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ПОСТУПАК ЗАКЉУЧИВАЊА УГОВОРА ЕВРОПСКЕ УНИЈЕ СА ТРЕЋИМ ДРЖАВАМА И МЕЂУНАРОДНИМ ОРГАНИЗАЦИЈАМА

Author(s): Zoran Radivojević,Vesna Knežević-Predić / Language(s): Serbian Issue: 78/2018

After the Lisbon Treaty has entered into force, the process of concluding treaties between the EU and third countries or international organizations has sustained significant changes. The most important procedural novelty is the establishment of the ordinary procedure that covers almost all agreements the EU concludes with third parties. Under the Lisbon Treaty, this procedure involves a number of stages: negotiations, signing the agreement, and decision to conclude the agreement. For agreements whose subject matter exclusively or predominantly falls into the domain of common foreign and security policy, there are several derogations from the uniform rules of the ordinary procedure. The same provision of the founding treaty regulates the procedures for amending and suspending the agreement in force, as well as the judicial control procedure of those agreements that are yet to be concluded. The ordinary procedure does not cover two subject-specific proceedings pertaining to relatively narrow areas of EU action. More specifically, they refer to the conclusion of agreements in the area of common trade policy and agreements on the exchange rate of the Euro against the currencies of non-member states. The exclusion of trade agreements is probably the result of the differences that still exist in the division of competencies between the Member States and the EU regarding trade in the area of some services. On the other hand, the enactment of a special procedure for agreements on the Euro exchange rate in relation to the national currency rates of third countries stems from the need to ensure the Union’s unique position in this field. On the institutional level, the most important actors in the process of concluding EU agreements are the Council, the Commission and the European Parliament. The Council has retained the central role in all types of treaty procedures, and it decides on essential issues related to the course and outcome of the process. The Commission has retained the major role in initiating and negotiating the agreements, but it is no longer the exclusive initiator and negotiator in the agreement process. Namely, depending on the subject of the treaty, new entrants in that role are the High Representative for Foreign Affairs and Security Policy, and the European Central Bank. The European Parliament has strengthened its position in the procedure for concluding EU agreements and can, therefore, be considered the largest “net” winner of the Lisbon Treaty reform. This is partly due to its new role in the course of negotiations, which implies the right to be imediately and fully informed about all stages of the proceedings, but to a much greater extent it refers to the powers that this body has in the final stage preceding the conclusion of the agreement. Finally, the EU Court of Justice has an important role in this process; its task is to control the compliance of the EU agreements with the founding treaties prior to their conclusion.

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EUROJUST – STRUCTURĂ EUROPEANĂ DE COOPERARE ÎN DOMENIUL JUSTIȚIEI

EUROJUST – STRUCTURĂ EUROPEANĂ DE COOPERARE ÎN DOMENIUL JUSTIȚIEI

Author(s): Victoria Cristiean / Language(s): Romanian Issue: 28/2016

To coordinate the investigation and prosecution of cross-border crimes in organized crime, Member States have decided to create a special team of experts called Eurojust, togheter with the European Judicial Network - activist group already as central coordinator that allows the rapid exchange of information between prosecutors and judges- will provide analysis and rapid resolution of cross-border crime, by addressing urgent requests for extradition and mutual assistance in criminal matters.

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REŢEAUA JUDICIARĂ EUROPEANĂ - STRUCTURĂ EUROPEANĂ DE COOPERARE ÎN DOMENIUL JUSTIȚIEI

REŢEAUA JUDICIARĂ EUROPEANĂ - STRUCTURĂ EUROPEANĂ DE COOPERARE ÎN DOMENIUL JUSTIȚIEI

Author(s): Victoria Cristiean / Language(s): Romanian Issue: 28/2016

Member States of the European Union on the legal and practical level in order to combat serious crime, in particular organized crime, corruption, drugs trafficking and terrorism.The principle underpinning the European Judicial Network is to identify relevant persons in each Member State who plays an essential role in practice in judicial cooperation in criminal matters in order to create a network of experts to ensure proper execution of requests for mutual legal assistance.

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TRASATURILE GENERALE ALE GRUPULUI EUROPENA DE INTERES ECONOMIC (G.E.I.E.)

TRASATURILE GENERALE ALE GRUPULUI EUROPENA DE INTERES ECONOMIC (G.E.I.E.)

Author(s): Mihai Dorel Vlad / Language(s): Romanian Issue: 25/2016

European Economic Interest Group is the association of two or more natural or legal persons, constituted for a fixed or indefinite period, the purpose of aiding the economic development of its members and improve business results. Economic interest group is designed as a legal structure between companies and association. In its organization and functioning is a priority will constitute members.

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PROTECTIA JURIDICĂ A MĂRCILOR ÎNREGISTRATE ÎN UNIUNEA EUROPEANĂ

PROTECTIA JURIDICĂ A MĂRCILOR ÎNREGISTRATE ÎN UNIUNEA EUROPEANĂ

Author(s): Mihai Dorel Vlad / Language(s): Romanian Issue: 25/2016

Brands represent words or symbols likely graphical representation meant to differentiate products and services to a natural or legal person from those belonging to other people. Although registration is not mandatory, the mark may be the key to a successful business. Territoriality principle does not prevent trade mark where an identical or similar mark both in terms of the name and the goods or services protected by registered holders be different in different states.

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Правото на дипломатическа и консулска закрила на гражданите на ЕС

Правото на дипломатическа и консулска закрила на гражданите на ЕС

Author(s): Jivko Draganov / Language(s): Bulgarian Issue: 3/2018

The article studies the right of the citizens of the European Union to diplomatic andconsular protection and in particular the development of the EU legal order in the area ofdiplomatic and consular protection. Diplomatic and consular protection under internationallaw is examined to clarify the essence of the EU right to diplomatic and consular protection.The evolution of the EU’s secondary legislation is being discussed. Some major problems thatcreate difficulties have been outlined as obstacles to the effective exercise of the diplomaticand consular protection right by the citizens of the member states.

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Legal Liability and Responsibility of the Romanian State regarding Uniformity of Law at European Level

Legal Liability and Responsibility of the Romanian State regarding Uniformity of Law at European Level

Author(s): Mariana-Daniela Sperilă (Crăciunescu) / Language(s): English Issue: 47/2015

The unification of the law at European level acts as a step which succeeds the nearby processes and legislative alignment and implies that the laws of each Member State have to adapt to the basic principles and the European legislation in force. Wingspan process involves, firstly, a strong legal responsibility of Member States, in general, and of the Romanian state, in particular, and this must be channeled mainly for adapting national legislation to the requirements of European law, without neglecting the slightest obligation to respect the legal standards developed at European level. In this context, liability, one of the most important terms of the law, along with legal responsibility, prerequisite and necessary, enable this process at all easy. European legal order and national legal order are not mutually exclusive but they are intertwined in the direction of an uniform law in the European Union, overpassing borders. The fact that the Romanian state is one of the Member States of the European Union make it to be, primarily, a matter of law for the European legal order, requiring both legal liability on its part, as far as legal liability. Thus, it becomes imperative the following question: what happens if the romanian state is not manifesting the above mentioned responsibility and violates European law? In other words, will it respond for disregarding European law?

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IA în UE: o odisee legală

IA în UE: o odisee legală

Author(s): Diana Mădălina Mocanu / Language(s): Romanian Issue: 1-bis/2018

Whereas, in the European Parliament’s own words, humankind stands on the threshold of an era when ever more sophisticated robots, bots, androids and other manifestations of artificial intelligence (AI) seem to be poised to unleash a new industrial revolution, this article is an attempt at analyzing the current European legal landscape ahead of this true paradigm shift.Starting with the legal implications and effects of the phenomenon, including on the judicial field and the way in which the judiciary itself works, I will attempt to make an inventory of the challenges raised especially as to civil law rules on liability, but also as to non-discrimination, due process, transparency and understandability in decision-making processes.

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Reglementări europene aplicabile societăților „born global” care operează prioritar în mediul electronic

Reglementări europene aplicabile societăților „born global” care operează prioritar în mediul electronic

Author(s): Teodora-Alexandra Oprea / Language(s): Romanian Issue: 1-bis/2018

“Born global” companies are those companies that pursue an economic activity on an international level starting from the moment or immediately following the moment they are incorporated and organize themselves from a management, structural and legal standpoint to efficiently serve an international market. The activity of these types of companies entails a series of particular difficulties and differences compared to companies that have been set up on a classical framework and become international further on. The paper takes up the discussion of issues of legal difficulty concerning the law applicable to “born global” companies that mainly operate online, with a particular view to the governing law, the legal initiatives taken up by the European Union in this regard and possible legal and economic implications deriving from extant economic company models.

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Platformele colaborative online – Provocări juridice europene

Platformele colaborative online – Provocări juridice europene

Author(s): Carmen Tamara Ungureanu / Language(s): Romanian Issue: 1-bis/2018

The collaborative economy, which is globally on the rise, involves business models that work through collaborative online platforms. The first part of the paper explains the notion of an online collaborative platform, the types of platforms that operate in different sectors of the economy and their place in the collaborative economy. In the second part, two of the legal issues raised by online collaborative platforms are analyzed and possible solutions are identified.

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Sediul permanent în comerțul electronic

Sediul permanent în comerțul electronic

Author(s): Ioana Maria Costea / Language(s): Romanian Issue: 1-bis/2018

The permanent establishment is a tax law institution with a source in international commercial practices. The legal link between the elements of a fund of commerce and a tax jurisdiction is of new dimensions from the point of view of e-commerce. Thus, a number of legal solutions need to be developed, based on soft law elements. Other regulatory solutions at European level tend to sketch new institutions.

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Technical Surveillance in the European Union Judicial System. Aspects of Comparative Law

Author(s): Andrei Bacauanu / Language(s): English Issue: 1/2018

The use of technical supervision as a probation process in the criminal trial is a topical issue, given that in recent years information and communication technologies have considerably increased the ability to collect, process and disseminate information. Technological progress results in the secrecy of correspondence being increasingly difficult to keep, and the technical means of supervision will always be one step ahead of legislation. Given the evolution of investigative methods in the criminal process, privacy protection has become a natural concern of the EU member states legislative authorities. Interference with private life is a controversial subject questioning the renunciation at privacy, as the general interest of the society, represented by the repression of crimes with a high degree of social danger, prevails over the private one.

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Conceptual Aspects of the Legislative Delegation within the Romanian Law and the Law of other States

Author(s): Neculai Lungeanu / Language(s): English Issue: 2/2017

The present paper represents a juridical and comparative study regarding the theoretical aspects of the legislative delegation, the dimensions of this concept, as provisioned by the Romanian constitutional provisions, of the Republic of Moldavia, and of other states. With regard to the concept of legislative delegation, it shapes a specific expressive form of relation between the Parliament and the Government as it is a living manifestation of the existent relations between the two major authorities of the state. The comparative analysis of this concept out of the perspective of several different legislations allowed the foundation of the collaborative and co-operative relation between the legislative and the executive authorities, as it is to be found under different forms of manifestation from one law to another.

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Ioan Alexandru. (2017). De la dreptul administrativ national la dreptul administrativ global/ From National administrative law to global administrative law

Author(s): Bogdan Berceanu / Language(s): English Issue: 2/2017

Book-Review: Bogdan Berceanu ‒ Ioan Alexandru. (2017). De La Dreptul Administrativ National la Dreptul Administrativ Global/From National Administrative Law to Global Administrative Law, the Publishing House of the Romanian Academy, 233 Pages, ISBN 978-973-27-2813-0

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The Legal Order of the European Community - A New Legal Typology

Author(s): Georgeta Modiga,Andreea Miclea / Language(s): English Issue: 1/2017

In order to fit the new European legal order on the legal map of the world, we intend to focus on the legal order of the European Union. The paper seeks to answer the questions: is the law of the European Union a new type of law with specific qualitative determinations? Can it be about integration into a supra-national legal order? How can the national values be interwoven with those of the European Union? We are witnessing great challenges in the European Union - we are talking about integrating into a supra-national legal order, about joining supranational interests. Although it is based on international treaties, the Community legal order has characteristics that are fundamentally different from the international legal order. In this paper we have analyzed how the relations of the Community law interact with the national law. These do not reduce to a single model, but we can distinguish several situations depending on the role assigned to the Community provisions and the consequences on the existence of the content of national law. We appreciate that only insofar as the European Union is founded on an autonomous legal will and on common legal principles and values, both for individuals and for nations, the “unity in diversity” is possible.

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Legal Remedies for Personal Data Protection in European Union

Author(s): Carmen Tamara Ungureanu / Language(s): English Issue: 2/2018

In Romania, in the vibrant discussions on General Data Protection Regulation (GDPR), one of the issues less explored deals with the legal remedies for personal data protection. This is the topic of the present study, considered in an international – cross border context which is structured in two parts. In the first part terms frequently used will be explained and clarified. The second part will be focused on the core issue, meaning the pathways - the administrative way and the judicial way - data subject have at his/her disposal for restauration of the violated right, the fundamental right to the protection of personal data.If the administrative way is chosen, data subject has the right to lodge a complaint with a supervisory authority. If data subject is choosing the judicial path, he/she has the right to act either against the supervisory authority or against the controller or processor.

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Criticism Regarding the Regulation of the "Regular" Character for Telework Activity in Romania and De Lege Ferenda

Author(s): Ana Ştefănescu / Language(s): English Issue: 3-4/2018

While the Telework Framework Agreement concluded on July 16, 2002 between the European Community Industrialists Association, the European Union of Craftsmen and Small and Medium-Sized Enterprises, the European Centre for Enterprises with Public Participation, and Enterprises of General Economic Interest and the European Confederation of Trade Unions on telecommunication defines it as "a form of organization and / or performance of work using information technology (...) achieved (...) regularly (...)", for our country Law no. 81/2018, although it resumes the reference to the "regular" character, contradicts it clearly and in an unconcealed manner, translating it into the fact that such work would take place "at least one day a month".We want to raise this issue, showing the consequences for practice and maintain a proposal for de lege ferenda formulated since 2010.

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Prin instituirea obligației de furnizare de informații în sarcina în sarcina unei sfere mai largi de persoane
decât instituțiile financiare raportoare definite de Directiva 2011/16/UE, O.U.G. nr. 114/2018
contravine dreptului european și principiilor
4.50 €
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Prin instituirea obligației de furnizare de informații în sarcina în sarcina unei sfere mai largi de persoane decât instituțiile financiare raportoare definite de Directiva 2011/16/UE, O.U.G. nr. 114/2018 contravine dreptului european și principiilor

Author(s): Dan Dascălu,Mihail Boian / Language(s): Romanian Issue: 1/2019

By imposing the obligation to provide information in charge of a broader range of persons than the reporting financial institutions defined by Directive 2011/16/EU, O.U.G. no. 114/2018 is contrary to European law and to the general principles

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Aplicarea la nivelul Înaltei Curți de Casație și Justiție a art. 6 par. 1 din Convenția Europeană
a Drepturilor Omului în materie fiscală
4.90 €
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Aplicarea la nivelul Înaltei Curți de Casație și Justiție a art. 6 par. 1 din Convenția Europeană a Drepturilor Omului în materie fiscală

Author(s): Anca Radu / Language(s): Romanian Issue: 1/2019

In the light of a previous analysis of the application or, rather, of the non‑application in tax matters of Art. 6 par. (1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter „the European Convention”), it was necessary to submit the application of the same article by the High Court of Cassation and Justice, in causes involving tax legal relations.

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The Specificity of European Union’s Legal System – Aspects Related to the Principles of Primacy and Direct Effect

The Specificity of European Union’s Legal System – Aspects Related to the Principles of Primacy and Direct Effect

Author(s): Uroš Ćemalović,Ana Vukadinović / Language(s): English Issue: 10/2018

The main mechanism for the creation of the norms of international law is the development of multilateral treaties, respecting the fundamental principle known as “pactasuntservanda”. There is no dispute that the European Union (EU) law has its origins in international public law. However, even if the EU acts and institutions invariably proclaim the establishment of the internal market – an area of free movement of persons, goods, services and capital – and notwithstanding the gradual strengthening of the elements that demonstrate political and not just economic integration between the Member States, the EU is, strictly speaking, a sui generis international organization. Consequently, EU as organization and its legal system have numerous important specificities. The objective of this paper is to analyse two of those specificities that may be considered as fundamental: its aptitude to prime over the national legal norms of the Member States (Chapter 1 – the principle of primacy) and its general ability to produce a direct effect for physical and legal persons in Member States’ domestic legal systems (Chapter 2 – the principle of direct effect).

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