• EIRP Proceedings

Publisher:
Danubius University of Galati
Publication date:
2011-07-20
ISBN:
2069 – 9344

Description:

EIRP proceedings containing the works of the International Conference on European Integration - Realities and Perspectives, bring together all the submitted and presented contributions, providing a conclusive and accessible view to all who wish to feel the beat of research. You will have direct access to a focused group of key people working and researching in the area. The conference is international, offering to researchers the opportunity of showing their works across the world.

Latest documents

  • Equity - Connotations in the Current Romanian Legal System

    The underlying principle of the law, and a source of law - equity - has been expressly or explicitly integrated in the judicial development of law, with a view to giving a meaning to the law, for which reason it is aimed at peacefully solving or preventing the social disputes in society. Therefore, equity has a hermeneutic function, strictly for making interpretations when the legislator so allows it, it is intrinsic to the law and contains all phases of good management and enforcement of justice, being a part of all stages of the legal proceedings, from the application initiating proceeding to the actual implementation of the court decision awarded, regardless of the nature or extent of jurisdiction, and of the nature of the litigation referred for judgment. According to the requiremen...

  • Causes of Supporting. Causes of Non-Imputability. Delimitations

    The new Criminal Code adopted by Law no. 286/2009, which entered into force on 01.02.2014, introduce regulation supporting causes and causes of non - imputability, unlike the Criminal Code of 1969, as a natural result of the changes the concept offense (art. 15 NCP). Implications knowledge of this concept, which characterizes the essential features of great importance for the activity of judicial enforcement of criminal law, criminal law and for recipients who are subject to its knowledge. This paper presents an analysis of newly introduced institutions Romanian criminal law, revealing the foundation concepts, the innovations and their justification based on legislative experience, doctrine and jurisprudence of other states, and the Romanian state. Result of these experiences is introdu...

  • Tax Evasion, an Integral Part of Corruption

    State budget is considered to be the instrument of achieving social and economic objectives, with the ability to mediate its subsidies and tax incentives. Lack of funds, which are part of budget income, leads to incapacity of achieving the state duties, and this is the result of taxpayers avoiding to pay taxes. The need for delimitation between unlawful and lawful tax avoidance makes it useful to estimate the size of the phenomenon on its two forms of expression and raise awareness among political and administrative decision makers, in order to search and determine appropriate methods to limit and combat the phenomenon.

  • Succession of States in respect of Treaties

    Although the issue of regulating the succession of states was forcefully expressed especially after the Second World War, in terms of emergence of new states after the decolonization process, this institution has not lost its actuality, not even in the early 21st century. The transformations, which occur within the international society and affecting the sovereignty, generate legal consequences, regarding the succession of the successor state to the treaties of the predecessor state. We have analyzed in this paper the issue of succession of states to the international treaties related to the Vienna Convention on the Law of Treaties from 1969 and The Vienna Convention on from 1978. To the traditional framework of solving situations of state suc...

  • Short analysis of the essential elements of the typical employment contract and of its importance in maintaining it within the current social and economic context

    Nowadays, the typical individual employment contract is the main source of individual legal labor relations, but is important to find the road of this instrument in the future. It is a result of the fact that labor market dynamics should be reflected in the new meanings of rights and obligations of the parties, which cannot be covered by legal acts, with their general and impersonal character. The purpose of the legal work relationship is a special one, connected to the personality of human beings, and, as people are different, we need individual legal acts which materialize working conditions in which each of the employees provides work. Given the ongoing flexibilization of labor relations and the emergence of new types of contracts, an essential question arises. The question is whethe...

  • The Restorative Justice System - An Alternative to the Official Criminal System

    The victims? discontent regarding the retributive justice system, the failure to achieve the punishment?s goal aiming to decrease the risk to repeat the offence, the increasing role of the victim in the criminal trial, the high cost that the criminal procedures imply, the courts? overload have determined the evolution of the restorative justice ideas. Therefore, the victim received an active role in the process of solving the conflicts submitted to the court, while the offender?s role is to assume the responsibility and to repair the harm he caused. While the classic justice system is based on the idea that any felony brings harm to the state itself, the restorative justice model is based on the idea that any offence is firstly a conflict between individuals, causing damage and harm to ...

  • World Economy and World Seaborne Trade in the 2005-2013 Period

    In the period 1990-2013 the world economy has evolved increasing and decreasing with good and weak years, with mini crisis, and with a recent strong crisis, which apparently has not yet passed. World seaborne trade, inextricably linked to the global economy followed the upward and the downward trend of the global economy, but with much higher amplitudes. Comparative analysis of the evolution of the global economy and world seaborne trade during the period 2005-2013 shows a decrease in world seaborne trade in tandem with the global economy.

  • Strategic Management of Human Resources

    In the context of Romania’s integration into European structures, the modernization process of educational system constitutes a natural necessity. This scientific approach has proposed a comprehensive approach of the issue of the Community programs efficiency on highly qualified human resources as part of Romania's accession to the European structures. I want to highlight that, in the content of this work, educational system integration into European structures is presented, analyzed and treated as a complex and long process. Many countries have drawn up action plans for the dissemination of potential negative effects of "brain drain" and the valorization, at internal level, of the international experience of the co-nationals.

  • The Legal Regime of the Right to Administrate Public Property

    The traditional institutions for administrative law, public property and the public domain have been the subject of numerous specialized papers from the interwar period. After 1990, the two institutions were discussed in light of the new legislative rules. Within this article we propose to analyze, based on the distinction between the notions of public property and public domain, the legal regime of the right to administrate assets of public property. Is this a real right appropriate for public property or just a simple competence of administration and management of public domain assets? Analyzing and comparing the opinions, the arguments expressed by specialists and the current legislation in this area, we conclude that the administrative right is a real right suitable for public prope...

  • Victim's Rights - Comparative Approach within EU Legislation

    Usually is talking about offender rights and rarely about victim's rights. This study aims to analyse victim's rights especially in Romanian legislation from all points of view. Having involuntary fallen victim to crime, the person is often unaware of what information is available. It is therefore important that the onus is not put on the victim to request a certain piece of information. Victims of crimes need to have their important role in the criminal proceedings and he or she has to know about the extension of them rights. Not least, the study is focus on the right of the victim to receive information, not to be made responsible for the practicalities surrounding its delivery.

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