‘The Evolving Interrelationships between National Constitutions, the ECHR and EU Law’

Author(s): Giuseppe Martinico / Language(s): English Issue: II/2014

Studying the evolving relationship between National Constitutions, the European Convention of Human Rights (ECHR) and European Union (EU) law in a few pages is almost impossible without adopting a clear perspective of analysis. In this paper I am going to approach this broad subject as follows: I shall investigate how EU law has given national judges arguments to reconsider the force of the ECHR in the domestic legal order.

Etichetarea produselor alimentare în lumina reglementărilor dreptului Uniunii Europene

Author(s): Petruţa-Elena Ispas / Language(s): Romanian Issue: II/2014

In the EU, the issue of food products labeling generated wide debates in the legal specialty literature and numerous cases pending before the European courts. The adoption of the Regulation no. 1169/2011 of the European Parliament and Council is a new EU law concerning costumer informing about food products. The adoption of this legislative instrument law was necessary due to the fact that the European Union rules on food labeling applicable to all food products were provided by the Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the Member States laws relating to the labeling and presentation of food products and their publication. Most of the provisions laid down in that Directive date back to 1978 and therefore, to update them has become important. In this study, we will attempt a comparative analysis of the Regulation 1169/2011 and of the Directive no. 2000/13/EC, while capturing other practical aspects that we consider relevant in this matter.

The Declining Role of Institutions in the European Integration Process

Author(s): Jose Manuel Sobrino Heredia / Language(s): English Issue: II/2014

The European Union has already crossed the border of its sixty-year history, but it does so mired both in uncertainty about its future and the condition of a certain disaffection or indifference on the part of its citizens. The causes of this situation are discussed in this paper, paying special attention to the phenomenon of the loss of institutional density in the process of European integration. In this author’s view this situation is a result of an erroneous policy of expanding the EU without deepening its integration. This policy and the weakening of the European institutions are also carrying the withdrawal of the European Latin countries from the heart of Europe.

Alegerile pentru Parlamentul European în contextul crizei din Ucraina

Author(s): Gabriel-Liviu Ispas / Language(s): Romanian Issue: II/2014

Europe faces a problem of territorial succession as it has not existed since the end of the Second World War. Crimean annexation to Russia, an act unrecognized by the international community, the struggles between the Ukrainian army and the pro-Russian groups in the East of the state are sensitive events that overlap the European electoral period. The toughest confrontation between socialists and populists is taking place in this context, and the deaf battle for power in Brussels makes the European community to be rather elusive and cautious in addressing the Ukrainian theme. In the present paper I will present the current political context, the organization of the elections, their importance in the light of the new attributions of the Parliament, as well as the elements of novelty and forecasts regarding the end of the electoral campaign.

Perspective europene privind îmbunǎtǎţirea educaţiei și a formǎrii profesionale a personalului didactic

Author(s): Andreea Rîpeanu / Language(s): Romanian Issue: II/2014

Nowadays, being a teacher in a European education and vocational training sector is a true challenge. In this context, vocational training is a process determined by the evolution of the society, by the development of science and technology. It is an important prerequisite toward the specialization of the teaching career.

Cadrul legislativ european în domeniul obligaţiei bugetare

Author(s): Aurelia Herling / Language(s): Romanian Issue: II/2014

The overall objective of the EC Treaty, in tax matters, is expressed in Article 23, and consists in the elimination of customs duties and any other measures having equivalent effect between Member States as well as to “ensure non-distortion of competition within the common market”. The European Commission has presented the strategy on the future of tax policy in the European Union. Through this strategy, tax policy will be in line with the general objectives of EU policy, such as the target set by the Lisbon European Council of making the European Union economy is the most competitive in the world. Coordination of taxation could help Member States that this goal will be achieved, in particular the harmonization of legislation on VAT and excise duties. The Commission intends to pay more attention to issues relating to taxation faced by citizens and businesses operating within the Community. Regarding Member States where national tax rules and procedures against the objectives of the EC Treaty, the Commission intends to be more active and to propose recommendations for legislative action and cooperation.

Despre garanţia dreptului la apărare în condiţiile funcţionării Parchetului European

Author(s): Pavel Palcu / Language(s): Romanian Issue: II/2014

Both in the European Union and in European doctrine was widely discussed the ratione materiae of the future European Public Prosecutor. In terms of the Lisbon Treaty its jurisdincion is limited to crimes that threaten the Union's financial interests, but at the same time the Council of Europe may extend this competence by unanimous decision and other serious offenses. European Public Prosecutor is now one of the main objectives of the European Union and is one of the priorities of the common space of freedom, security and justice for the next five years. Still looking for ways and methods useful for the implementation of these goals, but two conditions must be met: it must be a useful institution, well embedded in EU institutions and must be based on our national legal traditions that have proven their relevance. Finally, it gives a substantial importance to defense lawyers and rights in various stages of the procedure, both in the contentious matter of freedom and during the performance of an adversarial procedure.

Implementarea în statele membre ale Uniunii Europene a Deciziei cadru 2005/2014/JAI privind sancţiunile pecuniare

Author(s): Pavel Palcu,Monica-Adriana Palcu / Language(s): Romanian Issue: II/2014

Freedom of movement allows citizens access across Europe and companies to carry out activities without difficulties. Thus, new difficulties have been created in the application of sanctions against those who are not residents of states in which the offense has been committed. EU Council Framework Decision 2005/214 JHA on the application of the principle of mutual recognition of 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 financial penalty has 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 of the decision will take place without further ado, unless there are raised grounds for non-recognition.

Tribunalul de primă instanță

Author(s): Georgeta Modiga / Language(s): Romanian Issue: II/2014

Creating the Court of First Instance was determined objectively by many causes or reasons. Thus, the establishment of the Court of Justice, the number of shares continuously increased and extended duration of the procedures, with negative effects on demands for speed solving states for the uniform interpretation of Community law and to clarify the actions and positions of the parties to justice. European judicial system equipment is required by a body to judge actions that require deep examination of complex factual situations , thus instituting a second court to improve protection of litigants and creating the conditions necessary for the Court to focus on essential work , namely to ensure a uniform interpretation of Community law.Initially, proposals for the establishment of the two Community courts had no chance of success because of the controversy over the main character in judicial or administrative principal thereof. Only in 1985, the Single European Act, art. 11, which introduced the art. 168 EC Treaty , it was decided to request the Court of Justice and after consulting the Commission and the European Parliament , the Council, acting unanimously , to the Court of Justice is a court of first instance, which is to transfer skills examine and decide in the first instance on certain categories of actions and proceedings brought by natural and legal persons subject to a right of appeal to the Court of justice on points of law only and in accordance with the conditions set out in the statute . Council was entitled to determine the composition of that court and determine necessary adjustments and additional provisions to the Statute of the Court of Justice. Consequently, by Decision no. 88/591 of 24 October 1988 Council was established Court of First Instance of the European Communities, with the competent and determined. In a first stage, the Court was instructed to judge especially contentious in the field of competition law.

Cooperarea judiciară în materie civilă în Uniunea Europeană

Author(s): Georgeta Modiga / Language(s): Romanian Issue: II/2014

Harmonization of legal systems within the EU is a subject that has spawned and continually provokes divergent. Attempts to reach a codification of European civil law and civil procedure had hitherto negative results. Storm Commission , semi-official body set up by the European Parliament to harmonize civil procedure and developing a European Judicial Code concluded that the differences between the legal systems of the Member States " are so ingrained in their culture legal harmonization that are practically unfeasible solution " . Beyond the types of EU legal instruments that would have been adopted were raised questions about the values and attitudes that are the glue of a judicial system and that cause and the place it has in society as a system. In civil law, of legal harmonization, the European Parliament is quoted as being the most ardent promoter of a European code, due to its resolutions of 1989 and 1994, but now has become more patient.

Politica comercială comună a Uniunii Europene

Author(s): Laura Magdalena Trocan,Ina Raluca Tomescu / Language(s): Romanian Issue: II/2014

In order to achieve a more effective accomplishment of the purposes for which the European Union was established, the Community institutions have developed a number of common policies on trade, transport, agriculture, fishing, environmental protection, etc. that can be applied across all Member States. Trade was one of the first areas in which the Governments of the Member States of the European Union today have identified potential benefits for common activities and, as a consequence, abolished by the Treaty of Rome (1957) all tariff barriers among members and agreed that the European Union, through the European Commission, to represent them in international trade negotiations both with different trading partners, as well as within the World Trade Organization. Currently, the European Union is the largest global trade actor, covering about 20% of world exports and imports, having an important role in the promotion of world trade. Commercial power that the European Union represents is based both on the economic forces of the Member States, and on the existence and implementation of a common commercial policy, consistent, uniform applicable in the unique internal market of the 28 Member States and expressed through a single voice internationally. Considering that the common commercial policy represents one of the deepest dimensions of the European Union activity, this article aims to present the evolution of the common commercial policy, in the context of the development of the European Union, and to analyze its contents, by reference to the provisions of the EU regulations.

Raportul dintre dreptul Uniunii Europene şi dreptul intern în cazul unor revizuiri constituţionale naţionale

Author(s): Valentin-Stelian Bădescu / Language(s): Romanian Issue: II/2014

Any modern society is characterized by an intense legislative activity, but for it to achieve its objective, namely social progress must be evidenced by a stable legal system, unified, correlated and interrelated. Moreover, the European Court of Human Rights case law has consistently held principle value the importance of ensuring accessibility and predictability of the law, including in terms of its stability. Uncertainty, whether legislative, administrative or related to the practices followed by the authorities is an important factor that the Strasbourg Court has in view when assessing the conduct of states in terms of the principles stated in the European Convention of Human Rights, as outlined by the when it is a matter of public interest, public authorities are obliged to react in time , correctly and with the greatest consistency.

Grupul european de interes economic. Domeniile de aplicare a Regulamentului nr. 2137/1985 și dreptului național

Author(s): Carmen-Nicoleta Bărbieru / Language(s): Romanian Issue: II/2014

The article examines the legal regime of the European Economic Interest Grouping from the perspective of delimitation of the fields of application of the Regulation no. 2137/1985 and the national law. Created in order to overcome the legal, fiscal and psychological barriers of cross-border cooperation, the European Economic Interest Grouping has been regulated by the European legislator through a norm to ensure unity and uniformity to the European law, namely, the regulation. Certain aspects regarding the Economic Interest Grouping, however, were left to be governed by the national legislation of the Member States of the European Union, the European legislator’s intention being to give more freedom and flexibility on the internal functioning of the group. To the European Economic Interest Grouping are primarily applied the mandatory provisions of the regulation, followed by the provisions of the articles of association of the group. The supplementary provisions of the regulation are applicable in the absence of the contractual ones, while those of the national law apply in cases under the regulation, the applicable national law being, as the case, of the state on the territory on which the European Economic Interest Grouping establishes its headquarters or of the member of the group, regarding its status and legal capacity. The borrowing by the regulation of some of the features of the Directive, as a consequence of giving Member States the prerogative to regulate certain aspects regarding the status of the European Economic Interest Grouping, created in practice differences regarding the regulation of this legal instrument of cross-border cooperation.

Responsabilitatea juridică a autorităţii de audit din cadrul Curţii de Conturi a României în contextul execuţiei bugetare partajate a finanţării nerambursabile din „fondurile structurale şi de investiţii europene – fondurile ESI”

Author(s): Silviu Alexandru Lăzărescu Simion,Dan - Cezar Avarvarei / Language(s): Romanian Issue: II/2014

Răspunderea juridică pentru întreruperea negocierilor în dreptul român. Tendințe de uniformizare în dreptul european și la nivel internațional

Author(s): Bazil Oglindă / Language(s): Romanian Issue: II/2014

With respect to matters related to contractual negotiations, the cultural differences between various systems of law have faded out in the European context, considering the regulations of the Principles of European Contract Law and the Draft Common Frame of Reference.Also, the legislator of the new Romanian Civil Code adopted, through Article 1183, a modern regulation as regards the contractual negotiation matters, such being inspired both by Unidroit Principles and the Principles of European Contract Law.The subject matter is of maximum novelty; it refers to the legal liability for breaking off negotiations, where the negotiations are governed by the principle of freedom, in the sense that a party is entitled to terminate the negotiations at any time and it is not held to continue those negotiations that do not correspond to its purposes, mainly its economic purposes. The matter of legal liability for breaking off negotiations presents legal subtleties and difficulties of approach, from a practical point of view in most cases.In this context, we approached the matter of negotiations principles under the Romanian law, namely: the principle of freedom of negotiations and the principle of negotiations in good-faith. Further, we approached the matter of contractual liability, in the sense that this form of legal liability, as any form of civil liability, presumes the cumulative fulfilment of the following elements: the wrong, the intention, the link of causality and the prejudice. In the particular context of negotiations, these elements transpose into the existence of a collusive breaking off negotiations, which means a breaking off performed with the violation of the obligation to negotiate in good faith. In the same time, we listed several practical situations where the principle of negotiations in good faith may be violated, with a view upon the obligation to inform of the contractual partners, the obligation of counselling, the obligation of confidentiality, the obligation of probity, the obligation of loyalty, etc.The second condition of liability for breaking off negotiations refers to the existence of a prejudice incurred by the other contractual partner. In the context of Romanian regulations and the European regulations referred herein, there are some legal criteria which the legislator envisaged for exemplification purposes and which we approached both in light of the regulations and the relevant foreign case law.Also, we approached the legal nature of liability for breaking off negotiations, and, as a conclusion we mentioned the special conditions, exceptional and particular, where the legal liability of a partner which break off the the contractual negotiations unexpectedly may be held, under the Romanian law and the European law, and we delimited the categories of prejudices for which it can be held liable.

CIVIL SANCTIONS APPLICABLE TO THE UNFAIR TERMS IN CONSUMER CONTRACTS AND LEGAL PROCEDURES FOR THE ELIMINATION THEREOF, ACCORDING TO THE COURT OF JUSTICE OF THE EUROPEAN UNION CASE LAW

Author(s): Mihaela Georgiana Iliescu / Language(s): English Issue: III/2015

The Law no. 193/2000 on the unfair terms in the contracts concluded between the professionals and the consumers, transposing the Directive 93/13/EEC on unfair terms in the contracts concluded with the consumers, does not explicitly establish the civil sanction imposable to the unfair terms and, in general, its provisions on the civil sanctions that may be imposable, in case of establishing the unfairness of some contractual terms, are ambiguous. This leads to divergent doctrinal interpretations and an inconsistent practice. In this context, a summary of the solutions offered by the law case of the European Union Court of Justice in this matter, is an important landmark.

GENERAL ASPECTS OF INTERNAL AND EUROPEAN LEGISLATION CONCERNING THE PROFESSIONAL’S ACCOUNTABILITY FOR DEFECTIVE PRODUCTS

Author(s): Alexandru Mateescu / Language(s): English Issue: III/2015

After having concluded a contract, during its implementation or after having signed it, different situations of inconformity or limitation of the product or service that is offered towards commercialization may occur. In these situations, the obligation of the professional who offers this product for commercialization is that of bringing the product back to the qualitative level that is specified by the contract’s terms. In such cases, we are making reference to accountability. If we are talking about a contract which has already been signed, then we can also refer to the loss caused by a lack of conformity regarding the quality of the offered product. This way, the accountability takes the shape of a civil responsibility.In what accountability is concerned, regardless of its form, we must take into account the right and obligations included in the contract. Based on accountability, the responsible person has the duty of repair the prejudice that was made through the breach of the contract.

REGULATION (EC) NO. 593/2008 (ROME I) SPECIAL RULES TO DETERMINE APPLICABLE LAW TO INTERNATIONAL CARRIAGE CONTRACTS

Author(s): Maria Carolina Niţă / Language(s): English Issue: III/2015

Contracts of carriage acquire an international dimension when concluded between natural or legal persons who have ordinary residence or domicile in different states. The international character generates conflict of laws and raises the question which of the laws of the states in attendance will govern relations between the parties. From this perspective, identifying uniform criteria for determining the law governing such contracts present a real interest, resulted in the European Union level by adopting simple and uniform solutions. Uniform rules of conflict in the field of international carriage contracts are found originally regulated under the Rome Convention on the law governing contractual obligations in 1980, later replaced by Regulation (EC) No. 593/2008, which makes some substantial changes in both systematic plan and at content level. The new architecture of rules applicable to carriage matter regards the particularity that is tailored to the unique characteristics of this type of contract, which by its “dynamic” does not allow establishment of a close connection with the contract only within a particular state, and at the same time, provides an appropriate framework for the protection of passengers considered as a weaker part of the legal relationship, in international passenger carriage contracts.

THE DISCIPLINARY LIABILITY OF EMPLOYEES IN THE FRENCH LAW SYSTEM

Author(s): Andra Nicoleta Puran / Language(s): English Issue: III/2015

The present paper is part of a series of articles dedicated to the analysis of this legal institution in the national legislation, but also within certain states of the European Union, to emphasize the legislative evolution of this community, but also to emphasize the possible connections with the national law, also offering solutions for the Romanian legislative gaps. The study performs an analysis of all aspects concerning the disciplinary liability, starting from the analysis of the notion of disciplinary deviation, the sanctions applicable, but also the procedure to be followed for the legal enforcement of the disciplinary sanctions.

REVOCATION OF REGISTRATION – EUROPEAN MEANS OF PROTECTING TRADEMARKS

Author(s): Toma-Cosmin Cojanu / Language(s): English Issue: III/2015

The rights of the proprietor of a trademark can be revoked in the following cases: in the absence of genuine use; if, in consequence of the acts of the proprietor, the trade mark has become the common name for a product or service in respect of which it is registered and the proprietor has not taken sufficient measures to prevent this; if, in consequence of the use made of it by the proprietor, a trade mark has become misleading as to the nature, quality or geographical origin of the goods and services for which it is registered.