About the Legal Value of the Decision Pronounced by the Administrative-Fiscal Contentious Court before the Criminal Court (or, rather, about the lack of any value)

Author(s): Angelica Roșu / Language(s): English / Publication Year: 0

The present approach is dedicated to the analysis of the discrepancy between the theoretical approaches of the principle of legal security - respectively the way it is defined and developed - and the factual reality, the national judicial practice confirming its ignorance. The analysis is circumscribed by the way in which, within the limits of the principle of legality, the criminal relations of conflict deduced at trial could be established after the pronouncement, between the same parties and based on the same factual situation, of a final judgment in civil matters - especially in the matter of the fiscal administrative contentious; although the res judicata authority of the latter decision should not be questioned, being regulated by art. 52 par. (3) Code of Criminal Procedure, it will be found that the defeat of this principle is carried out "at the hands of the legislator", the enunciated text being a generator of legal insecurity.

Access to health among women with disabilities – legal aspects and practical problems in Bulgaria

Author(s): Iliyana Miteva / Language(s): English / Issue: 28 (4)/2019

This scientific study is dedicated to the legal aspects and practical problems in the Bulgarian legislation of access to healthcare for women with disabilities. Its relevance comes from the growing need to understand the legal construction linked to the right to health of one of the vulnerable groups in society. Attention herein is directed to the existing legal framework in the People with Disabilities Act, the Health Act, the Health Insurance Act and the Medical-Treatment Facilities Act, as well as separate provisions in other legal acts. The analysis is accompanied by conclusions and suggestions for optimising practice and legislation.

ACCESS TO JUSTICE IN THE TIME OF PANDEMIC: FUNCTIONING OF LEGAL AID FORMS IN NORTH MACEDONIA

Author(s): Ivona Shushak,Vesna Shapkoski / Language(s): English / Issue: 1/2021

The international community has significantly increased its focus on the improvement of justice systems around the world, in recent years. With the increase in effort and interventions in the sector, there has been a need to create tools to assess justice systems, to identify the main elements affecting the workings of the justice machinery. In a context of increasing interest and engagement in justice systems reform, the ability of citizens to access justice institutions to address their needs has come to be seen as an essential element of development, human rights, democracy, and the rule of law. The Republic of North Macedonia has been dedicated in a certain amount to improving the access to justice following these global trends. However, the pandemic has brought to the surface many obstacles in the realization of these efforts and imposed serious issues that need to be further solved. In this paper, we will elaborate on the present situation in North Macedonia from the personal experience of law clinics and civil society organizations that work and contribute closely on this issue. Furthermore, we will identify particular points that need to be advanced and relevant stakeholders to be engaged, to improve the situation, and bring justice closer to everyone.

Accountability and Delegation of Regulatory Powers to Agencies

Author(s): Simone Franca / Language(s): English / Issue: 2/2020

The problem of delegation of powers in the EU framework hasbecome one of the main issues legal scholarship has to deal with. In itsbroader meaning delegation could address different phenomena: to theextent of this paper, we will deal with just one of these phenomena, namelythe delegation to EU agencies of regulatory powers. The aim of this paperis to highlight some critical issues in this matter: first of all we will recallthe evolution of the delegation in the case law; secondly, we will try tobriefly draw a pattern for the accountability of EU Agencies’ rulemaking,in the light of the US model contained in the Administrative Procedure Act.Eventually, we will address some of the problems of participation in therulemaking and we will see how to improve the EU system in order to avoidthem.

Action in a case ended with an administrative decision

Author(s): Tomasz Góra / Language(s): English / Issue: 12/2020

The article deals with the issue of administrative procedural law and civil court proceedings. The author describes a special right of the parties to administrative proceedings, which is the right to bring an action against an administrative decision, and attempts to analyse the action in relation to the administrative decision against the control of common courts against individual acts of public administration. This analysis is carried out in the light of the provisions of the Code of Civil Procedure, as well as on the legal grounds for bringing actions against administrative decisions. The article was enriched with a number of judgments of common and administrative courts. At the end of the article, the author formulates de lege ferenda conclusions.

ADAPTATION OF THE ADMINISTRATIVE SERVICES PROVISION IN UKRAINE TO THE EUROPEAN STANDARDS

Author(s): Nataliia Rozmaritsyna / Language(s): English / Issue: 16/2019

The aspects of adaptation of Ukrainian legislation in the field of provision of administrative services to the requirements and standards of the European Community are considered. The article analyzes the concept of “administrative service”, describes the standardization in the system of providing administrative services, administrative and legal regulation in this area, outlines the main directions of improvement of legislation aimed at improving the quality. It is emphasized that the adaptation of the Ukrainian legislation to the EU legislation is to bring national legislation closer to the modern European system of law. Adaptation is an integral part of integration processes, a prerequisite for the harmonization of national legislation with the legislation of international organizations.

Administracyjnoprawny charakter nadania statusu miasta na wniosek gminy

Author(s): Wojciech Wytrążek / Language(s): Polish / Issue: 2/2020

The creation, merging and erasing of municipalities and poviats is the responsibility of the Council of Ministers, which makes these changes by way of a regulation. It is not clear from the regulations what should distinguish a rural from an urban commune. The city should have social and technical infrastructure as well as urban layout and nature of buildings. In the Act on commune self-government, settlement and spatial boundaries, taking into account social, economic and cultural ties as well as ensuring the ability to perform public tasks, were indicated as criteria for changes and establishing the boundaries of communes. The lack of a legal definition of municipal rights and specific conditions to be met by a town or commune seeking to obtain the status of a city seem to be in conflict with the principle of legal certainty, which is also influenced by the wide scope of administrative discretion. Obtaining the status of a city satisfies the ambitions of the inhabitants and gives the town a kind of prestige, mainly associated with promotional and marketing values. The status of the city is granted by way of a regulation of the Council of Ministers, which has a specific character - it does not establish general and abstract norms, but resolves the individual case of a commune or town.

ADMINISTRATIVE ACTS ISSUED BY THE COURT OF AUDITORS. EXERCISE OF THE ADMINISTRATIVE COURT CONTROL OF LEGALITY

Author(s): Eugenia Iovănaş / Language(s): English / Issue: 2/2021

The Court of Auditors acts as a financial control institution, designed to verify finally and in the most demanding way the management accounts drawn up in the context of the annual implementation of the State budget and gives a discharge, or the legal responsibility of those responsible for committing violations of the law and the rule of law in the use of public funds.As regards the question under discussion, namely whether, following the audit review under Law No 94/'1992, the Romanian Court of Auditors has the power to calculate damages and determine liability for the loss calculated, the case-law study reveals different interpretations as to the question of law under discussion.The administrative court is vested with a control over the legality of the administrative act concerning the refusal by the public authority to return by administrative means to the administrative act issued, in which the conformity of the administrative decision based on law must be checked, including compliance with the limits of the margin of discretion available to the issuing authority.Without making an exhaustive assessment of the follow-up activity specific to checking the necessity and appropriateness of budgetary expenditure, the work aims to take advantage of the question of law under discussion by reference to the case-law examination which reveals different interpretations, of the legal nature of the control acts drawn up by the financial controllers and of the legal effects which they produce, the minutes and the control report drawn up by the competent supervisory body.In the practice of the courts, an administrative case has been registered for the purpose of cancelling the control report on the checks carried out by the supervisory bodies of the court of Auditors on the grounds that, the measures ordered by the control acts issued and the findings of the control report and the conclusions of the check referred to by the financial controllers are illegal and non-meetic

Administrative and Financial Reforms in the Nigerian Public Sector

Author(s): Ehiyamen OSEZUA,Ameen Abdullateef / Language(s): English / Issue: 2/2020

The paper x-rays administrative and financial reforms in theNigerian public sector. The intention is to study numerous programs andpolicies introduced in Nigeria and analyse the impact of these reforms as itfosters revolutionary change of public sector in the country. This isimportant given noticeable professional change amongst government andthe staffs on one part and between professionals on the other part. Thisarticle embraced an exploratory method in carrying out the study. Findingsof the study reveal that there was numerous literature on public sectorreorganization with a low review on administrative and financial reformprograms in the public sector. Hence, the study concludes that reformprograms are key and indispensable in ensuring efficient service deliveryin the Nigerian public sector as well as national development. It finallyrecommends inter alia: a continuous and systematic review of programsand policies of government to ensure alignment with national objectives;mobilization of adequate resources for successful execution andimplementation of programs; and collaboration among all tiers ofgovernment and professionals.

Administrative Law in the Sphere of Public Policy upon Restoration of Independence of Latvia and Lithuania

Author(s): Janis Načisčionis,Algimantas Urmonas / Language(s): English / Issue: 1/2021

The authors of the article explore the multi-functionality of administrative law. Administrative legislation should take into account social realities, recognize the usefulness of social order (when assessing the need for legislative changes or their stability) and transfer them to the level of justice (in terms of the adequacy of legal regulation). After the restoration of independence, administrative law in Latvia and Lithuania had to undergo a transformation of values, abandon the imposed Soviet ideological standards and master new standards of democracies. This strengthened social and legal values, enshrined and protected in the Constitutions of both countries and after accession to the EU, in accordance with the provisions of public administration, allowed by the Treaty on the Functioning of the European Union.The article notes that the formation of legislative policy and the creation of legislation usually based on the discretion of the culture of politicians. The authors of the article draw attention to the synergistic knowledge of social reality and the use of this knowledge when building administrative and legal regulation to the level of macro-social regulation.

Administrative Review and Reform Movements from the Perspective of International Investment Law

Author(s): Cristina Elena Popa Tache / Language(s): English / Publication Year: 0

The study aims at the administrative implications generated by the regulation or non-regulation of the legislative ensemble with an impact in this field. The combination of these pieces in a legal mechanism or, better said, the assembly between international investment law and administrative law is a cascade of sources of legislation, jurisprudence and doctrine, trialism of great use for the evolution and reform of both areas of law, and for the realization of this study were required a coherent mix between transdisciplinary research methods, being used in this context, the methods: qualitative, comparative and quantitative. Taking into account these review movements, administrative law and administrative issues arising at almost all levels, including the institutional ones, are in front the manifestation of a particularly active role conferred by this unprecedented moment, in which states and investors must rely on a comprehensive legislation, in which to find complete regulations and harmonized with the international law of foreign investments.

Aktuální otázky horního a kutacího práva

Author(s): Jaroslav Chyba / Language(s): Czech / Issue: 3/1997

The Czech Lands have been a significant center of the mining industry and the mining law since the early Middle Ages. The Mining Code of the King Wen­ceslas the 2nd, published as early as 1300, has become an archetype of a mediaval mining codification. Different valuations of the most significant mining codes are discussed in the first part of the paper. The state-of-the art of the present mining and prospecting Czech Law are analysed in the second and third part of the paper, respectively. Attention is paid to a recent decision of the Supreme Court of the Czech Republic, assigning the ownership of a quarry to the owner of the mineral deposit, which is the State in the case of the reserved minerals. The decision raises some new problems concerning the transition of the ownership from the land-owner to the owner of the deposit and vice versa. The prospecting law has been a relatively independent branch of the Czech law since 1988. However, the physical boundary between the geological prospecting and the mining activities is not obvious. Several shortcomings in the law in force are discussed, relating mainly to the environmental impact of the geological prospecting.

Alegeri locale. Alegeri parlamentare. Protecția oferită de art. 3 din Protocolul nr. 1 la Convenția pentru apărarea drepturilor omului

Author(s): Radu-Florin Geamănu / Language(s): Romanian / Issue: 10/2020

The study presents the conventional standards on the right to free elections, as they are developed under art. 3 of Protocol no. 1 to the Convention for the Protection of Human Rights. The organization of free elections by secret ballot, held at reasonable intervals, is a minimum standard for a state governed by the rule of law and democracy. However, the jurisprudential development of the European Court of Human Rights is still at an early stage, the meaning of the phrase "legislative body" being still interpreted stricto sensu.

An Overview of Violence as a Vice of Consent

Author(s): Loredana Vlad / Language(s): English / Issue: 2/2020

People are considered bio-psycho-social beings. From the beginning of mankind, violence as part of human nature has manifested itself in relation to the other through the crime committed by Cain against his brother Abel. As time passed, it was found that a form of protection is needed to prolong the life of the individual, and thus by accepting the "social contract", man gave up his natural state in which freedom was absolute, in order to obey the law.In this paper I will bring to the fore a series of considerations with a focus on violence, emphasizing the idea of the vice of consent.

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.

Analiza zmian poziomu zrównoważonego rozwoju powiatów w Polsce w latach 2006–2016

Author(s): Rafał Czyżycki / Language(s): Polish / Issue: 4/1/2018

In Poland, the need to implement regional policy by local government units in accordance with sustainable development principles results directly from the rules of law. Taking into account specific environmental and economic conditions in individual regions, local authorities, having the right to give preference to different aspects of socio-economic development when creating regional strategies of regional development, are obliged to implement the concept of sustainable development in those strategies. The aim of the article is to specify the degree of changes in the level of sustainable development in individual districts in Poland in the years 2005-2016 in general and in the area of economic, environmental, social as well as institutional and political order.

Annual Activity Program of the Local/County Council

Author(s): Dragos Valentin DINCA / Language(s): English / Issue: 2/2020

Deliberative local public authorities (local and county councils) must work predictably, planned. Predictability of administrative actions leads to predictability of the society’s actions, therefore activity planning is a must. Annual Activity Program of the Local Council represents a tool for annual planning of the actions of the deliberative authorities - local and county councils. At the end of the year, for the following year, the local/county council draws up a planning of the draft decisions, on calendar months, which it intends to submit for debate and approval. In order to be introduced in the AAPLC, projects must meet certain requirements of maturity and opportunity.

Anulare acte administrative – PUG și RLU. Consacrarea principiului conform căruia primează analiza stării de legalitate a actelor administrative atacate, raportat la oportunitatea realizării investițiilor publice

Modalitatea de instituire a servituții de utilitate publică, natura sa juridică

Author(s): Mihaela Morar / Language(s): Romanian / Issue: 2/2020

The article deal with a case-law regarding the cancellation of administrative acts. It analyse the principle according to which the analysis of the state of legality of the contested administrative acts prevails, related to the opportunity to make public investments.

Application of the Principle of Good Governance in the Activities of the European Court of Human Rights

Author(s): Serhiy Melenko,Dan Paranyuk / Language(s): English / Issue: 2/2020

Based on the methodology of performing axiological and logical-gnoseological analysis of juridically significant factors, the article under discussion presents a partial investigation of the practical application of one of the most fundamental principles of state functioning in the field of human rights protection. The object of investigation in the paper is the way the European Court of Human Rights (ECHR) perceives, understands and interprets the principle of Good Governance in the course of implementing it in Court’s activities. The precedents, formulated and adopted by the ECHR frequently acquire the status of legal sources for the member states of the Council of Europe. Therefore, the judiciary bodies of these countries have to rely in their practice on the conclusions, the ECHR came to in the course of considering certain cases. Qualitively equal understanding and application of the above decisions is a cornerstone in forming a common European legal space, as well as plays a leading role in the field of human rights protection, guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter - the Convention) (Council of Europe, 1950). The principle of Good Governance is a complex notion. It directly or indirectly regards the rights and interests of both individuals (ensuring them certain rights and freedoms in a vast number of articles of the Convention) and social groups. This requires a complex analysis of the principle in both theoretical and practical aspects of its definition and application. Relying on the methodology of profound analysis of the axiological component of a certain legal phenomenon, like the content of some decisions of the Strasbourg Court, the authors of the article attempt to practically trace the implementation of the principle of Good Governance in the course of administering justice in Ukraine, as a member state of the Council of Europe. Therefore, the article under studies deals with the specifics of practical application of the principle of Good Governance in the ECHR activities, as well as with using precedent experience in the system of administrative judiciary of Ukraine.

Applications Addressed to the Suceava County Courts in Digital Format

Author(s): Razvan Viorescu / Language(s): English / Issue: 2/2020

Currently, the legal framework on electronic signatures is represented by EU Regulation no. 910/2014 on electronic identification and reliable services for electronic transactions on the internal market, Law no. 455/2001 regarding the electronic signature completed by GEO no. 39/2020 and, finally, GEO no. 38/2020.