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Poslednje dve decenije u Evropskoj uniji se intenzivno uređuju pojedina pitanja iz oblasti krivičnog prava. Aktivnosti su bile pretežno usmerene na zaštitu interesa Evropske unije, unapređenje bezbednosti i policijske i pravosudne saradnje u krivičnim stvarima. Uporedo se kroz pravne instrumente i praksu Suda pravde Evropske unije razvija i načelo uzajamnog priznanja u krivičnim stvarima. Primena uzajamnog priznanja zahtevala je uspostavljanje minimalnih pravila u oblasti zaštite prava osumnjičenih i okrivljenih, kao jednog od elemenata prava na pravično suđenje. Na Savetu Evropske unije 2010. godine donet je Stokholmski program i Mapa puta, na osnovu koje je doneto šest uputstava kojima se uređuju pojedina prava osumnjičenih i okrivljenih u krivičnom postupku. Autor u radu analizira domašaj primene uputstava, kao i praksu Suda pravde Evropske unije. Donošenje uputstava je značajno za uspostavljanjе pravnog okvira, ali ostaje da se vidi kakvi će biti efekti na prava okrivljenih.
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Because this a special number of this law Magazine, dedicated to the exercise of the Presidency of the EU Council by our country, we have to talk about the satisfaction registered, and also about the consistent efforts made for this important event for Romania. I titled the editorial "Legislative landmarks of the exercise of the Presidency of Romania at the Council of the European Union", because the space reserved in the Magazine would have been insufficient to highlight all the legislative measures in which our country was involved in all 6 months (of which 3 months of a totally different intensity, given that at this level, it is a bicameral legislature, in which we meet, within the ordinary or special legislative procedure, the EU Council, the European Parliament, the latter holding the elections in May). In a few pages, we wanted to highlight some of the most important steps that characterized the exercise of the Presidency of the Council of the European Union by Romania. The choice of topics was an obvious one, based on the fact that, in their realization, colleagues were involved with special, but rewarding efforts that not only bring together the quality of theoreticians of the law, but also that of practitioners of the field.
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At the informal European Council, which took place in Romania, in Sibiu, on May 9, 2019, the EU leaders adopted the "Declaration from Sibiu", a document containing, in 10 points, the objectives to be achieved for the good of the European citizens. The informal meeting of the Heads of State and/or Government took place under the sign of the past, the present, but, above all, looking ahead to the "common (...) future", as the text of the Declaration begins.
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The Presidency of the Council of the European Union is ensured, for a period of 18 months, by groups predetermined by three Member States, a group called trio. The trio is formed on the basis of an equal rotation system of the Member States, taking into account their diversity and the geographical balance of the Union. The current trio consists of Romania, Finland and Croatia. The proposal recommends a presentation of the legal basis of the exercise of the Presidency of the Council of the European Union and of the establishment of trios, as well as highlighting the main aspects of the Council's 18-month Program (January 1, 2019 - June 30, 2020) and the audit of the Presidency of Romania - the state that has inaugurated the current trio - at the Council of the European Union.
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This article follows the evolution of the procedure for the adoption of the European Union E-evidence legislative package, from April 17, 2018, when the European Commission sent to the European Parliament and the Council the Proposal for a Regulation on the orders on European Production and Preservation Orders for electronic evidence in criminal matters and the Proposal of the Directive laying down harmonized rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings and up to now, insisting on the new paradigm of the principle of mutual recognition of judgments and judicial decisions, which is required by the Legislative Package, namely the compliance with the production and preservation orders by IT service providers, directly, without involving, in principle, a judicial enforcement authority. The contributions of the Austrian Presidency of the Council of the European Union, from the second semester of 2018, as well as of the Romanian Presidency, from the first semester of 2019 are highlighted, underlining the changes made by the Council on the Commission's Proposals through the general approaches on the Proposal of Regulation, its completion with its three annexes and the Proposal of the Directive. The article places particular emphasis on the elements of the general approach of the Council on the Draft Regulation that reflects the governmental interests of not losing national control over electronic data transfers, focusing on the newly introduced procedure for notification of production orders, of situations in which the production of electronic evidence is limited or hindered by the immunities or privileges, limitations or exclusion of criminal liability for journalists or for reasons of public order. Another issue analysed is that of the possible conflict between the jurisdictions of the European Union member states and those of the third states in relation to the production of electronic evidence, in particular by the lack of coordination of the provisions of the E-evidence legislative package with those of the US law, Cloud Act.
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Romania’s Presidency of the Council included among its objectives the elimination of remnant barriers within the internal market. For achieving this goal, Romania quickened the adoption of new rules, meant to facilitate the supply of digital content and digital services by traders to consumers, in a cross-border context. Romania’s contribution led to the adoption of the Directive (UE) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services. The Directive entails the maximum level of harmonisation and ensures a high level of consumer protection, diminishing, at the same time, trade obstacles in the European Union.
More...Obiectiv important al președinției României la Consiliul UE
Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (also known as Brussels IIbis Regulation) is relevant both in terms of ensuring effective legal protection for children and in the aspect of judicial cooperation in family law matters within the European Union, being a practical implementation of the principle of free movement of persons, in the an area of freedom, security and justice. In the first part, the article realises a brief analysis of some of the implementing rules of the Brussels IIbis Regulation prior to its reform, the analysis being an exemplifying and not limiting one, while in the second part, the main changes brought to the recast proposal are presented as well as the successful completion of the procedure for the adoption of the recast proposal during the rotating Presidency of Romania at the Council of the European Union, which makes the Presidency of Romania of the Council to achieve one of its objectives, namely Adopting the recast proposal of the Regulation (EC) No 2201/2003 and the publication of the new recast Regulation in the Official Journal of the European Union on July 2, 2019.
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The achieved objectives and the measures adopted during the Romanian Presidency of the Council, in the field of education and training highlighted the priorities of the Union and the interests of the Member States within the limits of the competences established by the Treaties of the Union. The results successfully achieved during the Romanian Presidency will have an impact at European level and will be able to generate progress in the evolution of this policy for which European Union EU could support the action implemented by Member States. The Erasmus Programme continues to be an important tool for developing this policy, as consequence it represented one of the main priorities of the Romania’s mandate at the EU Council.
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Digital technology is changing paradigms in society and, inevitably, in the legal space. This raises difficult questions that affect many aspects of the law. The European Union seems to use the rulemaking to facilitate technological development and, at the same time, to limit their use in certain respects. It is obvious that we are looking for new horizons. This paper outlines an overview of the EU digital policy, pointing to the subsequently adopted legal framework in the first half of 2019, in the field of the online platforms, open data flow, consumer protection in e-commerce and of copyright on the digital single market.
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The challenge of disinformation for the foundations of democracy within the European Union has generated substantial efforts at the level of EU institutions and of the Member States in order to provide effective countering instruments. Besides the Action Plan against disinformation and pieces of legislation of the Member States, a variety of actions and instruments have been initiated within the EU. The Romanian Presidency of the Council of the EU catalysed and supported the coordination efforts. The intense rhythm of the fight against disinformation should be accompanied by legal instruments establishing the pre-requisite for using the online space. This is essential in order to allow its functioning in accordance with the democratic principles.
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During the first half of 2019, Romania held the Presidency of the Council of the European Union for the first time since its accession, and was confronted with a particularly difficult challenge: on 29 March 2019, the two-year term provided by Article 50 of the Treaty on European Union, for the negotiation and conclusion of a withdrawal agreement, came to a close. Consequently, Romania had to guide the Council through a process that had never been initiated before and to find ways of minimising the potential negative consequences of the United Kingdom’s withdrawal from the EU without an agreement.
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In 2019 Romania has exercised, for the first time since it acquired the status of member state of the European Union, the semi-annual and rotating Presidency of the Council of the European Union, an institution involved, together with the European Parliament, in the ordinary legislative procedure and responsible for the adoption of most of the legislative acts within the special legislative procedures, even if they may involve the participation of the European Parliament. Given that the Council institution is composed of representatives at ministerial level of the EU Member States, at first glance, the decision-making process within it could appear to be monopolized by the representatives concerned. However, and of great importance for ensuring the democratic legitimacy of the functioning of the Council, the activities connected to the exercise of its Presidency can also imply an important parliamentary component which, even in the absence of the adoption of acts with compulsory legal force, can exert a tangible influence on the activities of the analysed institution.
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Summary of judgements on tax matters delivered by the Court of Justice of the European Union in March-April 2020 .
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This paper aims at examining the current legal framework in the Republic of Bulgaria, aimed at the realization of the right to education, proclaimed by the Charter of Fundamental Rights of the European Union, in terms of its financing. The purpose of the study is to answer the question of the legal means established in the state to guarantee the full exercise of this right. To achieve this, the content of the right to education is clarified, considering the specific mechanisms that the legislator in the Republic of Bulgaria has envisaged for its guarantee and protection. The latter ones have been examined in detail, and where deemed necessary, a critical analysis has been made, pointing out some legislative deficiencies and proposing solutions to these problems.
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The Rule of Law and the human rights protection are two of the founding principles of a democratic society, shared by European states and protected by the European Union and the Council of Europe. Recent evolutions in political life of member states from the East show a trend to neglect the Rule of Law, which induces a negative impact on the protection of fundamental rights in these countries. The European Law has some legal instruments to compel member states to respect the Rule of Law principle within their territory. This article tries to tackle the efficiency of these instruments against the interests of governing political parties in Eastern member countries.
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All the treaties concluded between the Member States, as well as the multitude of normative acts issued by the institutions and bodies of the European Union have given birth and created the Union law. In addition, the CJEU's decisions have a crucial role in the development of the law. This study explains the role and mission of the Court of Justice of the European Union where the silence of the treaties intervenes, as well as the power of its decisions.
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The Seveso-directive constitutes a generic term to refer to a set of consecutive directives on the question ofmajor-accident hazards. The catastrophic accident in the Italian town of Seveso prompted the adoption of the first directive on the matter. The so-called Seveso-Directive, namely directive 82/501/EEC, was later amended in view of the lessons learnt from later accidents, resulting into Seveso-II (directive 96/82/EC). In 2012 Seveso III (directive 2012/18/EU on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Directive 96/82/EC) was adopted, taking into account, inter alia, the changes in the European Union legislation on the classification of chemicals. The new text, already applicable, has increased rights for citizens to access information and justice and focuses on modern topics, such as coping with ‘’near misses’’.So, it results that is a particularly human rights – friendly text of major importance. The cases of acts of malware against Sevesoclassified installations in France, in 2015, have highlighted the close relations between safety and security, which essentially constitute the same legal good, called by the term “asfaleia’’ in Greek.
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Interest in Artificial Intelligence (AI) research has increased rapidly in recent years, largely due to the many successes of modern machine learning techniques such as deep learning, the availability of large datasets and improvements in computing power. AI is becoming more and more applicable to healthcare and there is a growing list of tasks where the algorithms have matched or exceeded physician performance. Despite the successes, there remain significant concerns and challenges related to the opacity of the algorithm, trust and security of patient data. Despite these challenges, AI technologies will become more and more integrated, for example in emergency medicine in the next years. In 2017, there were many EU and UK legislative initiatives and proposals on the analysis and the impact of artificial intelligence on society, issues of responsibility, legal personality, ethical and legal issues, in the context of increasing volume processing higher data. Since March 2017, the Information Commissioner's Office (UK) has updated its database guide for the development of artificial intelligence and machine learning and to provide GDPR since 25 May 2018. The key challenge for artificial intelligence in personal data processing is to establish that such processing is correct, even with negative social consequences, which are not treated differently by GDPR. The question of the correctness of the regulatory framework is an important part to address the imbalance between big data organisations and personal data subjects, with a series of social and ethical effects to be assessed.
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