INTERACTION OF THE COURTS OF UKRAINE AND THE CONSTITUTIONAL COURT IN THE APPLICATION OF THE CONSTITUTION OF UKRAINE AS AN ACT OF DIRECT EFFECT

Author(s): Oleh HOLIEV / Language(s): English Issue: 2/2022

The article examines the peculiarities of the interaction between the ordinary courts and the Constitutional Court of Ukraine since the adoption of the Constitution of Ukraine. The author tries to establish the characteristic features of this interaction during different periods. The specificity of the constitutional transformations over the past almost 30 years allowed us to divide the development of relations between these subjects into two periods. The first - since the adoption of the Constitution of Ukraine in 1996, which for the first time in Ukraine enshrined the principle of direct effect of the Constitution and established a new system of organisation of state power on the basis of its division into legislative, executive and judicial in accordance with the principles of the rule of law, respect for human rights and constitutional democracy. This period lasted until September 30, 2016, when the reform of justice began in Ukraine, which continues to these days. Based on the results of the research, the author proposes ways to improve the mechanism of the interaction between the ordinary courts and the Constitutional Court, which aim to ensure the effective application of the Constitution of Ukraine as an act of direct effect.

Юриспруденция. Решение на СЕС по дело C‑344/14

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 1/2025

Здравно-информационен юридически справочник 01.11.2024-31.01.2025 г.

Author(s): Lilia Monova-Asenova,Veska Gergova / Language(s): Bulgarian Issue: 1/2025

MERITUM I RAZUMIJEVANJE ODLUKE USTAVNOG SUDA BIH U-23-14

Author(s): Ivan Vukoja,Valentino Grbavac,Ivan Pepić / Language(s): Croatian Issue: 1/2018

The following article highlights the key parts of the Ljubić case and describes its merits and meaning. It can be a guide design a new electoral code. In sum, the ruling makes clear that: 1) The current election law violates the rights of the Constituent Peoples to elect their legitimate representatives, as enshrined in BiH’s Constitution, as the current election law has created a system that enabled for the representatives of the Constituent Peoples to the Federation House of the Peoples to be elected without being the legitimate representatives of the Constituent People. 2) The right of the Constituent People to elect their legitimate representatives also applies to all other state institutions that were designed to protect the rights of the Constituent People, including the House of Peoples of BiH and the three-member Presidency of BiH. 3) Members of one Constituent Peoples must be able to elect their legitimate representatives by themselves, without any interference by the members of the other two Constituent Peoples. 4) One vote within each of the electoral units (in the case of the House of Peoples of the Parliament of the FBiH, within each of the three constituent peoples and the Others) must have equal value.

UGOVORNO ZASTUPANJE U PARNIČNOME POSTUPKU

Author(s): Branka Hrkać / Language(s): Croatian Issue: 2/2020

The paper analyses the instance of the authorised person in a lawsuit through the Civil Procedure Law of the Federation of Bosnia and Herzegovina. The authorized person is a contracting representative of the client. The permission about representing is gained on the basis of a contract, so we can talk here about contracting representation. The paper analyses the specific occurences of particular legal provisions that determine who can be the authorised person in a lawsuit according to the amended provisions of the lawsuit.

OBRADA MEĐUNARODNIH ŠTETA U IZVANSUDSKOME POSTUPKU: Usporedna analiza Sustava zelene karte i Sustava IV. direktive i potreba za temeljitim promjenama

Author(s): Jasmina Đokić,Antonija Marić,Ana Martinović / Language(s): Croatian Issue: 1/2024

The paper examines the challenges involved in processing claims arising from civil non-contractual liability for damages caused by motor vehicles, especially when the legal relationship for compensation has an international dimension. For several decades, protecting victims of cross-border road traffic accidents has posed significant challenges at both international and European levels. To enhance victim protection, two systems for handling international claims have been established and operate concurrently: The Green Card System and the Protection of Visitors System (IV. Directive). The authors explore the fundamental characteristics and procedural rules of both systems, their strengths and weaknesses, and show how the existence of different mechanisms for resolving cross-border claims impacts the rights of the claimants. Given the relevance and complexity of this topic, the focus of this paper is limited to the processing of claims in out-of-court procedures, excluding matters related to judicial proceedings. Finally, the authors consider whether there are opportunities to improve the current regulatory framework to better protect victims of traffic accidents with an international element.

UDALJENJE IZ SLUŽBE POLICIJSKIH SLUŽBENIKA U PRAVU REPUBLIKE HRVATSKE

Author(s): Damir Juras,Hrvoje Boban / Language(s): Croatian Issue: 1/2024

In addition to stating the position of legal doctrine and judicial practice as well as provisions of comparative regulations, the paper presents and analyses the institution of police officers’ removal from service under the law of the Republic of Croatia. In the introductory part of the paper, a police officer concepts and removal from service are defined. Additionally, general features of suspension are stated. In the central part of the paper, the authors deal separately with the types of removal from service: mandatory, optional and automatic; a procedure of removal from service, its duration, legal remedies in the procedure of removal from service, salary compensation during the removal from service, the costs of legal representation of a suspended officer, and conditions for removing from service of a police officer who has the status of a union commissioner. The authors’ conclusion is that here we deal with a legal institution wherewith the interests of the service are protected, and disciplinary or criminal proceedings prevented. The authors propose to enable the Disciplinary Court to decide on the validity of a decision on removal from service, or on adoption of a decision on removal from service during the disciplinary proceedings, to stipulate expressively by the law that consent of Trade Union is not required for removal from service of a union commissioner, regardless of whether this suspension is related to disciplinary or criminal proceedings, to delete the existing provision of Collective Agreement for civil servants and state employees on necessary consent of Trade Union when removing from office a union commissioner against whom criminal proceedings have been initiated

CLAUZELE ABUZIVE PRIVIND DOBÂNDA VARIABILĂ ÎN CAZUL PUBLICĂRII INDICELUI DE REFERINȚĂ PRINTR‑UN ACT ADMINISTRATIV

Author(s): Juanita Goicovici / Language(s): Romanian Issue: 4/2024

The article addresses the invalidation of the unfair terms regarding the variable interest rates from credit agreements, in the hypotheses of the publication of the reference index by an administrative act, while valorizing the transparency requirements in the pre-contractual relationships that are incumbent on the professional creditor. Emphasizing the arguments contoured in the recitals of the CJEU decision of December 12th, 2024 in case C-300/23, Kutxabank, we concluded that the failure to communicate to the debtor the information relating to the adjustment of the interest rate by reference to a negative margin opens the door to the elimination of unfair terms, despite the fact that the term at issue refers to an official benchmark, the details of which were published in an administrative act.

OBJECTIVE JUSTIFICATIONS IN ARTICLE 102 TFEU CASES

Author(s): Laura Lazăr,Ioan Lazăr / Language(s): English Issue: 4/2024

Objective justifications in EU competition law refer to legal defences invoked by undertakings to justify behaviour that would otherwise be considered anticompetitive under EU competition rules. In the context of the provisions of art. 102 TFEU, these justifications provide exceptions to the general prohibition of abuse of dominance, permitting companies to engage in activities deemed necessary to achieve legitimate business objectives or serve the public interest. Objective justifications are pivotal in ensuring fair competition within the European Single Market, particularly under Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). While Article 101 TFEU contains an exemption clause, the concept of objective justification in the context of Article 102 TFEU has been developed by the Courts.The entry explores the significance, application, and limitations of objective justifications within the framework of Article 102 TFEU, focusing on key defences, such as: efficiency gains, objective necessity, public interest, legitimate business behaviour.The assessment of objective justifications involves a case-by-case analysis, considering factors such as the conduct's effects on competition, consumer welfare and the fulfilment of a proportionality test. Objective justifications play a crucial role in balancing the enforcement of Article 102 TFEU with the need to allow dominant firms to engage in legitimate business activities. By providing a framework for defending certain conduct, objective justifications ensure that the application of EU competition law remains fair and focused on protecting competition rather than punishing dominance.

L’INTERRUPTION DE LA PRESCRIPTION EN DROIT PÉNAL ROUMAIN : L’ÉVOLUTION DE LA JURISPRUDENCE ET SES IMPLICATIONS

Author(s): Adrian Gabriel Corpădean,Mihaela Adriana Oprescu / Language(s): French Issue: 39/2025

This article presents an analysis of the evolution of the legal framework regarding the interruption of the prescription period for criminal liability under article 155 of the Romanian Criminal Code. It presents key decisions of the Constitutional Court (CCR), the legislative response through Government Order n° 71/2022, the subsequent case law of the High Court of Cassation and Justice (HCCJ), and the impact of the subsequent judgment of the Court of Justice of the European Union (CJEU). The discussion highlights how these decisions have reshaped the legal landscape regarding procedural acts and prescription, as well as the resulting inconsistencies in national case law.

Obligație de plată asumată printr-un angajament de plată. Natura juridică a înscrisului și efectele juridice care decurg din aceasta

Author(s): Viorel Terzea / Language(s): Romanian Issue: 04/2025

The section contains a selection of the most important decisions from the Romanian Courts. The decisions are selected and commented by authors. The emphasis of this section resides in the ability of each author to comment upon a relevant case-law and to comment upon the legal issue brought by the court. The decisions are summarized and grouped by law subjects. The decisions present the situation in question, the procedures, the arguments brought by the parties and the pronounced solutions. Each decision contains a short commentary relating to the legal issue analyzed by the court.

Contract de achiziție publică. Înlocuirea tehnologiei de execuție a lucrărilor fără acordul beneficiarului

Author(s): Ramona Cîrlig / Language(s): Romanian Issue: 04/2025

The section contains a selection of the most important decisions from the Romanian Courts. The decisions are selected and commented by authors. The emphasis of this section resides in the ability of each author to comment upon a relevant case-law and to comment upon the legal issue brought by the court. The decisions are summarized and grouped by law subjects. The decisions present the situation in question, the procedures, the arguments brought by the parties and the pronounced solutions. Each decision contains a short commentary relating to the legal issue analyzed by the court.

Omiterea soluționării unei cereri. Omiterea soluționării unei excepții procesuale. Distincții și observații

Author(s): Radu-Mihai Necula / Language(s): Romanian Issue: 04/2025

The section contains a selection of the most important decisions from the Romanian Courts. The decisions are selected and commented by authors. The emphasis of this section resides in the ability of each author to comment upon a relevant case-law and to comment upon the legal issue brought by the court. The decisions are summarized and grouped by law subjects. The decisions present the situation in question, the procedures, the arguments brought by the parties and the pronounced solutions. Each decision contains a short commentary relating to the legal issue analyzed by the court.

Renunțarea la judecată în recurs și motivul de recurs prin care se critică faptul că instanța de fond nu a luat act de renunțarea la judecată formulată în fața instanței de fond. Distincții

Author(s): Radu-Mihai Necula / Language(s): Romanian Issue: 04/2025

The section contains a selection of the most important decisions from the Romanian Courts. The decisions are selected and commented by authors. The emphasis of this section resides in the ability of each author to comment upon a relevant case-law and to comment upon the legal issue brought by the court. The decisions are summarized and grouped by law subjects. The decisions present the situation in question, the procedures, the arguments brought by the parties and the pronounced solutions. Each decision contains a short commentary relating to the legal issue analyzed by the court.

Majorarea valorii obiectului cererii de chemare în judecată. Stabilirea taxei judiciare de timbru suplimentare. Observații

Author(s): Radu-Mihai Necula / Language(s): Romanian Issue: 04/2025

The section contains a selection of the most important decisions from the Romanian Courts. The decisions are selected and commented by authors. The emphasis of this section resides in the ability of each author to comment upon a relevant case-law and to comment upon the legal issue brought by the court. The decisions are summarized and grouped by law subjects. The decisions present the situation in question, the procedures, the arguments brought by the parties and the pronounced solutions. Each decision contains a short commentary relating to the legal issue analyzed by the court.

Observații privind investigarea ultrajului comis asupra personalului silvic învestit cu exercițiul autorității publice

Author(s): Andrei Năstase / Language(s): Romanian Issue: 4/2024

Romanian legislation criminalizes the act of outrage committed against forestry personnel vested with the exercise of public authority, according to art. 257, para. 4 C. pen. The legislative provision is relatively new, being introduced by Law no. 8/2022. This paper aims to analyze a series of aspects related to the forensic investigation that should be carried out in the event of the commission of such an act. A forensic investigation in the case of an outrage against forestry personnel vested with the exercise of public authority is complex and involves several stages and components. These are essential for clarifying the facts, identifying the perpetrator and for pronouncing a legal solution. An essential element of the investigation is establishing that the victim is indeed forestry personnel vested with the exercise of public authority.

Tactica efectuării testului poligraf în fața instanței de judecată în cazul infracțiunilor contra libertății și integrității sexuale

Author(s): Vasile Vidrighin,George-Cătălin Grosu / Language(s): Romanian Issue: 4/2024

This paper proposes an analysis of the use of the polygraph in the criminal procedures in the trial phase, specifically in the cases of crimes against sexual freedom and integrity. Known as the lie detector test, the polygraph serves as an investigative tool in assessing the accuracy of the statements of the suspect/defendant, but it does not have an absolute probative value, as it is necessary to corroborate the test results with other evidence. The study aims to analyze the steps to be followed, as well as the practical purpose of the results, with an emphasis on the importance of the moment when the testing takes place and on the actual way in which the questions should be asked to the people subjected to the test, so that the court has at hand a suitable tool to help her establish the judicial truth.

Конституционализация третейского разбирательства

Author(s): Sergey Anatolyevich Kurochkin / Language(s): Russian Issue: 3/2024

The number of arbitration cases handled by the Constitutional Court of the Russian Federation has steadily increased over the years. The evolution of social practices and judicial approaches to arbitration procedures has prompted the supreme body for judicial protection of the Russian Constitution to repeatedly review whether the legal concepts used to resolve civil disputes by arbitration courts and international commercial arbitrations align with the nation’s basic law. The outcome of this process is a set of legal principles that define the constitutional and judicial foundations of arbitration in Russia. The above trends have facilitated the use of the integrative concept of constitutionalism in arbitration. This study highlights the constitutionalization of both arbitration and its social application. From a standalone perspective, the problems of enhancing the constitutional and legal principles of arbitration were discussed, and the further progress of constitutionalism in Russian arbitration was predicted.

Институт возмещения вреда, причиненного Федеральной службой судебных приставов

Author(s): D. O. Nikolaev / Language(s): Russian Issue: 3/2024

The primary task of enforcement proceedings in civil cases is to ensure that court decisions are executed appropriately. Much of the responsibility to timely and effectively enforce court decisions falls on bailiffs. However, their behavior is not always legal. This article discusses the important issues of compensating for harm caused by the Russian Federal Bailiff Service. The legal regulations that apply to a bailiff’s actions or inactions were analyzed. The real legal cases were considered. The statistical data from the Judicial Department at the Supreme Court of the Russian Federation were summarized. Based on the results obtained, the procedural aspects of handling such cases in both general jurisdiction and arbitration courts were identified. Finally, the emphasis was placed on predicting the development of Russian legislation and procedures in compensation for harm caused by the public authorities, including the Russian Federal Bailiff Service. The enduring relevance of the studied issues for further advancement of legal science and practice was highlighted.

ДЕЙСТВИЕ НА КОЛЕКТИВНОДОГОВОРНИ КЛАУЗИ. НЯКОИ ПРОБЛЕМИ НА СЪДЕБНАТА ПРАКТИКА

Author(s): Radostina Ivanova / Language(s): Bulgarian Issue: 1/2024

The article examines issues regarding the effect of the collective labor agreement over time. It addresses issues resolved inconsistently in case law regarding the effect of an amendment to a collective labor agreement that enters into force before the moment of its conclusion. Discusses the preconditions that must be present in order for an amendment to regulate employment relations. Issues are raised concerning the effect of an amendment to a collective agreement which enters into force before the time of its conclusion and provides for less favourable conditions for the employees to whom it applies than those already agreed.