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INVESTMENT COURT SYSTEM OF CETA: ADVERSE EFFECTS ON THE AUTONOMY OF EU LAW AND POSSIBLE SOLUTIONS

Author(s): Simas Grigonis / Language(s): English Issue: 2/2019

The Court of Justice of the European Union (CJEU) has recently assessed the compatibility of the reformatory Investment Court System (ICS) of the EU’s trade agreement with Canada (CETA). In the Opinion 1/17, the CJEU ruled the ICS mechanism to be compatible with EU law. This article provides a comprehensive critical assessment of the ICS mechanism and its potential adverse effects on uniform interpretation of EU law. It is proposed that, despite the favourable assessment of the CJEU, the ICS mechanism could result in indirect negative effects on the uniform interpretation of EU law and the autonomy of EU legal order. Involvement of the CJEU in the proceedings of the ICS mechanism is suggested as a possible option to resolve all the incompatibilities of the ICS with the autonomy of the EU legal order, and to ensure the CJEU’s exclusive right to interpret EU law.

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THE PROMOTION OF SOCIAL RIGHTS – THE NECESSARY COMPLETION OF PARADIGM OF RULE OF LAW IN EUROPEAN UNION

Author(s): Nicolae Voiculescu / Language(s): English Issue: XVIII/2019

Rule of law is one of the fundamental values upon which the European Union is based on. It guarantees fundamental rights and values, allows the application of EU law, and supports an investment friendly business environment. Social rights, an essential component of fundamental human rights, are thus directly related to the rule of law principle. European Pillar of Social Rights contains principles and rights essential to the existence of fair and functional labour markets and social protection systems in 21st century Europe. The author advocates for understanding the concept of rule of law at European Union and national level by raising awareness and taking social values into account.

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PARTICULARITIES OF THE CONTRACTUAL LIABILITY OF THE AIR CARRIER UNDER REGULATION (EC) NO. 261/2004

Author(s): Valentin Dragomir / Language(s): English Issue: XVIII/2019

After the entry into force of the EC Regulation no. 261/20014, the companies specialized in recovering the damages granted under this regulation started by an excessive advertisement on the Internet networks to conclude documents of assignment of debt with the passengers entitled to the compensation.It is found that many of these specialized recovery companies do not have their headquarters in the European area and the question arises whether they can benefit from all the passenger rights of the airlines.Lately, in Romania, more and more such specialized companies are suing in order to obtain compensation under EC Regulation no. 261/2004, and the jurisprudence is constantly changing taking into account also the decisions of the Court of Justice of the European Union in this matter.

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La politique maritime intégrée de l’Union européenne

Author(s): Jose Manuel Sobrino Heredia / Language(s): French Issue: I/2013

Depuis 2007 l’UE essaie de mettre en place une politique maritime intégrée qui englobe des domaines aussi variés que la pêche, la navigation et les ports, le milieu marin, la recherche marine, la production d’énergie, les chantiers navals, la sécurité et la sûreté maritime, le tourisme et l’emploi, les développements des régions côtières et les relations extérieures concernant les affaires maritimes. Le but de notre rapport est de présenter, tout d'abord, les piliers juridiques de cette nouvelle politique et, ensuite, de montrer l’approche régionale fondée sur les bassins maritimes européens.

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Competenţele Uniunii Europene stabilite pe baza principiului de atribuire prin tratate

Author(s): Ion M. Anghel / Language(s): Romanian Issue: I/2013

Once EU objectives have been established (the reason for the creation of the EU), the manner in which they had to be accomplished also had to be established; in other words, what are the powers of the Union and its institutions. Therefore, in order to illustrate the legal capacity of the EU, the rules on which it will operate were formulated – what competences does it possess. As a result, the general principles for determining the competencies of the EU and its institutions were formulated in the TEU; these rules have been developed and explained in the TFEU and then in the annexed Protocols. But the question of competencies arises whenever it comes to EU policies, and it must be made clear who is acting and within what limits, since we can say that the competencies are ubiquitous. Given the multiple directions of competence, the issue of EU competences will be addressed from three angles, depending on its basis: the constitutive acts of the EU (treaties) - the main path and the normal form, unquestionable, desirable; the quality of a subject of international law of the EU – the competences being the intrinsic consequence of its conferred legal personality; the objectives of the EU – from which it is claimed the unnamed competences stem from; adding other sources to these.

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Politici europene de formare profesionalǎ a personalului didactic

Author(s): Andreea Rîpeanu / Language(s): Romanian Issue: I/2013

The vocational training is considered a right, but at the same time, it represents a duty of the employees. It has a special importance, being treated with great seriousness not only in the specific internal documents of the teaching staff, but also in the international ones. All the European policies determining access to preparing for the professional activity rely on the need to provide the society with the teaching staff that holds the necessary ethical and intellectual qualities and has the necessary knowledge and professional skills.

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The European Union and its eastern neighbourhood: building a crucial relationship

Author(s): Belén Sánchez RAMOS / Language(s): English Issue: I/2013

The European Neighbourhood Policy (ENP) is a fundamental instrument for the relations with the Southern Mediterranean and Eastern Europe. Since its inception în 2004, the ENP has promoted a variety of important initiatives, particularly on the trade and economic front, which have allowed the EU and its neighbours to develop stronger relationships în virtually all policy fields, from energy to education, from transport to research. The ENP is guided by the principles of differentiation and conditionality and universal values as human rights, democracy and the rule of law. This paper will focus on the implementation of the ENP, paying a special attention to the changes of the new European Neighbourhood Policy as a consequence of several factors such as the entry into force of the Lisbon Treaty or the changes în the Southern Mediterranean. în this sense, our main interest will be the strengthening of the bilateral and multilateral cooperation with the Eastern Neighbourhood through the ENP and the Eastern Partnership Summit în Warsaw (29-30 September 2011) that calls for closer political association and deeper economic integration with the EU.

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The Twentieth Anniversary of the European Union’s Internal Market: Strengths and Weaknesses of the Freedom to Provide Services

Author(s): Gabriela-Alexandra Oanţă / Language(s): English Issue: I/2013

On January 1st, 2013, twenty years have been met since the creation of the European Union’s internal market. The freedom to provide services is one of the most relevant manifestations of this internal market, which, în the last two decades, has deeply marked the process of the European integration. în this paper we analyze this fundamental freedom of the internal market as an invaluable tool of the European Union for a greater integration among its Members States and also to improve the options that the ordinary European citizen has available within his grasp. Undoubtedly, during this period of time the services have had a significant impact on the economy of the European Union’s Member States, generating nearly three quarters of the Gross Domestic Product of these States. Taking into account all these considerations, this paper will be divided into two parts. în the first part, it will be studied from a legal point of view the evolution of the freedom to provide services în the European Union framework. And în the second part, especially all the strengths and weaknesses of the freedom to provide services în the framework of the European Union will be presented.

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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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Ministerul public european. Mize, realizări şi perspective

Author(s): Pavel Palcu / Language(s): Romanian Issue: I/2013

The concept of a European Public Prosecutor is certainly not new, it was born since the mid-1970s as a necessity to most effectively protect the financial interests of the European Community, which already attributed to its own resources. Following the adoption of the Lisbon Treaty created the legal basis for the establishment of a European Department of Public Prosecution. The novel mention of a European Prosecution Department seems pretty bold, especially as according to Article 86 of the Treaty (TFEU) it is not expected to restrict their activities only to offenses that threaten the Union's financial interests, but provides that the Council can decide "at once or thereafter" extension of the competence for criminal investigations of serious crimes with a cross-border dimension.Since the road apparently leads towards a public action, we will analyze the stakes, the achievements and none the less the prospects.

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Cooperarea cu statele membre ale Uniunii Europene privind aplicarea principiului recunoaşterii reciproce a hotărârilor cu sancţiuni pecuniare

Author(s): Pavel Palcu,Adina Moisa / Language(s): Romanian Issue: I/2013

The freedom of movement allows public access across Europe and companies to carry out smoothly. So new difficulties have appeared in the application of sanctions against those who are not residents of the states in which the offense. EU Council Framework Decision 2005/214 JAI on the application of the principle of mutual recognition to financial penalty implemented in Romania by Law no. 758/2008 has amended Law no. 302/2004 and covers both criminal offenses and administrative violations including violation of traffic rules, health and safety. In the context of the Framework Decision, the penalty or the penalty to be imposed by a final judgment. No matter if the decision is taken by a judicial or administrative authority, subject only to Article 6 of the ECHR in that it must be possible to appeal against the decision in court. Enforcement will take place without further ado, unless they are raised grounds for non-recognition.

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Eforturile Uniunii Europene de a reglementa pieţele financiare ale statelor membre

Author(s): Ana Gabriela Atanasiu / Language(s): Romanian Issue: I/2013

The current EU legislative framework is based on minimum harmonization and mutual recognition. More so, because of the sensitivity of the field of the financial markets – the trigger of the crisis of 2008 – the member states are reluctant to give to the EU the power to regulate with regulations instead of directives.The most important measure, the act that had deep implications in the entire financial sector was the MiFID directive. But the implementation of this measure was very difficult and resulted in a continuous struggle of the Commission with the member states for the complete implementation of the measures taken at EU level in the financial services field. The term”subsidiarity” is often the main excuse invoked by the member states to oppose the desire of the EU governing bodies to deeply regulate the financial markets. As a result the intervention of the EU so far is made through the way of directives, not regulations, thus giving some space to the member states.Subsidiarity means that what can be achieved at a lower level of competence must not be realised at a higher level.The European subsidiarity is a term often defined in connection to the notions of Proportionality and Necessity. Any action by the EU should not go beyond what is necessary to achieve the objectives of the Treaty. The novelty brought by Lisbon is the Protocol on the application of the principles of subsidiarity and proportionality.

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Criterii de stabilire a competenţei materiale de soluţionare a instanţei în cauzele care au ca obiect accesarea şi utilizarea finanţării nerambursabile din partea Uniunii Europene

Author(s): Silviu Alexandru Lăzărescu Simion / Language(s): Romanian Issue: I/2013

With the entry into force of Law 76/2012, Law 554/2004 have been supplemented by a new regulatory provision aimed at establishing jurisdiction to resolve the merits of applications for administrative acts issued by central authorities dealing with the amounts representing finance grant from the European Union, regardless of their value, the exclusive prerogative of the Department of administrative and fiscal Courts of Appeal.

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Responsabilitatea operatorilor în materia siguranţei produselor alimentare, între norme tehnice şi norme juridice: sistemul HACCP

Author(s): Maria Carolina Niţă / Language(s): Romanian Issue: I/2013

HACCP is an acronym for “Hazard Analysis and Critical Control Points”. The HACCP is a valuable method of approaching the food quality, technically, is the most efficient mean of guarantying the food safety. This system represents a preventative mean of control for food safety which shifts the center of gravity from the control of “the end of the line” towards a preventative pro-active method of controlling the potential hazards, which works under the motto: “Do everything right the first time in order to always have a safe consuming product.”

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Scurta analiză asupra legislaţiei farmaceutice din unele state membre UE

Author(s): Cristina-Luiza Eremia / Language(s): Romanian Issue: I/2013

This article makes a theoretical analysis of different health systems in Europe, in order to draw conclusions about the advantages and disadvantages of each system. The mechanisms by means of which funds are generated and allocated in the European health systems are extremely complex and vary from one country to another. In all the European countries governments are involved un the financing of healthcare; most member states use a mixed system between the contributions to social security and direct governmental financing of health. With respect to private insurances, they represent rather a supplement than a substitute of the main health system. Charter of European Pharmacy pleads for the ethical model of pharmacies open circuit and is a document model for both EU Member States and the candidate countries.

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Incursiune în sistemul românesc şi european. Deontologia funcţiei publice

Author(s): PAULINA DINA / Language(s): Romanian Issue: I/2013

Deontology, through its specific object of research lies at the boundary between law and morality. It represents a set of rules outlining a certain professional or private behaviour. Some of these rules are established in terms of legal intervention and may be imposed by the coercive force of the state; others are only sanctioned by public opinion, following the ethical category. Deontology can be considered a bridge between legal sciences (law) and ethics and it can be examined from two perspectives: that of the regulations issued under the "principle of legality" in conjunction with the morals. The second aspect refers to the fact that it represents "all the legal and moral standards related to the public office as an intrinsic of public service objectively stated by the society at a time, in order to improve public service by those called to act as public officers. To get the best combination of hierarchical structure and administrative capacity with management effectiveness and efficiency and the ability to deliver results and performance, it is necessary to reform the public administration including all aspects of state organization. Thus, in the government’s reality, not everything that is legal is also ethical. Whether we like it or not, civil servants are working with certain legal rules that are not necessarily ethical as a general criterion.

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Common Law şi Equity - apariţia şi dezvoltarea sistemului de drept anglo-saxon

Author(s): Anemari OPRIŢOIU / Language(s): Romanian Issue: I/2013

The Anglo-Saxon law system is one of the most widely known and widespread law systems in the world, together with the Romanian-German law system. Although the emergence and evolution of this system of law has been concomitant with the immediate proximity of the European law system, the two systems have totally different ways of approaching what is meant by understanding and administering justice. The Anglo-Saxon system of law is primarily a dualist system, having a single dichotomy, namely that between common law and equity, as opposed to Roman-Germanic law, which has several divisions on branches of law according to logical and rational schemes. , the most important and known of these being that between private and public law. This paper intends to make an inroad into the history of the Anglo-Saxon law system, as this system can only be explained and analyzed from a historical perspective, the Anglo-Saxon law being stubbornly related to its history.

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The European Union and the Arctic

Author(s): Marta Sobrido / Language(s): English Issue: II/2014

The importance of the Arctic is growing in a double sense: concern (climate change; effects of a growing exploitation) and opportunities (resources, navigation, tourism, research). The European Union (EU) law applies in Arctic territory. First of all because the EU has territories in the Arctic region: Arctic territories of Finland and Sweden. But it also applies in the Arctic territories of Iceland and Norway via the European Economic Area (EEA) Agreement. Since 2008 the EU has an Arctic policy, and in recent years has strived to strengthen its presence as a major player in the Arctic region. But the EU encounters two barriers to be recognized as a partner in the governance of Arctic issues. On one hand, its status as an international organisation prevents it from being a member of the Arctic Council, the main Arctic forum. Several EU states are members of the Arctic Council, but the EU itself can only aspire to be admitted as Observer. On the other hand, the EU does not have Arctic waters and much of the value of the Arctic lies in the sea (natural resources, navigation). Within eight Arctic states, the core is composed of the self-proclaimed five Arctic coastal states: Sweden and Finland are –along with Iceland- the three being excluded.The EU can use different strategies to strengthen its position in Arctic governance: as a regional actor, and as a global actor. The possibilities are different depending on the field (environment, fishing, navigation, indigenous people, etc.).

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Dialogul social în Uniunea Europeană: concept și forme de concretizare

Author(s): Nicolae Voiculescu / Language(s): Romanian Issue: II/2014

The article presents the importance social dialogue in the construction of the European Union, and how it resulted in interbranch agreements and European regulations. The author reviews the fundamental documents that recognize the social dialogue as a basic component of the social partners. In particular, the Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community is presented

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THE EU COMMISSION'S PROPOSAL TO REVISE THE BRUSSELS IIa REGULATION: SHORTCOMINGS OF THE “OVERRIDING RULE”

Author(s): Sanja Marjanović / Language(s): English Issue: 3/2019

As the procedure for the revision of the Brussels IIa Regulation is currently pending in the European Union, this paper focuses on the two issues which are correlated through the so-called “overriding rule” mechanism. The first problem concerns the proceeding on the return of the wrongfully removed or retained child involving two EU Member States – the State of refuge and the State where the child was habitually resident immediately before the abduction. The second one tackles the proceeding, currently regulated in the Brussels IIa, on the rights of custody (parental responsibility) when the return of the child was refused in the EU State on the grounds of Art. 13 of the Hague Child Abduction Convention. The proposals for the revision of the Brussels IIa Regulation heavily involve these issues. In that respect, the author indicates certain shortcomings and inconsistencies of the amendments proposed by the European Commission in the Proposal to Revise the Brussels IIa Regulation (2016) and the latest compromise solutions suggested by the Presidency to the Council in the General Approach to the Recast of Brussels IIa (2018). At the same time, the paper suggests two possible ways in which the balance between the principle of mutual trust between the EU Member States and the principle of the child's best interest could be better balanced. From the perspective of Private International Law of the Republic of Serbia, the revision of the Brussels IIa Regulation is important in view of Serbia’s candidate status for EU membership and the need to keep an eye on changes to the secondary EU legislation.

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