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.
The key issue examined in the article is to elucidate the impact of the cooperation between local and state authorities in terms of the efficient functioning of public power in the state. There are presented arguments in favour of the cooperation of the two forms of the public power, as well as the necessary conditions for this. There were highlighted the principles of the effective cooperation between the local and state authorities. It was insisted that any administrative control of the local authorities' activity should only take into account the respect of legality and constitutional principles. In conclusion, it is mentioned that the state power cooperating with the local one contributes to ensuring the integrity and unity of the state, thus facilitating the integration of the interests of the society and state.
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.
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.
The trans-ethnic voting ant the current cooperation between the Saxon and the Romanian communities in Sibiu/Hermannstadt could easily make believe in a perennial peaceful cohabitation. But the ethnic relations at the beginning of the XXth century are rather dissimilar, since they are marked by the strong affirmation of the Romanian community - especially by its political and cultural values - in the cadre of a multi-ethnic state - as Austria-Hungary - and of a Saxon dominated city - as Sibiu/Hermannstadt. The conflict between elites is pointed out by the prejudices enounced and by the symbolic weight of the disputes. More deeply, there is a conflict between two diverging political projects: the preservation of autonomy and of collective rights by the Saxon community, and the political, economic and cultural integration of the city into the recently made Romanian National state, in the aftermath of the Paris Peace Treaties. The two political projects originate -in fact- into distinctive models of citizenship: an exclusive citizenship, promoted by the Saxon community as a heritage from the Middle Ages; an integrative citizenship, preferred by the Romanian state in order to obtain a full allegiance from the new citizens. Since Romania has unexpectedly become a multi-ethnic state and minorities were more educated, urbanized and politically active, supporting the Romanian element became vital. The unsuccessful political strategies of Romanian elites, before 1920 -and of Saxon elites afterwards- lead to external sources of power: the Romanian National state and Nazi Germany. Whether Romanian authority proves to be quite successful, the German influence has disastrous consequences for the Saxon community. The persecutions and vexations following the German defeat in 1945 mark out the beginning of the great migration for the German community in Transylvania, following eight hundred years of coexistence.
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)
