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Prolegomene la Dreptul European Al Drepturilor Omului

Author(s): Ion Dragoman,David Ungureanu / Language(s): Romanian Issue: 2/2015

Understanding the concept of the European human rights (DEDO), especially when the doctrine has not fully defined the specific features, involves analyzing successive issues related to political and legal theories on: European Governance and Human Rights, right and individuals, European law, human rights, rules, principles and springs DEDO, scope and subjects of legal relations DEDO, science DEDO relations with other scientific disciplines, DEDO influence on other system of legal protection of human rights.

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The Structural Limitations of the EU to Engage in Transitional Justice

Author(s): Osiris Hoepel / Language(s): English Issue: 2/2011

The European Union undertakes several transitional justice activities. Most specifically, three areas of activities can be identified: conducting peace-keeping missions, supporting the ICTY in providing justice and funding transitional justice activities. Despite these activities, the EU lacks a comprehensive transitional justice policy, which has detrimental effects on the outcome of these activities. Four recommendations are presented that may reverse these effects.

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Educational Counseling Approach for the Romanian Educational System

Author(s): Vladimir Aurelian Enăchescu,Vlad Roşca / Language(s): English Issue: 3/2014

Romanian education has gone through massive changes over the last two decades, first shifting from a closed-market economy to capitalism and then trying to adapt to European Union Policies. At the same time, after the 2007 EU adherence, the country also witnessed demographic and economic turbulences. Combined, all these factors have had influences on education and on the labor market. This paper tries to present professional counseling as one of the solutions for improving educational performances and access to the labor market. Career counseling and schooling guidance are discussed as the approaches which can help youngsters better manage their professional lives, from choosing the right school or university to follow, up to finding the proper workplace. The main limitations of the paper reside in the lack of specialized scientific literature on which to base the assumptions and create a sound methodology. In this case, the paper resumes to theoretically presenting an educational counseling approach that might be implemented in Romanian educational institutions for the benefit of pupils.

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The theoretical and methodological basis for analysis of the religious liberty and the regime of cults in the European law systems. Notes towards an European Code of Law and Religion (ECLR)

Author(s): Anca Parmena Olimid / Language(s): English Issue: 26/2010

The question of religious liberty is not the same in every case. Failure to make this distinction results in confusion, we should be prepared to deal with complexities, ambiguities religious and ethical convictions. In the 2000’s, the problem of regime of cults is still cautious; its initiative reflected a fundamental rethinking of national interests and ideology. For E.U., the religious freedom’s advantage, its flexibility and tolerance for change, does not ensure that this integration will be long and satisfying. These questions complicated an already complex transition, adding a new difficulty to reform program. There is in fact a common perception of political transition: a growing sense of vulnerability and fear, dreams of new European religious policy. In such a volatile atmosphere, events and possible scenarios for the coming year could go in any number of directions.

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Phenomenon of Women-Leaders in Romania and Russia: Equal Gender Opportunities in Emerging Markets

Author(s): Irina Budrina / Language(s): English Issue: 5/2012

With women now accounting for nearly half of the paid labor force in developed countries and 40% or more of managerial positions (though far fewer in top management) it is becoming more and more important to take into consideration the phenomenon of Women Leadership. The West Europe has been under examination and analysis for quite some time due to the EU policy of equal gender rights and the institutional and economic development of this part of Europe. The uniqueness and difference of the political, economic and social changes in Eastern Europe provides an attractive and different field for research. Romania and Russia are the countries in transition from one economy (post socialism or post-communism) to the emerging markets or so called developing countries. What are the leadership qualities that are welcomed by the private and public sectors there? What is the profile of women-leaders in these countries, women who had to quit their state jobs and start their own business as a survival urge? What is the influence of women-leaders-entrepreneurs on their own companies’ financial results in the emerging markets?

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Human Resources Management in the European Context

Author(s): Ion Petrescu,Camelia Konrad / Language(s): English Issue: 1/2012

Human resources management has a central place within European management. The European Union’s demands are continuously increasing, asking more and more from human resources management in terms of knowledge, studying and generalization of experience, in the field of ordered development by using specific European methods and rules, and following the reflected results in the profits and the human resources’ state of satisfaction

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Management of Public Acquisition in the Context of Public-Private Partnership

Author(s): Daniel Constantin Jiroveanu,Sorin Drăjneanu / Language(s): English Issue: 3/2011

With Romania's integration in the European Union it has been compelled to align its national legislation with the European one. This change also applies in regards with public acquisitions where legislation change implies facilitating free movement of merchandise. The means of public acquisitions which Romania was using before joining the European Union can no longer be used in the current context. Thus, current legislation must be adapted to European specific requirements while keeping the national and regional particularities. The acceptance of public-private partnership, successfully implemented in many European countries, is one direction in which public acquisition performances can be enhanced. Public-private partnership benefits derive from accepting the provider (private organization that provides goods and services) - beneficiary connection (public organization purchasing goods and services) as a partnership in which the seller-buyer relationship is seen as a win-win relationship with repetitive nature (over a long period of time).

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Contribution of European Court of Justice to the principle of supremacy of EC law

Author(s): Irina Olivia Popescu / Language(s): English Issue: 13/2007

Le système juridique européen actuel est fondé plutôt sur la jurisprudence de la Cour de justice de l'Union Européenne (CJ) que sur ce que les auteurs des traités constitufs ont effectivement écrit. Bien que les traités aient crée le cadre juridique de l'Union, le complexe processus l'intégration ne peut être coordonné que par la Cour de justice, d'une manière qui va souvent au delà de l'image conçue par les les traités. Cet article analyse les trois contributions majeures de la Cour de justice concernant le système juridique européen actuel: i. le principe de la primauté du droit communautaire; ii. le concepte d' "effet direct"; iii. l'introduction des principes générales du droit dans le bloc du droit communautaire.

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CONTRACT OF CARRIAGE OF GOODS BY SEA FROM THE ASPECT OF ROMAN AND CONTEMPORARY LAW

Author(s): Aleksandar Arsić,Marija Ignjatović / Language(s): English Issue: 2/2018

Carriage of goods by sea is one of the oldest modes of transportation, which originated with the emergence of the first ancient civilizations. This mode of transportation has been maintained to the present day precisely because of the fact that it enabled, and it still does, the connection of highly developed economies with developing economies. This is supported by the numerous advantages that maritime navigation offered and that it offers even today. First of all, with little investment, transport of goods of different dimensions can be arranged (due to their dimensions, the only way to transport certain things is precisely by sea) to the farthest places. On the other hand, it is necessary to take into account that this mode of transportation is much slower than other available modes of transportation (air transport, road transport), not so much because of the ship’s performance, but because of the weather conditions that may occur on the open sea. That is why this type of transport of goods comes with the possibility of big losses, both for the crew and the items received for transport, which is why, since the earliest days, there has been a need for the introduction of certain legal rules that would regulate the issues of the occurrence and compensation of damages in case of general average during carriage of goods by sea. These rules created by the ancient peoples and supplemented and systematized in Roman law are accepted by contemporary law, hence the need for defining this issue both from the aspect of Roman and contemporary law.

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SALVAGE AT SEA – FROM ROMAN LAW TO MODERN TIME

Author(s): Dragan Bolanča,Vilma Pezelj,Petra Amižić Jelovčić / Language(s): English Issue: 2/2018

The law of salvage is a principle of maritime law whereby any person who helps recover another person's ship or cargo in peril at sea is entitled to a reward com-mensurate with the value of the property salved. The legal concept of an entitle-ment to reward for saving imperiled marine property can be traced back into an-tiquity for some 3 000 years. Beginning with the Edicts of Rhodes (Nomos Rhodion Nauticos), through the laws of the Romans into modern legal system, it has been recognised through the ages that an individual who risk himself and his own property voluntarily to successfully rescue to property of another from peril at sea should be rewarded by the owner of the property saved. Today, salvage law is relatively international and uniform, because many of the world's maritime na-tions have adopted the text of the International Convention for the Unification of Certain Rules Relating to Assistance and Salvage at Sea (signed in Brussels in 1910) or International Convention on Salvage (signed in London in 1989) which is based on the same general principles as the 1910 Convention.

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ПРЕГЛЕД НА НЕМСКАТА УРЕДБА НА СПИРАНЕТО НА ИСКОВОТО ПРОИЗВОДСТВО ПО РАЗПОРЕЖДАНЕ НА СЪДА

Author(s): Anastas Punev / Language(s): Bulgarian Issue: 2/2018

The article analyses the German Procedural Code (Zivilprozessordnung)'s understanding of the stay of proceedings in the cases of § 148 and 149 which draw similarities to Art. 229 (1), p. 4–5 of the Bulgarian Procedural Code. Departing from the legislative history of these rules and their clear reference to the Roman law notion of praeiudicium, the author draws the principles in the German case law, as part of them can be applied in Bulgarian procedural context as well, while others can serve for respective amendments to the law. These include, inter alia, the moment at which the court shall decide whether to stay the proceedings, its discretion, the criteria that shall be taken into account, as well as the principles which shall be respected when ordering a stay.

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Romanian Integration into the European Union - Opportunities and Potential Risks for the Bakery Industry

Author(s): Olimpia Oancea / Language(s): English Issue: S1/2009

Romania's integration into the European Union hadn’t had a significant effect on the bakery segment, but for the benefit of consumers, the food safety requirements increased. Currently in our country, food security is a priority in the context of EU integration, but for real growth of competitiveness on domestic and international market. Systemic production of safe food is not a voluntary act, it is necessary for modern economy. The food industry has the obligation in contributing to the food security. For food manufacturers to ensure continuity of their activities after the integration, they must adapt to changes made by the actual dynamism of the processes, the technology and the assortment renewing.

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Analysis of Competition on the European Natural Gas Market

Author(s): Mihaela Ionescu Sas / Language(s): English Issue: 18/2018

This article addresses aspects of competition in the European gas market and more precisely analyzes the abuse of Gazprom's dominant position by preventing the free flow of gas among the Member States of the European Union and by its unfair prices. In line with the European principle of freedom of movement for goods, services, persons and capital, the European Commission adopted three directives, approved in 1998, 2003 and 2009, by introducing competition on a market which had been closed down until then. From a macroeconomic perspective, there has been significant theoretical and empirical evidence suggesting that the liberalization of the European gas market has positive effects on the energy industry in terms of lower prices and security of supply. But the competition law in the European energy sector is not always properly applied and consumers are discouraged in terms of implementing the legislative and regulatory framework. In accordance with art. 102 of the Treaty on the Functioning of the European Union (TFEU), EU countries importing natural gas must benefit from transparent, fair pricing contracts. However, in some cases, abusive practices have been used for gas importers in central and Eastern Europe.

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National versus European versus International

Author(s): Carmen-Mariana Mihalache / Language(s): English Issue: 07/2015

The purpose of this paper is to highlight the fact that the modern national state, oscillates on an orbit of conflict of laws, often marked by delegations of powers from the national to the supranational level. The movement of people, goods and services have always pointed out, through their national element, the appearance of conflicts of laws in the context of their migration to other national spaces, being carriers of cross-border implications. This issue is characterized by geopolitical developments in the international community that created the United Nations Organization and other alliances and delegated competence of interstate conflicts to the International Court of Justice on the one hand, in order to avoid another world conflagrations. In another train of thoughts the geopolitical world is constantly changing and its appearance, the geopolitical construction leads to a new system of law, the European one and other conflicts of laws which I symbolically call national versus European.

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The Reform of the European Public Procurement System

Author(s): Daniela Pîrvu,Claudia Tolea / Language(s): English Issue: 05/2014

The European public procurement system has a major role in ensuring the efficient spending of the public money and in promoting economic competitiveness. The legislative bases of the system are represented by harmonized European regulations, which aim to facilitate the application of the principles and freedoms enshrined in the EU Treaties. This paper presents the main aspects of the reform of the European public procurement system, aiming to make the procedures for awarding public contracts more transparent and open to all European companies and to streamline public spending for the procurement of goods, services and works.

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EU Policy Towards Promoting Local Democracy in Ukraine

Author(s): Kateryna Chabanova / Language(s): English Issue: 11/2017

Administrative-territorial structure of Ukraine is far from being the one that is aimed at providing even social-economic development and promoting prosperity in its regions. The system of local government doesn’t meet the needs of Ukrainian society. Not only it doesn’t grant getting essential public services and having equal opportunities in justice but also doesn’t provide the creation and maintaining of the favorable living space for the development and self-realization of the human. After “the revolution of dignity” Ukraine embarked on public administration and local government reform. The research supports an idea that transformations in Ukraine may be achieved with local solution. Strengthening the capacity of local communities is the only way to empower people. European Union provides constant advice, expertise and financial support to Ukraine. The main aim of this article is to investigate EU policy toward promoting local democracy in Ukraine and analyze the EU activities in democracy-building as well as to present the different challenges that EU facing within implementation of the Association Agreement.

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Liječnička pogreška kao povreda ljudskih prava

Author(s): Nikolina Katić / Language(s): Croatian Issue: 34/2018

Even though the European Convention on Human Rights and Fundamental Freedoms does not recognize the ”right to health” as one of the conventional rights, the case law of the European Court of Human Rights has recognized and developed protection of human rights of patients and their next of kin within the Convention, when they deem their rights have been violated by the medical negligence or medical malpractice. Most important, these rights were recognized under positive obligations which were imposed on the Member States within the right to life (Article 2 of the Convention) or under prohibition of torture (Article 3 of the Convention). In substance, the positive obligations developed through the Court’s case law demand from the Member State prompt, effective and patient-friendly system for detecting and eliminating the violations of the Convention on national level. There are three specific cases that were decided upon by the Court in respect of the Republic of Croatia regarding the positive obligations under Article 2 of the Convention in relations to medical malpractice (Bajić v. Croatia, Kudra v. Croatia and Bilbija and Blažević v. Croatia). These cases showed weakness in the national system and opened this theme for a wider public debate. The process of execution of these judgements before Committee of Ministers of the Council of Europe lead to number of measures taken for improvement of the domestic system in terms of medical negligence and medical malpractice.

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Wybrane prawno-finansowe zagadnienia międzynarodowej współpracy jednostek samorządu terytorialnego

Author(s): Maciej Rudnicki / Language(s): Polish Issue: 2/2006

The author raises the issue of current legal and financial aspects of international cooperation between local self-government units. Self-governmental cooperation that reaches across borders is sanctioned by the Polish Constitution, acts of international law – including the European Charter of Local Self-Government, ratified by Poland, as well as the European Framework Convention of Cross-Border Cooperation – and Polish legislation.International cooperation between units of local self-government is an important element of the EU policy of regional development, especially in terms of strengthening social, economic as well as territorial cohesion of the EU.Euroregions are a legal-administrative form of transborder cooperation between local self-governments and local communities. Their existence is based on agreements concluded directly between units of local self-government or associations of such units that belong to at least two states. In Poland there are currently 17 euroregions that join self-governments of Poland and those of other neighbouring states.One of the basic legal and financial instruments that underlie international cooperation of local self-government units of the EU is Interreg Initiative. The author also discusses the perspectives of international cooperation of local self-government units, particularly in the light of redefining the social and economic cohesion policy of the EU as well as new financial perspectives for the 2007-2013 budget.

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The smart cities are implemented

Author(s): Robertina Zdjelar,Robert Kelemen / Language(s): English Issue: 01/2019

54+ e-inclusion rate is extremely low in numerous EU countries. According to the Eurostat database only 2-3 EU countries have achieved an exceptionally high rate of digital literacy and e-inclusion of citizens 54+. All the far-reaching digital literacy measures for citizens aimed at adapting to the new digital model of society and economy have not included all those citizens who are no longer on the labor market and, consequently, do not have the access to ICT education and e-skills development process. We have entered the period of the 4th Industrial Revolution which implies digital transformation. Transformation expansion necessarily requires the change of society behavior, that is, the behaviour of its citizens.The efficiency of available electronic services, both commercial (ensuring profitability) and public (providing cheaper and faster public services), is also lower than expected. The viability of investing in the aforementioned services becomes questionable as the businesses and public administration need to maintain new infrastructure to provide digital services and simuntaneously they need to maintain conditions for providing already established old-fashioned non-digital services, which certainly leads to double costs of doing business. It is also important to note that the number of electronic service users who are 54+ years old is extremely low. Prior work: Many research results have been published on society networks research, but almost none of them have been conducted as a real scientific experiment that can show the way to successfully transmit the knowledge to 54+ which will enable them to develop e-skills. Results: The authors will present the possibilities of carrying out an experiment that will clarify the methods of developing 54+ e-skills in efficient ways. Value: The scientific contribution of the experiment is to determine the way to achieve the efficient increase in the rate of e-inclusion and digital literacy of citizens 54+ by using public education infrastructure.

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KRIVIČNOPRAVNA ZAŠTITA ŽIVOTNE SREDINE

Author(s): Mirza Totić / Language(s): Serbian Issue: 14/2015

This paper deals with several important issues related to human activity that results in environmental degradation. It emphasizes the offenses against the most valuable goods for humanity, their perpetrators, legal regulations and instruments that impose sanctiones against these criminal activities. The paper elaborates questions as, responsibility for the violation of classical legal principles or responsibility for the offenses and caused damage. Among a number of principles on which the environmental law is founded, this paper particularly favors the principle of sovereignty over natural resources and the commitment to preservation of the nature. Many conferences were held, many declarations were adopted, many conventions were signed and provided a multitude of legally binding statements and laws, in order to wide the understanding of the concept of environmental protection and the need for its salvation. The endangering of nature is the result of human actions whose effects are now noticeable in those places where previously they could not be expected. Man becomes aware that he had committed large crimes that without any doubt require the criminal responsibility only by positioning himself between the science and technology and endangered environment.

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