Suchergebnisse

The structural-functional features of the European political system are analyzed. The author correlates the structure and the functions of the national political system with the functionality of the European supra-national structures. The efficiency of the decision making process and the functionality of any type of political system is influenced by the level of political culture and the degree of maturity of the political actors. The need to correlate interests of different states: EU members, candidates or those in process to adhere to the EU, determines the supra-national structures: European Council, European Union Council, European Parliament, EU Court of Justice, EU Court of Accounts, European Central Bank to honor honestly and responsibly their functions, respecting democratic principles of political communication, of cooperation and co-work. In conclusion, the author states that the European political system is functional, efficient, viable due to the capacity of institutions to ensure a dynamic stability both at community level and national one. The fact that at the moment the European Union is an international political actor with legal status and its components (Member States) that share the same rights and obligations represents a unique experience, interesting for the contemporary political theory.

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.

Cinematography was deliberately organized, financed and oriented towards the purposes of the system and consequently became the most effective element of political and cultural pedagogy. The synchronic correlation between word and image, the power of visual suggestibility, empathy as an emotional response to the actors' performance - all these had immediate effects on the collective imaginary, on the perception of reality as a social and identity-forging project determined by the emergence of the ideological discourse. The Romanian socialist cinematography from the time of Ceauşescu synthesized and systemized a coherent and explicit system of values wherein it integrated the message of literary and other artistic works, of variegated forms of cultural expression, so that Romanian cultural axiology could find new possibilities to stand out in strict dependence to the institutional and optional structures of mass culture. The cinema per se thus became a sort of pedagogy for universal use, rendering the past heroic, as it exacerbated the national ego via the instruments of entertainment. Highly permeated ideologically and quasi entirely subordinated to the Communist cultural policies, the cinema production, carried out because of the appeal to emotions and collective memory, thus became part of the official discourse and orientated its issues, especially after the 11th Congress of RCP, according with the political and ideological interests of the national Communist project. The analysis focuses on the Romanian historical films with subjects and episodes relevant for the ancient and mediaeval history, in relation with the efforts of identity reconstruction, coordinated during the Communist regime in relationship with the project of the socialist nation's building and, after 1989, in relationship with the attempt of reconsolidating, sometimes from a radical perspective, the nationalist mythologies. Socialist patriotism thus incorporated many stereotypes drawn out from the ante-bellum, as well as from the inter-bellum Romanian spirit: the lyric of self-identification expressed by the film soundtrack and by the majestic character of the heroic gestures, the heroic epic obvious in the popular ballad pattern of pre-modern nature, the activist pedagogy specific to all forms of identitarianism. Despite all this ideological infusion, the mythology of Romanian historical films during the Communist nationalist times remains one of a sadistic-masochistic nature, cultivating the fear towards the Other, fatalism, expectation and obedience, all chronic and historicized.

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.

The EU crisis has brought about fundamental impacts on the constitutional framework of the EU governance. The internationalization of EU law, the strengthening of the intergovernmental form of decision making with the crucial role of the European Council and the corresponding weakening of parliamentary bodies can be seen as symptoms of a shift of the EU towards an executive form of federal governance. However, this trend may not be interpreted simply as a 'return' of the sovereign state as the key actor within the European polity, as it might be according to traditional theories of emergency powers. The decision making is de facto relocated from the political level to the level of administration. Thus, instead of de-parliamentarization, we can speak about de-politization or a reconfiguration of the political. The crucial role here - even in decisions of summits of the European Council and the Euro Council - is played by administrative bodies, particulary those of the Council Secretariat and the Commission's services. While the economic crisis is (hopefully) already overcome, the overcoming of the crisis of democracy is not in sight. Adapted from the source document.