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This article aims to address the differences that exist throughout the country with regard to the power to enforce a claim belonging to a public institution but financed entirely from its own revenues. Moreover, the claim in question belongs strictly to the budget of the institution and is therefore not a claim which first goes to the state budget and then is redirected to the budget of the institution. This raises the practical question of whether the traditional bailiff is competent to enforce the claim in question on behalf of the institution, or whether there is an obligation to have recourse to tax executors, taking into account, in particular, the purpose of the claim, its course and the fact that it is not a tax claim in the true sense of the word. [ABSTRACT FROM AUTHOR]

The Internal Market is the main element of European economic integration, the achievement of which was provided for in the Treaty establishing the European Economic Community (Rome, 1957). The implementation of the four fundamental freedoms of movement for the benefit of the citizens of the Member States was one of the major objectives of the Internal Market and led to the adoption of specific European rules, the respect of which is ensured by the Member States under the supervision of the European Commission. Currently, the Treaty on European Union mentions, among the Union objectives, the establishment of the Internal Market, and the Treaty on the Functioning of the European Union provides for the shared competence of the European Union with the Member States in the field of the Internal Market. The rules adopted at Union level for the achievement of the freedoms of movement must be implemented by the authorities of the Member States for the advantage of the citizens of the Member States and of undertakings. In the situation of noncompliance with these rules, the European Commission may bring the Member State concerned before the Court of Justice of the European Union. Thus, the completion of the Internal Market depends on the way in which the three actors interact - the European Commission, the Member States and the citizens according to their specific interests. In conclusion, the full completion of the Internal Market area requires a balanced and effective action carried out by the European Commission, the Member States and their citizens, based on a transparent and collaborative approach. [ABSTRACT FROM AUTHOR]

Enforcement, considered as a component part of the civil process, must provide the participants with the guarantees they benefit from at the trial stage, obviously, adapted to the context and specificity of this procedure. The enforcement appeal represents the legal mechanism through which both the creditor and the debtor can submit to the analysis of the court, more precisely, the enforcement court, the irregularities produced in this procedural stage. The assignment of the claim that is the object of the forced execution produces specific effects in this procedural stage considering also the special regulations existing in this matter, determined by the specifics of the enforceable title underlying the request for enforcement. Taking into account the fact that the assignment of the claim determines the change of the creditor's person, it is understandable that the effects produced are major for the debtor, but also for the forced execution, viewed as a whole. Next, the institution of the assignment of the debt, as it is regulated by the Romanian Civil Code, will be briefly presented, but also its effects, in forced execution, by reference to the time when the assignment takes place and by reference to the notification or non-notification of the debtor regarding the assignment, in one of the ways provided by law. [ABSTRACT FROM AUTHOR]

The concept of restorative justice offers a new way of approaching and understanding all the concepts with which professionals in the field of criminal law work: crime, offender, victim, criminal trial, criminal sanction, imprisonment, etc. Restorative justice aims to balance the problems of the victim and the community, as well as the need for social reintegration of the offender, to assist the victim in the recovery process and to give all parties the right to be present and to be actively involved in justice. caused by the commission of an offense, based on an approach involving not only the parties but also the community at large, in close liaison with specialized institutions in the field. Starting from the hypotheses according to which the crime has its origins in social conditions and community relations, that crime prevention depends on the assumption by local and central authorities of responsibilities related to social policy to remedy the conditions that cause crime, the consequences of the crime can not be fully resolved for the parties without their personal involvement, the main objectives of restorative justice are: - to respond to the needs of the victims - material, financial, emotional and social needs (including those close to the victim, who may also be affected); - to prevent recidivism by reintegrating criminals into the community; - to determine the criminals to actively assume responsibility for their deeds; - to create a community that supports the rehabilitation of criminals and victims and that is active in crime prevention; - to provide some means of avoiding the burden of the criminal system, costs and delays, but also the abandonment by society of passive roles in traditional retributive, rehabilitative justice. [ABSTRACT FROM AUTHOR]

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Mobile health (m-health) applications offer new features to patients to increase the efficiency of healthcare services. However, adopting such technology has not been as expected in some developing countries such as Saudi Arabia. Yet, healthcare providers have recently started to force patients to use some mobile apps during the COVID-19 pandemic. Consequently, it has opened the discussion of whether the enforcement of healthcare providers could influence patients' behavioral intention to adopt m-health apps. This study aims to understand and validate the factors that could influence mhealth apps' adoption. Based on the UTAUT model, the proposed model has been extended in this research to include healthcare authority enforcement and tested in Saudi Arabian settings with 343 participants. Findings show the significance of effort expectancy, social influence, and healthcare authority enforcement on behavioral intention. The outcome of this study aims to provide governments, practitioners, and app developers with further understanding. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to analyse the enforceability in Romania of final decisions fixing the amount of costs related to European trademarks, issued by European Union Intellectual Property Office. According to art 110 (1) and (2) of EU Regulation 2017/1001¹, such decisions are titles enforceable in any Member State and enforcement proceedings are governed by applicable national civil law of the Member State in territory of which the enforcement is carried out. Apparently, the enforcement of these decisions in Member States should be a formal procedure devoid of issues. Things may be complex having in view that each Member State is compelled by the art 110 (2) of the EU Regulation 2017/1001, to designate a national authority responsible with the verification of the authenticity of respective decisions. Precisely, what happens when a Member State "forgot" to designate such national authority? Can enforcement proceedings regarding these decisions in respective Member State, be effective? Romania does not designate the national authority prescribed under art. 110 (2) of EU Regulation 2017/1001, fact that generates, at least from theoretical perspective, issues on the enforcement of this kind of decisions. In a nutshell, if no such national authority has been designated, the procedure on verification of authenticity of these decisions cannot be fulfilled, meaning that enforcement proceedings may be deemed as failing to comply with the national law. [ABSTRACT FROM AUTHOR]

The contribution responds to the current legal regulations especially related with regard to the recent amendment of the Act on the Protection of Nature and Landscape in the Czech Republic. It focuses on some outdoor activities that may, in certain cases, come into conflict with the interests of protecting the most valuable natural areas. From this point of view, it may sometimes be problematic to run such activities. In this context, attention will be focused on organizational aspects, procedural point of view and also on the coming responsibilities of wildlife protection, respectively on term "Wilderness". The term "wilderness" is frequently discussed and used in widely varying discussions today among the professional and lay public alike, particularly in relation to the latest amendment of Act No. 114/1992 Coll., on nature and landscape conservation (the "Nature and Landscape Conservation Act" or "NLCA") by Act No. 123/2017 Coll. (the "amendment to the NLCA"). This usually occurs with reference to protection (and on the contrary also providing access) to core nature zones in national parks. One may encounter, inter alia, the commercial offer relating to wilderness guides. In the given context, the issue of quiet territories is also discussed. A key question remainingmeanwhile is whether in our country, it is possible to truly designate any territories as wilderness. We encounter the term wilderness when we need to express something naturally formed (in forest management for example, under this term we imagine unmanaged forest growths left to their own fate). [ABSTRACT FROM AUTHOR]

The current legislation of the CR does not consider as noise, inter alia, the sound from production of music operated outdoors. Production of music outdoors mainly includes concerts, discotheques; "majáles" spring student festivals, pilgrimages, open-air markets, various celebrations, Advent concerts, music played during sporting and cultural events, etc. (also including certain daily or frequently repeated cases of such production). The enforceability of protection against such noise pollution is becoming highly problematic (Compare MOTEJL, Otakar and coll. Hluková zátěž, 2010). The legal issue of protection from noise is mainly regulated by Act No. 258/2000 Coll., on public health protection, as amended, implementing Government Regulation No. 272/2011 Coll., on protection of health from adverse effects of noise and vibrations, as amended and in the framework of legal regulation of generally binding ordinances, chiefly Act No. 128/2000 Coll., on municipalities, as amended. In terms of protection from noise pollution emanating from production of music operated outdoors, Act No. 267/2015 Coll., effective 01 December 2015, amending and supplementing the Public Health Act, introduced certain changes over the previous legal regulation. By this amendment, all forms of producing music operated outdoors were removed from the conceptual definition of noise, thus also from the oversight powers of public health protection agencies. Of course, questions remain as to whether or not this amendment to the Public Healt Act is truly projected into effective public health protection, and if with this new concept, it contradicts the Public Health Act. In keeping with the provisions of Sec 1 of the PHA, this act should, inter alia, serve to protect and support public health and to assess and decrease noise. [ABSTRACT FROM AUTHOR]

The Lisbon Treaty has introduced a new generic title - "legal acts" referring to the secondary European Union Law acts (art. 288-289 TFEU), compulsory or not, but also to the new delegated acts and implementing acts. These new acts could be adopted by the European Commission which generally has the legislative initiative power and, in special cases, by the Council, in accordance with the art. 290 TFEU and art. 291 TFEU. It is obvious that new competences are allowed to the European Commission which is in charge with the application and protection of the European Union law on the basis of the art. 17 TEU; the power of the Commission to adopt compulsory acts, even that they are not legislative, could be used in order to increase the enforcement procedures against the Member States which do not respect the European Union law. This new category of legal acts are adopted on the basis of the specific procedure and they could be entitled such as the "classic" secondary EU law acts, namely regulations or directives. In conclusion, this new category of acts could represent an appropriate instrument used by the Commission ensuring the unitary application of the EU law and its respect by the Member States. [ABSTRACT FROM AUTHOR]

The enforcement procedure is conducted from the time the enforcement body is seized by the enforcement officer, in order to comply with the provisions of the enforcement order, until the completion of the claim, with its accessoriesthereto, and the recovery of the costs of enforcement. The procedure involves a succession of acts, carried mostly by the enforcement officer. The continuity of the procedure may be affected by certain incidents leading to his timing. Among them, the situations ofenforcement suspension are generally determined by reference to their causes, respectively to the provisions of the law (in relation to specific acts or legal facts that occurred during the enforcement), the will of the creditor or the disposal of the court, at the request of the interested party. The analysis of the causes of suspension is important, in order to establish how they operate in concrete, as well for determining the effects that they produce. [ABSTRACT FROM AUTHOR]

Persons or organizations involved in money laundering escape paying heavy taxes as their businesses that are mainly illegal have not been registered lawfully. As a result, money laundering is a heinous activity that can destroy economies. It is a process where unlawful proceeds are laundered unlawfully to become lawful proceeds. Such activities only benefit criminals and those persons/organizations that comply with established laws are not on a level playing field with these criminals. The author has chosen to review some of the money laundering laws that have been introduced to deter money laundering activities and has chosen the jurisdictions of England and Malaysia for such review. The author will review the anti-money laundering laws in England and will then conclude with the anti-money laundering laws from Malaysia. It is hoped that those reading this article will have a much better insight on the prevention of money laundering activities in these countries and would suggest equivalent laws to their respective governments if their respective countries do not already have in place strict measures to fight money laundering. Money laundering is a poisonous cancer and can only be stopped if countries unite on a global scale to implement stricter regulations towards halting, reversing and subsequently eradicating this disease. [ABSTRACT FROM AUTHOR]

The aim of this article is to underline the evolution and the importance of the European Directives in the field of copyright and related rights, their contribution to the development of the law and the national implementation, namely their transposition into Romanian Law no. 8/1996 on copyright and related rights. For this purpose, the article will analyze the historical evolution of the European Directives in the field of copyright and related rights and their most important dispositions. Given the wide range of subject matter with which it is concerned, the European Directives in the field of copyright and related rights address to enforcement, protection of databases, protection of computer programs, resale right, satellite and cable, term of protection, rental and lending rights, copyright and related rights in the information society, orphan works and management of copyright and related rights. Taking into account the wild range of subjects that European Directives in the field of copyright and related rights address, it is important to observe the permanent interest of the European legislator on the harmonization of the law on copyright and related rights. In this way, the result was the adoption of 7 directives in a 10-year interval between 1991 and 2001, and of 4 directives, including the one for the modification of the Directive on the term of protection, also in a 10-year interval between 2004 and 2014. Despite the extensive process of harmonization, copyright law in the Member States of the European Union is still largely linked to geographical boundaries of sovereign states. [ABSTRACT FROM AUTHOR]

The issue of enforcement orders is particularly important for the field of regulations applicable to the execution. Enforcement order are the fundament of enforcement proceedings, aimed at fulfilling the obligation contained in the title. With reference to the current regulation of enforcement orders, we must distinguish between formal titles, that require a verification of their enforceability prior to the onset of the enforcement proceedings, and substantial titles, which are enforceable by law at the end of the procedure of which they emanate. With reference to this distinction, the article analyses the characteristics of enforcement orders, making a number of clarifications and remarks about the procedure for declaration of enforceability, recently reintroduced into the Civil Procedure Code by Law no. 138/2014. [ABSTRACT FROM AUTHOR]

The Romanian legislation sets out the practical and theoretical manner of establishing the legal nature of disputes in the light of the applicable legal dispositions, establishing a specific statutory system for challenging enforcement proceedings. The characterization of a dispute as civil or commercial in character should be done based on the legal standards applicable to the legal relationships existing between the parties. As regards the challenge against tax enforcement, establishing the legal nature of the dispute under judgment and establishing the functional jurisdiction of the court that is asked to judge on the substance of the challenge against tax enforcement, as well as of the court invested to settle the appeal has generated over time a number of controversies and opposite solutions. There were and still are some discussions and confusions regarding the functional jurisdiction of the enforcement courts having jurisdiction to judge on the substance of the challenge against tax enforcement, lodged on the basis of a writ of execution issued under some administrative tax acts. [ABSTRACT FROM AUTHOR]

Since it's entry into force in February 2014, the new criminal legislation has brought many new institutions in the field of criminal procedure. One of the most important changes is found in the matter of sanctioning of minors, which, as of this date, cannot receive imprisonment, but only educational measure, custodial or non-custodial. This article focuses on the first category of educational measures applicable to minors that purpotrate a crime, the ones that do not require a deprivation of personal freedoms under Art. 115 para. 1 pt. 1 of the Criminal Code, namely: civic training course, supervision, home arrest on weekends and daily assistance and everything needed in enforcing them. The study aims to highlight, on the one hand, how the procedural enforcement of non-custodial educational measures that are applied to minors is achieved, and on the other hand, the institutions involved in this activity, namely the judge and the Probation Service. We present the method of execution, and the modification of obligations which minors must comply during non-custodial educational measures, mainly aimed at forming a spirit of responsibility and respect for the rights and freedoms of others to juvenile offenders. In the last part, the study presents the difficulties that courts faced in the first year after the entry into force of these laws, in particular the situation in which the non-custodial educational measures could not be enforced by the court in cases in which the court was not liable. A special mention is given on the exact timing at which the execution of non-custodial educational measures commences, also presenting the disparities in legislation, which led to different solutions in the practice of courts. In light of these difficulties, the study tries to identify possible solutions, including the amendment of legislation, formulating proposals for new laws in this regard. [ABSTRACT FROM AUTHOR]

This paper argues that in order to achieve effective regulation of copyright in the online sphere, asymmetrical enforcement modalities, integrating individualised sanctions will continue to be necessary as a limb of a broader strategy of enforcement in cyberspace. In order to overcome the 'cyberlibertarian' dilemma in which any such modalities are consistently undermined relative to human rights norms, this paper argues autopoietic modelling should be adopted in which such concerns are alleviated as a matter of design. This paper will argue that if a pluralistic approach to enforcement is to occur as a matter of design, the polycentric nature of cyberspace must be recognised. If cyberspace is polycentric, the reality is that attempts to impose hierarchical absolutism is doomed to fail. This paper aims to map the regulatory matrix for enforcing copyright online, and identify the nodes of power within the matrix that must be assuaged before any pluralistic design may be modelled. [ABSTRACT FROM AUTHOR]