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Наказателното обвинение по смисъла на чл. 6, т. 1 от Европейската конвенция за защита на правата на човека и основните свободи

Author(s): Mariya Hristozova / Language(s): Bulgarian Issue: XIV/2016

The case law of the European Court of Human Rights has repeatedly emphasized that a number of concepts set out in Article 6 have autonomous meaning under the Convention. An example of this concept is the phrase "criminal charge" used in Article 6, Para 1 of the ECHR, which is analyzed in this report.

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Prawne aspekty walki z terroryzmem w krajowym porządku prawnym na tle wyzwań kształtowanych prawodawstwem europejskim

Author(s): Piotr Burczaniuk / Language(s): Polish Issue: 1 (1)/2022

W artykule podjęto temat prawnych aspektów walki z terroryzmem w krajowym porządku prawnym na tle wyzwań kształtowanych prawodawstwem europejskim. Analizowane zagadnienie jest ciekawe z uwagi na brak szerszych i aktualnych analiz prowadzonych w obszarze nauk prawnych, poświęconych przedstawieniu i eksplikacji prawodawstwa obejmującego przedmiotowo problematykę walki z terroryzmem. Niniejsze opracowanie jest próbą wypełnienia tej luki badawczej.W celu kompleksowego przybliżenia tematu i realizacji celów postawionych w artykule rozważania poprowadzono w sześciu zasadniczych częściach. We wstępie zakreślono tezę pracy oraz jej cele, następnie kolejno: dokonano analizy kształtowania regulacji prawnych prawa krajowego nakierowanych na przeciwdziałanie terroryzmowi; omówiono znaczenie ustawy o działaniach terrorystycznych w normatywnym systemie zwalczania terroryzmu w Polsce, z uwzględnieniem perspektywy i doświadczeń pięciolecia jej obowiązywania; zaprezentowano aktualny stan prawny Unii Europejskiej w obszarze terroryzmu; opisano perspektywy i wyzwania regulacyjne prawa polskiego na tle działań legislacyjnych organów UE; dokonano podsumowania prowadzonych rozważań, zakreślając perspektywy i wyzwania regulacyjne stojące przed prawodawcą krajowym na tle kierunków projektowanych rozwiązań legislacyjnych w Unii Europejskiej. [The article deals with the legal aspects of the fight against terrorism in the national legal system in the context of the challenges shaped by European legislation. The analysed issue is interesting due to the lack of broader and current analyses conducted in the field of legal sciences, devoted to the presentation and explication of legislation covering the subject matter of the fight against terrorism. This study is an attempt to fill this research gap.In order to provide a comprehensive overview of the topic and to achieve the objectives set out in the article, the study is divided into six main parts. In the introduction, the thesis and its objectives are outlined, then sequentially: an analysis of the formation of legal regulations of domestic law aimed at counter-terrorism is made; the importance of the Act on anti-terrorist activities in the normative system of counter-terrorism in Poland is discussed, taking into account the perspective and experience of five years of its implementation; the current legal status of the European Union in the area of terrorism is presented; the perspectives and regulatory challenges of Polish law in the background of legislative activities of EU bodies are described; the considerations carried out are summarized, outlining the perspectives and regulatory challenges facing the domestic legislator in the background of the directions of the projected legislative solutions in the European Union.]

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Interferenţa dintre principiile constituţionale ale egalităţii şi proporţionalităţii – semnificaţii juridice şi implicaţii sociale

Author(s): Marius Andreescu,Claudia Andreescu / Language(s): Romanian Issue: 01/2018

The equality in human rights and obligations, the equality of citizens before the law are fundamental categories of the theories on social democracy but also conditions of the lawful state, without which constitutional democracy cannot be conceived. In Romanian Constitution, this principle is consecrated in the form of equality of the citizens before the law and public authorities. There are also particular aspects of this principle consecrated in the Fundamental Law. The equality before the law and public authorities cannot imply the idea of standardizing, uniformity, enlisting of all citizens under the same legal regime, regardless of their natural or socio-professional situation. The constitutional principle of equality requires that equal treatment be applied to equal situations. This social and legal reality implies numerous interferences between the principle of equality and other constitutional principles: the principle of identity and diversity, the principle of pluralism, principle of unity and, in particular, the principle of proportionality. In this study, by using theoretical and jurisprudential arguments, we intend to demonstrate that, in relation to contemporary social reality, equality, as a constitutional principle, is a particular aspect of the principle of proportionality. The latter one expresses in essence the ideas of: fairness, justice, reasonableness and fair appropriateness of state decisions to the facts and legitimate aims proposed.

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Noutăţi în materia controlului ex ante al achiziţiilor publice potrivit O.U.G. nr. 98/2017: avizul conform al ANAP şi acţiunea în constatarea nulităţii absolute a contractului de achiziţie publică

Author(s): Emilia Lucia Cătană / Language(s): Romanian Issue: 01/2018

In this study, we aim to analyse the capacity of the National Agency for Public Procurement (ANAP) to issue assent in exercising its ex ante control function in the process of assigning public procurement contracts and of promoting action in establishing the invalidity of a public procurement contract as per E.G.O. 98/2017. Thus, according to the provisions of this regulation, the main forms of materialising the activity of ANAP in exercising ex ante control are assent and action for establishing the invalidity of a public procurement contract.

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Conferinţa cu tema: Achiziţii publice. Cadru normativ. Proceduri. Căi de atac în contextul european al accesării fondurilor structurale, Sovata, 22-25 februarie 2018

Author(s): Verginia Vedinas / Language(s): Romanian Issue: 01/2018

In zilele de 22-25 februarie s-a desfăşurat la Sovata cea de-a VIII-a ediţie consacrată materiei achiziţiilor publice cu tema precizată în titlul prezentului material. Sufletul organizării acestui eveniment a fost, ca de fiecare dată, S.C. Media Marketing SRL prin inimosul său reprezentant Marius Cristian Cătană, Emilia Lucia Cătană fiind preşedintele Comitetului de organizare. Alături de Media Marketing s-au aflat şi Instituţia Prefectului, Judeţul Mureş, Institutul de Ştiinţe Administrative “Paul Negulescu” al României, Institutul de Ştiinţe Administrative al Republicii Moldova, Universitatea “Dimitrie Cantemir” din Tîrgu-Mureş, Asociaţia Comunelor din Romania, Filiala Sibiu şi Editura C.H. Beck.

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Joëlle Pilorge-Vrancken, Le droit de la fonction publique de l’Union européenne, Editions Bruylant, Bruxelles, 2017

Author(s): Irina Alexe / Language(s): Romanian Issue: 02/2018

Review of: Joëlle Pilorge-Vrancken, Public services European Union law, Bruylant, Brussels, 2017 Editions

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Revizuirea art. 48 din Constituţia României

Author(s): Andrei-Răzvan Lupu / Language(s): Romanian Issue: 03/2018

The Romanian State prohibits, under the civil law, the same-sex marriage, however, such a prohibition has not been raised at the constitutional level, so that a group of united nongovernmental organizations filed a civic legislative initiative to revise the Constitution for the purpose of amending art. 48 thereof by replacing the word “spouses” with the phrase “a man and a woman”. The respective initiative has been validated, a referendum being organized taking into account the revision of the Constitution.

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Ezio Perillo, Valérie Giacobbo Peyronnel, Statut de la fonction publique de l’Union européenne

Author(s): Irina Alexe / Language(s): Romanian Issue: 03/2018

Review of: Ezio Perillo, Valérie Giacobbo Peyronnel, Status of the public office of the European Union, Éditions Bruylant, Bruxelles, 2017, 656 p

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Semnificaţii juridice şi implicaţii ale principiilor care stau la baza atribuirii contractului de achiziţie publică în dreptul intern şi dreptul comparat

Author(s): Emilia Lucia Cătană / Language(s): Romanian Issue: Supliment/2018

In this study we propose to analyze some of the meanings and the implications of the principles underlying the award of the public procurement contract in national law and compared law, in the particular case of France. The study presents the context of European regulations on the matter, represented mainly by the Treaty of the European Union respectively of Directive 2014/24/EU, highlighting the case-law of the Court of Justice of the European Union. The second part of the study analyzes the meanings and legal implications of public procurement contract in national law – Law no. 98/2016 – but also in the case law of national courts and reflected by the doctrine. Part 3 of the study analyses the topics in compared law – the particular case of France, which is distinguished by Ordinance no. 2015-899 of 23 July 2015 relating to public procurement, ratifed by Law no. 2016-1691 of December 2016. In the end, the study highlights the results and conclusions of the author reported to the analysis of the problems dealt with.

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Sindicatele – între rolul de factor de echilibru şi cel de instrument de presiune

Author(s): Teodor Narcis Godeanu / Language(s): Romanian Issue: Supliment/2018

The study aims to analyze the role of unions in the world states, in general, and in Romania, in particular. It starts from the Constitution provisions, which equally refer to the right of union association, as one of the components of the association fundamental right, recognized by article no. 40 of the Constitution and continues with the analysis of the constitutional role of the unions in the achievement of the professional interests of the employees. Last but not least, we take into consideration the contribution that unions, in their capacity as „social stakeholders”, has in the achievement of the domestic policy of a state, the Constitution obliging the Government to cooperate with them in the activity it carries out. The legal status of the trade unions is mainly developed by Law no. 62/2011 of social dialogue, the provisions of which will be analyzed in a distinct section of our study, as regards both the employees and the state officials.

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Locul Parlamentului European în ordinea instituţională stabilită prin Tratatul de la Lisabona

Author(s): Petruţ-George Bran / Language(s): Romanian Issue: Supliment/2018

The present paper discusses the fact that, although progress has been made regarding the process of EU democratization achieved through a more important role given to the European Parliament, to national parliaments and even to the citizens according to the Lisbon Treaty, The Council of the European Union and the member states continue to hold an important role in the institutional order as set out in the Lisbon Treaty. This order does not seem to entirely correspond to the institutional hierarchy as set out in Article 13 in the Treaty on European Union. New reforms of the Treaty on European Union and of the Treaty on the Functioning of the European Union are called for to give the European Parliament the prominence that follows from the enumeration in Article 13 in the Treaty on European Union.

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Bugetul Uniunii Europene

Author(s): Irina Văcăroiu / Language(s): Romanian Issue: 01/2019

In our opinion, the budget is the most accurate reflection of how European capitals are created, managed, administered and capitalized. The act which provides and authorizes for each exercise the overall estimated receipts and payments for the proper functioning of the European Union is the General Budget. The budget of the European Union is the act authorizing the annual financing of all European activities and interventions, the necessary resources, the priorities and the set objectives2. The most important role of the budget is the achievement of the Union's policies and priorities. This key element, called budget, is part of a wide range of European policy and regulatory instruments used to put into motion the political priorities agreed upon by all the Member States of the European Union. These are transposed into a multiannual financial framework that provides for different expenditure programs and platforms. The Council sets the 2014-2020 period as the current multiannual financial framework (MFF). Within the multiannual financial framework, it is the Commission that proposes a draft budget that directs expenses on the main policy priorities in the context of fiscal discipline. The European Union, through its budget, will further support the EU's external dimension as a key economic and political partner, as well as the main international investment and humanitarian aid provider. The funding of programs aimed at supporting the protection of justice and fundamental rights, as well as the rural development of each Member State, will continue.

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Particularităţi ale obligaţiilor autorităţilor publice locale din statele membre în materia atribuirii contractelor de servicii publice reglementate prin Regulamentul (CE) nr. 1370/2007

Author(s): Emilia Lucia Cătană / Language(s): Romanian Issue: 02/2019

This study carries out an analysis of certain issues relating to the enforcement, starting from 3 December 2019, of the provisions of art. 5 of the Regulation (EC) no. 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70, establishing obligations of the relevant local authorities as regards the award procedure of public services contracts falling within the scope of this regulatory act. To this end, it is also eloquent the recent case law of the Court of Justice of the European Union passed through the agency of the procedure of preliminary references, which is also examined.

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Provocări ale societăţii cunoașterii (Challenges of the Knowledge Society), eveniment organizat anual de Universitatea „Nicolae Titulescu” din București, cu tema „CKS 2019 – în contextul exercitării Președinţiei României la Consiliul Uniunii Europene

Author(s): Andreea Stroe / Language(s): Romanian Issue: 02/2019

Anul acesta, conferinţa internaţională „Challenges of the Knowledge Society – In the Context of the Romanian Presidency at the Council of the European Union” din 17-18 mai, organizată de Universitatea „Nicolae Titulescu” în parteneriat cu Universitatea „Deusto” din Bilbao, Baroul București și Societatea Română de Drept European, și-a desfășurat cea de-a 13-a ediţie sub patronajul Președinţiei României la Consiliul Uniunii Europene. Evenimentul a avut parte de o semnificativă vizibilitate internaţională, care a condus la creșterea importanţei cercetării știinţifice în domeniile sociale și a adus laolaltă mari specialiști din domeniul juridic, și nu numai.

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Cooperarea administrativă în domeniul fiscal. Implicaţiile realizării schimbului de informaţii şi a altor forme de cooperare administrativă dintre România şi statele membre ale Uniunii Europene

Author(s): Valentina Gherasim-Proca / Language(s): Romanian Issue: 03/2019

Administrative cooperation between Romania and the Member States of the European Union in the field of taxation entails, with regard to the mandatory automatic exchange of information, certain responsibilities at the level of local public administration as well. The national legislative framework demands from the local tax authorities to collect and provide the central tax body with data and information relating to immovable property located in their territorial jurisdiction and which are held in property by residents of other member States of the European Union. This article outlines some significant elements regarding the activities necessary to the automatic exchange of information in the case of real estate, the standardized procedures and forms facilitating the movement of information.

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Modernizarea dreptului administrativ în era transformării digitale. Actul administrativ electronic

Author(s): Emilia Lucia Cătană / Language(s): Romanian Issue: 04/2019

This study aims to analyze the modernization of administrative law in the digital era, taking into account the positive law at European level and the comparative law, in the context of the digital society. This means the adoption of the electronic administrative act, which is customized by specific procedural forms, such as electronic signature and deletion of the stamp.

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Legalitatea și calitatea reglementării în sistemul juridic românesc

Author(s): Gabriela Varia,Elena Constantin / Language(s): Romanian Issue: 04/2019

The paper presents some of the main contributions of the Romanian doctrine to the study of the supremacy of the Constitution and the principle of legality, and considers the quality of regulation as a dimension of legality, also underlining the major role that international organizations have in determining the dimensions of the principle of legality. Although the first two parts of our research are mainly theoretical, the last part of the paper offers examples from the practice of regulation, gathered during last years, the conclusions indicating the importance of the relation between regulation drafting technique and the principle of legality.

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THE ACTIVITY OF THE ANTI-TERRORISM CENTER OF THE REPUBLIC OF MOLDOVA IN THE FIELD OF COMBATING AND PREVENTING TERRORISM

Author(s): Cristina Ejova / Language(s): English Issue: 14/2022

An important issue in the field of combating terrorism is the formation of an appropriate regulatory framework and the existence of an effective system of counteraction at the national and international levels. Many states have adopted special laws regarding the fight against terrorism; most countries long ago came to the conclusion that the fight against terrorism must be the prerogative of special organizations. The article will highlight the activity, the political and legal framework of the Anti-terrorism Center of the Republic of Moldova in the field of combating and preventing terrorism.

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FinTech and Regulatory Sandbox – new challenges for the financial market. The case of the Slovak Republic

Author(s): Simona Hesekova Bojmirova / Language(s): English Issue: 3/2022

The article deals with the issue of emerging regulatory sandboxes and FinTech in the financial markets. The choice of topic is given by i) the topicality of the selected issues and dynamic changes in the financial markets, ii) the fact that there is no flat-rate framework for operating the regulatory sandbox and innovation hub and the EU's efforts to establish a framework for the operation of the innovation hub and the regulatory sandbox build on a comparative analysis of the steps already taken in Member States' legislation. Based on the analysis of previous scientific studies focused on the issue of regulatory sandboxes, the article identifies summarizing criteria on the basis of which it approaches the analysis of the operating of the regulatory sandbox in the conditions of the Slovak Republic. The article thus reflects on the need for analysis of national approaches to the establishment of the regulatory sandbox and complements the range of scientific studies with the lack of analysis of the regulatory sandbox in the conditions of the Slovak Republic. With this approach, the article supports the possibility of using the method of horizontal comparison of national regulations of individual states in setting a transnational approach to FinTech regulations, as well as contributes to further scientific research at the international level.

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Sustainable business in the European economic area

Author(s): Jana Kajanová,Silvia Matúšová,Peter Nováček / Language(s): English Issue: 4/2022

The European Green Deal creates a framework for sustainable business and for the implementation of new models of business and service provision. Sustainable business promoted by the European Union is determined by the enforcement of common measures in all EU member states. The paper aims to clarify a new business model, namely a sustainable business model, adopted by business companies which incorporate sustainability into the management and management systems of the company and make managerial decisions with regard to the protection of human rights and the protection of the environment. By using scientific methods such as a systematic analysis of valid legislation framework of sustainable business, a survey of factors influencing sustainable business, synthesis of acquired knowledge, and the comparison of acquired data, the authors formulated recommendations regarding sustainable business. A key aspect of sustainable business is the business environment, based on the principles of fairness, transparency, environmental sustainability, decent work and human dignity. Sustainable businesses are a benefit to the economy of each EU member state and a source of growth and employment. The benefit of the paper is to high light of the EU activities, promoting sustainable development and the transition of economies and business companies to sustainability.

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