Examen selectiv din practica judiciară a Secţiei de contencios administrativ şi fiscal a Înaltei Curţi de Casaţie şi Justiţie
Decizia nr. 2355/5 iunie 2015 Înalta Curte de Casaţie şi Justiţie - Secţia de Contencios Administrativ şi Fiscal
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Decizia nr. 2355/5 iunie 2015 Înalta Curte de Casaţie şi Justiţie - Secţia de Contencios Administrativ şi Fiscal
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Decizia nr. 542 din 26 februarie 2016 – Înalta Curte de Casaţie şi Justiţie, Secţia de contencios administrativ şi fiscal
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Decizia nr. 718 din 11 martie 2016 – Înalta Curte de Casaţie şi Justiţie, Secţia de contencios administrativ şi fiscal
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Decizia nr. 2716 din 20 octombrie 2016 – Înalta Curte de Casaţie şi Justiţie Secţia de contencios administrativ şi fiscal Decizia nr. 2727 din 20 octombrie 2016 – Înalta Curte de Casaţie şi Justiţie Secţia de contencios administrativ şi fiscal (Decizia nr. 2728 din 20 octombrie 2016 – Înalta Curte de Casaţie şi Justiţie Secţia de contencios administrativ şi fiscal)
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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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Public international law faces new challenges. So far, several countries have signed dozens of FinTech Cooperation Agreements (CAs), which aim to promote closer cooperation in the field of FinTech but also to promote innovation in financial services. States interested in moving forward in this area are keen to deepen bilateral and multilateral FinTech cooperation to facilitate trade, investment and ecosystem development in the FinTech market sector. At the international level, the focus is on supporting the mutual establishment (between states) of FinTechs that want to expand globally to help the industry navigate its evolution. Another purpose of the FinTech treaties is to standardise information about emerging market trends and the sharing of experience from each jurisdiction. This includes collaboration in areas such as blockchain and distributed ledger technology, digital identities, cross-border data connectivity, data portability and the application of FinTech to promote sustainable finance. Within the European Union, new financial technologies underline the objective already set out in the Treaty of Rome - to achieve a single market for capital under the corollary of financial stability and security and consumer protection. This modern type of treaty continues the tradition of concluding trade agreements and supports the economic environment with local, regional and global opportunities arising from the digital boom that is crossing borders, reshaping industries and transforming economies in the region. In the face of these challenges, public international law is performing its regulatory function. To produce this article, we have used a prospective and feature-identifying method that promotes consistency of hypotheses.
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This article presents some reflections concerning GD no. 298/2021 for the approval of the preliminary theses of the Code of territorial planning, urbanism and constructions. The analysis regards the most important aspects that will be included in the future Code that will bring together the normative acts already existing in this field.
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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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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 most striking expression of the social fact is the social norm. Man's social existence cannot be conceived without norms, mainly moral, religious and legal, that regulate and even determine the behavior of the human person in the social environment. The existence of any individual as a social being presupposes a series of obligations exercised throughout his life cycle, materialized in a series of norms, some of which complement each other, others appear contradictory to others, being specific to different interest groups. This system of rules is a condition for the existence of society's life, a mechanism that requires good management of human relations and removes the imminent danger of chaos. Social norms are imposed, promoted and perpetuated by several methods that we will analyze in our study Regardless of the field they regulate, social norms contain rules addressed to individuals, describing and detailing the ways in which values must be translated into legitimate behaviors and accepted by society. As social relations are extremely varied, a diversity of social norms that regulate these relations is also outlined. Thus, the system of social norms consists of the following groups: ethical norms, ordinary norms (customs), corporate norms, religious norms and legal norms. There are also technical norms that are not part of social determinism because they do not regulate social relations. Regarding the complex relationship between the normative legal system and, on the other hand, society, it can be seen that currently the legal system tends to have its own functional autonomy, apart from the objective or subjective determinations that society transmits. The autonomy of the judiciary tries to transform itself from a secondary, phenomenological and ideational structure, into one with its own reality, with the power to impose its order on the social and natural order. In this study we also analyze aspects of the work of normative codification.
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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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Primul Parlament postdecembrist, instituit în urma alegerilor din mai 1990, a adoptat o nouă lege fundamentală, promovând, într-o manieră incontestabilă, principiile statului de drept şi cele mai înalte standarde privitoare la drepturile şi libertăţile fundamentale ale cetăţenilor. Noua Constituţie a fost adoptată de Adunarea Constituantă în cadrul şedinţei din data de 21 noiembrie 1991, cu o majoritate confortabilă de voturi, deşi unele formaţiuni politice s-au pronunţat împotriva acesteia.
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Decizia nr. 3418 din 7 noiembrie 2017 – Înalta Curte de Casaţie şi Justiţie, Secţia de contencios administrativ şi fiscal Decizia nr. 3425 din 7 noiembrie 2017 – Înalta Curte de Casaţie şi Justiţie, Secţia de contencios administrativ şi fiscal Decizia nr. 3419 din 7 noiembrie 2017 – Înalta Curte de Casaţie şi Justiţie, Secţia de contencios administrativ şi fiscal
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The paper presents the public office in terms of modalities and conditions of access, the author offering a practical, experiential perspective, but also a theoretical one on the concepts used in the management of the civil servants. The research is useful both for those interested in the access to public office and for civil servants in the process of developing their careers. In terms of novelty and originality of the research approach, we appreciate that it is a valuable one, compared to the low number of scientific investigations and the insufficient level of development of existing knowledge on the phenomenon studied: modalities and conditions of access to public office.
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Decizia nr. 4649 din 18 decembrie 2018 – ÎNALTA CURTE DE CASAŢIE ŞI JUSTIŢIE – Secţia de Contencios Administrativ şi Fiscal Decizia nr. 4599 din 17 decembrie 2018 – ÎNALTA CURTE DE CASAŢIE ŞI JUSTIŢIE – Secţia de Contencios Administrativ şi Fiscal Decizia nr. 4595 din 17 decembrie 2018 – ÎNALTA CURTE DE CASAŢIE ŞI JUSTIŢIE – Secţia de Contencios Administrativ şi Fiscal Decizia nr. 4499 din 13 decembrie 2018 – ÎNALTA CURTE DE CASAŢIE ŞI JUSTIŢIE – Secţia de Contencios Administrativ şi Fiscal
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Decizia nr. 211 din 18 ianuarie 2019 – Înalta Curte de Casație și Justiție – Secția de contencios administrativ și fiscal Decizia nr. 1270 din 12 martie 2019 Înalta Curte de Casație și Justiție – Secția de contencios administrativ și fiscal Decizia nr. 251 din 23 ianuarie 2019 Înalta Curte de Casație și Justiție – Secția de contencios administrativ și fiscal Decizia nr. 2753 din 23 mai 2019 Înalta Curte de Casație și Justiție – Secția de contencios administrativ și fiscal
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Governmental legislative procedure with parliamentary legislative procedure are the most important types of legislative procedures and sources of absolute majority of legal acts. Therefore all amendments to these procedures are worth analysing to verify an impact on quality of drafting legal acts. The article describes main changes introduced to Polish governmental legislative procedure from 2015 to 2021. During this period the current political majority created government who was able to reform the procedure according to defined needs. The subject of science interest determines historical legal analysis as the main methodology. There were three main amendments introduced to the governmental legislative procedure during this period: reducing the role and finally cancelling assumptions of a draft bill as a separate type of pre-legislative document; reducing the possibility of Team of Government Work Programming to block on early stage of the procedure any of draft bill; extending of the scope of bodies participating in interministerial consultations. All presented changes shall be found as having negative influence on legislative procedure coherence. Regardless of the assumptions of their authors the changes are going to weaken the position of a prime minister and bodies subordinated to a prime minister. Despite all critical remarks the author of the article emphasizes there are no important difficulties for a government to play its crucial role at submitting draft bills to the parliament.
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This article addresses the issue of the interpretation of tax law in the field of income taxes in Poland, which is prima facie based on the general rules of the legal system. However, it also shows some differences, which are visible, among others, in agreements on the avoidance of double taxation. The reasons for this state of affairs can be found mainly in the integrative nature of tax law. The interpretation of the tax law affects the limitation of the ownership right guaranteed in the constitution. Interference in the sphere of ownership of a citizen forces the legislative authority to maintain high quality and respect the principles of legislative technique. Moreover, the provisions of the tax law should not create a legal situation causing excessive disproportion between the protection of the public interest (the fiscal interest of the state) and the private interest (the interest of the taxpayer). At this point, it should also be emphasized that the effect of the interpretation of tax law should correspond to the economic processes taking place in a given country. Legislation in the field of tax law should therefore take into account the proper functioning of the financial market, profit maximization, economic risk, current market trends and general rules for running enterprises.
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