Suchergebnisse

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.

The structural-functional features of the European political system are analyzed. The author correlates the structure and the functions of the national political system with the functionality of the European supra-national structures. The efficiency of the decision making process and the functionality of any type of political system is influenced by the level of political culture and the degree of maturity of the political actors. The need to correlate interests of different states: EU members, candidates or those in process to adhere to the EU, determines the supra-national structures: European Council, European Union Council, European Parliament, EU Court of Justice, EU Court of Accounts, European Central Bank to honor honestly and responsibly their functions, respecting democratic principles of political communication, of cooperation and co-work. In conclusion, the author states that the European political system is functional, efficient, viable due to the capacity of institutions to ensure a dynamic stability both at community level and national one. The fact that at the moment the European Union is an international political actor with legal status and its components (Member States) that share the same rights and obligations represents a unique experience, interesting for the contemporary political theory.

In Romania, the national provisions transposing EU Framework Decision 2008/909 / JHA
on the application of the principle of mutual recognition in the case of judgments
in criminal matters which impose punishments or custodial measures for the purpose
their execution in the European Union are found in Title VI of Law no. 302/2004, regarding the judicial cooperation
Those provisions must be interpreted in the light of the text and the purpose of the Framework Decision, according to the principle of conforming interpretation, and also taking into account the jurisprudence of the CJEU in interpreting the same Framework Decision. The article presents national case law regarding practical issues on different aspects of the application of Framework Decision 2008/909 /JHA and CJEU case law.

Mediation is first and foremost an alternative to the justice that solves amicably a conflict between the parties to the conflict. Mediation has its origin in antiquity. It is found in the Justinian Codification. Our ancestors have preserved the institution of mediation in feudalism, and in modern times only in rural areas. At the present stage, the mediation procedure has grown in most European countries. The advantages of out-of-court mediation are: shorter duration, flexibility of the mediation procedure, parties can identify and adopt their own solutions. Among the disadvantages we mention: the non-binding character of the decisions, the inaccurate decisions, there is no guarantee of a successful solution. Specifically, the disadvantages of mediation have served as grounds for some states, including Moldova, to regulate the mandatory mediation for some categories of cases. This is how Italy and Romania went.

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.

Until 2019 the parliamentary elections in the Republic of Moldova were based on a proportional system on party lists, at the parliamentary elections of February 24, 2019 it was applied the mixed voting system, an uninspired mix between the proportional and the majority system.
There were created 51 uninominal constituencies for the parliamentary elections of February 24, 2019, of which 3 over the borders of the republic, 46 on the territory of the Republic of Moldova controlled by the constitutional authorities and 2 in the Transnistrian region.
There are examined the particularities of conducting the parliamentary elections in the uninominal constituency no. 43, Cahul municipality: the profiles of the candidates, their electoral actions and the results obtained in this electoral constituency.
It was found that a common tendency for candidates was, in many cases, the reorientation of the electoral discourse from the issues of "national interest" to those of "local interest", even if their solution is not within the competence of a deputy.

The health of the economy and the effectiveness of monetary policy depend on a sound financial system. Bank supervision involves monitoring and examining the condition of banks and their compliance with laws and regulations. If a bank under the Central Bank's or other authority's jurisdiction is found to have problems or be non compliant with the authority of supervision may use its authority to request that the bank correct the problems. Bank regulation includes issuing specific regulations and guidelines to govern the operations, activities and acquisitions of banking organizations. On other hand, both theory (game theory) and practice (recent financial crisis) indicate that national interests prevail in cross-border resolution. National authorities aim for the least-cost solution for domestic taxpayers. This results in an undersupply of the public good of communautaire and global financial stability. To preserve the internal market in banking, this paper proposes a supranational approach to banking supervision and resolution in Europe.

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.

The issues related to the territorial organization of public power have existed from ancient times to the present. The territorial organization of public power has a special importance in the process of building a democratic state in the Republic of Moldova.
It is necessary to clarify the essence of the concept of public power in order to reform the current system of territorial organization of public power. The author has analyzed the scientific publications from the Republic of Moldova that were designed to study the public power. The research results have found that the scientific publications do not offer competent answers to the existing problems related to the territorial organization of public power; the experience obtained in the process of reforming the territorial organization of the public power has not been systematized in theory; it is very important to give a scientific definition of the concepts related to that field for the efficient functioning of the system of public power; in the contemporary world, there is a growing interest about this issue, especially in the context of regional development, strengthening the local autonomy, deconcentration and decentralization.

Pierre Manent is viewed as a French thinker that develops in modern times the liberal tradition of political thinking. One of the most important issues of Manent's thinking that was not enough underlined it is the relationship between religion an politics and how this evolved from the beginning of Christianity until the main consequences of modernity. Manent view on religion and politics is the core of this paper analysis. The main contributions of Manent, such as Naissances de la politique moderne. Machiavel, Hobbes, Rousseau (1977), Histoire intellectuelle du lib.ralisme (1987) La cit. de l'homme (1994), Cours familier de philosophie politique (2001), La raison des nations. R.flections sur la d.mocratie en Europe (2006) are analyzed from this perspective. Our conclusion is that in the way Manent deals with the relationship between politics and religion there are some constants that may be found in all his work. These are: the relationship between the Church and the different forms of political organization in Europe (Civitas, Imperium, monarchy); the fact that Christianity is one of the few current relevant concepts for political, due to the failure of totalitarian ideologies; the idea that secularization in Europe is not irreversible; we live in "an age of separations", and Church-State is one of these separations; we witness the religion transformation process and the .tat la.que cannot survive to .tat-nation; the role of Islam in modern societies and his perpetual finding of a political form; the relationship between Judaism, state and nation; the issue of the Christian identity of Europe.