Responsibility to Protect and Human Security: Doctrines Destroying or Strengthening the Sovereignty?

Author(s): Jenna Uusitalo / Language(s): English Issue: 1/2018

Responsibility to protect (R2P) and human security are controversial doctrines which reflect the international politics rather than purely defend their original legal aims. Simultaneously both doctrines demonstrate the change in the international law and politics as well as challenge the classical perception of the sovereignty. Through the practical examples the present article illustrates how these doctrines are affecting to sovereignty and discusses some selected problems attached to the interventions applied under these principles. Essentially the article argues that, despite their noble ideology, doctrines of R2P and human security are too extensive to be applied coherently by the international community, but that they can nevertheless have potential to strengthen sovereignty.

The Construction of European identity in the Paradigm of Anthropocentrism and its Constitutionalization

Author(s): Volodymyr Denysov,Liudmyla Falalieieva / Language(s): English Issue: 1/2020

The research highlights the importance of European identity forming in the paradigm of anthropocentrism, reveals the nature, factors, mechanisms, peculiarities and problems related to this process. It is emphasized that the search for the most appropriate conceptual model for the construction of European identity is one of the important conditions for deepening the solidarity and unity of the peoples of Europe, the effective functioning of the European Union, the activation of European integration, the enhancement of synergies between supranational and intergovernmental components of integration processes. The practice of Ukraine on the constitutionalization of European identity and European integration, ie revision of the Constitution of Ukraine confirming the European identity of the Ukrainian people and the irreversibility of the European course of Ukraine, are investigated. The modern practice and doctrinal views on the issues discussed were analyzed. Prospects for the constitutionalization of European identity at the level of supranational integration are presented.

The Europeanisation of Energy Policy – What Scenario for Effective Institutionalism?

Author(s): Donald Wertlen,Lucia Mokrá / Language(s): English Issue: 1/2020

The energy policy has been part of the path to the (post-Lisbon) European Union as we know it today since the very beginning of this project in form of the both European Coal and Steel Community or Euratom. However, in past years/decades the energy topic shifted from ‘low’ to ‘high’ politics. Despite energy policy being a delicate issue that has been at the discretion of the Member States, the Lisbon Treaty established energy as the shared competence between the European Commission and the member states Since then, the Commission has been very active in driving the integration of the energy policies, resulting in establishing the Energy Union and gradually coupling the energy with climate variable, ultimately, creating a platform for occurring energy transition. Nevertheless, the EU is heavy energy-importer but the Member States are endow differently in terms of the structure of energy mix, imports/exports and energy security, which challenges the institutional framework and governance of the energy sector within the EU in the future. The ultimate question reflecting the institutionalism approach is, how the EU institutional structure respond to the Energy Union project and division of competences both in vertical and horizontal perspective, from the point of effective decision-making and implementation of energy policy.

Responsibility of Local Self-Government for Infringement of the European Union Competition and Public Procurement Rules and Its Enforcement in Slovakia

Author(s): Ondrej Blažo / Language(s): English Issue: 1/2020

The paper will analyse the position of local self-government (i.e. municipalities and self-governing regions) in the framework of enforcement of internal market, its impact and effectiveness. The analysis of the legal framework of Slovakia has shown, that there are three ways in which the central government can compel local self-governmental authorities to follow rules of internal marker, including competition rules: (1) state aid rules, (2) public procurement rules and (3) “other” rules of competition. Legal analysis is complemented by the analysis of quantitative data regarding sanction policies in respective areas.

Sharing Economy in Digital Single Market EU – a Phenomena with Future Potential

Author(s): Daniela Ježová / Language(s): English Issue: 1/2020

The sharing economy is a rising phenomenon in the digital world and has expanded in last years to most of the industries. Article deal with the phenomena of sharing economy, tries to find its definition using different approaches. The personal data aspects of the sharing economy are also discussed as a valuable asset. The last section of the article deals with Uber as a digital platform or perhaps more? Analysing the Uberized economy with mentioning also the breach of personal data security in Uber through different countries.

Correlation of the International and National Institutional and Legal Regulations of Applying Some Aspects of Technical Barriers in Practices of Ukraine and the European Union

Author(s): Viktoriia О. Holubieva,Viktor Akulenko / Language(s): English Issue: 1/2020

This study contains the attempt of the comprehensive approach to issues of the correlation of concepts, provisions and obligations of States and their associations with respect to technical barriers to trade (in particular, technical regulations, standardization, certification, and accreditation, conformity assessment procedures and market surveillance systems) enshrined in international world treaties (in particular, the Agreement on Technical Barriers to Trade (TBT), which is binding for Member-States in the system of the WTO treaties) and regional multilateral and bilateral treaties (for example, the Association Agreement between Ukraine, from one part, and the European Union, European Atomic Energy Community, and their Member-States, from the other part, dd. June 27, 2014). The particular attention is paid to the national, including unified (or that being in the process of unification/adaptation), institutional and legal provision in this area, most notably in Ukraine and the European Union (first of all, the Regulation of the European Parliament and of the Council No. 765/2008/ EC and Decision of the European Parliament and of the Council No. 768/2008/EC of 9 July 2008). The performance by Ukraine at the domestic/ national level of its international obligations in accordance with the Association Agreement 2014 has been separately considered in terms of technical regulations and standardization, accreditation, conformity assessment procedures and market surveillance systems and their implementation (adaptation, entrenchment) in relevant regulatory legal, and organizational and institutional forms.

THE CONTRIBUTION/LEADERSHIP OF THE EUROPEAN UNION IN DEVELOPING AND DISSEMINATING CLIMATE LAW

Author(s): Mircea Duțu / Language(s): English Issue: 1/2022

Initiated early and consistently promoted, EU policy action to combat climatechange is characterized by consistency, exemplary, and stimulating to create the legalframework for the national, regional and global response to the challenges of globalwarming, resilience and adaptation. climate change. Standing at the forefront of theappropriate response, the Union has shown political, diplomatic, strategic and legalleadership by approving the Framework Convention on Climate Change (1992) and theKyoto Protocol (1997) without waiting for their entry into force, by to adopt anambitious and relevant energy-climate package on 23 April 2009, while in December ofthe same year in Copenhagen, COP-15 failed to make new post-2012 commitments, toplay a "locomotive" role in negotiation and adoption of the 2015 Paris Agreement, andin the face of general uncertainty caused by the (temporary) withdrawal of the US fromit during the Donald Trump administration, to announce the Green Deal (2019) as anew growth strategy. The adoption of the European Climate Law (Regulation2021/1119) and the "Fit-for-55" legislative package has led to the structuring of arepresentative legislative body, which is booming, with rapid trends towards theestablishment of an "EU climate law", an incentive for the development of internationaland comparative law and a major influence on strengthening the relevant regulations inthe domestic law of the Member States.

HISTORICAL APPROACH TO THE BREACH OF HUMAN RIGHTS IN THE FORMER SOVIET SPACE

Author(s): Marinescu Alina / Language(s): English Issue: 1/2022

Russia's expansionist policy in the northern Black Sea, namely Crimea, the city of Sevastopol and now in Ukraine, has a significant negative impact on the economic and social life of all European citizens and beyond, while also posing a significant threat to regional, European and world security. The illegal annexation of these areas and the current war declared to Ukraine by the Russian Federation violate international law, including the UN Charter, the Helsinki Final Act, the 1994 Budapest Memorandum and the 1997 Treaty of Friendship, Cooperation and Partnership between Ukraine and the Russian Federation. The European Union strongly condemns the actions considered to be genocide committed in the territory of Ukraine after the present invasion, firmly upholding the sovereignty and territorial integrity of Ukraine within its historical borders..

Usklađenost krivičnog zakonodavstva Federacije Bosne i Hercegovine u pogledu zloupotrebe položaja ili ovlaštenja s Mišljenjem Evropske komisije uz osvrt na relevantne odredbe Krivičnog zakonika Republike Srpske

Author(s): Maja Mirković / Language(s): Bosnian Issue: 9/2022

Bosnia and Herzegovina (BiH) is a signatory to the Stabilisation and Association Agreement, and thus committed itself to take a number of legal and other necessary measures, with the aim of aligning its legislation with the EU acquis, including the Founding treaties and other provisions derived from these Treaties. According to the European Commission opinion on BiH's application for European Union membership, one of the key priorities is to improve the rule of law. This issue is now back in the spotlight, given that the conditional recommendation for BiH's candidacy status to the EU was issued at the beginning of October 2022. The main objective of this paper is to assess whether, and to what extent, the positive criminal law of the Federation of Bosnia and Herzegovina (FBiH), in terms of the criminal offence of Abuse of Office or Official Authority, conforms with the Opinion on BiH's application for EU membership. The paper also discussed the notion of corruption as well as international legal standards in fight against corruption, including the Council of Europe Criminal Law Convention on Corruption and the United Nations (UN) Convention against Corruption. The article also discusses the notion of corruption as well as international legal norms in the fight against corruption, including the Council of Europe (CoE) Criminal Law Convention on Corruption and the United Nations (UN) Convention against Corruption. Given that the new Criminal Code entered into force in the Republika Srpska in 2017, bringing major changes in the field of discrimination related to the said Directive, a review of the relevant provisions of the RS criminal legislation was also conducted.

Reglementarea accizelor prin normele dreptului național în Uniunea Europeană: când este prea mult sau încă rezonabil a fi colectat?

Author(s): Mihaela Tofan / Language(s): Romanian Issue: 3/2022

In this article, the author analyzis whether a Member State of destination must recognize an exemption that another Member State has granted under this provision and the extent to which a Member State to which the goods are dispatched may impose mandatory procedural requirements on traders who have obtained the benefit of this exemption, in the lights of the pending CJEU case C‑332/21, Quadrant Amroq Beverages SRL.

The Legal Status of Women in Islam

Author(s): Dumitrița Florea / Language(s): English Issue: 2/2022

The gender difference fueled throughout our history as a species a series of inequalities that were transposed into society in the form of a hierarchical system in which political, economic and religious power was under the auspices of male gender representatives, and social and family relationships were outlined around the concept of subjugation of women, the so-called „patriarchal society” in which roles in society were clearly defined, and deviations from archaic norms were sanctioned with public opprobrium. The role of women in society is a topic that has been intensely debated in the last century, especially in the West, where the cultural model of the obedient housewife has been supplanted by the feminist view that men and women are intellectually and spiritually equal. and are in equal positions in society, and the archaic roles are no longer admissible in a context where a unitary evolution of society is desired, an evolution that cannot be achieved by maintaining a discriminatory system, inconsistent with the fundamental principles of human rights. On the other hand, in certain areas of the East, archaic social and family models dominated by men are still preserved. The issue of women's rights in Islamic society is a current topic, the Islamic feminist movement catching echoes in most Muslim states, but also in the West, where equality activists have brought to the attention of international public opinion the situation of respect for women's rights.

INSTITUT POSREDOVANJA U OBITELJSKOM ZAKONODAVSTVU, I PRAKSA EUROPSKOG SUDA ZA LJUDSKA PRAVA

Author(s): Kata Senjak / Language(s): Bosnian,Croatian,Serbian Issue: 8/2022

PRAVNI OKVIR KRIPTOVALUTA U SAD, EU I BIH

Author(s): Haris Mahir / Language(s): Bosnian Issue: 30/2022

The COVID-19 virus pandemic had a number of negative consequences for the global economy, but in the during the course of pandemic facilitation of trade emerged, which with its way of working can be good tool to facilitate global business. The cryptocurrency market was initially highly undervalued but now it presents a threat to monetary systems around the world. The big problem of current market regulations is uneven state norms on the one hand and a very simple and fast transaction system on the other hand which does not require central authority in terms of transaction security but relies exclusively on cryptography. Regulating the cryptocurrency market would primarily protect the interests of participants in the digital market and can be achieved through the establishment of common norms at the global level. The paper provides an overview of the legal framework of cryptocurrencies with a comparative analysis of proposed changes in the United States, the European Union and Bosnia and Herzegovina.

EUTANAZIJA U UPOREDNOM PRAVU SA OSVRTOM NA PRAVO BIH

Author(s): Amar Lukavačkić,Anel Ibeljić / Language(s): Bosnian Issue: 30/2022

Euthanasia has caused the most controversy and debate in criminal law and ethical issues of modern civilization in the last few decades. Today, one of the most complex legal challenges in European countries is to try to take a fairer and more just approach to resolving euthanasia cases. Proponents of euthanasia believe that a person in general, and especially in cases of poor quality of life, serious illness and suffering, has the right to end his own life. Opponents of euthanasia, on the other hand, hold that no one has the right to take a life regardless of the circumstances, because life itself is invaluable and cannot be impaired by poor quality of life, illness or suffering. The loudest opponents of euthanasia are religions. At the heart of the teachings of the world’s great religions, Buddhism, Islam, Christianity and Judaism is the inviolability and sanctity of human life, with euthanasia being interpreted as a kind of evil contrary to natural and divine laws. It is, therefore, a very complex, unique problem on which different points of view have been formed and which is not easy to legally regulate. Given that the very essence of euthanasia is human life, and that it touches on certain fundamental human rights and human freedoms, its involvement in the case law of the European Court of Human Rights is inevitable.

Cybercrime and Cyber Security and the Legislative Complience in Transitional Countries Compared to EU and China

Author(s): Elena Tilovska-Kechedji / Language(s): English Issue: 02/2022

With the expend of internet, online networks and technology in all spheres of life and the dependence on it, so did cybercrime begun to rise. Countries, institutions, companies are all fearing this new threat. Therefore the actors, policy makers and policies, compliance regulations that are created need to consider all the threats from cyber crime and take actions in regards to cybersecurity. Therefore, in this research we will consider what cyber security measures and legislative compliance's are taken by transitional countries in comparison to EU and China and whether they are enough or there are needed more changes in future.

SICAV in the Czech Republic – success story of continuing failure?

Author(s): Filip Horák / Language(s): English Issue: 2/2022

This paper explores the introduction of SICAV in Czech law, its development and the related difficulties including the tax perspective. Although this legal form helped to boost the collective investment sector in the Czech Republic, in particular for qualified investors’ funds, it is under constant threat of law amendments, which have a negative impact on further progress in the popularity of SICAVs as well as other forms of investment funds. SICAV, as a legal form governed by both private (corporate) and public (regulatory) law, presents a good example of how the two sets of partly autonomous rules may clash and cause undesirable effects. The paper highlights the main inefficiencies and discrepancies, which lead to interpretation difficulties and legal uncertainty. The hypothesis of this paper lies in investigating how local factors in one country, such as the influence of other pieces of legislation and tax environment, negatively impact solutions and models which are standardised and successfully deployed across the EU. It is argued that not only legal and regulatory aspects determine the popularity of investment funds, but a wider landscape, including the activities and approach of the supervisory authority and network of professionals (legal and tax advisors or auditors), plays a crucial role in capital markets development

MODERNITY AND LEGAL UNIFICATION: THE "TURN TO MODERNITY" OF THE PORTUGUESE-SPANISH-IBERO-AMERICAN LEGAL CULTURE IN THE 19TH AND 20TH CENTURIES AND ITS CURRENT CORE VALUES (II)

Author(s): Zoltán Gergely Aparicio / Language(s): English Issue: 1/2022

Our title is also a reference to the fact that European civilisation in Ibero-America, in these two former colonial powers, represented a specific Portuguese-Spanish cultural tradition, imbued with Catholicism, an ideological, missionary evangelisation, crowned by the use of economic coercion.Centuries of coexistence have given birth to an Ibero-American legal culture that has evolved 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 coherent whole in terms of its foundations and main components. It is another question entirely whether, within this structure, we can point out where Ibero (or Hispanic) culture ends and native (Indian) culture begins, from the point of view of, say, customary law. This aspect of the 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 in customary law, but in the world of religion, superstition, nature spirits and creatures, rites, ceremonies, bird feathers, emblems, wood carvings, etc.

MĂSURILE EDUCATIVE ÎN CONTEXTUL EXECUTĂRII PEDEPSEI ÎNCHISORII - CADRUL LEGAL AL REPUBLICII MOLDOVA

Author(s): Sergiu Cernomoret,Andrei Nastas / Language(s): Romanian Issue: 01/2023

Imprisonment, as a criminal punishment, involves certain shortcomings and unavoidable restrictions to the situation of isolation imposed by the normal living environment and placement, for a certain period, in a penitentiary. The limitation and restriction of certain rights may also concern the right to education, in terms of its volume and quality. At the institutional level, the application of the legal framework undergoes adoption depending on the perception of the subjects empowered to apply the law and the real possibilities of exact application of the laws. The context in which the National Penitentiary Authority, as the central public authority responsible for the execution of custodial penal sentences, in its Orders and Provisions indicates the need to carry out certain measures, including those of an educational nature, taking into account the real possibilities of the Institutions Penitentiaries from the Republic of Moldova. We propose for analysis the legislative framework in the field of execution of punishment regarding educational measures, related to some factual situations in the Penitentiary Institutions of the Republic of Moldova. The peculiarities of the educational measures in the penitentiary environment are obvious, their relief and differentiation from those of educational institutions highlight the level of resocialization of the prisoners.

GENDER EQUALITY AND THE INSTITUTION OF INHERITANCE A COMPARATIVE LAW PERSPECTIVE: INDIA AND ROMANIA

Author(s): Marieta Safta,Prabhpreet Singh / Language(s): English Issue: X/2022

India and Romania are two legal areas between which there are considerable differences, determined by historical, cultural developments and specific traditions, which have left their mark on the evolution of legal norms. From this perspective, the legal regime of the institution of inheritance is one of the most marked by the cultural differences and traditions existing in the two countries, especially when the principle of equality in general and gender equality is at stake. The study aims to explore the constitutional and legal basis of the right to inheritance in the two states from the perspective of the principle of gender equality, revealing both the history of regulations and the influences that global developments in this field have on the regulations and jurisprudence of the two states.

CONSIDERAŢII PRIVIND SOLUŢIONAREA LITIGIILOR PROVENITE DIN EXECUTAREA CONTRACTELOR ADMINISTRATIVE DIN ROMÂNIA ŞI DIN REPUBLICA MOLDOVA

Author(s): Constantin Mihalescu / Language(s): Romanian Issue: 02/2023

Disputes arising from the execution of administrative contracts should be given greater attention by the social actors involved. The situation created by the pandemic crisis and the war in Ukraine requires from the legislators in Romania and the Republic of Moldova greater attention to the speedy resolution of such disputes in order not to cause unjustified losses. A plausible opportunity to counteract the effects of the current prolonged crises and help to simplify and expedite the resolution of disputes arising from the execution of administrative contracts can be provided by the reanalysis of the legislation in this field. The Republic of Moldova could take advantage of Romanian legislation if it started from the assumption that the theories and principles that govern administrative contracts in Romania are valid for it. In principle, we consider that, in the case of Romania, through the interpretation, harmonization and reconsideration of art.7, Art. 8 para. (2) and para. (3) of the Administrative Litigation Law no. 554/2004, and of art. 131 C. proc. civ, in which we consider that a legislative intervention is required in order to clarify and cancel the negative consequences for the private entrepreneur, part of an administrative contract, following the procedural defect of not invoking, ex officio, by the court, at the first term, of functional material competence. After such an approach, the legislature of the Republic of Moldova could also be inspired, and could improve and harmonize the provisions of the Administrative Litigation Law no. 793 of 10.02.2000. Anyway, in the Republic of Moldova, by virtue of its status as a candidate country for the EU, many legislative harmonizations will take place, and Romania's experience would be helpful.