Inclusiveness of Suffrage in Post-Yugoslav Region

Author(s): Tomaž Deželan,Damjan Lajh / Language(s): English Publication Year: 0

Elections are widely justified as devices for consulting the people and thereby deriving their consent to govern (Nakamura and Johnson, 2005). At the start of the nineties of the 20th century in post-socialist states of Central and Eastern Europe, elections became a precious value as a support for the building of democratic political institutions and processes. In this respect, inclusion of the citizenry in electoral and representative processes was vital for the consolidation of democracy in post-transition setting (Birch, 2003: 10). However, holding elections in (post-)conflict societies, for example on a territory of former Yugoslavia, encompassed both dangers and opportunities for democratic and anti-democratic impulses and forces (Nakamura and Johnson, 2005). Namely, institutional choices in a broader context, heavily determined an electoral design in post-socialist settings. Institutional choices were considerably expressed in institutional preferences of leading political actors, i.e. in their interests, goals and values (Kasapović, 1997).

Transformation of the Health Care System in Poland: Achievements and Challenges

Author(s): Jacek Klich / Language(s): English Publication Year: 0

Health care reforms defined as changes in two basic areas: legal (regulatory) and functional have been taking place in Poland within the broader framework of democratisation of the political system and introduction of market mechanisms in the Polish economy. Democratic principles and liberalization of production and trade constituted the new political and economic regimes after 1989 in Poland.

I DIO: 1914–1941. Žene kroz smjenjivanje epoha

Author(s): Aida Spahić,Fabio Giomi,Zlatan Delić / Language(s): Bosnian Publication Year: 0

U ovom poglavlju ukratko će biti predstavljen period od početka Prvog svjetskog rata do početka Drugog svjetskog rata u Jugoslaviji 1941. godine u kontekstu djelovanja žena. Na samom početku dat je kratak pregled historijsko-društvenih okolnosti, a nakon toga prikaz ženskog udruživanja, prava za koja su se zalagale te faktora koji su otežavali ili donekle olakšavali njihovo djelovanje. Također je dat osvrt na ekonomska, socijalna, obrazovna, građanska i ostala prava žena u ovom periodu, kao i na prilike u književnosti i pozorišnoj umjetnosti. U ovom poglavlju se prilikama u Prvom svjetskom ratu gotovo uopće ne bavimo uslijed nedostatka literature o tom periodu. Kako ne želimo da vrijeme izbriše i njihove biografije i doprinose, na kraju poglavlja navodimo sasvim kratko informacije o njihovom životu i radu, unaprijed žaleći što mnoge žene ovog perioda ni na stranicama ove knjige neće naći svoje mjesto.

Türk Sığınma Hukukunda Suriyeli Sığınmacıların Çalışma Hakları

Author(s): Ceren Kaya / Language(s): Turkish Publication Year: 0

Suriyeli sığınmacıların Türkiye’ye adaptasyonlarının sağlanması ve asgari yaşam standardı elde edebilmeleri için çalışma haklarına erişimleri sağlanmalıdır. Sığınmacıların çalışma izni almasında uygulamada büyük sorunlar çıkmaktadır. Suriyeli sığınmacıların çalışma izinleri süreci, başlangıçta özel bir hukuki düzenlemenin yokluğu ve düzenlemelerin çıkarılması ardından ise çıkarılan yönetmeliklerdeki hükümlerin belirsizliği ve uygulanmasında yaşanan problemler nedenleriyle halen sıkıntılıdır. Yabancıların çalışma izni alması, genel itibariyle zorlu bir süreç iken, söz konusu yabancı bir mülteci veya sığınmacı olduğunda, daha da zorlaşmaktadır. Suriyeli sığınmacılar genel olarak YUKK m. 91’de düzenlenen geçici koruma kapsamında korunmaktadırlar. Geçici koruma sağlananlar için çalışma izinleri ayrıca Geçici Koruma Yönetmeliği m. 29’da ve bu madde doğrultusunda çıkarılan “Geçici Koruma Sağlanan Yabancıların Çalışma İzinlerine Dair Yönetmelik”’te özel olarak düzenlenmektedir. Ancak hem bu düzenlemelerde boşluk olan durumlarda genel çalışma izni hükümlerine referans verilmesi hem de yabancıların ile 1951 BM Mültecilerin Hukuki Statüsüne İlişkin Sözleşme kapsamında ve YUKK m.61 kapsamında korunan mültecilerin durumu ile kıyasla değerlendirilebilmesi için, öncelikle genel hükümlerden bahsedilmesi yararlı olacaktır. Ardından Geçici Korunan Yabancılar için getirilen özel hükümler incelenerek, son olarak uygulamada çıkan bazı sorunlar, mevzuat ışığında değerlendirilecektir.

Регистър за синдикалните организации и организациите на работодателите - законодателна рамка и практически ефекти

Author(s): Galina Yolova,Andriyana Andreeva / Language(s): Bulgarian Publication Year: 0

In this paper we conduct an analysis of the legislative solutions related to the establishment of a dedicated register of trade union organizations and the organizations of the employers. In the aspect of the present legislative hypothesizes author concludes about the specifics, necessity and the impact of the register requirement considering the principles of stability and transparency in the social dialogue field.

Towards a Contemporary Understanding of Administrative Procedure

Author(s): Javier Barnes / Language(s): English Publication Year: 0

The bulk of official legal decisions are made not by judges, nor by legislature, but by public administrations. Behind these decisions are administrative procedures, understood as the rules governing the process of decision-making: from administrative sanctions, to public procurement, from ministerial regulations supplementing a statute, to urban planning developing and designing the land use. “Administrative procedure” ultimately refers to a how governmental organizations actually conduct business and manage responsibilities. Today there are a bewilderingly large and diverse number of administrative procedures. Whilst the first general administrative procedure acts (APAs) focused on the so-called “administrative act” (typically a unilateral decision made by public bodies), their reach progressively broadened as the responsibilities of the executive branch and public administrations grew. APAs branched out to deal with other legal acts, such as rules and regulations, agreements under public law, guidelines and administrative guidance, as well as setting general principles to which administrative activities would be subject. The different models on which most administrative procedures are based differ deeply from each other and require a different legal approach regarding their basic elements: from the main types of administrative procedure to their general procedural principles; from infringement sanctions of procedural rules to judicial review, and so forth. A contemporary theory of administrative procedure – and an updated APA – will thus have to assume a broader concept.

The effects of judgments on the suspension of normative administrative acts and their concrete consequences

Author(s): Anamaria Groza / Language(s): English Publication Year: 0

The judgments ordering the suspension of administrative acts, whether individual or normative, have effect only between the parties to the dispute in which they were given. If in the case of individual administrative acts, this effect is fully justified, in the case of normative administrative acts, the situation becomes problematic. The study aims to analyze the legal basis of the two proposed solutions regarding the effects of judgments ordering the suspension of normative administrative acts: inter partes effects vs. erga omnes effects. The research conducted is descriptive and explanatory, supported by relevant case law and doctrine. If a normative administrative act has been suspended by the court (all the more so when the judgment has become final), that act might be suspected of illegality. In this case, one of the three presumptions on which its enforceability is based, the presumption of legality respectively, has been temporarily removed. The principle of the legality of administrative acts justifies the removal of the enforcement of this act also in relation to the persons who did not have the quality of party, but who can bear the consequences of a seemingly illegal act. At the same time, the specifics of the normative administrative act, as well as the principles of the predictability of the law and legal certainty, argue in favour of this solution.

Election and dismissal of the deputy mayor according to the Administrative Code

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

The position of deputy mayor has been under regulation since the beginning of the post-December legislation, the deputy mayor being qualified as an assistant of the mayor. Depending on the rank of the locality, there may be one or two deputy mayors. As an important feature, the deputy mayor enters both the executive and the deliberative power, acting as a link between the two authorities at local level, the mayor and the local council. The paper deals with the procedure of appointing the deputy mayor, as well as the loss of this quality, by dismissal, as they are regulated in the Administrative Code.

Moral damages in comparative administrative law

Author(s): Elena Emilia Ştefan / Language(s): English Publication Year: 0

At present, the national legislation does not provide criteria for assessing the moral damages for prejudice suffered by the victim of an activity of the administration. In this sense, the judge will be the one who will analyze on a case-by-case basis whether he will grant moral damages and in what amount. We are currently witnessing an interference of civil law with administrative law regarding the forms of administrative-patrimonial liability. From this perspective, the present paper aims to analyze the case-law of French law in order to outline such a tendency of the judge, whether from the Administrative Court or the Council of State, on whether or not to grant moral damages arising from the idea of risk in the activity of public administration. Through law-specific research methods, we will investigate two current cases that can provide an insight into the contribution of case-law to shaping the legal regime of administrative liability. This highlights the way in which the administrative judge grants moral damages if the state is held liable sans faute. From this point of view, the topic is interesting for legal specialists who will find in this paper information about the practical applicability of the concept of administrative liability.

Suspension of public servants - constitutionality issues of article 513 paragraph (1) letter l) of the Romanian Administrative Code

Author(s): Marta-Claudia Cliza,Bogdan-Florin Micu,Laura-Cristiana Spătaru-Negură / Language(s): English Publication Year: 0

The entry into force of the Romanian Administrative Code has maintained, unfortunately, a controversial legal provision, regarding the suspension of the public servant's employment relationship, in case legal proceedings are taken against the public servant, if commited certain acts. From our perspective, article 513 paragraph (1) letter l) of the Romanian Administrative Code raises serious concerns regarding the presumption of innocence and the right to work of the public servants found in such situation. The present study tries to bring a multidisciplinary legal interpretation of the authors regarding the analysed legal provision and certain arguments for considering this provision able to be declared, soon, unconstitutional.

The Law on metropolitan areas. The intention of the legislator to regulate one of the forms of association of local communities

Author(s): Gabriel Marin / Language(s): English Publication Year: 0

The forms of association of local communities are the intercommunity development association and the metropolitan area. These two forms of association of local communities can be formed into private entities of public interest. In contrast to inter-community development associations, metropolitan areas may have a limited territorial jurisdiction of up to 30 km compared to the county municipality where they can be established. In addition, according to the normative acts in force, metropolitan areas can only be established around municipalities of county or municipalities declared. Although the legislator wished for a difference between intercommunity development associations and metropolitan areas, even though there was no express text of the law that could be applied for differentiation, local public authorities understood to establish metropolitan areas in the same way as intercommunity development associations. Realizing that the metropolitan area can be used to determine financial and social growth within the communities that compose it, the legislator, through the relevant ministry, published on its virtual page, on March 8, for public consultation, on the Metropolitan areas Law, wishing to know the position of the citizens in relation to the changes they wish to make in relation to this form of association of local communities. In the present study, we analyze the provisions of the draft normative act on metropolitan areas quantitatively, showing what essential changes shall be made within this form of association of local communities if the law shall be promulgated, what are the financial and social benefits for the local communities that make up a metropolitan area and what changes could be made to the draft normative act. For the administrative territorial organization of the Romanian state, the legislation on metropolitan areas represented a step toward a modern administrative territorial organization of European type, respecting the principle of subsidiarity more than it is currently respected.

Competition Council in Ukraine

Author(s): Ovidiu Horia Maican / Language(s): English Publication Year: 0

Even in the present context, we must now the legal preconditions for the harmonization of Ukrainian legislation in the field of competition law with the law of the European Union. Due to its evolution, the competition law has been, and remains, a priority in the harmonization process of Ukrainian legislation. This aspect now is very important due to Ukraine determination to became member of European Union and because is one of the Romania s neighbors.

Interferences of State Administration with Local Self-Government in the Promotion of Local Affairs in the Light of the Administrative Code

Author(s): Verginia Vedinas,Ioan Laurenţiu Vedinaş / Language(s): English Publication Year: 0

The study is based on the premise that the activity of promoting local affairs and their effective implementation requires and presupposes collaboration and even cohabitation between the actions of the state administration and those carried out by the local public administration with autonomous character. From this perspective, the study aims to identify the principles governing relations between the two levels of administration, that of the central system and that of the territorial level, the principles governing these relations, and the institutional framework through which they take place. The approach is based on the constitutional provisions and those of the Administrative Code, and the conclusion is that it is necessary to understand the reality that the development of each administrative-territorial unit and area of the country, whether smaller or larger, is inextricably linked to the proper functioning of cooperation between the central and local/county levels.

Practical Issues Regarding Compliance with Decision-Making Transparency by Local Public Authorities

Author(s): Mădălina-Elena Mihăilescu / Language(s): English Publication Year: 0

The transparency of the activity in the public administration is a sine qua non condition for the observance of fundamental citizen rights, ensuring, at the same time, the involvement of the ordinary citizen in the decision-making process. This article will try to analyze some of the situations in which local administration authorities have clearly violated the provisions of Law no. 52/2003 or Law no. 544/2001, restricting the right of citizens to take cognizance of certain draft normative acts regarding important issues related to the good running of the community, free access to various public information or aspects related to training, administration, and the use of local public funds. At the same time, we will highlight the availability of local authorities from Galați, Buzău or Brăila to ensure through their websites access to the annual activity and the involvement of these authorities in economic, social or cultural activities.

MiFIR Review proposal: Americanization of EU financial markets?

Author(s): Petr Tomčiak / Language(s): English Publication Year: 0

This contribution aims to discuss the recent proposal to review Regulation (EU) No. 600/2014. The European Commission proposed to establish the consolidated tape in the European Union and increase transparency for investors in the EU financial markets. The EU is struggling to attract non-EU investors in the last few years. The proposal puts on the table legislative changes similar to those that are in place in the United States for more than a decade. The question is whether the EU is getting inspired by the regulation on the other side of the Atlantic Ocean in order to help financial markets in the EU. The contribution shall discuss the Markets in Financial Instruments Regulation (MiFIR) Review proposal and find if the European consolidated tape can copy the American model.

Приветствие. Национална конференция „Тридесет години България в Съвета на Европа – Върховенство на правото, демокрация, права на човека“ 30 април 2022г. 10.00 часа, НБУ

Author(s): Diana Kovacheva / Language(s): Bulgarian Publication Year: 0

The Complexity of the Legislative Framework and the Difficulties of Correlation with Economic and Social Impact in Public Administration. The Digitalization of Public Services

Author(s): Vasilica Negruţ,Mircea Valentin Cârlan / Language(s): English Publication Year: 0

Public administration intends, as in all modern countries, to solve public affairs, it is linked to the state system, and it must act for the common good. Continuous adaptation to society's needs is a constant concern of public authorities. One such concern is the digitalization of public services, which consists of a set of activities necessary to adapt all legally regulated processes to transfer the stages of their fulfillment to automated information technology infrastructures organized by artificial intelligence. In this article, starting from the purpose of the public administration, using the logical interpretation, as well as the comparative analysis, we aimed at highlighting the need for the digitalization of public services and the benefits of this process, in the context of a complex legislative framework, emphasizing, at the same time, the difficulties of correlation with economic and social impact in public administration. The digitalization of public services is a mandatory requirement, which will represent a solution for the uniqueness of the stages within the technical-material operations, aspects that will eliminate any possible violations of fundamental rights and freedoms. Digitalization aims not only at facilitating citizens' access to the benefits of public services, but also at changing the perception of citizens towards the public administration, the goal being the achievement of a transparent public administration, as close as possible to the citizen.

Обявлението за доброволна прозрачност и договорът за обществена поръчка

Author(s): Ilonka Goranova / Language(s): Bulgarian Publication Year: 0

The current national legal framework allows contracting authorities and contracting entities to publish a notice for voluntary ex ante transparency in cases following outside the scope of the Public Procurement Act. Thus, they express their intention to conclude a contract, describe its subject and indicate the economic operator they have selected. Under the express will of the Bulgarian legislator, the notice for voluntary ex ante transparency is an individual administrative act, the legality of which can be appealed before the Commission on Protection of Competition. The publication of a notice for voluntary ex ante transparency and its entry into force preclude subsequent requests for destruction of the concluded contract.

По някои въпроси при смесените фактически състави на концесионните договори

Author(s): Katia Vladimirova / Language(s): Bulgarian Publication Year: 0

Concession relations arise and develop as a result of a complex factual composition, which consists of public law and private law elements. The emergence of concession relations is subject to public law. Concession contract execution, non-execution, consequences of such non-execution, penalties, damages, etc. such are subject to private law. The special nature of the concession contract, and more specifically its public law aspect, impose specifics when settling the disputes arising on the occasion of the execution, amendment and termination of these contracts and differences from classic civil and commercial contracts.

Роботът като "помощник" на данъчния адвокат

Author(s): Stoycho Dulevski / Language(s): Bulgarian Publication Year: 0

Robots are often entering our daily lives, including the work flow. They are becoming a valuable and increasingly indispensable assistant. Their use is visible in more complex processes, which raises a number of fundamental questions, also through the prism of tax law. The current paper aims to examine the impact of the robots in the work of the tax lawyer. The author will share some thoughts whether they can "seize" the human functions in the exercise of the activity in question and even to be defined as a 'new form of employees'.