Strategii și măsuri administrative pentru funcționarea centrelor de plasament ca servicii sociale de tip rezidențial public pentru copii, la nivelul județului Bihor

Author(s): Aurora Elena Gavriș / Language(s): Romanian Issue: 1/2020

The present paper sets out the way of organizing and functioning the placement centers that offer social services for children, in public residential regime, from within the county general directions of social assistance and child protection, from the perspective of applying the specific administrative norms, of the principles of administrative law and the Administrative Code. At the level of Bihor County, these centers ensure the application of social policies in the field of child protection, elaborated according to the National Strategy for the protection and promotion the child right for the period 2014-2020 approved by Romanian Government decision and by County Development Strategy of social services in the field of social assistance and child protection 2017-2021 approved by resolution of Bihor County Council. The paper also distinguish the role of the general directorates of social assistance and protection the child rights through the light of the competences held as public institutions with legal personality subordinated to the county councils in order to ensure an efficient functioning of the placement centers as social services, meeting the minimum compliance standards and respecting the decisions of the county council child protection commision.

Secretul profesional în lumina regulamentului ue privind protecţia datelor cu caracter personal

Author(s): Andrea Kajcsa / Language(s): Romanian Issue: 2/2019

The issue of professional secret is connected with the exercise of certain profession and those that exercise these professions have the obligation to keep the professional secret. Chapter IX of GDPR regulates specific processing activities and, among others, creates the frame-work in which every member state of the EU can regulate those situations when the protection of personal data clashes with the professional secret obligation. We try to identify, in our study, to what degree professional secrecy can be invoked in the hypothesis of an investigation carried out by the national authority in the field of protection of personal data. Furthermore, we shall try to propose certain good practices for those professions that have this obligation of professional secrecy, in relation to the GDPR.

Giving Different Bonuses to Medical Staff and the Impact on Professional Ethics

Author(s): Cătălina-Georgeta Dinu / Language(s): Romanian Issue: 1/2021

Granting different bonuses to medical staff, depending on medical specialization, leads to inequities that affect the medical act, with an impact on professional medical ethics. These differentiations were created by regulating and applying the Framework Regulation on the establishment of jobs, staff categories, the concrete size of the increase for working conditions provided in Annex no. II to the Framework Law no. 153/2017 on the remuneration of staff paid from public funds, as well as the conditions for granting it, for the occupational family of budgetary positions "Health and social assistance" - approved by Government Decision no. 153/2018 - according to which the increased bonuses granted to the medical staff creates large income differences between medical specialties, these increases amounting to between 5% and 85%. The differentiated granting of salary increases, depending on the medical specialty, lacks an objective and reasonable justification, and the amplitude of the percentage differences between the increases is not found in other European countries. The study analyzes these legislative aspects and aims to propose measures to eliminate the identified inequities.

Noutăți legislative privind avertizorul de integritate

Author(s): Laura Manea / Language(s): Romanian Issue: 2/2022

Prezentam în numărul anterior al revistei o analiză a reglementărilor la nivel european cu privire la consilierul de etică și activitatea acestuia în instituțiile publice, în vederea prevenirii abaterilor profesionale din zona administrației publice și a analizelor periodice ce trebuie efectuate în zonele sensibile ale administrației publice (https://ethicsprouniversitaria.ro/index.php/ead/issue/view/7/11).

REPERE REFERITOARE LA RELAŢIA DINTRE ADMINISTRAŢIA PUBLICĂ – CETĂŢEAN ŞI DREPTUL LA O BUNĂ ADMINISTRARE CA DREPT FUNDAMENTAL AL OMULUI

Author(s): Simina Ioana Goia / Language(s): Romanian Issue: 2/2022

As a result of the integration into the European Union, Romania had to revise its entire institutional architecture in order to be able to face the needs of adopting and implementing the acquis communautaire and subsequently the challenges related to the status of a member state. Thus, the reform of the public administration was imminent, and the introduction into the national legislation of the provisions related to the promotion and protection of human rights in the public administration acquired new values.

CONSIDERATIONS ON THE ACCOUNTABILITY OF LOCAL ELECTED REPRESENTATIVES

Author(s): Miruna Tudorascu / Language(s): English Issue: 2/2022

This material aims to clarify the concept of (legal) liability, then to clarify the types of liability that apply to local elected officials, the legislative aspects of the matter, the professional categories to which it is addressed, all of which will be analysed in the sub-headings that we will design. Thus, in the first subtitle we will deal with the institution of liability vs. the institution of responsibility; then, we will move on to the second part, entitled Theoretical aspects of the liability of local elected representatives, where we will present more theoretical details on this institution and the active subjects mentioned. Relevant for highlighting the theoretical aspects on the subject is the identification of some case studies and their analysis, which is carried out during the third part, entitled Relevant case law on the subject, and finally some conclusions are outlined.

DREPTUL ADMINISTRATIV LA RĂSCRUCEA CODIFICĂRII

Author(s): Verginia VEDINAȘ / Language(s): Romanian Issue: 2/2022

This study aims to analyse the evolution of public law in general and administrative law in particular, three years after the entry into force of the Administrative Code approved by GEO 57/2019. We intend to capture the positive aspects, wherever they are manifested, but also some "slippages" in the way some of its dispositions are interpreted and applied. We would also like to point out some aspects that we believe Parliament should stop on in the process of adopting the emergency ordinance by law.

EXPROPRIATION FOR PUBLIC UTILITY.COMPARATIVE LAW ASPECTS

Author(s): Gracziaș Răzvan-Iuliu,Pipa Sergiu Cosmin / Language(s): English Issue: 2/2022

This paper deals with expropriation for public utility, bringing to the fore a current problem that can be analyzed from several perspectives. In the context of a significant increase of population in the latest years, the doubling or even tripling of vehicles and the diversification of social needs of the citizen, the state is forced to create new opportunities to facilitate the daily life of the population. This is often done through expropriation for public utility, by strengthening infrastructure, increasing the number of parking spaces, building hospitals and many others. As we know, the right to private property is one of the three fundamental rights, together with the right to life and liberty, which human beings have enjoyed since ancient times. However, the right to private property is not an absolute right, and states may take action in their sphere, but only with the procedure laid down by law. In this regard, the European Convention on Human Rights has regulated the Additional Protocol No. 1 entitled "Protection of Property", which aims to stop abuses by states parties to the Convention. This article also applies to nationalization decrees issued by former totalitarian states, whereby the citizens of these countries were often illegally deprived of their property. In this paper we will present the conditions that must be met in order for there to be an interference with the right to private property under the rules laid down in the European Convention on Human Rights and the conditions that a person must meet in order to be able to apply to the Court when her right to private property has been violated. Then, we will present the legislative regulation on expropriation in Romanian law, the steps to be taken in order to carry out the expropriation as well as judgments rendered by CEDO against Romania regarding expropriation for public utility. In addition, we will be able to see aspects of comparative law by presenting expropriation in Romania and expropriation in France. Also in this section we will talk at length about the historical perspective, comparisons between the legislation governing this institution and also some judgments delivered by the CEDO against France also in the field of expropriation. We believe that in a democratic society the right to private property must have adequate protection and legal force at least equal to that of public property, with expropriation for reasons of public utility intervening only when social interest and need require it, respecting the procedure established by law and the rights of the expropriator. Finally, we make a proposal that the institution of expropriation be regulated by an expropriation code, in the form of a single well-structured law that would lead to the disappearance of the multitude of interpretations found in the jurisprudence and judicial practice of both the Romanian courts and the European Court of Human Rights. Cicero himself said that " we are all slaves to the laws in order to live freely ", which is why we believe that at some point this expropriation code will be adopted to ease this measure.

INTERACTION OF THE COURTS OF UKRAINE AND THE CONSTITUTIONAL COURT IN THE APPLICATION OF THE CONSTITUTION OF UKRAINE AS AN ACT OF DIRECT EFFECT

Author(s): Oleh HOLIEV / Language(s): English Issue: 2/2022

The article examines the peculiarities of the interaction between the ordinary courts and the Constitutional Court of Ukraine since the adoption of the Constitution of Ukraine. The author tries to establish the characteristic features of this interaction during different periods. The specificity of the constitutional transformations over the past almost 30 years allowed us to divide the development of relations between these subjects into two periods. The first - since the adoption of the Constitution of Ukraine in 1996, which for the first time in Ukraine enshrined the principle of direct effect of the Constitution and established a new system of organisation of state power on the basis of its division into legislative, executive and judicial in accordance with the principles of the rule of law, respect for human rights and constitutional democracy. This period lasted until September 30, 2016, when the reform of justice began in Ukraine, which continues to these days. Based on the results of the research, the author proposes ways to improve the mechanism of the interaction between the ordinary courts and the Constitutional Court, which aim to ensure the effective application of the Constitution of Ukraine as an act of direct effect.

CONCESSION OF PUBLIC PROPERTY

Author(s): Teodora-Andreea Onița / Language(s): English Issue: 2/2022

Going beyond the doctrinal controversies regarding the legal nature, the concession remains the most used method of exploitation of the public domain. Currently, it is regulated in several normative acts that are not applied cumulatively, but a distinction is made between the situations in which the provisions of one or the other are incident by indicating in the body of the normative texts the exceptions to application. Thus, problems arise in the delimitations between situations in which the elements included in two or more normative acts overlap. The legal relations arising from the concession contract do not only belong to the field of civil law, but also must take into account the elements of public law that are part of them. This paper aims to address some doctrinal disputes and bring new arguments in support of the interpretations given in the letter of the law.

The right of a municipality to self-governance in the Slovak Republic

Author(s): Igor Palúš,Matúš Vyrostko / Language(s): English Issue: 2/2024

This written contribution is dedicated to the right of municipalities to self-governance in the conditions of the Slovak Republic. In the first part of this contribution, the authors analyse theoretical considerations and opinions related to the right to self-government in the environment of municipal self-government. They formulate the conclusion according to which the subject of the given right is the municipality and subsequently they clarify how this right is regulated in the Constitution of the Slovak Republic (hereinafter the Constitution of the Slovak Republic or the Constitution). The second part deals with the examination and evaluation of the content of the given right to the extent that it is enshrined in the Slovak constitution. In the third part, the authors analyse the constitutional guarantees of the right of the municipality to self-governance, while they perceive these on two different levels – in terms of substantive law (Article 67 paragraphs 2 and 3 of the Constitution) and at the procedural (judicial) level applied on the basis of a constitutional complaint. The authors state that the right of a municipality to self-governance in Slovak conditions, despite its specificities, is comparable in form and content to the enshrining of such a right in the constitutions of other democratic states. At the same time, however, they point to problematic, or weak points of the current Slovak constitutional and legal arrangement, indicating the possibilities of their solution as a prerequisite for specifying the analysed law in the conditions of the Slovak Republic.

СТИЦАЊЕ ПРАВА СВОЈИНЕ НА СТАНУ У ИЗГРАДЊИ

Author(s): Jelena Milanović Milekić / Language(s): Bosnian Issue: 46/2024

The legal basis for acquisition of a facility under construction is mostly a sales and purchase agreement in the form of a notarised document, or a co-investment agreement. Such agreements are only the legal bases for the acquisition of a facility under construction, but they do not lead to the acquisition of the right of ownership of the future piece of real estate per se. The right of ownership of real estate is acquired by registration in public real estate records, and in the event of purchase of a facility under construction, the situation is more complex, because the subject matter of the purchase does not exist at the moment of the purchase, and the requirements for registration in public real estate records are not be fulfilled. The inability to register the buyer as the holder of the right of ownership in public real estate records because the piece of real estate itself has not been registered represents the biggest disadvantage of any purchase of a facility under construction. Only after the use permit has been obtained, the requirements for registration of real estate in public real estate records may be fulfilled, which represents legal security for the buyer of a facility under construction.

HIJERARHIJA PRAVA POTROŠAČA KAO KUPCA STVARI S MATERIJALNIM NEDOSTATKOM: PRIJEDLOZI DE LEGE FERENDA

Author(s): Almedina Šabić Učanbarlić / Language(s): Bosnian Issue: 46/2024

Bosnia and Herzegovina is facing a necessity of transposing Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/ EC into the domestic legislation. At this moment, it is relatively certain that this harmonization will take place at the entity level, that is, separately in the Federation of Bosnia and Herzegovina and the Republic of Srpska. In a situation where transposition is possible in laws on consumer protection and laws on obligations, a more acceptable option is harmonization within the laws on consumer protection. In addition to the changes that are necessary when it comes to the assumptions of the seller’s liability in the event of lack of conformity of goods, such harmonization implies changes concerning the consumer’s rights hierarchy as a buyer of goods that do not meet the conformity requirements. Specifically, the consumer will no longer be able to freely choose the right he wants to exercise, which will, theoretically, lower the level of consumer protection established by the domestic laws on consumer protection. Nevertheless, this will not represent a real change, bearing in mind that until now, despite the existence of laws on consumer protection, according to which the consumer has freedom of choice, in consumer disputes, the courts in Bosnia and Herzegovina have more often applied laws on obligations that establish a clear hierarchy of buyer rights.

ПРАВНИ МОДЕЛИ УРЕЂЕЊА ОДНОСА ДРЖАВЕ И ЦРКВЕ У ЕВРОПИ И РЕПУБЛИКАМА БИВШЕ СФРЈ

Author(s): Željko Teofilović / Language(s): Bosnian Issue: 46/2024

The paper scrutinize the issue of legal models of the relationship between the state and the church, analyzing their application in some countries of Europe and the former Yugoslavia, in order to show similarities and differences in their application. Regulating the relationship between the state and the church is of great importance for the realization of religious freedom, which are guaranteed by the Universal Declaration of Human Rights and other international legal acts.

ЕКСПРОПРИЈАЦИЈА У ЗАКОНОДАВСТВУ РЕПУБЛИКЕ СРПСКЕ

Author(s): Željka MIlinković / Language(s): Bosnian Issue: 46/2024

Expropriation as a public law institute with private law elements plays a significant role in every social community, because in pursuit of protecting the general interest, it enables the satisfaction of numerous needs of citizens, while at the same time guaranteeing the preservation of individual rights and legal interests. In the Republika Srpska, this institute is regulated by the Law on Expropriation and special laws. In terms of procedure, expropriation can be viewed through three basic phases – determining the general interest, issuing a decision on expropriation and determining compensation for expropriated real estate, in addition to which other irregular procedural steps with important legal consequences for the position of the parties in the procedure may (appear) during the expropriation procedure. In this regard, the paper will specifically analyze certain positions from the case law.

КРИВИЧНОПРАВНА ЗАШТИТА УСТАВНОГ ПОРЕTКА СФРЈ

Author(s): Slaven Knežević / Language(s): Bosnian Issue: 46/2024

This scientific paper analyzes the criminal law protection of the constitutional order of the Socialist Federal Republic of Yugoslavia (SFRY). The constitutional order of the SFRY was the foundation of the state structure and political system, and its preservation was a key task of the legal system. The paper includes a review of relevant legal provisions, including the Criminal Code of the SFRY, which prescribed a range of criminal offenses against the constitutional order, such as rebellion, sabotage, espionage, and other actions aimed at overthrowing or endangering constitutional values. The historical context and reasons for the enactment of these laws are analyzed, as well as their application in practice, including significant court cases. Special attention is given to the role of political structures and secret services in the implementation of criminal law measures. The paper also addresses the effectiveness and legal dilemmas related to criminal law protection in the then socialist system, and how these issues were resolved in the context of political changes and events that led to the breakup of the SFRY.

MARIJA KARANIKIĆ MIRIĆ: OBLIGACIONO PRAVO

Author(s): Dejan Pilipović / Language(s): Bosnian Issue: 46/2024

Review of: MARIJA KARANIKIĆ MIRIĆ: OBLIGACIONO PRAVO (SLUŽBENI GLASNIK, BEOGRAD, 2024, STR. 931 [ISBN 978-86-519-3039-6])

Правна същност на актовете, издавани от министрите в процедурите за избор на членове на органи за управление и контрол в публичните предприятия

Author(s): Svetla Kacharova / Language(s): Bulgarian Issue: 1/2025

The article analyzes the legal nature of acts issued by ministers in competitive procedures for selecting members of management and control bodies in public enterprises under the Public Enterprises Act. It substantiates the thesis that these acts have an administrative legal character and are subject to judicial review under the Administrative Procedure Code. The argumentation is based on the imperative nature of the norms regulating the competitive procedure, the vertical dependency between the minister and candidates, the minister’s bound competence, the unilateral nature of expressions of will, and the case law of the Court of Justice of the European Union. Special attention is paid to the dualistic nature of the state in the context of public enterprises – as an authority when selecting governing bodies and as an equal market participant when carrying out economic activities.

Здравно-информационен юридически справочник 01.11.2024-31.01.2025 г.

Author(s): Lilia Monova-Asenova,Veska Gergova / Language(s): Bulgarian Issue: 1/2025

REPERE REFERITOARE LA RELA Ț IA DINTRE ADMINISTRA Ț IA PUBLICĂ CETĂȚEAN ȘI DREPTUL LA O BUNĂ ADMINISTRARE CA DREPT FUNDAMENTAL AL OMULUI

Author(s): Simina Ioana Goia / Language(s): Romanian Issue: 1/2023

As a result of the integration into the European Union, Romania had to revise its entire institutional architecture in order to be able to face the needs of adopting and implementing t he acquis Communautaire and subsequently the challenges related to the status of a member state. Thus, the reform of the public administration was imminent, and the introduction into the national legislation of the provisions related to the promotion and protection of human rights in the public administration acquired new values.