In recent years, the topic of penetration of information and communication technologies (ICT) in every sphere of our functioning has been resonating in our society, not excluding the business sector. The topic of digitisation and digital transformation of business entities is highly topical. This is evidenced by a rapid increase of the so-called start-ups as well as business entities that are changing the way of their production, distribution, communication and also their focus of activity to innovate both outwardly and inwardly and compete with other entities in the EU single market. In practice, this is not so simple, and transforming businesses face many obstacles that need to be removed. The penetration of ICT into the business sphere creates a single market that has a digital attribute, putting entrepreneurship and commerce into a completely different dimension. The aim of this paper is to point out the constantly evolving technologies and systems that are changing the business. In the article we will also point out the problematic areas of digital transformation of business entities and possible ways of simplifying the transformation process. Finally, we answer the question of whether the digital transformation of business in the current conditions is a reality or a utopia.
{"title":"DIGITAL TRANSFORMATION OF BUSINESS ENTITIES UNDER THE CURRENT CONDITIONS: REALITY OR UTOPIA?","authors":"D. Treščáková","doi":"10.25234/eclic/11928","DOIUrl":"https://doi.org/10.25234/eclic/11928","url":null,"abstract":"In recent years, the topic of penetration of information and communication technologies (ICT) in every sphere of our functioning has been resonating in our society, not excluding the business sector. The topic of digitisation and digital transformation of business entities is highly topical. This is evidenced by a rapid increase of the so-called start-ups as well as business entities that are changing the way of their production, distribution, communication and also their focus of activity to innovate both outwardly and inwardly and compete with other entities in the EU single market. In practice, this is not so simple, and transforming businesses face many obstacles that need to be removed. The penetration of ICT into the business sphere creates a single market that has a digital attribute, putting entrepreneurship and commerce into a completely different dimension. The aim of this paper is to point out the constantly evolving technologies and systems that are changing the business. In the article we will also point out the problematic areas of digital transformation of business entities and possible ways of simplifying the transformation process. Finally, we answer the question of whether the digital transformation of business in the current conditions is a reality or a utopia.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133950243","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
It is widely recognized that environmental protection, social benefits and economic issues must go hand in hand. In the European Union, Environment Action Programmes (EAPs) have guided the development of EU environmental policy since the 1970s, and they have strengthened the achievement of environmental goals and the integration of environmental interests in other EU policy areas. Given their joint responsibility, EU environmental policy provides added value both for the EU and its Member States. Until the end of 2020 the 7 th EAP is the agreed framework of environmental policy-making, and discussions are underway on developing the 8 th EAP. Between 2014 and 2020, some progress has been made towards achieving the goals of the programme. For example, the 7 th EAP provided more predictability of environmental policy and facilitated Member States’ policy coordination. Nevertheless, the evaluation of the 7 th EAP proves that EU legislation is going in the right direction, but the impacts cannot be seen with actions on the ground. The environmental acquis of the EU continues to grow, but the efforts are insufficient to implement it. Broad difficulties with the coherent implementation of environmental policy can be perceived at national level, too. That is the main reason why different stakeholders (particularly environmental NGOs) play a decisive role in environmental policy-making, implementation and enforcement. The evidence base indicates that the involvement of the members of the public can reduce the enforcement deficit of EU environmental law, but more needs to be done at all levels. In October 2019, the European Council called upon the Commission to present at the latest by early 2020 an ambitious and focused proposal for the 8 th EAP (2021-2030), and underlined that the new programme must address environmental governance, such as public participation and access to justice. Hopefully, the missing link of EU environmental legislation will be resolved by the EU institutions as soon as possible.
{"title":"THE MISSING LINK - ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS","authors":"Attila Pánovics","doi":"10.25234/eclic/11898","DOIUrl":"https://doi.org/10.25234/eclic/11898","url":null,"abstract":"It is widely recognized that environmental protection, social benefits and economic issues must go hand in hand. In the European Union, Environment Action Programmes (EAPs) have guided the development of EU environmental policy since the 1970s, and they have strengthened the achievement of environmental goals and the integration of environmental interests in other EU policy areas. Given their joint responsibility, EU environmental policy provides added value both for the EU and its Member States. Until the end of 2020 the 7 th EAP is the agreed framework of environmental policy-making, and discussions are underway on developing the 8 th EAP. Between 2014 and 2020, some progress has been made towards achieving the goals of the programme. For example, the 7 th EAP provided more predictability of environmental policy and facilitated Member States’ policy coordination. Nevertheless, the evaluation of the 7 th EAP proves that EU legislation is going in the right direction, but the impacts cannot be seen with actions on the ground. The environmental acquis of the EU continues to grow, but the efforts are insufficient to implement it. Broad difficulties with the coherent implementation of environmental policy can be perceived at national level, too. That is the main reason why different stakeholders (particularly environmental NGOs) play a decisive role in environmental policy-making, implementation and enforcement. The evidence base indicates that the involvement of the members of the public can reduce the enforcement deficit of EU environmental law, but more needs to be done at all levels. In October 2019, the European Council called upon the Commission to present at the latest by early 2020 an ambitious and focused proposal for the 8 th EAP (2021-2030), and underlined that the new programme must address environmental governance, such as public participation and access to justice. Hopefully, the missing link of EU environmental legislation will be resolved by the EU institutions as soon as possible.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115988419","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The system of higher education is, most frequently, perceived as a part of public service which is justified by the fact it is commonly analysed from that point of view. Since the same system has recently been subjected to privatisation and commercialisation processes, it is of outmost importance to define the notion of public and private within the context of higher education, which is the main aim of this paper. Furthermore, it is necessary to place the higher education system within the framework of public and/or private and provide a thorough analysis of the dimensions relevant for all the interested parties in the domain of public administration, that is, its segment significant for the topic. The first part of the paper is, therefore, primarily focused on presenting the dimensions public/private to the interested parties, while providing relevant arguments regarding the topic, so valid approach in this segment of public administration is found by combining various interpretations. Some of the questions particularly interesting to the author are being discussed in the central part of the paper: in what way is the division on public/private evident in the Croatian higher education system, is higher education perceived as public service and to what extent is its development affected by the globalisation process? In the final part of the paper, certain conclusions are made based on the facts presented in the paper, which could be used for improving efficacy and effectiveness of the higher education system in Croatia.
{"title":"PUBLIC/PRIVATE DIMENSION AND ITS REFLECTION ON THE CROATIAN HIGHER EDUCATION SYSTEM WITH REGARD ON THE GLOBALISATION PROCESS","authors":"Jelena Dujmović Bocka","doi":"10.25234/eclic/11945","DOIUrl":"https://doi.org/10.25234/eclic/11945","url":null,"abstract":"The system of higher education is, most frequently, perceived as a part of public service which is justified by the fact it is commonly analysed from that point of view. Since the same system has recently been subjected to privatisation and commercialisation processes, it is of outmost importance to define the notion of public and private within the context of higher education, which is the main aim of this paper. Furthermore, it is necessary to place the higher education system within the framework of public and/or private and provide a thorough analysis of the dimensions relevant for all the interested parties in the domain of public administration, that is, its segment significant for the topic. The first part of the paper is, therefore, primarily focused on presenting the dimensions public/private to the interested parties, while providing relevant arguments regarding the topic, so valid approach in this segment of public administration is found by combining various interpretations. Some of the questions particularly interesting to the author are being discussed in the central part of the paper: in what way is the division on public/private evident in the Croatian higher education system, is higher education perceived as public service and to what extent is its development affected by the globalisation process? In the final part of the paper, certain conclusions are made based on the facts presented in the paper, which could be used for improving efficacy and effectiveness of the higher education system in Croatia.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129377595","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
For decades the Rule of Law has been emphasized as a core constitutional value common to all Member States of the European Union, although its substantial content was not precisely determined enough in the European context. Moreover it was defined as a multilayered value that encompasses other values such as democracy and fundamental rights, and it was under-lined as one of the most important conditionality criteria for the EU enlargement policy. The ongoing crises of EU values, and more precisely the Rule of Law crisis, appeared long before, but reemerged fiercely with the creation of the “illiberal state“ concept in Hungary and then in Poland. The EU has implicitly and more successfully, through the work of its institutions tried to compensate for the inadequate and a “a little too late“ reaction, as well as for the lack of monitoring in the previous enlargement circles. The aim of this article is to show how, the rule of Law was stressed as a leading value shaping democratic constitutions and national, as well as supranational, legal systems. It is important to demonstrate that the Rule of Law is not only “coined” for the EU or Council of Europe purposes, but that it is firstly a value that is in the core of each constitutional tradition of a sovereign state. Therefore, in order to be promoted as common and set as a strong and rigid condition for future members, it should be, pro futuro, analyzed, understood and endorsed by EU institutions on each level. Finally, we take Western Balkan countries as an example where the Rule of Law is defined as a value but also as a core basis of the Negotiation Chapters 23 and 24, determined in a more thorough and precise way than in the EU and among its Member States, where, we could agree, it should have been in the first place. We point out to the need of getting closer to its uniform understanding in and outside of the EU and therefore to the need to create a continuous and stable Rule of Law concept both substantially and formally.
几十年来，法治一直被强调为欧洲联盟所有成员国共同的核心宪法价值，尽管其实质内容没有在欧洲范围内得到足够精确的确定。此外，它被定义为包含民主和基本权利等其他价值观的多层价值，并被强调为欧盟扩大政策最重要的条件标准之一。欧盟价值观的持续危机，更确切地说，是法治危机，在很久以前就出现了，但随着匈牙利和波兰“非自由国家”概念的产生，它们又猛烈地出现了。欧盟通过其机构的工作，含蓄地、更成功地试图弥补不充分和“有点太晚”的反应，以及之前扩大圈子中缺乏监督。本文的目的是展示法治如何被强调为塑造民主宪法和国家以及超国家法律体系的主要价值。重要的是要证明，法治不仅是为欧盟或欧洲理事会(Council of Europe)的目的而“创造”出来的，而且首先是一种价值，它是一个主权国家每个宪法传统的核心。因此，为了促进共同，并为未来的成员国设定一个强大而严格的条件，它应该在未来得到欧盟各级机构的分析、理解和支持。最后，我们以西巴尔干国家为例，在这些国家，法治被定义为一种价值，同时也是谈判第23章和第24章的核心基础，以比欧盟及其成员国更彻底和精确的方式确定，我们可以同意，法治应该放在首位。我们指出，需要在欧盟内外更接近统一的理解，因此需要在实质上和形式上创造一个持续和稳定的法治概念。
{"title":"RULE OF LAW – EU’S COMMON CONSTITUTIONAL “DENOMINATOR” AND A CRUCIAL MEMBERSHIP CONDITION ON THE CHANGED AND EVOLUTIONARY ROLE OF THE RULE OF LAW VALUE IN THE EU CONTEXT","authors":"M. Vlajković","doi":"10.25234/eclic/11903","DOIUrl":"https://doi.org/10.25234/eclic/11903","url":null,"abstract":"For decades the Rule of Law has been emphasized as a core constitutional value common to all Member States of the European Union, although its substantial content was not precisely determined enough in the European context. Moreover it was defined as a multilayered value that encompasses other values such as democracy and fundamental rights, and it was under-lined as one of the most important conditionality criteria for the EU enlargement policy. The ongoing crises of EU values, and more precisely the Rule of Law crisis, appeared long before, but reemerged fiercely with the creation of the “illiberal state“ concept in Hungary and then in Poland. The EU has implicitly and more successfully, through the work of its institutions tried to compensate for the inadequate and a “a little too late“ reaction, as well as for the lack of monitoring in the previous enlargement circles. The aim of this article is to show how, the rule of Law was stressed as a leading value shaping democratic constitutions and national, as well as supranational, legal systems. It is important to demonstrate that the Rule of Law is not only “coined” for the EU or Council of Europe purposes, but that it is firstly a value that is in the core of each constitutional tradition of a sovereign state. Therefore, in order to be promoted as common and set as a strong and rigid condition for future members, it should be, pro futuro, analyzed, understood and endorsed by EU institutions on each level. Finally, we take Western Balkan countries as an example where the Rule of Law is defined as a value but also as a core basis of the Negotiation Chapters 23 and 24, determined in a more thorough and precise way than in the EU and among its Member States, where, we could agree, it should have been in the first place. We point out to the need of getting closer to its uniform understanding in and outside of the EU and therefore to the need to create a continuous and stable Rule of Law concept both substantially and formally.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130231567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Court proceedings in the field of medical law are currently a growing issue given the increasing migration of doctors and medical staff. Because of that fact, it is crucial to establish the standard of quality of health protection in the European Union (EU). Following the presentation of the existing levels of protection connected with the prevention of malpractice, the paper distinguishes between the legal documents of the EU and the Council of Europe because many documents related to health care and quality are adopted in the EU and in the Council of Europe. The general conclusion is that there is no uniform or cross-sectoral definition of quality in health care, however it has been found that important elements of health care quality include effectiveness, efficiency, access, safety, equity, appropriateness, timeliness, acceptability, satisfaction, patient responsiveness or patient-centeredness, and continuity of care. The health care aspect is analysed in the continental legal system and the common law legal system. The issue of causation is observed through different theories in the continental legal system and various case law examples in the common law legal system. The authors concluded that it would be preferable to adopt a theory of objective imputation as a legal standard for causation in criminal liability in medicine, because it analyses several possible causes in close or remote connection with the resulting consequence, i.e. said theory considers as relevant only the legal causes that result in a harmful event through the violation of due diligence. The paper primarily deals with criminal liability for malpractice, but it also presents the civil aspects in the states (for example the USA) which recognise only civil liability for malpractice.
{"title":"CAUSATION IN MEDICAL MALPRACTICE","authors":"Nina Mišić Radanović, I. Vukušič","doi":"10.25234/eclic/11927","DOIUrl":"https://doi.org/10.25234/eclic/11927","url":null,"abstract":"Court proceedings in the field of medical law are currently a growing issue given the increasing migration of doctors and medical staff. Because of that fact, it is crucial to establish the standard of quality of health protection in the European Union (EU). Following the presentation of the existing levels of protection connected with the prevention of malpractice, the paper distinguishes between the legal documents of the EU and the Council of Europe because many documents related to health care and quality are adopted in the EU and in the Council of Europe. The general conclusion is that there is no uniform or cross-sectoral definition of quality in health care, however it has been found that important elements of health care quality include effectiveness, efficiency, access, safety, equity, appropriateness, timeliness, acceptability, satisfaction, patient responsiveness or patient-centeredness, and continuity of care. The health care aspect is analysed in the continental legal system and the common law legal system. The issue of causation is observed through different theories in the continental legal system and various case law examples in the common law legal system. The authors concluded that it would be preferable to adopt a theory of objective imputation as a legal standard for causation in criminal liability in medicine, because it analyses several possible causes in close or remote connection with the resulting consequence, i.e. said theory considers as relevant only the legal causes that result in a harmful event through the violation of due diligence. The paper primarily deals with criminal liability for malpractice, but it also presents the civil aspects in the states (for example the USA) which recognise only civil liability for malpractice.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122404706","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
As part of its EU accession agenda, Republic of North Macedonia has performed series of reforms of its legal system in order to reach EU legal standards. As part of this agenda, improvement of the efficiency of the criminal trials was marked as highly relevant. New Law on Criminal Procedure, consisting many modern adversarial trial instruments, enacted in 2010, supposed to improve the efficiency of the Macedonian criminal trials. However, after a certain period we deem that it is necessary to reevaluate the effects of these reforms and their practical implementation. Hence, the author evaluates the Macedonian court’s practice of implementation of the defendant’s guilty plea during the main hearing of the criminal procedure together with the reasons for decline in the use of these instruments into the court’s practice. The main reasons for such decline of the implementation in practice can be located in several areas. Such areas are improper implementation of the law, legal imperfections together with the length of the criminal trials, lesser sanctioning policy and absence of proper instrument for providing of the expected sentence as an outcome from the bargaining procedure. However, besides these already known weak areas concerning the implementation of these instruments in practice the author has detected an additional problematic area about the factual support of the guilty plea during the main hearing. In addition, the author analyzes the practice of evaluation of additional evidence in case of guilty plea, and the amount and the quality of evidence provided by the prosecutor as support to the defendant’s guilty plea. Author concludes that there is a gap between the theoretical definitions of the guilty plea and its practical implementation, and provides practical proposals for improvement of the provisions of the Law on Criminal Procedure. He concludes that these amendments are necessary for proper implementation of the Law and of the protection of the defendant’s rights and pertaining the impression of just criminal procedure in cases when defendant pleads guilty.
{"title":"FACTUAL SUPPORT OF THE GUILTY PLEA AND SENTENCE BARGAINING DURING THE CRIMINAL PROCEDURE - THE MACEDONIAN EXPERIENCE","authors":"Boban Misoski","doi":"10.25234/eclic/11913","DOIUrl":"https://doi.org/10.25234/eclic/11913","url":null,"abstract":"As part of its EU accession agenda, Republic of North Macedonia has performed series of reforms of its legal system in order to reach EU legal standards. As part of this agenda, improvement of the efficiency of the criminal trials was marked as highly relevant. New Law on Criminal Procedure, consisting many modern adversarial trial instruments, enacted in 2010, supposed to improve the efficiency of the Macedonian criminal trials. However, after a certain period we deem that it is necessary to reevaluate the effects of these reforms and their practical implementation. Hence, the author evaluates the Macedonian court’s practice of implementation of the defendant’s guilty plea during the main hearing of the criminal procedure together with the reasons for decline in the use of these instruments into the court’s practice. The main reasons for such decline of the implementation in practice can be located in several areas. Such areas are improper implementation of the law, legal imperfections together with the length of the criminal trials, lesser sanctioning policy and absence of proper instrument for providing of the expected sentence as an outcome from the bargaining procedure. However, besides these already known weak areas concerning the implementation of these instruments in practice the author has detected an additional problematic area about the factual support of the guilty plea during the main hearing. In addition, the author analyzes the practice of evaluation of additional evidence in case of guilty plea, and the amount and the quality of evidence provided by the prosecutor as support to the defendant’s guilty plea. Author concludes that there is a gap between the theoretical definitions of the guilty plea and its practical implementation, and provides practical proposals for improvement of the provisions of the Law on Criminal Procedure. He concludes that these amendments are necessary for proper implementation of the Law and of the protection of the defendant’s rights and pertaining the impression of just criminal procedure in cases when defendant pleads guilty.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122548685","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A successful manager knows how to successfully lead a team, and the more satisfied the employees are, the more they are willing to contribute. The final result is a better company image in the market and positive economic performance indicators. Company profits when the organization continually invests in developing the business capabilities of managers to manage their teams. This paper contains managerial specific challenges, outlines the profile of an emotionally intelligent leader, and compares leadership styles in the context of EU, on the example of animation in Croatian tourism. The aim of the paper is to show how emotional intelligence influences the capabilities of animation team managers in business tasks. It will be pointed out how a manager can improve his or her emotional and communication skills. The animation manager develops emotional intelligence and communication skills by integrating technology into the business of his animation team. The descriptive method and method of compilation are used to define emotional intelligence in european practice. Questionnaire is made for analysis, to detect how significant is correlation between development of emotional intelligence and usage of information-communication technology in an animation.
{"title":"MULTIDISCIPLINARY APPROACH TO MANAGING ANIMATION TEAM IN EUROPEAN BUSINESS CONTEXT","authors":"Dino Bruza, Andreja Rudančić, J. Glavaš","doi":"10.25234/eclic/11934","DOIUrl":"https://doi.org/10.25234/eclic/11934","url":null,"abstract":"A successful manager knows how to successfully lead a team, and the more satisfied the employees are, the more they are willing to contribute. The final result is a better company image in the market and positive economic performance indicators. Company profits when the organization continually invests in developing the business capabilities of managers to manage their teams. This paper contains managerial specific challenges, outlines the profile of an emotionally intelligent leader, and compares leadership styles in the context of EU, on the example of animation in Croatian tourism. The aim of the paper is to show how emotional intelligence influences the capabilities of animation team managers in business tasks. It will be pointed out how a manager can improve his or her emotional and communication skills. The animation manager develops emotional intelligence and communication skills by integrating technology into the business of his animation team. The descriptive method and method of compilation are used to define emotional intelligence in european practice. Questionnaire is made for analysis, to detect how significant is correlation between development of emotional intelligence and usage of information-communication technology in an animation.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"8 Suppl 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127772179","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Accepting the fact that a person can be tried without being personally notified is one of the great concessions that the right to a fair proceeding makes to the public interest and the efectiveness of criminal trial. However, the remedy for such a possibility must be itself effective and it is one of the real challenges of the EU states. This is because sometimes it is very difficult to determine, objectively, whether a person has really been out of criminal proceedings or he is just letting it to be believed. So, we are talking about a series of rights and interests in conflict. As we stated, the celerity of the proceedings, finding the truth, the security of the final decisions, the defense and the fair trial. All these problems are encountered when the issue of the judgment in absentia and its remedies are raised. So, the central goal of our paper is outlining the concept of contumacy and observing the Romanian legal order specificities. In Romanian procedural system, the trial can be held in absentia, if the accused is not found at the legal or known residence. The prosecutor or the judge must perform reasonable efforts to find the offender, by carrying out investigations in the labor registers, or at the detention places. However, the person still can not be located by the authorities. The summons are communicated, and the procedure is legal even they are not personally received. As a rule, in Romania, the importance of personal participation in criminal trials is very high. If the defendant is absent and found guilty, the judge has very less posibilities of sentencing without deprivation. The person identified by the police in any state is arrested and the question of his extradition is raised. In which cases Romanian system enables the reopening of the proceedings? We will We also intend to analyze, briefly, the conclusions of a recent decision of the Romanian Constitutional Court, which requires that, after admitting the request to retrial, the file should resume from the moment of challenging the lawfulness of the investigation, which, in the Romanian system, is prior to the trial of the case.
{"title":"REMEDIES FOR THE TRIAL IN ABSENTIA - THE RECENT ROMANIAN EXPERIENCES","authors":"A. Stan","doi":"10.25234/eclic/11920","DOIUrl":"https://doi.org/10.25234/eclic/11920","url":null,"abstract":"Accepting the fact that a person can be tried without being personally notified is one of the great concessions that the right to a fair proceeding makes to the public interest and the efectiveness of criminal trial. However, the remedy for such a possibility must be itself effective and it is one of the real challenges of the EU states. This is because sometimes it is very difficult to determine, objectively, whether a person has really been out of criminal proceedings or he is just letting it to be believed. So, we are talking about a series of rights and interests in conflict. As we stated, the celerity of the proceedings, finding the truth, the security of the final decisions, the defense and the fair trial. All these problems are encountered when the issue of the judgment in absentia and its remedies are raised. So, the central goal of our paper is outlining the concept of contumacy and observing the Romanian legal order specificities. In Romanian procedural system, the trial can be held in absentia, if the accused is not found at the legal or known residence. The prosecutor or the judge must perform reasonable efforts to find the offender, by carrying out investigations in the labor registers, or at the detention places. However, the person still can not be located by the authorities. The summons are communicated, and the procedure is legal even they are not personally received. As a rule, in Romania, the importance of personal participation in criminal trials is very high. If the defendant is absent and found guilty, the judge has very less posibilities of sentencing without deprivation. The person identified by the police in any state is arrested and the question of his extradition is raised. In which cases Romanian system enables the reopening of the proceedings? We will We also intend to analyze, briefly, the conclusions of a recent decision of the Romanian Constitutional Court, which requires that, after admitting the request to retrial, the file should resume from the moment of challenging the lawfulness of the investigation, which, in the Romanian system, is prior to the trial of the case.","PeriodicalId":448091,"journal":{"name":"EU 2020 – lessons from the past and solutions for the future","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128758166","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：