Suchergebnisse

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 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.

The history from ancient times to the present has demonstrated the inherent conflict in inter-human relations. Conflicts are a result of the interaction and communication of individuals, so they persist as long as man is. At present, conflicts are greatly influenced both by the nature of the people and by the specific nature of the work of social-political organizations and institutions. The issue of conflicting conflicts and situations has become a key issue for many philosophers, psychologists, sociologists, political scientists, etc. But regardless of the high interest and long history there is no unanimously accepted understanding of the essence and nature of the conflict. The political sphere is a specific area that has a permanent and obviously conflictual character compared to other spheres of social life. Its origin is in the very nature of political relations, as relations of power, which presuppose the leadership of some and the subordination of others. That is, the power relations are based on the dominance of some people and their interests over others, which gives birth to clashes and confrontations. Political conflicts are a consequence of confrontations in a complex and multi-level system of leadership and subordination. This article will determine the conceptual, functional and structural dimention of conflicts, in particular will analize the multitude of theories that explane the expression of the conflicts in social and political life, constructive and negative approaches on functions of conflicts, dynamical dimension and paerticularites of political conflict management.

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.

In the context of internationalisation the national issues regarding the restitution of nationalised immovable goods in different stages of history, the subject at hand, represents a pioneering analysis of a complex national reality. Recent practice of Romanian courts has revealed a delicate problem that is apparently the object of debate and resolve of the national and international academic environment. Through the analysis the author tackles the problem of discrimination that is committed by the national law that regulates the matter of restitution of goods that were abusively taken over by the state, from the point of view of the theoretician, as well as the practitioner, pointing out the necessity of direct cooperation with the European courts. The negative discrimination, resulting from the art. 36 of 18/1991 law, can be analysed as an objective and rational justification that would allow the direct practice of the European convention of human rights concerning the litigations about "Land Act" (Law no. 18/1991)

The study presents in-depth interviews with decision makers from the Polytechnic University of Timisoara on the involvement of students in practice, research activities, their support for employment, the relationship with the faculties after graduation and the prospects for the coming years.

This article presents the relation of East European artists with the Secret Police
institutions. While focused on the Romanian case, several examples from
Poland, Czechoslovakia and Bulgaria help place the topic in a regional context.
The analysis includes both the viewpoint of the Secret Police on the artistic
world as such, as well as the gazes of artists on the reality of their time. The
conceptualization of artistic surveillance includes three types of examples: the
deconstruction of the officially fabricated reality, the focus on the details of the
everyday life forbidden by official propaganda, and the reflection of artists on the
secret police apparatus. The conclusions of this study show that the investigation
of artistic artifacts together with the secret police archives can help bring a new
perspective on the limits of domination exerted by the communist regime.

Since its origins, in the context of the Cold War's beginning, NATO has been a robust defensive alliance, acting in accordance with UN Charter, as a collective defence structure based on solidarity and mutual trust. Nowadays it has 28 member states and one can say that it fulfilled its main role: to protect the West against communist/Soviet threats using the deterrence and containmemt tools. Neither USSR nor its main instrument, the Warsaw Pact dare to attack the Euro-Altantic area. Our main assumption is that because the specific national interests of each member state, because of the domestic-constitutional issues and bureaucratic obstacles, the Alliance cannot yet forge a common strategic culture for all its members and also lacks a common lens for detecting real risks and therats, be they nation states or non-states actors. Nowadays, Russia and Islamic State are the main adversaries for the Western states, thus NATO should be more effective in dealing with them. And there is a need for reform and transformation. Divergences between adepts of territorial defence and those of pro-active "out of area" missions go in addition to divergences concerning the neeed for increased defence budgets for all members and especially concering the attitude towards Russia. Moscow used economic and energy tools trying to divise some allies like Hungary, Greece and Bulgaria and it partially succeeded. Using some theories of alliances and of democratic peace, resorting to recent facts and figures related to NATO's activities and plans, will help the reader understand the problem of increasing the power vs. increasing the security dilemma and the prospect of future conflicts.

Created by the Hungarian Minister of Instruction and Religion in an attempt to depopulate the Universities of Hungary from the big number of auditors, the Romanian Era of the Law Academy of Oradea began with two academic years, 1919-1920 and 1920-1921, of transition from the Hungarian authorities to the Romanian ones. Due to the efficiency of the Dirigent Council of managing the issues of the Transylvanian education, during 1919 and the first half of 1920, the Academy's activity was not interrupted. The students could continue the studies in similar conditions as those existing before 1918, fact that helped many of them sustain both, the main exams, the final state ones and those of Justice. At the end of the three transitions years, the education institution of Oradea was able to begin the academic year 1921-1922 in normal conditions.

This study proposes an analysis of how the National Liberal Party (PNL), the National Peasant Party (PNT) and the National Christian Party (PNC) used caricatures, lyrics or electoral posters to build a more favorable image of their own party or compromise the opponent. Based in particular on the sources existing in the official party press and the so-called independent one, we proceeded to a description of the three elements, including the meanings and messages intended for the electorate. With a predominantly rural population (over 80%), poorly educated in regard to civic issues, caricature and electoral lyrics were used in particular by the PNT and the so-called independent press to attack the ruling party, as well as the formation of A. C. Cuza and Octavian Goga, and to target those with a nationalist-peasant affiliation. Through the three types of confrontation, the parties in our study have endeavored to transmit as effectively as possible the eccentric populist and manipulative messages aimed at attracting thousands of voters. Although both the national and the nationalist-peasant press used caricature and versification as a political weapon, there are immense differences between the contents of the two camps, the caricaturist Petrică Lazar and the anti-Semitic poet Vasile Militaru - known also under the pseudonym of Radu Barda - preferring the construction of satirical images and poems that contained huge doses of grotesque, beliefs and prejudices about the Jewish minority.

The Jews of Hungary had to face difficult situations at the end of the war. Before the Holocaust, they were approximatively 756 000-800 000 people in the extended Hungary, so it shows Tamás Stark in the study Hungarian Jewry during the Holocaust and after liberation. From them almost 600 000 died during Nazi and Hungarian persecutions. Budapest was an important train station for the returned Jews. Once they arrived in Hungary they saw that the series of difficulties continue. They were in impossibility to regain their old houses, they did not have sufficient money to survive. They were helped by the international organization Joint Distribution Committee to survive. Hungarian antisemitism was a feeling that did not manifest all of a sudden, it grew in time. The interwar period time was a time when this antisemitism manifested itself including through the law numerus clausus which limited the number of Hungarian students in universities and which was imposed in these years. Antisemitism was abolished immediately after the end of the war. Most Jews chose the path of assimilation in Hungarian communist state in spite of the persecutions which they had suffered before. A new system was emerging on the horizon, the communism, which promised the equality of all citizens in the Hungarian state, no matter of their ethnic background. A lot of Jews accepted this system and chose to keep secret the fact that they were Jews and did not tell their children about their origin.

Divorce, common-law marriage and illegitimacy (irrespective of its forms) were, no matter the society typology as the phenomenon is approached, forms of social deviation that entailed the dilution of the family image and norms. We do not discuss here about a dilution of the traditional norms concerning family, as someone might misunderstand, it was an erosion of the idea of family in general. The "family" could acquire different forms as compared to the "official" one. Paradoxically, all these were not only the result of personal emancipation, when the youth broke from the traditional norms, which were strongly influenced by religious norms and values, and would have got involved in "dangerous and shameful relationships". The peasant "forgot" to marry his woman not out of emancipation. The theory of personal emancipation leading to the erosion of the idea of family through the dilution of traditional norms, which was valid from the urban perspective (here, due to the affirmation of modernity, the alterity of religious norms led to such relationships), was not supported in the peasant countryside.
The Church fought all these. In fact, the bishopric sent guidelines to priests to take steps against common-law marriages very often. Despite priests' endeavours, the results were not considerable. Few priests could boast (after the first recommendation) in their subsequent parish report to have significantly contributed to diminishing the number of common-law marriages in their parish. The Church faced another issue brought about by its long debate with the State to control the act of marriage. The marriage laws set out in 1894 were the most complex laws regulating the political-religious relations in the matrimonial field in the second half of the 19th century. Due to their clarity, they managed to put an end to the conflicts between the lay and church authorities. Moreover, the debate concerning matrimonial issues for different confessions ended, too, in favour of the State. The State managed to impose its authority in the matrimonial field. The Church was thus compelled to accept the increased competence of the State by introducing the civil documents. All these caused mutations that triggered very different behaviours. Nevertheless, the Church kept imposing religious marriage, divorce and re-marriage for all its parishioners. In such a situation, by analysing the evolution of common-law marriages from the perspective of the Church, we may notice that, on the level of the whole area we focused on, there was a greater easiness in approaching religious marriage after 1895, once the compulsory civil marriage was imposed. The perception of the divorce also changed when the civil matrimonial law was introduced at the end of 1894. Through a last effort, as the Church did not acknowledge lay divorce, they did not grant the right to a second marriage to the individuals. Moreover, from the perspective of the Church, the possible future marriage was considered as a mere common-law marriage, although the State approved of the divorce and the second marriage in which a divorced partner was involved.

Although many institutions were involved in the cultural diplomacy of the Romanian communist regime, a very consistent part of the artistic exchanges with the East and the West were mediated by the Union of Artists. This paper would like to highlight the important role the Union played in framing the artistic exchanges with several "capitalist countries" and "popular democracies", by looking at several agreements of collaboration between Unions or similar institutions. More precisely, we will look at the variations regarding the form and the quantity of exchanges that were established through such official documents and which referred mainly to exchanges of persons, informations or exhibitions. We will also look at the way these were organized in practice: the study of the travel reports, informative notes or daily programs that were produced on such occasions shows that these exchanges were systematically surveilled and politically motivated. A preliminary analysis of these allows us to observe the Union's interests regarding the East and the West and suggests that the Romanian Union of Artists contributed to the expansion, the regulation and at the same time the control of the cultural contacts with foreign countries.