Suchergebnisse

The image of the European culture is given by the association of the concepts people – culture – history – territory, which provides certain local features. From this relation, we identify a cultural area with local, regional and national features beyond a certain European culture. Thus, we identify at least two cultural identity constructions on the European level: a culture of cultures, that is a cultural area with a particular, local, regional and national strong identity, or a cultural archipelago, that is a common yet disrupted cultural area. Whatever the perspective, the existence of a European cultural area cannot be denied, although one may speak of diversity or of "disrupted continuity".
The paper is a survey on the European cultural space in two aspects: 1. Europe with internal cultural border areas; 2. Europe as external cultural-identity border area. From a methodological point of view, we have to point out that despite the two-levelled approach the two conceptual constructions do not exclude each other: the concept of "culture of cultures" designs both a particular and a general identity area. The specific of the European culture is provided precisely by diversity and multiculturalism as means of expression on local, regional, or national levels. Consequently, the European cultural area is an area with a strong identity on both particular and general levels.

Ombudsman, unlike the court, cannot make binding decisions, but usually public authorities follow its recommendations, otherwise he may bring the case to the attention of politicians and the public by informing Parliament. The link between the two fundamental European institutions, the Court of Justice of the European Union and the Ombudsman, may be defined as a strong direct link between the problems of EU citizens. Requests to each institution represent an interest of each petitioner, which is intended to be solved by matching laws with moral rules and general principles of law.

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 Judge plays a decisive role in promoting respect for human rights. His activity is governed by the fundamental principles of the "rule of law" concept. The principle of separation of powers is a principle that any democracy, that wants to be real, must necessarily take it into consideration and implement it. Delimitation of powers is, broadly speaking, a different jurisdiction to establish institutional authority, and to exclude other forms of mutual intrusion than those permitted by law. At European level, the criteria and conditions of the judicial domain, and the judges, receive a broader notion, more complex. The structure of today's European Union is based solely on the rules of law. Rule of law is ensured through creation of Community law that is independent and uniform for all Member States. To ensure judicial protection of individual rights conferred by Community law, transparency is indispensable to national procedural law. Therefore, the national legislation must be put in harmony with European law and the national legislator is obliged to respect the decisions of the EUCJ, which decided that, in principle, the conditions imposed by national law will not have to render virtually the rights conferred by Community law. Any judge, seized within its jurisdiction, is required to apply the provisions of Community law and protect rights which are conferred to individuals, leaving all provisions inapplicable, possibly contrary, the national law, either before or after the Community rule. European law clearly reinforces cultural and legal national judge. Community law isn't a foreign law, it is an outside law. This law is proper to each of our States as its national law, but it also has this feature to be at the same time a common value for all.

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.

Development perspectives of the European Law of Contracts arise from the Press Releases of the European Parliament, the Union Council and the European Commission. The necessity to develop the European Law of Contracts is determined by the objectives of the Common Market, by the amplification of the commercial relations inside the EU, by the abstract and selective regulation of the contracts in the Treaty on European Union, in the EU Regulations and Directives, as well as by the divergences of contracts in national legislations of Member States.

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.

The paper provides the ideal-typical narrative of European integration manufactured by Romanian intellectuals and the official national Church (Greek-orthodox), that could be summarized as follows: in the realm of the spirit, Europe would have survived mainly in the East, shepherded by such intellectuals as the Romanian ones and by the spiritual legacy of the Orthodox Church; in political and economic terms, European Union is monitored according to secularist and relativist guidelines by the bureaucracy in Brussels. Whatever the latter, together with their Romanian counterparts, may have realized in the course of European enlargement is of little concern for the former. Both the Church and the mainstream intellectuals are engaged now in an operation that should have defined them long before the fall of state socialism: to boost intellectual non-conformity with respect to the political dominant discourse as a way of refusing the debate by taking it seriously. And they do it by means of the same narrative device that kept them silent under communism: they tell the story of the prevalence of culture and the spiritual over everything political.