Perspectives of Law and Public Administration

List of Papers (Total 399)

LEGAL REGULATION OF THE PRINCIPLES TOTALIZATION AND VERIFICATION OF VOTING RESULTS

The objectives of the study: to research the electoral process; to establish the stages of this complex system; to highlight its essential characteristics; to determine the category of principles of the final stage of the electoral process; to elucidate the essence of the possible principles of aggregating and verifying the results of voting; present and substantiate the content...

POLITICAL AND LEGAL SOLUTIONS FOR THE IDENTITY CLAIMS OF GAGAUZ AND BULGARIAN ETHNIC GROUPS IN THE REPUBLIC OF MOLDOVA

In the present paper we aim to analyze the specific situations of several minorities groups Republic of Moldova has developed an ample legal framework for the protection of minority rights. The political and legal measures concerning the protection of minorities targeted to assign certain special forms and conditions of autonomy by establishing special statutes adopted by organic...

EMPLOYEES’ RIGHT TO FREEDOM OF EXPRESSION THROUGH SOCIAL MEDIA IN SOUTH AFRICA

Dismissal for social media misconduct is a common practice in South African constitutional and labour laws. It generally occurs when employees exercise their right to freedom of expression in social media which sometimes affects the employers’ right to a good name or reputation. Prior to the transition to democracy in 1994, employees experienced challenges in exercising their...

LEGAL NATURE OF THE DEPRIVATION MEASURE ORDERED DURING THE PROCEDURE FOR THE EXECUTION OF THE EUROPEAN ARREST WARRANT

In the framework of the procedure for the execution of the European arrest warrant, as a form of international judicial cooperation in criminal matters, it is necessary to take preventive measures of deprivation of liberty against the person requested by the issuing State. In order not to infringe the right to liberty and security of the requested person, deprivation of liberty...

THE DIMENSIONS OF THE RULE OF LAW ACCORDING TO THE CONSTITUTIVE ACTS OF THE EU AND THE LISBON TREATY REGULATIONS OF THE RULE OF LAW IN EUROPEAN DOCUMENTS

In the construction of Europe, the rule of law is considered the foundation of all the values on which the European Union is based, and its observance is an indispensable condition for the observance of the other values of the Union, in other words, of its existence. In Article 2 of the Treaty on European Union, we find the provision that the rule of law is one of the fundamental...

RELATIVITY IN THE FREE USE OF COPYRIGHT OBJECTS UNDER THE THREE-STEP TEST

The free use of works by third parties is placed in normative dependence on three conditions which together form a legal basis for the free use of copyright objects without the consent of the author and payment of remuneration. This process is accompanied by the specifics of each case, given the relation author-object of artistic intellectual property, expressing his creative...

PUBLIC ADMINISTRATION IN A EUROPEAN CONTEXT. CASE STUDY: POSSIBILITIES TO COMPLETE THE TRIAL PERIOD – PRACTICE AT NATIONAL LEVEL VERSUS PRACTICE OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

As social policy is outlined and its objectives stated in the provisions of Article 151 of the Treaty on the Functioning of the European Union, both the Union and the member states must be responsible for respecting "fundamental social rights such as those stated in the European Social Charter signed in Turin on 18 October 1961 and in the Community Charter of Fundamental Social...

CIVIL DISPUTES BETWEEN LANDLORD-TENANT IN MEDIATION

Mediation is a dispute resolution mechanism between the parties on a dispute, which is characterized by: flexibility, time and monetary efficiency, confidentiality, as well as other elements that make it a suitable method for resolving disputes. The objective of this paper is to present the settlement of landlord-tenants disputes through mediation, as it is well known that the...

THE PRELIMINARY DECISIONS ISSUED BY THE COURT OF JUSTICE OF THE EUROPEAN UNION AND THE JUDGMENTS FOR RESOLVING LEGAL ISSUES OF THE HIGH COURT OF CASSATION AND JUSTICE. COMPARATIVE STUDY ON THE ADMISSIBILITY CONDITIONS

The study intends to discover resemblances and differences between the judicial institutions of preliminary decisions in EU law and decisions on unlocking matters of law delivered by the Romanian SCJ, both in civil and criminal fields. Our interest is to clarify the deep significance of these resemblances and differences from the perspective of law systems and the jurisprudence...

CHILD MARRIAGES IN THE CONTEXT OF BANGLADESH’S INTERNATIONAL HUMAN RIGHTS OBLIGATIONS

The marrying off of minor children that are below the age of 18 years has been common in Bangladesh for more than a century. The objective of the study is to discuss the legislative framework that regulates child marriages in Bangladesh and assess whether there is any progress made or not. The second objective is to discuss the main causes of child marriages and assess whether...

SOME CONSIDERATIONS REGARDING APPEAL EFFECTS IN JORDANIAN LEGISLATION

In the civil tradition, the right of appeal has a primary importance, as a fundamental safeguard of justice. The function of the Court of Appeal is to provide an appellate hearing of right, from any judicial decision of courts of first instance. On this occasion the entire record is brought before the superior Court for consideration and review, both the facts and the law. In...

NEW EVOLUTIONS OF MILITARY JUSTICE

In the last years, military justice systems have been a problem for several reforms in some European states. The push for modernisation processes stems from the reality that military justice in some states wants to increase its truthful trial guarantees inside their legal framework. Recently, the existence of many ordinary military tribunals has been put at stake. Many critics...

PUBLIC INTERNATIONAL LAW AND FINTECH CHALLENGES

Public international law faces new challenges. So far, several countries have signed dozens of FinTech Cooperation Agreements (CAs), which aim to promote closer cooperation in the field of FinTech but also to promote innovation in financial services. States interested in moving forward in this area are keen to deepen bilateral and multilateral FinTech cooperation to facilitate...

THE REGULATION OF FINANCIAL MARKETS FOR LOW-INCOME EARNERS IN SOUTH AFRICA

Many low-income earners have financial challenges and experience over-indebtedness in their activities as they do not have access to formal financial institutions. They often acquire loans in informal sectors where they pay high interest rates. The individuals who qualify for such loans are those who have salaries or receive social grants from the government. Access to regular...

OVERVIEW OF PREVENTING AND COMBATING ORGANIZED CRIME

This research paper presents a general overview of preventing and combating organized crime as observed from both the national perspective concerning the Republic of North Macedonia and the international perspective concerning various legal acts and policies recognized on a global level. Such legal study, moreover, establishes the objectives to display the current legal...

THE FINANCIAL LEASING MARKET FROM THE PERSPECTIVE OF CURRENT LEGAL REALITIES

Leasing has established itself as one of the most profitable means of financing productive investments, bringing more security to those who do not have enough capital. The benefits that leasing operations bring to the parties involved are evidenced both by the practical results that they have had over time and by the rise that leasing has had in the capital markets of the world...

ISSUES REGARDING THE DISSEMINATION OF INFORMATION IN THE CREDIT RISK CENTER TO THE REVIEWED PERSON

In the field of credit for consumption, the priority is, in granting the loan, to stave off the temptation of potential borrowers to borrow for the purchase of a large number of goods and services, as well as that of professional creditors, to enforce their own clientele by granting loans. The aspects shown in ut supra had as a consequence the elaboration of some systems for the...

THE ROLE OF THE EU DURING NATO MILITARY INTERVENTION

The great impetus for the launch of an air bombardment operation on the military targets of Serbian forces by the United States of America, almost synchronously, received the approval and support of the EU High Representatives for Foreign Affairs. The EU Council met in Berlin, attended by the presidents, prime ministers and foreign ministers of the EU member states. At this...

PERSPECTIVE ON THE IMPLEMENTATION OF THE TRANSFORMATIVE CHILD MAINTENANCE INTERVENTIONS IN SOUTH AFRICA

This paper examines the implementation of transformative child maintenance interventions in South Africa specifically addressing maintenance issues and the significant role the judiciary is playing in the interpretation and delivery of judgements in maintenance related matters. The paper accentuates that parents have an obligation to provide for their children and the obligation...

PRACTICAL CONSIDERATIONS ON THE ADMISSIBILITY OF THE PLEA OF ILLEGALITY IN ADMINISTRATIVE LITIGATION

The plea of illegality allows the control of the legality and validity of individual administrative acts, without any time limit. At least, the literal and grammatical interpretation of article 4 of the Law on Administrative Litigation leads to such a conclusion. Unfortunately, the case law “has created” several limitations on the use of this judicial review tool, and most of...

RECONCEPTUALISING THE FOCUS OF CORPORATE SOCIAL RESPONSIBILITY INITIATIVES TO ADDRESS THE DIGITAL DIVIDE IN SOUTH AFRICA DURING THE COVID-19 PANDEMIC

One of the objectives of the Organisation for Economic Co-operation and Development’s (OECD) Principles of Corporate Governance is to create an inclusive society by nurturing a commercial environment rooted in trust, transparency and accountability. In creating a socially inclusive environment, the acceleration of the fourth industrial revolution (4IR) and its applicability in...

DESIGNATION OF ORIGIN AND GEOGRAPHICAL INDICATIONS

The production, manufacturing and distribution of agricultural and food products play an important role in the state economy, but also in that of the European Union. The diversification of agricultural production can lead to a better balance between supply and demand. Moreover, it brings an economic benefit to the rural area by promoting products with specific characteristics in...

THE INFORMATICS INTEGRATED SYSTEM FOR THE ROMANIAN CIVIL STATUS DOCUMENTS – PRACTICAL CONSIDERATIONS AND APPLICABILITY TO THE CONSULAR OFFICES OF ROMANIA

Romanian public administration (The Ministry of Interior) is involved in a huge project meant to computerize most of the public activity. This ambitious project is meant to create an informatics system putting together all the Romanian civil acts regarding the four-life events birth, marriage, divorce and death. This paper aims to study how the Romanian authorities are managing...

THE DEVELOPMENT, PURPOSE, AND TASKS OF FORENSIC SCIENCE

The study deals with introductory notions about forensic science, approaches the concept of forensic science by making a brief history on the development of this science and the laws underlying the development of forensic science. It also examines the conceptual issues of the purpose of forensic science, analysing the views of different scientists on the issue under consideration...

REGULATIONS REGARDING ILLEGAL LOGGING

Illegal logging is a global concern, related with severe negative environmental, social and monetary impacts, such as deforestation, degradation of biodiversity and loss of authorities revenues. Despite recent global eforts to combat unlawful logging activities, the problem stays widespread. While the educational literature on the subject is extensive, little systematic research...