Agencje wykonawcze. W poszukiwaniu nowych narzędzi zarządzania (governance) integracją w unii europejskiej

Author(s): Magdalena Sitek / Language(s): Polish Issue: 2/2016

The civilization changes have forced the implementation of new forms of organization and functioning of public administration, defined as governance, that serve to intensify the European integration. The government agencies are one form of greater integration through the decentralization of the public administration. There were initiated in the UK. In the European Economic Community, such agencies were established in the seventies of the twentieth century. In 2003, the special kind of agency, called the executive agencies were created in the framework of the European Union. Their duty is to perform technical tasks in the field of execution of Union management tasks, including such areas as science, culture, health, transport, consumer protection. In total, six such agencies currently operates in the EU. The organization and functioning of the executive agencies were standardized in the Council Regulation (EC) No 58/2003 of 19 December 2002 – laying down the statute of executive agencies. The ten-year period of the functioning of executive agencies should be assessed fairly well. The problem area that needs some adjustment is the question of the coherence of activities done by executive agencies with those done by the appropriate national agencies of the Member States, in order to develop and unify the standards of operation.

Dylemat zrównoważonej konsumpcji i zrównoważonego rozwoju w prawie międzynarodowym i UE.

Author(s): Piotr Krajewski / Language(s): Polish Issue: 3/2015

Sustainable consumption and sustainable development are the two areas of action with the significant influence on each state’s economy, especially the developed one. Sustainable consumption does not have to mean lowering the intensity of consuming – it should be rather connected with efficiency. In the definitions of sustainable consumption and development there are particularly emphasized the element of future and protection of living environment. For this purpose we should introduce and implement the policy of pro-ecologic education and educating citizens about the issues concerning selection of products and services and their impact on the environment. Sustainable consuming is also just, intergenerational and intragenerational using of the Earth’s resources considering abilities of absorbing and neutralizing implemented substances and waste. Otherwise there occurs air pollution, soil contamination, decrease of fresh water quantity, accumulation of waste, increasing economic and social disproportions, thus lowering of ecologic safety and deterioration of living conditions.

Nowoczesne standardy wymiaru sprawiedliwości.

Author(s): Piotr Kluz,Marta Lech / Language(s): Polish Issue: 2/2015

In the European legal culture evolved into a model of justice. This model reflects a legal tradition derived from Roman law and Canon law. It was based on the so-called principles, which include: openness of procedures, impartiality, discretion, professionalism and openness of procedures and the same proceedings. There by, it aspire to objectifi cation procedural steps, while judges detach from judgments or decisions. These standards have been saved in a number of acts of international law and in the constitutions of the various states, including the Constitution of Polish Republic. Modern judicial system provides advanced and equal access for all people not only to courts and tribunals but also to a just and public assessment of the case by a proper, independent and impartial court. In other words, it is one of the most fundamental human rights.

Między interesem państwa członkowskiego a Unii Europejskiej. Studium na przykładzie historii PGSP w Polsce

Author(s): Bronisław Sitek / Language(s): Polish Issue: 3/2016

The European integration raises hopes for the future of united Europe, but it does not solve all the current problems of individual Member States. One of them is to protect the rights and interests of the State Treasury of individual European Union’s countries. Therefore, each country has its own system of protection of these interests also towards the European Union’s countries. This situation is far from the perspective of unification of the European Union’s interests. In Poland, the State Treasury Solicitors’ Office deals with the legal protection of the rights and interests of the State Treasury.

СЪВРЕМЕННИ ИЗМЕРЕНИЯ НА МЕЖДУНАРОДНО ПРАВНОТО СЪТРУДНИЧЕСТВО ПРИ РАЗСЛЕДВАНЕТО НА ТРАНСГРАНИЧНИ ПРЕСТЪПЛЕНИЯ

Author(s): Ralica Voinova,Aleksandra Iliova / Language(s): Bulgarian Issue: 4/2018

This article aims to explore the latest draft legislation of EU in the area of criminal investigation of cross-border crimes. The legal mechanisms in this field need to be in line with the progress in modern electronic technologies. Cyberspace is a favorable environment for the preparation and execution of numerous crimes of a cross-border nature due to the supranational coverage of Internet. Therefore, electronic networks and communication technologies could be a valuable source of information concerning the identity of the perpetrator of any type of offense, about his/her relationship with other persons, organizations and institutions and also to contain data on the preparation and/or the consequences of the criminal act. Such information relevant to the subject-matter of criminal proceedings may be revealed through the means of gathering of electronic evidence. In this regard, in April 2018, the European Commission proposed for discussion two new legal instruments regulating the use of a European Production Order and a European Preservation Order for electronic evidence in criminal matters within the EU.

ЕВРОПЕЙСКАТА ЗАПОВЕД ЗА РАЗСЛЕДВАНЕ – НАЙ-НОВИЯТ ИНСТРУМЕНТ ЗА СЪБИРАНЕ НА ДОКАЗАТЕЛСТВА В ЕВРОПЕЙСКИЯ СЪЮЗ

Author(s): Ralica Voinova,Stefani Mancheva / Language(s): Bulgarian Issue: 4/2018

This article aims to analyze the advantages of the latest evidence-gathering instrument within the European Union - the European Investigation Order (EIO), introduced by Directive 2014/41/EU of the European Parliament and of the. Council of 3 April 2014 regarding the European Investigation Order in criminal matters.It is essential for the effective criminal law cooperation between EU Member States to apply rational approaches to investigate crimes that ensure the speed, objectivity, comprehensiveness and legality of criminal proceedings. As an instrument based on the principle of mutual recognition of judgments, the EIO significantly simplifies and speeds up the process of collecting valid evidence across the EU, especially in the investigation of cross-border crime.

ЗАМЕСТВАЩО СЪГЛАСИЕ ЗА ПЪТУВАНЕ НА ДЕТЕ В ЧУЖБИНА

Author(s): Milen Angelov / Language(s): Bulgarian Issue: 4/2018

This article discusses the issue and the legal framework in cases of parental refusal to have his/her child travel abroad with his/her other parent. The European Union practice on the subject is considered, as well as the preconditions that led to the legislative initiative on the adoption of Art. 127a of the Family Code and Interpretative Decision No 1 of 03.07.2017 of the General assembly of a civic college of the Supreme Court of Cassation. The case law on the subject is also examined

Assessing the Planning and Implementation of the EU Rule of Law Missions: Case Study of EULEX Kosovo

Author(s): Blaž Grilj,Rok Zupančič / Language(s): English Issue: 2 (15)/2016

The European Union Rule of Law Mission Kosovo (EULEX) is one of the most ambitious and complex EU Common Security and Defence Policy engagements to date. Its planning and deployment have gone through several political and legal difficulties that have challenged the overall EU planning process and exposed some of its internal flaws. This paper assesses the planning phase of EULEX and tries to identify some of the lessons learnt. It draws from the interviews conducted in Kosovo and takes into account both the EU and the non-EU perspectives. Both structural and political challenges affected the assessed planning process and delayed the deployment of EULEX in Kosovo. Due to the various partial interests among EU institutions and member states, the technical aspects of the planning have often been subject to political compromises. The paper further notes that the CSDP missions are positioned relatively low on the agenda of the member states and may occasionally rather serve as an instrument for the EU to “wave its flag” on the occasions where the EU cannot form a unified position. The initial CSDP framework was generally intended to serve as a rather short-term instrument; thus the paper comes to the conclusion that if the EU wants to plan and conduct complex, longterm civilian CSDP missions efficiently, then the mandates and general approach of the EU should be adapted accordingly.

УПРАВЛЕНИЕ НА ВЪНШНИТЕ ГРАНИЦИ ПРИ ПРЕМИНАВАНЕТО ИМ МЕЖДУ ЕВРОПЕЙСКИЯ СЪЮЗ И УКРАЙНА

Author(s): Ana Stoilova / Language(s): Bulgarian Issue: 2/2023

The article discusses the operational guidelines for the management of external borders, which are related to their easier passage from Ukraine to the European Union. These measures are dictated by the ongoing hostilities in Ukraine and aim to facilitate citizens leaving Ukraine to seek protection in the Member States.

Trimitere preliminară. Politica socială. Directiva 1999/70/CE. Acordul-cadru cu privire la munca pe durată determinată, încheiat între CES, UNICE și CEEP. Principiul nediscriminării. Diferență de tratament în caz de concediere. Rezilierea unui...

Author(s): Not Specified Author / Language(s): Romanian Issue: 2/2024

C.J.U.E., Marea Cameră, hotărârea din 20 februarie 2024, cauza C-715/20

Здравно-информационен юридически справочник 01.03-30.06.2024 г.

Author(s): Lilia Monova-Asenova,Veska Gergova / Language(s): Bulgarian Issue: 3/2024

THE ELIMINATION OF FORCED OR COMPULSORY LABOUR IN VIETNAM WITHIN THE CONTEXT OF THE EVFTA AND LESSONS FROM EUROPEAN COUNTRIES

Author(s): Rab HENRIETT,Dung Tien NGUYEN,Huyen Nguyen / Language(s): English Issue: 2/2023

Following centuries of attempts to improve labour standards and fight for the elimination of forced or compulsory labour, the problem remains severe on a worldwide scale. No country or continent in the world can abolish this phenomenon in all of its forms, concomitantly, not only does it affect developed and high-income countries, but it also has an enormous impact on developing ones like Vietnam. In order to preserve a level playing field, protect fair competition, avoid divergence on social and environmental standards, and provide each party with the ability to apply its social norms, this issue must be addressed. Eliminating forced or compulsory labour, therefore, is a remarkable goal that the European Union (EU) aims to achieve in its free trade agreements (FTAs), including the EU-Vietnam free trade agreement (EVFTA). Accordingly, the EU also demanded that Vietnam abide by the prohibition on forced or compulsory labour in EVFTA’s labour commitments. In light of the need to uphold obligations as a member and the potential market with the EU in the future, the study of eradicating forced or compulsory labour in Vietnam is crucial to both the EU and Vietnam's pursuit of sustainable development. This study focuses on evaluating legislation for eliminating Vietnam’s forced or compulsory labour, indicating the compatibility between the EVFTA’s labour commitments and the national legal system, and looking at the other EU countries’ experiences with this problem; from that, it provides recommendations on completing Vietnamese legislation.

Peníze, nebo (soukromý) život! Ochrana osobních údajů v obchodním modelu pay or okay

Author(s): Kristýna Bónová / Language(s): Czech Issue: 4/2024

This article discusses the controversial pay or okay business model and examines its legal prerequisites and implications when used on online platforms within the European legislative environment. The analysis begins with a review of a decision by the Court of Justice of the European Union, which deemed this model legal, followed by exploration of its theoretical and practical problematic aspects. Criticism of the model primarily focuses on freely given consent and the pricing of the “pay” option. Consequently, the European Data Protection Board and certain national authorities have formulated positions and outlined criteria to consider when contemplating the implementation of the pay or okay business model.

Income Taxation Conference

Author(s): Ondřej Málek / Language(s): English Issue: 4/2024

The document reports on the Income Taxation Conference held at the Faculty of Law, Charles University, on September 20, 2024. Organized by the Department of Financial Law and Financial Science, the conference attracted 110 experts from Czechia, Slovakia, Austria, Italy, and Poland. Prof. Radim Boháč opened with a keynote speech on the lack of a clear definition of income in the Czech Income Taxes Act. The event featured multiple panels, including discussions on international and European taxation, personal income taxation, and corporate taxation. Key topics included BEFIT regulation, cross-border income challenges, taxation of remote employment, and post-pandemic changes in income taxation. The conference concluded with a panel on recent tax changes in Slovakia and their impact on public finance. The event was deemed a success, highlighting the importance of ongoing discussions in tax law.

REPERTORIUL DE JURISPRUDENȚĂ ÎN MATERIE FISCALĂ AL CURȚII DE JUSTIȚIE A UNIUNII EUROPENE SEPTEMBRIE – OCTOMBRIE 2023

Author(s): Cosmin Flavius Costaş / Language(s): Romanian Issue: 5/2023

The Case-law Of The European Court Of Justice September – October 2023

IMMIGRATION AS A SERIOUS LEGAL PROBLEM IN RELATIONS BETWEEN THE REPUBLIC OF NORTH MACEDONIA AND THE EUROPEAN UNION

Author(s): Muhammed Izeti,Cengiz DESTAN / Language(s): English Issue: 21-22/2024

The Republic of North Macedonia, as the central part of the Balkan Peninsula, plays an important role in the transit of people, goods and services. Taking advantage of this position represents a great challenge. A recent example for this is the immigration crisis and activation of immigration transit routes. The legislation of the Republic of North Macedonia, especially the Law on Asylum and temporary protection is regulating all issues that outcome from the crisis. The law is balanced with international norms based on procedures of gaining and abolition of the right to asylum and subsidiary protection, as well as determining rights and obligations that outcome from the acquired status. This work is elaborating the main characteristics of the compliance process of Republic of North Macedonia regulations with the European Union in the context of immigration. During the research, were used all documents and legal correspondence between the European Union and the Republic of North Macedonia. The objective of this work is to present the progress and difficulties during the compliance process of the regulations of the Republic of North Macedonia with the EU, with the aim to provide direct conclusions about improvement of certain regulations.

Limitele sancțiunilor financiare internaționale în litigiile dintre particulari

Author(s): Cosmin Flavius Costaş,Radu Călin Buda / Language(s): Romanian Issue: 6/2023

In a world at war, the issue of international financial sanctions has raised very interesting questions. Such questions also arise in cases involving companies, since such companies are required to apply Regulation (EU) no. 269/2014 and refrain from making payments to certain businesses controlled by sanctioned individuals. The authors perform a theoretical analysis of such a case, showlighting the scope of application of art. 2 par. (2) with regard to the administrative clarifications provided by the Council and the Commission.

Libertatea de circulație a lucrătorilor și obstacolele fiscale în jurisprudența Curții de Justiție a Uniunii Europene

Author(s): Raul-Iacob Fătu / Language(s): English Issue: 6/2023

Free movement of workers is one of the important freedoms in the European Union, in the internal market background. During the times, the national tax law included many tax obstacles against this freedom. The Court of Justice of the European Union is the main legal player who established the conflicts between rules provided by a national legislation, on one hand and the Treaty on the Functioning of the European Union or others European regulations, on the other hand. Without any intention of exhausting the subject, the present study aims to analyze the relationship between the freedom of workers and tax obstacle through the right of residence, non-discrimination principle, the income of employment state more and less, social security contributions viewpoint. What is the internal market of the European Union? What is the freedom of workers? Who could be considered as a worker? How interact the tax area with the free movement of workers? These are the research questions that arise in this background. The research methods to answer these questions are exegesis of the legal texts and CJEU case-law, comparative and statistic method.

ПРИЛОЖИМОСТ НА ДИРЕКТИВА (ЕС) 2019/1158 ОТНОСНО РАВНОВЕСИЕТО МЕЖДУ ПРОФЕСИОНАЛНИЯ И ЛИЧНИЯ ЖИВОТ

Author(s): Luboslav Kostov,Emiliya Stanoeva / Language(s): Bulgarian Issue: 04/2024

The article aims to present a study of how different countries implement the work-life balance directive. The study was carried out in September - November 2024 on the basis of official documents, data and reports from Bulgaria, Germany and Slovenia. A comparative analysis has been made and one specific part of the directive, which concerns teleworking and flexible working hours as a work-life balance solution, has been examined. The results of the survey show that the model of applying flexible working schemes is the best developed in Slovenia - 47% of employers offer the possibility of flexible working hours. It is followed by Germany with 39%, and the least developed is in Bulgaria - only 8% of employers offer this option.

Evaluating the Regulatory Approach to Open Banking in Europe: An Empirical Study

Author(s): Michał Polasik,Agnieszka Butor-Keler,Paweł Widawski,Grzegorz Keler / Language(s): English Issue: 2/2024

This paper assesses the impact of the regulatory approach to open banking in Europe. The evaluation is based on a review of the revised Payment Services Directive (PSD2), Regulatory Technical Standards (RTS) and the studies of experts from 30 countries as part of the PayTechImpact.EU project. The study aims to examine the effects of the introduction of the PSD2 regulation in the EU. The results of the study reveal that PSD2 is an example of an effective lawmaking process. It focuses on stimulating innovation and creating new value for customers, while concurrently developing the competitiveness of the payment services market. EU regulation has proved to be an effective instrument for creating an open technical infrastructure in the payment services market. Infrastructure development within the European Community regulatory framework has lowered the entry barrier for payment services. Open banking has strengthened consumer security and resulted in fraud reduction. However, the high financial costs incurred in implementing PSD2 has limited its positive impact. The most important issues identified include inconsistent regulatory requirements for non-bank financial companies, the imperfect development of API-based open banking infrastructure, and problems with lost transactions. An analysis of the PSD3, PSR1, and FIDA regulatory proposals indicates that they adequately address the identified outcomes of PSD2 and expectations of financial sector stakeholders.