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Jurisprudența maritimă franceză

Author(s): Author Not Specified / Language(s): Romanian Issue: 01-02/2021

CAMERA ARBITRALĂ MARITIMĂ DIN PARIS (DMF NR. 831/IANUARIE 2021) Sentința arbitrală 1241 din 15 octombrie 2018 Transportul de produse siderurgice vrac sub BL. Așteptare prelungită pe radă la descărcarea fără predarea NOR. Avarii constatate la destinație. Scrisoarea de garanție a P&I Clu al armatorului oferă competență lui CAMP. Aplicarea Convenției de la Bruxelles. Dreptul a acționa al recepționerilor. Responsabilitatea parțială a Transportatorului maritim

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Curtea permanentă de arbitraj, Haga: Hotărârea din 21 mai 2020 în cauza Italia vs. Republica India – nava Enrica Lexie, lupta contra pirateriei

Author(s): Frédéric Schneider / Language(s): Romanian Issue: 01-02/2021

CURTEA PERMANENTĂ DE ABRITRAJ – 21 mai 2020, Nava Enrica Lexie nr. 2015-281 DREPTUL MARITIM Nave în ZEE. Echipa de protecție îmbarcată. Omorârea marinarilor pe terță navă. Competența statului pavilion al navei „agresor”. Imunitate conform dreptului internațional cutumiar (da)

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Regulamentul UE 2019/1239 al PE și al Consiliului din 20.06.2019 pentru stabilirea unui sistem de GHIȘEU UNIC maritim european (JOL 198/25.07.2019)

Author(s): Author Not Specified / Language(s): Romanian Issue: 01-02/2021

Regulamentul UE 2019/1239 al PE și al Consiliului din 20.06.2019 pentru stabilirea unui sistem de GHIȘEU UNIC maritim european (JOL 198/25.07.2019)

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Raportul Comisiei Europene către Parlamentul European și Consiliul Uniunii – COM (2016), 167 final din 29.03.2016 asupra aplicării Directivei 2009/20/CE, privind asigurarea proprietarilor de nave pentru creanțele maritime

Author(s): Author Not Specified / Language(s): French Issue: 01-02/2021

Raportul Comisiei Europene către Parlamentul European și Consiliul Uniunii – COM (2016), 167 final din 29.03.2016 asupra aplicării Directivei 2009/20/CE, privind asigurarea proprietarilor de nave pentru creanțele maritime

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Directiva 2019/1159 a PE și Comisiei din 20.06.2019 de modificare a Directivei 2008/106/CE relativă la marinari și de abrogare a Directivei 2005/45/CE privind recunoașterea mutuală a brevetelor marinarilor eliberate de statele membre CJOL L 188/12.07

Author(s): Author Not Specified / Language(s): Romanian Issue: 01-02/2021

Directiva 2019/1159 a PE și Comisiei din 20.06.2019 de modificare a Directivei 2008/106/CE relativă la marinari și de abrogare a Directivei 2005/45/CE privind recunoașterea mutuală a brevetelor marinarilor eliberate de statele membre CJOL L 188/12.07.2019

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Despre echilibru în educaţia juridică

Author(s): Carmen Moldovan / Language(s): Romanian Issue: 03/2022

Legal education has always been under pressure marked by the need to improve and constantly adapt to the challenges of changes of the society. An essential element of the education system and of the entire society in general, it has generated numerous debates regarding its strengths and weaknesses, especially from the perspective of the results obtained by former students participating in the admission exams for various legal professions. Overall, the structure of the education plans of the national law schools does not show essential differences, which reveals their common concerns, objectives and vision, that go beyond the divergence of expert opinions regarding certain institutions or concepts. In time, the evolution of legal education has definitely contributed, directly or indirectly, to the development of the legal system, two dynamic dimensions in an inter-conditioning relationship. A debate on the quality and bottlenecks of legal education should not focus on negative or imperfect aspects, but on identifying viable solutions that will continue the progress already achieved and provide the framework for future development.

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Despre educaţia juridică

Author(s): Daniel Niţu / Language(s): Romanian Issue: 03/2022

In this study, the author, a university teacher and lawyer, attempts to present his personal perspective on how legal education should be carried out, in the hope of bringing it into line with models in other systems, the main point of reference being the German one. It points to the need for reform.

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Educaţia juridică – context şi obiective

Author(s): Dan Oancea / Language(s): Romanian Issue: 03/2022

Cum aţi plasa educaţia juridică în contextul educaţiei în general din România? Cât de mult depinde succesul educaţiei juridice de produsul educaţiei preuniversitare? În acest sens, credeţi că ar fi utile şi posibile anumite reforme în învăţământul preuniversitar (spre exemplu, un accent mai mare pe gândirea ştiinţifică şi seculară, pe educaţia politică pluralistă, pe ameliorarea statutului social al profesorilor)?

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Evadând din pătrăţel: câteva idei pentru aerisirea sălilor Facultăţii de Drept

Author(s): Teodor Papuc / Language(s): Romanian Issue: 03/2022

The paper addresses some of the problems of Romanian legal education and suggests changes in the law school curriculum and in the methods the students are examined. It also highlights the insignificant role that Constitutional Law has in the Romanian legal education, as well as a recurring error in the experts’ analyses, i.e. the fact that we are part of the continental legal system and that we would be constrained, thus, in achieving the performances of common law jurists.

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(In)Utilitatea unei reforme substanţiale în domeniul învăţământului juridic

Author(s): Sergiu Popovici / Language(s): Romanian Issue: 03/2022

This article-interview provides some personal and subjective answers to a variety of questions about legal education in Romania, both general and very specific. The main idea emerging from the content of the responses is that Romanian education, including pre-university education, needs to focus on adaptability, both of the system itself and as a skill to be passed on to pupils and students. Any reform of legal education will have to face, in addition to the limits of pre-university education, the subsequent limits of the entrance examinations for specific professions. So far, none of these seem to be moving in a direction that emphasizes adaptability, which means that the effects of higher education reform have limited potential for real success.

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Definitely maybe. Determinisme şi sensuri ale educaţiei juridice

Author(s): Sebastian Spinei / Language(s): Romanian Issue: 03/2022

Any enterprise with some social purpose should periodically assess itself. To answer questions regarding legal education, we should start from asking ourselves „what do we want in our legal and Judicial system?”. The essay proposes some answers. What is certain is that any legal system needs agents possessing solid general and legal knowledge, substance and means of expression, experience, integrity, morality, intelligence, conscience, dignity, honor, courage, balance, generosity, humanism. The Education system is entrusted with the mission of cultivating these qualities.

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Învăţământul universitar juridic românesc între tradiţionalism şi elitism. Aparenţa reformei

Author(s): Laura Stănilă / Language(s): Romanian Issue: 03/2022

Legal education is at a crossroad. All the challenges of contemporary society should determine, among other things, a real reform of Romanian legal education. If we analyze legal education in the context of general education, we observe a general lack of vision and insufficient anticipation of the medium- and long-term effects of more or less inspired experiments. If we analyze the background of legal education, we observe a traditionalist approach, with too little openness to inter- and trans-disciplinarity. Legal education should have as its main objective the legal culture training of people, people who understand law as a system, how the various legal institutions are correlated and who do not have a purely technical and punctual approach to a legal problem. Legal education should provide, in addition to a solid theoretical training, vision.

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O scurtă pauză din predare pentru a vorbi despre educaţie

Author(s): Flaminia Stârc-Meclejan / Language(s): Romanian Issue: 03/2022

We want students to progress towards the goals we set out to achieve in the syllabus. We want them to use the acquired knowledge and skills, to learn to be independent. But how do we help them get to that point? The value of a law degree is increasingly being judged based on how many graduates are „employable” rather than on a generic assessment of the advantages of legal education. We need a change in the current thinking frameworks to face the challenges of the 21st century, and above all we need dialogue and debate. Summarizing the ideas that will be presented in the following lines, we can say that the law school should harmonize its missions with the demands of sustainability, being responsible to adjust its values, as well as its policies and curricula accordingly. A careful balance is needed in setting priorities, at the same time, preserving students’ freedom and recognizing the responsibility of universities in providing a broad knowledge and skills base for society. To improve legal education and make it more flexible, coherent and open to the needs of society, it must be treated as a process that encourages constructive critical thinking, curiosity and the emancipation of students. For the same reasons, designing the curriculum should be a collegial and collaborative process involving the entire academic community and external partners, representatives of the „labour market” as well as representatives of the „civil society”. Only with a bit of patience, these small-scale forms of „resistance” to the challenges of the future or the present itself will allow us to acquire, through legal education, the „openness to closure” that we need so much (in the sense of the willingness to refuse the charms that make us too comfortable with the present).

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Chestionar privind învăţământul juridic

Author(s): Andra-Roxana Trandafir / Language(s): Romanian Issue: 03/2022

The material deals with answers to several questions asked in relation to legal education. Issues such as the need for legal education in pre-university education, how to draw up curricula in university education, the teaching and examination system and proposals for improvement in this area are addressed. In this regard, it is suggested to introduce an optional writing course, which would teach law students to draft letters, addresses, e-mails to professors, up to writing an outline for a small paper, maybe even an article.

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To timiotaton

Author(s): Luminiţa Tuleaşcă / Language(s): Romanian Issue: 03/2022

The fundamental principle and objective from the perspective of which Romanian legal education should be rebuilt is that of the acquisition of what is essential, of what is most precious, by transmitting, discovering, understanding and assuming the values and knowledge that really matter – to timiotaton. Translating this principle into legal education means replacing or doubling the objective of acquiring knowledge with that of creating the intellectual mechanisms through which knowledge and values essential to legal sciences and to individual and collective human progress can be understood, assumed, transmitted and created. In this material we have explained the essential role of to timiotaton for the modernization of Romanian legal education and for its transformation into an internationally performing system. At the same time, we have proposed some ideal solutions/directions of legal education in our country, in the most realistic and constructive way for a modern society, based on a strong, stable and predictable legal system.

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Câteva idei despre o posibilă reformă a educaţiei juridice

Author(s): Horia Ţiţ / Language(s): Romanian Issue: 03/2022

Through the answers to the questionnaire, several possible ideas for reforming the legal education in Romania are drawn up. These include: the dialogue with the legal professions, the reformation of pre-university and university curricula, the establishment of methodological landmarks for teaching law.

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Să începem cu De ce?

Author(s): Andreea Verteş-Olteanu / Language(s): Romanian Issue: 03/2022

Students are, in general, young people, fresh out of highschool. Law is not a subject studied in school and it presents them with new challenges: they not only have to learn law, but, even more difficult, they find themselves in the situation of learning how to learn law. As for the teaching staff, university competition and the higher education ‘market’ bring along a new obsession: student satisfaction as a central imperative. The intensification of the requirement to be responsive to the wishes and needs of students and the ‘urge’ to seek their absolute satisfaction come into collision with the classical conception in education, according to which a sustainable intellectual development can only be achieved through hard work, challenge and effort. Legal education is not easy to write about. You move in a well-mapped landscape where you can hardly notice anything that hasn't already been discussed. This article aims to present some thoughts related to the context of education in general, curriculum and examination, with no claims to be original, yet having the sole merit of being honest.

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Rezultatul anchetei: un bilanţ (parţial şi provizoriu) al stării educaţiei juridice din România

Author(s): Lucian Bojin / Language(s): Romanian Issue: 03/2022

The text presents the initiative behind the survey in this special issue of the Romanian Journal of Private Law, the stakes of the debate on legal education in Romania and brief explanations for the questions selected to be addressed to the guests. It also contains a personal selection of ideas, nuances or insights from each of the contributors.

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Implicaţiile principiului adevărului în cadrul procedurilor judiciare: realităţi şi perspective

Author(s): Ioan Leş / Language(s): Romanian Issue: 03/2022

In this study, the author analyses the possibilities of establishing the truth in judicial proceedings, particularly in civil proceedings. The principle of truth is analysed in relation to the active role of the judge, which, although not expressly enshrined in law, is an undeniable fundamental principle. It is particularly important to note that the establishment of the truth is not only linked to the active role of the judge, but also to other important principles of judicial procedure, as well as to some essential institutions, such as those relating to the appeal process and enforcement. Some particularities are also highlighted with regard to certain means of evidence, such as expert and testimonial evidence. In essence, the author considers that the truth promoted by the judge is not an absolute truth, but a judicial one, which should tend towards an objective truth. However, it should be noted that in the case of a judgement based on legal presumptions, the truth is no longer a judicial truth, but a legal truth, and in the case of a settlement we are in the presence of a conventional truth. Finally, the author considers that the promotion of the principle of truth also implies measures to strengthen the judge's independence and impartiality.

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Analiză practică asupra termenilor de anonimizare şi pseudonimizare

Author(s): Andreea Maria Boţîrcă-Nicolae / Language(s): Romanian Issue: 02/2022

The GDPR entered into force in Romania more than 4 years ago, but despite all this, the interpretation of the specific terminology still raises problems and creates confusion not only among the uninitiated, but also among experts and authorities whose obligation is the correct implementation of this regulation. The present article aims to provide an analysis of these aspects and the clarification of one of the most frequent confusions, of this kind, encountered in Romanian society, namely the definition and correct use of the terms: "anonymization" and "pseudonymization" both from an etymological point of view, but also from the point of view of technical and legal implications.

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