Czy art. 26a ustawy o odpadach pomoże w walce z nielegalnym gromadzeniem odpadów?

Author(s): Paulina Biskup / Language(s): Polish Issue: 1-2/2020

The main purpose of this article is to discuss the application of Article 26a of the Act of 14 December 2012 on Waste, which was added to this Act under the provisions of the Act of 19 July 2019 amending the Act on Maintaining Cleanliness and Order in Municipals and certain other acts. Administrative bodies have been struggling with the growing problem of illegal waste collection for several years. The vast majority of cases concern proceedings to dispose of waste illegally collected in so-called wild landfills and as a result of litter, and only a small percentage of proceedings are conducted by administrative bodies in connection with illegally collected waste as a result of business activity. The problems faced by administrative bodies resulted in the introduction by the legislator of Article 26a to the Act on Waste, under which administrative bodies were authorized to dispose of abandoned waste instead. In the first part of the article the author discusses the content of the changes introduced to the Act on Waste under the amendment from 2019, further discusses the details related to the initiation of administrative proceedings under Article 26a of the Act on Waste. Next, the author focuses on the discussion of legal remedies available to persons interested in initiating proceedings under mentioned above Article. At the very end, the problems that may arise in connection with the application of Article 26a of the Act on Waste by administrative bodies are described.

Проф. Николай Натов

Author(s): Krassimira Sredkova / Language(s): Bulgarian Issue: 3/2018

FIDIC Standard Forms of Contracts or National Contracts in Public Investment

Author(s): Dragoș Mănescu / Language(s): English Issue: 1/2021

FIDIC standardized models have been the basis for international contracts specific to large-scale construction and installation works carried out mainly in the field of public investment. They have been a source of inspiration for national standard contracts which have gradually come to be used in the public works contracting process. With the appearance in 1959 of the first bilateral investment treaty, FIDIC investor protection clauses began to be harmonized with existing international investment treatment standards in the body of investment treaties, as any type of investment is based on a contract concluded on the basis of the pre-existence of a protection and promotion treaty.

RESOLUTION OF DUAL RESIDENCE INSTANCES IN THE CASE OF COMPANIES

Author(s): Lidija Živković / Language(s): English Issue: 4/2020

The application of double taxation treaties presupposes that the potential cases of dual residence have been previously resolved. For this purpose, the major model-conventions on the basis of which double taxation treaties around the globe are negotiated contain the so-called tie-breaker rule. In the wake of the recent revision of the international tax system resulting from the OECD’s Base Erosion and Profit Shifting Action Plan, the existing tie-breaker rule for companies has been thoroughly amended. Instead of determining companies’ residence based on the place of the effective management criterion, the new approach stipulates that such cases will be decided through the application of the Mutual Agreement Procedure, between the competent authorities of the relevant contracting states. After outlining the historical development of the said mechanism in the context of dual residence resolution, this article purports to critically assess its desirability, with a special focus on its implementation in Serbia.

ПОСЛЕДОВАТЕЛНОСТ И ПРЕДВИДИМОСТ В КОНТРОЛНАТА ДЕЙНОСТ НА АДМИНИСТРАЦИЯТА

Author(s): Zhivko Atanasov Zhelev / Language(s): Bulgarian Issue: 1/2020

One of the principles of administrative law is the principle of consistency and predictability and as such, it is fundamental in the exercise of the control function of public administration, in conditions of administrative discretion. Timely and accurate delineation of this independence, by introducing clear and fair criteria, strict definition of official powers and obligations of control bodies, the implementation of adequate and strict internal control are prerequisites for preventing corruption by and against the administration.

Относто характера на заповедите на министъра на здравеопазването, с които се налагат противоепидемични мерки

Author(s): Stefan Radev / Language(s): Bulgarian Issue: 1/2021

The subject of the article is the nature of the orders of the Minister of Health, which impose anti-epidemic measures as a type of administrative act. Referring to the theory of the criteria by which the administrative acts are divided into individual, general and normative, proposed by Prof. Kino Lazarov, arguments are presented, which draw attention to the general administrative acts. The method of comparison and analysis shows the differences between the types of administrative acts, both according to the regulations and according to the theory.

Право на друго мнение

Author(s): Doncho Hrusanov / Language(s): Bulgarian Issue: 2/2013

СЪДЕЙСТВИЕ НА ДЪРЖАВНИЯ СЪД ПРИ ОБРАЗУВАНЕТО НА АРБИТРАЖНИЯ ОРГАН

Author(s): Martin Strandzhanski / Language(s): Bulgarian Issue: 1/2020

This article provides a general rеview of the hypothesis in which a state court assists the parties in an arbitral trial for appointment of arbitrators.

Тема с продължение: нови правила при предоставянето на лични данни в трети държави с осигурено адекватно ниво на защита

Author(s): Andrey Aleksandrov / Language(s): Bulgarian Issue: 2/2012

Предоставяне на лични данни в трети държави с осигурено адекватно ниво на защита

Author(s): Andrey Aleksandrov / Language(s): Bulgarian Issue: 1/2012

The survey deals with the cases of transfer of personal data to countries outside the European Union and the European Economic Area, where a decision of the European Commission has been issued that the third country in which personal data are to be transferred provides an adequate level of protection, or certain standard contractual clauses provide for such adequate level of protection (Art. 36a, Para 5 of the Personal Data Protection Act). In these hypotheses the national authority on personal data protection (the Commission for Personal Data Protection) does not make an assessment of the adequacy of the level of protection of personal data in the third country, but it exercises preliminary control according to a procedure, provided in the Regulations on the Work of the Commission for Personal Data Protection and Its Administration. The analysis of the current regulation of these exceptions and the practice of the Commission for Personal Data Protection aims to reveal some failings of the national legislation on personal data protection and to give proposals for their removal.

Принципът за разходоориентираност при определянето на цените в електронния съобщителен сектор

Author(s): Georgi Sulev / Language(s): Bulgarian Issue: 1/2012

Cost orientation is a method to control access prices in the electronic communications sector and a key regulatory obligation on wholesale markets. This method ensures that the prices of services for wholesale access will allow competitors to participate effectively in the retail market. The exact content of the concept of cost orientation is derived from the practice of the European Court of Justice and the national regulators. One could say that in the sectoral regulation of the electronic communications sector there is agreement on the principle nature of cost orientation and full divergence of views on the specific method of application of this regulatory obligation. This paper deals with the concept of cost orientation of access prices from a legal perspective. The concept is compared with other similar methods of price control, placed in the context of the international and European legal framework, the existing case law and the conditions under which this obligation shall be imposed by the Communications Regulation Commission. Conclusions on the general aspects of the concept of cost orientation of prices and on the limits of its scope of application are made. The main idea of the article is that the connection between prices and costs can be achieved by different methodologies and the specific choice is limited by the regulatory purpose and the legal requirement for proportionality of the measure imposed.

Suspendarea executării actului administrativ. Orientări normative, doctrinare și jurisprudențiale în materie

Author(s): Tudor-Nicolae Bonifate,Alin-Constantin Toma / Language(s): Romanian Issue: 02/2020

The recent jurisprudence of the administrative contentious courts in Romania emphasizes the existence of some practical issues raised by the institution concerning the suspension of execution of the administrative act. The jurisprudential directions worded by the Romanian courts, headed by the High Court of Cassation and Justice’s section of profile, at times being in conflict with the directions imposed by the European courts, are making the reinterpretation of the legal provisions and the reconsideration of the doctrine in the matter necessary. The dichotomous regulation which the legislator has chosen in the Law n° 554/2004 regarding the administrative contentious, with the subsequent modifications and add-ups, related to the institution of suspension of execution of the administrative act (art. 14 and art. 15) unleashes a legislative paradox and raises serious punctual problems, for which we aim to find reasonable solutions in the following: (i) the limits of the control exercised by the court invested with the suspension request upon the merits of the case; (ii) the introduction of the twin-actions, based on art. 14, respectively on art. 15 of the Law n° 554/2004.

Organy dozoru jądrowego w strukturze administracji rządowej w Polsce

Author(s): Tomasz R. Nowacki / Language(s): Polish Issue: 1/2021

This article discusses the current position of the supreme nuclear regulatory authority in Poland – the President of the National Atomic Energy Agency (PAA President) in the structure of government administration in the light of provisions of the Polish Constitution and of international and European law, taking into account the principle of independence of nuclear regulatory authorities. A particular attention was paid to the critical analysis of the current subordination of the PAA President to the supervision of the minister responsible for the environment. Based on the arguments relating to the importance of the tasks of the PAA President and their importance for national security, their multifaceted character in relation to various sectors of government administration, as well as on the basis of comparative and historical ones, it is postulated to restore the supervision of the Prime Minister over the PAA President.

(DYS) HARMONIA PROCEDUR ADMINISTRACYJNYCH NA PRZYKŁADZIE POSTĘPOWANIA PRZED KONSULEM

Author(s): Ewa Szewczyk,Lucyna Staniszewska / Language(s): Polish Issue: 3/2023

Proceedings before a consul are a type of administrative proceedings included in the category of special administrative proceedings. Like many proceedings of this type, its progenitor is general administrative proceedings. From this perspective, the authors analyzed the proceedings before the consul, on the one hand, paying attention to whether the solutions introduced to the Consular Law Act do not introduce unjustified deviations from the original, and on the other hand, whether they contain such solutions that would be worth extending or modify code solutions. From this point of view, the provisions on the power of attorney, access to files, restoration of lost or damaged files and summons to supplement the deficiencies of the letter were examined. In conclusion, the authors concluded that some of the solutions introduced to the proceedings before the consul deserve to be included in the Code of Administrative Procedure.

Theory and practice of flood prevention – A case study of the city of Kraljevo

Author(s): Predrag Terzić,Zdravko Maksimović V. / Language(s): English Issue: 3/2024

Increasingly frequent floods, caused by altered climatic conditions, result significant material damage and loss of human life. The floods of May 2014 were the largest recorded in Serbia, affecting the territory of the city of Kraljevo, particularly the settlement of Grdica and the industrial zone of Šeovac. The damages from the floods impacted residential buildings, infrastructure, agriculture, business entities, and public facilities. Similar flood events, in terms of precipitation volumes and river water levels, also affected the Kraljevo area in 2023. Due to the frequent natural disasters impacting various parts of the territory, along with the extensive network of watercourses and intense climate changes, the city of Kraljevo has adopted an integrated approach to disaster risk reduction. The flood risk reduction system is governed by several legal regulations, primarily the Water Law and the Law on Disaster Risk Reduction and Emergency Management. In compliance with these legal obligations, the city has adopted necessary planning documents, established institutional mechanisms, and properly equipped civil protection units. Additionally, continuous investments have been made in constructing new and reconstructing the existing infrastructure. A significant advancement in the city’s risk reduction system is the establishment of a civil protection system and inter-municipal cooperation among cities and municipalities in the West Morava River basin. It is important to measure the impact of investments in flood prevention to assess the justification and effectiveness of the resources used. The activities and measures implemented to reduce flood risk from 2014 to 2023 have shown positive results. This paper presents a comparative analysis of the effects of preventive activities and investments in the disaster risk reduction and emergency management system in the Kraljevo area during the specified period. The concluding considerations indicate that preventive investments in the flood risk reduction system and the construction of resilient and necessary protective infrastructure, lead to reduced damages and losses from floods.

LEGAL TRANSFORMATION OF A PUBLIC TERTIARY INSTITUTION: TURNAROUND AND PUBLIC INTEREST OF THE GHANA INSTITUTE OF MANAGEMENT AND PUBLIC ADMINISTRATION (GIMPA)

Author(s): Kingsley S. Agomor / Language(s): English Issue: 48/2024

Just over a decade ago, public tertiary institutions depended on the government for funding and received instructions on running their day-to-day affairs from the state. Recently, GIMPA a public tertiary institution deployed legal options to gain autonomy to stabilize its financial performance and service delivery. This article updates the progress that has since been made in understanding the reversal of the stressful financial situation of the institute through the lens of the existing legal framework. Further, the paper examined an ambitious organizational structure dwelling on a robust legal framework to redirect management policies, rules, regulations, and functional decisions of a public tertiary institution serving public management and public administration training and consultancy. Termed “legal framework,” this set of legal instruments is cultivated into efficient and effective operations that yield financial stability that ensures growth and is trajected towards national development.

COMPETENȚA: MIJLOC DE EXERCITARE A CAPACITĂȚII JURIDICE ÎN DREPTUL ADMINISTRATIV?

Author(s): Andreea-Felicia Săsărman / Language(s): Romanian Issue: 1/2024

Competence: a means of exercising legal capacity in administrative law? The notion of legal personality is not synonymous with that of legal capacity, between them there is a causal link that could not be reversed: personality generates legal capacity and not the other way around. Just as the notion of administrative capacity does not replace and does not attract any specific effect to the legal category of civil law capacity. Keeping in mind the presence of legal capacity in administrative law, we analyzed the difference between the notion of capacity and competence in French doctrine. I noticed, thus, that regardless of the opinions expressed over time by several authors, none was in the sense of excluding the notion of capacity in administrative law. In national law, both the legislator and the doctrine agreed on the definition of competence as: a set of attributions. The public authority/institution is charged with these duties by law. Thus, a public authority/institution is, in principle, incompetent, becoming competent when the law expressly provides. Instead, a public authority/institution has, in principle, legal capacity, becoming incapable when the law expressly provides. A public authority/institution carries out its activity in compliance with the specialty principle. In this case, specialty means nothing more than the material competence of the legal entity under public law.

Ne quid nimis: realităţi şi perspective ale principiului proporţionalităţii în dreptul administrativ

Author(s): Violeta Stratan / Language(s): Romanian Issue: Si./2024

Răspuns

Author(s): Alin Trailescu / Language(s): Romanian Issue: Si./2024

CHARAKTER PRAWNY KOMPETENCJI DO ZWRÓCENIA SIĘ DO BIEGŁEGO O WYDANIE OPINII W TOKU POSTĘPOWANIA ADMINISTRACYJNEGO

Author(s): Łukasz Dubiński / Language(s): Polish Issue: 3/2024

The article addresses the issue of the legal significance of the competencies of public adminis-tration bodies to request an expert or experts to issue an opinion. In accordance with Article 84section 1 of the Code of Administrative Procedure (CAP), when special information is requiredin a case, a public administration body may ask an expert or experts to issue an opinion. The useof the word may in this provision suggests that the authority conducting administrative pro-ceedings may freely decide whether to request an expert opinion. This interpretative approachis unacceptable from the perspective of Article 7 of the CAP. Therefore, during the consider-ations, special emphasis is placed on determining the meaning of the word may. The analysis iscarried out using the dogmatic-legal method. It is established that the authority is empoweredto assess whether it is necessary to use special information to resolve the matter. Therefore, theauthority is entitled (using the language from Article 84 of the CAP: may) to indicate whetherits statutorily defined ‘substantive competences’ include information on specific circumstancesor whether they constitute expert knowledge. It is also established that the concept of specialinformation within the meaning of the CAP should not be interpreted in the same way as inthe case of other procedural acts. It is assumed that the above-mentioned concept should beunderstood as knowledge that the legislator does not require from the entity conducting specificadministrative proceedings.