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 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.

This study depicts the biography of a young communist (Ion Călin) who volunteered for the International Brigades in Spain, and thus it features – within the historiography of the topic – the destinies of the antifascist Romanian combatants. Since the vast majority of these combatants was composed of members and supporters of PCdR, the regime of popular democracy honored and glorified them after March 6, 1945, in the same vein as those Communist inlanders who were repressed by the "bourgeois regime". The Romanian Communists who fought in the French Resistance received a similar treatment. After 1989, the names of the Romanian volunteers who had joined the cause of the Spanish Republicans went in the shadow due to their political affiliation to a party utterly compromised in the eye of the public. This study also deals with a broader context, including international politics, the reasons behind such an enthusiasm binding young people to go abroad to a front at over 2.000 km, the social strata they derived from, PCdR's efforts to organize and send combatants across the borders, Ion Călin's clandestine journey to the Iberian peninsula (via Czechoslovakia, Austria, Switzerland and France), as well as details of the fights of which he was a part of during the war.

This study depicts the biography of a young communist (Ion Călin) who volunteered for the International Brigades in Spain, and thus it features - within the historiography of the topic -
the destinies of the antifascist Romanian combatants. Since the vast majority of these combatants was composed of members and supporters of PCdR, the regime of popular democracy honored
and glorified them after March 6, 1945, in the same vein as those Communist inlanders who were
repressed by the "bourgeois regime". The Romanian Communists who fought in the French Resistance received a similar follow-up. After 1989, the names of the Romanian volunteers who had joined the Spanish Republicans' cause went in the shadow due to their political affiliation to a party utterly compromised in the eye of the public.
This study also deals with a broader context, including international politics, the reasons
behind such an enthusiasm binding young people to go abroad to a front at over 2.000 km, the social
strata they derived from, PCdR's efforts to organize and send combatants across the borders, Ion Călin's clandestine journey to the Iberian peninsula (via Czechoslovakia, Austria, Switzerland, or France), as well as aspects and details of the fights of which he was a part of during the war.

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.

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.

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)

Mihai Gotiu investigheaza Afacerea Rosia Montana de peste 11 ani. A realizat sute de interviuri, a facut numeroase drumuri si a locuit luni la rând la Rosia Montana. A participat la conferinte nationale si internationale pe aceasta tema. A strâns o documentatie impresionanta despre alte exploatari similare din întreaga lume si despre metodele înstrainarii resurselor României din ultimele decenii. A intrat în posesia unor documente interne ale companiei miniere, corespondente diplomatice si strategii de lobby care indica implicarea unor persoane importante de la Washington, Londra, Bruxelles, Bucuresti si din conducerea NATO în derularea Afacerii. A urmarit îndeaproape modul în care s-a format, a actionat si s-a dezvoltat miscarea de rezistenta, fapt care i-a permis sa prezica, înca din 2007, ca Rosia Montana va deveni cea mai importanta miscare civica din România si sa indice, cu doua luni mai devreme, momentul si amploarea protestelor din toamna lui 2013. Pentru articolele legate de subiectul Rosia Montana, a fost premiat de societatea civila la Green Awards 2011 si de profesionistii din presa la Gala SuperScrieri 2012.

At the end of World War I, Germany was neither politically, nor culturally
"attendable", for most of the European countries. In this context, one of the main
cultural aims of the Weimar Republic will be the resumption of the cultural and
academic relations with other countries. The foreign students were invested with a
major role in this respect. The Weimar Republic has taken institutional and financial
steps in order to intensify the student migration and to repopulate its universities
with foreign students, measures that have paid off in the mid 20s. In 1925, the
percentage of foreign students in Germany reached again the pre-war level. The
groups of foreign students best represented in the German universities were the
Romanians, the Bulgarians and the Polish. The paper also takes a look at the
evolution of the foreign students in Germany during 1918-1933, focusing on their
country of origin, the preferred institutions of higher education and fields of study,
as well as on the presence of female students from foreign countries in Germany.

In the article the author tackles a contemporary issue that is important for institutional strengthening of the Republic of Moldova. Developing a mechanism for efficient interaction of institutions of state power with political parties, ruling ones and in opposition, with the groups of interests, especially those institutional and associative, represents a strategic objective for the Republic of Moldova. Assessing institutions with "rules of the game", the contemporary political science updates the significance of the Constitution for organisation and good unfolding of the political process, for ensuring stability and at the same time dynamism of the socio-political system. The conclusions of the investigation of complex issues like dynamic political processes, functionality of political institutions in conditions of instability / political crisis, contain an educational, instructive message, important for the political actors of the Moldovan society.