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PARTICULAR ASPECTS RELATED TO THE FREE MOVEMENT OF BIOCIDAL PRODUCTS IN THE EU

Author(s): Anca Ileana Duşcă / Language(s): English Issue: 39/2024

From the contextual interpretation of art. 28-37 that make up Title II (Free movement of goods) of Part Three (Union internal policies and actions) of the TFEU, it follows that the pillars on which the free movement of goods rests are: the Customs Union and the prohibition of quantitative restrictions between member states. These two pillars are mentioned by art. 28 (ex art. 23 TCE), introductory part of the Title, which states: (1) The Union is made up of a customs union that regulates all exchanges of goods and that involves the prohibition, between member states, of customs duties on import and export and of any taxes with equivalent effect, as well as the adoption of a common customs tariff in relations with third countries. We note that art. 28 TFEU, in para. (1), speaks of the customs union, and in para. (2) refers to the prohibition of quantitative restrictions, namely by referring to the respective chapter.

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ELEMENTS OF JUSTICE NEGOTIATED IN EUROPE

Author(s): Alexandru Sava / Language(s): Romanian Issue: 39/2024

In the past 20 years, most of the European states have adopted a form of plea agreement mechanism in their criminal procedure legislation. However, some are still reluctant do to it. Wether it is for worries of infringing on traditional principles of criminal procedure, or because of more practical resons, like avoiding the secrecy of the bargaining sessions, such countries have preferred a longer, rather than an efficient and speedy criminal process. In this article we will make a short presentation of how the European countries chose to deal with the plea bargaining procedure.

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Forum arresti și forum de necesitate în jurisprudența maritimă română

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Forum arresti și forum de necesitate în jurisprudența maritimă română

Author(s): Maria Veriotti / Language(s): Romanian Issue: 01/2023

"The establishment of the precautionary seizure and the enforcement procedure of the ship under a foreign flag in Romanian jurisdiction were invoked as grounds for attracting the competence of Romanian courts in disputes with an element of extraneity, either considering the provisions of Article 7 of the Convention for the Unification of Certain Rules Relating to the Precautionary Seizure of Sea-going Ships - Brussels, May 10, 1952, Forum Arresti (I), or the provisions of Article 1070 of the Civil Code, which regulates exceptional competence, called Forum of Necessity (II).

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Camera Arbitrală Maritimă Paris

Author(s): Author Not Specified / Language(s): Romanian Issue: 01/2023

ARBITRAL AWARD 1252 OF 17 DECEMBER 2022 Chartering. Cargo ship. The ship was delayed in departure due to the late submission of phytosanitary certificates. Effects. Responsibility of the charterer. Creditor company of the charterer. Seizure of the ship. Unjustified seizure. Joint responsibilities.

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Reforma dreptului maritim german

Author(s): Olaf Hartenstein / Language(s): Romanian Issue: 01/2023

When German maritime law was reformed in 2013, it underwent the most profound changes in several decades. The core of this reform consisted of the recodification of the fifth book of the Commercial Code ('Maritime Trade', 'Seehandelsrecht') – which was quite anchored in the spirit of the 19th century. Additionally, the reform brought a series of changes to the fifth book of the Commercial Code ('General Transport Law', 'Fraghtgeschaft'), to the law that dealt with river law, the Code of Civil Procedure, as well as various other laws. This article, after its introduction, (I) deals from the beginning with the recodification of maritime law and maritime transport (II) subsequently, other aspects of the reform (III).

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The Use of Unmanned Aircraft Systems for State Operations in the Republic of Slovenia: between Legal Confines and Technological Progress

Author(s): Pika Mihelič,Franc Pozderec / Language(s): English Issue: 2 (26)/2023

Regulation (EU) 2018/1139 on common rules in the field of civil aviation, together with delegated and implementing acts, provides the legal framework for regulating UAS at the EU level. It is important to note that mentioned acts do not apply for activities performed by the Member State, from which it follows, that new special national regulations are. Nevertheless, the Member States can still, decide that individual chapters of the regulation also apply for their performed operations. While many states of the EU have chosen to utilize this mechanism, the Republic of Slovenia has not made an official decision to do so. The circumstances described above raise a number of questions regarding the precise definition of the state operations, their delimitation and possibility of applying general regulations for operations with UAS performed by the police and other state authorities. Based on an analysis of European and national regulations, this paper presents the legal options for the use of UAS in state operations.

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Кратък обзор на международноправната и национална правна уредба за закрила на лицата с интелектуални затруднения и психически увреждания

Author(s): Ivan Tsvetanov,Plamena Yancheva / Language(s): Bulgarian Issue: 2/2024

The purpose of this article is to provide a brief overview of the current international and national legal framework dedicated to the protection of persons with intellectual disabilities and mental disabilities. Based on this review, some of the challenges and problems that exist not only in the legal framework, but also in law enforcement and practice in the field of the protection of these persons are visualized.

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Managing Legal Migration in the EU: Shortcomings and Challenges

Author(s): Doina Popescu Ljungholm / Language(s): English Issue: 2.1-Suppl/2024

My paper provides a review of the various EU legal schemes and initiatives that facilitate legal migration in the EU, their achievements, and shortcomings in their implementation, while investigating concerns, issues, and policies related to the rights and protection of migrants. The European Union’s migration policy is complex and encompasses multiple aspects, aiming to manage legal migration, combat illegal migration, ensure and create functional mechanisms to guarantee and protect asylum seekers, and promote the integration of migrants into host countries. These UE schemes have revealed shortcomings caused by complicated bureaucratic procedures, limited mobility between states, abuses and exploitation.

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National Courts between the European Court of Human Rights and the Court of Justice of the European Union. A Complicated Trio Relationship

Author(s): Vlad Neagoe / Language(s): English Issue: 2.1-Suppl/2024

The two main European courts share a common history. Based on this, it is now natural to talk about what the doctrine calls "cross-fertilisation", which leads to the "unionisation" of the Conventions and the "conventionalisation" of the European Union (Sionaidh Douglas-Scott, 2013, p. 5). However, there is not always uniformity of solutions between the two European courts, so that among them is the national judge, who must comply with both guidelines. This paper aims to explore how the national judge can accomplish this.

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The Right to Food, Deliberate Starvation, and the EU’s Response to International Courts’ Rulings

Author(s): Anna Oriolo / Language(s): English Issue: 2.1-Suppl/2024

This article examines starvation as a crime of global concern, particularly in situations of conflict and humanitarian emergencies, and the European Union’s role in combating this crime. The analysis focuses on the international and European legal framework on the right to food, the impact of armed conflict on this right, and the use of starvation as a method of warfare. The article concludes with a critical assessment of the EU’s response to food security threats, specifically in relation to the recent Israeli-Palestinian crisis.

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Aspects of Convergence in the EU’s Renewed Strategic “Vision” of the European Administrative Space

Author(s): Cristina Pătraşcu / Language(s): English Issue: 2.1-Suppl/2024

The set of “overarching principles” and shared values of member states, known as the “European Administrative Space”, from various documents of the European Commission and SIGMA, was revised in 2023 to adjust and upgrade the existing framework to the most recent practices and guidelines established by the OECD, the EU, and other international organizations. The present article explores this renewed vision of the consolidation of the European Administrative Space and the instruments that the European Union, especially the European Commission, will use to expand cooperation and offer support to Member States in planning and adapting their public administrations’ reforms for the current and future needs of their societies.

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Brief Considerations with Respect to the Gender Equality Principle at the National and European Levels

Author(s): Elisabeta Slabu / Language(s): English Issue: 2.1-Suppl/2024

Respecting the principle of equal opportunities and treatment between women and men is essential for the rule of law. This principle must be integrated into all aspects of social and economic life, and combating gender discrimination must be a priority for governments and public or private organizations. Gender equality is a core value of the European Union, a fundamental right, and a key principle of the European Pillar of Social Rights. Romania has developed and approved a series of legal measures to create the necessary framework for respecting this principle, but the implementation and enforcement of legislation in this area remain a challenge for both public authorities and private organizations.

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Modernizing the European Judicial Cooperation by Digitizing Cross-Border Proceedings

Author(s): Ioana Nicolae,Georgeta-Bianca Spîrchez / Language(s): English Issue: 2.1-Suppl/2024

The evolution of the digitization process has naturally been reflected in the field of justice, as well, with a legislative approach at European level aimed at coordinating efforts in this direction. The proposed article focuses on the European regulatory framework adopted in this area, the objective of which is to improve the efficiency of the justice system by reducing and simplifying administrative burdens, reducing the time and cost of settling cases, ensuring better and fairer access to justice.

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Conceptual Analysis of Special Mitigating Circumstances in Romanian and European Criminal Law

Author(s): Elena-Irina Rahimian (Cîrciumaru) / Language(s): English Issue: 2.1-Suppl/2024

Despite the emergence of new criminal legislation and the reconfiguration of the application framework for mitigating circumstances, the scope of their applicability and the timeframe within which they may be invoked remains far from uniformly clarified at both the national and European levels. This lack of clarity persists despite numerous rulings by the Constitutional Court of Romania accepting certain exceptions of unconstitutionality or providing interpretative guidance, as well as unifying decisions on judicial practice issued by the Romanian High Court of Cassation and Justice (Î.C.C.J.) in the field under examination. Consequently, I deem it necessary to conduct an in-depth study of the special mitigating circumstances for penalty mitigation within Romanian and European criminal law, in order to contribute toward a more coherent understanding and practical application of these provisions.

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Artificial Intelligence - Curse or Blessing Historical Analysis of Digital Developments up to the First European Law on Artificial Intelligence (AI-Act)

Author(s): Julia Krenn / Language(s): English Issue: 1/2024

Changes in the way people live and work, driven by digitalization and automation, have always triggered fears. Developments in the field of digitalization and automation, as well as the use of artificial intelligence, which has been the subject of much discussion recently, require people in all areas to have a certain degree of adaptability. Increasing complexity, the loss of jobs and the challenges of data protection are just a few examples of the challenges facing not only society but also legislators. The simplification of daily life and the increasing efficiency gains made possible by AI are some of the arguments in favor of using AI. The EU law on artificial intelligence aims to ensure that AI systems brought to market and deployed in the EU are safe and in line with the EU's fundamental rights and values. The groundbreaking proposal is also intended to promote investment and innovation in the field of AI in Europe.

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Private Life, Object of Criminal Protection in the European Context

Author(s): Mihaela Rotaru / Language(s): English Issue: 1/2024

The present action comes as a result of some recent legislative changes, at the level of Romania, more precisely the criminalization of "revenge pornography", but not as a distinct act, according to the provisions of the Criminal Code, but as a variant of committing the crime of violation of private life. Taking into account the provisions of the European Convention on Human Rights on the right to private life, we want to analyse to what extent and how the national legislator of other Member States of the European Union understood to criminalize the behaviour mentioned above. Moreover, considering the criminalization of child pornography, from the European Council Convention on Computer Crime, as well as from the Directive 2011/92/EU of the European Parliament and of the Council of December 13, 2011, we want to analyse the opportunity of the existence in Romanian legislation of a distinct criminalization, with the name of "revenge pornography", in the same title of the special part of the Criminal Code as the crime of child pornography, taking into account the protected social value, while observing whether such an orientation is found in the criminal legislation of other Member States. Another aspect that will be considered from the perspective of applying the law to different cases brought to justice is that related to international judicial cooperation when the object of criminal protection is private life.

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PRELIMINARII ÎN LEGĂTURĂ CU EFECTELE EXPERTIZEI TEHNICE JUDICIARE

Author(s): Romeo-Alexandru Perlik / Language(s): Romanian Issue: 12/2024

The study examines the procedure regarding the technical forensic expertise, paying particular attention to quality and speed, emphasizing the importance of the procedure for its evidentiary force within an optimal and predictable timeframe. Analyzing the regulations of the Civil Code, the special law, as well as legislation and concerns from the E.U. and the Republic of Moldova, we believe that multiple resources can be found for favorable effects in carrying out the technical forensic expertise.

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HOTĂRÂREA CJUE C-202/24 DIN 29 IULIE 2024. MANDATE DE ARESTARE EMISE DE REGATUL UNIT. CURTEA STABILEŞTE CONDIŢIILE ÎN CARE ACESTEA POT FI EXECUTATE ÎN UNIUNEA EUROPEANĂ, POST BREXIT

Author(s): Răzvan-Gabriel Dalu / Language(s): Romanian Issue: 12/2024

The Supreme Court of Ireland has decided to refer a preliminary question to the Court of Justice of the European Union regarding the interpretation of existing legal provisions at European level regarding the procedure for the execution, post-Brexit, of an arrest warrant issued by United. The kingdom. On this occasion, the Court of Justice of the European Union clarified a multitude of aspects regarding the interpretation and application of the relevant legal provisions.

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Some Aspects Related to the Competent Bodies in the Matter of Budgetary Control

Author(s): Adriana Moţatu / Language(s): English Issue: 1/2024

The fight against fraud needed regulation, and even more, to be the main object of the activity of specialized bodies. Thus, in 1988, the task force "Anti-Fraud Coordination Unit" was created, formalizing the fight against fraud and corruption and protecting the EU's financial interests. In 1995 (July 26), through Council Act 95/C 316/032, the "Convention on the protection of the financial interests of the European Communities" was introduced. In 1999, OLAF (the European Anti-Fraud Office) was established, so that in 2017 (12 October) to establish the European Anti-Corruption Prosecutor's Office - EPPO, through Council Regulation (EU) 2017/19393. EPPO becomes operational from June 2020.

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The Approximation of the Albanian Procurement Legislation with the EU Legislation

Author(s): Kristinka Jance,Mirjam Reci / Language(s): English Issue: 2/2024

Public procurement is a process performed by the Contracting Authorities which select the Economic Operators through a public competition, to enter into public contracts for the provision of goods, services, or works, against payment from public funds. The area of public procurement is very important in the management and spending of public money because public procurement is the environment where public money is filtered to have the least possible misuse, and financial stability of state institutions so that they are more consistent in the functioning and development of professional activities. Therefore, in this context, the present paper will analyze the Albanian perspective on public procurement to comprehend its alignment with EU legislation. This paper is coherent with the integration process requirements imposed on Albania and will demonstrate the positive achievements reached and the long path ahead to become a member of the European Union family.

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