Suchergebnisse

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.

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.

Such famous jurists as H. Kelsen, J. Chevallier, Giorgio del Vecchio, A. Hauriou, Mircea Djuvara, François Rigaux, Ion Deleanu, Tudor Drăganu etc. expressed their views on the principles of the rule of law, which persisted for several centuries. The rule of law is never a perfect reality and no country can claim to have achieved perfection, because the rule of law is not obtained easily, it is the joint effort of the state authorities, civil society, and all the citizens. José Manuel Durão Barroso stated that "The rule of law is the cornerstone of the European Union, there is no true democracy without the rule of law and without democracy the rule of law is just an instrument in the hand of the rulers". While the European Commissioner for Justice, Viviane Reding stated that "In parallel to the economic and financial crisis, we also have been confronted on several occasions with a true "rule of law" crisis. At the beginning of April 2014, in Innsbruck (Austria), was held the academic conference entitled "Strengthening the rule of law in Europe - from a common concept to mechanisms of implementation". On April 21, 2014, the European Parliament noted, according to Article 49 of the EU Treaty, Moldova, Ukraine and Georgia, as any European country can apply to become a member of the European Union, given that they realize the principles of democracy, the fundamentals of freedom, human and minority rights and ensure the rule of law. Thus, achieving the rule of law in Moldova was and will be a permanent and current task in the coming years.

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 the Human Rights Dialogue between the European Union and the Islamic Republic of Iran, the Bristih Institute of International and Comparative Law undertook a project on "Human Rights in International Law and Iran". One of the outputs of this project is the publication of the present book, designed as a practical guide and reference book for foreign jurists and human rights defenders ... (Quelle: Text Verlagseinband / Verlag)

Background and Aim: About one-third of Iranian children mortality is caused by injuries from which 36% occur due to road traffic injuries. Using child restraint embedded in vehicles can reduce road traffic fatalities by 71% for neonates and 54% for children. Based on its effectiveness in reduction of fatality and prevention of injury severity, child restraint usage mandatory law is a priority. Therefore, this study was conducted to assess opportunities and threats to mandatory law of child restraint usage in Iran. Materials and Methods: Initially, a mixed methods research is carried out by a phenomenological qualitative study, a discussion session by traffic injuries' stakeholders was performed to assess & discuss the opportunities and threats to mandatory law of child restraint usage in Iran, by brain storming method to find the themes in the related topic. A structured questionnaire is later prepared and completed by the stakeholders in the area of road traffic injuries. Assigned scores of 0-100 were considered for each response and analysis of results was performed according to target themes & the total score of the filled questionnaires.Results: Overall, 28 stakeholders participated in the study. According to the stakeholders, traffic police department obtained the highest score of 90 (from 0-100) as an organization to establish the mandatory law of child restraint usage, and acquired the score of 100 for future enforcement and monitoring. As threats and obstacle to the mandatory law of child restraint usage, lack of television and media campaigns and child restraint law and legislation, obtained the highest scores of 85 & 70 respectively. And family sensitivity to their children's health, officials' support and national facilities for broadcasting, and community awareness to use child restraints had the highest scores among existing opportunities and facilities in the country, by scores of 83, 69 and 68 respectively.Conclusion: Due to sensitivity of the family about their children's health & safety, and officials' support to safety establishment through media campaigns, implementation and applicability of child restraint usage laws and legislations, and subsequent enforcement and monitoring seem practical. ReferencesIsna.ir/fa, 13th May 2012.National Center for Statistics and Analysis. 2003, www.nhtsa.dot.gov.Global status report on road safety: time for action. Geneva, World Health Organization, 2009. (www.who.int/violence_injury_prevention/road_safety_status date of access 12 September 2012.Jacobs G, Aaron­Thomas A, Astrop A. Estimating global road fatalities. 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