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Protecția datelor în cadrul proiectelor cu finanțare europeană

Protecția datelor în cadrul proiectelor cu finanțare europeană

Author(s): Ana Maria Dumitrașcu / Language(s): Romanian Issue: 4/2024

Data protection in the framework of projects with European funding is a broad topic, being present in all of the aspects of obtaining public funds by the beneficiaries. The evolution of the concept of personal data protection regarding projects with European funding can be studied as a process in itself, following the modification of the normative acts of the last decades, but also the jurisprudence of the European Union. The complexity of integrating the principles of data protection emerges from the contradictions that often appear between them and ensuring transparency in terms of public funding and spending the budget of the European Union.The current legislative context brings new challenges in the data protection field. While the Next Generation EU economic recovery package contains the largest funding ever granted in the EU, the new legislative initiatives Data Governance Act and Data Act outline new perspectives in the European data space.

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THE PERSPECTIVES AND CHALLENGES OF ALBANIA'S INTEGRATION INTO THE EUROPEAN UNION

Author(s): Kristinka Jance,Edvana Tiri / Language(s): English Issue: supplement/2024

Since the collapse of the communist regime, Albania has regarded European integration as a top priority of foreign policy. This involves not only meeting political, legislative, and institutional requirements. It also combines Albanian values, democratic principles, and social ideals with European common values, emphasizing freedom and democracy. Albania's transition to democracy has faced many challenges and political and institutional progress in the process of European integration. During this process, Albania experienced difficulties in establishing stable political structures, establishing an effective public administration, organizing fair democratic elections, and promoting social, cultural, and inter-community growth.

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ANTI COMPETITIVE PRACTICES 
AND THE CLOSURE OF THE COMPETITION COUNCIL'S INVESTIGATION THROUGH THE COMMITMENTS PROCEDURE

ANTI COMPETITIVE PRACTICES AND THE CLOSURE OF THE COMPETITION COUNCIL'S INVESTIGATION THROUGH THE COMMITMENTS PROCEDURE

Author(s): Marcel Vasile / Language(s): English Issue: XXIII/2024

This article analyzes anti competitive practices and the alternative way for the Compe¬tition Council to close an investigation through the commitments procedure.Anti competitive practices are the main breaches of competition rules, and the discovery, investigation and sanctioning of such practices are crucial to ensure a normal compe¬titive environment. These anti competitive practices can affect the final consumer, who may have to pay a higher price than that which would have been freely determined by the supply and demand game. For this reason, these behaviours are considered illegal and are sanctioned with very harsh fines by the Competition Council. However, at the request of the companies under investigation, the Competition Council can close an investigation regarding a possible infringement of the competition rules through possible anticom¬petitive practices without imposing sanctions, by using the commitments procedure.

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FREEDOM OF ASSEMBLY AS A TOOL FOR SHAPING THE DEMOCRATIC SPACE IN THE CASE OF ECKERT V. FRANCE: SOME OBSERVATIONS ON THE POSSIBLE LIMITATIONS OF THE APPLICATION OF ARTICLE 11 OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENT

FREEDOM OF ASSEMBLY AS A TOOL FOR SHAPING THE DEMOCRATIC SPACE IN THE CASE OF ECKERT V. FRANCE: SOME OBSERVATIONS ON THE POSSIBLE LIMITATIONS OF THE APPLICATION OF ARTICLE 11 OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENT

Author(s): Maria Beatrice Berna / Language(s): English Issue: XXIII/2024

Based on the circumstances of the Eckert v. France case, the commentary explores the scope of freedom of assembly and how its application has a transformative effect on the national democratic space. The legal status of freedom of assembly creates the precon¬ditions for the affirmation of individual autonomy and strengthens solidarity around a common axiological framework. Although freedom of assembly is intrinsically linked to the requirements of a democratic society, it is not absolute. However, identifying the appropriate way of perceiving and applying the limits of freedom of assembly must be undertaken with the utmost caution and by taking into account undeniable referential factors such as the protection of public order, national security or respect for the rights and freedoms of others. In any case, peace is the main guiding principle to be considered in the context of the application of freedom of assembly. Ensuring the peaceful exercise of freedom of assembly ensures that social differences are overcome and a state of inclusion is achieved.

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Страните от Европа срещу контрабандата на оръжия
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Страните от Европа срещу контрабандата на оръжия

Author(s): Chavdar Georgiev / Language(s): Bulgarian Issue: 10/2024

The following article will outline the main identified methods oftrafficking in firearms and the reasons that facilitate this criminal activity. Criminal lawaspects to define the threat are about to be presented.National and international initiatives taken by law enforcement agencies andorganizations aimed at reducing the threat are also indicated.

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Kościoły i inne związki wyznaniowe w porządku prawnym Unii Europejskiej – analiza wybranych orzeczeń Trybunału Sprawiedliwości Unii Europejskiej

Kościoły i inne związki wyznaniowe w porządku prawnym Unii Europejskiej – analiza wybranych orzeczeń Trybunału Sprawiedliwości Unii Europejskiej

Author(s): Bernard Łukańko / Language(s): Polish Issue: 10/2024

It is beyond doubt that the European Union does not have legislative competence in the area of religious law, and its relationship with churches and other religious associations is reflected by very few provisions in primary law. Indeed, in accordance with Article 17(1) TFEU, “The Union respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States”. This provision raises the question of the scope of EU law regulations in relation to the enumerated categories of entities. This paper provides an analysis of the case law of the Court of Justice of the European Union, which has repeatedly expressed its opinion on this relationship and has indicated the extent to which the limitation of permissible regulation in secondary legislation stemming from Article 17 TFEU goes. This is essential both for the EU legislator at the law-making stage and for national authorities and courts in their practical application

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Prawo pracownika „do odłączenia” – uwagi na kanwie rezolucji Parlamentu Europejskiego z dnia 21 stycznia 2021 r. zawierającej zalecenia dla Komisji w sprawie prawa do bycia offline (2019/2181(INL)) (2021/C 456/15)

Prawo pracownika „do odłączenia” – uwagi na kanwie rezolucji Parlamentu Europejskiego z dnia 21 stycznia 2021 r. zawierającej zalecenia dla Komisji w sprawie prawa do bycia offline (2019/2181(INL)) (2021/C 456/15)

Author(s): Grażyna Zboralska / Language(s): Polish Issue: 10/2024

This article analyzes the solutions proposed under EU law for establishing a right for workers to disconnect from digital technologies used for professional purposes, also known as the “right to be offline.” Acknowledging the increasing availability of ICT-enabled work and the need to regulate workers' rights to disconnect from digital tools, on 21 January 2021, the European Parliament presented a Resolution with recommendations to the Commission on the right to be offline (2019/2181(INL)) (2021/C 456/15). The annex to the resolution contains a draft legislative proposal in the form of a Directive of the European Parliament and the Council on the right to be offline. The article presents arguments for and against establishing a new worker’s right to disconnect, as well as the challenges involved in adopting such a regulation. Reference is also made to the current case law of the Supreme Court and the Federal Labour Court concerning the permissibility of contacting an employee during their free time by an employer.

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Charakter prawny porozumień unijnych partnerów społecznych i europejskich inicjatyw obywatelskich w ramach unijnego procesu ustawodawczego, w odniesieniu do aktualnych oczekiwań społecznych

Charakter prawny porozumień unijnych partnerów społecznych i europejskich inicjatyw obywatelskich w ramach unijnego procesu ustawodawczego, w odniesieniu do aktualnych oczekiwań społecznych

Author(s): Katarzyna Kaczmarska / Language(s): Polish Issue: 10/2024

The implementation of agreements between the EU social partners through Council decisions and the European citizens’ initiative are two mechanisms that enable the initiation and participation of civil society representatives in the adoption of legal acts at the EU level. This article seeks to analyze the objectives and the feasibility of implementing these mechanisms, drawing on EU regulations and the case law of the Court of Justice of the European Union.

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Prawne mechanizmy przeciwdziałania ingerencji w sprawy wewnętrzne Unii Europejskiej

Prawne mechanizmy przeciwdziałania ingerencji w sprawy wewnętrzne Unii Europejskiej

Author(s): Piotr Uhma / Language(s): Polish Issue: 10/2024

This article examines the legal mechanisms employed by the European Union to counteract interference in its internal affairs, focusing on contemporary challenges such as disinformation, foreign funding, and the manipulation of democratic processes. By analyzing key actions taken by the EU – such as the adoption of the Defence of Democracy action plan, the work of the INGE special committees, European Parliament resolutions, and legislative initiatives by the European Commission regarding transparency in third-country interest representation – the article traces the evolution of the Union’s efforts to defend democratic institutions. It emphasizes the growing importance of new technologies, their impact on information security, and the need to enhance legal mechanisms to effectively counter external threats that undermine the sovereignty and stability of both the Member States and the EU itself.

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Unia Europejska w obliczu wyzwań praworządności

Unia Europejska w obliczu wyzwań praworządności

Author(s): Beata Tubek / Language(s): Polish Issue: 10/2024

The rule of law is a value that constitutes the foundation of the European Union, as explicitly stated in the treaties that establish it. But how should this concept be understood, and can we genuinely speak of a common “rule of law” applicable to all member states? Is it possible to develop a definition of the “rule of law” that is acceptable from the perspectives of both the European Union and the constitutional traditions of selected member states? This analysis was facilitated by a review of relevant literature, legal acts (both national and international), the application of the dogmatic-legal method, comparative law, and an examination of ongoing issues surrounding the essence of the rule of law in Poland and other European Union countries over recent years.

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The Gem Hidden Behind Predictability: Discussing Efficiency in and of Investment Arbitration

The Gem Hidden Behind Predictability: Discussing Efficiency in and of Investment Arbitration

Author(s): Nataša Rajković / Language(s): English Issue: 2/2024

The paper discusses the status quo regarding efficiency in investment arbitration and suggests how predictability of the arbitral outcome can improve both efficiency in and of investment arbitration. First, the paper will address the cost and duration of investment arbitration. Second, it will look at the provisions of the 2022 ICSID Arbitration and Mediation Rules, as well as UNCITRAL Working Group III Draft Provisions, aimed at increasing efficiency in investment arbitration. Third, it will present efficiency in and of investment arbitration, on the one hand, and predictability, on the other, as intertwined issues. Fourth, it will use the intra-EU jurisdictional objections ratione personae and voluntatis as examples of how the unpredictability of arbitral outcomes reduces the efficiency in and of investment arbitration. Fifth, it will present some of the solutions that could improve efficiency in and of investment arbitration.

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ON THE TAXONOMY OF ARTIFICIAL INTELLIGENCE SYSTEMS IN THE VIEW OF THE UNIFORM UNIFICATION LEGISLATION. SPECIAL LOOK AT "HIGH RISK" IN BUSINESS-TO CONSUMER, BUSINESS-TO-BUSINESS CONTRACTS

Author(s): Elise-Nicoleta Vâlcu / Language(s): English Issue: supplement/2024

The Union Regulation on Artificial Intelligence represents the legal framework intended to stop the abusive use of digital systems and, at the same time, to encourage technological progress while providing effective guarantees to protect fundamental rights and freedoms. The most important step of this regulation was the establishment of risk assessment criteria associated with the development and implementation of artificial intelligence technologies, as well as the careful assessment of potential associated risks. Specifically, the Union harmonization provision defines four determined levels of potential threat associated with the use of AI technologies, namely, unacceptable risk, high risk, limited risk and minimal risk. The present study establishes as the main topics for reflection both an analysis of these types of risks and the circumscribed fields of application as well as the specific approach regarding high-risk AL systems in the matter of business-to-consumer and business-to-business contracts. Thus, with regard to automated B2C contracts, we emphasize the need for a "recalibration" of consumer protection legislation in the context of the need to guarantee additional rights to them. With regard to B2B contracts, we believe that appropriate legislation may be needed to protect small and medium-sized enterprises from the abuse of market power by dominant players who may resort to commercial or technological blockages.

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COMMENT ON THE EUROPEAN SOCIAL PARTNERS FRAMEWORK AGREEMENT ON DIGITALIZATION

Author(s): Livia Florentina PASCU / Language(s): English Issue: supplement/2024

The digital transformation brings both benefits to the labor market, but it also entails risks, as some jobs will disappear or be transformed, which implies the formation of a workforce with digital skills suitable for new technologies. Adapting to the digital age requires a reflection on how the balance between work life and family life will be ensured. The implementation of artificial intelligence in the field of work must ensure compliance with the principle of human control over machines and artificial intelligence. The implementation of artificial intelligence in the field of work must ensure compliance with the principle of human control over machines and artificial intelligence. The use of digital devices raises questions about how fundamental worker rights are affected.

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„Tam i z powrotem”– the Rule of Law ujęte od źródeł aż po zastosowanie w orzecznictwie TSUE

Author(s): Karolina Cern,Barbara Janusz-Pohl / Language(s): Polish Issue: 4/2024

In this paper, we set forth two research theses and one main hypothesis. In order to justifythem, we summarily recall and discuss the theses regarding the origins of the emergence ofthe concept of the Rule of Law (hereafter the „RoL”) in common law in the 12th century, asformulated by the American historian of constitutionalism Charles Howard McIlwain. Sincehis thesis on the medieval distinction between jurisdictio and gubernaculum was taken up in theworks of Gianluigi Palombella, we recall the main elements and points of the argumentationof this contemporary Italian philosopher and legal theorist regarding the RoL as differentfrom Rechtsstaat (hereafter „RS”). Taking into account the features of the historically shapedconcept of the RoL, we analyse the process of operationalization of the RoL by the CJEU,followed by the legal definition of the RoL in the Regulation (EU, Euratom) 202/2092of 16 December 2020 of the European Parliament and of the Council.

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Goodbye rządy prawa? Diagnoza i perspektywa

Author(s): Przemysław Kaczmarek / Language(s): Polish Issue: 4/2024

In the article, I try to show that legal dualism provides a conceptual grid for the analysis of thecrisis of the rule of law. In demonstrating this, I first introduce the concept of legal dualismand then present autocratic legalism and abusive judicial review in its light. Two variants ofthe conceptual framework of legal dualism are suitable for describing and explaining theseforms of governance. Legal dualism is framed as: a) an instrumental action of the “mainactors” in public life, and b) a social attitude that lacks a cultural imperative that allows citizensto identify with the law.Two main conclusions can be drawn from the article’s findings. First, autocratic legalism andabusive judicial review are based on the instrumentalization of the rule of law as a political ideal. Second, legal dualism as a public attitude indicates that insufficient consideration of thesocial dimension of law has made it easier for political centres to challenge the liberal vision ofthe rule of law, presented by its opponents as the rule of lawyers, the social elite. A responseto the charge of alienating the law in different configurations (political constitutionalism versuslegal constitutionalism) is the idea of inclusivity, which can be expressed in different theoreticallanguages.The context for the conclusions of the article is the constitutional crisis, which is also presentin the Polish legal order The empirical documentation does not determine the researchmethodology in the this article, but I instead pursue in it an approach that can be classified asrooted in the social theory of law (B.Z. Tamanaha).

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Hate Crimes and Hate Speech: A Comparative Study

Hate Crimes and Hate Speech: A Comparative Study

Author(s): Simona Franguloiu,Nicoleta-Elena Heghes / Language(s): English Issue: 2/2023

Dignity is a precious asset that not only identifies us as free and equal human beings, but also allows us to live together in society. In fact, human dignity, together with the inviolable rights that are inherent to it, is an essential aspect of human civilization. For this reason, acts based on discrimination on various grounds (race, nationality, ethnicity, gender, sexual orientation, religion, social category or disadvantaged group, disability, political opinion or any other grounds) have taken on a new approach as hate crimes. The future will decide and demonstrate whether there is a need for separate criminalization, with its own nomen juris, of these offences or if the regulation provided by the states to date is sufficient, given that it is eclectic. The paper examines the legal landscape regarding hate crimes and hate speech in the European context, emphasizing the importance of a coordinated effort in hate crime prevention.

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Sinteza hotărârilor în materie fiscală pronunțate de Curtea de Justiție a Uniunii Europene în perioada noiembrie-decembrie 2024
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Sinteza hotărârilor în materie fiscală pronunțate de Curtea de Justiție a Uniunii Europene în perioada noiembrie-decembrie 2024

Author(s): Not Specified Author / Language(s): Romanian Issue: 6/2024

The Court of Justice of the European Union issued a judgment on November 7, 2024, in case C-594/23, following a request for a preliminary ruling from Vestre Landsret (Western Regional Court of Appeal, Denmark). The case involved Skatteministeriet v. Lomoco Development ApS, Holm Invest Aalborg A/S, I/S Nordre Strandvej Sæby, and Strandkanten Sæby ApS. The judgment addressed the common system of value-added tax (VAT) under Directive 2006/112/EC, specifically focusing on the supply of land with building foundations intended for housing. Key concepts discussed included "buildable land," "building or parts of a building," and the "first occupation" criterion.

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VLADAVINA PRAVA U ZEMLJAMA ZAPADNOG BALKANA KAO FOKUS POLITIKE PROŠIRENJA EVROPSKE UNIJE

VLADAVINA PRAVA U ZEMLJAMA ZAPADNOG BALKANA KAO FOKUS POLITIKE PROŠIRENJA EVROPSKE UNIJE

Author(s): Dragoslav Gluhović / Language(s): Serbian Issue: 2/2024

Back in 2018, the European Union adopted the Strategy of enlargement to the countries of the Western Balkans, which provided a potential time and reform framework for accession negotiations on the accession of these countries to the European Union. Strengthening the rule of law, the fight against corruption and organized crime are the cornerstones of accession negotiations and European integration processes for the countries of the Western Balkans. This paper provides an overview of the EU Strategy – Western Balkans from 2018, where the focus is on the initiative to strengthen the rule of law and the analysis of the situation in these countries from the point of view of the rule of law.

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Hotărârea Curții Europene a Drepturilor Omului în cauza S.C. Zorina Internațional S.R.L împotriva României

Hotărârea Curții Europene a Drepturilor Omului în cauza S.C. Zorina Internațional S.R.L împotriva României

Author(s): Loneta-Honorina Gavrea / Language(s): Romanian Issue: 2/2024

The European Court of Justice, in case 15553/15, issued a ruling regarding the administrative sanctioning of a commercial company that violated national legislation regulating the obligation for economic operators to use electronic fiscal devices and the framework for implementing this obligation. The company failed to issue fiscal receipts for a small amount, for which the national legislation in force at that time prescribed cumulative and strict sanctions: a substantial fine and the suspension of the company’s activity for a period of three months. The referral to the Court regarding the contested interference fell within the scope of analysis of the second paragraph of Article 1 of Protocol 1 concerning measures “to regulate the use of property” and with regard to the fine “to ensure the payment of taxes or other contributions or fines”. The Court’s assessment of whether the national authorities ensured a fair balance between the general interest, on the one hand, and the respect for property rights, on the other hand, was made by a majority vote, six to one. It was concluded that there was no violation of Article 1 of Protocol No. 1 of the European Convention on Human Rights. However, the minority opinion opened a new perspective in the judicial approach to such cases, namely whether it is reasonable for the national legislation of the Convention’s signatory member states to impose excessive sanctions for the commission of a minor administrative offense, and what the limits of such an approach should be.

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„Raportul ONU privind promovarea și protecția drepturilor omului în contextul schimbărilor climatice”

„Raportul ONU privind promovarea și protecția drepturilor omului în contextul schimbărilor climatice”

Author(s): Daniela Albu / Language(s): Romanian Issue: 2/2024

The Special Rapporteur on the promotion and protection of human rights in the context of climate change, Elisa Morgera, prepared a Report on access to information on climate change and its impact on human rights in July 2024. The report was presented at the 79th session of the UN General Assembly. The report highlights the challenges and good practices related to access to information on climate change and human rights and clarifies the international obligations of states, recommending the strengthening of international cooperation which can increase public awareness and participation. By ensuring access to credible and transparent information, the states should give the opportunity to every citizen to adapt and manage extreme situations in a timely manner. The responsibility of the business environment in preventing negative effects that some development projects could have on the climate and human rights is also highlighted. The report aims to inform on the interpretation and implementation of the Paris Agreement on climate change. It is stressed that Member States must take on their climate change obligations, as well as the Glasgow Climate Action Work Programme. Last but not least, it recalls the importance of achieving at global level Sustainable Development Goals 13 (climate action) and 14 (life below water) of the 2030 Agenda to which Member States adhered in 2015.

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