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PRAWO DO DOBREJ ADMINISTRACJI JAKO PRAWO PODSTAWOWE UNII EUROPEJSKIEJ

PRAWO DO DOBREJ ADMINISTRACJI JAKO PRAWO PODSTAWOWE UNII EUROPEJSKIEJ

Author(s): Ewa Bonusiak / Language(s): Polish Issue: 09/2010

The paper refers to the ongoing discussion on the shape, forms, and methods of public administration activity. It deals with issues related to the place held by the right to good administration in the law system of the EU. The author has presented its creation process, which is inseparably connected with an evolution, which the member-states have undergone in their approach to the fundamental rights. The paper has shown the material and personal right to good administration based on the Charter of Fundamental Rights of the European Union and the European Code of Good Administrative Behaviour. The summary has stressed the procedural character of the right, covering direct relations between an administrative agency and an individual.

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Around the Bloc: Poland Threatens to Undermine EU Plan to Ratify UN Climate Deal
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Around the Bloc: Poland Threatens to Undermine EU Plan to Ratify UN Climate Deal

Author(s): TOL TOL / Language(s): English Issue: 10/04/2016

Warsaw will only agree to fast-track EU approval of Paris Agreement on its own terms, Polish environment minister said.

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Alternative approaches of the „American model - European model” dichotomy

Alternative approaches of the „American model - European model” dichotomy

Author(s): Adela Elena Micica / Language(s): English Issue: 5/2016

This paper endeavours to briefly present European scholars’ reflections upon the models of constitutional review and to propose a possible new model registered at European level, which is focused on individuals and their legal protection. This means it is necessary to rethink the classical approach of the constitutional justice in light of legal traditions, positive law within legal systems and comparative methodologies. The criteria used for the distinction ”American model-European model” have lost their topicality and relevance concerning the effective protection of human rights. As we can all agree, there are no differences in terms of results between the American and the European system of constitutional justice. In a globalized context of human rights, we meet a certain merger, a transformation of the legal world’s diversity into a great unity.

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The contribution of local public authorities to perform the tasks, which were settled out in the EU - Moldova Association Agreement

The contribution of local public authorities to perform the tasks, which were settled out in the EU - Moldova Association Agreement

Author(s): Natalia Saitarli / Language(s): English Issue: 5/2016

Legal status of the staff from local government, which is well defined, provides these public authorities efficient governance.Purpose of the present article is to study the normative acts and the literature concerning of the legal status of persons of local public authorities, for based on the analysis to make some proposals for improving the Moldovan law on the modernization of the activites of the staff from public local administration.

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Управління ризиками та аналіз діяльності суб`єктів зовнішньоекономічної діяльності митними органами країн ЄС

Управління ризиками та аналіз діяльності суб`єктів зовнішньоекономічної діяльності митними органами країн ЄС

Author(s): Yuriy Medvid / Language(s): Ukrainian Issue: 28/2015

The article reveals peculiarities of customs risk management process in the EU in the aspect of analysis of foreign activities of economic entities. In particular, the process of customs risk management includes the following steps: establishing strategic, organizational and management principles, analysis and risk assessment, risk treatment, monitoring. The basis of the risk system is the analysis of risk indicators of foreign economic activity of entities. Among key indicators we can highlight the next: frequency and volume of declaration of goods by entities engaged in the foreign economic activities; dynamics of the ratio declaration of customs value and customs duties; declaration of goods, which belong to groups of products with significant differentiation of rates of duties or originate from countries with customs preferences; mode and route of goods delivery; the time interval and consistency of places of customs clearance; changing suppliers, country of origin, classification of goods by entities engaged in the foreign economic activities and others. Current trends of customs risk analysis are paying increasing attention to modeling of the goods supply chain, research of information and indexes of foreign entities activity related to revealed facts of irregularities and facts that may indicate possible non-compliance of rules of crossing the goods through the border

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Досвід впровадження системи контролю імпорту та експорту (ІCS/ECS) в ЄС

Досвід впровадження системи контролю імпорту та експорту (ІCS/ECS) в ЄС

Author(s): Ivan Berezhnyuk,Igor Nestoryshen,Vitalia Bulanа / Language(s): Ukrainian Issue: 27/2015

The purpose of this writing is to study the European experience of introduction of prior notification by developing and implementing a monitoring system of import and export (ICS/ECS) under the Framework security standards and facilitate international trade WMO. In the article the European experience implementing the import control system (ICS) and the export control system (ECS) of EU under the Framework WMO standards. Overview Legal provisions for the implementation of the ICS / ECS. Simplified analysis procedure for filing the import declaration requirements to the content and volume of information defined terms sending it to the specific type of transport, as well as provides a list of goods for which it is not required to file. The results are aimed at ensuring the further development of the use of risk management in Ukraine by improving its information security in order to simultaneously simplify customs procedures and ensure an appropriate level of security of the state, business and society.

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Der Rücktritt gemäß Art. 50 EUV unter Rechtshistorischen Aspekten. Der Fall des sog. ‚Brexit‘

Author(s): Carmine Galloro / Language(s): German Issue: 2/2016

The Case of the so called ‚Brexit‘ puts light on several important aspects of European Law. The issue firstly leads a historical analysis about the process of withdrawing from the EU under Article 50 of the Treaty on European Union. In particular, it is to see if there are precedent cases or similar legal figures in other jurisdictions, which can represent an important inspiration in this regard. It will allow to analyze in detail the specific provisions of art. 50 and then to understand the nature of the Brexit. The argument gives at the same time the opportunity to consider a range of matters connected with the future of the EU as institution.

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ZAŠTITA LJUDSKIH PRAVA I TEMELJNIH SLOBODA ISKAZANA U ODLUKAMA USTAVNOG SUDA FEDERACIJE BIH

ZAŠTITA LJUDSKIH PRAVA I TEMELJNIH SLOBODA ISKAZANA U ODLUKAMA USTAVNOG SUDA FEDERACIJE BIH

Author(s): Kata Senjak / Language(s): Bosnian Issue: 1/2016

Starting from the general accepted view that the constitutional judiciary is a body of protection of Constitution, is justified to wonder, who is this body that in terms of legal action to a greater extent of constitutional court acts as a larger social justification. He is the controller of acts adopted by legislative and executive authorities as well as the ordinary courts, and thus was established as an institution of special social significance. When we talk about the jurisdiction of the constitutional courts in Bosnia and Herzegovina, they are differently defined, which means that we have differentiated procedures, and therefore specific decisions depending on the type of competence and nature of disputes. The differentiation of these responsibilities is based on the extent to which the constitutional courts in Bosnia and Herzegovina in addition to traditional tasks relating to the protection of constitutionality, realize more direct connection with the legislative, executive and judicial authority and the citizens.

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UTICAJ MEĐUNARODNO MONETARNOG FONDA NA EKONOMIJU BOSNE I HERCEGOVINE

UTICAJ MEĐUNARODNO MONETARNOG FONDA NA EKONOMIJU BOSNE I HERCEGOVINE

Author(s): Mirjana Radaković / Language(s): Bosnian Issue: 1/2016

Bosnia and Herzegovina became a member of the IMF on 14 December 1992 . The IMF provides financial assistance to BiH through the ' stand- by ' arrangements and the provision of technical assistance in a number of areas , such as the establishment of a new central bank and the new clearing system , the banking supervisory system and of the fiscal structure in the Federation, reform tax administration , designing tax value added Tax (VAT), the development of the Treasury and improve public expenditure management , and to improve monetary statistics , statistical databases and the possibility of statistical advisors .

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Post Conflict Peacebuilding in Kosovo. Milestones, Actors and People.

Post Conflict Peacebuilding in Kosovo. Milestones, Actors and People.

Author(s): Albana Gërxhi / Language(s): English Issue: 15/2017

This article presents and analyses the postconflict peacebuilding actions in Kosovo. It aims to bring a picture of external and internal actors involved in such a process from the end of the conflict up to date. The article challenges peace process in Kosovo through the issues emerging in the Society due to the unsettled status enduring as of Security Council Resolution 1244. It is structured into three sections. The first section analyses the postconflict peacebuilding and statebuilding actions undertaken by external and internal actors right after the conflict. The second section deals with the issue of transitional justice as a key element on peacebuilding and how it was addressed. Whereas the third section analyses the current situation of the population with the issues inherited from the conflict and others emerged due to undefined actions of external and internal actors.

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Finansowanie funkcjonowania islamu z budżetów państwowych a status prawny tej religii w wybranych
państwach Unii Europejskiej

Finansowanie funkcjonowania islamu z budżetów państwowych a status prawny tej religii w wybranych państwach Unii Europejskiej

Author(s): Agata S. Nalborczyk / Language(s): Polish Issue: 1/2016

Islam in some EU countries is a traditional religion, which has existed in their territories for centuries, while in other it constitutes a new phenomenon. In countries where there is a traditional Muslim presence, Islam is officially recognized by the state and its functioning is defined by the law concerning traditional religions. The functioning patterns differ from country to country due to different models of state–church relations, confessional laws and legal traditions. Sometimes Islam as a religion and its spiritual functionaries are financed by the state (e.g. in Romania), but there are countries where the state funding of religion is prohibited by law (e.g. in Poland). This paper collects some characteristic cases of the legal situation of Muslims in various European states and presents the extent to which the Muslim religion is financed, or the lack of such financing resulting from the legal system.

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Same-sex partnership – a sleeper in BiH’s EU integration process

Same-sex partnership – a sleeper in BiH’s EU integration process

Author(s): Author Not Specified / Language(s): English Issue: 25/2016

In Oliari vs. Italy, the European Court of Human Rights decided that a state which fails to draft and vote on legislation that would recognize the status of family life union to stable emotional unions of samesex couples through a civil form of union with relevant rights and obligations, violates the rights protected by Articles 14 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. BiH should adopt and implement laws on same-sex partnership in all three jurisdictional units in charge for marital and family affairs (Republika Srpska, The Federation of BiH and Brčko District) which would legally recognize same-sex partnerships and define the rights and obligations arising from cohabitation of two persons in a samesex partnership (with a particular focus on social and economic rights). EU should address the issues of same-sex partnership in accession countries in the early stages of the process since the EU’s leverage is the highest during the pre-accession period.

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Usklađivanje Zakona o zabrani diskriminacije BiH sa pravnom stečevinom EU

Usklađivanje Zakona o zabrani diskriminacije BiH sa pravnom stečevinom EU

Author(s): Tena Šimonović Einwalter,Goran Selanec / Language(s): Bosnian Issue: 9/2015

Diskriminacija je u pravnom sustavu Bosne i Hercegovine zabranjena na ustavnopravnoj razini, prvenstveno Ustavom BiH, zatim različitim međunarodnim ugovorima te nacionalnim zakonodavstvom, uključujući posebice Zakonom o zabrani diskriminacije. Ustav BiH u članku II: Ljudska prava i temeljne slobode nakon popisa prava navodi da se uživanje prava i sloboda utvrđenih tim člankom ili međunarodnim sporazumima koji su popisani u Dodatku I Ustava osigurava svim osobama u Bosni i Hercegovini, bez diskriminacije na bilo kojoj osnovi, poput spola, rase, boje kože, jezika, vjere, političkoga ili drugog mišljenja, nacionalnoga ili socijalnog podrijetla, pripadnosti nacionalnoj manjini, imovine, rođenja ili drugoga statusa. Glede međunarodnih ugovora posebno mjesto u ustavnopravnom poretku BiH ima Europska konvencija za zaštitu ljudskih prava i temeljnih sloboda (EKLJP). Ustav BiH u članku II: Ljudska prava i temeljne slobode navodi da Bosna i Hercegovina i oba entiteta osiguravaju najvišu razinu međunarodno priznatih ljudskih prava i temeljnih sloboda, a potom se posebno ističe da se prava i slobode utvr- đeni u Europskoj konvenciji za zaštitu ljudskih prava i temeljnih sloboda te njezinim Protokolima izravno primjenjuju u Bosni i Hercegovini i imaju prvenstvo pred svakim drugim zakonodavstvom.

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APPLICATION OF CONVENTION LAW WHEN EXPLAINING GROUNDS FOR CUSTODY: EUROPEAN STANDARDS AND BH ATTAINMENT

APPLICATION OF CONVENTION LAW WHEN EXPLAINING GROUNDS FOR CUSTODY: EUROPEAN STANDARDS AND BH ATTAINMENT

Author(s): Miodrag N. Simović,Marina M. Simović,Vladimir M. Simović / Language(s): English Issue: 14/2020

Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms provides protection in sense that no one may be arbitrarily deprived of their liberty. The first paragraph of Article 5 sets out the general principle, followed by the exhaustive list of exceptions, which represent the permissible methods of deprivation of liberty. This is an exhaustive list that must be interpreted narrowly. Only in this way there is a consistency with the objective of Article 5, to ensure that no one will be arbitrarily deprived of their liberty. Paragraphs 2, 3 and 4 are generally procedural in nature, because they specify the conditions of arrest and detention, and the modalities of pronouncement and denial of their legality. Paragraph 5 provides the right to compensation in case Article 5 is violated. The rights defined by Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, by their content, are included in the fundamental rights protected by this Convention, immediately after the right to life. The Constitutional Court of Bosnia and Herzegovina has emphasized in several of its decisions that the right to personal freedom and security is one of the most important human rights, and that Article 5 of this Convention provides protection that no one should be arbitrarily deprived of their liberty.The paper gives an overview of the reasons for the ordering and extending detention in the practice of the Constitutional Court of Bosnia and Herzegovina and the European Court of Human Rights. Relevant examples from the practice of special reasons for determining detention, the grounds on which they were challenged before the Constitutional Court of Bosnia and Herzegovina, were selected. It has been shown that the “lawfulness” of the detention does not require a legal judgment, but only that the detention must be in accordance with the domestic law, the Constitution of Bosnia and Herzegovina and the European Convention for the Protection of Human Rights and Fundamental Freedoms.

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USPOSTAVA EUROPSKIH STANDARDA KAO USLOV KONKURENTNOSTI U GLOBALNOM OKRUŽENJU

USPOSTAVA EUROPSKIH STANDARDA KAO USLOV KONKURENTNOSTI U GLOBALNOM OKRUŽENJU

Author(s): Selma Otuzbir - Mecan,Zijad Lugavić / Language(s): Bosnian Issue: 5/2015

The basis of today's economy is the process of globalization, which is based on technology and trade. International trade and free market access plays a significant role in the economic development and the development of small national economies, it is also the process of liberalization and competitiveness of businesses. Liberalization of trade system and involvement in the integration process helps to increase the competitiveness of the national economy, and it is possible only if there is a high level of international competitiveness. Modern technology has made consumers more informed and more demanding, and thus the survival of enterprise without innovations make it impossible. For a business with profit companies must continually invest and adapt to and modernizing the production process and the product itself .The state has an important role in achieving the competitiveness of enterprise, and with that influence state create conditions for competitiveness of national economy on the international market.

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PRAVNI I EKONOMSKI ASPEKTI PROCESA INTEGRACIJE ZEMALJA JUGOISTOČNE EUROPE U EU SA POSEBNIM OSVRTOM NA BOSNU I HERCEGOVINU

PRAVNI I EKONOMSKI ASPEKTI PROCESA INTEGRACIJE ZEMALJA JUGOISTOČNE EUROPE U EU SA POSEBNIM OSVRTOM NA BOSNU I HERCEGOVINU

Author(s): Haris Fazlagić / Language(s): Bosnian Issue: 5/2015

This paper addresses the legal and economic aspects of the integration of the countries of South Eastern Europe into the European Union, and its political and legal framework is the stabilization and association process. This process is adapted to the circumstances of each of the Western Balkan countries, and in this paper it is analyzed on the case of Bosnia and Herzegovina. On the other hand, the economic integration of these countries into the European Union takes place at the regional level, notably through the creation of a free trade agreement (CEFTA), which also, in addition to economic, has the political dimensions in terms of normalization of relations between the member states, but also the integration in a single market before joining the common, free EU market.

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MEĐUNARODNI ŠPEDITERI TRANZICIJSKIH ZEMALJA PRED IZAZOVIMA ULASKA NJIHOVIH DOMICILNIH ZEMALJA U EVROPSKU UNIJU

MEĐUNARODNI ŠPEDITERI TRANZICIJSKIH ZEMALJA PRED IZAZOVIMA ULASKA NJIHOVIH DOMICILNIH ZEMALJA U EVROPSKU UNIJU

Author(s): Mirsad Imamović / Language(s): Bosnian Issue: 5/2015

The fundamental mission of the classic freight forwarders is organization of dispatch, delivery and transport of material goods from one place to another by using all transport means and all transportation routes, according to the contract of freight forwarding. Classic freight forwarders, in generally, are not at the same time carriers, warehouse managers, shipping agents, multimodal transport operators. By joining some countries in transition in the European Union it eliminates the need for conventional freight forwarding customs brokerage in the European Customs Union. Classic freight forwarders in the area of the European Union are long ago transformed into logistics operators who specialize in managing transport logistics distribution chains, transport and logistics networks. Therefore, the classic freight forwarders of countries in transition must constantly adapt to modern market, i.e. manufacturing, trade, storage, transportation, distribution, logistics, technological, organizational, economic, legal, environmental and other requirements of potential customers in the world, to the global forwarding market. In this paper we have elucidated the fundamental challenges faced by international freight forwarders from countries in transition in the context of entering their native countries in the European Union

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OSNOVNE KARAKTERISTIKE (I SPECIFIČNOSTI) EKONOMSKOG I POLITIČKOG SISTEMA EVROPSKE UNIJE SA POSEBNIM OSVRTOM NA BOSNU I HERCEGOVINU

OSNOVNE KARAKTERISTIKE (I SPECIFIČNOSTI) EKONOMSKOG I POLITIČKOG SISTEMA EVROPSKE UNIJE SA POSEBNIM OSVRTOM NA BOSNU I HERCEGOVINU

Author(s): Mladen Bodiroža,Gordana Erić-Bodiroža,Stevan Petković / Language(s): Bosnian Issue: 3/2014

In the following, our attention will be focused on the analysis of a number of significant issues related to specific and basic features of economic, political and legal system of the European Union. We have tried to reach findings that could show a balance. In basic, the starting point of our analysis was a complex system of the European Union as "an unusual occurrence" and the specific national political systems of member states, as well as a number of those issues and systems that provide the basic characteristic of the total international politics. In this sense, we started from the fact that the European Union as a union of 27 states of Europe, is based on common interests, institutions and legal acts of the Member States. Then, the specificity of the political system is based on a complex relation between the two scientific disciplines: international political and economic relations and scientific research discipline system, i.e. common foreign and security policy, monetary union, common trade, the legal system and a number of different institutions. Related to mentioned, we will discover the answer to the central question which is how in practice all parts of this extremely complex economic, political and legal system operate. This is especially due to the fact that the European Union has a network of different institutions, economic, political, legal, commercial and other, branched throughout the world which enables EU to design and implement complex economic and political system. Besides a numerous of foreign embassies accredited to the European Union in Brussels, the Commission has more than 120 delegations in third countries. Their role is to develop bilateral relations with nations that differ significantly in terms of size and resources, thereby promoting policies and values of the European Union. In addition to frequent meetings of ministers and their representatives in parliament, the European Union conducts regular summits, once or twice in a year, with larger partners such as the United States, Japan, Russia and Canada. Then, the European Union presents its views to different multilateral institutions such as the United Nations, theWorld Bank and the Organization for Security and Cooperation, with which is engage in achieving a common goal, which is to establish peace and security in the world. Previous statements indicates that all economic, legal and political changes taking place in the world requires from the European Union improvement of its foreign and domestic policy and strategic priorities. The way the EU does that is expanding and deepening its contacts with partners around the world and including political, economic and commercial dimension to these relationships in almost all countries of the world, whether it is a country of Global rich North or Global poor South.

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EUROPEAN UNION GEOGRAPHICAL INDICATIONS FOR CRAFT AND INDUSTRIAL PRODUCTS. A COMPARATIVE LOOK AT GEOGRAPHICAL INDICATIONS FOR OTHER TYPES OF PRODUCTS

EUROPEAN UNION GEOGRAPHICAL INDICATIONS FOR CRAFT AND INDUSTRIAL PRODUCTS. A COMPARATIVE LOOK AT GEOGRAPHICAL INDICATIONS FOR OTHER TYPES OF PRODUCTS

Author(s): Cristiana BUDILEANU / Language(s): English Issue: 1/2024

The geographical indications are part of intellectual property system, and their importance was proven over time both from consumer protection point of view, but also from business point of view. Since almost the end of 2023 we have a new EU Regulation which regulates the GIs for craft and industrial products at EU level and this paper is proposing to present the final legal framework and the provisions implemented regarding the products that will be object of the protection, the registration, opposition and cancellation procedures, the actions against which the registered GIs are protected, the new role of the EUIPO and other novelty aspects in comparison with (1) the legal provisions under the proposal of the EU Regulation, (2) the existing GIs for other types of products and with (3) the new proposal for GIs for wine, spirit drinks and agricultural products.

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LEGAL FICTIONS IN COURT OF JUSTICE OF EUROPEAN UNION CASE LAW: SPACE

LEGAL FICTIONS IN COURT OF JUSTICE OF EUROPEAN UNION CASE LAW: SPACE

Author(s): Alina Mihaela Conea / Language(s): English Issue: 1/2024

This paper examines the pervasive yet often overlooked role of legal fictions in shaping the European Union's legal framework. It focuses on the concept of space, exploring three key fictions: lex rei sitae, habitual residence, and non-entry. Lex rei sitae, a fiction that simplifies property disputes by anchoring contracts to the location of the property, gains new layers of meaning through the case-law of the Court of Justice of the European Union (CJEU). Habitual residence, while intentionally flexible, defines jurisdiction for various legal matters. The controversial ՚non-entry՚ fiction allows member states to deny legal entry to migrants despite their physical presence. By analysing these fictions, the paper sheds light on how the EU constructs and defines space within its legal system. This analysis paves the way for further research on legal fictions within EU law.

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