The Impact of CJEU Case Law on the National Rules of Alternative Tourism

Author(s): Carmen Tamara Ungureanu / Language(s): English Issue: 3/2024

The alternative tourism has a disturbing effect, mainly, on commercial competition between traditional tourism service providers and those from alternative tourism, on the taxation of income from alternative tourism, on the protection of service users. Many tourist cities are experiencing a housing crisis because of the homeowners opting for short-term rentals rather than long-term ones. Legislative responses do not usually go beyond the adoption of local rules requiring authorizations before providing such services. In the connected cases C724/18 and C727/18 (Cali Apartments, HX v. Procureur général près la cour d'appel de Paris, Ville de Paris), the CJEU had the opportunity to rule on whether the authorization of the alternative tourism services provision is compatible with EU legislation. It was determined that a national law establishing a regime that requires prior authorization for short-term rental activities, provided that the rules are justified by an imperative public interest, is not incompatible with the EU Services Directive (2006/123). By passing the Order of the Minister of Entrepreneurship and Tourism no. 510 of February 22, 2022, our national legislator took one step farther, adopting a national authorization system. According to this order, all persons offering short term rental services (including natural persons) are economic operators/professionals, who are required to get a classification certificate from the central public authority responsible in the field of tourism. The inclusion of the service provider in the category of professionals represents an approach that protects the general interest, respects the principles of fairness and nondiscrimination, and gives back to the consumer of such services the guarantee of his/her protection.

Impactul cauzei Elite Taxi c Uber Spain (C434/15) asupra reglementării serviciilor de ridesharing în Uniunea Europeană: Studiu de caz Uber în România, Finlanda şi Cehia

Author(s): Sebastian Antoce / Language(s): Romanian Issue: 3/2024

The study presents a comparative analysis of regulatory responses to Uber's ridesharing services in Romania, Finland, and the Czech Republic, following the ECJ decision C434/15. It explores the nuanced approaches undertaken by each country, from Romania's strict regulations to Finland's more liberalized stance, and the Czech Republic's intermediary model. Throughout the analysis, the study discusses the concept of influence, particularly the ECJ's role in shaping these national regulatory frameworks. Despite differences, all responses aim to strike a balance between fostering innovation and addressing concerns related to fair competition and consumer rights. This study offers insights into the diverse regulatory landscapes within the EU and their implications for the future of ridesharing platforms like Uber.

Aspecte privind impozitarea veniturilor obţinute din exploatarea drepturilor de proprietate intelectuală prin intermediul unui sediu permanent

Author(s): Andreea Iuliana Prisacariu / Language(s): Romanian Issue: 3/2024

The production, distribution, and access to creative content are facilitated by the development and diversification of digital technologies. This necessitates clarification of certain aspects regarding the taxation of income derived from the exploitation of intellectual property rights. A permanent establishment is the place where a nonresident conducts their activities, either fully or partially. In this context, the permanent establishment represents the location where creative activities are carried out. In this study, we aim to highlight the main consequences related to the taxation of income derived from the exploitation of intellectual property rights when such income is obtained through a permanent establishment. We will analyze scenarios involving multiple states, including the state of residence and the state where the permanent establishment is located.

Influenţa jurisprudenţei Curţii de Justiţie a Uniunii Europene asupra impozitării veniturilor obţinute din exploatarea unor drepturi de proprietate intelectuală

Author(s): Andreea Iuliana Prisacariu / Language(s): Romanian Issue: 3/2024

The case law of the CJEU impacts and influences national law through the mandatory nature of the judgments pronounced by the Union court. In the field of taxing income derived from the exploitation of creative activities, questions concerning the incidence of valueadded tax (VAT) have generated an extensive case law of the Union court. The questions addressed to the Court have focused on: analyzing hypotheses in terms of the cumulative fulfillment of conditions determining the incidence of VAT, the continuous and independent conduct of an economic activity, the qualification of specific situations as the provision of services within the meaning of the VAT Directive, the taxable status of collective management organizations, and individual cases where the special regime applicable to secondhand goods, artworks, antiques, and collectibles may or may not be applicable. In the current research endeavor, we aim to map out the aspects where the case law of the Court of Justice of the European Union has impacted national law regarding valueadded tax, specifically the special regime applicable to secondhand goods, artworks, antiques, and collectibles

Influenţa jurisprudenţei CtEDO asupra legislaţiilor naţionale privind protecţia penală a autorităţii

Author(s): Andrei Năstase / Language(s): Romanian Issue: 3/2024

Civil servants represent the key element of public administration, having specific duties and responsibilities. They must have the necessary skills and the appropriate legal and material support to properly perform their duties. In order to fulfil the duties conferred by law, in certain circumstances, criminal protection of public authority and exponents thereof may be involved. The article mainly focuses on the analysis of the caselaw of the European Court of Human Rights and other international judicial organisations regarding acts of violence against authorities and the way they were treated. Through a perspective focused on the respect of human rights, public office and the phenomenon of assault of a public official are explored by highlighting the importance of respecting those rights in relation with the exponents of public authorities. The impact of these judgments on national legislation, the protection of individual rights and the balance between the criminal protection of the authority and freedom of expression have been also assessed.

ПРЕДЛОЖЕНИЕ НА ЕВРОПЕЙСКАТА КОМИСИЯ ЗА РЕГЛАМЕНТ ОТНОСНО ПРОИЗХОДА

Author(s): Eva Kaseva / Language(s): Bulgarian Issue: XXIII/2024

The subject of the present study is the European Commission‘s Proposal for a regulation in the matters of parenthood. The work analyzes the grounds and objectives of the Proposal, its action and legislation, draws attention to controversial texts in the document, as well as makes recommendations for their appropriate amendment, with a view to achieving consensus in the event of future adoption and implementation.

ЗА КОДИФИКАЦИЯТА НА БЪЛГАРСКОТО НАКАЗАТЕЛНО ПРАВО (част първа)

Author(s): Ognian Velev / Language(s): Bulgarian Issue: XXIII/2024

The article considers the codification of Bulgarian criminal law. It is assumed that it is complete and all the norms that make up this fundamental area of law are included in the country’s Criminal code. The existence of three important facts provokes the author to reason on whether the codification of the Bulgarian criminal law is actually formally completed and to what extent it is qualitatively conducted. It is about that: 1. In our legal system the category of administrative violations exists along with the category of crimes; 2. Our country has signed and ratified the Rome Statute of the International Criminal Court; 3. Bulgaria is a member of the EU and in this capacity is obliged to apply certain acts of the Union with criminal law content.

The European Union’s Policy in the Field of the Consumer Right to Representation

Author(s): Mira Malczyńska-Biały / Language(s): English Issue: 2/2023

The purpose of this article is to analyze the European Union’s consumer policy in the context of the consumer right to representation. In particular, the discussion focuses on the analysis of individual European Union consumer policy programs and strategies in the context of the abovementioned right. The development of the consumer right to representation is synonymous with enabling consumers to participate in the formulation and implementation of consumer policy. It involves financial, organizational and educational support for consumer organizations in the European Union at national and international levels.

Az adatvédelem és az online szolgáltatások kapcsolódási pontjai

Author(s): Katalin Gombos / Language(s): Hungarian Issue: 2/2024

The supply and demand of services in the information society takes place mainly in the online space. The role of the supervisory authorities’ (and ultimately the courts’) powers to protect our personal data has therefore become more important. Digital resilience has a major impact on twenty-first century jurisdictional activity, which is necessarily characterised by a confrontation of competing rights at the intersection of privacy and online services. Even in general, the application of European Union law requires a partially different approach to the interpretation of national law, however, data protection law has its own specificities. The activity of supervisory authorities is becoming increasingly pronounced, and the need for a law enforcement approach with a view to protecting rights is clearly evident from the case law of the Court of Justice of the European Union. The trends also justify some of the specificities of interpretative primacy in this area of law.

THE PRINCIPLE OF TRUST AS A SINE QUA NON CONDITION FOR THE PROPER APPLICATION OF THE PRINCIPLE OF MUTUAL RECOGNITION OF JUDICIAL DECISIONS IN THE CONTEXT OF THE EUROPEAN PRODUCTION ORDER

Author(s): Justyna Sarkowicz / Language(s): English Issue: 10/2024

The subject of the article is the principle of trust in the context of establishing a European Production Order. The relationship between the principle of trust and the principle of mutual recognition of judicial decisions will be examined. The conclusions will answer the question of what function the principle of trust will play during the regulation on the issuance of electronic evidence - will it be a condition for the proper application of the principle of mutual recognition? The desired Legislative Direction will be indicated.

Cztery lekcje z czasu pandemii COVID-19 dla ograniczania wolności uzewnętrzniania religii w Polsce

Author(s): Kacper Szewczyk / Language(s): Polish Issue: 27/2024

The unforeseen crisis of the COVID-19 pandemic and the related unprecedented restrictions have led to scholarly debate on the limits of commonly guaranteed freedoms and rights. This article discusses the issues raised in the literature regarding the restrictions imposed by authorities on the freedom to manifest religion during the pandemic and relates them to Polish legislation, drawing four lessons to prevent similar problems in the future. The first lesson is the need to re-establish a proper understanding of the sphere of religious autonomy and to reconsider the division of powers in regulating religious practices in order to prevent a repeat of the mistakes that were made during the pandemic. The second lesson pertains to the need to legislate transparently and provide a clear explanation of the restrictions to avoid the criticisms of arbitrariness and inconsistency that have been levelled at the COVID-19 containment policy. The third lesson is that the restrictions should be framed in the context of a broader policy and with particular attention to the equal treatment of religious and secular activities. This lesson results from an analysis of the doubts about whether the pandemic regulations were discriminatory. The fourth lesson introduces a new model for restricting the freedom to manifest religion, which is based on cooperation with religious organisations and aims to identify proportionate measures to avoid the problems that occurred in the last pandemic.

Challenges and strategies for implementing the Ramsar Convention. Balancing Economic Development and Wetland Conservation

Author(s): Andreea Nicoleta Dragomir,Ioana Florescu / Language(s): English Issue: 4/2024

Ramsar Convention on Wetlands of International Importance, particularly focusing on waterfowl habitats, signifies a pivotal shift in global attitudes towards wetland conservation. Historically viewed as hindrances to development, wetlands have suffered from drainage and reclamation efforts, resulting in significant biodiversity loss. However, a growing recognition of their ecological significance has spurred international action. The Convention, established in 1971, serves as a landmark agreement to safeguard wetland ecosystems. It mandates member states to designate and conserve wetlands within their territories, emphasizing the importance of international cooperation due to the transboundary nature of wetland ecosystems. The Convention’s objectives encompass sustainable development goals, including water quality, biodiversity, and climate change mitigation. Implementation relies on national policies and collaboration among stakeholders. Furthermore, the Convention aligns with other environmental agreements, fostering synergies to enhance wetland protection globally. Despite these positive developments, there are significant challenges in ensuring the effective implementation of the Convention, particularly when economic interests conflict with environmental conservation. As highlighted in the case of the Bystroe Canal project in the Danube Delta, balancing development with wetland protection remains a critical issue. This article addresses the question of whether the Ramsar Convention can effectively apply its provisions in such cases, arguing that while it provides a strong framework, its effectiveness is often undermined by competing economic priorities. Without stronger enforcement mechanisms and increased international cooperation, the objectives of the Convention risk being compromised.

Международните договори като източник на правото на Европейския съюз

Author(s): Katerina Yocheva / Language(s): Bulgarian Issue: 4/2024

Over the past years the European Union (EU) has become an increasingly significant factor in the international relations. This is reflected in the hundreds of agreements it has concluded with third countries and international organizations, either alone or together with its Member States. These agreements form a specific part of the EU’s own legal order. The spectrum of agreements reflects the complexity of relations between the EU, its Member States and third countries and international organizations. Agreements concluded by the EU can be included in different classifications. This study is an attempt to identify the common agreement-types and the many diverse purposes for which they may be used.

Rola Europejskiego Trybunału Sprawiedliwości i Rady Unii Europejskiej w kształtowaniu polityki gospodarczej i ich wpływ na przedsiębiorstwa

Author(s): Dariusz Dziedzic / Language(s): Polish Issue: 4/2023

This article explores the significant roles of the European Court of Justice (ECJ) andthe Council of the European Union in shaping economic policy and regulating the businessenvironment across the EU. The ECJ plays a pivotal role in ensuring consistentinterpretation and enforcement of EU law, which directly affects enterprises operatingwithin the union by safeguarding market competition, protecting fundamental freedoms,and ensuring the fair application of regulations. On the other hand, the Council of the Eu-ropean Union sets strategic directions for economic policy and oversees the coordinationof fiscal policies among member states. This article examines how the decisions andrulings from both institutions impact enterprise growth, market access, and compliancewith EU standards. The interplay between judicial oversight and strategic policymakingcreates a stable, competitive, and legally secure environment for businesses operatingin the European Union.

EUROPEANISATION OF ENVIRONMENTAL PROTECTION THROUGH CRIMINAL LAW

Author(s): Jana Navrátilová / Language(s): English Issue: 3 ENG/2024

This article focuses on the European legal framework for environmental protection, in particular through criminal law. Given the societal need to reconcile technological development with the protection of natural resources and the environment in general, this is a highly relevant issue. The aim of this article is to describe and examine the current European legislation in the field of the environmental protection through criminal law, employing descriptive, analytical and synthetic methods. The article first discusses the history of environmental policy in public international law and European law, where initially the legal instruments of criminal law were not used. Subsequently, the author examines the current legal framework and, finally, considers its future. In the last parts, the article addresses the secondary law of the European Union, namely the Directive of the European Parliament and of the Council on the protection of the environment through criminal law of 2008 and the new Directive of the European Parliament and the Council on the criminal law protection of the environment of 2024. However, other decisions, directives and case law relevant to the issue are also covered. Overall, this is a unique article mapping all the essential legal instruments in the field of European environmental protection through criminal law. The author highlights the importance of protecting the environment through criminal law, but also emphasises the necessity of applying one of its basic principles, i.e., ultima ratio.

THE EXCLUSION OF RUSSIA FROM COUNCIL OF EUROPE: INITIAL REFLECTIONS ON THE EFFECTS

Author(s): Jarosław Kowalski / Language(s): English Issue: 3 ENG/2024

The new situation related to Russia’s aggression against Ukraine led to Russia’s exclusionfrom the Council of Europe and the European regional human rights protection system inMarch 2022. This article aims to examine the legal and political consequences of the RussianFederation’s exclusion from the Council of Europe and the European human rights protectionsystem. The research objective was achieved through the analysis of normative acts (hardlaw, soft law) of the Council, a review of domestic and foreign literature, and the analysis ofstatistical data provided by the Council and the European Court of Human Rights.The article seeks to answer the following research questions: 1. What are the actual andpotential consequences of excluding Russia from the Council for both Russia and other memberstates?, 2. What impact will Russia’s exclusion from the Council of Europe and the Europeanhuman rights protection system have on the citizens of Russia and those under its jurisdiction?Membership in the Council of Europe entails mandatory participation in the Europeanhuman rights protection system, based on the European Convention on Human Rights and theEuropean Court of Human Rights. The primary consequences of Russia’s exclusion from theCouncil are: 1. exclusion from the family of European states, 2. denunciation of the Conventionand other agreements adopted within the organisation, and 3. the inability to file individualand interstate complaints against Russia.

Theoretical and Practical Aspects Related to Work of Temporary Employees for Users from Other European Union States. Work Through Temporary Employment Agency and Secondment

Author(s): Maria-Cristina BĂLĂNEASA (ICHIM) / Language(s): English Issue: 1/2023

The work of employees through a temporary employment agency is a form of atypical work that involves more discussions. In this material, I propose to compare the institution of temporary work through a temporary work agency with that of posting. I will also highlight the particularities of the temporary employee's work within the provision of transnational services, highlighting internal and community legislative aspects as well as the problems that the two institutions bring to the practice of national courts and the Court of Justice of the European Union.

ECHR Reform: Entry into Force of Protocols 15 and 16

Author(s): Camelia Ignătescu,Loredana Terec-Vlad / Language(s): English Issue: 1/2023

Whereas the application of the European Convention on the Human Rights is made through the European Court of Human Rights, whose decisions are the creator of law, meanings, interpretations, clarifications on everything that means the system of protection of the human rights through the ECHR, the jurisprudence of the Court frequently meets the practical requirements for the application of the Convention. However, certain procedural elements in the application of the Convention cannot be left to the discretion of the Court's decisions, due to their strictly procedural nature, and in some cases there is a need to enrich the Convention with a number of fundamental provisions beyond the court’s creative power of practice. That is why the adoption of the Additional Protocols to the Convention always attracts a keen interest from stakeholders, and among these, the Additional Protocols no. 15 and 16 have attracted lively debates in international doctrine, due to the importance of amendments (or clarifications) to the Convention.

A Jurisprudential Conclusion of New Criteria Regarding the Recognition of the Existence of Family Life and Relationships between Parents and Children Resulting from Surrogacy

Author(s): Loredana Terec-Vlad / Language(s): English Issue: 1/2024

Article 8, paragraph 1 of the European Convention enshrines the right to respect for private life, the right to respect for family life, home and correspondence. As it is always seeking to provide solutions to new social realities, the ECHR created an evolutionary interpretation of the notion of private life that also included (in addition to the rights to the person's physical and mental identity, marital status, health and so on) aspects regarding the abortion, the homosexuality and the trans-sexuality, as well as those related to the impact of technical progress (the interception of telephone conversations, the access to databases and so forth). Also through the jurisprudence, the content of the right expanded, leading to the recognition of the right to one's own image and the right to a healthy environment.

Affaire Amarandei et Autres c. Roumanie

Author(s): / Language(s): French Issue: 3/2024