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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
