"LA DAME À LA LICORNE"

Author(s): Paul Vasilescu / Language(s): Romanian / Issue: 1/2021

Globalization and being a part of the European legal bloc promised more zeal for the Romanian comparative study of law. This has not happened in the last decade, but it has not prevented the assertion of researchers passionate about the legal comparison. We review a particular work, essential and worthy of being remembered. 'Șapte dileme în teoria comparației' (Seven dilemmas in the comparative theory) is a collection of texts by Ms Raluca BERCEA focused on the comparative phenomenon, its categories, and its environment. Understanding law as a cultural phenomenon beyond the positivist horizon allows the author to attack the most challenging issues - the textual truth of the law, the mechanisms of comparativism and its methodology, the structure of comparative discourse, etc. Our invitation to read is justified by the quality of the writing and the richness of the ideas presented.

(Ne)osnovanost hegemonističkog maskuliniteta

Author(s): Ivan Dujić / Language(s): Serbian / Issue: 1175/2019

This paper is based on a brief comparative analysis of the dynamic development of society and state through the prism of hegemonic masculinity and gender inequality, disregarding the fact that politics and law promote and protect gender equality. the research aims to indicate that gender equality endeavours to dispute hegemonic masculinity as an irreplaceable basis for normative heterosexuality. One assumes that hegemonic masculinity is unfounded not only from a political and legal standpoint but also because it does not comply with the principles of the modern state. On the other hand, from an economic and sociological standpoint, hegemonic masculinity is well-founded which the paper hypothesis supports: hegemonic masculinity is a paradox because of its unwitting tendency to ignore politics, law and gender equality

6th Competition Law and Policy Conference in Memory of Dr. Vedran Šoljan – ‘Challenges to the Enforcement of Competition Rules in Central and Eastern Europe’ & ‘Competition Policy Enforcement in Digital Economy: Recent Developments’

Author(s): Vlatka Butorac Malnar,Jasminka Pecotić Kaufman / Language(s): English / Issue: 22/2020

The 6th Competition Law and Policy Conference in Memory of Dr. Vedran Šoljan, co-organised by the University of Zagreb – Faculty of Economics and Business (EFZG), the Croatian Competition Agency (AZTN), the Croatian Competition Law and Policy Association (HDPPTN) and the European Documentation Centre EFZG, was held in Zagreb on 12–13 December 2019. A conference devoted to competition law and policy developments in Croatia, the wider CEE region and the EU as a whole, started off in 2009 as a small scale event aimed at presenting the results of an EU merger control reform project, led initially by Professor Vedran Šoljan (University of Zagreb), and continued on by Professor Jasminka Pecotić Kaufman (University of Zagreb) after his untimely death in 2008. Eventually, the Conference evolved into a large-scale event, and a tribute to the late Professor Šoljan, gathering around 150 participants from Croatia and abroad.

A COMPARATIVE ANALYSIS OF COMPANY DIRECTORS’ ACCOUNTABILITY AND THE STATUTORY DUTY OF CARE, SKILL AND DILIGENCE IN SOUTH AFRICA AND ZIMBABWE

Author(s): Howard Chitimira,Friedrich Hamadziripi / Language(s): English / Issue: 2/2021

This article provides a comparative analysis of company directors’ accountability and the application of the duty of care, skill and diligence under the South African and Zimbabwean company law. Notably, Zimbabwe has recently partially codified company directors’ duty of care, skill and diligence for the first time in the Companies and Other Business Entities Act [Chapter 24:31] 4 of 2019 (COBE Act), which came into effect on 13 February 2020. On the other hand, the Companies Act 71 of 2008 (Companies Act 2008) of South Africa also partially codified company directors’ duty of care, skill and diligence and it came into effect on 1 May 2011. Consequently, South Africa has developed some good academic literature and jurisprudence on the duties of company directors for almost a decade. This is one of the reasons why South Africa’s Companies Act 2008 was chosen for a comparative analysis with Zimbabwe’s COBE Act on directors’ duties. Accordingly, the article discusses the gaps and flaws in the relevant company laws in South Africa and Zimbabwe in relation to the interpretation and application of the directors’ duty of care, skill and diligence. This is done to recommend some measures that could be adopted by the relevant regulatory bodies and companies to enhance their directors’ accountability in both jurisdictions.

A CRITICAL ANALYSIS OF ESTABLISHING THE JUDICIAL TRUTH

Author(s): Bogdan Bodea / Language(s): English / Issue: 3/2020

The article represents a brief analysis of the effectiveness of the judicial act by referring to the necessity of establishing a judicial truth. In establishing limits for the determination of judicial truth, the article examines the prevalence of the notion of rule of law, the rigor of applying the rules of procedural or material law, the implication of equity in judicial matters and the need to establish a correspondence between factual truth and judicial truth.

A REVIEW OF DEFENCE PRETRIAL DISCLOSURES WITHIN THE CASE MANAGEMENT THEORY OF CRIMINAL PROCEEDINGS IN GHANA

Author(s): Isidore Kwadwo Tufuor / Language(s): English / Issue: 43/2022

This article examines the concept of defense disclosures within the theory of managerialism in criminal proceedings in Ghana. Through a doctrinal and comparative legal analysis with the English jurisdiction, it finds that in substance, the requirement of defense disclosure seeks to move the criminal process from its core protectionist ideology that insulates the accused from matters of proof toward a managerial process informed by objectives of truth-finding, trial efficiency and case management. Ironically, this new direction in the criminal trial process is in practice denounced as being at odds with the procedural due process values that shield the accused from matters of proof and pretrial disclosures. The problem is that unlike in England where the move towards defense disclosures is informed by a clear policy change, the managerial policy introduced by the Judiciary in Ghana is not grounded in any articulated theory or policy direction. While pursuing a path of ensuring effective criminal adjudication through mutual disclosures by the parties, it is important to find a proper balance between the denounced but yet adopted procedural concept of defense disclosures and the highly valued protectionist rights of the accused.

A szerződés semmissége és megtámadhatósága a magyar és a román polgári törvénykönyvekben

Author(s): Zoltán József Fazakas / Language(s): Hungarian / Issue: 2/2021

The validity as an essential element of contract is the basis for achieving the economic purpose set out in in it. Without validity there is no legal way to enforce the contractual content. In addition to the identity of the theoretical foundations of the legal institution of validity, significant differences can be observed between Romanian and Hungarian law. Those differences justify the performance of a comparative legal study beside several other specific reasons. The first of the this special reasons is the cross-border economic relations and the Hungarian legal society in Romania, which can play a ‚bridge’ in this matter. The real need for professional co-operation between members of the same mother tongue lawyers results summaries of the conceptual issues based on comparative legal studies. For theoretical, scientific and practical purposes the study outlines the basic issues of the nullity and avoidance of a contract, the partly different basic positions of the two legal systems, the grounds for annulment and the legal consequences.

Activity forms of municipal authorities and prospects for its development in Ukraine

Author(s): P. A. Trachuk,Iryna Nesterova / Language(s): English / Issue: 155/2021

The authors attempt to explore the nature of local public authority, its sources of legitimacy, its types and forms. An idea of the constitutional and legal bases of the organization and activity of local public authorities and its bodies is given there. The existing systems of local self-government in different states are analyzed; attention is focused on the difference between the concepts of “self-government” and “management”. The problems of administrative reform in Ukraine in the context of globalization are analyzed there.

ADMINISTRATIVE ENFORCEMENT PROCEEDINGS FROM THE COMPARATIVE PERSPECTIVE OF LEGAL SYSTEM OF ISRAEL AND POLAND

Author(s): Jan Olszanowski / Language(s): English / Issue: 02/2018

In the most general meaning enforcement is the implementation, by the competent authorities, of the coercive measures with a view to obtaining the discharge of an obligation vis-à-vis a creditor on the legal base3. Carrying into effect of judicial decisions, as well as of other judicial or non-judicial enforceable titles in compliance with the law which compels the defendant to do, to refrain from doing or to pay what has been adjudged. Enforcement proceedings are a set of measures taken in connection with enforcement following the lodging of an enforcement application. Generally, two parties are involved in execution proceedings. One is defined by law as the winner or creditor. The other party is defined as the debtor. The most important in enforcement proceedings is to balance between the protection of the rights of debtor and the effectiveness of the proceedings, which is connected with the rights of creditor. This is the consequence of the range of rights of debtor and the catalogue of enforcement measures which may be implement in enforcement proceedings.

Administrative Law and Public Administration in the Global Social System

Author(s): / Language(s): English

This volume contains the scientific papers presented at the 3rd International Conference “Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective” that was held on 9 October 2020 online on Zoom. The conference is organized every year by the Society of Juridical and Administrative Sciences together with the Faculty of Law of the Bucharest University of Economic Studies. More information about the conference can be found on the official website: www.alpaconference.ro. The scientific studies included in this volume are grouped into two chapters: Administrative Law in the Global Social System and Public Administration in the Global Social System. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of administrative law and public administration at international and national level.

ADVISORY OPINION AND PRELIMINARY RULING PROCEDURE – A COMPARATIVE AND CONTEXTUAL NOTE

Author(s): Marija Daka / Language(s): English / Issue: 3-4/2020

The apropos of this article is Additional Protocol No. 16 complementing to the European Convention on Protection of Human Rights and Fundamental Freedoms that recently came into force. This paper presents the main common and differing elements of two non-contentious procedures before supranational courts. The advisory opinion procedure of European Court of Human Rights (ECtHR) and the preliminary ruling procedure marked by unprecedented success before the Court of Justice of the European Union, -as at least prima facie- similar types of proceedings. The paper also analyses cross-cutting issues arising from the application of both procedures in the same case arising before designated national court or tribunal. Although the purpose of the advisory opinion is to achieve and maintain efficiency bearing in mind that the ECtHR is victim of its own success the paper outlines some of serious doubts and assumptions whether in current format and in foreseeable future this purpose will be achieved. Furthermore, the paper also takes a closer look at the procedural aspects of the first advisory opinion delivered by ECtHR given its importance as we can draw at least some conclusions on the functioning of this type of procedure. Lastly, the paper -in comparative spirit- also refers to the relationship of the ECHR and the European Union Law as the two main trustees within the European multilevel system of rights protection.

AFGHANISTAN UNDER TALIBAN: A NEW REGIME POSES A THREAT TO INTERNATIONAL STABILITY

Author(s): Valeri Modebadze / Language(s): English / Issue: 1/2022

The purpose of this study was to see whether the Taliban regime poses a threat to the international community. The research primarily examined the threats that the formation of a theocratic regime in Afghanistan poses to neighboring countries and the international community. With regards to research methods, a document analysis method was used to obtain valid information and to analyze and describe the complex situation in Afghanistan. A wide array of documents and scholarly articles were analyzed to obtain reliable and objective information. This research revealed that the Taliban has not changed at all and still rules Afghanistan with medieval methods and strategies. Since the Taliban takeover of Afghanistan, the economic situation has deteriorated considerably and people face severe hardship. Therefore, hundreds of thousands of Afghans want to leave their homeland and migrate to the West. The Taliban violates constantly human rights and discriminates against women, ethnic and religious minorities. The Taliban has transformed Afghanistan into a narco-state. Neighboring countries fear that Afghanistan might become a hotbed of terrorism and extremism again.

Afrykański pomór świń i interwencyjny odstrzał dzika – podstawy prawa unijnego i krajowego

Author(s): Magdalena Sitek / Language(s): Polish / Issue: 44/2019

The ASF virus has been spreading among wild boars for over a decade in several European countries, including Poland. As a result, there are quite numerous infections among domestic pigs as well. Therefore, numerous EU and Member State regulations have been published in this respect and a biosecurity procedure has been introduced. One of its elements is to hunt wild boars in areas vulnerable to the ASF virus. The increase in the number of infections among wild boars and the appearance of numerous outbreaks of this disease among pigs prompted the Polish authorities to allow a significant increase in the amount of wild boar hunting. This decision aroused debate on the legitimacy of such a solution. The purpose of this study is to analyse the provisions of EU and Polish law regarding the legitimacy of an increase in the amount of wild boar hunting in Poland.

Amendments to transfer pricing regulations since 2019 – selected issues

Author(s): Miłosz Kłosowiak / Language(s): English / Issue: 28 (4)/2019

The aim of this paper is to describe the changes in the law that have taken place in the area of transfer pricing regulations starting 1 January 2019. First, the essence of the legal structure of transfer prices is presented. Then, the changes in the reclassification and omission of transactions for the purpose of transfer pricing, the catalogue of transfer price estimation and verification methods, and simplified settlement rules and changes in transfer pricing documentation are specified. The research method used in this research consists in analysis of legal acts using the literature on the subject. Based on the analysis, it may be concluded that, on the one hand, changes in the law were aimed at removing administrative burdens from taxpayers which the legislature considered unnecessary and, on the other hand, the scope of powers of tax authorities was extended and the potential severity of tax sanctions was increased.

An Outline on the Right to Water in the EU System

Author(s): Francesco Anastasi / Language(s): English / Issue: 1/2020

Water is a fundamental resource for the birth, development of human civilization. The right to water is one of those rights that transcends and embraces the whole history of man and society. However, in our contemporary society the right to water seems something new, almost a post-modern innovation. Research at European level has taken up the challenge and the scientific water community is committed to rapidly developing and transferring management solutions that make our cities more liveable and the negative pressures on the availability of good quality water for uses increasingly irrelevant potable and civil. In this context it is important to develop a regulatory and legislative approach that does not settle for damage-repair dynamics but an approach aimed at prevention and planning directed towards two contexts: procurement and recycling-reuse.

Analele Științifice ale Universităţii Alexandru Ioan Cuza din Iași, seria Ştiinţe Juridice

Frequency: 2 issues / Country: Romania

Scientific Annals of Alexandru Ioan Cuza University of Iași, Juridical Sciences Series, is a publication with tradition in the field of legal sciences.

The Journal includes research work of teachers, visiting professors, researchers and PhD students from the Faculty of Law of Alexandru Ioan Cuza University of Iasi.

Annals of Alexandru Ioan Cuza, Juridical Sciences Series contain analysis of specific issues of law, subscribed to the four cardinal points of legal taxonomy - Public Law, Criminal Law and Criminal Sciences, Private Law, International and European law - dubbed the reviews and comments of jurisprudence.

ANTE ROMAC – DRAGOMIR STOJČEVIĆ AND THE FOUNDATION OF YUGOSLAV ROMANISTICS

Author(s): Nebojsa Randjelovic,Sara Mitic / Language(s): English / Issue: 2/2020

Ante Romac and Dragomir Stojčević, one a professor at the University of Zagreb and the other a professor at the University of Belgrade, have left a mark on a time period with their work, and implanted their opus into the foundations of romanistics on Yugoslav territory. Their scholarly opus was big, and their cooperation fruitful. With all the greatness of their opus, it is worth particularly highlighting their joint work on a collection of rules and sentences of the Roman law in Latin Dicta et regulae iuris and the famous monograph by professor Romac Dictionary of Roman Law. By means of a specific scholarly approach with explanations and a specific methodology of presenting and defining the institute of Roman law, these books have become a classic of Yugoslav romanistics.

Appointment of constitutional judges. A comparative law perspective

Author(s): Marieta Safta / Language(s): English / Publication Year: 0

Given the role of constitutional courts essentially expressed by the idea of guarantors of the supremacy of the Constitution, the independence of these courts is crucial for a genuine democracy. In this context, the appointment of constitutional judges is a topic for debate by academia and legal practitioners, on the one hand, and politicians, on the other hand. Foreshadowing a broader analysis of the issue of the independence of constitutional courts in the Kelsenian model, this Communication addresses the issue of the appointment of constitutional judges, with special reference to the European frame of reference. Taking into account the rather heterogeneous nature of the regulations are highlighted elements that will ensure to a large extent the desideratum of independence and public trust in constitutional justice. For a clearer identification of these elements, the analysis is structured in the sense of the distinct presentation of the authorities that make the appointment of constitutional judges, the procedures of appointment, and the necessary conditions for the position of constitutional judge. The conclusions section proposes a set of good practices regarding the appointment of constitutional judges.

Approach towards the right to be forgotten under Turkish law in comparison with EU and US laws: a need for a reform?

Author(s): Oytun Canyaş,Aslı Bayata Canyaş / Language(s): English / Issue: 2/2021

This study firstly analyses the general approaches of EU and US laws to the right to be forgotten. Then, basing on the right to be forgotten, a variety of dimensions from comparative law, court practice, doctrinal views and different legal sub-branches are considered from the aspect of Turkish law. Although there is no specific provision on the right to be forgotten in Turkish law, the right has been subject to doctrinal discussions from different perspectives. It is also referred to in court judgments, specifically when an individual wishes to erase certain news, data, etc. from the digital and/or non-digital archive so they can make a fresh start to a new life. Granting that person the right to be forgotten is in terms of protecting personality rights and privacy while acknowledging that these interests may compete with rights to press freedom and freedom of expression. After scrutinising the doctrinal view and court judgments, this study concludes that considering Turkish law, certain provisions should be enacted on the right to be forgotten to ensure uniform interpretation and clarify the definition and conditions of application.

ARBITER OF THE ROMAN ARBITRATION PROCEDURE

Author(s): Ivan Milotić / Language(s): English / Issue: 2/2020

Unclear distinctions between arbiter and iudex and thereby the difficulties and inconsistencies of understanding accurately the legal nature of arbiter in Roman law were primarily conditioned by the vague differentiation between arbitration and court procedure per formulas. The legal sources indicate that the precise meaning of an arbiter could be reached only from case to case analysis because it seems that this term and institute signified only a basic concept or an idea, or even a common denominator of a wide spectrum of decision makers that dealt with disputes differently than the iudex in court procedure. In different localities, disputes, among different disputants and on the grounds of different arbitration arrangement an arbiter receive substantially diverse meanings, roles and functions. Moreover, at least sometimes even the Romans themselves might use the terms iudex and arbiter indiscriminately. The problem did not go unnoticed by the scholars who study Roman law and was to some extent elaborated and clarified which provides better understanding of this specific procedural phenomena, but still requires the ongoing work and analyses of the legal sources. Although the Romans used the term arbiter to denote more a universal concept than a complex role and function of an individual decision maker in an actual case, the term and the specific language referring to him, as well as the differentiation between more types of arbitri, survived in late antiquity and were transferred to the Middle Ages and the procedural treaties of the time.