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PRAVNI OKVIR I MEHANIZMI ZA UNAPREĐENJE ZELENIH JAVNIH NABAVKI U BOSNI I HERCEGOVINI S OSVRTOM NA EVROPSKO ZAKONODAVSTVO

Author(s): Amira Perenda,Selma Otuzbir - Mecan / Language(s): Bosnian Issue: 29/2024

In today's world, the issue of sustainability is becoming crucial in all segments of economic and social development, and green public procurement is one of the most important tools for achieving the goals of sustainable development, reducing negative impacts on the environment and promoting energy efficiency. Bosnia and Herzegovina (BiH) has recognized the importance of sustainable public procurement in the context of environmental protection, however, the legal framework for green public procurement is not sufficiently developed and harmonized with European norms and standards. Building an efficient legal framework for the development of green public procurement in Bosnia and Herzegovina is a key measure for improving sustainable practices. Legal regulation in BiH regarding green public procurement is based on the Law on Public Procurement of BiH, which is harmonized with the legislation of the European Union (EU). Although the law does not explicitly recognize "green" procurement, it enables the use of ecological criteria in the selection process, with the condition that these criteria are related to the subject of the procurement. The improvement of legal regulations in accordance with European standards requires the improvement of capacities and harmonization with EU policies, including training and strengthening the role of public procurement in achieving the goals of sustainable development. Despite the above challenges it faces in implementing green public procurement, BiH has the potential to create a solid foundation for its development and the realization of economic and environmental benefits.

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Aplikačné otázky správneho trestania v kontexte subjektov podliehajúcich MiCA reguláci1

Author(s): Mária Potančoková / Language(s): Slovak Issue: 2/2024

This paper aims to illustrate the theoretical and practical aspects of administra¬tive sanctioning, with a particular focus on those entities subject to MiCA regulation that have not yet been regulated in other sectors of the financial market. In addition to admi¬nistrative offences arising from MiCA regulation, the paper also pays special attention to AML regulations, in particular from the perspective of the construction and objective aspects of administrative offences, general principles of administrative punishment, and highlights the risks of negative trends related to the unclearly defined objective aspects of administrative offences.

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Preventivní zásah na ochranu právního státu: očekávání a výsledky

Author(s): Ivana Tvrdoňová / Language(s): Czech Issue: 3/2024

Nuclear option or also value infringement. These slogans are sometimes linked to proceedings under Article 7 of the Treaty on the EU, which allows the Union to defend its values in the event of shortcomings in Member States. So far in practice, however, only proceedings under the first, preventive paragraph have been initiated. The article focuses on the evolution of the text of the provision in question, the associated political capital invested and compares the ambitions thus identified to existing practice results.

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ITALIA – Paradisul pierdut (și regăsit) al condamnaților definitiv

Author(s): Andrei-Claudiu Rus / Language(s): Romanian Issue: 1/2023

If long time ago fleeing on the territory of other States of convicted offenders who wanted to avoid the enforcement of sentences was an optimal solution, the development of legal instruments for international judicial cooperation and especially the simplification and harmonization of surrender procedures between the member States of the European Union led to the result that the spaces where convicted persons could consider themselves sheltered became more and more restricted. This led to the need for the convicted offenders to identify, mainly with the help of lawyers, gaps or imperfections in the legislation of other states, which would allow either the refusal of extradition to the issuing State, or the enforcement of sentences in alternative ways to the one in deprivation of liberty regime. In the article, two well-known cases are analyzed, in which the convicted persons managed to avoid the enforcement of the sentences, fleeing Romania and arriving in Italy, a country where the harmonization of the national legislation with the provisions of the Decision - framework 2008/909/JAI and with the principles deriving from the jurisprudence of the Court of Justice of the European Union was realized late and overlapped with a great flexibility of the judicial authorities in the interpretation of the European law. A first problem analyzed refers to the possibility of the judicial authorities of the executing State to proceed, following the recognition of the sentence, to a re-individualization of the way of enforcement of punishment, replacing it practically with one that does not involve deprivation of liberty, aspect which is considered to be contrary to the purpose of the principle of trust and mutual recognition, which is the basis of international judicial cooperation. A second issue concerns the fact that the judicial authorities of the executing State are using the prerogatives of interpreting and applying the domestic law of the issuing State, a matter that goes against the principle of territoriality of the application of criminal law. Finally, the last issue analyzed refers to the impossibility of the coexistence of a warrant for the enforcement of a custodial sentence, issued by the issuing state and on the basis of which a European arrest warrant was also issued, with another warrant for enforcement, issued by the judicial authorities of the State that proceeded to the recognition of the judgment of conviction and which was thus integrated into the internal legal order of the latter State.

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L'importance du Comité d'experts sur l'évaluation des mesures de lutte contre le blanchiment des capitaux et le financement du terrorisme et de la Division de la coopération contre la criminalité économique dans la lutte contre le blanchiment d'argen

Author(s): Dragoș Pârgaru / Language(s): French Issue: 1/2023

The fight against money laundering and against the financing of terrorism is one of the most important elements of criminal policies in all legal systems. With the same purpose, at the international level there are many organizations and different entities that provide assistance and support for the domestic legal systems. Even though the fight against money laundering is not of the essence of the Council of Europe’s activity, its complex system of committees, groups and other similar entities also covers this issue. The Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism and the European Crime and Cooperation Division are the main actors to this end. This article aims to briefly present the history and the current activity of each of the two mechanisms previously mentioned. Also, the author aims to find potential improvements of their activity.

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INTERNATIONAL INVESTMENT ARBITRATION – AN OUTLOOK FROM CROATIA

Author(s): Paula Poretti,Mirela Župan / Language(s): English Issue: 4/2024

Since Croatia’s establishment as a sovereign country in the early 1990s, foreign investments have been identified as a strategic priority of its economic policy. Croatia seeks to provide a stable legal environment for foreign investors through its domestic rules, EU law or bilateral investment treaties. Providing legal protection in international investment disputes is a challenging task, and requires careful balancing between protecting private investor interests and the public interest in the State of investment. Entrusting this task to ad hoc arbitration tribunals, which adjudicate based on a specific body of investment law, and its open concepts, has been under increasing criticism, leading to a conclusion that the characteristics that distinguish arbitration from court proceedings are, at the same time, its greatest shortcomings. On the trail of this reflection, and following the Achmea case, there is increasing advocacy for establishing a special EU court for international investment disputes. This paper focuses, however, on the investment dispute resolution before ICSID involving Croatia either as the respondent or the home state in the last half decade.

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Navigating the Digital Seas: Free Movement of Services in the Digital Single Market

Author(s): Ovidiu Ioan DUMITRU,Iulia-Alexandra Didu / Language(s): English Issue: 1/2024

The harmonisation of the European Union's Digital Services Law epitomises a joint collaboration in the making of a legal framework where innovation and economic growth may find fertile ground. The convergence of such legal frameworks would not turn out to be an idle bureaucratic practice, but a visionary step toward a digitally integrated Europe. This harmonisation process means evading legal uncertainties and incoherencies deterring the smooth delivery of digital services by bringing national laws into line with overarching EU directives. This study, therefore, seeks to look at the detailed legal and regulatory framework that shapes the notion of a unified Digital Single Market in the European Union. With services crossing borders so easily, this article explains the subtle balance that has to be struck in a bid to nurture innovation while maintaining consumer rights, non-distorted competition, and data privacy. The narrative meanders to the pivotal legislative milestones of the Digital Services Act and the Digital Markets Act as a way to appraise the transformation this will exact on service providers and consumers alike. It contemplates the subtleties of cross-border data flows, dismantling barriers to digital trade, and emphasising harmonisation at the level of national rules in this domain. By providing a comprehensive analysis of current policies and landmark decisions of the European Court of Justice, the article underlines an urgent need for a smooth-acting, responsive legal framework - one that will foster the growth of the digital economy while protecting the fundamental rights of citizens. It further emphasises the ethos of collaboration amongst member states in the EU and stands to uphold a uniform approach in the mastering of the complexities surrounding service provision in the digital market, displaying that the DSM is resilient and inclusive in the whirlwind created by technological evolution.

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Blockchain Technology, Perspectives of a New Way of Banking

Author(s): Dragoș Mihail Mănescu / Language(s): English Issue: 1/2024

The paper puts face to face the blockchain technology and the services attached to it in the field of Decentralised Finance (DeFI) as it tries to answer to questions related to the efficiency of its use and the means to regulate this type of new financial services. At the same time, it proposes a series of technical and legislative solutions in order to mitigate the risks for businesses and consumers and to prevent any systemic dangers for the financial and banking system.

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Should the Rich Pay More - Even in Socialism or Rather only in Socialism?

Author(s): Kinga PÉTERVÁRI / Language(s): English Issue: 2/2024

This paper discusses the arguments that were used in the parliamentary debates in Hungary when the introduction of the personal income tax in 1987 was discussed in the plenary session. The thesis is that the reasoning in the national assembly towards the end of the socialist regime in Hungary could be analysed as a real parliamentary debate back then, because the less influential a national assembly is, the more informative its debate may be. So owe to its fairly irrelevant, non-influential therefore more informative dispute, the reasonings may be studied. Although no doubt occurred that the personal income tax should be progressive, the reliance on data in a secretive socialist country did raise some questions. Indeed, the objective of the progressive personal income tax cannot be achieved without an overall trust in the system. Yet, this trust was everything but obvious during the discussion. Besides, applying the justifications of the Huerlimann-Brownlee-Ide pattern of arguments used for in the political debates after WWII in matters of taxation, it is interesting to construct the Hungarian debate in this context too: Hungary even in the socialism, proved to be rather closer to a non-consensual society than not, which provided for tax regimes ad-hoc, reacting to the crisis at hand, where nonetheless the reasonings of the traditional social democrats were used so as to create a competitive - non-consensual - eonomy. Thus the reasonings are closer to the consensual policy-making model, but the aim is to deal with a crisis mobilization model: 'if you want to achieve something you have to do it on your own'.

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Protecția consumatorilor. Acțiune în constatarea nulității absolute. Clauză abuzivă. Contract de credit. Risc valutar. Principiul nominalismului monetar. Comision de rambursare anticipată. Dobândă variabilă. Caracterul clar și inteligibil al clauzei.

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

i) The High Court finds that the defendant-appellant's claims are well-founded, arguing that the court of appeal conducted an incorrect examination of the conditions set out in Article 4(1) of Law no. 193/2000 regarding the early repayment fee. Relevant to the validity of this criticism are the CJEU rulings in case C-621/17 and the joined cases C-224/19 and C-259/19. ii) In light of these considerations, the High Court of Cassation and Justice finds that the court of appeal correctly applied the provisions of Article 1578 of the Civil Code, determining that the disputed clause, from the perspective of Law no. 193/2000, reflects the principle of monetary nominalism—a supplementary legal norm applicable, as recognized by the Court of Justice of the European Union in its recent ruling, to the legal relationship in question in the absence of a different agreement between the parties.

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Trimitere preliminară. Protecția consumatorilor. Directiva 93/13/CEE. Clauze abuzive în contractele încheiate cu consumatorii. Articolul 2 litera (b). Noțiunea de «consumator» Contract de credit ipotecar indexat într o monedă străină. Persoană fizică

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

CJEU, Tenth Chamber, judgment of October 24, 2024, case C-347/23.

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70 let právní vědy na stránkách časopisu Acta Universitatis Carolinae Iuridica

Author(s): Pavel Maršálek,Václav Pavlíček,Miroslav Sedláček,Alena Winterová,Stanislava Černá,Monika Pauknerová,Kristina Koldinská,Jan Pichrt,Martin Kopecký,Radim Boháč,Roman Vybíral,Vladimír Pelc,Vojtěch Stejskal,Pavel Šturma,Michal Tomášek / Language(s): Czech Issue: 1/2025

The paper reflects on the seventy-year history of Acta Universitatis Carolinae Iuridica, one of the oldest law reviews in the Czech Republic. It focuses on the changes in its content and scope in relation to social and political events, from ideological influences in its early years to its internationalization and inclusion in the Scopus database. The aim of the paper is to analyze the journal’s development concerning various legal disciplines and highlight its role in aligning national law with EU law, as well as its significance for legal scholarship at both the national and international levels. Special attention is given to its contribution to the development of the theoretical foundations of national law and their practical application.

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Může soud dotvořením práva pomoci zaměstnanci se zdravotním postižením?

Author(s): Nicolas Ölveczky / Language(s): Czech Issue: 1/2025

In this paper I attempt to examine the question of whether the court can aid an employee with a disability through judicial law-making. I do so by analysing the Supreme Court’s decision 21 Cdo 1276/2016. I will try to demonstrate, that it did not in my opinion consider and reflect the EU and international approach to the integration of employees with disabilities into the workforce with a sufficient degree of intensity. I introduce these approaches, and I try to showcase their possible relevance to Czech case law. I overall try to assess the decision in terms of the (in)admissibility of its judicial law-making. This means that I am attempting to determine whether the court has impermissibly encroached (by the way it interprets the law) upon the legislative authority of parliament. I firstly address the issue of judicial law-making itself theoretically and then through case law. In the case law section, I outline a “methodology”, describing a procedure a court should follow when wanting to engage in judicial law-making. I then analyse the case 21 Cdo 1276/2016 through the lens of the theoretical setting, “methodology”, and knowledge of the EU and international approach. I point out its legal framework, present its two legal conclusions, and I attempt to evaluate them in terms of their conformity with the approaches, and their (in)admissibility respectively. I affirmatively answer the question posed in the title in this part of the text in the context of a specific labor law case. I then outline the abstract implications derivable from such an analysis in the conclusion. There I provide a positive answer to the question posed in the title in a general way. Finally, I note the non-exhaustive, practicality, topicality, and interdisciplinary applicability of the topic of judicial law-making as a whole.

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RO e-Transport în contextul dreptului Uniunii Europene. Compatibilitate sau incompatibilitate?

Author(s): Vasile Ianovici,Szilárd Gáspár-Szilágyi / Language(s): Romanian Issue: 3/2024

The purpose of this article is to analyze the compatibility of the RO e‑Transport system and its implementation with European Union law. Although this system is intended to combat VAT evasion and illicit trade in goods, RO‑e Transport in its current form discriminates between domestic and intra‑EU transactions. The system’s compatibility with EU law will be analyzed from three different perspectives. First, we note that there is an incompatibility with Regulation no. 1100/2008, which prohibits a series of controls on the intra‑EU transport of goods and freight carriers at the intra‑EU borders of Member States. Secondly, the system and its implementation amount to measures having an equivalent effect, which are prohibited by articles 34 and 35 of the TFEU. Finally, we find that the system and the fines it envisages are not in line with the provisions of art. 273 of the VAT Directive (no. 2016/2011).

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THE EU’S HUMAN RIGHTS ADVOCACY IN BOSNIA AND HERZEGOVINA (2000-2008)

Author(s): Beáta Huszka / Language(s): English Issue: 15/2015

This chapter investigates how the EU’s human rights conditionality operates in the enlargement context, and what is its real impact in the target countries on existing human rights practices. The fundamental question about the efficiency of conditionality is ultimately whether it can induce the transformation of existing norms and practices going beyond formal compliance. First, the various inconsistencies characterizing the EU’s human rights promotion will be reviewed here, because the resulting lack of credibility seems to undermine this transformative effect. The second half of this chapter will demonstrate how these inconsistencies play out in an actual case through studying the EU’s conditionality policy in Bosnia and Herzegovina before 2008. It will be shown that the credibility of conditionality policy was seriously compromised during this period as the EU practically accepted partial measures, which were never quite enough for putting the reforms in place as they were originally intended.

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THE EUROPEAN GREEN DEAL AND THE JUST TRANSITION IN THE EUROPEAN UNION: AIMS AND SOCIAL ASPECTS OF THE “FIT FOR 55” PACKAGE

Author(s): Angela Festa / Language(s): English Issue: 2/2025

The “ecological transition” has constituted a priority on the political agenda of the first European Commission under the leadership of Ursula von der Leyen, who has worked assiduously from the very first days of her mandate to steer the social market economies of EU member states towards the ambitious goal of decoupling economic growth from emissions that contribute to climate change. It’s widely known that no more than ten days after taking office, the EU executive unveiled the European “Green Deal”, a pioneering strategic plan which aims to make Europe the first climate-neutral continent by 2050. The Green Deal, which points the way to the realisation of what has been described as a true “revolution”, has identified a dense set of legislative proposals, financial instruments, programmes and action plans. This contribution will focus in particular on the “Fit for 55” package presented by the European Commission in July 2021 to implement the commitment set out in European climate legislation to reduce greenhouse gas emissions by 55% by 2030 compared to 1990 emissions. The approval of a large part of the program’s measures by the Union’s colegislators makes it one of the first concrete implementations of the Green Deal and provides an initial opportunity to assess the progress of the EU-led environmental transition process in relation to the greenhouse gas emission reduction target and to make some brief considerations on the measures which have been introduced to address the social consequences of such initiatives.

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LA RÉPUBLIQUE DE SERBIE ET L'UNION EUROPÉENNE: UN PAS EN AVANT, UN PAS EN ARRIÈRE

Author(s): Marija Vlajković,Jelisaveta Tasev / Language(s): French Issue: 28/2022

La République de Serbie fait partie, avec le Monténégro, des pays les plus avancés dans le processus de négociations d’adhésion à l’UE dans les Balkans occidentaux, bien que ledit processus dure depuis deux décennies.

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ET SI L’AVENIR DE L’UNION EUROPÉENNE ÉTAIT AUSSI À L’EST?

Author(s): Alain Delcamp / Language(s): French Issue: 27/2022

Si les événements actuels entre la Russie, l’Ukraine et ce qu’il faut bien encore appeler « l’Ouest » ont peut-être un mérite, c’est qu’ils obligent les Européens à tourner un peu plus leur attention sur l’Est du continent. Pour la première fois, l’Ukraine n’est pas seulement présentée comme un fils égaré et ingrat de l’ancienne Union soviétique, une sorte de zone naturelle d’influence de la Russie (le seul pays qui semble avoir le droit d’en avoir une) ou une nation artificielle. Elle est devenue un enjeu politique majeur et a donc accédé à l’existence, d’autant qu’elle a un gouvernement pas si inefficace que l’on dit et qui est animé par un sentiment qui évoque encore quelques souvenirs: le droit des peuples à disposer d’eux-mêmes.

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The European Court of Human Rights and the Major Arguments in Environmental Law

Author(s): Ciprian Gabriel Ungureanu / Language(s): English Issue: 2/2023

The recognition of the right to a healthy environment is the result of a jurisprudential evolution which, without presupposing the explicit recognition of new rights, called for the extension of the scope of application of already existing rights (protection by ricochet, according to the established formula). In this context, the ECHR played and plays an important role in concretizing the right to a healthy environment, a right that indirectly imposes related implications to other rights that guarantee the essential right, namely the right to life of the natural person. Through its activity, the approach of the ECHR is an original one in that it resorts to hypothetical individual rights to sanction infringements of a collective good, such as the environment. This work is a summary that includes the arguments given by the ECHR for the right to a healthy environment, a right that can only be accessed by exploiting other rights such as: the right to life, the right to safety, etc. Although the right to a healthy environment is not a concept of the European Convention of Human Rights but a concept formed by the Council of Europe, however, the impacts on the environment cannot be directly caused by the violation of the right to a healthy environment, which is not guaranteed by the ECHR, can be, instead, the cause of the violation of other rights protected by the Convention.

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CJEU Decision C-107/23 PPU: Protection of the EU Financial Interests and the National Principle of ”Lex Mitior”

Author(s): Razvan Viorescu / Language(s): English Issue: 2/2023

The request came from a Romanian court in the context of an extraordinary appeal against a previous decision of that court, in which the appellants were sentenced to imprisonment and to pay damages for tax evasion and the setting up of a criminal organisation. The extraordinary appeal is a special procedure in Romania and allows a plaintiff to seek the annulment of definitive judgements in criminal matters when a sentence was pronounced despite the existence of grounds liable to end criminal proceedings. This situation led Romanian courts to adopt non-uniform case law regarding the interruption of limitation periods. To cease the uncertainty, the RCC stressed, in 2022, that the interruption of limitation periods is part of substantive criminal law (not procedural) and is thus covered by the principle of legality and of retroactive application of the lex mitior. The RCC drew the conclusion that, following the adoption of its decision in 2018 and the failure of the legislator to put the law in line with that decision, Romanian criminal law should be understood as not providing for any ground of interruption of the limitation periods. As a result, pending criminal proceedings could be ended if a definitive judgment has not been delivered within the uninterrupted limitation period. Following the 2022 decision, the Romanian legislator adopted a normative act enumerating the grounds for interruption of the limitation periods. However, Lin concerns the effects of the 2022 decision on situations where a person has been convinced by a definitive judgement, but an extraordinary appeal is intended.

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