Refusal to implement European social partners’ agreements: recent practice of the Commission

Author(s): Dagmara Skupień / Language(s): English Issue: 32 (4)/2020

European social partner agreements negotiated on the basis of Article 155 TFEU may be implemented at the level of the European Union at the joint request of the parties via a Council decision. Unlike the autonomous implementation, this ‘institutional’ method transforms the agreement into an EU legal act. This text analyses the refusal of the European Commission to submit to the Council, an Agreement that establishes a general framework for informing and consulting civil servants and employees of central government administrations and which was concluded within the EU Social Dialogue Committee for the Central Government Administration. It discusses the scope of the Commission’s competence to refuse to submit the agreement to the Council for implementation. Moreover, it presents a polemic on the judgment of the EU General Court that confirmed the European Commission’s broad scope of competence in refusing to submit to the Council a proposal for a decision to implement the agreement. The author argues that giving the Commission such a large margin of appreciation could undermine the European social dialogue. Moreover, the author explains why the above-mentioned Agreement should be implemented via a Council decision.

Illusory or effective? The protection provided by the Romanian authorities to stray dogs

Author(s): Tatiana-Lăcrămioara Șoldănescu / Language(s): English Issue: 1/2021

The problem that Romania has with stray dogs’ management is well known at national level, but also intensely debated internationally. The main accusation brought against Romania is the authorities’ noncompliance with the principle of minimum suffering. With the sole purpose of eliminating dogs from the streets, these authorities ignore any principles and recommendations that focus on animal protection. The legislative framework adopted without prior documentation seeks to propose superficial “solutions” with short-term effect, which divert attention and prevent awareness of the serious problem Romania and Romanians face. Romania is already harshly condemned for its national legislation and its unfortunate consequences, so we intend to understand the justification for this conviction based on the analysis of animal protection and management of stray dogs concepts.

Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 9 marca 2019 r., sygn. akt II GSK 415/17

Author(s): Dominik Borek / Language(s): Polish Issue: 3/2020

In this article, the first two points, marked with Roman numerals, are quoted on the basis of the case law of administrative courts (Provincial Administrative Court in Warsaw – WSA and the Supreme Administrative Court – NSA) discussed in the present case. Often, the facts are cited directly in the words of the courts, because in this way, in relation to the relevant documents, the facts and the decision were presented in a shortened form readily to readers. In this regard, in order to possibly broaden the knowledge, I refer directly to the decisions and judgments on the basis of which the summary and clear information was compiled.

Правна защита на околната среда чрез производството на енергия от възобновяеми източници по българското и европейското екологично право

Author(s): Georgi Penchev / Language(s): Bulgarian Issue: 2/2021

This scientific study is dedicated to the legal protection of the environment using renewable energy sources. The actuality of this problem is related to increasing trend to a global climate change and the meaning of these sources for prevention of its negative consequences. The attention is paid to legal measures for the protection of the environment through production of energy from renewable energy sources under according to the special and general Bulgarian environmental legislation, liability for its infringement, as well as to some legal acts of the European Union. Finally, some general conclusions are given from the examined regulation.

Paradise of territoriality lost: rethinking extraterritoriality in administrative law

Author(s): Jakub Handrlica / Language(s): English Issue: 3/2021

Traditionally, the scholarship of administrative law has paid only very limited attention to the phaenomenon of extraterritoriality. Hereby, the scholarship has reflected the theoretical considerations concerning the sovereignty of the State, which have implied that administrative authorities execute their functions exclusively in the territory of the State. At the same time, the scholarship of international public law has traditionally acknowledged that – as based on a corresponding international agreement – a State may allow the administrative authorities of a foreign State to execute certain functions in its own territory. This article aims to reconcile these two approaches, demonstrating that the phaenomenon of extraterritoriality has emerged to represent an integral part of the system of administrative law in various jurisdictions. This article also argues that this perception of administrative law actually fails to represent any new feature, but is based on traditional concepts existing in the public law of Europe. Thus, extraterritoriality must be considered as a part of the ius publicum europaeum commune.

THE ROLE OF PUBLIC ADMINISTRATION IN DRAWING, MANAGEING AND STORING PUBLIC DOCUMENTATION

Author(s): Elsa Zyberaj / Language(s): English Issue: 2/2021

Written documents, photographs, audio documents, electronically or otherwise are evidence of the time they were created. They eternally preserve the human memory, namely the cultural treasure, the cultural heritage of a people, region or country. The debate on the role of the public administrator in the management and storage of documentation is complex and continues to this day. The purpose of this paper aims to explore the role that public administration has in the management, storage and archiving of public documentation. The development of technology has also brought about a change in the way and administration of documentation. In this perspective, the specific purpose of this paper is the treatment and analysis of the concept of traditional and modern systematization of public documentation in state institutions. The use of historical methods, analysis, comparison will enable the finding of results and recommendations regarding the role of public administration in the management, storage and archiving of public documentation.

LEGAL NATURE OF OBLIGATIONS RELATING TO SETTLEMENTS OF 0.1% QUOTAS OF THE VALUE OF CERTIFIED WORKS OWED ACCORDING TO ARTICLE 30 OF LAW NO. 50/1991 REGARDING CERTIFICATION OF CONSTRUCTION WORKS AND 0.5 % OWED BY VIRTUE OF ARTICLE 43 OF LAW NO. 10/1995

Author(s): Adrian Țuțuianu,Florina Ramona Mureșan / Language(s): English Issue: 2/2021

The judicial practice has met with the issue of the legal nature of obligations relating to settlements of quotas of 0.1% of Law no. 50/1991 regarding certification of construction works and 0.5% owed according to article 43 of Law no.10/1995 regarding quality in construction. Classification of these obligations as to whether they are of fiscal nature or not triggers significant legal consequences relating to statute of limitations, date of which late penalties are calculated and subject matter jurisdiction of the courts of law regarding settlement of disputes.

Защита на личните данни на етапа на проектирането и по подразбиране и оценка на оценка на въздействието върху защитата на данните като способи за обезпечаване сигурността на личните данни

Author(s): Anita Borisova / Language(s): Bulgarian Issue: 3/2021

The main goal of the right to personal data protection turns out to be there security. Various instruments of the legislation can achieve this task. EU law requires the data controllers to put in place measures to implement effectively the principles of protection and necessary safeguards' integration in compliance with the requirements of the GDPR protecting the data subjects. These safeguards should apply both during processing and planning the processed activity including the means of their managing. To this end it is important to consider the state of the art, the costs of implementation, the nature, the scope and the objectives of the personal data processing, and the risks and their burden on the rights and freedoms of the data subjects, as well. Another way to ensure the data security is to carry out the protection impact assessment and to find whether the processing could lead to a risk for the rights and freedoms of individuals. The GDPR does not specify how to make the risk assessment, but rather contains a list of processing operations that are considered to pose a high risk and for which a preliminary impact assessment is particularly necessary,

O oportunitate insuficient exploatată – cererea de reducere, eșalonare sau amânare a plăţii taxelor judiciare de timbru aferente contestațiilor în materia achizițiilor publice

Author(s): Dumitru-Daniel Șerban / Language(s): Romanian Issue: 1/2022

The premise from which this article starts start is that all economic operators involved in the award procedures have the vocation to become appellants, respectively to seek the contentious mechanisms prescribed by Law no. 101/2016. In initiating their litigation, a significant obstacle that the appellants feel is the financial cost of access to specific procedures, either administrative-jurisdictional or judicial. In this context, the article proposes a comparative exposition, with the highlighting of the advantages and disadvantages of the access to the administrative-jurisdictional way (CNSC) and the contestation to the court.

CAPACITY BUILDING OF CIVIL SERVANTS IN KOSOVO

Author(s): Sadik Haxhiu,Avni H. Alidemaj / Language(s): English Issue: Special/2021

Efficient civil service remains the cornerstone for the overall social development of a country. This is of enormous importance for transitional societies facing many challenges that hinder administrative institutions development towards accountability and transparency. In Kosovo context, the capacity of civil servants to develop and implement public policies plays an essential role in determining the results of reforms and progress towards achieving certain institutional objectives. Consequently, the performance of the public administration in general depends mainly on the skills and professional capacities of civil servants. Kosovo Institute for Public Administration is an executive agency established with the purpose of enhancing the skills of civil servants through specially designed training programs. Nevertheless, professionalism remains one of the biggest challenges for the civil service in Kosovo, which is failing to fulfill its function to the extent required by legal provisions. This paper analyzes the efforts undertaken in Kosovo to increase the professional capacity of civil servants through thematic training programs. In order to achieve the objectives of the research, qualitative, quantitative, normative and comparative methods have been used to reveal the legal obligations of increasing the skills of civil servants by comparing it with the established practices.

PROPOSALS FOR LEGISLATIVE AMENDMENTS REGARDING THE ESTABLISHMENT OF THE LEGAL REGIME OF THE DECISIONS ISSUED BY THE UNIVERSITY ETHICS COMMISSION - BETWEEN NECESSITY AND URGENCY

Author(s): Laura Manea,Cristina Mihaela Salcă Rotaru / Language(s): English Issue: Special/2021

Speaking of university ethics since the first decade of the XXII century, we would be tempted to consider that the principles of academic ethics are relatively recent or that the need for regulation has become stringent in the current context of the information society, in which the detection of plagiarism, for example, is favored by internet technology. In fact, what is recent is the intervention of the legislator, including in the Romanian education system, in establishing the rules for sanctioning the violation of the principles of university ethics. The study starts from the principles of the national higher education system enunciated in art. 118 of Law no. 1/2011, analyzes the regulations of the section dedicated to university ethics in the special normative act (art. 306-310 and art. 318-326 of the National Education Law) but also of other normative acts (Law no. 206/2004) and refers to the analysis of the content and statistics of the decisions of the courts invested to rule on the appeals of decisions aimed at sanctioning deviations from university ethics. The conclusions are in the sense of the need for the legislative harmonization of the provisions incident to the activity of the university ethics commissions between the two normative acts, Law no. 206/2004 and Law no. 1/2011, at least as regards the classification of the decisions/reports of the ethics commissions between an act of labor law or an administrative act and the elimination of the ambiguity from the legal texts. Finally, are presented proposals for legislative changes deemed appropriate for legislative harmonization.

PROVISION OF PUBLIC SERVICES - PROBLEM ASPECTS OF LAW. CASE STUDY

Author(s): Valeriu Kuciuk / Language(s): English Issue: 3/2021

The author researches the field of public law, namely the subject of the the correct placement of budgetary-fiscal tasks in the Republic of Moldova, of the financial contributions that are collected from citizens, of the provision of public services for a fee by public authorities and institutions. In the research, the author used the following research methods: logical method, systemic and formal-legal analysis, comparative and generalizing methods. Following the scientific investigation, the author considers that the constitutional norms regarding the formation, distribution and use of the public budget are violated, there is an omission to regulate the financial-fiscal field which consists in the law regulating the provision of public services for a fee. In conclusion, the author comes with recommendations mentioning certain regulatory measures that could improve the field of public finances, increasing financial responsibility and discipline.

LEGAL FRAMEWORK FOR DEVELOPING RENEWABLE PROJECTS IN ROMANIA UNTIL 2030. A REAL ESTATE LEGAL PERSPECTIVE

Author(s): Simona Guțiu / Language(s): English Issue: 3/2021

Romania has an installed capacity in electrical power production units of 19,581.543 MW2. Romania has undertaken under European Green Deal to increase significantly its production capacity until 2030. As per the public available data, Romania’s renewable energy contribution to the 2030 EU level target is 30.7% of gross final energy consumption in 2030. The estimated amount of investment is EUR 150 billion for 2021 to 2030 (annually around 7% of current GDP). This investment plan implies developing of many new renewable energy power production capacities. The hereby article offers a brief analysis of the main legal institution in real estate to be applied in developing such renewable energy projects. Depending on the type of the real estate property where the renewable energy projects will be developed on, there are several significant issues that any investor should consider before commencing the development of its projects.

THE JUDICIAL PROCEDURE FOR THE CANCELLATION OF THE ALERT STATUS GOVERNMENT’S DECISIONS

Author(s): Andreea Tabacu / Language(s): English Issue: 3/2021

After the Constitutional Court’s control, by no. 392/2021 decision, it was stated that Law no. 554/2004, of administrative contentious, the basis of the judicial procedure for the cancellation of Government’s Decisions, doesn’t satisfy the idea of celerity which defines the principle of access to justice in the field of the cancellation of the alert status decision. The study aims to identify and analyze the most important problems revealed before the courts in this matter and to find solutions in order to elaborate procedural norms which are able to achieve the principle above mentioned.

RIGHT TO ADEQUATE STANDARD OF LIVING: A COMPARATIVE STUDY IN INDIA

Author(s): Prabhpreet Singh / Language(s): English Issue: 3/2021

Adequate standard of living promises the meaningful existence to human life. The life has essence when there is adequate clothing, food and nutrition, housing and the necessary conditions of care when required. Right to live the life with dignity includes in its ambit right to adequate standard of living. People should have access to basic needs for their living. World bank defines adequate standard of living inclusive of two elements: ‘The cost required to buy a minimum standard of nutrition and other basic necessities and a further amount that varies from country to country, reflecting the cost of participating in the everyday life of society.’ During last decade various international instruments have been pressing hard to right to adequate standard of living (Article 25, UDHR and SDG 11). It becomes noteworthy to see the manner in which these rights are provided in constitutions of different countries. Even when these rights find the place in the constitution it is not mandatory on the states to provide them in their respective jurisdiction. This is one such case which can be seen reflected in the constitution of India. Article 43 imposes a duty on the state to provide adequate standard of living but such a duty is not enforceable in court of law. Such rights find place only in directive principle of state policy which are not enforceable in court of law. Hence the right depends on the wishes and economic capacities of the state. Also it becomes relevant to address the manner in which judiciary protects such constitutional guarantees. As, we can see that many of these rights become a far-fetched dream for the citizens, the author strongly believe that understanding such issues from the comparative perspective would provide several benefits, including sensitising the stakeholders. Therefore, the authors would elaborate a comparative study with the perspective of India.

INTRODUCTION TO THE EPISTEMOLOGY OF LEGAL RESPONSIBILITY

Author(s): Lucian - Sorin Stănescu / Language(s): English Issue: 3/2021

According to the renowned theorist I. Craiovan, the knowledge of law cannot be situated in the contemporaneity outside the tendencies manifested in science where there are connections, interferences, transfers of concepts, methods and techniques that receive an important role in approaching the legal phenomenon and, consequently, Theory of Law, as a synthetic legal science, appeals to epistemology because: "the idea of examining by itself the activity of knowledge of law can first give the means of progress of the science of law, to improve knowledge of this phenomenon."The epistemological approach of the legal responsibility system in the methodological scheme we proposed involves, first, establishing the epistemological status of legal responsibility in the General Theory of Law and in the branch legal sciences in order to extract its epistemic features. Secondly, the study aims to reveal, for the first time, the systemic properties that legal responsibility develops as a subsystem of the great system of law, and thirdly, to discuss the conceptual changes it causes in the General Theory of the issue of legal responsibility of intelligent non-human entities, the ultimate goal being to support the epistemological status of structural concept of legal responsibility that we have promoted in the scientific field in our previous works by completing the definition we gave to this concept.

Разузнавателната общност и тайните способи за събиране на информация, за защита на националната сигурност на САЩ. Възможни решения за специалните служби и специализираното правосъдие в България.

Author(s): Ognyan Stoichkov / Language(s): Bulgarian Issue: 10/2021

One of the most detailed legal provisions regarding special services and secret ways to gather information, as well as on judicial control in the protection of national security, is that of the United States.Taking into account the different legal systems, scales and traditions, some of the normative decisions in this specific area of the American legislation can serve as a guide for future changes regarding the special services and the specialized justice in Bulgaria.

Съдебна власт - 25 години от възстановяването на Върховния административен съд

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 10/2021

Бележити юристи

Author(s): Luben Karanikolov / Language(s): Bulgarian Issue: 10/2021

Administracja porządku i bezpieczeństwa publicznego w obszarze przygranicznym Polski i Niemiec na przykładzie powiatu zgorzeleckiego

Author(s): Daniel Gotthardt / Language(s): English,Polish Issue: 2/2021

According to the tripartite division of state power - public administration, as the executive state power, apart from the legislative and judiciary, forms the structure of the state apparatus responsible for the implementation of the internal function of the state responsible for the safety of its inhabitants. It can be assumed as a universally applicable fact that every police force around the world has the same types of services, i.e. the criminal police, preventive police and police support in organizational, logistic and technical terms. In order to be able to properly cooperate on the international arena, you need to get to know your partner properly in terms of organization, personal and emotional aspects. That is why it is so important to get acquainted with the organizational structures and the possibilities of operation of individual entities or persons.According to the tripartite division of state power - public administration, as the executive state power, apart from the legislative and judiciary, forms the structure of the state apparatus responsible for the implementation of the internal function of the state responsible for the safety of its inhabitants.It can be assumed as a universally applicable fact that every police force around the world has the same types of services, i.e. the criminal police, preventive police and police support in organizational, logistic and technical terms.In order to be able to properly cooperate on the international arena, you need to get to know your partner properly in terms of organization, personal and emotional aspects. That is why it is so important to get acquainted with the organizational structures and the possibilities of operation of individual entities or persons.According to the tripartite division of state power - public administration, as the executive state power, apart from the legislative and judiciary, forms the structure of the state apparatus responsible for the implementation of the internal function of the state responsible for the safety of its inhabitants.It can be assumed as a universally applicable fact that every police force around the world has the same types of services, i.e. the criminal police, preventive police and police support in organizational, logistic and technical terms.In order to be able to properly cooperate on the international arena, you need to get to know your partner properly in terms of organization, personal and emotional aspects. That is why it is so important to get acquainted with the organizational structures and the possibilities of operation of individual entities or persons.According to the tripartite division of state power - public administration, as the executive state power, apart from the legislative and judiciary, forms the structure of the state apparatus responsible for the implementation of the internal function of the state responsible for the safety of its inhabitants.It can be assumed as a universally applicable fact that every police force around the world has the same types of services, i.e. the criminal police, preventive police and police support in organizational, logistic and technical terms.In order to be able to properly cooperate on the international arena, you need to get to know your partner properly in terms of organization, personal and emotional aspects. That is why it is so important to get acquainted with the organizational structures and the possibilities of operation of individual entities or persons.