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Volume 20 (2020): Issue 2 (December 2020)

Volume 20 (2020): Issue 1 (June 2020)

Volume 19 (2019): Issue 2 (December 2019)

Volume 19 (2019): Issue 1 (June 2019)

Volume 18 (2018): Issue 2 (December 2018)

Volume 18 (2018): Issue 1 (June 2018)

Volume 17 (2017): Issue 2 (December 2017)

Volume 17 (2017): Issue 1 (June 2017)

Volume 16 (2016): Issue 2 (December 2016)

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Volume 14 (2014): Issue 2 (December 2014)

Volume 14 (2014): Issue 1 (June 2014)

Volume 13 (2013): Issue 2 (December 2013)

Volume 13 (2013): Issue 1 (June 2013)

Volume 12 (2012): Issue 2 (December 2012)

Volume 12 (2012): Issue 1 (June 2012)

Volume 11 (2011): Issue 2 (December 2011)

Volume 11 (2011): Issue 1 (June 2011)

Journal Details
Format
Journal
eISSN
2464-6601
First Published
08 Jun 2011
Publication timeframe
2 times per year
Languages
English

Search

Volume 14 (2014): Issue 1 (June 2014)

Journal Details
Format
Journal
eISSN
2464-6601
First Published
08 Jun 2011
Publication timeframe
2 times per year
Languages
English

Search

6 Articles
Open Access

Comments on the Representation of Romania in the European Council and on its Consequences for Democratic Accountability

Published Online: 24 Jan 2018
Page range: 7 - 36

Abstract

Abstract

The article approaches issues concerning the representation of Romania in the European Council, question that has received significant attention in recent years. Several decisions handed down by the Constitutional Court of Romania were meant to clear up to a certain degree the division of roles between the President of Romania and the Prime Minister in representation in the European Council meetings, while other matters are still waiting for a clearer answer. These developments occurred with parliamentary debates on what is today the Act no 373 of 18 December 2013 on cooperation between the Parliament and the Government in the field of European affairs. The article aims to asses this case-law of the Constitutional Court in the broader framework of EU affairs.

Keywords

  • EU affairs
  • Constitution of Romania
  • Constitutional Court of Romania
  • Act on cooperation in European affairs
  • European Council
  • President of Romania
  • Prime Minister
  • Parliament
Open Access

The Algorithm of the Margin of Appreciation Doctrine in Light of the Protocol No. 15 Amending the European Convention on Human Rights

Published Online: 24 Jan 2018
Page range: 37 - 53

Abstract

Abstract

European Court of Human Rights applies the margin of appreciation doctrine in order to determine the level of its self-restraint and the latitude of free discretion of states when implementing their Convention obligations. The rationale behind this doctrine is that in certain cases, domestic bodies are in a better position than international judges to provide adequate protection to human rights. In this regard, they should be afforded a margin of appreciation. The Court subsequently only reviews, if the interferences contested by an individual fall within this margin or not. This doctrine was a subject of overwhelming critique because the European Court of Human Rights did not apply it transparently and consistently. Therefore the main goal of this article is to normatively construe an algorithm which could be taken into account by the European Court of Human Rights when applying the doctrine in order to prevent the mentioned critique.

Keywords

  • Margin of appreciation
  • European Convention on Human Rights
  • European Court of Human Rights
  • Subsidiarity
  • Proportionality
Open Access

United States Financial Institution Resolution System as a Possible Inspiration for the European Union

Published Online: 24 Jan 2018
Page range: 55 - 67

Abstract

Abstract

In the current time there are many initiatives that are aimed to protect financial institution clients in the European Union. Current economic and financial crisis has shown that there is a need for common approach in this area. Some proposals have been passed. But there are still some in the bill stage and the deposit guarantee schema is one of them. The aim of the article is therefore to describe briefly and assess the proposed European model. The article also contains comparison with the operating United States model due to the inspiration possibility.

Keywords

  • Deposit Guarantee Schema
  • European Union
  • Federal Deposit Insurance Corporation
Open Access

Analysis of Taxation and Economic Growth – Insights, Background and Findings

Published Online: 24 Jan 2018
Page range: 69 - 77

Abstract

Abstract

The article considers the question of the influence of taxes on economic growth. It presents the basic theoretical findings needed to comprehend the complexity of the question such as various economic theories on what helps to drive economic growth as well as various economic tax policies approaching the question. The methods of measuring the tax burden are then clarified in order to fully understand the last part of the article which is the presentation of findings of various selected literature reviews and research papers. That is what provides the general understanding of the influence of taxes and types of taxes on economic growth.

Keywords

  • Taxes
  • economic growth
  • tax burden
  • tax quota
Open Access

Public Administration Entities vs. Specific (Untypical) Entities´in Polish Administrative Law System

Published Online: 24 Jan 2018
Page range: 79 - 88

Abstract

Abstract

The political changes in Poland that took place at the end of the 20th century contributed to the establishment of new organizational forms of public administration entities. Their objective was to adapt administration, its operations, and its organizational forms to perform new public tasks in the area of economy. The entities operating within those new organizational forms were in conflict with the traditional notion of public administration entity. The main objective of this article is the analysis of legal status of each specific entities of public administration and to draw attention to their eclectic legal character.

Keywords

  • Polish public administration entities
  • Polish specific public administration entities
  • Polish administrative law system
  • analysis of Polish administrative law
Open Access

Current Amendments Regulating Enforcement of Judgment in Upbringing of Minors in Slovakia

Published Online: 24 Jan 2018
Page range: 89 - 100

Abstract

Abstract

In her article the author deals with the amended provisions of the Code of Civil Procedure, effective as of 1 January 2012, governing the so called personal enforcement (enforcement of judgment in relation to the upbringing of minor children). In addition to the interpretation of the new statutory provisions, some reference is made also to various interpretation problems resulting from the new legal regulation, and some solutions of these problems are offered. Having analysed the more restrictive compulsory measures which may be ordered by the court against any person who has refused to comply voluntarily with the court decision concerning custody or visitation of a minor child or the decision relating to taking away a child, the author concludes that such measures may not always be effective.

Keywords

  • minor child
  • enforcement of judgment in cases of minor children
  • personal execution
  • taking away a child
  • parental visitation rights
6 Articles
Open Access

Comments on the Representation of Romania in the European Council and on its Consequences for Democratic Accountability

Published Online: 24 Jan 2018
Page range: 7 - 36

Abstract

Abstract

The article approaches issues concerning the representation of Romania in the European Council, question that has received significant attention in recent years. Several decisions handed down by the Constitutional Court of Romania were meant to clear up to a certain degree the division of roles between the President of Romania and the Prime Minister in representation in the European Council meetings, while other matters are still waiting for a clearer answer. These developments occurred with parliamentary debates on what is today the Act no 373 of 18 December 2013 on cooperation between the Parliament and the Government in the field of European affairs. The article aims to asses this case-law of the Constitutional Court in the broader framework of EU affairs.

Keywords

  • EU affairs
  • Constitution of Romania
  • Constitutional Court of Romania
  • Act on cooperation in European affairs
  • European Council
  • President of Romania
  • Prime Minister
  • Parliament
Open Access

The Algorithm of the Margin of Appreciation Doctrine in Light of the Protocol No. 15 Amending the European Convention on Human Rights

Published Online: 24 Jan 2018
Page range: 37 - 53

Abstract

Abstract

European Court of Human Rights applies the margin of appreciation doctrine in order to determine the level of its self-restraint and the latitude of free discretion of states when implementing their Convention obligations. The rationale behind this doctrine is that in certain cases, domestic bodies are in a better position than international judges to provide adequate protection to human rights. In this regard, they should be afforded a margin of appreciation. The Court subsequently only reviews, if the interferences contested by an individual fall within this margin or not. This doctrine was a subject of overwhelming critique because the European Court of Human Rights did not apply it transparently and consistently. Therefore the main goal of this article is to normatively construe an algorithm which could be taken into account by the European Court of Human Rights when applying the doctrine in order to prevent the mentioned critique.

Keywords

  • Margin of appreciation
  • European Convention on Human Rights
  • European Court of Human Rights
  • Subsidiarity
  • Proportionality
Open Access

United States Financial Institution Resolution System as a Possible Inspiration for the European Union

Published Online: 24 Jan 2018
Page range: 55 - 67

Abstract

Abstract

In the current time there are many initiatives that are aimed to protect financial institution clients in the European Union. Current economic and financial crisis has shown that there is a need for common approach in this area. Some proposals have been passed. But there are still some in the bill stage and the deposit guarantee schema is one of them. The aim of the article is therefore to describe briefly and assess the proposed European model. The article also contains comparison with the operating United States model due to the inspiration possibility.

Keywords

  • Deposit Guarantee Schema
  • European Union
  • Federal Deposit Insurance Corporation
Open Access

Analysis of Taxation and Economic Growth – Insights, Background and Findings

Published Online: 24 Jan 2018
Page range: 69 - 77

Abstract

Abstract

The article considers the question of the influence of taxes on economic growth. It presents the basic theoretical findings needed to comprehend the complexity of the question such as various economic theories on what helps to drive economic growth as well as various economic tax policies approaching the question. The methods of measuring the tax burden are then clarified in order to fully understand the last part of the article which is the presentation of findings of various selected literature reviews and research papers. That is what provides the general understanding of the influence of taxes and types of taxes on economic growth.

Keywords

  • Taxes
  • economic growth
  • tax burden
  • tax quota
Open Access

Public Administration Entities vs. Specific (Untypical) Entities´in Polish Administrative Law System

Published Online: 24 Jan 2018
Page range: 79 - 88

Abstract

Abstract

The political changes in Poland that took place at the end of the 20th century contributed to the establishment of new organizational forms of public administration entities. Their objective was to adapt administration, its operations, and its organizational forms to perform new public tasks in the area of economy. The entities operating within those new organizational forms were in conflict with the traditional notion of public administration entity. The main objective of this article is the analysis of legal status of each specific entities of public administration and to draw attention to their eclectic legal character.

Keywords

  • Polish public administration entities
  • Polish specific public administration entities
  • Polish administrative law system
  • analysis of Polish administrative law
Open Access

Current Amendments Regulating Enforcement of Judgment in Upbringing of Minors in Slovakia

Published Online: 24 Jan 2018
Page range: 89 - 100

Abstract

Abstract

In her article the author deals with the amended provisions of the Code of Civil Procedure, effective as of 1 January 2012, governing the so called personal enforcement (enforcement of judgment in relation to the upbringing of minor children). In addition to the interpretation of the new statutory provisions, some reference is made also to various interpretation problems resulting from the new legal regulation, and some solutions of these problems are offered. Having analysed the more restrictive compulsory measures which may be ordered by the court against any person who has refused to comply voluntarily with the court decision concerning custody or visitation of a minor child or the decision relating to taking away a child, the author concludes that such measures may not always be effective.

Keywords

  • minor child
  • enforcement of judgment in cases of minor children
  • personal execution
  • taking away a child
  • parental visitation rights

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