Niedopuszczalność przenoszenia na organy władzy wykonawczej decyzji o wyznaczeniu dnia wejścia w życie ustawy

Author(s): Grzegorz Wierczyński / Language(s): English,Polish Issue: 6/2024

The article analyses a solution that has been present in Polish legislative practice for several years, which entails making the entry into force of an act dependent on the implementation of technical solutions (e.g. the launch of an IT system) that enable the execution of its provisions. In such a case, the statutory provision on entry into force does not specify the date of entry into force of an act, but refers to an announcement by a designated authority, which informs the public of the date of implementation of the required solutions. Based on the analysis of the provisions of the Polish Constitution, the author concluded that the decision on the entry into force of an act is a matter of statutory law, and under the current Polish Constitution, the organs of the legislative authority may not delegate this decision to other bodies. Such a solution violates the principles expressed in Articles 10, 87, and 95(1) of the Polish Constitution. The legislator has the right to make the entry into force of an act conditional on the occurrence of a specific future event, but only on the condition that in doing so transfer the competence to decide on the date of entry into force of an act to other bodies.

UGOVORNO ZASTUPANJE U PARNIČNOME POSTUPKU

Author(s): Branka Hrkać / Language(s): Croatian Issue: 2/2020

The paper analyses the instance of the authorised person in a lawsuit through the Civil Procedure Law of the Federation of Bosnia and Herzegovina. The authorized person is a contracting representative of the client. The permission about representing is gained on the basis of a contract, so we can talk here about contracting representation. The paper analyses the specific occurences of particular legal provisions that determine who can be the authorised person in a lawsuit according to the amended provisions of the lawsuit.

KHUEN’S ELECTORAL GEOMETRY IN TOMAŠIĆ’S ELECTORAL LAW OF 1910

Author(s): Mislav Gabelica / Language(s): English Issue: 1/2023

In this paper, the author analyses the political circumstances that influenced the enactment of the Law on the Electoral Order of the Parliament of the Kingdoms of Croatia, Slavonia and Dalmatia of 28 May 1910, and compares the public debate on this law with the statistical data relating to it. While reducing the property threshold, this law preserved the existing division of electoral districts, which had applied under the so-called Khuen’s Electoral Law, thus also preserving the key influence of Serbs on the Croatian political scene. However, these were no longer Serbs loyal to the regime, but those who listened to the call of Belgrade.

UTJECAJ VISOKOGA PREDSTAVNIKA NA DOM NARODA PARLAMENTA FEDERACIJE BOSNE I HERCEGOVINE

Author(s): Ivan Tomić / Language(s): Croatian Issue: 1/2024

In the Federation of B&H there is a bicameral system with the House of Peoples as an upper house whose core functions are representing and protecting the constituent nations. The interventions of the High Representative as a specific international factor in B&H largely changed the original constitutional solutions that were supposed to ensure the realisation of the mentioned function of the House of Peoples. In the paper the author analyses the influence of the Hight Representative actions onto the House of Peoples of the Parliament of the Federation of B&H, especially the changes that relate to the number of the delegates in the House of Peoples, the mechanism of the vital national interest and the participation of the caucuses of the constituent nations in the process of electing the president and vice-president of the Federation of Bosnia and Herzegovina. The analysis has shown that the interventions have significantly weakened the position of the constituent nations through the change of the House of Peoples. They have also lead to the weakening of the mechanism of the vital interest and changes in the process of election of the president and vice-president of the Federation. The imposed changes from the year 2023 are an exception since they strenghten the position of the constituent nations and the House of Peoples. The paper proves that through the imposed changes of the High Representative the Decision of the Constitutional Court of Bosnia and Herzegovina U 23/14 has not been implemented, because the principle of proportionality and the principle of legitimate political representation have not been achieved.

ADMINISTRAREA DREPTURILOR DE AUTOR ȘI A DREPTURILOR CONEXE PRIN INTERMEDIUL SERVICIILOR PUBLICE DIGITALE

Author(s): Elena Roxana Vişan / Language(s): Romanian Issue: 2/2023

In the world of new technologies, intellectual creations need a simplified administrative framework regarding their recognition, exercise and protection. The complexity and the high number of forms of expression of intellectual creations determine a deep leaning on the way to simplify the administrative procedure at the level of specialized bodies of the central public administration in the field of intellectual property. Aware of the need to promote and protect at a societal level as many intellectual creations as possible, this article presents how copyright and related rights are managed and administered through the digitization of public services. What is the role and how does the public administration get involved in the performance of the public service regarding the management, protection of copyright and related rights are questions generating depth at a pragmatic level in the scientific approach undertaken.

Една полезна книга за административноправния режим на защитените зони в Република България

Author(s): Georgi Penchev / Language(s): Croatian Issue: 2/2023

Specyfika instytucji uznania za persona non grata w prawie dyplomatycznym i konsularnym

Author(s): Paweł Czubik / Language(s): Polish Issue: 52 (1)/2025

The article is a dogmatic analysis of the recognition as persona non grata in diplomatic and consular law conducted through a comparison of treaty solutions and an empirical reference to the existing practice of states. The research has led to a multifaceted qualification of this institution and making its dichotomous divisions. The analysis also leads to the conclusion that this institution, unfortunately, has a growing prospect of use. The polarization of the international environment (primarily the political conflict on the US–China line or the war in Ukraine, and the associated deterioration of diplomatic relations with Russia) permanently lead to a number of negative diplomatic events, including those involving the recognition of diplomats or consuls as personae non gratae.

Dyplomacja w porządku postwestfalskim – przypadek Unii Europejskiej

Author(s): Danuta Kabat-Rudnicka / Language(s): Polish Issue: 52 (1)/2025

Diplomacy is the traditional domain of states. However, today, in the post-Westphalian world, it is also effectively carried out by non-state actors, including international organizations. Such a non-state actor, and at the same time a subject of international law, is the European Union. And while the European Union primarily engages in activities characteristic of low politics, it also operates within the realm of high politics, when conducting foreign policy. The European Union is playing a more and more active role in international relations, hence the growing importance of European Union diplomacy. The aim of the article is to present non-state entities involved in diplomatic activities on the example of the European Union, while employing an approach informed by international relations and public international law. The discussion focuses on issues such as: the post- Westphalian order, the European External Action Service, and diplomacy of the European Union. The considerations are carried out while using the dogmatic method, case studies, and comparative legal analysis.

Współczesna dyplomacja humanitarna – czy jest w niej miejsce dla organizacji pozarządowych? Studium przypadku Ukrainy

Author(s): Małgorzata Myl-Chojnacka / Language(s): Polish Issue: 52 (1)/2025

The paper aimed at presenting an evolution of a “humanitarian diplomacy” concept and at identifying factors that affect the process. It was also attempted to investigate a capacity of non-governmental organizations (NGOs) in field of the humanitarian diplomacy. The research was conducted using the historical and dogmatic methods. Theoretical considerations were complemented by practical analyzes of activities undertaken by NGOs in response to Russian invasion in Ukraine. The study showed that the humanitarian diplomacy is a heterogenic phenomenon and its understanding is influenced by priorities and targets that are established, as well as by actors that are involved in activities. However, it may be assumed that the humanitarian diplomacy consist in promoting different interactions aimed at providing peace, justice and help to affected communities. Importantly, these activities may be conducted not only by States, international organizations (eg. the United Nations) or specialized bodies (eg. International Committee of the Red Cross), but also by non-governmental organizations. The Ukrainian case revealed that in the field of humanitarian diplomacy NGOs present a huge potential that cannot be limited only to providing humanitarian support. Non-governmental organizations can also actively negotiate and advocate, thus strengthening capacity of achieving the gools of humanitarian diplomacy.

Ogólnopolska Konferencja Naukowa „Uczeni i nauka prawa międzynarodowego w Polsce. W 100. rocznicę utworzenia Grupy Polskiej Stowarzyszenia Prawa Międzynarodowego (International Law Association)”, Szczecin, 15–17 listopada 2023 r.

Author(s): Dariusz Zagrodzki,Aleksandra Bołoz / Language(s): Polish Issue: 52 (1)/2025

REFLECTIONS ON THE 40th ANNIVERSARY OF THE EUROPEAN CHARTER OF LOCAL SELF-GOVERNMENT

Author(s): Attila Barta / Language(s): English Issue: 1/2025

Local government is an important element of the democratic state and of public administration under the rule of law. The 40th anniversary of the European Charter of Local Self-Government in the year in which this study is being completed is an excellent occasion to focus on them. The Charter is an important milestone in the history of the development of local government in Europe and, together with its additional protocol, remains one of the most important international instruments for the protection and development of local autonomy in Europe. The focus of this study is to present the provisions of the Charter and to identify the main challenges and future trends affecting local government systems, with a view to providing a basis for further work. In my professional opinion, the crisis situations of the last 10-15 years have tested the resilience of local governments. These events have not favoured decentralisation efforts or the functioning of local autonomies. As a result, the last decade and a half has been dominated not by large-scale reforms but rather by steps to build resilience.

THE NORMATIVE SIGNIFICANCE OF THE PRECAUTIONARY PRINCIPLE IN ARTIFICIAL INTELLIGENCE PROBLEM

Author(s): Alexandru Dragoş Maior / Language(s): English Issue: 1/2025

Against the backdrop of the implementation process of the AI Act starting in February 2025 , and in light of the opposition from major industry companies to adopting Codes of Good Practice in this area, following an AI Summit with its “epicenter” in Paris, it seems that the narrative underlying the European model for AI regulation is set to evolve with new perspectives. Starting from the absolutization of risks to highlighting positive aspects, in the face of a possible paradigm shift, we find it useful to draw attention to what logic defines as „argumentum ad temperantiam”. At first glance, moderation appears to be a correct approach in relation to the ambivalent nature of new technologies. However, the validity of reasoning cannot depend on certain predefined extremes, as this would lead to a scenario where the reasoning itself would be contingent on the subjective way in which these “extremes” are defined. The appeal to moderation, as a logical fallacy, assumes that truth lies in an intermediate position between two extremes. And while we have consistently advocated for normative balance, we cannot consider such a compromise to be valid—at least not automatically, and not without a thorough evaluation of the factual basis behind each “extreme.” Admitting that a compromise is not always the correct solution and that truth does not depend on balance, but on evidence, we find the essence of the precautionary principle to be an appropriate approach to the issue, at least as a first level of syllogism. This is because, as we will highlight at the conclusion of this paper, the technical evolution of artificial intelligence, by increasing the degree of uncertainty, will ultimately lead to the de facto inapplicability of the precautionary principle.

CRITICAL ANALYSIS OF THE PRACTICE OF PUBLIC AUTHORITIES IN APPLYING THE PRINCIPLE OF SEPARATION OF POWERS IN THE STATE

Author(s): MOLDOVAN Maria-Diana / Language(s): English Issue: 1/2025

Starting from the principle of the rule of law and continuing by deepening the system of checks and balances, the present study aims to clarify the relations between the legislative and the executive fraction of state's power, the final goal being to establish the difference between the mode of regulation, more precisely the vision had by the Constitutional Drafting Commission and how the authorities understood to implement them.

THE ROLE OF DRONES AND MOBILE APPLICATIONS IN FORESTRY AND AGRICULTURAL ADMINISTRATION IN HUNGARY NOWADAYS

Author(s): Balázs Szabó / Language(s): English Issue: 1/2025

The development of forestry and agriculture is one of the most important social interests, which is one of the sectoral areas of great interest, as it provides a livelihood for nearly 1 million citizens. In the life of a modern state, it is essential that the service provider is as efficient and of the highest quality as possible. This is equally true for the situation of agriculture and forestry, where the development of the environment and the production of healthy food can take bigger place. That is why the Hungarian government have to do everything in order to provide the most modern tools possible for the relevant administrative institutions in any circumstances.

ZAKRES SŁUSZNEGO ODSZKODOWANIA PRZY WYWŁASZCZANIU NIERUCHOMOŚCI POD BUDOWĘ CENTRALNEGO PORTU KOMUNIKACYJNEGO

Author(s): Zbigniew Czarnik / Language(s): Polish Issue: 1/2025

The article undertakes an analysis of the Act on CPK’s regulations on compensation for taking over real property for the construction of CPK. The detailed considerations focus on the assessment of the legal solutions adopted in the law, which are the basis for determining the amount of compensation for expropriation, especially the mechanisms introducing the possibility of increasing it. The reference for the determinations made is the principle of fair compensation expressed in Article 21(2) of the Constitution of the Republic of Poland as a necessary condition for the permissibility of expropriation in Polish law, as well as the general model of compensation adopted in expropriation law and concretized in the Law on Real property Management. On the basis of these assumptions, it is reasonable to conclude that the compensation provisions of the Act on CPK are in line with the general assumptions of expropriation law, thereby duplicating its illegible solutions for determining the amount of compensation. On the other hand, they modify the benefit principle in a manner different from the general rules, introducing a solution in this area, which in its content does not violate the constitutional principle of fair compensation, although it does not remove the doubts related to the legal nature of increases in the amount of compensation so constructed.

L’INTERRUPTION DE LA PRESCRIPTION EN DROIT PÉNAL ROUMAIN : L’ÉVOLUTION DE LA JURISPRUDENCE ET SES IMPLICATIONS

Author(s): Adrian Gabriel Corpădean,Mihaela Adriana Oprescu / Language(s): French Issue: 39/2025

This article presents an analysis of the evolution of the legal framework regarding the interruption of the prescription period for criminal liability under article 155 of the Romanian Criminal Code. It presents key decisions of the Constitutional Court (CCR), the legislative response through Government Order n° 71/2022, the subsequent case law of the High Court of Cassation and Justice (HCCJ), and the impact of the subsequent judgment of the Court of Justice of the European Union (CJEU). The discussion highlights how these decisions have reshaped the legal landscape regarding procedural acts and prescription, as well as the resulting inconsistencies in national case law.

Majorarea valorii obiectului cererii de chemare în judecată. Stabilirea taxei judiciare de timbru suplimentare. Observații

Author(s): Radu-Mihai Necula / Language(s): Romanian Issue: 04/2025

The section contains a selection of the most important decisions from the Romanian Courts. The decisions are selected and commented by authors. The emphasis of this section resides in the ability of each author to comment upon a relevant case-law and to comment upon the legal issue brought by the court. The decisions are summarized and grouped by law subjects. The decisions present the situation in question, the procedures, the arguments brought by the parties and the pronounced solutions. Each decision contains a short commentary relating to the legal issue analyzed by the court.

Book Review: Ionuț-Bogdan Berceanu, 2024, Drept administrativ al bunurilor. Partea generală/ Administrative Law of Goods. General Part, Bucharest: Universitara Publishing House

Author(s): Gabriela Varia / Language(s): English Issue: 12.1-12.2/2024

The book “Administrative Law of Goods. General Part” by Ionuț-Bogdan Berceanu represents a significant contribution to understanding the legal regime of public and private goods of the state and administrative-territorial units. The author, associate professor at the National University of Political Studies and Public Administration (SNSPA) and a PhD in Administrative Sciences, uses his academic experience to clearly and coherently explain the legal mechanisms through which public administration acquires, uses, and capitalizes on goods. The well-structured content, supported by a solid bibliography and numerous practical examples, makes this volume accessible both to students and to professionals in administrative law.

Dan Constantin Mâță, 2024, Drept administrativ/ Administrative Law, 2 nd volume, 4th edition, Bucharest: Universul Juridic Publishing House

Author(s): Dan Constantin Mâță / Language(s): English Issue: 12.1-12.2/2024

The most recent edition of the latter volume was published at the beginning of 2024, by Universul Juridic Publishing House, and is structured in four parts, each systematized into several chapters and sections. The structure of the work does not differ essentially from that present in the previous editions, but in contrast to them, the current edition includes a much broader analysis of the main doctrinal theories, expressed by Romanian and foreign authors, and of the relevant case law.

Observații privind investigarea ultrajului comis asupra personalului silvic învestit cu exercițiul autorității publice

Author(s): Andrei Năstase / Language(s): Romanian Issue: 4/2024

Romanian legislation criminalizes the act of outrage committed against forestry personnel vested with the exercise of public authority, according to art. 257, para. 4 C. pen. The legislative provision is relatively new, being introduced by Law no. 8/2022. This paper aims to analyze a series of aspects related to the forensic investigation that should be carried out in the event of the commission of such an act. A forensic investigation in the case of an outrage against forestry personnel vested with the exercise of public authority is complex and involves several stages and components. These are essential for clarifying the facts, identifying the perpetrator and for pronouncing a legal solution. An essential element of the investigation is establishing that the victim is indeed forestry personnel vested with the exercise of public authority.