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Democratic legitimacy in common commercial policy of European Union – evolution of European Parliament’s role

Democratic legitimacy in common commercial policy of European Union – evolution of European Parliament’s role

Author(s): Małgorzata Czermińska / Language(s): English Issue: 44/2022

RESEARCH OBJECTIVE: This article aims to present the principles of decision-making, distribution of competences regarding the common commercial policy (CCP), with attention given to the evolution of European Parliament’s (EP) role and to identify actions taken by the EP in relation to the CCP. THE RESEARCH PROBLEM AND METHODS: Due to the Member States’ delegation of powers to the supranational level and decision-making procedures, allegations that there is no democratic legitimacy in the European Union are of particular relevance to the CCP. In this context, special importance is given to the role of the European Parliament and powers vested in it, especially over the past years. The article employs an analytical and descriptive method. THE PROCESS OF ARGUMENTATION: The first part presented decision-making principles for the EU’s common commercial policy. Next, the evolution of the European Parliament’s role in the shaping of the CCP was discussed. Finally, the last part gives attention to the EP’s actions in practice and attempts to assess what was a decisive factor behind the Parliament’s specific position. RESEARCH RESULTS: The Treaty of Lisbon increased the formal powers of the European Parliament with regard to the CCP, but at the same time, diminished the role of Member States’ national parliaments (which was due to the fact that the CCP coverage was extended and the scope of the EU’s exclusive competences was broadened). The research conducted has revealed that the EP is more and more often taking advantage of its position in the shaping of the EU commercial policy. CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: Due to the fact that the role of the European Parliament in the decision-making process has increased, the issue of a democracy deficit in the shaping of the CCP, which was raised in the pre Lisbon Treaty period, is currently becoming less formally legitimate.

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Challenges of Digital Economy

Challenges of Digital Economy

Author(s): Mária Sabayová,Karolína Červená / Language(s): English Issue: 3/2023

In the paper, the authors focus on selected aspects (concept and interference) of the currently dynamically developing economic model called digital economy, with the aim of defining the content of the digital economy using the comparison, analysis, deduction and induction of existing definitions and characteristics of the concept of digital economy and the available data and information on the current state of the digital economy in the EU, as well as outlining the regulatory problems associated with it, with a vision of their possible solution.

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Nierówne traktowanie z powodu religii lub przekonań

Author(s): Andrzej Marian Świątkowski / Language(s): Polish Issue: 1/2023

The article presents the legal opinions of two Advocates General (AG) of the Court of Justice of the European Union (CJEU) and two judgments of this court (CJEU) issued in cases C-157/15 and C-188/2015 in matters relating to religion. The main research method used in the article is the dogmatic method. The author analyzes the positions of two lawyers employed as AG CJEU in matters concerning the imposition of bans by entrepreneurs on persons employed, displaying religious symbols in places and time of work. The article is divided into five parts. In the first part, the author looks at legal concepts such as discrimination and religious freedom. In the second part, the reader is introduced to the essence of the dispute between entrepreneurs and employed believers of religion. The third part deals with the cases regulated by the provisions of Directive 2000/78/EC concerning lawful exceptions to the prohibition of discrimination. The fourth part is devoted to the policy of religious neutrality recognized by the European Union as a remedy between employers and employees. In the last, fifth part, the operative parts of the judgments of the Court of Justice are listed. CJEU rulings prohibit employees from wearing and displaying overly visible religious symbols. Failure to comply with this prohibition cannot be considered as direct discrimination on the basis of religion. The interest of the entrepreneur is not a sufficient justification for the parties to the re-employment relationship to reach an agreement, because the wearing of religious symbols by employees in the workplace cannot be considered as a “significant professional requirement.”

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Zasady prowadzenia dialogu społecznego na gruncie postanowień (zrewidowanej) Europejskiej Karty Społecznej

Author(s): Marcin Wujczyk / Language(s): Polish Issue: 4/2023

The European Social Charter (both in initial as well as revised version), as one of the most important legal acts regulating the standards of labour law, contains a number of provisions that regulate the principles of social dialogue. The Charter imposes an obligation to encourage joint consultation between workers and employers; supporting the mechanisms of voluntary negotiations between employers or employers’ organizations and employees’ organizations in order to regulate employment conditions through collective labour agreements; supporting conciliation mechanisms and voluntary arbitration for settling collective disputes. The provisions of the Charter also regulate the right of employees to be informed and participate in consultations regarding the employer’s situation.

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Wpływ ceny kontraktów terminowych EUA i uzyskiwanych z ich sprzedaży środków na inwestycje rządowe państwa polskiego w odnawialne źródła energii w latach 2013–2020

Wpływ ceny kontraktów terminowych EUA i uzyskiwanych z ich sprzedaży środków na inwestycje rządowe państwa polskiego w odnawialne źródła energii w latach 2013–2020

Author(s): Piotr Palac / Language(s): Polish Issue: 1-2/2022

The article presents an analysis of the relation between the scale of Polish government investments into renewable energy sources and the price of EUA Futures contracts and funds obtained by Poland from their sale in the years 2013–2020. The goal of the analysis was to check if there is any relationship between the funds obtained from the sale of EUA contracts and Polish government investments in renewable sources of energy. The theoretical section contains a partial research of sources, whereas the analytical part uses the comparative, descriptive and graphic methods, as well as Pearson correlation coefficient. The results of the study indicate a lack of relationship between the EUA prices and Polish government investments in renewable energy sources in 2013-2020. The study shows that, at that time, about 75% of investments expenditure for renewable energy sources in Poland came from private institutions and business entities and only 7% of the financial outlays came from state-owned energy companies.

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Проблеми и предизвикателства при производството на електромобили в периода от 1800 г. до днес

Проблеми и предизвикателства при производството на електромобили в периода от 1800 г. до днес

Author(s): Erhan Ahmedov / Language(s): English,Bulgarian Issue: 2/2023

The article examines the history of the production of electric cars in the period from 1800 to the present day. The method used is a secondary analysis of published research on the topic. The main conclusions reached are that there is a direct relationship between the rise in the sale of electric cars at high fuel and energy prices and its fall when prices calm down. The second factor that affects the sales of electric cars are the problems related to environmental pollution from conventional cars. The conclusion is that the victory of electric cars over conventional vehicles with internal combustion engines is guaranteed with the decision of the European Parliament to stop the latter’s production and import after 2035.

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DIGITAL TRANSFORMATION OF PUBLIC ADMINISTRATION IN ROMANIA AND THE EUROPEAN UNION
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DIGITAL TRANSFORMATION OF PUBLIC ADMINISTRATION IN ROMANIA AND THE EUROPEAN UNION

Author(s): Laurenţiu Șoneriu / Language(s): English Issue: 2/2023

This paper aims to analyze the process of digital transformation of public administration in Romania and the European Union, in the current legislative and institutional context.The reform of public administration, in the context of the digitization of the public sector, is focused on simplifying procedures and bureaucratic burdens for individuals and legal entities, increasing the efficiency and effectiveness of the administrative act, and ensuring accessibility and transparency of data use by public authorities and institutions.At the same time, this study also deals with issues related to eGovernment, cybersecurity, and the security of personal data of users of platforms and information systems.

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CONCEPT AND CHARACTERISTIC OF CRIMINAL PROSECUTION ERROR
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CONCEPT AND CHARACTERISTIC OF CRIMINAL PROSECUTION ERROR

Author(s): Iurie Odagiu,Constantin Rusnac / Language(s): English Issue: 2/2023

The article refers to forensic errors, which in turn could be both technical and tactical. Technical errors refer to the processes related to the management of material evidence (detection, fixation, lifting, transportation, preservation, expertise) and the performance of criminal prosecution actions to obtain evidence (following the performance of criminal prosecution actions and special investigative ones, the content of tactics of hearings, confrontations, presentations for recognition, reconstitutions, etc.). The article proposes to reveal the characteristics that are attributed to a criminal prosecution error and their classification as well.

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THE NEPTUN DEEP PROJECT AND THE REDESIGN OF THE REGIONAL 
ENERGY SECURITY
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THE NEPTUN DEEP PROJECT AND THE REDESIGN OF THE REGIONAL ENERGY SECURITY

Author(s): Mihai Melintei / Language(s): English Issue: 2/2023

In the context of the changes in the architecture of the global security of energy resources supply and the volatile changes in the natural gas market, the offshore sector of the Black Sea experienced a redesign regarding energy security. In the last ten years, the use of natural gas has increased a lot, in this sense the development of the Neptun Deep project has become a necessary variable for the consolidation of the energy security of Romania and the South-Eastern Europe region.By exploiting the potential of hydrocarbons in the Black Sea, Romania can become a regional provider of energy security. Also, in the context of the military developments between Russia and Ukraine that have led to major effects on global energy security, causing regional redefinitions in the direction of natural gas supply chains, Romania, through the development of the offshore sector in the Black Sea, can contribute to the redesign of regional energy security.Considering the significant potential of natural gas reserves that could become commercial exploitations, large-scale investments will be carried out within this project in the coming years. For this reason, a closer examination and analysis is required not only of natural gas as a resource but also of the economic consolidation and the potential for industrial rise that these investments would bring to Romania as a whole.

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Considerations on the Persons that Can Determine the Manner of the Funeral in the Light of the ECHR Judgment from 23 May 2023 in the Case of Buhuceanu and Others vs. Romania

Considerations on the Persons that Can Determine the Manner of the Funeral in the Light of the ECHR Judgment from 23 May 2023 in the Case of Buhuceanu and Others vs. Romania

Author(s): Silviu-Dorin Șchiopu / Language(s): English Issue: 1/2023

Each person owes a death and someone has to take care of the funeral even when the deceased left some instructions. The same happens in the absence of an express option of the deceased. Starting from the current Romanian legislative solution for the latter situation, the present study aims to analyse the impact of the ECHR Judgment from 23 May 2023 in the Case of Buhuceanu and Others v. Romania on the national legal framework that governs the persons who can determine the manner of funeral in the absence of an express option of the deceased. This paper argues the need of legislative intervention in order to secure the same-sex couples’ right to respect for their private and family life by affording them the possibility of legal recognition and protection, including the right to determine the manner of the deceased spouse/partner’s funeral in the absence of an express option of the latter and the right to arrange the funeral, core rights relevant to a couple in a stable and committed relationship.

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Anti-Mafia Code and 231 Models: an Opportunity for Improvement (?)

Anti-Mafia Code and 231 Models: an Opportunity for Improvement (?)

Author(s): Vittoria Drosi / Language(s): English Issue: 2/2023

The research aims to understand whether, and to what extent, there are currently suitable institutions for the implementation of prevention and restoration of legality in the corporate sphere in the Italian legal system. These, if properly applied, should enable the enterprise to transform a negative event, such as mafia infiltration in its various forms, into an opportunity for improvement itself. More specifically, an attempt will be made to assess the ability of institutions such as judicial administration (Art. 34 of the Anti- Mafia Code - Legislative Decree No. 159/2011), judicial control (Art. 34-bis), voluntary judicial control (Paragraph 6, Art. 34-bis), preventive cooperation (Art. 94-bis), and organizational and management models under Legislative Decree No. 231/2001 (so- called Models 231) adopted ex post facto to put the company back on the correct path of legality.

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Sustainability, Distributive Justice, and Law: a Philosophical Inquiry Into the Compatibility of Environmental and Social Goals

Sustainability, Distributive Justice, and Law: a Philosophical Inquiry Into the Compatibility of Environmental and Social Goals

Author(s): Alessandro Avagliano / Language(s): English Issue: 2/2023

This essay aims at addressing the legal philosophy’s uptake on whether environmental sustainability can be integrated with distributive justice. After an analysis of the European legal framework, where the notion of sustainable development has been built, concepts such as the veil of ignorance, the capability approach, and human flourishing will be examined, arguing that sustainability and distributive justice are necessarily linked, as mutually reinforcing goals to human development. However, a transformational change is still necessary in the way we think about sustainability, to work towards a direction that should be holistic and inclusive of the needs of both people and the planet.

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The Human Rights Policies of the EU: Political Nature, Existing Incoherencies and Institutional Bifurcation

The Human Rights Policies of the EU: Political Nature, Existing Incoherencies and Institutional Bifurcation

Author(s): Branimir Stanimirov / Language(s): English Issue: 2/2023

The history of human rights in the context of the European Union (EU) is complex and riddled with contradictions. This was convincingly demonstrated by leading experts in the area who wrote copiously about the existence of elements of institutional bifurcation in the organisation’s policies in the area. Although the EU is an important global actor in the field of human rights and had a positive impact on a number of human rights issues, a number of incoherencies and inconsistencies in its policies continue to have a detrimental impact on its political actions on the world stage. By examining the traditional explanations for these existing deficiencies in the political and institutional system of the organisation through a document analysis, this article sketches their problematic overall impact and argues, concurring to the above-mentioned experts, that these incoherencies resulted in a bifurcated human rights regime produced by the problematic elements of the EU’s own political identity. It also considers the impact of the Union’s enlargement on its human rights policies and the potential challenges this phenomenon poses in political and social terms.

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Zmieniające się przepisy dla winnic butikowych w Polsce

Zmieniające się przepisy dla winnic butikowych w Polsce

Author(s): Michał Świdnicki / Language(s): Polish Issue: 4/2023

Despite unfavourable weather conditions for the development of vines in Poland, the number of vineyards, especially small, so-called “boutique” vineyards, is growing exponentially. The aim of the article is to show how the changing Polish and EU law helps or creates barriers for running this type of vineyards. The evaluation of wine market regulation from the point of view of the criterion of economic freedom and competition law is the main research objective of the study, and the formulated theses are referred to in the conclusions in the conclusion. The article is based on the sources, which were the laws and regulations in force between 1948 and 2022. The regulations creating barriers to the operation of boutique wineries include, among others, the regulations contained in the “Wine Act” of 2004 imposing a requirement on winery owners to have their own laboratory facilities, appropriate technological lines or obtain permits from the Minister of Agriculture. The current regulations are less restrictive for small wineries, which does not change the fact that there are still a number of barriers to their operation.

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New Generation EU Agreements – The Basis for Future World Trade

New Generation EU Agreements – The Basis for Future World Trade

Author(s): Ľubica Bajzíková,Daniela Nováčková,Lucia Paškrtová / Language(s): English Issue: 1/2024

International trade agreements contribute to the development of international trade and services. The European Union is currently modernizing the system and structure of international agreements related to international trade, investment and services. The aim of the scientific study is to clarify and identify the characteristic features of the agreements of new generation that are concluded between the European Union and non-EU member states. Based on the facts, we can confirm that trade policy supports, among others, values such as the protection of human rights, the protection of labor rights, the environment and the fight against climate change. Such an approach of the European Union to the liberalization of world trade through comprehensive trade agreements is also supported by the strategy of the European Commission „Trade for All”.

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MATER FAMILIAS

MATER FAMILIAS

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2023

The study is dedicated to one of the main figures in the Roman family and society – mater familias, whose status is still debated today. Some terminological clarifications and various aspects of the concept of mater familias as a wife and as a member of the Roman family are presented.

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Educational dimension of judicial self-governance in the exercise of the judicial independence principle: The case of Serbia in the European integration process

Educational dimension of judicial self-governance in the exercise of the judicial independence principle: The case of Serbia in the European integration process

Author(s): Ana S. Knežević Bojović,Vesna B. Ćorić / Language(s): English,Serbian Issue: 1/2024

The rule of law is the cornerstone of democracy and the European Union accession process. Independent judiciary is an important facet of the rule of law, while judicial competence and judicial self-governance are among its elements. One of the dimensions of judicial self-governance is its educational function. By using dogmatic, exegetic and empirical legal methods, the paper examines the extent to which the demands formulated in interim benchmarks for Chapter 23 are aligned with the well-balanced approach to the principle of judicial self-governance and, further, the manner in which such self-governance is implemented in practice within the framework of the process for the adoption of the multiannual work program of the Serbian Judicial Academy. The authors conclude that the plan preparation process represents an adequate platform for duly observing the said concept, while the program itself can contribute to improving the competence of judges and, consequently, strengthening their independence.

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Překladové právnické slovníky: budou brzy minulostí?

Překladové právnické slovníky: budou brzy minulostí?

Author(s): Tomáš Duběda / Language(s): Czech Issue: 2/2024

The role of bilingual and multilingual legal dictionaries in translation and legal communication is changing as the availability of various online resources increases. It turns out that most legal dictionaries published in the EU do not meet the standards of an ideal legal dictionary, in which linguistic data are supplemented with relevant law-related information. Furthermore, there is a strong disparity in terms of availability between dictionaries of major European languages and those of languages of limited diffusion. In the Czech context, bibliographic data indicate that a massive wave of legal lexicographic activity culminated around the year 2000. Since then, the trend has been dropping sharply. The authorship of the dictionaries, among which major European languages and Latin predominate, is almost exclusively in the hands of Czech authors. The decline of paper dictionaries does not seem to be fully compensated by online dictionaries for the time being. Yet the potential of electronic platforms for legal lexicography is considerable in terms of capacity, userfriendliness, accessibility and sustainability.

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Recenze závěrečných prací I/2024

Recenze závěrečných prací I/2024

Author(s): Irena Holcová,Jan Hospes,Radim Charvát,Adam Jareš,Andrej Krištofík,Jakub Míšek,Veronika Příbaň Žolnerčíková,Michal Tuláček,Roman Vybíral / Language(s): Slovak,Czech Issue: 29/2024

Selection of reviews on high quality student theses on various topics concerning ICT law.

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THE HISTORY AND IMPACT OF THE EUROPEAN CONSTITUTION ON THE EUROPEAN UNION

THE HISTORY AND IMPACT OF THE EUROPEAN CONSTITUTION ON THE EUROPEAN UNION

Author(s): Ana-Maria Comșa / Language(s): English Issue: 37/2024

In the European Union, although there is no "European Constitution" in the sense of a single constitution governing the entire Union, in a similar way to the national constitutions of its member states, there is a complex legal framework that is formed by treaties and intergovernmental agreements that governs its operation. The Union operates on the principles of the rule of law and respect for human rights. However, the idea of a "European Constitution" was a highly discussed and controversial one, especially in the 2000s. Although it was not adopted in the form of a proper Constitution, the Treaty of Lisbon introduced numerous reforms and changes in the structure and the functioning of the EU, largely reflecting the initial objectives of the European Constitution. Thus, the term "European Constitution" remains an important one in the history of European integration, even if the initial project was not implemented in its original form. In this paper we will try to present an overview of the history of the EU Constitution, as well as the structure and supporting pillars of the European legal order.

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