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Przemiany użytkowanie gruntów w wybranych miastach aglomeracji górnośląskiej w latach 2005-2011

Przemiany użytkowanie gruntów w wybranych miastach aglomeracji górnośląskiej w latach 2005-2011

Author(s): Anna Jędrzejko,Maciej W. Wierzchowski / Language(s): Polish Issue: 93/2015

The main objective of the European cohesion policy is the convergence of the Member States, enabling civilization advancement of less developed regions. In the implementation of this kind of policy the rational use of land plays an important role. The National Spatial Development Concept 2030 assumes that the determinant of the living conditions of citizens and the local and regional development is to restore and preserve the spatial order. An interesting example enabling the realisation of such a goal is to determine the functional area at the junction of three cities: Chorzów, Ruda Śląska and Świętochłowice. This area is characterised by a similar industrial history, analogous internal (e.g. social) and external (e.g. transport) conditions, which supports the idea of undertaking joint ventures related to the rational use of land.

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Around the Bloc: Nordic Nations: EU Must Punish Hungary Over Stance on Refugees
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Around the Bloc: Nordic Nations: EU Must Punish Hungary Over Stance on Refugees

Author(s): TOL TOL / Language(s): English Issue: 09/27/2016

Hungarians are expected to reject a EU plan for quotas to settle asylum seekers in an upcoming referendum.

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Contemporary law - plurality, complexity and transdisciplinary

Contemporary law - plurality, complexity and transdisciplinary

Author(s): Valentin-Stelian Bădescu / Language(s): English Issue: 5/2016

This article attempts to cap the contemporary law issues analyzed multidisciplinary author previous other materials through innovative approaches, the proposed solutions, the originality of the research scientific, regarded even by right relationships with ethics and aesthetics but also the specifics of their interaction. The material is structured main themes and overall guidance to the problem we distinguish between original law in general and contemporary law between domestic law and international law. Broadly, there are two conceptions, the one hand,a conception transcendental or iusnaturalist, which sees as the expression of universal principles and timeless, and, on the other hand, a conception positivistic and instrumental, which sees as a technical pure, neutral and empty of meaning. However, from an ethical and aesthetic perspective on contemporary law characterized by plurality, complexity and transdisciplinarity

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On Technology Innovations, Digitalisation and Social Security in the 21st Century

On Technology Innovations, Digitalisation and Social Security in the 21st Century

Author(s): Henning Meyer / Language(s): English Issue: 2/2016

The interview focuses on Henning Meyer’s view on technology and digitalisation in the terms of jobs and social security. It deals with insecurity of the technology age where the people are not capable of comprehending the fast development. While discussing the topic, Henning Meyer presents his view on the possible solutions to the insecurity in the meaning of job or activity guarantee. The interview also addresses issues of education in the technology era. At the same time, it focuses on the recent crises in Europe – including refugee crisis, the Brexit and ‘Eurozone’ crisis with the focus on the role of social democracy in these crises.

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Проблеми забезпечення балансу між митним контролем та спрощенням процедур міжнародної торгівлі

Проблеми забезпечення балансу між митним контролем та спрощенням процедур міжнародної торгівлі

Author(s): Igor Nestoryshen,Ivan Berezhnyuk / Language(s): Ukrainian Issue: 29/2016

The article is devoted to study foreign experience to balance between customs controls and facilitation of international trade for its adaptation to the national practice of customs regulations.The problem of providing a balance between customs controls and facilitation of international trade was investigated in the article. The authors emphasized that the success of the implementation of measures to promote international trade largely depends on the possibility of achieving a proper balance between regulatory control and simplification of customs procedures in the field of foreign trade. Recommendations for security and facilitation of international trade under the provisions of the Kyoto Convention, the WCO Framework of Standards and the WTO Agreement on the facilitation of global trade were analyzed. In addition, the main innovations of the draft Law of Ukraine "On Amendments to the ICU (on UEO and simplification of customs formalities were consolidated. One of the conditions for successful implementation of measures to restore the economic potential of Ukraine is to create favorable conditions in foreign economic activities to enhance national economic competitiveness internationally.

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Сутність та вимоги до подання короткої ввізної декларації в країнах ЄС

Сутність та вимоги до подання короткої ввізної декларації в країнах ЄС

Author(s): Tatiana Ruda,Sergey Popel / Language(s): Ukrainian Issue: 29/2016

The purpose of the paper is to analyze the content and presentation of the main requirements for the import summary declaration to the specific implementation of foreign trade operations.The article reveals the essence and role of import summary declaration (ENS) in the process of prior notification of the movement of goods. It was analyzed the information provided to ENS depending on the type of vehicle which transported goods and the availability of special status. The timing and the presentation of the import declaration and brief outline procedures for submitting and correcting information in it were shown.Based on the research conclusions can be drawn that the introduction of a prior notification of the movement of goods across the customs border involves establishment of appropriate regulatory preconditions, establishing communication linkages between the customs authorities and participants of foreign trade activities and provide the necessary information resources and technologies that ultimately will simplify customs procedures and ensure the appropriate level of customs security.

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Особливості функціонування інституту уповноваженого економічного оператора в ЄС

Особливості функціонування інституту уповноваженого економічного оператора в ЄС

Author(s): Vitalіy Turzhanskyi,Dmytro Khoma / Language(s): Ukrainian Issue: 29/2016

The article substantiates the need for the emergence institution authorized economic operator in accordance with the SAFE Framework of Standards. Established that Customs administrations use SAFE Framework of Standards to develop their own programs authorized economic operators.The features of the institute of authorized economic operator in accordance with European legislation, EU Customs Code (Regulation EU 952/2013), Commission Implementing Regulation (EU) 2015/2447, Commission Delegated Regulation (EU) 2015/2446, Compendium of AEO programs, 2015. Analyzed obligations of economic operators who apply for status AEO in the international supply chain. Advantages and disadvantages AEO institute for economic operators and customs administrations; criteria for certification AEO; duration of the procedures for obtaining the certificate AEO in the EU. The authors also underline the actuality of the topic connected with some ambiguity in the Customs legislation and difficulties with getting AEO status.In conclusion focuses on the need for the bill "On amendments to the Customs Code of Ukraine (concerning the authorized economic operator and simplification of customs formalities)" to introduction of European customs legislation concerning authorized economic operator to the national.

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Reflections on the Integration of Migrants within the Labour Market

Reflections on the Integration of Migrants within the Labour Market

Author(s): Brîndușa Marian / Language(s): English Issue: 2/2019

Within the context of migration, a current and widespread phenomenon, it is necessary to permanently adapt the legislation in order to facilitate the mobility of workers and the development of employment. The labour shortage faced by the European Member States determines the adoption of measures meant to attract this labour force, as well as to integrate migrants into the host states. The integration of migrants into the labour market is one of the major problems the European Member States are faced with. The integration process is a complex, long-lasting one, with an impact on the living standard of both the migrants and of the citizens of the host state. In Romania, the relevant legislation provides for the rights of migrants and the ways in which they can access the labour market. The effective exercise of these rights highlights the problems that they face, as well as the need for new regulations.

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Noi, poporul? De la ficțiunea constituțională a suveranității la narațiunea supremației dreptului UE

Noi, poporul? De la ficțiunea constituțională a suveranității la narațiunea supremației dreptului UE

Author(s): Gabriela Goudenhooft / Language(s): Romanian Issue: 1/2021

The rhetoric of sovereignty is part of the constitutional discourse of any modern state, even if the theory of popular sovereignty or national sovereignty has older philosophical roots. The supremacy and independence of state power are the result of a consensus and of some concessions assumed by people and meant to offer constitutional guarantees to those who understood the value of these constructions; therefore “we the people” represents an expression of a legal and political fiction around which the democratic state legitimizes its own authority. The paper proposes to critically analyze how different categories of sovereignty have come to compete by generating constitutional conflicts and how these conflicts affect European construction, resilience and transformation capacity of the European Union. The approach is a post-modern and constructivist one, and seeks to highlight the future and the chances of the idea of the supremacy of EU law over national law, in a world where the sovereignty topic seems to be more and more sensitive and more complex. The outcome of possible conflicts will show the EU's ability to stand the test of time and will assay European integration process.

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Minimum age of criminal responsibility in member states of the european union. A legal and psychological assessment of moral development theories and the minimum age of criminal responsibility

Minimum age of criminal responsibility in member states of the european union. A legal and psychological assessment of moral development theories and the minimum age of criminal responsibility

Author(s): Judit Torma / Language(s): English Issue: 1/2021

The consideration behind setting a minimum age of criminal responsibility and liability in criminal law is based on a scientific assumption that below a certain level of cognitive maturity there is limited ability to apprehend the wrongness or rightness or the consequences of one’s action. Jean Piaget, the first cognitive and development psychologist has established the scale model of moral development of the child ninety years ago. These age-related theories are still prevailing in setting the minimum age of criminal responsibility in most European countries; however, more recent and contemporary research question the usability of Piaget’s findings. The shift in science is reflected in three to six countries’ legislations and in the guidelines and recommendations of the Council of Europe and the European Union.

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Language at Work to Serve the Right to Defence

Language at Work to Serve the Right to Defence

Author(s): Rodica-Roxana Anghel / Language(s): English Issue: 1/2018

It has been under the United Nations auspices that important international documents were created and brought to public knowledge as far as human rights are concerned. Nowadays, human rights issues continue to be on top of political life agenda, public debates in international organizations and meetings, under the main law systems of protecting human rights and liberties: the European system, the American system and the African one. Thus, under the European system, the Universal Declaration of Human Rights, it is stated in art.11, section 1 that: “Everyone charged with a penal offence has the right to be presumed innocent until proved guilt, according to law in a public trial at which he or she has had all guarantees necessary for defence”. In the International Covenant on Civil and Political Rights it is also stated that among other guarantees to a correct defence, “everyone....shall be entitled to: “(f) To have the free assistance of an interpreter if he or she cannot understand or speak the language used in Court”. These provisions have been further on consolidated by the European Convention on Human Rights, Protocol 11, art.6, section 3(e), as well as by the Charter of Fundamental Rights in the European Union. The American Convention on Human Rights and the African Charter on Human and Peoples’ Rights stipulate similar guarantees. Beyond this wonderful human right, for states to provide for “persons under law scrutiny” with translation and interpretation services as well as with legal support for those who cannot afford to pay for a defender/lawyer, lies an ocean of aspects to be taken into account such as: the offer of translation and interpretation services in each market of the member states and World Wide,the training and awareness of translators/interpreters regarding their obligations and their rights when they provide their services in Courts of Justice, Police Departments, Lawyers’ offices, Notaries’ offices.

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ОБЩИ ТЕОРЕТИЧНИ АСПЕКТИ НА ЕВРОПЕЙСКОТО ЗАКОНОДАТЕЛСТВО В ОБЛАСТТА НА ЗАЩИТАТА НА ПРАВАТА НА МИГРАНТИТЕ

ОБЩИ ТЕОРЕТИЧНИ АСПЕКТИ НА ЕВРОПЕЙСКОТО ЗАКОНОДАТЕЛСТВО В ОБЛАСТТА НА ЗАЩИТАТА НА ПРАВАТА НА МИГРАНТИТЕ

Author(s): Veronika Doychinova / Language(s): Bulgarian Issue: 1/2024

The article is devoted to some theoretical problems in the application of European legislation in the field of the protection of the migrants’ rights. In search of answers to the questions, attention is paid to the topic of the general principles of law, the application of which is considered as a condition for the effectiveness of the legal system and guaranteeing the protection’ right. Conclusions are made regarding the legal framework of the rights and obligations of migrants according to their legal status.

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欧州における記憶の政治: 2019年欧州議会決議の分析

Author(s): Yusaku Fukuhara / Language(s): Japanese Issue: 71/2024

The European Parliament adopted the resolution ‘Importance of European Remembrance for the future of Europe’ (EP 2019/2557(RSP)) by a majority vote on 19 September 2019. The European Union’s (EU) perception of European history after World War II has been constructed based on the historical perspective of Western European countries regarding Nazi crimes and the victory over fascism. However, with the EU’s eastward enlargement, this narrative has been gradually changed with the incorporation of the historical experiences of Central and Eastern European countries (CEECs). As a result, the EU’s recent historical narrative has also incorporated accusations of crimes committed by the Soviet Union. This study analyses recent EP resolutions on common European historical narratives in this context. Although the European Parliament has discussed a common European historical memory and understanding on several occasions, the 2019 resolution has a distinctive feature not seen in previous resolutions: harsh criticism of the current Russian government for engaging in the distortion of history and hybrid warfare through means such as the spread of disinformation. In other words, the resolution’s criticism of Russia extends beyond the EU’s (re)construction of historical perceptions and in this sense was adopted for political purposes. However, this raises the question of the dynamics behind the scenes, for to understand recent developments in the politics of European memory, it is important to analyse the political dynamics in the European Parliament. Previous research has focused on the role of ‘memory entrepreneurs’ who have actively exercised their influence to reconcile different historical memories between Western European countries and CEECs. These scholars have pointed out that some Members of the European Parliament (MEPs) from CEECs have used their influence to incorporate narratives of the criminalisation of communism into the EU’s common view of historical memory during the construction of a common European history. However, the last resolution discussing the common European memory was adopted by the European Parliament in 2009, and no equivalent official documents have since been discussed by the European Parliament. Although the 2019 resolution was the latest official document from the European Parliament discussing a common European history, there have been only limited attempts by scholars to analyse the relationship between political dynamics and changes in the current European Parliament and severe criticism of the current Russian government on its internal and external policies as well as the equivalence of Nazism and Stalinism. This study analyses the 2019 resolution as an example of one of the most comprehensive outcomes of the EU’s discussion of memory politics by examining plenary discussions and draft resolutions written by various European political party groups, as well as roll-call votes, focusing on the activities of ‘memory entrepreneurs’. Special attention is paid to the fact that some MEPs from CEECs played a crucial role in incorporating discourses on the criminalisation of communism and criticism of the current Russian regime into the EU’s common historical memory. This study elucidates how the 2019 resolution was formulated by focusing on the political process of the adoption of the resolution, as well as the activities of MEPs who were actively engaged in the process. This study finds that the Lithuanian MEP Rasa Juknevičienė, an influential memory entrepreneur, led the resolution process on behalf of the European People’s Party (EPP) group. In addition, this study sheds light on the influence of a prominent retired political figure, MEP Tunne Kelam from Estonia and the EPP Group, who was also an influential memory entrepreneur, on the political process of the 2019 resolution debate. Simultaneously, the European Conservatives and Reformists (ECR) group, led by several memory entrepreneurs from CEECs, successfully implemented a strategy of integrating the criminalisation of communism and the condemnation of the current Russian government into the common European historical discourse. They achieved this political goal by effectively utilising the European Parliament’s procedures and cooperating closely with the largest political group, the EPP. The success of the ‘memory entrepreneurs’ from the CEECs is also the result of continued attempt by some centre-right and conservative ‘memory entrepreneur’ MEPs from CEECs to reconstruct the framework of common European history at the European political level.

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People’s Republic of China and the adequacy – Why Chinese data protection law is not adequate within the meaning of the GDPR

People’s Republic of China and the adequacy – Why Chinese data protection law is not adequate within the meaning of the GDPR

Author(s): Wojciech Panek / Language(s): English Issue: 2/2024

Chinese data protection seems to be problematic. On the one hand, it does exist, at least formally, especially after the reform initiated by the adoption of the Cybersecurity Law and finished by the Personal Information Protection Law entering into force. However, the mere adoption of personal data protection regulations does not guarantee that they provide personal data protection at an appropriate level. For EU law, the adequacy standard is the reference point for verifying personal data protection in a third country. Therefore, it is necessary to meet specific criteria summarising the term of essential equivalence, as introduced by the Court of Justice of the European Union. This article discusses the three most critical problems that result from comparing the provisions of the Chinese Cybersecurity Law, the Civil Code, the Data Security Law and the Personal Information Protection Law with the EU’s adequacy standard. The article consists of the introduction, four parts and closing remarks. The first part explains the methodology of research on Chinese data protection law and criteria applied to its examination. The second, third and fourth parts discuss the complicated relationships between the laws related to the protection of personal data, the status of state authorities as data controllers and multi-stakeholder supervision over personal data protection.

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Shrouded in secrecy – does the comitology procedure for GDPR adequacy decisions fit its purpose?

Shrouded in secrecy – does the comitology procedure for GDPR adequacy decisions fit its purpose?

Author(s): Michal Czerniawski / Language(s): English Issue: 2/2024

With the entry into force of Directive 95/46/EC, the EU based its approach toward data transfers on adequacy decisions, unilateral acts of the European Commission, issued as implementing acts. The EU co-legislators subsequently copied this model into the GDPR and the LED. Since the very beginning, the adequacy procedure involves a comitology phase in which a committee consisting of representatives of Member States expresses its opinion about the Commission's draft implementing act. I argue that adequacy, designed as a technical process, evolved into a tool in which politics, including economic relations and commercial interests, play an ever-greater role. This goes against the concept of comitology, the legitimacy of which is built on denying the political nature of what is delegated. Taking into account the above, as well as other shortcomings of the EU adequacy model, I argue that it is the right time to rethink it. There is also the need for a separate discussion regarding the role of the Article 93 Committee in the adequacy procedure, to be conducted together with the debate on the role and accountability of the European Commission.

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RECENT CASE LAW OF THE CJEU ON THE CHARACTERIZATION OF THE EXISTENCE OF CONDUCT HAVING AS ITS “OBJECT” OR “EFFECT” THE PREVENTION, RESTRICTION OR DISTORTION OF COMPETITION WITHIN THE MEANING OF ARTICLE 101(1) TFEU

RECENT CASE LAW OF THE CJEU ON THE CHARACTERIZATION OF THE EXISTENCE OF CONDUCT HAVING AS ITS “OBJECT” OR “EFFECT” THE PREVENTION, RESTRICTION OR DISTORTION OF COMPETITION WITHIN THE MEANING OF ARTICLE 101(1) TFEU

Author(s): Anca Ileana Duşcă / Language(s): Romanian Issue: 40/2025

Free and undistorted competition between public or private firms of the Member States of the European Union is closely linked to the proper functioning of the internal market; this is why competition law is a major component of the substantive law of the European Union. European Union, according to Art. 3 TEU has exclusive competence to establish the competition rules necessary for its operation. If in the market fundamental freedoms, the Court has played an important role in specifying and developing these primary legal instruments of integration on competition, the European Commission has acted with priority over other institutions.

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School dropout and early school leaving in Romania

School dropout and early school leaving in Romania

Author(s): Raluca-Ioana Tomescu / Language(s): English Issue: 12.1-12.2/2024

Romania is on the last place in the European ranking in terms of school dropout and early school leaving, given that the right to education is ensured by the Constitution, by the Charter of Fundamental Rights of the European Union and numerous regulations in the field of fundamental human rights. This paper aims to analyze the statistical data on early school leaving at the European level, the analysis of measures and strategies to combat early school leaving and school dropout in Romania and the analysis of students' opinion on the causes, measures and risks regarding school dropout in Romania.

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Cooperarea administrativă în materie fiscală: DAC9
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Cooperarea administrativă în materie fiscală: DAC9

Author(s): Cosmin Flavius Costaş / Language(s): Romanian Issue: 5/2024

VAT: Norway and the European Union strengthen administrative cooperation, the fight against fraud, and the recovery of tax claims. The Member States of the European Union have updated the list of non-cooperative tax jurisdictions. Administrative cooperation in tax matters: DAC9.

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FICTITIOUS INVOICING IN THE VAT SYSTEM

FICTITIOUS INVOICING IN THE VAT SYSTEM

Author(s): Zoltán Varga / Language(s): English Issue: 2/2024

We often hear in news reports that employees of the Hungarian National Tax and Customs Administration seized luxury cars and real estate on suspicion of large-scale VAT fraud and then auctioned them off. These cases are the tip of the iceberg, but according to various European Union surveys, abuses about VAT refunds in the EU cost Member States EUR 140 billion. In the case of Hungary, this results in a loss of nearly HUF 400 billion in the budget. One of these forms of abuse is closely related to the use of fictitious invoices. For decades, the tax authority has been seriously trying to track down businesses that issue and receive fictitious invoices. In my study, I examine the abuse of fictitious invoices, with special regard to tax evasion committed by issuing and receiving fictitious invoices. I will also mention the consciousness of taxpayers in this regard, as this has a significant impact on the determination of sanctions according to the court's case law. Given that transactions cross national borders, I will also refer to the case law of the Court of Justice of the European Union. I also analyze the importance of digitalization by the tax authority, which plays an increasingly important role in detecting transactions.

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THE POWER TO DEFINE. OBSTETRIC VIOLENCE: BETWEEN TENSIONS, DEBATES AND THE ROMANIAN CASE STUDY

THE POWER TO DEFINE. OBSTETRIC VIOLENCE: BETWEEN TENSIONS, DEBATES AND THE ROMANIAN CASE STUDY

Author(s): Diana Elena Neaga / Language(s): English Issue: 2/2024

In April 2024, at the request of the FEMM Committee, the European Parliament announced the launch of the study "Obstetric and Gynaecological Violence in the EU - Prevalence, Legal Frameworks, and Educational Guidelines for Prevention and Elimination." In May 2024, the European Commission also announced the launch of a commissioned study on obstetric violence, "Obstetric Violence in the European Union: Situational Analysis and Policy Recommendations." In September 2024, the Association of Independent Midwives announced the release of the first research report on obstetric violence in Romania. We are talking about a growing interest in bringing to the public and formal agenda issues related to the quality of care that women receive in interactions with the medical system, especially in relation to the topic of reproductive health. In this paper, I aim first to discuss the controversial aspects of defining and classifying inappropriate, abusive, or violent interactions, particularly in relation to obstetric health. I will attempt to answer the question, "What is obstetric violence, and who has the authority to define this term?" The answer to this question is crucial, as it will impact how obstetric violence can be integrated into a solidified legal framework. Secondly, I will analyze the Romanian case, briefly reviewing the quantitative research results conducted in collaboration with the Association of Independent Midwives, as well as examining how the debates, controversies, and potential pathways toward a legal framework are developing about the complex issues encapsulated by the concept of obstetric violence.

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