Search results for: european law in All Content

The Adjustment of Special Seizure to the European Criminal Law

The Adjustment of Special Seizure to the European Criminal Law

Author(s): Monica Pocora / Language(s): English / Issue: 1/2010

Keywords: safety measures; additional penalties; legal nature; confiscation by equivalent

Responding to international requests, Romania has recently modified the internal regulation as regards special seizure, generalizing the possibility of confiscation by equivalent. Special seizure in comparative law has a special legal status, appeared controversies concerning the true legal nature of special seizure. Thus, the majority view is that seizure is a special criminal sanction, not that of a criminal sanction, more as part of additional penalties than as part of safety measures.

European Law within the Tax Evasion Area

European Law within the Tax Evasion Area

Author(s): Carmen Sirbu,Alina Beatrice Raileanu,Alina Nuţă,Dan Ariton,Florian Nuţă,Doinita Bebi Ariton / Language(s): English / Issue: 02/2010

Keywords: tax competition; tax haven; tax harmonization

This article present the tax evasion problems in European Union framework, Union that must be equilibrium state among other tow concepts: fiscal harmonisation and fiscal competition. The measures that are justified to be taken in the name of harmonization may be considered as obstacles for the fiscal competition among member state and can conduce to the tax evasion.

Polish Bibliography of International and European Law 2014

Polish Bibliography of International and European Law 2014

Author(s): Author Not Specified / Language(s): English / Issue: 34/2014

Bibliography of Polish authors publishing in the area of international (public and private) and European law (2014)

European Union Policy and Law Related to Urban Environment

European Union Policy and Law Related to Urban Environment

Author(s): Maria Magdalena Kenig-Witkowska / Language(s): English / Issue: 63/2016

Keywords: European Union; urban environment protection; environmental policy; environmental legal measures

The paper, based on policy documents and legal acts, presents an overview of the EU policy and law related to town and cities environment. The European Union recognizes the role that urban areas play in the lives of many Europeans and committed itself to act in this field. The EU and especially the European Commission (DG Environment) has been intensively acting on improving the urban environment in a number of ways. The overview of the EU policy and law on urban environment shows that the European Union is committed to make European towns and cities healthy and attractive to live. A key feature of many EU’s policies and laws on environment are measures aimed specifically at protecting the urban environment. The EU acts in a number of important ways in this field, setting policies, adopting legal measures, setting standards and providing financial resources for protecting urban environment.

Polish Bibliography of International and European Law 2015

Polish Bibliography of International and European Law 2015

Author(s): Author Not Specified / Language(s): English / Issue: 35/2015

Bibliography of Polish authors publishing in the areas of public or private international law and European law (2015)

The principle of good faith in European and national insurance law

The principle of good faith in European and national insurance law

Author(s): Katica Tomić / Language(s): English / Issue: 4/2016

Keywords: Insurance Distribution Directive; good faith; utmost good faith; Civil Code; Insurance Contract Act

In recent years, insurance markets have become more dynamic due to deregulation of insurance industry, globalization of insurance institutions, increased competition, technological progress, changing customer behavior and regulatory activity, which have greatly intensified in recent years in response to the global financial crisis. In the wake of the global financial crisis, additional measures aimed at enhancing consumer protection were passed in Europe. These include the Insurance Distribution Directive (IDD) and the Markets in Financial Instruments Directive (MiFID II). The IDD contains numerous innovations compared with the Insurance Mediation Directive (IMD Directive 2002/92/EC), including a new conduct requirement for the insurance distributors to „always act honestly, fairly and professionally in accordance with the best interests of the customer“. The main concept behind this rule is that an insured shall only be able to make right decision when he is clearly informed on services offered (and their risks) and distributors can only provide services to clients in accordance with clients’ best interests once they became fully familiar with a kind of a customer that they are dealing with. Most of the EU Member States have a civil law system, with the general clauses of fairness and good faith. EU Member States shall implement the IDD into national law, therefore it is arguable that they should decide whether these standards are mere synonyms of the existing general clauses, or these standards are different from those clauses.

Normative Regulation of Banking Union in European Monetary Law

Normative Regulation of Banking Union in European Monetary Law

Author(s): Marko Dimitrijević / Language(s): English / Issue: 2/2017

Keywords: banking union; financial stability; the European Central Bank; monetary law; repair mechanism

The subject of analysis in this study is the identification and analysis of the normative framework of a future banking union in the Economic Monetary Union. In this sense of the word, the research emphasis is on the issues concerning the need for establishment of a banking union, the prerequisites that must be met in both the national and the EC law, the advantages and disadvantages of using this supranational coordination mechanism of economic policy and its functions in terms of financial and economic disorders. In next paragraph, attention is paid to the new tasks of the main EU institutions in the process of implementation of the banking union, primarily European Central Bank, European Commission and European Parliament, where a general conclusion notes a need for their active role in implementing the concept of a banking union would not thus preserve legal certainty and to ensure optimal consumer protection, property, rights of depositors and conservation of overall economic stability.

Common European Union Army Under the Constitutional Law of European Union

Common European Union Army Under the Constitutional Law of European Union

Author(s): Radim Doležal / Language(s): English / Issue: 1/2016

Keywords: Armed Forces; Army; Common Foreign and Security Policy; Constitutional Law; Division of Powers; EU; European Armed Forces; European Army; European Security and Defence Policy; European Union;

Essay explores the legal possibility of creation of unified armed forces of the European Union. Essay analysis the possibility from the point of view of EU constitutional law. Primary focus of essay is the competence of EU. First, a question of division of powers between the EU and Member States is addressed. Second, a question of concrete legal basis for exercise of the determined power is addressed. As a secondary problem, essay explores the question of sovereignty of Member States and whether it would be infringed. Essay gives arguments why creation of unified European Union armed forces is legal and why it does not infringe the Member States’ sovereignty.

The relationship between law, ratified agreement and the EU law in the light of the Polish Constitution and application of the EU law by public administration in Poland

The relationship between law, ratified agreement and the EU law in the light of the Polish Constitution and application of the EU law by public administration in Poland

Author(s): Marta Woźniak / Language(s): English / Issue: 4/2017

Keywords: law; ratified agreement; EU law; Polish Constitution; public administration

The article makes a presentation of the relation between legal acts belonging to the so-called foreign orders and the national law at the level of regulation contained in the Constitution of the Republic of Poland and the problem of application of the EU law by the Polish administrative authorities. The ratified international agreements and acts of the EU law are sources of administrative law and must be applied by the public authority of Member States. The article deals with two issues: the relationship between the international law and national law in the light of the Polish Constitution and application of the EU law by public administration in Poland. These issues can be dealt with separately but have a number of tangent points. The author does not aspire to present a comprehensive discussion of these issues, but intends to point out some aspects. It has been argued that the standard of application of international law by public administrations (which is also the accession treaties) and the EU law depends on how the constitution regulates the issue of international law relation to the domestic law. In Polish jurisdiction (the Constitutional Court and the Polish Supreme Administrative Court) the practice of respecting the principle of primacy of the EU law as well as the principle of a community of interpretation of this law has been established.

Is there possible an European criminal law?

Este posibil un drept penal european ?

Author(s): Flaviu Ciopec / Language(s): Romanian / Issue: 2/2009

Keywords: European criminal law; Directives and regulations; harmonize legislation

The author analyses the possibility to create a European criminal law. The Europeanization of criminal law means a few very concrete things, both when it comes to its legitimacy and efficiency. Unlike framework decisions, which involve unanimity, directives and regulations are adopted upon qualified majority. The European Parliament is competent in co-deciding, hence an increased democratic legitimacy. Directives and regulations have a direct effect, unlike framework decisions. The Commission may initiate the “infringement” procedure against member states, in order to compel the former to respect their obligation to harmonize legislation. Member states may also incur financial responsibility for breach of European provisions.

LAW AND CULTURE - EDUCATIONAL PROPOSAL IN FIELD OF EUROPEAN UNIVERSITY EDUCATION

ПРАВО И КУЛТУРА – ЕДНО ОБРАЗОВАТЕЛНО ПРЕДЛОЖЕНИЕ, ОТ КОЕТО НЕ МОЖЕМ ДА СЕ ОТКАЖЕМ ЕВРОПЕЙСКОТО ПРОСТРАНСТВО НА ВИСШЕТО ОБРАЗОВАНИЕ

Author(s): Juan Manuel Blanch Nougués / Language(s): Bulgarian / Issue: 2/2016

Keywords: law; philosophy; historical development; teaching; interdisciplinary debate; cultural dialogue;

In the article is presented the connection between the law and the philosophy and its dimensions in the modern legal education. The attitude of the professors in the law faculties must be open towards an interdisciplinary debate and permanent cultural dialogue. The historical roots of every discipline must be pointed out, because they can explain it‘s significance and particular autonomy from other matters.

Collective Redundancies - Romanian and European Axes

Collective Redundancies - Romanian and European Axes

Author(s): Volosevici Dana / Language(s): English / Issue: 1/2006

Keywords: law; trade unions; international law;

Collective redundancies constitute an important concern for the trade unions, but also for the Europeanstates in order to assure the social protection and in the end the social stability of the union. Employmentis firmly related to industrial relations and the industry means progress; consequently, Europe realisedthat it is impossible to have progress without a labour force protected in case of dismissal especially foreconomic reasons. The Romanian society was significantly restructured after 1989 and the Europeanand national social context imposed the implementation of a legal frame concerning the collectiveredundancies.

TYPES OF EMPLOYMENT CONTRACTS IN THE EUROPEAN UNION LABOR LAW

TYPES OF EMPLOYMENT CONTRACTS IN THE EUROPEAN UNION LABOR LAW

Author(s): Roxana Radu / Language(s): English / Issue: XIX/2018

Keywords: employer; worker; individual labor contract; employment relationship; Member State;

An individual contract of indefinite duration is the rule in the matter of establishing working relations. Other types of individual employment contracts – the fixed-term employment contract, the temporary work contract and the part-time contract – ensure, on the one hand, the fulfillment of certain needs of the employer and, on the other hand, the reconciliation between family and professional responsibilities of workers. Because of the insecurity of jobs that employers’ abuse of fixed-term, temporary or part-time employment contracts can make permanent, European Union rules explicitly provide for situations where such contracts can be concluded, general rules and minimum conditions which must be observed in the event of their conclusion. Regarding the employment and working conditions, workers with a fixed-term individual employment contract, temporary workers and part-time employees will not be treated less favorably than permanent and full-time workers on the basis of the specific period of the individual contract or the length of the working time, unless different treatment is justified for objective reasons.

SCIENCE OF LAW - SCIENCE OF KNOWLEDGE ELEMENTS OF CONSTITUTIONAL LAW (I)

SCIENCE OF LAW - SCIENCE OF KNOWLEDGE ELEMENTS OF CONSTITUTIONAL LAW (I)

Author(s): Emilian Ciongaru / Language(s): English / Issue: 10/2018

Keywords: law; theory of law; constitutional law; comparative law; justice;

Since in philosophy and the general theory of law, as well as in specific theories of the branch the conceptof law is deemed to be almost impossible to define in accordance with the classical rules of Aristotelianlogic, by reference to the genus proximum et differentia specifica, it is preferable to explain the concept oflaw from a cultural, empirical and etymological perspective, the benefit of such an analysis consisting inshowing specific constants of social perception and that of the human spirit, regardless of culture, in a broadsense, in which we place ourselves.

EUROPEAN UNION LAW AND THE CHALLENGES OF CLIMATE CHANGES

EUROPEAN UNION LAW AND THE CHALLENGES OF CLIMATE CHANGES

Author(s): Ana Batrićević / Language(s): English / Issue: 79/2018

Keywords: European Union; climate changes; environment; ecology; environmental law

The European Union is the party of key international documents dealing with the issue of climate changes: the United Nations Framework Convention on Climate Change, the Kyoto Protocol and the Paris Agreement. Moreover, the European Union has designed a rich legislative framework dedicated to the prevention of climate changes and the suppression of their negative consequences, including numerous decisions, directives, thematic strategies and action programmes. Their main purpose is to minimise and control the emissions of greenhouse gases, in order to contribute to the minimisation of pollution, increase of energy efficiency and the mitigation of negative consequences of climate changes. The reports on the implementation of the aforementioned documents confirm that the application of the measures prescribed by various sources of acquis in this field has given positive results in the European Union countries. However, they also show that climate changes still represent a serious challenge for the legislators as well as for all the other entities whose activities can contribute to this environmental phenomenon. Having in mind the fact that the Republic of Serbia is anticipating the opening of the Negotiation Chapter 27, dedicated to environment and climate changes, the author of this paper analyses relevant international documents of universal character signed by the European Union, sources of the European Union law that are significant for facing climate change as well as the reports on achieved results when it comes to combating climate change at the European Union level. The author also discusses international obligations of the Republic of Serbia in this area, its current progress in this field as well as the steps that our country has to take in the future in order to fulfil these obligations.

Application of the European Arrest Warrant by the Polish Law Enforcement

Application of the European Arrest Warrant by the Polish Law Enforcement

Author(s): Tomasz Słapczyński / Language(s): English / Issue: 4/2018

Keywords: European arrest warrant; EU law; criminal law; criminal proceedings; international cooperation

The European Arrest Warrant (EAW) is undoubtedly the result of the introduction of cross-border simplified court proceedings. In its regulations, suspects and accused persons are transferred for the purpose of prosecuting offenses or executing a sentence of deprivation of liberty or a detention order involving the deprivation of liberty. A European arrest warrant issued by a judicial authority of a Member State is valid throughout the territory of the European Union. The beginning of its application in Poland dates from 1st January 2004. It replaced the extradition procedure, which was previously applied by the member states of the Union. The mechanism of the EAW is based on the principle of mutual recognition of judicial decisions and is applied in all EU Member States. It is based on the principle of direct contact between judicial authorities. Authorities using the warrant are obliged to respect the procedural rights of suspects and defendants, that is, the right to information, to a lawyer, to an interpreter, etc.

REGULATORY SCOPE OF SIX PACK IN EUROPEAN MONETARY LAW

REGULATORY SCOPE OF SIX PACK IN EUROPEAN MONETARY LAW

Author(s): Marko Dimitrijević / Language(s): English / Issue: 2/2019

Keywords: monetary law; Six Pack, European Semester; European Commission; monetary stability

The subject of the analysis in this paper is the analysis and assessment of the regulatory reach of the Six Pack in the monetary law of the European Union. In this respect, the emphasis of the research is on issues related to the need of coordination of the concepts of economic policy of the Member States at the supranational level as a prerequisite for the effective European monetary law and functions and tasks established by the European Semester as the new institutional mechanism of coordination created in the conditions of the global financial crisis. In the further text, the focus of research is on the objectives of the regulations and directive within the Six Pack, which have made the most serious changes to the monetary laws of the Member States and established new competencies of the European Commission and the European Court of Justice in the field of monetary stability, where the general conclusion is the need for their active role in applying the concept of a European semester in order to preserve legal security and ensure the acquest of the international monetary order.

The Development of Modern Budgetary Law in the European Legal Culture

The Development of Modern Budgetary Law in the European Legal Culture

Author(s): Zolt Pfeffer / Language(s): English / Issue: 2/2020

Keywords: Budget; budgetary law; expenditures; revenues; taxation; Hungary;

The states have to use public funds. It is a fundamental problem how can a state acquire money for fulfilling its obligations and tasks and how can it spend these funds properly. Basically two sides can be separated and scrutinized: the expenditures and the revenues. During the historical development the monarchs had fundamentally the power to make decisions in fiscal questions: they could prescribe taxes (contributions) and spend money without any restriction, public finances and the private wealth (expenditures) of the ruler weren’t separated. Later the orders and the parliaments vindicated different rights to restrict the power of the monarchs: they could offer the taxes and since than the rulers couldn’t impose taxes without their contributions. These very important restrictions appeared in different fundamental laws (for example in the Magna Charta Libertatum in England). It was very essential that the expenditures should be controlled as well. The next huge step was accordint to that the acquisition of the right to make detailed prescriptions on the field of expenses. In constitutional democracies many legal resources regulate the field of budgets in modern states: different principles and detailed provisions prescribe the requirements of acquisition and the spending of funds. The current financial decisions appear in the annual detailed budgets which are accepted and their execution are controlled by the parliament on the base of publicity and transparency. This paper scrutinizes the development of the legal frames of the budgets.

Analysis of the Law of Falling Rate of Profit: European Case

Analysis of the Law of Falling Rate of Profit: European Case

Author(s): Víctor M. Fernández-Aguilera,Ignacio Amate-Fortes,Almudena Guarnido-Rueda / Language(s): English / Issue: 2/2022

Keywords: Marxian economics; falling rate of profit; panel data analysis;

This work aims to analyse the existence or non-existence of a decreasing rate of profitin Europe and determine the factors influencing it according to the Marxist theory of profitability. To do so, a panel data model was estimated for seven European countriesover more than 60 years (from 1960 to 2021, inclusive). The results obtained allow usto verify the tendency for profitability to fall, which could lead the capitalist system to fail.

‘Pandemic Criminal Law’ in Continental European Legal History

‘Pandemic Criminal Law’ in Continental European Legal History

Author(s): Vid Žepič / Language(s): English / Issue: 2/2022

Keywords: Plague law; criminal law; Pestordnungen; pandemic; health magistrates; plague spreaders; Holy Roman Empire; Dubrovnik; Italy; quarantine; sanitary cordon; Roman law.

The article outlines the development of official criminal policy against the spread of infectious diseases, especially the plague, in continental Europe from antiquity to the end of the 18th century. The crimes and their punishments are presented on the basis of city statutes, early modern penal codes and contemporary legal doctrine. Surprisingly, even though European countries faced devastating plague pandemics, no significant criminal-law related state intervention in pandemics took place until the 16th century, except in a number of coastal cities of the Mediterranean and northern Italian cities. The prosecution of sanitary crimes was the business of sanitary magistrates, who were in charge of wide criminal jurisdiction. The ‘pandemic criminal law’ was characterised by harsh penalties resembling martial law, criminalisation of both commission and omission, intentional and negligent offences, and the departure from the principle of legality when it was already an established legal principle.