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1.) Trimitere preliminară – Fiscalitate – Taxa pe valoarea adăugată (TVA) – Directiva 2006/112/CE – Articolul 41 – Achiziție intracomunitară de bunuri – Loc – Lanț de operațiuni succesive – Calificare eronată a unei părți a operațiunilor – Principiile proporționalității și neutralității fiscale. HOTĂRÂREA din 7 iulie 2022 în cauza C- 696/20 (ECLI:EU:C:2022:528), în procedura.
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The text present some Court of Justice of European Union decision on preliminary ruling requests related to VAT.
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Referral to the CJEU for the pronouncement of preliminary rulings regarding the interpretation of European Union law cannot have a purely theoretical purpose (e.g. the Court Ordinance of October 7, 2013in case C-82/13) but a necessarily practical one, such as to allow the national court to resolve the specific dispute with which it is vested. Therefore, knowledge of the judicial decisions pronounced by the national courts after receiving the answer to the preliminary question from the CJEU is very important to evaluate the implications of the CJEU jurisprudence in the law of the member states and the effectiveness of the dialogue between it and the national courts. Next, the decisions of the courts in Romania are presented in some cases in which the CJEU was referred with preliminary questions, respectively those that were resolved in the cases registered on its roll with no.C-707/18, C-716/18 and C-835/18.
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The great challenge of this century is to figure out how we can achieve development, combat climate change, conserve wildlife, and protect our common resources, in global terms, while maintaining a balance between the environment and social and economic considerations. Environmental liability, conceived by the European Union and the Member States as an instrument of administrative law in substantial and sanctioning terms, is one of the preferred for protecting the environment and ensuring sustainable development. It is a new approach to the environment as an injured party, allowing the repair of pure ecological damage, and ensuring its prevention. Given the particular characteristics of environmental damage, namely the fact that the environment is a collective good and has no geographical limits, environmental liability must focus on a cross-cutting and transnational approach. A European environmental liability regime was adopted and entered into force about 15 years ago. This work aims to assess the current usefulness of that regime and the need for its possible modification, through a comparative and critical analysis of the options took by some of the Member States, particularly Portugal, and the data available in this matter, and suggest aspects in which the regime can be improved.
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The paper examines selected decisions of the European Court of Justice concerning the dismissal from service of members of the security forces. The article focuses on members' health capacity loss. The paper also highlights related issues such as ordering and reimbursing overtime work and duty readiness. The paper points out how the European Court of Justice case law influences the decision-making activity of service officials in general. The Czech armed corps practice and case law exemplify research issues. The authors place the solution to individual questions in the broader context of legal regulation to enable a more comprehensive understanding. The authors underline the critical attributes on which the service relationship of members of the security forces is conceptually built and controlled. Considering the most significant judgments of the European Court of Justice, the authors pond over the implementation of service relationship principles into European member states' legal and managerial practice. The authors examine the mentioned challenges through desk research and analyses of European and national legal legislation and case law. In conclusion, the authors evaluate the practical service needs of the security forces concerning the medical fitness of their members. Future legislation should consider the demands for physical fitness and psychological resilience, as well as the need for digital literacy of a public servant.
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In 2001 the Freedom of Information Act (Law no. 544/2001) was adopted by the Romanian Parliament, in a sign of unprecedented openness of the beaurocratic apparatus towards its citizenry. This article answers two main questions: firstly, how did Law no. 544/2001 appear in Romania, what was the general social and political context, and what made civil society, the government and opposition at that time to cooperate for the adoption of the law? And secondly, what is the specificity of this law, which are the main traits that distinguish it as an anti-corruption tool, two decades after it entered into force?
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Digital inclusion involves the provision of equitable access to Information and Communications Technologies (ICT) to all persons for them to participate in socio-economic activities such as accessing financial services and products, education and employment. This article provides an overview of the regulation of digital inclusion in the South African ICT sector by examining the Electronic Communications Act 36 of 2005, the Independent Communication Authority of South Africa Act 13 of 2000 and the Competition Act 89 of 1998. The article also investigates the legal and related challenges that affect the promotion of digital inclusion for the poor and low-income earners in South Africa. Challenges affecting the promotion of digital inclusion in South Africa such as racial segregation, digital illiteracy, language barriers, disability, geographical limitation, poverty, low-income and affordability are discussed. This is done to recommend possible measures that could be adopted by policymakers and the relevant regulatory bodies to enhance the promotion of digital inclusion for the poor and low-income earners in South Africa.
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This introductory and exploratory study delves into the use of Artificial Intelligence (AI) systems in the public sector in Portugal. Our focus is on the role of public policies in promoting AI use in the public sector and the importance of Public Law in regulating its impact. We highlight specific provisions on regulating the public use of AI, the principle of good administration, and the transparency and justification of administrative activity carried out through AI systems. We also consider the (judicial) control of administrative activity supported by AI systems by the administrative jurisdiction, as well as the measure of the legal admissibility of AI systems' use by the public jurisdiction. Lastly, we analyze the particularities of State liability for damages caused by (public) AI systems, with a focus on the exercise of the administrative function.
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The gradual emergence of regulatory sandboxes in various jurisdictions has already triggered considerable attention of legal academia. Thus, academicians have addressed various legal frameworks, providing for regulatory sandboxes in the field of financial and energy technologies, artificial intelligence, medical products etc. In all these fields, regulatory sandboxes do currently serve as a tool for facilitating these new technologies, which could hardly emerge successfully under the rules of conventional legal frameworks. Beside identifying the advantages of regulatory sandboxes, various risks were also identified with respect to the prospective introduction of regulatory sandboxes in various fields of governance. This article aims to address the feature of ‘forum shopping’, that the spontaneous emergence of regulatory sandboxes might imply. The authors argue, that while such forum shopping will represent an inevitable implication of legal pluralism, one may also expect various attempts for the “passportisation” of regulatory sandboxes. At the same time, the authors aim to address a more theoretical question, to which extent are classical tenets of legal jurisprudence applicable to the experimental legislation?
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The exercise of discretionary power by the administration when it performs regulatory or implementation tasks may be necessary, and sometimes politically expedient. It may, however, undermine business confidence and, more generally, citizens’ allegiance to the political system. It is not therefore surprising that many governments are implementing policies for reducing or eliminating administrative discretion3 . Access to citizenship status is an important prerequisite for enjoying rights and privileges, such as migration and political rights, as well as for developing a sense of identity and belonging. Since the establishment of Union citizenship, all persons who are nationals or citizens of an EU Member State enjoy the status of EU citizenship, which confers on them a number of additional rights and privileges. However, Member States retain full control over who can be recognized as a citizen. In the last years is also a phenomenon in which member states have proposed more liberal policies related to European citizenship acquisition based on the need to revive their economies and finances or also in order to attract more working forces due to their population which is aging quite fast. The objective of this study is to analyze the discretionary power of the administrative institutions and internal policies of member states in according their citizenship in relation to their obligations toward European Union mainly after February 2022.
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The invalidity of a contract is a sanction of civil law. In a dispute, the purpose of the law, its effect and its application must be applied together to the contract in conflict with the law. The means of doing so are judicial interpretation and the application of the general clause. An illegal contract may cover several areas: contracts contrary to public policy, a rule of law, morality or fundamental principles. In such a complex legal environment, an important question is which rule is breached and which results in the invalidity of the contract. The relationship between civil law and other rules is of particular importance in the context of the use of AI, where there are a number of technical obligations for the contracting party or administrative rules governing the use of AI. In the digital environment, many sectoral rules impose prohibitions, many norms define specific requirements as well. The study examines the new paradigm of the Hungarian Civil Code of illegal contracts and focuses the judicial practice of the general clause of illegality.
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In recent years, the relationship between the private and public sectors has changed in response to the challenges posed by economic globalisation, with the PPP model guiding the two subjects from a relationship of subordination and employment to one of equality and partnership. Such a partnership model is complex but revolutionary in that the government no longer acts as a regulator alone, but also becomes a participant in the market. It is because of the involvement of public power that a well-developed PPP legal framework is particularly important to prevent the abuse of public power and the emergence of inequalities in the market. China has also introduced the PPP model to solve a range of problems arising from accelerated urbanization, to meet the massive demand for public services and infrastructure development, and to deal with the government's financial difficulties. This article analyses the main problems and challenges that China currenty faces in the regulation of PPP, before looking at ways of improving the legal framework for PPP in China, following the example of French law in this area.
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The complexity and flexibility of contract law, and its ability to meet various social, economic and technical-technological needs, are indicated by a number of theories (approaches) that offer a new approach to the processing of contracts. Among the predominant theories one might include the following: overview of contracts from a constitutional and human rights approach2 ; deriving from this the contracts related to private and family life (intimate contracts)3 ; by connecting the concepts of contract law and property rights, exploring the specific characteristics of existing contracts4 ; filling the term "digital contract type" with content5 ; classification of different kinds of interconnection of contracts (complex contracts).6 The author dedicates the study to the topic of whether Hungarian contract law can meet the challenges created by digitalization, which have not yet been identified in all its details, and what are the critical points that require consideration and action as soon as possible. After the summary of the digital legislation of the European Union the author identifies the effects of digitalization in relation to the Hungarian contract law and the special contracts resulting from digitalization. Finally, the author makes de lege lata and de lege ferenda conclusions in light of this topic.
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Název tohoto příspěvku je záměrně uvozen slovem spolupráce. Ta je totiž pro přístup Národního archivu k soukromoprávním původcům určující. Plně vystihuje podstatu toho, na čem je naše práce s těmito původci postavena. Nejde a nemůže jít o čistě direktivní přístup státní instituce, ale o součinnost, v níž jsou obě zúčastněné strany rovnoprávnými partnery. V ideálním případě si oba partneři uvědomují společný zájem na uchování té části Národního archivního dědictví, jež vzniká působením původce či jeho předchůdce. To, že vzniká vztah spolupráce, vychází do značné míry z archivní legislativy, ale vyplývá to rovněž ze zkušeností, forem a metod práce, které vůči soukromoprávním původcům Národní archiv uplatňuje.
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Report on the conference „Partycypacja w samorządzie terytorialnym" held at the Youth Astronomical Observatory on April 27-28, 2023.
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The article examines the legal phenomenon of “green claims” and greenwashing as phenomena created in the transition to a sustainable economy. The analysis identifies the key role of the sustainable finance in the green transition in the context of the greenwashing. It examines the legal framework within which scope the green claims and greenwashing fall.
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This article deals with the possibilities of obtaining administrative court legal protection at the imperial/national level during the Weimar Republic. Characteristic for this epoch of German administrative jurisdiction is the formation of numerous specialized administrative courts. As an example of this practice, the following article focuses on the Antitrust Court as a typical special administrative court of the Weimar period. However, it begins with the changes in administrative jurisdiction in general that resulted from the new Weimar Constitution, which gave administrative courts constitutional protection for the first time in German legal history. In addition, the paper outlines how this new constitutional framework was received by scholars and had an impact in practice. However, the proclamation of a German Republic after World War I, not only changed the constitution, but also meant that the administration was confronted with completely new challenges. How the German administration responded to this new situation is also briefly outlined in order to provide a better understanding of the importance and scope of the administrative courts' activities at the national level. The article focuses on the antitrust court and in particular on its competences and available remedies. These two parameters of court organization provide information on whether the Antitrust Court was actually an institution committed to legal protection or whether the effectiveness of the administration was the guiding idea that shaped the activity of the Antitrust Court.
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The article aims to present Herman Lieberman’s parliamentary activity in the years 1922–1926, concerning the enactment and amendment of the act on the Supreme Administrative Tribunal of 3 August 1922. The main reason for exploring this problem is the fact that his parliamentary activity, focusing on the first Polish administrative court, was omitted from his memoires and his official biography, written by Artur Leinwald. Apart from that, the topic of this article coincides with the centenary of the Supreme Administrative Tribunal. Furthermore, this publication shows how the Sejm and the Supreme Administrative Tribunal operated before the may coup of 1926, because afterwards the new executive was progressively forcing the Supreme Administrative Tribunal to cooperate with government and to support state policy. The greatest number of sources concerning Lieberman’s parliamentary activity in the interwar period can be found at the Sejm Library’s website. Therefore, the methodology for writing this article consisted in the analysis of the bills and protocols of the Sejm, the Constitutional Committee, and the Legal Committee. These sources show that Herman Lieberman was very involved in the legislative work concerning the Supreme Administrative Tribunal. Analysis of these documents makes it possible to conclude that the parliamentarian was a great supporter of setting up this court in Poland. Herman Lieberman was sure that the Supreme Administrative Tribunal would be the guarantor of the protection of individual rights and freedoms.
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The subject of the following article is an analysis of the reasons for the low sustainability of so-called landscape resolutions. A landscape resolution is a new tool for landscape protection, introduced into the legal order in September 2015 by an act amending certain acts in connection with the strengthening of landscape protection tools. It can be adopted by the municipal council on the basis of 37a of the Acts of Parliament, which includes the authorization to determine, by way of a resolution — constituting an act of local law — the principles and conditions for the location of small architectural objects, billboards and advertising devices and fences, as well as their dimensions, quality standards and types of construction materials of which they can be made. Landscape resolutions adopted to date are very often the subject of supervisory and administrative court reviews, as a result of which about 25% of all adopted resolutions have been invalidated. The main grounds for invalidating landscape resolutions are doubts about the scope of normalization of the resolutions and the issue of the lack of compensation mechanisms in the case of violations of property rights by landscape resolutions. The article analyzes the aforementioned premises and evaluates the existing case law on landscape resolutions. As a result of the research, it was shown what the key reasons for the low sustainability of landscape resolutions are. This article was developed on the basis of the current legal regulations contained in the Law on Spatial Planning and Development, particularly in its Article 37a. In doing so, the existing body of literature and case law was used.
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This article addresses the issue of advertising of medicinal products from the perspective of protecting the consumer’s interest. As the research problem of the article was chosen to reconstruct the normative pattern of indirect consumer protection against incompatible with the provisions of PrFarm advertising of medicinal products directed to the public. The paper uses the dogmatic-legal method. In order to be able to solve the research problem posed, it was necessary to analyze the current state of the law with reference to doctrine and case law. The chosen research method made it possible to answer the research questions posed in the study concerning, among other things, whether the current form of supervision of advertising of medicinal products (or more precisely: supervision of the legality of advertising of medicinal products) is sufficient, and whether the patient/consumer is effectively protected from inconsistent PrFarm advertising of medicinal products directed to the public. As a result of the study, it was concluded that the current regulations on supervision of advertising of medicinal products to the public are not sufficiently effective, as they do not sufficiently protect the interests of the consumer. The above made it possible to propose changes to the current regulations in the form of introducing ex ante control of advertising of medicinal products to the public.
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