Suchergebnisse

The criminal treatment of juveniles in the European Union was regulated in earlier times and has evolved by national legislation of Member States, international treaties, documents of the Council of Europe, as well as by European Union Treaties, European Parliament Resolutions and Press Releases of the European Commission. The regulatory divergence of criminal treatment of juveniles in EU countries implies the need to elaborate certain minimum rules to prevent and to combat juvenile delinquency, oriented to education of minors and their punishment.

Freedom from arrest -- Parliamentary elections -- Parliamentary wages -- The process of statutory regulation -- The royal courts and their procedures -- The texts -- Documents relating to parliamentary privilege -- Documents relating to parliamentary elections -- Documents relating to the payment of members of parliament

Such famous jurists as H. Kelsen, J. Chevallier, Giorgio del Vecchio, A. Hauriou, Mircea Djuvara, François Rigaux, Ion Deleanu, Tudor Drăganu etc. expressed their views on the principles of the rule of law, which persisted for several centuries. The rule of law is never a perfect reality and no country can claim to have achieved perfection, because the rule of law is not obtained easily, it is the joint effort of the state authorities, civil society, and all the citizens. José Manuel Durão Barroso stated that "The rule of law is the cornerstone of the European Union, there is no true democracy without the rule of law and without democracy the rule of law is just an instrument in the hand of the rulers". While the European Commissioner for Justice, Viviane Reding stated that "In parallel to the economic and financial crisis, we also have been confronted on several occasions with a true "rule of law" crisis. At the beginning of April 2014, in Innsbruck (Austria), was held the academic conference entitled "Strengthening the rule of law in Europe - from a common concept to mechanisms of implementation". On April 21, 2014, the European Parliament noted, according to Article 49 of the EU Treaty, Moldova, Ukraine and Georgia, as any European country can apply to become a member of the European Union, given that they realize the principles of democracy, the fundamentals of freedom, human and minority rights and ensure the rule of law. Thus, achieving the rule of law in Moldova was and will be a permanent and current task in the coming years.

The internationalization of national constitutions includes an eventual unification of constitutional rules deemed necessary to intensify international relations. So, in a broader way it is invoked the impact of international law and international relations on constitutional law. The result of the internationalization of national rights is a progressive harmonization of concepts and legal rules. In the current state of international law, constitutions' internationalization corresponds a concrete impact of international law on constitutional norms. The current trend of constitutions is to regulate in a more accurate and comprehensive way the relations between the state and international law. International law does not require any particular form of the conclusion of international treaties. In intensification of international relations, international conventions and integration of states in international organizations, the Parliament carries important consequences for both on normative function and the control function. Such legislative activity is guided by international treaties concluded by the state. While the executive and the legislative are involved in the development of international law, the jurisdictional power intervenes to reconcile domestic and international legal norms. States do not devote supremacy of international law over their constitution. Because international treaties to be part of the national legal order is not enough that the procedure for concluding treaties to be respected. It is also necessary that treaties do not contravene fundamental state constitutional principles of human rights and the relationship between public authorities. The control of international treaties' constitutionality can be mandatory or optional. In the process of ratification of the treaty on EU European constitutional courts tend to create a similar design to establish the limits of European integration. In reality, the issue of constitutionality of international treaties control is a political issue and it is difficult to apply legal principles purely political matters. There are three categories of states in the aspect of national courts on constitutional regularity control concluding treaties.

Preliminary Material /T.G. Leesen -- Introduction /T.G. Leesen -- I. Male Puberty /T.G. Leesen -- II. Res Mancipi /T.G. Leesen -- III. Specificatio /T.G. Leesen -- IV. Filius Praeteritus /T.G. Leesen -- V. Legatum Per Vindicationem (1) /T.G. Leesen -- VI. Legatum Per Vindicationem (2) /T.G. Leesen -- VII. Legatum Per Praeceptionem /T.G. Leesen -- VIII. Datio Tutoris /T.G. Leesen -- IX. Regula Catoniana /T.G. Leesen -- X. In Iure Cessio Hereditatis /T.G. Leesen -- XI. Condicio Impossibilis /T.G. Leesen -- XII. Stipulatio For A Third Person /T.G. Leesen -- XIII. Literal Contract /T.G. Leesen -- XIV. Emptio Venditio (1) /T.G. Leesen -- XV. Emptio Venditio (2) /T.G. Leesen -- XVI. Mandatum /T.G. Leesen -- XVII. Servus Communis /T.G. Leesen -- XVIII. Datio In Solutum /T.G. Leesen -- XIX. Novatio /T.G. Leesen -- XX. Actio Noxalis /T.G. Leesen -- XXI. Noxae Deditio /T.G. Leesen -- Conclusion /T.G. Leesen -- Appendix 1. Pomp., D. 1.2.2.47–53: Text And Translation /T.G. Leesen -- Appendix 2. The Leaders Of The Schools /T.G. Leesen -- Appendix 3. The Sabinians And The Proculians: Topoi /T.G. Leesen -- Bibliography /T.G. Leesen -- Source Index /T.G. Leesen.

The article contains a peer analysis of European primary legislation concerning enhanced cooperation within the European Union between the member states in accordance with their will on agreed issues. The research includes the forms of enhanced cooperation, the procedure of enhanced cooperation, the spheres of its application, the instruments of enhanced cooperation and the legal effects of enhanced cooperation both for participating and third countries.

This study proposed, first, to carry out, based on archive documents, an incursion as regards matrimonial relationships of XVIIIth century with all legal, economic and social connotations involved. The marriage contracts studied fall into a typology more closely of what was happening in the same period in Western Europe than in South Eastern Europe. This is because such acts have emerged within the former county of Arad in the first half of the century after the establishment of Habsburg domination and after the German colonists were brought into the area.
Besides the juridical problems regarding the contractual liabilities of the spouses, the status of the children, some problems related to wealth and dowry, I tried to mark out some aspects regarding the everyday life of Arad's inhabitants in the XVIIIth century.

More often than not, the State did not acknowledge the matrimonial norms as settled by the Church. This relation seems to have altered towards the end of the 19th century, when the State succeeded in imposing on the Church the respect for the general civil framework. Yet, the change was not radical. The Church and the State were still pretty connected. The State acknowledged the Church's right to be in charge with officiating marriages, with bed and home separation according to the requirements of each confession. However, the State had the right to supervise the civil and military status, the relationship between the spouses, legacy, legal guardianship, the issue of supporting children and spouses and many others. The Church admitted the involvement of the State in major demographic issues in an individual's life.
As time went by, the State became more and more complex while its legislation became ever more "lay". It is true that willy-nilly lay legislation borrowed norms and regulations belonging to Church's legislation. The frail State – Church dualism on family law was influenced by lay laws enforcing the lay legitimacy of important moments in man's life. Matrimonial laws as set out in 1894 were the most complex laws in the 19th century. Due to their clarity, they managed to put an end to misunderstandings between lay and Church authorities. Moreover, the matrimonial issues between different confessions were in favour of the State. Civil law very clearly favoured family and children's interests. They were all conceived to better supervise individual's education in a moral family where the Church would still have an influence.

This article deals with the emergence of a new type of crime prevention in
interwar Romania. Inspired by the Italian school of criminal law and by the
Italian Criminal Code "Rocco" (1930), the Romanian Criminal Code "King Carol
II" (1936) formulates a new type of criminal sanctions, explicitly designed to
address and combat the social dangerousness. Regarded as a major challenge to
the classic criminal system based on free will and guilt, the "security measures"
were formalizing new types of offenders defined as such not by their criminal
acts but by their criminal potential, redefining the scope and the goal of the
criminal prevention. Major debates in the epoch reveal the possible threats this
new type of criminal sanctions and of a criminal policy orientated towards risk
prevention, seen as closely connected with authoritarian tendencies, carried for
individual freedom and the rule of law. The legal issues discussed in the epoch prove significant for the current debates regarding the negative consequences the
preventive War on Terror have for individual freedom and the rule of law.