Стандартизираният модел на управление на съдебен район в контекста на новите икономически предизвикателства и добрите европейски практики

Author(s): Vanuhi Arakelyan / Language(s): Bulgarian Publication Year: 0

The report examines the contemporary model of a judicial area of district trough analysis of the normative acts, regulating the management of the judicial system. The problems are examined in the context of the new economic challenges and the good European practice. On basis of the research are made proposals de lege ferenda for improvement of the legislation.

The Central and Eastern European Judiciary and Transnational Judicial Dialogue on International Law

Author(s): Anna Wyrozumska / Language(s): English Publication Year: 0

The Dialogue of CEE Constitutional Courts in the Era of Constitutional Pluralism

Author(s): Izabela Skomerska-Muchowska / Language(s): English Publication Year: 0

Administrative Courts and Judicial Comparativism in Central and Eastern Europe

Author(s): Joanna Krzemińska-Vamvaka / Language(s): English Publication Year: 0

The Dialogue between Selected CEE Courts and the ECtHR

Author(s): Marcin Górski / Language(s): English Publication Year: 0

The Preliminary Reference Procedure as an Instrument of Judicial Dialogue in the EU – the CEE Perspective

Author(s): Anna Czaplińska / Language(s): English Publication Year: 0

The Polish Ordinary Courts in Dialogue on International Law

Author(s): Magdalena Matusiak-Frącczak / Language(s): English Publication Year: 0

International Refugee Law and Judicial Dialogue from the Polish Perspective

Author(s): Michał Kowalski / Language(s): English Publication Year: 0

Lithuanian Courts in Dialogue on International Law

Author(s): Elżbieta Kuzborska / Language(s): English Publication Year: 0

Ukrainian Courts in Dialogue on International Law

Author(s): Ivanna Kolisnyk / Language(s): English Publication Year: 0

Problems with Application of International Law in Ukraine: Theoretical and Practical Issues

Author(s): Taras Tsymbrivskyy / Language(s): English Publication Year: 0

Who is to Give Effects to the ECtHR Decisions? The Vajnai Saga

Author(s): Erzsébet Csatlós / Language(s): English Publication Year: 0

Efectele pandemiei asupra digitalizării justiției

Author(s): Beatrice-Florina Draghiciu / Language(s): Romanian Publication Year: 0

The reality generated by the COVID-19 pandemic has led to the acceleration of the digitization process in many social and economic activities, but also in the field of justice. While courses, work and even interaction with certain state authorities have moved in a significant percentage in the virtual environment, technological progress in the justice system has tried to respond effectively to the challenges posed by the need for social distancing. National and international authorities have adopted numerous regulations that allow the introduction of justice in the age of technology. Although these rules established in the context of the pandemic are only applicable during the state of alert at national level, we can say that they represent the first step towards a system that could be adopted on a permanent basis.

Influencers: the path from consumers to professionals

Author(s): Aura-Elena Amironesei / Language(s): English Publication Year: 0

The concept of ‘influencer’ stands at the confluence of law, economy, marketing, sociology and psychology, being in a continuous grinding, generated by the development of social media tools and the diversification of the activities that can be carried out on social media. The influencer has crystallized his presence within the virtual environment, as he started to use social media from the position of a consumer. At the moment, he evolved into an entity that shirks the national imperative legal provisions and has a series of attributes which cannot characterise any other existing and conceptualised entity. The uniqueness of the influencer, along with his constant developing characteristics, have led to several difficulties in the process of regulating his activity. Nevertheless, the time that has passed since their emergence on the market is more than sufficient for providing the possibility of describing the influencers and confining them within a legal regime. Our analysis focuses on the compatibility between the status of a professional, as it is regulated in the Romanian law, and the status of influencer. Then, we will briefly discuss the possible consequences, determined by the compatibility, on the activity of the influencer and on his digital content.

Sino-European Customs Protection of Intellectual Property Rights: From Upmost Necessity to Concrete Measures

Author(s): Rémi Fouque / Language(s): English Publication Year: 0

This study's objectives are to enlighten the joint collaboration, legal similarities and similar goals in Sino-European customs actions while fighting counterfeiting and protecting IP rights. This article will present, in a abridged fashion, the reasons that justify the upmost necessity for both the People’s Republic of China and the European Union to carry out customs protection of IP rights, and its concrete measures taken in order to set it right. This study has been undertaken as an abridged detail of my forthcoming Ph.D thesis, which showcase the legal similarities of customs actions in fighting counterfeit goods trade, focusing on and comparing the legislations of France, the European Union and the People’s Republic of China. Even though China has been labelled as the top global source of counterfeit products, the Chinese government and customs, deeply impacted by the scourge themselves, carried on actions to fight it and prevent it by passing adequate laws: this is the demonstration of this article.

The Third Way: Social Economy and the Role of the State in This Context

Author(s): Cristian Dumitrescu / Language(s): English Publication Year: 0

From the perspective of economic development, states of crisis are absolutely necessary to temper consumption excesses and thus avoid the too rapid depletion of resources. In other words, economic crises reconcile people’s needs and desires with the real possibilities of satisfying them in a certain historical period. Some analysts go even further by stating that periodic recessions avoid or postpone much more serious planetary crises: the depletion of basic natural resources, ecological catastrophes, large-scale climate imbalances. Recession periods force humanity to a critical attitude, self-assessment of lifestyles, restructuring of the economy, searches for new solutions in science and technology, sometimes even resettlement or modernization of social and institutional structures.

The Economic as a Configuration Factor of the Law

Author(s): Iulia Boghirnea / Language(s): English Publication Year: 0

Where does the legislator receive the command to create legal norms? It is a question that finds its answer in the social, economic, cultural reality, etc. Law is a result of an evolution of filtering and valorization, over time, of the most important social relations. In this paper, we propose to shed light on the economic, as a factor in the configuration of law, in the context of the economic crisis determined by the Covid 19 pandemic. As a result of the restrictions imposed on the freedom of movement of people, the issue of the real danger that impacted public health was raised, which is why they were imposed, on a normative level, by the regulation of the green certificate.

Contractual Risks in Robotic Process Automation (RPA) Projects

Author(s): Iulia Daniela Postolea,Constanţa-Nicoleta Bodea / Language(s): English Publication Year: 0

In a time of paradigm changes redefining the meaning of "work" concept and the way work is carried out, the processes automation became not only widespread but also necessary and efficient. These changes are supported by the usage of the software robots. The Robotic Process Automation (RPA) projects implement process automation solutions that might be used for different processes that involve repetitive tasks and indispensable, even if they do not have a significant added value per see. The initiation of this type of projects must take into consideration not only the benefits that might be achieved, but also the potential financial losses, due to contractual imperfections or/ and the defective results of robots’ performance. In this paper, the authors identify the contractual typologies applicable to RPA projects and evaluate the contractual elements that have the potential to cause financial losses as well as proposals for mitigating the identified risks. We consider that the paper covers a gap identified in the literature.

Challenges in Approaching the Contemporary Concept of Legal Security Determined by the Imperative to Respect Fundamental Rights in the Context of Complex Crises

Author(s): Aida-Diana Dumitrescu / Language(s): English Publication Year: 0

The complexity of present challenges requires a quick and appropriate adaptation of the security concept on all levels and in this context this study is revealed as a necessity and it is capable to provide essential information for developing complex security strategies, under the need of respecting fundamental rights and freedoms. The vulnerabilities, threats and risks identified on legal security, belong in fact to the security itself and have to be analyzed, anticipated and mitigated as much as it is possible. Highlighting the characters of the domain (complexity, dynamics and interdisciplinarity) the material present the evolution of ”legal security” on the practice of the European Court of Human Rights and put into discussion the risks and vulnerabilities of legal security (excessive standardization, inconsistent of practice and legislation) including their concrete consequences in the business field.

Risk Assessment for Power Purchase Agreements as a Tool for Promoting Green Energy

Author(s): Adrian D. Tanţău,Elena Niculescu / Language(s): English Publication Year: 0

In a world where the climate neutrality commitments is increasing and the states are starting to take serious measures regarding the achievement of a zero carbon economy and the stopping of pollution, renewable power purchase agreements can be a very suitable solution for reaching these targets. Although we can see an improvement of the demand of these contracts, the energy market has some gaps, especially from a legislative point of view. The goal of this research is to identify and analyse the risks that may occur in the performance of the PPAs as a tool for promoting green energy. For this research there are used the comparative analysis and survey based on questionnaires completed by different categories such as producers, financial and energy experts, industrial and small consumers. The article reduces the gap regarding the understanding of the associated risks of the PPA, on one side, ans on the other side it tries to find the most suitable way in which these could be divided between the parties in the contract. The results suggest that although there have been made some changes in the legal framework regarding these types of contracts, there is still place for improvement, the lack of confidence in the law being the main factor that leads to the hesitation to enter in such contractual relations non-legislation or insufficient legislation of the PPA representing one of the risks most often assumed by the parties. The implications of the study are at the theoretical level: approaching a little-studied topic in the context of the development of some legal frameworks in order to promote green energy, clarification of some theoretical aspects regarding the assumption of contractual risks.