Perspectives of Law and Public Administration

218 - 225

Authors: PhD. Cristina Elena POPA TACHE

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 trade, investment and ecosystem development in the FinTech market sector. At the international level, the focus is on supporting the mutual establishment (between states) of FinTechs that want to expand globally to help the industry navigate its evolution. Another purpose of the FinTech treaties is to standardise information about emerging market trends and the sharing of experience from each jurisdiction. This includes collaboration in areas such as blockchain and distributed ledger technology, digital identities, cross-border data connectivity, data portability and the application of FinTech to promote sustainable finance. Within the European Union, new financial technologies underline the objective already set out in the Treaty of Rome - to achieve a single market for capital under the corollary of financial stability and security and consumer protection. This modern type of treaty continues the tradition of concluding trade agreements and supports the economic environment with local, regional and global opportunities arising from the digital boom that is crossing borders, reshaping industries and transforming economies in the region. In the face of these challenges, public international law is performing its regulatory function. To produce this article, we have used a prospective and feature-identifying method that promotes consistency of hypotheses.

241-245

Authors: Professor Ismail ZEJNELI Assistant professor Vedije RATKOCERI

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 mechanisms simultaneously criticized by their efficiency in the fight and prevention against organized crime within the country and beyond. The research methods used within this paper include a comparative-legal approach of the considerably vague notion of organized crime, as well as a critical analysis concerning legal acts related to the prevention and fight against organized crime. The results of the research methods implemented are displayed within each section of the paper and simultaneously reflect upon the expected ramification of this study. Although not explicitly stated in theory, the implications of this study in a practical manner consider criticisms toward the vagueness of the notion of organized crime, the attempt to achieve a globally accepted concept of organized crime, as well as the effectiveness of the number of international and national legal acts in the Republic of North Macedonia addressing the issue of organized crime.

252-259

Authors: Associate professor Elise-Nicoleta VÂLCU

This research material aims to approach from an analytical perspective the implications that the implementation of the InvestEU Program generates at the level of the European Union. The Union framework rule governing this program and its implications at Member State level is Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the "InvestEU Program" and amending Regulation (EU) 2015/1017. Specifically, the InvestEU Program contributes to the achievement of some of the objectives proposed by the Union coordinator in terms of energy effectiveness2 , in the field of investments in the infrastructure of the European Union, especially in the creation of a unique transport space, in the field of sustainable infrastructure policy, regarding funding for innovation, research and digitization. All these goals are considered essential for achieving the Union's sustainable development goals committed by the European Commission under the leadership of President Ursula von der Leyer in the 2030 Agenda for Sustainable Development. The research methods used in the research are: a) the logical-concretized method by using the union framework norms as well as the internal transposition norms as a source of information and analysis; b) comparative method - in order to carry out a comparative analysis of the main financing mechanisms at Member State level.

268-272

Authors: MA.sc. Adnan THAQI MA.sc. Shkodran REXHAJ

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 meeting, the resolution was unanimously adopted, expressing the unreserved support of NATO for its intervention against Milosevic's army. This was a very important resolution for the EU because it became clear to Belgrade and Milosevic, but also to Moscow that all EU countries support NATO and that when it comes to Kosovo, there is no difference. The EU throughout its history did not seem so determined to make major decisions aimed at intervening in a very bloody war on its continent. Despite the development of NATO air operations to coordinate and prepare for the consultation of decisions that would take further decisions, in this period of the bombing campaign the five of the Contact Group, composed of foreign ministers, became a organization led by the US, Germany, France, Britain and Italy, called the Quint countries.

287-293

Authors: Lecturer Anamaria GROZA

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 them do not have a solid legal basis. The protection of the res judicata principle, but also other situations that would circumvent the legal regime of the action for annulment, as well as the broad category of fiscal-administrative acts were considered grounds for the inadmissibility of the plea of illegality, administrative acts outside its scope respectively. What is worse is the fact that the limitations in question may constitute restrictions on the right of access to justice, more precisely to the procedural route of the plea of illegality. The study aims to analyze the legal basis of the cases of inadmissibility of the plea of illegality, created by case law and their compliance with the will of the legislature. The author’s goal is to produce a paradigm shift with regard to this legal institution and to increase its degree of effectiveness. The research conducted is descriptive and explanatory, underpinned by relevant case law and doctrine.

306-312

Authors: Lecturer Ioan TOMESCU

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 disadvantaged or remote areas, ensuring the increase in the population's income in these areas. At European level, a protection system has been established to ensure protection in each Member State of the European Union, which encourages the increasing use of the terms 'geographical indications' and 'designations of origin', an approach which deals with the optimal registration conditions for an equal competition between the producers, increased guarantees for the consumers that these designations clearly constitute a quality guarantee, as they allow the preservation of the specificity of the product. Similar to other Member States of the Union, in 2011 Romania transmitted to the European Commission, according to the provisions of Regulation (EC) no. 1234/2007, the technical specifications corresponding to all the controlled designations of origin (DOC) and geographical indications (GI) for products used at national level, drawn up by the producers’ associations established in the geographical areas demarcated by DOC and GI, in order to ensure their protection based on the above-mentioned European legislation.

323-332

Authors: Lecturer Aurel Octavian PASAT

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. Thus, the aim of forensic science is the development of methods, tools, techniques and recommendations for the organisation of practical activities. The general task of forensic science is to provide scientific support for the activities of law enforcement agencies in the fight against crime.

343-347

Authors: PhD. Lidia-Lenuta BĂLAN PhD. student Lavinia Monica DAN

This paper aims to highlight an incursion and an analysis in the legislative package of Green Deal measures from the perspective of preventing and combating climate change and environmental degradation in order to meet zero greenhouse gas emissions targets by 2050 and sustainable economic growth. The analysis is made from the perspective of reconfiguration and economic transformation to ensure a lasting and lasting coexistence for present and future generations, but without affecting the environment, human health and the planet, with a focus on innovation and digitalization and having as main tool investments. through the prism of public-private partnerships. An essential tool for climate and environmental investments. The paper also considered the fundamental role of young people by involving them in actions to promote public-private partnerships with a role in educating them to prevent and combat climate change and environmental protection.