Perspectives of Law and Public Administration
Volume 11, Issue 2, June 2022
Table of Contents
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PhD. Cristina Elena POPA TACHE
1. PUBLIC INTERNATIONAL LAW AND FINTECH CHALLENGES➤Abstract: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.
Keywords: fintech, treaties, industry, public international law.
JEL Classification:G23, G29, E59, K33
Page 218 - Senior lecturer Jean Chrysostome KANAMUGIRE
2. THE REGULATION OF FINANCIAL MARKETS FOR LOW-INCOME EARNERS IN SOUTH AFRICA➤Abstract:Many low-income earners have financial challenges and experience over-indebtedness in their activities as they do not have access to formal financial institutions. They often acquire loans in informal sectors where they pay high interest rates. The individuals who qualify for such loans are those who have salaries or receive social grants from the government. Access to regular income serves as a guarantee to secure a loan from money lenders. The individuals lack access to formal banking institutions because they are unable to fulfil the banks’ stringent requirements. They often need money to maintain their lifestyle or cover financial obligations for their relatives. They require huge amounts of money to settle loans they obtained to cover their living expenses and other materials. Micro lending is regulated both in international law and in South Africa. The National Credit Act promotes responsible borrowing and prohibits over-indebtedness. It protects the rights and responsibilities of both consumers and credit providers. There are additional costs for persons who buy on credit, including initiation fee, service fee, credit insurance and interest rates. Creditors can use emolument attachment orders to recover their moneys from the borrowers or consumers. Courts supervise the emolument attachment orders and safeguard fairness to both parties. Over-indebtedness leads individuals to live in debt spirals and experience financial distress. There is a need to regulate the financial market for low-income earners to ensure that they do not become over-indebted. Some measures, such as regulation of interest rates, are needed to protect low-income earners in the financial market.
Keywords:financial market, low-income earner, over-indebtedness, micro lending, interest rates.
JEL Classification:K12, K22, K33
Page 226 - Professor Ismail ZEJNELI; Assistant professor Vedije RATKOCERI
3. OVERVIEW OF PREVENTING AND COMBATING ORGANIZED CRIME➤Abstract: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.
Keywords: criminal law; organized crime; criminal policy; national security; criminology.
JEL Classification:K14
Page 241 - Lecturer Raluca Antoanetta TOMESCU
4. THE FINANCIAL LEASING MARKET FROM THE PERSPECTIVE OF CURRENT LEGAL REALITIES➤Abstract:Leasing has established itself as one of the most profitable means of financing productive investments, bringing more security to those who do not have enough capital. The benefits that leasing operations bring to the parties involved are evidenced both by the practical results that they have had over time and by the rise that leasing has had in the capital markets of the world economy. The dynamics of social development, but also the specific expansion of a market economy in a continuous process of restructuring, amid economic, social and institutional changes, require a reform of national legislation, in line with current realities and the goal of achieving a European and international economic and monetary unit. The modeling of the current legislative framework, in accordance with the requirements of society, will have as its main interest, not only to provide adequate and immediate solutions to economic and social realities, but also to eliminate legal traditions that have destabilized this market segment in recent years. For this reason, I structured my study, presenting a series of imperfections of the law that have negatively influenced the evolution of leasing in recent years.
Keywords: leasing operations, financier, lessor, use, lessee, contact.
JEL Classification:K22
Page 246 - Associate professor Elise-Nicoleta VÂLCU
5. “EU INVEST PROGRAM” - FINANCING UNION MECHANISM OF MEMBER STATES FOR POST-PANDEMIC ECONOMIC RECOVERY➤Abstract: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.
Keywords: InvestEU Program, fund, financing, contribution agreement, guarantee agreement, counseling agreement.
JEL Classification:K22, K33
Page 252 -
Associate professor Rodica Diana APAN
6. ISSUES REGARDING THE DISSEMINATION OF INFORMATION IN THE CREDIT RISK CENTER TO THE REVIEWED PERSON➤Abstract:In the field of credit for consumption, the priority is, in granting the loan, to stave off the temptation of potential borrowers to borrow for the purchase of a large number of goods and services, as well as that of professional creditors, to enforce their own clientele by granting loans. The aspects shown in ut supra had as a consequence the elaboration of some systems for the substantiation of the decision to grant the loan or the one to refuse to grant it, based on an analysis carried out by the creditor both in his interest and that of the debtor. This is because, for the first, the risk of non-recovery of the loan is reduced, and for the second, the risk of non-repayment of the loan or of over-indebtedness is reduced.This article analyzes the regulation in the field of Central Credit Risks and, the analysis perspective is a novel one: to what extent the benefit of disseminating the information registered in the CRC to the declarants - credit institutions on their own initiative or at the request of the latter, it would be necessary to extend it to the reviewed persons - natural or legal persons to whom credit has been granted. The present study represents a plea for any situation of dissemination by the CRC of the information registered here to the declarants - credit institutions, to be distributed, at the same time, to the persons reviewed - natural or legal debtors, on the grounds of informing them in order to protect against the risks of non-repayment of the loan and over-indebtedness.
Keywords: central credit risks; the reporting person, the reviewed person; credit risk; over-indebtedness.
JEL Classification:K23, K35
Page 260 - MA.sc. Adnan THAQI; MA.sc. Shkodran REXHAJ
7. THE ROLE OF THE EU DURING NATO MILITARY INTERVENTION➤Abstract: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.
Keywords: EU, NATO, Contact Group, military intervention, etc.
JEL Classification:H83, K33
Page 268 - LLM. Thandi Antonia MDLULI; Professor Kola O. ODEKU
8. PERSPECTIVE ON THE IMPLEMENTATION OF THE TRANSFORMATIVE CHILD MAINTENANCE INTERVENTIONS IN SOUTH AFRICA➤Abstract:This paper examines the implementation of transformative child maintenance interventions in South Africa specifically addressing maintenance issues and the significant role the judiciary is playing in the interpretation and delivery of judgements in maintenance related matters. The paper accentuates that parents have an obligation to provide for their children and the obligation is continuous until the child attained adulthood and self-dependency even if the relationship between the parents is no longer in existence.
Keywords: child care, parents, justice system, maintenance officers, South Africa.
JEL Classification:K30, K33, K38
Page 273 - Lecturer Anamaria GROZA
9. PRACTICAL CONSIDERATIONS ON THE ADMISSIBILITY OF THE PLEA OF ILLEGALITY IN ADMINISTRATIVE LITIGATION➤Abstract: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.
Keywords: plea of illegality, administrative acts, judicial review of administrative acts, inadmissibility, imprescriptibility, res judicata.
JEL Classification:K23, K41
Page 287 - Professor Howard CHITIMIRA; Doctor Friedrich HAMADZIRIPI; Candidate attorney Kesaobaka N MOPIPI
10. RECONCEPTUALISING THE FOCUS OF CORPORATE SOCIAL RESPONSIBILITY INITIATIVES TO ADDRESS THE DIGITAL DIVIDE IN SOUTH AFRICA DURING THE COVID-19 PANDEMIC➤Abstract:One of the objectives of the Organisation for Economic Co-operation and Development’s (OECD) Principles of Corporate Governance is to create an inclusive society by nurturing a commercial environment rooted in trust, transparency and accountability. In creating a socially inclusive environment, the acceleration of the fourth industrial revolution (4IR) and its applicability in South African companies must be borne in mind. This acceleration has precipitated a shift in the manner in which South African businesses operate in several ways. For example, various South African companies have embraced several digital technologies such as artificial intelligence and machine learning. The use of these technologies has highlighted the inequality that has plagued South African companies. Additionally, the Coronavirus disease (COVID-19) has widened the digital divide in South African companies. This article highlights the importance of South African companies incorporating information and communications technology (ICT) infrastructure as a key corporate social responsibility (CSR) initiative. The article further argues that CSR initiatives targeting ICT infrastructure could benefit the South African economy and society during the COVID-19 pandemic. In this regard, the authors will demonstrate how the stakeholder approach is vital for corporate growth in South Africa. The authors also argue that concerted efforts by companies to build more ICT infrastructure could lead to a more inclusive society which could promote an efficient economy that attracts investors and enhances domestic and international trade.
Keywords: corporate social responsibility; information and communications technology; stakeholder inclusivity; fourth industrial revolution.
JEL Classification:K22, K24
Page 294 - Lecturer Ioan TOMESCU
11. DESIGNATION OF ORIGIN AND GEOGRAPHICAL INDICATIONS➤Abstract: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.
Keywords: geographical indications, designation of origin, commercial competition, consumers, product promotion, intellectual property protection.
JEL Classification:K23, K33
Page 306 - PhD. student Lucica TUDORAN; PhD. student Anis BENABED
12. THE INFORMATICS INTEGRATED SYSTEM FOR THE ROMANIAN CIVIL STATUS DOCUMENTS – PRACTICAL CONSIDERATIONS AND APPLICABILITY TO THE CONSULAR OFFICES OF ROMANIA➤Abstract:Romanian public administration (The Ministry of Interior) is involved in a huge project meant to computerize most of the public activity. This ambitious project is meant to create an informatics system putting together all the Romanian civil acts regarding the four-life events birth, marriage, divorce and death. This paper aims to study how the Romanian authorities are managing this digital process and what is the level of implementation of this project together with its applicability to the Romanian consular sector, which represents nowadays one of the greatest Romanian civil administrations, due to the massive well-known Romanian immigration. It should be said that there is no literature in this field and everything that will be written in this article is based on online open sources and the personal vision on this matter. The methods utilized are therefore the qualitative and quantitative analyses of data found in public sources: legislation, press releases or official sources (internet pages of the public institutions). The global vision that wants to transmit this article is a pragmatic one. Behind any abstract analyses of how things could be done better, we should determine concrete that could really work in the sector.
Keywords: informatization, civil acts, digitalization, consular.
JEL Classification:K23, K24
Page 312 - Lecturer Aurel Octavian PASAT
13. THE DEVELOPMENT, PURPOSE, AND TASKS OF FORENSIC SCIENCE➤Abstract: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.
Keywords: forensic science, purpose of forensic science, methods, tools, techniques, task of forensic science.
JEL Classification:K14
Page 324 - Lecturer Ovidiu-Horia MAICAN
14. REGULATIONS REGARDING ILLEGAL LOGGING➤Abstract:Illegal logging is a global concern, related with severe negative environmental, social and monetary impacts, such as deforestation, degradation of biodiversity and loss of authorities revenues. Despite recent global eforts to combat unlawful logging activities, the problem stays widespread. While the educational literature on the subject is extensive, little systematic research has been committed to analysing the reasons of unlawful logging. Here, this knowledge gap is addressed with a cross-national evaluation of elements hypothesized to have an effect on illegal logging. The logistic regression evaluation performed in this find out about corroborates some widely held beliefs, but additionally gives some new insights on the elements that are essential for whether unlawful logging is in all likelihood to be a problem. It is shown that, except physical-geographic characteristics, a number of elements relating to the level and velocity of a country’s economic-institutional improvement are related with unlawful logging. These include gross domestic product per capita, financial growth, voice and accountability, rule of regulation and control of corruption.
Keywords: logging, forests, European Union, United States of America, international cooperation.
JEL Classification:K33
Page 334 - PhD. Lidia-Lenuta BĂLAN; PhD. student Lavinia Monica DAN
15. PUBLIC-PRIVATE PARTNERSHIP ESSENTIAL TOOL FOR GREEN DEAL➤Abstract: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.
Keywords: climate change, environment, greenhouse gas emissions, public-private partnership.
JEL Classification:K23, K32
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