Revista editata de:
Editura ASE
Departamentul de Drept al Academiei de Studii Economice din Bucuresti

Si


Societatea de Științe Juridice și Administrative



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


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3 numere / an

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CONFERINŢA INTERNAŢIONALĂ
PERSPECTIVE ALE DREPTULUI AFACERILOR ÎN MILENIUL AL TREILEA
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CONFERINTA INTERNATIONALĂ “PROVOCĂRI CONTEMPORANE ÎN DREPTUL ADMINISTRATIV DIN PERSPECTIVĂ INTERDISCIPLINARĂ” www.alpaconference.ro
Editura ASE
www.editura.ase.ro

JURIDICE.ro
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abonamente
 

Volumul 12, Numarul 1, Martie 2022

Cuprins



Articol 1 - Administrative judiciary is looking for a balance in a crisis

Rezumat

The article focuses on actual challenges of administrative justice in the Slovak Republic and Poland. The legal crisis and the crisis in law in both countries have common signs and necessarily differences. The authors analyze selected problems of administrative justice, which are connected by the current state of society marked by the crisis. In the part dedicated to the Slovak Republic and Poland, emphasis is placed on the crisis associated with changes in the judicial system and - additionally - in Poland it is the crisis associated with changes in the law caused by the COVID-19 pandemic. Due to the nature of the researched topic, we have applied analysis, synthesis as well as comparison of legal regulations in the processing of this issue. However, in addition to the mentioned scientific methods of research, we also used scientific literature, case law and analogy of the law. The article can be beneficial by researching the development of problems associated with administrative justice in states with a similar historical development of society.
Key-words: administrative courts, Supreme Administrative Court, court map, selection of judges, judicial self – government, the crisis of administrative justice.
JEL Classification: K23, K33, K38
DOI: 10.24818/TBJ/2022/12/1.01



Articol 2 - New generation of investment agreements in the regime of the European Union

Rezumat

The judgment of the Court of Justice of the European Union as of 6 March 2018 in Case C-284/16 changed the system and coordination of investment relations of the Member States of the European Union. The judgment set a fundamental precedent that changed the system of international investment law and placed the investment arbitration, conducted due to bilateral investment agreements between the EU and the Member States. The aim of the scientific study is to point to the new generation of the EU investment agreements which, in accordance with their importance, will influence the development of international investment relations between EU Member States and non-member countries of the world. The study was elaborated on the analysis of the rules of legal logic, systematics, accuracy and the generalization of conclusions. The analysis and interpretation of obtained results have proved that the traditional system of international investment agreements is being changed. A new model is emerging in the regime of investment agreement of the European Union.
Key-words: agreement, investments, common trade policy, international law, protection of investments.

JEL Classification: K12, K22, K33
DOI: 10.24818/TBJ/2022/12/1.02



Articol 3 - E-commerce and its limits in the context of the consumer protection: the case of the Slovak Republic

Rezumat

The COVID-19 pandemic and lockdowns resulted in an unusual increase in electronic commerce not only in the conditions of the Slovak Republic. This fact also causes many unanswered questions in business practice, which bother entrepreneurs in e-commerce, especially in the context of consumer protection. The main goal of the article is to examine the current possibilities of electronic commerce in the conditions of the Slovak Republic and especially its limits in the context of consumer protection as a weaker part. Determining the goal of a scientific studye conceived in this way responds to the current practical problems in the business practice. Due to the nature of the researched topic, we have applied analysis, synthesis as well as comparison of legal regulations in the processing of this issue. However, in addition to the mentioned scientific methods of research, we also used scientific literature, case law and analogy of the law. In our scientific article, we strive for qualified answers to the needs of business practice. In conclusion, we critically point out the application problems we have identified and we proposed legislation.
Key-words: business, consumer, e-commerce, limits, protection.
JEL Classification: K12, K15, K22
DOI: 10.24818/TBJ/2022/12/1.03



Articol 4 - The EU scheme for the state aid rules in the air transport sector during the Covid-19 crisis

Rezumat

Paper provides for a systematic overview of the EU scheme for the State aid rules applicable to the air transport sector during Covid-19 crisis. The COVID-19 outbreak is having a major impact on European air transport sector. In order to help air transport undertakings in Europe to overcome the financial troubles, to preserve jobs, to secure supply of essential food, medicals or other items, etc., the EU Commission adopted set of legislative measures enabling the EU Commission and Member States to authorise hundreds of State aid measures, not only to air transport sector, but also to other economic sectors, which were mostly affected by the pandemic. Since in normal circumstances member states State aid to national undertakings are subject to extremely stringent EU competition law regime, the intention of this paper is, firstly, to analyse to what extent and under what conditions that has changed during pandemic. Secondly, the intention of the paper is to explore to what extent and for what purposes different Member States granted State aid to their airline industries with special respect to the French, Austrian, Swedish and Croatian State aid policy. Lastly, the authors will raise question whether massive capital injection to air transport companies being made only by certain, wealthier, member states are going, in long term, to cause negative impacts on the competition in the air transport sector in the internal market.
Key-words: State aid, Covid-19, temporary framework, competition law, air transport sector.
JEL Classification: K19, K21, K23.
DOI: 10.24818/TBJ/2022/12/1.04



Articol 5 - The need for a harmonious interpretation of the rules applicable to international contracts

Rezumat

International trade, as of result of globalization and the consequent exponential growth in the operations volume, has brought a movement of reflection on the disciplinary rules of international trade relations. In this context and considering the significant divergences between the legal regimes of the different States, the instruments of standardization and harmonization of the international contracts’ disciplinary rules assume special importance. Notwithstanding the existence of normative instruments that guide the formation and execution of the signed agreements, it is imperative that the hermeneutic activity of such texts is also harmonious, under penalty of distorting the purpose for which they were conceived. Through the analytical method, we will approach the unifying rules and principles of the process of interpreting contracts in the international scenario. Initially, we will present the principle that guides the entire process of interpreting international contracts, pointing out the fundamental principles in conducting the interpreter's activity. We will also note the importance of usages and customs in the interpretive process. Finally, we will analyze the rules on the interpretation of contracts and unilateral declarations of the parties contained in the Vienna Convention on the International Sale of Goods 1980, CISG, and in the UNIDROIT Principles applicable to international commercial contracts, version 2016.
Key-words: international trade; harmonizing; standardization; interpretation; CISG; UNIDROIT Principles.
JEL Classification:
K12.
DOI: 10.24818/TBJ/2022/12/1.05



Articol 6 - International law and nationalism as two essentially related concepts

Rezumat

The principal aim of the present essay is to explore the relationship between international law and nationalism, whilst arguing that both concepts cannot be viewed as two separate and self-contained realities, but should rather be considered in light of their mutual interaction. The external actions of a nation are reflected internally. Similarly, its internal actions have external repercussions. In this work, such consequences are examined in a nation-state with an authoritarian structure as opposed to those found in a democratic nation-state. Additionally, the concept of nationalism is studied in its variant forms in both these contexts, leading to the premise that an aggressive and expansionist nation-state is unlikely to be guided by a constitution that places a high value on democracy and freedom. A nation which does not respect the liberties of its own nationals will undoubtedly disrespect other States and their nationals, and vice-versa. This begs the question: should international law be irresponsive and neutral in these cases?
Key-words: international law, nationalism, democracy, justice, sovereignty.
JEL Classification: K33.
DOI: 10.24818/TBJ/2022/12/1.06



Articol 7 - The principle of mutual recognition: from the internal market to the European area of freedom, security and justice

Rezumat

The principle of mutual recognition represents one of the brilliant creations of the Court of Justice of the European Union, which has significantly contributed to the achievement of the free movement of goods, in the absence of the approximation of national laws, and which is impressive even today by its depth and vocation to extend to new fields of European integration. Mutual recognition is one of the efficient solutions in order to have unity in diversity and also common objectives to reach. We find the principle of mutual recognition in the sphere of the fundamental freedoms of the internal market and in very different domains of the internal market too. Judicial cooperation in civil and criminal matters uses this principle in order to ensure the free movement of judgements and the effectiveness of criminal proceedings. The application of the principle in very different fields has illustrated its utility, as well as the particularities of each area. By observing these particularities, we can better understand the European integration specificity in various fields and its challenges. Our research is descriptive, explanatory and comparative, being accompanied by the relevant case law of the Court of Justice of the European Union.
Key-words: principle of mutual recognition, internal market, judicial cooperation, European arrest warrant, approximation of laws.
JEL Classification: K29
DOI: 10.24818/TBJ/2022/12/1.07



Articol 8 - Reconstructing the global human rights order in pursuit of a binding business human rights treaty in the era of decolonisation

Rezumat

The current global human rights order, eminently propagated in international legal instruments and statements, is to a great extent state-centric in character, bestowing obligations on states, whilst largely ignoring the conduct of non-state actors in the form of transnational corporations (TNCs) and trade governance institutions whose record of human rights adherence is scarcely convincing. This inability to aptly govern the conduct of transnational entities, even when it is evident that their power now eclipses that of states, raises the concern that the extant human rights regime is a neoliberal construct advancing market fundamentalism and widening the economic disparities between developed and developing countries. This article unsettles the doctrinal foundations underlying state centrism in international human rights law, arguing that such a version of human rights is exposing developing countries to neoliberal oligarchs, and market deficiencies, which if not reformed, may entrench underdevelopment. It calls for a decolonised human rights regime which impose human rights obligations on the conduct of transnational entities in pursuit of human dignity, equality and freedom.
Key-words: State-centrism, decolonisation, human rights regime, inequality, neoliberalism, historiography.
JEL Classification: K33, K38
DOI: 10.24818/TBJ/2022/12/1.08

 

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