Juridical Tribune - Review of Comparative and International Law

2011 - 2024

From Bucharest Academy of Economic Studies
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Volume 11, issue 3, 2021

Legal instability in cyberspace and OSCE’s mitigation role pp. 411-429

Adina Ponta

Applicability of ePrivacy Directive to national data retention measures following invalidation of the Data Retention Directive pp. 430-451

Nina Gumzej

Legal problems of the use of orphan works in digital age pp. 452-471

Vira Tokareva, Iryna Davydova and Elena Adamova

Modern solidarity and administrative repression pp. 472-496

Dan Claudiu Danisor and Madalina-Cristina Danisor

Territory of state as indivisible whole and the norms of Constitution pp. 497-508

Leonid Tymchenko and Valerii Kononenko

Paradise of territoriality lost: rethinking extraterritoriality in administrative law pp. 509-523

Jakub Handrlica

Local barriers in the efficient use of Green Public Procurement - case of Slovakia pp. 524-534

Tomas Malatinec

The human right to security in the implementation of the concept of the "right to health protection" pp. 535-548

Oleкsandr Shevchuk, Nataliya Matyukhina, Oleкsandra Babaieva, Anatoliy Dudnikov and Olena Volianska

Volume 11, issue 2, 2021

A few remarks on the (im)perfection of the term securities: a theoretical study pp. 135-149

Tomas Peracek

Constitutional aspects of the current reform of the selecting constitutional judges in the Slovak Republic and the comparative perspectives in Europe pp. 150-173

Simona Farkasova

Approach towards the right to be forgotten under Turkish law in comparison with EU and US laws: a need for a reform? pp. 174-202

Oytun Canyas and Aslı Bayata Canyas

Promoting EU values in international agreements pp. 203-218

Eva Jancikova and Janka Pasztorova

A comparative assessment of the agency concept, with special regard to the Romanian approach pp. 219-233

Ioan Schiau

Competition issues including in the international agreements of the European Union pp. 234-250

Daniela Novackova and Jana Vnukova

Reflections on actual situation of collective bargaining for the public servants and public services in Romania and in Europe. A theoretical and practical approach pp. 251-261

Radu Stefan Patru

The OECD Model Tax Convention and its commentaries as a source of interpretation of double taxation treaties in Ukraine pp. 262-272

Maryna Glukh, Viktoriia Serdiuk, Pavlo Selezen and Anton Babenko

Volume 11, issue 1, 2021

The principle of effectiveness of EU law: a difficult concept in legal scholarship pp. 5-29

M. Elvira Mendez-Pinedo

Impact of the COVID-19 on the migration in the European Union pp. 30-41

Gabriel Liviu Ispas

International procedures to resolve dispute in tax law pp. 42-51

Maria do Rosário Anjos and Maria João Mimoso

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 pp. 52-71

Ana Campina and Carlos Rodrigues

Types of individual criminal responsibility according to article 25 (3) of Rome Statute pp. 72-80

Nadiia Shulzhenko and Snizhana Romashkin

What the economic analysis of law can't do - pitfalls and practical implications pp. 81-94

Monica Florentina Popa

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 pp. 95-112

Nicolae-Alexandru Ceslea

Legal and organizational problems on identification of persons in activities of the State Border Guard Service of Ukraine pp. 113-130

Iryna Kushnir, Olha Tsarenko and Serhii Tsarenko

Volume 10, issue Special Issue, 2020

The United Kingdom withdrawal procedure from the European Union pp. 5-19

Antonio Goucha Soares

The European Union and Japan’s Economic Partnership Agreement:labour provisions under the ‘Trade and Sustainable Development’ Chapter pp. 20-31

Aneta Tyc

Defence of an EU member state against the effects of transnational administrative acts pp. 32-48

Radomír Jakab

International agreements of the European Union and acquis of the Union pp. 49-72

Victor Muraviov, Nataliia Mushak and Tetiana Tarakhonych

Constitutionalism and participative democracy on electoral mass-market pp. 73-89

Ivan Pankevych and Iryna Sofinska

A critical legal perspective on the context and content of the right to access to adequate housing in South Africa pp. 90-121

Mashiene Katlego and Kola O. Odeku

Current law on general rights of agricultural land users in Vietnam: reality and issues that need modification pp. 122-141

Luan Nguyen Thanh

Financial crime in economic affairs: case study of the Slovak Republic pp. 142-163

Daniela NovÃ¡Ä ková, Tomáš PerÃ¡Ä Ek, Ľubomíra Strážovská and Boris Mucha

Volume 10, issue 3, 2020

About the international administrative law and other demons. A venture in a “delimiting law†pp. 339-363

Jakub Handrlica

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 pp. 364-389

Jeton Shasivari and Bekim Nuhija

Constitutional/judicial resistance to European Law in Iceland. Sovereignty and constitutional identity vs. access to justice under the EEA Agreement pp. 390-418

M. Elvira Mendez-Pinedo

International treaty as a source of financial law in Ukraine pp. 419-426

Yuriy Onischyk, Olena Maidannyk, Yaroslav Zhuravel and Pavlo Selezen

Administrative procedure as a key factor in development of control over administrative power - a European perspective pp. 427-441

Robert Siuciński

Realization of private and public interest in taxation during public financial activity in Ukraine pp. 442-454

Mariia Karmalita, Anna Nechai, Tetiana Sholkova and Kostiantyn Hubskyi

International investment protection in front of the states role in crisis times to managing disputes pp. 455-465

Cristina Elena Popa (Tache)

Revisiting the franchise contract pp. 466-492

Sónia de Carvalho

Confiscation of proceeds and property related to crimes: international standards and the ECHR practice pp. 493-511

Natalya Orlovska and Julia Stepanova

Volume 10, issue 2, 2020

The European Union investment policy in Asia in the light of „Dawn of an Asian century in international investment law" pp. 177-193

Ondřej Svoboda

Climate diplomacy – a growing foreign policy challenge pp. 194-206

Ana Hristova and Dobrinka Chankova

Local self-government reforms in Europe: legal aspects of considering the communities' social identity pp. 207-221

Tetyana Semigina, Olena Maidannyk, Yuriy Onischyk and Yaroslav Zhurave

European consumer law in the digital single market pp. 222-238

Ovidiu Ioan Dumitru and Andrei Viorel Tomescu

The implementation process of the European Union law using the example of Polish and Irish labor laws pp. 239-254

Karolina Bicz

Emerging tools to attract and increase the use of international arbitration pp. 255-278

Cristina Ioana Florescu

The future of cross border mergers in the light of the new European Union provisions. Their implementation in Romania pp. 279-288

Roxana Maria Chirieac

Behind every mask… is another mask – structural considerations on trade usages in international commercial law – dissolving some confusions pp. 289-307

Botond Zoltán Petres

Historical development of refugee framework in Africa pp. 308-327

Jean Chrysostome Kanamugire

The development of inheritance customary legal norm on Minangkabau indigenous society pp. 328-334

Ellyne Dwi Poespasari

Volume 10, issue 1, 2020

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 pp. 5-35

M. Elvira Mendez-Pinedo

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 pp. 36-55

Dan Claudiu Danisor and Madalina Cristina Danisor

Interest in the context of tax relations: traditional approach and trends of tax management development pp. 56-68

Liubov Kasianenko, Iryna Shopina, Mariia Karmalita and Dmytro Muliavka

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 pp. 69-79

Avdullah Robaj

Personal data protection and liability for damage in the field of the internet of things pp. 80-93

Kateryna Nekit, Denis Kolodin and Valentyn Fedorov

The natural environment. The development of an institutional protection framework - a permanent concern of the European Union pp. 94-101

Andreea Stoican

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 pp. 102-115

Roman Liashuk and Valeriy Vychavka

The Brexit consequences on the European single market pp. 116-129

Gabriel Liviu Ispas

The legitimacy of acquisition of state territory pp. 149-161

Leonid Tymchenko

Internet fraud and transnational organized crime pp. 162-172

Nadiia Shulzhenko