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THE RIGHTS OF ROMA WOMEN WITHIN THE EUROPEAN UNION : CULTURAL AND LEGAL APPROACHES

Author(s): Maria Beatrice Berna / Language(s): English Issue: IX/2015

The juridical protection of Roma women entails certain peculiarities given the fact that, within the membership community, patriarchal structures deny women’s rights as human rights whereas within the main community, Roma women are subjected to multiple discrimination. The Roma community applies customary practices that are contrary to women’s rights thus pursuing to maintain the identity of the community by refering to the main culture. From this fact derives the antagonism of women’s rights (as individual rights) and the rights of the Roma community. In the present paper, we aim to study the cultural peculiarities of the Roma community and the manner in which these peculiarities concretly affect women’ rights. Likewise, we will extend the framework of analyses upon the initiatives of the main European institutions (the Parliament and the Commission) in the matter of the rights of Roma women. In this regard, we observe two shortcomings : (1) the European disquisitions aim to ensure the protection of Roma people – as an ethnical/national minority, approaching in a subsidiary and marginal manner the issue of women’s rights; (2) the European disquisitions approach in a global manner the discrimination phenomenon, without particularly analysing the implications that culture brings in the field of the rights of Roma women. From a methodological point of view, the hemeneutical method is dominant because within the section intended for the cultural analysis and also within the section afferent to legal provisions, we will advance personal reasoning and methods of interpretation.

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THE EFFECTS OF THE JUDGMENT OF THE COURT OF JUSTICE OF THE EUROPEAN UNION IN CASE C-201/14 BARA AND OTHERS ON THE EVALUATIONS PERFORMED BY THE NATIONAL INTEGRITY AGENCY – ANI

Author(s): Tudor-Alexandru Chiuariu / Language(s): English Issue: IX/2015

The starting point of the article is a recent landmark decision of the Court of Justice of the European Union – Case C-201/14 Bara and Others – on the way the public authorities are handling the personal data. The preliminary ruling concerned the transfer of data from fiscal to the health insurance authorities and found that data subjects must be informed of such transfer or further processing. The article analyses the effects of the said judgment in other area of administrative action, namely the evaluations on wealth, conflicts of interests and incompatibilities of civil servants and public officials performed by the National Integrity Agency – ANI.

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THE ASSIGNMENT OF CLAIM WITHIN EUROPEAN CODIFICATION PROJECTS

Author(s): Diana DEACONU-DASCĂLU / Language(s): English Issue: IX/2015

The European codification projects also compass the matters of claim assignment, dedicating an increased attention, compared to the other two types of assignments – the assignment of debt and the assignment of contract. We will analyze in the following paper the provisioning technique utilized, trying to surprise the similarities and differences between the national provisions and the European one.

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THE REMOVAL OF TAX OBSTACLES FOR THE FREE MOVEMENT OF EUROPEAN WORKERS

Author(s): Aurelia Herling / Language(s): English Issue: IX/2015

The right to free movement of workers within the European Union was consecrated in the Treaty over 50 years ago and it is one of the pillars of the single market. In order to facilitate this right, the European Commission proposed a new Directive that was enacted in April 2014 by the Council of Ministers of the European Union. The scope of the Directive is to eliminate obstacles, among which also the tax ones encountered by cross-border workers. The European Commission proposed a series of measures that should ensure a better application of the legislation of the European Union in the field of persons’ right to work in another member state, to help thus citizens exert their rights in practice. The failure to know or understand the norms of the European Union is currently a major source of tax discrimination. In their turn, when citizens encounter issues related to their right to free movement, they believe that they do not know to whom to resort to in the hosting member state. The European Commission proposes itself to overcome such difficulties and contribute to the prevention of tax discrimination of workers based on nationality, offering practical solutions.

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CONSIDERATIONS RELATING TO THE OBLIGATION OF INFORMING CONSUMERS ABOUT FOOD PRODUCTS IN THE LIGHT OF THE NEW UNION REGULATIONS: REGULATION (EU) NO. 1169/2011

Author(s): Mihaela Georgiana Iliescu / Language(s): English Issue: IX/2015

The legal framework of consumer's protection with regard to labeling, presentation and advertising of foodstuffs was ensured at European level, Directive 2000/13/EC of the European Parliament and the Council regarding propinquity of Member States legislation relating to labeling and presentation of foodstuff, as well as their advertising , presently repealed. Since November 2011, entered into force Regulation (EU) no. 1169/2011 on consumer's information related food products regulation , whose application began on December 13, 2014. In this context, in the following analysis we compared the texts of both legislations, trying to highlight the novelties brought by Regulation (EU) no. 1169/2011 and also set out to illustrate the issue with the relevant jurisprudence of the European Union Court of Justice. It should be noted that these regulations are based, above all, on the need to inform and protect consume.

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ORGAN DONATION. BRIEF MEDICAL AND LEGAL PERSPECTIVE

Author(s): Manuela Lavinia Istrătoaie,Octavian Istrătoaie / Language(s): English Issue: IX/2015

Medical studies have shown that the organs of one donor can save / help 50 people. Organs that can be transplanted are the heart, kidneys, liver, lungs, pancreas, intestine, skin, bone and cornea. The donation of human organs, cells or tissues can be made from a living person or a deceased person, both cases require the express, free and prior consent of the donor or his heirs and essentially donation must be altruistic, free. Globally, organ donation by a deceased donor still stirring ethical and medical controversy, among others, because there is no European legislation for the diagnosis of brain death, there is a discrepancy manifest between the visions of various countries on the protocol declaration of brain death or clinical and biological death in the end. The transition from clinical death to biological death which makes possible organs transplantation can become an act of ethic interpretations.

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For the purpose of protecting the employee’s rights, in the national legislation, as well as in the international and the European legislation, the lawmakers were concerned to regulate as clear and as detailed as possible the methodes to conclude, de

Author(s): Andreea Miclea / Language(s): English Issue: IX/2015

For the purpose of protecting the employee’s rights, in the national legislation, as well as in the international and the European legislation, the lawmakers were concerned to regulate as clear and as detailed as possible the methodes to conclude, develop, amend, suspend or terminate an employment contract. In this respect, the legislation provides a narrow frame in which an employee can be dismissed. Thus, the form and the contents of the termination act and the procedure to be followed in order to issue the dismissal decision are expressly determined by the law. The rights of the employees to be protected against unlawful dismissals were guaranteed by the law also by stipulating cases in which the employer is expressly forbidden to take such a measure.

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TRADE UNION ORGANIZATIONS, SUBJECTS OF TRADE UNION LAW RELATIONS

Author(s): Ioan Morariu / Language(s): English Issue: IX/2015

The social relations that have been created or that are under development in the trade union scope or in relation to this field are very complex, involving, on the one hand, the intra-union relations, which include relations between members of trade union organizations, and between them and the management of the organizations, and, on the other hand, extra-union relations, including inter-union relations, and relations between trade union organizations and third persons. Or, in all these relations, trade union organizations appear as permanent participant, sine qua non actor, and component part of the trade union paradigm, so their analysis is obviously imperative.

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THE REGULATION (EU) 2015/848 ON INSOLVENCY PROCEEDINGS ON ITS WAY TO A NEW PERSPECTIVE ON CROSS-BORDER INSOLVENCY

Author(s): Nicoleta-Mirela Năstasie / Language(s): English Issue: IX/2015

On May 2015, 20th the European Parliament and the Council set up the EU Regulation n. 848/2015, published in the Official Journal n. L 141 on 5 June 2015 (the “Recast Regulation”) amending the EC regulation n. 1346/2000 on insolvency proceedings. The Regulation 2015/848 entered into force from 25 June 2015 but it will be applicable to relevant insolvency proceedings from 26 June 2017, with some exceptions, recasting the previous discipline.The Regulation adopts a new rescue and recovery perspective on insolvency, regarding insolvency not only as liquidation but also facilitating the survival of businesses and presenting a second chance for entrepreneurs, making cross-border insolvency proceedings more efficient, developing the proper functioning of the internal market.This paper presents briefly the main provisions of the Recast, how the text of the European Insolvency Regulation has been improved, and a short analyse of some problems of harmonisations of the insolvency legislation with the actual European standards and future objectives.

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THIS LEAVE OF EMPLOYEES IN LIGHT REPRINTED LABOUR CODE, IN LINE WITH EUROPEAN NORMS

Author(s): Ion Păducel / Language(s): English Issue: IX/2015

The current issue presents an analysis of the issue as specified reissued to the Labour Code, the Law number 12/2015. They analyzed changes in Articles 145-156 of the same Code, stating that these amendments norms of national standards were made compatible with European law especially with the number of Directive 2003/88 / EC of the European Parliament and of the board of the November 4, 2003. It made a comparative analysis on the regulation of such leave, compared with the previous amendments to the current law amendment, while making proposals for law ferenda in this regard.

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MAIN EUROPEAN FORMS OF ORGANIZING ECONOMIC ACTIVITIES

Author(s): Luiza-Melania Teodorescu / Language(s): English Issue: IX/2015

The European institutions regulated the company law indirectly by certain directives (leaving to the member states to achieve the objectives, having a teleological obligation) and directly by European Court of Justice decisions, on the other hand. This regulation is meant to: (a) find a balance, (b) level and (c) find mutual recognition.The European legislator, taking into consideration the difference in trade solutions and provisions between national legal systems, started by conforming the national laws which refer to companies. The corpus of the Company Law, the „12 directives” represent the first step, namely the adjustment of the national solutions as to create an equivalent on an European level. Implementing the provisions aims to create similar economic entities in a larger economic environment; this allows their survival and the development based on the rules of a free market, but also a higher protection of third parties by offering predictable guarantees.A second type of regulations refers to an even European legislation which creates original and new forms of companies: European Economic Interest Grouping (E.E.I.G.), the European Society (S.E.) and the European Cooperative Society (S.C.E.).

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LEGAL AID IN THE CONTEXT OF ROMANIAN’S EU INTEGRATION

Author(s): Mihai Madalin Tibuleac / Language(s): English Issue: IX/2015

Given harmonizing Romanian legislation with the Community law in the context of Romania’s EU integration and consequently the transposition of EU directives in effect in domestic law, to ensure free and effective access to justice, Romania transposed the Directive 2003/8 / EC on improving access to justice in cross-border disputes. Thus the Romanian state as a guarantor of rights and freedoms of citizens applying democratic principles in a state of law ensured, in certain circumstances, from the public financiar resources, the access to justice, ensuring effective access of all citizens of the Member States, creating internally conditions to not appear discriminatory between its own citizens and EU citizens. This free access to civil justice concerns such processes where free legal assistance is requested, either in court or before other public authorities.

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DIGITAL SIGNATURE. DIGITAL PROTECTION METHOD

Author(s): Valentin Corneliu Pau,LUMINIŢA COPACI / Language(s): English Issue: X/2016

A key element, in the current context, when hard copy tends to become a secondary means of presentation for documents, when transportation and archives are mainly electronic, consists of replacing the electronic document authentication methods with new services, adjusted to the latest information technologies. In this context, a critical role is played by digital signatures, as the means for authenticating the content of an electronic document and its issuer. This paper contains an overview of technologies existing at present, identifying design and implementation criteria in respect of inter-operable protection and security solutions to allow the users to trust the electronic documents and to operate efficiently in the context of the current computer networks.

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ETHICS, TRANSPARENCY AND INTEGRITY IN EDUCATION

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

International efforts to harmonizing rules of transparency, ethics and integrity in education are increasingly present in both the European Commission's concerns and the concerns of the United Nations and Council of Europe. Meanwhile, the National Defense Strategy contains important elements of security education and its role in the development of all national sectors.From September 30 to October 2, 2015 held in Prague, the seventh forum Towards a Pan-European Platform on ethics, transparency and integrity in education, at Charles University.

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CULTURAL HERITAGE PROTECTION IN ROMANIA AND THE SECURITY STRATEGY

Author(s): Ludmila Otilia Cinteză,Ana Emandi / Language(s): English Issue: IX/2015

Protection of the cultural heritage as part of the preservation of the cultural identity is an important section of the national security worldwide. The presence of the cultural heritage as a priority in the Romania’s National Security Strategy is a huge step in the increase of the interest of the authorities of the state in this domain.The threats on the monuments and works of art during the military conflicts or street movements are usually underevaluated. Specific strategies and schemes of action are needed to ensure an adequate intervention in order to save the works of art in condition of crisis.The conjugate effort of many administrative structures is the only solution to prepare a rational strategy for the conservation of the cultural heritage.

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SOME CONSIDERATIONS ON THE CURRENT SIZE OF THE PRINCIPLE OF NATIONAL SOVEREIGNTY IN TERMS OF EUROPEANISATION OF ADMINISTRATIVE LAW AND ADMINISTRATIVE PROCEDURE CODING

Author(s): Valentin-Stelian Bădescu / Language(s): English Issue: X/2016

Awareness of heritage civilizational common transforms the judge into a promoter of a new world order, testimony European Union law expresses the quintessential legal values subsisting in the deeper layers of national systems of law. Legal norms union pass directly into national law because, first, it is open to them, accept status to which Member States have subscribed. In effect axiologically, law originates and also the theme of the genesis of European law. Only thus the foundation of the legal values of civilization peoples of the right may acquire prevalence functional - not superiority, as commonly stated - to law.

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THE DISTANCE AND THE OVERTURNED IMAGE. ON THE APPLICATION AND INTERPRETATION OF THE ROMANIAN ADMINISTRATIVE LAW’ PLEA OF ILLEGALITY THROUGH THE EU LAW’ PLEA OF ILLEGALITY

Author(s): Tudor-Alexandru Chiuariu / Language(s): English Issue: X/2016

The study herein analyzes a particular case of practical application of EU law by a Romanian court. In the case discussed, the national court declared inapplicable the provisions of the national law regarding the plea of illegality, following several lines of reasoning based on EU law, that are first identified and then critically assessed, resulting in a defective application of the law.

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FINANCIAL SECURITY INSTRUMENTS COVERING ENVIRONMENTAL LIABILITY IN PURSUANCE OF DIRECTIVE 2004/35/EC

Author(s): Anisia-Teodora Doniga / Language(s): English Issue: X/2016

The need to establish suitable financial guarantees has become a fundamental task that each member state of the EU must undergo in order to adequately implement the polluter pays principle within national legislations and to provide operators with a means of covering the environmental risks incurred by dangerous occupational activities. As a result of ongoing debate among the major shareholders of this endeavour, three guidelines have been proposed in order to ease the transition towards a more coherent financial security system for each member state: the gradual approach, setting ceilings for financial guarantees and excluding low-risk activities. Consequently, the financial sector has managed to adapt to the particularities of environmental liability, offering a wide range of options, ranging from insurance and re-insurance schemes, to bank guarantees and other market-based instruments. The purpose of this article is to offer an overview of the most important types of financial security instruments currently employed in the context of environmental liability and analyse the relevance of these measures from an international point of view.

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LEGAL ISSUES IN RARE DISEASES - MASTOCYTOSIS

Author(s): Nicoleta Vaia,Ioana Soare / Language(s): English Issue: X/2016

Mastocytosis is a rare disease, in Romania being only 62 patients. The treatment is symptomatic or preventive, with disodium cromoglycate. We need to include cromoglycate on the compensated drug list, in order to be brought and distributed in Romania. In the last 8 years the Ministry of Health and the Agency for Medication and Medical devices ignored this request. EU directives impose an answer in 90 days. Romania needs diagnostic and treatsment centers for rare diseases.

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SECURITY MEASURES FOR PROTECTING PERSONAL DATA

Author(s): Valentin Corneliu Pau,LUMINIŢA COPACI / Language(s): English Issue: XI/2017

Information security is crucial for the success of any organization, as it deals with the protection of data against unauthorized access, use, replication and destruction.Considering that personal data is a critical and sensitive information that all organizations should protect, legislation in this regard will help establish appropriate procedures and controls to prevent information security breaches.The purpose of the present paper is to establish the minimum measures to be taken in managing a computer system (network equipment, servers, fixed and mobile terminals, software, etc.) to ensure a minimum level of personal data protection.Therefore, we aim at giving a bird’s eye view of the complexity of implementing the data security requirements, given the Data Protection Regulation and Information Security Management System.

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