• Union of Jurist of Romania Law Review

Union of Jurist of Romania
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  • The Second AIDP World Conference - Bucharest, 18-20 May 2016

  • Aspects on the contribution of judgments passed by the European Court of Human Rights to the interpretation and development of romanian law

    The provisions of the European Convention of Human Rights are an integral part of the Romanian legal system, and the Convention itself with its annexed Protocols may be considered without hesitation as sources of law, because it is undeniable that they are part of Romanian law. This article analyzes the issues regarding the applicability of the judgments passed by the European Court of Human Rights to domestic law and whether they are or not a source in shaping the Romanian legislation, based on two situations. The first regards judgments directly concerning the Romanian State in a trial judged before the Court and where the judgment passed by the Court must be enforced under art. 46 of the European Convention on Human Rights and the second of cases concerning other countries, where suc...

  • 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 auteur. Même si la définition est rapportée à celle du contrat, acte de formation bilatérale, elle ne permet pas la visualisation de l’engagement unilatéral par une simple réduction à l’unité des règles qui gouvernent la matière contractuelle. L'une des questions les plus épineuses du droit des obligations, la reconnaissance du potentiel générateur d'obligations de , se construit à l'ombre de la plus vaste problématique des valences juridiques de la volonté. À une époque qu...

  • Fire prevention requirements for office buildings and shopping centres in Romania

    A large, crowded shopping centre or a lively office building represents a significant potential for loss of life in case of a fire event. The highest standards of management and maintenance must therefore be observed in order to ensure that risks are anticipated and the best possible systems for personal safety and property protection are deployed.1 The ubiquitous nature of the shopping mall has changed our buying habits forever, making customers more accustomed to shop under one convenient roof, which also has implications for re-examining fire safety from all angles. Often, the one common element in multi-fatality fires is the failure of the occupants to take the right action when fire breaks out or when an alarm is raised. By respecting imperative norms, the owners of shopping malls ...

  • Environmental crime in the EU: Is there a need for further harmonisation or for new enforcement tools?

    Criminal approach of the environmental issues is both an innovative and a necessary evolution of a much wider field of regulation, at an international, European, and national level; hence, it is but part of the legal action taken by societies, in order to assess and partly solve the environmental crisis, and also to limit its impact on human life. Assuming a dominant position regarding the environmental aspects, the European Union has adopted a framework regulation regarding the protection of the environment through criminal law, as a tool for harmonizing national regulations of the member States, in order of creating a unitary legal approach of incriminating behaviours dangerous for the environment. Despite its generous purpose and its relatively recent date, the 2008/99/EC Directive i...

  • Directive 2014/52/EU: Big step forward or merely minimum consensus? - An attempt to evaluate the new euregulations on the assessment of the effects of certain public and private projects on the environment

    The Directive 2014/52/EU, which the EU Member States will have to implement by 16 May 2017 at the latest, amends the existing Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (the so-called Environmental Impact Assessment Directive, in short: EIA Directive) to a considerable extent. Taking into account the amendments suggested by the Commission in its underlying proposal, this paper presents the main legal innovations caused by the EIA amending directive and on this basis attempts to evaluate the new provisions from an EU environmental law perspective. By this means, it will be shown that the Directive 2014/52/EU on the one hand does not represent the desired big step forward in creating a viable Union law regime of EIA, but...

  • July 2015 - December 2015

  • General aspects in the field of competition procedure

    Competition rules applicable to undertakings are the most important rules of the Community competition law. They present a direct effect and apply primarily to enterprises. But even the Member States must take into account these rules and should not favor prohibited behaviors. Prohibition of agreements restricting competition, abuse of dominant position, merger control and state aid are the pillars of European law (EU) competition.

  • Some considerations on the reflection of the compensatory benefits in court judgments

    The new Civil Code, in addition to other innovations of the civil legislation, also introduced the compensatory benefits between the former spouses. The emergence of this new right has not escaped unnoticed by the spouses who call for the dissolution of marriage by judicial process; therefore the compensatory benefits can be found in the judicial decisions delivered after the entry into force of the new Civil Code. The way the litigants choose to judicially enhance this right, is not always the most adequate; therefore, although the innocent spouse could have benefited from compensatory benefits, the practice has proved that being entitled to the coverage of the significant imbalance produced by the divorce in one’s living conditions, is not always equivalent to the admission of such an...

  • Specific features of the settlement of disputes among states within international economic organizations. Legal means of peaceful settlement of disputes

    The study is focused on a very important and sensitive matter - the one which concerns the disputes among states. The research begins with the definition of the international dispute in order to indicate the framework of the analysis and indicates the main characteristics of it. The study continues with a presentation of The Principle of Peaceful Resolution of International Disputes and points some specific features of the settlement of disputes among states arising within international economic organizations.

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