Egzekwowanie zatrudnienia pracowniczego w prawie zamówień publicznych przejawem naruszenia wolności gospodarczej

Author(s): Sebastian Koczur / Language(s): Polish Issue: 1/2024

This article analyzes the regulation regulated in art. 95 of the Public Procurement Law, the contracting authority is obliged to specify in the notice the activities to be performed by persons employed by the contractor under an employment contract. Recognizing the validity of the very idea of protecting employees, it should be stated that the method of determining the necessity to establish an employment relationship adopted in the Act, based solely on the nature of the activities, thus ignores the way of their implementation and, consequently, is an overly rigorous means of implementing the protection of employees. According to the author, the applicable legal standards provide a sufficiently wide range of effective instruments of protection against avoiding employment under the labour law regime, which also allow the contracting authority to effectively enforce compliance with labour law standards by the contractor during the performance of the contract.

Nękanie w miejscu pracy

Author(s): Izabela Bień / Language(s): English Issue: 1/2024

The study provides an overview of national legislation on workplace harassment. The author indicates the scope of subject and object of the regulations, as well as describing the mechanisms for monitoring and controlling this phenomenon. It also addresses the scope of support for victims and the range of penalties imposed on perpetrators of this type of abuse.

Библиотеката на Съюза на юристите представя

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 9/2024

Korczakowskie „prawo dziecka do szacunku” i wypowiadania swoich myśli w polskim postępowaniu cywilnym

Author(s): Urszula Chęcińska,Kinga Flaga-Gieruszyńska / Language(s): Polish Issue: 10/2024

The article consists of two parts. The first part, based on pedagogical publications, discusses the pedagogical activity of Janusz Korczak as a precursor and advocate for children’s rights. The second part, based on legal publications, presents considerations concerning the rights of the child and their correct reflection, related to the child’s right to be heard in civil cases. The article ends with a conclusion about the necessity of cooperation between educators and lawyers at a time when there is a growing awareness of the need to look for new legal solutions related to the presence of “children without childhood” and “childhood beyond borders.” The article is a preview of further publications on this topic.

Considerații privind autorizarea și supravegherea activității de asigurare și reasigurare din România din perspectiva noilor competențe acordate Autorității de Supraveghere Financiară

Author(s): Raluca Dinu / Language(s): Romanian Issue: 4/2024

At the same time, in accordance with Directive (EU) 2021/2118 of the European Parliament and of the Council of 24 November 2021 amending Directive 2009/103/EC relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability, member states must establish, authorize or designate a body having the role of making payments to third parties prejudiced by compulsory insurance of vehicles against civil liability, in case of insolvency or liquidation for any reason of the insurer that issued the compulsory insurance of vehicles against civil liability contract, body to negotiate the conclusion of agreements with similar bodies in other member states.

Postępowanie egzekucyjne albo upadłościowe wobec osoby prawnej Kościoła Katolickiego w Polsce a mienie stanowiące przedmiot kultu religijnego

Author(s): Rafał Adamus / Language(s): Polish Issue: 27/2024

This study addresses the problem of the legal protection of religious objects belonging to legal persons of the Catholic Church in Poland if enforcement proceedings or bankruptcy proceedings are initiated against these legal persons. This paper proposes that so-called ‘church property’ (i.e. property belonging to church legal persons) may be subject to liquidation as part of enforcement or bankruptcy proceedings. A de lege ferenda motion is also put forward, which demands that in such situations, the right of preemption for other church legal entities be introduced. Regarding sacred property, the existing immunity from enforcement is stated in the provisions on enforcement administrative proceedings. In the case of judicial execution, doctrinal views are invoked, indicating immunity from enforcement granted to church legal entities. Several arguments are formulated to justify this immunity. Nevertheless, the imperfection of normative regulation is highlighted. It is also noted that property components not subject to enforcement are not included in bankruptcy estates.

Prawo pacjenta do opieki duszpasterskiej – wybrane problemy praktyczne

Author(s): Michał Białkowski / Language(s): Polish Issue: 27/2024

The present article examines the patient’s right to pastoral care. The subject matter is of particular importance given the changes taking place in Polish society as well as migration (including from cultural circles different from Polish) and the growing awareness of patients of their rights. An additional argument in favour of exploring this topic is the complexity of the legal regulation that requires the interpreter to reach out to various branches of private law (civil law, family law, legal instrument for the protection of patient rights) and public law (constitutional framework of freedom of conscience and religion, organisation of health services). This paper employs a dogmatic-legal method supported by an analysis of Polish court jurisprudence.The aim of this article is to discuss the pastoral care issue by addressing practical problems in the application of the law. Hence, the paper addresses questions related to the implementation of the patient’s right in a manner that ensures respect for his or her will, including the issue of the legal position of a minor and an unconscious patient. The situation of patients who follow religions other than the dominant religion in the Republic of Poland is also analysed. Specific issues related to the role of limitations on judicial and administrative execution as a guarantee of realisation of a right in question or the obligation of the healthcare institution to bear the costs of pastoral care are also addressed.This article provides conclusions mainly concerning the application of the law in relation to the entities who are obliged and entitled to realise the patient’s right to pastoral care. The foundation for effective realisation of rights in this area is the information about a given right and the manner of its exercise. Undoubtedly, regarding the protection of the autonomy of the patient’s will, the non-discrimination of religious minorities, or the principle of incurring costs related to the realisation of this right by the treatment entity, the Polish legal system remains in line with the European standard for the protection of patient rights.

Ujawnienie danych osobowych zawiadamiającego o przestępstwie kościelnym. Kazus i jego rozwiązanie

Author(s): Maciej Andrzejewski,Piotr Kroczek / Language(s): Polish Issue: 27/2024

The background for this article is a case study in which parishioners reported their parish priest for allegedly violating canon law by living in concubinage. The accusations turned out to be false, and the alleged concubine demanded that the diocesan bishop reveal the identities of the reporters. The aim of this article is to determine whether it is permissible to disclose the personal data of the person reporting a church offence to the person whom the report concerns or to other individuals. The article examines this issue in light of both canonical law, including the 2018 General Decree of the Polish Episcopal Conference on data protection, and other generally applicable laws regulating personal data protection (Polish and European laws, including GDPR), as well as other regulations protecting personal rights. To answer this question, the authors have employed the legal dogmatic method to interpret provisions on data protection and the comparative method to compare the scope of data protection in Catholic canonical law and Polish law. This paper focuses mainly on the conditions that must be met, in light of the applicant’s factual and legal interest, for personal data to be disclosed. The analysis shows that neither a factual interest nor a legal interest of a spiritual nature sufficiently justifies the disclosure of personal data; it is necessary to prove the applicant’s material legal interest. According to the proposed syllogism, since the applicant in this case has a material legal interest and the report was false and made in bad faith, the diocesan bishop should conclude that the reporter is not protected and should disclose the data in accordance with the request.

Сравнителноправен анализ на продължителността на отпуските по майчинство и бащинство в Европейския съюз

Author(s): Larisa Todorova / Language(s): Bulgarian Issue: 16/2024

The right to maternity leave, paternity leave and parental leave is regulated in Council Directive 92/85/EEC of 19 October 1992 and Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019. The Member States of the European Union, in accordance with their national law, collective agreements or established practice, determine the rules for the implementation of the directives, provided that the minimum requirements and objectives set out in them are met. The comparative legal analysis of the duration of maternity, paternity and parental leave, as well as the way they are used in the Member States, allows for the adoption of established good practices. On this basis, proposals are made for the improvement of Bulgarian labor legislation in this area.

7th ICLARS Conference "The Accommodation of Religion or Belief in the Public Sphere: Undeserved Privilege or Fundamental Right?", Notre Dame, Indiana, October 21–23, 2024

Author(s): Vanja-Ivan Savić / Language(s): English Issue: 27/2024

7th ICLARS Conference The Accommodation of Religion or Belief in the Public Sphere: Undeserved Privilege or Fundamental Right?, Notre Dame University in Indiana, USA, October 21–23, 2024. The International Consortium for Law and Religion Studies (ICLARS) is one of the most important associations of legal scholars, legal practitioners and social scientists in the interdisciplinary field of law and religion.

Review of the book „Statutul juridic și rolul organizaţiilor nonguvernamentale în guvernările democratice” [The legal status and role of non-governmental organizations in democratic governments], Author – Ciprian Gabriel Ungureanu, LUMEN Publishing,

Author(s): Dumitrița Florea / Language(s): English Issue: 1/2024

The present article represents a book review of the volume „Statutul juridic și rolul organizaţiilor nonguvernamentale în guvernările democratice” [The legal status and role of non-governmental organizations in democratic governments], authored by Ciprian Gabriel Ungureanu, published byLumen Publishing, in 2024. The work of the author Ciprian Gabriel Ungureanu reflects the concerns for the regulation of constitutional law analyzed through the lens of domestic law and the applicable comparative law in this field. His volume highlights the study of some aspects related to the role and functions of civil society, the organizational forms of civil society, the legal status of non-governmental organizations and the comparable element of non-governmental organizations in Romania and the Republic of Moldova (Ungureanu, 2015).

Legal Regime of Acquisition of Land Ownership by Newly Formed Families in the Republic of Moldova

Author(s): Grigore ARDELEAN / Language(s): English Issue: 3-4/2023

During the transition period of the Republic of Moldova from the planned economy to the one based on free trade, fair competition, etc., including from the public property of the Soviet state to the private property of individuals, the need to establish a clear regime for acquiring and exercising the right to land ownership had become a strict one. In parallel, with the adoption of the Land Code, in addition to the appropriation of agricultural land, it was also decided to assign land to newly formed families in order to help them develop a family, ensure decent living conditions, demographic growth and prevent emigration. Since then, when the legislative framework in the field was developed in a hurry, with many shortcomings and ambiguities, and up to the date of writing this article, the legislator has not taken any measures to rectify the legal situation regarding the acquisition of land ownership by families newly formed. Thus, against the background of the respective problem, we are determined to investigate the problem as a whole, trying to offer solutions, but also suggestions to the legislator to change the attitude of the public authorities responsible for assigning these lands.

Prezumția de nevinovăție în jurisdicțiile naționale și europene

Author(s): Verginia Vedinas / Language(s): Romanian Issue: 03/2024

Book review - This year, at Universul Juridic Publishing House, the work with the above title by Mr. Constantin-Marius Arădan was published. It is based on the doctoral thesis with this name that he developed under the masterful scientific coordination of Professor Ioan Vida. Professor Ioan Vida is a very special personality through his contribution and significance for the legal world of our days. Both for legal doctrine and practice, we could say, at the highest level, if we mention among the legal occupations of the professor that of constitutional judge and president of the Constitutional Court of Romania.

Condițiile de dobândire a unui mandat de ales local în România, de către cetățeanul unui alt stat membru al Uniunii Europene

Author(s): Cristian Clipa / Language(s): Romanian Issue: Supliment/2024

The study aims to analyze the particularities presented by the conditions for acquiring a locally elected mandate if the candidate is a citizen of a member state of the European Union. It starts from the presentation of the normative framework considered in carrying out the study, after which, in the second section, all the provisions of the identified normative acts that are relevant for clarifying the assumed problem are analyzed. The problem is complex and requires the approach of both national law and European Union law, and from national law, both public and private law provisions.

Durata mandatului aleșilor locali și principiul periodicității alegerilor

Author(s): Dan Constantin Mâță / Language(s): Romanian Issue: Supliment/2024

The principle of the periodicity of elections implies that they must be held continuously, at regular time intervals, without mergers affecting the duration of the mandates in progress or the exercise of the right to vote. It is considered part of the European electoral heritage, alongside universal, equal, freely expressed, secret, and direct suffrage. Despite its capital importance for democracy, this principle is most often altered by collusion of elections or erroneous interpretations of the notion of the duration of the mandate. The absence of an Electoral Code, which would ensure a single regulatory framework for all types of elections, encourages the legislator, primary or secondary, to adopt derogatory rules that are often incompatible with the constitutional requirements or with the stability that must characterize the regulations in the electoral field. The jurisprudence of the Constitutional Court on the question of the free and periodic nature of elections is constant, and the doctrine includes solid analyses regarding the free, periodic, and fair nature of elections and the legal security that must characterize electoral law. The electoral regulations specific to the year 2024 contain several derogatory norms that reopened the issue of periodicity of elections for local public administration authorities, both at the level of jurisprudence and at the level of doctrinal debates.

Unele aspecte cu privire la ineficiența procedurilor privind contenciosul electoral în materia alegerilor locale

Author(s): Mircea Ursuța / Language(s): Romanian Issue: Supliment/2024

This material is based on the author's claims from the National Conference of Administrative Law and Public Administration, 5th Edition: „The virtues of the principle of eligibility in the composition of public authorities. From electoral litigation to administrative litigation”. If the lecture delivered at the conference held at the Faculty of Law of the University of Bucharest was entitled „Some considerations regarding the inefficiency of administrative litigation in electoral matters and not only...”, the material that sees the light of day was rethought and limited only to the aspects that are of interest from the perspective of the electoral litigation related to the local elections. Specifically, starting from a situation that can be included, at least theoretically, in the notion of „electoral fraud”, the mechanism by which such fraud can be ascertained in the electoral litigation through the prism of its extremely strict and ineffective procedures will be analyzed.

O radiografie a alegerilor locale din 9 iunie 2024. Între mize electorale, discursuri politice și lacune legislative

Author(s): Claudia Gilia / Language(s): Romanian Issue: Supliment/2024

Elections are the moments when the people express their will regarding the future decision-makers. The framework in which they must take place must be based on principles such as equal opportunities, transparency, fairness, and periodicity. From the way in which all these principles are valued, we can talk about the correct manifestation of electoral options and the consistency of the exercise of citizens' political rights. Elections are at the heart of democracy and the rule of law. Their result influences the way a community or a country shapes its democratic and developmental course. For Romania, the year 2024 is the year in which citizens are called to the ballot box to elect all their representatives, from the mayor to councilors, parliamentarians, or MEPs. The first democratic exam was on 9 June 2024. The government's option was to combine the local elections with the European ones. Was it a viable solution? Did this decision satisfy the electorate's choices? Has the legislative framework managed to provide voters with all the conditions for the full exercise of political rights? These are just some of the questions we will answer in our study.

Comasarea alegerilor – reflectare juridică, consecințe, învățăminte

Author(s): Mihai Cristian Apostolache / Language(s): Romanian Issue: Supliment/2024

The decision to merge the local elections with the European ones imposed the modification of the normal electoral calendar and the normative framework in the matter. The article captures the main legislative changes, highlighting the consequences of this decision and its possible lessons.

Jurisprudența relevantă în materie electorală generată de Alegerile din 9 iunie 2024

Author(s): Ciprian Ene / Language(s): Romanian Issue: Supliment/2024

The proposed study considers the disputes generated by certain electoral incidents. This study focuses on three litigations in which three different situations were judged by the contentious courts. The first case examines the dispute between the Central Electoral Bureau and the political alliance USR-PMP, the second involves the refusal to use a name for a political alliance between two parties for electoral purposes. The last litigation presented concerns the interpretation of a text of law by the Central Electoral Bureau with reference to the magistrates who have the right to hold the position of presidents or deputy presidents at electoral district electoral offices.

Soarta bunurilor domeniale private în lumina alegerilor locale

Author(s): Andreea Boar / Language(s): Romanian Issue: Supliment/2024

The material aims to highlight the way in which local elected officials decide the fate of private domain assets through the lens of the powers conferred on them by law. The study is structured in two parts, each part being in turn divided into two sections: the legislation part and the jurisprudence part. In the first section of the first part of the material, we will present the powers assigned to local elected officials by Law no. 213/1998 in areas such as interdomain transfer (§5) and the inventory of public domain assets of administrative-territorial units (§6), following that in the second section we highlight the many practical problems reflected by jurisprudence regarding private domain assets (§13-§26). In the first part of our study, we will also address sensitive topics such as the application of the theory of „forms without substance” regarding the Government's decisions certifying the inventory of public domain assets of territorial communities (§7), the deadline for carrying out the inventory of public domain goods (§11), as well as the long-standing lack of regulation for private domain goods (§12). In the second part of the study, we will analyze a series of provisions from the Administrative Code on the basis of which local elected officials decide the fate of domain assets. Specifically, we will analyze the transfer of an asset from the private domain into the public domain of the same owner of the property right (§28), the five ways of transferring assets into the private domain (§30), the inventory of assets from the public domain of the administrative-territorial units (§32), attributions regarding the inventory of private domain assets of administrative-territorial units (§38), as well as attributions regarding the sale of private domain assets of administrative-territorial units (§40-§42). The sensitive issues that we will analyze will concern the ratio between the Government decisions certifying the inventory of goods from the public domain of the territorial communities, adopted on the basis of Article 21 of Law no. 213/1998 and the decisions of the deliberative authorities of each administrative-territorial unit for attesting the inventory of their public domain goods, adopted pursuant to Article 289, paragraphs (2) and (5) of the Administrative Code (§36) and the re-attestation of the inventory (§37). We will also present a proposal de lege ferenda suggesting a distinct regulation of the public auction for the sale of goods in the private domain (§43). In the final part of the material, we will present a series of jurisprudential solutions in the light of the Administrative Code (§44-§46).