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The section contains a selection of the most important decisions of the European Court of Human Rights. The decisions are summarized and the legislation invoked by the applicants, the rights allegedly violated, the Chamber and the pronounced solutions are indicated.
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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.
More...Comentariu critic asupra Deciziei nr. 2147/17.04.2019
The comment on civil decision no. 2147/14.09.2019 targets the limited role of the court in the actions for stay against the decisions issued by the Competition Council and the breach of such limits.
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The section contains a selection of the most important decisions of the Romanian Constitutional Court. The decisions are summarized and grouped by law subjects. The Official Gazette in which the decisions have been published is indicated, as well as the contested legislation and the pronounced solutions.
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The section contains a selection of the most important decisions of the European Court of Human Rights. The decisions are summarized and the legislation invoked by the applicants, the rights allegedly violated, the Chamber and the pronounced solutions are indicated.
More...
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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I see in the decision in the criminal case no. 196/F on 07.10.2019 before the Court of Appeal in Bucharest – Criminal Section I, decision made by judge Mihaela Niță, a sign of the more general issues present in the Romanian criminal system. I argue that the preeminent role of the personal conviction of the judge gives the latter a great power that must be counterbalanced. Relying on a single judge in criminal trials goes against this principle. I explain why the Criminal Law is the strongest connection of the State with its totalitarian past. I discuss prescription, which allows inveterate criminals to elude criminal prosecution, the law-enforcement system and full punishments. I argue for the advantages of the adversarial system, as opposed to the inquisitorial system, which has been used in all the instances of political retaliation. Regarding the motivation of the judge, I find it irrational to take into consideration the paltry and the insignificant as aims for a legal norm. The arguments of the judge hurts unnecessarily the feelings of those close to Gheorghe Ursu, and her value judgments seem extracted from the legal ideology built up during communism.
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Article 39 of the Polish Civil Code was amended on March 1, 2019. One of the changes brought in by the amendment is the sanction of suspended ineffectiveness of a contract concluded on behalf of a legal entity without or outside the mandate of representation, which applicable until the contract is confirmed or until a given contract confirmation date. As far as legal persons of religious organizations are concerned, the admissibility and effectiveness of confirming such defective legal actions may raise serious doubts in many cases. The internal law of a religious organization often fails to clearly indicate a body competent for confirming defective declarations of will. Controversies over the effectiveness of such confirmations also arise in cases when the institutional norms of legal persons of religious organization permit only acts of cooperation between subjects participating in developing their internal will before a contract is concluded. In some cases, it will be impossible to supply the missing acts of cooperation due to the shape of relevant competence norms. In addition, when the internal law of a religious organization includes the sanction of contract ineffectiveness, there arises a conflict between the two legal systems – state law and internal law of a religious organization.
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Religious organizations in Poland can be financed through donations. The donor may benefit from a tax relief for making a donation. In a special way, the donor may benefit from a tax relief for making a donation for church charity and welfare activities conducted by church legal entities. The normative basis for this kind of tax reliefs are the laws on the relation between the state and individual religious organizations, and not tax laws. However, according to the provisions, several conditions have to be fulfilled for the tax relief in question to be claimed. A church legal entity to which a donation has been made shall issue a receipt to the donor and shall submit a report on the use of the donation for charitable and protective purposes within two years of receiving a donation. In addition, according to the tax regulations, the amount of a donation should be confirmed by a relevant bank statement. In practice, the fulfilment of these conditions gives rise to many difficulties. This is evidenced by the rich case law of the Supreme Administrative Court, especially regarding the question of a report on spending a given donation on church charity and welfare activities.The case law of Supreme Administrative Court clarifies the concept of the report under discussion. However, as the practice has shown, it seems that these explanations are still insufficient.
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The following research has the purpose to emphasize the importance of questions concerning retroactive effect of administrative acts in the light of the case law of the European Court of justice.
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The article provides a juxtaposition between criminal offences against the tax system,on one hand, and document crimes, document fraud and crimes against the management order,on the other. The similarities and the differences between the listed crimes have been analysed,while criteria for their differentiation have been specified
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Nowadays communication is necessary for the functioning of any organization in the public sphere. The purpose of the article is to reveal the importance of internal communications in public organizations and to present good practices for internal communication in the public administration sector.
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The article examines the legal framework of the employment contract in the French Labor Code and establishes numerous similarities with the Bulgarian law in terms of form, statutory content of the employment contract and the types of employment contracts, which similarities are conditioned from the proximity of both legislations as part of the continental legal system. At the same time, there are also differences, notably in terms of statutory working time and the increased protection of employees against discrimination, as well as the existence of legal rules to harmonize pay for men and women.
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The text of the article analyzes the concise text of the Bulgarian constitution, which assigns the Council of Ministers and the executive power with the task to secure the social order and national security, in this regard the article also makes an analogy with the discussed constitutional framework of the judicial system.
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