Suchergebnisse

In Romania, the national provisions transposing EU Framework Decision 2008/909 / JHA
on the application of the principle of mutual recognition in the case of judgments
in criminal matters which impose punishments or custodial measures for the purpose
their execution in the European Union are found in Title VI of Law no. 302/2004, regarding the judicial cooperation
Those provisions must be interpreted in the light of the text and the purpose of the Framework Decision, according to the principle of conforming interpretation, and also taking into account the jurisprudence of the CJEU in interpreting the same Framework Decision. The article presents national case law regarding practical issues on different aspects of the application of Framework Decision 2008/909 /JHA and CJEU case law.

This article attempts to analyze how the bureaucratic principles of organizing public administration evolved from Max Weber to public administration at the beginning of the 21st century. It is mentioned that M. Weber's formulation regarding the ideal type of bureaucracy is a classic approach of public administration. Public administration practice confirms that bureaucracy is not as predictable and clear as described in M. Weber's theory of bureaucracy. Unlike the ideal model of bureaucracy developed by M. Weber, the current system of public administration is an open system and incorporates much more complex features. This fact is conditioned by a series of factors that influence the activity of the public administration including: the level of development of democracy, economic and social development, information technologies, leadership style, administrative culture, professionalization of civil servants, etc.

This study aims to answer the question whether Christian Orthodoxy can inspire political movements. In so doing we start from the political theories of modernity where the link between Christianity and democracy is central. Our result sounds unexpected: interaction between Orthodoxy and democracy seems to not have a perspective. It is too late for it since most political movements in post-communism do not have the religious identity of their members as criterion. The situation was not different before. As an example the effort of the orthodox theologians and laymen in Romania before the outbreak of the Second World War is quoted here. Almost without an exception all focused and restricted their interest on the question of the nation. Therein we see the principal reason for the above postulated perspective of an orthodox political doctrine until now. On the European level the situation looks also no better. Even the parties, which attribute themselves the Christian values, have at present large difficulties to convey their message. It remains only to hope that the political actors rediscover the social and actively support the Christian ethics in the public area. Only so can democracy be regarded as one of the most important binding forces also under the Christians.

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.

Choosing arbitration as a way of resolving legal disputes, it involves the guarantee of principle regarding contractual freedom. This principle is also established in ECtHR's jurisprudence. In this situation the question is whether the court can impose or sanction an arbitration decision that violates the ECtHR rules. Under the ECtHR's jurisprudence, it is not necessarily an arbitration decision to be canceled because it did not correspond to all the guarantees of Article 6. Each contracting State, in principle, can decide the reasons an arbitration decision should be annulled or not. An arbitration agreement, reached between the parties, restricts voluntarily the right to access to courts and dispute settlement in accordance with their rules of procedure. Thus, the parties to an arbitration agreement must be "fully aware" of giving up this fundamental right and once validly waived this right, they cannot plead infringement of it. European Convention on Human Rights is binding on judges only indirectly, only the proceedings of the court in connection with the arbitration proceedings are subject to the European Court of Human Rights, but not the arbitration procedure itself. So, ECtHR in Article 6 (1) of the Convention is not directly imposed to arbitration courts, but obliges courts of contracting states to establish appeal against arbitral order to verify the correctness of the arbitration proceedings and to quash decisions that disregard the fundamental procedural guarantees laid down in the European Convention on Human Rights.

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.