A manifesto on European criminal procedure law
In: Juridiska Fakultetens skriftserie 82
In: Juridiska Fakultetens skriftserie 82
In: Studii Europene, Heft 2, S. 9-14
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.
In: Revista EuRoQuod, Heft 1
In Romania, as wel as in all Member States, the judicial cooperation in criminal matters regarding the execution of the european arrest warrant and the surrender of the sought persons in the context of the COVID-19 pandemic was affected and was assesed on a case-by-case basis. Generally, the non compliance with the surrender deadlines or the postponing of the surrender based on serious humanitarian reasons lead to the release of the sought persons without taking alternative measures in order to prevent absconding, giving the fact that there are no national legal basis to take such measures in this type of situations.
In: Revista EuRoQuod, Heft 2
The preliminary ruling procedure is a useful tool that, over time, allowed the national courts to participate to the application of European Union law and contributed to this law system evolution. Our study reveals that the procedure is useful for both the national court and the litigant parties, as it clarifies both categories of participants on how should be applied the law of the European Union. However, the preliminary ruling procedure is subject to specific rules, very well systematized in the Recommendations to national courts and tribunals in relation to the initiation of preliminary ruling proceedings, a document issued by the Court of Justice of the European Union itself. Ignoring these recommendations led to the rejection, as inadmissible, of certain requests for a preliminary ruling, and this is a situation that should be avoided in the future.
Mediation is first and foremost an alternative to the justice that solves amicably a conflict between the parties to the conflict. Mediation has its origin in antiquity. It is found in the Justinian Codification. Our ancestors have preserved the institution of mediation in feudalism, and in modern times only in rural areas. At the present stage, the mediation procedure has grown in most European countries. The advantages of out-of-court mediation are: shorter duration, flexibility of the mediation procedure, parties can identify and adopt their own solutions. Among the disadvantages we mention: the non-binding character of the decisions, the inaccurate decisions, there is no guarantee of a successful solution. Specifically, the disadvantages of mediation have served as grounds for some states, including Moldova, to regulate the mandatory mediation for some categories of cases. This is how Italy and Romania went.
BASE
In: Revista EuRoQuod, Heft 4, S. 18-34
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.
In: Studii Europene, Heft 1, S. 12-19
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.
Conceptual-typological Aspects of Local Electoral Systems A democracy cannot be built unless it is based on free elections. Elections are a sine qua non condition of democratic governance. Elections are the central procedure of representation in modern democracies, and our generation has made substantial progress in understanding how voters come to make decisions. The elections were imposed in the constitutional history of the world as activities whose social and political effervescence in society is specific, competitions in which the best ones win. In fact, we make the first finding: the local electoral system is a fundamental area of society, the way it is managed and carried out, it reflects the level of development of democracy. The country's implementing bodies are chosen and this is why it is so important that it is organized and carried out correctly, transparently and democratically. The local electoral system is essentially created for citizens and must represent their interests, which we must recognize, often in practice does not happen very often. The actuality of the theme of this article starts from the premise that an electoral system is closely linked to democracy, because it expresses its values, thus constituting an indicator of the democratic character of a society and, at the same time, it contributes to the strengthening of democracy. Although there are different realities, and the electoral procedures differ from state to state, however, it can be said that, depending on how the mandates for the eligible positions are distributed (won), there are three modalities of electoral system: majority electoral system; proportional electoral system; mixed electoral system.
BASE
In: Studia politica: Romanian political science review ; revista română de ştiinţă politică, Band 13, Heft 1, S. 125-141
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.
In: Analele Universității București: Annals of the University of Bucharest = Les Annales de l'Université de Bucarest. Științe politice = Political science series = Série Sciences politiques, Band 10, S. 87-101
During the first half of the 19th century, social public care was organized along two directions: commitment of professional beggars, without a family, in specialized institutions, and home assistance of beggars with families (by a monthly pension and by an annual change of clothes). The article relies on archive documents, such as potential beneficiaries' help requests, administrative documents issued by the authorities, lists of help beneficiaries, inquiries, etc. It presents aspects related to the practical functioning of the social assistance: types of beneficiaries, pension distribution procedures, abuses and frauds. The legal limitations of the administrative rigidity of the pension system were strictly defined, even before the assessment of the real needs in society. This is the reason the efficiency of the pension system was lower than expected both by the authorities and the beneficiaries.
In: Caietul Ştiințific, nr. 6/2012: Sesiune de Comunicări Ştiinţifice, Ediţia a VI-a, 12-13 Octombrie 2012, S. 192-202
The name is one of the essential basic elements of the identity of a local collectivity. The local collectivity is self-identified and individualized through its name, in relation to the other collectivities of the same type.
The name of local collectivities have functioned and developed during the centuries. Their meaning, content and evolution provide the valuable information concerning the evolution of local collectivities over time.
The return to the traditional names of local territorial collectivities was the first stage of the attempts to the territorial-administrative reform in Moldova.
Although, many localities have reestablished their historical names, the process is not ended. Still today, one can find in toponymic landscape of Moldova, the names of localities which are improper to the national spirit and historical traditions.
The procedure regarding the assignment or change of the designation and the return to the historical names of local collectivities is in the process of examination.
In: Studia politica: Romanian political science review ; revista română de ştiinţă politică, Band 8, Heft 3, S. 541-562
At the begining of the 19th century, the political authorities of Wallachia were using two apparently different approches, but in complementary, regarding the beggars, namely social care and repression. Their common denominator is that they intended to unconditionally forbid begging. By examining public archive documents, we intend to present the theoretical organization of a new public social care institution (the beggars' institute) and the way it practically functioned. The beggars' institute was an establishment with a double mission: care and repression. Different records and documents about the institute's functioning (administrative correspondence, demands of confinement or releasing, etc.) allowed us to examine the beneficiaries of this type of social care and the confinement procedures; the institute's internal organization (its security or its curative capacities); the abuses authorities sometimes committed when hasting to keep beggars away from the public space; releasing conditions from the institute; perceptions (of ordinary people or of authorities) on the institute and the beggars.
In: Studia politica: Romanian political science review ; revista română de ştiinţă politică, Band 17, Heft 3, S. 313-336
During the communist regime, photography was a popular activity due to the existence of the Association of Photographic Artists. Its members weren't professional artists, but mostly people with technical backgrounds, and who transformed their hobby into a job. The lack of interest of Romanian artists in photography (except for a few particular cases such as Ion Grigorescu or Ștefan Bertalan) can be explained by the fact that there were no photo-video departments within the art universities and the Romanian Artists' Union (UAP), the only form of institutional organization of the Romanian artists, had no special photography department. Therefore, the photographic practice in communist Romania was linked to the Association of Photographic Artists and not to the Romanian Artists' Union. The evolution of its activity in the period between 1968 and 1978, and the impact that politics had on it transpire very well from the evolution of the Fotografia magazine, the only photo periodical of that era. This article shows that even in a creative field, which was overlooked by the Communist Party, the echoes of the official political discourse were felt, mainly after 1975. We have outlined two aesthetic trends in the mid-1970s. One was the photograph obtained by laboratory procedures, supported by a depoliticized discourse and the second was a pseudo reportage photography, namely the communist propaganda photography.