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1. Information security management [ISO/ IEC 27001]. 2. Conception of the information security management system [ISO/IEC 27001]. 3. Establishing and managing the ISMS. 4. ISMS implementation and application. 5. Monitoring and reviewing the ISMS. 6. Maintenance and improvement of the ISMS. 7. Risk management in information security.
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If the purpose of applying a punishment to a felon is firstly retributive, then restorative, when it comes to a child perpetrator, the primary concern to specialists in the legal, psychological and social assistance field must be the effective protection and social reintegration of the minor. The courts for minors are meant to be able to determine the needs of every child who falls under the law, regardless of its quality (perpetrator, victim, witness, collateral victim). Creating a child-friendly justice system gives the child a safe and ideal space where all his rights are respected and his voice is heard, regardless of age, maturity or social status, benefiting from social and legal assistance for the entire duration, prior, incipient and subsequent to a judicial procedure in which the child takes part. In general, court proceedings may be delayed due to certain intervening factors that may have a negative impact on the parties, which is in contradiction with the act of justice. In this context, we point out that the delays in the court proceedings involving children brings with them the victimization and traumatization of the child. Finally, institutional actors have a duty to keep away a child from the rigid and traumatic side of applying justice and transforming it into child-friendly justice.
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Facing the challenges and dealing with the refugee crisis in the Republic of Northern Macedonia has been and still is subject to constant and enhanced monitoring by the Ombudsman – National Preventive Mechanism (NPM), which continuously monitors compliance with its mandate and responsibilities on the rights of migrants.Since the end of 2014, there has been an unprecedented influx of refugees in the Republic of Northern Macedonia transiting through the territory of the country to the EU member states. From the beginning of state registration in June 2015 to the end of the same year, there were 388,233 refugees who passed through the country. This paper will address the issue of migrants in the Republic of N. Macedonia in the last five years through the existing legislation in the country and will tackle the problematic points of the Macedonian legislation in this area.Although the issue of migrants is not as acute today as it was a few years ago, the country is still obliged to comply with international law and bring the treatment of migrants into compliance with the obligations it has undertaken by signing international agreements.
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The International Criminal Court is undoubtedly the most significant achievement of international co-operation for the prosecution and punishment of the perpetrators of war crimes and crimes against humanity. The evaluation of its activities should be carried out in the light of an international environment filled with obstacles in which it operates. This paper reviews the balance of power between politics and international law on the international scene and the way it affects the efficiency of the International Criminal Court (ICC) in The Hague. It analyzes the issues which the Court faces in fulfilling its duty to investigate and prosecute the most heinous international crimes. Several factors adversely affect the ICC’s effectiveness and call its future into question. In conclusion, this paper takes the stance that despite the difficulties it faces the existence of the International Criminal Court is invaluable for the development of international law.
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The classical effects of the request for a preliminary ruling by the European Court of Justice are expressed in the qualification of the national judiciary and the improvement of the understanding, respectfully the application of the Law of the European Union, but the implication of those effects overshoot by far their concrete parameters. Evaluating the principles of the European Union through the prism of the practical cases and its reflection in the national law-making creates new values for the society in transition and justifies the choice of joining the Community. Underestimating the right of preliminary ruling by the European Court of Justice and its abuse, as well as the refusal of a preliminary ruling by the European Court of Justice, are the natural satellites of the institute and they also have to be analysed and explained. Finding the national judges’ readiness to address the European Court of Justice with a request for a preliminary ruling, as well as finding its jurisdictional competence, are undoubtfully a projection of the improvement of the Community itself.
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The fate of the nation-state and its future in human development is one of the topical issues on the agenda in Europe. The question of the existence, the political and socio-cultural identity of large groups of people who reside long or permanently outside their home country or outside their country of origin naturally arises. Of interest is both the role of their country of origin for their survival and future, and their role in the development of political, socio-economic relations in the countries in which they reside and those with which they are closely related by ethno-cultural, religious, family and other reasons.
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Modern representative democracy has recently become an essential part of the political life. Direct and representative exercise of legislative power in a global transition in terms of the dynamic processes of the European strategy is related to the search for adequate models for strengthening the civil society and the direct participation of citizens in the implementation of legislature. The legal-sociological aspects of legislators and legislatures are an interdisciplinary approach which focuses on the social interactions, groups, and institutions involved in the process of parliamentary representation. Legal and sociological parameters of the legislature show a functional connection between the established constitutional model and its empirical characteristics.
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Among European Union members, Bulgaria is unique in that its administrative justice provides for possibility of appeal within the supreme jurisdiction in the area of administrative law. As it is well known, certain types of cases are heard by SAC in three-judge panels and the decisions of these panels are subject to appeal before five-judge panels of SAC. This system has a number of practical inconveniences. Moreover, it completely contradicts the Western models of administrative justice, from which our country has adopted. Is should be abolished and in the article de lege ferenda suggestions are made.
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The Supreme Court of Romania has at its disposal a procedure whereby it can give a decision to unify the domestic case-law, namely the appeal in the interest of the law. The study examines all appeals in the interest of the law, from 2003 to the present. Typologies of the application of European Union law are taken into account, highlighting decisions in which the interpretation of the legal rules in the new codes in civil and criminal matters was taken into account. Appeals in the interest of the law followed the general social interest, the problems that were considered in unifying the case-law being in the field of criminal law, especially the European arrest warrant, then successive forms of the car registration tax and unfair terms
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The primacy of European Union law over national law was enunciated, as a principle, by the Court of Justice, which stated that the founding treaties of the European Communities had created a new legal order, integrated with the national order of the Member States, awarding precedence to community law/European Union law over national law whenever the two are in conflict. Although this principle is accepted, by national courts, when the conflict arises between EU law and ordinary, or even organic, national laws, the primacy of European Union law over the Member States’ constitutions has been repeatedly challenged by the constitutional courts in several Member States. The Romanian Constitution was modified in 2003, in preparation for Romania's accession to the European Union, which required integrating the acquis communautaire and modifying conflicting national laws. Consequently, up until the present time there have not been any conflicts between EU dispositions and constitutional ones. However, future changes in national or Union legislation might give way to such a conflict, in which case the Constitutional Court would have to decide whether it recognises the primacy of EU law over the Romanian Constitution. The article shall present the concept of primacy, the various perspectives on it as seen in the ca se of law of the Court of Justice and that of the Member States’ courts, and the relevant Romanian legislation.
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In the field of legal protection of movable cultural heritage, there are two important sections concerning, on the one hand, the restitution by the Romanian state of movable cultural goods that have illegally left the territory of a EU Member State, on the other hand, the recovery of movable cultural goods that have illegally left the territory of Romania. The legal regime of the protection of these goods in domestic law is harmonized with the legal regulations in the European Union within the broad framework of the legislative integration at the Union level. The seat of the matter in the Romanian legislation is represented by Law no. 182 of 25 October 2000 on the protection of the mobile national cultural heritage. By Law no. 123/2017, it was amended in order to transpose into national law Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 (Recast). The EU legislation and the national legislation of the Member States create a system for the protection of cultural heritage objects, in this case, and cultural heritage, in general, at European Union level, governed by the principles of subsidiarity and proportionality, as laid down in the Treaty on European Union.
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Through the effects produced at international level, the European law is highlighted both by its autonomy and uniformity, but especially by the obligation applied non-discretionarily to all the Member States of the European Union, as a result of the establishment of an efficient system of judicial protection. The instruments created by the European institutions for the unitary implementation of the norms at national level have, over time, been widely applied, managing to cope effectively with the situations in which the principles of European law have encountered difficulties of application by the state jurisdictions. However, within the process of implementing European norms, a series of dysfunctions in relation to the national regulations have arisen, situations for whose resolutions have effectively competed both the pre-eminence of the European values, established in the treaties, and the exercise of the sovereign prerogatives of national law. At the same time, the states have created a set of constitutional mechanisms designed to facilitate the connection of European norms with the democratic and internal societal needs. In this respect, by linking national constitutional requirements to European jurisprudence, a fair and unitary relationship at European level of complementarity between objectives and means pursued and protection of human rights is created.
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The unifying role of the High Court of Cassation and Justice in Romania is realized - among other things - by solving the appeal in the interest of the law. Conceived as a procedural me ans meant to contribute to the unified interpretation and application of the law throughout the country, it strengthens the position of leader of the judicial order of the supreme court. The new procedural codes - civil and, respectively, criminal - substantially improve the regulations in this area, but in a limited and non-uniform way, as will result from the issues under debate. The lack of unity of the judicial practice is not an exclusive issue of justice in Romania, but the current dimension of this phenomenon constitutes a serious concern, a fact which is also noted in the documents of the European Commission and in judgments of the European Court of Human Rights. Non-unitary and contradictory practice generates legal insecurity and deepens distrust of justice.
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Current paper underlines the difficulty to establish a unitary approach, necessary for interpretation or for enforcement of legal concepts recently introduced in Romanian legislation by national or European jurisdictions. Between all new concepts specific for criminal trial, the concept of pretrial chamber represents a legal novelty challenged both from the perspective of its opportunity and its availability
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The processing of personal data is legal if the conditions of Regulation (EU) 2016/679 - GDPR are met. Regarding the legality of the processing, the article focuses on the processing of personal data under the conditions of art. 6 GDPR: processing is necessary for the performance of a contract to which the data subject is party or in order to enter into a contract. The article draws boundaries between this legal basis for processing and consent-based processing. The crisis caused by the Covid-19 pandemic brought many challenges, the article analyzing some aspects related to the processing of personal details in the context of the Covid-19 crisis.
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Freedom of movement is one of the fundamental rights within the European Union, an essential and absolutely necessary element for the existence of the common market. This field’s acquis gives the European citizens the right to move freely within the EU in their personal and professional interests. In this dynamic field, which is evolving at the pace of the European integration process, free movement has an important social dimension. Free movement is not absolute but may be subject to certain limitations dictated by overriding interests and may therefore be restricted for reasons of public policy, public safety and health. The importance of the analyzed theme arises primarily from the fact that it is a topical issue related on the one hand to the purpose that formed the basis of the formation of the European Union, to give equal and mutual rights and benefits to the citizens of the Member States, and the main advantage was the right to free movement and, on the other hand, the current reality facing humanity in the context of the current crisis generated by the COVID-19 pandemic. The principle of non-discrimination regarding the right of residence and work within the European Union has been and will be at the heart of the free movement idea. An important aspect that makes the issue of free movement to be and to always remain relevant is the changes of political, economic, social and legislative nature at national level within the Member States of the European Union, changes that implicitly also influence the relations with the other Member State of the European Union.
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In Romania, the legislator considered to regulate, on a temporary basis, some necessary measures in the field of public health in situations of epidemiological and biological risk, to prevent the introduction and limit the spread of infectious diseases. Measures such as the quarantine or isolation of persons shall be ordered and applied exclusively for the protection of public health, respecting the fundamental rights and freedoms of citizens, meaning that they must be in proportion with the situation which determined them, limited in time to this and applied in a non-discriminatory manner. Public authorities such as the Public Healthcare Direction - for individual cases or the National Committee for Situations of Emergency - for populational groups, have the legal competence to assess and order either the quarantine of persons or the zonal quarantine by reasoned decision which will contain endorsments on the date and the issuer of the act, the name and identification data of the quarantined person, but also the duration of the measure and the remedy provided by the law.
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The study addresses the problematics of the recent foundation of the Advisory Group on Consumer Protection Policy on 22 December 2020, the first meeting of which took place on 21 February 2021. Pursuant to the launching by the European Commission of the New Consumer Protection Agenda, the Commission’s Directorate-General for Justice and Consumers (DG JUST) intended to set up an expert group, namely the „Consumer Policy Advisory Group”, whose structure will bring together representatives of consumer organizations, civil society and industry, with the main mission of assisting the European Commission in a future implementation of the Consumer Protection Agenda from 2021-2022 on. It will provide expert advice on the implementation of the consumer protection agenda, both in terms of public policy, as well as on the 22 types of concrete actions in key areas of consumer policy. The paper underlines the main competences of the newly-established group of experts, which will suggest operational actions to the European Commission in terms of the implementing the high-level priorities set out in the New Consumer Agenda as input into the yearly priorities which were discussed at the annual Consumer Summit. Consequently, the CPA Group will contribute to the monitoring by the European Commission of the implementation of annual operational actions posterior to the conclusion of the annual Consumer Summit and will assertively assist European Commission services in the preparation and the implementation of legislative and non-legislative actions delivering on the priorities of the New Consumer Agenda. Nonetheless, the CPA Group is determined to foster exchange of experiences and good practices on the areas of the New Consumer Agenda, thus contributing to the fortifying of the actioning capacity of consumer organisations and to the intensifying of the latter’s progress.
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This study aims to bring to the attention of specialists the laudable approach of the Union co-legislator on the adoption of Regulation (EU) 2018/1805 on orders of unavailability and confiscation, a legal step taken to harmonize the legislation on the subject of analysis. The research methods used in our study are: a) the logical-concretized method by using the union and national framework norms in the matter of confiscation; b) the comparative method - in order to perform a comparative analysis of the main institutions of material and procedural law. We note, however, that the provisions of this Regulation are in accordance with the obligation to respect fundamental rights and legal principles enshrined in Article 6 of the Treaty on European Union (TEU2 in the sense that fundamental rights guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms constitute general rules of Union law. The Union norm that represents the theme of this study aims at ensuring the effectiveness of the recovery process of the assets derived from the commission of crimes, respecting the fundamental rights, especially of the third parties in good faith. Specifically, we refer to those exceptional situations, when there are good reasons to believe that, based on specific and objective evidence, the recognition and enforcement of a confiscation order would lead to a manifest violation of a relevant fundamental right of a third party of good faith. For such a situation, the judicial authority of the executing State must reconsider the automatic recognition of the confiscation order, relevant being the fundamental rights, in particular, the right to an effective remedy, the right to a fair trial and the right to defence and not least the right to the guarantee of private property.
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Why some European countries prefer cooperation than integration? In 2019 Iceland celebrated twenty-five years of cooperation with the European Union (EU) under the European Economic Agreement (EEA). Since 1992-1994, this country has preferred international/ regional cooperation rather than full supranational integration. This study summarizes some important dates and facts which explain some of the most important reasons why integration in the EU does not seduce Icelanders. Methodology is both descriptive (informative) and analytical (critical comment). All legal issues are approached from a wider economic, political and sociological context (law in context approach). A provisional finding is that the European legal integration project (and general pooling of sovereignty) will probably never fully convince Iceland for historic, geographic, legal, political and economic reasons. Lacking a history of nation-wars and situated geographically as the ultraperiphery of Europe, for this small nation rich in natural resources and scarce in population; supranational integration is neither a political imperative nor an economic necessity in ordinary circumstances. With the exception of the years 2009-2013, after a major financial crisis when Iceland was a candidate country to the EU....the EEA Agreement and European cooperation are preferable to full EU legal integration unless a situation of national emergency happens again....
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