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.
Due to the pandemic shaking the world in 2020, law enforcement and military authorities also faced the serious strain of often new or substantially larger than usual volumes of assignments. The ...workload of border police, public security, immigration authorities and administrative bodies has increased radically, but the Armed Forces are also strongly involved in performing the tasks. During the state of emergency and the following health crisis declared in Hungary, legislative rules differing notably from the „normal” legal order were introduced, affecting our daily lives, work, relationships, and of course, the lives and services of the officers working for the authorities subject to our study. In this document, we analyse the major changes affecting the „armed” sector within the legal framework related to the pandemic, and – due to its dogmatic interest – the hospital command system developed for the increased protection of healthcare supplies is also covered.
This paper aims at studying the criminal liability according to the Spanish law of transnational companies for imposing forced labour on citizens in other countries. The objective is to elucidate ...whether, under the Spanish law, it is possible to penalise Spanish companies that carry out these practices abroad, practices that are clearly harmful to fundamental rights. For criminal prosecution in Spain to be possible, certain requirements must be met. First, it is necessary that the Spanish Criminal Code acknowledges that legal persons can be held liable. This is a reality since year 2010, although there are a number of problems in attributing responsibility to the parent company for the conducts carried out abroad by the subsidiary. Second, it is required that the Spanish Criminal Code expressly provides that legal persons may be responsible for this type of offences (offences against workers” rights). This is not currently foreseen by the Spanish Criminal Code. Third, it is needed that the Spanish courts are able to prosecute extraterritoriality these criminal offences. This is not possible at the moment according to the current Spanish legislation. Given the situation described, this paper proposes the necessary legal reforms to make it possible to penalise Spanish companies that impose forced labour practices abroad since these practices entail violations of fundamental rights.
Since June 2017, the Hungarian regulation on the registration of NGOs has become one of the instruments of the “rule of law duel” between the European Commission and Hungary. In July 2017, the ...Commission opened infringement proceedings against Hungary under Article 63 TFEU and articles 7, 8, and 12 of the Charter of Fundamental Rights. Moreover, in its 2020 Rule of Law Report, the Commission expressed serious criticisms about constructive engagement with civil society organizations in Hungary.The new Civil Code harmonized the general rules on the operation, management, and supervision of civil society organizations with the provisions applicable to companies.1 In recent years, several (mostly critical) comments have been made in the legal literature on the promotion of dispositive regulation. Based on the above, the aim of the present study is to explore the existing legislation on the registration of NGOs, in the framework of which the legal status of NGOs will be clarified, and the related regulations of recent years – namely, Act CLXXXI of 2011 on the court registration of NGOs and the related procedural rules and Act CLXXV of 2011 on thefreedom of association, non-profit status, and the operation and support of civil organizations – will be analysed.
Although tax evasion has been incriminated as a crime in Romania for almost 100 years, in the doctrine and judicial practice there are still presented contradictory points of view regarding the ...requirement result as constituent element of crime. The present study aims to carry out an in-depth analysis that provides an answer to the question of whether the crime of tax evasion require a material result or only a state of danger. The study is divided into three sections, starts with an overview of the concept of tax evasion, of the line between lawful and illegal evasion and the history of legislation regarding tax evasion. The next section presents various concepts and theories about the material result or the state of danger as constituent elements of crime, presented in national and international doctrine. The section continues with a presentation of the consequences of the classification of offenses, by reference to the result they produce. In the last part of the study is presented an analysis of all variants of tax evasion, based on the theories and concepts set out in previous sections, which concludes that the tax fraud, apparently a crime that require a material result, is in fact a crime that require only a state of danger.
In this paper an enquiry is instituted into the idea of (positive) law in connection with which notice is taken of the nature, character, function and effect of law as well as of rights as the ...product of the law and not without reason. If we say that the positive law is the product of the supreme power of states as the main form of life of men, then the said power may not be restrained by the law, nothing may determine their actions and these actions should not be made strictly in accordance with any rules of law laid down by such states, but states are free to decide how to act. Such a freedom is natural and absolute. It is a fundamental right of all sovereign states, which may neither be waived nor abridged. However, this power is exercisable within strict territorial boundaries. Within these boundaries such states are free to decide which conduct of their subjects is compatible or incompatible with the rule of law. Incompatibility is excluded when nothing precludes distinct subjects of law from using their rights, provided that this use does not come in conflict with the rights and interests of other subjects of law. However, beyond these boundaries, this supreme power of states is restrained by the supreme power of other states and may never be exercised without their free, clear and unequivocal consent to this end affecting the force and effect of their international obligations. The world comprises a great number of states entering into different types of relations. These relations require that to ensure predictable cooperation and communication among them, they should act in accordance with the rules made by them specifically to attain the aim to ensure growth and development of the states, which take place in their contact and interaction with one another. But the question is what we may say of states as modern subjects of international relations governed by the international law? It is also important to know whether this law may ever be found useless in respect of questions arising between the states? Amid the manifold discussion concerning the status, relations and machinery in the realm of international law, the one that we propose in the present paper should not be treated as vain. As a result of the present research the reader will know what the perfect status of sovereign states as subjects of international law is, how to distinguish perfect relations from the imperfect ones in this realm and how the perfect machinery of the international law should operate. This knowledge should be put to work in building harmonious international relations among the states and the whole international community. In this paper we tried to gather and summarize many facts to illustrate as briefly as possible the truth or the way to this truth in this realm. This should save the space and time of all those interested in the study of different phenomena of international law as well as of the manner of operation of wellrecognized rules and principles laid down in appropriate international treaties. Because the whole thing appears to be a kind of efficiency of international law, efficiency of international relations and efficiency of states as the main form of life of all men.
The state has the negative and positive obligation to not violate basic rights of human rights. But the state also must fighting crime. As in legal systems of many countries, evidence and ...substantiation of cybercrime under Turkish law constitutes an issue of major importance. Inadequacy of legislation, discrepancies between national law and initiatives in international judicial cooperation, lack of specialized authorities, shortage of personnel and experts with knowledge and expertise in cybercrime, and absence of specialized prosecutors and courts on cybercrime are factors which contribute to difficulties in fighting cybercrime.
The Covid-19 pandemic has been affecting for more than a year all countries’ economies, by generating an overall sanitary crisis. In order to prevent the spreading of the Covid-19 virus, countries ...across the world have limited or even forbidden temporarily several economic activities, which has led to a financial blockage in some industries, especially in the touristic industry. In response to the devastating economic effects, the Romanian Government has adopted several measures and fiscal mechanisms for companies, aiming at preventing their insolvency and therefore revitalizing the national economy.
The concession, viewed in terms of civil law rules, is a real right corresponding to public property, this legal qualification being conferred by the provisions of article 866 of the civil Code. From ...the point of view of the administrative law, the concession is seen as a way to capitalize on the assets that make up public and private domain. The object of this contract is represented by public or private properties belonging to public or private domain of the state or of administrative-territorial units, these properties following to be registered in the land book before concluding the concession contract of public properties, under the sanction of absolute nullity of the contract, according to the provisions of article 305, paragraph 2 and paragraph 3, of the administrative Code. Three fundamental stages can be distinguished in the development of the concession procedure: - the initial stage, of preparing the documentation necessary to start the tender procedure, characterized by the initiation of the concession proposal and the elaboration of the specifications that include the criteria for awarding the concession contract; - the procedure for conducting the auction, in which the bids of natural or legal persons of private law are submitted and assessed, a stage completed by the statement of the winning bid; - the stage of concluding the concession contract, the regulatory part containing the elements determined in the specifications. Concession of services and works is defined as an agreement by which a public person entrusts the provision of a public service to a private company, which ensures the financing of works, their operation and which is remunerated from royalties collected from statutory undertakers. Concession of mining activities it is a special form of concession, which consists in concluding an agreement called a license, this representing the legal deed by which concession of mining exploration / exploitation activities is granted. The legal nature of concession of forest lands, the public property of the state is that of the species of the service concession contract.
In the judicial doctrine and practice, the differences of opinion and the plurality of the proposed solutions are not only an inherent effect of a current, complex and moldable legal reality, but ...also a desideratum of identifying the correct way of interpreting the legal norms in force and of resolving the legal disputes brought to justice. One of the legal institutions specific to administrative law among the most disputed over the last three decades is the one aimed at legally empowering the courts of law to verify the way in which the public administration authorities exercise their discretionary power to assess the opportunity to issue/adopt administrative documents, as well as the identification of the limits and, possibly, of the exceptions that can be retained from the rule of judicial control over the activity of the public institutions.The analysis of the legal topic in question will consider the approach of some didactic, linguistic, grammatical and of legal analysis methods, integrated and synergistic, having as sole finality the clarification of the meaning and of the limits, objective and subjective, of the right of appreciation and of the discretionary power which the public institutions benefit from. Therefore, it is required, in the beginning, to reveal the polyvalent meaning, attributed in the ordinary language to the notion „opportunity”, semantics that will be the basis for identifying the legal guarantees inherent to the process of exercising by the public administration authorities of the right to assess the time and appropriate means of issuance/adoption of the administrative acts.In the present study, without pretending to exhaust the issues presented above and to put an end to the long differences of opinion that it has caused, we intend to identify the various opinions expressed in the specialized literature, to provide a systematic interpretation of the various solutions adopted by the courts of law and, finally, to propose a viable and pertinent solution to the legal issue under discussion, offering logical-legal arguments and of teleological interpretation of the various competing legal norms, incidental in this legal matter. We intend to offer, through the conclusions of this study, a valuable and applied tool to practitioners in the field of administrative law, in identifying possible answers to complex and elaborate questions, involved by the activity of resolving the legal disputes brought to court with such an object.
