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THE EUROPEAN UNION: THE EVOLUTION TOWARDS A POLITICAL UNION

Author(s): Carmen Dima / Language(s): English Issue: 1/2022

Ever since its foundation, the European Union has always had treaties in place, which regulate a wide variety of topics: from economics and free trade to European Citizenship or individual rights. Throughout the years, these treaties have evolved and have adapted based upon the needs and demands of the member states, but ultimately, of the European citizens. What used to be a common market for steel and coal in between France and West Germany has evolved into a political union counting 27 states. This spectacular transformation is the result of over 70 years of European cooperation. Resulting from this cooperation are the numerous treaties enacted throughout the years, which have been the very essence of the European Union, shaping its law, institutions, and policies. Without any hesitation, it can be said that the backbone of the whole European Union are the treaties which shape it.

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COOPERATION OF THE EUROPEAN PARLIAMENT WITH THE NATIONAL PARLIAMENTS OF THE MEMBER STATES

Author(s): Ioana Nely Militaru / Language(s): English Issue: 1/2022

Cooperation relations have been established between the European Parliament and national parliaments, initially through systematic meetings between the Speakers of National Parliaments and later through meetings of parliamentary factions and committees. Cooperation between the European Parliament and national parliaments has been enshrined in Protocol no. 1 on the role of national parliaments in the European Union in organizing and promoting interparliamentary cooperation. COSAC - Inter-Parliamentary Conference of European Business Bodies, was established in Madrid in 1989. Members of the national parliaments of the Member States of the European Union have committed themselves to strengthening the role of the national parliaments of the Member States in relation to Community issues, today of the Union.

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Contractul de transport maritim de mărfuri: câteva particularităţi

Author(s): Jacques Bonnaud / Language(s): Romanian Issue: 01/2017

Originalitate pentru unii, particularism pentru alţii, cititorii noştrii ştiu că dreptul maritim este un drept diferit. Precum spunea, atât de corect, regretatul nostru Wiliam Tetley, „dreptul maritim nu este o ramură a dreptului, ci o tranşă din toate ramurile dreptului.” Din acel moment nu ne vor mira particularităţile contractului de transport maritim de mărfuri. Cel mai adesea internaţional, acest contract nu are vocaţia de a fi influenţat de dreptul maritim european, dar interpretarea franceză nu este la adăpostul recentei reforme a dreptului obligaţiilor. Codul transporturilor dă următoarea definiţie: „Prin contractul de transport maritim expeditorul se angajează să plătească o anumită marfă şi transportatorul să ducă o anumită marfă dintr-un port în altul.” (Art. L 5422-1). Vom trata câteva particularităţi ale acestui contract, neignorând că subiectul ar putea să furnizeze material pentru o teză de doctorat. Vom distinge (I) specificitatea fizică (II) şi specificitatea documentară a contractului de transport maritim de mărfuri.

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Reforma dreptului contractelor: ce incidenţă are asupra contractelor maritime?

Author(s): Philippe Delebecque / Language(s): Romanian Issue: 01/2017

Ordonanţa 2016-131 din 10 februarie 2016 reformează dreptul contractelor, al regimului general şi al probei obligaţiilor. Inutil de subliniat importanţa sa: aproape 353 de noi articole din Codul civil; o nouă numerotare; noi titluri; o nouă organizare, conţinând dispoziţii numite introductive şi un nou plan, mai structurat decât cel anterior. Ansamblul dreptului contractelor, al dreptului probei şi al regimului obligaţiilor, care data, în partea esenţială, din 1804, este, astfel, reînnoit. Obiectivele reformei sunt expuse în ceea ce ţine de lucrările pregătitoare, şi anume raportul Preşedintelui Republicii care precedă textul ordonanţei: asigurarea securităţii juridice, simplificând unele mecanisme şi suprimând unele noţiuni considerate, greşit sau pe bună dreptate, prea complexe (ex. conceptul cauzei) şi favorizarea atractivităţii dreptului francez, modernizându-l, ţinând cont de evoluţiile economice şi sociale contemporane. Ca atare, aceste obiective sunt consensuale şi pot fi împărtăşite de către întreaga comunitate juridică, avocaţi, notari, magistraţi, arbitri şi, în general, de toţi cei care recurg, de aproape sau de departe, la dreptul obligaţiilor.

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Codul polar. Un repertoriu al regulilor de navigaţie în gheţurile polare

Author(s): Claire Garnier / Language(s): Romanian Issue: 01/2017

Intrat în vigoare la 1 ianuarie, Codul polar este un repertoriu al regulilor obligatorii pentru navele exploatate în apele polare, la sud de latitudinea 60oS şi la nord de latitudinea 60oN, cu excepţia Islandei, Nordului Scandinaviei şi a Rusiei.

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Ameliorarea competitivităţii porturilor

Author(s): Robert Rézenthel / Language(s): Romanian Issue: 01/2017

Raportul misiunii parlamentare asupra levierelor de consolidare a atractivităţii şi competitivităţii porturilor din nordul Franţei prezintă un diagnostic al situaţiei actuale a porturilor din Dunkerque, din Calais şi Boulogne-sur-Mer, din care prezentăm mai jos un text nonexhaustiv. Autorii acestui raport, senatorii Jérôme Bignon şi René Vandierendonck, listează 27 de recomandări pentru a dezvolta activităţile portuare şi logistice în nordul Franţei, pe parcursul celor cinci ani viitori.

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Gestiunea portuară şi simplificarea dreptului

Author(s): Robert Rézenthel / Language(s): Romanian Issue: 01/2017

Consiliul de Stat a consacrat mai multe studii asupra simplificării dreptului. Diverse dispoziţii legislative şi reglementări au reluat acest principiu, fără a înceta, prin urmare, multiplicarea textelor. La cel mai înalt nivel de stat a fost anunţat un bloc de simplificare, dar punerea sa în aplicare a fost deturnată, uneori, asupra anumitor aspecte. Analiză

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JURIDICAL RESPONSIBILITY OF THE STATE – THE CONSEGUENCE OF ILLICIT BEHAVIOR OF HIS REPRESENTATIVES

Author(s): Moraru Elena / Language(s): English Issue: 1/2022

The juridical responsibility of the state is grounded on necessity of the regulation and protect of social relationships, the creation of conditions of a normal and adequate living in society, the providing of legality and right order which in its turn grounds the necessity of existence of state as a sovereign subject of the public law. In this way as a basis of juridical responsibility of the state may be generally indicated the social grounds of the juridical responsibility that is non-admission of damages causes founded on the rigor of an efficient achievement of the state functions.

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ANALYSIS OF THE PRINCIPLE OF COMPETENCE OF THE CIVIL SERVICE FROM THE PERSPECTIVE OF THE EUROPEAN UNION STAFF REGULATIONS AND THE ROMANIAN ADMINISTRATIVE CODE

Author(s): Popescu Viorica / Language(s): English Issue: 1/2022

In contemporary society, public administration has a fundamental role to play in influencing sustainable economic prosperity, social cohesion and people‘s wellbeing. The current pace of social, technological and economic change requires the public administration to adapt to new realities. This adaptation cannot be achieved without taking into account the most important factor, namely the human one. Hiring civil servants on the basis of clear competency criteria will allow the public administration to improve its efficiency, but also to increase the attractiveness of the public sector. The principle of competence in the public service is a fundamental principle both at the level of the European Union and at the level of each Member State. This article aims to make a brief analysis of this principle from the dual perspective of Union regulations and regulations in Romanian law in order to highlight its value in strengthening public administration.

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CONSIDERATIONS ABOUT THE CONCEPTS/MODELS OF PREVENTION CRIME

Author(s): Aura Preda / Language(s): English Issue: 1/2022

The contemporary criminology is due to propose, by turn to account on the advanced measurement and evaluation techniques regarding concrete measures for the diminution of the criminogenic risk factors, implicitly actions with preventive specificity. The concern for crime prevention becomes a priority, especially in the context of extensive studies on the cost of crime. Thus, the phrase "preventive criminology" becomes justified by referring to the broad types of prevention developed by different criminological schools. The concept of crime prevention is indispensably correlated with that of social control.

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TAXATION OF INCOME OF INDIVIDUALS - HISTORY AND MODERN TRENDS

Author(s): Adriana Ioana Panțoiu / Language(s): English Issue: 1/2022

Fiscal policy is one of the tools by which the state can influence economic development. At the same time, the level of public services depends on the quality of the fiscal system, and, in close correlation with them, the degree of satisfaction of the taxpayers. The amounts resulting from the collection of taxes due for the income obtained by individuals are, at European level, the second most important source of public revenue, after the amounts collected as VAT. Therefore, states pay more attention to how these revenues are taxed. At national level, the return to the progressive taxation system, which would replace the single quota system, has been discussed. For these reasons, this article aims to present some of the most important aspects of personal income taxation.

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THE RIGHT TO FREE MOVEMENT AND RESIDENCE WITHIN THE EU - BEYOND ITS LIMITS?

Author(s): Mihaela Adriana Oprescu / Language(s): English Issue: 1/2022

The heterogeneity of the national legal systems of the EU Member States creates the preconditions for a person to be considered married under the law of one Member State and unmarried in relation to the law of another Member State. The exercise of the right of free movement and residence within the EU, which is the prerogative of European citizenship, therefore calls into question the way in which the national legal order is articulated with the European one, in the context in which the effectiveness of this right is affected, on the one hand. by the lack of unequivocal identifications of its beneficiaries and, on the other hand, by the differences in the Member States' approaches to conjugality models. In the Coman judgment, the Court of Justice of the European Union, using the method of self-interpretation, provided a new definition, fully emancipated from the national law of the Member States, of the concept of “spouse” with which Member States must operate when acting in the sphere of application of the Treaties. Similarly, in an attempt to find a solution to the harmonization of the legal systems of the Member States in this field, the Luxembourg court has opened Pandora's box which can be used to provide legal proceedings for same-sex couples residing in an EU Member State, grafted on the principle of non-discrimination.

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THE NEW OLD REGULATION ON THE SERVICE IN THE MEMBER STATES OF JUDICIAL AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS

Author(s): Andreea Tabacu / Language(s): English Issue: 1/2022

The new realities of technological development and the increasing procedural use of modern communication tools, in the context of demonstrating their usefulness in pandemics, have attracted the need to adapt and communicate judicial and extrajudicial documents in civil and commercial matters in the Member States. of the European Union. Thus, the new Regulation no. 1784/2020, which, although it largely retained the procedural solutions of the current Regulation no. 1393/2007, gave important effects to the way of transmitting the procedural documents in the electronic environment and thus determined a real speed of the service procedures.

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FREEDOM OF EXPRESSION OF THE MEDIA AND THE RIGHT TO PRIVACY. FROM THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

Author(s): Ramona-Florina Duminică,Andreea Drăghici / Language(s): English Issue: 1/2022

This article brings up the sensitive issue of the relationship between two human rights: freedom of expression and the right to privacy .Do fundamental rights, guaranteed at national, European and international level, enter into a real conflict? How is this conflict resolved? To what extent is their interpretation possible in harmony? Based on these questions, we propose in this study a debate on the existence of a conflict between these two rights and the possibilities for settlement by reference to the jurisprudence of the ECHR in this matter.

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THE MINOR'S CAPACITY TO EXERCISE AND TO CONTRACT

Author(s): Noni-Emil Iordache / Language(s): English Issue: 1/2022

The positioning of the natural person in various classes according to the exercise capacity has legal importance from the point of view of the categories of legal acts that can be validly concluded under certain conditions by these classes of persons. For the conclusion of legal acts, the lack of capacity to exercise requires the legal representation of the person, and the restrained capacity to exercise the legal assistance. Nothing precludes a person without capacity to exercise or who has a restrained capacity to exercise to enter personally and alone into civil relations. In this study we analyze legal acts that can be concluded by the minor without legal capacity to exercise, legal acts that can be concluded by the minor with limited capacity to exercise, and legal acts that can be concluded by the minor with anticipated full capacity of exercise

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ASPECTS REGARDING THE CONCLUSION AND CONTENT OF THE HOTEL SERVICE CONTRACT WITHIN HORECA

Author(s): Laura Ramona Nae / Language(s): English Issue: 1/2022

The hotel activity corresponding to the HoReCa tourism industry, which is also limited to the field of tourism, is a complex activity, which involves various contractual relationships and constantly changing legislation, determined by the evolution of technology and the dynamics of the economy in this sector. The contracting parties involved in the hotel business are: the hotel company providing the hotel services, the tourist / customer consuming hotel services, the state authorities responsible for complying with the applicable legislation in the field. The contractual legal relations related to the tourism activity include: hotel services (accommodation and catering), relaxation and treatment activities, leisure and historical tourist circuits, sports activities, body maintenance and beauty activities, ways of extinguishing the obligations between the contracting parties, and so on.

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DOES ART 21 PARA 6 OF THE LAW NO 165/2013 STILL OFFER US SURPRISES?

Author(s): Andrei Soare / Language(s): English Issue: 1/2022

The current version of Art 21 Para 6 of Law no 165/20132represents the wording by which the Romanian Parliament balanced the provisions of the Constitution with the concrete way of valuing real estate in order to grant remedial measures in equivalent, in the form of compensation points. The present study seeks to answer the question: whether the current wording, being the eighth intervention that the legislature has made on a single article, solves the problems that arise during its application, in this vital matter for the beneficiaries of the law represented by real estate valuation in in order to establish the number of compensation points. The guide in the trip I propose will be the Decision no 9/20223 pronounced by the High Court of Cassation and Justice – Panel for resolving legal issues on 21February 2022.

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THE EFFECTS OF THE OPENING OF INSOLVENCY PROCEEDINGS

Author(s): Dragos Daghie / Language(s): English Issue: 1/2022

The insolvency procedure, as regulated by Law no. 85/2014, produces major changes in the life of traders, changes determined by the takeover of business administration by the insolvency practitioner or by creating a procedure for supervising the activity in case the debtor enters the observation period. Once the conditions for opening the procedure are met and if the court has ordered the admission of the application, the debtor changes his legal clothes by going through a period of analysis of the activity to be carried out in the previous period, an analysis that will be found in the reports. they are filed by the insolvency practitioner and on which the future of the debtor depends.

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THEORETICAL CONSIDERATIONS REGARDING THE RIGHT OF REGRESSION OF THE GUARANTOR

Author(s): Nora Daghie / Language(s): English Issue: 1/2022

Relationships arising between the main debtor and the guarantor usually represent the consequence of the payment made by the guarantor to the creditor. The guarantor which has paid the debt has a right of regression against the debtor, even when it committed itself without the debtor’s consent. In certain cases expressly provided for by law, the guarantor shall be recognized a right of regression as well, before making the payment. This is the case of expected regression. Limits of the right of regression are sometimes determined by the main debtor’s position in relation to the suretyship. To this end, the legislator regulates three situations: when the guarantor committed itself with the debtor’s consent [Art. 2.306 para. (1) of the Civil Code]; when the guarantor committed itself without the consent of the debtor [Art. 2.306 para. (2) of the Civil Code]; when the guarantor committed itself against the debtor’s will (Art. 2.309 of the Civil Code).

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THE VALENCES OF WORK WITHIN THE CONTEMPORARY SOCIETY

Author(s): Matei Cătălin-Andrei / Language(s): English Issue: 1/2022

In the current socio-cultural context there is a need for a formative education of work with a divine, social and personal approach. On the labor market there is a social and moral crisis. I believe it is necessary correlating the resources of the school with the requirements of the labor market for outlining the social aspirations of professional training students, a career and find a job. Moreover, work is a factor of moral progress and cultivation of virtue in a secularized world.

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