Alternative Disputes Resolution for Consumer Contracts: Challenges for EU and its Implementation in Slovakia

Author(s): Ľubica Martináková,Miroslav Slašťan / Language(s): English Publication Year: 0

This paper focuses on current challenges in arbitration law in the context of consumer contracts. It starts with a brief introduction on need to regulate this very specific area by considering arguments for and against the arbitration clauses in consumer contracts in general. The authors then move onto short history excursion on “prohibition” of alternative dispute resolution in the EU with emphasis on current EU legal framework - Directive 2013/11/EU on alternative dispute resolution for consumer disputes (the “Directive”) and Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes.

European Union Law and the International Investment Arbitration

Author(s): Ivan Puškár / Language(s): English Publication Year: 0

This article analyses if and in which direction investment tribunal in intra-EU investment arbitration would apply EU law and if it could at least take it into account by decision making process. It considers three approaches in which EU law and its rules could be relevant. First, EU law is a system based on international treaties, and is therefore a part of international law.

Regulations Specific to Trademark Rights in the European Union and the Internal Market

Author(s): Dorel Mihai Vlad / Language(s): English Publication Year: 0

The creations that are protected under “industrial property” are, like other creations protected under the comprehensive name of “intellectual property,” products of human creative activity, the fruit of thought, rational activity, and the result of man's ability to create and to perceive concepts. With regard to trademarks and geographical indications, it is initially noted that they do not constitute creations of the spirit in the true sense of the word and that their connection with "intellectual property" is rather vague, according to some authors, non-existent.

Търговската несъстоятелност в контекста на задълбочаването на финансовата интеграция на ЕС

Author(s): Teodora Delisivkova / Language(s): Bulgarian Publication Year: 0

The paper discusses current issues of the dynamic process of achieving compliance with EU law and legislative changes in Bulgaria, which aim to improve commercial insolvency proceedings. Innovations in insolvency proceedings in the EU with the adoption of Directive (EU) 2019/1023 of the European Parliament and of the Council of the EU are justified as a necessary condition for effective participation in the Single Internal Market. The challenges for the implementation of the Directive until 2021 are analyzed. Conclusions are summarized on the progress of Bulgaria in harmonization with EU law in the areas of restructuring, insolvency and debt forgiveness and the ongoing legal changes in this field.

Legislative Analysis of the European Union's Response to Public Health Emergencies

Author(s): Cristina-Luiza Erimia / Language(s): English Publication Year: 0

Although the European Union has long faced the problem of shortages of medicines in recent years, both due to increased global demand and the COVID-19 pandemic, the problem has worsened exponentially. The shortage of medicines is a growing threat to public health, with a serious negative impact on health systems and on the right of every patient in the EU to have access to appropriate medical treatment. The COVID-19 pandemic has highlighted the importance of a smoothly functioning internal market and strong supply chains for medicines and medical equipment, as well as EU dependence on third countries in the health sector, given that 40% of finished medicines marketed in the EU come from third countries. Although Europe has a large production capacity, the supply chain still depends to a large extent on non-EU subcontractors for the production of active substances, where labor costs and environmental standards are often lower (60 to 80% of the active chemicals in medicines are produced outside the EU, mainly in China and India). In this context, this article aims to examine the legislative measures taken at the EU level to prepare for crisis situations in the field of medicines, mitigate shortages of medicinal products, and improve the security of supply.

Extraneity Elements Inheritance

Author(s): Andreea-Lorena Codreanu / Language(s): English Publication Year: 0

In matters of succession, the European Union has set itself the objective of maintaining and developing an area of freedom, security and justice in which the free movement of persons is ensured, adopting thus measures relating to judicial cooperation in civil matters having cross-border implications, to facilitate the understanding of foreign law. This is also the rationale behind the provisions of Regulation (EU) No. 650/2012 designed to ensure that conflicting judgments are avoided in EU Member States. According to this European legal act, the European Certificate of Succession issued under the Regulation should constitute a valid act for the registration of succession in the registers of another Member State. This is not mandatory since the national authorities are the ones that may impose additional procedures and formalities.

The Role of EudraVigilance in Protecting and Promoting Public Health in the European Economic Area in the Context of the Sars-Cov-2 Pandemic

Author(s): Cristina-Luiza Erimia,Radu George Cazacincu,Verginica Schröder / Language(s): English Publication Year: 0

Social Dialogue and Tripartism Paradigm at the Level of the European Union

Author(s): Mihaela Agata Popescu / Language(s): English Publication Year: 0

The problem of social dialogue and conceptual crystallization (Ștefanescu 2017) of this phenomenon was an element of maximum interest for European legal doctrine and specialized practice, especially at the level of the European Union and international bodies with attributions in the field of labor protection. Thus, the International Labor Organization (ILO) proposes a working definition for social dialogue (Popescu 2021, 37), which reflects processes and practices found in different countries and which regards social dialogue as a voluntary act of information, consultation and negotiation of social agreements between partners, as well as negotiation of collective labor contracts. More precisely, according to the definition proposed by the International Labor Organization (ILO), Social Dialogue includes any type of negotiation, consultation or the simple exchange of information between representatives of the government, employers and workers on topics of common interest regarding economic and social policies (Popescu 2021, 36). There can be a tripartite process in which the government formally participates in the dialogue, or it can refer to bipartite relations, involving only representatives of workers and management (or trade unions and employers’ associations), in which the government participates indirectly or not.

Discrimination of the Roma in European Union Countries

Author(s): Ioana Emilia Milanovici / Language(s): English Publication Year: 0

Discrimination is a widespread phenomenon throughout the world, representing a constant concern for various authorities in the field in order to combat it, especially starting with the 20th century, particularly after WWII. Sanctioning of discrimination is an effort of state authorities with attributions in the field, but also of non-governmental organizations actively involved in combating discrimination of any kind. Most often, discrimination remains unsanctioned for reasons related to the group or the person subject to discrimination. Ignorance of the law, lack of access to information, the bureaucratic procedure in the courts, lack of knowledge upon competent authorities whom the persons or groups targeted by discrimination should address, but also the ignorance of the forms of discrimination leading to the assimilation of acts of discrimination as a normality of society are some of the most common reasons why the phenomenon of discrimination is widespread, difficult to identify, prove and sanction.

По някои въпроси на прилагането на процедура на договаряне без предварително обявление в контекста на европейското законодателство в областта на обществените поръчки

Author(s): Ilonka Goranova / Language(s): Bulgarian Publication Year: 0

The negotiated procedure without prior publication is one of the means of awarding public contracts. As contracting authorities derogate from the principle of transparency, they should apply that procedure only in exceptional cases, always justifying its use. The legality of contracting authority decision to use that procedure is a prerequisite for the conclusion of effective contracts, as well as, the lawful expenditure of public funds. Contracting authority, that has conducted a negotiated procedure without prior publication, in the absence of the preconditions specified in the law, is subject to administrative penal liability. In their turn, interested stakeholders can file a claim for ineffectiveness of the contract before court.

Some Data Protection Issues of the EU Regulation of Artificial Intelligence

Author(s): Bálazs Gáti / Language(s): English Publication Year: 0

The application of artificial intelligence in various forms is playing a significant role in an increasing number of areas of human activities. Due to its widespread applicant, a number of legal provisions regulate the conditions for the use of artificial intelligence, subject to more important data protection considerations. The aim of the study to present the main features of the data protection regulation on artificial intelligence. Current issues related to the challenges of artificial intelligence in relation of EU data protection regulation were searched and analyzed. The data protection package adopted in may 2016 - Regulation (Eu) 2016/679 of the European Parliament and of the Council - aims to prepare EU countries for the digital age, while providing general rules for the use of artificial intelligence by setting the conditions for automated data processing. Conclusion: The use of artificial intelligence carries member of risk elements with regard the rights and freedoms of natural persons, but regulation with appropriate guarantees and conditions can reduce these risks.

Траст: англосаксонски институт у европскоконтиненталном праву?

Author(s): Milica Ristić / Language(s): Serbian Publication Year: 0

According to the Hague Convention on the Law Applicable to Trusts and of their Recognition in 1985, a trust is defined as an legal relationship arising from legal transactions inter vivos or mortis causa, which is created by the founder (settlor) by placing certain funds (assets) under the control of the trust (trustee) in the interest of a third party (beneficiary) or for the realization of a special purpose. As a typical product of Anglo-Saxon legal system, it is impossible to understand trust without knowledge of its legal-historical development. However, while the trust undoubtedly owes its affirmation and rise to the Anglo-Saxon casuistic spirit, searching for its roots can lead to interesting connections and legal transplants in relation to Roman, Salian and even Arab law. Particularly interesting are the comparisons of a special type of trust established for charitable purposes (charitable trust) and an institute which in European continental law is usually called a foundation or endowment, and which derives its origin from the Roman-Byzantine institution known as oiae causae. By analyzing the development of these two institutes and comparing the positive legal norms that regulate them in different legal systems, this paper will try to show whether a particular Anglo-Saxon institute may already exist in European continental law disguised under other names and whether the differences between the two major world legal systems, at least in this respect, is as essential and insurmountable as is often pointed out in legal theory.

Договорът от Лисабон: институционални изменения

Author(s): Jasmine Popova / Language(s): Bulgarian Publication Year: 0

The article is an attempt to point out the main innovations of the Treaty of Lisbon related to composition, competence and the way of functioning of the institutions of the European Union. The institutional changes illustrate the desire and political will of the member states to increase the capacity and good functioning of the institutions and decision-making process in the EU.

СЪЩНОСТ И ПРАВНО ЗНАЧЕНИЕ НА ПРИНЦИПЪТ „ЗАМЪРСИТЕЛЯТ ПЛАЩА“ В ОБЛАСТТА НА УПРАВЛЕНИЕ НА ОТПАДЪЦИТЕ

Author(s): Raya Ilieva / Language(s): Bulgarian Publication Year: 0

This article will address the issues of the nature and legal significance of the „polluter pays“ principle in the field of waste management enshrined in the Treaty on the Functioning of the European Union (Article 191). The purpose of environmental regulation is to reduce or minimize the impact of human activities on the environment and nature, especially given its impact on nature itself and on the living conditions of humankind.

Principiul proporționalității în domeniul confidențialității și protecției datelor: Riscurile dezechilibrului raportului public – privat

Author(s): Marius Catalin Mitrea / Language(s): Romanian Publication Year: 0

Different from multiple points of view, but especially from a teleological perspective, both the public and private sectors are obliged to respect the principle of proportionality in the field of data protection and confidentiality. A principle of the European Union which essentially stipulates that the means used do not exceed the limit set by the minimum impairment of the rights and freedoms of the data subjects necessary to fulfill the purpose of the processing, the principle of proportionality has a different applicability, depending on the specific instruments for each sector. In the area of privacy and personal data protection, the relationship between the public sector (whose primary objective should be the public service) and the private sector (whose mainly objectives are profit making and economic development) cannot be addressed without a third element, namely the data subjects (natural persons, individuals). Influenced by the type of political regime (pluralist, totalitarian or mixed), the reporting of the two sectors to the data subjects is carried out by virtue of their qualities as citizens, respectively clients, with the related rights and obligations. Therefore, by violating the proportionality of the processing of data subjects, one sector would become more powerful than the other, a fact that would lead to functional imbalance. This research aims to identify the situations in which either the public or private sector abandons its specific purpose of a democratic state of law, violates the principle of proportionality and processes personal data contrary to the principles of Regulation (EU) 679/2016. One conclusion is certain: the possible desire to maximize authority and control at any cost, respectively profit, by violating the principle of proportionality, represents a serious slippage that strongly affects the whole society.

nteligența artificială. Recomandări, orientări și cadrul juridic în România

Author(s): Daniela Ghituleasa (Duță) / Language(s): Romanian Publication Year: 0

This study aims to present the legal framework, endorsed or implemented recommendations and guidelines in Romania, and significant developments regarding artificial intelligence. Romania is among the last EU member states without a national strategy in the field of artificial intelligence. To facilitate the development of the national strategy on AI and the Action Plan for implementing the strategy at the national level, the Romanian Committee for Artificial Intelligence was established at the end of 2022. The research is focuses on the implementation of norms and recommendations regarding artificial intelligence, algorithmic transparency, facial recognition and combating the use of autonomous weapon systems in Romania. Romania has endorsed or implemented the OECD Recommendation on Artificial Intelligence, the UNESCO Recommendation on the Ethics of Artificial Intelligence, and the Universal Guidelines for Artificial Intelligence?

Probleme ale transpunerii dreptului UE al climei în dreptul român

Author(s): Mircea M. Dutu-Buzura / Language(s): Romanian Publication Year: 0

Assumed as the new development strategy of the European Union, the Green Deal (2019) supposes for its implementation the adoption of a complex, innovative, legislative device, adapted to the new objectives of the "just and inclusive" energy and ecological transition. This involves the revision and completion of around 50 directives and regulations and the adoption of new ones, as well as the approval of new strategies and plans targeting over 50 key areas, with an important legal impact, both at the European level and in the internal law of the member states of the EU. Standing as around 40% of EU-European law and generating, through transposition, about 75-80% of the relevant internal law of the member countries, EU environmental and climate law determines through this reform substantial changes in terms of positive law and the legal concepts concerned. In this context, the main European legislative act is Regulation (EU) 2021/1119 of the European Parliament and of the Council of June 30, 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) no. 401/2009 and (EU) 2018/1999 ("European Climate Law"). Its transposition into domestic law, including in Romania, presents a series of particularities arising from its legal nature as a regulation and the specifics of the assumed objectives: in the mid term, the reduction of GHG emissions by 55% by 2030 and, eventually, the achievement of climate neutrality at the 2050 horizon. The latter having a collective character, the member states themselves determine the measures intended to contribute to its achievement. The delegated acts adopted by the EC in the application of the framework law will require specific legal reactions from the member countries. Finally, some recommendations (related, for example, to the establishment of a national advisory evaluation body) entail increased freedom of options. The transposition into domestic law of EU regulations on fighting climate change does not remain indifferent to the interactions assumed by the capacity of parties to the Paris Climate Agreement, both of the EU and of all 27 individual member states.

Necesitatea adăugării unor noi ocupații în nomenclatorul COR: analistul în protecția datelor și expertul în protecția datelor

Author(s): Marius Catalin Mitrea / Language(s): Romanian Publication Year: 0

Alongside with the adoption of Regulation (EU) 2016/679 (General Data Protection Regulation, hereinafter GDPR), a new occupation appeared at the level of the European Union, namely the Data Protection Officer (DPO). Gradually, the member states of the European Union (in which the GDPR is fully applicable), have added the DPO occupation in their own dedicated nomenclatures. In Romania’s case, the DPO occupation was added to the Classification of Occupations in Romania (COR) by Order 1786/2017 of the Minister of Labor and Social Justice and of the President of the National Institute of Statistics and received the COR code 242231. In practice, however, at an advanced level of both qualitative and quantitative maturity, it is impossible for a single natural person to fulfill all the duties assigned to the DPO (art. 39 of the GDPR). Thus, the entities that wanted to pay more attention to the protection and confidentiality of personal data, had to create specific functions, assimilated in the internal organizational charts with different designations (data protection analyst, data protection expert, data protection specialist, data protection coordinator, etc.), but without clear equivalence in COR. The assimilations with occupations already registered in COR were various, from analyst (COR code 251201) and information analyst (COR code 242224) to process improvement specialist (COR code 242102), legal adviser (COR code 261103) and others. The transitional situation for specialists carrying out their professional activity in the field of personal data protection - other than DPOs - needs to find stability and homogeneity, while the attention of researchers and practitioners should turn to all categories of specialists of the domain. One of the first measures that would be required in order to eliminate ambiguity, relativity, but also functional inconsistencies, might be the addition of the data protection analyst (with limited, analysis duties), respectively the data protection expert (with extended duties) in Classification of occupations in Romania.

Aplicarea dreptului Uniunii Europene de către instanțele de judecată din România. Eroarea judiciară.

Author(s): Delia Mihaela Marinescu / Language(s): Romanian Publication Year: 0

The correct administration of justice is a defining element for a state of law, whose main mission is to guarantee an act of justice carried out in accordance with the law and the application of national and European legal norms with reference to the factual situation deduced from the judgment, with the aim of respecting procedural rights of the parties. That is why the State must sanction the activity of judicial bodies that exercise their function in bad faith and that violate the rules of law, pursuing or accepting the injury of the rights of litigants, especially considering that errors in the judicial act produce serious consequences not only on citizens who are party to that case, but also on the security of the judicial system as a whole, as an essential part of state security. After Romania's accession to the European Union on January 1, 2007, the changes made in the national legislation, primarily through the adoption of new codes in civil matters, civil procedure, criminal and criminal procedure, highlighted the importance of the priority application of European Union law in the activity courts in Romania, equally for all citizens, without distinguishing themselves according to their quality and status. The main objective of this research is related to the presentation of the legal framework that enshrines the mandatory compliance by national judges of the principle of priority application of European Union law, as well as the exposition of the relevant jurisprudence identified in the practice of the Court of Justice of the European Union. The article analyzes the legal and jurisprudential norms at the level of the European Union in the matter, the manner of their application in the activity of the courts in Romania, in order to respect the principle of the supremacy of the law of the European Union, but also the importance of avoiding cases of judicial error.

Fenomenul radicalizării - amenințare și provocare pentru spațiul Uniunii Europene

Author(s): Viorel Gheorghe / Language(s): Romanian Publication Year: 0

The definition of an area of security and guarantee of citizens' rights, in the various democracies, is, we must say, a permanence in front of the asymmetric threats foreshadowed, especially after the moment of September 11, 2001. In the context of the effort to complete the "European dream", the European Union it becomes fully involved in the elaboration of security policies, simultaneously, of the normative set and the institutions possessing a concrete mandate in achieving the security objectives. The European Union gives priority attention to the definition of the concepts of Common Foreign and Security Policy (CFSP), along with that of Common Security and Defense Policy (CSAP). It is unequivocal that, in recent years, at the Union level, various institutional and political constructs have made their presence felt, aimed at achieving or contributing to the achievement of normative as well as operational progress, for the prevention and/or countering of threats of asymmetric bill, through legal norms in the area of security and defense policy, so that the fundamental goal - the realization of a space of freedom, security and justice - has become one of capital importance for the perfection of guaranteeing the set of rights and freedoms, especially the right to free movement in the EU area, but also in the field of the protection of the fundamental rights of citizens, proportionally, contributing to providing an adequate response to the urgent problems that, here, in the current volatile strategic context, Union is currently facing radicalization, extremism, terrorism and hybrid threats.