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THE “STEP-BY-STEP” PRINCIPLE IN THE EUROPEAN UNION LEGISLATION ON GENETICALLY MODIFIED ORGANISM

Author(s): Maria Carolina Niță / Language(s): English Issue: VI/2012

The “step by step” principle was introduced in the European Union law with the aim to comply with the dubiety regarding the risks which derive from the release of genetically modified organisms into the environment. In recent years, in the process of authorizing the deliberate release, and the placing on the market of GMOs it is to be observed a clear guidance towards a gradual reduction of usage in isolation circumstances of GMOs and a release on a large scale into the environment, but based on a cautious approach regarding the risks that GMOs may represent for the environment. The gradual reduction process of using genetically modified organisms in isolation circumstances is being realized “step-by-step”, within each stage, a major part is being played by the environmental risk assessment. The article introduces various aspects regarding the signification, the juridical status and the practical importance of the “step-by-step” principle in the growing process of releasing genetically modified organisms on a large scale into the environment.

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CONSIDERATIONS ON THE EVOLUTION OF THE LEGAL PERSONALITY OF THE EUROPEAN UNION

Author(s): Dan Vătăman / Language(s): English Issue: VI/2012

After nearly sixty years of development, the European Union has become an important actor in international relations and is a benchmark for stability, democracy and human rights. In order to promote these values, the European Union needed effective and coherent tools, adapted not only to the functioning of an enlarged Union of 27 Member States, but also for the rapid changes that the world of today is facing. By adopting the Treaty of Lisbon, the European Union has acquired legal personality, which allows it to work more effectively and consistently worldwide, thus acquired a strengthened position in relations with partner countries and organizations around the world. Considering that until the acquire legal personality the European Union was based on the European Communities that each had separate legal personality and so there were a series of controversies about the legitimacy of the Union's relations with other subjects of national law and international law. Therefore, this article tries to clarify unclear aspects regarding the legal personality of the European Communities / European Union and also to analyze the provisions of the Treaty of Lisbon according that the European Union may exercise its legal personality in the legal order of the Member States and in the international legal order.

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THE EUROPEAN SOCIAL MODEL: A CONCEPT PASSED INTO "CONSERVATION"?

Author(s): Nicolae Voiculescu,Maria Iuliana Voiculescu / Language(s): English Issue: VI/2012

The authors present the concept of a European social model and the essential details of its contents. On this occasion, is stressed the actuality of the observance of social issues, especially since the economic and social crisis and austerity policies promoted in some countries have worsed the social situation of the population. The scientific analysis of the authors points also to a number of legal and social issues specific to Romania.

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TRENDS AND DEVELOPMENTS IN THE PROPER ADMINISTRATION

Author(s): Valentin-Stelian Bădescu / Language(s): English Issue: VII/2013

Public administration reform in both the Romanian and the EU is not only the concern of specialists, but also an objective necessity of extreme actuality , even if we see Europe other than German Romanians who see it as a chance for atonement , Spanish as key to exit and the Italians as a guarantee of their unit etc . It may be just a simple cliché but a debate on a draft of the twenty-first century, the European Union in relation to the history of the peoples of Member States as well as promises or threats have been underway in the academic elite or university not to mention the political factor.

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GLOBALISATION AND HARMONIZATION OF CONTRACT LAW

Author(s): Viviana Celan / Language(s): English Issue: VII/2013

The study analyzes the influence of the fundamental rights on the contract that must be explained in two notions: fundamental rights as a complex nation and the contract as a classical notion.

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INTERNATIONAL ISSUES ON THE RECOVERY OF TAX CLAIMS AMONG MEMBER STATES OF THE EUROPEAN UNION

Author(s): Aurelia Herling / Language(s): English Issue: VII/2013

The adhesion of Romania to the European Union on 1 January 2007 generated the regulation of the relations between the Romanian tax administration and the tax administrations from the Member States of the European Union in regard to the recovery of tax claims. In the Code of Tax Procedure are fully taken over two Community Directives on mutual cooperation and assistance, Council Directive no. 76/308/EEC respectively on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of the agricultural levies and customs duties and Commission Directive no. 2002/94/EC laying down detailed rules for implementing certain provisions of Council Directive 76/308/EEC on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures. Mutual assistance in the collection field targets both the information exchange and the service of process on collection, and the actual measures of recovering claims.

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THEORETICAL ASPECTS CONCERNING THE RECOGNITION AND ENFORCEMENT OF FOREIGN COMMERCIAL JUDGMENTS IN ROMANIA

Author(s): Romulus Morega / Language(s): English Issue: VII/2013

In the accession to the European Union negotiations, Romania has committed to complete and modernize the national legislative framework to implement no.44/2001 (EC) Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters elaborated in Member States of the European Union. Law no.105/1992 has been prepared and contains rules for determining the law applicable to legal relations with foreign element and the rules of procedure in litigation concerning the relations of private international law.In this context the Law no.187/2003 was legislated concerning the power of jurisdiction, recognition and enforcement in Romania of judgments in civil and commercial matters adjuged in the Member States of the European Union, law that was repealed by Ordinance no.119/2006 on necessary measures for the implementation of EU regulation of accession to the European Union.Subsequently, through Law no.191/2007 major changes were made to this ordinance, changes relating to the recognition and enforcement of judgments in commercial cases given in the Member States of the European Union.

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The Implementation of the Precautionary Principle Regarding Food Law

Author(s): Maria Carolina Niţă / Language(s): English Issue: VII/2013

The precautionary principle, mentioned in article 191 from the Treaty on the functioning of the European Union, has the role of guaranteeing a high level of environment protection through making preventive decisions against hazards. In practice, the implementation area of this principle is wider and implemented even in the European law regarding food, human, animal and plants’ health, with the aim of ensuring a high level of protection regarding food safety. The precautionary principle can be invoked when phenomena, a product, or a process can have dangerous effects, identified through a scientific and objective evaluation, but an evaluation which does not allow a strong enough identification of the risk, and the implementation is compiled in the general frame of risk analysis, to be more precise, in the context of managing the risk which corresponds to the decision making stage.

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PARTICIPATION AND INFLUENCE OF EUROPEAN CITIZENS IN DECISION MAKING PROCESS AT THE EU LEVEL

Author(s): Dan Vătăman / Language(s): English Issue: VII/2013

Following the reform realised by the Lisbon Treaty, the active role of European citizens and of the associations that represent them have a central position in the functioning of the Union. Articles 10 and 11 of the Treaty on European Union (TEU) emphasizes the importance of participatory democracy in all its aspects and the role played by citizens and associations that represent them in efforts to make public their opinions and to exchange views in all areas of Union action. In the context of the designation of 2013 as the European Year of Citizens, the European Union pays special attention to enhance awareness and knowledge of the rights and responsibilities attached to Union citizenship, with a view to stimulating and strengthening active participation of European citizens in civic and democratic life of the Union through the European Citizens initiative. Therefore, this study tries to identify obstacles to the exercise of this right and also to expose in a clear, simple and accessible way, the procedures and conditions required for a citizens initiative.

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NEW STANDARDS ON FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE EUROPEAN UNION

Author(s): Nicolae Voiculescu,Vasile Neagu / Language(s): English Issue: VII/2013

Lately, in the context of, sometimes dramatic, of the economic, social and financial situation in some European Union member states, with the most negative effects on employment, especially among young people, were launched in public space ideas that the fundamental freedom of movement of citizens and workers you should more or less "adjusted".Unfortunately, the main "victims" of these initiatives would be countries like Romania and Bulgaria, which are going to end this year to benefit from the lifting of restrictions on the free movement of labour in the countries where such restrictions are imposed.These approaches not only seriously affect the the principles laid down in the European Treaties, but ignores recent developments at European normative standards.Therefore, we propose, in this article, to present the Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (codification) . This regulation is of particular importance in the system of European standards on freedom of movement for workers because it establishes the fundamental principles of non-discrimination and equal treatment of workers in Europe.

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ISSUES ON THE EUROPEAN PARLIAMENT FUNCTIONS

Author(s): Gabriel-Liviu Ispas / Language(s): English Issue: VIII/2014

The European Parliament is probably the most familiar and renowned European institution for the people seeking similarities between the national state institutions and the political-administrative system of the European Union. Founded in 1951, with the name of Common Assembly, the Parliament emerged at about the same time with the Communities and, subsequently, with the emergence and development of the European Union. As any national legislator, the European Parliament is elected, regularly, by suffrage in all Member States, thus being a singular and atypical voice of the European Union peoples’ will. Given the development of the Union as a whole, has suffered spectacular transformations and evolutions, the European Parliament, too, has developed its position in the European institutional framework. Starting from marginal duties in 1951, the Parliament has actively involved in the following priority directions:1. Stabilizing in the institutional structure (mainly by defining the internal organization by establishing the mechanism of choice for its members and through its relations with the other European institutions);2. Expanding its duties, especially in legislative matters (starting from the consultation procedure and up to the duty of co-legislator with the Council);3. Strengthening the relations of cooperation with the national parliamentary institutions and the of participation in the international inter-parliamentary dialogues;4. Strengthening the mechanisms for control over other European institutions and strengthening the democratic legitimacy of the Union, under the mandate of representation given by European citizens.This paper will deal with only to the tasks the European Parliament has and, of course, the evolutions arising from the entry into force of the Lisbon Treaty.

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EUROPEAN UNION POLICY PERSPECTIVES ON CONSUMER PROTECTION

Author(s): Mihaela Georgiana Iliescu / Language(s): English Issue: VIII/2014

European consumer policy is a vital element of a well-functioning internal market. It aimes to make the European Union a tangible reality for all citizens by guaranteeing their everyday rights as consumers. Empowering consumers, enbancing their welfare and effectively protecting their safety as well as their economic interets, have became very important challanges. Article 114 TFEU is a legal basis for the harmonisation measures aimed at establishing the internal market. Article 169 TFEU introduced a legal basis for a full range of actions at European level, and article 38 of the Charter of Fundamental Rights of the European Union reinforces consumer protection by stating that Union policies shall ensure a high level of consumer protection.

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LAW NO. 123/2012 (OF ENERGY) AND UNIFORMIZATION OF THE LAW IN EUROPE

Author(s): Ovidiu Joiţa / Language(s): English Issue: VIII/2014

In the present paper we considered the distinction between European law and national law in two distinct directions which came in time to complement each on other. Also trying a terminological clarification needed for the purpose of paper we can say that uniformity ,follow explanatory dictionary definition, to uniform action and its outcome, namely, what is permanent in the whole extent or duration, with the same shape, the same face, the same intensity, same speed, the same conduct and so on .; that is as constant, devoid of variations. From the perspective of European law together with other authors we stated that uniformity of law is achieved using the specific provisions rather than a method, of harmonization .

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OPINIONS REGARDING THE CONFLICT OF INTEREST REGIME GOVERNED BY THE FINANCIAL RULES APPLICABLE TO THE GENERAL BUDGET OF THE EUROPEAN UNION

Author(s): Silviu Alexandru Lăzărescu Simion,Ovidiu Joiţa / Language(s): English Issue: VIII/2014

From the perspective of application of the new Multiannual Financial Framework 2014-2020 EU financial rules represented by Regulation (EU, Euratom) No. 966/2012 and Commission Delegated Regulation(EU) No.1268/2012 reveals a tougher enforcement regime, by sanctions, in regime of conflict of interest.

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VICTIM'S RIGHTS - COMPARATIVE APPROACH WITHIN EU LEGISLATION

Author(s): Monica Pocora / Language(s): English Issue: VIII/2014

Usually is talking about offender rights and rarely about victim's rights. This study aims to analyse victim's rights especially in Romanian legislation from all points of view. Having involuntary fallen victim to crime, the person is often unaware of what information is available. It is therefore important that the onus is not put on the victim to request a certain piece of information. Victims of crimes need to have their important role in the criminal proceedings and he or she has to know about the extension of them rights. Not least, the study is focus on the right of the victim to receive information, not to be made responsible for the practicalities surrounding its delivery.

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THE ABILITY OF THE EUROPEAN UNION TO NEGOTIATE AND CONCLUDE INTERNATIONAL AGREEMENTS ON THE BASIS OF ITS OWN LEGAL PERSONALITY

Author(s): Dan Vătăman / Language(s): English Issue: VIII/2014

Following the entry into force of Lisbon Treaty, the European Union has acquired legal personality which allows it to negotiate and conclude international agreements on its own behalf. Taking into account that international agreements concluded by European Union have legal effects in the internal law of the Member States, the purpose of this study is to clarify how these agreements are adopted and also their legal force and the rights and obligations created for the European institutions and Member States .

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THE ROLE OF PRELIMINARY RULING TO SECURE UNIFORMITY OF THE EU LEGAL ORDER THROUGHOUT THE MEMBER STATES

Author(s): Gabriel-Liviu Ispas / Language(s): English Issue: IX/2015

The European Union justice system differs intrinsically from any other international jurisdiction, due to the unique structure of the Court of Justice of the European Union and to the exclusivity of jurisdiction conferred. Both the Treaties and the jurisprudence of the Court determine a dual cooperation between national courts and the CJEU with regard to matters arising from the application of EU law.Unlike direct actions brought before the Court, the preliminary action is a sui generis procedure in the EU judicial process. Introduced by national courts to clarify issues related to the proper administration of a trial on the role, preliminary questions determine preliminary rulings, with an important role to secure uniformity of the EU legal order. The paper presents throughout the analysis some of the most recent preliminary references of the Romanian courts.

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PARTICULARITIES OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

Author(s): Gabriel-Liviu Ispas / Language(s): English Issue: IX/2015

The organization of justice in the European Union is important to understanding the system processes and the way in which this across borders structure. Even when the states have proven to be weak, the Court has known how to preserve the ideal of its founders by its decisions. In a Union with legal personality, the national courts become actual first instance courts for many of the cases subject to a trial. This paper presents aspects regarding the material and jurisdiction competencies of the Court and also the elements regarding the contents and the procedures of the trial.

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IT IS TIME FOR SERIOUS PEOPLE. THE NEED FOR CREDIBLE AND PROFESSIONAL JURISTS IN JUSTICE

Author(s): Valentin-Stelian Bădescu / Language(s): English Issue: IX/2015

Awareness of heritage civilizational common transforms the judge into a promoter of a new world order, testimony to this finding techniques Legal such as margin national or autonomous concept in European jurisprudence or the functional equivalence by the OECD Convention against Corruption mediation functions, reprimand, assessment, neutralization and competition, elements conducive to the integration framework.It follows therefore that, without any constraints or coordination superordinate globalization of justice functions as a communication space, such as to enrich national systems and to make compatible judicial area national and the international or transnational in a common dimension of fundamental rights, the right economic or social. Beyond the tensions generated by reflex national judges or competition legal cultures, the exchange of judges is likely to promote a culture more favorable legal universal values to provide a pledge of predictability and trust in law, paving the legal community consensus principles across traditions and national cultures.Or this opening reassess relations between law and fact, confronting realities principles to modernize the true meaning of human rights. On the other hand, the right reorganizes relations between law and politics, sovereignty being made in relation to legal concepts such as human dignity, fundamental rights, humanitarian law etc. ; creating a global public space, demands justice needed to be implemented by judges whose judicial premises were globalized times tend to it.

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THE INTERNATIONAL LEGAL ORDER AND THE EUROPEAN UNION LEGAL ORDER - IMPLICATIONS IN MODERNIZATION OF RULE OF LAW

Author(s): Emilian Ciongaru / Language(s): English Issue: IX/2015

Through the globalisation of the law and of justice at an international level, the premises for the consecration of a new global order are laid-down and implicitly, of a global procedural law, which will prevail precisely because of the need to establish and maintain social peace worldwide and also, a certain attraction between juridical cultures and orders and an attempt to improve the differences between the legal systems. The rules of a legal order at an international level are created by agreement of the sovereign states that have equal rights. The free expression of the States’ agreement is characterises the implication thereof in the international normative process. From a juridical perspective, the European Union was set-up as a new international law legal order, for the benefit of which the States limited their sovereign rights, although only in specific fields, and the subject matters of which are not only the States, but also the citizens thereof. Between these two orders there is a certain logical and theoretical unity, leaning towards the legal monism, which makes the international law prevalent over the European Union law and with concept of the rule of law.

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