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COPYRIGHT AND DESIGN PROTECTION FOR UGLY THINGS UNDER THE ROMANIAN LAW WITHIN THE EUROPEAN UNION FRAMEWORK

Author(s): Nicoleta Rodica Dominte / Language(s): English Issue: 01/2014

The Berne Convention from 1886 and the Romanian copyright law do not use the word ugly as an impediment for copyright protection. We analyze the validity criteria, especially originality, in order to discover if an ugly literary, artistic or scientific work can be protected by law. Could ugliness have an influence on the concept of originality in terms of imposing a series of restrictions? Designs or works of applied art represent ornamental elements which are framed as beautiful. If these are ugly, will novelty and individual character be fulfilled? The answer lies in the law articles and in their interpretation. We will study the questions mentioned above through a comparative analysis of Romanian legislation, international conventions and European Union directives regarding copyright and designs, in order to discover if ugly things may be protected as Intellectual property law objects.

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THE LEGAL NATURE OF OVER-TAXATION OR SURCHARGING

Author(s): Florea Oprea / Language(s): English Issue: 03/2012

In this article, the author addresses the issue of the legal nature over taxation or surcharging within the national legislation of the European Union Member States, designing and comparing the various charges or taxes established under that name. To this effect, the analysis of certain similar notions such as the juridical or economic double taxation was sought, the author showing that over-taxation, unlike the latter, refers to additional tax on income acquired or assets owned by taxpayers who hold a privileged economic position. Comparative law and tax law of Romania regulate charges or levies like the “Robin Hood tax”, solidarity tax, wealth or property over-tax, over-tax on income from drug production.

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THOUGHTS ABOUT THE CONTRACT law IN COMPARISON OF HUNGARIAN AND CANADIAN LAW

Author(s): Zoltán Varga,Ádám Szeberényi / Language(s): English Issue: 1/2022

It is widely known that Hungarian and Canadian legal systems differ from each other in many ways, but people are generally not aware of the fact that there are striking similarities as well that can be derived from the development of ancient culture and traditions. Our research is seeking for answers to certain questions regarding different aspects of managing contracts – the creation, performance, amendment, and the termination. What can even be called a contract in Hungary and in Canada? What are the most common types of contracts in these countries? What are the governing rules and principles of the creation, performance, and termination of the agreements? The cultural differences and similarities affect the different stages of contracts even more than we might think.

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THE REGULATORY BACKGROUND OF AGE DISCRIMINATION

Author(s): Dóra Takács / Language(s): English Issue: 1/2022

The aim of my research is to carry out a problem-focused examination of the employment law aspects of age-based discrimination, a topic less frequently addressed in Hungarian legal literature so far, thereby exploring the anomalies inherent in the legislation as well as the resulting practice. Such research can help in adapting effectively to the challenges posed by the demographic changes currently taking place in our society. The fight against discrimination requires, above all, a stable regulatory background, which I undertake to present in the framework of this paper. The majority of age-based anti-discrimination legislation are at supranational, primarily EU level; however, in the course of my analysis, naturally I will also deal with Hungarian legislation.

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NEW TRENDS IN EMPLOYMENT

Author(s): Dávid Adrián Máté / Language(s): English Issue: 1/2022

Receantly, we have been hearing more and more about changes in the area of employment. All of these changes stem from one thing, namely digital change. In the world of work, technical progress has brought many changes that have a greater or lesser impact on labor law regulation and the employment relationship. These effects changed the work tools and the place to work and much more. Digital devices and the Internet allow for the global flow of labor, bridging geographical distances. Teleworking is an increasingly common form of work. The digital space has opened up many new opportunities in the labor market, which employers and employees are trying to exploit in a variety of ways. One of the most significant manifestations of this is the emergence of platform work forms and crowdwork. These new variants well reflect the tendency of the parties to create increasingly different forms of employment in the field of employment. It can be concluded, therefore, that we can see another wave of the fact that actors in the world of work are increasingly looking for atypical employment relationships both inside and outside labor law. In the present work, I want to map possible directions for the future of labor law. Among other things, I am looking for an answer to the question, what effect do new types of work have on labor law regulation? Is there a need for labor law renewal? What trends are expected in the future? Expanding the scope of atypical employment relationships, strengthening classical labor law, or possibly examining beyond it to take a closer look at the role of labor law embedded in the digital world. The nature of the regulation and the relationship between the parties is increasingly determined by the flexibility that has an impact the employee protected elements.

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Cadrul juridic internaţional al exploatării porturilor maritime

Author(s): Marin Voicu / Language(s): Romanian Issue: 01/2011

Dans une économie mondiale, avec des stratégies d’intégration accrue des lignes de navigation dans les opérations portuaires, la position du port devrait être réglementée au niveau mondial, et le cadre juridique international en relation avec les opérations portuaires de quitter ou de stade embryonnaire.

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CONSTITUTIONAL DUTIES IN THE CENTRAL AND EAST EUROPEAN COUNTRIES: COMPARATIVE OVERVIEW OF THE PAST AND PRESEN

Author(s): Rafal Czachor / Language(s): English Issue: 1/2022

The duties, along with rights and freedoms, define the legal status of the person in the state. However, the scientific literature pays more attention to the rights and freedoms, since they are considered as more important. The following paper tackles the issue of constitutional duties in the Central and Eastern European (CEE) countries. The investigation has both qualitative and quantitative character and presents results in a comparative way, revealing simmilarities and differences in this matter. It reveals that the the CEE countries have modified their catalogues of the constitutional duties afterthe democratic breakthrough and currently are in line with the European standard in this matter.

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Seminarii, colocvii şi conferinţe

Author(s): Author Not Specified / Language(s): Romanian Issue: 02/2017

1. The European week of the maritime field, 27 February-3 March 2017, Brussels: “The future of the maritime transport in Europe”, 2. Trial: the maritime law and the judicial practices in France and in Belgium. Colloquium of comparative law, 5-7 October 2017, Aix-en-Provence, ADRI, 3. Law of maritime and port authorities – 500 years; Le Havre, colloquium, 26-27 October 2017, Le Havre University, France, 4. A more respectful maritime transport as compared to the environment, OMI-MEPC 71 Session, 3-7 July 2017, London, regarding the “Ballast water convention, 5. The blue growth is concentrated in Saint-Nazaire, colloquium, ISEMAR, 12 September 2017, Saint-Nazaire, France, 6. The European Union and the sea: 60 years after the Rome, Brest treaties, 23-24 November 2017.

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COMPARATIVE LAW ASPECTS REGARDING THE SPECIALIZED CENTRAL PUBLIC ADMINISTRATION

Author(s): Liliana Țurcan / Language(s): English Issue: 22/2021

This article constitutes a study dedicated to the specialized central public administration in various countries. The purpose of this article is to analyze the constitutional and legal rules of contemporary States relating to ministerial and extra-ministerial administration. The trends of development of the ministerial system are analyzed, as well as the basic factors determining the number of ministries, the organization and functioning of these public authorities. In addition, the principles of organizing the specialized central authorities and some of their specific features are examined.

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Responding to a Major Health Crisis: States of Exception and the Rule of Law. An Introduction

Author(s): Bianca Selejan-Gutan / Language(s): English Issue: 02/2021

Is the pandemic also a legal crisis? The present issue of the Romanian Journal of Comparative Law covers, from the perspective of comparative law, the most debated event in the last two years - the Covid-19 health crisis and the states’ legal response to this major challenge extended at worldwide scale. Out of the numerous problems raised by the fight against the effects of the pandemic, the articles collected in this issue focus on the consequences of the states of exception in some European countries on the rule of law in general and on fundamental rights protection in particular.

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НЯКОИ ТЕОРЕТИЧНИ ВЪЗГЛЕДИ ЗА ВРЪЗКАТА МЕЖДУ ПУБЛИЧНОТО И ЧАСТНОТО ПРАВО И ПРАВОТО НА СОБСТВЕНОСТ

Author(s): Lyuba Panayotova-Chalakova / Language(s): Bulgarian Issue: 1/2022

In the article, an attempt is made to examine the relationship between some legal phenomena, known since ancient times, with new phenomena, which society in recent years requires as legal regulation. Traditional and fundamental issues include the distinction between public and private property, which has an interesting connection with the division of public and private law in Ancient Rome. More recent issues include the confiscation of private property by public authorities through various means. But their legal system is based on thousands of years of history and different theoretical views. The research briefly outlines the historical foundations of the division of property into public and private, as well as the influence of its denial during certain periods for Bulgaria. An attempt is made to look in a new way at the time-required restoration of this division of property and the consequences for Bulgarian citizens of this return to the classics after the period of socialism. The article also comments on a number of works by well-established Bulgarian and foreign scientists that have a bearing on the topic.

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HOW DO THE EUROPEAN COMMISSION, MEMBER STATES AND CITIZENS INTERACT IN ENFORCING INTERNAL MARKET RULES?

Author(s): Oana-Mihaela Salomia / Language(s): English Issue: 2/2022

The Internal Market is the main element of European economic integration, the achievement of which was provided for in the Treaty establishing the European Economic Community (Rome, 1957). The implementation of the four fundamental freedoms of movement for the benefit of the citizens of the Member States was one of the major objectives of the Internal Market and led to the adoption of specific European rules, the respect of which is ensured by the Member States under the supervision of the European Commission. Currently, the Treaty on European Union mentions, among the Union objectives, the establishment of the Internal Market, and the Treaty on the Functioning of the European Union provides for the shared competence of the European Union with the Member States in the field of the Internal Market. The rules adopted at Union level for the achievement of the freedoms of movement must be implemented by the authorities of the Member States for the advantage of the citizens of the Member States and of undertakings. In the situation of non-compliance with these rules, the European Commission may bring the Member State concerned before the Court of Justice of the European Union. Thus, the completion of the Internal Market depends on the way in which the three actors interact - the European Commission, the Member States and the citizens according to their specific interests. In conclusion, the full completion of the Internal Market area requires a balanced and effective action carried out by the European Commission, the Member States and their citizens, based on a transparent and collaborative approach.

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EURO-ATLANTIC SECURITY AND THE ECONOMIC-FINANCIAL IMPLICATIONS OF THE CONFLICT IN UKRAINE

Author(s): Marian Dincă,Alexandru-Marian Dincă / Language(s): English Issue: 1/2022

Euro-Atlantic security has always been a priority in the international security environment, especially at the beginning of the 21st century, when mankind is facing a complex, dynamic and unpredictable security environment, one of profound economic and social imbalances. The conflict in Ukraine is, and will remain, a hot topic and the maximum interest because of its global political, social and economic-financial implications

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Principiul ne bis in idem în legislația internă și cea europeană

Author(s): Daniela Maria Czika / Language(s): Romanian Issue: 01/2022

The ne bis in idem principle is emerging as an indispensable rule in a democratic society in which the rules of criminal procedure and the conduct of criminal proceedings must strictly respect the rights and freedoms of the person, as enshrined in the European Convention of Human Rights. This principle expresses the rule that no person may be prosecuted or judged for an offense when a final criminal judgment has been handed down against that person, even under a different legal framework. The principle establishes the prohibition to subject a person to criminal prosecution, trial or punishment for an act for which he/she was sentenced at an earlier date. This principle is part of the criminal proceedings of the member states of the Council of Europe and is also adopted by our legal system.

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Considerații privind relația dintre protecția juridică a mediului înconjurător și dreptul noilor tehnologii

Author(s): Daniel - Mihail Şandru / Language(s): Romanian Issue: 3/2022

The research into the relationship between legal protection of the environment and the law of new technologies is necessary for the impact that such fundamental research has on practical activity. Different areas are analyzed, taking into account mainly: the Digital Agenda for Europe: opportunities for the environment, the analysis of art. 37, 7 and 8 of the Charter of Fundamental Rights of the European Union and the relevant provisions of the Council of Europe, tools for promoting environmental protection: Internet of Things (IoT), data protection, big data, location, tracking and other digital technologies used in environmental protection, access to data and open data in efforts to achieve a healthy environment, state-of-the-art technologies in the environment and data protection with a focus on automated decision-making and the precautionary principle, blockchain and environmental protection with a focus on data security, information protection and other current dimensions of the influence of Distributed Ledger Technologies (DLT), data pollution, privacy by design and environmental protection elements, artificial intelligence in environmental law: benefits and risks, „digital environment”: security and cloud. All these elements are essential for understanding the legal context for the two areas of reference.

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Vânzarea silită dintre două persoane impozabile și refuzul dreptului de deducere a TVA-ului achitat în amonte. Hotărârea CJUE în cauza C-227/21, UAB „HA.EN.”

Author(s): Diana Dănilescu,Mihaela Nuță / Language(s): Romanian Issue: 6/2022

Case C-227/21, UAB „HA.EN.”, was recently settled, in which the Court ruled on the denial of the right to deduct the input VAT for the purchase of an item of immovable property, which was acquired within a procedure of auction, from an insolvent taxable person who, due to his/her financial situation, did not pay the output VAT from the sale of the property to the state budget. In its considerations, the Court states that the provisions of the VAT Directive oppose a national practice which, in the context of the auction of a property between taxable persons, consists in denying the buyer the right to deduct the input VAT for the simple fact that he/her knew or should have known that the vendor was in financial difficulty and, consequently, that he/she would not pay or would not be able to pay the output VAT to the state budget. In this article we propose to present the importance of case C-227/21, UAB “HA.EN.”, and to analyse the new elements introduced by this Judgment compared to a case that seemed similar and that was settled by the Court last year, also emphasizing the concepts of tax fraud and abuse of rights.

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The Content of the Right to Repairs for Judicial Errors in Criminal Proceedings - Jurisprudential Influences (National and European)

Author(s): Denisa Barbu / Language(s): English Issue: 2/2022

This article aims to analyze the content of the right to redress for miscarriages of justice in criminal trials, under the influence of national and European jurisprudence. In this sense, we will formulate a comparative historical analysis, starting from the Code of Criminal Procedure Carol I, going through the provisions of the old Code of Criminal Procedure and finally stopping at the provisions of the current Code of Criminal Procedure. The purpose of this comparative-historical approach is to analyze the evolution of jurisprudence and internal doctrine under the impact of human rights theories. A considerable role in our analysis is represented by the jurisprudence of the ECtHR, which had a particular impact on the perception of the Romanian legislator regarding the content of the right to compensation for judicial errors that occur in criminal trials.

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Aspects of Cooperation in Detecting and Combating Tax Evasion Between the ANTI-Fraud Departament (DLAF) and the European Anti-Fraud Office (OLAF)

Author(s): Nadia-Cerasela Aniței,Roxana-Elena Lazăr / Language(s): English Issue: 1-2/2022

This article is dedicated to the collaboration of the Department for the Fight against Fraud (DLAF) as a national body responsible for detecting and combating tax evasion with the European Anti-Fraud Office, known as OLAF (French acronym - Office de Lutte Anti-Fraude). The paper will present: in the first point general notions about the two institutions; in the second point we will present the provisions of art. 23- art.31 of Law no. 61/2011 on the organisation and functioning of the Department for the Fight against Fraud (DLAF); in the third point we will present a series of actions related to European funds: PHARE, ISPA, SAPARD, POSDRU, EAFRD from the activity reports of the Department for the Fight against Fraud (DLAF).We will take into account the following regulations when drafting the article: Law no. 61/2011 on the organisation and functioning of the Department for the Fight against Fraud (DLAF), Government Decision no. 738/2011 approving the Regulation on the organisation and functioning of the Department for the Fight against Fraud and other regulations to which these regulations refer, Decision no. 1999/352 of 28 April 1999 of the European Commission establishing the European Anti-Fraud Office (OLAF).

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Reforming the Normative Frarmework of Public Function: Comparative View of Romanian and French Legislation

Author(s): Cristina Pătrașcu / Language(s): English Issue: 1-2/2022

The present article offers a brief analysis of the main juridical elements that shape the necessary framework for the organisation and coordination of public function in two administrative systems, namely Romania and France, as well as the most recent normative changes, objectives and accomplishments of public function reform in the two states. Explored mainly through qualitative methods (evaluation of specialized legislation and literature and the comparative approach), the complex topic of public function, and its newest evolutions in the countries under study, offers an interesting and rich field of research.Similarities and differences between the two reform processes and approaches have been highlighted, together with the results attained.

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EU Candidate Membership Status of Ukraine: Prospects for the Development of Environmental Legislation

Author(s): Ievgeniia М. Kopytsya,Sofiia O. Tryzno / Language(s): English Issue: 159/2022

The purpose of the article is to study the process of harmonization of the environmental legislation of Ukraine with EU acquis in connection with the acquisition of the EU candidate membership status. An analysis of the legal framework for the formation of EU environmental policy has been carried out. The main principles of the EU in the field of environmental protection are defined. The article examines the process of formation and the current state of compliance of the national environmental legislation with EU environmental acquis. The main principles of the EU in the field of environmental protection are defined. The current state of alignment of the domestic legal regulation in the sphere of environmental protection with the environmental law of the EU is analyzed. Priority areas where the adaptation of environmental legislation with the EU acquis are highlightened. It is substantiated that the adaptation of the EU environmental acquis has to be accompanied by administrative, financial and organizational measures, which should be implemented to ensure its implementation.

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