Suchergebnisse

In Romania, as wel as in all Member States, the judicial cooperation in criminal matters regarding the execution of the european arrest warrant and the surrender of the sought persons in the context of the COVID-19 pandemic was affected and was assesed on a case-by-case basis. Generally, the non compliance with the surrender deadlines or the postponing of the surrender based on serious humanitarian reasons lead to the release of the sought persons without taking alternative measures in order to prevent absconding, giving the fact that there are no national legal basis to take such measures in this type of situations.

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.

In international relations, international security combines that set of international relations that ensures global stability. In other words, international security is a state in which states are not threatened by war or by any breach of their sovereignty or independent development by other states. In accordance with the UN Charter, the Security Council currently has the main task of ensuring world peace, also having the sole right to impose sanctions against aggressors. The idea of international security, its realization in practice is determined by historical, economic, political, social conditions, as well as other factors. The problem of international security arose with the formation of the state institution, being always close to the problem of war and peace. Over time, there has been a change in the ability to analyze and report security issues. Along with these, both the policies and the security strategies of contemporary societies have undergone a process of metamorphosis.

The article surveys the various stances taken in interwar Romania towards the contemporary international - particularly French - trends of legal and political theory meant at counteracting the shortcomings manifested by the legislative patterns of Napoleonic provenance when confronted with the exigencies of expanding associational life and the need of growing state intervention in the sphere of the relations between economic factors. The crisscrossing visions of federalist syndicalism and, respectively, juridical socialism - exposed most conspicuously by the legal philosophers Léon Duguit and Emmanuel Lévy - are shown to receive various evaluations in the local milieu, from the part of authors connected with the leading journal of the Romanian Social Institute and otherwise (and always by reference to the predicament of social reform in the national space). It is highlighted that the impact of the ideas involved in the debate was broader and more diffuse than one could assume when taking into consideration only the outspoken - and partly obsolete - objectives and premises of the argumentations in question.

Subsidiarity emerged in Europe in the practice of self-governing local communities. The subsidiarity principle is one of the most solid pillars of the societies' organization. According to the dictionary of the Spanish Real Academy (Academia Real Española), subsidiarity is "a favorable trend in complementary participation (subsidiary) of the State in private or community support activities". In recent studies on this principle it was concluded that subsidiarity is a polyhedral concept, taking into account its theological, philosophical, political, and not least, juridicial origins. Subsidiarity is a general principle applicable only to situations when it is recognized a shared competence between the Community and the Member States. Exclusive Community competence established by the Treaty is not recognized as being subject to subsidiarity. Subsidiarity is the level by which the society is released from the state's tutelage, is the way in which citizens agree to articulate and monitor state power so that it will not be in a position to nurture itself and ambition to produce and control the citizens

Nowadays, criticism of the UN is related to excessive bureaucracy, to the parallelism in the functions of many of its structures. In addition, the UN is accused of reacting more to crises than preventing them. The selective interest of the United Nations in conflicts in different regions of the world gives reasons to assert the presence in its activity of double standards. Especially, the UN authority has been greatly undermined by such events as the United States's actions in Iraq and Yugoslavia, after which many have questioned international law in general and United Nations, in particular. Thereat, there are a lot of statements that the United Nations is in the deepest crisis and there is a set of proposals and views on the content and essence of the need for UN reform. In this article, the author argues the opportunity of UN reform, elucidating some current gaps in the work of this international organization and coming up with concrete recommendations to remedy them. ; Țarălungă, Victoria. Reforma organizației națiunilor unite – un imperativ al secolului XXI / Victoria Țarălungă // Conferinţa naţională cu participare internaţională "Ştiinţa în Nordul Republicii Moldova: realizări, probleme, perspective", ed. a 3-a, 21-22 iun. 2019. – Bălţi, 2019. – P. 465-473.

Nowadays, criticism of the UN is related to excessive bureaucracy, to the parallelism in the functions of many of its structures. In addition, the UN is accused of reacting more to crises than preventing them. The selective interest of the United Nations in conflicts in different regions of the world gives reasons to assert the presence in its activity of double standards. Especially, the UN authority has been greatly undermined by such events as the United States's actions in Iraq and Yugoslavia, after which many have questioned international law in general and United Nations, in particular. Thereat, there are a lot of statements that the United Nations is in the deepest crisis and there is a set of proposals and views on the content and essence of the need for UN reform. In this article, the author argues the opportunity of UN reform, elucidating some current gaps in the work of this international organization and coming up with concrete recommendations to remedy them. ; Țarălungă, Victoria. Reforma organizației națiunilor unite – un imperativ al secolului XXI / Victoria Țarălungă // Conferinţa naţională cu participare internaţională "Ştiinţa în Nordul Republicii Moldova: realizări, probleme, perspective", ed. a 3-a, 21-22 iun. 2019. – Bălţi, 2019. – P. 465-473.

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.

The aspects regarding the territorial delimitation of Cahul County are briefly examined. A new territorial circumscription was introduced in Romania, under the Administrative Law from 1938 – the land that included some counties. The Cahul County was a part of Lower Danube Land. There are analyzed the ways of the territorial delimitation accomplishment of Cahul County as the component part of the Lower Danube Land. The two archival documents which are relevant for the studied topic are presented in Appendix.

The theoretical and pragmatic potential of the constitutional regulations and the comparative analysis of the peculiarities related to the normative fixing and the ways of implementing the local public power in the CIS countries, which have a common historical past and similar trends on building national sovereign states, can serve as a confirmation of the institutionalization and the need for a specific form of public power called local power in a democratic society. The rationale for recognizing the local autonomy in the constitutions of the states is determined by the following circumstance, namely, the recognition of the local autonomy principle in the fundamental law of the states constitutes a guarantee that it will be developed and deepened into the national law. Without such a constitutional basis, the local autonomy cannot be successful. From this perspective, it is important to conduct a comparative study of the constitutional texts of the states because the national legislative systems governing this phenomenon are designed under the constitutional provisions. The modalities of placing the local power in the supreme laws differ from state to state. The comparative study of the constitutional texts was carried out based on the following criteria: a) the inclusion and ensuring the local autonomy in the constitutional text; b) the interpretation of the concept of local autonomy in the constitutional text; and c) the approach and recognition of local autonomy.

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.