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Good Administration in the View of the Institutions of the European Union. Theoretical and Practical Aspects

Author(s): Samuel Mireuță / Language(s): English Issue: 3/2024

The right to good administration is provided by the Charter of Fundamental Rights of the European Union. This right presupposes that any person is recognised as having the right to benefit, as regards his problems, from impartial, fair treatment and within a reasonable time from the institutions, bodies, offices and agencies of the Union. The guardian of this right is the European Ombudsman. This concept of good administration is associated with the rule of law, legality, transparency, efficiency, effectiveness, democracy and implies that the institutions of the European Union must comply with certain standards. The author proposes as objectives: (i) Analysis of the right to good administration in the existing documents at the level of the European Union: the Charter of Fundamental Rights, the Maastricht Treaty on the European Union, the Lisbon Treaty on the functioning of the European Union, the European Code of Good Administrative Behaviour; (ii) refer to the specialised literature in the analysis carried out; (iii) to refer to case law. The author uses content analysis as a qualitative research method. The study shows different paradigms regarding the concept of good administration.

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Critical Analysis of Post-1994 Progressive and Transformative Legislative Instruments Introduced to Build Skills and Capacities in South Africa

Author(s): C.B.D. Selane,Kola O. Odeku / Language(s): English Issue: 3/2024

The South African government seeks to tackle poverty, unemployment and inequality via the deployment and use of quality education at the tertiary level. To accomplish this, Technical Vocational Education and Training Colleges (TVET Colleges) have been strategically introduced and established as intervention tools to ensure that skills and capacities are required to address socio-economic challenges facing the country. To this end, students would be trained to receive the requisite skills to make them competent in their chosen vocation where they would utilise the skill and competency to stand on their own after graduating by establishing a vocation, enterprises, ventures where they are self employed and even employ others, or have the skills that are deployable in the workplace with minimal supervision to discharge the job requirements. The most potent tool that underpins the realisation of this is through the introduction of post-1994 progressive and transformative instruments that speak to the effective implementation of skills, capacity and capability to fill skill gaps and shortages to deliver and fulfil the development agenda of South Africa.

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The Inspectorate to the Supreme Judicial Council as Body of the Judiciary with Control Functions in Bulgaria

Author(s): Diana Dimitrova / Language(s): English Issue: 4/2024

The article examines the Inspectorate to the Supreme Judicial Council as body of the judiciary with control functions, namely to inspect the operation of the judicial authorities without affecting the independence of judges, jurors, prosecutors and investigating magistrates in the performance of their duties. The aim of the research is to analyze the control functions and their importance for assuring the access to justice and effective judicial protection of the rights and legitimate interests of the citizens. In order to achieve the set aim the author implements following tasks: to analyze the national legal framework related to the establishment of the Inspectorate to the SJC and its powers, to identify some problems in relation to the functions of the Inspectorate to the SJC and to make conclusions and summaries about the applicable legal framework. Comparative legal, dialectical, critical-analytical methods are used as the methodological basis of the study. The research was developed in the framework of the author's participation in the national scientific project NPI №57 of 2022 on the topic "Legal Relations and Status of Persons in the Judiciary in the Conditions of Digitalization".

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Základné pravidlá tvorby právnych predpisov v oblasti daní v Slovenskej republike

Author(s): Tatiana Jamrichová / Language(s): Slovak Issue: 3/2024

On 1 January 2016, Act No. 400/2015 Coll. on the Creation of Legal Regulations and the Collection of Laws of the Slovak Republic and on Amendments and Supplements to Certain Acts came into force in the Slovak Republic, which regulates the basic rules for the creation of generally binding legal regulations and their promulgation in the Collec¬tion of Laws of the Slovak Republic. The paper highlights selected provisions of this law as well as changes to this law that have an impact on the creation and application of tax legislation.

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News and Controversies Regarding the Contravention Liability of University Staff According to the Provisions of the Romanian Law on Higher Education

Author(s): Lucian Gheorghe / Language(s): English Issue: 4/2024

Objectives of the study - In Title V of Law no. 199/2023, the law on higher education, the legislator intended to regulate a form of liability that can be incurred by higher education personnel, formulated under the title "Legal liability". Unlike Law no. 1/2011 which specifically regulated forms of disciplinary, patrimonial and contravention liability, the current law on higher education, in art. 259 does not specify in a concrete way what types of liability the legislator wanted to take into account at the time of drafting this normative act. However, in the existing wording, in some paragraphs of the aforementioned article, certain unlawful conducts that fall within the scope of the contravention are criminalized, conducts that can also be committed by higher education personnel. The research methods used – in this documentation we used the analytical and synthesis method. Results and implications of the study – Even if the legislator's intervention to amend the entire Article 259 is a recent one (the law entered into force at the beginning of September 2023 and the amendment took place in January 2024), we cannot fail to notice the haste with which this intervention was made. Even after this amendment, difficulties in law enforcement will arise in practice. This is because, on the one hand, it is provided in art. 259 para. (6) that for the contraventions under para. (5), the finding shall be made by police officers or agents within the Ministry of Internal Affairs "...with competences in the field" and on the other hand, the finding is made at the "reasoned request from the higher education institution". The study concludes with the advancement of a proposal for a ferenda law to amend this article.

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A Career for Prison Educators: The Perspective of Professionalization in the Romanian Prison System

Author(s): Adrian Cristian Palea / Language(s): English Issue: 4/2024

This article analyzes, from the perspective of interdisciplinary approach, the status of the educator – a public servant with special status in the Romanian prison system, as well as the opportunity for career development through the professionalization of the occupation of prison educator. The research employs a systemic method for the structured approach to the topic, as well as for the analysis of principles of administrative law and criminal execution law. The logical method serves as the foundation for identifying reasoning and legal benchmarks both domestically and internationally. Furthermore, the analysis highlighted in this article aims to raise awareness of the need for career development for educators within the Romanian prison system and to build a legal and social framework conducive to adopting the professional status of the educator – a public servant with special status in the Romanian prison system.

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From Bureaucracy to Innovation: How Civil Servants Can Modernize Administration

Author(s): Cristian Dumitrescu / Language(s): English Issue: 4/2024

Civil servants can play an important role in identifying the needs and challenges facing public administration and citizens. Through feedback and interaction with citizens and other stakeholders, they can identify existing problems and offer innovative solutions. This study provides a comprehensive framework for understanding and applying innovation in public administration, focusing on the transformation of bureaucracy into a flexible and citizen-centered system. The objectives of the study are: identifying the principles of innovation in public administration, studying the role of civil servants in the modernization process, analyzing the obstacles in the transformation process, assessing the impact of technology and digitalization on the efficiency of the administration. Research will begin with a literature review and an analysis of academic articles and government reports on innovation in public administration. This will include previous studies, successful models of administrative reform and theoretical frameworks on bureaucratic transformation. The results and implications of the study lead to: identifying effective strategies for modernizing the administration, increasing awareness of the role of public servants as agents of change, and highlighting the role of technology in reducing bureaucracy. By promoting innovation strategies, public administration will be able to respond more quickly and effectively to the needs of citizens, reducing bureaucracy and improving the quality of public services.

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The Importance of Professional Legal Ethics for the Independence of the Judiciary

Author(s): Darina Dimitrova / Language(s): English Issue: 4/2024

The article examines one of the sources of "soft law" - the codes of ethics adopted by the Supreme Judicial Council and their significance for the legal system of the Republic of Bulgaria. The scientific aim of the study is to examine the independence of the judiciary in the light of professional legal ethics. In pursuit of the stated objective, the author has implemented two main research tasks: first, to analyze the meaning and possible manifestations of the principle of independence of the judiciary; and second, to examine the interrelation between law and morality in the light of professional ethics of persons working in the judiciary. The present work will, from a theoretical perspective, enrich the doctrine with an analysis of the legal nature of codes of professional ethics and, from a practical perspective, assist law enforcement authorities. The research was developed in the framework of the author's participation in the national scientific project NPI №57 of 2022 on the topic "Legal Relations and Status of Persons in the Judiciary in the Conditions of Digitalization".

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Brief Considerations About “Quasi Contracts” and the Administrative Contracts in Romania

Author(s): Iulian Nedelcu / Language(s): English Issue: 4/2024

In the matter of administrative contracts, some problems arise related to what is known as "quasi contracts" in civil law, namely business management, restitution of unpaid payments and unjust enrichment. In such cases, as a rule, the corresponding provisions of the Civil Code are invoked. In administrative law, the provisions of the Civil Code regarding business management found a weak application. Instead, those regarding the restitution of the unpaid payment were constantly validated. As for unjust enrichment, this could occur when certain works were executed or services were performed based on a contract that was ultimately not concluded, that was struck by nullity, that reached its term. It was only in 1961 that its validity was recognized, qualifying it as a "general principle applicable, even in the absence of a text, in the matter of public works".

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Tax Reform in Cyprus: The Way Forward

Author(s): Andreas Georgiou / Language(s): English Issue: 4/2024

With an emphasis on resolving alleged injustices in the individual taxation system, particularly for married couples, this study investigates the possibility of tax reform in Cyprus. Since each person in Cyprus is currently subject to separate taxes, married couples may be unfairly burdened by having larger overall tax obligations. The principal aim of the study is to investigate the viability and consequences of instituting a married couples allowance for individuals who are lawfully married. Additionally, the study intends to evaluate public perceptions of the benefits of such an allowance and the fairness of the current system. To achieve these objectives, a mixed-methods approach was employed, combining qualitative interviews with tax experts and quantitative surveys conducted with a representative sample of Cypriot citizens. Data on government revenue and potential costs associated with the reform were analyzed to evaluate the financial impact of the proposed change. Results indicate strong public support for a married couple’s allowance, with many respondents perceiving it as a fairer approach to taxation. However, the financial implications for the government would require careful consideration, particularly regarding potential revenue shortfalls. The study concludes by discussing policy recommendations and the balance between tax equity and fiscal responsibility.

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Yesterday and Today for State Contracts – Explicationibus on the Routes of Administrative Law and Public International Law

Author(s): Cristina Elena Popa Tache,Catalin-Silviu Sararu / Language(s): English Issue: 2/2024

The dynamic intersection between administrative law and public international law in the context of state contracts leads to a more adequate analysis of the evolution of the legal framework from historical perspectives to contemporary practices. Our mode of study deepens the complex relationship between these two legal fields, with an emphasis on the transformations and legal mechanisms that have governed state contracts over time. For the development of this study, the analytical approach and the comparative approach were applied through the analysis of the legal text, jurisprudential concepts with critical discussions, the analysis of the jurisprudence as well as the descriptive approach to describe the researched phenomenon.

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CONSTANCY AND CHANGE IN PUBLIC ADMINISTRATION AND ADMINISTRATIVE LAW

Author(s): András Torma / Language(s): English Issue: 4/2024

The connection of public administration and public administrative law to the state is indisputable. Therefore, if the state system changes, then after a longer or shorter time, public administration and public administrative law will necessarily change as well. At the same time, there is no doubt that not infrequently some state and public administrative bodies and legal institutions continue to live. Administrative law is one of the most important branches of law in the legal system of every state, so its changes will necessarily affect society. Based on all these, it cannot be denied that public administration and public administrative law are characterized by both permanence and change. The author reviews these facts and circumstances in the study, embedded in a historical aspect.

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NECESSITY AND CHALLENGES OF DIGITAL TRANSFORMATION IN PUBLIC ADMINISTRATION

Author(s): Sorina-Mihaela Bălan,Daniel-Cornel Bălan,Liliana Bălan / Language(s): English Issue: 4/2024

In the contemporary context, the call for digital transformation resonates widely, especially in Public Administration (PA). The goal of digital transformation in PA is to improve public service delivery, enhance government efficiency, and effectively engage citizens. This involves implementing E-Government Services, digital platforms, data-driven decision-making, and open data initiatives. The exploration is centred around key questions regarding value creation, extending the value proposition, incorporating human-cantered innovation, designing an adaptable organization, and identifying digital capabilities at various levels. The assessment includes investigating the impact of digitalization on public services, enhancing the value proposition in the digital future, integrating human-cantered innovation, designing an organization responsive to ongoing changes through digitization, and identifying necessary digital skills. M-Government initiatives, robust cybersecurity measures, and collaboration with the private sector contribute to streamlined processes, fostering citizen engagement. The transformative endeavour is organized around three pillars: Performance, Organizational dynamics, and Collaboration, addressing digitization's potential to generate value, strategies for future value propositions, innovation integration, adaptable organizational design, and essential digital capabilities across organizational levels. The overarching aim is to make government services accessible, efficient, and responsive in the digital age, the opinions of young students, future employees, and promoters of digital transformation are interesting!

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Tipologia acțiunii prin care se solicită pronunțarea unei hotărâri care ține loc de contract

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Tipologia acțiunii prin care se solicită pronunțarea unei hotărâri care ține loc de contract

Author(s): Pantelimon Movilă / Language(s): Romanian Issue: 01/2025

The present study will mainly focus on the typology of the action requesting the delivery of ajudgment in lieu of a contract, taking into account some doctrinal and jurisprudential „misunderstandings”regarding the admissibility of this action during the period of application of the Civil Code of 1864. Theanalysis will take into account, in addition to the theoretical aspects of the subject, the case law developedon the substantive conditions of the action for a judgment in lieu of a contract. The selected judgmentsare mainly handed down by the District 2 Court of Bucharest, but relevant practice has also been identifiedin the case law collections dedicated to this topic. The purpose of analyzing the judgments is both toexemplify the theoretical notions and, above all, to highlight the way in which the legal provisions havebeen applied by the courts.

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$Starea de pericol în cazul infracțiunilor contra siguranței circulației pe căile ferate$

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Starea de pericol în cazul infracțiunilor contra siguranței circulației pe căile ferate

Author(s): Georgian Rădășanu / Language(s): Romanian Issue: 01/2025

This article aims to deal with the immediate follow-up in the case of crimes against the safety ofrailway traffic starting, in a first stage, from the typology of dangerous crimes, analyzed in accordancewith the existing perspective at the level of comparative criminal law, and continuing with thesubstantiation of the nature of the railway crimes concerned, in particular, in an evolutionary context.The second part of the present study aims to establish some doctrinal and jurisprudentialbenchmarks regarding the production of the state of concrete danger by treating the various theories thathave been developed over time regarding the moment of consummation of crimes of concrete danger.In the end, the scientific approach focuses on the practical aspects regarding the moment ofconsummation of railway crimes, taking into account the specifics of each crime of concrete danger throughthe prism, above all, of the relevant jurisprudence in the matter, with a view to an easy understanding of themechanism of the birth of the state of danger in a field that enjoys numerous technical elements.

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Whistleblowing as a Form of Expression: Comprehensive Overview of the Concept of Whistleblowing and Its Freedom of Expression Aspects, with Particular Reference to the Case Law of the European Court of Human Rights

Author(s): Gergely Ferenc Lendvai,János Bálint,Daniella Huszár / Language(s): English Issue: 2/2024

This study endeavors to examine the phenomenon of whistleblowing within the context of freedom of expression. The paper is organized into three key segments, each addressing distinct aspects. Initially, it delves into the challenges and complexities inherent in conceptualizing whistleblowing. Subsequently, the paper establishes a theoretical foundation for the fundamental rights approach to whistleblowing, laying the groundwork for the final section: an analysis of whistleblowing cases through the lens of the European Court of Human Rights’ case law. The research methodology employed comprises secondary analysis (desk research)and legal case studies. The study aims to achieve a dual purpose: firstly, to offer a comprehensive understanding of the legal analysis and interpretation of whistleblowing; and secondly, to elucidate the evolving legal standards and criteria governing whistleblowing in the context of freedom of expression over recent years.

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Waste in the EU Law

Author(s): Jarmila Lazíková,Ľubica Rumanovská / Language(s): English Issue: 2/2024

Definition of waste in the EU legal regulations is very vague. Therefore, the Court of Justice of the EU and the European Commission (by its guidance) try to help to the national courts with the interpretation of the concept of waste. There are many judgements that offer examples and circumstances that should be considered when defining a substance as waste. However, the fact that the concept of waste depends on the verb ‘discard’ which should be interpreted according to the relevant circumstances in the particular cases causes that the concept of waste remains still very vague. The situation is also complicated by the fact that the concept of waste does not have the same meaning with other relevant international documents. The aim of the paper is to collect the last development of the concept of waste in the judgements of the Court of Justice of the EU. In the paper, there are pointed out how the relevant circumstances of the word ‘discard’ should be considered in the present view of the Court of Justice of the EU. In conclusions, we try to summary the main categories of waste regarding the interpretation of the verb ‘discard’.

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Rethinking FinTech Regulation Under the Indian Data Protection Framework

Author(s): Amit Kumar Kashyap / Language(s): English Issue: 3/2024

This article examines the substantial implications of the Digital Personal Data Protection Act, 2023 (DPDPA) on the developing FinTech industry in India. With a principle based approach, the DPDPA emphasises user control, accountability, and transparency in addressing critical issues in the data-driven FinTech sector. Combining doctrinal analysis and an exploratory methodology, this study meticulously investigates the Act's insight into obligations, focusing on the intricate distinctions between data processors and data fiduciaries. The objective of this doctrinal and exploratory analysis is to thoroughly comprehend the legal structure established by the Act, thereby clarifying the consequences for participants in the FinTech ecosystem. This study explores the DPDPA's impact on managing and safeguarding financial data within the dynamic FinTech sector. It accomplishes this through an evaluation of legal instruments and literature reviews. The paper concludes by suggesting changes to be taken by the financial regulator as a way to address concerns related to data security. Additionally, it initiates a discourse on the regulation of FinTech in India. It emphasises the significance of the collaboration between the Reserve Bank of India and the Ministry of Information Technology on data protection.

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European Union Legal Framework of State Aid in Cultural Tourism and the Use of Notified Aid by Member States

Author(s): Tomáš Malatinec / Language(s): English Issue: 4/2024

This article explores the legal framework of state aid in the European Union, focusing on aid for cultural tourism. Grounded in Article 107 of the Treaty on the Functioning of the European Union, which generally prohibits state aid to prevent market distortions, the study highlights the exceptions for cultural, heritage support and audiovisual works. Employing a comprehensive analysis of notified state aid measures from 2010 to September 2024, it examines usage trends among EU member states, noting significant shifts in response to regulatory changes, such as the 2014 General Block Exemption Regulation, and the COVID-19 pandemic. The findings indicate that France and Spain are major users of notified aid, while Luxembourg and Portugal did not utilize such aid. A decline in notified measures between 2013 and 2015, followed by a rise during the pandemic years and a subsequent decrease, is observed. The study emphasizes that while the frequency of notified aid measures is analysed, the financial volume of these aids is not covered, which could further elucidate the scale of support provided.

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The Legal Status of the Republic of China (Taiwan) and Its Reflection in International Administrative Law

Author(s): Jakub Handrlica,Luisa Blahová / Language(s): English Issue: 4/2024

The Republic of China (Taiwan) controls a compact territory, with inhabitants settled there possessing Taiwanese citizenship. At the same time, it established its own legal framework and enforces this framework by its own judicial and administrative structures. The fact is, however, that only eleven member states of the United Nations and the Holy See maintain full diplomatic relations with Taiwan as a sovereign state. The problem, as discussed very recently in international private law, arises in those states which maintain no diplomatic relations with it. This discussion also has relevance for the field of administrative law. Taiwan maintains its own administration, applying its own law vis-á-vis its own citizens. Consequently, the question arises whether the laws of this nation’s administrative laws have any effect in those states whichdo not maintain diplomatic relations. In this respect, this article argues for a ‘special status’ for the law of Taiwan in their relations with international administrative law. In strict contrast to other non-recognised entities, Taiwan neither exists in a kind of “legal limbo”, nor under an international boycott. Despite the absence of diplomatic recognition, the presence of cooperation and trust vis-á-vis the Taiwanese administration allows the application of its laws in certain specific cases. At the same time, however, the quasi-independent status of this entity also implies certain restrictions concerning the status of Taiwanese citizens.

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