Union of Jurist of Romania Law Review

Publisher:
Union of Jurist of Romania
Publication date:
2011-09-27
ISBN:
2246-9435

Latest documents

  • The Lisbon treaty and the risks of noncoordination of economic policies in the E.U.

    Article 5 of the Treaty on the Functioning of the European Union (T.F.E.U.) states: "1. Member States coordinate their economic policies within the Union. To this end, the Council adopts the measures, including the broad guidelines of these policies. Special provisions apply to Member States whose currency is the Euro. 2. The Union shall take measures to coordinate the employment policies of the Member States, in particular by defining the guidelines for those policies. 3. The Union may take initiatives to coordinate the social policies of the Member States.

  • 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 contributes to streamlining the insolvency proceedings taking place in the European Union Member States and which have cross-border effects. The purpose of the analysis is to highlight and contribute to the harmonization of the application of the national insolvency regulations of the Member States of the European Union when the insolvency proceedings are likely to apply different regulations or more regulations. The conclusions of this study may contribute to an improvement in the application of Regulation (EU) No. 2015/848 and / or to an easier understanding.

  • 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 after the economic crisis that has shaken Europe, has become a top priority for the EU. In order to realize this objective, the EU uses a variety of tools and mechanisms, both legal and financial. One of the newest and highly debated legal instruments created by the EU is the European Pillar of Social Rights. The article offers a comparative analysis of the levels of performance as well as of the concrete results obtained by various governments in their efforts to implement the objectives of EU social policy. The analysis starts from the assumption that the European states have different levels of economic development and resilience, a fact that makes even more difficult a strong convergence and synchronicity in the implementation of these measures. Our research intends to call attention to the fact that EU’s legislation and policies have a positive impact on the performance of the governments in the socioeconomic field. The methods used are both qualitative and quantitative, consisting of an evaluation and a brief comparative study based on the scientific literature in the field, but also of the presentation of data and indicators that clearly show the levels of performance and the achievements of different governments. The main general conclusion that may be formulated is that on the one hand, the EU is making efforts at establishing all the necessary instruments to enhance convergence. On the other hand, between countries there are both convergent and divergent evolutions and countries may be grouped according to the level(s) of their accomplishments (which differ from case to case) which makes it obvious that some of them do need more time and (harder) work to reach the established targets.

  • 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 civil courts in their judicial capacity, without overlooking the impact of the internet age on the publication of personal data from pending cases and judgments. To this end we’ll analyse the provisions of Regulation (EU) 2016/679 and the national legal framework regarding the processing of data by the courts, without overlooking a recent trend in dealing with processing operations performed by the Court of Justice of the European Union (CJEU). At first glance it seems that our civil courts were left to their own devices as to data protection since the Romanian national supervisory authority is not competent to supervise processing operations of courts acting in their judicial capacity and the Romanian legislator did not entrust this mission to specific bodies within our judicial system. However despite the absence of a right to lodge a complaint with a supervisory authority or to an effective judicial remedy against a supervisory authority, the data subjects - plaintiffs and defendants - may resort to the right to an effective judicial remedy against the controller for the protection of their personal data processed by a civil court. Since the right to the protection of personal data is not an absolute right and it must be considered in relation to its function in society and be balanced against other fundamental rights, in accordance with the principle of proportionality, not always will prevail the rights of the data subject, or, better said, they will not be able to prevail before the balance tilts - sooner or later - in favour of the data subject.

  • Aspects regarding the criminalization and investigation of the offences related to terrorist activities in romanian legislation

    Starting from the definition of terrorism, this article aims to present and analyze aspects related to the crimes in relation to terrorist activities at the national and European level. First, the article analyzes the offences related to terrorist activities provided by Law no.535/2004 on the prevention and combating of terrorism in Romania, after which the article analyzes the offences related to terrorist activities included in the European Union Directive 2017/541 from the 15th of March 2017 on combating terrorism, as well as in the Council of Europe Convention on the Prevention of Terrorism and the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism. At the same time, the article presents and analyzes aspects regarding the activities of prevention and combating of the offences related to terrorist activities, as well as the criminal investigation of these offences. Finally, the article will establish whether the Romanian legislation regarding the offences related to terrorist activities adapted to the provisions in the field included in the most important legal instruments in the field of prevention and combating of terrorism at the European and international level.

  • 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 attention to this scourge which spreads to all levels of society, both at the individual and group of individuals, should be delimited by reference to crime aetiology by highlighting the causes and criminological factors, both individual and social.

  • 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 procedure enjoy such effects, concluding that, while not all these acts enjoy res judicata, all of them have binding legal force upon all participants to the procedure and even upon third parties.

  • 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 towards the standardization of the way in which its member states handle real estate registration. In order to fully understand the legal implications of, and how achievable a standard European Land Registry is, it was deemed necessary to make an analysis based upon the comparison between the different legal systems found in the European Union, with focus upon the concept of property transmission. This comparison was chosen because, on the aforementioned principles, all EU member countries have developed their own legal instruments and institutions with the sole aim of supervising real estate registration. By focusing on the points of the land registration process, which involve principles of law, like property transmission, good faith protection or, third party effects, and the differences between them in different EU countries, this research has concluded that, despite the steps in the right direction, the implementation of a common European Land Registry at least from a legal point of view, is not yet a viable option.

  • 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 protection do not have basic human rights and physical security guaranteed in their home countries and they have been forced to escape from the risk of persecution, inhuman or degrading treatment or other serious human rights violations. In this regard, we will analyze the acquis communautaire that the EU asylum organizations provide for forms of international protection and the corresponding procedure of international protection. We will conclude, stressing that even though the right to asylum is recognized and convergent at the European level and the roots are in the Geneva Convention, the Charter of Fundamental Rights of the EU, and other international and European legal instruments, in reality nowadays proves that there is a divergent tendency in applying the legal aspects to the persons who need international protection.

  • 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 from the etymology of this word. The definitions of ethics are much more numerous and each one emphasizes one or more aspects considered as defining for it. As a common element of these definitions, one can remember first of all that ethics is about human behaviour. The law and the regulations cannot cover the vastness of these inter-human relations and they manage to solve the multitude of problems that may arise in the relations between teachers, in the relations between students or in the relations between teachers and students. No matter how well the codes of ethics are developed, they will not be able to regulate all of the issues raised by the academic life. That is why greater emphasis should be placed on making each person aware of the importance of acquiring an ethical way of being and behaving in society. The human factor is the one that can ensure the smooth running of the activity in the academic environment.

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