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The principal aim of this article is to evaluate the unique role of the European Ombudsman in the domain of efficient implementation of the right to good administration. The author dedicates his attention to a number of strategic paradigms-related to the competences of the European Ombudsman and his at times controversial interaction with other EU institutions. The article suggests the introduction of new legal concepts in the field of building the necessary adequate administrative capacity of the European Ombudsman.
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The section contains a selection of the most important decisions of the Court of Justice of the European Union. The decisions are summarized and also the type of action, the main provisions invoked, the context, the law issues which have been raised, the conclusion of the case and previous decisions relevant to the case are indicated.
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The article discusses the issue of federalization of criminal law in the UE. The models of federal criminal law legislation are presented with a focus on the US and Australia. Then the author looks at the competences of the EU in the area of criminal law. Recent establishment of the European Public Prosecutor’s Office is given due attention as a step towards federalization of investigation and prosecution. Advantages and disadvantages of having federal system of criminal law are presented. The author is of the opinion that federalization of European criminal law is inevitable, however there are also numerous problems related to the process. Therefore the experience of federal states should be taken into consideration while creating the EU federal or quasi-federal system.
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The author points out that, in the light of the information contained in the report, negative developments include the fact that a relatively large number of infringement proceedings are initiated and pending against Poland and that Poland has recently lost a relatively large number of cases in the Court of Justice. On the other hand positive aspects include a significant reduction in the number of proceedings for failure to implement directives in a timely manner and the fact that in the reporting period no judgment was issued against Poland for failure to implement the judgment of the Court of Justice.
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In the opinion of the author, the implementation of the Directive, which will replace the currently binding Council Directive 2010/18/EU implementing the revised Framework Agreement on parental leave, should consist primarily in the implementation of those of its provisions which extend the existing parental leave rights of employees or introduce new rights. In essential part, this it is possible by amending certain provisions of the Labour Code Act.
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The article deals with the new phenomenon on the EU market, which has been the so-called dual food quality. This issue was the subject of many meetings and discussions, both at the level of individual EU countries and at the forum of the main EU bodies (Parliament, Council and Commission). New legal regulations were introduced, food inspections and tests are carried out in terms of its quality, and in principle its qualitative di)erentiation in individ-ual Member States. The article attempts to assess to what extent this is a real economic and market problem, and to what extent the activities aimed at introducing new forms of state pro-tectionism in the *eld of production and trade in food on the common market, i.e. the part of the market that is the most covered by harmonized EU law.
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The present day world crisis characterizes itself by the fact that in spite of the accurate perception of its dimensions and implications, the true solutions fail to surface. Whereas in the recent past only technology and industry focused the attention through their dynamic and the part played in the economic development, time and space – revised in our time’s spirit – offer another matrix, where a leading position is given to creativity and knowledge, which are considered to be more important factors than capital, labor and raw materials.A delicate issue is that technology, information, markets are global, but people are local! The space of flows (global) is in interaction with the space of places (local) and the cities gain an increasingly dual (local-global) function. Understanding and working in these conditions and in respect to is a real and difficult challenge for all administrative structures. Strictly applying the enforced regulations, even if it is a mandatory act (like all rules of public law), not everything is limited to it: modeling urban spaces and adapting to the general dynamics requires more than a blind compliance, meaningless to the fine perception of the phenomena that occur in this area; it requires a good understanding of what “urban body” means.
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While establishing the exclusive territorial competency, antagonistically regulated as compared to the case of the alternative territorial competency, the provisions of article 121 of the Civil Procedure Code favour the court from the consumer’s domicile, for the judgement of the professionals’ requests against consumers, the applicability of these legal provisions being non depending of the contractual or extra contractual nature of the substantial litigious motifs. Situated at the antipode of the permissive legal solution applicable in cases in which the consumer occupies the plaintiff’s procedural position in the requests on contractual performance, nullity of contractual provisions, annulment of agreements, judicial termination of contracts, unilateral termination of a business to consumer contract or tort actions aiming at the establishing of the professional’s liability for the prejudice caused to consumers, as resulting from the provisions of article 113, par. (1), pt. 8 Civ. Pr. Code, in the hypotheses in which, on the contrary, the professional introduces a judicial request as plaintiff against the consumer as defendant, the legal texts do not provide for an option to select the court’s territorial competency, since the cited legal provisions postulate an exclusive territorial competency of the court from the consumer’s domicile. The derogatory contractual provisions in the field of territorial competency may be seen as valid as long as they are kept in the perimeter of the legal limits on temporality and substantiality, from the perspective of the origins of consumer’s right to compensation of damages, as resulting from the provisions of the second phrase of article 121 Civ. Pr. Code, corroborated with the provisions of article 126, par. (2) Civ. Pr. Code, while placing the derogatory contractual terms related to courts’ territorial competency under the exigences of being proposed to consumers only „after the generating of the consumer’s right to compensation”.
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This paper presents the legal and strategic approach of the EU in education area amid multiple challenges the EU Members States (MS) are facing with, both immediate and in the long run i.e. Covid 19 pandemic, Brexit, migration (brain drain included), climate change, imminent economic and financial crisis and the need for an effective implementation of the EU’ recovery and resilience instruments to ensure a smooth green and digital transition. Against this challenging background, and in order to ensure the medium and long-term recovery and sustainability of the European economy (including its single market) and the survival of the European project, the EU institutions have no other choice but to embrace a strategic approach focused on those policies that can ensure both its economic competitiveness and sustainability (investments in Research & Development, effective transition to a green economy, supporting the Information and Communication Technology - ICT/development of the EU citizens’ digital skills, etc.). In this framework, the education is the field of intervention that has been much neglected due, inter alia, the lack of legal competence of the EU and the diversity of the national (and regional) systems for all the aforementioned areas and which can have an outstanding contribution to the long-term sustainability and resilience of the Members States. The EU project can ultimately last only by putting investments and effective policies in education on the top of the EU and national decision makers’ agenda and by having a corroborated and strategic approach in this field. Some yet little progress has been made in this area through EU supporting programs and much more need to be done to have a quality and inclusive education in Europe, especially in the less developed MS such as Romania.
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The study is a synthesis of the Court of Justice of the European Union’s rich case-law in interpreting Regulation (EC) no. 261/2004, with the scope to offer answers to possible difficulties which may arise in applying this legal instrument. We identified the main legal issues of interest in the event of cancellation or long delay of flights, such as the autonomous notions in this legislative act of the European Union, the main rights of passengers and obligations of air carriers, the nature and conditions of the air carrier’s liability, international jurisdiction of internal courts in cross-border litigation. The conclusion drawn is that CJEU’s case-law reflects the aim of ensuring a high level of protection for passengers, through an extensive interpretation of their rights, a restrictive interpretation of the cases in which the air carrier may be exonerated from liability and by establishing the complementary character of the Montreal Convention in relation to Regulation (EC) no. 261/2004.
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The paper presents an analysis of the European Commission Notice on restrictions directly related and necessary to concentrations and Commission merger control decisions from the perspective of the admissibility of ancillary restrictions including non-compete clauses covering as their subject, apart from a direct seller, entities placed above it in its capital group’s structure, including persons or entities ultimately controlling the seller. Such clauses often appear in transactional practice, usually raising doubts as to their compatibility with competition laws. The paper aims at presenting arguments supporting the admissibility of such clauses derived from the Notice and from Commission decisions. In addition, it studies decisions of the President of UOKiK regarding this issue.
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A vehicle blind spot, that is, an area that cannot be seen in a car mirror. This article claims that, despite the development of the EC’s and CJEU’s case law, gun-jumping consisting of a partial contribution to the change of control is a blind spot of EU merger control. The CJEU explained that the key criterion for the assessment of the standstill obligation is the lasting change of control, but it also encompasses said partial contribution and this leaves a wide margin of interpretation. EC’s decision practice does not so far allow for anticipating behaviour that would be considered as gun-jumping. The article also discusses the Polish NCA’s experience in gun jumping and considers gun-jumping in relation to the creation of a joint-venture as a blind spot.
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The purpose of this article is to discuss the judgment of the CJEU of 31 May 2018 in case C-633/16, Ernst & Young P / S v. Konkurrencerådet due to its significance for the qualification of specific behaviors of the merging-parties within the broadly understood gun-jumping practice. According to the judgment, the approach of the CJEU to the scope of the standstill obligation, as well as to other anti-competitive cooperation of entrepreneurs at the stage preceding the implementation of the concentration, will be presented. The above mentioned issues will be then analyzed and commented on. Furthermore the article will explore the impact of the judgment on the European Commission’s decisional practice. As the summary, some conclusions resulting from the judgment of the CJEU will be drawn, which should be considered in future M&A transactions.
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