Perspectives of Law and Public Administration

6

Authors: Ana-Maria LUPULESCU

Under the previous legal regulation, periodic ownership had generated long and, most often, controversial discussions in the juridical literature. As a result, the Civil Code currently in force recognizes the existence of periodic ownership as a case of forced co-ownership, while establishing the basis for its creation, the rights and obligations of coowners, as well as the ways to terminate this form of forced co-ownership (art. 687-692 Civil Code), even if it is regulated, inexplicably, in a separate chapter of the Civil Code, and not in the section dedicated to forced co-ownership. Unlike other cases of forced co-ownership, periodic ownership has a number of specific features, from several points of view, such as the criterion for determining the extent of the right belonging to each co-owner, its legal content or its exercise. For these reasons, we believe that a critical analysis of the applicable legal regulation in the field of periodic ownership could be relevant and useful both for theoreticians of law, but also for practitioners.

7

Authors: Jana MLÝNKOVÁ

Security deposit is a special form of securing the landlord’s claim against the tenant. This institute is regulated by Section 2254 of Act No. 89/2012 Coll., The Civil Code. Although the rules on certainty may seem to be sufficient and clear to the first impression, after closer examination it is clear that this is not so and that there are a large number of unanswered questions which are mentioned in this paper, for example: Is the statutory maximum amount of security deposit sufficient? Is it possible to count on the security deposit given to the landlord and to supplement the security deposit during the tenancy relationship, if such an arrangement is included in the lease contract? And what about the return of the security deposit? The aim of the paper is to find a solution to the above-mentioned shortcomings of the Czech legislation on the basis of a comparison with the legislation of the Slovak Republic, which for historical reasons is very similar to the Czech legislation.

8

Authors: Nelu Dorinel POPA, Cezara POPA

It is a known fact that the object of study of criminology is the "criminal phenomenon", which is considered both from an individual point of view, in relation to the concepts of "crime" and "criminal", and from a collective point of view, for which the concept of "criminality" is observed. A study of the origin and worldwide development of criminology has thus been carried out in relation to these basic concepts. Although a truly scientific approach to criminology has only been developed since the 18th century, there have previously been numerous historical sources and references throughout the entire temporal arc of human evolution that have highlighted the manifest interest in the discipline and the concepts mentioned. Three main schools of thought in modern criminological theory have later been establisheed, covering the period from the mid-eighteenth century to the mid-twentieth century: the classical, the positivist and the Chicago School. The international bodies responsible for criminology have also played a major role, without which this science would not have evolved to the stage it is at today

9

Authors: Andreea TABACU

After the Constitutional Court’s control, by no.392/2021 decision, it was stated that Law no.554/2004, of administrative contentious, the basis of the judicial procedure for the cancellation of Government’s Decisions, doesn’t satisfy the idea of celerity which defines the principle of access to justice in the field of the cancellation of the alert status decision. The study aims to identify and analyze the most important problems revealed before the courts in this matter and to find solutions in order to elaborate procedural norms which are able to achieve the principle above mentioned.

10

Authors: Cornelia VLADU

The term of "punishment individualization" is known since 1898, because of the publication of Raymond Saleilles's work entitled “L’individualisation de la peine”. The definition of the concept of individualization was outlined by the legislator through juridical technique, as: when establishing and applying punishments as tools for adapting the convict to the penitentiary environment. The punishment individualization is a complex operation that is carried out both by the legislator (the legal individualization, realized at the moment of the elaboration of the law, by establishing the general framework of punishments, the special limits for each offense and the framework within which judicial individualization and administrative individualization may intervene), by the court (juridical individualization), as well as during the execution of the sentence (administrative individualization, for example: establishing the regime of execution of the prison sentence, granting conditional release, changing the content of the obligations imposed in the context of postponing the application of the sentence or suspending the execution of the sentence under supervision).

11

Authors: Erjona BANA (CANAJ)

Migration has been an essential part of Albania’s history and still is to the present day, though it has changed both in size and nature since the fall of Communism. Since the introduction of reforms, the Albanian migration picture has evolved. Albania has opened itself up much more to migrants, though the relative number of immigrants remains low. This opening has included changes in the legislative framework governing immigration and a closer resemblance between Albanian legislation and international conventions governing individual rights and State obligations in the field of migration. Albania has transposed all EU directives relating to immigration and asylum into its national legal system and participates in the negotiations on new migration and asylum measures at the regional level. Albania has especially changed its legislation to improve its alignment with the standards of the EU necessary for its eventual accession. This is a desk-research, which provides an overview of rules and procedures for the residence of foreigners in the Republic of Albania. The objective is to trace the main institutional and legal procedures applicable to foreign citizens who seek to stay in Albania. This paper also highlights some of the challenges in the application, interpretation and development of immigration rules currently present in the Republic of Albania.

11

Authors: Valeriu KUCIUK

The author researches the field of public law, namely the subject of the the correct placement of budgetary-fiscal tasks in the Republic of Moldova, of the financial contributions that are collected from citizens, of the provision of public services for a fee by public authorities and institutions. In the research, the author used the following research methods: logical method, systemic and formal-legal analysis, comparative and generalizing methods. Following the scientific investigation, the author considers that the constitutional norms regarding the formation, distribution and use of the public budget are violated, there is an omission to regulate the financial-fiscal field which consists in the law regulating the provision of public services for a fee. In conclusion, the author comes with recommendations mentioning certain regulatory measures that could improve the field of public finances, increasing financial responsibility and discipline.

12

Authors: Lucian-Sorin STĂNESCU

According to the renowned theorist I. Craiovan, the knowledge of law cannot be situated in the contemporaneity outside the tendencies manifested in science where there are connections, interferences, transfers of concepts, methods and techniques that receive an important role in approaching the legal phenomenon and, consequently , Theory of Law, as a synthetic legal science, appeals to epistemology because: "the idea of examining by itself the activity of knowledge of law can first give the means of progress of the science of law, to improve knowledge of this phenomenon." The epistemological approach of the legal responsibility system in the methodological scheme we proposed involves, first, establishing the epistemological status of legal responsibility in the General Theory of Law and in the branch legal sciences in order to extract its epistemic features. Secondly, the study aims to reveal, for the first time, the systemic properties that legal responsibility develops as a subsystem of the great system of law, and thirdly, to discuss the conceptual changes it causes in the General Theory of the issue of legal responsibility of intelligent non-human entities, the ultimate goal being to support the epistemological status of structural concept of legal responsibility that we have promoted in the scientific field in our previous works by completing the definition we gave to this concept.

13

Authors: Crenguța LEAUA, Iulia-Alexandra DIDU

In the modern era of digital technology, chatbots are becoming a prominent element in the conversational services. Chatbots are software that can successfully communicate with human beings. Their popularity as a means of communication has been recently engaged not only in the business field, for the relation with clients and consumers, but also for the services provided by regulated profession such as doctors, lawyers, etc. The aim of this paper is to present the general juridical problems which may arise when employing a conversational agent in the communication process with humans. Issues such as taxonomy, intellectual property rights, civil liability, consumer protection, cybersecurity and compliance with secrecy regulations, privacy and data protection, and other problematic human rights issues are among those to be taken into consideration. Recent documents of legal policy of the European Union are also presented, namely the Proposal for a Regulation of the European Parliament and of the Council laying down harmonized rules on Artificial Intelligence (AI) and amending certain Union legislative acts. This proposal, although aimed to address AI in general, has a number of provisions also relevant for chatbots, as conversational AI.

15

Authors: Hajredin KUÇI, Kastriote VLAHNA

Building a ‘rule of law based’-democracy is a challenge for post-communist and post-war societies. Rule of law is a priority for these societies and it is very often prescribed as a membership criteria required by international organizations, such as the European Union. As such an aspiring country, Kosovo is faced with the challenge of building a legal system compatible with that of the European Union member states, but also of developing legal cooperation with other countries. This paper will analyze the process of Europeanisation of the legal system of Kosovo and presents a dynamic impact of the European Institutions and Missions in Kosovo which were introduced and operate despite the fact that Kosovo officially is not recognized by EU institutions and all EU member states. As such, the paper will focus on analyzing the legal treatment and sui generis relations between EU and Kosovo, especially during the UNMIK time, with EULEX mission, of the unique singing modalities and content of SAA, Office of Specialist Chambers of Prosecutors and Judges and including the recommendations for legal cooperation in certain circumstances during the fulfillment of the above mentioned obligations and integration process. The main question addressed in this article is how the EU has influenced the rule of law in Kosovo. In doing so the paper will observe the results of that influence that are sui genres as well as how the EU-Kosovo cooperation has helped keeping the integration process and research strategies for the further cooperation going. This hypothesis will be tested by measuring the inclusion and application of the main European standards in cooperation with the third states. Additionally, comparative methods will be used in finding similarities and differences with other cases. Kosovo faces many challenges in international cooperation, not only with regard to those missions operating in Kosovo itself (such as EULEX, CE, EUO etc.), but also with EU as an organization, especially due to Kosovo’s lack of membership in EU. Another challenge faced is the cooperation with EU countries that have not yet recognized Kosovo as a state. This paper emphasizes the efforts of Kosovo’s institutions beyond regular means, in order to conduct EU-Kosovo cooperation as one of the prerequisites for building the democracy based on rule of law. The main issues tackled in this paper are how these problems are addressed in practice, which are the obstacles arising, what are the ad hoc means of conducting such cooperation and what are the specificities and perspectives of EU-Kosovo cooperation. As such the paper aims at breaking down some of the legal peculiarities and uncertainties that have been created throughout the years as result of limitations to the international personality, aimed at ensuring that there is a cooperation with EU and non-recognizer countries through other ‘innovative’ means.