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Criminal Treatment of Juveniles in the European Union
In: Studii Europene, Heft 2, S. 35-64
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.
Curtea de Justiţie a Uniunii Europene vs Ombudsmanul European
In: Studii Europene, Heft 1, S. 19-35
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.
Legislația Uniunii Europene privind protecția biodiversității
In: Studii Europene, Heft 2, S. 7-16
The article is an analysis of European Union legislation on conservation and protection of biodiversity. It emphasizes the achievements of the activity of the EU in this area, mainly the establishment of the Natura 2000 Network, examining the obligations of the Member States that are stipulated in the Birds and Habitats Directives. It points out to the integration of biodiversity protection in other fields of EU sectoral policies as well.
Mecanismul supravegherii sistemului financiar în Uniunea Europeană
In: Studii Europene, Heft 1, S. 64-83
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.
Cross-border cooperation between universities at external European Union borders and its contribution to European neighbourhood policy
In: Frontierele spaţiului românesc în context European, S. 440-459
The European continent, under the urge of the events generated by the process of building Europe that has led to an enlargement of the external European Union borders towards the east, undergoes a process of alteration. No matter on which side of the EU border they may be, the citizens of the European countries are entitled to enjoy the fruit of welfare, security and freedom. The development of a coherent neighbourhood policy in Brussels becomes an imperative resulting from the need for communication and cooperation amongst people and countries.
No matter the view on the European Union external border, the dialogue on all levels of the society through the means of inter-university cooperation is a factor providing the communication needed for good neighbourhood. Thus, the stiff borders fade away. By setting up a university network comprising both partners from within and outside the European Union, a bond is established over the external border of the community. From this point of view, inter-university cooperation at the external borders of the European community turns into a promoter of good neighbourhood values.
Factorii determinanţi ai fluxurilor străine directe de investiţii în Uniunea Europeană
In: Studii Europene, Heft 2, S. 82-89
Attracting of foreign direct investments (FDI) has becoming increasingly researched worldwide as they contribute to the economic growth of countries. The most important factors determining the choice of firms to expand internationally through FDI are: access to local resources, access to the domestic market, a high level of efficiency and strategic asset acquisition. The FDI flows of the European Union are still influenced by the global economic and financial crisis. In 2012 the FDI outflows decreased with 53 % as compared to 2011, registering their lowest level since 2004. The recovery will take longer than expected, mostly because of global economic fragility and policy uncertainty.
Factorii determinanţi ai fluxurilor străine directe de investiţii în Uniunea Europeană
In: Studii Europene, Heft 2, S. 82-89
In the article, the cooperation between the Republic of Moldova and the European Union in the field of green entrepreneurship is considered as mutually beneficial in the light of strengthening the competitiveness of both economies. The author reveals such main domains of the cooperation as ecoagrofood, bio- and renewable energy. There are also highlighted the key programmes and projects as outcomes of governmental, communitarian, international and corporate efforts related to cooperation. A special attention is paid to the identification of some problems regarding the development of green entrepreneurship in the Republic of Moldova. For solving them as well as making the cooperation in the field more systematic and synergetically positive, the author suggests the elaboration of a joint RM-EU Strategy for the Development of Green economy and entrepreneurship.
Statele membre ale Uniunii Europene: statutul special de participant la relațiile internaționale
In: Studii Europene, Heft 2, S. 27-36
The European Union is a rather new player in international relations. The European Union is neither a state nor international organization. With the accession to the European Union, the states transfer some attributes of sovereignty and, thus, the governing is done by the European Union mostly, taking part in its relations with third countries. At the same time, it contains some elements of the union (confederation, federation). Therefore, the European Union is more than an international organization. We find elements of the federation, confederation without being identified as such, being established on a system of organization. The European Union aims for integration of societies within a single economic, social, political, legal area. The European Union acts as a proper system based on an idea of creating strong Union bonds between the people of Europe, by establishing an internal market, an economical Union. The European Union, in its relations with the member states, keeps the ultimate goal that it has, being an international legal person, special competences, realizing common goals established with the member states. The legal basis of the European Union is represented by two treaties: the Treaty on European Union and the Treaty on the Functioning of the European Union. The well-known Lisbon Treaty represents legally an amending treaty of the previous legal instruments - a compromise between the need for reform, on the one hand, and the need to live in a united Europe, on the other hand. The member states of the EU relate to two legal systems. As a result of their participation in an international organization with supranational character, Member States of the European Union assume a number of commitments with repercussions to their state sovereignty. The Member States coexist with the European Union. The European Union has become, along with its Member States, a matter of international law; even if it shows itself as a conglomerate of states - international organization; it is a union of states established by state attributes, an entity more complex and powerful, with a higher importance with its relations with the Member States, but also with an increased influence on international arena.
Rolul judecătorului naţional în promovarea respectării drepturilor omului în cadrul Uniunii Europene
In: Studii Europene, Heft 1, S. 44-58
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.
Cooperarea dintre Republica Moldova şi Uniunea Europeană în domeniul antreprenoriatului verde
In: Studii Europene, Heft 2, S. 73-81
In the article, the cooperation between the Republic of Moldova and the European Union in the field of green entrepreneurship is considered as mutually beneficial in the light of strengthening the competitiveness of both economies. The author reveals such main domains of the cooperation as ecoagrofood, bio- and renewable energy. There are also highlighted the key programmes and projects as outcomes of governmental, communitarian, international and corporate efforts related to cooperation. A special attention is paid to the identification of some problems regarding the development of green entrepreneurship in the Republic of Moldova. For solving them as well as making the cooperation in the field more systematic and synergetically positive, the author suggests the elaboration of a joint RM-EU Strategy for the Development of Green economy and entrepreneurship.
Scurtă analiză a două cereri respinse de trimitere preliminară la Curtea de Justiţie a Uniunii Europene
In: Revista EuRoQuod, Heft 2
The preliminary ruling procedure is a useful tool that, over time, allowed the national courts to participate to the application of European Union law and contributed to this law system evolution. Our study reveals that the procedure is useful for both the national court and the litigant parties, as it clarifies both categories of participants on how should be applied the law of the European Union. However, the preliminary ruling procedure is subject to specific rules, very well systematized in the Recommendations to national courts and tribunals in relation to the initiation of preliminary ruling proceedings, a document issued by the Court of Justice of the European Union itself. Ignoring these recommendations led to the rejection, as inadmissible, of certain requests for a preliminary ruling, and this is a situation that should be avoided in the future.
Romania and the European Union: dynamics of the integration process: lucrările celei de-a VII-a Conferinţe internaţionale "Jean Monnet", 13 - 14 mai 2011, Iaşi
Volume contains the proceedings of the VII International Conference Jean Monnet (13 to 14 May 2011, Iasi), co-funded by the European Commission Jean Monnet Centre of Excellence Program in European Studies. Events held under the auspices and promoted by the Center for European Studies, every year, Europe Day, the present edition of the conference Romania and the European Union. Dynamics of the integration process and not only expose the general public, a number of issues facing European economies against the backdrop of the crisis. The volume was prepared with the assistance of several researchers, teachers, specialists in European studies from major universities of the country and the Republic of Moldova. Communications were made around three themes: Where does Europe stand?, Economic Challenges in Romania and EU During the crisis and The dynamics of structural changes and perspectives of integration process.
A manifesto on European criminal procedure law
In: Juridiska Fakultetens skriftserie 82
Concept of Europenistics and European Studies
The article considers the foundation and argumentation of Europenistics as a science or a scientific domain about processes, problems, perspectives of Europe, as a philosophy or a concept of contemporary European development in strong connection with concepts of Europeanism, Europeanity, Europeanization, European. It is made a correlation and a differentiation between Europenistics and European Studies. Also in article is studied in a concise way the complex and multidimensional content of Europenistics, highlighting the most important compartments such as: theoretical and practical aspects of Europenistics and European Studies; Europenistics in connection with the European integration issue; conceptual and philosophical aspects Europenistics in the context of European unification. A very important part of the article is dedicated to analysis of the conceptualization, definition, content and specific of European Studies as one of most important compartments of Europenistics. The article ends with some general conclusions regarding the necessity to continue the foundation and argumentation of Europenistics as a special, conceptual science about Europe, as a philosophy or a concept about contemporary European development.
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