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UZASADNIONA POTRZEBA CZY HISTERYCZNY STRACH PRZED TERRORYZMEM NA PRZYKŁADZIE UNIJNYCH ROZWIĄZAŃ UTRUDNIAJĄCYCH DOSTĘP DO BRONI PALNEJ

Author(s): Ireneusz Dziubek,Bogumiła Pawlaczyk / Language(s): Polish Issue: 2/2021

The Paris events recorded in November 2015 once again made people realize that Europe may also be the area of influence of contemporary terrorism. Individual countries and international organizations look for solutions that will improve security and thus reduce the risk of other attacks. One of the ways to reduce the potential risk of acts of terror is the imposition of restrictive regulations by the European Union regarding access to firearms and the sale of firearms. The article identifies contemporary terrorism as one of the most serious threats to international security. It presents and analyses formal, legal, and institutional solutions used in the fight against the phenomenon of terrorism. First, the analysis focuses on the solutions applied by countries belonging to the United Nations Organization (UNO), and then the regulations adopted by the European Union. The rules governing the access to firearms by EU citizens, as well as the rules regarding the trade in firearms in the territory of the EU and the impact of these solutions on reducing the risk of terrorist attack, were analysed in detail.

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ПРОБЛЕМА БАНКРОТСТВА В СТРАНАХ ЕС В СОВРЕМЕННЫХ УСЛОВИЯХ

Author(s): Irina Cvetkova / Language(s): Russian Issue: 1/2023

The relevance of conducting research on this issue results from the consequences of the COVID-19 pandemic, which fundamentally changed the global economy, provoking a global recession. Legal entitiessuffered significant losses, being the main subjects of economic activity, and, as a result, individuals becameinsolvent. This was followed by the energy crisis, which caused a second recession and massive bankruptcyof businesses and individuals – consumers. Under the conditions of a difficult epidemiological, economicand geopolitical situation, the EU countries were forced to create additional legal mechanisms in order tomore effectively regulate the institution of bankruptcy. The aim of the study is to analyze the consequencesof the COVID-19 pandemic and the energy crisis, their impact on the growth of bankruptcies in EU countriesand measures taken to improve the economy and protect the fundamental rights of individuals to return themto economic circulation. The trends and conclusions formulated by the author allowed to emphasize theimportance of applying bankruptcy proceedings. The article uses theoretical and empirical research methods.

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ANALIZA PORÓWNAWCZA INCYDENTÓW ZWIĄZANYCH Z BEZPIECZEŃSTWEM INFORMACJI W ADMINISTRACJI PUBLICZNEJ W WYBRANYCH KRAJACH UNII EUROPEJSKIEJ

Author(s): Dominika Lisiak-Felicka / Language(s): English Issue: 134/2023

The article presents the issue of information security incident management in public administration. The goal of security incident management is to minimize the negative impact of incidents and ensure the continuity of the organization's operations. It is critical to know what the threats are, including the number and types of incidents reported. The article outlines key incident management and legal issues related to the topic of security incidents and the work of computer incident response teams. Examples of incidents that took place recently in public administration units in Poland were also presented. This was followed by an analysis of statistical data on reported incidents in Poland in the years 2020-2022, and the results were compared with the number of incidents reported in selected European Union countries. The results of the study show that the dominant type of incidents is fraud (mainly phishing), and public administration is one of the main targets of cybercriminals' attacks. Difficulties in conducting such comparative analysis have also been demonstrated.

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Artificial intelligence and fundamental rights: between collision and compatibility in the vision of the Council of Europe

Author(s): Ruxandra Andreea Lăpădat / Language(s): English Issue: 02/2024

This article explores the efforts of the Council of Europe towards regulating artificial intelligence (AI), with a focus on its use within the justice system. Analyzing international legal efforts is important in order to observe various regulatory approaches to AI globally, ranging from the US's capitalism-based model to the European focus on protecting fundamental rights. These approaches, regardless of their legal force, require integration and adaptation into the national legislative framework currently under consolidation. The Council of Europe was chosen for analysis because it has a rich, detailed activity that addresses the subject of technological innovation comprehensively, being centered on a multidisciplinary perspective. Additionally, the organization shows rigor in analyzing the ethical perspective and the protection of fundamental rights as the primary goal in the context of the intensive use of AI across all areas of life. We are thus witnessing an adaptation of the philosophy of law to include new concepts that have emerged in the AI era, ensuring that technological progress does not undermine human essence and its values. The present research therefore aims to demonstrate the utility of an interdisciplinary approach to navigate the ethical and legal implications of incorporating AI into everyday life.

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Assessing the Effectiveness of International Climate Agreements in Mitigating Global Warming

Author(s): Anna Mravcová / Language(s): English Issue: 1/2025

This paper provides an in-depth evaluation of the effectiveness of international climate agreements in addressing the issue of global warming. As concern about climate change increase, global collaboration has become crucial in designing and implementing strategies to reduce emissions of greenhouse gases. The study reviews major international agreements, including the Kyoto Protocol, the Paris Agreement, and the subsequent Kyoto Climate Agreement, exploring their internal mechanisms, goals, and results. Drawing on empirical data, it assesses how well these agreements have performed in real life as regards limiting the global warming. The paper also discusses the challenges and obstacles in the process of implementing the agreements, such as compliance difficulties, political hurdles, and the involvement of various stakeholders. By synthesizing current research and policy insights, the paper aims to enhance public understanding of the effectiveness of these agreements and provides recommendations for improving their impact in tackling the urgent threat of climate change.

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Fundamental Rights Within the European Arrest Warrant

Author(s): Cristinel Ghigheci,Vlad Neagoe,Roxana Matefi,Diana-Geanina Ionaş / Language(s): English Issue: 4/2024

The mechanism of the surrender of wanted persons on the territory of the Europen Union experienced a natural evolution over time with the construction of European integration and the development of the area of freedom, security and justice. Starting from the traditional difficult extradition procedures in which the political factor was decisive, it was now established a judicial procedure under the jurisdiction of independent and impartial courts, in which only legal criteria are intended to be applicable, with the total exclusion of political decision-makers. Given that the European Arrest Warrant (EAW) is based on mutual trust between the judicial authorities of the member states, it works in the vast majority of cases. However, the principle of mutual trust between member states is not an absolute one and has encountered some limitations, allowing the refusal to execute the European arrest warrant in certain situations, in which the concrete violation of the right to a fair trial or the suffering of degrading and inhumane treatments would be found.

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European Union Legal Framework of State Aid in Cultural Tourism and the Use of Notified Aid by Member States

Author(s): Tomáš Malatinec / Language(s): English Issue: 4/2024

This article explores the legal framework of state aid in the European Union, focusing on aid for cultural tourism. Grounded in Article 107 of the Treaty on the Functioning of the European Union, which generally prohibits state aid to prevent market distortions, the study highlights the exceptions for cultural, heritage support and audiovisual works. Employing a comprehensive analysis of notified state aid measures from 2010 to September 2024, it examines usage trends among EU member states, noting significant shifts in response to regulatory changes, such as the 2014 General Block Exemption Regulation, and the COVID-19 pandemic. The findings indicate that France and Spain are major users of notified aid, while Luxembourg and Portugal did not utilize such aid. A decline in notified measures between 2013 and 2015, followed by a rise during the pandemic years and a subsequent decrease, is observed. The study emphasizes that while the frequency of notified aid measures is analysed, the financial volume of these aids is not covered, which could further elucidate the scale of support provided.

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Overview of the European Union as a Sea Policy Actor

Author(s): Mihaela-Augustina NIȚĂ / Language(s): English Issue: 29/2023

This article provides a concise overview of the European Union's involvement in sea-related policies, covering maritime and marine policies, EU fisheries policy, environmental initiatives, blue growth strategy, and sea management practices. With Europe's extensive coastline and a coastal population of 214 million within the EU, the significance of these policies is evident. The article traces the historical evolution of these policies, emphasizing the transition from the community method to intergovernmental approaches in recent maritime policy developments. Legal foundations, particularly for the Common Fisheries Policy (CFP) and Marine Strategy Framework Directive (MSFD), highlighting the role of the European Parliament in legislation. The importance of EU-Member State collaboration in safeguarding marine ecosystems has also been tackled in this paper. The article underscores the EU's significant role in sea-related policies, reflecting its commitment to responsible marine activities. It identifies policy challenges and suggests potential solutions, paving the way for a more integrated European approach to seas and oceans.

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Religious symbols in the public sphere- Analysis on Certain Central European Countries, Edited by Paweł Sobczyk, Published by Ferenc Mádl Institute of Comparative Law and Central European Academic Publishing, 2021

Author(s): Daniel Fodorean / Language(s): English Issue: 02/2024

Book review. The book „Religious Symbols in the Public Sphere - Analysis on Certain Central European Countries"1, published in 2021, is part of a series of books entitled Studies of the Central European Professors' Network which has as its main purpose "to present and address legal issues that are closely related to the Central European region, taking into account the legal traditions, culture and particular approach of the countries of this region.

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Le principe de consentement à l’impôt, approche comparative et évolution doctrinaire

Author(s): Oana-Andreea Ichim / Language(s): French Issue: 1/2023

The principle of legality of taxation is a structured principle for the State’s existence and for ensuring the governmental harmony. It appears at a superior level, after the monarchical absolutisme and the default obscurantism, and represents the obvious result of the social movements.The citi-zen consents to pay taxes and to be requested to pay them at the moment when he elects his repre-sentatives in Parliament. The principle is universal, present in all modern democracies and consti-tutes source of tax’s legitimacy. Although the principle of the legality of taxation is accepted and integrated, it remains a source of debate and doctrinal controverse. Beyond the simple mandate that the citizen gives to his representative in this matter, this principle provokes an important de-bate regarding the administration. We notice a terminological mutation, from taxpayer citizen to client/user citizen, mutation that suggests an administration transformation where the citizen awaits to obtain a concrete benefit as a result of his pecuniary contribution.

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ARTIFICIAL INTELLIGENCE AND THE NEED FOR STANDARDS AND ACCOUNTABILITY FOR PROTECTING HUMAN RIGHTS, DEMOCRACY AND THE RULE OF LAW

Author(s): Titus Corlățean / Language(s): English Issue: 1/2024

Within the last few years, there has been a large diversity of information on the revolutionary industry of Artificial Intelligence: daily news, online articles, statements from investors and policy makers, reports and guidelines published by international organizations, new books and academic works. All of these have occurred with impressive dynamics, while involving more and more people. This rich amount of data and information has brought about historical opportunities, significant progress in different activities, as well as developments in national policies. On the other hands, it increased awareness of potential risks and raised the accountability of both public and private actors in providing a clear and effective regulation to protect human rights, democracy and the rule of law within this innovative domain. Many countries have already taken legislative measures and issued rules on Artificial Intelligence. This progress marked a good start for a global approach, since the potential risks are not limited to a country or a region – the speed and inherent nature of AI can lead to a rapid spread of its negative effects worldwide, with irreversible consequences for humanity. To prevent these outcomes, significant work has been already done at international level to define, assess and address the risks as well as to enforce rules for governing risk management, while continuing to promote AI benefits and development. The present study aims to acknowledge the key role of the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law as the first ever international treaty on Artificial Intelligence in setting the standards for safely developing and using the AI for the benefit of humanity. It also highlights the important contribution of each party involved to what is now a coordinated path toward a safer use of Artificial Intelligence and trustworthy AI systems.

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SISTEM PRAVNIH LIJEKOVA PREMA DIREKTIVI (EU) 2019/771 O PRODAJI ROBE

Author(s): Anita Petrović / Language(s): Bosnian Issue: 2/2024

After the adoption of the new Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods, there have been significant changes in the field of European sales law, but the system of legal remedies for lack of conformity still occupies a central place. In case of a lack of conformity the Directive continues to follow the principle of pacta sunt servanda and preferes the legal remedies which will bring the goods into conformity, subsequent performance. Following the repealed Directive 1999/44/EC the two-stage „hierarchy of remedies“ has been maintained. In the first stage, the consumer has the right to have the goods brought into conformity via repair or replacement, if this is not possible due to specially prescribed reasons, then he can claim one of the rights from the second stage, price reduction or termination of the sales contract. Compared to its predecessor, Directive (EU) 2019/771 brings more precise legal rules which are in some cases a result of CJEU case law. The aim of the paper is to analyze the system of remedies therefor Directive (EU) 2019/771 is targeting at maximum harmonization and does not leave much freedom for Member States to maintain or introduce different legal rules.

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Legal Positivism, AI, and the Modern Legal Landscape: Challenges in Education, Research, and Practice

Author(s): Agnė Juškevičiūtė-Vilienė / Language(s): English Issue: 109/2024

In a world that is constantly evolving and modernising, new technologies and automation mean rapid progress in many areas of society, including law. This article aims to discuss whether artificial intelligence will have an impact on legal positivism by influencing the legal profession. This study will first discuss the foundations of legal positivism and the reasons for its crisis and criticism. It will then explore how AI is influencing legal education, research, and legal practice. Finally, it will draw conclusions and indicate how AI is affecting the development of positivism or the stagnation of this legal theory.

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Medical Malpractice: the Patient’s Right to Be Informed

Author(s): Maria Magdalena Bârsan / Language(s): English Issue: 19/2024

This article discusses the notion of medical malpractice, by approaching the implications and specifics it entails on a social and legal level, as caused by medical staff when performing their professional duties, namely granting medical care in a legal, authorized environment and with the respect of all professional standards which derive from any medical act. Given that any medical act entails some degree of risk, the obligation of the medical professional is that or undergoing any necessary measures in order to ensure the patient receives basic medical care, that the diagnosis is correct and the treatment plan is adequate. We will direct our attention to the respect of the patient’s rights as provided by national law, specifically the patient’s right to be informed, a right provided by the legal provisions in force at this time.

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O państwie członkowskim umiejscowienia ryzyka

Author(s): Paweł Machulak / Language(s): Polish Issue: 120/2024

The proper determination of the Member State in which the risk is situated can have an impact: on the determination of the Member State in which the insurance business is carried out, on the determination of the law applicable to the insurance contract or on the taxation of premiums. The purpose of this article is to discuss the concept of the Member State where the risk is situated, taking into account the case law that has developed on this issue. Particular attention is paid to the determination of the Member State of the location of the risk in the context of insurance contracts for third party account, as this issue seems to generate the most controversy in practice

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Źródła zróżnicowanej integracji Unii Europejskiej

Author(s): Janusz Ruszkowski / Language(s): Polish Issue: 3/2024

The aim of the research is to identify and classify the sources of differentiated EU integration, indicating their two groups. The first group consists of primary sources, inherent in the Member States, such as: motivations of states, different cultural, religious, historical or axiological identities of states, different legal traditions, as well as political differentiation in the Member States. The second group consists of secondary sources, because they result from the nature of the political system of the European Union and from the solutions of its subsystems: legal, institutional, processual or relational. The analysis is based on the neofunctional system of explanation and on the liberal intergovernmental theory. Neofunctional mechanisms can be observed in the dynamics of diversity of integration processes. Such dynamics will be examined on a territorial (geographical, subjective level) and objective level. Diversity has diffuse effects, located on the axis between the point indicating the risk of fragmentation and exclusion (spill-back) and, on the other hand, the point defining the moment of deepening integration and its expansion to new areas (spill-over). The ontological perception of differentiated integration also has a strong intergovernmental provenance, as it depends on the Member State. There are EU Member States that are more willing to engage in differentiated solutions, because they are less afraid of marginalisation and much more count on additional benefits from the effects of deepening cooperation.

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Competența de judecată exclusivă în sfera statutului personal – concursul dintre Codul de procedură civilă și regulamentele Uniunii Europene

Author(s): Bianca Maria Carmen Predescu / Language(s): Romanian Issue: 02/2025

The first problem in resolving the legal relationship with an element of foreignness inferred to the judgment is establishing the competence of judgement of the forum through rules of immediate application from its own legal system, imperative rules that determine the jurisdictional competency in international civil proceedings. The European Union regulations and the international conventions may also contain rules attributing jurisdictional competency to the authorities of the participating states. At this point, the question which arises is that of the competition between these rules of immediate application, a competition governed by the principle of specialia generalibus derogant. As regards the exclusive competence of the Romanian courts within the sphere of personal status established by article 1079 of the New Code of Civil Procedure, in the hypothesis of article 1079, points 1, 2 and 4, regarding civil status acts, adoption and protection of the adult through special guardianship and judicial counselling, the Romanian rule of jurisdiction does not enter into competition with European rules, it actually receives priority application. As regards the hypothesis of law given by article 1079 point 3, regarding the guardianship and curatorship of the minor, as well as that of article 1079, point 5, regarding divorce and parental responsibility, it enters into competition with the provisions on the matter, within the EU Regulation no. 2019/1111, which receive priority application, except in cases of subsidiary jurisdiction, when article 1079 points 3 and 5 receive priority application, precisely through the provisions of the regulation. As regards the matrimonial property regime, there is the EU Regulation no. 2016/1103, as a form of consolidated cooperation, to which Romania does not participate, and the rule of exclusive competency within the Romanian law applies as a priority, including the exception of non-competence given by article 1079 point 5 NCCP.

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Repere ale bunei-credințe în dreptul contractual nordic și român. Scurt exercițiu de drept comparat

Author(s): Bazil Oglindă,Eugen Sârbu / Language(s): Romanian Issue: 02/2025

Although the concepts of good faith and equity do not have an exhaustive regulation in nordic law, paradoxically, they have created a stable and predictable business environment through the valuable benchmarks developed by the doctrine and case law.From both a moral and pragmatic perspective, nordic law has identified a general principle of law (the principle of loyalty) and specific obligations of good faith in contracts, which clarify the application process of an extremely flexible codification.A legislative framework of only 8 pages generates the most stable markets in Europe, proving that not necessarily the most elaborate regulations provide the highest degree of predictability and clarity in business life, but, ultimately, regardless of the degree of detail in the legislation, the efficiency of contracts is primarily determined by the good faith of the parties involved.This research represents a comparative law exercise aimed at identifying and analysing the functions of the principle of good faith in the extensively codified romanian law, while reflecting on the functions of good faith in nordic law, where codification is extremely succinct. Through comparative analysis, this research seeks to explore a paradox that should invite romanian legal professionals to reflect, suggesting that the proper execution of a contract is rooted more in the sedimentation of fundamental principles rather than in an abundance of legislation.Case law studies show that in the romanian legal system, as well as in the nordic system, the factual situations arising during the execution of a contract can be so diverse that, no matter how detailed the codification of contractual law is, romanian courts often invoke the implications of good faith in order to provide legal resolutions for increasingly dynamic and atypical circumstances.

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Cerere de sesizare a CJUE vizând Regulamentul (CE) nr. 805/2004 al Parlamentului European și al Consiliului din 21.04.2004 respinsă ca inadmisibilă. Calitate procesuală pasivă a sucursalei unei bănci din străinătate înregistrate la BNR

Author(s): Ana-Maria Nicolcescu / Language(s): Romanian Issue: 02/2025

The section contains a selection of the most important decisions from the Romanian Courts. The decisions are selected and commented by authors. The emphasis of this section resides in the ability of each author to comment upon a relevant case-law and to comment upon the legal issue brought by the court. The decisions are summarized and grouped by law subjects. The decisions present the situation in question, the procedures, the arguments brought by the parties and the pronounced solutions. Each decision contains a short commentary relating to the legal issue analyzed by the court.

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The Temporary Employee's Right to Wages in Accordance with Legislation in Romania and other EU States

Author(s): Maria Cristina Ichim (Balaneasa) / Language(s): English Issue: 2/2024

This material aims to present the summary of the provisions of the legislation in Romania but also of some EU states regarding the right to salary of the temporary employee. Work through a temporary employment agency being an atypical work, it is natural that the salary of the temporary employee has some particularities (compared to that of a regular employee), and the purpose of this material is precisely the presentation of these particularities starting from the regulation of the Framework Directive 2008/104/CE.

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