Juridical Tribune - Tribuna Juridica

12

Authors: Lecturer Mihaela MARICA

The proliferation of the teleworking phenomenon entails a number of aspects, such as the organization of working time or the work safety and health of teleworkers, which are not fully covered by the current legislation. This puts teleworkers at an increased risk of being treated less favorably than regular workers and implicitly calls for additional protective measures for teleworkers. Consequently, the present paper offers an overview of the main legislative documents adopted by the European Union, which concern teleworkers directly or indirectly, in order to ascertain the extent to which the current legislative standards meet the specific needs of the teleworkers. Also relevant for this aim is the comparative law analysis which demonstrates how some states of the European Union have increased their efforts to amend their legal systems, in order to eliminate the discriminatory practices detrimental to teleworkers and to enhance the protection they enjoy. The study presents the different legislative perspectives of Germany, France, Spain, Italy.

14

Authors: ssociate professor Jana KAJANOVÁ; Associate professor Silvia MATÚŠOVÁ; Mgr. Peter NOVÁČEK

The European Green Deal creates a framework for sustainable business and for the implementation of new models of business and service provision. Sustainable business promoted by the European Union is determined by the enforcement of common measures in all EU member states. The paper aims to clarify a new business model, namely a sustainable business model, adopted by business companies which incorporate sustainability into the management and management systems of the company and make managerial decisions with regard to the protection of human rights and the protection of the environment. By using scientific methods such as a systematic analysis of valid legislation framework of sustainable business, a survey of factors influencing sustainable business, synthesis of acquired knowledge, and the comparison of acquired data, the authors formulated recommendations regarding sustainable business. A key aspect of sustainable business is the business environment, based on the principles of fairness, transparency, environmental sustainability, decent work and human dignity. Sustainable businesses are a benefit to the economy of each EU member state and a source of growth and employment. The benefit of the paper is to highlight of the EU activities, promoting sustainable development and the transition of economies and business companies to sustainability.

14

Authors: Professor Oleksandr SHEVCHUK; Professor Nataliya MATYUKHINA; Associate professor Svitlana DAVYDENKO; Associate professor Oleksandra BABAIEVA; Associate professor Oleksandr LYSODYED

The article analyzes the features of the appointment and conduct of forensic examinations carried out in the process of protecting human rights in the healthcare sector. In this work, a system of general scientific and special methods was used to achieve the goal of the study. The content of such categories as "medical care", "forensic examination", "expert", "medical error", "medical error", "defect in the provision of medical care" is disclosed, their place in the general classification of offenses in medical activity is indicated, types of legal liability for professional offenses in the healthcare sector. The tasks, object and stages of conducting forensic examinations carried out in the process of protecting human rights in the field of healthcare have been established, problematic legal issues related to these examinations have been identified, and directions for their solution have been proposed. The stages of conducting forensic examinations carried out in the process of protecting human rights in the healthcare sector are identified, namely: (1) preparatory; (2) organizational; (3) main; (4) the final. It is concluded that the forensic examination carried out in the process of protecting human rights in the healthcare sector is an effective procedural technique for proving professional offenses of medical workers.

19

Authors: Professor Oksana KHOTYNSKA-NOR; Professor Iryna IZAROVA

Sustainable development became an essential part of our world since we realized the fragility and limits of our system, dangerous of resource exhaustion, and insistently looking for the way to stabilyze our life and life of our descendents, to restrict risks of collapses. Last years’ catastrophes – the pandemic of COVID-19 and the war in Ukraine, both are still existed, show us undoubtedly that we have to be more careful using our resources and develop our relations in economics and politics. In this article authors made an attempt to reconsider the approaches to understanding judiciary in Ukraine, using the new coordinates – generation born since 1980 till 1996 so called Millennials (generation Y), dictating new requests to life, and, in our opinion, to justice and judiciary development. Analysis of the impact of Millennials (generation Y) on the development of the judicial system is a complex process for a number of reasons. First, the lack of formal information about the age of the parties makes it impossible to substantiate the conclusions with empirical data. Secondly, despite some generalized traits, the characteristics of Millennials differ depending on the region and country of origin, which determines their economic, social, political, and cultural differences A striking example of this are the ex-Soviet Union’s states. In majority of these countries, Millennials have become the first generation sufficiently aware of their rights, the legal ways to protect them and the role of the court as an effective tool for such protection. Their formation was accompanied by the changes in ideology, political regime and economic instability. In this article authors argue how Millennials change the judiciary in the ex-Soviet society, taking into account the specifics of the latter. The study suggests two interrelated aspects: the impact of Millennials on the development of the court as consumers of judicial services; the impact of Millennials, who come to work in the judicial system, as judges. The article substantiates the necessity of modernization of the courts, which is associated with the high technology of this generation and its vital need for information, as well as their consumerization aimed to create more sustainability justice and to answer the request of Millennials by changes of goals, by limits of expenses and by introducing the culture of peaceful and strong institutions in judiciary.

10

Authors: Associate professor Maria-Luiza HRESTIC; Lecturer Ivan Vasile IVANOFF

Public administrator is a new function, which was introduced into the Romanian legislation by the Law no. 286/2006 amending and supplementing Law no. 215/2001; the management contract, under which public administrators carry out their responsibilities, is not defined either by legislation or by doctrine, because there are various opinions in the specialty literature ranging from its qualification as a labour contract to the civil nature of this legal relationship. In this article, we try to provide a basis for the administrative contract view about the management contract concluded between a public administrator and the public executive authority within an administrative territorial unit.

12

Authors: Professor Oleкsandr SHEVCHUK; Postgraduate student Anastasiia YAROVA

The purpose of the study is to analyze certain legal problems in the development of the administrative-legal institution for preventing and resolving conflicts of interest in the healthcare sector. This article is based on an interdisciplinary approach using methods of analysis and synthesis, as well as comparative legal, dialectical and systemic methods. The concept of "prevention and settlement of conflicts of interest in the field of health care" is proposed, and the design of "administrative-legal institution for the prevention and settlement of conflicts of interest in the field of health care" is defined and its types are established. The analysis of the concept of "conflict of interest" in the scientific literature, national and international legal documents, in the legislation of foreign countries was carried out, the definition of "conflict of interest in the field of healthcare" was proposed. It has been established that in the legislation of certain foreign countries, the legal provision of a conflict of interest in the field of health care is carried out at the level of a special law "On Conflict of Interest", or provided for in laws on the prevention of corruption, or (in some states) also in a regulatory legal act in the field of health care. The elements of a conflict of interest in the field of healthcare (real or potential) are disclosed, their content is clarified. The elements of a conflict of interest in the field of healthcare (real or potential) are disclosed, their content is clarified. Two ways of resolving a conflict of interest in the healthcare sector have been identified: external and independent. It is established that the prevention and resolution of conflicts of interest in the healthcare sector consists of the following components: (1) prevention, (2) informing, (3) refraining from actions or decisions, and (4) settlement.

16

Authors: Associate professor Bekim NUHIJA; Teaching Assistant Stefani STOJCHEVSKA; Professor Adnan JASHARI; Assistant professor Arta SELMANI-BAKIU

Mankind often seeks solutions to climate change and environmental crises, but rarely considers the feasibility of outer space to overcome such critical issues. Among many solar geoengineering approaches is stratospheric aerosol injection (SAI) whose concept suggests artificial control of the global temperature by spreading tones of sulfur dioxide into Earth’s stratosphere. Given that the classic ‘technology control dilemma’ represents the central problem of solar geoengineering governance, however, this paper adopts a Venus-Earth comparative planetology method by addressing volcanology and atmospheric circulation aspects. An international regulatory framework engaging space law in solar geoengineering governance is consequently presented, which classifies two separate legislations: (1) research-based legislation (comparative planetology and Earth science) and (2) non-research-based legislation (national and international governance, ethical issues, economic factors, military utilization). Further highlighting climate change issues, SAI manifests the Anthropocene and regards Earth’s stratosphere as an “inner environment”, while comparative planetology manifests the Anthropocosmos and regards space as an “outer environment”. This polymorphous consideration of atmospheric and space elements identifies a new approach of climate change techniques. Human relations that concern both environments should examine how social scientists would regard these separate boundaries or perceive them as a mergence between the two major epochs.

19

Authors: Professor Tekla PAPP

The author addresses questions raised in the professional literature of public law (e.g.: the applicability of the Hungarian Civil Code to public law contracts), alongside the contradictions (e.g.: there isn’t a unified set of denotations and categories) and problems included therein, and the one-sidedness thereof (the disregarding of the respective works of private law). We analyze the selected material by concisely explaining the relation between public law and private law in Hungary. The author pays special attention to the Hungarian public law definitions as well as the contract-types with their characteristics, and finally, conclusions are drawn, and compatible perspectives are proposed.

12

Authors: Associate professor Rastislav FUNTA; Associate professor Kristína KRÁLIKOVÁ

National (civil) courts play a significant role in enforcing EU competition law as functional Union courts. This scientific article objective is to investigate the extent to which the European Commission is obligated to follow the decisions of national civil courts. The analysis requires an examination of the appropriate legal framework. As a result, in the first part of the paper, the European Commission obligation to take into account the decisions of the national courts from primary law perspective will be examined. Based on this, the second part explore the link between the European Commission and national courts from the standpoint of relevant secondary law. From the scientific methods we have used the analytical and descriptive method to analyse the current situation. By comparative method we introduce different views on the legal regulation. The presented topic has not been thoroughly examined in the literature on the subject thus far, giving the chance to identify avenues for future research.

18

Authors: PhD. student Chaowei XU; Associate professor Banggui JIN

Digital currency is supported by blockchain as the underlying technology, and possesses the characteristics of decentralization, programmability, and security verification based on cryptographic principles. In fact, it can be divided into legal digital currency and non-legal digital currency depending to whether the digital currency is issued by the competent authority. China’s legal digital currency (DC/EP) has implemented early and already has a certain scale of development. This article examines the legal issues that arise from the implementation of a legal digital currency in China, issues that Chinese lawmakers inevitably face. These legal issues may arise at both domestic and international levels, such as personal privacy protection, currency sovereignty conflicts, potential cross-border crimes risks. This article emphasizes that on the one hand, the development of legal digital currency must be carried out within a reasonable legal framework to avoid new systemic risks caused by the development of technology. On the other hand, it is also necessary for China to put in place as soon as possible an appropriate legal framework, explore the international cooperation of diversified supervision as well to ensure the healthy development of legal digital currency.

20

Authors: Full professor Jakub HANDRLICA; Ph.D. student Vladimír SHARP; Ph.D. student Kamila BALOUNOVÁ

The military actions taking place in Ukraine brought a major influx of refugees to the Czech Republic. A majority of them, being either citizens or residents of Ukraine, were carrying various official documents (such as residence permits, driving licences, university diplomas etc), issued by the competent authorities of their state of origin. The massive circulation of these persons in the Czech Republic automatically implied a necessity to deal with the implications of such documents, or with their absence (such as in the case of students, not carrying any educational certifications). This article deals with how the administrative law of the Czech Republic addressed the fact that various documents, issued by the authorities of Ukraine are being used for various purposes in the Czech Republic. Taking into consideration that one may expect further influx of Ukrainian citizens to our territory and their residence in the Czech Republic, this article also aims to outline a way forward.

29

Authors: Professor Jarmila LAZÍKOVÁ; Associate professor Ľubica RUMANOVSKÁ

The main aim of the EU food legislation is health protection of consumers. The key regulations, Regulation 1169/2011 on food information to consumers and regulation on nutrition and health claims are intended to ensure that consumers have sufficient information about the quality of the food product. That is why there is an effort by the EU to constantly improve food legislation in order to provide consumers with information in an acceptable and useful form. Currently the nutrient profiles and botanical health claims are in the focus of the EU Commission. However, this increases the requirements on food producers, in particular on the packaging of the product, which must fit even more information in a reasonably large font, and on the environment, as the amount of waste produced increases with increasing packaging area. The paper deals with the selected legal arrangements related to the health and nutrition claims on the food in EU food legislation in the context of judgments of the Court of Justice of the EU and point out the actual questions in relation to them.

9

Authors: Associate professor Paulo DE BRITO

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

14

Authors: Associate professor Silvia MATÚŠOVÁ; PhD. student Peter NOVÁČEK

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

16

Authors: Professor Tomáš PERÁČEK

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

17

Authors: Professor Dubravka AKSAMOVIC; Assistant professor Lidija SIMUNOVIC

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