Legal Reform of European Union Data Protection

Author(s): Charlotte Ene / Language(s): English Publication Year: 0

Achievement the Digital Single Market, one of the objectives of European Union, needs a specific legal framework. In this regard, it was adopted the General Data Protection Regulation 679/2016/EU (the GDPR) which will come into force on 25 May 2018 and will replace the existing Data Protection Directive 95/46/EC. The main goal of the GDPR is to harmonise data protection across the EU and to enable individuals to regain control of their personal data, according to Mr. J.-Ph. Albrecht, member of European Parliament. The application of the GDPR will bring significant changes to European data protection law; therefore those rules include data breach notification, coordinated enforcement, strengthened consent, clarify the “right to be forgotten” together with serious financial penalties for non-compliance. The GDPR also expands the territorial and material scope of EU data protection law thus non-EU companies will have to apply the same rules as EU companies when offering services in the EU. In conclusion, the Regulation strengthens fundamental rights in the digital age and facilitates business by simplifying rules for companies in the Digital Single Market.

List of Abbreviations

Author(s): / Language(s): English Publication Year: 0

Law, Politics and the Future of Crimea

Author(s): Sławomir Dębski / Language(s): English Publication Year: 0

The Immediate Demand for an Efficient Protection of Witnesses of Justice in Albania

Author(s): Romina Beqiri / Language(s): English Publication Year: 0

In spite of the abundant information regarding Albania’s struggle from the transition towards the integration into the European Union, envisioning common international justice affairs still remains insufficient and it seems that any close connection to the international criminal courts and tribunals has been largely ignored. This paper gives a picture of the alleged ‘internationalisation’ of the witness protection legislation and touches two aspects: firstly, the issues of the current legal framework in relation to procedural and non-procedural witness protective measures and challenges to ensure their effectiveness and secondly, the incorporation of new provisions in the domestic laws related to the best practices on support and assistance for witnesses at international and regional levels. In order to comprehend Albania’s compliance with the Rome Statute of the International Criminal Court and other European legal instruments, an analysis of official documents was carried out, and a range of interviews were performed with the staff of the International Criminal Court, the Courts of Serious Crimes and a District Court in Albania. This study draws conclusions and develops a set of recommendations on the steps that Albania has to take in relation to providing adequate protection and assistance in support of witnesses testifying in serious crimes cases.

Câteva reflecții privind consolidarea și eficientizarea sistemului juridicar

Author(s): Andrei Constantin / Language(s): Romanian Publication Year: 0

Within the judiciary, legislative reform measures are a priority in making the whole activity more efficient. A stable and predictable regulatory framework is an indispensable requirement for increasing the quality of justice in general. Legislative and institutional reforms must be coupled to lead to irreversible guarantees in ensuring full independence and impartiality.

Dimensiunile și tendințele interpretării normei juridice în Dreptul românesc din perioada 1918 – 2018

Author(s): Iosif Friedmann-Nicolescu / Language(s): Romanian Publication Year: 0

The interpretation of the legal norm in the Romanian Law has seen new dimensions and tendencies after the Great Union of 1 December 1918 in the European and global geo-political and geo-strategic context of the last 100 years

Consideraţii privind evoluţia regimului minorităţilor naţionale în România

Author(s): Marius Balan / Language(s): Romanian Publication Year: 0

In the last century, the Romanian regime of national minorities made possible the preservation of most of the communities of citizens differing from the rest of the population in respect to ethnical belonging, language or religion. Despite of long time spans of hostile or even aggressive minority policies, national minorities survived on a greater scale and today the status of minorities is deemed to be superior to the European average. This is explicable by the relative stability of state structures, which even during the political cataclysms of the 20th Century conserved a limited space of togetherness and fulfilled the elementary tasks of any polity.

Noțiunea de funcționar public din perspectiva reglementărilor legale actuale

Author(s): Adela-Maria Cerchez / Language(s): Romanian Publication Year: 0

The Notion of Public Servant from the Perspective of Current Legal Regulations

Noțiunea, esența și reglementarea conceptului de control bugetar

Author(s): Petruța-Gabriela Stroe / Language(s): Romanian Publication Year: 0

The integration of Romanian into the European Union supposed the alignment of national legislation with the acquis communautaire and the financial field confrontal with the necessity over time to adopt new normative acts and to modify the existing ones in this field, so as to allow for the implementation of much more current concepts of control, in accordance with the Union´s standards and best practicse. This study was meant to highlight the role of state control at general level and the role of budgetary control in the apprpriate functioning of national economy, the main purpose of which in the knowledge of the competent institutions of the state how the state financial resources are managed and spent. Organizing and carrying out an effective bugetary control ensures the creation of a financial balance and the achievement of an economic and financial efficiency that leads to development of the national economy in permanent change.

Aspecte privind evoluția protecției mediului în dreptul românesc

Author(s): Oana-Maria Hanciu / Language(s): Romanian Publication Year: 0

The protection of nature on Romanian soil begins, although indirectly, from the prehistoric period and then from the Dacian times. Subsequently, the protection of nature materialized through measures that primarily had patrimonial purposes, related to the protection of property. At present, due to the necessity of harmonizing the national legislation with the acquis communautaire in the field, within the pre-accession process to the European Union, by GEO no. 195/2005 established a new framework regulation in the field transposing Community law in the field of environmental protection. However, the many legislative changes unfortunately have had negative effects at the level of real and effective implementation of environmental regulations.

Regimul juridic al protecţiei Mării Negre împotriva poluării

Author(s): Izabela-Mihaela Honciu / Language(s): Romanian Publication Year: 0

Designed today as a specially protected area, the Black Sea is the largest continental basin in the world. It is a remnant of the Sarmatian Sea and presents a number of unique aspects in the world. The entire Black Sea ecosystem is in an advanced process of degradation. The adoption of the Convention on the Protection of the Black Sea Against Pollution is in the broader context of the area's concerns over the last few years to multiply its economic, political, cultural and scientific cooperation, including through the establishment of appropriate institutional structures. The Convention on the Protection of the Black Sea Against Pollution has succeeded in establishing intergovernmental cooperation on a permanent basis with regard to other conventions on the protection of the marine environment, and to capitalize on some of the experience of adopting and applying other documents in the field.

Evoluții în dreptul mediului la 100 de ani de la Marea Unire

Author(s): Georgiana-Florina Ionescu / Language(s): Romanian Publication Year: 0

The Constitution revised through referendum in 2003 consecrates, in art. 35, the right of every person to a healthy and balanced environment. This consecration differentiates the right to a healthy environment from the right to health ab initio, offering a much needed individualization. The recognition of this right was the base of creating the environmental law in Romania.

România – parte activă a procesului de realizare a ideii de unitate la nivel european

Author(s): Augustin Fuerea / Language(s): Romanian Publication Year: 0

From an evolutionary and conceptual point of view, the European Union is the current form of economic integration, which started in 1952. If we were to refer to the legitimacy of Romanians and Romania's concerns regarding the emergence and evolution of the idea of european integration, we cannot forget the presence of the great diplomat Nicolae Titulescu in such a context, a personality who, in his capacity as president of the League of Nations, has greatly contributed to strengthening the thesis of "european unification", but also to removing the danger of a new global conflict. Today, seemingly hard to believe, it is astounding that, over 80 years ago (in 1934), Romania launched an esperanto appeal for the realization of the United States of Europe. In the same spirit can be invoked the novel „Omul de maine”(„The Man of tomorrow”), a novel published by Cugetarea Publishing House in 1942 under the pen of the editor and writer Petre Georgescu-Delafras. In his approach, the author talks about "organising Europe in a large federal state with only one political and economic leadership".

Patrimoniul cultural la nivelul Uniunii Europene: viziune, regim juridic, inițiative legislative și programe

Author(s): Sorin Ivan / Language(s): Romanian Publication Year: 0

The cultural heritage is a domain of major importance in the European Union’s area of concerns. Its protection, preservation, consolidation and promotion are a priority theme of the EU legislation and policies. The priority status is reflected on the legal level through the legislative provisions, through the references to the “cultural and linguistic diversity”, to “the European cultural heritage”, and to “the cultural, religious and humanist inheritance of Europe”. Its regime of a major theme is also translated into the policies of the European Union through a series of programmes addressed to the European cultural heritage. Among these programmes, of which the most important are: Raphael, Culture 2000, European Capital of Culture, Creative Europe, a programme of special importance, by its substance and scope, is the European Year of the Cultural Heritage 2018, established by the Decision (EU) 2017/864 of the European Parliament and of the Council of 17 May 2017.

Transferul de credite neperformante potrivit dreptului concurenţial al UE - aspecte de drept comparat şi practică judiciară relevantă

Author(s): Alexandra Stănciulescu / Language(s): Romanian Publication Year: 0

The subject of the present paper is one of current interest and the concerns regarding the nature of a non-performing loans transfer from the competition law perspective are becoming more frequent. In the financial crisis context, a series of important measures were adopted in the European Union in order to reinforce financial stability and to diminish the risk in the bank sector. If, from the financial-banking legislation perspective, the efforts to unblock the situation regarding the existence of a high ratio of non-performing loans in several member states were crystalized in concrete measures taken towards this, from the competition law perspective, these transactions remain under question because of the lack of a uniform practice among member states, but also because of the different interpretations given to the national legislation. The objectives of the present paper are to analyze the different existing aspects of comparative law and the relevant jurisprudence in order to observe what is the approach that the involved authorities from several European Union member states have on this matter.

Evoluția reglementărilor concurențiale de la aderarea României în Uniunea Europeană până în prezent. Tendințe și perspective.

Author(s): Roxana-Daniela Păun / Language(s): Romanian Publication Year: 0

If at first the competition seemed to be an abstract notion, difficult to manage for a society coming from a totalitarian regime, where everyone was equal, after the accession of Romania to the European Union, this concept begins to be felt by every European Romanian citizen, but also by every European citizen who enters competitive relations with the rest of European citizens including non-Europeans. This study proposes a synthetic overview of the stages Romania had to go through, in order to become a member of a performing Union, with a Functional Single Market, but also with an aging population, waiting for a revival and an infusion of new human capital

Dezvoltarea comerțului internațional în sincronicitate cu dinamica pieței interne a UE. Studiu de caz - produse tradiționale românești, recunoscute la nivelul UE, pe piețele emergente ale continentului America

Author(s): Speranța-Liliana Neagu / Language(s): Romanian Publication Year: 0

Publicly we talk about the EU agricultural potential, and implicitly about that of Romania`s. In the same context it is criticized the fact that it is pre-eminently the primary agricultural products that are sold, instead of the processed ones, which create capital gain to the resource owners. At present, regularly, the gain preponderantly goes to the making a valuable final contribution. Therefore, we could rethink certain models, in certain possible niches, contingent on the supply and demand, at an advantageous win-win price, of course.The diaspora and the traditional, diplomatic, scientific, cultural, sport and business relationship may play an essential role in the sustainable development of the trade, or even of the know-how development, resulting quantifiable results for Romania.Combing elements from Edward de Bono theory with the maieutic principles and with the climate changes construct, we can configure new development measures to the international commerce, connected to the adjacent fields.

Legal and Ethical Rules of Performing Medical Professions in Poland

Author(s): Jakub Berezowski / Language(s): English Publication Year: 0

The scope of the regulation of medical professions in Poland is relatively wide. On the one hand, it refers to the medical activity, which consists of the provision of health services; while on the other hand, it refers to competences appropriate for particular medical professions. In the Polish legal system, some medical professions benefit from corporate freedom. These occupations include: doctor, dentist, nurse, midwife, and - until recently - physiotherapist. The tasks of corporations in the medical professions are extensive and consist primarily in the pursuit of the profession of custody. Adherence to professional self-government means that a medical profession is self-reliant in the decision-making process and providing health care services. There seems to be a legitimate postulate of work to increase the scope of regulation of medical procedures. On the one hand, procedures will increase the safety of patients; on the other, they will increase the safety of people performing medical occupations.

Procjena regulatornog uticaja u postupku izrade i donošenja zakona

Author(s): Zarije Seizović / Language(s): Serbian Publication Year: 0

Regulatory impact assessment (RIA) is an analytical tool to assess costs,consequences, and side effects of a planned policy instruments (enactment of laws, regulations, etc.). It can also be deployed to evaluate real costs and consequences of policy instruments upon their implementation. In either case, the outcomes are being used to improve the quality of policy decisions and policy instruments (laws, regulations, public investments etc). Basically,it is a mean to inform government choices: choices about policy instruments,about the very design of a specific policy instrument, or about the need to amend or cease the implementation of an existing instrument.The time and resources to be put into RIA depend on the importance of the policy instrument as such. The important policy instrument that are expected to have huge effect upon the state and society would require sophisticated RIA, for a thorough RIA certainly calls for specialized expertise,adequate time-frame and sufficient resources. On the other side, RIA for a less important policy instrument can be performed by lower level civil servants,even if they had not been through a comprehensive training in both quantitative and qualitative assessment techniques.The paper gives definition of RIA, its application as well as some of its methods and techniques.

Commission institution - 'guardian of the treaties' and deputy of the execution and administration functions in the European Union

Author(s): Ioana Nely Militaru / Language(s): English Publication Year: 0

As the guardian of the Treaties, the Commission is the institution that promotes the general interest of the Union. From this perspective, the Commission exercises its legislative proposal, harmonizing the Union's interest with the national one. The Commissionis therefore entitled to inform and prosecute the failure to comply with Union law, including the management of safeguard clauses. The Commission's execution and management functions presuppose, on the one hand, its power to adopt non-legislative acts and, on the other hand, to exercise the European Social Fund management rights.