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Notion of Anticompetitive Agreement Challenged in Digital Environment

Author(s): Mária Terézia Patakyová / Language(s): English Issue: 1/2020

Prohibition of anti-competitive agreements pursuant to Article 101 TFEU and its counterparties in competition law of the EU member states is divided into three forms: agreements, concerted practices, decisions of association of undertakings. Each of them covers a different type of colluding and as such should cover a wide range, ideally all anticompetitive colluding. However, it has been recognised that certain potentially anti-competitive dealings are not covered by any of these forms. The very much discussed example is tacit collusion. This article explores these issues and it sets them into the digital environment. The question to be discussed here is whether the issues are deteriorating in digital environment. A supposed scenario is used to present problems of determination whether a dealing is an anticompetitive agreement.

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Breastfeeding as a (Non)Exclusive Right of Women in Labor Relations – the European Approach

Author(s): Juraj Hamuľák,Denisa Nevická / Language(s): English Issue: 1/2020

The authors of presented article deal with the issue of breastfeeding in labor relations. The current Slovak legislation allows only women to take a breastfeeding break. The authors wonder whether the regulation in question is still efficient in the 21st century and does not cause problems rather than benefits in practice. In foreign legislation, it is standard that a man, the child’s father, can under certain conditions take a breastfeeding break. The article analyzes Slovak legal norms and compares them with Spanish, Italian and Portuguese legal regulations as well as the chosen decision of the Court of Justice of the European Union regarding breastfeeding break. Methods of analysis, comparison and synthesis were used, which enabled the authors to form comprehensive conclusions as well as suggestions de lege ferenda. The authors’ opinion is, that the legal regulation of breastfeeding break in Slovakia needs to be amended in order to provide a father with the breastfeeding break under certain circumstances.

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BEYOND THE LISBON TREATY: STRENGTHENING THE STRATEGIC PARTNERSHIP BETWEEN THE COUNCIL OF EUROPE AND THE EUROPEAN UNION

Author(s): Titus Corlăţean / Language(s): English Issue: 1/2022

In 2009, the entry into force of the Treaty of Lisbon ushered the European Union into a new stage of European integration, placing democracy and the respect of the rule of law and human rights at the forefront of EU policies. This emphasis on issues which are the core mandate of the Council of Europe created greater opportunities for co-operation between the two organizations, at the level of a Strategic partnership. Since then, the Council of Europe and the European Union have consolidated this partnership, based on the three pillars of enhanced political dialogue, stronger legal co-operation, and a wide range of joint co-operation programmes. Goals such as the accession of EU to the European Convention on Human Rights will strongly enhance this co-operation. In 2022, the Russian Federation’s aggression against Ukraine and the ensuing exclusion of the Russian Federation from the Council of Europe recast the co-operation between the Council of Europe and the European Union into a new perspective. In light of the epochal changes that Europe is experiencing, the Assembly calls for a renewed impetus towards strengthening the strategic partnership between the Council of Europe and the European Union, on the basis of their shared values and commitment to promoting peace, security and stability on the European continent and supporting multilateralism worldwide*.

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DREPTUL LA LIBERTATEA DE RELIGIE DE LA EDICTUL ÎMPĂRATULUI CYRUS AL II-LEA (CEL MARE), PRIMA „CARTĂ A DREPTURILOR OMULUI”, PÂNĂ LA „TRATATUL INSTITUIND O CONSTITUŢIE PENTRU EUROPA”

Author(s): Nicolae Dură / Language(s): Romanian Issue: 2/2022

The analysis of the main documents of the international and European legal instruments, starting with Emperor Cyrus’s „Edict” in 539 BC, and ending with the „Treaty establishing a Constitution for Europe”, i.e. the European Union Constitution in 2007, revealed that the Right to freedom of Religion – perceived since ancient times as one of the main fundamental human rights – should not be asserted only in the constitutional text of the EU States, but it should also be protected under international and European law. This also involves ensuring several concrete measures of legal protection, as some emperors of the ancient world had otherwise done, such as Cyrus the Great, Alexander the Great and Constantine the Great. The assessment – be it brief – of these documentary evidences also revealed the constant concern of the humanity to include the Right to freedom of Religion into the „Charter of Human Rights”, whose basis lies both in „Jus divinum” and in „Jus naturale”, on the one hand, and in „Jus positivum”, on the other hand. This triggers the contemporary jurist’s need to greater familiarize himself/herself with the text and principles set out therein.

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JURISPRUDENȚA CURȚII EUROPENE PRIVIND DREPTUL LA RELIGIE. CONSIDERAȚII ȘI EVALUĂRI

Author(s): Cătălina Mititelu / Language(s): Romanian Issue: 2/2022

By its rulings and decisions, taken according to the provisions of „the European Convention of the Human Rights”, „the European Court of Human Rights” created a real jurisprudence in the field of human rights, among which the leading place was also the right to religion. In order to understand, and at the same time to exemplify the way in which the magistrates of the European Court perceived and pronounced themselves regarding the right to Religion, I examined and assessed some of rulings and decisions, which I referred to the text of the articles from the European Convention on Human Rights (cf. Art. 9 and 14). Since by the rulings and the decisions of the European Court - in various cases regarding the right to religion - have been created several legal principles, and therefore a jurisprudence in this field, it is therefore necessary for the lawmakers and the magistrates of the E.U. States to know them and apply them whenever they have to do with “jus-dicere”.

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Libera exprimare, informare, dezinformare şi drepturile omului

Author(s): Andreea Claudia Agapie / Language(s): Romanian Issue: 03-04/2020

The issues addressed in this article are based on the action of April 27th, 2020, of the Romanian People's Advocate, which asked the Strategic Communication Group to provide information and clarifications on restricting freedom of expression (specifically to explain why access was blocked to the public on certain digital platforms, in the context of the evolution of the SARS-CoV-2 epidemic). We will analyze in detail the proposal of the Strategic Communication Group dated March 18th, 2020, addressed to the National Authority for Administration and Regulation in Communications regarding the deactivation of a site that transmitted news considered to be false. The request of the People's Advocate aimed at clarifying some aspects regarding: the procedure for notifying and monitoring the occurrence of false news; the way of analyzing false news; the existence or non-existence of ways to warn the population about false news. The People's Advocate appreciated that the actions of closing the digital sites and platforms that “presented false news” represent a form of censorship of freedom of expression and a violation of free access to information: “actions of a nature to censor any of the freedoms (freedom of expression, free access to information) can lead to serious interference with fundamental rights and freedoms”.

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Protecţia datelor cu caracter personal în relaţionarea dintre colectivităţile locale

Author(s): Radu Stoian,Camelia Daciana Stoian / Language(s): Romanian Issue: 03-04/2020

Time constantly shows us that the problems of local communities are more and more complex and the capacity of the Local Public Administration Authority on the side of handling and solving public affairs always needs to be reshaped. Regulation (EU) 2016/679, referring to the protection of individual concerning handling of personal data and the free movement of this kind of data’s, applied within the context of the concept of local autonomy, has direct implications referring to the way of organizing the attributions and exerting the competences in direct relationship with the citizens of the Local Administrative Authority, petitioners or any other categories of individuals including employees or representatives of legal entities governed by public or private law. The purpose of this study represents an analysis of the practical reality, in fact, of the way that legal representatives of the Local Administrative Authority, those named responsible of personal data handling inside these authorities or any other public officer or employee, are aware of the importance of the judgments pronounced by The European Court of Justice from Luxembourg, or are aware of the necessity of following up so that the jurisprudence of this court is applied and enforced.

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Este oportună abrogarea art. I din O.U.G. nr. 26/2012 privind unele măsuri de reducere a cheltuielilor publice și întărirea disciplinei financiare și de modificare și completare a unor acte normative?

Author(s): Gina-Livioara Goga / Language(s): Romanian Issue: 1-2/2021

The adoption of the Government Emergency Ordinance no. 26/2012 on some measures to reduce public spending and strengthen financial discipline and to amend and supplement some normative acts2 solved an essential problem of liability of public money, given that there were no legal provisions to censor, in certain areas, the approval of the budgets of revenues and expenditures of some public entities. During the application of the above-mentioned regulations, several legal and constitutional controversies were highlighted, alleging, on the one hand, violations of provisions on the unconstitutionality of those provisions, such as the principle of equal rights, the principle of non-discrimination, respect for the right to defence. At the moment, we are witnessing a legislative step of full abrogation of the article of law. In the explanatory memorandum regarding the adoption of the Government Emergency Ordinance no. 26/2012 it is highlighted the fact that the approach of integration in the European Union involved extraordinary efforts from the perspective of regulating the national regulatory framework for the use of amounts reimbursed to Romania, in order to increase the absorption of structural funds, as these elements concern the general public interest, therefore the legislator aimed at establishing a set of rules to ensure prudent, restrictive and balanced budget execution. In this context, this emergency ordinance was adopted, which responded to the realities of that time, on the one hand, the need for more judicious spending of public money, in the context of integration into the European Union, and on the other hand, from the need to ensure the transparency of the use of public funds, but also taking into account the irregularities found by the Court of Auditors regarding certain areas of use of public funds and the recommendations of this institution. The public interest determines us even today to assess, in a delicate economic-social conjuncture, perhaps more profound, if the governmental objectives and strategies initially assumed towards the European Union are still of interest for the Government, given that maintaining the financial stability of the country has been put to the test by the crisis caused by the Covid-19 pandemic.

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ENVIRONMENTAL CONCERNS. THE ROLE OF GREEN PUBLIC PROCUREMENT IN ROMANIA

Author(s): Daniela Cîmpean / Language(s): English Issue: 1/2022

Public procurement, the process by which public authorities purchase work, goods or services, makes up a substantial part of the economies of the European Union Member States. This transforms the public procurement strategies and actions into a potentially strong instrument for governments to achieve economic, social, and environmental goals. But all these instruments depend substantially on the manner the public procurement system is managed, conducted and monitored. This paper analyses the European and national legislative framework in support of green public procurement and the possibilities foreseen public procurement legislation that allow public officials to „green” their purchases. As green public procurement is a voluntary instrument, the approach on environmental objectives varies within the Member States. Up to this moment, Romania has not adopted a National Action Plan for Green Procurement, making our country one of the last 4 European states that does not have one. The findings show that Romania has not effectively explored the possibility to approach environmental objectives through procurement regulation.

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CYBERSECURITY AND THE ECOLOGICAL DIMENSION OF DIGITIZATION

Author(s): Irina Zlătescu / Language(s): English Issue: 1/2022

Digitization is one of the most relevant topics of the world today. No matter where we are or what we do, it became impossible to escape the use of artificial intelligence, and, unfortunately, the threats this progress brings, including to the environment. One cannot deny the advantages technology offers, but, on the other hand, cybercrime found its way to our daily life. The article aims to give a clear and honest perspective on the field of cybercrime and cybersecurity.

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THE ROMANIAN LEGAL REGIME OF ACCESS TO INFORMATION IN ENVIRONMENTAL MATTERS

Author(s): Sorin - Alexandru Vernea / Language(s): English Issue: 1/2022

The paper will analyze the national regulations on access to information of public interest in matters of environmental protection according to Romanian Law no.544/2001 on access to public interest information. In order to compare the Romanian standard to international reference, the author will analyze the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, alongside The European Regulation (EC) no.1367/2006.Basically, the author concluded that the three normative acts contain some common provisions, but their use may lead to different effects depending on the type of information requested, or the institution to which the request is addressed.

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Protecția salariaților în cazul insolvenței angajatorului

Author(s): George Doru Lucaciu / Language(s): Romanian Issue: 1-2/2021

The year of 2020 was an atypical year in what concerns both the employer-employee relationship, but also when looking to the ordinary performance of the labour agreements. No matter if it was a suspension or temporary cessation of the normal business activity, the revenues reduction was mainly felt by employees whose labour agreements were adjusted accordingly and whose income decreased during the pandemic period. This is also the reason why, in line with the mandatory case law of the CJEU, Member States shall continue to work toward the clearest possible fulfillment of the obligation to guarantee the employees’ rights. We will analyze in the following paragraphs, the main means and methods for protecting the employees’ rights in the context where the employer is facing an insolvency procedure. The state of insolvency, as a factual matter, means giving the employer a chance of effective and real recovery, with the possibility of reintegrating the employer into ordinary civil circuit. It is clear that, in the course of insolvency proceedings, the employees working for the affected company will be the first ones to suffer from the lack of financial resources of the employer, who, in this case will not be able to pay their salaries. Of course, this situation requires adequate protection of the employees’ rights and interests.

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Consideraţii privind introducerea unui salariu minim european adecvat

Author(s): Claudia-Ana Moarcăş,Matei Midan / Language(s): Romanian Issue: 03/2021

This paper aims to present the impact of the minimum wage on adjusting and determining the methods used in remunerating workers, regardless of the adopted mechanism: through normative acts adopted by the competent authorities or through collective bargaining between the social partners. Through a historical, teleological, logical and comparative analysis and the approach of the subject, the thesis aims to highlight: (i) the topicality and importance of the minimum wage, proven by the current debates at the EU level on the establishment of a an adequate minimum wage in the Member States; (ii) the variety of its transparent mechanisms of establishment; (iii) the dynamic evolution of its establishment (from a simple temporary measure of national economy improvement to a fundamental instrument of social protection, necessary to insure a decent standard of living for the active population); (iv) the result of the research, under the form of lege ferenda proposals.

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Viceprimarul şi administratorul public – aspecte ale statutelor juridice, potrivit Codului administrativ

Author(s): Cristina Cornelia Feurdean / Language(s): Romanian Issue: 03/2021

The European Court of Justice from Luxembourg must be perceived definitively and undeniably as a judiciary authority belonging to the European Union, which ensures the interpretation and enforces the application of the EU law in a uniform way, in all the Member States, guaranteeing at the same time the dissemination of its jurisprudence in all official languages of the Member States belonging to the Union, via its Official website, via the European Union’s Official Journal and via other2 jurisprudence databases. So far, no problem has been identified, everything is clear, correct, and concise, even when we are analyzing the juridical framework of the relationship between the European Court of Justice and the national courts or the relationship between European Union law and national law. However, in current practice there is a temptation of avoiding the existing jurisprudence, to emphasize the idea that it would not be necessary to comply with a judgment of the European Court of Justice, unless standing trial in a national court, where such a decision could be invoked. In other words, if it stands and the juridical person or other forms of profession upon which some pressure is exerted cannot afford to waste time in Court, then why not give it a try?

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PUBLIC ADMINISTRATION IN A EUROPEAN CONTEXT. CASE STUDY: POSSIBILITIES TO COMPLETE THE TRIAL PERIOD – PRACTICE AT NATIONAL LEVEL VERSUS PRACTICE OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Author(s): Camelia Daciana Stoian,Eugenia Iovănaş / Language(s): English Issue: 3/2022

As social policy is outlined and its objectives stated in the provisions of Article 151 of the Treaty on the Functioning of the European Union, both the Union and the member states must be responsible for respecting "fundamental social rights such as those stated in the European Social Charter signed in Turin on 18 October 1961 and in the Community Charter of Fundamental Social Rights of Workers adopted in 1989". In the light of these goals, we are concerned with an analysis aimed at a legal and fair promotion and harmonization of the procedure for filling positions at the public administration level, with an emphasis on the protection of social rights and the harmonization of good practices developed, in conditions of honest social protection and combating exclusion and discrimination of any kind. It is therefore necessary, at a theoretical level, to take it for granted that the Union and all its member states implement practices aimed at favoring the harmonization of social systems. Concretely, however, we find that the applied procedures neglect the approximation of the issued administrative documents and any kind of common methodology, as long as a report is not regulated or applied at the national level that reproduces the conclusions of the verification of the professional skills of the employee at the end of the trial period. We propose in this article a substantiated analysis of the methods of termination of trial periods, so that the termination of employment contracts concluded during the trial period exclusively through a written notification, without notice and without any motivation, is no longer the concern of the courts, because the court cannot verify the existence or not of the professional aptitude in the absence of the presentation of some arguments by the employer that aim to fulfill or not within reasonable terms the assigned duties, certain difficulties in the service relationship or the degree of accommodation with the administrative and hierarchical system.

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Dreptul securității sociale. Protecția salariaților în cazul transferului întreprinderii, al unității sau al unor părți ale acestora. Dreptul Uniunii Europene și legislația națională

Author(s): George Doru Lucaciu / Language(s): Romanian Issue: 04/2021

The evolution of modern society, the economic changes, and the acceleration of the formation of new companies have required, among other things, the adoption of rules to protect employees in the event of transfer of companies. In its case-law, the European Court of Justice has clarified the objectives related to whom the Member States must respond in order to give adequate protection to workers’ rights. The transfer may not affect the principle of legal certainty, social employment relations or the workers’ rights provided for in the applicable individual employment contract and collective bargaining agreement. The transfer itself cannot constitute a reason for individual or collective dismissal, as shown in several European and national court rulings.

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THE PRELIMINARY DECISIONS ISSUED BY THE COURT OF JUSTICE OF THE EUROPEAN UNION AND THE JUDGMENTS FOR RESOLVING LEGAL ISSUES OF THE HIGH COURT OF CASSATION AND JUSTICE. COMPARATIVE STUDY ON THE ADMISSIBILITY CONDITIONS

Author(s): Anamaria Groza,Vali Ştefania Ileana-Niţă / Language(s): English Issue: 3/2022

The study intends to discover resemblances and differences between the judicial institutions of preliminary decisions in EU law and decisions on unlocking matters of law delivered by the Romanian SCJ, both in civil and criminal fields. Our interest is to clarify the deep significance of these resemblances and differences from the perspective of law systems and the jurisprudence of the ECJ and SCJ. In the third place, we intend to evaluate the utility of these mechanisms of interpreting law and unifying practice from a general perspective, hoping that a system can become a source of inspiration for the other system. The research is descriptive, explanatory and comparative, being accompanied by relevant doctrine and jurisprudence.

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Politici publice de actualitate – acțiune guvernamentală „de așteptat”

Author(s): Camelia Daciana Stoian / Language(s): Romanian Issue: 02/2022

The concept of this material represents a first step of a staged project that is meant to raise awareness of current state of family law and we rely on the fact that, in the near future, we shell face a successful and more applicative perspective which would be reshaped, from legislative point of view, at least as codes of good practice. At the same time, this article is addressed not only to professionals, civil servants, contract stuff, but also to future occupants of public administration positions, such as students who already study a dedicated program of this field. This approach is felt to be necessary, as the proposed topic combines case law and the duties of professionals with national and European legislation, and more attention is paid to the idea that some institutions of family law are being redefined at European level. Are civil servants currently trained in European law or even in the effects of judgments of the Court of Justice of the European Union in the exercise of their duties? Are, for example, the implications of respect for the right to freedom of movement in family law matters being dealt with in an assertive manner? We thus have pertinent questions which require the correlation of the aspects used only at a theoreticalinstitutional level with the accession to the Union, although the outlined jurisprudence versus the socio-traditional impact has already created a battlefield aimed either at traditional educational actions or at changing the mentality in the sense of forming a culture of zero tolerance motivated by the disrespect of human rights and the extensive limits which derive from this. The honour of the parties of another side of the socio-political partnership obliges by the respect for the rights of every European citizen, in quasi-totality, the public policymaking body (central specialized public administration) and, without any doubt, the experience of the specialized academic body, to solve policy problems that „caught the eye” on this segment of family law.

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Reflection on Nigeria’s Air Pollution Regulations with a View to Learning from the European Union

Author(s): Adeola Olufunke Kehinde,Ifedapo Oluwakemisola Osadola,Adebusola Awonuga / Language(s): English Issue: 1/2023

The effects of air pollution on all people across the globe cannot be overemphasized. It is a phenomenon that needs urgent attention from all countries of the world. Serious efforts must be made to cut down the greenhouse gas emissions by all nations so as to reduce the menace of air pollution. Various countries including developed, developing and under developed are making efforts to tighten the control of pollution so as to ensure that the rate at which people are exposed to pollutants across their cities are reduced, but in spite of all these efforts, the level of pollution all over the world seems to be going higher, Nigeria inclusive. The level of pollution in Nigeria is still very high and there seems to be no solution around the corner. The World Health Organization (WHO) has noted that each year, air pollution is responsible for nearly seven million deaths around the globe. This shows the extent to which air pollution has wrecked and is wreaking havoc on the entire world. This article is necessary at this time as it has been noted that there is no concrete legal framework in Nigeria which addresses air pollution. The existing laws regarding environmental protection are grossly inadequate to take care of the level at which air pollution is ravaging Nigeria as a country; also, the existing laws lack enforcement mechanism. There is a need for the Nigeria government to come up with a standard and adequate law to tackle the menace of air pollution in Nigeria and the country must be ready to ensure that the laws made are adequately enforced. This article examines what air pollution is all about and its effects on human beings and the Nigeria environment at large bringing out lessons Nigeria can learn from the EU.

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State Aid - Commitment to join the European Union

Author(s): Olesea Lungu / Language(s): Romanian Issue: 1/2022

The Vector of European Integration is one of the priority directions of the policy of the Republic of Moldova. In order to achieve this goal, the Republic of Moldova has made several commitments through Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (ratified by Law no.112/2014). Through the Association Agreement, the Republic of Moldova has made commitments in the field of state aid, including in respect of state aid monitoring. Monitoring state aid is a complex process, the correctness of the performance of which depends not only on the efficiency of the use of public resources and preventing significant distortion of the competition environment, but and the level of fulfillment of international commitments.

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