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The article examines the new realities in private and public sector organizations caused by the COVID-19 pandemic. The particular aspects are assessed from a substantive nature, taking into account the current emergency situation, as well as the related changes of a different kind. There is a strong focus on both the lessons and the prognoses of all this.
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The subject of this research is the impact of the Court of Justice of the European Union. The study reveals the multitude of areas in which the Court has been the catalyst of the evolution. The legal changes brought have both promoted fairness between European citizens and developed their fundamental rights. Although the European Union started from a purely economically oriented entity, it shows the translation of European visions and values into improved quality of life, as well as focusing on economic, social and political developments. The research shows the obstacles encountered by the Court and the imperfections of the decisions taken. However, it has to be recognized that even if the Court in some cases took on a risky assumption of competences and in other cases wanted to impose itself by unwillingly questioning the remaining sovereignty of the Member States, in the end the evolution is positive. The rulings of the Court of Justice of the European Union have generally had a positive effect both in the formation of today’s European Union and in the achieving objectives crystallized in this common European path of equity, prosperity and socio–economic development.
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The public interest in criminal proceedings is defined by the right to a fair trial, as well as the fundamental interest of the court in its own legitimacy to conduct criminal proceedings in a timely manner, without postponements, interruptions, or disruptions. One of the instruments for ensuring the public interest in this case is mandatory legal aid, the determination of the need for which is the prerogative of the court, based on the volume and complexity of the legal and factual circumstances of the case, which may go beyond the competence of even a legally qualified defendant.
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During the criminal investigation, it is often necessary to verify or clarify the statements made by witnesses, victims, suspects or accused about the events of the committed crime. Such verification is useful for the criminal investigation officer and the prosecutor investigating the case in order to be convinced of the real existence of some or other circumstances, factual circumstances at the crime scene that were stated during the hearing of the persons. Verification at the crime scene of the statements of the persons involved in the process is often accompanied by difficulties of an objective and subjective nature. However, the complex research of the subject of the procedures and tactical peculiarities of the act of verification at the crime scene of the statements of the persons involved in the trial has a major theoretical and practical importance — fact that outlined the object of our research. Thus, the given study is focused on these fundamental issues, within which the theoretical suggestions and practical recommendations for the application of criminal procedural norms and proposals for amending criminal procedural legislation are aimed at optimizing activities in the field and essentially strengthening procedural guarantees in the case of persons involved in the orbit of the criminal trial.
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The institution of the termination of the criminal process during the criminal case trial had a difficult historical development. However, experts believe that the modern system of grounds for the termination of the criminal process is incomplete and contradictory. Termination of the criminal process is a decision of the judge who, finding the presence of one of the legal circumstances, stops the proceedings and releases the accused person from criminal responsibility, having different effects depending on the basis applied. The grounds for the termination of the criminal process are provided in the Code of Criminal Procedure of the Republic of Moldova, applicable both in the preliminary hearings and after the examination of the case on the merits. This often applied legal institution requires more detailed regulations to avoid unclear interpretations, providing time and resource saving benefits for both the accused and law enforcement.
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This article is dedicated to the object of the crime of hooliganism. It contains a summary about the different outlooks on the object of crime in general as well as the object of hooliganism in particular. Besides the theoretical views on the matter, this article provides a more thorough examination of the question of whether the existing definition of the object of crime hooliganism is adequate in the current criminal law reality and whether certain amendments in the overall understanding are needed. In the end, it suggests a new definition of the object of the crime of hooliganism which brings more clarity to the matter by minimizing the element of abstraction in the current exposition.
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Inexpediency is a reason for the annulment of the administrative act when the same is challenged in an administrative procedure before the immediately superior administrative body. We can talk about the expediency of the administrative act only when the act is issued under the conditions of operational autonomy. In legal reality, the addressees of administrative acts rarely contest their expediency. The reason for this is that the expediency of the administrative act cannot be challenged in a court of law, but only in an administrative one, and that before an administrative body in the same state structure as the issuer of the act, which leads to a lack of objectivity and impartiality in the exercise of administrative authority control for the expediency of the administrative act. In addition, despite its legal importance, the legal framework of this legal institute is extremely scarce, which makes it difficult for its proper application by the administration. It is necessary to distinguish between the expediency of administrative acts, their inconsistency with the purpose of the law, and the principle of proportionality, although all three institutes have many similarities.
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This article aims to highlight the importance of the principle of proportionality as a basic principle in the administrative process. Through its prism, it examines the issues related to the acts of administrative bodies issued under conditions of operational autonomy, as well as under bound competence. It focuses on the administrative control and judicial supervision of these acts, analyzing their limits and legal consequences.
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The article examines the main differences between witness testimony in arbitration and in civil litigation. The main distinctions between testimony in public and private litigation stem from the fact that arbitration proceedings are much more informal and therefore lack many of the limitations associated with the admissibility of witness statements. The lack of formality in arbitration proceedings predetermines the procedure for gathering witness statements, which, unlike that in civil litigation, can be admitted in the form of written testimony.
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This report aims to analyze the current situation regarding the lack of rights of common-law partners in the case of inherited pensions. It examines the institution of marriage, the trends related to non-marital relationships, the need for change, and the consequences to which the conservatism of the Insurance Law leads.
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Hotărârea Curții din 23 noiembrie 2023, cauza C-532/22, având ca obiect o cerere de decizie preliminară formulată în temeiul art. 267 TFUE de C.A. Cluj (România), prin decizia din 3 iunie 2022, în procedura D.G.R.F.P. Cluj-Napoca, A.J.F.P. Cluj împotriva Westside Unicat SRL/ Hotărârea Curții din 16 noiembrie 2023, cauza C-391/22, având ca obiect o cerere de decizie preliminară formulată în temeiul art. 267 TFUE de Pécsi Törvényszék (Curtea din Pécs, Ungaria), prin decizia din 7 iunie 2022, în procedura Tüke Busz Közösségi Közlekedési Zrt. c. Nemzeti Adó-és Vámhivatal Fellebbviteli Igazgatósága/ Hotărârea Curții din 16 noiembrie 2023, cauza C-349/22, având ca obiect o cerere de decizie preliminară formulată în temeiul art. 267 TFUE de Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa – CAAD) [Tribunalul Arbitral Fiscal (Centrul de Arbitraj Administrativ – CAAD, Portugalia)], prin decizia din 23 mai 2022, în procedura NM c. Autoridade Tributária e Aduaneira/ Hotărârea Curții din 21 decembrie 2023, cauza C-288/22, având ca obiect o cerere de decizie preliminară formulată în temeiul art. 267 TFUE de tribunal d’arrondissement de Luxembourg (Tribunalul Districtual din Luxemburg, Luxemburg), prin decizia din 26 aprilie 2022, în procedura TP c. Administration de l’enregistrement, des domaines et de la TVA/ Hotărârea Curții din 21 decembrie 2023, cauza C-96/22, având ca obiect o cerere de decizie preliminară formulată în temeiul art. 267 TFUE de Supremo Tribunal Administrativo (Curtea Administrativă Supremă, Portugalia), prin decizia din 12 ianuarie 2022, în procedura CDIL – Companhia de Distribuição Integral Logística Portugal S.A. c. Autoridade Tributária e Aduaneira/ Ordonanța Curții din 1 decembrie 2023, cauza C-574/22, având ca obiect o cerere de decizie preliminară formulată în temeiul art. 267 TFUE de Sofiyski gradski sad (Tribunalul orașului Sofia, Bulgaria), prin decizia din 12 iulie 2022, în procedura penală contra CI, VF, DY, cu participarea: Sofiyska gradska prokuratura/
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The judgment in the Albert Collée case is a fine example of the Court’s subtle and balance interpretation of the Sixth Directive. The common system of value added tax is characterized by the principle of neutrality, in order to avoid distorsions of the internal market and ensure that intra-Community transactions are only taxed once. Although the Sixth Directive recognizes certain prerogatives to Member States, such powers cannot go beyond what is necessary in order to ensure the proper collection of VAT. Therefore, if the risk of tax losses has been eliminated, the Court ruled there is no need to sanction the taxable person that completely eliminated such a threat.
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The text addresses the issue of pro-consensual activity of courts adjudicating in civil cases. It recognises that despite the introduction of the institution of mediation into the Polish legal system, courts are still bound by the directive contained in Article 10 of the Civil Procedure Code. According to this directive, they should strive to settle these cases amicably, which gives rise to certain procedural obligations on their part, not only informational ones.
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This article seeks to examine the countryʼs model of mandatory judicial mediation, which was declared unconstitutional even before the latter came into force. To this end, a comprehensive presentation of the normative framework through which judicial mediation was to be introduced is made and a detailed analysis of the arguments put forward by the Constitutional Court in its annulment is presented. Simultaneously, the text highlights some of the problems that have occured since the Court‘s repeal of the so-called „unified normative package“ introducing the procedure of judicial mediation, mainly focusing on the consequences of the selection of judicial mediators in the coun try, the damage that the latter may have suffered in the subsequent repeal of mandatory mediation and the judicial mediation centers established under the Judiciary Act at each district court. It also examines, the way in which compulsory judicial mediation was introduced and developed in Italy, which is unanimously perceived as a successful example for stimulating mediation development through legislative reforms. In conclusion, this article makes some suggestions on the form that a possible mandatory mediation model could take in some national court proceedings.
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The study is a commentary on the unpublished sentence of c. Skworc of 19 March 2016. It discusses in detail the structure of the sentence: the course of the case as well as legal and factual motives. The sentence is an example of the application of the norms of the briefer matrimonial process before a bishop in Polish jurisprudence. The present study is based on the author’s own research – an analysis of the files of Polish ecclesiastical courts – to illustrate the number of sentences declaring the nullity of marriage in a briefer process due to total simulation (can. 1101 § 2 of the Code of Canon Law). The purpose of this commentary, due to the lack of similar studies in Polish, is to assist the representatives of the ecclesiastical judiciary in Poland in the application of the norms of the briefer matrimonial process before the bishop.
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In certain categories of criminal offences, it is necessary for the judicial authority conducting the criminal proceedings to call upon expert evidence to establish and judge them correctly. A clergyman, with his special knowledge of his religion, objects and places of worship and veneration, can be of considerable assistance to the trial authority in establishing the facts relevant to the determination of such a case. However, his procedural role is only to share his special knowledge with the judicial authority and other participants in the criminal proceedings (primarily the parties to the proceedings). In Polish criminal proceedings, an expert may be any person (except for the clergy) who is known to have relevant knowledge in a particular field. The subject of the analysis is the participation of a clergyman in the role of an expert in Polish criminal proceedings, the question of his appointment to this procedural role, the requirements as to the subject and scope of his opinion and its aposterior evaluation as evidence from a personal source.
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This article aims to highlight the evidence administered in the fiscal procedure by reference to the jurisprudence of the Court of Justice of the European Union. Considering the directions drawn by the CJEU, we propose to analyze the key aspects in the matter of evidence with reference to the stage prior to the trial phase. The purpose of this research is represented by the importance of the perspective of the European court in this matter, taking into account the effect of the CJEU decisions in national law.
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