Union of Jurist of Romania (Books and Journals)
- Union of Jurist of Romania Law Review From No. 1-2011, January 2011 to No. X Special Issue II, December 2019 Union of Jurist of Romania, 2011
- The Lisbon treaty and the risks of noncoordination of economic policies in the E.U.
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Regulation (eu) no. 2015/848 - A means of streamlining insolvency proceedings concerning a debtor whose center of main interests is located within the european union
This article aims at presenting the relevant news brought by the Regulation (EU) 2015/848 of 20 May 2015 on insolvency proceedings 1 , which entered into force on June 26, 2017, thereby repealing Regulation (EC) no. 1346/2002 of May 29, 2000 on insolvency proceedings2. Through the new regulation, the legislator of the European Union has pursued a reform of the previous regulations, which...
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Criminological landmarks for explaining causes of crime
The issue of crime stands out to a level ever more debated in the area of current social context. Studying crime involves studying criminals, these two being inextricably linked. We are committed to study the criminal as an individual, so it is impossible to completely cleave the image of the individual from the social picture which is attached to and which marks his existence and evolution. The...
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The possibility of a common european land registry within the current legal framework
The purpose of this paper is to explore the possibility of implementing a common European Land Registry from a legal point of view. Although the European Union has yet to succeed in implementing a sole land registry, it has made clear and certain steps in this direction. Through platforms like EULIS or common vision agreements signed with associations like ELRA, the European Union is working...
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About vacant inheritance
An inheritance is considered to be vacant when there are no legal or testamentary heirs or, in case such heirs exist, they are not entitled to inherit the entire successor mass. Vacant inheritances become the property of the village or county where the goods are located at the time of the inheritance and become part of the county’s private property. The procedure by which an inheritance becomes...
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Brief analysis of the european union's directives in the area of water protection and the level of their national implementation
The present study starts from the fact that, at present, the water pollution is a real problem and the efforts unfolded for its prevention or for the removal of its negative effects when it occurred, must be supported, continuous requiring both a regional and an international cooperation. The action performed by the European Union in the area of water protection are reflected in different...
- Brief considerations as to the joint exercise of parental authority after divorce
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European citizens' initiative: new rules, new trend?
This article will focus on the European citizens' Initiatives (ECIs) reform which will enter into force on 1 January 2019. Starting with an analysis of EU legal sources, this article will first highlight the rising interest in the most prominent participatory democratic instrument at the EU level; in a second step, it will present the actual outcomes of ECIs launched so far, highlighting some...
- The dispute over invoking abusive clauses inserated in banking contracts in the trial of a contestation of the execution - alignment to european trends in the matter
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Dynamics and tools of ?upward convergence' in the eu social policy: assessing the european states' performance under the european pillar of social rights
The present article proposes an analysis of the various ‘facets’ of convergence with a special focus on the concept of ‘upward convergence’ which was set in place to ensure a better coordination of the EU and its members in the field of social policy. Ensuring a stronger socioeconomic convergence to achieve better living standards for the European citizens and reduce inequalities, particularly...
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About the res judicata authority of the reorganization plan and/or of the measures taken by the judiciary administrator or liquidator within the frame of the insolvency procedure
This paper examines the legal force of various procedural acts delivered within the frame of the insolvency procedure as regulated by Law 85/2014. The study aims to assert the res judicata effects of the syndic judge judgments and to find out if the related procedural acts approved or scrutinized by the syndic judge or issued by the insolvency administrator or liquidator during the insolvency...
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International protection in the european union
This paper concentrates on a few aspects regarding the issues that arose after the massive waves of immigrants' who are in Europe. In this context, the purpose of the paper is to offer a perspective about what is international protection and asks the question: what rights do persons who may be in need of international protection have? It is obvious that the people in need of international...
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The right to good administration - is the constitutional regulation necessary?
The constitutional revision from 2003 enriched the patrimony of the fundamental rights and freedoms of Romanian citizens with three such rights and freedoms: the right to a healthy environment, economic freedom and access to culture. More than 16 years after this revision, but also as a member state of the European Union, we consider as an opportunity and necessity, at the same time, a new...
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Oscillating between different types of public contracts regarding the construction of a highway
The article underlines the difficulties that the public authorities have in choosing the most suitable public contract for the construction of a highway, starting from the identification of the applicable legislation in this matter, both at European and national level. The analysis of examples of good practice in such constructions is also necessary, by evaluating some public contracts already...
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Aspects of personal data processing by romanian civil courts acting in their judicial capacity
Although the data protection supervisory authorities are not competent to supervise processing operations of courts when acting in their judicial capacity, the General Data Protection Regulation also applies to the activities of courts and other judicial authorities which must ensure compliance with the rules of this regulation. Therefore this paper aims to explore the processing performed by...
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General aspects on academic ethics
The academic field is one that raises many ethical challenges and needs a different approach in this regard. Being an activity field with many particularities, with diversified human relations, with the involvement of a large number of people and with often divergent interests between them, the academic field needs an ethical approach. To better understand the concept of ethics, one should start...
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Jurisprudence in ancient rome
Among the formal sources of law, jurisprudence occupies a central position, as, by its form and content, it brought expression to a system of law which would become the fundament of law in posthumous ages, thus creating a treasure of ancient civilizations in regard to universal cultural and scientific patrimony. Initially, jurisprudence was achieved by empirical means, by the so-called case...
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Brief theoretical and practical considerations concerning crimes against life. Possibility of coexistence of manslaughter and homicide with regard to the same victim
This article intends to carry out an analysis of the practice of Prosecutor's Offices to order the prosecution regarding certain defendants for having committed manslaughter, in the context in which investigations were carried out in terms of homicide committed by another person, with regard to the same victim. Thus, assuming that the crime perpetrator cannot be held criminally liable or is not...
- Aspects regarding the criminalization and investigation of the offences related to terrorist activities in romanian legislation
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Short considerations on the scope of the right to a fair trial provided by art. 6 Of the echr - the concept of 'criminal charge
The concept of "criminal charge" referred to in the text of article 6 of the European Convention on Human Rights has an autonomous meaning in the conventional protection system, which must be analysed in the light of the principles developed in this matter in the case law of the Strasbourg Court. The purpose of this article, after examining the relevant case law and doctrine, is to highlight the...
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The margin of appreciation recognized for the signatory states of the european convention on human rights in the field of medically assisted human reproduction
The following study focuses on a subject that is facing an obvious dynamic, correlated with the latest progress of medical sciences-that of medically assisted human reproduction. The option for analysing such a theme lies in the fact that it continues to generate issues not only of legal nature, but also ethical and moral ones, extremely delicate, having significant consequences in matters of...
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The defendant's right to remain silent and not incriminate himself according to the criminal procedure code. The respect of the provisions of article 6 of the european convention on human rights
A defendant's right to remain silent regarding the actions for which he is prosecuted and to not contribute to his own incrimination represent essential aspects of an equitable criminal procedure law. The article aims to discuss the extent to which the provisions of the Criminal Procedure Code are violated, as well as the provisions of the European Convention on Human Rights in this matter. Based
- Trends regarding fines and sanctions in competition law, labor law and data protection law
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Considerations regarding the deprivation of liberty of juveniles in criminal matters, in light of national and international regulations
This article aims to identify the international legal framework, especially the European one, as well as the national framework regarding the deprivation of liberty of juveniles in criminal procedure proceedings, starting from the correct implementation of the principles that concern the interest of this category of persons and continuing with the situations in which it can be disposed, as well...
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Short considerations on the un World Happiness Report (2018) and Migration
The phenomenon of globalization, identification and implementing of practical solutions for sustainable development, environmental security, and human development as a whole has also led to a strengthening of the right to happiness. The emergence of the World Happiness Report, as a reference survey of the state of global happiness, shows that happiness does not have the same content and the same...
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The rights to education, a strategic priority of the 70th anniversary of the Universal Declaration of Human Rights
This article aims to be an incurs on the evolution and affirmation of the right to education in the human rights system, in order to offer suggestions on collective hope of transforming the world and providing a better future for the next generations. Such a manifestation is achievable by a political will, the creator of an equalitarian model, to redistribute utopian visions of human freedoms....
- EU ETD: Towards a New Chapter in EU Citizens' Rights and a Better Administrative Cooperation
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European Public Prosecutor?s Office - A New Beginning?
The adoption of the Council Regulation 2017/1939 (entered into force on 20 November 2017) implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office‘ (the EPPO) is a turning point in the development of the European Union as an Area of Freedom, Security and Justice, by setting - up of the first european investigating and prosecuting authority. The structure...
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The Concept of a ?Lawyer' as an Autonomous Concept of European Union Law and the Conditions of Representation before the Union Courts From the Perspective of the Principle of Effective Judicial Protection
The paper aims to analyze the extent to which the European Union's procedural rules regarding the representation of individuals (natural and legal persons) in direct actions before the courts of the Union, as they have been interpreted in European case law, respect the substance of the right of access to a court established in Article 47, first paragraph, of the Charter of Fundamental Rights of...
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Local Governments in the System of Separation of Powers. The Executive Function in the Field of Local Public Affairs
The paper is focused on the principle of separation of powers, especially examined the role of local self-governments in the system of division of powers. It gives a brief description on the dogmatic approach of the principle of powers based on the concept of Montesquieu, and Benjamin Constant who emphasised the significance of local power. The study demonstrates the effectiveness of principle of