The legality of acts of local law restricting the possibility of pursuing circus activity with the use of animals in Poland

Author(s): Grzegorz Lubeńczuk / Language(s): English Issue: 55/2022

The article is of a scientific-research nature. It aims to assess the admissibility of solutions applied by local authorities in Poland intended to limit the possibility of organising circus shows involving animals in the context of statutory provisions which indicate the possibility of lawful pursuit of such activities, as well as the provisions of the Constitution of the Republic of Poland of 2 April 1997 and the provisions of the Act of 6 March 2018 Entrepreneurs’ Law, which express the principle of economic freedom and guarantee the right to undertake and pursue an economic activity on an equal footing. This assessment is based on an analysis of the acts adopted by local government authorities to limit the possibility of organising circus shows involving animals based on the case-law of Polish administrative courts processing complaints lodged by circus operators. This analysis allowed identification of the scope of possible activities of local government authorities and the formulation of conclusions on the need to prohibit the use of animals in circus activities.

Uprawnienia procesowe powiatowego (miejskiego) rzecznika konsumentów w postępowaniu w sprawach o wykroczenia – wybrane zagadnienia praktyczne na gruncie wykroczenia z art. 114 ust. 1 ustawy z dnia 16 lutego 2007 r. o ochronie konkurencji i konsumentó

Author(s): Anna Mlostoń-Olszewska,Amadeusz Małolepszy / Language(s): Polish Issue: 55/2022

A municipal consumer spokesman can be a public prosecutor in the misdemeanour procedure. He can submit a lawsuit for the consumer, but he can also support the consumer’s lawsuit. In most of the proceedings, his status and permissions are not treated equally. It happens in the misdemeanour procedure based on Art. 114 paragraph. 1 u.o.k.k. which treats about the fees, related to not taking into consideration the spokesman’s opinion. The purpose of this article was to show the discrepancies and their impact on the statutory tasks performed by the consumer spokesman. The authors postulate that the consumer spokesman should be empowered as a public prosecutor in lawsuits where the Art. 114 paragraph. 1 u.o.k.k. is taken into consideration. The authors claim also that the misdemeanour is based on Art. 114 paragraph. 1 u.o.k.k. can be replaced with an administrative penalty for the entrepreneur who fails to fulfil his obligation.

Wykonywanie zadań publicznych przez Państwową Inspekcję Sanitarną w czasie pandemii COVID-19. Refleksje i postulaty

Author(s): Tomasz Bojar-Fijałkowski / Language(s): Polish Issue: 57/2022

The period of the COVID-19 pandemic in Poland significantly affected the scope and the form, quality, and availability of public services. The State Sanitary Inspectorate, an institution with an interesting and long history, responsible for public health activities, experienced these changes in two ways, being responsible for pandemic activities, but also like any organization, any public administration unit, operating in a situation of lockdowns and limitation. The hypothesis of the representativeness of the State Sanitary Inspectorate for the public administration, as well as for the health units, makes it possible to put forward some postulates. The aim of this article is to analyze the changes occurring in the process of performing public tasks during a pandemic, observed in the example of the State Sanitary Inspectorate, which can, however, be seen as symptomatic of public administration as well as health services. The experience of the COVID-19 pandemic remodelled the functioning of the State Sanitary Inspection. In the first place, staffing, budgetary and technical deficiencies became apparent. The postponement for years of a well-prepared and comprehensive program of digitization of public administration had a negative effect. At the same time, dissatisfied customers used the regulations on access to public information, among others, to obstruct the state’s activities. The crisis management system did not work. The case of the performance of public tasks by the State Sanitary Inspectorate during the COVID-19 pandemic in Poland provokes a wider discussion about the structure of government administration and the division of its tasks.

Suburbanizacja oraz kontrurbanizacja jako wyzwania dla gmin

Author(s): Piotr Ruczkowski / Language(s): Polish Issue: 57/2022

The aim of the study is to answer the question of whether the basic unit of local government (municipality) has any effective tools at its disposal to counteract the negative effects of suburbanisation and counterurbanisation. Nowadays, suburbanisation is understood primarily as a process of spreading cities to the neighboring suburbs (so-called “urban sprawl”). The negative effects of suburbanisation, i.e., financial, social, environmental and other costs, are borne primarily by municipalities which have to build additional infrastructure and provide adequate public services. Counterurbanisation consists in changing the purpose and function of parts of the city (especially their centers) which become sales, service, entertainment, and administrative centers, with the simultaneous outflow of permanent residents into the suburbs. It may also have negative consequences. An argument can be put forward that the negative consequences of suburbanisation and counterurbanisation may be mitigated by the proper use of the existing planning and spatial development tools or new planning instruments. Such tools and instruments may even increase the effectiveness of municipalities in spatial development planning.

O wnoszeniu podań na adres poczty elektronicznej organu administracji publicznej (o problemie „zwykłego” e-maila)

Author(s): Weronika Szafrańska / Language(s): Polish Issue: 57/2022

As a result of the changes introduced by the legislator in the Code of Administrative Procedure, since 5 October 2021 the authorities are obliged to leave unexamined the letters submitted to an e-mail address of the public administration authority, i.e., sent from a private mailbox. To this point, the practice of the authorities, led by the case law developed in administrative courts, consisted in calling for the signature to be supplemented, either in the form of an electronic signature or in the form of a handwritten signature under a printed letter. However, this view was not adhered to uniformly. As it turned out, the above-described amendment to the content of Article 63 § 1 of the Code of Administrative Procedure causes many problems in practice. The purpose of this paper was to analyze the changes that have taken place in recent years in relation to the possibility of submitting applications electronically from the perspective of using a private mailbox, as well as to answer the question of whether the described change of regulations can be considered desirable and optimal. In the course of her deliberations, the author came to the conclusion that this was a step unfavourable for citizens, often resulting in a failure to meet the deadline for lodging an appeal, which could, however, be restored when it was assumed that failure to inform the party by the authority, during the pending procedure, about the proper way of submitting applications, would be treated as a violation of the principles of deepening citizens’ trust in the official authority and the information principle.

O drogach niechcianych w związku z funkcjonalizmem dróg publicznych i procedurą kaskadową

Author(s): Dominik Tyrawa / Language(s): Polish Issue: 57/2022

The concept of unwanted roads is a concept that has appeared in the practice of Polish road law in connection with the cascade procedure, as well as the development of road infrastructure in our country. The aim of the article was a thorough analysis of these solutions, especially in terms of the latest views of the doctrine and the latest jurisprudence of administrative courts. The conclusions to be formulated are not of a positive nature. It seems that, in particular, voivodeship and powiat self-governments still inappropriately apply these provisions, which translates into a number of threats, especially in the field of legal safety, infrastructure safety and the safety of road users.

ИНВЕСТИЦИЈЕ У ГРАЂЕВИНАРСТВУ У ВАНРЕДНИМ СИТУАЦИЈАМА – КОРИСТИ И РИЗИЦИ

Author(s): Ljubica Nikolić / Language(s): Serbian Issue: 94/2022

In this paper, the author analyzes the effects of an emergency situation, primarily the COVID-19 pandemic, on investments in construction industry. In Serbia, the expansion of construction industry continued in the conditions of the COVID-19 pandemic. Based on the risk assessment that accompanies construction projects and the actions of the state to reduce pandemic disturbances, we can conclude that the short-term effects of state measures in construction industry have supported the implementation of construction projects. The first pandemic wave affected a change in the project management strategy aimed at adapting to the changed circumstances. However, the long-term economic consequences of the pandemic are still difficult to observe. Long-term pandemic effects emerge as a consequence of structural disorders, the so-called “multiplied” negative effects, which are the result of the connection between economic flows and activities. The more economic segments are affected, the more multipliers there will be; moreover, there are compensatory effects (e.g. the expansion of the pharmaceutical industry, production of computer equipment, etc.). The complex interaction of related economic activities determines the initial result of individual economic entities, which will affect the profitability of future construction projects. The biggest incentive for construction industry in our country is the introduction of the Central Register of Unified Procedures (CRUP). By using this system, complete documentation required for construction and use of facilities may be submitted and issued online in e-form.

Међународна научна конференција „Деловање институција система у ванредним ситуацијама: искуства и изазови“, Правни факултет Универзитета у Нишу, Ниш, 20. и 21. април 2022. године

Author(s): Bojana Arsenijević / Language(s): Serbian Issue: 94/2022

CAZURILE DE INADMISIBILITATE A ACŢIUNII ÎN CONTENCIOS ADMINISTRATIV PRIN PRISMA LEGISLAŢIEI REPUBLICII MOLDOVA

Author(s): Eduard Boisteanu,Dumitru Dumitraşcu / Language(s): Romanian Issue: 09/2022

If an administrative activity violates a right or a freedom established by law, this right can be claimed through an action in administrative procedures. The right of action in administrative procedure is not an absolute right, for its exercise being imposed certain premises and conditions. The admissibility of an action in administrative proceedings depends on whether the plaintiff complied with those premises and conditions for the exercise of the right of action. If the plaintiff does not comply with them, then the administrative action will be declared inadmissible and the court will not examine the case. In this article we examine the premises and conditions for the exercise of the action in administrative proceeding, also we establish the cases in which the administrative action is inadmissible.

The Use of the Mother Language in Relation to the Local Public Administration Authorities. Comparative study Romania – Republic of Moldova

Author(s): Mihaela Săftoiu / Language(s): English Issue: 15/2022

In the relationship with the public administration authorities, the language used by the citizens represents an important aspect, a true binder on which depends the complete and unequivocal understanding of the rights and duties of the parties and the efficiency and effectiveness of a productive citizen-authority dialogue of the local public administration. In the moldovan legislation, Law nr. 436/28.12.2006 on the local public administration does not contain express provisions regarding the language used in relation to local public authorities, but there are provisions that bring to the fore the direct relationship between citizen and local public authority, for example through public consultation of certain issues of local interest, unrestricted public access to the State Register of local acts and others. In the Romanian legislation, provisions regarding the language used by citizens in relation to the local public administration authorities are in the Administrative Code, which, in various chapters, makes numerous clarifications regarding the official language and the language of national minorities, the communication of administrative acts of a normative nature and those of individual character, the use of the language of national minorities in the functioning of the city council and county council, as well as many common and transitory aspects. With few exceptions, the Administrative Code refers to the share of citizens who are part of a national minority that exceeds one fifth of the number of inhabitants within the respective administrative-territorial unit. An important aspect in the analysis of the way in which the mother language is used in the relationship of citizens with the public administration authorities in Romania is the signing of the European Charter of Regional or Minority Languages on 17.07.1995 and its ratification by Law no. 282 from 2007.

Юридическа характеристика и последици на стажа като стажант-юрист по чл. 294 от Закона за съдебната власт

Author(s): Byliana Stoychovska / Language(s): Bulgarian Issue: 3/2021

There is a new Ordinance regulating licensing to practice law, effective 01.01.2020, issued in connection with the amendments and supplements of the Judiciary System Act as of August 2016. The article explains the legal characteristics of the internship under Article 294 of the Judiciary System Act, the standing of a legal intern and the legal consequences of the internship as a legal intern, its certifying, and it makes suggestions de lege ferenda as well.

Правомощия на полицейските органи да задържат граждани

Author(s): Vladimir Minchev / Language(s): Bulgarian Issue: 3/2021

The article analyzes the current problems in detaining citizens under the law on the Ministry of Interior. Foreign experience in police detention has also been studied and legislative amendments have been made. The case law of the ECHR on the issue is also analyzed.

Становище на Съюза на юристите в Бългaрия за последваща оценка на въздействието на Закона за кадастъра и имотния регистър и подзаконовата нормативна уредба, касаещи създаването, воденето и съхраняването на имотния регистър в Република България

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 3/2021

Actualitate europeană – Martie-Aprilie 2022

Author(s): Oana Dimitriu / Language(s): Romanian Issue: 5/2022

The section includes a presentation of the legislative process of the EU institutions, the procedures for drafting the European legislation, particularly the activity of the European Parliament, the EU Council and the Commission, and of the political events in the EU with legislative impact.

Actualitate internaţională – Martie-Aprilie 2022

Author(s): Bogdan Aurescu / Language(s): Romanian Issue: 5/2022

The section includes a presentation of the most important cases brought before the International Court of Justice, the International Criminal Court and the Special Criminal Courts and also a review of the treaties or agreements concluded, the conferences being organized and the celebration of significant events with both international and national impact.

EXECUTAREA SILITĂ A INSTITUŢIILOR ŞI A AUTORITĂŢILOR PUBLICE

Author(s): Andrada-Georgiana Marin / Language(s): Romany Issue: 10/2022

In this article we intend to deal, without exhausting, with the subject of the enforcement of public institutions and authorities, namely the method of enforcement of a claim against a debtor represented by a public institution and/or authority, in the light of the provisions of Government Ordinance no. 22/2002 and the Code of Civil Procedure, with emphasis on enforceable titles to which the extended electronic signature has been applied, the costs of enforcement and the censorship of the latter.

UNELE ASPECTE CU PRIVIRE LA ADMINISTRAŢIA PUBLICĂ A MUNICIPIULUI BUCUREŞTI ÎN CODUL ADMINISTRATIV

Author(s): Flavia Lucia Ghencea / Language(s): Romany Issue: 10/2022

The development of the Administrative Code was also awaited with interest from the perspective of the regulations regarding the administration of the Municipality of Bucharest. This is because the necessity of rethinking the legislation regarding the administration at the capital level was constantly stated, which constantly posed problems more and more difficult to solve and with long-term negative effects. The present paper aims to analyze the regulations contained in the Administrative Code regarding the organization and operation of public administration institutions at the level of the Municipality of Bucharest. The study considers a comparative approach to the old regulation regarding the organization of local public administration existing until 2019, at the appearance of the code both through the prism of the content and following a series of jurisprudential aspects derived from the practice of the local elections of 2020, the first held under the empire the new regulations. Following the events, we find that the legislator's option is not sufficiently rigorous, nor comprehensive, which, in practice, leads to complicated situations. And, in this situation, consequently, the one who loses the most is the citizen. We conclude with a series of ferenda law proposals, taking into account possible changes that can be carried out relatively easily, with the idea, however, of a special law of the capital resulting from a sustained analysis and collaboration between specialists from the public administration and other fields of interest in urban development, citizens, institutions and civic organizations involved in the life of the city.

LIBERAREA DE RĂSPUNDERE PENALĂ PENTRU CIRCULAŢIA ILEGALĂ A DROGURILOR, ETNOBOTANICELOR SAU ANALOGILOR ACESTORA - LEGISLAŢIA ŞI PRACTICA REPUBLICII MOLDOVA (PARTEA I)

Author(s): Andrei Nastas,Sergiu Cernomoret / Language(s): Romanian Issue: 10/2022

The principle of humanism invokes the need to focus the entire legal regulation on the protection, as a matter of priority, of the person as the supreme value of society, its rights and freedoms. On the other hand, focusing on the subject of the crime, the same principle, imposes the negative obligation of the state to avoid causing physical suffering or harming human dignity. The transposition into law of the principle of humanism has theirs through the institutions of release from liability and criminal punishment. We draw attention to the fact that the release from criminal liability, although it has its legislative headquarters in the General Part of the Criminal Code of the Republic of Moldova, is also found with reference to some components of crimes in the Special Part of the Criminal Code of the Republic of Moldova. The normative regulations from article 217, paragraph (5) of the Criminal Code of the Republic of Moldova, represent a particular case of the release of criminal liability for the illegal circulation of drugs, ethnobotanicals or their analogues. The conditions imposed for the application of the latter are of a dual nature and concern the application of the institutions of material and procedural criminal law. We exclude the possibility of assessing this legal-criminal institute, as an exception to the rule of passivity of criminal liability. Its value, in our opinion, lies in the need to prevent and combat crime aimed at the illegal circulation of drugs, in addition to the possibility of applying the criminal law, with strict observance of the principle of legality and humanism. In this study, we aim to analyze the criminal regulatory framework on the release of criminal liability for the illegal circulation of drugs, ethnobotanicals or their analogues, as well as the experience of judicial practice in the application of this institution.

Administrarea probelor în procedura administrativă necontencioasă din perspectiva codificării procedurii administrative

Author(s): Maria-Loredana Haiduc / Language(s): Romanian Issue: 5/2022

The absence of the evidence regulation and their means of administration in the non-contentious administrative procedure, makes the activity of the public authorities susceptible of committing some abuses. We believe that a regulation of evidence in the future Administrative Procedure Code is the solution to this problem. Thus, under the conditions of a clear, unitary regulation, the public administration authorities will be able to fulfill their mission.

OBSERVAȚII ASUPRA PUTERII DISCREȚIONARE A ADMINISTRAȚIEI PRIN PRISMA PRINCIPIULUI PROPORȚIONALITĂȚII

Author(s): Anghel-Marian Pop / Language(s): Romanian Issue: 2/2022

With the evolution of modern state, its functions have multiplied, reaching to regulate most aspects of the daily life of citizens. As a result, the legislature has given public authorities more and more discretionary powers to ensure the functioning of the state apparatus, powers which, if left unattended, could have more disadvantages than benefits. To this end, courts in countries where the rule of law has been strengthened have developed judicial review instruments such as the principle of proportionality in order to reduce the intensity of the discretionary power of the authorities. This study aims to highlight the link between discretion and the principle of proportionality in the current domestic legal context, as we try to explain the main reasons why discretion has become so important in the administration's activity, what exactly does it entail, and the ways in which the administrative bodies exercise it.