Турският наказателен закон – опит за създаване на модерно законодателство

Author(s): Neli Radeva / Language(s): Bulgarian Issue: 1/2021

During the 19th century, Ottoman law was influenced by the West. The Tanzimat reforms marked the beginning of criminal codification in the Ottoman Empire, whose Penal Code was adopted in 1858.It was modern in terms of format and content, and it differed from the penal laws of 1840 and 1851. Its first article stated that it shall not repeal the provisions of Sharia law. This dual nature of the code caused a lot of confusion. The complete replacement of Sharia law with modern European law did not happen suddenly, but gradually. This was necessary for the government to embrace the new ideas and understandings of the modern societies at that time. Therefore, the attempts of the Ottoman authorities to modernize the Empire’s laws,particularly the ONK, cannot be denied.

Кратък анализ на позицията на Експертната група по ДДС относно постоянния обект

Author(s): Stoycho Dulevski / Language(s): Bulgarian Issue: 1/2023

On June 2022, the VAT Expert Group issued a position on the legal nature of the fixed establishment (FE). It covers certain key aspects about the concept in question. According to the author, a significant part of them are decisive for the FE’s future. Based on the functions of the VAT Expert Group, it is debatable whether they will find implementation. This constitutes a proper argument to find a final solution from a theoretical and practical point of view. The current paper analyzes both the highlights of this position and the author‘s views on the possible FE’s trends.

450 lecie lokacji Rzyk na prawie wołoskim

Author(s): Artur Oboza / Language(s): Polish Issue: 12/2009

Artykuł przybliża dzieje wsi Rzyki, położonej na stokach Beskidu Małego. Autor w sposób szczególny uwzględnił w tekście okoliczności lokacji tej miejscowości na prawie wołoskim (ius Valachicum), która miała miejsce podczas jednej z ostatniej fal zagospodarowania lasów Beskidu Zachodniego, prowadzonej przez wielkich właścicieli ziemskich od XV wieku. Na tereny królewszczyzny zatorskiej sprowadzano wówczas ludność wołoską, która zajmowała się głównie pasterstwem, a ziemie te służyły tej profesji wobec trudności w uprawie roli.

Răspunderea autorităților în Noua Filozofie a Codului Administrativ. Cod civil versus Cod administrativ. Puncte de „intersecție”

Author(s): Liliana Cătălina Alexe / Language(s): Romanian Issue: 03/2022

Society has always been concerned with the issue of liability. "Responding" was and still is an imperative of society. In our law there was no express regulation of the administration's liability for its illegal acts. However, there are a series of decisions of the High Court of Cassation and Justice that decided to engage the state's liability even in the conditions where it could not be imputed to it, the damage being caused in the exercise of a normal and legal activity. For the first time this type of liability – administrative – is dealt with in the provisions of the Administrative Code. The present article will ask the question whether this intervention was (imperially) necessary or the existing legal instruments (Law no 554/2004 on administrative litigation, the Civil Code and judicial practice) were sufficient in determining the scope of the subjects and the particular conditions in which they respond or this legislative activity, as the main way of implementing public policies, should have provided necessary, precise, concrete tools for the solutions pronounced in the matter of liability.

Nulitatea de formă a actelor administrative privind raportul de serviciu al funcționarilor publici în lumina prevederilor Codului administrativ

Author(s): Mirela Monica Perjaru / Language(s): Romanian Issue: 03/2022

The present study represents an analysis of the institution of formal nullity of administrative acts regarding the public servant’s duty relationship, respectively of the provisions of art. 535 of Emergency Government Ordinance (EGO) no. 57/2019 regarding the Administrative Code, by reference both to the special legislation in the matter of administrative litigation and the applicable general legislation, including a theoretical approach as well as a practical one. Repealing the provisions of Law no. 188/1999 regarding the public servant’s duty relationship, the Administrative Code establishes a series of procedural formalities common to several administrative acts regarding the public servant’s duty relationship, regulating the sanction and its mode of operation in the event of non-fulfillment of the formal requirements established by art. 528-533. Although the text of article 535 is concise and easy to read, it was found that in practice its interpretation is not uniform. Thus, despite the fact that the regulation expressly provides for the sanction of legal nullity in the event of non-compliance with certain legal provisions regarding the form of administrative acts regarding the public servant’s duty relationship, nullity to be found by the administrative litigation court, the study proposes to present an interpretation nuanced in the sense that the sanction of nullity: – cannot be ordered for the hypotheses regulated in art. 528 para. 3-8 because the non-communication of administrative acts is, in principle, sanctioned with unenforceability, not with nullity; – cannot be ordered for the omission of any ot the formalities mentioned in art. 529-533, but only for non-compliance with the legal norms that provide for essential provisions, being conditioned by damage that can only be removed by abolishing the act; – is not established, but ordered by the court. The study has theoretical and practical importance, from the perspective of the novelty of the legal issues in the analysis, proposing to determine a debate on some interesting topics, aiming to contribute to the outline of a unified interpretation of the legal provisions, aspect justified by the variety of solutions identified in the specific practice of the administrative litigation courts regarding the cases that have as their object the public servant’s duty relationship.

Dreptul administrativ român la cumpăna dintre milenii, veacuri și regimuri politice

Author(s): Verginia Vedinas / Language(s): Romanian Issue: 04/2022

Subiectul pe care vi-l propunem „încolțise” de ceva vreme în preocupările noastre. Aștepta doar momentul să fie „însămânțat” și ce moment ar putea fi mai potrivit decât acela când o instituție de învățământ te înnobilează cu un asemenea titlu? Și nu orice instituție, ci o universitate prestigioasă, care poartă numele poetului latin Publius Ovidius Naso, poetul iubirii, al tristeților și al metamorfozelor. Și care are în structura sa o facultate de drept pe care o prețuim cu asupră de măsură și care s-a învrednicit să ne aleagă, să ne prețuiască, să ne onoreze.

Conferința națională „Contenciosul administrativ”, ediția a III-a

Author(s): Cristian Dumitru Miheş / Language(s): Romanian Issue: 04/2022

Facultatea de Drept a Universității din Oradea a organizat în data de 9 decembrie 2022, conferința națională „Contenciosul administrativ”, eveniment aflat la a III-a ediție. Acest eveniment, alături de altele, organizate pe parcursul anului universitar 2022/2023, se înscrie în seria manifestărilor dedicate aniversării celor 30 de ani de la reluarea învățământului superior juridic la Oradea. Ideea unei conferințe de contencios administrativ și la Oradea, s-a concretizat în urmă cu 3 ani, iar de atunci se reunesc aici, la Oradea, reputați profesori și specialiști din domeniul dreptului administrativ, cu un focus important spre contenciosul administrativ, care dezbat teme de interes pentru societatea românească.

Constituția din anul 1923 și organizarea administrativă a României întregite. Între imperativul unificării și dilemele descentralizării

Author(s): Dan Constantin Mâță / Language(s): Romanian Issue: 03/2023

In this article, the author shows that the adoption of the Romanian Constitution of 29 March 1923 represented a reference moment for the organization of public administration as well. Although the principles and general architecture of the public administration were not essentially different from those provided for in the Constitution of 1 July 1866, the political class, as well as the doctrinaires concerned with the challenges of the administrative organization of the entire territory of the country hoped that, by adopting the new Fundamental Law, the foundations of another reality of the Romanian administrative life will be laid. The author claims that the adoption of the new Constitution for the history of the Romanian public administration is more important through the windows of hope and opportunity it opened for the achievement of a broad administrative reform, built around the widened decentralization and of the effective regionalization, than through the novelty of its own provisions. The level of scientific debates in the context of the adoption of the Constitution shows us an in-depth understanding in the Romanian legal environment of the national and European constitutional and administrative phenomenon by spreading, adapting and processing the most important theories regarding the organization of the modern public administration. Seen from this perspective, the comments and the arguments of the doctrinaires of that time, around the theory of decentralization, of the principle of local autonomy or of the dynamics of regionalization, retain their full scientific value even today.

POSSIBLERECONFIGURATIONS OF SOME LEGAL CONCEPTSRELATED TO THE LEGAL ORDER AND THE RULE OF LAW IN ROMANIA DURING THE PERIOD GENERATEDBY THE COVID-19 PANDEMIC

Author(s): Valentin Stelian Bădescu / Language(s): English Issue: XVI/2022

Following the effects that the epidemiological context had on the rule of law and on fundamental rights and freedoms, we can conclude that we are witnessing transformations and reinventions of law, with classic concepts being replaced by updated formulas adapted to the vicissitudes. Also, the conceptual framework regarding the interaction between the concepts of law and the effects of pandemics has metamorphosed the legal order like a bullfight in Spain. Have you ever seen a bullfight? It's that weird brian pas time where a man kills a bull in the arena and everyone claps. I've never understood why killing an animal is fun, and I don't want to. What caught my attention is the tactic applied by the bullfighter: hehides the sword behind that red cloth and the bull, unable to understand the movement, rushes directly into the weapon aimed at him. I told you this so that you would better understand the current social phenomenon - the greatest. What is happening in the world right now is like a bullfight! The bullfighters are the lords of the planet and we common people are the bulls. You don't like the comparison, do you? Get used to it, because that's exactly what happens! The demantoid propaganda in the mass media is the red cloth that hides the weapon. Most people blindly rush to believe the hysterical screams of the authorities and the media, while behind them are hidden the true intentions of those who rule the destinies of the world from the shadows.

The Petitions Committee of the Polish Parliament (Sejm) – the Legal Basis and Practice of Functioning

Author(s): Piotr Kędziora / Language(s): English Issue: 5/2022

The article is intended to present the procedural solutions adopted in the Polish Sejm’s Rules of Procedure, the purpose of which was to specify in detail the procedure for hearing petitions in the Sejm, and thus to put the constitutional right of petition into effect. The author refers to historical attempts to statutorily regulate the petition hearing procedure. Remarks on the current statutory basis for filing petitions with the Sejm and the rules on consideration of petitions by the Sejm bodies – the Marshal of the Sejm and the Petitions Committee, are presented in the context of parliamentary practice during recent years. The author presents statistical data on petitions submitted for consideration by the Petitions Committee and the most frequently used manners of processing them in the practice of petition handling. Comments for the law as it should stand regarding the procedure for hearing petitions in the Sejm, which have been the subject of consideration in recent years, are also presented.

Citizens’ Resolution Initiative of the Inhabitants of Local Government Units in Poland

Author(s): Joanna Kielin-Maziarz,Krzysztof Skotnicki / Language(s): English Issue: 5/2022

One of the consequences of the political changes in Poland after 1989 was granting citizens the right to initiate legal acts. It has activated society’s participation in public life and contributed to building a civil society. In 1994, a citizens’ constitutional initiative was established, and, in 1997, a citizens’ legislative initiative was undertaken. The aim of the study was to present the citizens’ initiative of resolution of the inhabitants of local government units in Poland. Originally, it functioned without a statutory basis and was established by the local government units themselves. This raised doubts as to its legitimacy, which was also reflected in the judgments of voivodeship administrative courts. The practice was in favor of its universal establishment, and it also became increasingly popular, especially in communes. In 2018, all local government laws were amended to grant the residents of all local government units in Poland the option of submitting a citizens’ initiative, and it is only up to their activity whether they will exercise this right.

Participation of the Polish Senate in the Legislative Process: Towards Equal Bicameralism?

Author(s): Sławomir Patyra / Language(s): English Issue: 5/2022

The article deals with the issue of relations between the Sejm and the Senate in the procedure of exercising its legislative function by the parliament. The author points out that the current Constitution of the Republic of Poland of 2 April 1997 greatly limits the influence of the Senate on the legislative process, which refers to the Polish systemic tradition. In this way, the Constitution adopts an extremely asymmetric bicameral model, despite the fact that both chambers of parliament in the Polish system are perceived as an organ of the legislative authority. The author critically assesses the regulations in force from the point of view of the axiology of the democratic system and postulates strengthening the Senate’s position in the implementation of the legislative function.

Prawo do edukacji osób z niepełnosprawnościami w dobie kryzysu pandemii COVID-19. Czy lekcja została odrobiona?

Author(s): Małgorzata Myl / Language(s): Polish Issue: 39 (3)/2022

The paper aims to analyse and evaluate the educational situation of pupils with disabilities during the COVID-19 pandemic. For this reason, selected regulations of international human rights law that shape the right to inclusive education are presented. Secondly, the actual educational situation of persons with disabilities during the pandemic is analyzed. Moreover, selected actions of international organizations and national authorities regarding education during COVID-19 are evaluated. The research contributed to identifying the main problems that pupils, parents and teachers had to face during online education. It is demonstrated that despite the fact that inclusive education is guaranteed by international and national law, it was not effectively conducted during the pandemic. This, in turn, deepened the discrimination and exclusion of pupils with disabilities.

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: 39 (3)/2022

Wyrok Sądu Apelacyjnego w Szczecinie I Wydział Cywilny z dnia 31 marca 2021 roku (I AGa 110/20)

Author(s): Not Specified Author / Language(s): Polish Issue: 39 (3)/2022

Environmental Indemnity: Seeking Effective Mechanisms for Ensuring the Participation of Law Enforcement Agencies

Author(s): Askar Kanatovich Alibayev,Sabigul Dzhanabayevna Bekisheva,Judith Josefina Hernández García,Ana Cecilia Chumaceiro Hernandez,Alisher Serikbolovich Ibrayev / Language(s): English Issue: 5(61)/2022

Currently, there is an increase in the number of environmental violations and the environmental damage they cause. The article presents the results of the study of the legal framework and the practice of law enforcement to determine environmental damage, its scope, and possible compensation. The objective is to define the powers, functions, and roles of the agencies responsible for enforcing the law to guarantee environmental compensation. It is studied from the bibliographical, analytical, and critical review of the legal regulation, the practice of applying the law, and the scientific opinions on the compensation for damage to the environment. It is concluded that adequate environmental compensation depends directly on the activities of law enforcement agencies to identify and suppress environmental crimes and carry out administrative or criminal proceedings against offenders. The particularities of filing a civil lawsuit as a tool to repair the damage caused by an environmental crime are considered, focused on organizational and legal issues that negatively affect the effectiveness of environmental rights protection, as mentioned above, including the environmental incompetence of those who investigate crimes in that sphere and the shortcomings of judicial practice in determining the environmental damage. The main mechanisms to ensure the participation of law enforcement agencies in the calculation of environmental compensation, which has been developed in world practice, are presented. The authors made proposals for improving the existing organizational and legal framework and leveling the shortcomings of law enforcement practice.

UNCERTAINTIES IN SUSTAINABLE EDUCATION

Author(s): Sorina Mihaela Bălan,Daniel-Cornel Bălan,Liliana Bălan / Language(s): English Issue: 1/2023

"What is the educational, engineering, economic, social impact in terms of sustainable development?" this is the central question of the present work that addresses the issue of uncertainty in sustainability. The role of transformation in sustainable learning must be considered. There are not many studies that examine the extent to which transformation and learning issues related to sustainable development can be integrated. It discusses the role of education in promoting the concept of sustainability and how the link between: 1. Quality education; 2. Education for sustainable development (education for sustainable development - ESD) and 3. Education on disaster risk reduction (disaster risk reduction - DRR - education). One goal of learning is adaptive capacity. Another question we sought to answer is: "How can we best prepare for change and what role will education play in this?" Key findings, drawn from a range of international contexts, include broad evidence that education providers want to approach sustainability from an integrative perspective. This approach requires more administrative resources to develop formal and hidden mechanisms of the curriculum. We believe it is necessary for educational institutions to transform themselves to serve as models of social justice and environmental stewardship to promote education for sustainability. Because education should also aim at modules that prepare young people for the future, we emphasized concern for sustainable education through a case study that presents a proposal to revitalize the social and cultural life of the Municipality of Târgu Mureș, by the LUMINEX team. Young people want a change for the better, being concerned about the future and sustainability. In conclusion, an additional consideration is the value that both creativity and flexibility have in relation to a person's adaptability.

Gouvernance métropolitaine: les enjeux de l'institutionnalisation et de l'aménagement du territoire

Author(s): Dana Alexandru / Language(s): French Issue: 02/2022

This paper looks at metropolis models in various European countries with the aim of identifying successful models or possible limitations. The concern for this analysis is justified by the fact that the administrative legislation of EU Member States is no longer shaped only at national level but is subject to European influence in numerous ways. The challenge involved by this research was to work with a concept that is not specific to the Romanian context, governance. By examining governance issues, we tried to identify the types of administrative arrangements (metropolitan areas versus individual administrative units) that are needed at the local level to effectively manage spatial planning. We have therefore looked at how polycentric development is approached under the assumption of growing local communities, through significant urban sprawl to neighboring communities. In this context we ask whether metropolitan governance achieves its aim of creating a polycentric region and whether these policies will bring the benefits we expect. It remains to be seen whether local territorial governance becomes a sustainable mechanism and framework to produce polycentric development or rather encourages the development of unbounded urban agglomerations.

Aspecte contradictorii în legislația europeană și națională privind regimul aplicabil constituirii și funcționării bancilor de dezvoltare

Author(s): Raluca Dinu / Language(s): Romanian Issue: 1/2023

In the 2021-2027 financial programming period, it is expected that the essential role of the investment banks is represented by the implementation of financial instruments and underwriting mechanisms, both financed from European funds as a Fund administrator, as well as investment initiatives at the European Union and at international financial institutions level. In this way, the investment banks may have access to investment initiatives at the Union or international financial institutions level as mediators, through the European Investment Bank (EIB), or as partners of the European Commission, according to the provisions of the Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (Omnibus Regulation)

Regimul juridic aplicabil actelor normative emise în circumstanțe excepționale: starea de urgență și starea de alertă

Author(s): Dana Apostol Tofan / Language(s): Romanian Issue: 1/2023

Au début, l'étude examine d’un point de vue générale, la doctrine concernant la théorie des circonstances exceptionnelles, son origine, l'état d'urgence et l'état d'alerte. La doctrine de l'entre-deux-guerres est développée la théorie de l'acte de gouvernement en période de crise, acte soustrait au contrôle judiciaire traditionnel. Le contenu proprement dit de l'article concerne les différentes catégories d'actes normatifs adoptés en Roumanie, pendant la pandémie de coronavirus, en état d'urgence, pendant 2 mois et en état d'alerte, pendant environ 20 mois, institués tous les 30 jours. Ainsi, une brève analyse fait référence aux deux décrets du Président de la Roumanie, établissant et, respectivement, prorogeant l'état d'urgence. Les ordonnances militaires adoptées pendant l'état d'urgence, sur la base d'une disposition de l'O.U.G. no. 1/1999 concernant le régime de l'état de siège et de l'état d'urgence représente une autre catégorie d'actes normatifs avec une spécificité particulière. En outre, l'analyse fait référence aux actes normatifs adoptés avant la mise en place des mesures exceptionnelles déterminées par la pandémie, modifiées en 2020, aux lois adoptées par le Parlement, pendant la pandémie, mais aussi aux arrêtés du gouvernement d'établir l'état d'alerte.