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In this article analyzed the procedure for authorizing the testing of professional integrity and the assessment of the result of the test of professional integrity regulated in XXXIV of the Code of Civil Procedure of the Republic of Moldova. All the procedural conditions in which this procedure takes place are investigated. Particular attention was given to the analysis of the means offered by the procedural law to the court to ascertain circumstances in order to achieve the purpose of this procedure - authorizing the testing of professional integrity and assessing the result of the professional ingratitude test.
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The social response to crime is associated with the fight against crime. This "fight" is carried out by means specific to the defense of such important social values protected by law, respectively by legal means of criminal law and criminal procedure. Social control becomes a real mechanism by which society verifies its members, a social mechanism by which law, norms, customs, morals, ethics and morality are considered as forms of social control that impose different types of social reaction in case of their violation, by non-compliance. The reaction against delinquency, crime in general, gives rise to certain typologies. The main types of social reaction are those related to the repressive mode of reaction, the preventive typology of social reaction and the dual model. The models, the standards of criminal policy that we find in different countries, cannot be and are not identical. They are closely linked and depend on the political, social, economic and cultural specifics of each country, its own historical progress and evolution, the regional situation in which it is located but, last but not least, the state and dynamics of the criminal, national and transnational phenomenon. Using the questionnaire method, a group of respondents from different social backgrounds, of different ages, people who were more or less confronted with the act of justice was interviewed. Approaching this method of sociological research, I outlined some of the elements that reflect the reaction of society to delinquency analyzed through the prism of the state's criminal policy.
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Review of: David Moxon (2020). Colin Sumner: Criminology through the looking-glass. Switzerland: Palgrave.159p.
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Synthesis of national tax case law with commentary
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The Case-law Of The European Court Of Justice September – October 2023
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The prohibition of being liable to be tried or punished again in criminal proceedings for the same offence ne bis in idem – is one of fundamental criminal proceeding principles and a basic human right. It protects the defendant from reopening the proceedings for the same criminal offence in respect of which the proceedings were finalized. Primarily, the effect of this principle is related to final court decisions. Regarding the decisions of the public prosecutor, there is a legal gap. As the reformed criminal procedure provides broader jurisdiction to the public prosecutor, it has seemed a necessity to consider in this paper what status is given in practice to the decisions of this procedural entity regarding the prohibition of ne bis in idem. During the review, the views of the European Court of Human Rights and the Court of Justice of the European Union are presented, which plays a key role in defining the principles and setting standards for the application of the principle, as well as domestic case-law. The author believes that a broader interpretation should be accepted so that the effect of the ne bis in idem principle is not limited only to court decisions but also to include the decisions of the public prosecutor. In this way complete legal certainty is achieved and uncertain legal situations are eliminated.
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Pursuant to the amendment, passed on 28 July 2023, to the Polish Act on Counteracting the Threat of Sexual Offences of 13 May 2016, the obligation of special verification aimed at preventing threats of sexual crime was extended to persons to be admitted to activities related to, among others, spiritual development. This obligation entails checking the name of an individual against the Register of Sexual Offenders. The aim of this paper is to analyse the provisions relating to this matter, considering the specific nature of the activities clergy engage in for the benefit of minors. It is important to determine what impact the extension of the verification obligation has on the activities of churches and other religious organizations. In respect of de lege lata, the author points out that – as a rule – this obligation rests on church legal persons. The paper also addresses concerns regarding the interpretation of the analysed provisions.
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In its judgement of 15 September 2022 in the case of Rabczewska v. Poland (App. No. 8257/13), the European Court of Human Rights (ECtHR) held that the conviction of a Polish singer for her statement made during a press interview – “It’s hard to believe in the writings of someone wasted from drinking wine and smoking some weed,” referring to the authors of the Bible – violated Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The findings and conclusions presented by the ECtHR in this case significantly differ from those given by the domestic courts. Despite the shortcomings identified in this study, the ECtHR’s judgement deserves approval. This underscores that adjudication by the domestic courts under Article 196 of the Criminal Code, which penalises insulting religious feelings, cannot be divorced from the Convention’s standards. Moreover, the ECtHR’s judgement in Rabczewska v. Poland requires that domestic courts engage in thorough reflection on the essence of insulting religious feelings in light of the ECtHR’s rulings. Accordingly, a clear standard for ECtHR adjudication in cases involving freedom of expression and the protection of religious feelings is highly desirable. Therefore, the ECtHR should eliminate all deficiencies in argumentation, gaps and substantive errors from its justifications of judgements.
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The aim of this paper is to draw attention to the tendency of European institutions to shift the category of Islamophobic crimes from the normative context of the protection of religious freedom, which is vested in all religions, to the area of preventing and combating racism, which is dominated by the idea of the protection of minorities. The revised General Policy Recommendation No. 5 of the European Commission against Racism and Intolerance (ECRI) represents an important starting point in assessing the change in the model of criminalization of Islamophobic behaviour. The article analyses the concept of Islamophobia, axiological and political assumptions of Recommendation No. 5 and the types of behaviour classified by the ECRI as acts of hatred constituting manifestations of anti-Muslim racism, which should be penalized. The paper also delves into the potential systemic effects of implementing these recommendations, pointing out that an overemphasis on anti-racist policy versus the need for universal protection of religious freedom may violate the principle of equality before the law with regard to other religions, especially Christianity, and even religious freedom itself.
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The background for this article is a case study in which parishioners reported their parish priest for allegedly violating canon law by living in concubinage. The accusations turned out to be false, and the alleged concubine demanded that the diocesan bishop reveal the identities of the reporters. The aim of this article is to determine whether it is permissible to disclose the personal data of the person reporting a church offence to the person whom the report concerns or to other individuals. The article examines this issue in light of both canonical law, including the 2018 General Decree of the Polish Episcopal Conference on data protection, and other generally applicable laws regulating personal data protection (Polish and European laws, including GDPR), as well as other regulations protecting personal rights. To answer this question, the authors have employed the legal dogmatic method to interpret provisions on data protection and the comparative method to compare the scope of data protection in Catholic canonical law and Polish law. This paper focuses mainly on the conditions that must be met, in light of the applicant’s factual and legal interest, for personal data to be disclosed. The analysis shows that neither a factual interest nor a legal interest of a spiritual nature sufficiently justifies the disclosure of personal data; it is necessary to prove the applicant’s material legal interest. According to the proposed syllogism, since the applicant in this case has a material legal interest and the report was false and made in bad faith, the diocesan bishop should conclude that the reporter is not protected and should disclose the data in accordance with the request.
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The case concerns the conviction of the claimant Spasov, a Bulgarian citizen, owner and captain of a small fishing vessel, under the Bulgarian flag, by the Romanian criminal jurisdictions for illegal fishing in Romania's exclusive economic zone in the Black Sea.
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The Imperial Chemical Industries plc. (ICI) vs. Kenneth Hall Colmer (1998) case‑law addresses the issue of limiting tax exemptions for multinational companies based on the location of their subsidiaries. ICI challenged UK tax legislation that refused to allow the deduction of a subsidiary’s losses from the company’s profits if the majority of subsidiaries were not based in the United Kingdom, considering it a restriction on the freedom of establishment, guaranteed by Articles 52 and 58 of the EC Treaty (now Articles 49 and 54 TFEU). The ECJ ruled that national legislation imposing such conditions is contrary to EU law, emphasizing that member states must respect the freedom of establishment and not impose discriminatory tax treatment based on the location of the corporate headquarters.
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If long time ago fleeing on the territory of other States of convicted offenders who wanted to avoid the enforcement of sentences was an optimal solution, the development of legal instruments for international judicial cooperation and especially the simplification and harmonization of surrender procedures between the member States of the European Union led to the result that the spaces where convicted persons could consider themselves sheltered became more and more restricted. This led to the need for the convicted offenders to identify, mainly with the help of lawyers, gaps or imperfections in the legislation of other states, which would allow either the refusal of extradition to the issuing State, or the enforcement of sentences in alternative ways to the one in deprivation of liberty regime. In the article, two well-known cases are analyzed, in which the convicted persons managed to avoid the enforcement of the sentences, fleeing Romania and arriving in Italy, a country where the harmonization of the national legislation with the provisions of the Decision - framework 2008/909/JAI and with the principles deriving from the jurisprudence of the Court of Justice of the European Union was realized late and overlapped with a great flexibility of the judicial authorities in the interpretation of the European law. A first problem analyzed refers to the possibility of the judicial authorities of the executing State to proceed, following the recognition of the sentence, to a re-individualization of the way of enforcement of punishment, replacing it practically with one that does not involve deprivation of liberty, aspect which is considered to be contrary to the purpose of the principle of trust and mutual recognition, which is the basis of international judicial cooperation. A second issue concerns the fact that the judicial authorities of the executing State are using the prerogatives of interpreting and applying the domestic law of the issuing State, a matter that goes against the principle of territoriality of the application of criminal law. Finally, the last issue analyzed refers to the impossibility of the coexistence of a warrant for the enforcement of a custodial sentence, issued by the issuing state and on the basis of which a European arrest warrant was also issued, with another warrant for enforcement, issued by the judicial authorities of the State that proceeded to the recognition of the judgment of conviction and which was thus integrated into the internal legal order of the latter State.
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Since Croatia’s establishment as a sovereign country in the early 1990s, foreign investments have been identified as a strategic priority of its economic policy. Croatia seeks to provide a stable legal environment for foreign investors through its domestic rules, EU law or bilateral investment treaties. Providing legal protection in international investment disputes is a challenging task, and requires careful balancing between protecting private investor interests and the public interest in the State of investment. Entrusting this task to ad hoc arbitration tribunals, which adjudicate based on a specific body of investment law, and its open concepts, has been under increasing criticism, leading to a conclusion that the characteristics that distinguish arbitration from court proceedings are, at the same time, its greatest shortcomings. On the trail of this reflection, and following the Achmea case, there is increasing advocacy for establishing a special EU court for international investment disputes. This paper focuses, however, on the investment dispute resolution before ICSID involving Croatia either as the respondent or the home state in the last half decade.
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Superficies is a real right over the good of another. It was consecrated in ancient Rome and ensured the exercise to the right of ownership over the construction erected on the land of another person, both in the Eternal City and in the territory of the provinces. The conquest of Dacia resulted in the application of Roman juridical institutions; they were applied in the Carpatho-Danubian-Pontic area, where they adapted to local realities, developed, and contributed to the formation of Daco-Roman law, and later, Romanian law. The provisions of the old Romanian law fit superficies into the category of real rights over the good of another. Although the representatives of the privileged social categories took advantage of this legal figure in their interest, it contributed to the development of urban life and commerce. This explains the fact that the jurists who carried out their activity between the half of the 17th century and the first half of the 19th century regulated this real right with the help of the Romanian Textbook (Cartea Românească de Învățătură), the The Re-shaping of Laws (Îndreptarea Legii) and some codes adopted in the second phase of the Turkish-Phanariot regime. But the adoption of the French Civil Code in 1804 brought new elements. Its provisions contributed to the removal of the last vestiges of feudal law by merging the legal regime of emphyteuse with superficies.
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The harmonisation of the European Union's Digital Services Law epitomises a joint collaboration in the making of a legal framework where innovation and economic growth may find fertile ground. The convergence of such legal frameworks would not turn out to be an idle bureaucratic practice, but a visionary step toward a digitally integrated Europe. This harmonisation process means evading legal uncertainties and incoherencies deterring the smooth delivery of digital services by bringing national laws into line with overarching EU directives. This study, therefore, seeks to look at the detailed legal and regulatory framework that shapes the notion of a unified Digital Single Market in the European Union. With services crossing borders so easily, this article explains the subtle balance that has to be struck in a bid to nurture innovation while maintaining consumer rights, non-distorted competition, and data privacy. The narrative meanders to the pivotal legislative milestones of the Digital Services Act and the Digital Markets Act as a way to appraise the transformation this will exact on service providers and consumers alike. It contemplates the subtleties of cross-border data flows, dismantling barriers to digital trade, and emphasising harmonisation at the level of national rules in this domain. By providing a comprehensive analysis of current policies and landmark decisions of the European Court of Justice, the article underlines an urgent need for a smooth-acting, responsive legal framework - one that will foster the growth of the digital economy while protecting the fundamental rights of citizens. It further emphasises the ethos of collaboration amongst member states in the EU and stands to uphold a uniform approach in the mastering of the complexities surrounding service provision in the digital market, displaying that the DSM is resilient and inclusive in the whirlwind created by technological evolution.
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The paper puts face to face the blockchain technology and the services attached to it in the field of Decentralised Finance (DeFI) as it tries to answer to questions related to the efficiency of its use and the means to regulate this type of new financial services. At the same time, it proposes a series of technical and legislative solutions in order to mitigate the risks for businesses and consumers and to prevent any systemic dangers for the financial and banking system.
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This paper discusses the arguments that were used in the parliamentary debates in Hungary when the introduction of the personal income tax in 1987 was discussed in the plenary session. The thesis is that the reasoning in the national assembly towards the end of the socialist regime in Hungary could be analysed as a real parliamentary debate back then, because the less influential a national assembly is, the more informative its debate may be. So owe to its fairly irrelevant, non-influential therefore more informative dispute, the reasonings may be studied. Although no doubt occurred that the personal income tax should be progressive, the reliance on data in a secretive socialist country did raise some questions. Indeed, the objective of the progressive personal income tax cannot be achieved without an overall trust in the system. Yet, this trust was everything but obvious during the discussion. Besides, applying the justifications of the Huerlimann-Brownlee-Ide pattern of arguments used for in the political debates after WWII in matters of taxation, it is interesting to construct the Hungarian debate in this context too: Hungary even in the socialism, proved to be rather closer to a non-consensual society than not, which provided for tax regimes ad-hoc, reacting to the crisis at hand, where nonetheless the reasonings of the traditional social democrats were used so as to create a competitive - non-consensual - eonomy. Thus the reasonings are closer to the consensual policy-making model, but the aim is to deal with a crisis mobilization model: 'if you want to achieve something you have to do it on your own'.
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