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The definition of environmental monitoring. A Legislative Approach. Part I

The definition of environmental monitoring. A Legislative Approach. Part I

Author(s): Cristina Mihaela Salcă Rotaru,Camelia Drăghici / Language(s): English Issue: 2.1-Suppl/2024

Environmental monitoring, together with environmental assessment, and inspection, is one of the most used methods in environmental protection, in terms of pollution prevention and the subsequent evaluation of the effects of the actions taken. Environmental monitoring actions can be carried out by entities whose activities have a potential impact on the environment, as well as by state institutions with duties and responsibilities in this regard. The first part of this study aims to highlight the gaps in the definition of environmental monitoring, both from a legislative perspective and from the perspective of its delimitation from environmental review, analysis or inspection.

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Specific Issues of the Administrative Judicial Review: Right Protection Tools against Local Self-Government’s Regulation

Specific Issues of the Administrative Judicial Review: Right Protection Tools against Local Self-Government’s Regulation

Author(s): Judit Siket / Language(s): English Issue: 2.1-Suppl/2024

Local self-government regulation may affect the rights and legitimate interests of municipal citizens. This is particularly true for local self-government decrees, though normative decisions may also include provisions impacting the rights and legitimate interests of affected individuals. However, judicial review and effective legal remedy tools and procedures should be accessible when a local decree or normative decision is unlawful. Research based on the data of the Curia (Hungarian Supreme Court), analysis confirmed, that only indirect ways are available to citizens, and there is no effective, direct remedy against unlawful local regulation.

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Aspects of Convergence in the EU’s Renewed Strategic “Vision” of the European Administrative Space

Aspects of Convergence in the EU’s Renewed Strategic “Vision” of the European Administrative Space

Author(s): Cristina Pătraşcu / Language(s): English Issue: 2.1-Suppl/2024

The set of “overarching principles” and shared values of member states, known as the “European Administrative Space”, from various documents of the European Commission and SIGMA, was revised in 2023 to adjust and upgrade the existing framework to the most recent practices and guidelines established by the OECD, the EU, and other international organizations. The present article explores this renewed vision of the consolidation of the European Administrative Space and the instruments that the European Union, especially the European Commission, will use to expand cooperation and offer support to Member States in planning and adapting their public administrations’ reforms for the current and future needs of their societies.

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The Importance of Classifying an Asset as Belonging to the Public Domain

The Importance of Classifying an Asset as Belonging to the Public Domain

Author(s): Cătălina Georgeta Dinu / Language(s): English Issue: 2.1-Suppl/2024

According to the special Law no. 165/2013 regarding the measures to complete the restitution process, the Local Land Fund Commissions drew up the validation proposal from Annex no. 29, in Annex 23, meaning that the County Land Fund Law Enforcement Commissions revoked the decisions that contained the recognition of the right to property on the land that was illegally taken by the communist regime and entered the state property. So, this type of land can be unavailable for the former expropriated owner, in favour of the state? On the other hand, Romania adopted new regulations which complete Law no. 222/2017 with a provision allowing the alienation, by donation to third parties, of a Patriot system owned by the Romanian state. This research wants to highlight two situations where the delimitation between public and private domain has practical importance.

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Flawed Administration through the Lens of Free Access to Public Information

Flawed Administration through the Lens of Free Access to Public Information

Author(s): Vasilică Stoinea / Language(s): English Issue: 1/2024

This paper conducts an analysis of the concept of "good administration" in contrast to the concept of "flawed administration", with both concepts being examined through the lens of free access to public information. Issues related to access to public information are often timely and can have a significant impact on society and political processes. Therefore, research in this field can be particularly relevant and can capture public attention. Transparent and responsible public administration is essential for good governance. This theme can contribute to identifying issues of flawed administration in the domain of public information communication and can provide solutions for enhancing governmental transparency. The uniqueness of the theme lies in its multifaceted approach, including transparency and administrative responsibility, legislation concerning access to public information, as well as the use of specific casestudies to illustrate issues related to this topic. Thus, in this article, we will present several pertinent cases from judicial practice that illustrate how flawed administration is often linked to the denial or restriction of access to publicinformation.

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Between Displacement, Layering, Conversion and Drift: The Institutional Construction of the Romanian Freedom of Information Act

Between Displacement, Layering, Conversion and Drift: The Institutional Construction of the Romanian Freedom of Information Act

Author(s): Liviu-Valentin Mihalache / Language(s): English Issue: 1/2024

Using Mahoney and Thelen’s four mechanisms of institutional change (displacement, layering, conversion and drift), I argue that the Romanian Freedom of Information Act (Law no. 544/2001 and Methodological Norms no.123/2002) has proven to be stable in the last two decades since its adoption, it has been accepted by some of us but not all, even though it was created to protect each of us as citizens, there have been failed attempts of institutional destabilization along with a series of institutional consolidations, where as its enforcement has recorded a gradual deterioration, without attracting attention or encountering major criticism, this change being contrary to the public interest.

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Fragmentation of Public Contracts and Integrity

Fragmentation of Public Contracts and Integrity

Author(s): Mădălina Voican / Language(s): English Issue: 1/2024

This article explores the impact of dividing government contracts into smaller components, highlighting the risks it poses to transparency and integrity in public procurement. Contract fragmentation can obscure decision-making process regarding public expenditure, reduce healthy competition, and facilitate corruption. Real-world examples illustrate these issues. The analysis highlights the need for strengthening public procurement regulations, increasing transparency, and promoting ethical conduct to mitigate these risks. By understanding the complex relationship between contract fragmentation and integrity, decision-makers and stakeholders can better protect public resources by promoting a fairer and more transparent business environment and upholding ethical standards in public procurement.

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Some Aspects Related to the Competent Bodies in the Matter of Budgetary Control

Some Aspects Related to the Competent Bodies in the Matter of Budgetary Control

Author(s): Adriana Moţatu / Language(s): English Issue: 1/2024

The fight against fraud needed regulation, and even more, to be the main object of the activity of specialized bodies. Thus, in 1988, the task force "Anti-Fraud Coordination Unit" was created, formalizing the fight against fraud and corruption and protecting the EU's financial interests. In 1995 (July 26), through Council Act 95/C 316/032, the "Convention on the protection of the financial interests of the European Communities" was introduced. In 1999, OLAF (the European Anti-Fraud Office) was established, so that in 2017 (12 October) to establish the European Anti-Corruption Prosecutor's Office - EPPO, through Council Regulation (EU) 2017/19393. EPPO becomes operational from June 2020.

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European Public Policy Perspectives. The Norwegian Way vs. the Romanian Way in the Social Rehabilitation of Inmates

European Public Policy Perspectives. The Norwegian Way vs. the Romanian Way in the Social Rehabilitation of Inmates

Author(s): Adrian Cristian Palea / Language(s): English Issue: 1/2024

This article analyzes the institutional approaches in two European states (Norway and Romania) regarding to the social reintegration of inmates. The analysis of public policies and potential of the two prison systems, as well as the results obtained following the implementation of the two systemic approaches, are the main objectives of the study. Also, the study highlights the collaboration between the two European states, the logistical and financial support and the example of good practice that the Norwegian state offered to Romania, in order to streamline the process of social reintegration.

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Autonomy of Universities and Judicial Review: Irreconcilable Concepts?

Autonomy of Universities and Judicial Review: Irreconcilable Concepts?

Author(s): Anamaria Groza / Language(s): English Issue: 1/2024

The autonomy of universities represents the main functional principle of universities in EU Member States. Is an instrument of defence of higher education institutions from ideological, political and religious interferences and an essential middle of implementing educational right of individuals. Its role is to contribute to the improvement of higher education, to universities performance and to the developments of society. But what happens when decisions of higher education institutions, their inaction or unjustified refusal to resolve a demand are brought in front of tribunals? Is the judicial review possible, does it have limits and which are these limits? The answer assumes to establish the aim and the content of the university autonomy and to assess the judicial review both from the perspective of legality and opportunity. Our research is descriptive and explanatory and contains relevant case law. Our conclusion is in the direction of a complete judicial review made by the administrative courts, both from the perspective of the legality and of the opportunityof the act submitted to the control.

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Digitalization of Public Administration in Romania: The Way Towards Efficiency and Accessibility

Digitalization of Public Administration in Romania: The Way Towards Efficiency and Accessibility

Author(s): Cristian Dumitrescu / Language(s): English Issue: 1/2024

The digitalization of Public Administration is a subject of great importance in the context of modern societies, both for the authorities and for the beneficiaries of public services, in this case, the citizens. This process involves the transition from traditional methods to the use of digital technologies to improve the efficiency, transparency and accessibility of public services. Romania’s journey in the digitalization of the Public Sector has been a topic of interest in recent years. In general, our country has taken significant steps towards the modernization of Public Administration by introducing digital solutions. The Government and the Private Sector have invested in information technology to improve public services, education and the business environment. E-Government leads to the development of smart cities and contributes to increasing the quality of life, and when the processes are integrated correctly, multiple benefits can occur. However, there are also challenges for Public Administration, such as uneven access to technology between urban and rural environments. Digitalization continues to be a priority in many areas, with a focus on innovations such as artificial intelligence, cyber security and emerging technologies.

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Dehybridization of the General Competence of the Jurisdictional Bodies

Dehybridization of the General Competence of the Jurisdictional Bodies

Author(s): Alexandru Prisac / Language(s): English Issue: 1/2024

In this article, I have analyzed the criteria for delimiting the powers of jurisdictional bodies in the settlement of civil cases, which I have argued are also criteria that prevent the hybridization of these attributions. We presented the danger of the phenomenon of hybridization for the normal functioning of judicial bodies and gave solutions to minimize it in the legislative system. We analyzed the hybridization within the regulations on general jurisdiction, which delimit the powers of several jurisdictional bodies, such as: courts of law, arbitration, the Constitutional Court and others. The legal normative basis is the legislation of the Republic of Moldova. In order to highlight the practical issues, the judicial and constitutional practice of the Republic of Moldova was analyzed. The methodology applied in the development of this article was comparison and analysis. In order to formulate fundamentally multifaceted opinions, we started from the French, Moldavian and Russian doctrine. In some of these sources, certain ideas regarding the dehybridization of powers of jurisdiction are developed, and we have supplemented them. Finally, a synthesis was made starting from all the criteria for dehybridization of the powers of jurisdictional bodies.

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Advantages and Constraints from the Perspective of Adopting the AI Act for the Public Administration in Romania

Advantages and Constraints from the Perspective of Adopting the AI Act for the Public Administration in Romania

Author(s): Flavia Lucia Ghencea / Language(s): English Issue: 2/2024

The AI Act is a proposal with an exclusively innovative character in the legislative field, being the first law developed by a major regulatory body in the field of artificial intelligence (AI). The law operationalizes AI applications in three risk categories. First, it considers applications and systems that create an unacceptable risk. Second, high-risk applications are subject to specific legal requirements. Lastly, applications not explicitly banned or listed as high-risk are largely left unregulated. If the path of this act was, without a doubt, a particularly difficult one, the practical application will certainly raise several practical problems, depending on the states that will implement it. We propose, in this work, an analysis of the European normative act, from the perspective, on the one hand of the intentions pursued by the European legislator and, on the other hand, of how Romania will implement the AI legislation. We refer to possible situations in which the Romanian public administration will find itself through the prism of the advantages it can obtain, on the one hand, but also, on the other by the prism of the constraints imposed by the regulations in force. We conclude with some proposals to the legislator in the perspective of obtaining concrete advantages following the implementation of this act.

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The Approximation of the Albanian Procurement Legislation with the EU Legislation

The Approximation of the Albanian Procurement Legislation with the EU Legislation

Author(s): Kristinka Jance,Mirjam Reci / Language(s): English Issue: 2/2024

Public procurement is a process performed by the Contracting Authorities which select the Economic Operators through a public competition, to enter into public contracts for the provision of goods, services, or works, against payment from public funds. The area of public procurement is very important in the management and spending of public money because public procurement is the environment where public money is filtered to have the least possible misuse, and financial stability of state institutions so that they are more consistent in the functioning and development of professional activities. Therefore, in this context, the present paper will analyze the Albanian perspective on public procurement to comprehend its alignment with EU legislation. This paper is coherent with the integration process requirements imposed on Albania and will demonstrate the positive achievements reached and the long path ahead to become a member of the European Union family.

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Legal Protection of the Whistleblower. The Possible Consequences of Shifting Public Administrative Duties to the Individuals

Legal Protection of the Whistleblower. The Possible Consequences of Shifting Public Administrative Duties to the Individuals

Author(s): Michał Najman / Language(s): English Issue: 2/2024

The European Parliament and the Council (EU) on October 23, 2019 adopted Directive 2019/1937 on the protection of persons reporting violations of EU law. It aims to improve the enforcement of EU laws and policies by increasing the ability to effectively detect violations of the regulations. The means to achieve this goal is to guarantee the protection of individuals who, because of their work (sensu largo), have information that proves a violation of EU law and is thus harmful to the public interest, and report these violations or disclose them to the public (whistleblowers). What is more, the Directive shifts public administration duties to the individuals. The article is an attempt to answer the question of whether the regulation of the protection of whistleblowers finds legal and social justification as well as to indicate the benefits and risks of granting whistleblowers special legal protection. The article ends with an assessment of the importance and implementability of the discussed regulation at both the social and economic levels

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THE KINSHIP OF LAW WITH MORALITY

THE KINSHIP OF LAW WITH MORALITY

Author(s): Lucreţia Dogaru / Language(s): English Issue: 3/2024

The relationship between the two great normative systems, law and morality, which regulate and control human conduct in society, has been a subject of intense debate for a century among legal scholars, philosophers, and social scientists. Even if there is a long and controversial history of the debate regarding the relationship between law and morality, most doctrinaires maintain that law and morality, in their quality as hypostases or distinct aspects of human society, enjoy a firm relationship, an interconnection and conditioning mutual and dynamic. Despite well-documented debates in the literature, there is no clear consensus on the basic questions this topic raises. This short essay aims to clarify the interplay between law and morality by examining their conceptual distinctions, the influence of morality on law, the limitations of each in addressing societal concerns, the role of morality in lawmaking, judicial interpretation, and legal application. of law, the dynamic interactions between law and morality according to their evolution over time.

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НАРОДИ КЊИГЕ: ОСНОВНА ПИТАЊА РЕГУЛИСАЊА ХРИШЋАНСКИХ, ЈЕВРЕЈСКИХ И МУСЛИМАНСКИХ БРАЧНИХ ПРАВА

НАРОДИ КЊИГЕ: ОСНОВНА ПИТАЊА РЕГУЛИСАЊА ХРИШЋАНСКИХ, ЈЕВРЕЈСКИХ И МУСЛИМАНСКИХ БРАЧНИХ ПРАВА

Author(s): Róbert István Kasuba / Language(s): English,Serbian Issue: 3/2024

The relationship between the system of civ- il matrimonial law and denominational and religious rights in the European context is quite clear to any lawyer because civil matrimo- nial law evolved from canon law, particularly Catholic canon law. The system of canon law influenced and shaped the thinking of le- gal scholars who formed civil matrimonial law, and this is also true of Protestant marriage. Jewish and Islamic marriage law, however, differs significantly from the Christian conception and is definite- ly contractual in nature. This study aims to compare the marriage law rules of Christianity, Judaism, and Islam using the method of comparative law, but it also compares them with the Hungarian mat- rimonial law system. The study analyzes the pre-marriage procedure and the process of entering into marriage, and it compares the rules for divorce with regard to these three religions. The study is a short- er explanation of one of the important topics of the author’s doctoral research since the main topic of the research is facultative civil mar- riage, i.e. the possibility of recognizing church marriage in civil law in Hungary. The author aims to get a more complete picture of the legal concepts of the three great world religions and the relation of Hungarian marriage law to these religious legal systems.

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DIGITIZATION DEVELOPMENT OPPORTUNITIES IN HUNTING MANAGEMENT IN HUNGARY

DIGITIZATION DEVELOPMENT OPPORTUNITIES IN HUNTING MANAGEMENT IN HUNGARY

Author(s): Balázs Szabó / Language(s): English Issue: 3/2024

In the course of my scientific research so far, I have investigated many areas of professional administration from the point of view of how information communication devices (especially smartphones and drones) can improve and make the administration of the area more efficient. Of these, hunting management stands out for me and is particularly important, which is the main focus of this study. There are several reasons for this. On the one hand, I hunt myself, and as a senior official of the county's hunting civil organizations, I have a broader knowledge and network of contacts about the background of the area's administration and operating rules than the general citizen's perspective. On the other hand, in this area, I came to the formulation of a research result, which I hope will be able to be put into practice in the future, to convince the legislator of its raison d'etre. There are many opinions regarding what hunting can be considered: a leisure activity, a form of sport, or a way of life. I myself am a supporter of the latter definition, since we are talking about a complex activity that cannot be grasped solely from the aspect of one characteristic. Accordingly, the regulation of hunting is also a complex area of law covering several branches of law, which includes elements of civil law, criminal law and, of course, administrative law, but can also be approached from an environmental law point of view. I believe that this fact also clearly shows that it is useful and by now even expected that the authorities can carry out better administrative processes in relation to the administration of the area with the help of the best possible technical support. In the following, I would like to support the applicability of drones and smartphones, especially by presenting the concept of the e-register of hunting.

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THE STATUS OF JUDGES AND PROSECUTORS IN ROMANIA, ACCORDING TO THE LAW NO.303/2022. THE ADMISSION TO MAGISTRACY

THE STATUS OF JUDGES AND PROSECUTORS IN ROMANIA, ACCORDING TO THE LAW NO.303/2022. THE ADMISSION TO MAGISTRACY

Author(s): Ximena Moldovan / Language(s): English Issue: 3/2024

The issuance of Law no. 303/2022 on the status of judges and prosecutors in Romania aimed, on the one hand, at harmonizing the legislation on Romanian justice with the European recommendations formulated within its monitoring mechanisms, on the other hand, with the decisions of the Constitutional Court of Romania issued regarding the old regulation, which criticized it for legal uncertainty.

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Parties to Proceedings in Cases of Issuing Decisions on Environmental Determinants

Parties to Proceedings in Cases of Issuing Decisions on Environmental Determinants

Author(s): Przemysław Zdyb / Language(s): English Issue: 3/2024

The aim of this study is to present rules on establishing the catalogue of parties to proceedings in cases for issuing decisions on environmental determinants. The analysis, based on investigation of the law in force and examination of the law in the historical angle, shows that entities that to whom an authority refuses to grant the status of a party in proceedings for issuing an environmental decision find it difficult to evidence their legal interest in these proceedings due to no access to relevant documents and case files.

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