![Husovec, M.; Mesarčík, M.; Andraško, J.: Právo informačných a komunikačných technológií](/api/image/getissuecoverimage?id=picture_2021_61508.jpg)
Husovec, M.; Mesarčík, M.; Andraško, J.: Právo informačných a komunikačných technológií
Book review on a monograph concerning Slovak ICT law
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Book review on a monograph concerning Slovak ICT law
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It is unanimously accepted that the principle of legality is paramount in the activity of the public administration, especially of the local public administration. However, there can be events in the life of a community when the political factor, driven by the desire to pursue a higher purpose, of great meaning for that community and under great scrutiny and pressure from the public opinion, as is for example the need to protect the environment and to think in terms of sustainable development, can choose to overpass the need to respect the principle of legality. Having a case-study as starting point, we analyze in our paper the role different public authorities had in adopting a local normative administrative act that does not comply with the legality principle, under the expressed wish to protect the environment. We will examine if the political factor chose the best legal solutions for pursuing environmental protection.
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La notion de « patrimoine » este entrée plutôt récemment dans le droit de l’urbanisme roumain ; sans avoir, en droit public, une définition légale précise, elle signifie d’abord un héritage reçu du passé, dont on a une obligation de conservation et de gestion efficace, pour pouvoir le transmettre aux générations futures. Au niveau international, sous la forme du patrimoine commun de l’humanité, le concept a connu déjà une consécration juridique particulière (par exemple, dans le cas de la Lune, de l’espace extra-atmosphérique ou des fonds des mers et des océans), qui s’étend aussi sur les sites et les monuments. Dans ce sens, le grand numéro de documents internationaux (la Charte européenne du patrimoine architectural de 1976 ou la Convention pour la sauvegarde du patrimoine architectural de l'Europe de 1985) confirme la création d’un régime juridique spécifique et complexe.
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In the public space and in the debates among professionals, the new general data protection regulation, which is to be applied from May 25th 2018, is debated more and more conjunctively with the news brought by this European Union legislative act, but especially regarding the new sanctioning regime. We analyse the questions that arise concerning the violations to be sanctioned, the classification of sanctions and their amount, the deliberate nature of the violation and the effective procedural safeguards, in accordance with the general principles of European Union law and the CFSP. During the analysis we identify answers to these questions and, last but not least, underline the competence of the Member States as well as the role of the national supervisory authorities regarding to the sanctioning regime provided for by the Regulation.
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The constitutional revision from 2003 enriched the patrimony of the fundamental rights and freedoms of Romanian citizens with three such rights and freedoms: the right to a healthy environment, economic freedom and access to culture. More than 16 years after this revision, but also as a member state of the European Union, we consider as an opportunity and necessity, at the same time, a new revision of our fundamental law, a consistent one at this moment, which should take into consideration the consecration of other rights, even by designing the necessary constitutional framework for ensuring and respecting a good administration. Analysing the constitutional provisions of other states, as well as those of the European level, the relevant doctrine and jurisprudence, using research methods such as multidisciplinary, comparative, sociological, empirical or systemic, it will be possible for us to conclude that good administration is one of those indefinite or determinable legal concepts. Being such a concept it is necessary to identify elements that allow us to configure it, elements that we should find in a unitary text in an article of our fundamental law, and through which the right to good administration would be enshrined. Therefore, we appreciate that in a state where the public administration, exercising of its functions and attributions, also had delicate moments in ensuring a good and efficient administration, the consecration of the right to good administration, by exhaustively capturing, as far as possible, the elements the definers of the concept of good administration, is a natural consequence of the constitutional recognition of the rule of law.
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The article deals with the issue of the so-called out-of-court restructuring, which is a proposal for further improvements to be introduced to the restructuring proceedings system. Out-ofcourt restructuring conducted with omitting the stage of judicial approval of the arrangement is currently unknown to Polish law, but it has been provided as an option by the European legislator in the pending implementation of the Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualification measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132. The main objective of this paper is to attempt to assess the legitimacy of introducing solutions concerning out-of-court restructuring into domestic law. The research thesis is that this kind of restructuring is an effective instrument that allows for the acceleration of the proceedings, however, a significant obstacle to its effective implementation in practice is the lack of interpersonal confidence, which is characteristic of business relations in Poland. To achieve the main aim and verify research thesis, dogmatic and comparative methods were used. Moreover, an analysis of statistical data on the assessment of social capital in Poland was carried out, referring to the welfare index developed by the Legatum Institute.
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The purpose of the article is to outline the general characteristics of agreements on financial collateral and reconstruction, by focusing on statutory financial collateral arrangements based on the transfer of rights to the creditor’s property. The structure of these securities takes into account the specificity of financial market transactions but also expresses certain universal features of this type of security. The analysis of these features may be helpful in contractual practice and in the construction of a normative model of security for the needs of general trade. The characteristics of fiduciary securities are a controversial issue and their admissibility is criticized. The above-mentioned arrangements, while implementing the objectives of the Directive, force a change in approach, at least in relation to financial collateral based on the transfer of rights.
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The aim of this paper is to present a catalog of the most significant socio-legal consequences that were caused by the COVID-19 pandemic. The considerations are based on the first comprehensive publication in the field of legal science: "Law in the Time of COVID-19". It aptly assumes that, in principle, the impact of the pandemic on society and legal regulations is perceivable on three basic levels: human rights, public law and private law. This article analyzes the most relevant legal issues, including in particular the protection of the right to privacy, election law, social welfare, as well as principal contractual clauses provided in order to secure commercial contracts against the impact of COVID-19. In conclusion of the considerations, it should be indicated that while the solutions introduced in various legal systems aimed at counteracting the impact of the pandemic generally fulfilled their role, but at the same caused negative legal consequences, which shall swiftly be removed.
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The study addresses the question of illicit weapons proliferation and many diverse control measures undertaken to counteract it in Nigeria. It further explores the reasons why Nigeria has become an appealing target for illicit weapons in the West African sub-region. Given the ease of in-flows and out-flows of illicit arms within the borders of the Nigerian State, this study contends that Nigeria’s firearms law is outdated and insufficient, especially as seen from the perspective of the Protocol to the arms trade agreement that is in force, and even in the light of the dynamics of security issues in the 21st century. The study demonstrates that the growing proliferation of illicit weapons in Nigeria has had economic, humanitarian and socio-political consequences. Therefore, it concludes that all the regional containment measures, from ECOWAS to weapons trading agreements, have not decreased the proliferation of illicit arms in Nigeria and that the Nigeria’s Firearms Act is outdated and unsuitable for the security needs of the Nigerian state, notwithstanding the problems faced by the security dynamics of the 21st century.
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The paper lists the major projects of international financial organizations in Bosnia and Herzegovina (BiH) after signing the Dayton Peace Agreement to explore the role of international financial organizations in post-Dayton BiH. It discusses the specific contribution and the role of these organizations in functioning of BiH, including financial assistance, credit means, various funds and projects, which have been supposed to lead to the stable functioning of BiH after the signing of the Dayton Peace Agreement. The paper explains the role and attentiveness of the Monetary Board in BiH with a focus on its impact on implementation of the international projects. The research question is: “From which sources did the largest funds in BiH come in the period from 1996 to 2020 and how were they related to GDP?”. The paper is based on publicly available data from international financial institutions and the Ministry of Civil Affairs of BiH. The results show that about 71.45 billion dollars entered BiH from international financial institutions through donations, grants, loans, and other various types of assistance. But the funded projects did not have the same priorities every year and in every area. In addition, international funds were used to finance numerous projects aimed at economic recovery and economic development. In the last few years, there has been a change in priorities, and significant funds have been directed to such projects as the judicial reform, institution building through strengthening the capacity of individual institutions, and the reform of particular areas and their approximation to the European Union standards.
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The aim of the paper is to present an analysis of the law-making independence of local self-government, particularly considering the constitutional aspect. The author seeks to demonstrate that individual units of local self-government have been directly equipped by the constitutional legislator with the right to define – within the limits specified in the provisions of the Constitution of the Republic of Poland – their internal structures, without the need to invoke authorizations included in ordinary acts as a legal basis. The article contributes to the discussion on the law-making independence of local self-government.
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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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Media clipping in all its variants is paid supplying to certain clients of copyrighted journalistic materials. Journalists are content creators and being authors they transfer their copyrights to publishers of periodicals or to producers. Their use for commercial purposes by companies that provide media clipping as a paid service raises the question of how regulated its use as database is. The legal protection is considered from the point of view of copy and related rights of publishers and the violation of the principles of competition.
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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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The study of the problem of defending the rights harmed by the authorities is an important one, but also current, because, in order to solve it, it is necessary to know the actions of people in such situations and to appreciate the efficiency of the administrative litigation mechanism. Such an assessment is possible only as a result of the analysis of concrete cases of injury to human rights by the authorities and of the ways in which such disputes are settled by the competent courts. This article discusses the analysis of a real case examined in the administrative court, based on which we intend to highlight the administrative activities of the public authority as the subject of the case and how a public authority can harm (people) rights recognized by law.
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Globally, FinTech has become a major issue in the face of which states have begun to better reflect their interests. To date, several states have signed dozens of FinTech Cooperation Agreements (CAs), which aim to promote closer cooperation in the field of FinTech but also to promote innovation in financial services. States interested in evolving in this area are focused on deepening bilateral and multilateral cooperation in the field of FinTech, in order to facilitate trade, investment and ecosystem development in the FinTech market sector. At the international level, the goal is to support the mutual establishment (between states) of FinTechs that want to expand globally to support the industry to navigate the evolution. Another aim of the FinTech treaties is to standardize information on emerging market trends and the exchange of experience in each jurisdiction. This includes collaborating on areas such as blockchain and distributed registry technology, digital identities, cross-border data connectivity, data portability, and the application of FinTech to promote sustainable funding. In the European Union, new financial technologies underline the goal already set out in the Treaty of Rome - to achieve a single capital market under the corollary of financial stability and security and consumer protection. This modern type of treaty continues the tradition of concluding trade agreements and supports the economic environment through local, regional and global opportunities arising from the digital boom that crosses borders, reshapes industries and transforms the region's economies. In front of these challenges, public international law manifests its regulatory function. For the realization of this article we used a prospective method and identification of some particularities that promote the coherence of the hypotheses.
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The terms bankruptcy and insolvency are construed in different ways, which has resulted in the emergence of discrepancies in their definitions. There is a noticeable division among researchers in terms of the referents of the concepts of bankruptcy and insolvency. Varying definitions of bankruptcy and insolvency are employed, depending on whether the perspective of the legal sphere or the economic sphere is adopted. In the article, the authors attempt to define these concepts and define the relations that exist between them. The aim is to show that the legal understanding of the terms bankruptcy and insolvency is subordinate to their meaning in the economic sciences. Due to the subject under analysis and the nature of the sources, this article employs the qualitative method, based on interpretative research. The interpretative research was conducted with the use of ethnographic research strategies based on legal acts and the achievements of the doctrine and judicature. The conducted research has shown that as a result of the development of bankruptcy law, the legal understanding of the concept of bankruptcy and insolvency has been subordinated to the meaning given to this concept in the economic sciences. This allows for the use of economic tools and dynamic interpretation, so that the decisions of bankruptcy courts are in line with the dynamically changing socio-economic reality.
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Before talking about the structure of the public administration in Romania, we must consider the social and political environment of our country. Romania is a country with a democratic regime for more than 30 years, but which has been under the umbrella of communism for several decades. Communism meant a centralized, closed administrative and economic system.
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