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Abuse of a Dominant Position

Author(s): Ovidiu Horia Maican / Language(s): English / Publication Year: 0

Several elements can be considered that lead to configuring the specificity of abuse of a dominant position in a competitive context. The Court of Justice has defined the dominant position referred to in art. 82 (ex 86) EC as a "position of economic power in which there is an undertaking which enables it to hinder effective competition in order to be maintained in a relevant market in order to give it the power to behave independently of its competitors, its customers and, ultimately, consumers".

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ABUSE OF RIGHT AND ACTS OF EMULATION. DOGMATIC CREATION WITH ROMAN LAW ORIGIN

Author(s): Carmen Salcedo / Language(s): English / Issue: 2/2017

The abuse of rights constitutes a limit to the exercise of rights, a limit that is imposed by reasons of moral nature, which are established by the positive juridical order to avoid harmful behaviour and ensure a pacific coexistence among the members without harming the individual's freedom. Being aware of the difficulty involved in this institution and the lack of a concensus among the lawyers about its juridical nature, the author elaborates on the concept of the abuse of rights, its origin and juridic significance, and discusses a series of criteria that may contribute to the task of its determination. In Roman law and in its evolution to the Medieval theory of the emulation acts we can find an historical precedent, which may be the key to building the modern concept and the theory of abuse of rights.

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ACCESS TO OFFICIAL DOCUMENTS IN THE LIGHT OF THE GENERAL DATA PROTECTION REGULATION

Author(s): Andrea Kajcsa / Language(s): English / Issue: 2/2018

Public access and data protection are both fundamental rights provided for in a wide range of legislation at the national Romanian level and European level. Usually, there is no hierarchical order and no clashes between the two rights. Still, given that the purpose of the right to access to official public documents is to foster access to all documents, where as the Data Protection Regulation must guarantee the protection of personal data, a tension can arise in some cases. We try in our paper to analyze how these two rights have intertwined before the GDPR and will continue to cross paths after this entered into force. The study uses the logical method, analyzes the legal provisions, as well as the solutions derived from the judicial practice. The conclusions aim at unrevealing some pointers for good practice in the public administration.

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Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms

Author(s): Andrej Stefanović / Language(s): English / Issue: 3/2016

This paper explores the subject of the accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The long standing academic and practical discussion on the subject and the fact that an Accession Agreement has been drafted, entail the need for establishing certain conclusions with regard to interaction of fundamental rights system of the EU and the ECHR, as well as the place of the ECHR in the EU’s legal order, both in the pre-accession and the post-accession context. In order to thoroughly analyse the whole process, the author begins with examining the very nature and development of human rights law within the EU and the role the ECHR has had so far in shaping of this legal order. Furthermore, the author endeavours to assess all of these developments with regard to the principles of autonomy and supremacy of EU law.

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Accounting with Two Speeds: IAS / IFRS versus European Directives

Author(s): Maria Mădălina Voinea / Language(s): English / Issue: 05/2014

Accounting is one of the most important links in the economic system and must be supervised closely. The increasing globalization of capital markets demonstrates the need for uniformity of accounting, which is achieved by normalization and harmonization of Romanian accounting regulations. Romanian accounting is changing day by day since the early 1990s. This is the time when Romania is facing the national and international convergence or harmonization and conformity of national accounting regulations with the IAS/IFRSs. But, is not just our case…This process is followed by more and more countries, at international level, and all this for having some high quality accounting standards. The pace of change that Romania has suffered lately in this field is much faster than that of the development of economic performance. Joining the EU has long aimed the alignment with the regulations applied by countries that already had this step, the European Directives.

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ACERCA DEL DERECHO DE PARTICIPACIÓN DE LOS TRABAJADORES EN LA UNIÓN EUROPEA

Author(s): Moraru Graţiela-Florentina / Language(s): Spanish / Issue: 02 (43)/2019

The participation of workers in the company has an unquestionablecommunity dimension in its conceptualization. The European objectives of encouraging theparticipation of workers in the company are motivated by the creation of a common spacewhere the interests of workers and employers belonging to the European Union have aimportant place. From the affirmation of the diversity of national systems, it is necessary toidentify a model of collective labor relations adapted to the European social space where theconstitution of a large labor market is persistent. The participation in the Europeancommunity is articulated on the consecration of the information rights of the collectiveinstances of the workers. The recognition of the right to information must be originated forthe purpose of involving and achieving the participation of workers in the management ofcompanies through the recognition of faculties in decision making and the creation ofnegotiation spaces. The future of work must necessarily include tools that allow for theopening of spaces for negotiation and social dialogue in the field of European business. Theinformation rights of workers must be implemented as a necessary channel to influence inthe decision faculties of the employer.

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Acordarea protectiei internationale in Uniunea Europeana în contextul sistemului european comun de azil

Author(s): Elena Loredana Pîrvu / Language(s): Romanian / Issue: 1/2017

The 2012-2015 period is the period when the European Union has committed to establish a common European asylum system by establishing a common area of protection and solidarity based on a common asylum procedure and a uniform status for those beneficiaries of international protection. CEAS is based on three pillars: harmonization of standards of protection through further alignment of Member States' legislation on asylum, practical cooperation effective and sustained and increased solidarity and responsibility not only in EU member states, but also between countries inside and outside the EU.

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Acordurile (convenţiile) încheiate de Comunităţile Europene - preluate prin succesiune de Uniunea Europeană

Author(s): Ioana Nely Militaru,Ileana Voica / Language(s): Romanian / Issue: I/2013

Agreements (agreements) concluded by the European Communities - taken from the sequence of the European Union The paper specifies the prior two chapters and conclusions. Refer to previous notes that the agreements concluded by the European Communities (EC) were taken by the EU with the Lisbon Treaty. Chapter I presents the international conventions concluded by the EC / EU as a source of primary and Chapter II analyzes the agreements concluded by the EC / EU external relations arising from its-called conventional law. Conclusions highlight where the agreements the EU legal order, that are sources of law, having normative value lower primary law and general principles of law and upper secondary law

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Acquis Communautaire in the Field of Nuclear and Radiation Safety and Ukrainian Legislation: Prospects and Challenges of Harmonization

Author(s): Olha Sushyk / Language(s): English / Issue: 71/2017

Since the Chernobyl disaster, special attention is paid in Ukraine to legislation in the field of nuclear energy and radiation safety. A new stage of enhancing Ukrainian nuclear and radiation safety legislation began with the signing in 2014 of the AssociationAgreement between the European Union and its Member States, of the one part, and Ukraine, of the other. In addition, the Ordinance of the Cabinet of Ministers of Ukraine of 17 September 2014 on the implementation of the Association Agreement on atomic energy between Ukraine from one side and the European Union, the European Community and its member-countries from another side, provided for the development and adoption of new regulations in the energy sector (including nuclear) in order to implement Directives: 1) Council Directive 2014/87/Euratom of 8 July 2014 amending Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations, 2) Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel, 3) Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionizing radiation. Implementation of EU legislation in the field of nuclear and radiation safety will reveal major shortcomings of the current state of affairs and, at the same time, mechanisms to improve Ukraine’s national legislation with the aim of preventing another Chernobyl disaster in the future.

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Acquis of European Union and Legal Order of Ukraine

Author(s): Viktor Muraviov / Language(s): English / Issue: 1/2016

The article is devoted to the analysis of the concept and content of EU acquis as well as on its role in the legal regulation of the European integration and of the EU external relations. The content of acquis is characterized by stability and flexibility depending on whether it forms the basis for the legal order of the European Union or fixed in international agreements with the third countries thus transposing the EU law in their internal legal orders. The signing of the Association Agreement by Ukraine with the European Union and its Member States provides for the country a perspective of its integration in the Union with possible membership in it upon the creation of the free trade area between both partners. The effective using of implementation legal tools requires from Ukraine establishing the proper and relevant legal background. Certain prerequisites for the application of the EU acquis into the Ukrainian legal order have been created. The legal basis for the realization of the EU law in Ukraine is formed by the Constitution and national legislation of Ukraine. However, Ukraine is required to make some radical amendments in its legislation to insure the efficient realization of the Association Agreement in the internal legal order. The most important instrument of the realization EU acquis in the internal legal order of Ukraine is harmonization of legislation. In relations between the EU and Ukraine the compatibility of the Ukrainian legislation with EU law can be achieved at the level of international obligations and the level of EU obligations. Harmonization of Ukrainian legislation with that of the EU remains the most powerful legal instrument for the expansion of the acquis into the internal legal order of Ukraine.

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ACTIONES ADIECTICIAE QUALITATIS: MASTER'S LIABILITY BASED ON PRAEPOSITIO AND IUSSUM

Author(s): Mirjana Miškić / Language(s): English / Issue: 2/2017

Master is liablefor obligations arising from legal affairs concluded by slaves,personsalieniiuris and even free persons. Master's liability depends on the legal and family status of master and entrepreneur of legal affairs. Is entrepreneur personally liable to the third party and if he is,how and to what extent? What is the extent of master's liability?The main objective of this paper is to determine the extent of master's liability among three actions, actioexercitoria, actioinstitoria, actio quod iussuand possible effects of direct agency against the third party.The author will examine the existence of elements of direct agency based on relationship between parties (for example exercitor and magister navis, exercitor and the third party and magister navis and the third party.

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Actualitate europeană – Decembrie 2013

Author(s): Daniela Ivan / Language(s): Romanian / Issue: 1/2014

The section contains a presentation of the legislative process of the EU institutions, the procedures for drafting the European legislation, particularly the activity of the European Parliament, the EU Council and the Commission, and of the political events in the EU with legislative impact.

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