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BEYOND THE LISBON TREATY: STRENGTHENING THE STRATEGIC PARTNERSHIP BETWEEN THE COUNCIL OF EUROPE AND THE EUROPEAN UNION

Author(s): Titus Corlăţean / Language(s): English Issue: 1/2022

In 2009, the entry into force of the Treaty of Lisbon ushered the European Union into a new stage of European integration, placing democracy and the respect of the rule of law and human rights at the forefront of EU policies. This emphasis on issues which are the core mandate of the Council of Europe created greater opportunities for co-operation between the two organizations, at the level of a Strategic partnership. Since then, the Council of Europe and the European Union have consolidated this partnership, based on the three pillars of enhanced political dialogue, stronger legal co-operation, and a wide range of joint co-operation programmes. Goals such as the accession of EU to the European Convention on Human Rights will strongly enhance this co-operation. In 2022, the Russian Federation’s aggression against Ukraine and the ensuing exclusion of the Russian Federation from the Council of Europe recast the co-operation between the Council of Europe and the European Union into a new perspective. In light of the epochal changes that Europe is experiencing, the Assembly calls for a renewed impetus towards strengthening the strategic partnership between the Council of Europe and the European Union, on the basis of their shared values and commitment to promoting peace, security and stability on the European continent and supporting multilateralism worldwide*.

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DREPTUL LA LIBERTATEA DE RELIGIE DE LA EDICTUL ÎMPĂRATULUI CYRUS AL II-LEA (CEL MARE), PRIMA „CARTĂ A DREPTURILOR OMULUI”, PÂNĂ LA „TRATATUL INSTITUIND O CONSTITUŢIE PENTRU EUROPA”

Author(s): Nicolae Dură / Language(s): Romanian Issue: 2/2022

The analysis of the main documents of the international and European legal instruments, starting with Emperor Cyrus’s „Edict” in 539 BC, and ending with the „Treaty establishing a Constitution for Europe”, i.e. the European Union Constitution in 2007, revealed that the Right to freedom of Religion – perceived since ancient times as one of the main fundamental human rights – should not be asserted only in the constitutional text of the EU States, but it should also be protected under international and European law. This also involves ensuring several concrete measures of legal protection, as some emperors of the ancient world had otherwise done, such as Cyrus the Great, Alexander the Great and Constantine the Great. The assessment – be it brief – of these documentary evidences also revealed the constant concern of the humanity to include the Right to freedom of Religion into the „Charter of Human Rights”, whose basis lies both in „Jus divinum” and in „Jus naturale”, on the one hand, and in „Jus positivum”, on the other hand. This triggers the contemporary jurist’s need to greater familiarize himself/herself with the text and principles set out therein.

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JURISPRUDENȚA CURȚII EUROPENE PRIVIND DREPTUL LA RELIGIE. CONSIDERAȚII ȘI EVALUĂRI

Author(s): Cătălina Mititelu / Language(s): Romanian Issue: 2/2022

By its rulings and decisions, taken according to the provisions of „the European Convention of the Human Rights”, „the European Court of Human Rights” created a real jurisprudence in the field of human rights, among which the leading place was also the right to religion. In order to understand, and at the same time to exemplify the way in which the magistrates of the European Court perceived and pronounced themselves regarding the right to Religion, I examined and assessed some of rulings and decisions, which I referred to the text of the articles from the European Convention on Human Rights (cf. Art. 9 and 14). Since by the rulings and the decisions of the European Court - in various cases regarding the right to religion - have been created several legal principles, and therefore a jurisprudence in this field, it is therefore necessary for the lawmakers and the magistrates of the E.U. States to know them and apply them whenever they have to do with “jus-dicere”.

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Politici publice de actualitate – acțiune guvernamentală „de așteptat”

Author(s): Camelia Daciana Stoian / Language(s): Romanian Issue: 02/2022

The concept of this material represents a first step of a staged project that is meant to raise awareness of current state of family law and we rely on the fact that, in the near future, we shell face a successful and more applicative perspective which would be reshaped, from legislative point of view, at least as codes of good practice. At the same time, this article is addressed not only to professionals, civil servants, contract stuff, but also to future occupants of public administration positions, such as students who already study a dedicated program of this field. This approach is felt to be necessary, as the proposed topic combines case law and the duties of professionals with national and European legislation, and more attention is paid to the idea that some institutions of family law are being redefined at European level. Are civil servants currently trained in European law or even in the effects of judgments of the Court of Justice of the European Union in the exercise of their duties? Are, for example, the implications of respect for the right to freedom of movement in family law matters being dealt with in an assertive manner? We thus have pertinent questions which require the correlation of the aspects used only at a theoreticalinstitutional level with the accession to the Union, although the outlined jurisprudence versus the socio-traditional impact has already created a battlefield aimed either at traditional educational actions or at changing the mentality in the sense of forming a culture of zero tolerance motivated by the disrespect of human rights and the extensive limits which derive from this. The honour of the parties of another side of the socio-political partnership obliges by the respect for the rights of every European citizen, in quasi-totality, the public policymaking body (central specialized public administration) and, without any doubt, the experience of the specialized academic body, to solve policy problems that „caught the eye” on this segment of family law.

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Reflection on Nigeria’s Air Pollution Regulations with a View to Learning from the European Union

Author(s): Adeola Olufunke Kehinde,Ifedapo Oluwakemisola Osadola,Adebusola Awonuga / Language(s): English Issue: 1/2023

The effects of air pollution on all people across the globe cannot be overemphasized. It is a phenomenon that needs urgent attention from all countries of the world. Serious efforts must be made to cut down the greenhouse gas emissions by all nations so as to reduce the menace of air pollution. Various countries including developed, developing and under developed are making efforts to tighten the control of pollution so as to ensure that the rate at which people are exposed to pollutants across their cities are reduced, but in spite of all these efforts, the level of pollution all over the world seems to be going higher, Nigeria inclusive. The level of pollution in Nigeria is still very high and there seems to be no solution around the corner. The World Health Organization (WHO) has noted that each year, air pollution is responsible for nearly seven million deaths around the globe. This shows the extent to which air pollution has wrecked and is wreaking havoc on the entire world. This article is necessary at this time as it has been noted that there is no concrete legal framework in Nigeria which addresses air pollution. The existing laws regarding environmental protection are grossly inadequate to take care of the level at which air pollution is ravaging Nigeria as a country; also, the existing laws lack enforcement mechanism. There is a need for the Nigeria government to come up with a standard and adequate law to tackle the menace of air pollution in Nigeria and the country must be ready to ensure that the laws made are adequately enforced. This article examines what air pollution is all about and its effects on human beings and the Nigeria environment at large bringing out lessons Nigeria can learn from the EU.

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State Aid - Commitment to join the European Union

Author(s): Olesea Lungu / Language(s): Romanian Issue: 1/2022

The Vector of European Integration is one of the priority directions of the policy of the Republic of Moldova. In order to achieve this goal, the Republic of Moldova has made several commitments through Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (ratified by Law no.112/2014). Through the Association Agreement, the Republic of Moldova has made commitments in the field of state aid, including in respect of state aid monitoring. Monitoring state aid is a complex process, the correctness of the performance of which depends not only on the efficiency of the use of public resources and preventing significant distortion of the competition environment, but and the level of fulfillment of international commitments.

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THE PLACE AND ROLE OF THE PRESUMPTION OF INNOCENCE IN THE ROMANIAN CRIMINAL PROCEDURE

Author(s): Constantin Sima / Language(s): English Issue: X/2022

The presumption of innocence was first enshrined in the Declaration of the Rights of Man and of the Citizen of 1789, which, in art. 9 provided that „every man shall be presumed innocent until proved guilty”[1].

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THE INHERITANCE RIGHTS OF THE CHILD BORN OF THE SUBSTITUTION MATERNITY IN THE EUROPEAN UNION

Author(s): Andreea Buruiană Rusu / Language(s): English Issue: X/2022

Substitution maternity is a current and a developing phenomenon and the inheritance rights of a child born from such a procedure are very complex. Taking into account the whole global perspective, no comparable moral or legal basis can be identified in this area. The creation of a common legal framework or the advancement of a large-scale international unification of substantive law or the rules on the recognition of the effects of foreign law does not seem to be an objective that can be achieved soon. In this context, the issue of inheritance rights of the child born from the substitution maternity is a very complex one. In dealing with the subject, we will analyze the European Regulation 650/2012, the decisions of the ECHR in this matter, national provision and we will seek to find solutions on the ways in which the rights of succession can be protected in such a situation.

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THE ECCLESIASTICAL SUCCESSION IN THE EUROPEAN SPACE

Author(s): Tiberiu Nicușor Chiriluță / Language(s): English Issue: X/2022

The present study proposes for analysis a less known and accessible normative field, which lacks in terms of jurisprudence but which has often aroused attention by the way in which the succession rules of the Romanian law come into competition with the statutory provisions of church. We will identify special situations, which derogate from the common law in the matter of successions of hierarchs and monks and which bring to research the anomalous legacy. In order to have an overview of the regulations under analysis, we will study the issue from the perspective of the Statutes of the main Orthodox Churches in the European space with the regulations in force.

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OFFENSES RELATING TO TAX EVASION. NEW CRIMES

Author(s): Adrian-Milutin Truichici,Luiza Neagu / Language(s): English Issue: XVI/2022

The payment of taxes or contributions provided by law is a duty of the citizen, which, according to art. 56 of the Basic Law, is obliged to contribute, through taxes and charges, to public expenses. Through special laws, the obligation of the citizen to contribute to the social insurance budgets, by paying social and health insurance contributions, is also established. Although the debtors of fiscal obligations accumulate the status of beneficiaries of the amounts allocated by the public authorities, many of them are tempted to reduce the tax base fraudulently, they are forced to find ways to evade legal obligations, for the reason that, the legislator must identify and establish the necessary levers for the collection of taxes, contributions and fees.

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THE RIGHT TO A FAIR TRIAL AND ITS GUARANTIES IN THE STATE OF LAW

Author(s): Nadia Elena Dodescu / Language(s): English Issue: XVI/2022

The European Convention of Human Rights was the first instrument of international law which organized the defense of humans, ensuring their rights and freedoms, even before their own state. This Convention is the first instrument of a paramount importance and, meanwhile, the first international treaty to bring a collective guarantee for respecting the human rights, on the side of the European Union’s member states. Once the European Convention of Human Rights was adopted, both a legal regime and a protection system of legal action were created. Thus, The European Convention of Human Rights is an original institutional mechanism of protection that, besides defining the human rights and its fundamental freedoms, obliges the member states to also ensure them. Therefore, the right to a fair trial represents a guarantee of respecting the human rights.

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UNCERTAINTIES IN SUSTAINABLE EDUCATION

Author(s): Sorina Mihaela Bălan,Daniel-Cornel Bălan,Liliana Bălan / Language(s): English Issue: 1/2023

"What is the educational, engineering, economic, social impact in terms of sustainable development?" this is the central question of the present work that addresses the issue of uncertainty in sustainability. The role of transformation in sustainable learning must be considered. There are not many studies that examine the extent to which transformation and learning issues related to sustainable development can be integrated. It discusses the role of education in promoting the concept of sustainability and how the link between: 1. Quality education; 2. Education for sustainable development (education for sustainable development - ESD) and 3. Education on disaster risk reduction (disaster risk reduction - DRR - education). One goal of learning is adaptive capacity. Another question we sought to answer is: "How can we best prepare for change and what role will education play in this?" Key findings, drawn from a range of international contexts, include broad evidence that education providers want to approach sustainability from an integrative perspective. This approach requires more administrative resources to develop formal and hidden mechanisms of the curriculum. We believe it is necessary for educational institutions to transform themselves to serve as models of social justice and environmental stewardship to promote education for sustainability. Because education should also aim at modules that prepare young people for the future, we emphasized concern for sustainable education through a case study that presents a proposal to revitalize the social and cultural life of the Municipality of Târgu Mureș, by the LUMINEX team. Young people want a change for the better, being concerned about the future and sustainability. In conclusion, an additional consideration is the value that both creativity and flexibility have in relation to a person's adaptability.

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ABUZUL DE DREPT – PLEDOARIE PENTRU ECHILIBRUL PIERDUT PRIN DORINŢA DE PREJUDICIERE

Author(s): Elena Sârghi,Luciana Viziteu / Language(s): Romanian Issue: 02/2023

This work presents the concept of abuse of law from a multidisciplinary perspective, approaching a methodology that consists in drawing significant milestones for defining the notion, presenting the regulations in the matter, illustrating the evolution of the concept, as well as the theories outlined over time, which generate controversies and that have influenced current legislation, highlighting the different nuances of the concept. The work also contains a practical component by outlining some jurisprudential aspects, followed by the creation of a legal situation, but also by offering a solution for it.

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PRACTICA JUDICIARĂ A CURŢII EUROPENE DE JUSTIŢIE ÎN CADRUL APLICĂRII TAXEI PE VALOAREA ADĂUGATĂ

Author(s): Alexandru Armeanic,Andrei Nastas / Language(s): Romanian Issue: 02/2023

The issue of the European Court of Justice's reflection on judicial practice will be analyzed in the light of decisions that establish European practice in this tax compartment, with reference to the EU's most important revenue such as the Value Added Tax. At the time of the entry into force of the Rome Tax Convention on Circulation Tax applied in the Member States, there are different tax rates, procedural differences and the structure of the tax. The European Court's comments as well as other rulings in which the Court embodies or completes VAT legislation forms an integral part of the legal basis governing VAT because they contain provisions which determine the mechanism for implementing the directives. The decisions of the European Court have become a source of law and a component part of the legal mechanism for the harmonization of legislation governing indirect taxes in the Member States of the European Union. In our research, we will present a few examples of judicial practice, demonstrating the degree of influence of the European Court in the formation of some legal institutions of the species, as well as European tax law in general.

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Contradictorialitatea și oralitatea în procedura de cameră preliminară

Author(s): Daniela Maria Czika / Language(s): Romanian Issue: 02/2022

The right to a fair trial is presented as a procedural right which allows different approaches to its application in national judicial proceedings. Moreover, it is one of the rights whose violation has often been invoked before the European Court of Human Rights, leading to numerous convictions of states, with the consequent payment of damages to the plaintiffs. Regulated by the provisions of Article 6 of the European Convention on Human Rights, this right includes a multitude of guarantees designed to ensure a fair, effective, equitable and rapid trial, to strengthen the confidence in the justice system. Within these guarantees, the adversarial and oral nature of the preliminary chamber procedure is of particular significance.

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Gouvernance métropolitaine: les enjeux de l'institutionnalisation et de l'aménagement du territoire

Author(s): Dana Alexandru / Language(s): French Issue: 02/2022

This paper looks at metropolis models in various European countries with the aim of identifying successful models or possible limitations. The concern for this analysis is justified by the fact that the administrative legislation of EU Member States is no longer shaped only at national level but is subject to European influence in numerous ways. The challenge involved by this research was to work with a concept that is not specific to the Romanian context, governance. By examining governance issues, we tried to identify the types of administrative arrangements (metropolitan areas versus individual administrative units) that are needed at the local level to effectively manage spatial planning. We have therefore looked at how polycentric development is approached under the assumption of growing local communities, through significant urban sprawl to neighboring communities. In this context we ask whether metropolitan governance achieves its aim of creating a polycentric region and whether these policies will bring the benefits we expect. It remains to be seen whether local territorial governance becomes a sustainable mechanism and framework to produce polycentric development or rather encourages the development of unbounded urban agglomerations.

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Considerații privind săvârșirea infracțiunii de violare a vieții private

Author(s): Radu-Mihăiţă Cazacu,Ioana Palade / Language(s): Romanian Issue: 1/2023

One of the objectives considered in the process of creating this article was to draw attention to the fundamental right to respect private life. A current criminal phenomenon, recently appeared, harms this fundamental right and produces serious consequences for its victims. But what happens in the European Union and in particular, in Romania, when this obligation to respect private life is violated? Some of the member states of the European Union criminalize this phenomenon and in Romania, there is a legislative proposal on this regarding. Another objective of this paper is the analysis of the existing legislative proposal in the Romanian Parliament, and subsequently, the presentation of the additions that must be made.

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Art. 6 din Convenție (aspecte penale). Încălcare. Condamnarea reclamantului în temeiul unor dispoziții din dreptul intern în mod manifest contrare dreptului Uniunii Europene

Author(s): Antonia-Eleonora Constantin / Language(s): Romanian Issue: 1/2023

In this judgment, the Court found a violation of the plaintiff's right to a fair trial and the right guaranteed by art. 1 of the Protocol no. 1 to the Convention determined not by the refusal of the national courts to notify the Court of Justice of the European Union with a preliminary reference in order to interpret the law adopted in the matter of the common fisheries policy, but by the application of the domestic law that contravened the EU legislation in the matter. The case does not question the refusal of the national courts to refer the Court of Justice of the European Union with a preliminary reference, such a right not being guaranteed as such, but the violation of the principles of direct application and priority of EU law and, thereby, of the rights that the Convention consecrate them. When the EU law rules that do not raise any problem of interpretation and whose clear meaning has been communicated by the European Commission to the national authorities, including the courts before the final resolution of the case, the conviction of the plaintiff and the application of complementary sanctions of pecuniary nature by applying the provisions of national legislation which were obviously contrary to European law, represents, from the Court's perspective, a serious error of law that affects the fairness of the process, resides in a true denial of justice, lacking legal support and interference in the exercise of the right to the observance of goods.

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Hotărârea Curții de Justiție a Uniunii Europene (Camera întâi), în cauza C-492/22 din 8 decembrie 2022

Author(s): Remus Jurj / Language(s): Romanian Issue: 1/2023

HOTĂRÂREA CURŢII DE JUSTIȚIE A UNIUNII EUROPENE (CAMERA ÎNTÂI) ÎN CAUZA C-492/22 DIN 8 DECEMBRIE 2022. „TRIMITERE PRELIMINARĂ – PROCEDURĂ PRELIMINARĂ DE URGENȚĂ – COOPERARE JUDICIARĂ ÎN MATERIE PENALĂ – MANDAT EUROPEAN DE ARESTARE – DECIZIA-CADRU 2002/584/JAI – ARTICOLUL 6 ALINEATUL (2) – STABILIREA AUTORITĂȚILOR JUDICIARE COMPETENTE – DECIZIE DE AMÂNARE A PREDĂRII ADOPTATĂ DE UN ORGAN CARE NU ARE CALITATEA DE AUTORITATE JUDICIARĂ DE EXECUTARE – ARTICOLUL 23 – EXPIRAREA TERMENELOR PREVĂZUTE PENTRU PREDARE – CONSECINȚE – ARTICOLUL 12 ȘI ARTICOLUL 24 ALINEATUL (1) – MENȚINEREA ÎN DETENȚIE A PERSOANEI CĂUTATE ÎN SCOPUL UNEI URMĂRIRI PENALE ÎN STATUL MEMBRU DE EXECUTARE – ARTICOLELE 6, 47 ȘI 48 DIN CARTA DREPTURILOR FUNDAMENTALE A UNIUNII EUROPENE – DREPTUL PERSOANEI URMĂRITE PENAL DE A FI PREZENTĂ ÎN PERSOANĂ LA PROCESUL SĂU”

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REŽIM ODGOVORNOSTI ZA ŠTETU U ŽIVOTNOJ SREDINI U PRAVU EVROPSKE UNIJE - OSVRT NA DIREKTIVU 2004/35 O ODGOVORNOSTI ZA ŠTETU U ŽIVOTNOJ SREDINI

Author(s): Zoran Sretić / Language(s): Serbian Issue: 2-3/2006

The Author of this text delivers an overview of the EU liability regime for environmental damage through analysis of provisions of Directive 2004/35. Starting from the hypothesis that legal concept of protected good determines adequate legal path of its protection, he recognizes that the liability regime for environmental damage is contingent upon EU legislator’s legal understanding of environment as a public good. Therefore, the Directive institutes public law concept of environmental damage complemented by public law liability which has to be established under administrative procedure. As a primary characteristic of the Directive, the author, hence, distinguishes its conceptual division with tort law appreciation of damage which is elaborated under Lugano Convention, as well as under domestic Law on Environmental Protection that leans upon Law on Contracts and Torts. On the other hand, he notices that, although liability for environmental damage is being established under administrative procedure in accordance with the Directive, criteria for its establishment are based upon concepts of strict liability and fault-based liability of civil/tort law. Nevertheless, unlike civil law approach where protection is conditional upon private initiative and where object of protection is of proprietary nature, here the liability is determined under administrative procedure which is initiated by competent authority acting as guardian of public interests in relation to an imminent threat of environmental damage with significant adverse effects or environmental damage with significant adverse effects to the natural resources and/or natural services. As natural resources and natural services cannot be valued by market criteria, the problem of their market valuation in fact, does not occur, as the scope of liability is measured through financial coverage of restoration costs for harmed natural resources and/or their services into baseline condition by liable operator in accordance with ′polluter pays′ principle. Therefore, the author concludes that the separation of environmental damage from the civil law concept of damage will create the risk to the potentially liable person of being financially burdened under two separate legal grounds (public law and private law) as a result of a single episode, which will provide policy background to effectively direct the operators’ behavior towards ultimate model of every legal system of compensation - better safe than sorry.

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