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Volume 11, Issue 2, June 2021

Contents



Article 1 - A few remarks on the (im)perfection of the term securities: a theoretical study

Abstract

This theoretical study is primarily anchored in the area of economic theory, legal theory and law. It seeks a multidisciplinary and comparative examination of issues, the concept and regulation of which remains largely unfinished in the international economic, legal environment and in the decades of professional and laconic debates. Not only in economic terms, there are numbers of unanswered questions in the long term, not only in economic practice. However, as the concept of a security is a matter of non-economic interest as well as legal theorists, the answers to the lack of clarity and difficulties are quite difficult to find. The aim of the study is to contribute to the correct economic and theoretical definition of a key concept in the field of securities. The setting of this objective is based directly on needs and emerging practical problems in business practice. Indeed, their proper understanding and application has a fundamental impact on the contractual trading of securities in global terms. In connection with the processing of the matter, we have applied primarily qualitative methods, having regard to the nature of the subject of the matter under examination (methodological and economic terms). However, we also make use of scientific literature, case-law and the analogy of law, providing our contribution with qualifying responses to the pitfalls of economic and legal practices.
Key-words: economic theory; law order, legal theory; securities.
JEL Classification: K10, K22, M21
DOI: 10.24818/TBJ/2021/11/2.01



Article 2 - Constitutional aspects of the current reform of the selecting constitutional judges in the Slovak Republic and the comparative perspectives in Europe

Abstract

This document concerns the issue of constitutional reform of the Slovak constitutional judiciary in 2021, which resulted in major changes of the composition, establishment, and powers of the Constitutional Court of the SR. While discussing the constitutional reform of the Constitutional Court, the author first of all points to the evolution of the selection of constitutional judges. This document summarizes new and precised criteria for the selection of constitutional judges and details how, according to constitutional requirements, competing candidates have to be assessed subsequently, provides an overview of the election procedure of the candidates for constitutional judges in parliament. The imminent part of this document is the comparative analysis of the issue of the constitutional judiciary, with special regard to the selection of constitutional judges in selected member states of the European Union, the synthesis of common features and subsequently the description of the proposal de constitutione ferenda. All of these used methods of scientific research led the author to formulate final conclusion whether the actual constitutional reform is able to fulfill its aim, which is to prevent the political power from interferenting with the independence and effective functioning of the constitutional judiciary.
Key-words: Constitutional judiciary, the Constitutional Court of the Slovak republic, constitutional reform, the model of selection the judges of Constitutional Court in Europe, independency of judicial power

JEL Classification:K19, K40
DOI: 10.24818/TBJ/2021/11/2.02



Article 3 - Approach towards the right to be forgotten under Turkish law in comparison with EU and US laws: a need for a reform?

Abstract

This study firstly analyses the general approaches of EU and US laws to the right to be forgotten. Then, basing on the right to be forgotten, a variety of dimensions from comparative law, court practice, doctrinal views and different legal sub-branches are considered from the aspect of Turkish law. Although there is no specific provision on the right to be forgotten in Turkish law, the right has been subject to doctrinal discussions from different perspectives. It is also referred to in court judgments, specifically when an individual wishes to erase certain news, data, etc. from the digital and/or non-digital archive so they can make a fresh start to a new life. Granting that person the right to be forgotten is in terms of protecting personality rights and privacy while acknowledging that these interests may compete with rights to press freedom and freedom of expression. After scrutinising the doctrinal view and court judgments, this study concludes that considering Turkish law, certain provisions should be enacted on the right to be forgotten to ensure uniform interpretation and clarify the definition and conditions of application.
Key-words: right to be forgotten; right to erasure; protection of personal data; freedom of expression and press; freedom of protection of personality rights and reputation.
JEL Classification: K10, K33, K36, K38.
DOI: 10.24818/TBJ/2021/11/2.03



Article 4 - Promoting EU values in international agreements

Abstract

Within the framework of external relations policy as a subject of international law, the European Union has the right to negotiate, conclude, amend and terminate international agreements on its own behalf, i.e., it has competences granted on it in this area by the Treaties. International agreements concluded at European level are results of an agreement between parties and belong to the sources of European Union Law. Current practice in concluding international agreements at the level of the European Union proves that trade and investment agreements contain provisions concerning civil society, labor relations and environment. The scientific study opens a discussion on a new model of international agreements which, in addition to trade relations, contain provisions on the social status of employees of the parties and on sustainable development. This new model of international treaties is supported by all Member States. The systems analysis shows that the European Union no longer acts as an economic-integration grouping towards third countries, but as an international organization that takes into account high level of environmental protection and the protection of employees' industrial relations.
Key-words: EU values, International Agreements, globalization, internationalization.
JEL Classification: K10, K12, K33.
DOI: 10.24818/TBJ/2021/11/2.04



Article 5 - A comparative assessment of the agency concept, with special regard to the Romanian approach

Abstract

The concept of agency was developed and refined in the common law system and, thereafter, imported in the continental civil law system where was confronted with the classic institution of the mandate, based on the representation principle. The modern context of the commerce globalisation and the need to assimilate legal instruments that are often used in the international trade, determined the global and European lawmakers to seek a proper harmonised regulation for the agency contract. Romania produced a first regulation of agency through Law 509/2002 regarding the permanent commercial agents and, thereafter, continued the process through the incorporation of the subject in the Civil Code. This paper examines the conformity of the European and Romanian regulations regarding the agency with the initial concept that, purportedly, inspired the afore said lawmakers.
Key-words:agency, authority, mandate, representation.
JEL Classification:
K12, K15.
DOI: 10.24818/TBJ/2021/11/2.05



Article 6 - Competition issues including in the international agreements of the Eropean Union

Abstract

The scientific thesis aims at theoretical definition and analysis of provisions on competition policy in selected international agreements, which affects the development of fair international business. Fair competition works effectively if entrepreneurs at the market can make their business decisions independently, while there has to be a legal framework applicable to protect the rights of competitors. At the international level there are several legal instruments applicable, which have a positive effect on fair competition among competitors in the market. International agreements concluded at the level of the European Union with non-member countries contain provisions on healthy competition. Our intention is to identify those international agreements containing competition provisions that affect the behavior of entrepreneurs operating in international markets and obliged to respect competition rules, as they aim to achieve economic benefits. The European Union is undoubtedly involved in the process of global competition protection.
Key-words:competition policy, internal market, agreement, legal act, globalization.
JEL Classification: F15, F42, K21.
DOI: 10.24818/TBJ/2021/11/2.06



Article 7 - Reflections on actual situation of collective bargaining for the public servants and public services in Romania and in Europe. A theoretical and practical approach

Abstract

Collective bargaining, as a component part of the social dialogue, which is the main way of achieving social peace, is possible both for the private system and for the public services and the budgetary system. The legal situation of employees in the private system, but also that of workers in the budget system and public services can be improved by concluding collective labor agreements. If in the private system, the negotiation agenda is very rich, in the public system, it has particularities depending on each state. In the present study, the author will analyze the legal regime of collective bargaining for the public services, including also the public servants, starting from the relevant legal provisions, both in Romania and in other European countries. The analysis will reveal aspects related to the evolution of the institution of collective bargaining and their relevance in improving the service relations of civil servants and other employees in the public services system.
Key-words: collective bargaining, public servants, public services, Europe, legal framework.
JEL Classification: K23, K31.
DOI: 10.24818/TBJ/2021/11/2.07



Article 8 - The OECD Model Tax Convention and its commentaries as a source of interpretation of double taxation treaties in Ukraine

Abstract

Interpretation of double taxation treaties is of utmost importance for application of their norms according to the criteria of good faith in compliance with the provisions of the Vienna Convention on the Law of Treaties. At the same time, there is no consensus in understanding the role of the OECD MC and its Commentaries as means of interpretation of double taxation treaties. As it is demonstrated on the basis of the development of court practice in Ukraine, the present situation does not add certainty to implementation of double taxation treaties and might even have the negative effect on investment climate in a state of source of income. The article does also contain the ways of improvement of application of the OECD MC and its Commentaries during the implementation of double taxation treaties of Ukraine including (1) preparation of the letter on issue of application of the OECD MC and its Commentaries as a source of interpretation of double taxation treaties by the Supreme Court of Ukraine, (2) granting of the technical assistance to tax authorities of Ukraine in the area of application of double taxation treaties in accordance with the international standards such as the OECD MC and its Commentaries and (3) translation of the OECD MC and its Commentaries into Ukrainian language.
Key-words: court interpretation, double taxation treaties, domestic implementation, model acts..
JEL Classification: K33, K34.
DOI: 10.24818/TBJ/2021/11/2.08

 

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