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Between the 26-27 October 2018, at the initiative of the “Dunărea de Jos” University of Galaţi, the Association of Scientific Researchers in the field of International and European Law (Italy) and the “Acad. Andrei Rădulescu” Legal Research Institute of the Romanian Academy, at the headquarters of the “Ugo Spirito e Renzo di Felice” Foundation in Rome, was held the international colloquium “Romania and Italy. The common culture of the memory of the past 100 years. Memory and identity in the Romanian-Italian dialogue: symbolic spaces, legal, historical and philosophical issues”; the event was dedicated to the Centenary of the Great Union of 1918 – the most important historic moment of the Romanian people. In the scientific papers and interventions held on the occasion, various important aspects of the Romanian-Italian relations were approached.
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The study aims to highlight the main norms regarding the institution of the punishment (penalty), as provided in the Constitutions of the Member States of the European Union, with reference to the constitutional articles, accompanied by brief clarifications where deemed necessary. The paper is preceded by a brief analysis of the corresponding institution in the Romanian Constitution, with reference to the relevant domestic legislation.
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The aim of this paper is to make a comparison on the way in which it is regulated in Romania and in France the RIA – Regulatory Impact Assessment instrument. The analysis is starting for the assumption of the European Commission that "better regulation is about designing EU policies and laws so that they achieve their objectives at minimum cost". An instrument in achieving this goal is the RIA, which it was introduced and used not only for the EU administration, but also, as required by the European Commission, at the EU member states level. Through the comparison research method used in this paper it is expected to understand the way in which the two countries designed their legal framework for implementing the RIA instrument. By doing this, it could be observed if the two states subject to the analysis achieved one of the goals for having better regulation.
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Sustainable growth and job creation in European countries depend increasingly more excellence and innovation, which are the drivers of European competitiveness. Clusters are a phenomenon mainly focused on the market. Most successful clusters are created spontaneously as a result of natural competitive advantages, market forces or simply by chance. However, due to the policies established clusters in the Member States there is a growing number of cases where public policy on long-term initiatives economic entities or universities and research institutes senior allowed the emergence of clusters powerful acting as a catalyst and helping to unleash the economic and scientific certain regions.
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The article reveals the problem of Ukrainian and foreign state symbols criminal law protection considering domestic and world practice. The relevant norms of criminal laws of the Russian Empire, USSR and Poland, which were in force in the Ukrainian lands in the XIX–XX centuries, have been examined. An analysis of domestic judicial practice in criminal cases related to the abuse of state symbols has been done. It has been illustrated that Ukrainian law enforcement agencies do not always correctly determine the nature of this crime. That is due to the lack of constitutional laws enshrining the system of state symbols of Ukraine, as well as gaps in legal regulation, in particular in the aspect of criminal protection of the European Union flag as membership in this organization is a strategic foreign policy priority of Ukraine. Inter alia, the erroneous legal treatment of individuals’ actions during the protest which took place near the President’s Office on March 20, 2021 as an insult to the State Emblem has been emphasized. The authors also considered solutions of the problem within the framework of a particular legal system – in criminal law of the United States, Germany, France, Spain, Iceland, the United Arab Emirates, Uzbekistan, Japan and other countries. The scientific novelty of this investigation, among other things, is in the examination of both retrospective and prospects of legal responsibility for disrespect of the State language, which is necessary to establish according to the Constitutional Court’s decision on the validity of the Law of Ukraine “On ensuring the functioning of the Ukrainian language as the state language”. However, the authors are inclined to think that this issue should be regulated by administrative law, given the experience of some post-Soviet states. Proposals for amendments to the Criminal Code of Ukraine have been made.
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Following an indolent harmonization process in the area of direct taxation, the Court of Justice of the European Union (CJEU) largely undertook the mission to evaluate the compliance of national legislation with the principles of the Internal Market. In this process of negative integration, Member States have increasingly introduced novel justifications meant to counterbalance the application of the fundamental freedoms enshrined in the founding Treaties. This paper mainly focuses on Court of Justice’s rulings where various tax-specific justifications were employed under the “public interest” umbrella. Under the Court’s expansive and hesitant approaches, lies a large network of interrelated arguments, ranging from the need to preserve a coherent tax system to the imperative of preventing tax avoidance. The aim of this paper is to provide a contextual account of these justifications and comment on the suitability of their future usage.
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Our title is also a reference to the fact that European civilisation in Ibero-America, in thesetwo former colonial powers, represented a specific Portuguese-Spanish cultural tradition,imbued with Catholicism, an ideological, missionary evangelisation, crowned by the use ofeconomic coercion.Centuries of coexistence have given birth to an Ibero-American legal culture that hasevolved from the wars of independence in the 19th century to the present day, and which,while it may have its own particularities from country to country, can be seen as a coherentwhole in terms of its foundations and main components. It is another question entirelywhether, within this structure, we can point out where Ibero (or Hispanic) culture ends andnative (Indian) culture begins, from the point of view of, say, customary law. This aspect ofthe indigenous question began to have an impact on the unfolding of native (indigenous)peoples' movements around the 1992 bicentennial and then, in the 2000s, its thematisation,especially in Bolivia. Among blacks, the continuation of African traditions is not expressed incustomary law, but in the world of religion, superstition, nature spirits and creatures, rites,ceremonies, bird feathers, emblems, wood carvings, etc.
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The role of whistleblowers is important in a democratic society, in terms of implementing the postulate of transparency in public life, and for verifying the functioning of public institutions and persons discharging public functions. For many years, the European Union has encouraged the Member States to introduce such regulations. The research objective of the article is to evaluate Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of EU law in terms of the effectiveness and adequacy of the proposed solutions. Appropriate standards ensuring their protection constitute an important element enabling the realization of the freedom of expression and the right of access to information. The research is based on the legal dogmatic method. The article singles out and analyses the elements of an effective whistleblower protection system and performs a critical analysis of Directive 2019/1937 in terms of meeting these conditions. Undoubtedly, both the creation of a minimum level of protection at the EU level and the horizontal approach covering sectors, public as well as private, should be positively assessed. However, the Directive leaves some gaps for the national legislator, the fulfilment of which depends on the actual effectiveness of the solutions proposed in it.
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The legal framework of the medical activity has evolved during the course of European law history together with the social and economic significance if these activities. In this paper, using predominantly the historical research method, we will examine some fundamental waypoints regarding the organization as legal persons of the institutions carrying out medical activities, which we generically call hospitals. Taking as a departure point the Roman era, we will discuss, using the modern optics in regard to the fundamental characteristics of a legal entity (own estate, discrete framework and specific purpose)the evolution of these legal persons with a medical purpose. Due to the limited extent of this paper, we will limit ourselves to the European legal space and to only a few of the significant evolutions in regard to the medical institutions with a legal personality.
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This paper provides a comparison of the regulation of the pandemic in the Netherlands and Poland in order to determine whether a country with a high level of adherence to the rule of law in normal circumstances would also maintain this adherence in exceptional circumstances to a greater degree than a country with an initially lower level of adherence. The central questions posed in the paper are the following: what is the role of the rule of law in regulating the pandemic in the Netherlands and Poland? Is it true that the Dutch government was more successful in preserving legality than its Polish counterpart. By comparing the regulations in the two countries, the paper explores what role the rule of law – in particular, the principle of legality – may play in a crisis situation like this. According to Carl Schmitt, in a state of emergency, order has to be restored first before a return to the ‘normal’ legal order is possible. Does the regulation of the COVID-19 pandemic in the two countries confirm Schmitt’s claim or not?
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The aim of the study is to illustrate the problem of freedom of assembly during the COVID-19 pandemic against the background of the experiences of the Republic of Poland and the United States of America. This freedom is provided for in the constitutions of both states, which implies that public authorities are obliged to implement it also in COVID-19 conditions. Hence, the question arises as to whether, and if so to what extent, public authorities in Poland and the United States (countries belonging to the United Nations and obliged to consider the standards of human rights protection resulting from international law) applied solutions realising freedom of assembly in the conditions of COVID-19. The authors try to determine the extent of the impact of legal measures applied by public authorities in both countries on the realisation of freedom of assembly and the public reaction produced by these measures. The choice of such a context for assessment was justified by differences in the legal culture of the countries being compared, the structure of the state, and the approach of both the public authorities and the society to freedom of assembly.
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The subject of the article is an analysis of the provisions of four Polish Constitutions adopted in the 20th century, with regard to the model of the organization of state power defined in them, which is implemented by adopting one of the two principles, respectively the principle of the tripartite division of powers or the principle of uniformity of power. The author first presents the essence of each of these two principles. Then he offers a comparative analysis, divided into two parts. In the first part, the author compares the Constitution of 1935 with the Constitution of 1952, which both applied the principle of uniformity of power. Whereas, in the second part, he compares the Constitution of 1921 with the Constitution of 1997, which applied the principle of the tripartite division of powers. The analysis is aimed at presenting and as a result, showing that in the case of adopting the same principle – the tripartite division of powers or uniformity of power by two different constitutions, certain differences are visible in its formulation and practical application.
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The Romanian Constitution regulates in a limiting way exceptional states, given the “special” legal regime applicable during their development. Although the text of the French Constitution was an important source of inspiration in the process of drafting the Romanian Constitution, the regulation of exceptional states is different in the two Constitutions. For example, in Romania, the state of emergency represents one of the exceptional states regulated by the constitutional text, while in France it is regulated by Law. However, beyond the differences regarding the regulation of the exceptional state, we will be able to observe the similarities in terms of the content of the set of measures imposed by the establishment, in 2020, of the state of emergency in the two states. The main objectives of the research were the presentation of the exceptional states in Romanian and French law, the description and comparison of the state of emergency in both countries and the identification of the challenges that have arisen from this exceptional state. In order to achieve the abovementioned objectives, we used the following research methods: the historical, analytical and comparative methods and the case study. The leading results of the study are getting an overview of the regulation of the exceptional states in Romania and France and of the establishment of the state of emergency in 2020, with implications regarding the way in which the democratic states could ensure the legal order during these “special” times.
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The reactive nature of the legal field is slower than ever in response to the technological realities and the users’ desire for independence and decentralization and major financial phenomena, such as NFTs, remain vaguely regulated in adhesion contracts which most internet users do not read. The purpose of this article is not to frame these relations into national law concepts, but is driven by the need to draw attention to certain concepts which, along with the cited authors, I consider to be legally inaccurate and delicate.
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Globalisation has provoked a deep transformation in international law, political affairs and governance with contradictory consequences. It has stimulated the cosmopolitan project of global constitutionalism, transnational integration and the unification of democratic standards. However, it also resulted in the fragmentation of international affairs, the deterioration of constitutional democracy and a feeling of a growing shortage in democracy on national and international levels of governance. Trying to balance the impact of these two opposing trends, the author analyses the positive and negative effects of globalisation on constitutional development regarding such issues as transnational constitutionalisation, democracy and national sovereignty, the changing place of multilayer constitutionalism, the international separation of powers, and the system of global governance in the establishment of transnational constitutional democratic legitimacy. From this point of view, the populist backslide in Central and Eastern Europe (CEE) looks dangerous and unforeseen, but it is a systemic and potentially predictable reaction of global regions on the uneven character of integration, the lack of democratic legitimacy and a new answer to the contortions and dysfunctions of global governance. An adequate response to these challenges could be found in a new concept of constitutional integration based on ongoing dialogue between the transnational and national actors of legal globalisation. This dialogue is possible by using a conflict-mediation strategy, elaborated by international experts, especially, for the deliberation of complex and protracted conflicts, which have no clear practical solutions in the short to medium term.
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Background: The paper undertakes a research of acquis communautaire regarding VAT grouping. It also analyses the motives for adopting VAT grouping regulations in some EU Member States and examines the circumstances of adopting these regulations in Poland. Moreover, 2021 Polish VAT grouping provisions were analysed within the context of similar arrangements of some EU Member States. Research purpose: Recognition of the motives for introducing the possibility of group VAT regulations at the EU level and the arrangements of said regulations within some EU Member States allows examination of how the relevant regulations have been implemented in Poland. Not only were the legal regulations themselves or their interpretation evaluated, but above all, changes were proposed that should contribute to a more effective implementation of the VAT Directive in this area. Methods: The article uses the method of logical-linguistic analysis of normative material, which is supplemented to the necessary extent by the historical-comparative method. Conclusions: Areas in the Polish VAT group legislation that require clarification or amendment have been identified. In particular, the article indicates the need for changes in provisions concerning the concept of taxable transactions in the VAT group, the application of the coefficient of VAT deduction in the VAT group, and the adjustment of provisions concerning records, including records using cash registers.
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The issue of the relations between the European Court of Justice and the constitutional courts of the Member States is a topic of great importance. The latest proof of that is the PSPP judgement of the German Constitutional Court. It has also shown what might happen if judicial dialogue is abandoned. The aim of the paper is to consider the consequences of the PSPP judgement as well as to analyse the conditions for the restoration and development of trust between the courts. The author presents the concept of ultra vires which has been used by the German Constitutional Court. In subsequent parts of the paper, the discussion focuses on the PSPP judgement and the surrounding scholarly debate and points out the consequences for both sides of the dispute. In the author’s opinion, the PSPP saga may, under some conditions, have positive implications for judicial dialogue.
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Achieving an optimal work–life balance has been a policy objective of the European Union for many years. Despite progress in this reconciliation, inequalities in the labour market and in gender equality still persist. It should be emphasized that we are not just talking about inequalities in the private sector, the issue of reconciling family and working life is also relevant in local government conditions, and it also affects private and public sector employees who are responsible for families. In the context of European social and legal culture, the legislature, by means of family policy, not excluding legislative measures taken by labour legislation, creates the conditions for workers – women and men caring for children and other dependants – to ensure that they are not subject to economic and social instability. In this study, we analyse the minimum standards of Directive 2019/1158 on work–life balance for parents and carers, focusing on the institutes of maternity, paternity and parental leave. Comparatively, we examine the extent to which the Slovak Republic has adopted legislative measures of family policy with the legislation of Italy.
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