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Спеціальні вимоги в сфері організації виконання завдань з обов’язкового аудиту

Спеціальні вимоги в сфері організації виконання завдань з обов’язкового аудиту

Author(s): Nataliia Shalimova / Language(s): Ukrainian Issue: 25/2014

The purpose of the article is to study the tendencies of statutory audit regulation in contemporary conditions with due regard for ensuring the conformity of national model with European and international laws and regulation. It have been substantiated that the statutory audit regulation should be done in ensuring public awareness of the activities of auditors, effective interaction between the entities that are subject to statutory audit and auditors towards harmonization of their tasks and responsibilities, independence, transparency and objectivity in selecting auditor (audit firm) by the social (public) interest entities, cooperation with the competent authorities that regulate the activities of such entities in order to ensure transparency of contractual relationships, results of the engagements and introduction of additional requirements to them. Subjects who must be involved in the mechanism of ensuring the realization of this measures have been singled out, in particular: auditor (audit firm); social (public) interest entities, which are subjected to statutory audit; authorized competent body responsible for the regulation of auditing activities; authorized bodies that regulate activities of social (public) interest entities; professional associations or self-regulating professional auditing organization.The results show that the quality of audit in general and in particular of statutory audit should be perceived not as a separate issue, but as an integrated system, which should cover all essential parties of functioning of auditors in different ways.

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STRATEGY FOR PREVENTING AND COMBATING DISCRIMINATION

STRATEGY FOR PREVENTING AND COMBATING DISCRIMINATION

Author(s): Author Not Specified / Language(s): English Issue: 8/2015

The Law prohibiting discrimination is to a large extent already harmonised with EU Community Law and international human rights standards but equal opportunities and effective protection against discrimination are still not safeguarded. A significant number of activities have been implemented but the progress achieved is still limited. This policy paper advocates for adoption of a strategic document (a public policy) for prevention and combating against discrimination, discusses its presumed impact and provides guidelines for the content as well for the process of development.

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Cultural Policy in Europe

Cultural Policy in Europe

Author(s): Mario D'Angelo,Paul Vesperini / Language(s): Bosnian Issue: 01+02/2001

Savjet Evrope pokušava pomoći odvijanju procesa (tranzicije) pokretanjem serija priručnika od kojih svaki obuhvata neko pitanje sukladno sopstvenim interesima i ciljevima: nacionalne, regionalne i urbane kulturne politike, načini vrednovanja tih politika, i kulturna saradnja. Iznad svega, priručnici su namijenjeni da budu korisni - da daju korisniku jasnu sliku obuhvaćene oblasti, pomognu razumijevanju problema, i pokažu kako analizirati i riješiti te probleme.

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Нормативне регулювання визначення та контролю митної вартості товарів в країнах ЄС

Нормативне регулювання визначення та контролю митної вартості товарів в країнах ЄС

Author(s): Tatiana Ruda / Language(s): Ukrainian Issue: 30/2016

The article deals with the basic aspects of regulation on the definition and control of customs value of goods in European countries. The methods of customs valuation used in the EU, the main elements of the procedure of the correctness of its determination, especially the settlement of disputes in this area. The analysis and expediency of implementation of articles of the Customs Code of the EU in defining and controlling the customs value of goods in domestic practice. Thus, the purpose of writing is a synthesis of European experience regarding normative regulation on the definition and control of the customs value.Thus, summarizing the results of the research, it should be noted that the question of definition, control and adjustment of the customs value of goods in the EU is economic in nature and provides for the protection of customs interests of both the state and participants in foreign economic activity is regulated exclusively by regulations that are not only customs Code, but also leadership (guidance) to determine the customs value and amendments thereto, which contain detailed algorithm of actions for each of the participants customs relations. In addressing problem areas to adjust customs value of preferred consensus through written consultations between the customs authorities and participants of foreign trade who are interested in observing the customs legislation creates conditions for the development of mechanisms for customs simplifications.However, it should be noted that certain elements of the European practice of regulation study issues reflected in the Customs Code of Ukraine, however, worth noting that it is expedient adaptation implemented articles to domestic realities of state customs, which certainly should include the development and adoption of additional regulations and legal acts that regulate issues identification, control, adjustment of customs value of goods, and will make these processes "transparent" and accessible to members of customs relations.

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System bankowości centralnej w Unii Europejskiej

System bankowości centralnej w Unii Europejskiej

Author(s): Jolanta Gliniecka / Language(s): Polish Issue: XXXVI/2016

Both the Treaty on European Union and the Treaty on the Functioning of the European Union include provisions concerning the common monetary policy and European central banking. The establishment of monetary union and the creation of the ESCB has double meaning. On one hand they mean the transfer of monetary power from individual Member States to the level of the European Union, on the other hand - the implementation of EU law concerning this sphere to the constitutional orders of Member States. The constitutional order of Member States is influenced by the legal principles of the ESCB, such as the principle of independence (functional, personal, financial and institutional), the principle of responsibility for monetary policy, the principle of transparency and the principle of acting in accordance with market mechanisms. When it comes to the organization of the system of central banking in the European Union, the attention should be paid to the role of the European Central Bank. The European Central Bank formulates monetary policy in countries whose currency is euro. It also specifies the instruments of its implementation, such as open market operations, the accumulation of mandatory reserves and credit operations. The work of the European Central Bank is managed by the following authorities: the Management Board, the Governing Council and the General Council.

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Теоретични аспекти на понятието данъчно задължение

Теоретични аспекти на понятието данъчно задължение

Author(s): Lyubka Tzenova / Language(s): Bulgarian Issue: 8/2016

The paper is devoted to the significance and part interest institution as tax obligation. The cordial and exchange taxobligation functions are considered. The concept to the tax obligation has diversity and important role in the modernization ofthe national law and economy are noted. Author shows on example Bulgarian tax legislation is perfect as related to setting toBulgarian tax decisions to stimulated the tax payment.

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Uvođenje zdravstvenog (uključujući spolnog) odgoja u osnovne i srednje škole u Republici Hrvatskoj

Uvođenje zdravstvenog (uključujući spolnog) odgoja u osnovne i srednje škole u Republici Hrvatskoj

Author(s): Višnja Ljubičić / Language(s): Bosnian,Croatian,Serbian Issue: 14/2013

Uvođenje novog nastavnog predmeta “Zdravstveni odgoj” u osnovne i srednje škole u Republici Hrvatskoj od školske 2012/2013. godine od samog početka postala je vrlo aktualna tema u hrvatskom društvu, medijski konstantno pomno praćena. Gotovo da nije bilo društvenih aktera koji se nisu uključili u raspravu o njoj, od Vlade Republike Hrvatske i državnih tijela, stručne javnosti, političkih stranaka, organizacija civilnoga društva do Katoličke Crkve. Uglavnom, svi prijepori su bili svjetonazorskog karaktera, te se mogu sumirati i svesti na sukob tradicionalno-konzervativnih i liberalno-progresivnih društvenih struja. Vrhunac javnog neslaganja dogodio se podnošenjem tužbe predstavnika prvonavedene struje Ustavnom sudu Republike Hrvatske i donošenjem odluke Suda o privremenoj obustavi provođenja nastave zdravstvenog odgoja.

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Neposredni izbori načelnika opština u BiH

Neposredni izbori načelnika opština u BiH

Author(s): Maida Behrem-Stojanov / Language(s): Bosnian,Croatian,Serbian Issue: 6/2011

Accepting the concept of local selfgovernment determined by the European Charter od the local selfgovernment, that BiH ratified, is an important part of the EU integration process. The reform of the local selfgovernment is an on going process which will have to give answers to many questions and problems with regard to the relations between mayors and municipal councils. Since the politics play the most important role in most fields of life in BiH, including the ones that in most European countries belong originally to the local authority, direct election of mayors is a positive step. It gives control to the citizens, who are closest to the mayors, and who are enabled now to elect the mayor amongs their neighbors, colleagues, friends etc. On the other hand, the two legitimacy, that both, the municipal councils and the mayors draw from the people, are often in conflict, which stands in a way for normal municipality /city functioning. Their responsabilities and authorities should therefore be very clearified as well as the usage of the mayor’s recall procedure, in order to increase the responsibility on both sides.

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Współpraca organów władzy wykonawczej w Polsce z FRONTEX-em w zakresie zarządzania i ochrony granicy zewnętrznej strefy Schengen

Współpraca organów władzy wykonawczej w Polsce z FRONTEX-em w zakresie zarządzania i ochrony granicy zewnętrznej strefy Schengen

Author(s): Anna Doliwa-Klepacka / Language(s): Polish Issue: B/2016

The protection of a state border is one of the most important prerogatives of the institutions of executive powers in every modern country. The issue is currently gaining a very specific character in case of the state’s membership in specific international alliances like the European Union. The primary importance, in the area constituting the range of interest of this article, is the functioning of the Schengen area – the abolition of controls at internal borders of the member states and establishment of a uniform management system as well as protection of the borders, which delimit the external boundaries of the European Union. FRONTEX, since its inception in 2005, has been supporting and directing the actions of authorities and services in those member states responsible for policing common external borders; conducting risk analysis, research and trainings, and participating in the returning operations organized by particular member states. FRONTEX also coordinates the activity of the European border guard teams in terms of shared actions as well as the Rapid Border Intervention Teams. This constitutes very strong and crucial functional support to the authorities of executive powers and the protection of the external border in the Schengen area co-financed from EU funds.

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Categorisation of the European Union Countries in Relation to Efficiency Adjustment of Value Added Tax Collection Using Cluster Analysis and Multidimensional Scalling

Author(s): Alena Andrejovská / Language(s): English Issue: 30/2014

The issue of the value added tax efficiency is intensively debated these days both at the level of individual governments, and the level of the European institutions and bodies, as well. The whole Europe is trying to mobilize and implement effective measures which would be able to improve the collection of taxes without increasing tax rates. VAT is currently the most harmonized tax, but states still retain some sovereignty regarding the level of rates, reduced rates and exemptions. Different Tax legislation in the countries, in combination with the application of its own VAT policy preferences and lack of control of tax administration causes growing the gap between actual and theoretical base for income taxes. The paper is devoted to the quantification of VAT system setup from the view of revenue collection efficiency of this tax using cluster analysis including 27 EU countries. It is also devoted to the identification of countries groups with similar situation of VAT collection and their common features. In a statistical meta- analysis there are compared several methodological approaches: variant of agglomerative hierarchical cluster analysis, the outputs of k- means, k- medoid and also fuzzy c- means method. The results are in qualitative agreement with multidimensional scaling.

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The Limits of the European Social Policy

The Limits of the European Social Policy

Author(s): Claudiu-Mihăiță Urseanu / Language(s): English Issue: 20/2013

I tried in this article to identify and point out the main steps that led to the grounding of the European social policy and its parts. I desired to give a clear definition of the European Social Policy by pointing out his main tasks, presenting, for each part, the way in which acts in order to achieve the organizational objectives. I manage to identify two methods by which the European Union makes act in the lives of communities to support their sustainable development. Also I identified weaknesses of the social policy and I presented solutions to fix the situation. I consider that the social policy faces strong issues which can limit the actions needed. The social policy is under heavy pressure especially from the public which it could decrease his capacity for reaction.

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Reform of Cohesion Policy for the 2007-2013 Period to Boost Economic Growth, Innovation and Job Growth in an Enlarged European Union

Reform of Cohesion Policy for the 2007-2013 Period to Boost Economic Growth, Innovation and Job Growth in an Enlarged European Union

Author(s): Ramona Pîrvu,Maria Vasilescu / Language(s): English Issue: 25/2015

An analysis of cohesion policy of the EU over the four legislative periods reveals that "In the Union, we have a third policy which is part of our economic growth armory and which provides us with a balancing factor: Cohesion Policy ". The aim of Regional and Economic, Social and Territorial Cohesion policy is to reduce disparities constantly occurring due to economic growth and to support slower-growing regions, in order to overcome economic hardships caused by economic delay. To highlight the achievements of the policy conducted by the EU since 1989 until 2013 it is necessary to analyze the population coverage of Structural and Cohesion Funds, areas of intervention of Structural and Cohesion Funds and the results obtained.

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Еволуција надлежности Eвропског парламента

Еволуција надлежности Eвропског парламента

Author(s): Slobodan Zečević / Language(s): Serbian Issue: 4/2011

Having in mind the principle of democratic legitimacy of governments, creators of the Treaties establishing the European Communities, held that the Community institutional system needed parliamentary body that would supervise the executive. Therefore, the European Parliament as a democratic body was ranked first on the list of institutions in the Treaty on the European Economic Community. As it is mentioned above, we could get the impression that the European Parliament similarly to the national parliaments in the classical states has legislative power, budgetary authority and right to appoint and dismiss the government. However, European parliament, had until the end 70’s of the last century symbolic advisory role in the budgeting and legislative acts of the Community, then gradually with constant political struggle became co-legislator and indispensable participant in the process of adopting the budget and appointment of the Commission. The political objective of the European Parliament has actually been to acquire competencies of the Assembly in the federal state regulation and thus federalize the constitutional system of the European Union.

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Prawne instrumenty ochrony morza w strategii bezpieczeństwa morskiego Unii Europejskiej

Prawne instrumenty ochrony morza w strategii bezpieczeństwa morskiego Unii Europejskiej

Author(s): Dorota Pyć / Language(s): Polish Issue: XXXIII/2015

The safety of sea is a condition for the sustainable socio-economic development of the European Union. The aim of the European Union’s maritime security strategy is to introduce a common framework for the activities of the Member States of the European Union. It should ensure the coherent development of the individual policies of maritime safety of EU Member States, the capacity to respond to maritime risks and the protection of the sea against threats. An integral element of the EU’s maritime security strategy is to secure the maritime strategic interests of the EU and to strengthen the relationship between the internal and external dimensions of security in the implementation of EU maritime policy and civil-military institutional cooperation.

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Mediji civilnog društva u Srbiji

Mediji civilnog društva u Srbiji

Author(s): Miroljub Radojković / Language(s): Serbian Issue: 9/2008

31. December of 2007 was the deadline to complete transformation of the local media in Serbia whose founders were the state or enterprises with the major share of capital assets in state ownership. Domestic laws such as Information Act (2003) and Broadcasting Act (2002) made it the firm obligation following the guidelines of European standards and norms. Media transformation for more than 180 units could have taken two forms. First, local media to be sold to new private owners, and the second one, these media to be transformed into public, non-profit public foundations, e.g. to became civil society media. Although both paths are legal, privatization has a waste advantage both in practice and in public discourse. The process of privatization itself is so far unsuccessful, because only 24% of the local media enterprises under obligation to change their status did so. Interesting question is why this opportunity to develop local broadcasting media in form of civil society ones is missed? There are several factors responsible for it. Political actors do not like civil society media because they can likely loose control over them. Employees hesitate to take this direction because of financial insecurity and loss of hidden incomes. NGO-s and institutions of national and other minorities did not use the chance because of lack of knowledge about the model and its advantages. General public has no information about civil society media at all, and believes that only local media privatization is required. The article presents also the survey in which working journalists explain the reasons, in their opinion, for the poor development of civil society media in Serbia.

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Niemcy wobec reformy ustrojowej strefy Euro

Niemcy wobec reformy ustrojowej strefy Euro

Author(s): Janusz Józef Węc / Language(s): Polish Issue: 3/2016

The article concentrates on the study of the Germany`s attitude to the system reform of the euro area being implemented since 2012. The first part of the article has been devoted to the reform`s process in the years 2012-2015, and next since July 1st 2015. The second part presents the public debate on the reform`s process being held in Germany in the years 2011-2012 (stage I), the in 2012- 2015 (stage II), and since July 1st 2015 (stage III). The influence of the German government on the crisis` process and the form of legislative negotiations regarding the system changes in the euro area has been discussed at length in the third part.

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Przyczyny opóźnień w transpozycji dyrektyw europejskich do polskiego porządku prawnego w świetle analizy ilościowej krajowego procesu legislacyjnego

Przyczyny opóźnień w transpozycji dyrektyw europejskich do polskiego porządku prawnego w świetle analizy ilościowej krajowego procesu legislacyjnego

Author(s): Jacek K. Sokołowski ,Dariusz Stolicki / Language(s): Polish Issue: 2/2017

According to the Commission’s internal market scorecards, Poland is among the countries having highest compliance deficits in the European Union, in part due to repeated and substantial delays in implementing EU directives. Using a comprehensive database of implementing acts introduced in the Polish parliament since the country’s accession in 2004, we conduct a quantitative analysis of the timing of the governmental and parliamentary legislative processes to test whether those delays are introduced by the executive or the legislative branch. We conclude that while implementing legislation is usually enacted into law faster than ordinary legislation, it is introduced too late to permit successful implementation before applicable deadline. Indeed, most of the bills implementing EU directives are already overdue when introduced. These results suggest that the government – rather than the parliament – appears to be responsible for the delays, and that the governmental performance in this respect deteriorates rapidly (delays were smallest immediately after accession). We also find that numerous aspects of the problem – such as the role of political controversies in delaying implementing bills – require further research.

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Unijne regulacje prawne w sektorze rynku gazu ziemnego

Unijne regulacje prawne w sektorze rynku gazu ziemnego

Author(s): Klaudia Grzebiela / Language(s): Polish Issue: 25/2017

In the process of creating a competitive and liberal gas market, the European Union obligation for Member States to take appropriate measures,including legislation, aimed at the integration of the European energy policies and the creation of a common energy union. European integration began with the adoption of EU treaties, through fundamental EU secondary legislation. Legislation should harmonize energy policies of the Member States. The European Union should take into consideration the level of economic development of each Member State. The new regulations should be implemented at a moderate pace, taking into account the stages of development of individual economies. The legislature treats the EU as a priority the creation of a fully competitive and liberal gas market. Proposal presented in the work shows that regulations in the gas sector have a definite influence on the development of and transformation of the natural gas market of the Member States. The European Union has a number of legal acts regulates the most important issues related to the sector of natural gas, including in the energy security of the Member States. The importance of energy resources, especially natural gas, and material is not to be underestimated. Energy fuels are the guarantor of the independence of the country from external factors. Natural gas is the fuel constantly gaining in importance.

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Prawna regulacja organizacji rynku hazardowego w Polsce. Wybrane zagadnienia w świetle nowego projektu zmiany ustawy o grach hazardowych z 2009 r.

Prawna regulacja organizacji rynku hazardowego w Polsce. Wybrane zagadnienia w świetle nowego projektu zmiany ustawy o grach hazardowych z 2009 r.

Author(s): Eryk Kosiński / Language(s): Polish Issue: 26/2017

The phenomenon of gambling finds its origins in the beginning of human race. The Polish act of 19 November 2009 on gambling games came into effect on the day of 1 January 2010 and “determines conditions of organization and principles of the conduct of business within the games of chance, mutual bids and games on machines” (art. 1 of the 2009 act). This present article is aimed at examination of the proposed amendment of above-mentioned act on gambling games in terms of the law of the European Union, especially in the light of the case law of the courts of the European Union. The scrutiny is provided under the formal-dogmatic method as far as an analysis of the text of legal document, together with the method of a critical analysis of legal writing and judicature of the appropriate courts. It must be underlined that according to the Court of Justice of the European Union (the European Court of Justice and the General Court) case law any restrictions adopted by the state towards the gambling sector of economy should limit the access of consumers to the gambling (to reduce the supply) in the so-called genuine and realistic way. Secondly, these regulations should have cohesive and systematic manner. The Tribunal repeatedly indicated, that in the situation when the given Member State is implementing a severe regulation and restrictions on the gambling sector, simultaneously conducting activity in this sector on a domestic market by itself, such state cannot refer to the public order and the necessity to hinder an access to gambling. The question of budget receipts is not meaningless in such terms, neverttheless it cannot constitute the only, or the main, justification for infringements of the fundamental rights and liberties of the Treaty on the Functionig of the European Union (see cases: C-275/92 brothers Schindler, C-124/97 Läärä and others, C-67/98 Zenatti, C-6/01 Anomar and others, C-243/01 Gambelli and others, joined cases C-338/04, C-359/04 and C-360/04 Placanica and others). In conclusion, there may be a positive opinion articulated as far as opening of the possibility to conduct games on machines outside casinos. The withdrawal from the prohibition of organising games outside casinos seems to be rational. However there are certain items which deserves criticism, like an extension of the state monopoly in the area of gambling over the games on machines. Moreover, it is not reasonable to charge the special state treasury’s company with the of the organization of the mentioned monopoly in games on machines. It is firstly because of additional extra costs, the lack of the knowledge of the very specific market, the lack of nation-wide structures and the logistics of the undertaking (storing machines, transportation, repairment, service center, devices etc.), and secondly due to reducing the economic freedom of private entrepreneurs which legally operate on this market for last decades. It appears that he Polish private capital shall not be replaced by the public economic initiative, and other measures as to achieve the public goals shall be involved, like certain proper fiscal mechanisms in the area of the gambling sector (appropriately constructed taxes guaranteeing budget revenue at an expected level).

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Žmogaus Teisių Apsaugos Metodologija: Europos Žmogaus Teisių Teismas Vs Sociumo Entropija

Žmogaus Teisių Apsaugos Metodologija: Europos Žmogaus Teisių Teismas Vs Sociumo Entropija

Author(s): Gediminas Mesonis / Language(s): Lithuanian Issue: 80/2014

The article analyzes that democratic states not only declare that they recognize the priority of human rights and freedoms, but that they also treat the respect for human rights and freedoms as an ideological foundation of their states. A value-based nature of human rights and freedoms does not mean that there is no continual discourse in democratic states over the content of human rights and over the concrete form, scope, and limits of the expression of human rights and freedoms. In any social milieu, discourse over the content of human rights and freedoms is a permanent reality in the evolution of democratic states. The diverse historical, political, cultural, social, and economic experiences of particular countries explains how the content of human rights and freedoms actually differs between democratic states, even where they share common views on fundamental principles. Every state naturally goes through separate stages of the historical development of human rights and freedoms. The scope of the protection of human rights and freedoms in a particular country is subject to continuous change, which, although having been determined by certain objective circumstances, may be assessed as either an advantage or a disadvantage.

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