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CONFERINŢA INTERNAŢIONALĂ
PERSPECTIVE ALE DREPTULUI AFACERILOR ÎN MILENIUL AL TREILEA
www.businesslawconference.ro

CONFERINTA INTERNATIONALĂ “PROVOCĂRI CONTEMPORANE ÎN DREPTUL ADMINISTRATIV DIN PERSPECTIVĂ INTERDISCIPLINARĂ” www.alpaconference.ro

 

Volumul 14, Numarul 4, Decembrie 2024

Cuprins



Articol 1 - The Urgent Need for Blue Bond Regulation in Indonesia

Rezumat

Indonesia, in collaboration with the UNDP, issued a sovereign blue bond in May 2023, valued at JPY 20.7 billion, to support the UN Sustainable Development Goals (SDGs). This bond, launched on the Japanese capital market, aims to promote sustainable marine ecosystems and the blue economy. This study investigates the need for blue bond regulation in Indonesia, advocating for the enforcement of international commitments and agreements. Using normativeexploratory legal research with statutory and conceptual approaches, the study employs the legal convergence theory. The findings highlight the urgent need to regulate blue bonds in Indonesia and suggest that international treaties on blue bonds can be integrated into Indonesian law without conflicting with the 1945 Constitution. The study recommends the prompt preparation and ratification of a blue bond law through the harmonization of the relevant international agreements. The agreement related to blue bonds in the Indonesian legal system needs to be aligned with national laws and regulations, following the principles and requirements outlined in relevant international agreements. Alternatively, blue bonds issued by international organizations in Indonesia should ensure not only compliance with international standards, but also contribute to national sustainable development, taking into account international law and national interests.
Key-words: blue bond, Indonesia, regulation, urgency.
JEL Classification: K32, K33

DOI: 10.62768/TBJ/2024/14/4/01
CUM SE CITEAZA - Please cite this article as: Endarto, Budi, Taufiqurrahman & Fitra Mardiana, ‘The Urgent Need for Blue Bond Regulation in Indonesia’, Juridical Tribune – Review of Comparative and International Law 14, no. 4 (December 2024): 530-546.



Articol 2 - Inheriting Digital Assets – A Glimpse Into the Future

Rezumat

The valuation of digital assets is one of the most important, and increasingly unavoidable issues in contemporary private law. Most of the digitalisation challenges, questions, and problems that have arisen in all areas of private law cannot be addressed or solved entirely without properly positioning the adjudication on digital assets. In this paper, we aim to outline the main questions in the field of private law, for which it is essential to establish an appropriate doctrinal basis for the emergence of digital assets. Handling such assets is a preliminary issue in determining the possible solutions for the latest problems in private law subfields. We review the main findings of recent research in contemporary private law on digital assets, then summarise and synthesise them to form our conclusions. Although the study mainly focuses on European trends, regulatory models and judicial practices of other countries are also examined.
Key-words: digital asset, crypto asset, NFT, digital asset regulation, digital inheritance, digital will.

JEL Classification: K11, K15

DOI: 10.62768/TBJ/2024/14/4/02
CUM SE CITEAZA - Please cite this article as: Juhász, Ágnes, ‘Inheriting Digital Assets – A Glimpse Into the Future’, Juridical Tribune – Review of Comparative and International Law 14, no. 4 (December 2024): 547-563.



Articol 3 - Integrity and Transparency in the Work of Public Authorities. Aspects of Comparative Public Law

Rezumat

Nowadays, there are changes in citizens' perception of public sector activity. In this respect, a new paradigm seems to be emerging in public life, namely that the work of people serving the state apparatus is assessed through a threefold perspective, based on interdisciplinarity: legality-ethics-morality. The scope of the study is to analyze transparency in public administration, starting from Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents. The study aims to document the issue of transparency in the work of state activity, using the lens of several authorities such as the French High Authority for Transparency in Public Life, the National Transparency Authority of Greece, the Commissioner for Standards in Public Life of Malta and the Chief Official Ethics Commission of Lithuania. The main findings highlight that states have been concerned to establish an institution, whatever its name, with a role in ensuring transparency in public administration and fighting corruption. The composition of the work proposes a structure consisting of two main directions, national law and international law, and by means of research methods specific to law, it will highlight the idea that access to information is a human right, enshrined in law. The research contributes to the understanding of the topic from a comparative law perspective, by being aware on how legislators in different legal systems approach integrity and transparency in public administration. The analysis shows that lack of transparency can lead to maladministration. The results underline that states have put in place mechanisms to increase trust in state authorities by means of legislation and specially created authorities.
Key-words: transparency, integrity, public authority, National Integrity Agency, the European Code of Good Administrative Behaviour.
JEL Classification: K10, K23

DOI: 10.62768/TBJ/2024/14/4/03
CUM SE CITEAZA - Please cite this article as: Ștefan, Elena Emilia, ‘Integrity and Transparency in the Work of Public Authorities. Aspects of Comparative Public Law’, Juridical Tribune – Review of Comparative and International Law 14, no. 4 (December 2024): 564-583.



Articol 4 - Fundamental Rights Within the European Arrest Warrant

Rezumat

The mechanism of the surrender of wanted persons on the territory of the Europen Union experienced a natural evolution over time with the construction of European integration and the development of the area of freedom, security and justice. Starting from the traditional difficult extradition procedures in which the political factor was decisive, it was now established a judicial procedure under the jurisdiction of independent and impartial courts, in which only legal criteria are intended to be applicable, with the total exclusion of political decision-makers. Given that the European Arrest Warrant (EAW) is based on mutual trust between the judicial authorities of the member states, it works in the vast majority of cases. However, the principle of mutual trust between member states is not an absolute one and has encountered some limitations, allowing the refusal to execute the European arrest warrant in certain situations, in which the concrete violation of the right to a fair trial or the suffering of degrading and inhumane treatments would be found.
Key-words: European arrest warrant, human rights, fair trial, conditions of detention.
JEL Classification: K14, K38

DOI: 10.62768/TBJ/2024/14/4/04
CUM SE CITEAZA - Please cite this article as: Ghigheci, Cristinel, Vlad Neagoe, Roxana Matefi & Diana Geanina Ionaș ‘Fundamental Rights Within the European Arrest Warrant’, Juridical Tribune – Review of Comparative and International Law 14, no. 4 (December 2024): 584-603.



Articol 5 - Extraterritorial Effects of Administrative Paacts in the Slovak Republic with Application to the International Driving Licence

Rezumat

This article deals with two different features of administrative acts. Specifically, these are extraterritorial effects and nullity. This combination of properties of administrative acts is specific but not rare. In the European legal area, but also outside it, this situation occurs regularly between Member States/non-Member States. It is a common but undesirable phenomenon. In the article, the authors point out the essence of both characteristics, the shortcomings in the legal order of the Slovak Republic and demonstrate the knowledge of legal science on a specific administrative act – the international driving licence. The article mainly uses scientific methods of analysis and description. The aim of the article is the analysis of the legal institutions of nullity and extraterritoriality and their interconnection. It points out the necessity of the existence of legal regulation of nullity.
Key-words: nullity, extraterritorial effects, administrative act, international driving licence.
JEL Classification:
K23, K33

DOI: 10.62768/TBJ/2024/14/4/05
CUM SE CITEAZA - Please cite this article as: Seman, Tibor & Miroslava Francová, ‘Extraterritorial Effects of Administrative Paacts in the Slovak Republic with Application to the International Driving Licence’, Juridical Tribune – Review of Comparative and International Law 14, no. 4 (December 2024): 604-619.



Articol 6 - European Union Legal Framework of State Aid in Cultural Tourism and the Use of Notified Aid by Member States

Rezumat

This article explores the legal framework of state aid in the European Union, focusing on aid for cultural tourism. Grounded in Article 107 of the Treaty on the Functioning of the European Union, which generally prohibits state aid to prevent market distortions, the study highlights the exceptions for cultural, heritage support and audiovisual works. Employing a comprehensive analysis of notified state aid measures from 2010 to September 2024, it examines usage trends among EU member states, noting significant shifts in response to regulatory changes, such as the 2014 General Block Exemption Regulation, and the COVID-19 pandemic. The findings indicate that France and Spain are major users of notified aid, while Luxembourg and Portugal did not utilize such aid. A decline in notified measures between 2013 and 2015, followed by a rise during the pandemic years and a subsequent decrease, is observed. The study emphasizes that while the frequency of notified aid measures is analysed, the financial volume of these aids is not covered, which could further elucidate the scale of support provided.
Key-words: cultural tourism, investment incentives, state aid, undertakings.
JEL Classification:
K21

DOI: 10.62768/TBJ/2024/14/4/06
CUM SE CITEAZA - Please cite this article as: Malatinec, Tomáš, ‘European Union Legal Framework of State Aid in Cultural Tourism and the Use of Notified Aid by Member States’, Juridical Tribune – Review of Comparative and International Law 14, no. 4 (December 2024): 620-635.



Articol 7 - Individual Responsibility for the Actions of Legal Entities in Bosnia and Herzegovina and Latvia

Rezumat

Legal entities, according to contemporary legal theory, have general legal and business capacity, just like natural persons. Consequently, legal entities are subject to both criminal and civil liability, whether contractual or tortious in nature. However, it cannot be overlooked that certain actions or omissions of required actions on behalf of and for the account of legal entities are always carried out by natural persons, and they too must be held accountable. The aim of the authors in this paper is to define the circle of responsible persons who perform legal actions on behalf of and for the account of legal entities, as well as to examine the nature and legal regime of their liability. Specifically, the paper seeks to answer the question of how the criminal liability of natural persons for the actions and omissions of legal entities is manifested, and how the issue of civil liability is regulated. In doing so, the authors will also use a comparative legal method, comparing two legal systems: the Latvian legal system, as a member state of the European Union, and Bosnia and Herzegovina, or its entities, the Republic of Srpska and the Federation of Bosnia and Herzegovina, which have candidate status for EU membership.
Key-words: responsibility, legal entities, Bosnia and Herzegovina, Latvia.
JEL Classification:
K10, K14, K22

DOI: 10.62768/TBJ/2024/14/4/07
CUM SE CITEAZA - Please cite this article as: Vasiljevic, Zoran, Dragana Vasiljevic & Anatolijs Krivins, ‘Individual Responsibility for the Actions of Legal Entities in Bosnia and Herzegovina and Latvia’, Juridical Tribune – Review of Comparative and International Law 14, no. 4 (December 2024): 636-651.



Articol 8 - Constitutional Court Decisions as a Network of Precedents? A Network Theory-Based Analysis of the Jurisprudence of the Constitutional Court of Hungary

Rezumat

Citation networks reveal the flow of knowledge among documents and the interaction between topics. Under undisturbed conditions eg., in case of scientific publications, the information flux results from free association and from searching for contextual references. In such systems, the branching of topics over time leads to a wide horizon of knowledge. As the widening progresses, it becomes harder and harder to ensure the consistency and to avoid contradictions. Here, we present a case study and a model for a citation network, between the legal decisions of the Constitutional Court of Hungary, where an external effect introduces a bottleneck in the network topology of information passing. We show that the effect of the bottleneck is only temporary, and after a transition, the knowledge flow revives. On the other hand, we show that referring to earlier knowledge becomes indirect after the bottleneck.
Key-words: network dynamics, judiciary network, decisions of Constitutional Court of Hungary, citation network.
JEL Classification: K10, K19

DOI: 10.62768/TBJ/2024/14/4/08
CUM SE CITEAZA - Please cite this article as: Auer, Ádám, Gábor Németh, Endre Orbán & Péter Pollner, ‘Constitutional Court Decisions as a Network of Precedents? A Network Theory-Based Analysis of the Jurisprudence of the Constitutional Court of Hungary’, Juridical Tribune – Review of Comparative and International Law 14, no. 4 (December 2024): 652-669.

 

Articol 9 - The Interplay of Sustainability, Constitutionalism and Legitimacy: Examining the “Political Ecotopia” as a manifestation of Social Sustainability and a Pillar of Constitutionalism

Rezumat

The three main pillars of sustainability are environment, economy, and society. Society, as a component of sustainability, represents a category that is particularly difficult to explain and analyze. This category encompasses a range of values, ideas, and concepts that are widely accepted and desired. Among these, the concepts of constitutionalism and legitimacy are key legal and political constructs that underpin social sustainability. Conversely, legitimacy is a crucial element that ensures the sustainability of constitutionalism. This paper will explore several key questions: Is legitimacy a conditio sine qua non for constitutionalism? Is legitimacy a dynamic and sustainable category? Does legitimacy embody a value that is inherently desirable and beneficial? The study will further examine whether maintaining legitimacy incurs costs and if it is necessary to invest in sustaining this dynamic category. Finally, the paper will discuss whether the idea of legitimacy, as a sustainable resource for constitutionalism, is a necessity or merely a political "ecotopia."
Key-words: social sustainability, constitutionalism, legitimacy, sustainability, the right to rule, limited government, political system.
JEL Classification:
K10

DOI: 10.62768/TBJ/2024/14/4/09
CUM SE CITEAZA - Please cite this article as: Treneska-Deskoska, Renata & Jelena Trajkovska-Hristovska, ‘The Interplay of Sustainability, Constitutionalism and Legitimacy: Examining the “Political Ecotopia” as a manifestation of Social Sustainability and a Pillar of Constitutionalism’, Juridical Tribune – Review of Comparative and International Law 14, no. 4 (December 2024): 670-687.



 

Articol 10 - The Legal Status of the Republic of China (Taiwan) and Its Reflection in International Administrative Law

Rezumat

The Republic of China (Taiwan) controls a compact territory, with inhabitants settled there possessing Taiwanese citizenship. At the same time, it established its own legal framework and enforces this framework by its own judicial and administrative structures. The fact is, however, that only eleven member states of the United Nations and the Holy See maintain full diplomatic relations with Taiwan as a sovereign state. The problem, as discussed very recently in international private law, arises in those states which maintain no diplomatic relations with it. This discussion also has relevance for the field of administrative law. Taiwan maintains its own administration, applying its own law vis-á-vis its own citizens. Consequently, the question arises whether the laws of this nation’s administrative laws have any effect in those states which do not maintain diplomatic relations. In this respect, this article argues for a ‘special status’ for the law of Taiwan in their relations with international administrative law. In strict contrast to other non-recognised entities, Taiwan neither exists in a kind of “legal limbo”, nor under an international boycott. Despite the absence of diplomatic recognition, the presence of cooperation and trust vis-á-vis the Taiwanese administration allows the application of its laws in certain specific cases. At the same time, however, the quasi-independent status of this entity also implies certain restrictions concerning the status of Taiwanese citizens.
Key-words: Republic of China (Taiwan); quasi-independent states; application of foreign law, recognition of foreign administrative acts; international administrative law.
JEL Classification:
K23, K32

DOI: 10.62768/TBJ/2024/14/4/10
CUM SE CITEAZA - Please cite this article as: Handrlica, Jakub & Luisa Blahová, ‘The Legal Status of the Republic of China (Taiwan) and Its Reflection in International Administrative Law’, Juridical Tribune – Review of Comparative and International Law 14, no. 4 (December 2024): 688-705.



 

Articol 11 - Breaking Barriers: The Evolving Landscape of Gender Equality and Anti-Discrimination in Sustainable Development

Rezumat

This article explores the crucial role of gender equality and anti-discrimination efforts in achieving the Sustainable Development Goals (SDGs), focusing particularly on Goal 5 of the UN's 2030 Agenda. Employing a mixed-methods approach, the study integrates quantitative and qualitative analyses, reviewing strategic documents, statistical data, and case studies. It highlights the significant impact of gender-based violence, economic disparities, and social inequalities on sustainable development. The paper examines key international frameworks, such as the Istanbul Convention and the EU's gender policies, and their implications for Ukraine. It discusses the progress and challenges Ukraine faces in promoting gender equality amidst the ongoing war and its socio-economic impacts. The article concludes with recommendations for enhancing policy implementation, fostering international cooperation, and addressing the socio-economic impacts on gender equality. This comprehensive analysis aims to contribute to the global discourse on achieving gender equality as a cornerstone of sustainable development.
Key-words: gender equality, ant-discrimination, sustainable development goals (SDG), gender-based violence.
JEL Classification:
K33

DOI: 10.62768/TBJ/2024/14/4/11
CUM SE CITEAZA - Please cite this article as: Karvatska, Svitlana, Ivan Toronchuk, Tetyana Gnatuyk, Maryna Ilika, Ruslan Ivanuik, ‘Breaking Barriers: The Evolving Landscape of Gender Equality and Anti-Discrimination in Sustainable Development’, Juridical Tribune – Review of Comparative and International Law 14, no. 4 (December 2024): 706-720.



 

Articol 12 - Assessing the Security of Privacy Rights and Data Protection in Albania: A Critical Analysis Within the European Legal Framework

Rezumat

This paper adopts an analytical approach to the regulation of the right to privacy within the normative foundations of the European Union’s General Data Protection Regulation (GDPR), offering a comparative perspective with the Albanian legal framework. The paper elucidates the reasons that led to the enforcement of the GDPR and delves into the challenges arising in the field of data protection due to technological advancements. The comprehension of the GDPR approach will serve as a benchmark for comparing the progress of the implementation of data protection in Albania. This discussion will underscore the ongoing process of legislation harmonization with the EU 'Acquis communautaire', aiming to pinpoint potential disparities between the General Data Protection Regulation (GDPR) and the Albanian Law on Data Protection. The paper will scrutinize various data protection breaches occurring from 2021 to 2022 in Albania, events that cast doubt on the legal framework concerning the right to privacy and its practical implementation. These instances of data breaches illuminate the challenges within the legal framework and its execution, underscoring the vulnerability of the state in the face of technological advancements. This emphasizes the imperative for proactive measures to enhance the protection of personal data and the right to privacy.
Key-words: the right to privacy, GDPR, data protection, European Union, Albania.
JEL Classification:
K38

DOI: 10.62768/TBJ/2024/14/4/12
CUM SE CITEAZA - Please cite this article as: Miço (Bellani), Heliona & Egla Leci, ‘Assessing the Security of Privacy Rights and Data Protection in Albania: A Critical Analysis Within the European Legal Framework’, Juridical Tribune – Review of Comparative and International Law 14, no. 4 (December 2024): 721- 748.



 

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