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CONTINUER À RÉFORMER LA JUSTICE : LE MOT D’ORDRE DE L’UNION EUROPÉENNE À L’ADRESSE DE LA BULGARIE

Author(s): Nicolas Galliffet / Language(s): French Issue: 1/2015

Le dernier rapport de la Commission rendu le 28 janvier 2015 à propos de la Bulgarie est sans appel : « depuis le dernier rapport de la Commission publié en janvier 2014, les progrès réalisés dans le domaine de la réforme judiciaire ainsi que les avancées tangibles en matière de lutte contre la corruption et la criminalité organisée ont été lents », la référence à la lenteur des réformes menées s’apparentant, pour la Commission, à un euphémisme sous couvert de diplomatie. Ces rapports sont produits dans le cadre du mécanisme de coopération et de vérification (MCV).

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LA POLOGNE ÉPINGLÉE POUR LA QUALITÉ DE SON AIR : À PROPOS DE L’ARRÊT DE LA COUR DE JUSTICE DE L’UNION EUROPÉENNE DU 22 FÉVRIER 2018

Author(s): Natașa Danelciuc-Colodrovschi / Language(s): French Issue: 11-12/2018

« Un air plus pur pour l’Europe », tel fut le slogan affiché au moment de l’adoption, le 21 mai 2008, de la Directive 2008/50/CE du Parlement européen et du Conseil portant sur la qualité de l’air ambiant1. Elle entra en vigueur le 11 juin 2008, le délai de transposition dans les États membres ayant été établi au 10 juin 2010.

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Teoria impreviziunii din perspectivă europeană

Author(s): Ana-Maria Lupulescu / Language(s): Romanian Issue: 03/2025

The principle of binding force is a fundamental principle that traditionally governs the effects of the contract, finding its justification, depending on the historical era, on different considerations. Currently, regardless of its theoretical basis, this principle is recognized by all the legal systems of the European states. In this context, the question arises as to what the task of judge is - to require the parties to perform the contract literally, regardless of the consequences, so as not to contravene their will, or, on the contrary, to intervene to review the contract when it is clearly unfair and unbalanced.For these reasons as well, in most legislations, there are exceptions to the principle of the binding force of juridical acts, category that also includes the hardship theory. Therefore, the theory of hardship is now recognized by law and applied in a similar manner in all European legal systems, justifying the adaptation of the contract, preferably by renegotiation by the parties, but also as a result of judicial intervention.

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Insolvența transfrontalieră și reflectarea ei la nivel de legislație

Author(s): Emilia Mădulărescu,Cristina-Nicoleta Iachim / Language(s): Romanian Issue: 03/2025

The purpose of this article is a non-exhaustive examination of the regulation of cross-border insolvency, as regards the model law of UNCITRAL, transposed internally by the provisions of Law No 85/2014 (Title III, Chapter II), and European Regulation 848/2015, currently in force. After individualising the scope of each of the two pieces of legislation, the analysis focuses on regulation at EU level, as the EU regulation applies directly at national level without further transposition rules. We focus on how to determine international jurisdiction, in relation to the concept of the centre of the debtor’s interests’ (COMI), which will be examined in the light of the provisions of Regulation (EU) No 848/2015 and the case law of the CJEU. The analysis will continue with the presentation of the relationship between the main and secondary insolvency proceedings, from the point of view of the effects of each of them. Consideration will also be given to the combination of the abovementioned regulation with other acts of European law and legislative developments, given concrete expression by the adoption of Directive (EU) 2019/1023 on restructuring and insolvency and a proposal for a directive on the harmonisation of certain aspects of insolvency law rules of December 2022, which will be briefly presented.

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WAR, SANCTIONS AND EXEMPTION FROM LIABILITY UNDER CONTRACTS FALLING WITHIN THE SCOPE OF THE CISG

Author(s): Iryna Dikovska / Language(s): English Issue: 105/2024

This article analyses the circumstances in which war or sanctions preventing the fulfilment of a contract covered by the CISG entitle the parties to exemption from liability for a contractual breach. It addresses how contractual provisions relate to Article 79 of the CISG. It also focuses on the interpretation of contractual provisions exempting parties from liability for breach of contracts covered by the CISG. It reveals the conditions under which war and sanctions may constitute the grounds for exemption from liability under Article 79 of the CISG in cases in which a buyer or seller has relied on performance by a third party. Finally, the paper addresses the issue of a notification of impediment by the party in breach.

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ANALIZA PRAVNOG OKVIRA KAO IZVORA KONKURENTNOSTI ZASNOVANA NA IZVJEŠĆU SVJETSKOG GOSPODARSKOG FORUMA

Author(s): Drago Pupavac / Language(s): Croatian Issue: 4 (2)/2024

The rule of law is essential for fostering cooperation within and among regional groupings. It contributes to strengthening the competitiveness of national economies within regional and global economic systems, economic growth, and overall societal welfare. Three key areas where countries in the region often lag behind include the efficiency of the legal framework in challenging regulations, the efficiency of the legal system in dispute resolution, and the regulatory burden imposed by governments. This study examines the relationship between the efficiency of the legal framework in these three areas and the Global Competitiveness Index. The strength of the connection between the legal framework and the Global Competitiveness Index is analyzed for 137 countries included in the Global Competitiveness Report. The analysis also considers the relationship specifically for national economies categorized by different stages of economic development. The strength of the relationship is determined using statistical correlation analysis, followed by the application of analytical, synthetic, and comparative scientific methods to draw conclusions and provide recommendations for constructing a legal framework that enhances competitiveness on a global level.

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RECENT CHANGES REGARDING THE LAW APPLICABLE TO MAINTENANCE OBLIGATIONS IN UKRAINE

Author(s): Anna Juryk / Language(s): English Issue: 105/2024

The article concerns recent changes regarding the law applicable to maintenance obligations in Ukraine. The author analyzes the impact of the ratification of the 2007 Hague Protocol on the amendment of the Ukrainian Law on Private International Law of 2005. The accession to the 2007 Hague Protocol by Ukraine opens a new chapter in the scope of law applicable to maintenance in Ukraine. The law applicable to the maintenance obligation from parents in favour of children will no longer be determined by the connecting factor of citizenship but by the habitual residence. The habitual residence is the most appropriate connecting factor to determine the form and the amount of maintenance in a given situation. Determining the law applicable to the maintenance for children will be based on the correcting technique, designed to ensure that the creditor has the possibility of obtaining maintenance. In such a way the child’s interest is protected against the applicable law which does not guarantee such child the maintenance. Ukraine has joined the group of countries whose aim is to harmonize the governing laws applicable to the maintenance on a global scale because the 2007 Hague Protocol is the international agreement developed by the Hague Conference on Private International Law (HCCH).

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COMPANIES AS APPLICANTS BEFORE THE ECtHR: ANALYSIS OF JUDGMENTS OF THE ECtHR AGAINST THE COUNTRIES OF THE WESTERN BALKANS REGARDING THE VIOLATION OF ARTICLE 1 PROTOCOL 1

Author(s): Biljana Petrevska,Katerina Zhateva / Language(s): English Issue: 4 (2)/2024

This paper focuses on the judgments of the European Court of Human Rights (ECtHR, the Court) concerning countries in the Western Balkans region, where companies have been the applicants and where the ECtHR found violations of Article 1 of Protocol 1 of the European Convention on Human Rights (ECHR, the Convention). Considering that in recent years there has been a noticeable increase in cases involving companies as applicants before the ECtHR, it is of particular importance to examine this trend. Moreover, due to the fact that companies appearing before the ECtHR usually complain of violation of the right to property, which is a basic human right, and its violation can have serious implications on the business climate in the countries of the Western Balkans. Analyzing the specific judgments of the ECtHR will provide significant insights into the effectiveness of the legal protection of the property rights of companies in the region. In this context, the analysis of the specific judgments of the ECtHR aims to show the most frequent and repeated violations of the right to protection of property of the companies operating in the region. By examining the Court’s reasoning, policymakers and stakeholders can identify areas where legal frameworks and practices need improvement, ultimately helping to enhance the investment climate and promote business development in the Western Balkans

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ПРЕТЕЧЕ САВРЕМЕНИХ МЕЂУНАРОДНИХ ОРГАНИЗАЦИЈА

Author(s): Nemanja Danilović / Language(s): Serbian Issue: 4 (2)/2024

The functioning of modern international relations today is practically unthinkable without the action of international organizations. They represent the most significant subjects of public international law after states. As bearers of international legal subjectivity, they play a significant role in the construction of the global world order. Whether they are of universal or regional type, there are more and more of them, and states united in this form of functioning more easily realize their political, strategic, geopolitical, economic and other interests. Europe is the cradle of international organizations. The existence of this form of cooperation between states began immediately after the end of Napoleon’s wars of conquest on the old continent for the purpose of „the search for world peace“. Precisely for this reason, the author dedicated the paper to the forerunners of contemporary (governmental)international organizations, that is, to those forms of association of states that foreshadowed the creation of the international organizations we know today. Attention will be devoted to large international congresses as the first forerunners (Congresses of Münster and Osnabrück, Congress of Vienna, etc.), then river commissions (for Elbe, Rhine, Danube, etc.) and so-called administrative unions. Today, the United Nations represent the most important universal international organization in the world, and accordingly, the author refers to the League of Nations as its predecessor. International organizations represent a continuous process of association of states, and the modern world would not be the way it is without them. They are rightfully a „phenomenon of modern times“.

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Industrial designs in the era of change – revolution, evolution or stagnation?

Author(s): Kinga Wernicka / Language(s): English Issue: 1/2024

The article analyzes the amendments in Polish and European design law that have been just proposed by EU and Polish legislator. The registration proceedings of EU designs held before the EUIPO differs from the registration of designs proceeded by the Polish Patent Office (and by other national patent offices too). Due to the different scope of protection of Community designs and national designs the EU legislator wanted to introduce the harmonization within the procedural rules too. Polish legislator wants to change design law too. Consequently, EU legislator and Polish legislator have just proposed some amendments in design law. This study presents only examples proposed by EU and Polish legislator. They could be treated as revolution, evolution or stagnation. The basic research method for this article was analysis of EU and Polish design law (that is in force and proposed by EU and Polish legislator) and Polish and European practice of design law.

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Exploring some trademark issues in metaverse from EU law perspective

Author(s): Karolina Sztobryn / Language(s): English Issue: 1/2024

This article addresses some issues of trademark protection invirtual worlds. The increasing presence of trademarks in themetaverse, as evidenced by the growing number of trademarkapplications for virtual goods and services, is likely to intensify legalconflicts related to trademarks and, consequently, to lead to litigation.The development of virtual reality thus brings challenges for theinterpretation and application of traditional concepts and terms usedin the trademark system. This article analyzes issues that requireconsideration in the context of trademark protection in metaverse. Itdiscusses the issues of registering trademarks for virtual goods,assessing the similarities between real world goods and services andtheir virtual world counterparts, and the enforcement of the rights totrademarks, which were used without the owner’s consent inmetaverse. The analysis presented in the article leads to theconclusion that further development of the metaverse will certainlyforce a redefinition of traditionally applied enforcement principles,including those related to jurisdiction, as well as certain conceptsknown and interpreted for the application of the trademark system inthe real world, such as trademark use.

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Types of infringement of a right to trade marks with reputation in Polish and EU jurisprudence

Author(s): Joanna Sitko / Language(s): English Issue: 1/2024

This article aims at examining the extent to which the Polish andEuropean Union adjudication bodies apply the EUCJ guidelinesregarding determination of each type of the right to a trade mark withreputation (TMwR) infringement. The author analyses and interpretslegal provisions of EUTMR and argumentations of variety decisionsof European Union and Polish adjudication bodies concerning theproblem of an infringement of a right to a TMwR. A close analysis ofthe latest judicial decisions concerning the TMwR protectionindicates that, in principle, detailed guidelines regarding theoccurrence of each form of the TMwR infringement are already inplace. However, there are still some deviations from these guidelines,most notably in the Polish jurisdiction, since adjudicating bodies tendto see parasitism in the probability of association of juxtaposing trademarks alone. Thus, it happens that a three-step test on the likelihoodof transferring trade mark with reputation associations ontogoods/services designated with a third party mark (as describedbelow) is omitted. This is especially significant where a later sign isused for goods/service that are not similar to those that are signed bythe TMwR. Furthermore, an enhanced evidentiary standard appliedin the Intel case seems to be frequently absent in the practice of lawapplication. Changes in the economic behaviour of the averageconsumer or a serious likelihood that such a change will occur arehardly ever taken into account in the assessment of the activitydetrimental to the distinctive character or the repute of a TMwR.Although many years have passed since key preliminary rulings wereissued by the EUCJ, which shaped the principles of examining theevidence that pointed to the possibility of an infringement of a rightto a TMwR, some negligence and shortcomings in the application ofthe law in this respect have not been entirely eliminated. Hopefully,the years to come will witness a greater awareness of the bindingprovisions and principles of their application among adjudicationbodies and interested parties alike.

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Wspomagane samobójstwo w świetle orzecznictwa Europejskiego Trybunału Praw Człowieka

Author(s): Magdalena Łukasik / Language(s): Polish Issue: 15/2024

Modern society is a society accustomed to a life of prosperity and develop-ment. This causes people, at the very thought of constant pain (both mentaland physical), to look for a solution that can shorten it. This state of affairs is in-fluenced by utilitarianism (which proclaims that there is no point in suffering)which is popular in highly developed societies. According to the Convention for the Protection of Human Rights and Funda-mental Freedoms, every human being is free and therefore decides for him-self/herself about his/her own life (including how to end it), but accordingto the same document, life is a legal good protected by law. Proponents of eu-thanasia and assisted suicide emphasise that a sick person can die with dig-nity thanks to a euthanasia procedure. They emphasise that human dignityis an overriding value protected by law. Opponents of euthanasia, on the oth-er hand, argue that human life should not be valued. No one can decide whichlife can continue and which should be terminated.The institution that tries to settle the dispute between supporters and op-ponents of euthanasia is the European Court of Human Rights. Accordingto the Court, the freedom to allow legal euthanasia must have a limit. This limitis Article 2 of the Convention and the control exercised by the ECtHR. Each per-son’s case is different and subject to individual examination.

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DREPTUL LA MUNCĂ ÎN LUMINA REGLEMENTĂRILOR UNIUNII EUROPENE

Author(s): Elena-Andreea Filipescu / Language(s): English,Romanian Issue: 3/2023

The protection of human rights is paramount at the national level, and the member states of the European Union ensure this protection through their own constitutional systems. Through this approach, these states assume responsibility before the international community for respecting fundamental human rights and freedoms. All EU citizens have the same fundamental rights, based on the values of equality, non-discrimination, inclusion, human dignity, freedom and democracy. These values are consolidated and protected by the rule of law, enshrined in the EU treaties and the Charter of Fundamental Rights.

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DREPTUL LA VIAŢĂ ÎN LUMINA REGLEMENTĂRILOR LEGISLATIVE LA NIVEL EUROPEAN

Author(s): Elena-Andreea Filipescu / Language(s): English,Romanian Issue: 3/2023

In this paper will analyze the contents of rights governed by the Constitution and C.E.D.O., while stating their nature and the nature of the obligations incumbent on States parties to the Convention. The aim of the Member States of the Council the adoption C.E.D.O. it was that they achieve common European standards on their behavior on human rights. Constitution adopted in 1991 regulates Chapter II Fundamental rights and freedoms of citizens, linking them with international human rights treaties.

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TYING AND BUNDLING IN EU COMPETITION LAW

Author(s): Laura Lazăr / Language(s): English Issue: 3/2024

Tying and bundling within EU Competition Law are complex aspects of antitrust regulation focused on market competitiveness and consumer welfare. Tying involves selling products or services together, while bundling offers multiple goods as a single package. This entry explores the legal framework, implications for market dominance, innovation, and consumer choice. It reviews landmark cases and regulatory developments in the EU, highlighting the balance between legitimate business strategies and anticompetitive behavior, and assessing their potential impact on competition and consumers.

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NIS 2. Legea securității cibernetice 2.0

Author(s): Mirela Lăpușan,Roxana Remetan / Language(s): Romanian Issue: 2/2024

This article examines the NIS 2 Directive and its transposition into Romanian legislation through Government Emergency Ordinance no. 155/2024, highlighting the significant changes compared to the previous directive, NIS 1. It discusses the extension of the scope to new sectors, stricter risk management and incident reporting obligations, and increased cooperation between Member States. It also provides a detailed analysis of the categories of entities targeted – essential and important – the criteria for classification and the specific obligations of each category. The article also explores procedural aspects such as territorial jurisdiction and registration procedures in the register of relevant entities. Finally, it underlines the importance of the NIS 2 Directive in strengthening cybersecurity at national and European level.

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„Frumoasa și Bestia” în planul TVA: Servicii medicale cu o componentă terapeutică scutite vs. servicii medicale cu scop unic estetic

Author(s): Cosmin Flavius Costaş / Language(s): Romanian Issue: 4/2024

In the last decade, following the judgement of the Court of Justice in case C‑91/12, PFC Clinic, some questions were raised concerning medical services with only an aesthetic aim and their VAT treatment, as opposed to medical services with a therapeutic aim, which are VAT exempt. This article considers the case‑law of the Court of Justice of the European Union and analyzes the Romanian experience in a pending case. The main conclusions are to the sense that the Court provided a wide interpretation of art. 132 (1) (b) and (c) of the VAT Directive, considering that the “therapeutic aim” requirement should not be interpreted in a restrictive manner that would deprive the VAT exemption of its purpose. Moreover, as to the “authority” that can distinguish between VAT exempt and taxable medical services, the Court of Justice pointed out that is primarily for physicians and acknowledged specialists to determine such a “therapeutic aim” in a somehow decisive manner, without interference from the tax administration or other national authorities.

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Viziunea Uniunii Europene privind reglementarea inteligenței artificiale și limitele unui pionierat așteptat

Author(s): Mihaela Tofan / Language(s): Romanian Issue: 4/2024

In the context of the unprecedented development of technology‑enabled activities and digitization in recent years, the European Union has adopted the AI Regulation, promoting a set of actions to foster excellence in AI and rules to ensure that the technology is trustworthy. The paper presents the result of the analysis of the content of this new and original regulation, to validate the hypothesis that the European regulation generates considerable advantages for citizens and the entities that use it equally. Opinions contrary to this hypothesis are also analysed, which show that EU regulation on AI will, in the long term, bring serious disadvantages to the social environment. The identified arguments validate the formulated hypothesis, but also show the limits of regulation that should be addressed through future measures and actions, in order to globalize a coherent legal framework for the use of AI in the digital economy.

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Selecție de hotărâri pronunțate de Curtea de Justiție a Uniunii Europene în al doilea semestru al anului 2024

Author(s): Gabriela Dănilă / Language(s): Romanian Issue: 2/2024

This article is a selection of judgments of the Court of Justice of the European Union in the second semester of 2024.

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