CONSORTIUM AS AN „ENTITY” IN PUBLIC PROCUREMENT

Author(s): Tomasz Szanciło / Language(s): English Issue: supplement/2024

The participation of consortia in public procurement is common, as it gives a better chance of winning a procedure under such a contract. A consortium constitutes a single 'entity' vis-à-vis the contracting authority, whose liability is governed by the law and the contract concluded with the contracting authority. On the other hand, a doubt arises as to whether a consortium constitutes a civil law entity and should be treated as an entity of rights and obligations. It can be assumed that, while from the point of view of civil law a consortium doesn’t constitute a separate entity, its legal status is unregulated, as it constitutes a contract concluded between its members. This gives rise to the conclusion that a consortium constitutes a specific legal 'creation' used for the purposes of public procurement. In other words consortium must therefore be regarded as a form of joint venture, i.e. a grouping of entrepreneurs who enter into a contract for a specific purpose, but which has no institutionalised form and can’t be treated as a separate entity under civil law.

Portul Constanța în anul 2023. Raportul preliminar Directorului general al CN APM SA

Author(s): Author Not Specified / Language(s): Romanian Issue: 01/2023

The year 2023 was a profitable one for the Port of Constanța, as reflected in the cargo traffic which reached a new record. Additionally, the Port of Constanța entered a new era of digitalization, with the applications used leading to the streamlining of the rather heavy traffic. Replica reporters discussed all these matters with Florin Vizan, the director of the Port of Constanța.

Portul Constanța nu a recâștigat rolul de „hub” la Marea Neagră conform Raportului Curții de Conturi din decembrie 2023

Author(s): Author Not Specified / Language(s): Romanian Issue: 01/2023

Poor management, with leadership appointed without competition and without performance indicators, lack of investments required by law and committed by the Government, as well as outdated port, road, and rail infrastructure, have prevented the Port of Constanța from becoming a hub at the Black Sea again, falling out of the Top 20 containerized cargo traffic, according to the Court of Accounts. The increase in cargo traffic in the port was largely due to external circumstances, namely the war in Ukraine.

ENVIRONMENTAL BENEFITS OF THE INTRODUCTION AND IMPLEMENTATION OF ISO 14001 STANDARD IN THE MEAT INDUSTRY EXPRESSED THROUGH THE CONCENTRATIONS OF NITROGEN COMPOUNDS IN WASTEWATER

Author(s): Haris Muminović,Halid Makić,Slobodanka Pavlović / Language(s): English Issue: 28/2024

The nitrogen compounds that were the subject of research are as follows: nitrate nitrogen (NO -N), ammonia nitrogen (NH -N) and total nitrogen (N). The values of the 3 4 mentioned parameters were monitored before the introduction and implementation of the ISO 14001 standard (period January-June) and after the introduction and implementation (period July-December). The values of nitrate nitrogen (NO -N), ammonia nitrogen (NH -N) and total nitrogen (N) are expressed in mg/l (their minimum and maximum values) with the associated limit values. Also, the average values of concentrations of nitrogenous compounds (Me, mg/l) with standard deviations (SD, mg/l) and errors of average assessment (SE, mg/l) were recorded. The daily load of wastewater with total nitrogen per day, as well as the equivalent of harm from total nitrogen expressed in the equivalent number of inhabitants, were the subject of calculations. Before the aforementioned calculations, the calculation of deviations from the limit values was started. The obtained results of the evaluation of the equivalent of harm were processed with a t-test (comparison before and after the introduction and implementation of the ISO 14001 standard). The daily load of wastewater with ammonia nitrogen and nitrate nitrogen was calculated taking into account the average values of the concentrations of the mentioned compounds and the daily flow, and before that, the calculation of deviations from the limit values was started. The T-test was used to compare the harmfulness of the mentioned compounds before and after the introduction and implementation of the ISO 14001 standard. The Mann-Whitney U test was used to test the average values of the median daily load of ammonia and nitrate nitrogen. The hypotheses were also tested: the distribution of the daily load of wastewater with ammonia nitrogen is the same before and after the introduction of the ISO 14001 standard, and the distribution of the daily load of wastewater with nitrate nitrogen is the same before and after the introduction of the ISO 14001 standard.

THE HIGH REPRESENTATIVE AND THE CONSTITUTIONAL CRISIS IN BOSNIA AND HERZEGOVINA

Author(s): Slaven Knežević / Language(s): English Issue: 28/2024

This scientific paper analyzes the constitutional crisis in Bosnia and Herzegovina, with a particular focus on the role of the High Representative in the criminalization of constitutional duties. The paper explores how the interventions of the High Representative, which often include the imposition or annulment of laws and decisions, impact the constitutional order and sovereignty of Bosnia and Herzegovina. Special attention is given to analyzing cases where the decisions of the High Representative have led to violations of constitutional rights and freedoms and how such interventions contribute to deepening political and ethnic tensions within the country. The paper also examines the international legal framework regulating the powers of the High Representative and his influence on the domestic legal system. Through the analysis of specific examples, the paper highlights the need for a revision of the role of the High Representative and seeks solutions that would enable greater domestic responsibility and respect for the constitutional order of Bosnia and Herzegovina.Additionally, the paper addresses how the criminalization of constitutional duties by the High Representative affects the legitimacy and efficiency of political institutions in Bosnia and Herzegovina. It analyzes how such interventions can undermine citizens’ trust in the legal system and democratic processes. Possible mechanisms for strengthening transparency and accountability in the work of the High Representative are also considered, ensuring that his decisions contribute to stability and reconciliation, rather than further deepening the crisis. Alternatives to the current model of international oversight are proposed, which would allow for greater autonomy and democratic development of Bosnia and Herzegovina. In conclusion, the paper emphasizes the importance of establishing a clearer legal framework that would first limit the powers of the High Representative and ensure respect for the constitutional order and sovereignty of the country, and then abolish this undemocratic legacy.

THE CONCEPTUAL ELEMENTS OF LEGISLATIVE TECHNIQUE

Author(s): Emilian Ciongaru,Cristian Drăghici / Language(s): English Issue: 20/2023

The legal framework regulating the technique of drafting regulatory acts is supplemented by the acts establishing, organising and operating administrative authorities or bodies, which include provisions on the right to issue or adopt administrative acts of a regulatory or individual nature in the exercise of the powers conferred by law. Regulatory orders, instructions and other such acts of the heads of ministries and other bodies of the specialised central public administration or autonomous public administration authorities are issued only on the basis of and in execution of laws, decisions and ordinances of the Government. Thus, the legal framework of the technique of drafting administrative acts of a regulatory nature is supplemented by regulations issued by each authority and administrative body.

SOME CONSIDERATIONS REGARDING THE LIMITS AND CRITICISM OF THE SEPARATION OF POWERS IN THE STATE

Author(s): Mircea Tutunaru,Romulus Morega / Language(s): English Issue: 21/2024

The principle of separation of powers constituted the basis of the state organization of all bourgeois states, it being explicitly or implicitly enshrined in the constitutions of these states. From a political point of view, the principle of the separation of powers was considered a generator of political freedoms through the balance and collaboration of the separate powers as competences necessarily belonging to the constitutional state, where the dignity of the person is ensured and where there is "the rule of law." As specified in the doctrine, the separation of powers in the state does not exclude their collaboration. Thus, on an organic level, ministers can be parliamentarians and are responsible before the parliament. Functionally, each party is charged with the main title of a function, but participates equally in the function exercised by the other. The parliament and the government exert a constant reciprocal action on each other. They collaborate in an intimate manner in the implementation of the general activity of the state, but they collaborate in different forms in the same cause of structural diversity.

LEGAL FRAMEWORKS FOR ARTIFICIAL INTELLIGENCE: A COMPARATIVE ANALYSIS OF ROMANIA, THE EUROPEAN UNION, AND INTERNATIONAL PERSPECTIVES

Author(s): Mihaela Pop / Language(s): English Issue: 21/2024

Artificial intelligence (AI) is already transforming society, and has potential for even greater influence in the future. The field is multifaceted and extensive, encompassing machine learning, robotics, natural language processing, and computer vision, among other disciplines. Currently, limited artificial intelligence (AI) systems are extensively employed, whereas achieving full general intelligence still represents a challenging objective. Governments prioritize AI due to a minimum of three underlying factors. First of all, it may help government itself run better and promote economic development. Second, if not created defensively, it can provide authority and compromise national security. Third, it begs moral questions about how sentient artificial intelligence systems should be treated and how AI will affect employment. Public policies are necessary to facilitate the advancement and implementation of AI technologies that optimize their societal and economic advantages, including improving the transparency, reliability, and responsibility of AI systems. Legislation can serve as a means to support special interests that are unable to safeguard their own interests. This includes vulnerable customers or the general public that may experience job loss or reduced income as a result of AI applications. The regulatory challenge is to design rules that protect the public interest and the interests of the affected parties while at the same time permitting the process of technological innovation to flourish and not hindering the productivity growth that AI potentially brings about.

ADMINISTRATIVE CONTRACT IN LEGAL SYSTEM OF THE REPUBLIC OF SERBIA

Author(s): Zoran Jerotijević,Dragan CVETKOVIC / Language(s): English Issue: 21/2024

An administrative contract, as a special type of contract, which represents a bilaterally binding contract by the nature of its conclusion, represents one of the administrative matters provided for by the Law on General Administrative Procedure. The administrative contract, as a specific legal institution belonging to administrative law, was introduced into the legal system of the Republic of Serbia by the adoption of the Law on General Administrative Procedure ("Official Gazette of the RS", No. No. 18/2016 and 2/2023 - Decision of the RS RS. See: Authentic interpretation - 95/2018), and in accordance with the tendency of harmonizing our legislation with the legal system of the European Union. The law itself (Art. 22-26), through five articles that were determined for this institute, regulates the concept and permissibility in terms of conclusion and content, the method of modification, the authority's right to terminate the contract, the right to object and the application of other regulations. as well as the law regulating obligation relations. This type of regulation of contractual relations, which act erga omnes (toward all - contracting parties), with the aim of representing a means by which a certain public interest will be achieved, has its specificity in relation to other contracts of the civil law system, which is reflected in the fact that one the contracting party is always a subject under public law. Bearing in mind that the administrative contract represents a novelty in the legal system, the effects of its application in practice will be subject to consideration and further improvement of the normative framework for its practical application.

GUARANTEE ACT IN THE LEGAL SYSTEM OF THE REPUBLIC OF SERBIA

Author(s): Zoran JEROTIJEVIC,Dragan B. CVETKOVIC / Language(s): English Issue: 22/2024

The guarantee deed represents a legal institution that is applied in the legal system of the Republic of Serbia to protect the rights and interests of participants in a legal relationship, and at the same time represents one of the administrative matters provided for by the Law on General Administrative Procedure.

System kaucyjny – analiza prawna

Author(s): Ewa Badowska-Domagała / Language(s): Polish Issue: 20/2024

The subject of research and analyses undertaken for the purposes of this study are the provisions regulating the deposit system, which were adopted by the Act of July 13, 2023 amending the Act on packaging and packaging waste management and certain other acts. The mentioned provisions entered into force on October 23, 2023 and have not yet been examined by the legal doctrine, therefore the content of these provisions is the main source of the analysis, comments and conclusions. This study first presents the theoretical basis for selecting the criterion according to which the analysis will be conducted. Next, key definitions for the discussed issue are presented. The following parts focus on the characteristics of the participants of the deposit system and the scope of participation in it. Particular attention is paid to the ambiguities and shortcomings of the analyzed provisions that may be faced by the addressees of legal norms. The aim of the study is to comprehensively systematize the title issues. The primary research method used in the work is based on a comprehensive and multi-dimensional analysis of normative material and on the analysis of views of legal doctrine and jurisprudence. The results of the conducted research make it possible to formulate a plausible answer to the question whether the provisions regulating the deposit system have the applicational capacity to effectively implement the provisions of the SUP Directive into the Polish legal order.

Regulacje służące ochronie genius loci jako spoiwa łączącego dziedzictwo materialne i niematerialne

Author(s): Lena Gryz / Language(s): Polish Issue: 20/2024

The recognition of genius loci has been acknowledged by international organizations, primarily ICOMOS, whereas Polish legislation does not adequately address this concept. The spirit of place serves as the nexus between tangible and intangible heritage, and without its consideration, the holistic approach to heritage preservation cannot be effectively pursued. Consequently, there is a pressing need for regulations specifically focused on safeguarding the genius loci. This publication aims to trace historical and substantive changes in defining the spirit of place, conduct analyses of international legal acts and doctrinal documents forming the basis of the genius loci protection system, identify deficiencies in the Polish legal framework, explore possibilities for utilizing existing regulations in preserving the spirit of place, and present proposals for substantive and legislative changes in the field of genius loci protection. In both international and Polish law, numerous acts and documents can be leveraged for protecting genius loci, notably: Quebec Declaration on the Preservation of the Spirit of Place, Convention Concerning the Protection of the World Cultural and Natural Heritage, Convention for the Safeguarding of the Intangible Cultural Heritage, the Nature Conservation Act and the Spatial Planning and Development Act. Nevertheless, dedicated provisions for protecting the spirit of place are essential, including the introduction of mandatory studies and methods for its preservation in local spatial development plans, municipal development strategies, heritage conservation programs and cultural park protection plans. Additionally, regulations safeguarding the view from and to heritage sites should be instituted. While few Polish bylaws already touch upon the protection of genius loci, its consideration by decision-makers remains voluntary. To enhance the effectiveness of preserving the spirit of place, attention must be drawn to the necessity of maintaining and fostering this phenomenon as a link between tangible and intangible heritage. This study employs a formal-dogmatic and retrogressive methodology.

Charakter prawny rady społecznej w samodzielnym publicznym zakładzie opieki zdrowotnej

Author(s): Michał Gornowicz / Language(s): Polish Issue: 20/2024

The basis of the conducted research is a desire to determine the legal character of social councils in independent public health care institutions, which will consequently make it possible to formulate de lege ferenda postulates improving and strengthening the exercised control over the indicated medical institutions. De lege lata, the current manner of legal shaping of social councils makes it a facade, deprived of any authority enabling effective implementation of statutory objectives accompanying their establishment within the broadly understood social control of independent public healthcare institutions. The aim of this publication is to determine their position and the importance of social councils. As a research thesis, it was assumed that the competences granted to the social councils do not favour the realisation of the statutory objective of ensuring effective social supervision over the activities of independent public social care institutions. The research thesis formulated requires answers to several intermediate questions. One is to confirm the legal nature of the social councils assumed above. Another aim of the article is to indicate the scope of competence and the effectiveness of the influence of social councils on the activities of the director of an independent public health care institution. The realization of the indicated research objective will take place on the basis of the dogmatic-legal method consisting in the analysis of the previous doctrinal and judicial jurisprudence, which will consequently allow for the assessment of the scale of the usefulness of the social councils in the current activity of the health care entity. The research carried out leads to the conclusion that the shape of the current provisions regulating the functioning of social councils does not fulfil the original intention of the legislator - i.e. to ensure effective social supervision over the activities of independent public health care institutions. In view of the above, the repeal of the provisions on social councils should be submitted for consideration, with the simultaneous tightening of the provisions on the discipline of public finances in terms of the proper spending of funds in the operation of public health care institutions. An alternative to the presented solution to the problem may be a change in the provisions consisting in replacing social councils with control and supervisory bodies, e.g. audit commissions, which would comprise specialised members duly prepared for the powers exercised, and which would have a binding and not an opinion character. Thus, the control exercised over a particular healthcare entity would be of a real and not fictitious nature, while at the same time improving the decision-making process within the healthcare entity.

Glosa aprobująca do wyroku Wojewódzkiego Sądu Administracyjnego w Szczecinie z dnia 10 marca 2022 r., II SA/Sz 1285/21

Author(s): Daniel Jóźwiak / Language(s): Polish Issue: 20/2024

The March 10, 2022 judgment of the Regional Administrative Court in Szczecin, ref. II SA/ Sz 1285/211, is an important voice in the discussion of the differentiation of the situation of persons entitled to family benefits, particularly in the context of the provision of Article 17(1) of the Law on Family Benefits. The case involved an application for nursing benefits on the grounds that the party had given up employment or other gainful activity to care for a brother-in-law with a disability. The party was denied the benefit. It filed a complaint with the Regional Administrative Court. The court interpreted the regulations pro-constitutionally, deviating from the interpretation of the regulations strictly speaking. The judgment may be an intervening voice in Polish jurisprudence. The principle of equality, justice was invoked. It also pointed to the judgments of other courts in a similar case, and also referred to legal provisions that may significantly affect the more just interpretation of Article 17(5)(1)(a) of the Family Benefits Act . As a result, people whose situation required it were supported by the social assistance system. The Court's dilution of the group of persons entitled to benefits is an important step towards a fairer interpretation of Article 17(5)(1)(A). The author pointed out the divergence of the Polish line of jurisprudence on the case in question, and drew attention to the arguments that approve the judgment of the court in Szczecin.

Artykuł recenzyjny monografii Łukasza Dubińskiego i Przemysława Zdyba, Zbieg egzekucji sądowej i administracyjnej, Wydawnictwo Currenda, Sopot 2023, ISBN: 978-83-65966-58-2, ss. 153

Author(s): Dominika Skoczylas / Language(s): Polish Issue: 20/2024

REPERTORIUL DE JURISPRUDENȚĂ ÎN MATERIE FISCALĂ AL CURȚII DE JUSTIȚIE A UNIUNII EUROPENE IANUARIE-FEBRUARIE 2024

Author(s): Miruna Mihuță / Language(s): Romanian Issue: 1/2024

This article presents several court rulings on taxation based on European directives.

NOUTĂŢI FISCALE

Author(s): Cosmin Flavius Costaş / Language(s): Romanian Issue: 2/2024

VAT rules regarding E-Commerce in the European Union. European Commission: New data on tax revenues in 2022 confirm a positive boost for capital taxes. Update of VAT rates in the European Union.

SINTEZĂ DE JURISPRUDENȚĂ FISCALĂ NAȚIONALĂ MARTIE – APRILIE 2024

Author(s): Cosmin Flavius Costaş / Language(s): Romanian Issue: 2/2024

In a recent Romanian VAT case, Sibiu Tribunal was asked to rule in a case where the taxable person allegedly used a mechanism of tax optimization for VAT. The court ruled that the presence of two intermediaries in order to secure VAT deduction in a more expeditive manner is not contrary to the objectives of the VAT Directive and does not amount to an abuse of tax law in the sense of the Halifax case-law.

Улога и значај међународног административног права у регулисању статуса службеника међународних организација

Author(s): Duško Glodić / Language(s): Bosnian,Croatian,Serbian Issue: 26/2023

The aim of this article is to identify, starting from the theoretical framework for considering the activities of international organizations and relevant institutional practices, the basic factors of the legal status of international officials as established in the rules of international administrative law. The article, first of all, defines the concept of international administrative law. Then, the article clarifies the international legal framework for the autonomous regulation of the status of international civil servants by international organizations, and it analyzes the legal sources of international administrative law. Finally, the article points to the influence that international administrative tribunals had on constituting international administrative law and ensuring its effectiveness. The article demonstrates that the basic features of the international civil service are contained in the fact that international organizations, as independent subjects of international law, autonomously regulate issues of importance for their functioning by adopting their own rules. The article also showed that the effectiveness of international administrative law is ensured through the operations of the international administrative tribunals, as a type of judicial body established within the institutional system of an international organization. The article concludes that international administrative law is particular for each international organization, but that there is a similarity between certain concepts and principles that exist in the rules of various international organizations. Considering importance of the international officials in executing the functions of an international organization, international administrative law, as a legal framework that regulates their position and guarantees their independence from individual governments, is of essential legal relevance for the smooth operation of the international organization as an international legal person.

CONSIDERATIONS REGARDING THE ROLE OF THE POLICE IN ROMANIA, IN THE CONTEXT OF GOOD GOVERNANCE

Author(s): Maria Albu / Language(s): English Issue: 2/2024

At present, against the backdrop of military conflicts taking place in different parts of the world, security has become one of the main concerns and demands of citizens, both on a personal level and in the public sphere. As one of these armed conflicts is currently underway in the vicinity of Romania, there is an intense need to strengthen state security, safety and the role of state authorities. At the international level, the interest in security refers not only to armed conflicts but also to the devastating events such as mass movements of migrants and refugees, famines, pandemics, drugs, organized crime and terrorism. In this context, the role of public authorities in Romania is essential and the activity of the police within the administrative authorities is vital.