CERTAIN ASPECTS OF THE INSTITUTION OF ADMINISTRATIVE CONTENTIOUS AS A DEFENDER OF THE FUNDAMENTAL RIGHTS OF THE CITIZEN

Author(s): Roxana Dobritoiu / Language(s): Romanian Issue: 02 Supp/2019

IN ACCORDANCE WITH ARTICLE 52 (2) OF THE ROMANIAN CONSTITUTION REPUBLISHED IN 2003 ENTITLED "THE RIGHT OF THE PERSON INJURED BY A PUBLIC AUTHORITY" "THE PERSON INJURED IN A RIGHT OF HIS OWN OR IN A LEGITIMATE INTEREST, BY A PUBLIC AUTHORITY, BY AN ADMINISTRATIVE ACT OR BY THE FAILURE TO RESOLVE WITHIN THE LEGAL TIME LIMIT OF AN APPLICATION, IS ENTITLED TO OBTAIN RECOGNITION OF THE CLAIMED RIGHT OR LEGITIMATE INTEREST, ANNULMENT OF THE ACT AND COMPENSATION FOR THE DAMAGE." ADMINISTRATIVE CONTENTIOUS REPRESENTS A LEGAL PHENOMENON THAT AIMS TO PROTECT THE RIGHTS OF CITIZENS AGAINST POSSIBLE ABUSES OF THE ORGANS OF PUBLIC ADMINISTRATION AND OF PUBLIC SERVANTS THAT WORK WITHIN THOSE BODIES.

ASPECTS RELATING TO THE EVOLUTION OF THE ROMANIAN LEGISLATION IN THE FIELD OF ADMINISTRATIVE CONTENTIOUS

Author(s): Roxana Dobritoiu / Language(s): Romanian Issue: 01 Supp/2019

ADMINISTRATIVE CONTENTIOUS IN ITS CURRENT FORM IS LARGELY THE RESULT OF HISTORICAL DEVELOPMENTS THAT TOOK PLACE GRADUALLY UNDER THE INFLUENCE OF OUR COUNTRY'S SPECIFIC NEEDS. BEING A FUNDAMENTAL INSTITUTION OF PUBLIC LAW, WHICH CARRIES OUT THE JUDICIAL CONTROL OVER THE ACTIVITY OF PUBLIC ADMINISTRATION BODIES, WHICH AIMS TO GUARANTEE THE LEGALITY OF ACTS ISSUED BY THEM, AS WELL AS RESPECT FOR THE RIGHTS AND LEGITIMATE INTERESTS OF THE PERSONS INJURED IN THEIR RELATIONS WITH THESE AUTHORITIES, IT IS IMPORTANT TO KNOWN HISTORICAL EVOLUTION OF IT IN TIME. IN A STATE OF LAW BASED ON THE LEGAL ORDER, PUBLIC ADMINISTRATIVE COURTS REPRESENT A DEMOCRATIC FORM OF REPARATION OF VIOLATIONS COMMITTED BY LAW ENFORCEMENT AND ADMINISTRATIVE AUTHORITIES, LIMITING THE ARBITRARY POWER OF THEIR TO ENSURE INDIVIDUAL RIGHTS OF CITIZENS.

REGULATORY ISSUES CONCERNING THE INTRODUCTION OF THE OFFICIAL CONCERNED IN THE ADMINISTRATIVE DISPUTED CLAIMS OFFICE

Author(s): Roxana Dobritoiu / Language(s): Romanian Issue: 01 Supp/2019

IN A STATE OF LAW BASED ON THE LEGAL ORDER, PUBLIC ADMINISTRATIVE COURTS REPRESENT A DEMOCRATIC FORM OF REPARATION OF VIOLATIONS COMMITTED BY LAW ENFORCEMENT AND ADMINISTRATIVE AUTHORITIES, LIMITING THE ARBITRARY POWER OF THEIR TO ENSURE INDIVIDUAL RIGHTS OF CITIZENS. ACCORDING TO LAW NO. 554/2004, LEGAL CLAIMS CAN BE BROUGHT AND PERSONALLY AGAINST THE PERSON WHO ASSISTED IN THE PREPARATION, ISSUANCE OR TERMINATION OF THE ACT OR WHO IS GUILTY OF REFUSING TO SETTLE A CLAIM RELATING TO A SUBJECTIVE RIGHT OR INTEREST LEGITIMATE, IF REQUIRED TO PAY COMPENSATION FOR THE DAMAGE CAUSED OR FOR DELAY.

Императивната правна уредба относно изключителната подведомственост на съдилищата

Author(s): Mladen Mladenov / Language(s): Bulgarian Issue: 5/2022

Often administrative bodies and their units and civil servants do not appropriate the job descriptions of the judiciary, but make their acts meaningless –whether before, during or after their enactment, after „рermitting” an inadmissible case, through the resources of the administration itself. The inadmissibility of such acts and actions is clearly stated in the procedural laws. Citizens, the media, or the investigating authorities must seek and identify such cases, and are making increasing efforts to protect the fundamental starting points for the rule of law – separation of powers and legal certainty.

Противоконституционна ли е разпоредбата на чл. 161, ал. 1, предложение трето от ДОПК, предвиждаща присъждане на адвокатско възнаграждение за представителството от юрисконсулт по дела срещу актове на данъчната администрация

Author(s): Peter Slavov / Language(s): Bulgarian Issue: 5/2022

After the changes in the Civil procedural Code of 2017 there is a contradiction between the regulations for similar court representation by a jurist, who is an employee of the administration – in the first case his/her representation in front of the court on a tax case and in the second – on a civil case. The regulations are given in art. 161 DPC and ar. 78 (8) CPC. This article, however, will not be reviewing the general hypothesis of appointing an Attorney-at-law on a legal representation contract, which undoubtedly exists as an option for the tax administration. It is obvious, that in the case of success, they will be entitled to the expenses which have been made in the proceedings, including the remuneration paid for an Attorney-at-Law (Barrister).In this case, the hypothesis will be considered, when the tax administration is being represented on a court case by an employee of the same administration – a jurist and the existing conflict between the Civil procedural Code and the Tax procedural Code and the possible contradiction with the Constitution of the latter, namely the regulation of art. 161 (1), sentence 3 of the TPC, especially after the changes in the CPC of 2017 (State Gazette 8/2017.The article reviews in detail the hypothesis of possible contradiction with the Constitution of the regulation of art. 161 (1), sentence 3 of the Tax procedural Code, referring to the case when a jurist – employee of the tax administration is awarded by the court the right of expenses the same as for an attorney-at-law (barrister).

По проблема - предмет на тълкувателно дело №2 от 2021 г. на Върховния административен съд

Author(s): Stefan Radev / Language(s): Bulgarian Issue: 5/2022

The article discusses interpretative Case № 2/2021 of the Supreme Administrative Court (SAC). The purpose of the work is to answer the question posed in the interpretative case, with the following tasks to achieve it: analysis of the relevant legislation, theory and interpretive practice. The methods of analysis, comparison and synthesis are applied. As a result one of the two positions of the supreme administrative judges is supported.

Някои актуални проблеми в правната уредба на клиничните изпитвания на лекарствени продукти

Author(s): Veska Gergova / Language(s): Bulgarian Issue: 5/2022

The article analyzes the legal framework on clinical trials of medicinal products under Regulation (EU) No 536/2014 of the European parliament and of the Council, in particular the authorization procedures for a clinical trial and substantial modification of a clinical trial. Both the achievements of the legislation and some gaps are discussed. They are commented in relation to the national legislation under the Medicinal Products in Human Medicine Act. Some recommendations and de lege ferenda proposals are made.

Întâlnirea consilierilor juridici ai eparhiilor din ţară ale Patriarhiei Române

Author(s): Emilian Apostolescu / Language(s): Romanian Issue: 2/2021

On 17 June 2021, the Patriarchal Palace in Bucharest hosted the Meeting of legal counsellors of the eparchies within the Romanian Patriarchate. During this meeting, participants addressed legislative aspects concerning the life of the Church and particular legal issues concerning some of the eparchies in the country. The opening address was delivered by Rev. Fr. Ionuţ Gabriel Corduneanu, Patriarchal administrative vicar, who explained the necessity of this meeting and the importance of the items on its agenda. During the first session were debated issues such as: the (recently republished) Statutory provisions that govern the organization and functioning of the Romanian Orthodox Church; the Regulations of the Romanian Orthodox Church; new legislative provisions on Church life; the national and international jurisprudence concerning religious life and religious freedom; the implementation of synodal decrees concerning various legal issues. During the second session, participants spoke about specific juridical issues of eparchies, which were debated and analyzed, which led to proposals put forth with a view to solving these problems. The legal counsellors’ meeting concluded with a work session of the Association of Orthodox Jurists (AJO), in order to sanction the membership applications, and new members were elected to be part of the management structures of this association, for another four-year tenure.

ZAKAZ DOWODOWY PRZESŁUCHANIA MEDIATORA W POSTĘPOWANIU CYWILNYM, ADMINISTRACYJNYM I KARNYM. ELEMENTY WSPÓLNE I RÓŻNICUJĄCE (UWAGI NA TLE ART. 183 4 § 2 K.P.C., ART. 83 § 4 K.P.A. ORAZ ART. 178A K.P.K.)

Author(s): Piotr Krzysztof Sowiński / Language(s): Polish Issue: 32/2021

This article concerns mediation secret and ways to protect it in civil, administrative and criminal proceedings. Although all these procedures belong to one legal order they are characterized by independence and separate legal solutions. Common elements and differentiating them solutions were indicated in this text. Both were analyzed subjective and objective scope of the injunction on evidence contained in Art. 1834 § 2 Code of Civil Procedure, Art. 96 § 2 Code of Administrative Procedure and Art. 178a Code of Criminal Procedure.

Принципите на административния процес и производството за установяване на конфликт на интереси

Author(s): Nikolaj Nikolov / Language(s): Bulgarian Issue: 6/2022

The article frames the thesis that the procedure for establishing and sanctioning of conflict of interest under the Anti-Corruption and Illegal Assets Forfeiture Act is an independent administrative procedure, to which the principles of the administrative process, formulated in the Administrative Procedure Code , are applicable.The article analyzes the objectives , content and meaning of the principles of the Administrative Procedure Code, their absolute relevance to the proceedings for establishing a conflict of interest is motivated and the application of the individual principles to production is presented.

Служебните кабинети в България – изключение или стандарт

Author(s): Ani Dimitrova / Language(s): Bulgarian Issue: 6/2022

In Bulgarian society, there is a discussion about the importance, role, place and powers of the official government, including whether this institute should continue to exist after Bulgaria is a parliamentary republic. According to the Constitution, caretaker governments ensure the functioning of the executive power and the implementation of state policy, after it is impossible to form a regular government. They are not formed by the parties and coalitions in the Parliament, but are appointed by the president, with a limited term and a specific task - to prepare and hold early parliamentary elections. Although they are appointed by the head of state, they do not change his function as a balancing, equidistant body with neutral authority.

Обратно действие за обратните несъответствия при хибридни образувания в българското данъчно право

Author(s): Stoycho Dulevski / Language(s): Bulgarian Issue: 6/2022

Law on Amendment and Supplementation to the Corporate Income Tax Act (LASCITA) has been promulgated in issue 14 dated 18 February 2022 of the State Gazette. The reverse hybrid mismatches have been introduced in the Bulgarian tax law. This was dictated by the requirements of the secondary EU tax law. It is noteworthy that their entry into force is retroactive for more than a month and a half, namely from 1 January 2022. In this regard, the question arises whether it is an appropriate legislative approach. For the purposes of this paper, attention will be paid both to the theoretical and practical aspects of substantive tax legal norm. Such analysis would be useful by subsequent amendments in the national tax legislation.

Правните системи на ЕС и САЩ в глобалната технологична среда: регулаторни подходи за защита на личните данни

Author(s): Denitsa Topchiyska / Language(s): Bulgarian Issue: 6/2022

The technological transition associated with the development of information and communication technologies (ICT) requires the coordination of regulatory mechanisms to enable the global development of digital networks and services and to stimulate economic growth. In order to seek an explanation for the differences in the approach of the US and the EU, this article aims to first analyze the modern concept of regulation in the context of regulatory factors in the digital space. The second purpose of the publication is to analyze the characteristics of the legal traditions that shape US and EU law and based on them to highlight the differences and specifics of regulatory models aimed at ICT, in particular with a view to protecting the privacy of individuals in the digital space.

Библиотеката на СЮБ представя

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 6/2022

Отговорност за вреди, причинени от трето лице

Author(s): Stefan Radev / Language(s): Bulgarian Issue: 5/2021

The material discusses several exceptions to the general principle that legal liability is personal. They are primarily implemented in the field of civil liability and have a legal basis in the Law on Obligations and Contracts and the Law on Liability of the State and Municipalities for Damages, etc. Exceptions can be grouped into two categories depending on the composition of the offense and whether or not the guilt is included. As this statement is based on the theory of strict liability.

ISTOTA TAJEMNICY UBEZPIECZENIOWEJ ZE SZCZEGÓLNYM UWZGLĘDNIENIEM ODPOWIEDZIALNOŚCI ZA JEJ NARUSZENIE

Author(s): Izabela Wysocka / Language(s): Polish Issue: 33/2021

Insurance secrecy is a public law institution that has been introduced to the private system. The purpose of this institution is to protect constitutional guarantees such as the right to privacy, and also to protect human rights. This fact gives rise to the entity’s broad liability for breach of insurance secrecy. You can see civil liability as a contractual breach and tort liability. In addition, the entity obliged to maintain insurance secrecy that violates this obligation may be affected by criminal liability, the basis of which is found in several acts. It is also worth highlighting the role of administrative responsibility, in which a breach of the obligation of confidentiality is treated as an administrative tort. Due to the above, the essence of insurance secrecy is to provide protection under civil, criminal and administrative law.

Szczególne kompetencje wojewody w okresie obowiązywania stanu zagrożenia epidemicznego albo stanu epidemii ogłoszonego z powodu COVID-19

Author(s): Wojciech Drobny / Language(s): Polish Issue: 4/2021

In the face of the COVID-19 pandemic, the legislator decided to increase the capacity of public administration to operate. Therefore, the provisions of the special act introduced additional tools for the voivode. As a result, a special type of voivode’s „command” was introduced into the legal system. He can now outsource activities to selected authorities and entities in his voivodeship. The paper attempts to locate this new competence in the catalog of legal forms of the voivode’s activity and an attempt to perform a systemic assessment of the compliance of this instrument with the existing models of administrative law.

Prawne uwarunkowania postępowania z odpadami w Polsce w okresie epidemii COVID-19

Author(s): Artur K. Modrzejewski / Language(s): Polish Issue: 4/2021

The subject of the article is an analysis of the legal solutions governing the principles of handling medical waste and municipal waste produced by people under quarantine during the COVID-19 pandemic together with an analysis of the impact of the instruments specified therein on the existing legislative solutions and the prospective effects of the adoption of these regulations. The paper analyses the current legal framework, highlighting the uniqueness of the legal institutions used (in the context of a province governor’s orders excluding local law regulations or statutory obligations, and contracts specifying the manner of performance of public tasks entrusted), as well as the impact of these regulations on the subsequent operation of waste management facilities. At the same time, a number of practical problems that may arise in connection with the application of solutions provided under the existing law have been brought to light.

Perspektywy dla informacji w administracji. Kierunki zmian w dostępie i ponownym wykorzystywaniu informacji publicznej

Author(s): ŁUKASZ NOSARZEWSKI / Language(s): Polish Issue: 4/2021

The purpose of the research conducted is to present the directions of changes in the Polish legislation on accessing and reusing public information, showing perspectives for public information in administration. The pursue of it is accompanied by a diagnosis of the most important issues in the execution of the guaranteed information powers, and also by an analysis of the judicature’s work and postulates of the doctrine in this regard. The object of the study using the method of dogmatic-legal analysis covers Polish and European normative acts, scientific publications, the case law of administrative courts and the Constitutional Tribunal. The results indicate that the issues and doubts raised concern the fundamental aspects of access to public information, as well as detailed issues related to establishing a legal framework for the principles of reusing that information. The current directions of changes fit into building administration that is based on open public data, which will not only ensure wide access to public information but will also create and gather data in a way that will allow for the further economic use of those data by the private sector. Resolving the existing problems in exercising information rights and implementing the projected changes will both pose a considerable challenge to the public administration. The conducted research allowed for formulating legislative postulates and remarks addressed to the legislator, as well as practical solutions concerning the organisation of the administration apparatus.

Zasada ogólna pisemności w postępowaniu podatkowym

Author(s): Marian Masternak / Language(s): Polish Issue: 3/2022

The subject of the article is an analysis of the principle of writing, which is one of the general principles of tax proceedings. The aim of the study is to establish and explain the essence of this principle and the requirements related to its implementation, taking into account recent changes to the provisions constituting the said principle, including the newly regulated methods of authentication of letters recorded in paper or electronic form. The author tries to answer the question whether these changes are limited to ordering and standardizing the terminology used in the Tax Ordinance and the Electronic Service Act, or whether they shape the content of the rules of writing anew. The article also includes an assessment of the current regulation and de lege ferenda conclusions regarding this principle.