Reinforcing Criminal Justice in Border Districts

Author(s): Maria Yordanova,Dimitar Markov / Language(s): English

The report makes an overview of the general problems and specifics in the detection, investigation and punishment of cross-border crime, i.e. actions, connected with illegal crossing of or illegal transfer of goods across the border. The publication also presents views about the necessary measures – legislative, organizational and technical – for enhancing justice and law enforcement in the districts close to the Bulgarian-Turkish, Bulgarian-Macedonian and the Southern Black Sea borders.

Izbori u domaćem i stranom pravu

Author(s): / Language(s): Serbian

Srpsko pravo i međunarodne sudske institucije

Author(s): / Language(s): English,Serbian

Scenarios for a Wider Europe

Author(s): Michael Emerson / Language(s): English

This paper makes the case for enhancing the economic and political integration of the entire wider European space with the EU, involving all those neighbouring states willing to subscribe to EU standards while at the same time facilitating the EU’s further enlargement in due course. This would also amount to a consolidation of Europe’s values, and act as a strategic marker to rebut Russia’s efforts to undermine those values. More specifically, the author advocates: - Upgrading the EU’s Association Agreements (AA) with East European states (Georgia, Moldova, Ukraine), with further content branded ‘AA+’; - Replacing the European Neighbourhood Policy with a Wider Europe policy concept; - Continuing the development of a multi-speed Europe which, with other EU reforms, could facilitate further enlargement of the EU when the conditions are met.

№74 The End of the Transitional Period for Police and Criminal Justice Measures Adopted before the Lisbon Treaty: Who monitors trust in the European Criminal Justice area?

Author(s): Katharina Eisele,Sergio Carrera,Valsamis Mitsilegas / Language(s): English

This study examines the legal and political implications of the recent end of the transitional period for the measures in the fields of police and judicial cooperation in criminal matters, as set out in Protocol 36 to the EU Treaties. This Protocol limits some of the most far-reaching innovations introduced by the Treaty of Lisbon over EU cooperation on Justice and Home Affairs for a period of five years after the entry into force of the Treaty of Lisbon (until 1 December 2014), and provides the UK with special ‘opt out/opt-in’ possibilities. The study focuses on the meaning of the transitional period for the wider European Criminal Justice area. The most far-reaching change emerging from the end of this transition will be the expansion of the powers if scrutiny by the European Commission and Luxembourg Court of Justice over Member States’ implementation of EU criminal justice law. The possibility offered by Protocol 36 for the UK to opt out and opt back in to pre-Lisbon Treaty instruments poses serious challenges to a common EU area of justice by further institutionalising ‘over-flexible’ participation incriminal justice instruments.

№80 The Criminalisation of Irregular Migration in the European Union

Author(s): Mark Provera / Language(s): English

This paper offers an academic examination of the legal regimes surrounding the criminalisation of irregular migrants in the EU and of acts of solidarity with irregular migrants, such as assisting irregular migrants to enter or remain in the EU, and other behaviour that is motivated by humanitarian instincts.The research analyses EU law and its relationship with national provisions regarding the criminalisation of irregular migration and of acts of solidarity vis-á-vis irregular migrants. A comparative analysis was made of the laws of the UK, France and Italy, supplemented by ananalysis of the laws of Germany, the Netherlands and Spain. By considering the role of public trust in fostering compliance with the law, the paper explores the impact of criminalisation measures on institutions’ authority to compel individuals to comply with the law (institutional legitimacy).

№52 Justice and Home Affairs Databases and a Smart Borders System at EU External Borders. An Evaluation of Current and Forthcoming Proposals

Author(s): Didier Bigo,Sergio Carrera,Ben Hayes,Nicholas Hernanz,Julien Jeandesboz / Language(s): English

This study examines current and forthcoming measures related to the exchange of data and information in EU Justice and Home Affairs policies, with a focus on the ‘smart borders’ initiative. It argues that there is no reversibility in the growing reliance on such schemes and asks whether current and forthcoming proposals are necessary and original. It outlines the main challenges raised by the proposals, including issues related to the right to data protection, but also to privacy and non-discrimination.

Towards Common Standards on Rights of Suspected and Accused Persons in Criminal Proceedings in the EU?

Author(s): Mar Jimeno-Bulnes / Language(s): English

The Swedish Presidency of the EU presented in July 2009 a new Road map with a view tofostering protection of suspected and accused persons in criminal proceedings in the Union. The Road map set out its vision to foster the right to a fair trial in criminal proceedings across the EU. The same Presidency also presented a Draft Resolution on 31 July 2009 outlining the grounds and content of the Road map, which was adopted by the Council on the 30 November 2009. Its aim was to invite the European Commission to submit new legislative proposals covering the measures included in the Roadmap, and in this way overcome the obstacles encountered by a previous Commission initiative of 2004 on certain procedural rights incriminal proceedings throughout the EU.

Whose Citizenship to Empower in the Area of Freedom, Security and Justice? The Act of Mobility and Litigation in the Enactment of European Citizenship

Author(s): Anja Wiesbrock,Sergio Carrera / Language(s): English

The Stockholm Programme and the European Commission’s Action Plan implementing it have positioned the freedom, security and justice of ‘European citizens’ at the heart of the EU’s political agenda for the next five years. Yet, who are the ‘citizens’ about whom the Council and the European Commission are so interested? At first sight it would appear as if only those individuals holding the nationality of a member state would fall within this category. This paper challenges this assumption,however, and argues that as a consequence of litigation by individuals before EU courts and of the growing importance given to the act of mobility in citizenship and immigration law, the personal scope of the freedoms accorded to European citizenship already covers certain categories of third country nationals (TCNs). Through an examination of selected landmark rulings of the Court of Justice in Luxembourg, the paper demonstrates how the requirement of being a national of an EU member state is progressively becoming less important when defining the boundaries of the European citizenry.

The EU’s Dialogue on Migration, Mobility and Security with the Southern Mediterranean. Filling the Gaps in the Global Approach to Migration

Author(s): Sergio Carrera / Language(s): English

Recent events in North Africa and the Mediterranean have had consequences in terms of human mobility, and are putting the foundations and components of EU’s migration policy under strain. The forthcoming European Council summit of 23-24 June 2011 is expected to determine ‘the orientations for further work’ under the Polish Presidency and the next JHA Trio Presidency Programme for the EU’s policies on cross-border migration in the Mediterranean and internal mobility within the scope of the Schengen regime. This paper constitutes a contribution to current and future EU policy discussions and responses on migration, mobility and security. It provides a synthesised selection of recommendations in these domains resulting from the research conducted by the Justice and Home Affairs (JHA) Section of the Centre for European Policy Studies (CEPS) during the last nine years of work.

Innovation and Development in Business Law

Author(s): / Language(s): English

This volume contains the scientific papers presented at the Tenth International Conference „Perspectives of Business Law in the Third Millennium” that was held on 8 November 2019 in online format on Zoom. The conference is organized each year by the Faculty of Law of the Bucharest University of Economic Studies together with the Society of Juridical and Administrative Sciences. The scientific studies included in this volume are grouped into five chapters: Commercial law; Labor law; Criminal law; European and international law. The present volume is addressed to practitioners, researchers, students and PhD candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at international and national level.

Legislative and Jurisprudential Analysis Regarding the Circulation of Food Supplements at the Level of the European Union

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

The Europe dietary supplements market exhibits a diverse end-user concentration, encompassing health-conscious individuals, fitness enthusiasts, and those seeking preventive healthcare solutions. With a growing awareness of holistic well-being, the market caters to a broad spectrum of consumers, ranging from aging populations seeking nutritional support to younger demographics embracing proactive health measures. In the context of an increasing number of products being introduced into the European Union market in the form of food products containing a concentrated source of nutrients and presented as supplementing the intake of these nutrients into the normal diet, this paper examines the regulation of the internal market of food supplements, as well as the obstacles arising to cross-border trade in dietary supplements containing substances other than vitamins and minerals. Given that European legislation does not include specific provisions on the use of substances other than vitamins or minerals in food supplements, the free movement of these products is governed by Articles 34 – 35 of TFEU/Treaty on the Functioning of the European Union and may thus be subject to national restrictions or prohibitions within the limits set out in Article 36. At the same time, the paper aims to present the relevant case-law of the Court of Justice of the European Union which restrictively interprets the list of derogations stipulated in Article 36 of TFEU, so that measures taken by Member States do not constitute a means of arbitrary discrimination or any restriction hid under the trade of food supplements containing substances other than vitamins and minerals.

VIITORUL INSTRUIRII ÎN DOMENIUL ORDINE ȘI SIGURANȚĂ PUBLICĂ - TEHNOLOGII ȘI SOLUȚII INOVATOARE

Author(s): Sergiu-Adrian VASILE / Language(s): Romanian Publication Year: 0

This article presents how cutting-edge technologies and innovative solutions are transforming training in the field of Public Order and Safety. As aspects related to public order and safety become increasingly complex and threats evolve rapidly, traditional training methods are being redefined through the use of advanced technologies. From VR (Virtual Reality) and AR (Augmented Reality) simulations to machine learning platforms and data analysis, these innovations enable more realistic, customized, and efficient training for Public Order and Safety authorities. The article examines the impact of these solutions on response capacity, strategic preparedness, and public safety, providing concrete examples of how state-of-the-art technologies support the development of critical skills, competencies, and decision-making, considering the importance of maintaining a balance between innovation, privacy, and responsibility.

TRENDURI EMERGENTE ALE TEHNOLOGIEI UTILIZATE ÎN SECURIZAREA FRONTIERELOR EXTERNE ALE UE

Author(s): Iulian Andon,Sergiu-Adrian VASILE / Language(s): Romanian Publication Year: 0

This article aims to analyze and present the innovations and emerging trends in technology that significantly contribute to the modernization and enhancement of the security of the EU's external borders. Technologies such as artificial intelligence, biometric systems, big data analytics, and unmanned aerial vehicles (drones) are increasingly being integrated into border control mechanisms to improve the identification, monitoring, and management of cross-border flows of people, goods, and information. However, alongside the benefits these technologies bring, the article also highlights the significant challenges and risks they pose, including issues related to technology integration, cybersecurity vulnerabilities, risks to personal data protection, dependence on technology, and social and ethical risks.

Wprowadzenie

Author(s): Maria Supera-Markowska / Language(s): Polish Publication Year: 0

The text is an introduction to the subject of legal and tax issuesof activities for socially useful purposes. It defines the conceptual apparatusnecessary to carry out analyses in the indicated scope and presents the mostimportant problem issues.

Gospodarka jednostek sektora non-profit w wybranych krajach OECD w latach 2002–2022 w świetle rachunków narodowych

Author(s): Michał Bitner / Language(s): Polish Publication Year: 0

The subject of the paper is the presentation of the phenomena occurring in the economy of the non-profit institutions serving households (NPISH) sector of selected OECD countries in the light of national accounts. The study reviews the sequence of accounts of the NPISH sector in selected countries and identifies the economic quantities that most synthetically allow international comparisons. In particular, the following issues were analyzed: the economic importance of the NPISH sector in each country, the degree of ”commercial orientation” of the NPISH sector, the resource structure (”financing”) of the sector, and the structure of resource use (”expenses and costs”). Attention was drawn to the far-reaching differences in the NPISH economic system in the various countries covered by the study.

Działalność pożytku publicznego w polskim systemie podatkowym

Author(s): Maria Supera-Markowska / Language(s): Polish Publication Year: 0

The text concerns legal and tax issues of public benefit activities in the Polish tax system, above all, in the field of income taxes and VAT. The analyses show that in many respects legal and tax solutions, both in the area of income taxes and the tax on goods and services, are not adequate to the specificity of public benefit activities. Starting from the assumption that such activities, due to the implementation of socially useful objectives important for the common good, should be treated appropriately for tax purposes, a number of de lege ferenda postulates have been formulated concerning various tax aspects of public benefit activities.

Odliczenia darowizn na gruncie ustaw o podatkach dochodowych oraz ustaw regulujących stosunki państwa z Kościołami

Author(s): Jan Gradkowski / Language(s): Polish Publication Year: 0

The aim of the article is to analyze the legal and tax aspects of deducting donations for the benefit of church legal entities. The fundamental conclusion is the unconstitutionality of laws regulating the relations between the State and Churches. In this scope, legislative efforts are necessary to equalize the legal and tax situation of entities engaged in charitable and caregiving activities, regardless of their affiliation with a specific Church or religious association.

Opodatkowanie Kościoła katolickiego i organizacji pozarządowych w Hiszpanii

Author(s): María Gabriela Lagos Rodríguez / Language(s): Polish Publication Year: 0

This chapter deals with the financing of the Catholic Church in Spain, a controversial subject that often gives rise to judgments that are far removed from academic rationality and the reality of current legislation. The aim is to provide the reader with the keys to the model of financing the Catholic Church by means of tax designation so as to assess its compliance with the principle of equal treatment with other religious denominations. The Spanish legal system has chosen to integrate the Catholic Church’s tax treatment and that of other denominations, as well as that of non-governmental organisations, in Law 49/2002, from 23rd December, on the tax regime of not for profit entities and tax incentives for patronage. In the same way, this law determines the tax implications of these entities’ main private source of resources, donations. It also establishes the applicable tax incentives and the real possibilities of achieving a self-financing objective.

Zakończenie

Author(s): Maria Supera-Markowska / Language(s): Polish Publication Year: 0