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Dreptul la informație şi aplicare principiului transparenţei în administraţie. Reforme recente în ţarile Uniunii Europene

Author(s): Andreea Cîrciumaru,Cătălin Stănculescu / Language(s): Romanian Issue: 2/2012

A normative order of society is the characteristic behavior of a population which is organized collectively. That order is made up of values and norms and the community offers a particular view about membership, which distinguishes individuals belonging to it. Public administration involves activity, it is related to politics, it tends to be concentrated in the executive branch of government, it is different from the private administration and is concerned with law enforcement. Public administration reform strategies are aimed at identifying measures to ensure the modernization of the public administration in order to optimize decision making, improve human resource management, public finances and the quality of public services by promoting and introducing elements of quality management.

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A Resolution in the Spanish Banking Sector: The Case of Banco Popular Español

Author(s): Magdalena Kozińska / Language(s): English Issue: 6/2018

The restructuring of Banco Popular Español (BPE) through its takeover by Banco Santander provided a valuable example of the first resolution framework application, which allowed for the assessment of its effectiveness. However, similar crisis tools were also utilised in the Spanish banking sector in 2008–2013. Their analysis may provide a valuable contribution to the issue of selecting the most appropriate resolution tools for banks, which can be utilised by Spain and other EU countries when further restructuring their respective banking sectors or managing crises. The aim of this article is to evaluate the effectiveness of the BPE resolution. Additionally, other examples of the application of the “sale of business” tool from the Spanish banking crisis of 2008–2013 were assessed. The conclusions were then used to assess the possible application of similar tools at other banks in Spain and other European countries.

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Instytucjonalne uwarunkowania sprzedaży bezpośredniej żywności w Polsce

Author(s): Katarzyna Kokoszka,Małgorzata Pink / Language(s): Polish Issue: 3/2018

Thanks to legislative changes introduced in the period 2016–2017, Polish farmershave gained an opportunity of selling processed and unprocessed food products directlyto customers. The short food supply chains exist and are quite popular in many EuropeanUnion Member States and they contribute to the development of national food brands. Theyalso play a role in supporting the fostering of sustainable development by providing incometo farmers, good quality products to consumers and by bringing people closer to one another.This in turn reinforces social capital by engagement of public institutions in the promotionof the local area, and by supporting communication between the urban and rural areas.Last but not least, as European research suggests, such actions spread the productionof organic crops and reduce carbon footprint. The main aim of this paper is to diagnosethe determinants of direct food sales on the Polish market, to identify potential obstacles andsuggest a development strategy. An additional objective is to define direct sales in the contextof sustainable development assumptions as well as review best practices and methodsin this field based on an overview of academic literature and case studies. The diagnosisof the conditions was carried out by using SWOT/TOWS tool. Strengths, weaknesses,opportunities and threats were identified based on the results of focus group interviews. Asa result, some examples of the actions to support direct sales under a competitive strategyhave been proposed. The identified potential obstacles to the development of direct salesin terms of supply include a limited number of farmers involved and low level of their socialcapital. As for the obstacles in terms of demand, the main problems include price sensitivityand consumers’ shopping habits.

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Trwanie i upadek drobnych gospodarstw rolnych - zastosowanie analogii w naukach przyrodniczych i społecznych

Author(s): Tomasz Wojewodzic,Wiesław Musiał / Language(s): Polish Issue: 3/2018

The authors apply the analogy method to analyse economic and socio-economicphenomena. The analogy method has been used to explain similarities between selectednatural and economic processes and their consequences. For over a century economicsciences – as a relatively young branch of science – have been relying on methods of analysisapplied in older and better equipped natural sciences, mostly in physics and biology. Theapplication of natural sciences’ methods for the analysis and description of economicprocesses is not just an interesting and creative intellectual process which allows to betterunderstand them but also gives an opportunity to develop solutions which stimulate desiredeconomic processes. The paper focuses on semi-commercial family farms which face quitean uncertain future as a group. Based on the conducted analysis, the adoption of a specificstrategy can be their chance to survive. That strategy involves both a behaviour modeledafter an omnivorous snail (diversified incomes) which gradually and slowly works towardsachieving its goal and hides in case of danger, and that resembling the behavior of a dove, i.e.the retreat and withdrawal from markets controlled by mass producers (hawks), avoidingconfrontation with the stronger ones and seeking safe havens (market niches) in whichbeasts of prey fighting one another are not interested. Such a philosophy is consistentwith the concept of multifunctional agriculture, the diversification of farm activities andthe increased engagement of small farms in the performance of environmental functionsand development of high-quality organic foods.

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Korzyści płynące z integracji poziomej w polskim rolnictwie na przykładzie grup producentów rolnych

Author(s): Bartłomiej Bajan,Wawrzyniec Czubak / Language(s): Polish Issue: 3/2018

The purpose of the study is to identify the benefits of belonging to producergroups in relation to the prices received for their products by cooperating farmers and,consequently, also to assess the appropriateness of agricultural policy which supportsimprovement of horizontal integration in agriculture. A comparison of prices of individualagricultural products obtained by members of producer groups with average procurementprices from the Central Statistical Office (Statistical Yearbooks of Agriculture), has beenmade. It also indicated differences in revenue between the various entities resulting fromthe comparison. The analysis shows that in all examined industries (oilseeds, potatoes, cerealgrains, milk), the prices received by the cooperating farmers were higher than the averageprocurement prices. In addition, assuming identical sales volumes as in producer groups,they had significant revenue advantages over the rest of the market. This demonstratesthe relatively higher market power of affiliated holdings, and from this point of view alsopublic support directed at improving horizontal integration is justified.

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Управно право у контексту европских интеграција

Author(s): Bojan Vlaški / Language(s): Serbian Issue: 3/2012

Приказ/Review: проф. др Стеван Лилић у сарадњи са Катарином Голубовић, Европско управно право са освртом на управно право Србије у контексту европских интеграција, Правни факултет Универзитета у Београду, Центар за издаваштво и информисање, Београд, 2011. стр. 141

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LIBERTATEA RELIGIOASĂ ÎN DREPTUL UNIUNII EUROPENE

Author(s): Cosmin Santi / Language(s): Romanian Issue: 1/2019

The EU Charter of Fundamental Rights has become a benchmark which enabled the European Court of Human Rights to expand de facto the scope of the European Convention on Human Rights and to produce therefore major jurisprudential revivals. The freedom of thought, conscience and religion is one of the foundations of a democratic society. In its religious dimension, the freedom represents one of the key elements consolidating the identity of the believers and their outlook on life. By its treaties, legislation adopted and jurisprudence, as well as the protection of relating institutions, the European Union stresses on how important it is to respect the fundamental human rights, the religious and philosophical convictions in the European society and lays emphasis on the fundamental values of pluralism and tolerance. The European Union forbids all and any gender, race, colour, ethnic or social origin discrimination, as well as discrimination relating to genetic characteristics, language, religion or convictions, political opinions or opinions of any other nature, affiliation to a national minority, wealth, birth, disabilities, age or sexual orientation-related discrimination. The right to religious freedom is mainly a right pertaining to individual conscience which also involves the freedom to manifest a religion, a religious or philosophical conviction, one’s own perspective on life. The European Union respects cultural, religious and linguistic diversity and does not prejudice the status from which churches and religious associations or communities in the members states benefit under national law.

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АКТУАЛНИ ПРОБЛЕМИ НА ЗАПОВЕДНОТО ПРОИЗВОДСТВО

Author(s): Vasil Aleksandrov / Language(s): Bulgarian Issue: 3/2018

The article discusses the theoretical and practical problems in the order for payment procedure after the amendments to the Civil Procedure Code in State Gazette (SG), № 86 of 2017 and SG № 102 of 2017. The author has consistently examined the individual provisions following the amendment of the law by commenting on the various opinions on individual issues that have formed in the case law, which is not constant at the moment. Various solutions are proposed, including in the light of European Union law and the case law of the Court of Justice of the European Union on consumer protection, taking into account the provision of Art. 411 CPC and Art. 417 CPC, as well as the problem of how the court should rule when it rejects the application for an execution order in whole or in part. There is a separate section for the provision of Art. 414a CPC, which is new and raises various issues in its application, including the possibility of developing a simplified racing process within the framework of the order for payment procedure. In the conclusion, the author concludes that the individual problems are currently being solved ad hoc, as well as the interpretative practice of the Supreme Court of Cassation.

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Democratic Deficit – the Community Model vs. the Open Method of Cooperation

Author(s): Mihai Alexandrescu / Language(s): English Issue: 1/2014

Democracy is a concept whose definition has evolved somewhat constantly with the concept of sovereignty. The democratic deficit concept was invented by David Marquand in 1979 in a context in which the European Parliament was formed after a direct and universal suffrage. The European Union and the European Community were created by a permanent transfer of competences from the national to the community level. Politically, this is a sensitive issue because it is closely linked to the sovereignty of Member States. In March 2000 the European Council set out a series of principles that are considered necessary for the effectiveness of the community law. Open Method of Coordination was created to enhance the efficiency of European decision-making process. When this method was created it was intended to reduce the democratic deficit by including as many players in European governance as possible. The transfer of authority and sovereignty does not involve necessarily the transfer of classical democracy mechanisms.

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IDEJNI KONCEPT NORMATIVNOG RJEŠENJA DINAMIČKOG SISTEMA KUPOVINE U POSEBNOM UPRAVNOM POSTUPKU JAVNE NABAVKE U BOSNI I HERCEGOVINI

Author(s): Nermin Lapandić,Mirza Čizmić / Language(s): Bosnian Issue: 19/2018

Authors in the article present the conceptual concept of the normative solution of the dynamic purchasing system, through the question of the Bosnian public procurement law and the harmonization of the same with the law of the European Union. By working on the acquis communautaire of the European Union (EU) in the area of public procurement, and in particular Article 34 of Directive 2014/24 EU, which refers to thedynamic purchasing system, the authors propose the concept of a normative solution to the dynamic purchasing system, respecting the principles of electronic administration, the acquis communautaire EU.

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The Questionable Impact of EU Regulations No 2016/1103 and 2016/1104 on the Identity of Marriage in a Member State

Author(s): Piotr Mostowik / Language(s): English Issue: 22/2018

The European Union holds no competence to enact substantive family law, however is entitled to exercise competences in the field of private international law sensu largo (rules on conflict-of-laws and international civil procedure). In the treaties this branch of law is referred to as “measures of judicial cooperation in civil matters” (Art. 81 TFEU). Such a cooperation not generally interfere with the fundamental legal principles of the forum (member state). One of the classic solutions, included in the general part of this branch of law, is the public policy clause (orde public clause, Vorbehaltsklausel).Despite of the limited scope of European Union’s competences, the recent development of European law raises issues related to the juridical expression of the identity of marriage. The presented detailed study of some recent legislative procedures shows that it could be otherwise. The possible affecting the understanding and identity of marriage in a Member State by EU Regulations No 2016/1103 and 2016/1104 are subject to the article.Arguments presented inter alia by the Polish parliament and governments in recent years during the legislative processes aiming to adopt the discussed regulations at the EU level, have to be supported. It seems, that the abovementioned remarks concerning the consequences of the regulations on matrimonial property matters and registered partnerships, which were subject to enhanced cooperation in several member states, could be also important for these states. Some of them can be not aware of all future practical consequences of the discussed new EU regulations. In particular the attention shall be paid to the practical effect of “importing” of foreign legal concepts and judgments, that govern the institutionalization of couples. Secondly, what can be astonishing, foreign law governing the details of contract applies not only within parties to contract but also with third parties in above mentioned situations, where the couple is not habitually resident abroad.The greatest concerns are raised by provisions, that — despite the lack of EU’s competences in field of family law — in practice not only amend private international law, but also cause unwelcome changes to substantive rules governing marriage (including rules perceived as fundamental ones in the state — e.g. marriage perceived in a common scope as the union between one man and one woman). The measures of judicial cooperation in civil matters should not result in obligation to recognize foreign redefined legal concept of marriage, because this would mean circumventing of the conferred powers principle (Art. 4 of Treaty on European Union).The motto of the European Union: In varietate concordia (United in diversity) is also worth recalling. Its essence should generally argue for a more cautious approach by the EU institutions and groups of scientists interfering with substantial family law matters of Members States.

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Alternative dispute resolution in art-related cases

Author(s): Paulina Gwoździewicz-Matan / Language(s): English Issue: 22/2018

One of the features of so called “art cases” is that the solutions are rarely black and white, therefore conventional remedies such as damages are often not adequate. Choosing alternative methods, widely recommended by international organizations, permits parties to reach creative non monetary solutions. The article aims at discussing how non-judicial methods are used in art cases and whether they are better for solving art related disputes. The first part of this article describes the methods that are used in particular cases, the formation of ADR clauses and also refers to the institutional rules of conduct. The second part lists the arguments for using ADR methods in art cases.

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Remarks on the EU regulation of 24 June 2016 in matters of matrimonial property regimes

Author(s): Paulina Twardoch / Language(s): English Issue: 22/2018

The article is devoted to an analysis of EU regulation 2016/1103 of 24 June 2016 in matters of matrimonial property regimes. It starts with a description of perturbations that emerged during the preparation of the regulation and led to the need for proceeding by way of enhanced cooperation. This part of the paper presents the official position adopted by Poland towards the regulation. The section that follows discusses the notion of matrimonial property regime within the meaning used in the regulation. In doing so, it addresses the issue of doubts accompanying the qualification of the obligation to participate in satisfying family needs and donations inter vivos between spouses. This is followed by presentation and evaluation of solutions adopted within the framework of particular conflict rules. Special attention in this regard is paid to the issue of the choice of law’s effect over time. With respect to the rules that determine applicable law in the event of absence of a choice of law, the article concentrates on a solution consisting in petrification of applicable law and the possibility of breaking it. The final part is devoted to the scope of application of the law applicable to the matrimonial property regime. Here, the solution concerning the material validity of matrimonial property agreement and the effects of the matrimonial property regime on a legal relationship between a spouse and third parties is evaluated.

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The arbitrability of disputes concerning personal rights

Author(s): Grzegorz Żmij / Language(s): English Issue: 22/2018

The notion of arbitrability, which has not been defined in international treaties and has been given various meanings in international literature covers the question whether the subject-matter of the dispute submitted to arbitration is one that can be resolved by arbitration. In Polish literature, arbitrability is defined in a similar manner, as a feature of the dispute (case) that makes it capable of being resolved by the arbitration tribunal, i.e. it falls under the jurisdiction of the arbitration tribunal as a consequence of concluding an arbitration agreement.Despite certain doubts concerning specific issues, the division of subjective rights into economic and non-economic rights is widely adopted in the Polish doctrine and it covers two categories of rights: personality rights, i.e. rights protecting personal interests, as far as immaterial rights protecting the right holder’s personal interests, and non-economic family rights.The relative nature of arbitration always causes trouble when the case may concern rights of a third party. Traditionally, most disputes resolved through arbitration are cases of a contractual nature. As a result of the ‘commercialisation of personal goods’, it is nowadays also possible that the contractual dispute may concern the infringement of these goods. An example of this can be found from the provision of Article 4.7.2 sec. 2 of the UNIDROIT Principles of International Commercial Contracts, which gives the aggrieved party in a case of non-performance of the contract, the right to damages covering non-pecuniary harm, which includes, for instance, physical suffering or emotional distress.In spite of the fact that the tendency to cover immaterial harm within the frame of contractual liability has spread since the first edition of the UNIDROIT Principles (1994), including in European private law, most cases concerning an infringement of a personal right are still tortious by nature.The solution taken by Polish lawmaker in Article 1157 KPC concerning arbitrability of disputes is rather unnecessarily complicated. The ostensibly unambiguous wording of that article does not suffice the requirement of legal certainty.

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Производство по стабилизацията на търговец според Търговския закон (правно-финансови аспекти)

Author(s): Lyudmila Mukova,Stefan Filkov / Language(s): Bulgarian Issue: 10/2018

The paper contains an analysis of the new fifth part,art.761-797 of the Commerce Act; „Trader StabilizationProcedure“ in relation to other legal provisions. The amendment made by the legislator in the Commerce Act is objectively determined by the crisis situation of the modern economies and finances leading to the commercial bankruptcy of the trader and respectively their termination as a market participant. The most unstable in sharp financial fluctuations are medium and small enterprises, which are the basis of the market economy.

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Les communications électroniques suite de la directive 2014/61/UE

Author(s): Antoine Maniatis / Language(s): French Issue: 1/2019

Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks is known in French as “génie civil”, highlighting the importance of civil engineering in the current international context. It aims at laying down some minimum rights and obligations applicable across the European Union to help the networks and cross-sector coordination. This kind of coordination exemplifies a wider phenomenon, which the doctrine calls in French “interrégulation”.

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DIFEREND ÎNTRE INCAPACITĂȚILE CIVILE – DE FOLOSINȚĂ ORI DE EXERCIȚIU?

Author(s): Paul Vasilescu / Language(s): Romanian Issue: 2/2019

A widespread thesis, which began in the fifth decade of the XXth century in Romania, states that the Law can be authorised to limit the capacity of enjoyment of a natural person. We reject, out of principle this conclusion, because the personality of the human being is not a (mere) legal artefact but (more so), an inborn characteristic. Any limitation of one's abilities to enter into a contract can be explained through the concept of incapacity of exercise, without any loss for our legal system. We also made some remarks concerning Law no 17/2000, which establishes a civil protection measure concerning capable adults, which is impossible to defend taken into account the rules of legal capacity.

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IMPLEMENTACIJA OPCIJA O POSEBNIM ZAHTJEVIMA REVIZIJE SUBJEKATA OD JAVNOG INTERESA IZ UREDBE (EU) br. 537/2014: PRIMJENA U ZEMLJAMA ČLANICAMA

Author(s): Josipa Grbavac,Marko Čular,Ivana Perica / Language(s): Croatian Issue: XXIV/2018

The audit framework of the each EU country should be harmonized with the Directive 2014/56/EU and Regulation (EU) No. 537/2014 relating to the specificity of performing a statutory audit of public interest entities. EU member states shall adopt appropriate provisions to ensure the effective application of the Regulation. Within the Regulation, EU member states are given numerous options for selecting options available for use in their local implementation. The aim of the research is to make a comparative analysis between the EU Member States with regard to the implementation of options on special requirements for auditing of public interest entities from the Regulation (EU) No. 537/2014 to identify key differences and similarities between EU Member States, using the following benchmarking criteria: definition of public interest entities in EU member states, rotation of auditors or audit firms and major partners, provision of non-audit services, structure of auditing fees received from public interest entities and audit reporting. Using desk research method, we analyzed the inspection frame of 28 EU member states and for the application of that used options on the specific requirements of the audit of public interest entities in the Regulation (EU) No. 537/2014. Based on the audit framework analysis of EU member states, it can be concluded that the Regulation transposition has resulted in regulatory differences.

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Qualitative aspects of Criminal Code of the Slovak republic and reasons for its amendment

Author(s): Ján Šanta,Jozef Čentéš / Language(s): English Issue: 41/2018

In the present paper the authors examine the quality of the Slovak Criminal Code in the context of both its recasting and state criminal policy. They reach the first conclusion that this law meets all qualitative aspects also on international scale and it protects fundamental rights and freedoms at a very high level. Further, they address a question of what then are the reasons for its frequent amendments. They draw the second conclusion by stating that the reasons for such amendments are predominantly objective, given by the impact of the law of the European Union and the needs of application practice nationwide in the dynamically changing social relationships underway over the past decades. They also admit some subjective mistakes in the Slovak legislative process which must be necessarily prevented.

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Potrzeby mieszkaniowe a prawo do mieszkania w regulacjach międzynarodowych, unijnych i krajowych

Author(s): Agnieszka Napiórkowska-Baryła / Language(s): Polish Issue: 55/2018

A need to own a home is universal and is crucial throughout one’s whole life. Housing needs if unsatisfied affect many areas of one’s life, especially among young people, who undertake important decisions that will weigh heavily on the whole society. Hence, many legal regulations – international, within the EU, or national ones – raise the question of the right to life in dignity, in adequate housing conditions. The most important of such documents are: the UN Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, Charter of Fundamental Rights of the European Union, and Resolutions of the European Parliament. In Poland, issues pertaining to the housing rights are resolved in the Constitution of the Republic of Poland and in other acts of law. They contain provisions which oblige the state and local governments to activate aid mechanisms to ensure that economically weaker families (households) have their housing needs satisfied. However, given the difficult housing situation in Poland, it can be concluded that these measures are not sufficient.

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