We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
The public sector, represented mainly by public enterprises, is important because it provides the link between the private and public interests. The state support for public enterprises and trade monopolies may create discrimination between them and private companies. Because of the importance of this issue, it has been regulated at Community level.
More...
Taking into consideration the impending entry into force of the new Criminal Code, we have thought the analysis of the material element of the offense of injury to the fetus to be necessary because the Criminal Code in force does not contain a similar regulation, whose passive subject to be the fetus. Because we do not have rules of the Court in this field yet we have tried to give possible examples in order to explain the theoretical aspects presented in the study.
More...
The new Civil Code has come to meet the diversification and complexity of social relationships, the growing interference between economic and social life in Romania and the one in Europe and in the world and not least the connection in a greater extent of the Romanian law to the European law. The issues which could occur, given precisely such interconnection with the European law, are those which give rise to issues of civil law enforcement in space, especially when the question would be the application of the Romanian civil law or the foreign civil law, and one of the typical situations in this respect is the law governing parental authority when spouses have different nationalities and misunderstandings arise between them regarding parental authority. Our analysis starts from a hypothetical case, but which may occur in fact, namely the intention of the parent in whose favour was handed down the custody ruling concerning the child, to move in another state together with the child, without having the agreement of the other parent in this respect.
More...
A “welfare State” is a concept of government in which the state plays a key role in the protection and promotion of the economic and social well-being of its citizens. It is based on the principles of equality of opportunity, equitable distribution of wealth, and public responsibility for those unable to avail themselves of the minimal provisions for a good life. The general term may cover a variety of forms of economic and social organization. This article examines the concept of welfare state in the context of legislation adopted in recent years in Portugal that wants to "provide greater flexibility" of the labour market. This article discusses the crisis and the future of the Social State that is also, according to my view, an act of citizenship, a way of expressing our concern with the actual status of the welfare State.
More...
The European Union is today managed by the Lisbon Treaty, which stated, in his time, and rightly so, that is a step towards European integration, both at the institutional and human level, a treaty that succeed, despite difficulties, to move forward the European project that combined his account about half a century. The changes introduced by the Lisbon Treaty have a significant impact on EU governance. Treaty of Lisbon makes substantial changes in the management of the EU, especially with regard to the European Council, the Council of Ministers and the EU's rotating presidency. The main task of the research in this paper is the approach of the provisions of the EU Reform Treaty (Lisbon Treaty) in terms of constitutional law. Research conducted prior to permit formulation of a general belief, namely that common European history of all its successes and difficulties demonstrates the viability of the European idea and the correct direction of institutional developments in the EU and the Member States.
More...
The article presents parallel legislation in Romania and Republic of Moldova, in the matter of Limited Liability Company (LLC) Ltd, aiming to extract similarities and differences to draw reliable conclusions regarding the advantages of setting up this type of company in the two countries.
More...
The gratuitous right of use is regulated by the new Civil Code as one of the rights corresponding to the public property. The paper aims to analyse this right in the context of the current legislation, in view of the beneficiaries, the content and the juridical characteristics, as well as the legal limits of the gratuitous right of use. There are identified the categories of legal persons who can exercise the gratuitous right of use and the conditions which should be fulfilled in order to exercise it. The rules of the new Civil Code are written in relation with special legislation in force, as well as from a historical perspective. Finally, there are analysed the aspects regarding the way in which this right should be exercised and protected. The right of gratuitous use, located at the intersection between civil law and administrative law, raises interesting practical problems, and also problems related to the interpretation of legal rules, which the present study is aiming to put into light.
More...
Unlike the former regulation in the matter, established by Decree no. 167/1958, which gave the value of public order to the statute of limitations, the new Civil Code re-qualifies the institution of the statute of limitations and treats it, in terms of civil proceedings, as value accessible to the convention or conventional clause established by agreement of the parties, which may derogate from law within certain limits.
More...
The new civil procedure Code, perfecting the monistic concept started by the new civil Code, brings significant changes in the matter of forced sale of real estate as well, but, unfortunately, without such rules offering clear vision and precision, therefore lacking “the quality of law” , as the European litigation court has laid down this principle many times in the judgments against Romania. In the light of the new civil procedure Code, this study intends to perform a logical and systematic analysis of a fundamental institution in the matter of forced sale of real estate, in the context in which the new regulatory framework does not provide clear and predictable rules in this matter, and it also does not state clearly the steps to be taken for starting the procedure of forced sale of real estate.
More...
Statute of limitations consists in extinction of a material right to action that has not been exercised within the period of limitation prescribed by law. It follows that the constituent, essential element of prescription is a time limit within which the holder of a civil subjective right (violated, ignored, contested) must exercise the right of action by which it is defended that as subjective. To start statute of limitations, the law-maker has acted in two ways: he fixed two alternative moments when entitlement to action and set out the general rule, special situations where the prescription right of action to start flowing at a certain time, expressly provided or, where circumstances can be easily determined by the parties and in case of dispute by the court.
More...
The involvement of the court in the enforcement procedure has as goal the ensurance of the legality principle in the carrying out of justice and represents as well a guarantee in the accomplishment of rights and execution of duties by the participants to the trial and third parties. In its quality of specific subject, the court has attributions of its own, indispensable for the ensuring of an effective and equitable enforcement procedure. In this sense, the efficiency and value of the judgments of a court cannot be reduced only to its legality and rationality, its final goal being the material accomplishment of the rights acquired on the basis of the enforceable title. Consequently, we can outline, the envolvement of the court as a determining subject in the
More...
The procedure of issue and distribution of amounts obtained through forced execution is the last phase of indirect forced execution, and is characterized by excessive formality, which excels in particular in the distribution of the amount obtained from selling the executed goods. This procedure, with a completely different regulation from the previous one, supposes going through eight stages, six of which are mandatory, and the lawmaker has established that the distribution of the amount is required in all situations, no matter whether the claims and costs of execution are covered or not, therefore the choice of this solution unduly delays the completion of forced execution.
More...
Once the new civil procedure Code became effective, the civil proceedings, both in the phase of trial and forced execution, were reconfigured, and the new texts arouse immediate interest for the legal world by the legislative establishment of jurisprudential solutions, by enacting new institutions in consistency with the new social reality or just by changing them in order to ensure a fair trial and the resolution of cases within a reasonable time. In this respect, in the matter of forced execution, one of the new solutions proposed by the lawmaker is the limitation of forced execution, an institution which was required to be expressly provided, considering that, not rarely, the bailiff, upon the request of the creditor, started forced execution on several goods belonging to the debtor, goods whose value exceeded excessively the amount of the claim to which the debtor was forced by enforceable title. In this respect, the lawmaker expressly provided for the possibility for the debtor to request the enforcement court to limit forced execution to those goods whose value is sufficient to satisfy the creditor’s claim.
More...
The bailiff is an indispensable participant in forced execution and, also, an important partner of justice, considering the special role it plays in civil proceedings, as well as the consequences of its activity. However, in addition to this important and main role of the bailiff in the civil proceedings mechanism, art. 1 par. (1) of Law no. 188/2000, art. 1 of the Regulation for implementing Law no. 188/2000, as well as art. 13 par. (2) of the Bylaws of the National Union of Bailiffs and the profession of bailiff stipulate that bailiffs also fulfil other duties assigned to them by law. The duties of bailiffs are regulated mainly by art. 7 of Law no. 188/2000 on bailiffs, as republished.
More...
“Why did you decide to work with Roma?” This is a question that I perennially get asked by groups of Romani activists in Europe. Though the question has at times been formulated differently, however the essence has remained the same. Why Roma?
More...
Lead poisoning in three camps for internally displaced Roma in Kosovo; Witnesses: details of their flight from Kosovo and their attempts to find refuge in several countries of Europe.
More...
This article discusses the legal merits and practical feasibility of advocating for a crimes against humanity prosecution at the International Criminal Tribunal for the Former Yugoslavia (ICTY), the first international war crimes Tribunal since Nuremberg, in response to violence against Roma in Kosovo. The author argues that the ICTY Office of the Prosecutor could find sufficient evidence to indict former members of the Kosovo Liberation Army for crimes against humanity based on violence committed against Roma in 1998 and the summer of 1999.
More...
