Simply put, HCO collects “legal” websites where internet users can legally watch or download movies, series, TV shows and sporting events, but also listen to or download music, read or download books and access images and video games. The presumption of validity is a logical consequence of the presumption of constitutionality, a legal theory of the origin of the common law developed by the courts to deal with cases that challenge the constitutionality of statutes. [63] “Enjoy legal” is part of the Agorateka network set up by the European Union Intellectual Property Office (EUIPO). Agorateka is a pan-European portal that brings together national portals such as “enjoy legal” of participating European countries, in particular the Member States of the European Union. Of course, this is not a new topic. Section 187 of the Local Government Code, which describes the administrative procedure for challenging the constitutionality or legality of a tax regulation or measure, does not apply in cases where the levy falls within the nature of a regulatory fee. [35] The provision requires that an appeal against a tax regulation or measure be filed with the Minister of Justice within thirty (30) days of the regulation coming into force,[36] namely: It is often not so easy to find legal content such as music and movies online. Websites that illegally eliminate music, movies, series, video games or images and language works have become very popular, so even users who want to use the works legally resort to them because they are better known. For this reason, HCO created the website enjoylegal.gr. Σκοπός της νέας αυτής διαδικτυακής πύλης είναι η ενημέρωση του κοινού για τις διαδικτυακές πλατφόρμες που διαθέτουν νόμιμα περιεχόμενο το οποίο προστατεύεται σύμφωνα με το δίκαιο της πνευματικής ιδιοκτησίας.
Article 187, procedures for the approval and efficiency of fees, regulations and revenue measures; Mandatory public hearings. – The procedure for the approval of local tax regulations and tax measures must comply with the provisions of this Code: Provided that public hearings are held for this purpose before their entry into force: It is further assumed that any question relating to the constitutionality or legality of tax regulations or tax measures may be addressed to the Minister of Justice within thirty (30) days of their entry into force. vigor, which makes a decision. within sixty (60) days of the date of receipt of the complaint x x x. (Emphasis and underline of the complaint) As to the fact that Cepalco had not proved that it had been exceeded, the Court replied in the negative. A careful examination of the file does not reveal anything that definitively demonstrates the unreasonableness, excessive, oppressive or confiscating nature of the Regulations; Since the Court enjoys a presumption of validity, it is therefore required to set aside the CA`s decision. As regards the substantive validity of the Regulation, the applicant claimed that the competent authority had erred in stating that the tax was exorbitant and unreasonable. The city postulated that CEPALCO had the burden of proving the unreasonableness of the claim. [45] Since the electricity distributor had not provided any evidence of the reasonableness of the amount, the City continued, the by-law should be upheld since it enjoyed the presumption of validity. [46] In this case, the competent authority declared that Regulation No. 9527-2005 on the grounds that it is exorbitant, inappropriate and unfounded. The Court of Appeal ruled that the adoption of the regulation was fraught with legal weaknesses.
According to the CA, city council should not have issued the order without revealing the method by which it arrived at the amount of the mayor`s permit. The city should have justified the ordinance by announcing the parameters, guidelines and calculations it used to set the fee at 500.00 pesos. In addition, it was decided that the City was required to explain how it would account for the revenues collected under the Order and to disclose the anticipated costs of regulating and inspecting electric poles. According to the competent authority, this is necessary to inform electricity distributors such as CEPALCO of the reasons for the charge. Following this logic, the Court of Appeal annulled the regulation. “Enjoy Legal” aspires to become the portal that will bring together platforms for the distribution of legal content and direct users to them.