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THE LISBON TREATY AND THE RISKS OF NON-COORDINATION OF ECONOMIC POLICIES IN THE E.U.

Author(s): Grigore Silasi,Ion M. Anghel / Language(s): English Issue: Supliment1/2019

Article 5 of the Treaty on the Functioning of the European Union (T.F.E.U.) states: “1. Member States coordinate their economic policies within the Union. To this end, the Council adopts the measures, including the broad guidelines of these policies. Special provisions apply to Member States whose currency is the Euro. 2. The Union shall take measures to coordinate the employment policies of the Member States, in particular by defining the guidelines for those policies. 3. The Union may take initiatives to coordinate the social policies of the Member States.”

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CONSIDERATIONS REGARDING THE ROLE OF JURISPRUDENCE AS A SOURCE OF LAW IN ROMANIAN LAW AND IN EUROPEAN UNION LAW

Author(s): Mihai Bădescu / Language(s): English Issue: Supliment1/2019

All the ways of expressing the content of the law are known in the specialized literature under the name of sources or sources of the law, there being two understandings of the term of source of law, namely: source of law in the material sense known also as material or real source and source of law in the formal sense or formal source. Judicial practice or jurisprudence is one of the formal sources of law. This is defined as representing the whole of the judgments given by the courts of all degrees, including the practical experience of the judicial bodies that apply the law to concrete cases. Being prior to law as a source of law, jurisprudence did not have the same role in the legal systems, its role and purpose being different from one historical era to another, from one system of law to another. Thus, we will briefly discuss some aspects specific to the jurisprudence in contemporary law, in Romano-Germanic law, in Anglo-Saxon law, focusing more on the judicial practice in Romania, on those exceptional situations, provided by the Constitution and other laws, which urge the reconsideration of judicial practice as a source of law. In EU law, case law is accepted as a (complementary) subsidiary source of EU law.

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“DISCRIMINATION BY ASSOCIATION” - BETWEEN JURISPRUDENTIAL CONSECRATION AT EUROPEAN LEVEL AND LEGISLATIVE DESIRE IN ROMANIA. SOME CONSIDERATIONS

Author(s): Constanta Matusescu / Language(s): English Issue: Supliment1/2019

Discrimination by association is a concept that, while not expressly regulated by the European Union law, has been enshrined in the case law of the Court of Justice of the European Union. It allows the extension of the legal protection provided by the antidiscrimination legislation of the European Union to persons who, although they do not belong to the protected categories due to the reasons of discrimination envisaged (racial and ethnic origin, religion or belief, disability, age and sexual orientation), undergo less favorable treatment or certain disadvantages as a result of the links ("association") with a protected category. In Romania, discrimination by association is not consecrated at the legislative level, but in recent years two legislative initiatives (still unfinished) have been promoted in order to regulate it. In this context, the article aims to analyze the scope of discrimination by association, starting from the European legal framework in the field of non-discrimination and from the interpretative case law of the Court of Justice of the European Union. The main landmarks of the Court's case law and its possible implications at national level are identified. At the same time, by making a brief inroad into domestic law in combating discrimination, the paper concludes that, although there are certain obstacles, national law can be interpreted to include discrimination by association. Therefore, although a legislative consecration of discrimination by association is preferable, it should be done with a degree of caution given the possible implications and persistence of certain ambiguities in the relevant European case law.

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THE LEGALITY OF THE APPLICATION OF SUPPLEMENTARY AND ACCESSORY PUNISHMENTS FROM THE PERSPECTIVE OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE COURT OF JUSTICE OF THE EUROPEAN UNION

Author(s): Alexandru Porof / Language(s): English Issue: Supliment1/2019

The national penal legislation stipulates three categories of punishment, respectively: principal, accessory and supplementary punishments. The supplementary punishments are regulated by art. 55 Penal Code, these being as follows: prohibiting the exercise of certain rights, military demotion and publication of sentence decision. The application of a supplementary punishment in the cases where the law provisions the obligation of its application does not constitute an intromission in the rights guaranteed by The Convention, as long as the court substantially motivates the necessity of such a supplementary punishment in relation with the nature and the seriousness of the deed, as well as with all the circumstances where it was committed. The court has the possibility to apply an accessory punishment if the principal punishment ruled is that of a fine, but they have the obligation to mention in the operative part of the judgement that the accessory punishment is to be executed if the fine is replaced with imprisonment.

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THE INTERNATIONAL AREA OF THE SUBMARINE TERRITORIES IN THE CONTEXT OF THE EUROPEAN UNION INTEREST ON THE EXPLORATION AND EXPLOITATION OF THEIR RESOURCES

Author(s): Laura Magdalena Trocan / Language(s): English Issue: Supliment1/2019

The existence of unexpected resources in the seas and oceans of the world and the real possibilities of covering of important part of the food and energy requirements of humanity in the context of the exhaustion, in a time not too distant, of the terrestrial resources have made that the interest for the world ocean grow steadily, currently, many entities within the European Union being involved in the activities of exploration and exploitation of the seas and oceans, both as technology providers and as mining operators because, despite its small size, this sector has the necessary potential to generate sustainable development and jobs for future generations. The European Union is becoming more and more interested in identifying viable technologies for commercial extraction of marine resources located at great depths, both in the areas located in the national jurisdiction and in the international area of the submarine territories and to participate in the elaboration of relevant regulations that take into account the requirements of the protection of the marine environment. In this context, this article aims to make a brief presentation of the international area of the submarine territories in the context of the European Union's interest in exploring and exploiting its resources.

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THE IMPACT OF CORONAVIRUS IN THE EU AND IN HUNGARY –ESPECIALLY IN REGULATIONS

Author(s): Balázs Szabó,Anna Laczik / Language(s): English Issue: 1/2022

In December 2019, the Chinese municipality of Wuhan reported an outbreak of the new coronavirus, which soon spread to other parts of China and the world. SARS-CoV-2, also known as COVID-19, was later identified by the World Health Organization. By January 2020, hotspots had appeared in several EU member states, with the first official case being reported in Hungary on March 4. All EU member states have reported COVID-19 cases by March 2020, and the number of cases has continued to rise since then. The World Health Organization (WHO) is in charge of coordinating the global response . COVID-19 was declared a global pandemic by the WHO on March 11, 2020. During our research, we examine the general effects of COVID-19 in the European Union and Hungary and their responses to the COVID-19 because it has not just social and legal challenges but also necessarily economic implications as well.

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EUROPEAN CITIZENS’ INITIATIVE: NEW RULES, NEW TREND?

Author(s): Angela Maria Romito / Language(s): English Issue: Supliment2/2019

This article will focus on the European citizens' Initiatives (ECIs) reform which will enter into force on 1 January 2019. Starting with an analysis of EU legal sources, this article will first highlight the rising interest in the most prominent participatory democratic instrument at the EU level; in a second step, it will present the actual outcomes of ECIs launched so far, highlighting some criticisms regarding the functioning of the process. In the conclusion, it will illustrate the recent reform introduced by Regulation 2019/788, questioning whether the new changes will enhance the participation of Civil Society and citizens in the EU integration process as a possible remedy to bridge the gap between supranational governance and citizens.

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OSCILLATING BETWEEN DIFFERENT TYPES OF PUBLIC CONTRACTS REGARDING THE CONSTRUCTION OF A HIGHWAY

Author(s): Cătălina Georgeta Dinu / Language(s): English Issue: Supliment2/2019

The article underlines the difficulties that the public authorities have in choosing the most suitable public contract for the construction of a highway, starting from the identification of the applicable legislation in this matter, both at European and national level. The analysis of examples of good practice in such constructions is also necessary, by evaluating some public contracts already executed at the level of some foreign states. The impasse in which Romania has been for many years for the construction of a highway can be overcome by elaborating an appropriate legislation and applying it correctly. Therefore, the understanding of the specificity of the various contractual categories to which the Romanian state can appeal in order to materialize this old desire to build a highway is essential. The representatives of the central authorities often oscillated between public-private partnership, concession of works and public procurement, although the legislation has changed several times during this time. And the transposition of the European directives in the field seems not to have led to a clear conclusion on the long-term benefits and efficiency of these contracts. The article intends to respond to these concerns that currently grind the aspirations of materialization and completion of the construction of the Brasov-Comarnic highway from Romania.

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CONSIDERATIONS REGARDING THE DEPRIVATION OF LIBERTY OF JUVENILES IN CRIMINAL MATTERS, IN LIGHT OF NATIONAL AND INTERNATIONAL REGULATIONS

Author(s): Nicoleta-Gabriela Chihaia / Language(s): English Issue: Supliment2/2019

This article aims to identify the international legal framework, especially the European one, as well as the national framework regarding the deprivation of liberty of juveniles in criminal procedure proceedings, starting from the correct implementation of the principles that concern the interest of this category of persons and continuing with the situations in which it can be disposed, as well as the impact that such a measure has on the juveniles, but also on the families from which they come from. At the same time, this article presents, on the one hand, the vulnerabilities presented by juveniles in detention, and on the other hand, their main rights, both at European and national level. The importance of monitoring the places in which the juveniles are detained is emphasized, as well as the need for alternatives measures to the deprivation of liberty of juveniles, depending on the different stages of the procedure in which they are involved. This goal is the hardest to achieve in practice, as there are few possibilities for implementing such alternative measures. The criminal justice system for juveniles must be oriented entirely towards respecting the rights and safety of juveniles, to promote their well-being, both physically and mentally, and the deprivation of liberty should be used as a last resort, only in exceptional situations, when it is absolutely necessary to achieve the goals provided by the legislation in this matter.

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CRIMINOLOGICAL LANDMARKS FOR EXPLAINING CAUSES OF CRIME

Author(s): Carmina-Elena Tolbaru / Language(s): English Issue: Supliment2/2019

The issue of crime stands out to a level ever more debated in the area of current social context. Studying crime involves studying criminals, these two being inextricably linked. We are committed to study the criminal as an individual, so it is impossible to completely cleave the image of the individual from the social picture which is attached to and which marks his existence and evolution. The attention to this scourge which spreads to all levels of society, both at the individual and group of individuals, should be delimited by reference to crime aetiology by highlighting the causes and criminological factors, both individual and social.

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Articolul 3 din Convenție. Interzicerea relelor tratamente. Încălcare. Aspecte material. Aspect procedural

Author(s): Antonia-Eleonora Constantin / Language(s): Romanian Issue: 1/2022

Out of art. 3 of the Convention it results the general principle of non-ill-treatment and the obligation of the State authorities to carry out an effective investigation. The failure of the domestic authorities to demonstrate the proportionality between the force involved and the applicants' conduct led the Court to conclude that there had been a breach of the substantive component of art. 3 of the Convention. In addition, in order for an investigation into ill-treatment by state agents to be effective, it is necessary for the persons in charge of its conduct to be independent of those involved in the events. This implies not only the absence of any hierarchical or institutional connection, but also a practical independence. In the case, the investigation was carried out by the internal control office of the Bucharest police, which is not compatible with this principle, which implies the lack of hierarchical or institutional link between the persons in charge of carrying out the investigations and those involved in the investigated facts. The national authorities did not remedy, at a later stage in the investigation, the lack of impartiality with regard to the police officers accused of ill-treatment, so the Court considered that the authorities did not conduct an impartial and effective investigation into the applicants' allegations were subjected to ill-treatment and found a violation of the procedural component of art. 3 of the Convention.

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ASPECTS CONCERNING EDUCATION. THE SCHOOL SYSTEM IN ITALY AND ROMANIA

Author(s): Sorina Mihaela Bălan / Language(s): English Issue: 1/2022

Education is a European priority. This study presents aspects of education in Italy and Romania. In the document "Framework for European cooperation in education and training ET 2020" the strategic objectives are: the concrete realization of lifelong learning and mobility, the improvement of the quality and effectiveness of education; the promotion of equity, social cohesion and active citizenship; the encouragement of creativity and innovation. To the question "What are the best schools in Europe and how do they work "the results of the Pisa test are presented. Other problems addressed are: Lower secondary education; Role of teachers in education systems. For the future, it remains to be seen what the results of the PISA tests will be applied in 2021, after a period marked by the COVID-19 pandemic. The future of education must be about the integration of different subjects, the integration of different students and the integration of various learning contexts.

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Divergent Views On The Right To Be Digitally Forgotten: The Opinions Of The General Advocates Vs. The Decisions Of The Court Of Justice Of The European Union

Author(s): Silviu Dorin Şchiopu / Language(s): English Issue: 02/2020

The current configuration of the right to be digitally forgotten is due to several judgements rendered by the Court of Justice of the European Union on the interpretation of the Union law regarding the protection of personal data. However this right is not an absolute one, but it must be considered in relation to its function in society and be balanced against other fundamental rights, in accordance with the principle of proportionality, considering that the General Data Protection Regulation respects the freedoms recognised in the Charter as enshrined in the Treaties, in particular the freedom of expression and information. The right to be delisted on search engines was born precisely at the intersection of these opposing rights and freedoms. In each case both the Advocate general and the Court tipped the balance between the right to privacy and the protection of personal data, on the one hand, and the freedom of expression and information, on the other hand, and every time the Court had, at least in part, a different standpoint on the right to be digitally forgotten.

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The Impact of Brexit on A Series of European Union Institutional Actors

Author(s): Claudia Elena Marinică / Language(s): English Issue: 02/2020

The recent European Union 27 extension of the article 50 TEU (”Brexit flextension”) adopted at the end of October 2019 effective the 31st of January 2020, has the potential to affect both the UK and EU institutional actors. For some of them, such as the Court of Justice of the EU, the after effect of Brexit on the Court, as an EU institutional actor, will lead to the discovery of the fact that a series of fundamental legal changes will affect this relationship and, obviously, the UK citizens and others who are living there. This article highlights some aspects regarding the relationship between the two parts starting with the 31st of January 2020, meaning the transition period and afterwards the impact of CJEU case law and judgements. The Withdrawal of the United Kingdom from the EU calls into question the activity of the institutional actors of the Union, including the CJEU on which we will focus in this article and how this will change both the UK and EU economic and political climate, but one of the most important effects we appreciate it will be the economic impact. It is hard to only conclude this or whether this relationship will have some positive results or, on the contrary, it translates to the beginning of some legal uncertainties and problems for the citizens (e.g. mobility, citizenship, immigration policies), not only during any transitional period but also in the long term or not at all if there will be a no-deal Brexit.

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Immigration And European Solidarity

Author(s): Irina Zlătescu,Alexandra Bucur-Ioan / Language(s): English Issue: 02/2020

As a result of the intensification of immigration, European policy has evolved in recent years, the field being an open one. The main purpose of the article is to highlight the essential aspects of immigration at European Union level in accordance with the principle of solidarity. Immigration management is a central activity of sovereign states. As in the European Union, the supranational level has contributed to the application of the principle of solidarity. The European Union is at a turning point. The directions adopted at European regional level require an analysis, at the heart of which is the principle of solidarity.Despite the contradictions at the level of the European Union regarding the management of the process of mobility of people, the political agenda develops clear directions, and the official political vision is to encourage the phenomenon of legal migration and discourage illegal migration. The Common Immigration Policy pursues several objectives, that of managing migration flows, treating third-country nationals in an equitable manner, and preventing and combating illegal immigration and trafficking in human beings. Solidarity is a key word in the management of immigration, as all the European Union's objectives in this area require a shared responsibility of all Member States. Thus, cooperation between states is vital. Without cooperation and solidarity the joint project will face difficulties and cannot be implemented effectively. Firmness and solidarity, as well as shared responsibility, are the key words for European policy on managing migration in the European Union.

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State Immunity, the ICJ and Customary International Law

Author(s): Zia Akhtar / Language(s): English Issue: 01/2021

The concept of state immunity has governed norms of discourse of states as part of customary international law. It implies that states are not liable in the domestic courts of another state for any wrongdoing committed within their own jurisdiction. In Jurisdictional Immunities of the State (Germany v. Italy, Greece intervening) No 143, (3 February 2012) the International Court of Justice (ICJ) ruled that the immunity from litigation and enforcement enjoyed by states in regard to their property situated on foreign territory goes further than the jurisdictional immunity and that this is overriding even over human rights breaches. There can be no claim of damage suffered in another state that could be compensated by the respondent state. However, the ICJ has diverged from this principle in its ruling in Certain Iranian Assets (Iran v. United States) (2019) No. 2019/51 in which it denied the Iranian claim that the US had no right to seize its property within the federal jurisdiction. This paper enquires if the implications are the reduced scope of its jurisdiction in such matters, and if the ICJ should revert to its established principle that the customary international law takes precedence over domestic statutes that dilute state immunity.

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European Public Prosecutor’s Office: lights and shadows of a complex architecture. Prosecuting crimes at the European level with an ambitious approach

Author(s): Giulia Guagliardi,Mihai Morar / Language(s): English Issue: 01/2021

This paper aims to provide an overview of the European legislative framework regarding the newly established European Public Prosecutor’s Office, highlighting some of the critical aspects in regard to its functioning and providing a comparative analysis of the Italian and Romanian legislation enacted to adapt the national legal system to the Council Regulation 2017/1939.

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O SCURTĂ ANALIZĂ CRITICĂ A DECIZIEI NR. 5027 DIN 26 OCTOMBRIE 2021 A ÎNALTEI CURŢI DE CASAŢIE ŞI JUSTIŢIE CU PRIVIRE LA REGISTRUL DE EVIDENŢĂ A REZERVĂRILOR CLIENŢILOR

Author(s): Silviu Dorin Şchiopu / Language(s): Romanian Issue: 02/2022

At the beginning of last year, Braşov Court of Appeal ruled in Sentence no. 16 of 26 February 2021 that Order no. 1493/2020 approving the application norms of Article 8 of Law no. 55/2020 on certain measures to prevent and combat the effects of the COVID-19 pandemic, by regulating an obligation on economic agents to process personal data, thus directly restricting the exercise of the fundamental right to the protection of personal data, but also the right to privacy, regulated by the Constitution, it is illegal, as this restriction can only be regulated by law, as a formal act of the Parliament. Following the appeal declared by the issuers of Joint Order no. 1493/2788/149/2020, the High Court of Cassation and Justice partially overturned the appealed sentence and, rejudging, it rejected as unfounded the action in annulment of the provisions regarding the register of customer reservations from the Norm approved by the mentioned order. The High Court of Cassation and Justice ruled that, contrary to the first instance, the contested order is legally issued according to Article 8 and 71 (2) of Law no. 55/2020, Order no. 1493/2020, which approves in concrete the application norms of Article 8 of Law no. 55/2020, not having the consequence of an illegal and unjustified restriction of the right to privacy by personal data processing, data that are mentioned in the register of customer reservations, thus overturning the decision of the first instance regarding the illegality of the order. As domestic remedies have been exhausted, the next natural step would be to lodge a complaint at the European Court of Human Rights, which is why this short study will analyze the High Court of Cassation and Justice’s ruling also in the light of a possible violation of Article 8 ECHR.

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Prawo do strajku generalnego. Rozważania de lege lata i de lege ferenda

Author(s): Janusz Żołyński / Language(s): Polish Issue: 4/2021

The right to political (general, universal) strike is undoubtedly polycentric in nature, since in order to properly decode and interpret it, it is necessary to refer to both axiology, philosophy and national and international law, including EU law. Moreover, a political strike is in fact not only a result of axiological assumptions, accepted philosophical or doctrinal and political considerations. It manifests the state of the State and the level of democracy in terms of the struggle for the improvement of working and remuneration conditions, social sphere or public sphere.

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Balance of Rights in Directive 2019/790 on Copyright in the Digital Single Market – Is the Opt-out Clause Sufficient for the Protection of Author’s Moral Rights?

Author(s): Karolina Jerzyk / Language(s): English Issue: 2/2021

Digitization is an important process taking place within contemporary legal systems, leaving its fingerprints on different branches of law and forcing changes to traditional industries while not sparing the system of cultural heritage protection. Cultural institutions are nowadays facing the challenge of combining mass digitization with public access to works which are part of their collections. At the same time they are struggling with the applicable copyright law. The new EU Directive on Copyright in the Digital Single Market addresses those needs, introducing a system of extended licencing granted by Collective Management Organizations (CMO) and facilitating an easier access to works which, due to their unresolved copyright status, were not ready to be publicly displayed. This article addresses the problem of striking a balance between the private and public interests involved in this process by analysing the opt-out procedure to the new licencing scheme, and confronting it with the traditional protection granted to authors based on moral rights. It seeks to answer the question whether the new opt-out system is sufficient to protect an author’s interests arising from his or her moral rights, and whether such interests would also be sufficiently safeguarded after an author’s death (post mortem auctoris).

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