Polexit – Is the Exit of Poland from the EU a Viable Option?

Author(s): Dumitrița Florea,Narcisa Gales / Language(s): English Issue: 1/2021

States must respect the interests of the international community since they must exercise their powers in a manner consistent with the general rules of international law; the territorial competence of the State is in this case limited, not only to foreigners, but also to their own residents, this means that the role of the state is to protect its own citizens, but also foreign citizens. The State must also exercise its competence in a manner that maintains the freedom of international communications.From the outset, the European Communities have sought to achieve forceful cooperation between Member States than that resulting from co-oping organizations. To this end, the states put themselves in a more similar perspective to the federal aspirations, which were, conceived at the Hague Congress in May 1948, and were then struck by the conceptions of proponents of institutionalized cooperation. Initially, in the West, the European construction took the form of co-operation organizations conceived in the late 40 years, some of which were due to American-inspired initiatives. After years of sustained efforts to recover and rebuild Europe, it faces the creation of a actually broader Community than that of industrialized countries, made up of multiple organizations operating on a solidarity basis and finding a balance in their development. The cooperation organizations set up in the West come to add new, restricted organizations in the early 50 years, not other than the European Communities, which contribute to a new federal vision.

The Collapse of the Polisinodia: Institutional Reforms at the Last Crisis of the Spanish Catholic Monarchy (1834–1836)

Author(s): Antonio Manuel Luque Reina / Language(s): English Issue: 2/2021

This paper challenges the traditional commonplaces regarding the end of the jurisdictional governance structures of the Spanish Catholic Monarchy in the third decade of the 19th century. The so-called polisinodial regime, composed of the Councils, collegiate bodies several centuries old, apparently collapsed due to the most important political reforms following the death of Fernando VII, the last absolute Spanish King. In this paper, I will first examine how legal historiography has understood these institutional reforms and their actual impact on the dissolution of the former Councils, carrying out a bibliographical review. Second, I will show the role played by the Consejo Real de Espana e Indias in this process of disintegration of the ancient polisinodia and the emergence of the new Spanish Administration. In order to do so, I will examine and interpret unpublished archival documentation from various archives in Spain, such as the Archivo General de Indias, the Archivo General de Simancas, the Archivo Histórico Nacional, and the Archivo General de Palacio.

Public Registers in the Kingdom of Prussia at the Turn of the 19th and 20th Centuries in a Systemic Perspective

Author(s): Hadrian Ciechanowski / Language(s): English Issue: 2/2021

The advancement of legal relations between citizens alone, as well as between citizens and the state, has forced the registration of specific facts. In the light of this, a variety of public registers have evolved. Although these registers often complemented one another and there was a flow of information between them, all in all, the literature does not recognize their systemic nature. A certain exception in this matter is solely represented by land registers and cadastre. That said, at present Poland is one good example that thanks to the use of data and computer technology there is an increasing integration of these formally dispersed registers. But it appears that even solutions from the nineteenth century can be seen and understood as a contemporary system. This claim shall be proven on the example of public registers kept in the territory of the Kingdom of Prussia from the second half of the 19th century. The research presented in the article was based on the system analysis method. On the other hand, the study was conducted with use of legal acts, literature and archival materials collected in Polish and German archives.

Crimes Against Jugdes in Albania. Juridical Defense of Justice Officials Provided by the Criminal Law

Author(s): Engjell Likmeta,Katrin Treska / Language(s): English Issue: 2/2021

In this paper, the authors aim to make a historical overview at the provisions of criminal legislation in Albania, in defense of officials of the justice system, and in particular judges. The authors in this paper will focus firstly on the regulations made by the Albanian customary law, on the legal protection offered to the officials of the judicial system during the monarchy, during the period of communism in Albania, to look closer, provisions of the current legislation in force. Also, in this paper the authors will focues on a general overview of official statistical data, which highlight the number of cases of criminal prosecution and persons convicted of criminal offenses against judges and the justice system in Albania.

Wyrok Sądu Apelacyjnego w Szczecinie III Wydział Pracy i Ubezpieczeń Społecznych z dnia 30 czerwca 2020 roku (III AUa 129/20)

Author(s): Not Specified Author / Language(s): Polish Issue: 34 (2)/2021

Wyrok Wojewódzkiego Sądu Administracyjnego w Szczecinie z dnia 10 lutego 2021 roku (II SA/Sz 956/20)

Author(s): Not Specified Author / Language(s): Polish Issue: 34 (2)/2021

Małgorzata Ofiarska, Zbigniew Ofiarski, Fundusz dróg samorządowych. Komentarz, Wolters Kluwer, Warszawa 2020

Author(s): Rafał Dowgier / Language(s): Polish Issue: 34 (2)/2021

Wyrok Wojewódzkiego Sądu Administracyjnego w Szczecinie z dnia 17 lutego 2021 roku (I SA/Sz 965/20)

Author(s): Not Specified Author / Language(s): Polish Issue: 35 (3)/2021

Mariusz Nawrocki – Odpowiedzialność dyscyplinarna komornika sądowego, Currenda, Sopot 2020

Author(s): Barbara Janusz-Pohl / Language(s): Polish Issue: 35 (3)/2021

Hărțuirea – încălcare a principiilor etice academice și profesionale

Author(s): Claudia-Mihaela Roşu / Language(s): Romanian Issue: 3/2021

The article aims to highlight the meaning and content of workplace harassment, from the perspective of ethical codes of higher education institutions and professional organizations, as well as the measures that can be taken in order to prevent and sanction forms of harassment.

Features of the contract for engineering services in civil law of Ukraine: ways to improve the process in the context of improving business

Author(s): Yuliya Glado,Oleksandra Yavorska,Leonid Tarasenko,Olena Tsilmak,Tetiana Matiienko / Language(s): English Issue: 2/2021

The current state of regulation of the engineering services market in the world is at the level of constant development and improvement. The formation of a system for concluding contractual relations in the field of engineering services is no exception. The imperfection of the system for concluding the contract for engineering services indicates the weak state of the current management system in the field of innovation and intellectual property in the field of doing business both in a single country and throughout the world, which necessitates revising and improving the principles of concluding contracts in the field of engineering services. The contract for engineering services appeared in the world legislation relatively recently, in science there is still no unity in understanding the nature of this contract, as well as in the terminology used to designate legal relations arising on its basis. There are different, sometimes polar, approaches to the essence, features and elements of the contract for engineering services. In addition, there is still no single mechanism for forming a contract. Given this, an important step towards improving the contract for engineering servicess in civil law will be the formation of a systematic sequence of steps using the IDEF0 functional model. In this regard, the main goal of the article is to form the basic principles of consistency and algorithmization of the process of concluding the contract for engineering servicess on the basis of a functional model IDEF0.

АНАЛИЗ ДЕЯТЕЛЬНОСТИ ПРЕДПРИЯТИЙ ПО ОБЕСПЕЧЕНИЮ НАСЕЛЕНИЯ УСЛУГАМИ ГОРОДСКОГО ПАССАЖИРСКОГО ТРАНСПОРТА В МУНИЦИПИИ КИШИНЕВ

Author(s): Liudmila Polodiuc / Language(s): Russian Issue: 1-2/2021

The article explores the activities of enterprises that provide passenger transportation and their modernization in modern economic conditions, with the solution of constantly emerging complex problems and tasks through a systematic approach

Autoritatea Vamală Română – între realitate și reformă

Author(s): Cristina Oneţ / Language(s): Romanian Issue: 6/2021

The present study is occasioned by the adoption of Law no. 268/2021 for the establishment of the Romanian Customs Authority, which entered into force on 10.12.2021 and which establishes a new form of organization of the Romanian customs authorities. The need to reorganize the activity of the body with attributions in the Romanian customs field, we consider that it was a necessary and, as a result, correct one. Along with the arguments contained in the explanatory memorandum formulated by the initiator of the law, others can be highlighted. Thus, at European level, real systems of operative communication in fiscal matters were developed, in which the Romanian customs body was practically non-existent, because the General Directorate of Customs within NAFA lacked legal personality, its representation in all these situations being carried out by NAFA. This objective reality has made the customs clearance a role and an importance secondary to the main activity of the fiscal body of the state of administration of fiscal receivables and collection of revenues to all budgets belonging to the state. For the same reasons, a decrease in the quality of customs management and, implicitly, a decrease in the quality of customs clearance activities could be observed. The need to streamline customs clearance has become clear, both for the benefit of the European Union budget where all customs duties collected by the national customs authorities of all Member States are paid, and for the benefit of the state budget, given that the customs authorities have a very important role in tracking and collecting VAT and excise tax obligations. The newly established Romanian Customs Authority takes over from the National Agency for Fiscal Administration and its subordinate units the activity, positions, and personnel of the customs structures, respectively the General Directorate of Customs within the own apparatus of NAFA, the regional customs directorates and the internal and border customs offices, regional directorates-general for public finances. The Romanian Customs Authority is organized as a specialized body of the central public administration in the customs field. It will have the status of a public institution with legal personality, subordinated to the Ministry of Finance and financed from the state budget through the budget of the Ministry of Finance. It is led by a President with the rank of Secretary of State, appointed and dismissed by decision of the Prime Minister, at the proposal of the Minister of Finance and is seconded by a Vice President, with the rank of Undersecretary of State. From the point of view of managing the funds allocated through the budget, the President of the Authority shall be the authorizing officer of the third party. Its attributions in the customs and fiscal fields do not change, but only the way of organizing and functioning of this activity. The reorganization process of the public authorities with attributions in the Romanian customs field was only initiated by the adoption of Law no. 268/2021. It will have to be continued with the adoption of new regulations regarding the way in which the organizational and personnel structure will be established and detailed, the budgetary allocations that will financially support this activity, the working procedures and other aspects meant to lead to a more efficient activity of Romanian Customs Authority.

TRZYDZIEŚCI LAT FUNKCJONOWANIA SAMORZĄDU TERYTORIALNEGO – NAUKA PRAWA ADMINISTRACYJNEGO WOBEC REFORM USTROJOWYCH. ZAGADNIENIA WPROWADZAJĄCE

Author(s): Janusz Sługocki / Language(s): Polish Issue: 4/2020

The reforms carried out in 1990, which included the reactivation of local self-government, constituted one of the most important elements of the systemic transformation in our country. They were also an important element of the reform measures undertaken to implement the three main goals of the political transformation after 1989: democracy, the free market and decentralization. The postulate of restoring local self-government was included in the Solidarity programme in 1981, and it was the subject of renewed focus during the Round Table talks in 1989. Among the supporters and propagators of this idea in the anti-communist opposition were representatives of the study of administrative law, who envisioned the creation of a completely new institution that would not be indebted to the communist regime. It was therefore assumed that the old system of local authorities had been rejected. The self-government reform carried out in 1990 was at the same time a powerful shock to the study of systemic administrative law, which lost its subject of research, namely the issues of national councils, which from then on were treated only in the context of ‘negative experiences’. The reactivation of the local self-government in 1990 was accompanied by discussions and disputes on the concept of its essence, basic political assumptions and detailed rules of functioning. However, the reform did not come to an end in 1990, as local government law is characterized by a significant dynamic of changes concerning specific solutions, which is reflected in numerous amendments to local government laws. Subsequent reforms were accompanied by the activities of experts in the field of administrative law. At the same time, one should note significant development in the study of administrative law with regard to the consideration of local self-government issues.

O NIEPOŁĄCZALNOŚCI RÓL PROCESOWYCH ORGANÓW JEDNOSTEK SAMORZĄDU TERYTORIALNEGO

Author(s): Zbigniew Kmieciak / Language(s): Polish Issue: 4/2020

The article presents an analysis of the permissibility of conducting administrative proceedings by local self-government bodies (commune heads, mayors and city presidents) in cases in which these bodies have a legal interest, that is, are treated as parties. In the author’s opinion, in such cases local self-government bodies lose the ability to conduct the proceedings (are excluded from settling a case). The author takes a critical stance towards the repeal of a provision in 1994 that explicitly referred to the exclusion of these bodies. Since then, both in legal science and in judicial practice, there have been disputes as to whether such exclusion can be based on the provisions of Article 24 § 1 point 1 and 4 of the Code of Administrative Procedure. The author calls for a rapid amendment of the Code, supplementing Article 25 with a regulation constituting the content of Article 27a which was repealed in 1994, and making a minor revision of the existing Article 26. The question of whether the legislature has enough courage to make these changes is also addressed.

Wybrane prawne aspekty wykluczenia cyfrowego w sferze dostępu do informacji publicznej

Author(s): Michał Ulasiewicz / Language(s): Polish Issue: 36 (4)/2021

This article presents selected legal regulations that form the principles of access to public information in the context of digital exclusion. The author believes that this paper is an attempt to provide answers to questions about the impact of law on the scope of digital exclusion and about how to counteract it. The paper addresses issues of the greatest importance to this particular legal matter, such as: forms of access to information, the impact of the development of e-government on the legal regulation of access to public information and solutions that provide for an objectively wide scope of access to information. The research allows for a diagnosis of the most important problems in the context of access to information and brings a basis for de lege ferenda conclusions. The prevailing research method applied in the paper is the analysis of the law in force.

Problem wielości sankcji represyjnych za nieszczepienie dziecka z perspektywy skutecznego wykonania obowiązku szczepień

Author(s): Sebastian Czechowicz / Language(s): Polish Issue: 1/2021

The mandatory vaccination of children raises a lot of controversy in the public space. Anti-vaccination movements have been increasingly active in recent years. The aim of this article is to present the problem of sanctions with regard to mandatory vaccination of children, around which a lot of social and legal controversy has arisen. Sanctions used in connection with the evasion of the obligatory preventive vaccination of children in Poland are analysed. The essence of administrative sanctions in the case of mandatory vaccination of children is considered, as well as the transfer of the execution of this obligation to criminal courts. It is pointed out that absolute distinction has to be drawn between the scope of possibilities of applying administrative sanctions in the course of enforcement proceedings in administration and those provided for in the petty offences law. An analysis of normative acts and the literature on the subject as well as court decisions concerning the presented problem is made. Using a dogmatic-legal method and an analysis of court rulings, it is established that the aim of the application of administrative-law sanctions may only be to compel a person to fulfil an obligation. On the other hand, penalties on the grounds of the petty offences law will be administered for the evasion of obligatory preventive vaccination of children in Poland.

Analysis of “Dual System” Talent Training Model from the Perspective of Legal Education Reform in the New Era

Author(s): Xianyang Lu,Bo Ma / Language(s): English Issue: 9/2021

The “dual system” talent training model advocated and designed by the Guangdong University of Petrochemical Technology emphasizes and adheres to that the essence of regular higher education is general education and quality education, rather than vocational education, aiming for training general-purpose “rough-like” talents for the society on the pre-condition of providing certain professional basic theoretical education. The “dual system” talent training model of the law program is characterized by the “dual nature” at both macro and micro levels. At the macro level, it is mainly manifested in the dual system that attaches importance to the “legal professional quality system + humanistic quality system education,” emphasizing the training of basic legal professional qualities, while valuing the training and development of humanistic qualities and ideological and political concepts, etc. At the micro-level, it is manifested in the dual system of “legal theory knowledge system + legal practice operational knowledge system,” providing basic legal theory education, while strengthening the training of basic legal affairs practical operational skills, so that the students can develop the initial ability to solve simple legal practice problems, thus better resolving the tension between social talent demand and traditional training model. For the purpose of constructing the “dual system talent training model” for legal education, the law program shall adhere to the principle of advancing gradually in due order, focus on scientific setting and arrangement of the elective curriculum system, make the new goal of legal talent training both the starting point and ultimate goal, improve the validity of professional practice courses in the practice sessions, and cultivate students to have a more sound personality and comprehensive knowledge system, meeting the demand for legal talents in the new era.

Problems of Countering Corruption in Banking and Finance Sectors of Uzbekistan: Legal Analysis

Author(s): Nilufar Nodirkhonova / Language(s): English Issue: 9/2021

This work examines various problems of countering corruption in Uzbekistan’s banking and finance sectors and analyses the legal aspects of their solution. The author’s comprehensive study allows the formulation of relevant conclusions for further improving the work on tackling corruption in Uzbekistan’s banking and finance sectors.

Дигитална трансформация на съдебната система и необходимост от разработване на компетентностни модели

Author(s): Desislava Serafimova,Andriyana Andreeva / Language(s): Bulgarian Issue: 4/2021

The article examines the problems in communication between representatives of the judicial system in Bulgaria and IT specialists who have developed a unified information system of the Bulgarian courts. The main challenges in the process of digitalization of their activities are outlined. The possibilities for developing a sectoral competence model for the employees of the judicial administration with a view to a more effective introduction of e-justice are presented. The article aims to outline the main challenges and problems accompanying the digital transformation of the judiciary, reflecting the views of the various participants in this process and proposing guidelines for solving them. On this basis, to argue the need to develop competency models focusing on digital competencies as part of the sectoral competency models in the court administration. Structurally, the article consists of three parts - the first clarifies the methodology of the empirical study, including the methods of desk research, in-depth interviews and surveys. The second part characterizes the trends and challenges in the process of digital transformation in the judiciary in Bulgaria. The third part of the paper argues the need to develop a sectoral competency model for e-justice.