Perspectives of Law and Public Administration
Volume 14, Issue 2, June 2025
Table of Contents
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- 1. Precautionary, Preventive Action, Priority Rectification at Source and
Polluter Pays: Core Principles of Environmental Liability
Professor Cristina ARAGÃO SEIA
▼Abstract▼This article explores the foundational principles that underpin the legal framework of environmental liability: the precautionary principle, the preventive action principle, the principle that environmental damage should be rectified at source, and the polluter pays principle. The study provides a critical analysis of their genesis in international legal instruments and examines how they have been transposed and operationalized within the legal frameworks of the European Union and Portugal, with a particular focus on Directive 2004/35/EC on environmental liability. It further examines the transposition of these principles into Portuguese law, evaluating their normative content, legal implications, and practical application. Drawing upon a systematic review of legal literature and pertinent jurisprudence from international and Portuguese courts, the article analyses the interpretative challenges and enforcement dynamics linked to these principles. It contends that the sound application of these principles is crucial not only for safeguarding the environment but also for enhancing legal certainty, economic responsability, and intergenerational equity. The article ultimately contributes to the ongoing scholarly debate on the effectiveness and justiciability of environmental principles in contemporary legal systems.
Keywords: environmental liability, precaution, prevention, polluter pays, EU law.
JEL Classification:K32
DOI: 10.62768/PLPA/2025/14/2/01
HOW TO CITE - Please cite this article as: Aragão Seia, Cristina, „Precautionary, Preventive Action, Priority Rectification at Source and Polluter Pays: Core Principles of Environmental Liability”, Perspectives of Law and Public Administration 14, no. 2 (June 2025): 222-253.
- 2. Combating (Customs) Fraud in a Global Environment Marked
by Tariff Tensions
Professor Florin TUDOR▼Abstract▼The current tariff policy adopted by the US, with a protectionist approach, generates tensions among trading partners who are forced to react through the specific means recommended by the WTO to reduce the negative effects of unfair competition. To escalate trade conflicts, China, Canada, the EU, and other affected states responded immediately by taking decisions that are to be implemented, imposing similar tariffs on products originating in the US, generating economic uncertainty and a possible impact on supply chains. This ongoing global tariff conflict risks an escalation of smuggling and customs fraud, which tend to become more sophisticated. The central hypothesis of the research focuses on the impact of the measures that the EU is forced to adopt and to what extent they will support public authorities in combating the criminal phenomenon. The research method is based on a mixed methodology, combining quantitative analysis of global economic data and qualitative analysis of international trade policies. The analysis confirmed the formulated hypothesis, demonstrating that the aggressive tariff policy of the US can generate chain reactions that will lead to an erosion of the current framework of multilateral cooperation. This global economic recession requires the European Union to reconceptualize the entire package of normative acts regarding the common commercial policy and combating customs fraud through trade defense measures.
Keywords: tariff policy, common commercial policy, customs policy, restrictions, fraud.
JEL Classification: F440, K220, K420
DOI: 10.62768/PLPA/2025/14/2/02
HOW TO CITE - Please cite this article as: Tudor, Florin, „Combating (Customs) Fraud in a Global Environment Marked by Tariff Tensions”, Perspectives of Law and Public Administration 14, no. 2 (June 2025): 254-265.
- 3. The Limitation Period in EU Competition Law
Professor Dubravka AKŠAMOVIĆ; Assistant professor Lidija ŠIMUNOVIĆ
▼Abstract▼Article examines the limitation periods for imposing and enforcing fines under EU competition law. Addressed topic has great practical significance for effective enforcement of EU competition rules. On one side, rules on limitation period constraint the EU Commission’s authority to impose fines for breaches of Article 101 and 102 of TEFU for indefinite time. On other side, rules on limitation period uphold rule of law by ensuring legal certainty and protecting undertakings from indefinite liability. Basic rules regulating limitation period for Competition law infringement are contained in Regulation 1/2003. Article 25 and 26 or Regulation 1/2003 define, among others, starting and ending date of limitation period, acts that suspend or/ and interrupt limitation period, special deadlines for commencement of limitation period in bid rigging cartels, etc. Although those rules are generally clear and precise, different issues arose with regard to proper application of those rules in practice. Such is for example precise determination of starting date of limitation period, type of acts or actions of the Commission that interrupt limitation period, application of Articles 25 and 26 of the Regulation 1/2003 by the national competition authorities, etc. In that context, the purpose of this paper is to provide a detailed and systematic analysis of the relevant provisions in EU law and landmark EU law cases dealing with the limitation period. Such analysis will contribute to research on the topic and provide guidance to legal practitioners in responding to challenges in application of EU rules on limitation period.
Keywords: limitation period, competition infringement, fines, business law.
JEL Classification: K22, K33DOI: 10.62768/PLPA/2025/14/2/03
HOW TO CITE - Please cite this article as: Akšamović, Dubravka Lidija Šimunović „The Limitation Period in EU Competition Law”, Perspectives of Law and Public Administration 14, no. 2 (June 2025): 266-282.
- 4. A Topical Discussion - Digitalisation of Public Administration
and Public Services in Romania
Associate professor Marta-Claudia CLIZA
▼Abstract▼Nowadays, we cannot deny the influence of technology and fast communication services in everyday life. We are increasingly trapped in a digital world, where information flows at breakneck speed and human interaction is gradually being replaced by the filter of technology. In this context, not only human interaction is affected, but also the citizen's relationship with the administration, which takes on a new dimension from day to day. We are no longer talking about the famous « storage binder folder », but we upload documents and requests that we send electronically, expecting that in this dizzying pace of communication we will be answered quickly and efficiently. Therefore, questions arise and we will try to answer them: how prepared is the administration for the digital switchover? How can such measures be implemented in the administration? Measures in this direction have been taken so far, but the reality is that no matter how quickly the administration reacts to these challenges, it will have to adapt to a new digital society.
Keywords: public administration, public services, digitalisation, digital solutions, digitized public services, efficiency, transparency.
JEL Classification: K22, K23, K24DOI: 10.62768/PLPA/2025/14/2/04
HOW TO CITE - Please cite this article as: Cliza, Marta-Claudia, „A Topical Discussion - Digitalisation of Public Administration and Public Services”, Perspectives of Law and Public Administration 14, no. 2 (June 2025): 283-293.
- 5. The Significance of the South African Municipal Water Bylaws in
Fostering the Right to Clean Water
LLM. Candidate Mmereki LEGODI; Professor Kola O. ODEKU
▼Abstract▼The article examines the effectiveness of municipal water bylaws as a potential tool for providing and delivering portable water to the local community in South Africa. It explores the differences between policy objectives and actual outcomes in local government, identifying weaknesses in both the legal rules and the implementation capacity at this level. It considers the importance of financial stability and community involvement in effective water governance within the local sphere. The ultimate goal of this article is to offer information that may be used to enhance municipal water ordinances, which will enhance the delivery of water services and safeguard public health in the South African local government. To this end, the article looks at the legal remedies stemming from the failure of entities tasked with providing water services. The article provides a clear and succinct explanation of municipal water bylaws, effective management and supply of drinkable water, ecological usage and water conservation, the significance of their existence and the role they play in securing the constitutional right to enough water as outlined in the Constitution. Methodologically, a literature review approach was deployed and used. Contents of germane documents in the study area were applied in order to show how bylaws can be used effectively as a catalyst for providing and delivering potable drinking water in the local government system in South Africa.
Keywords: clean water, municipal bylaws, access, legal frameworks, South Africa.
JEL Classification: K30, K33, K38DOI: 10.62768/PLPA/2025/14/2/05
HOW TO CITE - Please cite this article as: Legodi, Mmereki Kola O. Odeku, „The Significance of the South African Municipal Water Bylaws in Fostering the Right to Clean Water”, Perspectives of Law and Public Administration 14, no. 2 (June 2025): 294-311.
- 6. National and European Legislative Mechanisms for Consumer Protection
in Financial-Banking Matter
PhD. George-Bogdan IONIȚĂ
▼Abstract▼This study aims to analyze the national and European legislative mechanisms for consumer protection in banking matters. In this regard, the first research objective will aim to analyze the notions of "consumer", "professional", "creditor" or "unfair terms" as well as the means of consumer protection (general framework). The second research objective will aim to observe, in financial and banking matters, the obligations of creditors (usually banking institutions) that they must respect towards consumers of banking services, in the case of concluding credit contracts, both in the pre-contractual phase and after the conclusion of the contract. In preparing the study, the relevant and updated national and European legislation as well as existing specialized studies on the subject will be used.
Keywords: consumer, creditor, professional, unfair terms, credit contract.
JEL Classification: K12, K15DOI: 10.62768/PLPA/2025/14/2/06
HOW TO CITE - Please cite this article as: Ioniță, George-Bogdan, „National and European Legislative Mechanisms for Consumer Protection in Financial-Banking Matter”, Perspectives of Law and Public Administration 14, no. 2 (June 2025): 312-324.
- 7. Immunity Ratione Materiae in Action: Analysing a Former US President
Trial Before the US Supreme Court and the Nature of Official Acts with
Regard to the Arrest Warrant Case
Associate professor Paul S. MASUMBE
▼Abstract▼The United States (US) Supreme Court reversed the decisions of the lower courts by a 6-3 majority in favour of granting absolute immunity from criminal prosecution to former President Donald Trump from his conclusive and preclusive authority. The issue before the Court was whether a former president enjoys immunity for conduct involving official acts committed during his term in office and, if so, to what extent. While a minority of the Justices dissented on the fact that a former President enjoys no such immunity, the majority concurred that he enjoys immunity for official acts. The article examines the decision of the US Supreme Court regarding immunity ratione materiae and whether the decision is consistent with the rules of customary law granting such immunity. Since the issue of the President's official acts is still a significant concern, this article attempts to draw the line between official and unofficial acts. In other words, this article examines the following questions: (i)To what extent does the United States Supreme Court's decision grant criminal immunity to a former President for official acts committed while in office?; (ii) Is the Supreme Court's interpretation of presidential immunity consistent with the principles of customary international law, particularly immunity ratione materiae? And (iii)How can the distinction between official and unofficial acts of a President be legally and practically delineated? It argues that the nature of this immunity for a former president requires that such actions should be official and private, provided they are perpetrated while in office. It further argues that an act may not be unofficial merely because it is unconstitutional and violates applicable law. With lessons drawn from the Arrest Warrant decision, it is argued here that the decision of the Supreme Court appears to be consistent on the position of international law rules on immunity. The article further examines the immunity of Donald Trump as the current or incumbent US President by asserting that sitting Presidents enjoy both functional and personal immunity from criminal prosecution recognised by both national and international law before concluding remarks.
Keywords: immunity ratione materiae; United States Supreme Court, presidential immunity; official acts and unofficial acts of the President; arrest warrant judgment.
JEL Classification: K33DOI: 10.62768/PLPA/2025/14/2/07
HOW TO CITE - Please cite this article as: Paul S. Masumbe, „Immunity Ratione Materiae in Action: Analysing a Former US President Trial Before the US Supreme Court and the Nature of Official Acts with Regard to the Arrest Warrant Case”, Perspectives of Law and Public Administration 14, no. 2 (June 2025): 325-338.
- 8. Predictive Governance. Balancing Efficiency and Liberties
in AI-Driven Bureaucracy
Lecturer Andreea-Nicoleta DRAGOMIR; Master’s degree student Ana MORARI (BAYRAKTAR)
▼Abstract▼This research explores the model of predictive governance and focuses on the introduction of AI within the bureaucratic apparatus to enhance administrative effectiveness. The main objective is to analyze the impact of AI-based decision-making on public administration and the legal concerns it raises regarding civil liberties and democratic accountability. By applying an interdisciplinary methodology, comparative case studies and technological analysis of algorithmic systems, the research identifies the main benefits: automating routine tasks, improving service delivery and data-driven policy making. It also identifies threats: algorithmic opacity, erosion of procedural safeguards, mass surveillance and marginalization of human control. The study concludes that unregulated predictive governance can lead to a techno-bureaucratic style emphasizing efficiency over rights. To prevent this, a balanced system of governance based on transparency and legal accountability is proposed. The implications are twofold: policymakers need to take proactive regulatory measures to control the deployment of artificial intelligence in government, and countries need to ensure that technological progress does not undermine fundamental freedoms.
Keywords: bureaucratic apparatus, artificial intelligence, government, administrative law.
JEL Classification: H83, K23DOI: 10.62768/PLPA/2025/14/2/08
HOW TO CITE - Please cite this article as: Dragomir, Andreea-Nicoleta, „Predictive Governance. Balancing Efficiency and Liberties in AI-Driven Bureaucracy”, Perspectives of Law and Public Administration 14, no. 2 (June 2025): 339-353.
- 9. Corporate Social Responsibility: Bridging the Gap Between Wealth
and Welfare in South Africa
Senior lecturer Mokgadi MOKGOKONG; Professor Omphemetsi SIBANDA
▼Abstract▼This article investigates the persistent socio-economic marginalization of mining communities in South Africa despite the industry's significant contribution to national GDP and employment. It explores how Corporate Social Responsibility (CSR), when underpinned by legislation such as the Mineral and Petroleum Resources Development Act (MPRDA) and the Mining Charter, can be a viable mechanism to bridge the gap between mining-generated wealth and community welfare. The article outlines the historical and contemporary conditions of mining communities, marked by poverty, underdevelopment, environmental degradation, and systemic inequality. Through case studies, human rights reports, and legal analysis, it exposes the dissonance between the legislative intent of community upliftment and the lived realities of affected populations. Central to this discussion is the role and failure of Social and Labour Plans (SLPs), which are legally mandated but poorly implemented, monitored, and understood. Government inaction and weak regulatory enforcement exacerbate the failures of mining companies to honour their CSR obligations. The article calls for a reimagined CSR framework that is enforceable, participatory, and transparent, emphasizing that meaningful consultation, sustainable development, and socio-economic rights must guide future mining operations. Ultimately, it advocates for an integrated approach that aligns corporate accountability with constitutional mandates to foster equity, dignity, and development in historically marginalised communities.
Keywords: Corporate Social Responsibility (CSR); mining communities; Mineral and Petroleum Resources Development Act; South Africa; socio-economic inequality; sustainable development; Social and Labour Plans (SLPs); environmental justice; mining charter; human rights violations.
JEL Classification: K22, K38DOI: 10.62768/PLPA/2025/14/2/09
HOW TO CITE - Please cite this article as: Mokgokong, Mokgadi Omphemetsi Sibanda, „Corporate Social Responsibility: Bridging the Gap Between Wealth and Welfare in South Africa”, Perspectives of Law and Public Administration 14, no. 2 (June 2025): 354-371.
- 10. Moral Harassment - Legal Regulation, Theoretical and Practical Aspects
Associate professor Andreea Elena MATIC
▼Abstract▼In the present paper, we aim to analyze the methods of reducing or even eliminating moral harassment, an objective that has become a true purpose in the contemporary society. In the first part, we will refer to the meaning of the concept of moral harassment, which covers a wide range of offensive, unpleasant and harmful behaviors both at work and in private life. In the second part of the paper, we will present the current legislation in Romania regarding mobbing and the methods of combating all forms of moral harassment. This type of behavior has produced serious situations in the workplace, whether it is public institutions or private organizations, and has generated serious violations of fundamental human rights, violations that lead to the moral, psychological and even physical damage of the victims. We will argue that clear rules are needed, which are to be strictly applied in order to stop these abusive behaviors and misconducts, and the professional environment, the workplace, becomes a safe place: a place where job duties are properly performed, the right to career development, the dignity of the human being, the right to physical and mental integrity and the right to private life are respected for each person.
Keywords: moral harassment, mobbing, ethics, methodology, guide, regulation, fundamental human rights.
JEL Classification: K14, K38DOI: 10.62768/PLPA/2025/14/2/10
HOW TO CITE - Please cite this article as: Matic, Andreea Elena, „Moral Harassment - Legal Regulation, Theoretical and Practical Aspects”, Perspectives of Law and Public Administration 14, no. 2 (June 2025): 372-381.
- 11. Synoptical Aspects of the Role-Players in the Regulation and Supervision
of Banks in Zimbabwe
Doctor Menelisi NCUBE; Professor Howard CHITIMIRA
▼Abstract▼The role, duties and functions of the role-players in the regulation and supervision of banking institutions in Zimbabwe are discussed in terms of the relevant legislation such as the Banking Act [Chapter 24:20] 9 of 1999, the Microfinance Act [Chapter 24:29] 3 of 2013, the Reserve Bank of Zimbabwe Act [Chapter 22:15] 5 of 1999, the Deposit Protection Corporation Act [Chapter 24:29] 7 of 2011, the Bank Use Promotion and Suppression of Money Laundering Act [Chapter 24:24] 2 of 2004, the Securities Act [Chapter 24:25] 17 of 2004 and the Insurance and Pensions Commission Act [Chapter 24:21] Act 7 of 2000. Accordingly, key role-players responsible for the regulation, enforcement of laws and the supervision of banks and related financial institutions in Zimbabwe such as the Ministry of Finance, the Reserve Bank of Zimbabwe (RBZ), the Deposit Protection Corporation (DPC), the Securities and Exchange Commission of Zimbabwe (SECZ), the Insurance and Pensions Commission (IPC) and the courts are carefully examined. This is done to explore their adequacy and where possible, recommend some measures that could be considered by the relevant authorities to enhance their role, duties and functions. It is hoped that this approach will enhance the formulation of good monetary policies, the combating of hyperinflation, the maintenance of financial stability, market efficiency, good supervision of banks and related financial institutions and the promotion of public investor confidence. This follows the fact that from the late 1990s to date, Zimbabwe has experienced massive instability of its Zimbabwean dollar currency, rampant bank failures, poor monetary policies, inefficient payment systems, poor bank regulation and supervision and poor public investor confidence. It is against this background that the aforesaid role-players should be discussed to expose the flaws in the bank regulation and supervision laws in order to curb bank failures, bank fraud and other financial crimes in Zimbabwe.
Keywords: regulation, supervision, banking institutions, monetary policy role-players.
JEL Classification: K22, K34DOI: 10.62768/PLPA/2025/14/2/11
HOW TO CITE - Please cite this article as: Ncube, Menelisi Howard Chitimira, „Synoptical Aspects of the Role-Players in the Regulation and Supervision of Banks in Zimbabwe”, Perspectives of Law and Public Administration 14, no. 2 (June 2025): 382-399.
- 12. White Collar Criminality
Lecturer Ovidiu-Horia MAICAN
▼Abstract▼White-collar crime is not an official legal term, but the word is often used when business people are accused of committing crimes. The term dates back to the 1940s, when the words blue-collar and white-collar were used to distinguish between manual and office workers. White-collar crimes have two basic elements. They are non-violent crimes and result in financial gain for the perpetrator. Most people accused of such crimes are business people, politicians, financial professionals, etc. The phrase originated in the United States of America, where most such crimes are committed. Such crimes are taken very seriously by state and federal courts.
Keywords: crime, white collar, United States of America, Great Britain, Canada, comparison.
JEL Classification: K14, K33DOI: 10.62768/PLPA/2025/14/2/12
HOW TO CITE - Please cite this article as: Maican, Ovidiu-Horia, „White Collar Criminality”, Perspectives of Law and Public Administration 14, no. 2 (June 2025): 400-423
