Union of Jurist of Romania Law Review
- Union of Jurist of Romania
- Publication date:
- Nbr. X Special Issue II, December 2019
- Nbr. X Special Issue I, December 2019
- Nbr. IX-1, July 2019
- Nbr. X-2, July 2019
- Nbr. VIII-2, July 2018
- Nbr. VIII-1, January 2018
- Nbr. VII-Special-1, December 2017
- Nbr. VII-2, July 2017
- Nbr. VII-Special-2, March 2017
- Nbr. VII-1, January 2017
- Nbr. VI-Special, December 2016
- Nbr. VI-2, July 2016
- Nbr. VI-1, January 2016
- Nbr. V-2, July 2015
- Nbr. V-1, January 2015
- Nbr. 2-2014, December 2014
- Nbr. 1-2014, January 2014
- Nbr. 2-2013, December 2013
- Nbr. 1-2013, January 2013
- Nbr. 4-2012, October 2012
- 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.
- 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
The purpose of this study is to determine whether changes in the legislation on the exercise of parental authority brought positive changes in the lives of children whose parents have divorced. The methods used, i.e. comparison and observation, support the scientific approach in order to draw conclusions on the achievement of the ultimate aim of both legislative changes and study, respectively ensuring the best interests of the child. The rule of joint exercise of parental authority for children after the parents' divorce was introduced in the Romanian legal system at the time of the entry into force of the new Civil Code, respectively in 2011, taking also into account the fact that this rule applies in many other states of the European Union. The best interests of the minor require maintaining the child in a balanced family environment, in the presence of both parents, since the risk of breaking the child's spiritual balance is very high along with his or her giving to one of the two parents. Unfortunately, in most cases where the divorce or separation of parents occurs, the access of the non-resident parent to his/her own child becomes difficult to achieve, in which case it is useful to organize a program of personal relations meant to ensure the continuity of the non-resident parent's presence in the child's life. At this moment it is required the experience of the judge, who, taking into account all the aspects specific to each case, to find the best solution for ensuring the respect of the best interests of the child. The exercise of child joint custody may be beneficial for the child, sometimes not, depending on the attitude of each parent, and the judge will have to choose the best solution for each child, each case being different from the other case. And the parents should be advised and trained by specialized personnel so as to take upon themselves learnedly the new situations that they will face during the joint exercise of parental authority, in order to achieve the best interest of the child.
- 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
The number of cases concerning the abusive clauses inserted in banking contracts, trialed in front of the national courts, is a considerable one. It seems like the compliance of the national regulations with the provisions of Directive 93/13 / EEC on 5 April 1993 on unfair terms in consumer contracts, is a difficult process. The purpose of the present study is to observe the current state of the alignment of the national legislation and jurisprudence to the European tendencies in the matter. In particular, we are interested in the admissibility of invoking abusive clauses in the process of a contestation of an execution, since the national case law is not unitary in this regard. Even in theory, opinions are divided. On June 26, 2019, the European Court of Justice expressed its opinion on this matter, in the cause C-407/18, the case of Ales Kuhar, Jožef Kuhar v Addiko Bank d.d. At the end of the study, we aim to point out the main directions set at European level that must be followed by the national legislation and case law of a Member State.
- 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.
- National Security Exceptions in the WTO - A Carte Blanche for Protectionism? Part I - Introduction, Negotiating history of Art. XXI of GATT, Russia - Traffic in Transit Panel`s Report
The security exception enacted in Art. XXI of the General Agreement on Tariffs and Trade has been contentious over the years. Parties have either argued that the security exception has a completely ‘self-judging’ nature, or that it allowed for a limited review by the panels and the Appellate Body,...
- The Romanian criminal law from the great union to the present day
In the present study, we have investigated the provisions of the first three Romanian Criminal Codes that were released in the modern Romanian era. At the onset of this scientific approach, we have made an overview of the Criminal Code of 1864, with direct reference to the doctrine and...
- L'engagement unilatéral
L’étude se propose l’analyse du potentiel créateur d’obligations juridiques de l’engagement unilatéral. Variante de l’acte de formation unilatérale, l’engagement unilatéral est défini comme la manifestation unilatérale de volonté faite en vue de la création d’une obligation juridique contre son...
- A historical perspective on the criminalization of omission in criminal law
Legal thinking with regard to omission has evolved over time, and, for a long time, inaction was not criminalized in the same way as action. The Romanian Criminal Code of 2009 regulates for the first time in our legislation the principles of liability for omissive acts and situations in which there ...
- Defenses in the civil lawsuit: a short comparison of regulations from Romania and France
Any person who is a party to a lawsuit acts or reacts: the claimant raises claims and the defendant counters them. Under this litigation context, the Romanian NCPC expresses - for the first time in our procedural legislation - the modern concept according to which defense is a way of expressing the ...
- Gender mainstreaming and work-life balance
The past decade has witnessed major changes in the size and composition of the workforce in the EU Member States, including in Romania. The changes occurred in terms of technology and economy were accompanied by a strong surge in the number of women at work and led to a significant increase in the...
- The principle of good administration in the case law of the romanian constitutional court
The Constitutional Court of Romania stood for the constitutionality of the various legal provisions over the course of the years, contributing through its decisions to the rule of law consolidation by ensuring the respect of the Constitutional principle of supremacy in the Romanian legal system....
- EU ETD: Towards a New Chapter in EU Citizens' Rights and a Better Administrative Cooperation
- General overview on material-functional conception of the state administration
The science of administrative law has accepted the view that the expression "administration" has two basic meanings: firstly, according to one of them, the term administration implies a certain circle of entities/executors (bodies or organisations), as a rule, within the state apparatus, which are...
- 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...