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 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)

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.

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.

This article is based on three hypotheses. First, the legal requirements for
establishing political parties in Romania are among the most restrictive in Europe.
Second, electoral participation decreased globaly during the last two decades;
however, when a party succeeded in registering and endorsed a non-ideological
position, the electoral participation slightly increased; so, if the legal requirements
will be relaxed, new parties might emerge and a greater participation to the
elections might be taken into consideration. Third, the current legal procedure
for registering political parties contradicts the constitutional provisions on the
freedom of association and the right to be elected. In the light of this findings, the
article suggest a revision of the current legislation.

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.

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.

In Romania, the national provisions transposing EU Framework Decision 2008/909 / JHA
on the application of the principle of mutual recognition in the case of judgments
in criminal matters which impose punishments or custodial measures for the purpose
their execution in the European Union are found in Title VI of Law no. 302/2004, regarding the judicial cooperation
Those provisions must be interpreted in the light of the text and the purpose of the Framework Decision, according to the principle of conforming interpretation, and also taking into account the jurisprudence of the CJEU in interpreting the same Framework Decision. The article presents national case law regarding practical issues on different aspects of the application of Framework Decision 2008/909 /JHA and CJEU case law.