Role of Public Administration in the European Integration Process

Author(s): Selvije Halimi / Language(s): English Issue: 3/2018

Good functioning of public administration according to democratic principles and civic demands gives meaning to the contemporary state. States aspiring to join the European Union (as well as those that are members of the EU) should engage with a constant priority in the organization and functioning of public administration. The European Union has managed to set the principles for public administration and engages in strengthening the European Administrative Area by promoting the principles of administrative law and its development in order to ensure civic rights in relation to the state through the administration. The EU has not created the acquis communautaire for public administration but has accepted and is developing standards according to the principles of public administration. The EU public administration commitment aims at preparing states to successfully implement the acquis communautaire by seeking functional and competent public administration. In the European integration process (and after integration), public administration has a key role, so the EU focuses on the priority in this area by assessing achievements and recommendations through the Progress Report and OECD/SIGMA. These recommendations aim at the development and functionalization of public administration by the level of development and social evolution to create state sustainability and advancement of civic services.

Minority Rights in Kosovo

Author(s): Bashkim Rrahmani / Language(s): English Issue: 3/2018

Among many national minorities in Kosovo, there is one that is more protected and that enjoys more rights compared to the others. According to the Kosovo Constitution, The Republic of Kosovo is a multi-ethnic society consisting of Albanian and other Communities, governed democratically with full respect for the rule of law through its legislative, executive and judicial institutions. Based on this definition Kosovo is multi-ethnic which is composed of many communities but in practice one ethnic community is more equal compared to the others. It as an ethnic community appears to be the biggest obstacle for the future developments in Kosovo. The attitudes of this ethnic community for the state of Kosovo determines the Kosovo inner developments; it determines the relationships between Kosovo and Serbia and it could have some impact in the entire region of the Balkans. Using the combined methodology with method of historical analysis, method of legal analysis,method of comparison analysis, method of systemic analysis, the author will describe and explain the position of national communities known as minorities with the specific emphasis on the position of Serbian Minority in Kosovo according to the Kosovo legal system and the international law.

The Convention of the Hague of 2 July 2019 on the Recognition of Foreign Sentences: Approaches and Comments

Author(s): Dimitris Liakopoulos / Language(s): English Issue: 2/2019

The present work deals with the conference and the adoption of the Hague of 2 July 2019 not entry in force which is concentrated in the analysis of the recognition and execution of decisions of civil and commercial matters in the international private EU law.

Modification of the Competences incumbent on the Court of Auditors in regard to the Regulation Authorities – Limitation of the Supreme Audit Institution’s Authority or the Observance of the EU Law?

Author(s): Ionela-Alina Zorzoana / Language(s): English Issue: 2/2019

This study attempts in its first part an analysis of the competences incumbent on the Court of Auditors.The analysis shall start for the general competences of the audit institution provided in the normative deeds regulating its activity. In the second part, the study shall analyze the competences of the Court of Auditors in regard to the regulation authorities. We proposed ourselves this analysis having regard to the EU law that regulates the obligation of members states to warrant the functional and decisional independence of the regulation authorities corroborated with the legal amendments brought to the normative deeds from the domestic law on the organization and operation of such authorities, by limiting the competences of the Court of Auditors only on performing the financial audit.

ASYLUM PROCEEDINGS IN THE CZECH REPUBLIC DURING THE MIGRATION CRISIS

Author(s): Petr Černý / Language(s): English Issue: 39/2020

The article deals with the fundamental problems that emerged on the territory of the Czech Republic during the implementation of the asylum procedure throughout the migration crisis in the years 2015 to 2019. Problematic issues related primarily to the detention of migrant asylum seekers were identified by studying the key decisions of national and international courts. The first problematic point was the amendment to the Asylum Act, which required the courts to discontinue proceedings on the review of detention orders after the foreign national was released from detention. Due to the conflict with EU law and the impossibility to claim damages for unlawful detention, this amendment was finally annulled by the Constitutional Court. The second problem was that the factual conditions for asylum seekers in the EU Member State where the asylum seeker was to be transferred for the purpose of processing his/her asylum application, were not examined. In this regard, the situation had since been rectified and the administrative authorities and courts of the Czech Republic already take this aspect into account when deciding whether an asylum seeker detained on the territory of the Czech Republic is to be transferred to the country where he/she applied for asylum. The most serious problem is so far incomplete transposition of the Procedures Directive, in particular Article 46 of the Procedures Directive, which requires from the court to review the decisions on asylum in full jurisdiction and could possibly grant asylum itself. However, this requirement does not correspond to the concept and system of administrative courts in the Czech Republic and would require a significant and costly change. The last issue identified was the poor implementation of the Dublin III Regulation, involving not setting serious risk of absconding of an asylum seeker as a precondition for his/her detention directly in the law.

Agricultural Policy-Making by Using European Legal Acts

Author(s): Carmen-Mariana Diaconu / Language(s): English Issue: VIII/2020

This article, in the context of Romania being a member state of the European Union, aims to approach the European regulatory mechanism that has a direct impact upon public agricultural policies, area of shared competence between the Union and the Member States. There is a way in which the national state, through various decision-makers, can lobby in the area of shared competencies.

Digital identity

Author(s): Larisa-Antonia Capisizu / Language(s): English Issue: VIII/2020

Identifying a person in a society is an essential aspect of any functioning economy. The lack of effective ways to identify natural persons would make it impossible to establish relationships. The advent of the Internet has led to the need of adopting appropriate means of identification in the digital realm. Thus was born the idea of digital identity, a concept that has evolved over time from simple digital representations of real-world means of identification (eg, ID card scanning) to advanced methods of identification based on cryptography (eg, electronic signature). Recent technological advances consisting in the improvement of smartphones, the evolution of cryptography and the emergence of the blockchain have allowed the creation of a new framework for expressing digital identity, in the center of which is the user. This framework aims to change the current paradigm of "centralized" identity to a model of "decentralized" identity. Thus, new notions are outlined such as "decentralized" digital identity and even of a species of it, respectively the self-sovereign identity (SSI). This article explains these notions, as well as how they might work in the current European legislative context.

A XIII - A CONFERINŢĂ A REŢELEI NAŢIONALE DE JUDECĂTORI-COORDONATORI ÎN MATERIA DREPTULUI UNIUNII EUROPENE – EUROQUOD

Author(s): / Language(s): Romanian Issue: 3-4/2019

Znaczenie zasady wzajemnego zaufania w procesie tworzenia przestrzeni wolności, bezpieczeństwa i sprawiedliwości

Author(s): Ewa Kamarad / Language(s): English,Polish Issue: 01/2020

The purpose of the article is to discuss the importance of mutual trust between EU Member States, which is key to the process of European integration. Without mutual trust it would be impossible to create an Area of Freedom, Security and Justice (AFSJ), which in this aspect applies to both the legal systems and the justice systems of the Member States. Mutual trust allows to assume that the legal system of each Member State guarantees the same level of protection of individuals and that law enforcement bodies carry out their tasks equally effectively. However, the level of mutual trust is not constant - one can observe its slow and systematic growth, but its level may as well decrease, which has recently occurred in the case of relations between Poland and other Member States. This condition has an adverse effect on the functioning of the AFSJ and causes the occurrence of many practical problems, which are presented in the article. The legal order was determined based on the formal-dogmatic method and presented using the descriptive method. The case study method was used when presenting CJEU rulings.

Semibezpośredni udział obywateli Unii Europejskiej w stanowieniu prawa na poziomie ponadnarodowym.

Author(s): Izabela Wróbel / Language(s): English,Polish Issue: 01/2020

The European Citizens' Initiative as an element of participatory democracy in the EU has been in force for ten years, but thr Treaty provisions establishing it required the adoption of a secondary legislation -Regulation (EU) 211/2011 and Regulation (EU) 2019?788, which replaced it. Therefore, the history of using theis new instrument of covic participation at a supranational level is shorter. The subject of the article is an attempt to describe and assess the qualitative dimension of the new EU law institution, understood as an instrument for the participation of EU citizens in the supranational legislative process, on the example of the first four "successful initiatives". Unlike the European Commission, however, a successful initiative is defined as an initiative that has led to a normative change in the EU legal order.

European Union Foreign Policy and Diplomacy. News and Perspectives

Author(s): Titi Sultan / Language(s): English Issue: VIII/2020

The foreign policy of the European Union and its corresponding instrument of materialization – diplomacy, stands out, after more than half a century of existence and remarkable achievements, of special importance, as a notable segment in the field – unique and original, imposing- as results and as prestigious as possible – as an outfit, from the history so far of international relations between states. These relationships are already based on the evolution of complex and delicate situations, as well as rich accumulations of valuable experience, prestige and lessons learned during the millennium of existence and action by the most developed state formations that have ruled the world and have elaborated human history. Foreign policy and European Union diplomacy are a creation in the field of thought and wise action adorned by the realise, needs and prospects reached at the end of the second World War, but also drawn by the developments identified in post-war, the urgent need for society to economic, social development and welfare creation, and for the resolution of the issues dictated by the imperative of adapting and adapting to the interests that have been established in the modern, complex globalization society. The European Union's foreign policy is currently being conducted in full compliance with the need to ensure a climate of peace, security, development, and working together in solving the global problems we face, while taking advantage of the experience and prestige of the past, but also of what the European Union represents today in the world (a political and legal structure and a leading player covering the whole social sphere in its action, having a particular impact in international relations between States, and to which, for congruency reasons, it is only a suitable foreign policy and diplomacy, a remarkable one and one held as perceived and already recognized in the world). Foreign policy and European Union diplomacy are among the most constructive, effective and prestigious forms of participation in international life worldwide, and remain one of the most attractive pages in the history of international relations – not only as an experiment, but also as a result of the international relations. representing the action of a group of states that integrate into the European environment, but also as an achievement and model that is recom¬mended and necessary in the current international context.

Considerations concerning the offences against the financial interests of European Union

Author(s): Adina Maria Alexandra Popescu / Language(s): English Issue: VIII/2020

The European Union has as its operating principle the protection of financial interests and therefore updates and strengthens the fight against fraud and any criminal activity. The main objective is to ensure the protection of financial interests through criminal law, as well as their assimilation, cooperation and harmonization in all Member States through the anti-fraud strategy. The regulation of criminal acts is an attribute of the internal policy of each European state, but in all cases it is necessary to respect the general values imposed by the Community Statute. The term fraud is used generically for various illegal acts of a pronounced criminal nature and is therefore in some cases synonymous with a crime. At the same time, the detection and prevention of fraud is an objective that leads to any appropriate measures being taken to eliminate the occurrence of damage. In this framework of cooperation, Romania has adopted criminal law norms that sanction fraudulent actions related to the management of European funds and are part of the issue of modernizing the legislation to protect the financial interests of the European Union. The new European Directives require a new examination of the existing internal legal framework (Law No 78/2000) and its adaptation to the current strategy to combat any infringements of the rules of Community law.

Applicability of Article 9 of the Regulation (EU) 2016/679 on the Protection of personal sensitive data during COVID-19 pandemic

Author(s): Ana-Elena Iunker / Language(s): English Issue: VIII/2020

European Regulation 679/2016 imposes both rules and strict deadlines on both controllers and processors of personal data. The data subjects acquire new rights in the light of the normative act (eg the right to be forgotten, within legal limits, of course) and have a much greater control over data processing, especially when it is classified as "sensitive" (data related to health, for example). The balance of the relationship between the data subject and the controller should be fair and transparent, considering the huge flow of information that circulates in each field of our daily activities. But what happens when this balance is disturbed by emergencies that directly affect our health, either on a regional scale – epidemics, or globally – pandemics? To what extent does the Regulation achieve its purpose of protecting the rights of data subjects?

The evolution of regional development in Romania

Author(s): Aida Petcu / Language(s): English Issue: VIII/2020

Regional development policy is one of the most important and complex policies of the European Union, with its objective of reducing economic and social disparities between various regions of Europe, it acts on areas important for development, such as economic growth and the small and medium-sized enterprises sector, transport, agriculture, urban development, environmental protection, employment and training, education, gender equality, etc. A policy of solidarity at European level, it is mainly based on financial solidarity, part of the Community budget achieved through the contribution of the Member States is redistributed to less prosperous regions and social groups (regional development) in order to raise the level of development of regions within the various EU Member States to an average European standard.1 The evolution of regional development in Romania is an important element of analysis both for the period before joining the Union, as well as during the integration.

Some Reflections on 'Datafication': Data Governance and Legal Challenges

Author(s): Loredana Stanescu,Raluca Onufreiciuc / Language(s): English Issue: 1/2020

Data is considered to be the new fuel for a business growth. By the Data Strategy, the EU made a big step in designing a vision of how data governance can be integrated in organizations’ management and activity, in governments’ systems and, ultimately, in people’s (digital) life. Translating data into competitive business outcomes through digital innovation while ensuring the protection and security of individuals' (non-) personal information raises ethical and legal questions that we need to prepare to answer.

Auditul în era digitală – precauții pe un teren minat

Author(s): Dragos Ovidiu Tofan / Language(s): Romanian Issue: 3/2020

The digital revolution or the 4.0 wave of the Industrial Revolution is already an everyday reality that manifests itself in our lives through the Internet, Artificial Intelligence, mobile phones and creates a world hyper-connected with terabytes of information available at an unprecedented speed. Translating data into value or knowledge is a difficult task as the huge volume in which it is available to a large mass of users creates, in addition to opportunities, a number of risks. The intimate space of people is invaded, security breaches appear in information systems or in cloud, some jobs disappear, and so appears an urgent need for professional reorientation and consistent investments in IT&C. The digital transformation must not deviate from the initial role, namely support for the human factor with all that it entails: individuals, communities, organizations, policies, procedures etc. There is a growing need for regulation to cover the requirements of legality, ethics and morality that govern the complexity of human activities. The dilemmas related to the digitalization-legality tandem have not bypassed the audit profession, which is a strictly regulated field, perhaps even captive, in some regards, in standards that require an immediate review and correlation with the realities of today’s economy

Afacerea CF (C-430/19). Prima afacere românească în materia teoriei părții inocente

Author(s): Tudor Vidrean-Căpuşan / Language(s): Romanian Issue: 3/2020

The balance between the protection of good faith taxpayers and the protection of financial interests of the member states in the fight to prevent and combat the tax frauds represents the greatest challenge in the area of the right to deduct input VAT. In his case law, the ECJ has tackled the problem of VAT tax fraud since the 2000 as a result of the preliminary ruling from the western states members of the EU. After the extension wave to the East of the European Union, the ECJ received preliminary rulings from the new member states. CF represents the first the preliminary ruling from Romania that is added to the collection of decision delivered by the ECJ in the area of innocent taxpayer theory. As well, the CF preliminary ruling represents a signal that must produce effects in the Romanian tax law in this area of problems. The aim of the present article is to analyze the effects that will result after the CF preliminary ruling.

Impactul cauzei Terracult asupra practicii administrative

Author(s): Anda Diaconescu,Luciana Rainov / Language(s): Romanian Issue: 3/2020

On the 2nd of July 2020, the Judgement of the Court was published in the Case C-835/18 Terracult regarding the possibility of Invoice correction in certain transactions relating to a tax period that has already been the subject of a tax inspection and the application of the European Provisions. This case has to potential to bring about a change of unfavorable administrative practice.

Cauza C-242/19, CHEP Equipment Pooling NV, privind dreptul nerezidenților de a obține rambursarea TVA

Author(s): Corina Mureșan / Language(s): Romanian Issue: 3/2020

EY Romania in partnership with the tax litigation practice of Radu si Asociatii SPRL obtained a new important ruling from the Court of Justice of the European Union (CJEU) on the right of non-resident taxpayers to obtain the refund of VAT The CJEU confirms that the Romanian law infringes the European law on the right of non-resident taxpayers to obtain the VAT refund in Romania. This is the second favorable CJEU ruling obtained by the tax litigation practice of EY Romania, after C-441/16 SMS Group

Sinteza hotărârilor în materie fiscală pronunțate de Curtea de Justiție a Uniunii Europene în perioada mai - 5 iulie 2020

Author(s): Author Not Specified / Language(s): Romanian Issue: 3/2020

Summary of judgements on tax matters delivered by the Court of Justice of the European Union in May – 5th of July 2020