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Žalobní bod jako esenciální náležitost žaloby proti rozhodnutí správního orgánu a jeho řádné vymezení

Author(s): Kateřina Frumarová / Language(s): Czech Issue: 2/2021

The article focuses on one of the essential elements of the complaint against a decision of an administrative authority, which is a „point of claim“. The Code of Administrative Justice defines it very generally, so its proper formulation often makes it difficult for complainants in practice. The case law related to this issue is highly case-study and in some respects inconsistent. The author therefore provides a detailed analysis of what can still be considered a point of claim and what can no longer be considered. Furthermore, the attention is paid to the court‘s procedure in relation to the elimination of the defect of the complaint consisting in the nondefinition of (at least one) claim point. There is also an analysis of possible additions, extensions or narrowings of the claim points during the proceedings.

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Rozložení důkazního břemene v daňovém řízení

Author(s): Jana Janderová / Language(s): Czech Issue: 2/2022

The tax entity has to prove in principle all the facts that he is obliged to state in the tax claim during the tax proceedings. The burden of proof therefore falls on the tax entity much more strictly than on the participant in other types of proceedings. Should the tax authority wish to refute the facts proved hereby, such disproving evidence must be provided by the tax authority. The article analyzes situations in which the burden of proof is distributed between them, particularly in cases of transfer pricing, VAT fraud and alleged abuse of law. The approach of Czech courts is compared with interpretation of the European Court of Justice.

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Historie volebního soudnictví

Author(s): Tereza Kučerová / Language(s): Czech Issue: 2/2022

Elections play a very important role in modern representative democracies. In democratic political institutions, elections have a number of important functions, for the fulfillment of which it is necessary that the elections are democratic and free, so that electoral machinations and fraud do not occur. The electoral judiciary serves to protect these basic principles of a democratic state. It is important to remember the development of the electoral judiciary, as it can serve as a positive or negative inspirational basis in the case of creating new legislation.

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Veřejné opatrovnictví - soukromé právo a přenesená působnost

Author(s): Zbyněk Vočka / Language(s): Czech Issue: 2/2022

The paper focuses on the resolution of the Supreme Administrative Court of May 2021, in which this court dealt with the character of public guardianship. The Supreme Administrative Court claims that public guardianship is not an exercise of delegated powers.

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Formy činnosti Národní rozpočtové rady

Author(s): Michal Kozieł / Language(s): Czech Issue: 3/2022

The National Budget Council is an independent professional body that operates in the field of fiscal and budget policy. Its main task is in particular to draw attention to the fulfillment of fiscal rules and also to evaluate government policies with regard to the long-term sustainability of public finances, through various forms of activities such as opinions, studies, reports, communications, etc. Recently, this body has been very busy , because as a result of the COVID-19 pandemic and the war conflict in Ukraine, it seems that public finances in their current form are unsustainable in the long term. The aim of this article is to present the ways in which the National Budget Council can carry out its activities,

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Místní poplatky z pohledu posledních legislativních změn

Author(s): Taťána Zelenská / Language(s): Czech Issue: 3/2022

Local charges have a very specific position within the charge system of the Czech Republic. Municipalities decide on their introduction in the so-called independent jurisdiction in the form of a generally binding decree. However, municipal authorities already carry out the administration of local charges as part of the transfer of competence. The article is focused on legislative changes in this area in the last years.

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Unele consideraţii referitoare la sfera obiectului de reglementare şi domeniul de aplicare ale Codului administrativ

Author(s): Anton Trăilescu / Language(s): Romanian Issue: 03-04/2020

We examined herein certain general provisions of the Administrative Code, distinguishing the categories of legal relationships representing the object of the regulation of this legislative act, as well as its scope, considering the capacity of the subjects of these legal relationships. To this end, we examined the categories of legal relationships covered by the provisions of the Administrative Code, systematized by matters, revealing those exempted from this framework regulation, as well as the public administration structures generating these legal relationships. As regards its scope, we demonstrated that the provisions of the Administrative Code are extended also to all these categories of legal relationships, no matter whether they are exclusively developed between the public administration authorities (institutions) or between them and any particulars.

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Consideraţii referitoare la stabilirea şi modificarea, prin hotărâre a Guvernului, a normelor privind cariera şi mobilitatea înalţilor funcţionari publici

Author(s): Irina Alexe / Language(s): Romanian Issue: 03-04/2020

One of the categories of civil servants for whom essential changes in the applicable regulatory framework have taken place over time, is the category of senior civil servants. Many of these changes were determined by the interference between the members of this category and policy makers. The recent Government Decision no. 934/2020, dedicated, amongst others, to the career and mobility of senior civil servants, was the starting point of our analysis that aims to answer some questions regarding especially the solutions chosen to regulate, at secondary level, the applicable regulatory framework. This endeavor takes into consideration the fact that several decisions of the Romanian Constitutional Court specify, for other categories of civil servants, that such rules are essential to the status of civil servant and that, in accordance with constitutional provisions, they must be regulated by Organic Law. At the same time, in our analysis we emphasize the importance of predictable regulations, given that legal uncertainty affects the career and, implicitly, the lives of senior civil servants, and we propose some solutions for a coherent regulation that provides legal security.

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Consideraţii cu privire la întinderea efectelor suspendării executării actelor administrative cu caracter normativ

Author(s): Alexandru Mitră / Language(s): Romanian Issue: 03-04/2020

Although relatively brief, the provisions of Law of administrative disputes no. 554/2004 have received various interpretations in the practice of the courts from the moment said law has entered into force. The legal questions which have been generated by said provisions have been, for the most part, resolved, either by receiving a unitary interpretation from the courts over time, or following a resolution given in the context of rendering a preliminary decision for resolving certain matters of law or, by case, that of an appeal in the interest of the law. Hereinafter, we intend to analyze a matter sometimes encountered in the practice of the courts, which we believe has not yet received a unitary resolution, namely the way in which a judgment regarding the suspension of a normative administrative act takes its effect, as regards to the recipients of said administrative act.

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Verginia VEDINAŞ, „Codul administrativ adnotat. Noutăţi. Examinare comparativă. Note explicative”, Ediţia a II-a, revăzută şi adăugită, Editura Universul Juridic, Bucureşti, 2020

Author(s): Emilia Lucia Cătană / Language(s): Romanian Issue: 03-04/2020

Review of: Verginia VEDINAŞ, „Codul administrativ adnotat. Noutăţi. Examinare comparativă. Note explicative”, Ediţia a II-a, revăzută şi adăugită, Editura Universul Juridic, Bucureşti, 2020

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Oliviu PUIE, „Tratat de contracte administrative şi contencios al contractelor administrative în contextul Codului administrativ şi al actelor normative interne şi unionale”

Author(s): Ioan Lazăr / Language(s): Romanian Issue: 03-04/2020

Review of: Oliviu PUIE, “Treaty on administrative contracts and the contentious nature of the administrative contracts in the context of the Administrative Code and of the domestic and Union legislative acts”, Universul Juridic Publishing House, Bucharest, 2020

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THE COMPETENCES OF PUBLIC ENVIRONMENTAL PROTECTION AUTHORITIES IN CASE OF NATURAL DISASTERS

Author(s): Elena Mădălina Paşcalău / Language(s): English Issue: 1/2022

Given that in recent years extreme weather phenomena, increasingly frequent, increased seismic activity and the COVID-19 pandemic, have had disastrous effects on Europe, we considered it necessary to develop an analysis of how the national disaster management system and its components manage, in real time, a crisis situation. In the content of this article, we highlighted the main normative acts that regulate the environmental protection activity at national level, we proceeded to a brief classification of the types of disasters specific to our country, we detailed the functioning of the National Emergency Management System and we presented the attributions of the central public institutions with a pivotal role in the field of environmental protection in case of natural disasters. In order to write this analysis, we used, cumulatively, the logical, comparative and historical method, to carry out a precise research of the legislation and jurisprudence with applicability in the field of environmental protection in case of natural disasters.

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THE LEGAL NATURE OF THE CONTRAVENTION AND ITS INFLUENCE ON THE NULLITY OF THE RECORD OF FINDING THE CONTRAVENTION

Author(s): Raluca Antoanetta Tomescu / Language(s): English Issue: 1/2022

In the current system of Romanian law, as in other European countries, the contravention was removed from the scope of criminal law, which is subject to an administrative regime, the option of the Romanian legislator being, obviously, to give it an independent character. Although it enjoys its own regulation, the contravention is still marked by the influences of the old regulations, in which it was assimilated to criminal matters, and the current normative framework is supplemented with the imperatives of the Civil Code, the Criminal Code, but also those of the Code of Civil Procedure. Thus, located at the border of several branches of law, a state of ambiguity was created, which was reflected in a nonunitary application of the law by the courts. In judicial practice, when the nullity of the record of finding and sanctioning the contravention was invoked, the solutions given were divergent, not only regarding the nature of the nullity that operates, but also regarding the imperative of showing an injury that can only be removed by annulment of the act. Consequently, the present study aims to analyze the conditions in which the record of finding the contravention is sanctioned with the nullity and influence of other branches of law on them, as well as the difference between the annulment of an administrative act that harms a right or a legitimate interest of the person and the nullity of the legal act concluded with the non-observance of the legal conditions provided for his validity.

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PRACTICAL CONSIDERATIONS ON THE ADMISSIBILITY OF THE PLEA OF ILLEGALITY IN ADMINISTRATIVE LITIGATION

Author(s): Anamaria Groza / Language(s): English Issue: 2/2022

The plea of illegality allows the control of the legality and validity of individual administrative acts, without any time limit. At least, the literal and grammatical interpretation of article 4 of the Law on Administrative Litigation leads to such a conclusion. Unfortunately, the case law “has created” several limitations on the use of this judicial review tool, and most of them do not have a solid legal basis. The protection of the res judicata principle, but also other situations that would circumvent the legal regime of the action for annulment, as well as the broad category of fiscal-administrative acts were considered grounds for the inadmissibility of the plea of illegality, administrative acts outside its scoper espectively. What is worse is the fact that the limitations in question may constitute restrictions on the right of access to justice, more precisely to the procedural route of the plea of illegality. The study aims to analyze the legal basis of the cases of inadmissibility of the plea of illegality, created by case law and their compliance with the will of the legislature. The author’s goal is to produce a paradigm shift with regard to this legal institution and to increase its degree of effectiveness. The research conducted is descriptive and explanatory, underpinned by relevant case law and doctrine.

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THE INFORMATICS INTEGRATED SYSTEM FOR THE ROMANIAN CIVIL STATUS DOCUMENTS – PRACTICAL CONSIDERATIONS AND APPLICABILITY TO THE CONSULAR OFFICES OF ROMANIA

Author(s): Lucica Tudoran,Anis Benabed / Language(s): English Issue: 2/2022

Romanian public administration (The Ministry of Interior) is involved in a huge project meant to computerize most of the public activity. This ambitious project is meant to create an informatics system putting together all the Romanian civil acts regarding the four-life events birth, marriage, divorce and death. This paper aims to study how the Romanian authorities are managing this digital process and what is the level of implementation of this project together with its applicability to the Romanian consular sector, which represents nowadays one of the greatest Romanian civil administrations, due to the massive well-known Romanian immigration. It should be said that there is no literature in this field and everything that will be written in this article is based on online open sources and the personal vision on this matter. The methods utilized are therefore the qualitative and quantitative analyses of data found in public sources: legislation, press releases or official sources (internet pages of the public institutions). The global vision that wants to transmit this article is a pragmatic one. Behind any abstract analyses of how things could be done better, we should determine concrete that could really work in the sector.

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PUBLIC-PRIVATE PARTNERSHIP ESSENTIAL TOOL FOR GREEN DEAL

Author(s): Lidia-Lenuța Bălan,Lavinia Monica Dan / Language(s): English Issue: 2/2022

This paper aims to highlight an incursion and an analysis in the legislative package of Green Deal measures from the perspective of preventing and combating climate change and environmental degradation in order to meet zero greenhouse gas emissions targets by 2050 and sustainable economic growth. The analysis is made from the perspective of reconfiguration and economic transformation to ensure a lasting and lasting coexistence for present and future generations, but without affecting the environment, human health and the planet, with a focus on innovation and digitalization and having as main tool investments. through the prism of public-private partnerships. An essential tool for climate and environmental investments. The paper also considered the fundamental role of young people by involving them in actions to promote public-private partnerships with a role in educating them to prevent and combat climate change and environmental protection.

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THE DIMENSIONS OF THE RULE OF LAW ACCORDING TO THE CONSTITUTIVE ACTS OF THE EU AND THE LISBON TREATY REGULATIONS OF THE RULE OF LAW IN EUROPEAN DOCUMENTS

Author(s): Iulian Nedelcu,Paul-Iulian Nedelcu / Language(s): English Issue: 3/2022

In the construction of Europe, the rule of law is considered the foundation of all the values on which the European Union is based, and its observance is an indispensable condition for the observance of the other values of the Union, in other words, of its existence. In Article 2 of the Treaty on European Union, we find the provision that the rule of law is one of the fundamental values on which the Union is founded, which is joined in the text by respect for human dignity, freedom, democracy, equality and respect for human rights, including the rights of persons belonging to minorities. Given the importance attached to this principle, it is only natural to remain concerned and to ensure that all Member States comply with it at all times and that it is constantly monitored. In recent years, in various states, amid complex external situations and due to the economic crisis felt worldwide, there have been political actions considered to be "at the limit of the law", which were considered to affect the rule of law. All this has forced the Union to take concrete measures to strengthen the rule of law in order to prevent democratic slippages that could jeopardize the security of European construction. We will refer below to the regulations contained in the content of the Treaty of Lisbon applicable in situations of deviation from the rule of law.

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ELABORATION OF THE DRAFT DECISIONS OF THE LOCAL COUNCIL / COUNTY COUNCIL ON THE INITIATIVE OF THE LOCAL ELECTED OFFICIALS, RESPECTIVELY OF THE CITIZENS

Author(s): Nicolae Roș / Language(s): English Issue: 1/2022

The exercise of the local legislative initiative was regulated by Law no. 141/2004 for the amendment and completion of the Law on local public administration no. 215/2001.Until the publication of Law no. 141/2004, the citizens could have legislative initiative only at national level. Law no. 141/2004 comes to remedy the omission of the legislator and expressly confers the right of citizens to initiate draft decisions of local and respectively county councils, for promotion being necessary the support of at least 5% of population with the right to vote from the respective administrative-territorial unit Therefore, every citizen has the right to promote a legislative initiative with the condition that is supported by other citizens by through materialized adherence on a list of signatures.

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RELATIVITY IN THE FREE USE OF COPYRIGHT OBJECTS UNDER THE THREE-STEP TEST

Author(s): Manol Stanin / Language(s): English Issue: 3/2022

The free use of works by third parties is placed in normative dependence on three conditions which together form a legal basis for the free use of copyright objects without the consent of the author and payment of remuneration. This process is accompanied by the specifics of each case, given the relation author-object of artistic intellectual property, expressing his creative individuality and hence the needments that determine his legitimate interests in the work he created - the object of intellectual property. The admissibility of free use is also relevant to other dynamic quantities that characterize the matter subject to legal regulation. Maintaining a fair balance between the rights and interests of copyright holders and users of protected objects depends on compliance with the new electronic environment, as well as the proper and unhindered functioning of the internal market in the field of copyright and related rights. Legal relevance is given to another dynamic relation with elements of technological development and its consequences associated with the existence of new forms of use of copyright objects. The systemic conditionality of the above-mentioned factors predetermines the application of a systematic method of scientific research to find acceptable and effective solutions in the legal framework of the free use of works. These are circumstances that together form the preconditions for arguing relativity in the free use of works.

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Bogdan Dima, „Proceduri administrative necontencioase”, Editura C.H. Beck, București, 2021

Author(s): Mihai Băeșu / Language(s): Romanian Issue: 04/2021

Review of: Bogdan Dima, „Proceduri administrative necontencioase”, Editura C.H. Beck, București, 2021

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