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Editor's note about the 14th International Conference „Contemporary Approaches in Banking and Financial Law” took place in Bucharest, Romania, on 15 April 2021

Author(s): Cristina Elena Popa Tache / Language(s): English Publication Year: 0

The 14th Banking and Financial Law Conference took place in Bucharest, Romania, on 15 April 2021, which I had the privilege of moderating. It seems that banking law has never faced such great challenges and all this can be done only with specialized lawyers very well trained in banking and financial field. A country that does not have banking guidance from its own team of elite specialists in banking law will not find the way to progress because it will not be able to identify the best solutions. For this purpose, a very important approach is the exchange of experience through conferences, working groups, research committees, the writing of studies, articles or the elaboration of re- search programs in this field.

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Legislative election during pandemics. Challenges to democracies

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

The Covid-19 pandemic has challenged the democracies. A representative democracy is the favourite instrument in terms of expressing a people’s sovereign will. Any democratic system is based on free, periodical elections. The election procedure is the natural way in which peoples participate indirectly in political decision-making. The conduct of the election under special conditions, like the conditions the heath crisis imposed, had consequences, particularly in terms of legitimacy. The pandemic-affected countries have taken a number of measures to ensure safe voting to electors, though a number of shortcomings marked the organization and carrying on of the election processes, such as lack of funding, technical errors, quarantined people’s inability to vote, low attendance, and legitimacy issues. In our study, we are analyzing the legislative elections that took place in Romania, Slovakia, Croatia, and Lithuania. After the electoral processes, which took place under these special conditions, it is a must to rethink the electoral processes in order to allow all voters to participate in the election of political decision makers.

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The efficiency of the legal framework in fighting domestic abuse. Comparative study Romania - UK

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

The present paper aims to identify, with the instruments of comparative law, similar provisions, namely differences that can be adopted in national law, by reporting Romanian legislation on combating domestic violence to the legal provisions in the UK. As a novelty, I have included a survey conducted on an accessibility sample of 50 lawyers from the Bucharest Bar, with experience in domestic violence, respectively 50 employees of barristers firms in the UK, to evaluate, comparatively, how they relate to the quality and efficiency of the legislative framework, respectively to the changes that have been brought to it or are still to be brought. The conclusions of this paper derive both from the comparative analysis of the legal norms applicable to domestic violence, in the two legislative systems, and from the analysis of the answers obtained to the questionnaire that include in the Annex.

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General issues regarding the risk of water pollution

Author(s): Lidia-Lenuța Bălan / Language(s): English Publication Year: 0

Global water resource protection policy has, over time, undergone a constant process of transformation and adaptation, in the sense that it has faced a number of challenges and uncertainties dominated by economic, political, cultural, climatic and to solve the problems generated by humanity through the actions taken for its survival and wellbeing on earth. For its welfare there has been a substantial increase in civilization, for some states, and an accepted technological and scientific progress, but which over time have unbalanced and degraded the environment and especially there have been massive pollution of water resources. This material discusses general elements on the risks of water pollution with a summary classification of forms of pollution and a summary of the legal instruments governing the area in question, with a presentation of the risks to humanity and the environment in general. The protection against any forms of degradation and pollution of water resources is done by sustaining and streamlining the field with the involvement of all actors in the world, from the public to the private sector.

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Regulating Crypto Assets under the Covid-19 pandemic veil: legislation in the EU and the Czech perspective

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

This contribution aims to discuss recent regulatory initiatives concerning crypto-assets and to analyse the development on the market of crypto assets with reactions made by regulators. During the Covid-19 pandemic the financial markets, especially crypto assets experienced unprecedented volatility. The economic uncertainty and dynamic rise of crypto assets together with retail investors’ higher attention forced regulators to react. Based on the latest market development the contribution shall discuss key elements of the proposal for a regulation on market in crypto assets. After descriptive analysis of the legislative proposals, the weaknesses should be analyses aiming to identify key problematic issues and potential consequences of the proposal. The critical discussion should justify the need for regulations to draw attention to aspects that shall be revised during the legislative process. Special attention is paid to the regulation in the EU and implications for the Czech Republic.

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The legislative approaches to COVID legislation in the area of insolvency

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

The COVID-19 has appeared in several waves in Europe. The lawmaker promptly introduced public health measures and reduced economic activities. After that, the rules focused on business law, insolvency law, enforcement law, and other areas of law were adopted. The article focuses on the nature of the rules concerning COVID-19 insolvency law and investigates the principles of prolonging these rules as the reaction to the next waves of COVID-19. The article explains and compares different legislative practices concerning prolonging the COVID-19 insolvency rules.

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Covid-19 vaccination practices in the workplace and the comparison of data protection practices between the European Union and Turkey

Author(s): Sena Karaduman İşlek / Language(s): English Publication Year: 0

The world has been dealing with a pandemic for almost two years. Since COVID-19 has been spreading rapidly, individuals have been asked to provide test results about not being infected. Test results and vaccination fall within the scope of personal data. To be more specific, these data are categorized as health data. The safety of health data throughout the pandemic needs to be ensured. There must be certain procedures to follow when people process health data. To secure the workplace, employers ask about the vaccination status of their employees. This paper focuses on the processing of vaccination status of employees in the workplace and whether employers can record the vaccination status of their employees and the terms under which they can do so. In this regard, processing vaccination data in the practices of United Kingdom, Belgium, Ireland, Czech Republic, Italy, and Turkey will be evaluated.

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NEKE PRETPOSTAVKE ZA BRISELSKU BOSNU I HERCEGOVINU

Author(s): Omer Ibrahimagić / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

This paper discusses the process of accession of Bosnia and Herzegovina to the European Union and the Euro-Atlantic security system at a time when Bosnia and Herzegovina’s state structure is regulated under the Dayton Agreement, according to which the main pillar of the political order is the rule of three ethnic groups instead of citizens, which therefore instead of democracy introduced the rule of ethnocracy. The consequence is that even 20 years after Dayton Bosnia and Herzegovina is still not a functional state, because the entities created by ethnicity (Serbs in the Republika Srpska, Bosniaks and Croats in the Federation of BiH) have become self-sufficient (entitocracy) and disinterested in the creation of a single state policy. Therefore, BiH has no strategy of socio-economic development and lags behind in meeting the requirements for joining the European Union, for which two-thirds majority of its citizens have voted. This paper offers proposals whose adoption would achieve at least some assumptions to accelerate the process of transition of Bosnia and Herzegovina from Dayton (chained with ethnicities and entities) into Brussels (dynamic-civil) phase of its EU accession.

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KRIVIČNOPRAVNA ZAŠTITA OD TERORIZMA (MEĐUNARODNI STANDARDI I PRAVNI OKVIR U BOSNI I HERCEGOVINI)

Author(s): Miodrag N. Simović,Mile Šikman / Language(s): Serbian Publication Year: 0

Terrorism, as one of the most serious types of crime, has been part of the criminal legislation norms for many years. Nevertheless, its escalation in the last 30 years has had an international impact on this phenomenon. It seems that terrorism is most dealt with in international law. This has led to the strengthening of criminal repression (prescribing stricter penalties) and an increase in the number of terrorist acts. As a result, in Bosnia and Herzegovina these acts are systemized as crimes against humanity and other values protected by international law, and are punishable by a maximum sentence (long-term imprisonment). Besides basic terrorist acts, a new form of terrorist activity, terrorism financing, was introduced in 2003 and four more types in 2010, public incitement to terrorist activities, terrorist recruitment, training for terrorist activities and organization of terrorist groups. Then, in 2014 participation of Bosnia and Herzegovina citizens in foreign terrorist activities was incriminated as a crime of illegal formation and joining of foreign paramilitary and para-police formations. In addition, there were more opportunities for effective evidence collection for these crimes through special investigative measures and financial investigations, as well as prevention of money laundering and terrorism financing. Therefore, it is clear that the legislator used the criminal law norms to improve the framework of terrorism response, which represents an evident threat and a form of security endangerment. On the other hand, there is the issue of the efficacy of the above mentioned criminal framework and how realistic its domains are when it comes to the fight against terrorism. For instance, if we consider the norms concerning public incitement to terrorism or terrorist recruitment, we will encounter problems which are already evident when it comes to complicity in criminal law. Likewise, there are many difficulties in proving one’s terrorist activities abroad (e.g. foreign terrorist fighters). This paper provides an overview of some of the abovementioned challenges of modern criminal legislation in dealing with this issue.

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Critical Analysis of the Law No. 151/2015 Regarding the Personal Insolvency Proceedings

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

The work aims to offer an objective, even critical analysis of Law no. 151 of 20152 regarding the insolvency of natural persons. This regulation, entered into force on 01.01.2018, ̋celebrates ̋ 5 years of application, which is why I approached this topic with the intention of a general analysis of the provisions of the Insolvency Law of natural persons and to offer my own conclusions regarding this topic. I will analyze, in the first part of the paper, the general provision regarding the notion of insolvency, the conditions imposed by law for the initiation of this procedure, as well as the options that Law no.151/2015 makes available to the insolvent debtor depending on his legal situation. In the second part of the paper, I will analyze a series of debatable aspects that the law refers to, and I will assess the usefulness and opportunity of their regulation. The conclusions will try to offer some legislative proposals that will make this law more well-known and approachable for natural debtors in a state of insolvency. Carrying out the scientific approach, I will use different methods of interpretation, starting from the grammatical one and reaching the method of quantitative and comparative analysis.

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General Jurisdiction in Civil and Commercial Matters of the Romanian Courts to Resolve Disputes with Foreign Elements under Another State of the European Union

Author(s): Alexandru Cristian Roșu / Language(s): English Publication Year: 0

Jurisdiction is the ability established by law in favor of an authority to resolve a particular dispute that arises between two or more subjects of law. Outside the courts, the settlement of disputes can be carried out by several jurisdictions, some national and others carried out by bodies with jurisdictional powers, this solution being imposed by the specialization of certain disputes but also by the relief of the courts.

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Travel Agency Contract in the HoReCa Field in the European Union

Author(s): Ioana Nely Militaru,Laura Ramona Nae / Language(s): English Publication Year: 0

The paper begins, as is natural, with a brief reference to the term "HORECA", in order to specify the contracts used in this field. The chapters that follow these preliminary clarifications, concern the following: 1) The hotel service contract, from the perspective of the contractual relationship between the hotelier, the consumer tourist and the travel agency, and last but not least the disputes that may result from non-fulfillment of contractual obligations, 2) The contract of agency concluded between the hotel and the travel agency, in the national and European Union legislative context, 3) The content of the agency contract, respectively its clauses.

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The Center of Main Interest (COMI) in Recent Case-law

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

The paper deals with defining the Center of Main Interest (COMI) in judicial decisions at the European and national levels. The article presumes that the definition of the COMI in EU Regulation on insolvency proceedings (EIR) recast is still insufficient and the judicial body should precise the definition of the COMI. Moreover, the article supposes that the definition of the COMI is not fit for the decentralized economy. Firstly, the paper describes the definition of the COMI in EIR recast. Secondly, the article focuses on the review of case law and the evolution of the concept of COMI in judicial decisions. Finally, the paper will analyse whether the concept of COMI is convenient in the current legal framework and decentralized economy models. At the end, it will be argued that COMI looks like an adequate and rational criterion for common cross-border insolvencies. Lastly, the article also proposes the definition of COMI in the event of a decentralized economy.

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Faida e vendetta tra consuetudini e riti processuali nell’Europa medievale e moderna. Un approccio antropologico-giuridico

Author(s): Claudio Povolo / Language(s): Italian Publication Year: 0

La messa in discussione della vendetta, intesa come vero e proprio sistema giuridico e culturale che regolamentava l’organizzazione dei conﬂitti e si poneva come strumento essenziale di controllo sociale, fu un fenomeno di grande portata che interessò gran parte dei paesi europei. Un fenomeno che si riﬂ esse apertamente sul piano pubblicistico e retorico nell’aperta condanna rivolta nei confronti delle azioni violente che manifestavano palesemente gli aspetti di ritorsione, ma di cui per lo più si evitava esplicitamente di sottolineare il contesto culturale e ideologico che non solo le aveva originate, ma ne costituiva pure il presupposto essenziale.

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The Relationship between EU Citizenship and the Right to Vote

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

One of the important questions of European integration and the history of the EU's development is whether the European community can move from an Europe of nations to the concept of a United States of Europe, and whether this is even a good goal for European integration. In a Europe unifying towards statehood, elections (and voting rights) must necessarily unify. This study examines the relationship between EU citizenship and the concept of electoral law (i.e. the definition of active and passive eligibility) – based on the analysis of the primary legal sources and the literature. In my opinion (based on my research), at the current stage of integration, it is not realistic to consider an alternative that would place EU citizenship (at least in terms of voting rights) alongside or even above national citizenship, either for European Parliament elections or for national parliamentary elections. However, while in the case of elections to the European Parliament there is a regulatory principle (namely nationality) which could at least be added to national citizenship as a kind of subsidiary rule, in the case of elections to national parliaments a change of the rules to an EU citizenship-based approach seems unthinkable.

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Judicial Error in European Law

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

Because judicial activity involves a certain amount of risk, being carried out by people, the possibility of miscarriages of justice subsists in any legal system. However, hypotheses of judicial error, which essentially involve non-compliance with procedural or substantive law rules with serious consequences for citizens' rights and freedoms, impose a positive obligation on the State to repair the damage thus caused, since the State is the guarantor of an act of justice governed by the principle of fair trial. Since the activity of judges must enjoy the guarantees deriving from the principle of judicial independence, a direct action against the magistrate responsible for exercising his office with gross negligence or bad faith is not admissible. However, a subsidiary action is regulated in many European legal systems, and the possibility of triggering disciplinary liability mechanisms against the guilty magistrate can be found in any legal system. The research methods used in order to achieve this aim are the comparative method, the analytic and historical methods.

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Social Media and Legal Challenges on Data Protection in Criminal Proceedings. International Standards and the Case of Albania

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

Nowadays, with the development of technology and globalization, implementing the law and regulations on data protection is particularly important. Implementing the Law on Data Protection in Albania has faced several obstacles and challenges because of how the information is distributed daily in social media. Although there are some regulations, bylaws, and obligations for data processing and an independent institution specialized in this field, there are concerns about the administration and illegal dissemination of personal data. The issue of data protection during investigation, prosecution, and judgment is directly linked with the presumption of innocence and the due process of law. The way the media covers an article on a criminal case can sometimes influence the court's decision. Sometimes, the journalist, during the processing of the personal data of persons under investigation, may violate even the secrecy of the investigation. This article aims to analyze the legal framework on data protection in criminal proceedings in Albania and how implementing the Law on data protection can affect the administration of justice.

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Administrative Science or Sciences? Research Must Remain Interdisciplinary

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

If human sciences study behaviours, administrative science mobilizes a number of disciplines, raising administration problems from a double perspective – theoretical and practical. Since the points of view of specialists in these disciplines do not overlap, one speaks of plural administrative sciences rather than of a single, unified administrative science. Administrative science is generally approached within a single discipline, even if it requires a broader approach, with no need to integrate knowledge from different disciplines that have as their object the knowledge of public administration, as it is difficult to reduce the research results from these disciplines to a common denominator. But a theory of public administration common to all administrative sciences can only be achieved through the common approach of research devoted to the current problems of public administration, research undertaken by representatives of administrative law, administrative procedure, administrative policy, sociology, history, political science, legal linguistics, etc. to focus on diverse and selective topics, to approach in a general way, but also in detail.

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Brief Considerations Regarding the Work on Digital Platforms

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

The European Commission's recent concerns include measures to improve working conditions for working on platforms and to support the sustainable growth of digital work platforms in the EU. There is a need to regulate the area of work on digital platforms – ensuring that people working through digital work platforms can enjoy their employment rights and social benefits. Workers will also benefit from additional protection for the use of algorithmic management (i.e., automated systems that support or replace managerial functions in the workplace). A common set of EU rules will provide greater legal certainty - enabling digital work platforms to fully benefit from the economic potential of the single market and a level playing field.

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Понятията на общата част на наказателното право – основа на сравнителноправните анализи между наказателните законодателства

Author(s): Petya Mitreva / Language(s): Bulgarian Publication Year: 0

The report examins the comparative criminal law studies on the base of dialectical relationship between the norms of he general part and the norms of special part. The conclusion is that the analysis of Criminal Law concepts of the general part is a necessary basis for comparative law studies between criminal legislations.

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