EU Innovation Strategies and Mechanisms Applied on National Level

Author(s): Mihaela-Gabriela Apostol / Language(s): English Publication Year: 0

The article addresses the topic of innovation strategies and mechanisms used in the Romanian public sector in order to optimize the innovation process within the country, and, at the same time, it focuses on the European Union strategies and mechanisms implemented on a national level. The purpose of this article is to present a framework on the modalities of innovation in the public sector, focusing on innovation strategies, but also on the mechanisms used to achieve the proposed goal. This article is based on the research of scientific papers focusing on innovation, especially on the public sector. The importance of using innovation strategies and mechanisms on a national level needs to be understood because it is through innovation that the demands of the citizens of a state can be met.

All That Glitters is not Gold - an Empirical Review of Article 17 of the European Union's Copyright in the Digital Market Directive

Author(s): Péter Mezei / Language(s): English Publication Year: 0

The European Union's (EU) copyright liability regime for the use of subject matters in the online environment has been in motion for two decades. Based on the EU directives of the Millennium, the Court of Justice of the European Union has developed platforms' direct liability for certain end-user activities. This, coupled with the growing streaming ecosystem prompted the EU to introduce the Copyright in the Digital Single Market (CDSM) Directive in 2019. Article 17 of it obliges online content-sharing service providers (OCSSPs; practically hosting platforms) to authorize end-user uploads, and subjects them to liability in the lack of authorization or the prompt removal of illegal content. Article 17 is the cornerstone of the EU's digital copyright reform, but its practical effectiveness is far from certain.

Freedom in Business. Concept and Forms of Manifestation

Author(s): Manuela Nită / Language(s): English Publication Year: 0

Liberty is generally regarded as the right of any individual to act according to his own will. This freedom is also transposed in business as the freedom of initiative in which the entrepreneur manifests his legal will according to his interests. The present analysis starts from the role of the principle of freedom in business within the branch of law, in order to identify the normative benchmarks that give it substance and the components of this freedom from an economic and legal perspective, with references to practical elements. The study also addresses the correlation between the values of this freedom and the existence of standard, framework and adhesion contracts that do not exclude the manifestation of the will of the parties in giving content to the business, being protected from any attempt at discrimination or abuse by the authorities. Freedom in business and freedom of contract is analyzed with reference to Romanian and European legislation, but also to specific norms of international trade law, especially regarding the freedom to choose the applicable law.KEYWORDS: undertake, legal will, competition, usury clause, consensualism

The Involvement of the European Commission in the Implementation of the “European Union for Health” Program for the Period 2021-2027 Relevant Union Legislative Mechanisms

Author(s): Elise-Nicoleta Vâlcu / Language(s): English Publication Year: 0

The need for a new concerted approach by the member states of the European Union starting with 2020, regarding the "EU policy in the field of health" was generated by the outbreak of the crisis caused by COVID-19. On 11 March 2020, the World Health Organization (WHO) declared the epidemic caused by the new coronavirus (COVID-19) as a global pandemic, causing an unprecedented health crisis. Faced with this cross-border threat to public health, the member states have concluded that additional action at the European Union level is necessary to support cooperation and coordination between them. Therefore, the Union co-legislator adopted Regulation (EU) 2021/522 of the Parliament and of the Council on 24 March 2021, establishing a program of action of the European Union in the field of health "European Union Program for Health" for the period 2021-2027 (Regulation (EU) 2021/522 of the Parliament and of the Council of 24 March 2021 establishing an action program of the European Union in the field of health ("the "EU program for health") for the period 2021-2027 (OJ L 107, 26.3 .2021, p. 1-29) repealed Regulation (EU) no. 282/2014. This regulation is mandatory in all its elements and applies directly in all member states from January 1, 2021).

Analysis of the New European Legislative Measures Adopted in the Field of Drug Precursors

Author(s): Cristina-Luiza Erimia,Denisa-Elena Dumitrescu / Language(s): English Publication Year: 0

Drug precursors are chemicals that are primarily used for the legal production of a wide range of products such as medicines, perfumes, plastics, cosmetics, etc. However, by diversion from the licit circuit, these chemicals can be used for the illicit production of drugs. Given the wide range of legitimate uses of drug precursors, their trade cannot be banned. To prevent the diversion of precursors from licit channels, specific rules have been put in place at both international and EU levels to control their legitimate trade at EU borders and on the internal market. European legislation on precursors aims to strike a balance between the control needed to prevent their diversion and their legitimate trade and use, without creating unnecessary administrative burdens. This article aims to analyze the legislative measures taken at EU level to monitor the trade in drug precursors between the Union and third countries and the harmonization of the national legislative framework in this area. It also aims to analyze the effectiveness, efficiency, relevance and coherence of the legislative framework on drug precursors and how this is integrated into EU drug policy.

Brief Considerations regarding the Main Union Legislative and Transposition Instruments, adopted with the View to Supporting Ukraine in the Context of the Russian Invasion

Author(s): Elise-Nicoleta Vâlcu / Language(s): English Publication Year: 0

On February 24, 2022, the European Council condemned, in the strongest terms, Russia’s invasion of Ukraine, considering it “a serious violation of the territorial integrity, of the sovereignty” of an independent state, also representing a serious violation of international law and the principles of the United Nations Charter. In the same context, the European Council reaffirmed the need to adopt protective measures for refugees from Ukraine and to support the Ukrainian economy. Therefore, the member states of the European Union have determined that it is necessary for the Union legislator to adopt an appropriate regulatory framework, to which this material refers and which is to be presented, prioritizing two fundamental directions: (a) providing support both to Ukrainian citizens as well as to other refugees from Ukraine, located in the territory of any state of the European Union; (b) granting concessions to the Ukrainian authorities by adopting trade liberalization measures for all products, adopting policies on accelerating the elimination of customs duties for trade between the Union and Ukraine.

DNA Collection: A Comparative Analysis of Legal Profiles

Author(s): Victor Andrei Cărcăle / Language(s): English Publication Year: 0

This paper aims to differentiate between the legal norms related to genetic data exchange and the technical-scientific norms applied during biological sample collection and analysis. While legal norms are resistant to legislative harmonization, technical-scientific norms are conducive to universalization. The study will survey the sources within the European Union, which are diverse and occasionally disorganized. These sources address the sharing of genetic data during police and judicial cooperation among member states, serving different objectives. The DNA Database allows judicial authorities and police to search and exchange DNA profiles with international databases in accordance with the Prüm Treaty and "Prüm Decisions" (European Union Council Framework Decisions 2008/615/JHA and 2008/616/JHA) to combat terrorism and cross-border crime through international police cooperation.

Renewable Energy in the European Union

Author(s): Alexandru Petrea / Language(s): English Publication Year: 0

The European Union has set ambitious targets for renewable energy, aiming to increase the percentage share of renewable energy in gross final energy consumption and promote its use in transportation and heating sectors. Romania, having a significant potential in renewable energy, especially wind and solar energy, can play an important role in achieving these goals. The exploitation of abundant natural resources and the development of production capacities in wind, solar and hydropower can contribute to the transition to a cleaner and more sustainable energy system, bringing economic and environmental benefits to the country and contributing to significant reductions in greenhouse gas emissions.

Theoretical Considerations Regarding the Know-How Contract from the Perspective of the European Union Legislation and the Romanian Transposition Legislation

Author(s): Elise-Nicoleta Vâlcu / Language(s): English Publication Year: 0

The investment made in generating and applying intellectual capital is a determining factor in terms of competitiveness and performance related to innovation, regardless of whether we consider a cross-border or a national market. In most cases, marketers resort to different means to appropriate the results of their own innovation activities. One of these means is the use of intellectual property rights, such as patents, design rights or copyright. Another means of protecting innovation results is to protect access to information that has some value to an entity and is not widely known. In the context of Union law, mentioning in this regard Directive (EU) 2016/943 on the protection of know-how and undisclosed business information (trade secrets) know-how and valuable undisclosed business information which is intended to remain confidential are called trade secrets. In the context of an increasingly dynamic and technological Union and international market, trade secrets, characterized by the fact that they go beyond the framework of technological knowledge and include commercial data, such as customer and supplier information, business plans and studies and strategies market, are as important as patents and other forms of intellectual property rights. The issue of commercial secrecy is regulated in Romanian legislation under OG 25/2019 on the protection of know-how and undisclosed business information that constitutes secrets. Therefore, this research aims to address the issue of commercial secrecy as a variation of the know-how from the EU and Romanian legislative perspective of transposition.

ПРОЦЕСНИТЕ ПРАВА И ГАРАНЦИИ НА ДЕЦАТА ВО СУДИР СО ЗАКОНОТ И ЗАШТИТА НА ЖРТВИТЕ ВО ЕВРОПСКАТА УНИЈА

Author(s): Gordana Lažetić / Language(s): Macedonian Publication Year: 0

The modest aim of the paper is to present the evolution of the EU regulation regarding the rights and guarantees for protection of the defendant in the criminal procedure, the procedural rights of children suspected and accused as perpetrators of criminal acts, as well as the rights of the victim in the criminal procedure and the rights of the child victim, within. The development of the EU regulation is guided by the commitment for establishing minimum standards that will facilitate the handling of cross-border cases across EU Member States, ensuring fundamental rights, minimum procedural safeguards and access to justice, equal status, rights and protection. In this way, the citizens' trust in the EU increases and strengthens. In this context, the importance of the principle of mutual recognition of court decisions is a necessary prerequisite for facilitated judicial cooperation. Victims' needs should be considered and addressed in a comprehensive, coordinated manner, avoiding partial or inconsistent solutions which may give rise to secondary victimisation. Justice cannot be effectively achieved unless victims can properly explain the circumstances of the crime and provide their evidence in a manner understandable to the competent authorities. It is equally important to ensure that victims are treated in a respectful manner and that they are able to access their rights. The need to strengthen the procedural rights and guarantees of children in conflict with the law that appear as perpetrators of criminal acts is imposed as a necessity in the context of the longstanding trend for protection of the procedural rights of the defendant as an adult perpetrator. The special approach to children in conflict with the law is ensured by the provisions of the domestic legislation, but it is necessary to strengthen and upgrade this corpus of rights and protections for the purpose of legitimate and fair participation of children in conflict with the law in the court criminal procedure against children. The need for a closer knowledge of the various segments of the EU regulation has been imposed in the context of efforts to bring domestic legislation in line with the amendments. In this sense, it is necessary to identify the aspects of the domestic criminal procedural legislation that should be annexed or supplemented in order to meet the standards specified in the relevant EU documents.

СЛОБОДАТА НА ИЗРАЗУВАЊЕ СПОРЕД ЧЛЕН 10 ОД ЕВРОПСКАТА КОНВЕНЦИЈА ЗА ЧОВЕКОВИ ПРАВА И ОСНОВНИ СЛОБОДИ

Author(s): Kostadin Bogdanov,Veronika Stanojevska / Language(s): Macedonian Publication Year: 0

EU-US Agreement on Combating Cybercrime

Author(s): Simona Franguloiu,Nicoleta-Elena Hegheș / Language(s): English Publication Year: 0

Combating and preventing the commission of particularly serious offences, especially those related to cybercrime, requires a tailored response, which means making prevention work more effective, through the work of bodies and institutions with specific powers in this area, but also of judicial bodies that must cooperate, so that the existence of international instruments has become an absolute necessity. These are intended to strengthen international judicial cooperation (in addition to other activities) by coordinating efforts and actions to dismantle organized crime groups. Given the importance of electronic evidence in the investigation and prosecution of offenders in this area, in June 2019, the Council authorized the European Commission to start the procedure to start negotiating an agreement on behalf of the EU with the US on access to and collection of electronic evidence, negotiations which are ongoing. Of course, the subject matter of the agreement and the negotiated clauses are not public at the moment, but the European Commission regularly informs the Council on the state of these negotiations, so we intend to highlight the advantages of concluding this agreement as soon as possible from the perspective of international judicial cooperation.

Exploring the Application of Article 10 (11) in Law no. 241/2005: Tax evasion and Non-Punishment Clauses

Author(s): Bogdan Vîrjan / Language(s): English Publication Year: 0

In Article 10 (11) from Law no. 241/2005 for the prevention and combating of tax evasion, a clause of non-punishment is regulated, which becomes incident if the damage caused by the commission of one of the acts provided by Article 61, 8 or 9 of this law does not exceed the value of 100,000 Euros, in the equivalent of the national currency, and this damage, increased by 20% of the calculation basis, to which interest and penalties are added, is fully covered during the criminal investigation or during the trial until a final ruling is rendered. In Article 10 (12), this normative act also states that the provisions governing this clause of non-punishment apply to all defendants even if they did not contribute to covering the damages. In view of these provisions, the High Court of Cassation and Justice - the judicial panel for the settlement of legal issues in criminal matters was seized in order to issue a ruling by which the question of law would be resolved, consisting in the question of whether the provisions of Article 10 (11) of Law no. 241/2005 are applicable in the case of covering the damage as a result of an involuntary activity, respectively a foreclosure procedure. By Decision no. 39/2003, The High Court of Cassation and Justice - the judicial panel for the settlement of legal issues in criminal matters rejected as inadmissible the seizure made in order to issue a preliminary ruling for the resolution of the legal issue under analysis, considering that the admissibility conditions stipulated by the Code of Criminal Procedure were not met in the case that generated the seizure, because it is not allowed to resort to this legal means in order to receive from the supreme court the concrete resolution of the case and the question that was the object of the seizure referred to a form of Article 10 (11) prior to the current form, which did not condition the incidence of this case of non-punishment by the maximum amount of the damage caused, of 100,000 Euros, a form that was not applicable to the case in which the seizure was made and therefore the dismissal by law did not lead to the resolution of the case. Considering that the problem with which the Supreme Court was seized was not resolved as a result of the rejection of the seizure as inadmissible, in this article we proposed to conduct an analysis; on how the provisions of Article 10 (11) and (12) of Law no. 241/2005 should be interpreted and applied in the situation where the damage caused by the offense is covered by a third party or as a result of an involuntary activity, such as in the case of a foreclosure procedure.

Final Countdown for the Implementation of the Deposit Return System in Romania

Author(s): Marta-Claudia Cliza,Laura-Cristiana Spătaru-Negură / Language(s): English Publication Year: 0

This study aims to present the current status of the Deposit Return System (DRS) implementation in Romania (called in Romanian ‘Sistem de Garantie Returnare’ and abbreviated as SGR). In 14 days from now, Romania must start operating the deposit return system according to the European Union legislation and the Romanian legislation put in place. Being an important component of the circular economy, everybody's asking if, through this implementation, Romania will be able to attain the recycling objectives of the European Union and be clean, especially now, on November 16, 2023, when the European Commission initiated infringement proceedings against Romania and five other EU member states over waste management issues. Numerous questions arise concerning the implementation and operation of DRS. Is Romania ready for this moment, especially since it is supposed to collect more than 7 billion recipients at the national level? What is the present status of the deposit return system implementation and how difficult will be to put in place a functioning operating system? Are all the stakeholders involved in DRS ready? This study will address the current issues in implementing the deposit return system in Romania, hoping that point by point will be addressed by the Romanian authorities in due time to have a functional system on November 30, 2023.

European Certificate of Inheritance

Author(s): Cristina Ramona Duță / Language(s): English Publication Year: 0

This paper aims to analyze the intricate matters surrounding the succession of deceased persons who have their nationality and last residence in one of the countries of the European Union, but have assets (e.g., real estate) located in Romania. It is important to determine which law applies to the succession, which court or notary public is qualified to settle a succession case with a foreign element. For a succession with an element of foreignness within the European Union to be effectively managed, heirs, legatees, executors of wills or administrators of the estate must be able to easily prove their status and/or competences in another Member State, such as the Member State where the succession assets are located. The proper functioning of the internal market is facilitated by removing obstacles to the free movement of persons who might face difficulties in exercising their rights in the context of a succession with foreign elements. In the European area of justice, citizens must be able to organize their succession in good time. The rights of heirs and legatees, other persons close to the deceased and creditors of the succession must be effectively guaranteed.

The Development of the Right to an Effective Remedy Under EU Law: the Filling of Legal Gaps by the European Court of Justice

Author(s): Allan F. Tatham / Language(s): English Publication Year: 0

This paper seeks to chart the European Court of Justice (‘ECJ’) evolution of the principle of the need for an effective remedy – before national courts – to protect rights of individuals and companies derived from EU law (“EU rights”). The relevant case law will be looked at to show how the ECJ used national courts' treaty-based duties of Union loyalty and sincere cooperation to force them to protect EU rights in proceeding before them.Without this protection, EU law would have lost its relevance in the eyes of individual and companies across the Union. With the EU's initial unwillingness to interfere in any way with the provision of common remedies designed to enforce EU rights before national courts, it was left to the ECJ to gradually fill these legal lacunae and to pursue a policy of developing an EU basis for the provision of remedies to protect the enforcement of EU rights before the national courts while being sensitive to national jurisdictions.By balancing EU and domestic interests in this field, the ECJ managed – to a great extent – to bridge the gaps in the protection of rights under EU law while leaving the national courts with the ultimate responsibility for providing the relevant domestic remedy under their own system.

The Concept of Originality in Greece and the EU

Author(s): Irini A. Stamatoudi / Language(s): English Publication Year: 0

Greece is an EU member state. It has ratified all important international conventions on copyright and related rights, and it is part of the civil law tradition. The Copyright Act 2121/1993 provides a high level of protection for authors and related rights holders. The only basic requirement for a work to receive copyright protection is originality. The Greek standard of originality was for a work to be "statistically unique" meaning that no other author, under similar circumstances and with the same aim in mind, would reasonable reach the same creative outcome. Following the recent developments in CJEU case law, particularly the Infopaq case, EU member states are no longer able to apply their own criteria for originality, as the EU criterion now takes precedence. According to it, a work is original if it is its author's own intellectual creation, meaning that the author should have made free and creative choices and stamped the work with his personal touch.

Međunarodni privatnopravni aspekti talaq-a u pravu Europske unije i Bosne i Hercegovine

Author(s): Anita Duraković,Jasmina Alihodžić / Language(s): Serbian Publication Year: 0

Talaq, an institute of Islamic law, as a method of private dissolution of marriage, has cussed some legal difficulties in the EU member states. From the standpoint of private international and procedural law. particularly problematic is the issue of admitting talaq in the states that do recognize such a method of dissolving a marriage. Given that neither the EU member state (with the exception of one part of Greece)nor Bosnia and Herzegovina admit talaq, the question of recognizing talaq uttered in another state inevitably arises. Furthermore, the application of foreign law that admits this method of dissolving a marriage in cross-border cases is also contentious. Two EU legal instruments currently govern the issue of marriage dissolution: Regulation 2019/1111 and Regulation Rome III. In the past, courts in EU member states grappled with this issue in the Sahyouni case. Unfortunately, the EU Court did not seize the opportunity to contribute to a consistent approach to this matter within the EU. Given that Bosnia and Herzegovina is a candidate for EU membership, it is crucial that it recognizes the legal solutions for talaq established by EU sources of law and case law, as presented in the paper's final section.

Кратак осврт на нацрт новела у области оружја и муниције у Србији

Author(s): Branko Leštanin,Željko Nikač / Language(s): Serbian Publication Year: 0

As a candidate for accession to the European Union, Serbia follows the policy of European integration in the field of weapons and ammunition. Thus, after the adoption of Council of Europe Directive 555/2021, Serbia decided to amend the Weapons and Ammunition Law. The subject of this paper is the analysis of the text of the Draft Law on Amendments to the Weapons and Ammunition Law published on the website of the Ministry of Interior of the Republic of Serbia. This paper aims to educate the changing occurring in the field of weapons and ammunition, the factors that influenced the legislator’s decisions, and the implications of these changes and amendments. The basic hypothesis posits that the draft’s text aligns with Directive 555/2021, serves as the primary catalyst for the amendments, and will significantly impact future criminal and misdemeanor proceedings. After the introductory remarks, there is a section on the novelty in the introductory provisions of the law, then the amendments in the area of acquisition of possession and carrying of weapons, penal provisions and transitional and final provisions.

The Relation Between Doctrine as a Source of Law and the Principle of Legality of Indictment

Author(s): Cornelia Beatrice Gabriela Ene-Dinu / Language(s): English Publication Year: 0

The principle of legality of indictment helps to protect individual rights and to ensure fair and equitable justice. Criminal law is a branch of law that has a significant impact on individual liberty and the fundamental rights of persons, as it establishes the most severe legal liability in society. The principle of legality of indictment is essential to ensure the protection of individuals against arbitrariness and abuse of power committed by the authorities. Furthermore, the legality of indictment ensures predictability and certainty in the application of criminal law, contributing to society's confidence in the criminal justice system. The European Court of Human Rights has established that the legality of indictment, in the sense of accessibility and predictability of the law, is an essential aspect of respecting human rights within the field of criminal law. The law, in particular criminal law, must be spelled out with sufficient clarity to enable individuals to regulate their conduct in accordance with legal provisions. There are situations where normative construction, including criminal law, requires clarification to ensure uniform application. The normative interpretation provided by the High Court of Cassation and Justice, through referrals in the interest of the law and preliminary rulings aimed at clarifying points of law, plays a vital role in enhancing the legal framework. This process allows the doctrine to make a crucial contribution to the clarification and consolidation of the normative text, thereby ensuring consistency and predictability in its application.