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Limitele efectelor lucrului judecat în materia asigurărilor sociale: Încălcarea art.1 din Primul Protocol la Convenția Europeană a Drepturilor Omului prin respingerea de către o instanță a pretențiilor privind drepturi de pensie de invaliditate ca urmare a reținerii autorității de lucru judecat în p...
In: JurisClasor CEDO, Heft 11
The article presents the judgment delivered by the European Court of Human Rights of 5 March 2020 in GROBELNY v. Poland, by which the Court found that Article 1 of the First Protocol to the European Convention on Human Rights had been infringed following the rejection by national courts of the applicant's claim for compensation equal to the invalidity pension which he was unlawfully deprived of by applying the res judicata principle, despite the existence of relevant and sufficient grounds for departing from that principle, namely the fact that the applicant's deprivation of pension rights was the consequence of a manifest error attributable to the public authority, found as such by the court in the second dispute. The Court held that, in this way, the national authorities had failed to ensure compliance with the principles of social justice and fairness or good governance and that the burden to which the applicant was subject was disproportionate, since he was required to bear the consequences of the errors attributable to the public authorities on his own, even though he did not have any other legal means to compensate for the damage. The article also contains an analysis by the author of the ECtHR ruling.
Jurisprudenţa instantelor Romane în unele cauze în care au sesizat CJEU cu întrebări preliminare (Cauzele C-62/19, C 354/18 şi C 644/19)
In: Revista EuRoQuod, Heft 3, S. 61-101
Referral to the CJEU for the pronouncement of preliminary rulings regarding the interpretation of European Union law cannot have a purely theoretical purpose (e.g. the Court Ordinance of October 7, 2013 in case C-82/13) but a necessarily practical one, such as to allow the national court to resolve the specific dispute with which it is vested. Therefore, knowledge of the judicial decisions pronounced by the national courts after receiving the answer to the preliminary question from the CJEU is very important to evaluate the implications of the CJEU jurisprudence in the law of the member states and the effectiveness of the dialogue between it and the national courts. Next, the decisions of the courts in Romania are presented in some cases in which the CJEU was referred with preliminary questions, respectively those that were resolved in the cases registered on its roll with no. C-62/19, C 354/18 and C 644/19.
Situația comunelor județului Cahul reflectată în procesele-verbale ale inspecțiilor prefectului Dumitru Dobrescu (aprilie 1940)
In: Buletinul Ştiinţific al Universității de Stat "B. P. Hasdeu" din Cahul: Științe Sociale, Heft 1, S. 72-97
In February 1938, a monarchical regime was established in Romania.
In order to strengthen the power of the monarch and his discretionary control over the
administration, a new administrative law was drafted. Administrative law no. 2919,
published in the Official Monitor no. 187 from August 14, 1938, grouped the 71 counties
of Romania into 10 regions. The region was a territorial circumscription, endowed with
legal personality.
According to the Administrative law from August 14, 1938, the county became
a simple district of control and deconcentration of the central administration, losing its
legal personality. The prefect was authorized to exercise the control of the local
administration in the urban and rural communes of the county. One form the control
over the work of local authorities was their regular inspection. In April 1940, the prefect
of the Cahul County, colonel Dumitru Dobrescu, inspected the county communes,
clarifying various aspects of the activities of local administrations. The results of these
inspections make it possible to create a true picture of the realities of the Bessarabian
villages to months before the territorial abduction in June 1940.
Credințe și valori în societatea românească: Barometru politic național 30 martie - 11 aprilie 2021
The survey was conducted between March 30 and April 11, 2021 on a national sample of 1420 subjects. He measured the state of religiosity of the citizens with the help of several indicators: faith in God, frequency of prayers, church, fasting, confession, observance of holidays, reading the Bible, etc. The survey also measured attitudes toward teaching religion in schools, same-sex marriages, faith in the horoscope, trust in priests, attitudes toward abortion, the pandemic, politicians, and voting intentions.
Situația comunelor județului Cahul reflectată în procesele-verbale ale inspecțiilor prefectului Dumitru Dobrescu (aprilie 1940)
In: Buletinul Ştiinţific al Universității de Stat "B. P. Hasdeu" din Cahul: Științe Sociale, Heft 1, S. 72-97
In February 1938, a monarchical regime was established in Romania. In order to strengthen the power of the monarch and his discretionary control over the administration, a new administrative law was drafted. Administrative law no. 2919, published in the Official Monitor no. 187 from August 14, 1938 grouped the 71 counties of Romania into 10 regions. The region was a territorial circumscription, endowed with legal personality.
According to the Administrative law from August 14, 1938, the county became a simple district of control and deconcentration of the central administration, losing its legal personality. The prefect was authorized to exercise the control of the local administration in the urban and rural communes of the county. One form of the control over the work of local authorities was their regular inspection. In April 1940, the prefect of the Cahul County, colonel Dumitru Dobrescu, inspected the county communes, clarifying various aspects of the activities of local administrations. The results of these inspections make it possible to create a true picture of the realities of the Bessarabian villages to months before the territorial abduction in June 1940.
Impactul pandemiei COVID 19 asupra predării persoanelor solicitate în baza Deciziei-cadru a Consiliului 2002/584/JAI
In: Revista EuRoQuod, Heft 1
In Romania, as wel as in all Member States, the judicial cooperation in criminal matters regarding the execution of the european arrest warrant and the surrender of the sought persons in the context of the COVID-19 pandemic was affected and was assesed on a case-by-case basis. Generally, the non compliance with the surrender deadlines or the postponing of the surrender based on serious humanitarian reasons lead to the release of the sought persons without taking alternative measures in order to prevent absconding, giving the fact that there are no national legal basis to take such measures in this type of situations.
Recunoașterea și executarea sentințelor arbitrale digitale
In: Revista EuRoQuod, Heft 4, S. 18-34
The development of international online commerce has led to the shift of disputes arising mainly from electronic contracts in the online environment (Online Dispute Resolution, ODR).International commercial arbitration could not be an exception to this development.The digital foreign arbitral award rendered following an online arbitration (e-arbitration) may be enforced in case of voluntary non-enforcement on the territory of a foreign state, following the recognition and enforcement procedure. One of the reasons that the party opposed to the digital arbitral award may invoke to block this procedure is the lack of formal validity of the arbitration agreement concluded by electronic means. This article aims to examine the regulatory framework within which a state court will examine the formal validity of the digital arbitration agreement and the extent to which this ground for refusal of recognition can be found to be well-founded.
Evolutia partidelor din familia Fratiei Musulmane in nordul Africii: Egipt, Tunisia, Maroc, Algeria, Libia, Sudan (1928-2020) - Poligonul de incercare al islamismului politic (I)
In: Perspective politice, Band 13, Heft 1-2, S. 35-45
ISSN: 2065-8907
Problematica secesionismului în UE: Cazul Cataloniei dupa 2017
In: Perspective politice, Band 13, Heft 1-2, S. 55-71
ISSN: 2065-8907
Secessionism is one of the important challenges in many contemporary societies. Sovereignty, International and domestic law, and human rights are only three concepts that could be affected by the emergence of secessionist dynamics. This article investigates the evolution of Catalan secessionist movement after the 2017 independence referendum. It uses process tracing to analyze the events that coincide with the evolution of the Catalan secessionist movement. The main findings reveal that while the EU does not encourage these kinds of movements, it does not agree with the solutions adopted by the Spanish's Central Government to solve the Catalan situation, and condemns the violation of human rights. Also, the Catalan independence movement can stimulate similar dynamics across other countries, which are not favourable to the EU cohesion.
Competenţa specială în materia contractelor cu consumatorii: Studiu de caz
In: Revista EuRoQuod, Heft 4, S. 4-17
The jurisdiction regulation applicable in the EU Member States has the vocation to
govern all civil and commercial legal matters, in the absence of express limitations provided in
its content. In addition to the general rule establishing the jurisdiction to settle a specific case
with internationality elements in favor of the courts of the defendant's domicile, the
Regulation also sets out a number of other special provisions, including, among others,
litigation arising out of consumer contracts. Special rules of jurisdiction have been set out in
this matter, in order to protect the consumer, who is considered the weaker part of the contract
from an economic and informational point of view. Exceptions to these special jurisdictional
rules have been also provided, given the significantly closer balance found in certain contracts
between the rights and obligations of the signatory parties, professional (economic operator)
and consumer.
This article aims to address the issue of the derogation from the special rules of
competence established in favor of consumers and, in particular, the interplay between these
derogations and the Directive on unfair terms in consumer contracts.
Barometrul electoralal județului Caraș-Severin
The survey was conducted between August 29 to September 1, 2020 on a sample of 1173 people residing in all areas of the county. He measured the opinion towards the candidates in the local elections, the expectations from the future mayors, the voting intentions, the confidence in the local and regional personalities.
Exit-poll Râmnicu Sărat
Exit-poll made on 1485 inhabitants of the city. He measured the votes cast in the local elections in Râmnicu Sărat at the City Hall, the Local Council, the County Council, the Presidency of the County Council.
Barometrul preelectoralal Municipiului Giurgiu
The survey was conducted between January 22-29, 2020 on a sample of 757 adults living in the city. He measured how the population perceives the involvement of the mayor's office in various administrative issues, trust in local political leaders, voting intentions in local elections, the perception of local party organizations.
Gramsci si Foucault - O Intersectie Teoretica
In: Perspective politice, Band 13, Heft 1-2, S. 93-110
ISSN: 2065-8907
In this article, I will try to open a new discussion on the intersection between Gramsci and Foucault. First of all I will try to identify if these two authors could be used together in order to analyze the power relations in a society, by discussing some of the most important contributions on this subject. I will identify the points of intersection and the points of tension between the two authors, in order to find the best way to combine the theories of hegemony and governmentality. The main goal of the article is to find if the two theories can be compatible and how they could work together in order to obtain a better understanding of the power relations. Gramsci could offer a better tool to analyze the institutional context, the role of the social classes and the way in which the interest of the classes are build. By using the concept of governmentality one can analyze the way in which the techniques of power are working and which rationalities contribute to the change of human behavior.