Suchergebnisse

Arbitrajul privat voluntar nu mai este o metoda alternativa de solutionare a litigiilor. Acesta a devenit o metoda uzuala de solutionare a disputelor, o mentalitate de interpretare a textelor legale si, poate, un mod de viata. La prima vedere, lucrarea are un caracter exclusiv juridic. Resorturile scrierii acestei lucrari nu au fost numai juridice. De altfel, a scrie despre arbitrajul privat voluntar numai din perspectiva juridica echivaleaza cu neîntelegerea finalitatii acestuia. Solutionarea litigiului arbitral nu este un mestesug, ci este si devine permanent o arta. Aceasta din urma perspectiva a constituit adevaratul resort al scrierii prezentei lucrari. Elementul de noutate al lucrarii îl constituie analiza pragmatica, dar livresca si, totodata,exclusiva a textelor procesual-civile romane referitoare la arbitrajul privat voluntar.

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.

Contributed articles presented in a seminar on communist movement magazines in Tamil; organised by International Institute of Tamil Studies in collaboration with New Century Book House and Ṭākṭar Mā. Irācamāṇikkan̲ār Ital̲iyal Āyvumaiyam, Chennai, held during April 10-11, 1999 at IITS, Chennai

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.

Universal Declaration of Human Rights is an essential reference to human rights and freedoms. Both the Declaration and the Constitution obliges authorities, especially justice and therefore constitutional justice to respect fundamental rights and freedoms, including those through which is ensured protection of personality's spiritual side. The right to a fair trial has a special place among the fundamental rights in a democratic society, whose level should be inherent in any system of law. The right to a fair trial in an independent and impartial court is recognised in customary international law so that those states that have not yet ratified the international instruments are also bound by law and the judicial system to adapt their legislation appropriately. The right to a fair trial has several components such as access to justice, a fair and public case in a reasonable time, examination of the case by an independent and impartial court, established by law, advertising delivery decisions. The right to be tried by an independent and impartial court is so elemental, exciting Human Rights Committee status as an "absolute right not bear any exception". The right to a fair trial also means a reasonable opportunity to expose any part of his case to the court in a manner that does not disadvantage the opposing party, which is achieved by ensuring its rights of defense. Parties have the right to be assisted by an attorney, elected or appointed by office. Realisation of the right to defense is ensured by the organisation and functioning of the judiciary, which is based on the principles of legality, equality of parties, gratuity, collegiality, publicity, immutability and the active role of the court. To enact a law the court as part of a fair trial takes into account the competence to hear the case, both materially and territorially. In this context, statutory legislation provisions are clear and precise, clearly delineating the powers of courts, the costs involved in the administration of justice. To understand and respect the provisions is of paramount importance in realisng the right - a prerequisite to the existence of balanced and harmonious society.

The Red Devils, chocolate or beer and the King, such is the typical answers given to the oft-asked question of what is still holding Belgium together. To these three symbols, two extra elements are often added: the debt and Brussels, the capital of the country and of the Flemish Region/Community, the French Community (politically but not constitutionally the Wallonia-Brussels Federation), the European Union (to be more specific, one of the three capitals, along with Strasbourg and Luxemburg), while being as well the seat of the Brussels Capital Region. Generally, the list of factors of unity in Belgium ends with this short list. Is it already too long, or on the contrary, is it really too short? This is the main question of this chapter. Paradoxically, although this question often arises, there are very few scientific writings analyzing it. To do so, this chapter will discuss six sets of factors: historical, identity, socio-economic, political, international and symbolic. Nonetheless, it is important to take into account that such enterprise seeks to be informative and not prescriptive. This chapter does not assume that Belgium should be united. There are several points of view about what Belgium should be, and this contribution merely wishes to nurture the political debate by conveying an original approach on six types of factors.

After years of political crises and negotiations, the deep-rooted conflict between Dutch- and French-speaking parties recently led to the 2011 agreement concerning a further reform of the Belgian state. This reform mainly furthers decentralises the – already federal – state structure, including the allocation of additional competences and fiscal powers to sub-national entities (Regions and Communities). But this new state reform also brings about a radical reform of the upper house: the Belgian Senate. Since 1995, the Senate was composed of three different types of members: Senators directly elected by two linguistically separated electorate (the Dutch-speaking and the French-speaking electorates), Senators indirectly elected by the Community parliaments and Senators coopted by the two other types. The French- and German-speaking linguistic minorities had a fixed amount of seats in this assembly. The reform of the state radically changed the legislative competences of the Senate and its composition as its members will now be designated by Regional and Community parliaments (plus 10 coopted senators). Broadly speaking, the appointment of the majority of the Senators moved from a system of direct and language-based election to a system of indirect and mixed regional and language-based designation. This change is not without consequence for the representation of linguistic minorities. In May 2014, regional, community and federal elections will be organised in Belgium, testing for the first time this new system of designation of Senators by regional and community parliaments. This paper intends to present the 2013 reform of the Senate in Belgium and its consequence for the representation of linguistic minorities. The situations before and after the reform of the Senate will be compared, not only in terms of the way Senators are appointed but in terms of its consequence on the linguistic aspects of the regional and community elections campaign and of the profile of the appointed Senators.

Based on extensive fieldwork, this study provides an empirical and theoretical analysis of the debates on Republic of Moldova's foreign policy towards Romania. The author argues that Moldovan political actors involved in foreign policy debates are split into three main groups: Russophiles Europeanizers, Westernizers Romanophiles and Pragmatic Moderates. The study identifies two major themes of debate: a symbolic perspective emphasizing the ethnical origins of the Moldovans and the reunification issue and a pragmatic approach aiming at forging an economic partnership with Romania in order to facilitate Moldova's European integration.