudential point of view of the arguments used to establish the (non)deductibility for this category of expenses. Identified solutions are presented in the context of the volatility of the regulations at the national level, noting the stability of the interpretations given in the solutions pronounced by the national courts, but also the edifying role of the interpretations made by the Court of Justice of the European Union, even when the pending litigation does not explicitly address the issue the tax treatment applied to the amounts spent as consultancy.

ONLINE PLATFORMS – SUBJECTS OF THE E-CONTRACTS OR INTERMEDIARIES?

Author(s): Violeta Cojocaru,Aliona Cara-Rusnac / Language(s): English Publication Year: 0

The article will analyse the legal framework and trends of online platforms. There will be presented new directions of online platforms that have the role to connect and to facilitate the dialog between the sellers and consumers. The importance and usage of the platforms have accelerated at an unprecedented rate since the global pandemic started. Online platforms are gates to the new business stage for young companies. Taking into account the fact that online platforms include engines, social media, online financial services and more their status is still unclear, whether they are considered partners/subjects in e- contracts or intermediaries. Additionally, online platforms include specific risks and issues to the users as: dissemination of illegal content, products and service online, such as incitement to terrorism, infringements of IP rights, manipulation of platform’s system to amplify certain violence or self-harm messages, unfair business conditions for business users, unfair commercial practices, consumer protection rules ill-suited to digital world, tax avoidance, ineffective supervision of services, thus he Platform-to-Business Regulation, the Digital Services Act and the Digital Markets Act aim to address some of these gaps and form three key legislative initiatives in the field of online platform regulation. Finally, the authors will compare the trends of the online platforms and will come up with solutions of the legal status of online platforms.

NOTARY DEED IN ELECTRONIC FORMAT AND REMOTE NOTARY DEED IN THE REPUBLIC OF MOLDOVA: DREAM OR UTOPIA?

Author(s): Vitalii Pistriuga / Language(s): English Publication Year: 0

In our days, the development of the state and society is seen indispensably by the integration of information’s technologies. Being one of the basic pillars, which ensures the security of the civil circuit of goods, qualified notarial assistance has long been waiting for the adjustment of the legal framework and the introduction of the electronic notarial deed. By the Disposition of the Minister of Justice, a working group was formed in order to develop a draft law with the necessary amendments along. In addition to the ordinary process of drafting the legislative act, a project was recently initiated to modernize the legal framework as an emergency, targeting several areas, including the introduction of digital notary. The content of this research will reflect the history of development of the e- notary in the Republic of Moldova up to the current stage. The research will also contain an analysis of the legislation of other states, where electronic notarial deeds are already implemented, and those where the introduction of electronic notarial deed has failed. The author will differentiate between the electronic notarial deed and the remote notarial deed, as well as will try to identify the prerequisites for their implementation. Failure to adjust the project may have negative consequences, which will block the implementation of the electronic notarial deed in the Republic of Moldova, thus the research will identify some threats that may affect the appearance of the electronic notarial deed as a result of the adoption of the draft law presented to the Parliament of the Republic of Moldova and will intervene with some proposals to improve it. Additionally, will be examined the results (impact) of introducing of a new legal framework on the civil circuit security, which will deprive the notary by the necessary tools and by the clear regulation of the notarial procedure.

THE EFFECTS OF THE PANDEMIC TIMES ON HUMAN RIGHTS AND BUSINESS ENVIRONMENT

Author(s): Olesea Plotnic,Valeria Praporscic / Language(s): English Publication Year: 0

Although some time has passed since the start of the pandemic, its consequences are still being felt, not only at the national level, but also at the EU level, and an immediate consequence is the beginning of a new global crisis. The devastating economic effects that Covid-19 had on human rights and contractual relationships have particularly affected the entire world, given that businesses experienced supply interruptions, and many contracts could no longer be executed or were executed improperly, indirectly being affected fundamental consumer right. The exact number and scope of companies that suffered losses leading to bankruptcy and permanent market exit is not clear, but according to a survey conducted by the World Bank's Enterprise Analysis Unit, different approaches have been developed to measure the virus's impact on the private sector and individuals. In this context, not only entrepreneurs suffered significant losses, but also consumers of products and services, who were automatically transferred for online purchase with risk of non-conformity and delays.The aim of this paper is to discuss a series of progressive steps that must be followed after pandemic times for the protection of human rights and business enforcement with a detailed analysis on the importance of special internal regulation for the for overcoming situations of force majeure. Even though we are currently in a post-pandemic period where everything seems to have returned to normal, we still believe that the consequences of the pandemic are still being felt, as the pandemic has not disappeared, but we have learned to live with it.

THEORETICAL AND JURISPRUDENTIAL ASPECTS IN THE MATTER OF INSURANCE MEASURES IN CRIMINAL PROCEEDINGS - ECHR PRACTICE

Author(s): Angela Tatu / Language(s): English Publication Year: 0

The taking of protective measures in the criminal process is allowed in order to repair the damage caused by the crime, in order to special confiscation and to guarantee the execution of the fine, as well as to guarantee the execution of judicial expenses. Most of the crimes committed are resulting crimes, that is, crimes that generate material or moral damages. According to the legal provisions in the matter, reparation of the damage is done in kind (restitution of things, restoration of the situation prior to the commission of the crime, etc.) or by paying monetary compensation, if reparation in kind is not possible. The Romanian legislator explicitly regulates the conditions for obtaining, maintaining, revoking and replacing them, but in the internal practice of judicial bodies we have reported violations of internal legal provisions, as well as a non-compliance with those pronounced by the European Court of Human Rights in the matter. Through this study, we aim to show jurists, but also legal practitioners, those concrete situations in which either the prosecutor or the court failed to comply with the legal provisions, thus violating the rights established by law for the suspect or defendant, the civilly responsible party or other persons. In this sense, we will present aspects of internal practice, but also ECHR practice.

ВЛАДЕЕЊЕТО НА ПРАВОТО И ПОЛИТИЧКИОТ ПЛУРАЛИЗАМ

Author(s): Vlado Kambovski / Language(s): Macedonian Publication Year: 0

ДЕЛА ОД ОМРАЗА, СО ПОСЕБЕН ОСВРТ КОН ГОВОР НА ОМРАЗА И КАЗНИВОСТ НА ГОВОРОТ НА ОМРАЗА

Author(s): Ebru Ibish / Language(s): Macedonian Publication Year: 0

Предрасудите, расизмот, ксенофобијата, непријателството, пристрасноста, дискриминацијата и хомофобијата го сочинуваат темелот на говорот на омраза. Крајната фаза на говорот на омраза поточно побудувањето на дискриминаторско насилство, е почетната фаза на криминалот од омраза, а оттука загрижува фактот што најчесто како сторители на криминалот од омраза се јавуваат млади лица од 16 до 21 година. Во однос на појавата на говорот на омраза влијаеле два процеса, првиот се јавува во Европа со појава на фашизмот и националсоцијализмот, а вториот во САД под силно влијание на расизмот и дискриминацијата. Таму каде што завршува слободата на изразување, започнува говорот на омраза. Постојат безброј дефиниции околу говорот на омраза во правната доктрина, документите на СЕ и слично, но за жал сè уште немаме општоприфатлива дефиниција за истата, па можеме да констатираме дека говорот на омраза ги опфаќа изјавите кои се насочени спрема определени индивидуи или групи кои најчесто се состојат во заплашување, вознемирување и навредување со повикување на омраза, насилство и дискриминација врз основа на сексуална ориентација, раса, пол и вера. Меѓународните документи како што се: Европската конвенција за човекови права; Европската повелба за човекови права; Универзалната декларација за човекови права; Меѓународниот пакт за граѓански и политички права и останати меѓународни документи, а воедно и националната регулатива се од клучно значење за заштита и превенција на говор од омраза и криминал од омраза.

Dreptul la viață privată și dreptul la liberă exprimare în Declarația Universală a Drepturilor Omului: complementaritate sau contradictorialitate?

Author(s): Marius Catalin Mitrea / Language(s): Romanian Publication Year: 0

The right to private life and the right to freedom of expression are enshrined in the Universal Declaration of Human Rights in art. 12, respectively in art. 19. The right to privacy recognizes that every individual has the right to the protection of his personal life, including personal data. This right is crucial to ensuring individual dignity and freedom. On the other hand, the right to freedom of expression gives every individual the right to express opinions and thoughts freely. These two rights may appear contradictory when, for example, discussions about the right to privacy may conflict with the disclosure of information in the name of freedom of expression or the public interest. However, the Universal Declaration of Human Rights tries to find a balance between these rights (art. 29, paragraph 2). Limits may be imposed on the right to privacy to protect national security or public safety, but these limits must be lawful, proportionate and justified.