Компетентен орган в пенсионното производство в контекста на понятието „длъжностно лице“ по смисъла на административното право

Author(s): Darina Dimitrova / Language(s): Bulgarian Issue: 2/2022

The right to social security and social assistance is constitutionally established. Issues related to pension proceedings are of utmost importance, as pensions are the most important insurance payment for persons who have lost their earnings or means of support. Given this, the resolution of issues arising in the course of pension proceedings are of great importance to both practice and doctrine. The purpose of this article is to clarify who is the competent authority in pension proceedings in the context of the concept of ‘official’ under administrative law. On the basis of the analysis of the relevant norms, conclusions and generalizations are drawn concerning the applicable legal framework.

Ogólnopolska konferencja naukowa imienia Profesora Stanisława Czepity „O pojmowaniu prawa i prawoznawstwa” Szczecin, 25–26 listopada 2021 roku

Author(s): Jakub Cieśla,Patryk Kupis / Language(s): Polish Issue: 39 (3)/2022

CONSIDERAŢII PRIVIND SOLUŢIONAREA LITIGIILOR PROVENITE DIN EXECUTAREA CONTRACTELOR ADMINISTRATIVE DIN ROMÂNIA ŞI DIN REPUBLICA MOLDOVA

Author(s): Constantin Mihalescu / Language(s): Romanian Issue: 02/2023

Disputes arising from the execution of administrative contracts should be given greater attention by the social actors involved. The situation created by the pandemic crisis and the war in Ukraine requires from the legislators in Romania and the Republic of Moldova greater attention to the speedy resolution of such disputes in order not to cause unjustified losses. A plausible opportunity to counteract the effects of the current prolonged crises and help to simplify and expedite the resolution of disputes arising from the execution of administrative contracts can be provided by the reanalysis of the legislation in this field. The Republic of Moldova could take advantage of Romanian legislation if it started from the assumption that the theories and principles that govern administrative contracts in Romania are valid for it. In principle, we consider that, in the case of Romania, through the interpretation, harmonization and reconsideration of art.7, Art. 8 para. (2) and para. (3) of the Administrative Litigation Law no. 554/2004, and of art. 131 C. proc. civ, in which we consider that a legislative intervention is required in order to clarify and cancel the negative consequences for the private entrepreneur, part of an administrative contract, following the procedural defect of not invoking, ex officio, by the court, at the first term, of functional material competence. After such an approach, the legislature of the Republic of Moldova could also be inspired, and could improve and harmonize the provisions of the Administrative Litigation Law no. 793 of 10.02.2000. Anyway, in the Republic of Moldova, by virtue of its status as a candidate country for the EU, many legislative harmonizations will take place, and Romania's experience would be helpful.

IDENTITÀ COMUNITARIA E CITTADINANZA NELL’ESPERIENZA DEL MEDITERRANEO: PROFILI E PROIEZIONI. LA SUGGESTIONE DI BANTIA

Author(s): Sebastiano Tafaro / Language(s): Italian Issue: 2/2022

I think that the meaning of the history of Rome and of the consequent Roman juridical experience is not fully grasped if one does not start, sometimes inverting the traditional point of view, from the consideration that it was the fruit and, to a certain extent, the point of confluence of peoples and experiences that came from the North and, particularly, from the East, especially from the Balkans. Thanks to the Romans was the attitude to grasp the essential junctures of social life and the contextuality of the times, articulating itself in propositions not 'closed' or 'provincial', The Commission is aware that the Council of Ministers has not yet reached agreement on this matter. I have proceeded in this direction with the present reflection which, starting from long and in-depth analyses, aims to highlight not so much (as is customary) how much Roman law has shaped the experience of other peoples but rather what other peoples and their institutes it has been able to incorporate and remodel. Specifically, the case of the lex Osca Tabulae Bantinae seems exemplary to me, where I seemed to grasp original institutions and visions that could have influenced Roman law. This is the statute of the community of Bantini, a population belonging to the Lucani lineage, in turn derived from the Osco-Sabello-Umbro ethnic group, which probably penetrated the Italian peninsula starting from the 2nd millennium BC. coming from the Balkan area, constituting the second wave of Indo-European populations of eastern origin (after the Latins-Falisci). The examination of the Tabula Bantina suggests that there was a significant parallelism between juridical experiences: Roman and Italic. Which suggests that, perhaps, we should ask ourselves more deeply about the possibility that it was precisely Roman law that incorporated Italic configurations, particularly Osco-Sabines, certainly reworking them in its own, but nonetheless similar, forms. All with a profound attention to the populations of the Near East, as can be seen from the creation, for Illyricum, of the defensores civitatum.

LA PERMANENZA DELLE AUTONOMIE CITTADINE NELLA TARDA ANTICHITÀ

Author(s): Salvatore Puliatti / Language(s): Italian Issue: 2/2022

The paper aims to critically reconsider the consolidated opinions on the fate of civic councils in the late imperial age in the light of some indications from sources, especially Western ones, in a view to better assessing their permanence and transformations in the age considered.

Public authorities refusing to recognize citizenship. Case study

Author(s): Alina-Raluca Sarchisian / Language(s): English Issue: Supliment/2022

This article aims to analyze a case by which several public authorities refused to recognize the Romanian citizen status of a person, in the absence of an express mention to this effect. It will be highlighted how the state authorities refused to apply the law, with the consequence of denying the legitimate rights of the person, and the way in which the courts intervened, so that the legitimate rights are recognized to the entitled person, with the consequence of obliging the public administration to fulfill their obligations.

Exproprierea la confluenţa dreptului constituţional, administrativ şi civil

Author(s): Elena Sârghi / Language(s): Romanian Issue: 1/2022

This article analyses the concept of expropriation for reasons of public utility, a notion that creates a connection between three large branches of law, namely constitutional law, by guaranteeing respect for the right to private property and consecrating the limits brought, administrative law, by regulating a way of acquisition of public property, together with the effective procedure, and civil law, by restricting the exercise of the right of private property and widening the scope of the public domain. Thus, the paper will be divided into 3 parts. The first part focuses on the current normative framework, the second part covers the jurisprudence of the European Court of Human Rights, the Court of Justice of the European Union, the Constitutional Court of Romania and the ordinary courts, and the last part presents some benchmarks of comparative law, by commenting some constitutional provisions of the European states, in order to observe the vision of the European constitutional legislator.

Ogólnopolska Konferencja Naukowa „25 lat Przestrzeni Wolności, Bezpieczeństwa i Sprawiedliwości Unii Europejskiej”, Szczecin, 28 stycznia 2022 roku

Author(s): Agata Szwed / Language(s): Polish Issue: 40 (4)/2022

Aequitas canonica and Access to the Sacrament of Penance during the First Wave of COVID-19 in 2020 in the Light of the Principles of Canon Law

Author(s): Damián Němec / Language(s): English Issue: 8/2022

Epidemiological measures during the first wave of the coronavirus epidemic in 2020 significantly affected the realization of religious freedom, including religious services and sacraments. This paper deals with one narrower topic in this area, namely, the regulation of access to the sacrament of penance in response to measures of secular law. It focuses mainly on the modalities of allowing access to this sacrament in the Catholic Church, both in terms of universal law and in terms of particular law and proposals for its formulation.

АКТИ ВЛАДЕ РЕПУБЛИКЕ СРБИЈЕ ДОНЕТИ У ТОКУ И ПОВОДОМ ВАНРЕДНОГ СТАЊА 2020. ГОДИНЕ КАО МЕХАНИЗАМ ЗАШТИТЕ ЗДРАВЉА

Author(s): Dragana Ćorić / Language(s): Serbian Issue: 2/2022

In March 2020, the Republic of Serbia, in accordance with the Constitution of the Republic of Serbia, declared a state of emergency due to the circumstances of the COVID 19 virus pandemic. During that period, the Government with its regulatory work as well as the adoption of other types of legal acts within the framework of its jurisdiction, performed the tasks of the highest legislative body, and at the same time protected the citizens’ right to health. This protection was reflected both in the (unpopular but necessary) restriction of some rights and freedoms, as well as in the provision of financial support during and after the state of emergency to citizens and businesses. The Ministries continued to act accordingly, regulating numerous problematic situations with their acts, yet aimed at achieving the greatest possible welfare for citizens in the form of preserving their health and protection from disease. In the paper, the authors briefly present the procedure for declaring a state of emergency, a brief analysis of acts passed during the state of emergency by both the Government and other competent ministries, and follow the continuation of the activities of the Government and the National Assembly even after the end of the state of emergency regarding this topic.

Civil Liability of Local Elected Officers

Author(s): Cosmin-Vasile Ambrosă / Language(s): English Issue: 30/2022

The problem of liability, in any form, civil, criminal, administrative or disciplinary or even contravention, has concerned human society since ancient times, with the emergence of state organization. So, the notion of responsibility it’s something that we can see or found on many areas of life, such as the employee’s responsibility towards the employer – responsibility specific to relationships governed by labour law or civil law, even for the certain categories of persons invested with certain power.

Zasada konstytucjonalizacji samorządu w ustawach zasadniczych II i III Rzeczypospolitej jako przesłanka tworzenia samorządów zawodowych (na przykładzie samorządu aptekarskiego/farmaceutycznego)

Author(s): Marek Stych / Language(s): Polish Issue: 8/2022

The aim of the article is to analyze the impact of constitutional provisions on the functioning of professional self-government and their further development in statutory provisions. The author seeks to answer the following questions: what constitutional solutions regarding professional self-government were adopted in the constitutions of the Second and Third Republics of Poland, which constitutional provisions were more conducive to the functioning of self-government, and what barriers it encountered as a result of the introduction of constitutional provisions in the Second and Third Republics of Poland. A hypothesis has been put forward in the paper that the constitutional provisions of the Second Polish Republic were more conducive to the functioning of professional self-government than similar provisions in the Third Polish Republic. In order to confirm the hypothesis, the dogmatic and legal method was employed in the article, which enabled an analysis of secondary and primary documents.

Europa, demokracja i prawa podstawowe – sprawozdanie z międzynarodowej konferencji naukowej

Author(s): Agata Nodżak / Language(s): Polish Issue: 8/2022

An Example of National Case Law on Moral Damages in the Field of Virtual Communities and Data Protection

Author(s): Silviu-Dorin Șchiopu / Language(s): English Issue: 2/2022

The ease of communication thanks to services such as those offered by WhatsApp Messenger is not without correlative responsibilities, including in the field of personal data protection and the right to privacy. On a WhatsApp group, created for information to be sent from the Chairman of the Representative Council of Parents from Bucharest German Goethe College to parents and vice versa, the Chairman posted the document initiating a lawsuit filed by one of the parents against the Board as a result of the son's sanction consisting in a bad grade for behavior. Bucharest Tribunal held that the information provided by the college to the Chairman of the Representative Council of Parents by communicating the request for summons in its entirety exceeds the proportional and necessary character provided by Article 6 (1) of Regulation (EU) 2016/679. Likewise, the Court held that the Chairman who disclosed the document had the opportunity to communicate only the information necessary to that community, not the personal data of the applicants. So the assertion that the defendant communicated the respective document only for information purposes cannot be retained, this exceeding the requirement of proportionality and the necessary character. The Tribunal found that, by committing the two illicit acts mentioned, the child's right to privacy was violated, as recognized by Article 8 ECHR and Article 71 of the Romanian Civil Code. Although a cassation appeal was filed, the outcome of this case came as no surprise, the appeal on a point of law being rejected.

ВАНРЕДНО СТАЊЕ И ВАНРЕДНА СИТУАЦИЈА У РЕПУБЛИЦИ СРПСКОЈ (кратки упоредни приказ)

Author(s): Matej Savić / Language(s): Serbian Issue: 53/2020

In this paper, the author discusses current constitutional issues in The Republic of Srpska, which arose as a result of the global pandemic of the new coronavirus 2019-nCoV. The problem of determining and analyzing the legal institute of emergency situation and the legal institute of state of emergency has in itself taken the first place in this paper. Special attention is paid to the relationship between these two legal institutes. Emphasis is also placed on the legal consequences produced by the decision to declare a state of emergency in the Republika Srpska, in terms of the functioning of the present state legal order.

Szczególne rozwiązania prawne w dziedzinie bezpieczeństwa energetycznego w sektorze gazu ziemnego adresowane do odbiorców chronionych paliw gazowych. Wybrane zagadnienia

Author(s): Klaudia Grzebiela / Language(s): Polish Issue: 28/2023

The state’s dependence on the supply of natural gas from external sources requires legislative measures to be taken to protect customers from the negative effects of political and economic events affecting the state’s internal security. In the natural gas sector, ensuring energy security and preventing emerging threats is particularly important. The purpose of this article is to present the legal solutions to protect certain groups of customers in the natural gas market and minimise the negative socio-economic effects in the event of an interruption to gas supply or a sudden increase in gas prices. The introduced legal regulations emphasise the unique specificity of the natural gas market, the essential feature of which is its relationship with imports.

Ochrona informacji niejawnych w USA. Wybrane regulacje karne i administracyjne

Author(s): Rafał Wądołowski / Language(s): Polish Issue: 25/2021

The article discusses the administrative regulations regarding the classified information protection system in the USA. Moreover, it presents the effective penal code provisions directed against the disclosure of classified information in the USA and their interpretations. What is more, the paper presents the administrative provisions regulating the procedure for carrying out security background investigation of public administration officials in order to issue a security clearance which grants them access to classified information. Further, the reasons for the classification of information and its protection with an adequate classification clause are explained. On the basis of the analysis of US regulations, a conclusion is drawn that Polish legislation does not include a justification for depositaries of secrets who disclose classified information (without obtaining the affirmation from the authorities specified by law) to prosecute the perpetrators of crimes. This could be the basis to formulate postulates de lege ferenda. It should be noted that the article does not exhaust the topic, but only indicates selected issues of the protection system of classified information in the USA. Initiated study can be used to carry out in-depth comparative research in this field in the future.

ПРАКСА УСТАВНОГ СУДА РЕПУБЛИКЕ СРПСКЕ

Author(s): / Language(s): Serbian Issue: 49/2016

OCCUPATION OF BOSNIA AND HERZEGOVINA

Author(s): Sanja Savić / Language(s): English Issue: 42/2020

The extensive diplomatic action with which the Austro-Hungarian monarchy began in 1875 ultimately resulted in the Berlin Congress and the acquisition of a mandate to occupy Bosnia and Herzegovina. This act led to a series of changes, both in terms of the international legal position of the occupied territory, and in internal issues. The author deals with the circumstances that preceded the occupation of Bosnia and Herzegovina, the way in which it was carried out, as well as the internal changes that it led to, placing special emphasis on the organization of government and the legal system.

ПРАКСА УСТАВНОГ СУДА БОСНЕ И ХЕРЦЕГОВИНЕ

Author(s): / Language(s): Serbian Issue: 42/2020