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Who has Created the Work? Albanian Legal Framework and Cases on False Attribution of Authorship

Author(s): Ergysa Ikonomi / Language(s): English Issue: 1/2021

The act of creating a work is often described like the birth of a child, which naturally establishes a unique affiliation relationship between the author and his work, legally known as the right of attribution. The paper aims to clarify if the Albanian right of attribution “contains” the subright to disclaim authorship through analyzing the right of attribution provided by the new Albanian Law on Author’s Rights and how it is claimed in court. The paper will also explain the ways false attribution can infringe two most distinguished author’s rights: the right of attribution and the right of integrity and will highlight the difficulties to protect them through long and high-cost litigation process.

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Problema partajării competenței instanțelor în materia actelor administrative emise în domeniul fondului funciar

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Problema partajării competenței instanțelor în materia actelor administrative emise în domeniul fondului funciar

Author(s): Marta-Claudia Cliza,Constantin-Claudiu Ulariu / Language(s): Romanian Issue: 09/2021

The problems of the land fund became of maximum importance after 1990. Romania, in relation to the new realities regarding the property, had to urgently adopt the Law No 18/1991. After more than 30 years of application, the Law on the land fund still gives rise to discussions on the topic of sharing the competence of the courts in matters of administrative acts issued in its application. The general framework in the matter of restitutions was completed by the appearance of the Law No 10/2001. Subsequently, the entry into force of the Law No 554/2004 has definitively established the legal regime of administrative acts in general. Therefore, we are at the confluence of several framework-laws in the field regarding the regime of administrative disputes, in general, and of the matter of the land fund, in particular. This study seeks to provide precisely an approach as analytical as possible of the manner the courts of law settle this issue.

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The Right to Good Administration. Axiological Aspects of Good Administration

Author(s): Marian Zdyb / Language(s): English Issue: 2/2019

Certainly, it is essential, for the shaping of public order in a state, to establish the standards of good administration and axiological basis for the legal system of administrative law, both in the formal-legal and systemic aspect and the substantive-law domain. The basic role is played by legal designatations, such as: properly understood the principle of separation of powers, the principle of the rule of law, human dignity as an axiological basis and the categorical imperative in the sphere of understanding what good administration is, the meaning of the notion of the common good, proper distribution of prime factors of the relationship the common good – human dignity. Legal security and certainty of law, the elimination of inflation of law and the relativization of fundamental values of systemic significance form are also an important element underlying good administration. It is not possible to shape the system of good administration without a properly formed public service and without continuously building its ethos. The analysis of the foundations of good administration and its durability cannot boil down only to the procedural and legal aspects. Therefore, apart from pointing to the need to constantly address the issues of the principles and standards set out in Poland in the Code of Administrative Procedure and in the Code of Good Administrative Behaviour adopted on 6 September 2001 by the European Parliament, I have decided to present this issue in another paper, while focusing herein on the fundamental axiological values symbolizing good administration. An important place in this area is taken by the problem of the individual’s right to good administration, which is a consequence of recognising that the State has an obligation and responsibility to shape the optimal model of good administration and governance within the country.

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LA TIERRA NO ES UN MUNDO PARA DESECHAR: LA PARTICIPACIÓN DEL GÉNERO HUMANO FRENTE A LA DEGRADACIÓN MEDIOAMBIENTAL

Author(s): Hernández Oscar Samario / Language(s): Spanish Issue: 1 (54)/2022

This article contributes to the constant reflection that must be done onenvironmental deterioration in principle to initiate actions that prevent irreversible damage tothe environment of the planet we inhabit. During 2019 the international community recalledunder a common celebration, the achievement of humanity that managed to put man on thesatellite of the earth, Moon. On July 20, 1969, the media reported this event, during this yearthis fact is still remembered, but it is also news that from the photographs sent by the Apollomissions taken from space in which the splendor of the earth with its characteristic blue color,we call it the Great Blue Marble, the home of humanity today at risk of threat fromcontamination; here the positions of the scientific community, organizations and internationalorganizations are documented, as well as warnings of the consequences and risks if thisdeterioration continues. This work is a recognition of that constant concern, the text in thiswork joins others as a call to speak on behalf of the Earth, claiming the responsibility ofmankind to act in the face of the imminent danger of climate change.

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AGENCIFICATION OF PUBLIC ADMINISTRATION IN THE TRANSITION PROCESS

Author(s): Milica Škorić / Language(s): English Issue: 3/2021

In the modern society, domestic violence is a socially unacceptable phenomenon. The most common form of domestic violence is the violence against women, while as the most severe form of violence against women singles out femicide - a gender-based murder. One of the measures taken by Republic of Serbia in order to reduce domestic violence is the adoption of the Law on Prevention of Domestic Violence. In order to prevent femicide, the most important innovations provided by law are urgent measures imposed by the competent police officer; a mandatory risk assessment of recurrence violence; a mandatory coordination and cooperation between the competent services and case records violence. This paper analyzes not just criminal and family law measures providing protection from domestic violence, but also the results of the application of these measures in the context of femicide prevention.The democratization of the countries in Central and Eastern Europe (CEE) has also included the reform of inefficient public administration. At the same time, these reforms have been accompanied by the aspiration for a membership in the European Union. The administration has been transformed according to a number of principles that make up the framework of the European administrative area. Along with these processes, there were established public agencies, a body taken over from the developed countries, and created during the reform of the New Public Management. The countries in transition have gone through an extensive and rapid process of agency. Due to a high level of autonomy after the formation of agencies, i.e., after certain tasks have been transferred to their competence, it is difficult to eﬀectively control their work. The public interest is threatened by the non –transparency of these bodies. Their existence also aﬀects the basic principles of the European administrative space and turns the reform against itself. It is certain that the mass establishment of a new body in the system of public administration brings uncertainty in terms of eﬀects. It has turned out that foreign experts, without knowledge of the administrative tradition of the socialist countries, as well as domestic politicians who wanted accelerated reform, also contributed to that.

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THE CONTEXTUALIZATION OF THE PROVISIONS OF THE LAW ON GENERAL ADMINISTRATIVE PROCEDURE WITH A SPECIFIC OVERVIEW ON THE CONCEPT OF AN ADMINISTRATIVE CONTRACT

Author(s): Aleksandra Dimitrijević / Language(s): English Issue: 3/2021

Based on the premises that public administration should serve as an open, digitally developed and work-transparent public service, the aim of the paper is to analyze the notion and purpose of an administrative contract as a part of new Law on General Administrative Procedures. Simultaneously developed with the Public Administration Reform as its corner stone, several aspects of the law have been analyzed, just for the purpose of comparing novelties. Having in mind that such a contract represents a novelty here, but not in the European administrative space, it is our goal to determine and conclude whether this agreement provides an essence of citizens’ social and economic demands. The concept of establishing this kind of a ‘symbiotic’ contract finds its purpose in being diﬀerentia specifica from any other contracts, thus having government on one side. It still stands as an open issue how such a kind of an agreement will be fully executed, monitored and regulated.

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O RÓŻNYCH SPOSOBACH DĄŻENIA DO SPECJALIZACJI SĘDZIÓW ORZEKAJĄCYCH W SPRAWACH ADMINISTRACYJNYCH

Author(s): Wojciech Piątek / Language(s): Polish Issue: 2/2020

The starting point of the study is the thesis on the need for the specialization and expertise of judges adjudicating in administrative matters. Then various methods by means of which this goal can be achieved are presented, both within a separate branch of the administrative judiciary and within the uniform system of the ordinary judiciary. The paper also indicates the negative aspects of excessive judicial specialization that are raised in the literature, which should not, however, negate the idea of being knowledgeable of more and more specific areas of administrative law, which is necessary for issuing lawful and socially acceptable decisions.

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WYŁĄCZENIE CZŁONKA ORGANU KOLEGIALNEGO W OGÓLNYM POSTĘPOWANIU ADMINISTRACYJNYM

Author(s): Grzegorz Łaszczyca / Language(s): Polish Issue: 3/2020

The article deals with the issue of excluding of a member of a collegial body from general administrative proceedings. This regulation aims at the implementation of the principle of impartiality of proceedings, which is based on Article 8 § 1 of the Code of Administrative Procedure. The author discusses the elements of the exclusion institution, in particular the notion of a member of a collegial body, the reasons for the exclusion, the form of the exclusion and the authority deciding on the exclusion, the exclusion initiative, and the effects of the exclusion. The article also sets out the effects of violating the exclusion regulation.

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Nevoia „marilor hotărâri” judecătorești și a rezonanțelor lor teoretice creatoare. Cazul Dreptului urbanismului.

Author(s): Mircea Dutu / Language(s): Romanian Issue: 4/2019

Given the globalization of the economy, the intensification of basic change, the amplification in the circulation of goods and people, and the modernization of law, case law acquires a regultory purpose and a rising impoetance in preventing and resolving the complex and substantial litigation. Exploting new resources and situations in case law implies as well the diversification, reevaluation, and perfection of the instruments of knowledge and promotion of the concluions of judicial practice of various jurisdictions ad-hoc, national, regional, or international. A concluding example in this sense are the adnotations to the representative judicial decisions which, when done by rigurous criteria and with proffesional competence, become and important form of knowledge and analysis of law, showing off, after a significant tradition, a significant revival. At the same time, case law plays a determining part in the prefiguration, structuring, and development of new branches of law, such as: environmental law and urban planning law, where the abundant and technicized regulations need „juridicization” in view of revealing their own significance. The general revival of case law needs as well revealing its contributions, in a formula in which the extract of judicial decisions is to be conjugated with the jurisprudential comment, giving the interested parties an adecquated and efficient knowledge of the legal text in the context of concrete enforcement. In this purpose, the French experience reveals the utility of elaborating and publishing a collection of „great decisions” structured by domains of law, a model which can also be imported in Romania.

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Regimul juridic aplicabil autorităților administrative autonome cu specială privire asupra autorităților în domeniul securității naționale.

Author(s): Dana Apostol Tofan / Language(s): Romanian Issue: 4/2019

L'étude examine le régime juridique applicable aux autorités administratives autonomes. Une analyse distincte concerne les services d’information tels que le Service de Renseignement Roumain, le Service de Renseignement Etranger et le Service de la Protection et de la Garde. La recherche scientifique des dispositions législatives applicables à cette catégorie particulière d'autorités administratives autonomes dans une perspective comparative montre les problèmes qui peuvent survenir dans leur activité. Dans une seconde partie de l’analyse, sont présentées les dispositions du Code administratif relatives aux autorités administratives autonomes dans les aspects suivants: leur définition, la création et l’abolition, la gestion et le statut de leur personnel, ainsi que le régime juridique applicable aux actes des autorités administratives autonomes. En ce qui concerne le régime des incompatibilités et des conflits d'intérêts applicable aux personnes qui assurent la gestion des autorités administratives autonomes, le Code administratif a préféré une référence à la législation spécifique, en vigueur avec de nombreuses changements ultérieures, d'avant l'adhésion de la Roumanie à l'Union européenne.

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Regimul incompatibilităţilor în administrația publică locală

Author(s): Dana Apostol Tofan / Language(s): Romanian Issue: 3/2020

L'étude examine le régime des incompatibilités des élus locaux dans la législation roumaine. Après certaines considérations générales sur le sujet, une analyse plus approfondie est consacrée aux incompatibilités qui caractérisent les autorités de l'administration publique locale. C’est la situation des conseillers locaux, des conseillers départementaux, des maires et des présidents des conseils départementaux. Le Code administratif envoie à une ancienne loi adoptée pendant la période de pré-adhésion, La loi no.161/2003 concernant les mesures visant à assurer la transparence dans l'exercice de la dignité publique, les fonctions publiques et l'environnement des affaires, la prévention et la sanction de la corruption en ce qui concerne les incompatibilités et les conflits d’intérêts. La pratique et la jurisprudence soulèvent des problèmes.

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EUPAN i CAF kao smernice reforme javne uprave u Srbiji

Author(s): Marko Novaković / Language(s): Serbian Issue: 76/21/2021

The administration is an inherent part of every state and its necessary element. In the same way that states differ in their political systems or levels of democracy, their administrations differ in their efficiency and level of development. Despite those differences (or because of them), a lot can be learned from the experiences of other administrations. Those experiences and good practices can be used as a direction for improvement and ultimately implemented in other administrations. However, it is of utmost importance to take into consideration the particular characteristics of the implementing state during the implementation process. When the characteristics of the administration where best practices are implemented are similar to those of the administration from which best practices are taken, it is only natural that the solution will be similar. However, this similarity should be exclusively an outcome of the thorough analysis and should not be taken for granted. In this paper, the author will point out the importance and potential of the EUPAN network for the Republic of Serbia, as well as the quality management system for public administration institutions - CAF. The research behind this article was conducted with the aim of assessing the best avenues for public administration reform (PAR) in Serbia and to investigate whether and to what extent membership in the EUPAN and application of the CAF as a tool might be beneficial for the PAR.

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Implicații ale jurisprudenței instanței supreme în sfera dreptului administrativ.

Author(s): Dana Apostol Tofan / Language(s): Romanian Issue: 2/2021

Au début, l'étude examine d’un point de vue générale, les deux institutions procédurales consacrées par le Nouveau Code de la procédure civile, le recours dans l’intérêt de la loi (une ancienne institution) et la décision préliminaire pour résoudre un problème juridique (une nouvelle institution). Après quelques aspects généraux concernant les deux institutions permettant d’assurer par la Haute Cour de Cassation et de Justice l’interprétation et l’application unitaire de la loi par les autres instances judiciaires, conformément à sa compétence, l’analyse porte sur les plus importantes décisions de l’instance suprême ayant un impact sur la sphère du droit administratif. Il s’agit de certaines décisions concernant surtout la Loi sur le contentieux administratif no. 554/2004 mais aussi l’Ordonnance du Gouvernement no. 2/2001 concernant le régime juridique des contraventions.

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Practice of extended competence of the Ombudsman for the financial services of the United Kingdom in the field of insurance

Author(s): Ozren Uzelac,Marijana Dukić Mijatović / Language(s): English Issue: 4/2021

In this paper, the authors discuss the decision-making method of the UK Financial Services Ombudsman enabling more favourable outcomes for an insured person in relation to the strict application of law. The authors delineate the manner in which the Ombudsman and the courts act and present specific examples in which the Ombudsman has recognized some rights to the insured whose exercising they themselves did not demand from the insurer. In the practice of the Ombudsman, there are numerous examples in which disputes arose due to a poor understanding of the breadth of the insurance coverage by the insured, the quality and scope of the damage repair service, a restrictive interpretation of the subject of insurance by the insurer. The circumstances on which the Ombudsman made decisions in disputes were based on the standard of a “vulnerable insured person” and a free belief of this body regarding the existence of unfulfilled expectations, which could contribute to the further improvement of the legal framework for the protection of the insured persons.

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Metody badań nauk społecznych w nauce prawa administracyjnego

Author(s): Jan Izdebski / Language(s): Polish Issue: 4/2021

The main purpose of this paper is to present the science research methods in the study of administrative law. Creating and applying administrative regulations provokes significant research questions, many of which require the use of research methods and techniques rooted in social sciences, dedicated to the observation of factual phenomena under the influence of administrative law.

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STRUKTURA ORGANIZATIVE E ADMINISTRATËS PUBLIKE NË REPUBLIKËN E MAQEDONISË SË VERIUT DHE VEPRIMTARIA E SAJ NORMATIVE

Author(s): Aneta Stanchevska / Language(s): Macedonian Issue: 16/2021

The modern way of life needs a well-organized and professional administration with a clear structure, with specific tasks and way of acting and regulated relations in order to perform works for the protection and security of the public interest. The word administration is derived from the Latin word Administratio, composed of the words ad "to" and ministratio, "serving" or "rendering service"; Public administration is a set of bodies and organizations (state and non-state functional and territorially decentralized), which perform certain administrative activities. From the above we can conclude that the administration is very important for the functioning and progress of society. The system of public administration in the Republic of Macedonia constitutes the core of the state administration in the three branches of the state administration bodies (legislative, executive and judicial power-including the local administration), while the administration in the activities of public interest is covered by a broader concept of administration.

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ERRORS OF PUBLIC AUTHORITIES IN PERFORMING THE PUBLIC ADMINISTRATION DUTIES: EVOLUTION OF APROACHES TOWARDS HUMAN RIGHTS IN THE COURT PRACTICE OF THE REPUBLIC OF LITHUANIA

Author(s): Sofia Khatsernova / Language(s): English Issue: 4/2021

The article points to the problem of a lack of adequate mechanism for correcting errors of state institutions in their performance of public administration functions. It analyses the legal regulation and case law on the above issue. The analysis of court cases identified in the paper shows that for a long time there was a tendency to place on the citizens the burden of correcting the mistakes made by state institutions. In this way, property rights on legally acquired property were restricted or invalidated. This problem was in the Lithuanian context broadly discussed by the international courts. The aim of the article is to present the scale of the problem and the evolution of legal regulation and case law aimed at remedying it.

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ADMINISTRATIVE PROCEDURE LAW AND E-SERVICES IN LATVIA

Author(s): Edvins Danovskis / Language(s): English Issue: 4/2021

The Article provides an insight in the scope of regulation of the Latvian Administrative Procedure Law and the use of e-services and other means of electronic communication in administrative procedure. The scope of regulation of the Latvian Administrative Procedure Law is mainly determined by the definition of an administrative act, which, in turn, is derived from the German administrative law. The adoption and application of the Administrative Procedure Law is generally regarded as very successful example of transformation of the legal system. For the past ten years the government has introduced various e-services and other electronic tools designed to facilitate electronization of administrative procedure. The article outlines basic legal regulation of these tools, as well as gives a short insight towards recent impact of the pandemic of COVID-19 on use of electronic communication between the government and private persons.

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Implicațiile codificării procedurii administrative asupra teoriei actului administrativ

Author(s): Maria-Loredana Haiduc / Language(s): Romanian Issue: 1/2022

This book is a vision of the implications that the codification of administrative procedure will have on the theory of administrative act. The book aims to highlight the essential aspects to be codified in Romania's Administrative Procedure Code, proposing also solutions de lege ferenda.

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O ПОРЕКЛУ ОБАВЕЗНОГ БЛАГОСЛОВА ЗА ИЗБОР ПРОФЕСОРА БОГОСЛОВСКИХ ФАКУЛТЕТА – НАЦИОНАЛНИ И УПОРЕДНИ ПЛАН

Author(s): Dušan S. Rakitić / Language(s): Serbian Issue: 1/2022

Protection of nascent university autonomy, recognition of professor status and validity of acquired diplomas – all provided by the Church throughout history – were crucial for the development of universities during their early existence, at the time when they acquired their present reputation and influence. Denominational theology, based on the authority of higher education in modern society, has the capacity to exert dominant influence on the identity, doctrine and perception of a certain denomination, requiring the safeguarding of the church’s right to maintain such influence within the confines of its self-determination. Appointments of theology professors is an indispensable instrument for ensuring such a right. The right of selfdetermination of the church represents the framework within which university autonomy in the domain of denominational theological study may be exerted. Absence of the right of the church to influence appointment of theology professors would amount to the negation of its right to religious self-determination.

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