• Tribuna Juridica

Publisher:
Juridical Tribune Journal
Publication date:
2012-01-12
ISBN:
2247-7195

Latest documents

  • Legislative inflation - an important cause of the dysfunctions existing in contemporary public administration

    The study analyzes one of the major causes of the malfunctions currently in public administration: legislative inflation. Legislative inflation (or normative excess) should be seen as an unnatural multiplication of the norms of law, with negative consequences both for the elaboration of the normative legal act, the diminution - significant in some cases - of its quality, but also with regard to the realization of the law, especially in the enforcement of the rules of law by the competent public administration entities. The study proposes solutions to overcome these legislative dysfunctions, the most important of which refer to the rethinking of the current regulatory framework, the legislative simplification, the improvement of the quality of the law-making process, especially by compl...

  • Legal philosophy of Modern Scholasticism: rights of nations as a means of intercultural dialogue

    This article investigates legal philosophy of the Second, or Modern Scholasticism. Doxographical, analytical as well as hermeneutical methods are applied. The author of the article concentrates on the list of fundamental rights of nations presented by Francisco de Vitoria including rights to existence, mutual equality and political independence; rights of international migration and trade; as well as the right and even duty of humanitarian or even military help. The article comes to conclusion that the above-mentioned list does not lose its relevance in contemporary world and society, as the rights from this list are regularly infringed. It is also asserted that, having been transferred into cultural - civilizational field, the elements of Vitoria’s list would become universal rights of...

  • Objective contentious matters in Romania and their unexplainable vulnerabilities

    The objective contentious matters should be a lethal weapon for the administrative acts challenged at the court specialised in this kind of issues, because, unlike the subjective contentious matters, they do not depend - or at least they should not depend - on the plaintiff’s (which is, by definition, a public authority) proving a subjective right or a personal legitimate interest injured by the administrative act. Relieved from this burden, the plaintiff’s task within an objective contentious matter should be easy: to come up with the proof that the case object contravenes a rightful rule with a superior legal force. In this case, the challenged act is annulled by the decision of the administrative contentious court and, as an expression of the public interest prioritising principle, i...

  • Will the Directive 2014/17/EU on mortgage credit protect consumers in the next economic and or financial crisis?

    The Directive 2014/17/EU on mortgage credit agreements for real estate properties (Mortgage Credit Directive or MCD) reflects the classic tension in the European Union (EU) between the goal of attaining a European single mortgage credit market and the obligation to provide a high level of consumer protection. The classic approach of EU law to solve the tension is to find a balance between those aims through the interaction of public/private law. The article starts with a summary of the most important choices done by the legislator (exante information duties and responsible credit) and essential consumer right. It follows with a critical assessment of the MCD. The methodology of this study is both descriptive and analytical, law is considered not only a normative system but also a set ...

  • Judicial control of administration in Kosovo

    The development of administration went through various phases after the war in Kosovo (1999). Right after the war we cannot talk about the clear administration with the local sense, since Kosovo based on the UN Security Council Resolution 1244 was put under the international civil administration. Ten years later Kosovo Parliament approved the Declaration of Independence after which the Kosovo Constitution was adopted, whose main attribute was to create the state of Kosovo. Thus, based on this, the administration in Kosovo was developed firstly as the internationally organized one; then it was locally organized supervised by the international power and finally it is being developed based on Kosovo Constitution and Kosovo Laws. With this paper author by explaining the process of administ...

  • Concept of service-oriented public policymaking in Ukrainian legislation

    Considering concept formation of service-oriented public policy, the main stages of its development are discussed and some of the modern trends of service-oriented policymaking in Ukrainian legislation are analyzed. Some features and tendencies are identified in order to improve the quality of interaction between citizens and public administration system in Ukraine. This paper aims to analyze the concept formation of service-oriented public policymaking in Ukrainian legislation and the implementation process of e-services delivery in Ukraine. In spite of significant studies of "service state", "welfare state", "service oriented public policy" and other concepts, current unique political and legislative factors of Ukrainian development determine the relevance of this paper. The primary f...

  • Quo vadis administrative law?

    The present study aims to analyze the current state of evolution of Romanian administrative law. Although the title presents itself as an interrogation, we do not want- it would be a naivety if we do- to give answers. The study focuses mainly on the following aspects: false modernity of administrative law; the "attacks" from other branches; conserving constants and defining traditional elements; the effect of Europeanisation.

  • Considerations about administrative decentralization and local autonomy in Romania

    Decentralization is not the opposite of centralization, but its diminution, diminishing the concentration of powers. By means of decentralization certain public services of local interest are transferred from the competence of the center to that of some local public administration authorities, which have independence from the central power, are autonomous and are not subordinated to it. The idea of decentralization implies the idea of local autonomy. Local autonomy means the right and effective capacity of local public administration authorities to solve and manage public affairs in the name of and in the interest of the local communities they represent, under the law. In this article we analyzed the legal means of achieving administrative decentralization and local autonomy in Romania....

  • Administering social care in the European Union: moving towards one-stop shops?

    Protection and inclusion have for long been some of the guiding principles of the European welfare states. The crisis of 2008 placed social investment high on the social policy agenda in the EU and specific policies that the new paradigm embraces have been in focus. Unfortunately, little attention is paid to administering policies. Creating one-stop shops, as a new way of easier and more efficient use of available resources for citizens, is perceived as the most suitable way for administration of specific policies. This paper is a contribution to this debate, looking at ways social policy is administered across the EU, from a double perspective. First, having social investment as the theoretical but also practical approach and second, looking at different welfare state regimes. This ap...

  • Role of social professions in the process of sustainable development of rural area. Study case

    It is already known and accepted in Romania the reality of the consequences produced by the social or other reforms, the transformations that reach precisely the category of the citizens from the rural area, with socio-economic problems. In 2017, the awareness of the fact that the population in the rural area, mainly consisting of socially, economically or medically vulnerable groups, need this type of services, trying to compensate for the reality of the dismantling of several sanitary units, O.U.G no.18 attempts an approach through the corroboration of this state of affairs with the objectives of developing community services. Our conclusions set out in this article are paving the way for de lege ferenda proposal to ensure proper regulations from the perspective of providing training ...

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