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POJAM UPORABE MOTORNOG VOZILA U PRAVU OSIGURANJA OD AUTOMOBILSKE ODGOVORNOSTI

Author(s): Danijela Šaban / Language(s): Bosnian Issue: 17/2016

The concept of the use of motor vehicle is very important term in motor insurance law that affects the determination of the scope of insurance cover in respect of civil liability under insurance contracts against that liability. The first part of paper gives an general overview of motor insurance law with particular emphasis on the EU motor insurance directives and analyzes the concept of the use of motor vehicles according to Directive 72/166/ EEC. The second part, analyzes the concept of the motor vehicle use in national law in terms of insurance scope of cover, points out the different scientific understanding of the term motor vehicle use in the study of motor insurance law of Croatia, and in absence of legal definition, analyzes some Supreme Court decisions as case-law. Finally, article analyzes the decision of the European Court of Justice in the case Vnuk against Zavarovalnica Triglav of 4 September 2014 (C-162/13) and explains the reasons why the Court in the present case took a broader interpretation of the term motor vehicle use from what it previously interpreted the national court and what impact this decision has on further development of case-law and possible further development of the motor insurance law.

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PROCES PRILAGODBE I KORIŠTENjA FONDOVA EUROPSKE UNIjE – PRIMjER HRVATSKE

Author(s): Vidoje Vujić / Language(s): Croatian Issue: 02/2011

In the middle of 2011, Croatia temporarily closed all chapters of negotiation with the European Union. During this process, Croatia started implementing regional reforms and economic policies leading to competitive progress and more effective use of EU funds. This paper deals with statistical division of Croatian territory in three regions. It analyses statistical indicators which describe factors and areas of competitiveness of Croatian (Counties) regions. It also synthesises economic effects of use of EU funds and processes which are taking place in Croatia during preparations for the accession to full EU membership, as well as possibilities to participate in various pre-accession programmes and other forms of financial and technical assistance.

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PREOCUPĂRI LEGISLATIVE EUROPENE PRIN PRISMA REFORMEI PRIVIND PROTECTIA DATELOR PERSONALE

Author(s): Sebastian Popescu / Language(s): Romanian Issue: 30/2017

On a tiré, dans l’étape actuelle de la société humaine, la conclusion qu’il est nécessaire et utile, notamment pour la sécurité de la personne, mais aussi pour une bonne fonction de ce type de société ou nous vivons, la collection, le stockage, l’interprétation et l’utilisation des donnes à caractère personnel, des personnes. Ça peut signifier, dans une certaine vision, la dépersonnalisation de la personne, donc, en conséquence, la vulnérabilité et l’insécurité de celle-là, ou, au contraire, dans une autre vision, qui appartienne à l’Union Européenne aussi, la protection de la personne, la fonction des systèmes de sécurité et cognitives et la sécurité de lui-même. Le problème est très complexe, et la législation européenne se force le résoudre. La société de type cognitive, de laquelle nous justement commençons nous rapprocher, demande fermement l’universalisation et la sécurité de sa monade cognitive, c’est-à-dire de l’individu, de l’homme-cognition, la cellule essentielle de ce type de société.

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Provisions on Cooperation with the Member States of the European Union in Application of Framework Decision no. 2002/584/JHA of the Council of the European Union Regarding the European Arrest Warrant and the Surrender Procedures Between Member States

Author(s): Mădălina Cocoşatu / Language(s): English Issue: 1/2017

By Framework Decision no. 2002/584/JHA of the Council of the European Union of 13 June 2002 was concluded the decision taken at the Tampere European Council of 15 and 16 October 1999 to replace the formal extradition procedure for persons attempting to enter the European Union to evade justice after having been the subject of a final conviction with a simplified surrender procedure between the issuing judicial authority and the executing judicial authority, which may be assisted by the central authority designated for that purpose in the Member States in a relationship or, respectively, the contact points of the European Judicial Network.

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Zasada solidarności między państwami członkowskimi w prawie Unii Europejskiej – zmierzch czy renesans?

Author(s): Izabela Wróbel / Language(s): English,Polish Issue: 02/2019

In recent years, in reference to what has been called the “2015 migration crisis”, in EU Member States and in the forum of its institutions a lot is said about solidarity in the Union, both as a value and as a legal principle. Solidarity and, consequently, the entire European integration project is also said to be “in a state of crisis”. The aim of the article is to answer the question whether we are really dealing with the twilight of the legal principle of solidarity between the Member States of the Union, or, on the contrary, its renaissance. Therefore, the issues discussed include: the qualification of solidarity in the legal system of the Union (relations between value and principle in Treaty terms, way of expressing the principle in the Treaties), understanding of the principle of solidarity between Member States in doctrine and judicature and the role of this principle in the jurisprudence of EU courts as well as its effectiveness and perspectives (observance by the Member States, place in the reflection on the future of the Union, the concept of flexible solidarity). The hypothesis is that - contrary to popular belief - the principle of solidarity between Member States has now entered into one of the best periods in its history as the values and principles of the legal system of the European Communities and the European Union. The paper makes use of theoretical and dogmatic research methods. The result is the conclusion that solidarity between Member States remains the central principle of the legal and institutional system of the Union, without losing its strength of political influence and, above all, the capacity to produce (indirectly) legal effects. The migration crisis and the attitude of some Member States have contributed to the flourishing of the principle of solidarity as an object of reflection on the law and the future of the Union.

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The notion of ‘undermining the internal market’ and its legal meaning

Author(s): Miłosz Malaga / Language(s): English Issue: 02/2019

The paper aims at establishing the meaning of the notion of ‘undermining the internal market’. It is not only a general notion of EU law, but also a specific, negative condition for employing enhanced cooperation procedure in European Union law. The problem is significant for both theoretical and practical reasons. Firstly, it concerns the proper method of interpretation of the notion in question – especially when we consider the fact that in case law, the Court of Justice of the EU relies solely on arguments of economic (pragmatic) nature and does not employ any methods of legal interpretation. Secondly, the proper method of interpretation of the notion of „undermining the internal market” may lead to the conclusion that enhanced cooperation is not allowed in certain situations. To deal with the issue, we briefly present the procedure of enhanced cooperation with its hitherto adoptions in the EU law. We also analyse the Court’s case-law on these adoptions, with an emphasis on the interpretation of the notion of ‘undermining the internal market’. Having done this, we suggest another method of interpretation of the discussed notion. Against such a background, the suggested method is confronted with the system of unitary patent protection being introduced in the internal market through the enhanced cooperation procedure.

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Zróżnicowanie statusu prawnego pracownika delegowanego ze względu na długość okresu delegowania

Author(s): Jakub Grygutis / Language(s): English,Polish Issue: 02/2019

The object of this article is an analysis of the art. 3 sec. 1a of the amended on 18 June 2018 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services. From the perspective of the directive this provision does not change the legal nature of posting, but amends the scope of the labor law provisions provided in the host state. In fact, this provision divides posted workers into two groups: short-term and long-term posted. The author states a hypothesis that division into long-term posted workers and short-term posted workers carries substantial legal significance as it implies the implementation of appropriate regulations of labor law which apply to one or the other group of workers. The study discusses criteria regarding the status updating of long-term posting and analysis regarding status of a worker in the framework of such posting from the perspective of the private international law. The status of the long-term posted workers in the private international law partly resembles the status of the migrating workers on the basis of the freedom of movement. The research method used in the paper is a dogmatic-legal method.

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Union Legal Framework on Combating Frauds Against the Financial Interests of the European Union

Author(s): Elise-Nicoleta Vâlcu / Language(s): English Issue: 1-2/2019

Illegal activities that affect the financial interests of the European Union are, in most cases, transnational, being committed by criminal groups that know the legislative vulnerabilities of some Member States. An efficient fight against these types of illicit actions cannot be achieved only by a regulation and implementation at national level, in other words by the presence of national criminal legislation but by a harmonization of criminal laws in the field, respectively by a common definition at the union level, and implicitly by the creation of the appropriate legal framework regarding the offenses directed against the financial interests of the European Union. Thus, the need arose for the common definition of the offenses directed against the financial interests of the European Union, as well as the creation of a similar sanctioning system at the level of the Member States.The provisions of the Directive 2017/1371 on combating fraud directed against the financial interests of the Union by means of criminal law are in accordance with the Union law in the field deduced from the analysis, so the Union norm establishes minimum rules regarding the definition of crimes and sanctions regarding the fight against fraud and other illegal activities which affect the financial interests of the European Union.

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Maternity/Paternity Leave, Parental Leave for Child Care – Legislation, Child Psychology, Harmonious Development

Author(s): Raluca Laura Păunescu Dornean / Language(s): English Issue: 1-2/2019

For parents, the meaning of life is represented by children, because they are the reason they love and are loved. Being a parent is like a mission in space, full of challenges and experiments that imply time spent with the children. In this study, we intend to defer the normative framework applicable to maternity/paternity leave, parental leave for child care, and to observe the differences between these types of legal institutions and the conditions for granting, the duration and the amount of the allowances. In addition, we considered it appropriate to address this research in an interdisciplinary manner and to highlight aspects of child psychology in order to understand the overwhelming importance of these types of leave and the effective involvement of parents in the lives of their children.

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COMPARISON BETWEEN THE LEGAL PARTICULARITIES OF ROMANIA’S AND THE UNITED KINGDOM’S MEMBERSHIP OF THE EUROPEAN UNION

Author(s): Maria-Cristina Solacolu / Language(s): English Issue: 2/2019

Since its early accession to the European Economic Community (the predecessor of the European Union), the United Kingdom has, at times, shown itself reluctant to fully integrate and adopt the acquis communautaire. The UK has chosen to negotiate several opt-outs – more than any other Member State – regarding certain EU policies, with notable examples being the Monetary Union and the Schengen Agreement. Despite being granted such exemptions, the UK has remained a more sceptical member of the EU and has become the first to ever invoke the applicability of Article 50 of the Treaty on European Union, starting the process of withdrawal from the organisation. According to the terms provided by Article 50, the completion of said process should take place in the first half of 2019, coinciding with the rotating Presidency of the Council being taken over by Romania, who only joined the EU in 2007. Its legal standing is noticeably different compared to that of the UK: Romania’s participation in the aforementioned EU policies, which the UK has opted out of, is mandatory, but conditioned by the fulfilment of specific criteria. Romania is also, alongside Bulgaria, the object of certain safeguard measures designed to address the specific issues faced by the two states. The purpose of this article is to compare certain legal particularities that characterise Romania’s and the United Kingdom’s membership of the EU, and to determine their consequences with regard to each of the two states’ relationship with the organisation, as well as to the complex position the EU finds itself in during the first half of 2019.

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FORMS AND WAYS WHICH WOMEN COMBIN YOUR RESPONSIBILITIES FOR HOME CARE AND PRODUCTIVE EMPLOYMENT IN WORK IN ROMANIA, MEMBER STATE OF THE U. E.

Author(s): Dan Ţop / Language(s): English Issue: 1 (46)/2020

The large number of women who have entered the labour market in the last decades has contributed significantly to changing the perception of women's identity and itsrole. The role of women is no longer limited to domestic and reproductive activities; they alsowork closely with a paid activity, with work becoming a very important element instrengthening gender identity. However, compared to men, women employed work lesshours, in sectors with lower salaries and occupy lower positions, which leads to considerablewage and pay differences between women and men. Creating a solid social protectionsystem for atypical workers is even more necessary given that increasing women'sparticipation in the workforce and employment rate are essential to achieving the mainobjective of the Europe 2020 strategy in all EU Member States. Europeans, includingRomania.

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Rolul contenciosului judiciar în prevenirea și combaterea poluării aerului. Contribuția jurisprudenței Curții de Justiție a Uniunii Europene

Author(s): Mircea Duțu / Language(s): Romanian Issue: 12/2019

Air pollution is the biggest environmental threat to public health; every year, it generates the premature illness and death of over 5 million people worldwide and over 400 000 inhabitants of the EU. Such realities and the proliferation of the cases of non-compliance with the legal regulations and the measures adopted to prevent and combat air pollution have generated an increasing and more diverse judicial contentious, both at national level and at the level of the jurisdictions of the EU. By the Judgment of 26 June 2019, the Court of Justice of the EU has pronounced a solution for the reference for a preliminary ruling raised before a Belgian tribunal on the interpretation of Articles 6, 7, 13 and 23 and of Annex III of Directive 2008/50/EC. The intention was to find out to what extent the national jurisdictions can control the location of the sampling points and if it is possible to establish an average value, starting from the results of the different measuring stations, in order to evaluate the compliance with the limit values. The Court of Justice of the European Union has stated that national jurisdictions are competent to control the choice of the location of the air quality measurement stations and to take, with respect to the national authorities concerned, any relevant national measure; in order to evaluate the compliance with the limit-values, the pollution level of each sampling point must be taken individually. The new case law of the Luxembourg court contributes to strengthening the environmental contentious and its role in ensuring the application of the regulations in this field.

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Despre inepuizabila problematică a TVA. O viziune secvențială aplicativă în registrul special al cotei reduse de TVA de 5%

Author(s): Septimiu Ioan Puţ / Language(s): Romanian Issue: 1/2019

In the field of In the field of VAT, the tax authority can recalculate almost any generic transaction, but this retraining can not occur outside the positive law, the applicable tax directives and even the European case law (jurisprudence). From an administrative point of view, the interpretation of the law should aim to identify the original will of the legislator and be achieved in the sense of giving legal effects rather than fading away legal effects. Any doubt should be given to the taxpayer, part of the tax law legal relationship that has the ingrained position and limited means of action., the tax authority can recalculate almost any generic transaction, but this retraining can not occur outside the positive law, the applicable tax directives and even the European case law (jurisprudence). From an administrative point of view, the interpretation of the law should aim to identify the original will of the legislator and be achieved in the sense of giving legal effects rather than fading away legal effects. Any doubt should be given to the taxpayer, part of the tax law legal relationship that has the ingrained position and limited means of action.

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The Taxation of Intellectual Property in the European Union

Author(s): Ágnes Horváth / Language(s): English Issue: 5/2018

Intellectual property (IP) is a highly valuable asset most companies use in order to attain the products they sell or the services they provide to their customers. Multinational companies, which have a great geographical and economical reach, will find themselves facing situations where their products and services are monetized in many countries and from resources they have acquired from more than one state. Planning for the utilization of their IP is crucial to multinational companies with a greater geographical relevance, especially on the European market, where the common structure is less equipped to handle foreign and European companies. This paper gives a brief presentation of the relevant legislation that impacts European IP taxation. Finally, I will present some of the consequences preferential IP taxation can have on IP development and employment in the software development sector.

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Relansarea proiectului bazei de impozitare comune consolidate pentru întreprinderi și a bazei de impozitare comune pentru întreprinderi

Author(s): Alexandra Tomuța / Language(s): Romanian Issue: 5/2018

The common corporate tax base and the common consolidated corporate tax base are meant to redesign the corporate tax system in Europe in order to make it a competitive competitor for the United States. A common set of rules for determining the tax base was developed and procedural rules were put in place in order to ensure that the profit is attributed to the source jurisdiction.

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Overview of the Administrative Cooperation Rules Within the European Union

Author(s): Irina Galiș / Language(s): English Issue: 4/2018

Administrative cooperation remains a desideratum that goes beyond state borders the moment it is included in the European Union regulations. Although the concept seems frivolous at first sight, especially when compared to everything else the Community acquis has to offer, administrative cooperation in the field of taxation should be situated at the very foundation of the fight against tax evasion and tax fraud. Without any intention of exhausting the subject, the present study aims to analyze to what extent the present European regulations on administrative cooperation in the field of taxation, briefly reviewed – both concerning direct and indirect taxation – have proven to be effective, by reference to the analysis conducted by the supranational union itself, or whether the “state-of-the-art” regulations in the same field have any chance of success keeping in mind a more or less favorable prognoses.

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Questions Concerning Investigative Powers and Sanctions in Cases of VAT Frauds. A Comparative Analysis

Author(s): Cosmin Flavius Costaş / Language(s): English Issue: 2/2018

With the aim of efficiently combating VAT fraud within the European Union, European institutions approached also the matters of investigative powers and sanctions in cases of VAT frauds, at the level of Member States. The author focuses on a number of key-questions used by a European research group in order to provide a comparative analysis of these matters.

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Incidența prețurilor de transfer în materia ajutoarelor de stat. Analiza jurisprudenței europene

Author(s): Vladimir Griga / Language(s): Romanian Issue: 2/2018

In this paper, the author strives to find the legal arguments for the European Commission’s actions against Ireland and the Netherlands (the Apple and Starbucks cases). The essay explains the binary typology of the legal provisions regarding EU State Aid and transfer pricing (hard law & soft law) and introduces the reader to the key concepts in these matters, whilst portraying the facts and breaking down the legal aspects in the said cases.

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Reflectarea planului de acțiune împotriva erodării bazei impozabile și transferului profiturilor în cadrul legislativ român

Author(s): Alexandra Tomuța / Language(s): Romanian Issue: 2/2018

The innovative BEPS Action Plan has put forward the idea of unitary action at the international level from all the states in order to achieve effectiveness. This idea was carried out by the European Union through acts that gave binding force to the guidelines from OECD such as Directives and Regulations for which non-compliance is to be sanctioned. Nevertheless, what is of utter importance is for the States, at the national level, to act under the light of the guiding lines put forward at the international and European level so that the goal of combating tax evasion and tax fraud is reached. In this article we will try to identify how Romania has implemented the aforementioned measures.

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Elemente de cultură juridică norvegiană

Author(s): Cosmin Dariescu / Language(s): Romanian Issue: 2/2019

In a global society, legal cultures of different nations constitute a fertile field of research. The concept of legal culture is defined as ideas and expectations to law made operational by institutional practices. This paper aims to offer a synthesis of basic data about the legal sources, the court system and the judicial procedure of Norway. From the legal sources point of view, Norwegian Law is at the border between the Romano-Germanic Family and the Common Law Family. Courts are organized in a three layered system that deals with civil, criminal, administrative and constitutional cases. Judges are both professionals and laymen. The judicial procedure is oral, public, adversial and transparent, with some limitations on the right to appeal in civil cases.

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