20 години Европейска социална харта в България

Author(s): Krassimira Sredkova / Language(s): Bulgarian Issue: 2/2020

The year 2020 marks the 20th anniversary of the ratification of the fundamental international European act on social rights – the European Social Charter. Unfortunately, this act is insuf fi - ciently valued in the Bulgarian legal system and its application. Because of that, an examination is made of the specifi cs of the structure, content and effect of this act as well as the control over its observance.

2007 – 2022: 15 ani de la aderarea României la Uniunea Europeană. Câteva repere

Author(s): Lucica-Violeta Niculae / Language(s): Romanian Issue: 1/2022

Romania's accession to the European Union was an epochal event, which changed the course of our country's history and evolution. In this article we have tried to recall some of the moments that have marked the way we have walked until 2007 and some of the achievements we are proud of. It is true that not all of Romania's expectations were fulfilled as we have hoped, but joining this community of states was the best of the options we had. The events at the border of the European Union in the last few days confirm once again that there is strength in unity and that Romania's choice to join the Union was the right one.

2015.-2025. – Europske integracije Bosne i Hercegovine

Author(s): Maja Rimac-Bjelobrk / Language(s): Bosnian Issue: 4/2017

U ovome broju objavljujemo prikaz panel-rasprave pod nazivom “2015.-2025. – Europske integracije Bosne i Hercegovine”, održane 20. 11. 2017. godine u organizaciji Vanjskopolitičke inicijative BiH na Fakultetu političkih nauka u Sarajevu.

2019 Alternative Report on the Application of Bosnia and Herzegovina for European Union Membership: Political Criteria

Author(s): Adrijana Hanušić-Bećirović,Aida Daguda,Dajana Cvjetković,Dalila Bašić,Dalio Sijah,Damir Dajanović,Danira Karović,Darko Pandurević,Dragana Dardić,Dražana Lepir,Leila Bičakčić,Lejla Arnaut,Maida Zagorac,Milena Mastalo,Mirna Buljugić,Mirsada Bajramović,Nidžara Ahmetašević,Radmila Žigić,Rasim Ibrahimagić,Rea Adilagić,Senka Kulenović,Sunita Dautbegović-Bošnjaković,Tijana Cvjetićanin,Uglješa Vuković,Una Telegrafčić,Vildana Džekman,Vladana Vasić,Zinaida Ibrahimović,Zlatan Hajlovac / Language(s): English Issue: 44/2019

The 2019 Alternative Report on the Application of Bosnia and Herzegovina for European Union Membership: Political Criteria is the result of the work of an informal coalition of forty (40) civil society organisations under the Initiative for Monitoring the European Integration of Bosnia and Herzegovina. The report primarily refers to the political criteria for EU membership, but also includes Special Reports on 2018 General Elections, the situation with respect to migrants and refugees in BiH, and on citizens’ protests in the Republika Srpska. In the European integration context, Bosnia and Herzegovina is constantly lagging behind other countries of the region and the lag is becoming evidently bigger with time. By the disorderly and untimely fulfilment of fundamental obligations in the European integration process, Bosnia and Herzegovina fails to demonstrate a true commitment to reform processes on the European path and for now keeps such a commitment at a declarative level. Three years have passed since the submission of the application for the membership of Bosnia and Herzegovina in the European Union, whereas three and a half years have passed since the Stabilisation and Association Agreement between Bosnia and Herzegovina and the European Union. From that time to the present day, Bosnia and Herzegovina did not manage to put in function all the bodies envisaged by the Agreement, as the Stabilisation and Association Parliamentary Committee has not yet adopted its Rules of Procedure. The process of answering the European Commission Questionnaire, presented to potential candidate countries, was only coming to an end in the time of the finalisation of this Report. The coordination mechanism, which was supposed to establish a functional decision-making process in the European integration, proved inefficient and remains equally non-transparent as the process of its establishment. [...]

2022 – E-factura, SAF-T, E-transport – priorități cu impact direct în colectarea TVA-ului

Author(s): Georgiana Iancu / Language(s): Romanian Issue: 1/2022

2022 has all the chances to be a “historic” one for indirect taxes, especially in the field of value added tax (VAT). Thus, this year seems to be one in which governments and tax authorities aim to make up for lost time and implement best practices on improving the level of VAT collection. The latest example: The European Commission has launched a public consultation process, which is expected to take the form of a draft legislative proposal in connection with its initiative, “VAT in the digital age”. It would, on one hand, increase transparency in digital reporting - through electronic invoicing, and, on the other hand, extend the single registration for VAT purposes. Eventually, the importance of indirect taxes for governments continues to grow, the pace of digitization is picking up speed, deficits are accelerating, and so must collection. What should companies pay attention to in 2022 regarding VAT?

21 priča o demokratiji

Author(s): / Language(s): Bosnian,Serbian,Montenegrine

Fondacija „Fridrih Ebert“ je njemačka politička fondacija koja baštini ideje bliske socijaldemokratiji, djeluje u međunarodnim okvirima, a cilj joj je doprinos međunarodnom razumijevanju, razvoju demokratije, društvene pravde i ekonomskog prosperiteta. Fondacija je devedesetih godina započela s aktivnostima na području jugoistočne Evrope, koje su u posljednjih nekoliko godina uključivale i Crnu Goru. Jedna od naših glavnih projektnih linija realizovana je u saradnji sa Centrom za građansko obrazovanje. Riječ je o Školi demokratije, koju smo podržavali tokom protekle dvije godine. Ponosni smo što za ovaj projekat postoji sve veće interesovanje, tako da su u ovoj godini uspješno realizovana dva kursa Škole. Smatramo da je to odlična inicijativa, koja pomaže mladim ljudima pripremajući ih za aktivnije učešće u razvoju države i društva. Upravo ovaj vid saradnje sa demokratskim institucijama doprinosi jačanju i proširivanju demokratskih sistema, a u cilju veće društvene pravde i ekonomskog prosperiteta. Materijali koji su napravljeni i korišćeni za vrijeme kurseva Škole demokratije odlično su pripremljeni i korisni, zbog čega želimo da omogućimo njihovu publikaciju i širu distribuciju. Ovo je drugi dio priručnika za Školu demokratije; nadamo se da će ga trajno koristiti polaznici ove škole, studenti, eksperti, političari i zapošljeni u državnom sektoru. Na ovaj način, Fondacija „Fridrih Ebert fondacija“ učestvuje u političkom razvoju Crne Gore. Želio bih da izrazim posebnu zahvalnost Centru za građansko obrazovanje i gospođici Daliborki Uljarević, koja je osmislila ovu ideju i preuzela težak zadatak koordinacije izrade i publikovanja priručnika.

3rd Network Conference Adaptation and Implementation of the EU -Acquis: an Exchange of Experiences

Author(s): / Language(s): English

6th Competition Law and Policy Conference in Memory of Dr. Vedran Šoljan – ‘Challenges to the Enforcement of Competition Rules in Central and Eastern Europe’ & ‘Competition Policy Enforcement in Digital Economy: Recent Developments’

Author(s): Vlatka Butorac Malnar,Jasminka Pecotić Kaufman / Language(s): English Issue: 22/2020

The 6th Competition Law and Policy Conference in Memory of Dr. Vedran Šoljan, co-organised by the University of Zagreb – Faculty of Economics and Business (EFZG), the Croatian Competition Agency (AZTN), the Croatian Competition Law and Policy Association (HDPPTN) and the European Documentation Centre EFZG, was held in Zagreb on 12–13 December 2019. A conference devoted to competition law and policy developments in Croatia, the wider CEE region and the EU as a whole, started off in 2009 as a small scale event aimed at presenting the results of an EU merger control reform project, led initially by Professor Vedran Šoljan (University of Zagreb), and continued on by Professor Jasminka Pecotić Kaufman (University of Zagreb) after his untimely death in 2008. Eventually, the Conference evolved into a large-scale event, and a tribute to the late Professor Šoljan, gathering around 150 participants from Croatia and abroad.

A 2019/1151. EU-irányelv átültetése a román nemzeti jogrendbe

Author(s): Tamás Szendrei / Language(s): Hungarian Issue: 1/2022

Directive (EU) 2019/1151 of the European Parliament and of the Council amending Directive (EU) 2017/1132 as regards the use of digital tools and processes in company law, which was adopted by the European Parliament on 20 June 2019 and entered into force on 31 July 2019 (hereinafter as: Directive), is the first of two directives in the company law package. Promoting the use of digital tools and processes is the main purpose of the Directive, which involves three main things, i.e. enabling: online filing and accessing of company information, the online formation of certain types of companies, and the online registration of branches.In Romania, the transposition deadline of the Directive has been extended to 1 August 2022, with the authorization of the European Commission. The recent legislative evolution in the field of company law within the Romanian national law gives cause for hope. However, a normative act aiming at the implementation of the Directive into Romanian legislation is still far from completion, so the transposition procedure remains to be an ongoing process. The legislative evolution of the Romanian company law is quite dynamic despite the significant delay in the transposition of the Directive.

A 70-a aniversare a Tratatului de la Paris la ceas de criză. Considerații asupra matricei convenționale primare a Uniunii Europene

Author(s): Cristina Alina Ciora / Language(s): Romanian Issue: 2/2022

The 70th legal anniversary of the European Union provides an opportunity to reflect on the Treaty establishing the European Coal and Steel Community with a view to identifying the elements that contributed to the success of the first European Community and the conventional lessons that may be useful for the present. By comparing the crises of 70 years ago with the crises of today, the conceptual incidence of the term „crisis” in the Treaty of Paris and the Treaty on the Functioning of the European Union, as well as the legal nature of the two legal instruments, the paper also tries to identify factors that might explain the current European Union's flaws in times of unprecedented crises.

A bevándorláspolitikák kihívásai és újragondolási lehetőségei az Európai Unióban

Author(s): Ákos Bocskor / Language(s): Hungarian Issue: 3/2017

Review of: Annette Jünemann, Nikolas Scherer & Nicolas Fromm (eds): “Fortress Europe? Challenges and Failures of Migration and Asylum Policies.”; Springer, 2017. New York, Berlin, Heidelberg. vii + 188 pp. ISBN: 978-3-658-17011-1

A bologna piramis - A felsőoktatási menedzserizmus megjelenése európai és globális szinten

Author(s): Ildikó Hrubos / Language(s): Hungarian Issue: 4/2011

Managerialism, which has appeared in parallel with the massification of higher education and with increases in financial difficulties, now has an international dimension in the European Higher Education Area (EHEA). European organizations handling it (partly via the European Union, partly with EHEA jurisdiction) have been formed along with their administrative and academic-type governing boards; also, there are complex mechanisms for consulting with stakeholders. While the struggle between national governments and among autonomous institutions is a well-known phenomenon, transnational (European) organizations are now having to fight with autonomous member states, more precisely with members of a loose alliance (EFT).

A Bottom-up Discursive Approach to Genetically Modified Organisms

Author(s): Camelia-Mihaela Cmeciu / Language(s): English Issue: 11/2017

The debate on genetically modified foods has been characterized by a heteroglosia of voices, ranging from experts, authorities, to scholars, community organizations, media, or consumers. Within such a context where there have been observed various food safety scares over the past decades or some public ignorance regarding the use of biotechnology related to food issues, the Debating Europe platform launched debates on arguments for and against GMOs. Thus citizens turn into prosumers of content regarding food safety and (de)legitimators of EU policies and/or other social institutions. In our study of the comments posted by e-citizens on four debates on GM foods launched on the Debating Europe platform, we will use framing theory (Goffman, 1974; Entman, 1993; Wynne, 2001; Cook et al., 2004) and the Integrated Crisis Mapping Model (Jin et al., 2012) for negative emotions and Plutchik’s wheel of emotions (2001) for positive emotions to determine the salience of (de)legitimating frames employed by the supporters and opponents of GM foods, and to examine the role of affective stance in the evaluation of the social actors related to GMOs. Using QDA miner and WordStat, computer assisted qualitative data analysis softwares, we will conduct a content, cluster and correspondence analysis of the (de)legitimating frames and emotion valences. Whereas the content analysis provides an insight into the frequency of frames used by e-debaters and into the key lexical items that express evaluation and affective stance related to GM foods, the explorative analyses reveal the types of (sub)clusters which prevail in the e-debaters’ comments on GM foods. The findings of this study suggest that e-citizens mainly perceive the issue of GMO through a political frame associated with anger and a health frame associated with fright.

A BRIEF INSIGHT INTO THE DEVELOPMENT OF THE CONCEPT OF ASSOCIATION AT THE LEVEL OF THE PUBLIC ADMINISTRATION

Author(s): Gabriel Necula / Language(s): English Issue: XXI/2022

In the context of today's society, in which the dynamism of daily life, complemented by the marked technological progress, requires a permanent updating of all the components of daily human activities, the concept of association for the better management of resources is a solution that must be approached with the utmost responsibility. At the same time, the current legal framework governing the organisation and functioning of local public administration authorities needs to be adapted to socio economic realities and the complexity and dynamics of activities related to the provision of essential public services for citizens, to apply the principle of subsidiarity enshrined in both the Treaty on European Union and the Charter of Local Self Government.

A BRIEF OVERVIEW ON THE HISTORICAL BEGINNINGS OF HEALTH LAW IN THE BROADER CONTEXT OF PRIVATE LAW

Author(s): Marius-Ioan Floare / Language(s): English Issue: 4/2019

Health law and its issues could seem to be just a contemporary problem, with a history going back no more than a century. However, the history of law and especially the history of private law can give us new insights into how traditional institutions such as torts, contracts, liability, consent, the status of persons and property have been drafted in and recomposed in this framework, together with borrowings from public law, to achieve this contemporary eclectic discipline.Because the contemporary Romanian private law is tributary to the mid-19th century transplant from the French Civil Code of 1804, we will use the historical method to examine how the traces of modern-day health law can be found in much older private law institutions. We will examine this evolution in a Western European context because, ever since the Roman times and up until the 19th century civil codes, this area has been the cradle of private law and its relevance overcomes the geographical boundaries and spreads to all the countries that have ever adopted a Western European-inspired civil code.

A Commentary to Commission Implementing Regulation (EU) 2021/1079 of 24 June 2021 Laying Down Detailed Rules for Implementing Certain Provisions of Regulation (EU) 2019/880 of the European Parliament and of the Council on the Introduction and the Imp

Author(s): Giuditta Giardini / Language(s): English Issue: 2/2021

Regulation (EU) 2019/880 of the European Parliament and of the Council assigned implementing powers to the European Commission to adopt uniform provisions for effectively enforcing new rules on the import of cultural goods. The present commentary navigates the text of the Commission Implementing Regulation (EU) 2021/1079 of 24 June 2021 (“Implementing Regulation”), adopted to ensure the uniform implementation of the said import legislation by the Member States. The text of the Committee’s instrument sets up exemptions from the documentation requirements for certain categories of goods; contains detailed provisions on import licenses and statements; and establishes rules for the electronic system for the import of cultural goods. The ambitious provisions of the Implementing Regulation raise some important questions, e.g. whether the electronic system will facilitate the work of custom agents or engulf it; or whether national export offices and legislative bodies will step up to the challenge and quickly adapt to the new system and new rules.

A COMPARATIVE ANALYSIS OF INFORMED CONSENT LEGISLATION IN UKRAINIAN AND LATVIAN LEGISLATION AND CASE LAW

Author(s): Anatoliy A. Lytvynenko,Iryna Ya. Senyuta,Tatjana I. Jurkeviča,Volodymyr S. Makarchuk / Language(s): English Issue: 2/2022

Informed consent is one of the key principles in safeguarding human rights in the sphere of healthcare. It presupposes the expression of the patient’s free will relating to his medical examinations, treatment and diagnostic procedures, as well as the physician’s duty to inform the patient on the forthcoming medical interventions, including the facts regarding the potential risks of these medical interventions. This principle is one of the elements of contemporary medical law, which has marked the transfer from paternalistic medicine to a modern model of medicine, where the patient is an active participant in the process of medical treatment. In this paper, the authors illustrate the legal aspects of safeguarding the patient’s right to informed consent in the legislation and legal practices of Ukraine and the Republic of Latvia. The institute of informed consent, which needs to be safeguarded, as a key element of the legitimacy of a medical intervention (such as surgery, or vaccination), requires a specific form of fulfillment, which is conducted in writing. A medical intervention, excluding cases of emergency, is legitimate only when the consent of the patient is provided; unconsented medical interventions frequently cause lawsuits, where plaintiffs seek to recover damages for performance of a medical intervention without their informed consent. The authors have highlighted these issues while commenting on the recent case law of the Supreme Court of Ukraine and the Supreme Court of the Republic of Latvia.

A Comparative analysis of Public Service innovation and Reform in several European states

Author(s): Cristina Patrascu / Language(s): English Issue: 2-Suppl/2018

Innovation and reform of the public service has become one of the fundamental topics debated more and more often by researchers, professionals and political people alike. The importance of this subject comes from the necessity of a continuous adaptation of public administration and its services to the citizens’ needs and demands. Public administrations all over Europe have tried to accomplish their tasks in the domain of public service, but have encountered serious challenges in solving societal needs.Considering the global and national context in which member states of the European Union have made efforts to ensure the delivery of public services, the present article intends to offer an analysis of the various ways and solutions applied in the reform of the public service by several European states, and of the role played by innovation in this domain. The analysis will be made against the background represented by the juridical regime of public service established by both the European law and the law of the states under study.

A Comparative Analysis of the 2011 EU Directive on Human Trafficking, as Compared to the UN Palermo Protocol and the Council of Europe Convention

Author(s): Anca Iuhas / Language(s): English Issue: LXI/2022

This article will analyse the three most important documents tackling the issue of human trafficking at international and regional level: the United Nations Palermo Protocol (2000), the Council of Europe Convention (2005) and the EU Directive (2011), as well as the different paradigms and approaches they adopt in order to cover the most important aspects of anti trafficking – prevention, prosecution, protection and partnerships (the 4P strategy). Similarities and differences between these three documents will be closely analysed, as well as advantages and disadvantages they engender for victims of human trafficking from a human rights perspective.

A comparative assessment of the agency concept, with special regard to the Romanian approach

Author(s): Ioan Schiau / Language(s): English Issue: 2/2021

The concept of agency was developed and refined in the common law system and, thereafter, imported in the continental civil law system where was confronted with the classic institution of the mandate, based on the representation principle. The modern context of the commerce globalisation and the need to assimilate legal instruments that are often used in the international trade, determined the global and European lawmakers to seek a proper harmonised regulation for the agency contract. Romania produced a first regulation of agency through Law 509/2002 regarding the permanent commercial agents and, thereafter, continued the process through the incorporation of the subject in the Civil Code. This paper examines the conformity of the European and Romanian regulations regarding the agency with the initial concept that, purportedly, inspired the afore said lawmakers.