We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
The article analyses the question of the introduction and building of the one of the newest institutional “agencies” of the European Union – the External Action Service. It offers the detailed elaborate of the historical and normative background of the introduction of the EEAS, the competences and instruments of this service and its role within the foreign policy of the EU.
More...
You have just received the first issue of the journal “European Studies. The Review of European Law, Economics and Politics“. It is a peer reviewed periodical in the form of year-book of the Czech Association for European Studies, which intends to become an impact journal in the future.
More...
Czech subsidies on production of electricity from renewable energy sources represent a sensitive and highly discussed topic in the Czech Republic, in particular where photovoltaic power plants are concerned. The legal viewpoint is not necessarily limited to only the constitutional and criminal-law implications. The issue is also of great interest from the systemic and theoretical viewpoints, especially where assessed comprehensively in the context of the EU law and, simultaneously, in conjunction with the public international law. The protection of investments into photovoltaic power plants is often protected under international law by bilateral treaties. However, the subsidies itself may not be under certain occasions in accordance with the EU law which put the two in conflict that must be solved by the Czech legislator. This article tries to find a solution to this conflict. On the other hand, the validity of the Czech legislation or its substantive analysis are not in the centre of the interest of the article. Accordingly, the article does not deal with the question whether or not the Czech law complies with the EU law. The article rather focuses on the relation between the Czech, EU law and international and the implications for the EU law and, in particular, for public international law.
More...
One of the common topics of the Member States of the European Union is also the energy policy, which has become a subject of significant legislative and institutional changes in recent years. The aim of this paper is to analyze the legislative framework of a legal regulation promoting renewable energy in the European Union, as well as in the Slovak Republic, together with the assessment of a degree of implementation of European law into the legal system of the Slovak Republic in the field of renewable energy. Regarding legislation promotiong renewable energy sources in Slovakia special attention is paid to the sector of electricity.
More...
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.
More...
This article is divided into two parts. In the first part it deals with the theoretical institute of tax reform. The author analyzes the term and comments on definitions with regard to the present. In the second part, the author basically deals with the development of the tax system in the Czech Republic after 1989. Here she applies theoretical knowledge to a number of changes in tax legislation to confirm or refute the hypothesis: In the 21st century the tax system is undergoing the fourth tax reform.
More...
The author analyses different models of identification and authentication in selected states. First of all, the author explains the reason for choosing countries in question. Secondly, the author briefly analyses fundamental strategic documents and legal acts relating to eGovernment, in particular identification and authentication. In addition, the specific electronic identification means used in selected states will be analyzed. The analyze of different models of identification and authentication in selected states can lead to the identification of differences that arose within the comparison of various models. In the end, the author will summarize positive and negative aspects of analyzed models of identification and authentication. These findings are necessary in order to make a conclusion which electronic identification means could be applied in the Slovak Republic.
More...
This paper contains the analysis of the case-law of Constitutional Court of Slovak Republic and Supreme Court of Slovak Republic, which is focused on the collusive custody from constitutional and procedural view. In the first part of this paper, the custody is analysed from the constitutional a procedural view, in the second part, the reasons of the collusive custody are analysed universally and in the third part, these reasons are analysed in connection with the decision of Specialized Criminal Court in the case of Purgatory, in which former top officers of Police Corp, including its president, are alleged.
More...
Public procurement, the process by which public authorities purchase work, goods or services, makes up a substantial part of the economies of the European Union Member States. This transforms the public procurement strategies and actions into a potentially strong instrument for governments to achieve economic, social, and environmental goals. But all these instruments depend substantially on the manner the public procurement system is managed, conducted and monitored. This paper analyses the European and national legislative framework in support of green public procurement and the possibilities foreseen public procurement legislation that allow public officials to „green” their purchases. As green public procurement is a voluntary instrument, the approach on environmental objectives varies within the Member States. Up to this moment, Romania has not adopted a National Action Plan for Green Procurement, making our country one of the last 4 European states that does not have one. The findings show that Romania has not effectively explored the possibility to approach environmental objectives through procurement regulation.
More...
At a time when the environment is deteriorating more and more, from a human rights point of view, the right to a healthy environment takes on a fundamental constitutional place. The consequences of climate disturbances have become urgent for the protection of the natural environment, combating them being a priority for human rights, given that all forecasts predict a galloping aggravation of these phenomena, which can have catastrophic and irreversible effects on current as well as future generations. The right to a healthy environment as a fundamental constitutional right has an individual dimension in the sense that it involves the right of each individual in society to activities that lead to the prevention of pollution or to actions that lead to the cessation of activities that cause pollution and implicitly the repair of any damage suffered through these forms of pollution. The current legal regulation of the right to a healthy environment is likely to highlight the establishment and consecration, both nationally and internationally, of a fundamental human right, to a healthy and balanced environment.
More...
The study is dealing with the link between human rights protection and climate change seen from the perspective of international standards. Although the two areas developed separately, their interdependence has become more and more evident in the last two decades. Climate change and environmental degradation undermines the human rights either directly or indirectly. In contemporary circumstances, climate change issues affect both developed and developing countries, but its consequences are more devastating for developing countries, taken into consideration their scarce resources. In reality, climate change constantly hampers the broad range of human rights, such as the right to health, the right to life, the right to food, water, shelter, property. Exactly in the domain of the global health security, the issues of human rights protection and climate change effects are intertwined.The UN Framework Convention (1992) and the Kyoto Protocol (1997) do not contain provisions that are directly related to the right to a healthy environment. Directly the reference to human rights was made only in the Paris Agreement (2015). Human activities affect negatively climate change at global level. International standards are aimed at possible solidarity needed to overcome it. The Kyoto Protocol has its own goals, in the part that refers to individual groups of countries, specified through the obligations to reduce emissions of greenhouse gases. This is separately defined for the developed countries.The right to a healthy, safe, clean and sustainable environment is now recognized in many UN resolutions, national constitutions and regional instruments. Global dimensions of climate change problems pose the open question of developing countries’ position, bearing in mind their scarce resources to deal with it. International standards in the area of climate change are to be significantly improved in direction of more solidarity towards developing countries.
More...
Digitization is one of the most relevant topics of the world today. No matter where we are or what we do, it became impossible to escape the use of artificial intelligence, and, unfortunately, the threats this progress brings, including to the environment. One cannot deny the advantages technology offers, but, on the other hand, cybercrime found its way to our daily life. The article aims to give a clear and honest perspective on the field of cybercrime and cybersecurity.
More...
The paper will analyze the national regulations on access to information of public interest in matters of environmental protection according to Romanian Law no.544/2001 on access to public interest information. In order to compare the Romanian standard to international reference, the author will analyze the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, alongside The European Regulation (EC) no.1367/2006.Basically, the author concluded that the three normative acts contain some common provisions, but their use may lead to different effects depending on the type of information requested, or the institution to which the request is addressed.
More...
Întrebarea din titlu îşi are semnificaţia ei, dacă încercăm să răspundem la ea din perspectiva trecerii, de atunci, a trei decenii. Să recunoaştem că, în prezent, cu toţii – deopotrivă practicanţi, prin inerţia funcţiei, ai regimului politic actual (legiuitori, pe de o parte, agenţi ai administraţiei publice centrale şi locale şi „judecători de scaun”, pe de altă parte), analişti politici, cadre didactice calificate din mediul universitar, ziarişti, statisticieni, dar şi persoane fără un interes profesional în domeniul ştiinţelor politice, simpli contribuabili la bugetul statului – avem o altă reprezentare asupra caracteristicilor regimului politic semi-prezidenţial şi, îndeosebi, asupra mecanismelor cunoscute pentru funcţionalitatea acestuia, decât cea pe care o aveam ca votanţi ai referendumului naţional de la 8 decembrie 1991.
More...
În anul curent, România sărbătoreşte 30 de ani de la adoptarea primei Constituţii de după Revoluţia din decembrie 1989. Noua etapă de dezvoltare constituţională a României a fost impusă de cerinţele unei situaţii obiective, mentalităţii în schimbare a societăţii, solicitarea venind din partea unor forţe social-politice noi. Adoptarea acestei Constituţii poate fi privită ca un eveniment circumstanţial care simbolizează tranziţia către o nouă etapă fundamentală în dezvoltarea României. Este etapa în care condiţii indispensabile pentru existenţa drepturilor şi libertăţilor omului şi cetăţeanului devin democraţia, pluralismul politic şi economia de piaţă. Constituţia a devenit expresia juridică sistemică a valorilor fundamentale care au conturat imaginea noii Românii: stat de drept, democratic şi social, în care demnitatea omului, drepturile şi libertăţile cetăţenilor, libera dezvoltare a personalităţii umane, dreptatea şi pluralismul politic reprezintă valori supreme şi sunt garantate, suveranitatea naţională, separarea puterilor, parlamentarismul, unitatea poporului şi egalitatea între cetăţeni. Constituţia a devenit expresia celei mai înalte forme universale de legitimizare a României în limitele sale actuale, inclusiv a spaţiului său juridic, economic, social şi cultural. Ulterior, Constituţia română a repurtat o maximă extrapolare în viaţa socială, asigurând adeziunea nu numai a autorităţilor, a tuturor celorlalte organisme sociale, ci şi a cetăţenilor, având un impact simţitor şi asupra procesului de evoluţie a constituţionalismului în Republica Moldova.
More...
Aristotel a folosit expresia „justiţie vie”, Cicero, în „Despre legi”, spunea că „legea vorbeşte”, iar Eugen Herovanu, marele nostru procedurist, afirma, în prefaţa la „Tratatul teoretic şi practic de procedură civilă” (1926), că „procedura civilă oferă elementele simple al unui «drept viu» legat de sursele lui naturale şi de «mişcarea vieţii»”. Metafora «dreptul viu» a fost însă introdusă în doctrina juridică de austriacul E. Ehrlich, unul dintre fondatorii sociologiei juridice, iar, în a doua jumătate a secolului al XX-lea, o găsim în unele decizii ale Curţilor Constituţionale din Italia şi Franţa, în jurisprudenţa CEDO, prin afirmarea principiului interpretării evolutive şi contemporane a normelor juridice, preluat în ultimii ani, şi în jurisprudenţa CCR”.
More...
This paper aims to present the impact of the minimum wage on adjusting and determining the methods used in remunerating workers, regardless of the adopted mechanism: through normative acts adopted by the competent authorities or through collective bargaining between the social partners. Through a historical, teleological, logical and comparative analysis and the approach of the subject, the thesis aims to highlight: (i) the topicality and importance of the minimum wage, proven by the current debates at the EU level on the establishment of a an adequate minimum wage in the Member States; (ii) the variety of its transparent mechanisms of establishment; (iii) the dynamic evolution of its establishment (from a simple temporary measure of national economy improvement to a fundamental instrument of social protection, necessary to insure a decent standard of living for the active population); (iv) the result of the research, under the form of lege ferenda proposals.
More...
From the study of the national legislation, a possible theoretical but also practical situation of legislative gap was identified, regarding the head of state. The current Constitution does not detail what happens or how to proceed in case of non-taking the oath by the newly elected President, this being the factual situation found as a result of reading the Basic Law. The question that serves as a pretext in the documentation and analysis of the present study is: “What happens if, at the final moment of the procedure by which a person reaches the position of President of the country, that of the investiture, according to Article 82 of the revised Constitution, the official moment no longer takes place, for any reason, objective or subjective?”. Going through and interpreting the constitutional provisions as well as other normative acts may provide a possible theoretical answer, but the jurisprudence is non-existent at this moment. The conclusions we reached after the documentation are found at the end of the study, on which occasion the lines of future research on the subject of the oath will be drawn.
More...
The European Court of Justice from Luxembourg must be perceived definitively and undeniably as a judiciary authority belonging to the European Union, which ensures the interpretation and enforces the application of the EU law in a uniform way, in all the Member States, guaranteeing at the same time the dissemination of its jurisprudence in all official languages of the Member States belonging to the Union, via its Official website, via the European Union’s Official Journal and via other2 jurisprudence databases. So far, no problem has been identified, everything is clear, correct, and concise, even when we are analyzing the juridical framework of the relationship between the European Court of Justice and the national courts or the relationship between European Union law and national law. However, in current practice there is a temptation of avoiding the existing jurisprudence, to emphasize the idea that it would not be necessary to comply with a judgment of the European Court of Justice, unless standing trial in a national court, where such a decision could be invoked. In other words, if it stands and the juridical person or other forms of profession upon which some pressure is exerted cannot afford to waste time in Court, then why not give it a try?
More...
The status of the deputy mayor and that of the public administrator gave rise to numerous controversies before and after the implementation of the Administrative Code. This paper analyzes these legal statutes, highlights legislative contradictions, presents examples from practice. Based on the brief research of these issues, it proposes the express, predictable regulation of the modalities of election, respectively appointment of the deputy mayor and the public administrator but especially the clarification of the problem of delegating the attributions of the mayor to the deputy mayor and the public administrator.
More...
