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At the international level, the subject of human rights defenders has grown. The European Union's human rights guidelines provide practical guidance to EU representatives around the world, one of the main being - the protection of human rights defenders. Parliament's resolutions aim to raise public awareness of human rights violations, support human rights defenders and shape EU human rights policy through concrete policy proposals.
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The timeliness of the subject is due to the interest shown in knowledge of the European and national legislative framework in bioethical research. The European and national legislative framework for bioethical research is clarified in this Article, and the biophysical issues are classified into domestic legislation. It also assesses certain rules and legal regulations contained in the Treaties drawn up by the European institutions, which aim at establishing and operating best the Community institutions on bioethics and which are useful for the national legislative framework.
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The study represents the analysis of the legal support for the creation and functioning of the European Union and offers the possibility to know its structure, contributing to the definition and understanding of the objectives of the Maastricht and Amsterdam Treaties on the organization and functioning of the European Union. Nice and the Convention on the Future of Europe and providing information on the new system of organization and functioning of the Union in the light of the provisions of the Treaty of Lisbon.
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The United Kingdom’s withdrawal from the European Union in early 2020 brought new changes and challenges concerning also the heavy conventional weapons trade. Both the UK and the EU now have an opportunity to strengthen their position in the global conventional arms trade and revise territorial structures of their defence industries. The author attempts to analyse the positions of the United Kingdom and the European Union in the global heavy conventional arms trade over the past five years and to outline their future prospects after Brexit. The main source of the paper comes from quantitative data available in world databases monitoring conventional arms transfers as well as the UK’s new defence strategy.
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Duplicate behavior is the behavioral manifestation of trying to provoke, imitate, or exaggerate some behavioral deviations in order to evade certain social obligations. This type of behavior differs from the desirable social response to certain societal challenges. The risk of duplicate behavior lies in the high rate of replicability, especially among adolescents. In the context of European values (respect for human dignity, freedom, democracy, equality, the rule of law, respect for the rights of persons belonging to minorities) it is important to identify the types of duplicate behavior, the symptoms of duplicate behavior specific to individual’s protection of human rights against persons with such conduct.
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The research of the European regionalization process is to be carried out including from the perspective of classical positivism and legislative and institutional analysis based on the methodological principle of the theoretical approach. The master directions of the study reside in the analysis of the specifics of European regionalization, the formation of regions within the member states of the European Union, the so-called internal regionalization, as well as the analysis of the formation of cross-border European regions. The mentioned processes will be elucidated through the prism of the formation of the normative base, the application of the principle of subsidiarity, the building of European institutions specialized in the building, consolidation and proliferation of European regionalism.
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This article discusses the legal aspects and analytical considerations on building relationships between the European Union (EU) and international intergovernmental organizations (IIO). The European Union today is a major interstate association, as well as the largest supplier of goods and services at the global level. However, this does not exclude the interaction of the EU with various international organizations. In the process of narration, different forms and criteria for EU participation in the IIO are defined. The article considers the role of the external competence of the European Union on the example of building relationships with such international organizations as the United Nations (UN), the International Labor Organization (ILO), the World Trade Organization (WTO) and the World Intellectual Property Organization ( WIPO) and many others.
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The article focuses on the issue of access to experimental therapy under the Convention for the Protection of Human Rights and Fundamental Freedoms, and more specifically in the case law of the European Court of Human Rights. To date, this issue has been the subject of three cases decided by the Court. In none of these cases the Court has recognized a right to experimental therapy. The article has two main research objectives. The first is to reconstruct the arguments for the validity of the right to experimental therapy provided by the applicants in the cases considered by the Court. The second objective is to assess these arguments, as well as their criticism that might be found in Court’s decisions.
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The economic development of a state is impossible without ensuring a favorable investment climate, without ensuring non-discriminatory conditions for conducting business, including by ensuring fair competition between entrepreneurs and commercial companies. The Association Agreement between the Republic of Moldova and the EU states that "The Parties recognize the importance of free and undistorted competition in their commercial relations. The parties recognize that anti-competitive business practices are likely to distort the proper functioning of markets and reduce the benefits of trade liberalization." Starting from the assumed obligations, including the requirements regarding the harmonization of national legislation, in 2012 the parliament of the Republic of Moldova elaborated and adopted the new competition law no. 183/2012, the normative act invoked being, at that stage, an absolutely innovative one, succeeding a series of previous normative acts intended to regulate relations in the field of competition. The provisions of the analyzed law establish new approaches and attitudes, including principles, procedures and mechanisms, taking over the provisions of articles 101-106 of the Treaty on the Functioning of the European Union (TFEU). The law establishes the legal framework for the protection of competition, including the prevention and countering of anti-competitive practices and unfair competition, the realization of economic concentrations on the market, establishes the legal framework regarding the activity and competence of the Competition Council and the responsibility for the violation of the legislation in the field of competition. The main purpose of competition policies is to prevent companies from committing anti-competitive acts. Following this objective, most of the member states of the European Union have allocated powers to the national competition authorities/agencies in order to achieve two main objectives: ensuring the dissuasive effect of sanctions in order to prevent the commission of anti-competitive acts and taking the necessary measures in order to stop them. Our legislator took over the same positive practices adopted at the EU level and in the Competition Law regulated Leniency in art. 84. The article is dedicated to the analysis of the main provisions aimed at the leniency policy applicable in the Republic of Moldova, revealing the essence of this institution, the author also coming with some conclusions derived from the analysis of the national anti-competitive and criminal legislation.
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As a country aspiring to join the European Union, Moldova has been working towards the harmonization of its criminal justice standards and laws with those of the EU. This involves aligning its legal framework with the EU acquis communautaire, which is the body of EU law that all member states must comply with. One of the main objectives of this harmonization process is to improve the efficiency and effectiveness of the Moldovan criminal justice system, as well as to enhance its capacity to fight against cross-border crime and other forms of transnational organized crime. To achieve this, Moldova has implemented a number of reforms aimed at improving its criminal justice institutions and processes, including the adoption of new laws and regulations that are in line with EU standards and practices. In addition, Moldova has also established closer cooperation with other EU countries, both through bilateral agreements and through its participation in EU-wide initiatives such as Eurojust and the European Public Prosecutor's Office. This cooperation allows for the exchange of information and best practices between Moldova and the EU, as well as for the coordination of efforts to combat cross-border crime and other forms of transnational organized crime. Overall, the harmonization of criminal justice standards and law in Moldova is an ongoing process that will require continued effort and cooperation between Moldova and the EU.
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The article explores the interplay between national courts and European Union institutions in the context of competition law enforcement of rules enshrined in Articles 101 and 102 TFEU. Cooperation between national competition authorities and national courts on one hand and EU institutions on the other hand is crucial for ensuring the effective and consistent application of competition rules. The article deals with the mechanisms of this cooperation. It examines the role of the European Commission and the Court of Justice of the European Union (CJEU) in providing guidance to national competition authorities and national courts. The article underscores the importance of a cohesive approach to competition law enforcement that is applied by national institutions of the EU member states. The concept and meaning of legal security in criminal law is well defined by Professor Jadwiga Potrzeszcz who states that "legal security is a state achieved by law established in general, and in particular by means of criminal law, in which human life’s goods and interests are protected in the most comprehensive and effective possible manner (and) harmonizes properly with the most important functions of criminal law, namely with a protective function and a guarantee function." (Potrzeszcz, 2018, p. 301) In accordance with the aforementioned definition, the author aims to introduce Criminal Codes that were in effect in the territory of present-day Slovakia, shedding light on whether they were guarantees of legal security in the state or not, i.e., whether they protected "human life’s goods and interests in the most comprehensive and effective possible manner."
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This article analyzes the phenomenon of respecting asylum for Ukrainian refugees in the Republic of Moldova. The author point out that the Russian invasion of Ukraine resulted in approximately 8 million Ukrainians being internally displaced by the end of May, and more than 7.9 million fleeing the country by January 24, 2023. For the first time in the history of our country, in a limited time, a record number of asylum applications was registered 15,000 people. The author mention the prodigious activity of state institutions in our country, the Republic of Moldova demonstrated remarkable solidarity with refugees from Ukraine. All state institutions were mobilized to provide the refugees with the best possible conditions and to ensure the transit of several hundred thousand more refugees.
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The fundamental concern that emerges from our analysis has been to discuss in applied terms the power of the Commission to set the political agenda and implement the strategies of the European Union. In other words, this is the essence of our study. Alternatively, we aimed to compile an overview of all the stages that a draft legal act has to go through before becoming a formal proposal from the Commission.
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The present article analyzes the issue of law applied to children and parents in relation to protecting the child’s rights and liberties. The study is done in terms of the minor’s best interest. The analysis concerns, by comparison, the legislative norm of the European Union, of Romania and Republic of Moldova. The internal law as well as the European law represent the legal basis for the study of the proposed subject. The element of novelty pursued in this paper is represented by the legislative alignment of the Republic of Moldova regarding parental authority, with the European norms.
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THE AIM OF THIS PAPER IS TO DISCUSS THE KEY ASPECTS OF INTELLECTUAL PROPERTY LAW IN THE MEMBER STATES OF THE EUROPEAN UNION. THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS IN THE MEMBER STATES OF THE EUROPEAN UNION WAS ALSO A NECESSITY ARISING FROM THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION (TFEU). TAKING LEGAL ACTION IN ONE OR MORE EU COUNTRIES TO ENFORCE INTELLECTUAL PROPERTY RIGHTS IS A CHALLENGE. THE ADOPTION OF THE FRAMEWORK DIRECTIVE ON THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS WAS INTENDED TO STOP THE CONSIDERABLE DISCREPANCIES IN NATIONAL LAWS THAT CAUSED UNCERTAINTY AND A DIFFERENCE IN THE APPLICATION OF THIS INSTITUTION BETWEEN EU MEMBER STATES. THE PRESENT PAPER FITS SUCCINCTLY INTO PANEL VIII - PRIVATE LAW AND PUBLIC LAW REGULATIONS AS GUARANTEES OF THE PROTECTION OF THE INDIVIDUAL IN ROMANIA, PRECISELY BECAUSE THE INSTITUTION OF INTELLECTUAL PROPERTY IS IN ITSELF AN INSTRUMENT TO GUARANTEE THE PROTECTION OF HUMAN INTELLECTUAL CREATION.
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Review of: Драгољуб Тодић, Михајло Вучић, Природни ресурси: између права и конфликта, Институт за међународну политику и привреду Београд, 2022, стр. 31
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Ochronę konsumentów gwarantuje konstytucja Republiki Kosowa, ustawy i akty podstawowe. Opracowując ustawodawstwo dotyczące ochrony konsumentów Republika Kosowa przywiązywała wielką wagę do zbliżenia i harmonizacji ustawodawstwa Kosowa z prawodawstwem UE. Jednakże w tym artykule zwróciliśmy uwagę na pewne aspekty prawne, nad którymi należy jeszcze popracować, aby obecna ustawa o ochronie konsumentów została dostosowana i zharmonizowana z przepisami prawa UE. W artykule omówiono podstawowe prawa konsumenta ze szczególnym naciskiem na ich niedostatki
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The research objective of this article is to assess whether the national regulations on advertising bydoctors currently in force comply with the requirements of EU law. The authors hypothesize thatthe regulations effective from 1 January 2025, introduced by the resolution no. 5 of the Extraordi-nary XVI National Congress of Doctors dated 18 May 2024, are not in compliance with EU law re-quirements. The conducted analysis conducted leads to the conclusion that there still exists a pro-hibition on the advertising of medical services, which is inconsistent with Directive 2000/31/ECand Article 56 of the Treaty on the Functioning of the European Union. Consequently, the pre-vailing regulations in Poland contained within the Act on Medical Activity and the Code of Medi-cal Ethics should be amended. It would be appropriate to introduce the possibility for doctorsto use commercial information, while simultaneously defining its form, scope, and content. Anyintroduced restrictions should be aimed at ensuring compliance with the principles of practis-ing medicine, particularly concerning independence, dignity, and the prestige of the profession,professional confidentiality, and integrity towards patients and other medical professionals.Moreover, the changes introduced must be proportionate, justified by a superior public interest,and non-discriminatory. These requirements correspond to the necessity of observing proceduralrules. The procedure for implementing EU law requires conducting an objective and independentassessment of new regulations and consultations to ensure their compliance with the principles of proportionality, justification, and non-discriminatory nature.
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The Common Agricultural Policy (CAP) is a partnership between society and agriculture, ensur-ing a stable supply of good-quality food and guaranteeing support for farmers’ incomes whileprotecting the environment and the dynamic development of Europe’s rural areas. The changingreality, as well as European society’s own expectations regarding healthy and safe food at af-fordable prices, or the emergence of an environmental conscience, are the reasons for reformingEuropean agricultural policy. The author aims to determine whether the directions of the CAP2023–2027 and the adopted measures and legal solutions serve the achievement of both primaryand specific objectives. The paper analyses the issue of the reformed CAP 2023–2027. The meth-odology is based on the presentation of the historical outline of the CAP, and the analysis of theEU documents, economic materials and legal literature, as well as reference to the practice ofdirect payments. The problem of the differences in the priorities of the European society in termsof expectations regarding the directions of CAP or the contradictions in the solutions adopted fordirect payments, limiting their availability, is addressed, alongside other issues. In the light ofthe findings of this article, it is necessary for the EU legislator to redirect CAP 2023–2027, withthe primary aim of ensuring the EU’s self-sufficiency and food security. At present, income sup-port for farmers must therefore be prioritized in order for other objectives and orientations of theCAP to be achieved, especially the environmental ones.
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The choice of subject matter for this article is justified by the process of updating the legal frameworkfor the financial sector in fields of digital resilience processes and standards as part of the EU digital singlemarket policy. The aim of the article is to explain changes in the legal environment of financial entities andthe community approach to the issue of information security as a result of the transformation of the digitalenvironment. Another goal is to review the cybersecurity requirements of these institutions. Using theoreticalstudies, the legal-dogmatic method and document analysis, the requirements imposed on financial institutionsin terms of ensuring protection and counteracting cyber threats are analysed.
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