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Content
March 2024, Volume 14, Issue 1
- 5-26 Emergency Regulations Entailing a Special Case of Norm Collision Revisiting the Constitutional Review of Special Legal Order in the Wake of the COVID-19 Pandemic
by Gabor Kecso & Boldizsar Szentgali-Toth & Bettina Bor - 27-46 A Comparative Look at the Duty to Mitigate Loss: the Consequences of the Violation of This Duty
by Pınar Altinok Ormanci - 47-59 Legal Dogmatic Questions about the Impact of the European Union’s Digital Legislation on Hungarian Contract Law
by Tekla Papp - 60-82 The Legal Framework for Assisting Displaced Persons from Ukraine in Meeting Their Housing Needs in Poland Introduced by the Act of March 12, 2022 on Assistance to Citizens of Ukraine in Connection with the Armed Conflict in the Territory of That State
by Pawel Widerski - 83-97 Ecological Factors in Public Procurement and Corporate Sustainability Policies
by Raquel Carvalho - 98-115 Electronic Administrative Judicial Procedure of Ukraine and the Right to Judicial Protection: Problems of Legal Regulation and Practical Issues
by Oleksandr Shevchuk & Ihor Kompaniiets & Olena Volianska & Oleksandra Shovkoplias & Vasyl Baranchuk - 116-129 New Generation EU Agreements – The Basis for Future World Trade
by Lubica Bajzikova & Daniela Novackova & Lucia Paskrtova - 130-146 The Challenges of European Union Integration: The Parallel between Human Rights and Corruption Perceptions
by Blerta Ahmedi & Stefani Stojchevska - 147-154 Standards of Disciplinary Conduct for the Corporate Directors: Perspective of the United States of America
by Erjola Aliaj & Edvana Tiri - 155-172 Global Patterns of Constitutional Judicial Review Systems: Two Major Models of Constitutional Judicial Review in the World
by Blerton Sinani
December 2023, Volume 13, Issue 4
- 513-535 The enigma of recognition of administrative acts issued by non-recognised regimes
by Jakub HANDRLICA & Gabriela PROKOPOVA & Liliija SERHIICHUK & Vladimir SHARP - 536-552 British influence on continental legal tradition in Croatia:Holy Grail or a Wrong Trail?
by Igor VULETIC - 553-564 The effectiveness of the Rome II Regulation in identifying orbital pollution as an environmental damage
by Stefani STOJCHEVSKA & Sami MEHMETI & Vedije RATKOCERI - 565-574 Correlation between classical Roman law and English common law:comparative historical analysis
by Irina N. SHARKOVA & Volodymyr A. MANDRAGELIA & Oleksandr O. GAYDULIN - 575-587 AI and politics: ensuring or threatening democracy?
by Konstantinos KOUROUPIS - 588-601 Illegal contract as a general clause - European trends and new Hungarian judicial practice
by Adam AUER - 602-623 The legal framework for PPP in China – current issues, challenges and future perspectives – with regard to the French experience
by Jingyi TIAN & Banggui JIN - 624-643 Legal and ethical rules of plagiarism
by Jarmila LAZIKOVA & Lubica RUMANOVSKA - 644-667 Peculiarities of consideration of cases in the ECtHR regarding the protection of constitutional human rights related to the fourth generation of somatic rights
by Tetiana TARASEVYCH & Tetiana YUZKO & Oksana HRABOVSKA & Olena ROMANOVA & Kateryna LISOVA
October 2023, Volume 13, Issue 3
- 331-345 Compensation for non-material damage caused to legal entities in the decision-making practice of the CJEU and the ECHR
by Ondrej PAVELEK & Drahomira ZAJICKOVA - 346-362 Problems of legal regulation of artificial intelligence in administrative judicial procedure
by Oleksandr SHEVCHUK & Volodymyr MARTYNOVSKYI & Olena VOLIANSKA & Ihor KOMPANIIETS & Oleg BULULUKOV - 363-383 Preventing computer crime by knowing the legal regulations that ensure the protection of computer systems
by Elena-Ana IANCU & Enache TUSA & Nicolaie IANCU & Eduard SIMION & Adrian-Cristian MOISE - 384-407 A regulatory analysis of digital financial services and the adoption of central bank digital currencies in Zimbabwe and South Africa
by Howard CHITIMIRA & Elfas TORERAI - 408-426 Forum shopping in regulatory sandboxes and the perils of experimental law-making
by Jakub HANDRLICA & VladimÃr SHARP & Jan NEÅ POR - 427-440 An analysis of the international and European Union legal instruments for holding artificial intelligence accountable
by Thupane J. KGOALE & Kola O. ODEKU - 441-455 E-commerce regulation in Albania
by Erjola ALIAJ & Edvana TIRI - 456-472 The hotel franchise contract in the HoReCa domain and applicable ADR methods from a comparative perspective
by Laura Ramona NAE - 473-489 The discretionary power of EU member states and national public administrations in according their citizenship (ius pecuniae)
by Elona BANO & Edmond AHMET - 490-508 The role of Council of Europe law and ECtHR practice in the protection of refugee rights
by Yuliya M. HRYSHYNA & Maryna BARSUK & Ivan Y. KAYLO & Volodymyr O. HAVRYLYUK & Dmytro V. TKACHENKO
June 2023, Volume 13, Issue 2
- 149-170 Artificial intelligence on public sector in Portugal: first legal approach
by Ricardo PEDRO - 171-191 Ukraine-Romania judicial cooperation in civil matters:twenty years of signing the agreement
by Serhij KRAVTSOV & Olena ZINCHENKO & Viktoriia PANCHENKO - 192-223 DPA powers toward effective and transparent GDPR enforcement:the case of Croatia
by Nina GUMZEJ - 224-240 human rights, forcibly displaced persons, international protection, temporary protection, refugees
by Oksana KUZMENKO & Vira RYNDIUK & Liudmila KOZHURA & ViktoriÑ–a CHORNA & Roman TYTYKALO - 261-282 Conflict of interest in the activities of judges in Ukraine and the European Union: a comparative legal study
by Oleksandr SHEVCHUK & Oleksandr LYSODYED & Nataliya MATYUKHINA & Oleksandra BABAIEVA & Svitlana DAVYDENKO - 283-303 Citizenship and nationality: a saga of a historical connection and the dialectic of inclusion/exclusion
by Enrique ACOSTA-PUMAREJO - 304-326 Legal nature and types of digital assets in the activities of technology-oriented startups
by Kateryna NEKIT
March 2023, Volume 13, Issue 1
- 5-20 Ecocide - a new crime under international law?
by Juraj PANIGAJ & Eva BERNÃ KOVÃ - 21-31 Legal nature of the principle of legal certainty as a component element of the rule of law
by Oksana SHCHERBANYUK & VÑ–talii GORDIEIEV & Laura BZOVA - 32-42 The multi-level governance of the European Union: the role of the local government
by Ambra KOKAJ & Blerton SINANI - 43-62 The influence of jurisprudence on the formation of relations between the manager and the limited liability company
by Tomáš PerÃ¡Ä ek & Michal KaÅ¡Å¡aj - 63-81 Critical analysis of the failure of labour law to adequately protect atypical workers and its impact on human rights and fair labour practice
by Mojapelo Mogohloro RAGUEL & Kola O. Odeku - 82-92 The legal framework of on call duty for teleworkers
by Mihaela MARICA - 93-119 Special regime for the recognition of decisions on financial penalties: complex analysis
by Lukáš JANČà T - 120-144 Historical background of the factors of attribution of civil liability, starting with Napoleon's Civil Code of 1804 and its reception in the Colombian Civil Code of 1873. The special case of the objective regime for hazardous activities
by Luis Felipe GIRALDO GOMEZ
December 2022, Volume 12, Issue 4
- 443-456 The advisory role of international courts in the evolution of human rights law
by Fátima Castro MOREIRA - 457-475 To reach sustainable justice with Millennials: example of Ukraine
by Oksana KHOTYNSKA-NOR & Iryna IZAROVA - 476-494 The EU-China road to the Comprehensive Agreement on Investment
by Cristina Elena POPA TACHE - 495-508 Sustainable business in the European economic area
by Jana KAJANOVà & Silvia MATÚŠOVà & Peter NOVà ČEK - 509-520 Considerations on the protection of teleworkers, in light of the current European regulations. Elements of comparative law
by Mihaela MARICA - 521-537 Considerations devoted to the Polish solution of the statutory threat of punishment for counterfeiting money or its surrogate and crimes related to such counterfeiting against the background of European solutions - de lege lata remarks and postulates de lege ferenda
by Maciej BÅ OTNICKI - 538-551 Relationship between EU law and national law in the context of case law of judicial bodies
by Daniela NOVÃ ÄŒKOVÃ & Jana VNUKOVÃ
October 2022, Volume 12, Issue 3
- 317-328 The philosophy of international law of Modern Scholasticism:the theory of just war
by Vytis VALATKA & Vaida ASAKAVIČIŪTĖ - 329-345 An arbitration dilemma: party-appointed experts vs. tribunal-appointed experts.A comparative study
by Ioan SCHIAU - 346-367 The definitive device of the term “international commercial arbitrationâ€
by Serhij KRAVTSOV - 368-386 Goose-stepping? The concept of the Hungarian public administration contract from a private law point of view civil court judgements?
by Tekla PAPP - 387-398 Prevention and settlement of conflicts of interest in health care of Ukraine as an administrative legal institute
by Oleкsandr SHEVCHUK & Anastasiia YAROVA - 399-411 FinTech and Regulatory Sandbox – new challenges for the financial market. The case of the Slovak Republic
by Simona HESEKOVA BOJMIROVA - 412-427 Comparative planetology as a foundation for associating space law with solar geoengineering governance: stratospheric aerosol injection and variations of sulfur dioxide in Venus’s atmosphere
by Bekim NUHIJA & Stefani STOJCHEVSKA & Adnan JASHARI & Arta SELMANI-BAKIU
June 2022, Volume 12, Issue 2
- 142-176 The constitutional reform of the Judicial Council in the Slovak Republic from the European comparative context
by Simona FARKAÅ OVÃ - 177-194 Digital currency in China: pilot implementations,legal challenges and prospects
by Chaowei XU & Banggui JIN - 195-214 The administrative law of the Czech Republic and the public law of Ukraine: a study in international administrative law
by Jakub HANDRLICA & VladimÃr SHARP & Kamila BALOUNOVÃ - 215-226 Obligation of the European Commission to review national civil court judgements?
by Rastislav FUNTA & KristÃna KRÃ LIKOVÃ - 227-245 Criminal remedies and institutional mechanisms for combating corruption crimes: the experience of Ukraine and international approaches
by Volodymyr CHERNIEI & Serhii CHERNIAVSKYI & Viktoria BABANINA & Vita IVASHCHENKO - 263-282 Features of ensuring the rights of drug addicts for rehabilitation in Ukraine and the European Union: comparative legal aspect
by Oleкsandr SHEVCHUK & Viktor SHEVCHUK & Ihor KOMPANIIETS & Serhii LUKASHEVYCH & Olena TKACHOVA
March 2022, Volume 12, Issue 1
- 6-20 Administrative judiciary is looking for a balance in a crisis to international contracts
by Agnieszka SKÓRA & Mária SREBALOVà & Ingrida PAPà ČOVà - 21-34 New generation of investment agreements in the regime of the European Union to international contracts
by Silvia MATÚŠOVà & Peter NOVà ČEK - 35-50 E-commerce and its limits in the context of the consumer protection: the case of the Slovak Republic
by Tomáš PERà ČEK - 51-67 The need for a harmonious interpretation of the rules applicable to international contracts
by Dubravka AKSAMOVIC & Lidija SIMUNOVIC - 68-79 The need for a harmonious interpretation of the rules applicable to international contracts
by Maria João MIMOSO & Liz Corrêa de AZEVEDO2 - 80-88 International law and nationalism as two essentially related concepts
by Paulo DE BRITO - 89-104 The principle of mutual recognition: from the internal market to the European area of freedom, security and justice
by Anamaria GROZA - 105-136 Reconstructing the global human rights order in pursuit of a binding business human rights treaty in the era of decolonisation
by Shelton T. MOTA MAKORE & Patrick C. OSODE & Nombulelo LUBISI
October 2021, Volume 11, Issue Special Issue
- 277-290 Hesitantly towards mutual recognition of “vaccination passports†. A survey on potential ubiquity in administrative law
by Jakub Handrlica - 277-290 Hesitantly towards mutual recognition of “vaccination passports†. A survey on potential ubiquity in administrative law
by Jakub Handrlica - 291-301 The moratorium on loan repayments during the Covid-19 Pandemic in Europe: a comparative analysis of loan moratoria in selected European countries
by Jan Skrabka - 291-301 The moratorium on loan repayments during the Covid-19 Pandemic in Europe: a comparative analysis of loan moratoria in selected European countries
by Jan Skrabka - 302-315 Ð uman right to virtual reality in the healthcare: legal issues and enforcement problems
by Oleksandr Shevchuk & Oleg Bululukov & Oleksandr Lysodyed & Valentyna Mamonova & Yurii Matat - 302-315 Ð uman right to virtual reality in the healthcare: legal issues and enforcement problems
by Oleksandr Shevchuk & Oleg Bululukov & Oleksandr Lysodyed & Valentyna Mamonova & Yurii Matat - 316-331 How the dignity was understood in law in past and how it should be today
by Michal Najman - 316-331 How the dignity was understood in law in past and how it should be today
by Michal Najman - 332-359 Transnational law – a new system of law?
by Alexandru Bostan - 332-359 Transnational law – a new system of law?
by Alexandru Bostan - 360-379 Venice Commission: the role in the process of international and national law interpretation
by Svitlana Karvatska & Ivan Toronchuk & Alyona Manyk - 360-379 Venice Commission: the role in the process of international and national law interpretation
by Svitlana Karvatska & Ivan Toronchuk & Alyona Manyk - 380-394 Defense or cooperation between states and international investors in times of crisis?
by Cristina Elena Popa Tache - 380-394 Defense or cooperation between states and international investors in times of crisis?
by Cristina Elena Popa Tache - 395-406 Foreign law in higher courts practice. The key characteristics of Georgian private international law
by Tamar Mskhvilidze - 395-406 Foreign law in higher courts practice. The key characteristics of Georgian private international law
by Tamar Mskhvilidze
December 2021, Volume 11, Issue 3
- 411-429 Legal instability in cyberspace and OSCE’s mitigation role
by Adina Ponta - 430-451 Applicability of ePrivacy Directive to national data retention measures following invalidation of the Data Retention Directive
by Nina Gumzej - 452-471 Legal problems of the use of orphan works in digital age
by Vira Tokareva & Iryna Davydova & Elena Adamova - 472-496 Modern solidarity and administrative repression
by Dan Claudiu Danisor & Madalina-Cristina Danisor - 497-508 Territory of state as indivisible whole and the norms of Constitution
by Leonid Tymchenko & Valerii Kononenko - 509-523 Paradise of territoriality lost: rethinking extraterritoriality in administrative law
by Jakub Handrlica - 524-534 Local barriers in the efficient use of Green Public Procurement - case of Slovakia
by Tomas Malatinec - 535-548 The human right to security in the implementation of the concept of the "right to health protection"
by Oleкsandr Shevchuk & Nataliya Matyukhina & Oleкsandra Babaieva & Anatoliy Dudnikov & Olena Volianska
June 2021, Volume 11, Issue 2
- 135-149 A few remarks on the (im)perfection of the term securities: a theoretical study
by Tomas Peracek - 150-173 Constitutional aspects of the current reform of the selecting constitutional judges in the Slovak Republic and the comparative perspectives in Europe
by Simona Farkasova - 174-202 Approach towards the right to be forgotten under Turkish law in comparison with EU and US laws: a need for a reform?
by Oytun Canyas & Aslı Bayata Canyas - 203-218 Promoting EU values in international agreements
by Eva Jancikova & Janka Pasztorova - 219-233 A comparative assessment of the agency concept, with special regard to the Romanian approach
by Ioan Schiau - 234-250 Competition issues including in the international agreements of the European Union
by Daniela Novackova & Jana Vnukova - 251-261 Reflections on actual situation of collective bargaining for the public servants and public services in Romania and in Europe. A theoretical and practical approach
by Radu Stefan Patru - 262-272 The OECD Model Tax Convention and its commentaries as a source of interpretation of double taxation treaties in Ukraine
by Maryna Glukh & Viktoriia Serdiuk & Pavlo Selezen & Anton Babenko
March 2021, Volume 11, Issue 1
- 5-29 The principle of effectiveness of EU law: a difficult concept in legal scholarship
by M. Elvira Mendez-Pinedo - 30-41 Impact of the COVID-19 on the migration in the European Union
by Gabriel Liviu Ispas - 42-51 International procedures to resolve dispute in tax law
by Maria do Rosário Anjos & Maria João Mimoso - 52-71 The politicization of human rights in the universal pandemic 2020: the relationship between the Charter of Fundamental Rights of the European Union and the international tax law
by Ana Campina & Carlos Rodrigues - 72-80 Types of individual criminal responsibility according to article 25 (3) of Rome Statute
by Nadiia Shulzhenko & Snizhana Romashkin - 81-94 What the economic analysis of law can't do - pitfalls and practical implications
by Monica Florentina Popa - 95-112 The communication of administrative decisions and the course of the time limits for challenging them. Comparative law solutions and perspectives of evolution in Romanian law
by Nicolae-Alexandru Ceslea - 113-130 Legal and organizational problems on identification of persons in activities of the State Border Guard Service of Ukraine
by Iryna Kushnir & Olha Tsarenko & Serhii TSARENKO
October 2020, Volume 10, Issue Special Issue
- 5-19 The United Kingdom withdrawal procedure from the European Union
by Antonio Goucha Soares - 20-31 The European Union and Japan’s Economic Partnership Agreement:labour provisions under the ‘Trade and Sustainable Development’ Chapter
by Aneta Tyc - 32-48 Defence of an EU member state against the effects of transnational administrative acts
by RadomÃr Jakab - 49-72 International agreements of the European Union and acquis of the Union
by Victor Muraviov & Nataliia Mushak & Tetiana Tarakhonych - 73-89 Constitutionalism and participative democracy on electoral mass-market
by Ivan Pankevych & Iryna Sofinska - 90-121 A critical legal perspective on the context and content of the right to access to adequate housing in South Africa
by Mashiene Katlego & Kola O. Odeku - 122-141 Current law on general rights of agricultural land users in Vietnam: reality and issues that need modification
by Luan Nguyen Thanh - 142-163 Financial crime in economic affairs: case study of the Slovak Republic
by Daniela NovÃ¡Ä ková & Tomáš PerÃ¡Ä ek & ĽubomÃra Strážovská & Boris Mucha
December 2020, Volume 10, Issue 3
- 339-363 About the international administrative law and other demons. A venture in a “delimiting lawâ€
by Jakub Handrlica - 364-389 Challenges of constitutional judicial control of the delegated legislative power during the COVID-19 Pandemic in the light of international standards: the case of North Macedonia
by Jeton Shasivari & Bekim Nuhija - 390-418 Constitutional/judicial resistance to European Law in Iceland. Sovereignty and constitutional identity vs. access to justice under the EEA Agreement
by M. Elvira Mendez-Pinedo - 419-426 International treaty as a source of financial law in Ukraine
by Yuriy Onischyk & Olena Maidannyk & Yaroslav Zhuravel & Pavlo Selezen - 427-441 Administrative procedure as a key factor in development of control over administrative power - a European perspective
by Robert Siuciński - 442-454 Realization of private and public interest in taxation during public financial activity in Ukraine
by Mariia Karmalita & Anna Nechai & Tetiana Sholkova & Kostiantyn Hubskyi - 455-465 International investment protection in front of the states role in crisis times to managing disputes
by Cristina Elena Popa (Tache) - 466-492 Revisiting the franchise contract
by Sónia de Carvalho - 493-511 Confiscation of proceeds and property related to crimes: international standards and the ECHR practice
by Natalya Orlovska & Julia Stepanova
June 2020, Volume 10, Issue 2
- 177-193 The European Union investment policy in Asia in the light of „Dawn of an Asian century in international investment law"
by Ondřej Svoboda - 194-206 Climate diplomacy – a growing foreign policy challenge
by Ana Hristova & Dobrinka Chankova - 207-221 Local self-government reforms in Europe: legal aspects of considering the communities' social identity
by Tetyana Semigina & Olena Maidannyk & Yuriy Onischyk & Yaroslav Zhurave - 222-238 European consumer law in the digital single market
by Ovidiu Ioan Dumitru & Andrei Viorel Tomescu - 239-254 The implementation process of the European Union law using the example of Polish and Irish labor laws
by Karolina Bicz - 255-278 Emerging tools to attract and increase the use of international arbitration
by Cristina Ioana Florescu - 279-288 The future of cross border mergers in the light of the new European Union provisions. Their implementation in Romania
by Roxana Maria Chirieac - 289-307 Behind every mask… is another mask – structural considerations on trade usages in international commercial law – dissolving some confusions
by Botond Zoltán Petres - 308-327 Historical development of refugee framework in Africa
by Jean Chrysostome Kanamugire - 328-334 The development of inheritance customary legal norm on Minangkabau indigenous society
by Ellyne Dwi Poespasari
March 2020, Volume 10, Issue 1
- 5-35 Constitutional pluralism and legal perspectivism in European Union law Abstract: During the past decade, new theories of (constitutional) pluralism have challenged the classic authority and primacy of EU law as asserted by the classic jurisprudence of the Court of Justice of the European Union. This school of thought, represented by many different authors, has tried to construct a new horizontal relationship between legal orders and European supreme jurisdictions. Constitutional pluralism has enjoyed doctrinal success but also received harsh criticism. This study reviews the most important literature and argues that the (constitutional) pluralism diverse strands of scholarship represent a continuation of what, in philosophical terms, can be termed “legal perspectivism” as conceptualized by Spanish philosopher Ortega y Gasset in 1923. It explores the question when EU law should have higher authority and primacy over national constitutional laws from both classic and new perspectives. No legal theory of EU constitutional law has so far been universally accepted by all actors. It concludes with the finding that the critique to the unconditional authority of EU law that constitutional pluralists have brought to the European field is still alive and extremely relevant both in theory and in practice. Classification-JEL: K10, K33
by M. Elvira Mendez-Pinedo - 36-55 Totalitarianisms and the establishment of objective legal order Abstract: The order of liberal political systems is the result of the dialectic between objective and subjective. It is based on the understanding of freedom as a formal, constitutive condition of society. Totalitarianism denies this dialectic, while altering at the same time the objective and the subjective meanings of order. This is why they cannot be valid legal orders, either in the objective sense, or in the subjective sense. The purpose of our study is to analyze the arguments that support the idea that the “concrete” orders of totalitarian regimes cannot be considered objective legal orders. The arguments are structured in four directions of analysis: 1. basing totalitarian order on legitimacy eliminates the need for legality; 2. totalitarian order is not a system of norms, but one of forces; 3. in totalitarian orders the distinction between norm and measure is no longer made; 4. the rules generated by totalitarian order are no longer the result of any institutionalization. The conclusion that emerges from these arguments is that in totalitarian systems objective law does not exist validly. If the Nazi and the communist languages still retain the term “law”, totalitarian thinking destroys the very concept of law
by Dan Claudiu Danisor & Madalina Cristina Danisor - 56-68 Interest in the context of tax relations: traditional approach and trends of tax management development
by Liubov Kasianenko & Iryna Shopina & Mariia Karmalita & Dmytro Muliavka - 69-79 The legal nature of the individual employment contract in the spirit of Kosovo's integration in the European Union Abstract: As a legal notion, freedom of work and the right to work are respectively the freedom and the right to work or not to work. This thesis is closely related to the action rule of the labour market supply and demand law. Kosovo, on national level, has promulgated a number of laws deriving from labour law, adapting them to international laws and European Union standards. This approach of Kosovo has to do more with its needs and aspirations to join international organizations. The purpose of this paper is the research through statistical data and facts published in the annual reports of state bodies and nongovernmental organizations on the practical implementation of the European Union and the International Labour Organization labour legislation and standards in the Republic of Kosovo. Empirical character research findings have concluded that labour rights violations in Kosovo are evident and widespread both in the public and private sector, without exception, and these labour rights violations continue
by Avdullah Robaj - 80-93 Personal data protection and liability for damage in the field of the internet of things
by Kateryna Nekit & Denis Kolodin & Valentyn Fedorov - 94-101 The natural environment. The development of an institutional protection framework - a permanent concern of the European Union
by Andreea Stoican - 102-115 Experience of border guard units of the leading countries in countering terrorism and prospects for its implementation by the state border guard service of Ukraine
by Roman Liashuk & Valeriy Vychavka - 116-129 The Brexit consequences on the European single market
by Gabriel Liviu Ispas - 149-161 The legitimacy of acquisition of state territory
by Leonid Tymchenko - 162-172 Internet fraud and transnational organized crime
by Nadiia Shulzhenko
October 2019, Volume 9, Issue Special
- 5-14 Effect of the European Court of Human Rights case-law on judgments of Polish courts in the crime of hate speech
by Dorota Habrat - 15-28 Legal issues of development of organic farming in Ukraine Abstract: The theoretical principles of organic farming development in Ukraine are substantiated. The concept and features of the land for organic farming, especially the legal regime of such land are revealed. The analysis of legal forms of land use for organic farming was carried out. The main advantages of using an organic land plot on the basis of emphyteusis are analyzed. The subjects of land use for organic farming have been investigated. The prospective directions are determined and proposals on the improvement of the current legislation of Ukraine are developed. These include the development and approval of criteria for determining the suitability of agricultural land for use in the process of organic farming, resolving at the legislative level issues related to soil conservation and the protection of their fertility, the development and approval of norms of their qualitative condition that would meet the requirements of cultivation organic products of plant origin. In addition, there is a need for legal separation of agricultural land on which organic products are grown, taking into account the specific use of these lands and establishing their special legal regime
by Dmytro Fedchyshyn & Iryna Ignatenko & Oleksandr Bondar - 29-46 The EU Arctic policy and its critique: a view under Tocci´s theory on foreign policy and normative power (Part 2) Abstract: What is the role of the European Union (EU) in the Arctic region? On what basis does it claim influence and/or authority (if any) over part of this vast area of the world? What can we learn about EU Arctic policy, tools and instruments adopted so far? Is the EU a normative foreign policy actor as described by Tocci´s theory? What factors do influence the adoption and validity of EU policies in this region? This study tries to reply to all these questions casting a light over an area of great geostrategic importance and at the crossroads of historic developments. In a first part we study the current EU Arctic policy and assess its strength and weaknesses according to literature. In a second part we summarize Tocci´s theory on kinds of normative policy actors and examine what kind of power is the EU exercising in the region
by M. Elvira Méndez-Pinedo & Alesia Fralova - 47-59 The object of criminal law Abstract: In current criminal law doctrine, the prevailing opinion is that criminal law regulates both the criminal offence and the punishment. Moreover, this opinion coexists with another, according to which criminal law regulates a subjective right of the state to punish and therefore generates a “legal relationship” between the state and the offender. Such opinions are, however, fallacious and, in order to clarify the matter, the author provides an insight through the philosophy of law, helping her highlight several aspects, such as: the fact that the sanction is not a juridical (legal) norm element; the fact that any juridical (legal) norm comprises a precept and a hypothesis; the fact that two vast categories of juridical (legal) norms can be distinguished, namely “determining norms”, which regulate obligations, and “sanctioning norms” (coercive ones), regulating sanctions etc. Next, by analysing the criminal provisions, from this perspective, the author formulates five conclusions, as follows: the fact that there is no “subjective right” to punishment; that fact that a criminal offence is not “regulated” (legislated), but forbidden by the law; the fact that the object of criminal law has to be determined starting from general criminal norms instead of incriminating norms; the fact that criminal law is self-regulating (it sets forth the scope and content of criminal laws); the fact that the punishment is the fundamental notion in any criminal law
by Mioara-Ketty Guiu - 60-76 Challenges and perspectives of administrative judiciary in the Republic of North Macedonia Abstract: The development of administrative judiciary in the Republic of North Macedonia went through various phases after its independence in 1991. 16 years after its independence, in late 2007 the Administrative Court was established as one of the holders of the judiciary in judicial system. Before the establishment of this court, the administrative dispute was under the jurisdiction of the Supreme Court. The Administrative Court appears as a guarantor for exercising the rights guaranteed by the Constitution and the laws before the administrative bodies, which provide court protection in the event of an unlawful conduct by the administration. For this reason, administrative justice plays a key role in the lives of citizens who seek it when they consider that state authorities are preventing the enjoyment of a constitutional or legal right, or that they are imposing an obligation outside the legal rules. With this paper the author by explaining the process of development of the administrative judiciary using: normative legal method, comparative legal method, systematic and objective interpretative methods, will focus on the specific analysis of ineffectiveness of administrative justice in the practice, which is due, first of all, to the lack of a mechanism for implementing the judgments of the Administrative Court
by Jeton Shasivari - 77-92 The Constitutional Court of Ukraine as the main actor in safeguarding of the Constitution
by Ivan Pankevych & Iryna Sofinska - 93-109 The US antitrust jurisprudence through the lens of Chicago School and the Transaction Costs Economics Abstract: In the mid-70s, the US antitrust jurisprudence finally embraced the economic approaches developed at the University of Chicago on the 30s. The Chicago School of Economics has as its main characteristic the defence of the private economy and of a limited intervention of the government, which underlies the idea that individual freedoms depend on the existence of a system based on private initiative and market economy, affirming the interdependence of capitalism and democracy. This School was fiercely against the excessive intervention of competition authorities and courts in competition, to which attributed as final goal purpose efficiency maximization. From a methodological point of view, Chicago School will be renowned by the importance of neoclassical pricetheory and empirical analysis. Later, within New Institutional Economics, will rise another economic analysis, such us Transaction Costs Economics and Property Rights Theory, that even though receiving minor attention from the literature, being until now strangely excluded from the economic and legal mainstream of the competition, will also inspire Antitrust Law. The Transaction Costs Economics will demonstrate that the transactions that make up the market are conditioned by the constraints of behaviour and information, giving rise to transaction costs that make markets imperfect. The institutions in this School are, therefore, structures that, by influencing individuals' behaviour, mitigate market imperfections, becoming indispensable in economic analysis. The analysis of these economic approaches will reveal that both gave the utmost importance to transaction costs, as Chicago School, without explicitly mentioning transaction costs, also considered it in antitrust analysis. In this paper, we aim at demonstrating that this proximity between Chicago School and Transaction Costs Economics is reflected in US antitrust jurisprudence. Therefore, it is pertinent to begin by summarizing the main arguments developed by these economic theories, which later received merits by the courts, thus making more evident the effect they had on US antitrust jurisprudence, often ignored by literature. As we will conclude the US antitrust analysis is performed by the Courts through lens of Chicago School and Transaction Costs Economics. Classification-JEL: K22 Keywords: Chicago School, antitrust jurisprudence, Transaction Cost Economics, Property Rights Theory
by Sónia de Carvalho - 110-116 Commercial law developments in Yugoslavia with a focus in the Socialist Republic of Macedonia and Albania Abstract: Commercial law is an abstract definition in a central planned economy, but Yugoslavia had a system of its own and in the economic history books it has always a special chapter. It all started with the planned system economy, but very early Yugoslavia followed its own path, namely workers' self-government and a special property form, the so-called social property. Albania instead followed the path of all socialist countries – central planned economy and socialist property. This system can be considered a definition of administrative socialism or etatism.3 This manuscript aims to analyze the commercial reforms in Yugoslavia, Macedonia and Albania and its consequences towards free market economy. A historic and deductive method will be used to analyze the legal reforms that made Yugoslavia a specialty in the communist block. Classification-JEL: K20, K22, K23 Keywords: Yugoslavia, Macedonia, Albania, commercial law, property. Journal: Juridical Tribune (Tribuna Juridica)
by Endri Papajorgji & Rezarta Tahiraj - 117-126 Adaptation of Ukrainian legislation on drug trafficking control to the European Union legislation (separate aspects) Abstract: Certain aspects of the adaptation of regulatory legal acts of Ukraine in the field of drug trafficking control to EU legislation were studied. The basis of this study uses an interdisciplinary approach using comparative legal, dialectical and systemic methods. Emphasis is placed on the fact that the world community does not have a unanimous opinion on legal issues and areas of the modern drug control regime that would meet the needs of the social and legal society and the current state of the drug situation in the countries of the world, and health problems. It was established that the adaptation of the regulatory legal acts of Ukraine in the field of drug trafficking control, the fight against their use and treatment of drug addiction of patients should be based on the implementation of public health programs. In its areas, should include the prevention of disease, prolonging life and improving the health and well-being of the entire population, including drugaddicted patients, for whom the state has an inherent responsibility. Ukraine participates in Council of Europe conventions which establish common standards for this organization and the European Union, it is important for the legal regulation of drug control in the health field, but some norms of national legislation require consistency with the norms of UN Conventions, and it is important to use positive legislative experience of selected countries of the European Union. It is proposed to amend the regulatory legal acts that will improve legal ways to protect people's rights to health protection. Classification-JEL: D86, K23, K33, K38
by Oleksandr Shevchuk & Sergii Mokhonchuk & Igor Papusha - 134-156 An analysis of the role-players in the enforcement of the Zimbabwean insider trading laws
by Howard Chitimira & Pontsho Mokone - 157-171 Comparative analysis of the legislative standards of examination by the Criminal Procedure Code of Ukraine and the Russian Federation Abstract: The scientific article is devoted to the investigation of the examination of a person as a form of investigative actions, which is provided in Russian and Ukrainian legislations. The subject of the study is the criminal procedural legal relations between the participants of examination based on the norms of the Criminal Procedure Code (CPC) of Ukraine and the Criminal Procedure Code (CPC) of Russian Federation (RF). Objectives of the study - the analysis of the existing legislative norms in the criminal procedural codes of RF and Ukraine, as well as, on their basis, the development of new and improving of existing procedural, organizational and tactical measures used in the examination of a person aiming to improve its quality and effectiveness are the subject of the examination. The methodology of the article consists of comparative, formal-logical, statistical and sociological methods. The shortcomings and gaps in its legislative implementation are noted and ways of their solution are presented. The author's approach to conducting examination of a person is proposed with the aim of improving the regulatory and legal regulation of the conducting the examination in the CPC of Ukraine. Classification-JEL: K14, K30, K41 Keywords: procedural actions; examination of a person; distinguishing characteristics; traces of crime; witnesses; compulsion; protocol. Journal: Juridical Tribune (Tribuna Juridica)
by Andrii Kuntii & Roman Blahuta & Oleksii Avramenko
December 2019, Volume 9, Issue 3
- 519-534 Brexit - the 2016 referendum on European Union membership Abstract: This article explores the Brexit referendum, focusing on the political events that led to the vote, namely, the Conservative Party’s return to power, David Cameron’s attempts to appease the European divide within his party and the role played by the British Parliament in the whole process. It then discusses whether the referendum was the most suitable way to decide on European Union membership, considering the sovereignty of the British Parliament, as well as the contrast between representative democracy and direct democracy
by Antonio Goucha Soares - 535-548 EU Integrated Maritime Policy and multilevel governance Abstract: Marine and coastal environment are under pressure from several pollution sources. Most of the environmental law was developed on a sectoral basis and does not reflect the interdependence of the various issues and their solutions. Since the adoption of Blue Book, EU legislation to protect the marine environment has been progressively implemented in many relevant areas: Fisheries, Shipping, Tourism, energy, etc. The Integrated Maritime Policy covers several cross-cutting policies, more specifically blue growth, marine data and knowledge, maritime spatial planning, integrated maritime surveillance, and sea basin strategies. Oceans and sea are influenced by many activities, interests and policies and are interlinked. A holistic, integrated approach is the best way to handle maritime affairs, with States cooperation not only on an EU States basis but also with third States and International Organizations. International Organizations provide an essential forum for international cooperation in relation to environmental issues. In this context they have two important roles to play: environmental policy-making and the development of international environmental law
by Fátima Castro Moreira & Bárbara Magalhães Bravo - 549-558 Workers’ rights. A new perspective Abstract: What will be the effects of the current trend in Labour Law of emancipation from the constraints of contractualism? Could the worker be regarded as other than a contracting party and his/her actions be addressed beyond purely contractual rights and obligations? The worker does not limit himself/herself today to the performance of the work tasks, but acts as a citizen in the workplace; it is a reality calling for new theoretical approaches, away from the contractual constraints. The individualization of labour law appears as the result of the evolution of the rules of labour law, which contributes to promoting the figure of each employee as an independent and unique human being. This paradigm shift also generates changes in the relationship between labour law and human rights protection; none of the two being currently estranged from the orientation towards the individual (and not to the collectivity). Labour law cannot resist to post-modern, individual-centred approaches that shift the focus from the group – to persons, recognizing (and celebrating) the uniqueness of each of them. The paper offers an approach to the rights of the worker from the perspective of human rights, by investigating the advantages and disadvantages of such an extension. It seeks to identify the obstacles between the two categories of rights and the extent to which they could be overcome
by Raluca Dimitriu - 559-573 “Human security” as a new concept of international security of the 20th century
by Elvira Titko & Myroslav Kurtynets - 574-582 New trends in multi-faced corruption - a continuing obstacle for fair business in Bulgaria: our response
by Dobrinka Chankova - 583-588 Individualization and development of international investment law as the third millennium law field
by Cristina Elena Popa (Tache) - 589-598 Non-recognition of states as a specific sanction of public international law
by Adrian Corobana - 599-606 Bulgarian perspectives on the abuse of rights in lights of the Directive 2011/7/EU on combating late payment in commercial transactions Abstract: The subject matter of this research is the abuse of rights in context of the late payment in commercial transaction. The abuse of rights as a law concept is well known in continental law families dates back to ancient Roman law. Considering the vision of the Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transaction the Bulgarian legislation offers a new point of view of that concept which is currently been discussed in this article as a new law concept. That point of view has been considered by the author as an abuse of interests instead of abuse of rights. That vision was legislative introduced by the provisions of Art. 303a, paragraph 1-2 BCA and Art. 309a, paragraph 3 BCA in response to the requirement of acquis communautaire. As well as the abuse of interests is considered as a new law concept there is a necessity of a clear explanation of that notion and criteria for distinguish it from the old concept of the abuse of rights
by Zhana Koleva - 618-627 Legal treatment of franchise in Northern Macedonia and Republic of Kosovo Abstract: In this paper, franchise is treated as a way of transferring knowledge and experience as well as trademarks. The concept of exclusivity is most often defined as a method of marketing goods and services. Of course this kind of definition is insufficient. Franchising is more than a method of distribution, a specific way of financial impoverishment of meaning without an investment of its capital by the franchise. The business people franchising system gives the experience and the right approach to the methods and enables them to gain from the brand reputation that defined the reputation. This paper aims to highlight the importance of legal treatment, as the franchisor enables the legal circulation not only of goods and services but also of rights such as trademarks. The focus of legal treatment is on the Republic of Northern Macedonia and Kosovo. For these two countries, we have also presenting franchise data. In this paper besides the historical aspect, I am also analyzing the legal sources related to franchising in the European Union. These two states have an obligation to bring their legal systems into line with those legal sources that apply to European Union law
by Adnan Jashari & Egzone Osmanaj - 644-658 Exemption from liability according to the art. 79 of the Convention on International Sale of Goods (CISG)
by Tugce Oral
June 2019, Volume 9, Issue 2
- 276-282 Commercial law in Macedonia after 1990 Abstract: With the Declaration of Independence of 17.11.1991 and the entry into force of the Constitution on 20.11.1991, Macedonia was free to draft its own legislation. But the difficult internal and external situation, the unofficial imposition of the Greek embargo since the end of 1991, and the UN embargo on Yugoslavia, which brought losses of US $80 million a month to the new state, had a negative impact on the legislative process. The 1990 (!) amended Yugoslav company law of 1988,4 which replaced the Organization of Associated Labour as a basic economic subject with the "commercial companies" as a new legal concept,5 organized the economic life in public companies and limited liability companies. All Art.s that regulated the economic organizations in Yugoslavia were abolished. This amendment was in force until 30.5.1996. In this sense, main objective of this manuscript is the analysis of the commercial law reforms in Macedonia after the fall of communism towards a free market economy and EU membership
by Endri Papajorgji & Rezarta Tahiraj - 283-297 Much ado about the Post-Chicago School Abstract: In the middle of the 80s, an economic approach, that brings together a group of academics that stand out by the harsh criticisms to the approach of the School of Chicago towards competition, arouses interest among the scholars. This school will call into question some of the foundations and justifications presented by the Chicago School, by questioning, in first place, the single monopoly profit theory. In this sense, these authors will develop a set of models designed to demonstrate that the monopolist in the primary market has incentives to monopolize the secondary market. This School will also analyse the vertical restraints, standing out the development of Raising Rivals´ Costs Theory and offer an explanation for free-riding. The Chicago School, on the other hand, is a coherent and heterogeneous economic school, responsible for the theory of oligopoly and collusion, which, by advocating the criminalization of price fixing, proceeded to analyse the anticompetitive effects of predatory pricing and various restrictions vertical. In this paper, we aim at demonstrating that the roots of the Post-Chicago School go back to the Chicago School, highlighting the contributions of Director and Levi in the construction of the Raising Rivals´ Cost Theory and, considering the connection between the Chicago school and Transaction Costs Economics, the most complete empirical analysis of this theory led by Elizabeth Granitz and Benjamin Klein. The continuous omission of the Transaction Costs Economics, considering the steadiness between both, is one of the most negative aspects of this school, which can only be explained by the fact that heterogeneity of the Chicago School and Transaction Costs Economics unmask much of the criticism knitted. Post-Chicago School, as we will conclude, will be incapable of thwarting the ideological premises of the Chicago School
by Sónia de Carvalho - 298-316 Overview on the legal instruments of the Council of Europe in the field of administrative law Abstract: The interest in administrative justice has been growing in many countries recently. At the core of an accountable and transparent administration is the right to effectively challenge acts and decisions that affect civil rights and obligations, and so also the daily life of individuals. Effective means of redress against administrative decisions require a functioning system of administrative justice that provides fair trial guarantees. Administrative justice is not limited to the guarantee of citizens’ rights. Its justification also lies in the necessity to defend the public interest and to guarantee a balance between individual rights and the public interest. An administrative-court proceeding should be public, held within a reasonable time, undertaken by an independent and impartial tribunal established by law, and result in an enforceable judgment that shall be pronounced publicly. In addition to interpreting the rights, the Strasbourg Court has pointed out that it must be borne in mind that the European Convention on Human Rights (ECHR) is intended to guarantee rights that are practical and effective. This paper will analyze the certain provisions of the European Convention on Human Rights regarding mainly with the right to a fair trial and the right to an effective remedy and will try to give a concise retrospective to some of the most interesting cases of administrative nature decided by the European Court of Human Rights. Further, it will emphasize the framework of the Council of Europe of existing and applicable recommendations in the area of administrative law starting with alternative ways of resolution of administrative disputes and giving closure with execution of administrative and judicial decisions. Classification-JEL: K23, K33 Keywords: recommendations; administrative dispute; judicial control; fair trial; effective remedy; public authorities
by Blerton Sinani - 317-329 Protecting the rights of foreigners to investment-attractive land plots in Ukraine Abstract: The normative legal acts that define the basic guarantees and which are based on protection of foreign investments in Ukraine are analyzed. The emphasis is on the special legal regime of economic activity in the special (free) economic zones, on the territory of which are implemented preferential customs, monetary, financial, tax and other conditions of economic activity of foreign legal entities and individuals. It is determined that industrial parks are one of the most common types of special economic zones. The procedure of acquiring ownership of land plots, which is planned to be used for creation and functioning of the industrial park and subjects of the special regime of management within the industrial park, is considered. Classification-JEL: D86, K11, K22, P48, P14
by Dmytro Fedchyshyn & Iryna Ignatenko & Oleksandr Bondar - 344-362 The EU Arctic policy and its critique: a view under Tocci´s theory on foreign policy and normative power (Part 1)
by M. Elvira Méndez-Pinedo & Alesia Fralova - 363-376 Two faces of “international administrative law” Abstract: The term “international administrative law” (diritto amministrativo internazionale, droit administratif international, internationales Verwaltungsrecht) remains an enigma of public law. Since the 1900s, the term has been traditionally understood in two different ways. On one hand, some authors (J. Gascón y Marín, P. Kazansky, A, RapisardiMirabelli) used this term regarding the administrative competencies of those various “international administrative unions”. On the other hand, other authors (P. Fedozzi, K. Neumeyer, G. Biscottini) used the term to exclusively refer to the norms of national administrative law, which address certain foreign elements; i.e. as a parallel to the discipline of international private law. This article deals with these two different understandings of “international administrative law” and with their impact for recent developments in legal scholarship. The article also addresses currently renewed interest in the “international administrative law” and its consequences for the newly established doctrine of “global administrative law”. Classification-JEL: K23, K32 Keywords: international administrative law, international administrative unions, law of international organizations, delimiting norms, global administrative law
by Jakub Handrlica - 402-435 Controversies traced out in the definition of prostitution in the Moldovan legislation Abstract: Practicing prostitution in the Republic of Moldova is an administrative offence. Thereat, any attempts of enticing, coercing or facilitating engagement of a person into practicing prostitution is regarded as an offence of pimping. Likewise regarded as an offence of pimping is the case when the offender is taking advantage of recruiting certain persons into practicing prostitution. In October 2018, the Parliament of the Republic of Moldova proceeded to pass a law giving the following definition to the notion of “prostitution” – gratification of sexual desire of a person by any method and/or means in return for money, including such as the use of information technologies or electronic means of communication. Thereat, one could derive that dissemination of the erotic webcam performances via the Internet for certain category of website visitors against payment might constitute prostitution. Clearly highlighted in present article was the fact that the like activities constitute pornography rather than prostitution. Prostitution require a physical contact. The authors have demonstrated that the definition of prostitution provided by the law contravenes to the case law of the Constitutional Court of the Republic of Moldova as well as to some of the regulations passed under the auspices of the Council of Europe and European Union. Finally, the authors suggested a new wording for the notion of prostitution, i.e.: engaging in sexual activity with different individuals benefiting on the services provided by female or male prostitutes, the latter thus pursuing to acquire the means of subsistence or the main source of livelihood
by Vitalie Stati - 436-454 Problems of implementation of whistleblower institution in Ukraine
by Serhii Ivanovych Khalymon & Anatolii Mykhailovych Prytula - 480-491 Legal regulation of procedure for advance pricing agreements in Ukraine Abstract: Advance pricing agreements (APAs) are globally widespread as an instrument of providing the balance of interests between bona fide taxpayers and fiscal authorities. Ukraine has attempted to use such instrument since the introduction of the transfer pricing control. Nevertheless, no APA has yet been concluded in Ukraine. The authors use methods of comparative legal analysis, historical analysis and legal modelling to describe the evolution of the normative regulation of the procedure for APAs and reveal the factors which have impacted on the attractiveness of APAs for taxpayers. There are also a few propositions on improvement of the procedure for APAs in Ukraine, which are formulated on the basis of best practices of developed and developing countries. Proposed changes concern the opportunity to revise APAs, the introduction of special features in the procedure for APAs in case of their bi - or multilateral character and the alignment of the access to the procedure for APAs in Ukraine
by Pavlo Selezen
March 2019, Volume 9, Issue 1
- 6-17 Scope and limits of the administrative act arbitrability
by Bárbara Magalhães Bravo & Fátima Castro Moreira - 18-32 The arbitral tribunal’s authority to determine the applicable law in international commercial arbitration: patterns and trends
by Ramona Elisabeta Cîrlig - 33-43 Cooperation between member states and Europol
by Bogdan Birzu - 44-59 National cultural heritage built: legislative risks and administrative deficiencies
by Cosmin Soare - 60-69 Types of international arbitral awards and their effects, focusing on two case studies: arbitral award on case "La Petrolifera Italo-Rumena" vs Republic of Albania (2007) and arbitral award on case "DIA Ltd. vs OSHEE sh.a" (2015)
by Artan Spahiu - 70-78 On call (zero-hour) contractual arrangements: a new form of employment. Elements of compared law
by Mihaela-Emilia Marica - 79-90 Some specific aspects concerning the company by shares
by Ana-Maria Lupulescu - 91-112 (R)evolution of the insolvency law in a globalized economy
by Ionel Didea & Diana Maria Ilie - 113-125 Investor protection and stock market development. Empirical approach on the European Union case
by Marius Cristian Milos & Laura Raisa Milos - 126-136 A brief survey on law and economics of contract law
by Yusuf Sertaç Serter - 137-146 Criminalizing fraud affecting the European Union's financial interests by diminution of VAT resources
by Georgiana Anghel-Tudor - 147-156 Aspects that need to be clarified through criminal investigation in the case of crimes regarding traffic and illicit drug use
by Nicolae Margarit - 157-162 Discussions on new EU-wide regulations on the posting of workers. Special consideration for Directive (EU) 2018/957 amending Directive 96/71/EC on the posting of workers in the framework of the provision of services
by Radu Stefan Patru - 163-177 Obstructing justice according to the Romanian law. The preexistent elements and the constituent content
by Ion Rusu - 178-190 Comparative analysis between fiducia and other contracts in the Romanian Civil Code
by Gunay Duagi - 191-195 Scope of the simplified procedure regulated by Law no. 151/2015 concerning the insolvency of natural persons in Romania
by Ileana Voica - 196-205 Administrative arbitration in public procurement: a look at Portuguese law
by Maria João Mimoso & Maria do Rosário Anjos - 206-212 Enterprises (companies) and their associations – subjects of anticompetitive practices
by Ovidiu Horia Maican - 213-219 The delay of paying the leasing rates in the current Romanian regulation. Project adopted in 2018. Analysis of comparative law
by Silvia Lucia Cristea - 220-231 The institute of acquiring the right of ownership by acquisitive prescription under Kosovo’s law
by Rrustem Qehaja & Armend Ahmeti