GREEN FINANCE AND ECONOMIC GROWTH IN THE POST COVID-19 WORLD. EVIDENCE FROM EU COUNTRIES

Author(s): Adina Dornean,Ada-Iuliana Popescu,Dumitru-Cristian Oanea / Language(s): English Publication Year: 0

The importance of green finance has been steadily growing over the last years and it became a necessity for sustainable development of our society. According to the literature, green finance simultaneously provides economic growth and environmental protection.In 2020, the COVID-19 crisis generated the need for a friendlier environmental development that put a greater emphasis on green finance as an economic instrument in order to achieve it. Considering the role of green finance in obtaining an inclusive, resilient and cleaner economic growth through environmental protection, the present paper empirically analyses the link between green finance and economic growth. For this purpose, we will use a multiple linear regression based on balanced panel data for the European Union (EU) countries. The results show that green finance has a positive impact on economic growth. Therefore, governments and policymakers should focus on financing green projects and even promote green fiscal policies, that can contribute to the global green recovery after the COVID-19 pandemic.

CONSUMER IN CYBERSPACE: DISCLOSURE OF PERSONAL INFORMATION

Author(s): Adriana Manolica,Ioan-Cristian Puravu,Lorin Dragan,Teodora Roman / Language(s): English Publication Year: 0

The GDPR set of regulations made us more aware of the importance of collecting, protecting, and using personal data. Four years after the effective implementation of GDPR in the Romanian legislation, we focused on investigating the public perception of how various companies store private data online. Besides, we wanted to understand to what degree the public is concerned about handling this data. We realized our research on a sample of the adult population, aged between 18 and 65, all residing in the Northeast region of Romania.A series of information is processed, accessed, shared, sold, and bought, sometimes even abusively manipulated, all this without the user being aware.Any online interaction involves private data and digital traces. It could be simple communication, online shopping, or browsing. This data generates new information on our lives and activities. If we look closer at this phenomenon, we realize it only expands with time. Therefore, the question of private life, far away from this potential threat of data manipulation, hidden interest, and unpermitted intrusions becomes more and more relevant. Our work explores the internet users from the North-eastern region of Romania's behaviours and perceptions four years after GDPR legislation was passed.

DIMENSION OF CORRUPTION PHENOMENON FROM EUROPEAN UNION

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

Over time, there have been doubts about how to measure corruption, as its very nature is largely hidden. The main way of measuring corruption was based on the perception provided by transnational indices that were extracted from a series of surveys and expert assessments. However, it is now widely recognised that such measurements are inherently prone to prejudice and serve as an imperfect proxy for real levels of corruption. At the same time, is appreciated that the intention to measure corruption, especially through the development of transnational data sets with a wide scope of application. In this case, we intend to estimate the corruption phenomenon in the European Union (EU) countries (27 countries) for 2019, based on the corruption perceptions index (CPI) and some independent variables that play an important role on the corruption phenomenon, namely: freedom of expression, level of education, the standard of living, political stability, trust in justice, trust in state institutions, fiscal pressure, soundness of the banking system, religion and fiscal morality. In this context, the research aims not only to develop an econometric model that could reflect truncated truths regarding the elements responsible for corrupt behaviors, but also to corroborate it with a reasoning of good faith and with the foundations already existing in the literature, so that we can manage to identify the determining components that shape the corrupt behavior and with the help of which to estimate the dimension of the corruption phenomenon. The final score obtained will reflect the estimated size of the corruption phenomenon for each analyzed country, and depending on the scores recorded at the country level, a classification will be made that will be divided into 3 zones (green zone – low level of corruption, orange zone – medium level of corruption and red zone – high level of corruption), which will be useful to investors who want to expand their business in other countries in order to compare the corruption phenomenon in his country with that of the country to which it relates.

PUBLICITY (TRANSPARENCY) OF CROSS-BORDER INSOLVENCY PROCEEDINGS

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

The article insists on the legal solutions of the transparency of the cross-border insolvency. In this study, there were researched issues regarding the existing regulatory framework of the conditions of the cross-border insolvency publicity in the Republic of Moldova and the most important analysis being focused on the provisions of the European and international regulatory framework, which demonstrates a tendency to publish the information on the insolvency procedure, in particular those with international character. The convention of the Nordic states also includes provisions regarding the publicity of bankruptcy proceedings in the contracting states where the debtor owns assets, the disposition of insurance measures, legal assistance and the recognition of judgments between the contracting states. The publicity of the procedures in a sensitive matter subject to the internal legal framework, however at the international level this subject is not a very widespread since it involves additional time and additional costs as well as confidential issues of the parties (foreigners). The author finally comes with conclusions that can be implemented in both international and national regulations regarding transparency and publicity of the procedures in the insolvency process which comes out to be difficult and involved international issues and problems.

ANALYSIS OF THE HEALTHCARE SYSTEM IN ROMANIA FROM THE PERSPECTIVE OF PREPARING THE HOSPITAL MEDICAL INFRASTRUCTURE AND HUMAN RESOURCES FOR THE COVID-19 CRISIS

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

One of the most critical factors for the development and well-being of society is represented by the healthcare system, which has recently beFcome a huge sector. The budget allocated by each country for healthcare expenditure varies according to their level of development, it covers a significant part of the total budget. The health system and its infrastructure are under enormous pressure due to the rising costs of providing healthcare, increasing demand for health services, demographic changes and social inequalities, but healthcare is a vital public service. The main task of modern healthcare is to improve lifestyle and quality of life by providing current medical services at affordable prices. The objective of this paper is to analyze the healthcare system from the perspective of preparing the hospital medical infrastructure and human resources for the Covid-19 crisis based on specific external public audit methods. The Covid-19 crisis has dealt a shock to health systems, testing the adaptability and resilience of their key features. Detailed projections of resource and funding requirements can contribute to better long- term planning and sustainability of healthcare systems. Indicating that although destabilized, a health system can absorb the impact of shocks, recover, adapt and learn from this experience.

THIRD PARTY LITIGATION FUNDING: PURCHASING A CONTENTIOUS CLAIM AS A FORM OF INVESTMENT

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

This paper analyzes the institution of third party litigation funding, which is virtually unknown in Romanian law but is constantly evolving and frequently used in other states. This institution refers to cases in which a specialized funding company provides funds to a party that pursues a financial claim against another party in a national or cross-border litigation or arbitration case so that upon the successful conclusion of the case the funder gets a share of the damages awarded to the funded party. The issue of litigation funding is not a new one. However, using third parties to fund the pursuit of financial claims is a relatively new phenomenon, increasingly common in the world of litigation. This fast- paced growth – from a procedure specific only to certain areas of practice and certain jurisdictions to a phenomenon that has become a part of everyday activities – has motivated us to analyze and explore the way in which third party litigation funding works, focusing on elements related to the contentious claim as a financial asset and its purchasing by the professional funder as a form of investment, on the stages leading to the formation of the parties’ – the funder and the beneficiary – binding decision, as well as on the actual content of the funding agreement. Among the issues debated in relation to this institution there stand out the recent European Parliament resolution of 13 September 2022 with recommendations to the Commission on Responsible private funding of litigation, as well as the draft Directive annexed to the Resolution, which could lead to a considerable increase in the use of third party litigation funding in Europe.

THE ROLE OF ORGANIZATIONAL CULTURE IN MANAGERIAL DECISION MAKING IN PUBLIC HOSPITAL UNITS IN ROMANIA

Author(s): Daniela Diac (Hutu),Marinela Carmen Cumpat,Maria Ana Cumpat / Language(s): English Publication Year: 0

The national and global economy, as well as the health status of the population, are influenced and in turn influence hospital units. Thus, managers of public hospital units in Romania must manage the most efficient use of available resources, with beneficial effects on society. Aspects such as high quality of care at the lowest and most competitive cost, a high degree of performance, medical services similar to hospitals abroad, with the constraint of often insufficient material resources, the involvement of the political factor, uncertainties in the economic field, as well as an arsenal of rules and regulations that determine lengthy procedures, organizational culture, are factors that put pressure on managerial decision making. The interest in addressing this topic was generated by the importance of cultural elements and how they can influence the effectiveness of employees and thus the institution. We believe that the performance of hospital activity is influenced by the way the manager makes decisions as well as by the organizational culture. Therefore, considering the need to emphasize the importance of organizational culture in public hospital units in Romania that can provide the basis for the development of a theory of orientation of managerial decision-making towards performance, this article aims to: (1) review the literature in this field, (2) highlight the link between organizational culture and performance, and (3) develop the factors that influence managerial decision-making.

FISCAL RISK ANALYSIS – REASON FOR DANGER OR OPPORTUNITY FOR SAFEGUARDING?

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

This paper aims to provide an x-ray of the fiscal legislation regarding fiscal risk and the risk analysis that becomes the main (only) criterion for the development of the fiscal inspection program carried out by the fiscal bodies of the state. Thus, the work includes an analysis of concepts such as: taxpayer's fiscal behavior, fiscal risk, risk criteria, risk classes and subclasses, all intended to provide tools for carrying out a risk analysis based on special procedures.The fiscal legislation adopted up to this moment allows us to understand the goal pursued by the national legislator starting from the recent regulations adopted at the European level. It is about the efficiency of tax debt collection activities, about the efficiency of the exchange of information in fiscal matters between the fiscal authorities of the member states, as well as about the profound and essential change in the fiscal behavior of taxpayers.At the same time, this analysis highlights the shortcomings of this new taxpayer evaluation system, its transparency, as well as the means and instruments of defense in the face of pressures that may be exerted by the fiscal body, or even in the face of possible abuses that could directly and majorly affect some taxpayers.Therefore, this paper presents all the relevant information in this matter, but also includes a critical analysis of the national regulations that were recently adopted in the context of the European regulations of recent years. These are intended to limit or even eliminate the erosion of tax bases in the effort to combat tax evasion or even tax fraud, that which affects national public budgets, but also that which directly or indirectly affect the budget of the European Union.

REDUCING FOOD WASTE: A DOCUMENT ANALYSIS OF EUROPEAN REGULATIONS

Author(s): Mădălina-Ioana Petrea,Larisa Nicoleta Gafencu / Language(s): English Publication Year: 0

This article provides a comprehensive document analysis of European regulations aimed at reducing food waste. The study examines various policy documents, guidelines, and legal frameworks related to food waste reduction in the European Union (EU) and its member states. The analysis reveals that the EU has taken significant steps to address the issue of food waste, with a range of policies and initiatives aimed at reducing the amount of food that is wasted throughout the food supply chain. The study identifies several key themes that emerge from the analysis, including the need for better measurement and monitoring of food waste, the importance of collaboration and partnerships between stakeholders, and the potential for regulatory frameworks to incentivize more sustainable food practices. Overall, the study suggests that European regulations have an important role to play in reducing food waste, but that a more integrated and holistic approach is needed to address the root causes of the problem. The findings of this research are relevant to policymakers, food industry actors, and other stakeholders interested in promoting more sustainable and efficient food systems.

ПОСЕБНИТЕ ИСТРАЖНИ МЕРКИ – НЕОПХОДЕН ИНСТРУМЕНТ ВО БОРБАТА ПРОТИВ ОРГАНИЗИРАНИОТ КРИМИНАЛ

Author(s): Šarlota Milanov / Language(s): Macedonian Publication Year: 0

КАЗНЕНО-ПРАВНИ АСПЕКТИ НА КРИМИНАЛОТ ОД ОМРАЗА

Author(s): Vlado Kambovski / Language(s): Macedonian Publication Year: 0

САМОСТОЈНИТЕ ОРГАНИ (РЕГУЛАТОРНИ ТЕЛА, АГЕНЦИИ) ВО ФУНКЦИЈА НА ДОБРОТО УПРАВУВАЊЕ ИЛИ НЕГОВО РАЗВОДНУВАЊЕ И БИРОКРАТИЗИРАЊЕ

Author(s): Borče Davitkovski / Language(s): Macedonian Publication Year: 0

Во Република Македонија од 2000 година до денес, 2018 година, се основани околу 50 самостојни органи. Кога зборуваме за самостојните органи, во оваа група ги вбројуваме трите вида самостојни органи, а тоа се самостојните органи на државната управа, независните органи и регулаторните тела. Овие органи претставуваат хетерогена појава, на кои со посебни закони што се носат со обично мнозинство им се врши пренос на овластувања и одговорности од соодветната област. Овие органи се структурално издвоени и автономни од органите-носители на законодавната, судската и извршната власт, па оттука како предмет на истражување во овој труд е да се утврди нивната положба во системот на поделба на власта, кое е разграничувањето помеѓу овие органи и утврдувањето на причините за нивниот постојан пораст кој влијае за хиперпродукција на јавните органи. Имено, дали самостојните органи се реална потреба или мода во Република Македонија? Дали постојат конкретни утврдени правила и критериуми врз основа на кои се одлучува кога и на кој начин ќе се основа еден орган, каква е финансиската реперкусија со нивното основање и дали над овие органи може да се спроведе контрола над ефективноста во нивното работење? При тоа, како основна цел на истражувањето е да се укаже на потребата од донесување посебен закон со кој ќе се уредат основните стандарди и принципи за работењето на независните органи како и за утврдување критериуми што треба да се исполнат за да може да се основа независен орган. Едноставно, постои потреба од унифицирани критериуми, посебно во однос на статусот на вработените, одговорноста, платите и сл. Ова, од друга страна, укажува дека е потребна нивна рационализација на која би ѝ претходеле детаљна функционална и институционална анализа. Односно потребно е да се утврди економската и финансиската целисходност на основање на регулаторните тела и да не се создава преклопување на надлежностите помеѓу повеќе органи.

НОВИОТ КОНЦЕПТ НА КРИМИНАЛ ОД ОМРАЗА ВО МАКЕДОНСКОТО КАЗНЕНО ЗАКОНОДАВСТВО

Author(s): Elena Mujoska Trpevska / Language(s): Macedonian Publication Year: 0

Трудов претставува критичка анализа за активностите што Република Северна Македонија ги презела, или планира да ги преземе, за ефикасно решавање на криминалот од омраза. Тука, пред сè, спаѓаат постојните правни акти што се релевантни за спречување и премавнување на кривичните дела од омраза, измените на Кривичниот законик што неодамна стапија во сила и предизвиците со справувањето со криминалот од омраза во нашава држава. Мора да се признае позитивниот исчекор на Република Северна Македонија, од формална перспектива, особено со споменатите измени и дополнувања на КЗМ од декември 2018 и со новиот Закон за спречување и заштита од дискриминација од мај 2019 година, но жртвите на криминалот од омраза и натаму остануваат незаштитени, а случаите на пријавен криминал од омраза секојдневно се зголемуваат. Ова е особено важно бидејќи е тенка линијата меѓу криминалот од омраза и дискриминацијата. Денес, сторувањето на кривично дело поради некоја дискриминаторска основа во општите одредби на КЗМ се крева на рамниште на општа отежнувачка околност. Едноставно кажано, само силното и ефективно спроведување на законот може да донесе повисока свест за криминалот од омраза.

ПЕНИТЕНЦИЈАРНИОТ СИСТЕМ ВО РЕПУБЛИКА СЕВЕРНА МАКЕДОНИЈА НИЗ ПРИЗМАТА НА ИЗВЕШТАЈОТ НА КОМИТЕТОТ ЗА ПРЕВЕНЦИЈА ОД ТОРТУРА: ПОТРЕБА ОД ИТНИ РЕФОРМИ

Author(s): Aleksandra Gruevska Drakulevski / Language(s): Macedonian Publication Year: 0

In the paper, the author analyses the characteristics of the North Macedonian penitentiary system, the position of prisoners de jure and de facto, and the protection of the rights of prisoners through the prism of the last highly critical report of the Committee for Prevention of Torture and points to the need for urgent reforms of the penitentiary system in the Republic of North Macedonia. The author concludes that the penitentiary system in Macedonia has the features of a modern system. It is one of the penitentiary systems that fully incorporates the Nelson Mandela Rules, the Revised Standard Minimum Rules for the Treatment of Prisoners and the European Prison Rules in the Law on Execution of Sanctions. But the system de facto faces serious weaknesses. Also, the author disputes the question why prisoners in such conditions of the penitentiary system do not require judicial protection of their rights. Also, the author emphasizes the need for systematic research on the protection of prisoners’ rights using legal means, such as, legal advice and legal means of convicted persons and the right to appeal to international bodies.

ИСКУСТВАТА НА ОСНОВНИТЕ ЈАВНИ ОБВИНИТЕЛСТВА И НА ОСНОВНИТЕ СУДОВИ НА ПОДРАЧЈЕТО НА АПЕЛАЦИОНИОТ СУД – БИТОЛА ВО ОДНОС НА МЕДИЈАЦИЈАТА ВО КРИВИЧНАТА ПОСТАПКА

Author(s): Antigona Jovanovska,Nikola Tuntevski / Language(s): Macedonian Publication Year: 0

Mediation in criminal procedure in the Republic of North Macedonia was implemented in 2009 with the Changes and Additions of the Mediation Law from 2006, in 2009 with the Law for Criminal procedure and in 2013 with the Law for Children’s Justice and the new Mediation Law. Even that until today almost 10 years have passed since the implementation of mediation in criminal procedure, we are witnesses that this kind of mediation still has no practice and no practical appliance in reality. This paper presents results from the research of the Primary courts and Primary Public Prosecution’s from the area of the six municipalities under the jurisdiction of the Court of Appeal Bitola regarding their experiences so far and their opinions about mediation in criminal procedure. These data can give useful information about the degree of implementation of mediation in criminal procedure in practice and are helping in reaching solutions for getting easier solutions about how to provide successful implementation of mediation in criminal procedure in practice.

УПРАВНОТО СУДСТВО И УПРАВНИТЕ СПОРОВИ – CONDICIONES SINE QUIBUS NON ЗА ПРАВНАТА ДРЖАВА И ЗАШТИТА НА ГРАЃАНИТЕ ОД ЈАВНАТА АДМИНИСТРАЦИЈА

Author(s): Elena Jaman / Language(s): Macedonian Publication Year: 0

This paper is a result of a comparative analysis of “The Law on Administrative Disputes” in the Republic of Macedonia and the Republic of Croatia. This paper focuses on the administrative judiciary in the Republic of Macedonia and the need for changes of “The Law on Administrative Disputes”, the possible solutions from “The Law on Administrative Disputes” of the Republic of Croatia with a review of European administrative standards and the process of Europeanization of the administrative judiciary in the Republic of Croatia. The purpose of this paper is a better citizens protection from the public administration and a step towards European Union by improving “The Law on Administrative Disputes” and Europeanization of the administrative judiciary in the Republic of Macedonia.

ЗДРАВА ЖИВОТНА СРЕДИНА И EKОЛОШКА ПРАВДА –РЕАЛНОСТ ИЛИ МИТ?

Author(s): Gordana Lažetić / Language(s): Macedonian Publication Year: 0

Starting from the dilemma contained in the title of the paper, from all that has been elaborarted, the conclusion is that pollution is a reality, but a healthy environment and effective judicial protection are still just a myth. The absence of a comprehensive legally binding instrument for environmental protection at the global level, which greatly contributes to non-compliance with legislation at the state level, underdeveloped monitoring and control mechanisms, directly leads to a lack of accountability of the states. Efforts to overcome many open issues and dilemmas have led some countries to introduce specific legislation on environmental liability, such as the German Environmental Liability Act (Umwelthaftungsgesetz) of 1990. The current situation in North Macedonia is devastating and it is quite justified for citizens or citizens’ associations to start submitting applications to the ECtHR in Strasbourg. Judicial protection will not be possible until the competencies are differentiated, which is necessary due to the constitutional nature of the right to a healthy environment. Different interpretations lead to the conclusion that it is necessary to have a model of Environmental lawsuit as action popularis for both the prevention of presumed damage and the damage already incurred, with pre-clarified criteria for causality and the evidence to be attached. Its introduction will also facilitate the plaintiffs in determining the merits of the lawsuit. The environmental lawsuit should be located in the civil court within the disputes over the fundamental rights and obligations of man and citizen, which will seek to establish a violation of law, not to establish facts.

ПРЕДИЗВИЦИ НА РЕФОРМИТЕ ВО ЈАВНИОТ СЕКТОР

Author(s): Borče Davitkovski / Language(s): Macedonian Publication Year: 0

Perspectives on Juridical Discourse.Practical Aspects

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

This article by Andrei Nastas explores judicial discourse within the framework of legal language, focusing on how state prosecutors utilize communicative resources from the perspectives of rationality and expressiveness. The study delves into the complexities of legal language, referencing works by renowned linguists like Eugen Coșeriu and I. Coteanu. It examines various forms of judicial language used in civil, criminal, and administrative jurisdictions. The article also discusses the structure and presentation of legal speeches, particularly indictments, highlighting the importance of preparation, logical exposition, and the role of rhetorical techniques in legal proceedings.

Отмяна на арбитражно решение на основание чл. 47, ал. 1, т. 1 от ЗМТА

Author(s): Svetoslav Pandilov / Language(s): Bulgarian Publication Year: 0

The paper is dedicated to the grounds for setting aside of an arbitral award under Art. 47, par. 1, item 1 ZMTA - incapacity of a party to the arbitration agreement at the time of its conclusion. Its field of application has been analyzed, distinguishing it from the invalid arbitration agreements under Art. 47, par. 1, item 2 ZMTA. The cases of conclusion of an arbitration agreement by a person who was not deprived of legal capacity, but could not understand or direct his actions, are examined. The questions which of the parties can refer to the incapacity and whether an objection should be made in this sense before the arbitration in order to be able to subsequently claim the setting aside on the grounds of Art. 47, para. 1, item 1 ZMTA, are also reviewed.