We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
Legal coherence and predictable decision-making are the cornerstones of Finnish administrative law. The aim of this research is to analyze the factors that make administrative decisions unpredictable in Finland today. Why is the challenge so significant for the authorities? The factor analysis revealed six main features affecting predictability in the legal regulation of Finnish public governance: the increasing use of soft law, the devolution of government, deregulation, the changing role of the individual, the blurring of the division between the public and the private sector and the influence of international and EU-law.
More...
Between the 26-27 October 2018, at the initiative of the “Dunărea de Jos” University of Galaţi, the Association of Scientific Researchers in the field of International and European Law (Italy) and the “Acad. Andrei Rădulescu” Legal Research Institute of the Romanian Academy, at the headquarters of the “Ugo Spirito e Renzo di Felice” Foundation in Rome, was held the international colloquium “Romania and Italy. The common culture of the memory of the past 100 years. Memory and identity in the Romanian-Italian dialogue: symbolic spaces, legal, historical and philosophical issues”; the event was dedicated to the Centenary of the Great Union of 1918 – the most important historic moment of the Romanian people. In the scientific papers and interventions held on the occasion, various important aspects of the Romanian-Italian relations were approached.
More...
The study aims to highlight the main norms regarding the institution of the punishment (penalty), as provided in the Constitutions of the Member States of the European Union, with reference to the constitutional articles, accompanied by brief clarifications where deemed necessary. The paper is preceded by a brief analysis of the corresponding institution in the Romanian Constitution, with reference to the relevant domestic legislation.
More...
The aim of this paper is to make a comparison on the way in which it is regulated in Romania and in France the RIA – Regulatory Impact Assessment instrument. The analysis is starting for the assumption of the European Commission that "better regulation is about designing EU policies and laws so that they achieve their objectives at minimum cost". An instrument in achieving this goal is the RIA, which it was introduced and used not only for the EU administration, but also, as required by the European Commission, at the EU member states level. Through the comparison research method used in this paper it is expected to understand the way in which the two countries designed their legal framework for implementing the RIA instrument. By doing this, it could be observed if the two states subject to the analysis achieved one of the goals for having better regulation.
More...
Sustainable growth and job creation in European countries depend increasingly more excellence and innovation, which are the drivers of European competitiveness. Clusters are a phenomenon mainly focused on the market. Most successful clusters are created spontaneously as a result of natural competitive advantages, market forces or simply by chance. However, due to the policies established clusters in the Member States there is a growing number of cases where public policy on long-term initiatives economic entities or universities and research institutes senior allowed the emergence of clusters powerful acting as a catalyst and helping to unleash the economic and scientific certain regions.
More...
U ovom radu, autor naglašava ograničenja i prepreke slobodnom kretanju radnika unutar Europske unije. Sloboda kretanja radnika utemeljena člankom 45. Ugovora o funkcioniranju Europske unije jedna je od temeljnih sloboda unutarnjeg tržišta čiji se osnovni princip najbolje ogleda u europskom zakonodavstvu i sudskoj praksi Europskog suda pravde i Suda Europske unije. Iako je sloboda kretanja radnika jedna od temeljnih sloboda u pravu Europske Unije, njena se realizacija u praksi još uvijek susreće s različitim spornim pitanjima,preprekama i ograničenjima. Država članica može građaninu Unije uskratiti pravo na ulazak ili boravak zbog razloga povezanih s javnim poretkom, javnom sigurnosti ili javnim zdravljem, a takve mjere moraju biti utemeljene na osobnom ponašanju pojedinca, čije ponašanje ozbiljno ugrožava određeni temeljni državni interes države članice. Unatoč velikom napretku koji je Europska unija postigla na ovom području, još uvijek postoje mnoge prepreke koje uglavnom vežemo uz socijalno osiguranje, oporezivanje te priznavanje diploma i stručnih kvalifikacija.
More...
The EU is a construction based upon international treaties which function as its very foundation. Therefore, all its competencies are derived from these founding treaties that are the result of the sovereign will of its member states. None provision of the treaties confers Competence-Competence to the Union. As the most crucial element of sovereignty the Competence-Competence is still placed in the member states. Beside this fact, the member states have the sovereign right to withdraw from the Union and the Lisbon Treaty provisions contain, for the first time, a prescribed formal withdrawal procedure. The EU also lacks of a common European nation that could be the democratic legitimation of a EU constitution. Because of that we can not speak of an existing EU constitution, but rather of pre-constitutional forms. Although there is much debate about the very same character of the EU, analyzing the Lisbon Treaty, we can reveal the significant intergovernmental character of the EU without an unconditional and absolute supremacy of the EU Law over national law of the member states, as it would be in a federation.
More...
The purpose of this paper is to show modus operandi of money laundering used in Bosnia and Herzegovina and in other parts of the world. From these examples, we can recognize the sectors and intermediaries through which the money is laundered, although the full scale of actual methods, intermediaries, and countries remain unknown. The techniques of money laundering are constantly changing, due to the fact that criminals use different ways to hide the illegal origin of the money, using the weaknesses of certain sectors within different countries. Additionally, what makes it even more difficult is the fact that money laundering as an activity is constantly evolving, while those laundering the money keep discovering new ways to avoid, not only the activities of law enforcement agencies in charge of money laundering prevention and investigation, but also the unison legislative and regulatory approach of governments and international community in prevention and investigation of money laundering.
More...
Disputes settlement arising from transactions with private-elements is complex issue that is particularly concerned with the theory of Private International Law. In addition to the conflict of laws, transactions with foreign element inevitably lead to conflicts of jurisdiction of the courts of various states in the settlement of disputes (conflict of jurisdictions). One of the basic principles of international relations is the principle of national sovereignty. Accordingly,each sovereign state could subjected to competencies of their bodies any cases before them, including those that are factually related to foreign countries. In doing so, the character and factual connections with foreign sovereignty are not essential. Such a concept of jurisdiction, states generally do not practice. For international business transactions, the way of resolving disputes is very important. Arbitration to settle disputes is one of the specificities of modern private legal relations with a foreign element. They are often used in practice. As an alternative means of dispute resolution in practice, arbitration is proved to be more efficient for the parties to the dispute, and this method of dispute resolution in contemporary private transactions are increasingly used in our legal system.
More...
The study deals with the reforms of the administrative judiciary in Hungary from the 1880s to the present day. The main part of the considerations is the analysis of the first Hungarian codification of administrative court proceedings – Act No. I of 2017 on administrative court proceedings, which is the result of only partially implemented intention of the legislator aimed at creating an administrative judiciary separate from the common judiciary, equipped with its own procedure and institutions. These plans have not been fully implemented to this day – judicial control of the administration (both before and now) has remained in the hands of common courts, and the 2017 Act retained the status of an act only partially independent of the Code of Civil Procedure, as in many the procedural law, the act refers to the provisions of the Code of Civil Procedure. Currently, judicial control of administration in Hungary is exercised by courts of two instances: in the first instance, they are adjudicated by either provincial courts by administrative chambers or, in cases provided for by law, by the Curia. The Curia adjudicates in second instance and on all matters of revision.
More...
The aim of the article is to present the basic assumptions of the reforms of the Polish administrative judiciary. The planned and implemented reforms concerned both the model of administrative judiciary system, as well as the model of adjudication and rules of procedure before administrative courts. The analysis of the implemented solutions, starting from the period of the Second Polish Republic, made it possible to formulate a thesis that the administrative judiciary was subject to evolutionary (developmental) reforms. The article mainly concerns systemic issues, as the creation of a separate, independent, two-instance administrative judiciary was a priority postulate for reforms initiated after Poland regained independence, which appeared in later reform proposals. As the analysis shows, this postulate was fully implemented after the entry into force of the Constitution of the Republic of Poland of 1997.
More...
Jus est ars boni et aequi. When one thinks about the social phenomenon we now call the justice system, one will probably remember instantaneously this phrase. However, the concept has known hundreds of interpretations, bases on a proportionally larger number of values. These values have varied from society to society, from one age to another. If one excepts that such notions are constantly evolving, while preserving a rather solid core, than, in this day and age, one would expect to receive a clearer definition for the idea of justice, at least from the study of the modern schools of legal thought. The aim of this paper is to find the possible meanings that justice receives in today's European legal systems. It has been structured in three parts, meant to highlight and than harmonise the main plans of this research. The first section is dedicated to finding the main understandings of the notion of justice, as they are presented in the manuals of legal doctrine. The second section seeks the meanings of the same concept in the constitutional documents of 48 countries, pointing out the emerging patterns. The third and last section analysis the possible meanings of the notion if justice in the findings of the first two sections.
More...
This essay explores the extent to which Lawrence v. Texas provides constitutional support for same-sex marriage. The Introduction gives an overview of the paper, presents the relevant details in Lawrence, and points to the two defenses in favor of decriminalizing homosexual conduct in Lawrence: a fundamental right to privacy and equal protection. In §1, I make the caveat that a legitimate state interest or rational basis could be invoked to uphold the constitutionality of a statute even when that statute may questionably be opposed to the fundamental right to privacy or to unqualified equal protection. When such a legitimate state interest cannot be provided, the fundamental right to privacy, as construed in constitutional law, protects US citizens from both state and federal interference in their private lives. §2 analyzes the fundamental right to privacy, and whether its invocation in Lawrence can be extended to defend same-sex marriage. I argue there are two construals of the fundamental right to privacy, a spatial construal, protecting citizens against unwarranted searches and use of evidence obtained unlawfully, and a decisional construal, according to which privacy is conceived of as individual autonomy with respect to those decisions that affect the core of an individual's life, including decisions regarding intimate, enduring relationships. In §3 I argue that, on its decisional construal, the fundamental right to pr ivacy conceptualized in Lawrence not only can, but should be invoked in favor of same-sex marriage. §4 answers an objection according to which the individual's fundamental right to privacy provides constitutional support for at most private relationships, not for marriage. §5 answers an objection according to which the right to privacy constitutionally supports only civil partnerships, and not marriage.
More...
Drawing up marriage contracts in order to achieve the autonomy of the parties with regard to property relations in marriage in the period after the entry into force of the Austrian General Civil Code has become a common practice. A very detailed normative framework for the regulation of individual institutes of marital law left enough space to regulate property relations between spouses in accordance with their requirements and with the purpose of preserving the economic interests of the family and each partner. In the period in which a man took over the function of managing marital property, and the position of a married woman was marked by patterns of desirable behaviour, a number of property dispositions were recorded with the purpose of strengthening a woman’s position in society during marriage, but also securing her status in the case of termination of marriage. Guided by the idea of modernizing the social position of women in the period after the entry into force of the Austrian Civil Code, the basic purpose of this research is to determine the position of women in terms of property rights acquired on the basis of private legal documents. This refers to the institutes included in the content of marriage contracts preserved in the State Archives in Osijek and the effects of wills, which often contained marriage provisions, but also those wills whose creators often sought to provide property protection for poor women by establishing foundations. Available documents come from different legal areas of urban (Osijek) and rural (Baranja) areas, which makes them a valuable material for a comparative analysis of various issues, from applicable law to the effects of its application. Therefore, this research uses a legal-historical method and a comparison of the obtained results to try to determine the effects of marriage law and the impact of contractual dispositions on the economic and legal strengthening of the position of women in the society in the second half of the 19th century.
More...
The article reveals the problem of Ukrainian and foreign state symbols criminal law protection considering domestic and world practice. The relevant norms of criminal laws of the Russian Empire, USSR and Poland, which were in force in the Ukrainian lands in the XIX–XX centuries, have been examined. An analysis of domestic judicial practice in criminal cases related to the abuse of state symbols has been done. It has been illustrated that Ukrainian law enforcement agencies do not always correctly determine the nature of this crime. That is due to the lack of constitutional laws enshrining the system of state symbols of Ukraine, as well as gaps in legal regulation, in particular in the aspect of criminal protection of the European Union flag as membership in this organization is a strategic foreign policy priority of Ukraine. Inter alia, the erroneous legal treatment of individuals’ actions during the protest which took place near the President’s Office on March 20, 2021 as an insult to the State Emblem has been emphasized. The authors also considered solutions of the problem within the framework of a particular legal system – in criminal law of the United States, Germany, France, Spain, Iceland, the United Arab Emirates, Uzbekistan, Japan and other countries. The scientific novelty of this investigation, among other things, is in the examination of both retrospective and prospects of legal responsibility for disrespect of the State language, which is necessary to establish according to the Constitutional Court’s decision on the validity of the Law of Ukraine “On ensuring the functioning of the Ukrainian language as the state language”. However, the authors are inclined to think that this issue should be regulated by administrative law, given the experience of some post-Soviet states. Proposals for amendments to the Criminal Code of Ukraine have been made.
More...
Following an indolent harmonization process in the area of direct taxation, the Court of Justice of the European Union (CJEU) largely undertook the mission to evaluate the compliance of national legislation with the principles of the Internal Market. In this process of negative integration, Member States have increasingly introduced novel justifications meant to counterbalance the application of the fundamental freedoms enshrined in the founding Treaties. This paper mainly focuses on Court of Justice’s rulings where various tax-specific justifications were employed under the “public interest” umbrella. Under the Court’s expansive and hesitant approaches, lies a large network of interrelated arguments, ranging from the need to preserve a coherent tax system to the imperative of preventing tax avoidance. The aim of this paper is to provide a contextual account of these justifications and comment on the suitability of their future usage.
More...
Our title is also a reference to the fact that European civilisation in Ibero-America, in thesetwo former colonial powers, represented a specific Portuguese-Spanish cultural tradition,imbued with Catholicism, an ideological, missionary evangelisation, crowned by the use ofeconomic coercion.Centuries of coexistence have given birth to an Ibero-American legal culture that hasevolved from the wars of independence in the 19th century to the present day, and which,while it may have its own particularities from country to country, can be seen as a coherentwhole in terms of its foundations and main components. It is another question entirelywhether, within this structure, we can point out where Ibero (or Hispanic) culture ends andnative (Indian) culture begins, from the point of view of, say, customary law. This aspect ofthe indigenous question began to have an impact on the unfolding of native (indigenous)peoples' movements around the 1992 bicentennial and then, in the 2000s, its thematisation,especially in Bolivia. Among blacks, the continuation of African traditions is not expressed incustomary law, but in the world of religion, superstition, nature spirits and creatures, rites,ceremonies, bird feathers, emblems, wood carvings, etc.
More...
The role of whistleblowers is important in a democratic society, in terms of implementing the postulate of transparency in public life, and for verifying the functioning of public institutions and persons discharging public functions. For many years, the European Union has encouraged the Member States to introduce such regulations. The research objective of the article is to evaluate Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of EU law in terms of the effectiveness and adequacy of the proposed solutions. Appropriate standards ensuring their protection constitute an important element enabling the realization of the freedom of expression and the right of access to information. The research is based on the legal dogmatic method. The article singles out and analyses the elements of an effective whistleblower protection system and performs a critical analysis of Directive 2019/1937 in terms of meeting these conditions. Undoubtedly, both the creation of a minimum level of protection at the EU level and the horizontal approach covering sectors, public as well as private, should be positively assessed. However, the Directive leaves some gaps for the national legislator, the fulfilment of which depends on the actual effectiveness of the solutions proposed in it.
More...
The legal framework of the medical activity has evolved during the course of European law history together with the social and economic significance if these activities. In this paper, using predominantly the historical research method, we will examine some fundamental waypoints regarding the organization as legal persons of the institutions carrying out medical activities, which we generically call hospitals. Taking as a departure point the Roman era, we will discuss, using the modern optics in regard to the fundamental characteristics of a legal entity (own estate, discrete framework and specific purpose)the evolution of these legal persons with a medical purpose. Due to the limited extent of this paper, we will limit ourselves to the European legal space and to only a few of the significant evolutions in regard to the medical institutions with a legal personality.
More...