Union of Jurist of Romania Law Review

Union of Jurist of Romania
Publication date:

Latest documents

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

  • 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.

  • 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.

  • 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 vacant begins by request of any interested party and is finalized once the public notary issues a certificate of vacant inheritance. In case of international inheritances, within the limits of the law which applies, if there is no legal heir for the goods of the successor mass and no legal heirs, the law which applies must not impair on the law of another member state or an entity which is entitled to inherit those goods, provided the creditors are still able to request the payment of their debts from the successor mass. The current paper aims to discuss theoretical and practical aspects regarding vacant inheritances in the context of the unification of European law. From a theoretical point of view, we believe it is necessary for the lawmaker to intervene in order to regulate the title by which the state inherits, because it entails significant procedural meanings, as previously shown. From a practical point of view, the solution to a vacant inheritance is a difficult and expensive procedure. It entails attention and responsibility from the public notary, as, by issuing a certificate of vacant inheritance, certain heirs can be abusively removed from succession, thus being forced to file a complaint in court in order to valorize their rights.

  • 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 directives which have as main objectives the insurance of the drinking-water supply, the proper management of water resources, the battle against drought and floods, the battle against water pollution. The rational protection and management of water resources, as well as the insurance of their quality is an important part of the environmental policy of the European Union. Given these aspects, the current paper presents the main legislative interventions of the European Union in the area of water protection. It also aims to show to which extent Romania has managed to implement the EU legislation in this area. As a conclusion, given all efforts laid by the Member States, almost half of the European hydric systems have failed to reach the legislative objectives established by the Union. Starting from the reality that water is constantly under the threat of a wide variety of pressures exposing the sweet water ecosystems and the associated forms caused by humans and pollution, continuing with the fact that the use of fields, water intake, climatic changes represent changes modifying the natural debit of water systems, it is necessary that the fight against these factors be continuous and pointed in the same direction as a national, communitarian and international level, the divergences not being justified in this area.

  • Brief considerations as to the joint exercise of parental authority after divorce
  • 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 criticisms regarding the functioning of the process. In the conclusion, it will illustrate the recent reform introduced by Regulation 2019/788, questioning whether the new changes will enhance the participation of Civil Society and citizens in the EU integration process as a possible remedy to bridge the gap between supranational governance and citizens.

  • 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
  • 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.

Featured documents

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT