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Трудовоправна рамка на образователните политики за конкурентност на пазара на труда

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Трудовоправна рамка на образователните политики за конкурентност на пазара на труда

Author(s): Andriyana Andreeva,Galina Yolova / Language(s): Bulgarian Issue: 4/2020

The article examines the actual norms of the labour and insurance law, regulating forms and educational policies, directed to the increase of the competitiveness of the workers and employees on the labour market. Accent in the exposition is on the national norms, as well as on the European policies related to the synchronization of the intern regulations with the European one. Based on the examination the authors make conclusions and recommendations for improvement of the legislation and adaptive to the new requirements practice of the employers.

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Free movement of people in the European Union and recognition of same-sex marriages on the example of Poland, Ireland and France

Author(s): Karolina Bicz / Language(s): English Issue: 1/2021

The article presents the issue of the free movement of persons in the European Union in the field of same-sex marriage rights, taking into account comparative elements. The research presents provisions of the European Union, as well as internal regulations in force in France, Ireland and Poland. The article discusses the approach to the analysed issue at the level of EU regulations and internal regulations of the examined Member States. Moreover, the interaction between EU and national regulations is an important research point. Besides the article shows case variants concerning the recognition of same-sex relationships due to the legal and ideological conditions in the analysed countries Also, the article analyses the impact and importance of the Court of Justice of the European Union and the European Court of Human Rights for the studied topic. In addition, the study takes into consideration the impact of constitutional provisions on the legalization of homosexual couples in the analysed countries. The article is divided into parts covering the following issues: free movement of persons in the European Union, the right to family reunification of European Union citizens, relations between European Union law and the internal law of the Member States, recognition of same-sex marriages in France, Ireland and Poland, and summary. The opinions of A. Tryfonidou, H. Verschueren, P. Tulea and M. Bell were included in the study due to their importance to the research are.

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Regional operational programs 2014–2020 as a financial instrument supporting low-carbon economy in Poland on the example of the West Pomeranian Voivodeship

Author(s): Bartosz Pilecki / Language(s): English Issue: 3/1/2018

The article consists of three parts preceded by an introduction and ending with conclusions. The first part presents a synthetic presentation of the structure of the EU regional policy financing system and a list of EU funds and links with EU programs. The second part concerns the low-emission economy and its special role in the concept of sustainable socio-economic development. The third part is the analysis of the financing structure of investments in the field of low-emission economy in regional operational programs in Poland, with particular reference to the West Pomeranian Voivodeship. It contained the structure of financing of low-emission economy within the framework of Regional Operational Programs in all voivodships of Poland. Further analyzes were carried out in relation to the Regional Operational Program for the West Pomeranian Voivodeship for 2014– 2020. The whole is summarized in conclusions – which is the fifth part of the article. The aim of the publication is to analyze the structure of financial support from the European Regional Development Fund (ERDF) under the regional operational programs 2014–2020 (ROPs 2014–2020) in the aspect of low-emission economy. The author’s remark was addressed on the priority of the Low-Emission Economy with particular emphasis on the West Pomeranian Voivodeship.

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CIVIL SOCIETY: A MECHANISM FOR MAINTAINING THE HEALTH OF THE STATE OF LAW

Author(s): Cătălina Szekely / Language(s): English Issue: 1/2020

The state of law represents a desideratum of the modern society, to which one relates whenever they claim rights and freedoms or respect the obligations that come with these rights and freedoms. The state of law knows various developments in different legal systems, as each society comes with its own particularities, but the fundamental principles are the same everywhere. When the state, through its representatives, shows signs of deviating from these principles, civil society manifests as a mechanism to ensure a healthy legal state, a mechanism whose strength can determine the very development of the state of law.

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LES RELATIONS FAMILIALES À L’AUNE DU DROIT FUNERAIRE ROUMAIN

Author(s): Silviu Dorin Şchiopu / Language(s): French Issue: 2/2020

Le décès d’un cher proche est peut-être le moment le plus critique de la vie de chacun. De tels moments peuvent rapprocher les familles, mais ils peuvent aussi empoisonner les relations entre parents. Bien que la concorde doive caractériser ces relations, il n’est pas rare que la réalité nous prouve qu’il revient au législateur la mission ingrate de trouver des solutions pour résoudre les conflits entre les proches du défunt sur l’organisation des obsèques. La question est d’autant plus compliquée que non seulement la législation séculière a son mot à dire, mais aussi le droit canonique en ce sens que le manque de communauté de foi est un élément qui ne peut être négligé, notamment dans le cas des cimetières confessionnels. En analysant la réglementation des funérailles nous constatons que chaque acteur – l’État, les cultes et les unités administratives-territoriales – a une vision quelque peu différente sur les relations familiales, plus précisément chacun est plus ou moins intrusif dans la sphère de la vie privée. Pratiquement tous les règlements ayant un impact sur les funérailles laissent voir un certain modèle de relations personnelles et familiales, essentiellement un conditionnement du comportement qui est récompensé par la possibilité de bénéficier de certains services funéraires. Ainsi, bien que chacun ait le droit à des funérailles décentes et à rendre hommage au lieu de sépulture du défunt, les règles qui régissent les funérailles forment un kaléidoscope qui, selon la situation concrète du défunt, peuvent conduire à des résultats différents en ce sens que le défunt se voit offrir ou refuser certaines options concernant l’établissement du lieu d’inhumation et l’organisation des services funéraires. Sans chercher à épuiser ce vaste sujet, la présente petite étude vise à mettre en évidence d'un point de vue juridique l'impact de la typologie familiale sur l’organisation des funérailles principalement à partir des options offertes au défunt par la législation roumaine.

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MEASURES TO LIMIT THE PERSONAL FREEDOMS OF MINORS IN THE CONTEXT OF THE COVID-19 PANDEMIC

Author(s): Dragos Lucian Radulescu,Delia Mihaela Marinescu / Language(s): English Issue: 2/2020

The legal norms in the matter of the superior interest of the minors impose specific obligations of the parents, established in order to ensure the optimal conditions for the upbringing and education.However, the taking of protective measures against minor children is not a matter for parents only, as exceptional situations require the restriction of individual rights in order to protect collective rights, through administrative acts issued by the competent bodies. In this context, in the context of the COVID-19 pandemic, the functioning mechanisms of the European Union have made it possible to take measures to limit the spread of the relatively common virus in the Member States, both in the main field of public health and in the economic or social field. The article discusses the legal basis of measures to limit the effects of the Covid pandemic, elements of judicial practice, notions related to the best interests of minors, non-discrimination.

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ENFORCEMENT OF THE EUROPEAN UNION LAW BEFORE THE ALBANIAN CONSTITUTIONAL COURT AND THE HIGH COURT

Author(s): Gentian Skara,Bojana Hajdini / Language(s): English Issue: 3/2021

With the entry into force of the Interim Agreement in 2005 between the EU and Albania, Albanian judges had the obligation to partly apply several provisions of the agreement (the EU law) even in the pre-accession stage. This position was reinforced in 2009, with the ratification of the Stabilisation and Association Agreement, which laid down the obligation of the Albanian government to approximate its existing and future legislation in line with EU acquis and ensure proper implementation. Consequently, as of 2009, Albanian courts had to apply the EU law. The application of the EU law by Albanian courts entails the duty of judges with a twofold task: firstly, to construe their arguments in line with EU law or as close as possible, and secondly, to set aside the domestic law which is found to be incompatible with the EU law. This paper outlines some Albanian courts' decisions concerning applying the EU Law before accession to the European Union. The paper argues that Albanian judges have adopted a ‘Euro-friendly’ approach by referring to the EU Law and SAA agreement even in the pre-accession period. Nevertheless, looking closely at court decisions, the EU law is applied as a persuasive source of law to support the court’s decision and not to explain the importance of relying on EU law or CJEU case law.

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Problem kwalifikacji przedsięwzięć na tle koncepcji prawnej ocen oddziaływania przedsięwzięcia na środowisko

Author(s): Kamil Olzacki / Language(s): Polish Issue: 13/2021

The rapidly approaching climate challenges call into question the effectiveness of national and European environmental protection procedures. The author has tried to outline the general legal framework of the EU environmental policy, present the sense and meaning of the Principle of Preventive Actions and the Precautionary Principle, and then describe the EU and national standards regulating the environmental impact assessment procedure. The paper aimed to evaluate the regulation in the scope of the discussed institution, with particular emphasis on those provisions regulating which project shall be made subject to an assessment. For this purpose, the author used the dogmatic-legal method and analyzed the literature. The analysis of the discussed issue showed that, against the background of the current regulations shaping the legal framework for the environmental impact assessment procedure, a specific problem of project qualification emerges. Casuistic exemplification of projects that shall be made subject to an assessment may lead to a specific gap, which enables the implementation of even highly environmentally hazardous investments without the need to conduct an environmental impact assessment. For the institution discussed in this paper to effectively counteract the implementation of any investments that may pose a threat to the environment, it is necessary to change the current regulations shaping its legal framework accordingly.

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INFORMATION AND COMMUNICATIONS TECHNOLOGY AS A TOOL TO SUBSTITUTE IN-PERSON VISITS IN THE SERBIAN PRISON SYSTEM DURING THE COVID-19 RESTRICTIVE MEASURES

Author(s): Milica Kolaković-Bojović / Language(s): English Issue: Supp. 1/2021

In an attempt to properly address one of the greatest challenges for prison administrations around the world facing Covid-19, namely, to ensure regular communication between the inmates and their families, the Serbian Penal Administration, supported by German NGO Help e.V, procured the ICT equipment aimed at substituting the in-person visits. The author decided to assess the impact of this pilot project on the right of inmates to communicate with their family members, exploring their attitudes and the attitudes of professionals/prison staff that work with them, to get both perspectives. The results of the research showed that the online communication ensured through the pilot project has significantly contributed to preserving contacts and family relations in the changing environment of the Covid-19 restrictive measures, although it cannot completely replace family visits based on, in-person contact. However, the research also led to some of the remaining obstacles to a wider application of this, substitutive approach, among others, concerning the lack of IT literacy and the both of inmates and their family members, and to the life in poverty and/or in remote country areas. Additionally, this research identified a remaining need for further financial investment in the IT equipment to ensure adequate frequency and duration of communication, but also the need to revise/upgrade an existing treatment approach to integrating modern technologies/IT literacy as tools to contribute to the effectiveness of inmates’ reintegration.

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A SHORT REVIEW OF TRANSLATION ERRORS IN LEGAL LANGUAGE

Author(s): Marina-Cristiana Rotaru / Language(s): English Issue: 2/2020

The purpose of this paper is to give a short review of some of the most common errors in legal translation, namely terminological and grammatical errors. The analysis focuses on short texts translated from Romanian into English by students enrolled in a translation programme who have just had their first contact with specialized legal texts. The paper also aims to identify the causes of such errors and, if possible, suggest a few practical solutions to these translation problems. The motivation for the case-study method in our analysis is to raise students’ awareness about the specific nature of legal language by starting from an examination of their own use of language.

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What Happened to Transitional Justice in Croatia after the EU Accession?

Author(s): Lina Strupinskienė,Simona Vaškevičiūtė / Language(s): English Issue: 1(101)/2021

This paper proposes to see Croatia’s becoming a member state of the European Union in 2013 as a particular critical juncture that created uncertainty over the type of decisions the government would take in the field of transitional justice once international pressure had stopped. It compares the period before and after the accession by looking into the three elements of transitional justice policy that were given priority by the EU conditionality framework – fighting impunity for war crimes, fostering reconciliation and respect for and protection of minority rights. It finds that all three have deteriorated in the post-accession period. On the one hand, the findings illustrate the power of international pressure, but on the other hand, they question the overall effectiveness of the conditionality policy, as it seems to not have affected deeper societal issues at stake and has not resulted in true transformation.

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Conferințe online despre libertatea religioasă în timpul pandemiei

Author(s): Marinel Laurențiu Marcu / Language(s): Romanian Issue: 1/2021

On 15 and 26 April 2021, „Iustin Patriarhul [Patriarch Iustin]” Hall of the„Dumitru Stăniloae” Continuing Formation Centre in Bucharest, hosted twoonline conferences on religious freedom during the pandemic. The guests attendingthem were distinguished personalities of ecclesiastical, cultural and academic life inRomania. The two events belonged to a series of three such meetings, with the thirdone scheduled for 13 May 2021.The first conference (15 April) debated „Religious freedom and health policiesin the European Union during the pandemic”, and was moderated by Archdeaconprof. dr. George Grigoriță, patriarchal counsellor of the Holy Synod Chancellery.The participants were dr. Bogdan Tătaru-Cazaban, researcher at the Institute forthe History of Religions - the Romanian Academy, and Pr. Assoc. prof. dr. SorinȘelaru, patriarchal counsellor – the Representation of the Romanian Patriarchate tothe European institutions.The second online conference, taking place on 26 April, was entitled „Religiousfreedom and sanitary measures in Romania during the pandemic”, and was alsomoderated by Archdeacon prof. dr. George Grigoriță, patriarchal counsellor. Thistime, the invited guests were prof. dr. Dan Dungaciu, director of the Institute forPolitical Sciences and International Relations of the Romanian Academy, and Pr.Ionuț-Gabriel Corduneanu, administrative vicar to the Patriarchate.During both meetings, lectures were followed by a questions and answers andby debates around the topics investigated and discussed.The final conference in the series of the three events dedicated to religiousfreedom and the regime of religious denominations during the current period, willtake place on 13 May 2021 and will be entitled „Administering the holy mysteriesor hierurgies in times of pandemic”. The lecturers for the respective event will be HisGrace Varlaam Ploieșteanul, Vicar Bishop to the Patriarch, and Pr. prof. dr. ViorelSava, of „Dumitru Stăniloae” Faculty of Orthodox Theology - Iași.

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ПРОИЗХОДЪТ И ВЛИЯНИЕТО НА ШВЕЙЦАРСКИЯ ГРАЖДАНСКИ КОДЕКС

Author(s): Jean-Philippe Dunand / Language(s): Bulgarian Issue: 1/2021

The Swiss Federal Assembly adopted the Swiss Civil Code on 19 December 1907 by roll-call vote and by unanimity of the members present. The code came into force on January 1, 1912. It was welcomed throughout the country as the "written will" of the Swiss. According to Prof. Walter Yung, the code strengthens the "Swiss feeling of being one people" and becomes one of the "spiritual treasures" of the country. Considered an example of clarity, simplicity and moderation, the Swiss Civil Code was soon reflected abroad and inspired the civil codification of many countries. Based on German legal sources, it "retains its characteristic appearance and combines a deep knowledge with purity of form, which provide the basis for an extraordinary flexibility, able to change according to all future changes, without losing its basic structure." The article consistently examines the origins and main sources on which the Swiss Civil Code is based, as well as its impact.

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Ruch spółdzielczy w energetyce. Nowe trendy w energetyce lokalnej

Author(s): Mariusz Szyrski / Language(s): Polish Issue: 3/2021

The cooperative movement has played a significant role in increasing the competitiveness of the economy and has promoted the European values of solidarity, self-government and democracy. In recent years, the cooperative idea has been linked with the local energy sector – in Europe and in Poland. The decentralization of energy production to local communities – thanks to the incredible development of new technologies in renewable energy – is now becoming a standard in Western Europe. These trends have also been visible in Poland for some time. Unfortunately, in Polish conditions the institution of cooperatives, including energy cooperatives, is negatively associated with the communist era. The main research question, around which the considerations in this article revolve, is as follows – why, despite the existence of a legal basis in Poland from 2016, energy cooperatives have not been created. The article will analyse the legal regulations relating to the functioning of the energy cooperative, taking into account its current status in the energy law.

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Digitizing the public administration and safeguarding individual rights: automated decision-making at the intersection of the GDPR and Polish administrative procedure

Author(s): Filip Geburczyk / Language(s): English Issue: 1/2021

Automating administrative decision-making through the use of algorithms integrated into administrative procedures constitutes a major goal of both the Polish government and the EU. Notwithstanding the undeniable benefits of automated administrative decision-making, the tentative development of the law regulating administrative procedures in this regard translates into risks to important elements of administrative due process. Although a systematic regulatory approach to automated administrative decision-making is lacking, an analysis of the provisions of the GDPR concerning profiling algorithms and automated decision-making may prove rewarding, given that they may directly affect the procedural rights of parties in proceedings before national authorities. On the other hand, the imprecise language of the GDPR makes it susceptible to interpretations deeply embedded in the hitherto elaborated practices of the Polish administrative procedure. The article analyses the intersection between the GDPR and Polish administrative procedure in order to examine the potential for mutual influences between both frameworks.

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Prawo Unii Europejskiej w polskich czasopismach prawniczych (kilka obserwacji)

Author(s): Stanisław Biernat / Language(s): Polish Issue: 2/2021

There has been a growth of interest in EU law (formerly Community law) in Polish legal periodicals ever since the political changes in 1989 made it possible for Poland to formally participate in the processes of European integration. Few journals in Poland are devoted exclusively or predominantly to EU law. However, there are many journals publishing articles covering various areas of law, including EU law. The majority of these journals are in Polish, but the number of those published in English is increasing. Occasionally, some issues or individual articles in Polish journals are published in English. The circle of authors is diverse. It includes both persons specializing in EU law and authors dealing with various areas of Polish law analysed in close connection with EU law. The articles deal with problems of EU institutional law, but also with various aspectsof substantive law. The jurisprudence of the CJEU is also extensively analysed. The influence of such journals, in terms of gaining a better understanding of the role of EU law in the process of making and applying the law in Poland, is now evident.

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THE CURRENT STAGE OF BASEL III APPLICATION AND ITS CONSEQUENCE ON FINANCIAL STABILITY: EVIDENCE FROM KOSOVO

Author(s): Muhamet J. Spahiu / Language(s): English Issue: 1/2022

The study aims to explore the divergences around the implementation of the Basel III agreement, since this agreement is considered the core of the international regulatory response to the financial crisis, setting the strictest criteria for capital structure and risk assessment. This paper explains the current level of legislation that applies in Kosovo, as well as possible divergences with the criteria set by Basel III. It is argued that the national authority, explicitly the CBK, to decide on the implementation of Basel III, had to agree on three aspects and potentially conflicting between them: the stability of the banking sector, competition, and care for economic growth. Finally, the study concluded that Kosovo is implementing Basel III regulations with greater ease and attention, contributing to banking sector stability, competitiveness, and economic growth.

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LE PROBLEMATICHE DEI SINISTRI MARITTIMI NEL PENSIERO DI CALLISTRATO

Author(s): Salvatore Puliatti / Language(s): Italian Issue: 2/2021

The research intends to examine the particular methods through which the jurist Callistratus dealt with the problems connected to maritime accidents and in particular to shipwreck, with special regard to the legal repercussions that ensued both in terms of the distribution of consequent risks and in terms of protecting and safeguarding transported goods.

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ROMA CONTRA PIRATAS

Author(s): Velina Stoyanova / Language(s): English Issue: 2/2021

This paper examines some of the legal perspectives of Rome’s fight against piracy. The main objectives of the study are to touch upon the notion of piracy in Republican Rome and the actions that were taken by the State against these „sea bandits“.

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ЗА ОХРАНАТА НА МОРСКИТЕ БРЕГОВЕ СПОРЕД ПРАВНАТА УРЕДБА В ТЕОДОСИЕВИЯ КОДЕКС (CTH.7.16 DE LITORUM ET ITINERUM CUSTODIA)

Author(s): Methodi Todorov / Language(s): Bulgarian Issue: 2/2021

The paper analyzes the content of the three imperial laws in the CTh.7.16 on the protection of sea shores and roads. A discussion is offered on the problem about the inclusionof only imperial constitutions issued by the emperors Honorius and Theodosius in a relatively short period: 408-420 AD in book VII, title 16 of Theodosian Code.

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