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With a continuous advance of technological development, we can observe their gradual introduction into the legal proceedings and court rooms where they fulfil different judge supporting roles. The extent to which this role can be expanded is not only technological, but legal question as well. The basic legal framework for any advances in judicial decision making is set mostly by the right to a fair trial. This right is then the primary focus of the work, analysing the impact of automation on the timeliness of proceedings, and access to a court. With the analysis of im- partiality and bias this work introduces technical aspects of these issues, following up with the analysis of the right to a public hearing and the remaining collection of fair trial rights. In the last category, the right to a reasoned judgement is to focal point. Jointly, these aspects represent the right to a fair trial and any form of technological advancement in this field must be compliant with it.
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On July 5, 2013, the Union of Jurists of Romania (hereinafter UJR) and the Ministry of Justice organized a symposium on “The role of the judiciary in the powers of the State system”. The event was occasioned by the celebration of Justice Day and was held at the UJR headquarters. The meeting was attended by magistrates, lawyers, notaries public, legal advisers, bailiffs and personalities of the public and judicial life.
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In the study hereby, the author reviews, from the comparative law point of view, the effects that the European Convention on Human Rights and Fundamental Freedoms, as well as the decisions of the European Court on Human Rights, have on the national law systems in some member states (Austria, Belgium, the Netherlands, Germany, Great Britain and Romania), both on the substantive law as well as on the procedural law level.
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The article examines the phenomenon of organized crime from a cross-border and international perspective.In the first section, the concepts are substantiated, both from a doctrinal, as well as a legal point of view. An important part – in content and in scope – is devoted to the analysis of the European policies and strategies, focusing on the EU’s security policy.In the final part, certain solutions to combat the phenomenon of cross-border crime are put forward.
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In the period 30th-31st of January 2012 in the ceremony hall (Festsaal) of Vienna University of Economics and Business (Witrschaftsuniversität Wien) took place the conference with international participation organized by the Institute for Austrian and International Tax Law (Österreichisches & Internationales Steuerrecht) on the topic of the common consolidated corporate tax base (CCCTB and Third Countries) 3 . The conference had as object the presentation – by well-known specialists, university professors and researchers – of the most important third country related issues of the European Commission’s directive proposal regarding the common consolidated corporate tax base of the undertakings having their fiscal residence in the EU or the subsidiaries situated in the EU of companies resident in third countries.
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We have recently celebrated two years since the first issue of Law Review came out. Quarterly legal publication in English, in electronic format only, Law Review has published studies, articles, comments, etc. developed by Romanian and foreign authors (academics, researchers and practitioners in the public and private law sphere), being indexed in prestigious international databases. Likewise, there were promoted and debated cases pending before the European Court of Human Rights and the Court of Justice of the European Union. The main columns of the review along these two years have been: Studies, debates, comments. Comparative Law; The European Union Law; International Law; Human rights; Doctrine – Foreign Authors; Law Book Reviews, as well as coverage of major domestic and international legal events.
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Although the economic interests have played a major political role in the recent period, in a number of litigations the courts applied the “polluter pays” principle and rendered favorably judgments to the claimants which suffered a damage caused by pollution. In this respect, it is worth analyzing the case law of the European Court of Justice which has recently provided the presumption of liability for pollution of the operators which operates installations on land adjacent to a polluted area. As the Romanian case law is concerned, given the novelty of the framework of an objective environmental liability and the low number of cases related to this issue, it is to be developed a constant jurisprudence as the decision rendered by the Romanian Court of Appeal as of March 9, 2009, which forced a polluter to remedy totally and in kind the damage caused to an individual’s house.
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The following study is meant to be a comprehensive overview on the Italian Judiciary: particular attention is paid on the Judiciary from both a static point of view (Judiciary as an organized administrative office) and a dynamic point of view (Judiciary as a power in action). Starting from the Constitutional rules on the Judiciary and offering a detailed description of the Courts system (organization of Courts, enrolment and careers of judges, their liability, number of magistrates and law cases), the Authors provide an in depth analysis of the rules and mechanisms aimed at a uniform interpretation in order to avoid the phenomenon of non unity of jurisprudence, which is although well-known in Italy due to several agents, such as an overwhelming amount of laws and law-cases. The study also offers an analysis of recent decisions at the top level Courts in Italy (Corte Costituzionale and Corte di Cassazione) and in Europe (European Court of Justice and European Court of Human Rights) pointing out the main issues and the solutions offered by Courts.
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The initial democratic transitions in Central and Eastern Europe resulted in the emergence of re-combined civil societies across the region. The most important were the quality of democracy in individual countries, the resources and strength of independent civic initiatives, the role of the state in financing and supporting emerging civil sectors. Yet, it is the consensus view, that all post-communist countries share weak and structurally deficient civil societies, in fact, correct? This study introduces the way Central and Eastern Europe tackled the state socialist past through the example of Hungary and Poland. The hypothesis that will be verified in the article is that actions taken by the Hungarian and Polish governments lead to increased control and public power over the activities of civil organizations, which limits their development and functioning. Has the civil society been able to form an independent entity within the once politicized state in terms of organization, embeddedness, and national economic importance?
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This article offers an overview of the main problems occurring in translation of legal texts, especially legal acts of the EU. First it introduces the characteristics of legal texts and the reasons for most of the translation problems. They arise due to the specific legal terms that every country develops in time, even if the same language is used. Another problem is the necessity to maintain all linguistic and formal textual features of the source text in order to make the translation transparent for the potential user. The empirical part is an overview of a bigger comparative analysis of EU legal documents in English and their Bulgarian translations. The typical mistakes found show that translators were not aware of the need for unification of terminology, especially on the part of EU terms, as well as of formal criteria to be met. The mistakes are divided into three groups, the examples are commented. As an outcome of the analysis there are some recommendations on how to improve the quality of these translations.
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This article aims to provide the non-Italian reader with an overview of the Italian perspective on the tax interventions that were adopted during the pandemic and those that will have to be adopted in the future to address the consequences they have left behind. It is not an article listing or explaining the measures that have been taken by Italy, however, it delineates the main tax issues raised by the COVID-19 pandemic from the perspective of constitutional and EU law. The purpose is strictly comparative and is intended to provide the foreign reader with an opportunity to draw points of reflection and comparison.
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One perspective for the analysis of the principle of equality is equality of opportunity and treatment between the two main genders, female and male, the concept around which this article was developed. At present, both the notion of equal treatment in employment and that of non-discrimination in employment relations are in a relationship of equality. The literature, as well as informal sources such as the media, social networks, etc., convey the concept of discrimination as the opposite of fairness. European Union legislation on non-discrimination has undergone many changes over the last two decades. In this way, the concept of gender equality has undergone a dynamic development both in legislation and in case law, and has become one of the twenty fundamental principles that define the European Pillar of Social Rights, the driving force behind the Europe 2030 agenda. The implications of this concept can be seen both in the economic sphere, particularly in the labour market: equal access and non-discrimination in employment relations, and in the social sphere.
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Starting from the unchallenged fact that „the environment is a responsability which we take upon in common”, this paper discusses the goal and principles of the Aarhus Convention – a landmark instrument of democracy in environmental policies. It presents the means of implementation- at national and EU level – of the Aarhus Convention, it invokes legislation passed by Romania in order to comply with the obligations taken with the ratification of the Convention and for the transplant of Directives no. 2003/4/CE and 2003/35/CE. It invokes the recommendations comprised in Decision VI/8h, as passed at the Meeting of the Parties to the Aarhus Convention – which took place at Budva, Montenegro, in 2017 – with regard to the non-compliance of Romania with the requirements of the said Convention, as surmised in two cases involving administrative litigation courts. The author argued that solely promoting the notions and legal institutions efficient in this area is insufficient, that the efficacity of justiciability in the area of environmental law must be a priority of national authorities, so that the protection of the environment may become a Romanian reality as well. In relation to the topic treated in this paper, the author formulates some proposals de lege ferenda that would lead to attaining said goal.
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This paper represents the opinion elaborated in the name of the Faculty of Law from the West University of Timișoara, at the request of the Hight Court of Cassation and Justice, The panel for preliminary ruling on questions of law, made in court file no. 2482/1/2021, in which Decision no. 84/2021 was delivered, preceded by the presentation of the questions of law and followed by a brief assessment of the reasoning of the High Court.
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Hotărârea Curţii de Justiţie a Uniunii Europene din data de 28 aprilie 2022, pronunţată în cauza C‑612/20, Hotărârea Curţii de Justiţie a Uniunii Europene din data de 28 aprilie 2022, pronunţată în cauza C‑637/20, Hotărârea Curţii de Justiţie a Uniunii Europene din data de 7 aprilie 2022, pronunţată în cauza C‑228/20, Hotărârea Curţii de Justiţie a Uniunii Europene din data de 7 aprilie 2022, pronunţată în cauza C‑333/20, Hotărârea Curţii de Justiţie a Uniunii Europene din data de 7 aprilie 2022, pronunţată în cauza C‑489/20, Hotărârea Curţii de Justiţie a Uniunii Europene din data de 7 aprilie 2022, pronunţată în cauza C‑342/20, Hotărârea Curţii de Justiţie a Uniunii Europene din data de 7 aprilie 2022, pronunţată în cauza C‑668/20, Hotărârea Curţii de Justiţie a Uniunii Europene din data de 24 martie 2022, pronunţată în cauza C‑711/20, Hotărârea Curţii de Justiţie a Uniunii Europene din data de 24 martie 2022, pronunţată în cauza C‑697/20,
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The European Union has given new impetus to the European Pact on Migration and Asylum, making important progress in trying to adapt the European response to the current migratory reality. The COVID-19 pandemic and the crisis generated by the war in Ukraine have, once again, highlighted the significant challenges faced by the European Union. Ongoing migration flows and rapidly evolving security challenges have resulted in a growing common awareness within the EU of the need to jointly address these new geostrategic challenges. In the Pact, the migration issue is addressed from a comprehensive approach, proposing different measures, and highlighting the role of the European Border and Coast Guard Agency (Frontex) in the management of the EU’s external borders. Regarding the EU’s international cooperation on migration and borders, Frontex emerges as the main player. This paper seeks to elaborate and analyse the legal frameworks enabling the Frontex Agency to implement its external dimension. It also examines the Agency’s international cooperation in the light of the new Frontex regulation and from the perspective of an essential component of European integrated border management (EIBM). Frontex can now provide support through joint operations on the territory of any third country, without the limitation of the neighbourhood tie.
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The European Union (EU) is determined to become the world’s first climate-neutral economy by 2050. The European Green Deal (EGD) is a comprehensive policy framework, intended to lead the EU towards this goal. The European Climate Law is the first legal initiative to implement the EGD. It makes climate neutrality a legally binding target, whilst also setting a mandatory goal of reducing emissions by 55% in 2030. To achieve the 2030 mitigation objective, the ‘Fit for 55’ legislative package includes proposals to revise the targets, scopes, and structures of all existing legal acts in the current 2030 climate and energy policy framework. It also contains proposals for new complementary legal instruments. This article provides an in-depth analysis of the evolving legal framework with the aim of assessing its potential to accelerate the green transition in the European Union and reinforce the EU’s climate legal architecture.
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Diplomacy is a state activity focused on international relations with other states and international organizations. It is a unique combination of knowledge of law, politics, and economics that should be applied in foreign policy in order for the state to achieve the best possible position in the international community, that is, international relations. States have always been directed at each other, but today in the globalized international community, no state can be isolated and survive as such. The world is unimaginable without the comprehensive cooperation of states. Multilateral diplomacy as a feature of the contemporary international community has a special role in the conditions of globalization. It is the result of new circumstances in the world and the general connection of states, and the need to solve issues on a global level that often relate to all of humanity. The paper deals with the issue of multilateral diplomacy as an important factor of the globalized international community in which there is a universal connection of states, as well as the need to solve numerous global issues on a wider forum based on the cooperation of all participants in international relations.
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