Suchergebnisse

Subsidiarity emerged in Europe in the practice of self-governing local communities. The subsidiarity principle is one of the most solid pillars of the societies' organization. According to the dictionary of the Spanish Real Academy (Academia Real Española), subsidiarity is "a favorable trend in complementary participation (subsidiary) of the State in private or community support activities". In recent studies on this principle it was concluded that subsidiarity is a polyhedral concept, taking into account its theological, philosophical, political, and not least, juridicial origins. Subsidiarity is a general principle applicable only to situations when it is recognized a shared competence between the Community and the Member States. Exclusive Community competence established by the Treaty is not recognized as being subject to subsidiarity. Subsidiarity is the level by which the society is released from the state's tutelage, is the way in which citizens agree to articulate and monitor state power so that it will not be in a position to nurture itself and ambition to produce and control the citizens

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 development of international online commerce has led to the shift of disputes arising mainly from electronic contracts in the online environment (Online Dispute Resolution, ODR).International commercial arbitration could not be an exception to this development.The digital foreign arbitral award rendered following an online arbitration (e-arbitration) may be enforced in case of voluntary non-enforcement on the territory of a foreign state, following the recognition and enforcement procedure. One of the reasons that the party opposed to the digital arbitral award may invoke to block this procedure is the lack of formal validity of the arbitration agreement concluded by electronic means. This article aims to examine the regulatory framework within which a state court will examine the formal validity of the digital arbitration agreement and the extent to which this ground for refusal of recognition can be found to be well-founded.

The aspects regarding the territorial delimitation of Cahul County are briefly examined. A new territorial circumscription was introduced in Romania, under the Administrative Law from 1938 – the land that included some counties. The Cahul County was a part of Lower Danube Land. There are analyzed the ways of the territorial delimitation accomplishment of Cahul County as the component part of the Lower Danube Land. The two archival documents which are relevant for the studied topic are presented in Appendix.

The treaties and the regulations of the Council of Europe offered greater protection to minors against the attacks on their lives and health. However, the effective implementation of this is carried out through national criminal laws. In the European countries, the criminal laws set certain infringements against the minor's life and health including aggravating offenses, which are committed by a certain person against minors. Some of them are similar, others, though, differ from one state to another, which consequently requires their unification to ensure a minimum of protection.

The theoretical and pragmatic potential of the constitutional regulations and the comparative analysis of the peculiarities related to the normative fixing and the ways of implementing the local public power in the CIS countries, which have a common historical past and similar trends on building national sovereign states, can serve as a confirmation of the institutionalization and the need for a specific form of public power called local power in a democratic society. The rationale for recognizing the local autonomy in the constitutions of the states is determined by the following circumstance, namely, the recognition of the local autonomy principle in the fundamental law of the states constitutes a guarantee that it will be developed and deepened into the national law. Without such a constitutional basis, the local autonomy cannot be successful. From this perspective, it is important to conduct a comparative study of the constitutional texts of the states because the national legislative systems governing this phenomenon are designed under the constitutional provisions. The modalities of placing the local power in the supreme laws differ from state to state. The comparative study of the constitutional texts was carried out based on the following criteria: a) the inclusion and ensuring the local autonomy in the constitutional text; b) the interpretation of the concept of local autonomy in the constitutional text; and c) the approach and recognition of local autonomy.

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 jurisdiction regulation applicable in the EU Member States has the vocation to
govern all civil and commercial legal matters, in the absence of express limitations provided in
its content. In addition to the general rule establishing the jurisdiction to settle a specific case
with internationality elements in favor of the courts of the defendant's domicile, the
Regulation also sets out a number of other special provisions, including, among others,
litigation arising out of consumer contracts. Special rules of jurisdiction have been set out in
this matter, in order to protect the consumer, who is considered the weaker part of the contract
from an economic and informational point of view. Exceptions to these special jurisdictional
rules have been also provided, given the significantly closer balance found in certain contracts
between the rights and obligations of the signatory parties, professional (economic operator)
and consumer.
This article aims to address the issue of the derogation from the special rules of
competence established in favor of consumers and, in particular, the interplay between these
derogations and the Directive on unfair terms in consumer contracts.

In order to develop a coherent legal framework in terms of territorial organization of public
power, it is important to elucidate the contents of the notions one operates with in this domain.
The conceptual incoherence on using the essential notions persists in the legal system of
the Republic of Moldova, which generates ambiguities and misinterpretations. To avoid such
situations, it is important to conceptualize the meaning of the essential notions with which one
operates both in the academic environment and in the system of public authorities.

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.

Territorial-administrative delimitation is a system of territorial organization, which serves as a legal basis for the functioning of local administrative institutions. Effectiveness of these institutions depends from rationality of territorial-administrative delimitation. Territorial-administrative delimitation follows location of local public administrative authorities at the first and second levels in a specific territorial, juridical and administrative framework for effective administration of locality, and in order to achieve principles of local autonomy and decentralization of public services. Under the chronological aspect, the process of territorial-administrative delimitation of the Republic of Moldova went through three distinct phases within two decades of independence: The first phase - perpetuation of centralized territorial-administrative delimitation of soviet type, which embraces the periods from declaration of Independence up to entry into force the Law no. 191 - XIV from 12.11.1998. Second phase - trying to build territorial-administrative system in the spirit of the principles of decentralization, which lasted from the date of entering into force of the Law no. 191 - XIV from 12.11.1998 until 29.01.2002, the date of entering into force of the Law no. 764191 - XIV from 27.12.2001. Third phase – returning to central territorial-administrative delimitation, which starts on 29.01.2002 and lasts till present. It is an axiom that the Republic of Moldova must give up the soviet system of territorial-administrative delimitation. It is more complicate to find the ideal model, which will correspond to new provocations that will face the Republic of Moldova in future. Determination of territorial limits of local collectivities is a very complex work and depends from a lot of facts. That is why, the judicious delimitation of territorial limits of local collectivities is important to consider the following moments: 1. Being by nature a matter of national interest, changing array of administrative organization of the territory of the state should be a result of public debates, determinedly with large participation of local authorities at the both levels as well as with citizens. 2. Territorial-administrative delimitation should be realized in a perspective of overall society development, as well as objectives and duties, which will return to administrative system in future. 3. The option for special model of territorial-administrative organization should be a result of one deep scientific survey. 4. For the delimitation of territorial-administrative units (as a number, structure, dimension, etc) can not be neglected social, material, financial and other nature costs, for short, medium or long term, that these activities involve and which the society must face. 5. Studying different models and practices of territorial organization of local autonomy has a great importance. Analyzing international practices in a matter of territorial delimitation, consequences of various options of local structures, such as studying arguments pro or contra of these structures in different states gave us the opportunity to establish that the process of territorial delimitation is determined not only by objective factors, but also by the subjective.

Secessionism is one of the important challenges in many contemporary societies. Sovereignty, International and domestic law, and human rights are only three concepts that could be affected by the emergence of secessionist dynamics. This article investigates the evolution of Catalan secessionist movement after the 2017 independence referendum. It uses process tracing to analyze the events that coincide with the evolution of the Catalan secessionist movement. The main findings reveal that while the EU does not encourage these kinds of movements, it does not agree with the solutions adopted by the Spanish's Central Government to solve the Catalan situation, and condemns the violation of human rights. Also, the Catalan independence movement can stimulate similar dynamics across other countries, which are not favourable to the EU cohesion.