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SEASONAL WORKERS BEFORE THE COVID-19 ERA: ANALYSIS OF THE LEGISLATION WITHIN THE CONTEXT OF EASTERN EUROPE

Author(s): Rossen Koroutchev / Language(s): English Issue: 1/2020

This paper analyzes the phenomenon of the seasonal workers in Europe before the Covid-19 pandemic and discusses the legislation for intermediation job intermediation agencies in several East European countries such as Bulgaria, Romania and Poland. Additionally we discuss the typical patterns for seasonal migration in European context. We also analyze the situation of seasonal workers in Scandinavia (the berry picking activity in Sweden), in Spain (the orange picking in the Mediterranean regions) as well as the Ukrainian seasonal workers in some of the Visegrad-4 countries (Poland, Czech Republic and Slovakia). Finally, we briefly discuss some novel approaches which might be used as regulation mechanisms.

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SOUTH AFRICA’S MIGRATION DYNAMICS: FROM SEGREGATION TO INTEGRATION

Author(s): Bianca-Anastasia Ionel,George Mihai Constantinescu / Language(s): English Issue: 2/2021

Migration is an extremely complex and sensitive concept. The main research purpose is the migration phenomena from the perspective of integration policies adopted by the country of destination concerning the process of cross-border immigration. In this research, we used as a case study the events in South Africa from 2014 until 2019. We chose this country because of its economic development, relative prosperity being one of the main reasons why migrants chose this country. The government is obliged to rethink its policies regarding the status of migrants. Using a qualitative approach, we used four levels of analysis (access to education, labor market, healthcare, political participation) to conduct an exploratory study on how South Africa’s government manages the integration policies. Using official documents and media articles we tried to determine the main characteristics of public policies in regards to integration in terms of social, economics, and politics.

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ACTUAL CHALLENGE IN INTERNATIONAL CORPORATE TAXATION: SHIFTING THE OBLIGATION OF CONDUCT INTO OBLIGATION OF RESULT

Author(s): Mihaela Tofan / Language(s): English Issue: 3/2022

The research answered whether cooperation in ruling corporate taxation, a traditional obligation of conduct of sovereign states, was undergoing profound transformation into the obligation of result. The analyzed topic was not whether the tax authorities want or should cooperate (which is answered per se), but rather how to appropriately respond to the international taxation requirements for strengthening the multilateral agreements. Tax authorities worldwide have expressed concerns about identifying efficient regulation, and the development of multilateral agreements to combat tax evasion was under long and often unproductive negotiation. The empirical analyses of relevant literature and jurisprudence helped formulate an opinion on the regulation’s efficiency in strengthening multilateral taxation. The need to change the nature of the state’s obligation to negotiate fiscal regulation was not mentioned explicitly in hard law. Still, it was indirectly supported by soft law instruments, such as state representatives’ continuous yet divergent dialogue and the approaches presented in the international courts’ jurisprudence. The consistent influence on the obligation to support developments in international law in corporate taxation was justified, given the limit when considering its conduct nature, compared to potential benefits generated by the obligation of result.

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EFFECT OF CORRUPTION ON FOREIGN DIRECT INVESTMENT INFLOWS IN COUNTRIES OF THE WESTERN BALKANS

Author(s): Artan Hajdini,Lum Collaku,Safet Merovci / Language(s): English Issue: 1/2023

The purpose of this study was to investigate the effect of corruption on Foreign Direct Investment (FDI) in the Western Balkans countries, including Bosnia and Herzegovina, Croatia, Kosovo, Montenegro, North Macedonia, Serbia, and Albania. Secondary data from The World Bank, Transparency International, and International Monetary Fund databases were utilized to complete this study for 2012-2020. The built model of multiple linear regression included four independent variables, namely: Corruption Perception Index (CPI), Western Balkan Corruption Ranking (WBCR), Exchange Rate (EXG), and Inflation Rate (INFL), as well as FDI as a dependent variable, and data effects were analyzed through the SPPS scientific research software program. The results found that if CPI and WBCR were to increase by one unit, FDI would decrease by 0.088, namely 0.624, while if EXG and INFL were to increase by one unit, FDI would increase by 0.165, namely 0.236. In order to fight corruption and potentially attract more foreign direct investment, the governments of these countries should work to harmonize their anti-corruption laws with those of the European Union. In order to prevent the negative consequences of FDI inflows, they should also maintain a balanced rate of inflation, which entails stabilizing exchange rate fluctuations.

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REGULATING FAKE NEWS IN TRANSNATIONAL JURISDICTION: A COMPARATIVE STUDY OF BRAZIL AND ARGENTINA

Author(s): Prabhpreet Singh,Driton Kuqi,Vijaylaxmi Sharma / Language(s): English Issue: 1/2023

Many oppressive governments have passed cyber laws, cracking down on free speech, and used less traditional tactics to restrict people’s capacity to speak freely and in public. This is particularly true in nations where the government regulates media and information flow due to closed information systems. Laws regulating fake news clash with citizens’ free speech and expression rights. The paper gives an overview of the hurdles in regulating transnational cases of fake news. In cases of cross-border jurisdiction, it becomes vital to examine International legal standards, such as international agreements and international institutions governing fake news. In this paper, we look at two case studies, one from Argentina and one from Brazil, to see how these countries have dealt with the issue of fake news in cases involving transnational jurisdictions. The paper concludes with the observation that various governments employ a variety of approaches and policies in order to combat fake news.

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LES CONTACTS DE L’EMPIRE ROMAIN AVEC LES HABITANTS DE LA SILÉSIE AUX PREMIERS SIÈCLES DE NOTRE ÈRE

Author(s): Piotr Sadowski / Language(s): French Issue: 2/2022

Today, Silesia is a large region located in the south-western part of Poland. A very small part of Silesia is currently in the Czech Republic and an even smaller part in Germany. In this paper, the author, Professor of the University of Opole, Piotr Sadowski, points to the examples evidencing the contacts between the ancient Romans and the inhabitants of Silesia at that time. He also asks about the nature of these contacts. He is convinced that the current cultural identity of Silesia, apart from Polish, German and Moravian factors, was also influenced by the achievements of ancient Roman culture. The author is aware of how many divergent views exist as to the ethnic affiliation of the inhabitants of Silesia in the first centuries of the Roman Empire. Probably at that time the representatives of various ethnic groups lived there, forming a union of tribes controlling the Аmber route. Numerous findings, especially the so-called Roman imports indicate that a number of Roman goods reached them - just recall a beautiful silver cup with plant and animal motifs from the 1st century AD found in Gosławice (today the part of Opole). The nature of Roman-Silesian contacts was influenced by the geo - political situation of peoples living between them. There was a time when Marcus Aurelius wanted to create two new provinces, Marcomanniа and Sarmatia. However, that did not happen. The Marcomannic Wars caused that trade relations in today's Silesia decreased and gave way to the political ones, as evidenced by the furnishings of the magnificent graves from Zakrzów (now the part of Wroclaw). Summing up, from the 1st century BC to the 5th century AD, the lands of today's Silesia were under strong influence of imperium romanum, initially most of all economic, later more political.

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THE LAW OF ROMAN EGYPT

Author(s): Sanja M. Gligić / Language(s): English Issue: 2/2022

Unlike Roman Law, Egyptian Law can be learned from individual legal documents. Since no written Egyptian Law and fact that a little has been preserved from a collection of laws (i.e., „Hermopolis Legal Code“), scholars traditionally get knowledge about Egyptian Law from contracts, deeds, family archives, judgments, wills and accounts of criminal trials. The special problem is the fact that the study of Egyptian Law is further complicated by pre-created dogmatic ideas about the superiority of Roman Law and jurisprudence. However, at the moment when Egypt became a Roman province, the Egyptian Law was applied in practice (which already took a lot from Greek Law at that moment) and at the same time the influence of Roman law began to be noticed.

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LE DROIT FÉTIAL ET BELLUM IUSTUM DANS LE CONTEXTE DES GUERRES DACO-ROMAINES ET DE LA POLITIQUE IMPÉRIALE ROMAINE D’ANNEXION DES PROVINCES

Author(s): Teodor Sambrian / Language(s): French Issue: 2/2022

The existence of the Roman State, from its foundation to its disappearance, was disrupted by short interruptions, under the sign of the god Mars, war being an essential element of Roman society. Under these conditions, among the multitude of priestly colleges that operated in Rome since the most ancient times, the College of Fetiales had a particular importance from a political and institutional point of view. Its attributions were mainly related to the declaration of war and the monitoring of treaties concluded by Rome with other nations. The subject covered in this article is structured in the following sections: the supposedly controversial origin of the College of Fetiales; the content and nature of fetial law; the legal-religious rituals of the declaration of war; the adaptation of fetial law to the imperial status of the Roman State; the concept of „bellum iustum“ in the wars waged for the conquest of Dacia and its transformation into a Roman province; some thoughts on the Roman concept of bellum iustum piumque in the contemporary world.

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THE DACIAN WAX TABLETS (TABULAE CERATAE) FROM ALBURNUS MAIOR: A PROVINCIAL TESTIMONY OF THE RELIABILITY OF METROPOLITAN LAW

Author(s): Valerius M. Ciucă,Bob Mircea Dan / Language(s): English Issue: 2/2022

Dacia was, between 106 and 275 AD a Roman province , known under the surname of Dacia Felix. Our contribution takes advantage on a circumstance, at least as happy as the province was considered to be: the existence of the wax tablets of Alburnus Maior (nowadays Roșia Montană, in Alba County, Romania . Also known as Triptychs, some are valuable sources of historical and legal informations, while others simply record scenes of social life. Uncovered between 1786 and 1855 out of the former provincial golden mines, they are a priceless account of the way locals transplanted the Roman Classical Law. In fact, this very direct application of Roman Law in the Dacia province was, among other Transylvanian epigraphic testimonies , also demonstrated by these waxed tablets (tabulae ceratae Alburnense ). Those juridically relevant were studied by Romanian legal historians such as Ion Peretz, Ion Baltariu , Vladimir Hanga . Our purpose here is to give a brief account on how the vulgarisation of Roman Classical Law took place in this part of the Empire.

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ADMINISTRATION OF THE ROMAN PROVINCE DACIA

Author(s): Maria Albu / Language(s): English Issue: 2/2022

At the time of the conquest of Dacia, Rome was in terms of the form of government, in the phase of the Principate, the era inaugurated by Octavian Augustus. In terms of territory, Rome ruled a vast territory stretching from England to the Middle East and from Gaul to Egypt. Immediately after the conquest, Dacia entered the process of administrative, economic and military integration, as provided by the rules of Roman public law. According to these rules, it was organized as a separate province, with its own administrative, military and fiscal authority.

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SERBIA ROMAN PROVINCE. NIŠ IMPERIAL CITY

Author(s): Marija Ignjatović / Language(s): English Issue: 2/2022

Ancient Niš, better known as Naisus, was a developed settlement with a certain population that tended to grow over time. Historical sources say that the city had the status of a Roman municipality, which means that it had a very organized system of life. The size of ancient Naisus has not yet been fully determined, but considering the existence of the suburban part of Mediana, as well as the widespread villas around Mediana, it can be said that it occupied a good part of the Niš basin, crossed by the river Nišava as the main and largest watercourse in that region and that as an impregnable military stronghold, it was an important economic and cultural center of the Roman Empire. Naisus occupied a central position in the Roman province of Upper Moesia, which spread over the territory of today's Serbia. The original military fortification was created in the last decades of the 1st century BC on the right bank of Nišava and was the center of the various tribes: Dardanians, the Thracians and, briefly, on two occasions, the Celts, whose homeland is distant Gaul. A new period in the history and life of Naisus began at the beginning of the 4th century AD with the arrival of Constantine on the throne of the Roman Empire, the Roman emperor, one of the historical rulers who completely redirected the future of not only Christian Europe, but also the civilization known to us today.

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ROMAN LAW AND THE SERBIAN MEDIEVAL STATE

Author(s): Nebojša Ranđelović / Language(s): English Issue: 2/2022

The geographical space of the development of the Serbian medieval state was part of the origin and development of Roman law. The Serbian medieval state and its law would inevitably be created on the basis of the Byzantine tradition. The Byzantine Empire itself was the Eastern Roman Empire both by tradition and by all the features of society, state, law, and even by name. Its law and state organization, adapted to the new social relations and feudal order, were not negations, but a continuation of the Russian state-legal tradition. In such an environment, the Serbian medieval society and the Serbian state developed on the foundations of this tradition, incorporating their customary law into it. Serbian medieval legislation, rounded off by Dušan's Code, is a material witness to the aforementioned postulates.

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RELATIONSHIP BETWEEN INNOVATION AND FINANCIAL PERFORMANCE IN THE GLOBAL ENVIRONMENT OF EXPORTING COMPANIES

Author(s): Arben Jusufi / Language(s): English Issue: 2/2023

This research aimed to measure the impact of innovations (product innovation, technological innovation, marketing innovation, and process innovations) on the financial performance of exporting enterprises. It was based on return on assets (ROA), increase in return on sales, net profit, and increases in value per employee. The research was carried out based on primary data through the quantitative method. The study's participants were 150 Kosovo exporting companies selected randomly. Based on Pearson’s correlation analysis, it was found that there is a weak positive linear relationship between organizational innovations and product innovation, and financial performance. Additionally, a moderate positive linear relationship exists between marketing innovations, process innovations, and financial performance. Referring to the multiple linear regression, it was revealed that innovations explain 46.7% of financial performance. Process and marketing innovation had the greatest impact on financial performance, while organizational innovation had a lesser impact. The findings of this research contribute to improving the financial performance of exporting companies in Kosovo, focusing on the type of innovation that most influences performance.

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LEVERAGING EMPLOYEE ENGAGEMENT FOR COMPETITIVE ADVANTAGE: SATISFACTION AND WORK MOTIVATION MANAGEMENT

Author(s): Faruk Ahmeti / Language(s): English Issue: 2/2023

Companies must continually adapt to technological advancements to gain a competitive edge and enhance performance. Active employee engagement plays a crucial role in achieving and improving performance, necessitating promoting motivation and job satisfaction. This study explores the relationship between motivation, job satisfaction, and employee performance, with employee engagement as a mediator. Specifically, the research focuses on Information Technology (IT) companies in Kosovo and various locations across the European Union involved in different projects. The sample for this study comprises 112 respondents selected through convenient sampling. The research model is analyzed using Partial Least Square (PLS) analysis with SmartPLS 3.0 software. The empirical findings indicate that motivation positively influences employees’ engagement and performance in various IT positions. However, job satisfaction has no direct impact or exerts a relatively low influence. Nonetheless, employee engagement significantly enhances employee performance by mediating the effects of motivation and job satisfaction. The research findings have significant managerial implications, emphasizing the importance of actively promoting motivation, innovation, and job satisfaction to increase employee involvement and achieve desired outcomes.

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EVALUATION OF THE PRINCIPLE OF TAX FAIRNESS IN THE TAX ON INCOME OF NATURAL PERSONS IN THE REPUBLIC OF NORTH MACEDONIA

Author(s): Sejdefa Dzafche / Language(s): English Issue: 2/2023

The paper analyzed the development stages in the taxation of the income of natural persons in the Republic of North Macedonia through the prism of their compliance with the theoretical approaches in regulating the matter of income taxation. For this purpose, the initial stage of this research was the review of the impact of frequent amendments to the regulatory framework (relevant legislation) on the realization of the principles of vertical and horizontal justice. In the analysis of the normative-legal framework, the primary focus was the regulation’s influence on the realization of the principle of justice in taxation in the legal system of the Republic of North Macedonia (RNM). Additionally, the teleological method was used to identify the level of realization of the goals and functions of the RNM tax system. In that context, the effects of income taxation on the redistributive function were analyzed. The basic hypothesis from which the paper starts is that the frequent changes and modifications in income taxation concepts resulted in violating social-political principles in taxation. The research results indicate an inconsistency in the development of the system of income taxation of natural persons in RNM, which leads to a violation of the vertical and horizontal justice and the redistributive function of the income tax.

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Wybrane współczesne problemy jednostek samorządu terytorialnego w Polsce w latach 2018–2022

Author(s): Iwona Ładysz / Language(s): Polish Issue: 2/2023

Local government, as an extremely important element of the political system of the state’s political system, carries out public tasks not reserved by law for other organs of public authority. To this end, the state secures the possibility of implementation of tasks by the local government, providing it with a balanced system of finances and the appropriate distribution of sources of income, allowing the implementation of assigned tasks. Today, the challenges facing local self-government are different than just a few years ago. In recent years, the biggest problem has been effectively dealing with the effects of pandemics, restrictions on economic activity, the need to help war refugees from Ukraine, etc. Therefore, it is important to analyze on an ongoing basis to what extent the public finance system is transparent and allows them to effectively support local and regional development at the social, economic and spatial levels. The article presents an assessment of the financial situation of local government units in Poland in 2018-2022 based on selected financial indicators. Such a time frame coincides with the extended term of local governments and allows for comparing data from the years preceding the pandemic and the outbreak of war in Ukraine and looking at the situation's impact on the subsequent years of local government units. The article presents the main issues of own income, property expenditures and operating results of local government units at all levels. The data source for analyzing the relationship between the outbreak of the COVID-19 pandemic and the war in Ukraine and the financial situation of local government units in Poland is the database of the Local Data Bank of the Central Statistical Office.

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THE PARADOX OF ASEAN WAY IN MARINE PLASTIC POLLUTION: THE CHALLENGE OF COMPLIANCE AMONG MEMBER STATES

Author(s): Ria Wierma Putri,Febryani Sabatira / Language(s): English Issue: 3/2023

ASEAN countries are considered significant contributors to global pollution, particularly concerning marine plastic pollution (MPP), which has emerged as a critical concern in the region. To address this issue, ASEAN has established three specific instruments: the Bangkok Declaration on Combating Marine Debris in 2019, the ASEAN Framework of Action on Marine Debris 2019, and the ASEAN Regional Action Plan for Combating Marine Debris in the ASEAN Member States 2021-2025. However, being soft laws, these instruments lack legally binding force, allowing states to choose not to implement them effectively and promptly, leading to low compliance rates. The root cause of this compliance challenge lies in the ASEAN Way’s foundational principle, which promotes non-intervention, resulting in non-legally binding instruments. This raises genuine concerns about the potential inefficacy of implementing ASEAN instruments. Nonetheless, the issue of marine plastic pollution is considered a contemporary environmental catastrophe in the region, demanding Member States to prioritize compliance. Hence, this study delves into two key issues: (1) the ASEAN Way and compliance and (2) regional mechanisms to bolster Member States’ adherence in combating marine plastic pollution.

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Non-State Actors in Nation-State Cyber Operations

Author(s): Agata Małecka / Language(s): English Issue: 1/2024

Since cyberspace has become another dimension of state competition, the number of nation-state cyber operations has increased significantly. In the recent past, they were associated with cyber espionage (political and industrial), and this is still in use. Many of them have taken the form of ransomware attacks, blocking access to data. Over a period of several years, there were numerous instances of cyber operations aimed at manipulating the interpretation of information. These operations utilized social media to influence election outcomes in democratic political systems by shaping voter behavior. One of the biggest problems in the analysis of nation-state cyber operations is attribution. Nevertheless, the actors conducting cyber operations are becoming better known. One of them is a category of Advanced Persistent Threat (APT). The main aim of the article is to identify the direction of the development of nation-state cyber operations, which is increasingly determined by non-state actors’ behavior. This requires highlighting the implications in terms of international law and the security strategies used by specific states – in both cases, in the process of ongoing creation. The main research problem was defined as the following question: How do states use APT to conduct cyber operations, and what are and could be the effects of the APT activities (an attempt to identify the characteristics of contemporary and future nation-state cyber operations based on an analysis of nation-state cyber operations in recent years)? In order to achieve the defined goal, the author primarily used qualitative methods: content analysis – in particular, institutional analysis and statistical data analysis.

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LINGUA IURIS

Author(s): Stoyan P. Ivanov / Language(s): Bulgarian Issue: 1/2024

The article considers the language of law. Particular attention is paid to the position of Latin as a lingua iuris from Antiquity through the Middle Ages and Modern Times, as a main instrument outlining the legal principles and their conceptual systematization. The legal Latin terminology used today is examined in the light of the general development of law in Europe as a common and unified sustainable legal vocabulary in modern languages, that unites the different national legal systems and supports the concept that Roman law is ius commune, on which the European legal culture stands.

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Practicing Law for Students Through Legal Competitions

Author(s): Thao Le Thi,Thao Le Thi,Luong Doan Duc,Luong Doan Duc / Language(s): English Issue: 2/2024

The research identifies the increasing shift in legal education from theory-based curricula to practice-oriented methods, using competitions like moot courts, client consultations, and legal negotiations. The study combines qualitative and quantitative data through case studies, participant feedback, and experimental course designs to assess skill acquisition and student engagement. The research presents that legal competitions develop critical professional skills, such as oral advocacy, negotiation, and legal analysis, and foster resilience, teamwork, and effective communication. Moreover, structured coaching and preparation amplify these benefits, ensuring alignment with the needs of the professional legal community. The conclusion emphasizes integrating these competitions more formally into law curricula to balance theoretical and practical education, addressing gaps in traditional pedagogy while better preparing students for real-world human resources legal challenges.

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