• Tribuna Juridica

Juridical Tribune Journal
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  • Much ado about the Post-Chicago School

    In the middle of the 80s, an economic approach, that brings together a group of academics that stand out by the harsh criticisms to the approach of the School of Chicago towards competition, arouses interest among the scholars. This school will call into question some of the foundations and justifications presented by the Chicago School, by questioning, in first place, the single monopoly profit theory. In this sense, these authors will develop a set of models designed to demonstrate that the monopolist in the primary market has incentives to monopolize the secondary market. This School will also analyse the vertical restraints, standing out the development of Raising Rivals' Costs Theory and offer an explanation for free-riding. The Chicago School, on the other hand, is a coherent and heterogeneous economic school, responsible for the theory of oligopoly and collusion, which, by advocating the criminalization of price fixing, proceeded to analyse the anticompetitive effects of predatory pricing and various restrictions vertical. In this paper, we aim at demonstrating that the roots of the Post-Chicago School go back to the Chicago School, highlighting the contributions of Director and Levi in the construction of the Raising Rivals' Cost Theory and, considering the connection between the Chicago school and Transaction Costs Economics, the most complete empirical analysis of this theory led by Elizabeth Granitz and Benjamin Klein. The continuous omission of the Transaction Costs Economics, considering the steadiness between both, is one of the most negative aspects of this school, which can only be explained by the fact that heterogeneity of the Chicago School and Transaction Costs Economics unmask much of the criticism knitted. Post-Chicago School, as we will conclude, will be incapable of thwarting the ideological premises of the Chicago School

  • Overview on the legal instruments of the Council of Europe in the field of administrative law

    The interest in administrative justice has been growing in many countries recently. At the core of an accountable and transparent administration is the right to effectively challenge acts and decisions that affect civil rights and obligations, and so also the daily life of individuals. Effective means of redress against administrative decisions require a functioning system of administrative justice that provides fair trial guarantees. Administrative justice is not limited to the guarantee of citizens’ rights. Its justification also lies in the necessity to defend the public interest and to guarantee a balance between individual rights and the public interest. An administrative-court proceeding should be public, held within a reasonable time, undertaken by an independent and impartial tribunal established by law, and result in an enforceable judgment that shall be pronounced publicly. In addition to interpreting the rights, the Strasbourg Court has pointed out that it must be borne in mind that the European Convention on Human Rights (ECHR) is intended to guarantee rights that are practical and effective. This paper will analyze the certain provisions of the European Convention on Human Rights regarding mainly with the right to a fair trial and the right to an effective remedy and will try to give a concise retrospective to some of the most interesting cases of administrative nature decided by the European Court of Human Rights. Further, it will emphasize the framework of the Council of Europe of existing and applicable recommendations in the area of administrative law starting with alternative ways of resolution of administrative disputes and giving closure with execution of administrative and judicial decisions

  • Protecting the rights of foreigners to investment in Ukraine - attractive land plots

    The normative legal acts that define the basic guarantees and which are based on protection of foreign investments in Ukraine are analyzed. The emphasis is on the special legal regime of economic activity in the special (free) economic zones, on the territory of which are implemented preferential customs, monetary, financial, tax and other conditions of economic activity of foreign legal entities and individuals. It is determined that industrial parks are one of the most common types of special economic zones. The procedure of acquiring ownership of land plots, which is planned to be used for creation and functioning of the industrial park and subjects of the special regime of management within the industrial park, is considered

  • The impact of the new Chinese Foreign Investment Law 2019 on the administrative legal system governing foreign investments and implications for the investment relations with Lusophone Markets

    In March 2019, China revamped its domestic legal regime governing foreign investments with a new Foreign Investment Law that will enter into force in 2020 (‘FIL- 2019’). The paper examines how the new law impacts the administrative control of foreign investments in China. Given the past approach of China, using administrative legal measures in diverse legal instruments to regulate foreign investments, how the FIL 2019 abolishing/consolidating those instruments increases or decreases the scope of administrative control of foreign investment is an intriguing question facing foreign investors and administrative law scholars alike. In a similar vein, the potential implications of the new FIL 2019 upon specific foreign investment relations becomes equally significant. The FIL 2019 could not only trigger new reciprocity concerns viz-a-viz certain host states of Chinese outward investments, but also may demand the revision of some existing Chinese BITs with foreign states. The paper makes a brief reference regarding the general implications of the new law upon the investment relations with specific Lusophone host markets (for which, Macau SAR is the official facilitator of Economic Relations). Based on the findings, the paper concludes with a discussion on some future course

  • The EU Arctic policy and its critique: a view under Tocci's theory on foreign policy and normative power (Part 1)

    What is the role of the European Union (EU) in the Arctic region? On what basis does it claim influence and/or authority (if any) over part of this vast area of the world? What can we learn about EU Arctic policy, tools and instruments adopted so far? Is the EU a normative foreign policy actor as described by Tocci's theory? What factors do influence the adoption and validity of EU policies in this region? This study tries to reply to all these questions casting a light over an area of great geostrategic importance and at the crossroads of historic developments. In a first part we study the current EU Arctic policy and assess its strength and weaknesses according to literature. In a second part we summarize Tocci's theory on kinds of normative policy actors and examine what kind of power is the EU exercising in the region

  • Two faces of 'international administrative law

    The term "international administrative law" (diritto amministrativo internazionale, droit administratif international, internationales Verwaltungsrecht) remains an enigma of public law. Since the 1900s, the term has been traditionally understood in two different ways. On one hand, some authors (J. Gascón y Marín, P. Kazansky, A, Rapisardi- Mirabelli) used this term regarding the administrative competencies of those various "international administrative unions". On the other hand, other authors (P. Fedozzi, K. Neumeyer, G. Biscottini) used the term to exclusively refer to the norms of national administrative law, which address certain foreign elements; i.e. as a parallel to the discipline of international private law. This article deals with these two different understandings of "international administrative law" and with their impact for recent developments in legal scholarship. The article also addresses currently renewed interest in the "international administrative law" and its consequences for the newly established doctrine of "global administrative law

  • Compensation of damages to victim of criminal offence under Criminal Procedure Code of Ukraine

    A significant number of criminal offenses affects the life, health or property of citizens, accompanied by physical, property or moral harm. It must be admitted that the most important right of a victim in a criminal procedure is the right to compensation for damages caused by criminal offenses. Today, in Ukraine, the legal regulation of the victims’ right to compensation is not in line with constitutional guarantees, therefore measures from the state to strengthen these guarantees are relevant. In this view, international instruments that regulate the compensation for victim in the criminal procedure are analyzed, as well as the practice of developed countries. The evolution of the Ukrainian legislation concerning compensation to the victim in the criminal process is described.The difference in the terminology of international acts, acts of developed states and Ukrainian legislation in relation to compensation to victim is revealed. It is concluded that it is worthwhile to use the term "compensation". It is noted that Ukraine needs to take into account the experience of foreign countries in compensating for the harm caused to victim in a criminal procedure at the expense of the State budget. This mechanism can be implemented by creating a State Victim Assistance Fund that would function as a specific credit institution

  • The financial independence of the Romanian Parliament

    Romania is a unitary state and constitutional democracy5 organised under the principle of the separation of powers between the three branches of government – legislative, executive, and judicial – and the checks and balances between them. Since its creation in 1862, the Romanian Parliament has traditionally been a bicameral legislature, except during the communist era, a period during which it only had a single house. The desire to put an end to the top-down policies that characterised the communist era was an impetus for Romanian voters to return the legislature to its former bicameralism by recasting the Romanian Parliament as a legislature composed of two houses, the House of Representatives and the Senate.6 Senators and representatives are elected to four-year terms by universal suffrage in free, secret, and equal popular elections. Both representatives and senators are elected via the same voting mechanism, that is, by partylist proportional representation.7 The manner in which the two houses are organised and function, as well as their funding, is set out in the Constitution and in a number of legislative and regulatory texts. In a first part (1), this article will analyse the rules for creating, implementing, and auditing the budgets of the two houses – which are the result of a patchwork of laws and regulations governing the Romanian Parliament – setting the stage, in a second part (2) for the evaluation of the quantitative change in the two houses’ budgets, as well as the different ways of overseeing their spending

  • Controversies traced out in the definition of prostitution in the Moldovan legislation

    Practicing prostitution in the Republic of Moldova is an administrative offence. Thereat, any attempts of enticing, coercing or facilitating engagement of a person into practicing prostitution is regarded as an offence of pimping. Likewise regarded as an offence of pimping is the case when the offender is taking advantage of recruiting certain persons into practicing prostitution. In October 2018, the Parliament of the Republic of Moldova proceeded to pass a law giving the following definition to the notion of "prostitution" – gratification of sexual desire of a person by any method and/or means in return for money, including such as the use of information technologies or electronic means of communication. Thereat, one could derive that dissemination of the erotic webcam performances via the Internet for certain category of website visitors against payment might constitute prostitution. Clearly highlighted in present article was the fact that the like activities constitute pornography rather than prostitution. Prostitution require a physical contact. The authors have demonstrated that the definition of prostitution provided by the law contravenes to the case law of the Constitutional Court of the Republic of Moldova as well as to some of the regulations passed under the auspices of the Council of Europe and European Union. Finally, the authors suggested a new wording for the notion of prostitution, i.e.: engaging in sexual activity with different individuals benefiting on the services provided by female or male prostitutes, the latter thus pursuing to acquire the means of subsistence or the main source of livelihood

  • Problems of implementation of whistleblower institution in Ukraine

    The article deals with the study of problems regarding prevention of corruption. Based on the studies of national and foreign research papers, the authors proved that such problems became the most urgent themes of modern scientific researches. The origin of the concept of "corruption" was analyzed; it has been stated that different approaches to the definition of corruption are based on legal or normative aspects, and those based on social aspects are different from those based on the understanding of the public service and social interests. It has been proved that one of the most effective tools for combating corruption in the world is using whistleblowers. The main problems of whistleblowers implementation in Ukraine were studied. It has been noted that Ukrainian society ambiguously perceives the whistleblowers institution. Rejecting of corruption whistleblowers by the society negatively affects the effectiveness of preventing this phenomenon. The authors have analyzed social and political problems concerning creation of anti-corruption court in Ukraine and its possible positive influence on the effective process of combating corruption

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