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Societatea de Științe Juridice și Administrative



ISSN: 2247-7195
e-ISSN 2248 – 0382
ISSN-L 2247 – 7195


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Volum 10, Numar Special, Octombrie 2020

Cuprins



Articol 1 - The United Kingdom withdrawal procedure from the European Union

Rezumat

This article is about the United Kingdom’s withdrawal procedure from the European Union, in the aftermath of the Brexit referendum. It analyses the action of the political institutions involved in the withdrawal agreement negotiations, in particular, the constitutional dispute about the exit deal between the UK Government and the Parliament, as well as the way the European Union acted in the course of the whole procedure. Special attention will be given to the decisions delivered by the UK Supreme Court and by the European Court of Justice regarding the withdrawal procedure. The article aims to offer a new perspective, different from the prevailing accounts on the United Kingdom withdrawal negotiations, one that is based on a critical analysis of the attitudes of the main actors in the exit agreement, trying to apprehend their interaction during the whole process.
Key-words: European Union; United Kingdom; withdrawal agreement; ratification; separation of powers; Brexit.
JEL Classification: K23, K33



Articol 2 - The European Union and Japan’s Economic Partnership Agreement: labour provisions under the ‘Trade and Sustainable Development’ ChapterChapter

Rezumat

The conclusion of bilateral free trade agreements is currently a phenomenon in considerable expansion and with significant potential. Many of them include a specific chapter relating to labour, eg. the EU South Korea FTA Chapter entitled ‘Trade and Sustain able Development’, the CPTPP Chapter entitled ‘Labour’ or the CETA Chapter entitled ‘Trade and Labour’. The objective of this study is to improve the understanding of labour provisions, which are included in the ‘Trade and Sustainable Development’ Chapter of the EU and Japan’s Economic Partnership Agreement. The author researches different legal traditions between Japan and EU and concentrates on the lack of ratification on the part of Japan of the ILO Convention concerning Discrimination in Respect of Empl oyment and Occupation, and the ILO Convention concerning the Abolition of Forced Labour (notwithstanding references to the ILO core standards in the EPA). She focuses her attention on the the dispute resolution mechanism included in the EPA, which does not establish sanctions for breaching the obligations under the ‘Trade and Sustainable Development’ Chapter and may thus stymie the ratification process and the effective enforcement of labour standards. Moreover, this study contributes to the literature by o ffering insights on the Committee on Trade and Sustainable Development, and the involvement of civil society in the implementation of the ‘Trade and Sustainable Development’ Chapter. Findings suggest insufficient transparency with respect to the work of th is Committee and the Joint Dialogue with civil society.
Key-words: the EU and Japan’s Economic Partnership Agreement; ‘Trade and Sustainable Development’ Chapter; labour provisions.

JEL Classification: K31 , K33



Articol 3 - Defence of an EU member state against the effects of transnational administrative acts

Rezumat

A characteristic feature of transnational administrative acts is that their effects extend beyond the borders of the issuing State, i.e., they have also effects in the territory of other States. It is one of the institutes that is also used within the European Union to harmonise the activities of the Member States at the application level, too. It represents the so-called horizontal form of harmonisation. The aim of this paper is to analyse possible ways of defence of the Member State concerned against the effects of a transnational administrative act issued by another Member State. In addition, the paper also includes a debate about the new concept of such defence in European Union legislation. In preparing this paper, the basic methods of scientific research were used, consisting in the analysis of the current legal regulation of transnational administrative acts in European Union law, the synthesis of common features and groups of possible means of defence, and subsequently the description of possible proposals de lege ferenda for better legislation. The author concludes that in the current legislation there are several different ways of defence of a Member State against the effects of transnational administrative acts and also formulates his proposals for the unification of possible procedural defence.
Key-words:Transnational administrative act, transnationality, European Union, mutual recognition.
JEL Classification: K23, K33



Articol 4 - International agreements of the European Union and acquis of the Union

Rezumat

The article deals with the impact of the EU acquis on the international relations between states taking into account the sustainability of integration processes within European Union. The methods of comparative analysis, historical and legal research, systematical approach are widely applied through the scientific study. The authors underline that the expansion of EU primary and secondary legislation into third countries' legal orders is most often achieved as a result of the conclusion of international agreements whose provisions reproduce the prescriptions laid down in the treaties establishing the European Union and in acts adopted by institutions of the EU. Special attention is paid to the association agreements between the EU and Mediterranean countries that envisage a gradual formation of the free trade area and imply that adjacent to the EU will be an area of economic stability, contributing to the development of its integration processes. One of the key results of the study is the statement that cooperation between the European Union and third countries and international organizations is provided due to so-called ‘Europeanization’ of their legislation.
Key-words: international relations, EU acquis, Founding Treaties, European integration, harmonization, association agreement.
JEL Classification: K33



Articol 5 - Constitutionalism and participative democracy on electoral mass-market

Rezumat

In this article, we would concentrate mostly on constitutionalism and participatory democracy, and citizenship as a legal precondition for both. The main objective of this study is to examine the role of citizenship in participative democracy. Either as possible substantial ideological baggage or a package of rights, duties, and privileges? As a full membership in a particular state based on kinship? Or as an 'everyday plebiscite' rooted in full integration and inclusiveness? Specific attention was paid to two target groups of people concerned (non-resident citizens and non-citizen residents) and their realization of the right to vote in the local elections and referendum, as well as, to stand as a candidate to the local legislature in the European Union Member States and Ukraine. A separate part of the article is dedicated to local referendum issues in Ukraine (1991-2018). In the study, we managed to apply a few mixed research methods to obtain specific scientific results (observation, surveys, secondary data analyses, etc.). The present study related to constitutionalism and participatory democracy, their vision, and outcomes should be viewed as a follow-up to the one previously published research in Ukrainian. This article might be used by bachelor and master students of law faculties, practitioners in the field of constitutional and EU law, citizenship, and migration, electoral law.
Key-words: constitutionalism, participative democracy, citizenship, local elections and referendums, right to vote, right to be elected, Ukraine.
JEL Classification:
K10, K16



Articol 6 - A critical legal perspective on the context and content of the right to access to adequate housing in South Africa

Rezumat

The oppressive Apartheid government policy and laws of the past deliberately entrenched inequality, forced segregation and denied the majority of black Africans unfettered right of access to various socio-economic rights, goods and services, particularly housing. However, after the apartheid government was defeated in 1994, the African National Congress (ANC) became the new ruling government in South Africa and in a bid to redress the past injustices, particularly the imbalances in social, socio- and economic amenities where the majority blacks were excluded, the new government enacted the Constitution of the Republic of South Africa, 1996. It provides that all citizens are equal before the law and have the same rights, privileges and benefits for the mere fact of being citizens of the Republic of South Africa. Despite this, it is disheartening that most citizens, particularly the poor, indigent and the vulnerable still do not have access to adequate housing guaranteed in the Constitution. This article highlights poor quality housing delivery by the government as the major barrier to the realisation and fulfilment of access to adequate housing. It accentuates that this barrier is intensified because of the endemic corruption by the executive arm of government that have been bestowed with the responsibility to provide adequate housing for all. As part of the solution, the article examines comparative law and international law on the right to access to adequate housing using salient jurisprudence from the courts’ decisions to clarify and ascertain the content of adequate housing.
Key-words: low quality houses, the poor, corruption, government officials, interventions, the Constitutions, South Africa.
JEL Classification: K14, K33



Articol 7 - Current law on general rights of agricultural land users in Vietnam: reality and issues that need modification

Rezumat

This paper focuses on analyzing and commenting on the content and practice of the current legal provisions on the general rights of land users in Vietnam, including: (i) the right to exploit and enjoy results brought from land, with the State creating maximum favorable conditions for land users realize the benefits from the land; (ii) the right towards adjoining immovable property; (ii) the State’s protection of land use rights. The article shows the good results that have been achieved, the constraints which remain and the shortcomings of the current legal provisions. On that basis, the article puts forth a number of proposals to amend and supplement these legal provisions to expand and further ensure the rights of entities in the exploitation and use of land in Vietnam, in accordance with the market economy.
Key-words: agricultural land, Land Law 2013, land users, agricultural land use rights, Vietnam.
JEL Classification: K25



Articol 8 - Financial crime in economic affairs: case study of the Slovak Republic

Rezumat

This scientific study analyses in broader terms the financial crime in economic relationships. It introduces concrete facts and processes connected with financial crime that represents the global phenomenon of these days and has significant devastating effects on the economy, society and trust in the legal system. The financial crime has various forms that are more and more sophisticated in the digital era. The study contains updated data about the financial crime in Slovakia and identifies factors having impact on the financial crime. The aim of this study is to contribute to the expert discussion on current economic problems and to point out the responsibility in the management of companies. From among the scientific methods of knowledge we have also used the analytical and descriptive method to approach and analyse the legal situation. By comparative method we introduce different views on the legal regulation and the interpretation of examined notions. The contribution of this study for the theory and practice is pointing out on the undesirable social phenomenon with not only national, but also international dimension.
Key-words: business, crime, economic crime, managerial responsibility.
JEL Classification: K14, K22

 

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