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Horia Roman Patapievici’s book „Omul recent“ (Trad. aprox: The Recent Man) has raised an avalanche of debates in Romania. The author makes a short analysis of this process and of the context.
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Horia Roman Patapievici’s book „Omul recent“ (Trad. aprox: The Recent Man) has raised an avalanche of debates in Romania. The author makes a short analysis of this process and of the context.
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The article contains a definition of the modern state and its role, the application of these concepts in the Hungary of 2002 and the latest elections, comments on the elections.
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The public sector, represented mainly by public enterprises, is important because it provides the link between the private and public interests. The state support for public enterprises and trade monopolies may create discrimination between them and private companies. Because of the importance of this issue, it has been regulated at Community level.
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Taking into consideration the impending entry into force of the new Criminal Code, we have thought the analysis of the material element of the offense of injury to the fetus to be necessary because the Criminal Code in force does not contain a similar regulation, whose passive subject to be the fetus. Because we do not have rules of the Court in this field yet we have tried to give possible examples in order to explain the theoretical aspects presented in the study.
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The complexity and dynamics of political life leads to developments and reconsiderations in terms of classical theories of constitutional law. Such a process occurs also in the case of separation of powers. Many factors have a bearing on how this theory is currently translated into practice, which requires additional perspectives of analysis in order to develop improved models of cooperation and balance of powers, according to new political realities. This study aims at examining the principle of separation and balance of powers in terms of mutual respect and loyal cooperation between institutions, or, in a broader sense, of constitutional loyalty, an intrinsic value-principle of all constitutions, without which no fundamental law, no matter of how democratic it might be, could function properly2. Based on examination of concrete cases drawn from the case-law of the Constitutional Court of Romania, the study demonstrates that, in lack of constitutional loyalty, the objective pursued by enshrining the principle of separation of powers cannot be achieved effectively, i.e. compliance of public authorities and political actors with constitutional provisions is purely formal and the alleged collaboration between them is a "dialogue of the deaf" at the expense of democracy. The seriousness of the consequences of this type of behaviour requires identification of remedies. What are the limits and what solutions can be identified in this regard are questions that also we aim to answer.
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The new Civil Code has come to meet the diversification and complexity of social relationships, the growing interference between economic and social life in Romania and the one in Europe and in the world and not least the connection in a greater extent of the Romanian law to the European law. The issues which could occur, given precisely such interconnection with the European law, are those which give rise to issues of civil law enforcement in space, especially when the question would be the application of the Romanian civil law or the foreign civil law, and one of the typical situations in this respect is the law governing parental authority when spouses have different nationalities and misunderstandings arise between them regarding parental authority. Our analysis starts from a hypothetical case, but which may occur in fact, namely the intention of the parent in whose favour was handed down the custody ruling concerning the child, to move in another state together with the child, without having the agreement of the other parent in this respect.
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A “welfare State” is a concept of government in which the state plays a key role in the protection and promotion of the economic and social well-being of its citizens. It is based on the principles of equality of opportunity, equitable distribution of wealth, and public responsibility for those unable to avail themselves of the minimal provisions for a good life. The general term may cover a variety of forms of economic and social organization. This article examines the concept of welfare state in the context of legislation adopted in recent years in Portugal that wants to "provide greater flexibility" of the labour market. This article discusses the crisis and the future of the Social State that is also, according to my view, an act of citizenship, a way of expressing our concern with the actual status of the welfare State.
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The European Union is today managed by the Lisbon Treaty, which stated, in his time, and rightly so, that is a step towards European integration, both at the institutional and human level, a treaty that succeed, despite difficulties, to move forward the European project that combined his account about half a century. The changes introduced by the Lisbon Treaty have a significant impact on EU governance. Treaty of Lisbon makes substantial changes in the management of the EU, especially with regard to the European Council, the Council of Ministers and the EU's rotating presidency. The main task of the research in this paper is the approach of the provisions of the EU Reform Treaty (Lisbon Treaty) in terms of constitutional law. Research conducted prior to permit formulation of a general belief, namely that common European history of all its successes and difficulties demonstrates the viability of the European idea and the correct direction of institutional developments in the EU and the Member States.
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The article presents parallel legislation in Romania and Republic of Moldova, in the matter of Limited Liability Company (LLC) Ltd, aiming to extract similarities and differences to draw reliable conclusions regarding the advantages of setting up this type of company in the two countries.
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The gratuitous right of use is regulated by the new Civil Code as one of the rights corresponding to the public property. The paper aims to analyse this right in the context of the current legislation, in view of the beneficiaries, the content and the juridical characteristics, as well as the legal limits of the gratuitous right of use. There are identified the categories of legal persons who can exercise the gratuitous right of use and the conditions which should be fulfilled in order to exercise it. The rules of the new Civil Code are written in relation with special legislation in force, as well as from a historical perspective. Finally, there are analysed the aspects regarding the way in which this right should be exercised and protected. The right of gratuitous use, located at the intersection between civil law and administrative law, raises interesting practical problems, and also problems related to the interpretation of legal rules, which the present study is aiming to put into light.
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Unlike the former regulation in the matter, established by Decree no. 167/1958, which gave the value of public order to the statute of limitations, the new Civil Code re-qualifies the institution of the statute of limitations and treats it, in terms of civil proceedings, as value accessible to the convention or conventional clause established by agreement of the parties, which may derogate from law within certain limits.
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The new civil procedure Code, perfecting the monistic concept started by the new civil Code, brings significant changes in the matter of forced sale of real estate as well, but, unfortunately, without such rules offering clear vision and precision, therefore lacking “the quality of law” , as the European litigation court has laid down this principle many times in the judgments against Romania. In the light of the new civil procedure Code, this study intends to perform a logical and systematic analysis of a fundamental institution in the matter of forced sale of real estate, in the context in which the new regulatory framework does not provide clear and predictable rules in this matter, and it also does not state clearly the steps to be taken for starting the procedure of forced sale of real estate.
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Statute of limitations consists in extinction of a material right to action that has not been exercised within the period of limitation prescribed by law. It follows that the constituent, essential element of prescription is a time limit within which the holder of a civil subjective right (violated, ignored, contested) must exercise the right of action by which it is defended that as subjective. To start statute of limitations, the law-maker has acted in two ways: he fixed two alternative moments when entitlement to action and set out the general rule, special situations where the prescription right of action to start flowing at a certain time, expressly provided or, where circumstances can be easily determined by the parties and in case of dispute by the court.
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The involvement of the court in the enforcement procedure has as goal the ensurance of the legality principle in the carrying out of justice and represents as well a guarantee in the accomplishment of rights and execution of duties by the participants to the trial and third parties. In its quality of specific subject, the court has attributions of its own, indispensable for the ensuring of an effective and equitable enforcement procedure. In this sense, the efficiency and value of the judgments of a court cannot be reduced only to its legality and rationality, its final goal being the material accomplishment of the rights acquired on the basis of the enforceable title. Consequently, we can outline, the envolvement of the court as a determining subject in the
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The adoption of new technology in Japan, despite its international reputation as a high tech nation and culture has not been a smooth progression, nor has Japan always led the world. There have been leaps forward and times of stagnation. In fact I mean to show how Japan has fallen back and needs to reinvigorate its approach to technology, particularly in regards to education and tablet PCs, an area in which Japan has fallen far behind. In both corporate and government policy, Japan is capable of leaps forward but can get bogged down in a slow and steady incremental approach at times. I will propose a path forward for education media here, a field that is still stuck in paper publishing while most of the world moves into digital. A much more open model based on open principles. (Note; Due to the fast changing nature of this issue, this article includes updated information since the summer 2011 conference in Romania.)
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This paper proposes a synthetic analysis of the pedagogic phenomenon of historicity, updated and resized, an appeal that can contribute to the solution of a number of problems in pedagogy, particularly those concerning the novelty and opportunity of change and transformation. It proposes a prospective and a retrospective of the past-present-future relationship, as well as formulates one of the most current pedagogical theses.
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This essay explores the relationship between psyche and outer world in some of Haruki Murakami's major novels. The settings in which Murakami's characters appear abound in sterile, bleak and/or murky spaces (vacant plots of land, a Mongolian desert, a walled town called the End of the World, the sewers and the tunnels of the Tokyo underground, forests, dry wells that force characters to confront their inner demons). These spaces characterized by emptiness and darkness are not mere landscapes. Examples suggest that the scenes described are almost external manifestations of the emotional lives of his characters, more or less direct projections of the interior states of the characters; there is a fundamental nexus between interiority and exteriority (landscape). These landscapes are places of retreat where characters (who often feel like empty shells and are haunted by a sense of loss) enclose themselves inwardly and try to make sense of the senseless. Even if they are empty, they are spaces in which something creative can occur - such as the capacity to encounter undiscovered aspects of the self. These projected versions of states of mind are dangerous, but full of potentialities, being favorable for revelations, epiphanies, experiences of the numinous. The majority of these landscapes function symbolically as realms of the subconscious, where the ultimate source of the self is rooted. It can be said that the subconscious is the natural habitat of Murakami's characters.
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The aim of this paper is to propose appropriate perspectives to human rights education (HRE) by showing approaches for analyzing the characteristics of Japanese HRE and by considering where HRE is situated in relation to relevant educational fields. HRE has a close relationship with peace education, development education, intercultural education and the international education program of UNESCO. The methodology of HRE has been discussed in the fields of knowledge and skills “associated with understanding and supporting human rights”. Since the middle of 1990s for Japan and also for some members of the UN, HRE has been developing as a newly established terminology. The Japanese HRE, greatly influenced by Dowa Education (education for the integration of Japanese minorities), has been weak in the legal area of human rights. As a result, it has a strong orientation to equality as a relational concept and from a “sociological” perspective, in which human rights problems are grasped as mentality problems.
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This paper is intended to be a theoretical study that aims to to emphasize the positive aspects of the impressive and rapid knowledge that children and adolescents can access by clicking scientific sites which are loaded with proficient and highly quality validated information. Seeing things from another perspective, the information exposed here can be considered a study directly regarding the build up of the student's ability to use maieutic technology in a selfinduce manner and the discovering, step by step, the next concept or application related. In this article we started from the halving rule and its applicability and validity in any field, and we have reached the irrational numbers, φ and the pure knowledge of Pythagoras, the π number, pentagons and pentagrams, the golden rectangle, the order of Fibonacci. It is only a step from here to the artistic domain, towards which the teenager is invited to acces on his own , through enjoyable and direct communication with the internet world.
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For the appropriateness and the effectiveness of the interpersonal communication generally and of the intercultural communication especially language proficiency alone is inadequate, because such a process requires knowledge of the ways language and culture interact and of how this interaction operates across cultures. As well individuals as communities will need in this multicultural context on the one hand to relativize their cultural background and to develop very different mentalities and attitudes in order to adapt to the new communication situations, to understand and to cooperate with people from any continent, ethnic origin or culture, and on the other hand to redefine the process of foreign language teaching and learning. From this point of view the key component of the communicative act becomes the intercultural communicative competence. This contribution based on the data from an empirical investigation focuses on the factors which contribute to the determination of the context that facilitates the development and the training of the intercultural communicative competence in the educational process.
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