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A tagállami alkotmánybíróságok szerepe a nemzeti alkotmány védelmében és az uniós jog egyidejű tiszteletben tartásában – a 22/2016. (XII. 5.) és a 32/2021. (XII. 20.) AB határozat példáján keresztül

Author(s): Marcel Szabó / Language(s): Hungarian Issue: 1/2024

According to the case-law of the Court of Justice of the European Union, the primacy of EU law has an absolute nature: the lowest rule of EU law can prevail over the highest (constitutional-level) rule of the Member States, while all questions of interpretation and validity of EU law fall within the exclusive jurisdiction of the Court of Justice of the EU. Over the past decades, national constitutional courts have attempted in various ways to break through the wall of reasoning of the CJEU. In the context of the present contribution, the two most relevant decisions of the Hungarian Constitutional Court, namely Decision No. 22/2016. (XII. 5.) AB and Decision No. 32/2021. (XII. 20.) AB, will be examined in the context of the relationship between national constitutions and EU law.

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MANDATORY SUSTAINABILITY REPORTING – EVOLUTION OF REGULATION IN THE EUROPEAN UNION

Author(s): Maja Stojanović-Blab,Daniel Blab / Language(s): English Issue: 4/2024

In times of climate changes, social inequality and resource scarcity, responsible corporate governance is essential for sustainable global economic development. The importance of sustainability reporting lies in the fact that companies present their ecological, social, and economic impacts transparently to stakeholders and take responsibility for their actions. Through such reports, companies can show how they integrate sustainability aspects into their business strategy, implement them in their business activities and what progress they are making. Until the 2008 financial crisis, corporate sustainability reporting in the EU was based on voluntary reporting, but this was replaced by mandatory sustainability reporting because of the lessons learned from the financial crisis. The reasons for this included the fact that the voluntary principle of sustainability reporting only provided the hoped-for impetus for corporate management geared towards sustainability aspects to a limited extent and that the EU's political will to transform the economy and society into a sustainable one is intended to channel capital flows into sustainable companies and business activities by means of increased transparency. The aim of this paper is to show the current development of the EU Regulation on the road to mandatory sustainability reporting.

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Harmonization of Procedures in Romania with the Regulations of the EU Member States on the Limited Liability Company

Author(s): Florentina Camelia Stoica,Cristina Cojocaru / Language(s): English Issue: 2/2024

The latest legislative amendments to Companies Law no. 31/1990 are expected to be well received by the business community, being described by the legislator, among others, as a relaxation of the conditions for registration and operation of the Limited Liability Company. Thus, significant changes concern the elimination of the minimum value of the share capital for this type of company, as well as the emphasis of the new provisions on the will of the shareholders regarding the transfer of shares, by removing the term of opposability to transfer provided in favour of third parties. Without claiming a thorough analysis of the matter, the article aims to highlight the most important aspects of the selegislative changes.

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Enforcing EU Legislation on Tourism in Albania: Challenges of Tourist Protection on the Travel Package Contracts

Author(s): Bledar Abdurrahmani / Language(s): English Issue: 2/2024

The study provides the challenges enforcing EU legislation on tourism in Albania, focusing on tourist protection in the travel package contract. The primary objective is to evaluate the role of the European Union in improving thel egislation in the tourism sector in member states or aspiring ones, and the legal instruments used to govern tourism in the EU and Albania. The main aim is to highlight the alignment of domestic tourism legislation with community law and assess whether it has improved the standards for tourist services. This paper supports the hypothesis that the slow implementation of legal reforms in tourism enterprises is not contributing to the expected success of this sector. To prove this hypothesis this study relies on the analytic research method, theoretical consultation with important legal documents in tourism, and the historical interpretation of the legal reforms carried out during this period. The study also uses the comparative method to examine the impact of the criteria set out in European Union legislation in tourism and their transposition into domestic law in the context of Albania’s EU integration. Strengthening consumer rights is a challenge for countries in a perpetual transition like Albania. Undoubtedly, the protection of the tourist consumer, even though at first sight it represents protection ‘for luxury services’, is one of these objectives of general consumer protection. Therefore, it is necessary, not only that the Albanian legal framework regarding travel package contracts complies with Community law, but also that the tourist consumers be sensitized about their rights, as well as that the enforcement of the law by the responsible institutions should be strengthened. The main findings are that even though there is a legal basis aligned with community law that regulates and protects the interests of the tourist consumers in the travel package contract, it has not provided the appropriate effects due to the lack of tourist entrepreneurs’ willingness in the field of tourist travel to enforce legal requirements, negligence of the customers to protect their rights and mainly of the state authorities in enforcing the law.

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THE RIGHT TO DISCONNECT

Author(s): Izabella BOKOR-SZŐCS / Language(s): English Issue: 29/2023

The right to disconnect is an increasingly urgent issue in the context of labor law and human resources because in the digital age, connectivity often has negative effects on the mental health of employees. The phenomenon is not new, but in the 1990s, what started naively with an urgent telephone conversation once a week between the employer and the employee outside working hours quickly progressed into dozens of e-mails or conversations on WhatsApp groups between the company's employees, the pursuit of which is of course not a contractual obligation, but rather an expectation from the employer. This paper is focusing on the existing legal framework on the European Union level, Romania, and other member state,s and the directive proposal regarding the right to disconnect.

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A „mesterséges intelligencia” EU általi szabályozásának dilemmáiról és kihívásairól

Author(s): Gyula Fábián / Language(s): Hungarian Issue: 2/2024

Artificial Intelligence (AI), although a marketing concept since 1956, has emerged as a substantive source of law in the last decade. The European Union realized quite soon that its Member States were lagging behind in the development of AI and decided to be the first to regulate AI as a compensation. The final product of this process is Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonized rules for AI, which I have analysed in my paper from the perspective of regulatory challenges.

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DIGITIZATION DEVELOPMENT OPPORTUNITIES IN HUNTING MANAGEMENT IN HUNGARY

Author(s): Balázs Szabó / Language(s): English Issue: 3/2024

In the course of my scientific research so far, I have investigated many areas of professional administration from the point of view of how information communication devices (especially smartphones and drones) can improve and make the administration of the area more efficient. Of these, hunting management stands out for me and is particularly important, which is the main focus of this study. There are several reasons for this. On the one hand, I hunt myself, and as a senior official of the county's hunting civil organizations, I have a broader knowledge and network of contacts about the background of the area's administration and operating rules than the general citizen's perspective. On the other hand, in this area, I came to the formulation of a research result, which I hope will be able to be put into practice in the future, to convince the legislator of its raison d'etre. There are many opinions regarding what hunting can be considered: a leisure activity, a form of sport, or a way of life. I myself am a supporter of the latter definition, since we are talking about a complex activity that cannot be grasped solely from the aspect of one characteristic. Accordingly, the regulation of hunting is also a complex area of law covering several branches of law, which includes elements of civil law, criminal law and, of course, administrative law, but can also be approached from an environmental law point of view. I believe that this fact also clearly shows that it is useful and by now even expected that the authorities can carry out better administrative processes in relation to the administration of the area with the help of the best possible technical support. In the following, I would like to support the applicability of drones and smartphones, especially by presenting the concept of the e-register of hunting.

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The Role of Trademarks in Kosovo: Steps Towards Harmonisation with the EU Normative Framework

Author(s): Ermonda Zogiani / Language(s): English Issue: 3/2024

The main aim of this paper is to analyse the treatment and importance of trademarks in Kosovo and the need to harmonise the legal framework of the Republic of Kosovo with that of the European Union. The inadequate legal framework, which led to inconsistencies between local and European legislation, caused numerous problems in practice, regarding the ineffective implementation and insufficient protection of these rights. To avoid these legal gaps and find adequate solutions to the identified problems, a new legal infrastructure was created with the entry into force of Law No. 08/L-075 on Trademarks in Kosovo, with the aim of promoting the economic development of the country by encouraging businesses, increasing investment, ensuring fair competition and protecting consumers. The amendment of this law comes as a necessity for its compliance with EU Directive 2015/2436 and Directive 2004/48/EC of the European Parliament and of the Council. Trademarks are of great importance, especially in the business sector, because further development of this legislation will create a safe environment for businesses, which will have an impact on the economic development of the country. In this paper, we have used comparative historical and case study methods. The result of this paper will contribute to further improvements of our trademark legislation, as well as to the legal doctrine in Kosovo that lacks such.

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Reflections on the Timely Application of the Civil Law in the Heritage Matter

Author(s): Liviu Alexandru Narla / Language(s): English Issue: 3/2024

After 1989, in the context of Romania’s return to representative democracy, the transition to the market economy, the start of the Euro-Atlantic integration process and Romania’s accession to the European Union, an extensive resistematization of the legislative corpus was imposed, with the Civil Code finally being adopted, which under art. 220 para. (1) from Law no. 71/2011 for the implementation of Law no. 287/2009 regarding the Civil Code, published in the Official Monitor of Romania, Part I, no. 409 of June 10, 2011, entered into force on October 1, 2011. In essence, the Civil Code from 2009 ensures the inheritance in general and the unworthiness of the successor in particular, a modern, flexible and coherent regulation, at the same time capitalising on the solutions proposed in the civil codification projects from 1940 and 1971, as well as those from foreign codifications, with mainly from France, Italy and Québec. The entry into force of the Civil Code from 2009, however, has generated a difficult challenge for practitioners of the law regarding the method of time applications of the civil law on inheritance, with especially in terms of the opening of the inheritance, its transmission and devolution, the report successions can stretch even over decades. In this context, the present approach aims to provide a coherent interpretation regarding the civil law applicable to the legal acts or facts found in closely related to the relationship of succession law.

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Good Administration in the View of the Institutions of the European Union. Theoretical and Practical Aspects

Author(s): Samuel Mireuță / Language(s): English Issue: 3/2024

The right to good administration is provided by the Charter of Fundamental Rights of the European Union. This right presupposes that any person is recognised as having the right to benefit, as regards his problems, from impartial, fair treatment and within a reasonable time from the institutions, bodies, offices and agencies of the Union. The guardian of this right is the European Ombudsman. This concept of good administration is associated with the rule of law, legality, transparency, efficiency, effectiveness, democracy and implies that the institutions of the European Union must comply with certain standards. The author proposes as objectives: (i) Analysis of the right to good administration in the existing documents at the level of the European Union: the Charter of Fundamental Rights, the Maastricht Treaty on the European Union, the Lisbon Treaty on the functioning of the European Union, the European Code of Good Administrative Behaviour; (ii) refer to the specialised literature in the analysis carried out; (iii) to refer to case law. The author uses content analysis as a qualitative research method. The study shows different paradigms regarding the concept of good administration.

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SOLIDARITY PRINCIPLE IN THE EU. COMPARATIVE ANALYSIS OF APPLICATION IN THE FIELDS OF DEFENCE AND MIGRATION

Author(s): Nicoli Vanni / Language(s): English Issue: 4/2024

The principle of solidarity has played an important role in the political and institutional dynamics that have accompanied the process of European construction and integration over the years. The first starting point that formed the basis of the current European Union comes from the words of Schumann. In his famous declaration of 1950, the French politician proposed the construction of a 'European Coal and Steel Community', whose members would pool the production of these two elements (precisely coal and steel). In particular, Schumann, emphasizing the impossibility of building a united Europe in a short period of time, pointed out that the success of this initiative would have to come through the resolution of the long-standing and deep-seated rivalry between France and Germany. Furthermore, focusing on the common production of the two energy resources mentioned above, so important in the industrial processes of the time, would lay a common foundation, again according to Schumann, for a prosperous and shared path of economic-industrial development, in the name of economic solidarity between the member states.

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Res Judicata and the Principle of Effectiveness of European Law: A (Sometimes) Difficult Encounter?

Author(s): Anamaria Groza / Language(s): English Issue: 4/2024

The res judicata produced by court judgments in EU Member States has sometimes been called into question by the CJEU, in order to ensure the effete utile of Union law. The judgment delivered by the Court following a preliminary reference by the Brașov Court of Appeal must be understood in this perspective. The Court’s reasoning is interesting because it expresses the fine balance between respecting the effects of a final judgment of national courts and the useful effect of EU law, helping to understand the Court’s view on the interplay of the two principles. On this occasion, the CJEU recalled the rule derived from its previous judgments that the referring court must apply the Court’s interpretation, even if the fulfilment of this obligation would amount to leaving unapplied a national rule which obliges the referring court to comply with the decisions of a higher court, including constitutional ones. Although the CJEU tends to generalise the principle of effectiveness of Union law as a derogation from res judicata, the Luxembourg court is also concerned with reducing the negative impact on the scope of the res judiciata at the domestic level, by setting out criteria of assessment left to the national courts. We seek to discover these criteria on the basis of descriptive and explanatory research, accompanied by relevant case law.

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EUROPEAN ROMANIA TRIP IN THE 17 YEARS OF INTEGRATION

Author(s): Cristian Popa,Veronica Mihalache / Language(s): English Issue: 4/2024

This paper highlights a synthetic balance of the 17 years of European Romania, a period in which, we believe, Romania has learned to be one of the most active promoters of the continuation and deepening of the integration process in the great European family. From this perspective, we aim to highlight brief empirical observations on some of the most relevant dimensions (political, economic, social and security) that define this integration process. At the same time, the reference year marks a temporal “boundary” that, on the one hand, delimits pre- and post-pandemic Europe and, on the other hand, makes it a witness to a military conflict that is unacceptable and incomprehensible in this century. There are two new challenges that "test" the capacity for adaptation and European decision-making, but, above all, unity on the future of the community. We appreciate that the “Much more together” scenario - promoted by Jean Claude Juncker, in 2017, shows us that the commitments to the established political, economic, military and security priorities can only be achieved through complementarity and further deepening the accession process. So, we need a more united, stronger and more cooperative community, especially in the current context of insecurity on its eastern border.

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CONSTANCY AND CHANGE IN PUBLIC ADMINISTRATION AND ADMINISTRATIVE LAW

Author(s): András Torma / Language(s): English Issue: 4/2024

The connection of public administration and public administrative law to the state is indisputable. Therefore, if the state system changes, then after a longer or shorter time, public administration and public administrative law will necessarily change as well. At the same time, there is no doubt that not infrequently some state and public administrative bodies and legal institutions continue to live. Administrative law is one of the most important branches of law in the legal system of every state, so its changes will necessarily affect society. Based on all these, it cannot be denied that public administration and public administrative law are characterized by both permanence and change. The author reviews these facts and circumstances in the study, embedded in a historical aspect.

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PRUDENTIAL MANAGEMENT OF BANKS’ RISKS FROM CRYPTOASSETS

Author(s): Zoltán NAGY,Zsófia Farkas / Language(s): English Issue: 4/2024

In recent years, there has been a significant increase of public interest in cryptocurrencies at a global level. As their use continues to grow and the crypto space expands further, so do the regulations governing cryptocurrencies around the world, which are by no means easy to keep up with. The absence of a legal framework for these decentralised and anonymous instruments could create major problems for the banking sector. The legal status of cryptocurrencies varies considerably from one state to another. In some countries there is an absolute ban, in others their use is authorised. Regarding Hungary, there is still a long way to go in terms of the regularization, as currently no banks or financial institutions recognize cryptocurrencies as regular means of payment. In June 2022 the Basel Committee of Banking Supervision has approved a standard set of final guidelines on the prudential treatment of banks' exposures to cryptoassets, which might also help this process. This study seeks to explore the risks to the banking system posed by cryptocurrency trading and whether there is any prospect of cryptocurrencies being legalised in Hungary.

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NECESSITY AND CHALLENGES OF DIGITAL TRANSFORMATION IN PUBLIC ADMINISTRATION

Author(s): Sorina-Mihaela Bălan,Daniel-Cornel Bălan,Liliana Bălan / Language(s): English Issue: 4/2024

In the contemporary context, the call for digital transformation resonates widely, especially in Public Administration (PA). The goal of digital transformation in PA is to improve public service delivery, enhance government efficiency, and effectively engage citizens. This involves implementing E-Government Services, digital platforms, data-driven decision-making, and open data initiatives. The exploration is centred around key questions regarding value creation, extending the value proposition, incorporating human-cantered innovation, designing an adaptable organization, and identifying digital capabilities at various levels. The assessment includes investigating the impact of digitalization on public services, enhancing the value proposition in the digital future, integrating human-cantered innovation, designing an organization responsive to ongoing changes through digitization, and identifying necessary digital skills. M-Government initiatives, robust cybersecurity measures, and collaboration with the private sector contribute to streamlined processes, fostering citizen engagement. The transformative endeavour is organized around three pillars: Performance, Organizational dynamics, and Collaboration, addressing digitization's potential to generate value, strategies for future value propositions, innovation integration, adaptable organizational design, and essential digital capabilities across organizational levels. The overarching aim is to make government services accessible, efficient, and responsive in the digital age, the opinions of young students, future employees, and promoters of digital transformation are interesting!

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Distincția dintre vârstă și vechime în muncă/în serviciu, vechime în funcție/specialitate, vechime la același angajator, din perspectiva instituției discriminării

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Distincția dintre vârstă și vechime în muncă/în serviciu, vechime în funcție/specialitate, vechime la același angajator, din perspectiva instituției discriminării

Author(s): Elena Daniela Oprescu / Language(s): Romanian Issue: 01/2025

Establishing rights in employment relationships based on age is not allowed, as it constitutesindirect discrimination.In matters of discrimination, it is important to distinguish the criterion of age from concepts suchas length of service, time in service, time in a position/specialization, or time with the same employer.These notions may be considered synonymous with age, given the important role age plays in theirscope. However, their use in determining rights for employees does not lead to age-baseddiscrimination.For example, the CJEU has established that professional experience or loyalty to an employerare not inextricably or determinately linked to age, and it cannot be concluded that any difference intreatment based on loyalty or professional experience constitutes age discrimination. Additionally, ithas ruled that granting annual salary increases (seniority bonuses) is legal, as these serve to rewardthe worker’s loyalty and experience, representing a legitimate aim of wage policy. The Court notedthat, generally, the use of the length of service criterion for awarding salary increases can be accepted,as seniority corresponds to professional experience.Both national and European law have aimed to preserve traditional age-based institutionsexisting in the labor market, such as: pay based on length of service, recruitment based on professionalexperience or seniority in a specific field, and the selection of candidates in competitions based onexperience in the profession.

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Waste in the EU Law

Author(s): Jarmila Lazíková,Ľubica Rumanovská / Language(s): English Issue: 2/2024

Definition of waste in the EU legal regulations is very vague. Therefore, the Court of Justice of the EU and the European Commission (by its guidance) try to help to the national courts with the interpretation of the concept of waste. There are many judgements that offer examples and circumstances that should be considered when defining a substance as waste. However, the fact that the concept of waste depends on the verb ‘discard’ which should be interpreted according to the relevant circumstances in the particular cases causes that the concept of waste remains still very vague. The situation is also complicated by the fact that the concept of waste does not have the same meaning with other relevant international documents. The aim of the paper is to collect the last development of the concept of waste in the judgements of the Court of Justice of the EU. In the paper, there are pointed out how the relevant circumstances of the word ‘discard’ should be considered in the present view of the Court of Justice of the EU. In conclusions, we try to summary the main categories of waste regarding the interpretation of the verb ‘discard’.

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Regulation on Abuse of the Dominant Position of the Western Balkan Countries with EU Practices

Author(s): Gani Asllani,Bedri Bahtiri,Simon Grima / Language(s): English Issue: 3/2024

In this paper, we analyse competition as a basic element of the market economy and compare the extent to which the countries of the Western Balkans have managed to adapt the best practices of the European Union. The paper has a special focus on the dominant position of enterprises and the regulation of these enterprises. A comparative analysis of data collectedfrom primary and secondary sources is conducted to demonstrate the current state of competition in the Western Balkan countries and to determine the most appropriate tools to build a strong and efficient competition regime. The analysis shows that the field of abuse of dominant positions is one of the most complex and that reinforcements are needed in terms of its treatment and regulation. The findings from the study reveal that the national competition authorities are still in a stage of development and more ought to be done to create an adequate regime. Based on the findings from the research, the paper emphasises recommendations for further harmonisation of the regulations in the field of competition between the countries of the Western Balkans and the European Union.

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Assessing the Security of Privacy Rights and Data Protection in Albania: A Critical Analysis Within the European Legal Framework

Author(s): Heliona Miço (Bellani),Egla Leci / Language(s): English Issue: 4/2024

This paper adopts an analytical approach to the regulation of the right to privacy within the normative foundations of the European Union’s General Data Protection Regulation (GDPR), offering a comparative perspective with the Albanian legal framework. The paper elucidates the reasons that led to the enforcement of the GDPR and delves into the challenges arising in the field of data protection due to technological advancements. The comprehension of the GDPR approach will serve as a benchmark for comparing the progress of the implementation of data protection in Albania. This discussion will underscore the ongoing process of legislation harmonization with the EU 'Acquis communautaire', aiming to pinpoint potential disparities between the General Data Protection Regulation (GDPR) and the Albanian Law on Data Protection. The paper will scrutinize various data protection breaches occurring from 2021 to 2022 in Albania, events that cast doubt on the legal framework concerning the right to privacy and its practical implementation. These instances of data breaches illuminate the challenges within the legal framework and its execution, underscoring the vulnerability of the state in the face of technological advancements. This emphasizes the imperative for proactive measures to enhance the protection of personal data and the right to privacy.

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