GENERAL PRINCIPLES OF LAW – SOURCE OF EUROPEAN UNION LAW

Author(s): Ovidiu Horia Maican / Language(s): English Issue: 02/2016

In interpreting primary and secondary Union legislation, the Court of Justice of the European Union has developed a number of general principles of law, some based on the fundamental laws of the constitutions of the Member States, some based on principles of international law and some derived directly from the European Convention on Human Rights (ECHR). These general principles of law are also based on the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union. The status of the Charter has been enhanced now that the Charter has been afforded legal recognition by the Treaty of Lisbon through the amended Art 6(1) TEU.

ENVIRONMENTAL AND FOREST PROTECTION THROUGH CRIMINAL LAW

Author(s): Author Not Specified / Language(s): English Issue: 02/2016

On November 15th, 2016, the Prosecutor General’s Office of Romania in collaboration with the Legal Research Institute “Acad. Andrei Rădulescu” of the Romanian Academy, has organized the National Conference on “Environmental and forest protection through Criminal Law”. The event has also included the launch of a volume bearing the same name, edited by the “Universul Juridic” and the Romanian Academy Publishing House, reuniting studies by Prosecutor General Augustin Lazăr, Professor Mircea Duţu (Director of the Legal Research Institute), Prosecutor Elena Giorgiana Hossu, and Professor Andrei Duţu.

The Regulatory Framework of International Arbitration

Author(s): Sevastian Cercel,Ștefan Scurtu / Language(s): English Issue: 62/2019

In the field of international arbitration, several international conventions have been adopted, establishing uniform rules of law in order to promote international arbitration and to facilitate the implementation of arbitral awards. International arbitration is also governed by various bilateral treaties, which contain provisions on international arbitration (eg bilateral investment treaties, investment protection agreements, trade and navigation treaties, etc.). Finally, useful international arbitration rules are contained in the International Commercial Arbitration Rules of the United Nations Commission on International Trade Law adopted by the UN General Assembly. In Romanian law, procedural aspects of international arbitration are regulated by the Code of Civil Procedure in Book VII (“The international arbitration process”), Title IV (“International arbitration and the effects of foreign arbitral awards”), Chapter I, which is dedicated exclusively to the international arbitration process and Chapter II, dealing with the regulation of the effects of foreign arbitral awards. All these regulations constitute a major advantage for the participants in international trade, which, together with other such advantages, makes them insert clauses for assigning the jurisdiction of the arbitration courts in the contracts that they conclude.

Inaccessibility to the status of founder of the companies regulated by Law no. 31/1990 for natural persons authorization in the forms regulated by O.U.G. no. 44/2008

Author(s): Lavinia Elena Stuparu / Language(s): English Issue: 66/2020

The natural persons authorized in the forms regulated by O.U.G. no. 44/2008 (in particular as PFA and as holders of individual enterprises), who wish to set up commercial companies, raise the question regarding this legal possibility. The answer is not explicitly offered by the Romanian legislator. However, the analysis of the various legal provisions allows the identification of a solution and its argument.

Jurisprudence Regarding Free Access to Justice in the Democratic Society

Author(s): Mihaela Cătălina Scafeș (Opran) / Language(s): English Issue: 66/2020

Starting from the purpose of establishing justice within the state constructions, the concept of free access to justice must be understood as a right attributed to the person. Continuing the reasoning, the law is a fundamental one, because it arises from the need to protect the essence of the legal character of the person. First, the European Convention on Human Rights, as well as other international instruments of protection, either earlier or later, recognized this right as requiring greater protection, especially in relation to material rights. Therefore, art. 6 paragraph 1 of the Convention refers to the right of the person to the trial of his case, which implies the possibility to bring his claims before a court. As a result of this, most European constitutions and national laws guarantee a person’s right of free access to justice. Second, the international and national courts have been called upon to protect an individual’s right of free access to justice both in civil and in criminal proceedings. The national and international jurisprudence is the instrument through which the additional framework of protection of the right of free access to justice is created, being situations in which the pronounced decisions rule on new interpretations in relation to this fundamental right.

The Institute of Administrative Silence of Kosovo in accordance European Union legislation and comparative aspects with Albania

Author(s): Besard Belegu,Artan Fejzullahu / Language(s): English Issue: 71/2021

Administrative silence is a notion or a law institute known in the theory of administrative right, in the positive right as well as the international right, whereby the administrative law relationship of the concrete nature is created which is based upon general norm (law). In the Republic of Kosovo, by the new law on the general administrative procedure, the administrative silence has taken a positive ( approving) character, as compared to the old (abolished) law which foresaw the administrative silence with negative (denying) effect. Unlike the Republic of Albania, the positive administrative silence in Kosovo does not foresee exceptional cases, which means that for all administrative situations or issues, the administrative silence has the character of approving act in silence. The aim of this study is analysing the effects that the positive admnistrative silence has on the parties in Kosovo, as well as the comparative study with the law institute of the administrative silence in the Republic of Albania and directive of Europian Union about administrative silence institute.

Нормативни стандарти за предоставяне на временна закрила при масовото навлизане на разселени лица от Украйна

Author(s): Tsvetomir Panchev / Language(s): Bulgarian Issue: 8/2022

This article is an attempt to interpret the terms and the procedure for providing protection to foreigners on the territory of the Republic of Bulgaria, as well as their rights and obligations, including conditions for giving temporary protection in the event of a mass influx of displaced persons from Ukraine. The paper represents special protection which the Republic of Bulgaria grants to foreigners includes asylum, refugee’s status, humanitarian status and temporary protection. The author’s aim is to provide a legal different between International and temporary protection.

Sinteze de jurisprudenţă – Curtea Europeană a Drepturilor Omului – Ianuarie-Februarie 2022

Author(s): Cătălin Constantinescu-Mărunțel,Dragoş-Lucian Ivan / Language(s): Romanian Issue: 5/2022

The section includes a selection of the most important decisions of the European Court of Human Rights. The decisions are summarized and the legislation invoked by the applicants, the rights allegedly violated, the Chamber and the pronounced solutions are indicated.

Sinteze de jurisprudenţă – Curtea de Justiție a Uniunii Europene – Ianuarie-Februarie 2022

Author(s): Augustina Dumitraşcu / Language(s): Romanian Issue: 5/2022

The section includes a selection of the most important decisions of the Court of Justice of the European Union. The decisions are summarized and also the type of action, the main provisions invoked, the context, the law issues which have been raised, the conclusion of the case and previous decisions relevant to the case are indicated.

Cine sunt nomazii digitali și de ce le oferă România un nou tip de viză?

Author(s): Vlad Drăguș / Language(s): Romanian Issue: 5/2022

Digital nomads represent a new category of workers, defined rather by their lifestyle, in that they choose to alternate their place of work constantly, sometimes even travelling to different countries in order to work. The statute of digital nomads in the receiving countries has been subject of debate, especially if they choose to stay more than the duration of a traditional long stay visa. A solution that some countries have adopted is a new type of visa regime, sometimes referred to as a „digital nomad visa. Romania is one of the latest countries to have implemented such a visa in the European Union, having the Croatian and German visas as model.

Pamiętniki Macieja Rataja jako źródło poznania II Rzeczpospolitej. Historia rękopisu i jego wydania

Author(s): Mateusz Ratyński / Language(s): Polish Issue: 3/2022

Maciej Rataj “Memoirs 1918–1927” is one of the main sources of learning about the political history of interwar Poland. This article presents the biography of Rataj, the history of the publication, the nature and content of the diaries, including the new, supplemented and revised edition of the Polish History Museum from 2021, prepared by the author of the paper. Rataj’s notes do not have a uniform form, and the various years resemble both a diary and a diary. Due to its character, “Diaries” is a very reliable source which gives you a chance to look behind the scenes of the work of the parliament, which is deprived of a permanent majority, and subsequent, frequently changing offices. The “Diary” allows us to learn about the mechanisms of exercising power in that epoch as heroic as it is chaotic. It is a testimony to Rataj’s sense of observation and his often backbreaking efforts to strengthen the young state.

В криза ли е парламентарната демокрация? България в конституционна криза ли е?

Author(s): Ani Dimitrova / Language(s): Bulgarian Issue: 9/2022

From the parliamentary nature of government, it follows that all state power in the Republic of Bulgaria derives from the people and is exercised by them directly and through the bodies provided for in the Constitution. The elements that guarantee the principle of separation of powers - executive, legislative and judicial, as well as the protection of civil liberties, the inviolable right to property, personal freedom, equality before the law, the right of association, etc., are guaranteed by parliamentary democracy with any notes it may have regarding its full functioning. Failure to understand the nature and powers of the individual elements of the state-legal system is not a reason to speak of a crisis of parliamentary democracy. The Basic Law has been proven to work, especially during emergencies in the political and social life of the country. There is a constitutional guarantee of the basic principles on which our country functions as a parliamentary democracy, therefore it cannot be said that Bulgaria is in a constitutional crisis.

130 години Юридически факултет на Софийски университет „Св. Климент Охридски“

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 9/2022

Новата Наредба за висшето образование от 2022 г.

Author(s): Ivan Ruschev / Language(s): Bulgarian Issue: 9/2022

The new Ordinance on uniform state requirements for the acquisition of Higher Education in specialty “Law” and Professional Qualification “Jurist” was reviewed. A critical analysis of the new provisions of the Ordinance was made.

РЕШЕНИЕ НА СЪДА НА ЕВРОПЕЙСКИЯ СЪЮЗ (четвърти състав) 10 ноември 2022 година

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 9/2022

Ролята на адвокатите и адвокатурата за ефективно прилагане на Хартата на основните права на национално равнище

Author(s): Stefan Marchev / Language(s): Bulgarian Issue: 2/2021

The focus is on the important role of lawyers and the Bar for application of the Charter at national level. As a professional, closest to each individual, the lawyer has a few different options to influence - direct reference to the Charter before a national court, submission of requests for a preliminary ruling, to refer the matter to The European Commission for initiation of proceedings under Art. 258 et seq. of TFEU in case of noncompliance of the national regulation with the EU law. In addition are considered the institutional mechanisms for the Bar to influence the legal environment globally in the country.

Правни проблеми при уволнението поради закриване на предприятието, закриване на част от предприятието и съкращаване на щата

Author(s): Hristo Banov / Language(s): Bulgarian Issue: 2/2021

The present study clarifies the legal nature of the grounds for dismissal under Art. 328, para. 1, item 1 and item 2, proposals 1 and 2 of the Labour Code, as well as of the factual composition of the internal reorganization in the enterprise, as a clear differentiation has been made between all of them. Opinions expressed in theory and in practice on the meaning of the term ‘enterprise’ and on the distinction between those factual compositions, are disputed. Conclusions are made regarding the cases in which a right, respectively an obligation, arises for the employer to make a selection.

100 г. от институционализирането на европейския модел за конституционен контрол

Author(s): Sibila Ignatova / Language(s): Bulgarian Issue: 2/2021

2020 marks 100 years of the institutionalization of the European model of constitutional control. The article draws attention to the predecessors of constitutional justice in Austria. The current Austrian Constitution and the Federal Constitutional Court of Austria are presented - its composition, its administration and some of its main powers.

Длъжен ли е съдът служебно да следи за нищожността на сделките?

Author(s): Ivaylo Kanev / Language(s): Bulgarian Issue: 2/2021

The article discusses the separate arguments and understandings on the issue raised for consideration in the interpretative case №1/2020 on the inventory of General Assembly of the Civil and Commercial Division of the Supreme Court of Cassation. An attempt is made in the article to give a reasonable answer to the question raised in the interpretative case.

Библиотеката на СЮБ представя

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 2/2021