A hagyaték átadása – az öröklési bizonyítvány a román Polgári törvénykönyv és az Európai Parlament és Tanács 650/2012/EU-rendelete tükrében

Author(s): Gabriella Eleonóra Bonyhai / Language(s): Hungarian / Issue: 2/2021

Regulation (EU) No 650/2012 of the European Parliament and of the Council in matters of succession is based on the principles of uniformity and predictability. The succession procedure should be governed by a single statutory provision in each Member State, uniformly with regard to all types of property, in terms of quality of succession, provisions on the opening and place of the succession, ineligibility for inheritance, survivor’s rights. The harmonization that has begun runs counter to the different national laws and regulations of the Member States, which will only be possible to approximate over time, but uniform rules would significantly facilitate and resolve the legal problems that arise in succession proceedings.

A HISTORICAL PERSPECTIVE ON THE CRIMINALIZATION OF OMISSION IN CRIMINAL LAW

Author(s): Carmen Adriana Domocoş / Language(s): English / Issue: 02/2018

Legal thinking with regard to omission has evolved over time, and, for a long time, inaction was not criminalized in the same way as action. The Romanian Criminal Code of 2009 regulates for the first time in our legislation the principles of liability for omissive acts and situations in which there is criminal liability for an act committed by omission, in a similar way to other European criminal codes.

A Historical Study of Contemporary Human Rights: Deviation or Extinction?

Author(s): Tanel Kerikmäe,Ondrej Hamuľák,Archil Chochia / Language(s): English / Issue: 2/2016

Human rights is a core issue of continuing political, legal and economic relevance. The current article discusses the historical perceptions of the very essence of human rights standards and poses the question whether the Realpolitik of the changed world and Europe can justify the deviation from the “purist” approach to human rights. The EU Charter, as the most eminent and contemporary “bill of rights”, is chosen as an example of the divergence from “traditional values”. The article does not offer solutions but rather focuses on the expansive development in the doctrinal approach of interpreting human rights that has not been conceptually agreed upon by historians, philosophers and legal scholars.

A kisebbségek védelme az olasz–horvát és az olasz–szlovén kétoldalú kapcsolatokban

Author(s): Balázs Vizi / Language(s): Hungarian / Issue: 4/2017

Following the collapse of Yugoslavia, the situation of Italian minorities living in successor states raised great concerns in Italy. This article offers an overview of the evolution of bilateral minority protection instruments between Italy and Croatia, Slovenia respectively. New treaties and initiatives emerged in the 1990s in this regard strongly build on the post- WWII international legal arrangements concerning the situation of minorities. The analysis of the relevant treaty provisions in a broader political and historical context leads to the conclusion that from the 1990s bilateral minority protection agreements rather reflect a political commitment than a set of strict normative obligations.

A külhoni magyarok nyelvi diszkriminációja az Unióban

Az EU közszolgálati törvényszékének ítélete a román bővítéssel összefüggésben szervezett versenyvizottságról

Author(s): Petra Lea Láncos / Language(s): Hungarian / Issue: 1/2016

The present article gives a critical account of the European General Court's judgment in the B.A. vs. Commission case. B.A., a Hungarian and Romanian dual citizen sought the annulment of the decision of European Personnel Selection Office (EPSO) which denied her the right to sit for the competition in her native language, Hungarian and refused to admit her to the oral test after she failed the test in Romanian. B.A. claimed that she had been afforded unequal treatment, since the fact that she was precluded from writing the test in Hungarian “placed her, on an objective view, at a disadvantage compared with her fellow citizens who had received their school and university education in Romanian.” The case and the arguments put forward by the parties provide a clear insight into the ambiguities surrounding the EU language regime as well as the difficulties faced by minorities whose mother tongue is both an official language of the EU and a minority language with no official recognition in the Member State in which it is spoken.

A magyar törvények és az Európai Unió (2006-2014)

Author(s): Beáta Biró-Nink,Eszter Galgóczi / Language(s): Hungarian / Issue: 3/2018

This paper examines the policy aspects of Europeanization in the Hungarian Parliament. By analyzing all laws adopted in the Hungarian Parliament between 2006 and 2014, we demonstrate the extent to which Eu level policy decisions and recommendations have influenced law-making in Hungary. The comparison of the 2006–2010 and 2010–2014 parliamentary terms shows that the changes in governmental attitudes towards the European union are not reflected in the law-making of the Hungarian Parliament. The Hungarian case suggests that there might be a gap between Eurosceptic rhetoric and legislative actions, as there is very little difference between the pro-Eu socialist governments of 2006-2010 and the Eurosceptic orbán government of 2010–2014 in terms of the proportion of laws of European origin that are adopted in parliament (36 and 34 percent, respectively). Moreover, the Europeanization of law-making has not been limited to the transposition of legally binding Eu acts: the proportion of proactively adopted Europeanized laws did not decrease under the orbán government, and even in those policy areas where the Eu exercises only supporting competences, the influence of Eu level decisions and recommendations did not decrease between 2006-2010 and 2010-2014. The length of the legislative process for Europeanized laws was always longer during the two terms than the number of days required to pass other laws, but this difference further increased under the orbán government (while the general speed of law-making was significantly faster after 2010). It can be concluded that the Europeanization of Hungarian public policy did not stop after orbán and his Fidesz party came to power in 2010, and regardless of the governments’ attitudes towards the Eu, adaptation to the European public policy context also exists in those policy areas where it is not compulsory.

A Minority SafePack európai polgári kezdeményezés és a magyarországi aláírásgyűjtés tapasztalatai

Author(s): Balázs Tárnok / Language(s): Hungarian / Issue: 2/2019

In the spring of 2017, the organizers of the Minority SafePack European Citizens’ Initiative successfully challenged the European Commission’s decision from 2013 refusing the registration of the initiative at the Court of Justice of the European Union. After the historic success of the organizers at the General Court, in April 2017 the Commission registered the initiative, and thus, the one-year signature collection period started. One year later the organizers revealed the success of the initiative, as 1.3 million signatures were collected to protect the rights of autochthonous national minorities in the European Union. Hungary made huge contribution to the success of the initiative providing half of the signatures collected in the EU, and approximately one million Hungarians supported the initiative in the Carpathian Basin. The author summarizes the most important information about the European Citizens’ Initiative and the Minority SafePack Initiative, giving an insight into the signature collection campaign of the initiative in Hungary, in which he has also played a leading role.

A nemzeti kisebbségi jogok biztosításának alakulása Romániában 1918–2018, avagy „A gyulafehérvári ígéretek megtagadásától a Minority SafePack ellenzéséig – 100 év romániai kisebbségjogi történet”

Author(s): Gyula Fábián / Language(s): Hungarian / Issue: 2/2018

The question of the situation of national minorities, and implicitly the status of the Hungarian minority are of continued timeliness in the Romanian legal environment. These questions are all the timelier in the year 2018, in the period of the 100-year anniversary of the formation of Greater-Romania. This writing attempts to present the evolution of the main questions of the legal regulation of minority rights in Romania and the answers given to those questions. The legal regime of minority rights proposed on the level of promises on principle at Alba-Iulia in 1918 is presented, as is the history of partial fulfilment and lack of fulfilment of these promises. The environment of legal regulations which constituted the foundation for the policy of assimilation during the inter-war period is presented, as is the detente following the Second World War, the short-term widening of minority rights, the ephemeral territorial autonomy granted to the Hungarian minority followed by the revitalization of oppressive regulation with the aim of assimilation. After the regime change of 1989 the question of minority rights regulation took a new turn in the context of Euro-Atlantic integration which however was not sufficient for the resolution of the situation of national minorities in Romania in a European spirit. The author demonstrates with demographic data the effects of the insufficiencies of minority law on the composition of the population according to different nationalities. As a conclusion it is stated that the regulation of minority rights shows a cyclical oscillation in the course of which the Romanian state, primarily as a response to international pressure, and always reluctantly is willing to improve on the situation of national minorities by means of legislation, while avoiding ensuring collective rights.

A NEW BALKAN STATE IN THE EUROPEAN UNION: CROATIA

Author(s): Gabriela-Alexandra Oanţă / Language(s): English / Issue: III/2015

This article addresses the process of Croatia’s accession to the European Union. It is divided into two main parts. The first part presents the negotiations, the intense moments, the concessions, the difficulties and the progress referred to the accession of Croatia to the European Union. In the second part, the issues regarding the Treaty of Accession of Croatia to the European Union and, within it, the issues related to the transitional measures, the safeguard clauses, the institutional and financial arrangements will be examined. In short, it is to analyze to what extent this accession is a real step forward in the deepening of the European Union’s enlargement towards the Western Balkans.

A New Chapter in the EU Counterterrorism Policy? The Main Changes Introduced by the Directive 2017/541 on Combating Terrorism

Author(s): Justyna Maliszewska-­Nienartowicz / Language(s): English / Issue: 37/2017

Taking into account that terrorism has grown in recent years, the EU institutions decided to update the legal framework which provides for fighting this phenomenon. Consequently, the Council Framework Decision 2002/475/JHA was replaced by the EU Directive 2017/541 of the European Parliament and of the Council on combating terrorism, which should be implemented by the Member States by 8 September 2018. This new act contains a long list of terrorist offences, offences related to a terrorist group, and offences related to terrorist activities. It also stipulates penal sanctions for terrorist offences and provides measures of protection, support and assistance for terrorism victims. This article is a commentary on these groups of provisions and compares them to the previously binding ones. Thus, it indicates the legal changes introduced by the Directive which have to be taken into account by the Member States while implementing it. The comparison of these new provisions with the previously binding ones is also helpful in answering the question posed in the title: Can the Directive 2017/541 be treated as a new chapter in combating terrorism by the European Union?

A New European Policy on Legal Migration - Enhancing Legal Pathways to Europe

Author(s): Eleodor Pîrvu / Language(s): English / Issue: 02/2019

Establishing safe and legal pathways of admission to complement resettlement programmes is therefore an essential step towards securing a meaningful response to the current unprecedented global displacement situation. The need to provide increased and complementary pathways for refugee admission is reflected in the New York Declaration for Refugees and Migrants, which was adopted by all 193 Member States of the United Nations at the UN General Assembly in September 2016. Countries, including the Member States of the European Union, expressed their intention to “expand the number and range of legal pathways available for refugees to be admitted to or resettled in third countries.” The article will present the implications of the EU-Commission’s proposal for seeking protection in the EU and will research about resettlement as a protective tool and durable solution for refugees. Answers to the actual position of the EU governments towards new policy proposal and what is the future for admission programmes to EU will be analyzed.

A Partial Overview of the Data Subjects’ Control Over Their Personal Data under the General Data Protection Regulation

Author(s): Maria-Magdalena Bârsan / Language(s): English / Issue: 2/2018

The legal framework on data protection was updated recently bythe Regulation (EU) 2016/679 of the European Parliament and of the Councilof 27 April 2016 on the protection of natural persons with regard to theprocessing of personal data and on the free movement of such data.According to this new regulation natural persons should have control of theirown personal data. As such, the effective protection of personal datathroughout the Union required the strengthening and setting out in detail ofthe rights of data subjects. In view of the novel legal framework, this articleaims to explore some of the data subjects' main rights as to the control overthe processing of their personal data.

A Perspective on Online Donations in the Election Campaign

Author(s): Mihai Lupu / Language(s): English / Issue: 3-4/2019

The online donations, a payment method that has become commonplace in contemporary society, can raise a bunch of problems referring to the electoral campain. The online platform can be managed by an association or a company, both legally constituted as legal entities. The administration involves costs to be covered by commissions. The impediment is the fact that donations to candidates in elections can be made only by natural persons, the donations of legal persons being expressly prohibited by law. The donations being collected by the legal entity, through the platform, the amounts will be transferred to the candidate / financial agent's account by the association. Thus, the competent authority to verify the legality and, possibly, to reimburse the expenses, can draw the conclusion, considering that the law does not expressly regulate this situation, that the donations were made by the legal person and not by the natural persons. But I should point out that there are a number of consequences: non-reimbursement of expenses, contravention liability of the one who received the donations, confiscation of the amounts received as a donation and spent in the election campaign.The aim of this paper is to confirm the lawfulness of online donations for a certain candidate or political party

A piacra lépés feltételei a romániai és uniós tőkepiaci szabályozásokban

Author(s): Zsolt Fegyveresi / Language(s): Hungarian / Issue: 2/2015

The regulation of the capital market is of special importance on national and also EU level. The unified regulation of the capital market is designed to ensure fair business practices and fairness and transparency in regulated market operations. My study aims the description of the entry conditions in the light of Romanian and EU capital market regulations.

A quest for consistency in the law of commercial agency. Loss of the right to remuneration in Polish and European law

Author(s): Piotr Sitnik / Language(s): English / Issue: 71/2017

In a recent judgment in ERGO Poist’ovňa, a.s. v Alžbeta Barlíková, the Court of Justice of the European Union attempted to clarify the ambit of Article 11 of Council Directive of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents, that is the circumstances where a commercial agent’s right to remuneration may be extinguished should a negotiated transaction not be executed between the principal and the client. Notably, the Court held that in the event of even partial non-execution of a negotiated contract between the principal and the third party client, provided it happened due to no fault on the part of the principal, the agent’s right to commission is proportionately extinguished. The paper discusses the judgment in the light of previous CJEU case law and the Polish transposition of the said European standards with a view to finding any potential divergences between the two. The paper notes two problems. First, Polish law, as opposed to Slovak law, does not recognize an automatic termination of an insurance contract in the event of default on the part of the customer. Conversely, whether such an effect eventuates is left to contractual discretion of the parties. Second, Polish courts have been recently willing to substitute unjust enrichment for contractual liability even where, it appears, complainants have valid claims under Article 7614 of the Civil Code.

A Regional Approach to Rural Development? Regional and Rural Programmes in Poland 2007–2015

Author(s): Paweł Chmieliński,Marcin Gospodarowicz / Language(s): English / Issue: 4/2018

We explore the role of structural factors (i.e. place-based characteristics) inshaping EU policy. Our analysis covered the real expenditure of funds for individualpriority axes in the programmes of both policies in the 2007-2015 period (accordingto N+2 rule) and the change in socio-economic features at the local (powiat, NUTS4)level. The Pearson correlation coefficient was used to assess the relationship betweenthe level of per capita expenditure on RDP (rural development programmes) and ROP(regional operational programmes) and selected indicators describing the level of economic,social and demographic development of local government units. We show that in 2007-2013 rural and regional policy instruments were complementary, but also strongly relatedto the characteristics of the region (such as size, population, farmland) and therefore requiregreater adaptation to development opportunities and limitations. We suggest that thereshould be a more a place-based approach in future rural policy design and implementation.

A Resolution in the Spanish Banking Sector: The Case of Banco Popular Español

Author(s): Magdalena Kozińska / Language(s): English / Issue: 6/2018

The restructuring of Banco Popular Español (BPE) through its takeover by Banco Santander provided a valuable example of the first resolution framework application, which allowed for the assessment of its effectiveness. However, similar crisis tools were also utilised in the Spanish banking sector in 2008–2013. Their analysis may provide a valuable contribution to the issue of selecting the most appropriate resolution tools for banks, which can be utilised by Spain and other EU countries when further restructuring their respective banking sectors or managing crises. The aim of this article is to evaluate the effectiveness of the BPE resolution. Additionally, other examples of the application of the “sale of business” tool from the Spanish banking crisis of 2008–2013 were assessed. The conclusions were then used to assess the possible application of similar tools at other banks in Spain and other European countries.

A SHORT REVIEW OF TRANSLATION ERRORS IN LEGAL LANGUAGE

Author(s): Marina-Cristiana Rotaru / Language(s): English / Issue: 2/2020

The purpose of this paper is to give a short review of some of the most common errors in legal translation, namely terminological and grammatical errors. The analysis focuses on short texts translated from Romanian into English by students enrolled in a translation programme who have just had their first contact with specialized legal texts. The paper also aims to identify the causes of such errors and, if possible, suggest a few practical solutions to these translation problems. The motivation for the case-study method in our analysis is to raise students’ awareness about the specific nature of legal language by starting from an examination of their own use of language.

A STATUTORY MODEL OF TRADE UNIONS AT THE EMPLOYER LEVEL IN POLAND

Author(s): ŁAGA Maciej / Language(s): English / Issue: 1/2018

The paper describes a statutory model of trade unions at the employer level inPoland. Freedom of associacion guaranteed in ILO Convention No. 87 includesfreedom to establish union structures. However, the Polish legislator enforces Polishtrade unions to establish so-called ’works union organizations’ at the employer level.Trade unions which does not establish a ’works union organization’, exercisepractically no rights of workers’ represenation at the employer level. In effect Polishlaw is a significant obstacle to development of trade unions in contemporary Poland

A STAY OF INDIVIDUAL ENFORCEMENT ACTIONS AS A BASIS FOR EFFECTIVE RESTRUCTURING PROCEEDINGS

Author(s): Remigijus Jokubauskas,Marek Świerczyński,Audronė Balsiukienė / Language(s): English / Issue: 1/2021

This article focuses on the implementation of a stay of individual enforcement actions in corporate restructuring proceedings. The authors analyse the general goals of a stay of individual enforcement actions in restructuring proceedings by considering, for instance, the economic reasons for such a stay, when it should be applicable, and the exceptions that should be established for its application. The Directive on restructuring and insolvency, adopted on 20 June 2019, reforms the regulation of a stay of individual enforcement actions in Member States of the European Union, aims to increase the efficiency of restructuring proceedings by providing legal instruments to facilitate a debtor’s negotiation of a restructuring plan, and provides certain rules as to how a debtor’s assets should be protected during these negotiations. Namely, a stay of individual enforcement actions and the protection of essential executory contracts should protect a debtor and ensure the equality of all creditors (pari passu) during the negotiation of a restructuring plan. However, in practice these goals result in less protection – especially for ordinary creditors. The authors analyse which aspects of a stay of individual enforcement actions are harmonized under the Directive on restructuring and insolvency, and whether they are sufficient to ensure the effective negotiation of a restructuring plan. Nevertheless, a fair balance between the interests of the debtor and their creditors should be ensured in restructuring proceedings, and the authors assess whether or not such a balance is established.