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Principle of the Rule of Law in the Recent Design of the European Union. Challenges Regarding the National Sovereignty

Author(s): Ioana-Cristina Vida / Language(s): English Issue: VI/2018

The rule of law has become, in recent years, a symbol of the democratic States of the European Union. The symbol of the rule of law began to represent a paved road with complementary principles such as the fight against corruption to achieve economic and social prosperity. In the struggle of highlighting the consequences arising from the alleged violation of the rule of law, the legal conceptualization of this process appears to be topical. In light of recent developments at European Union level, we are wondering whether the concept of the rule of law must be rethought at national level.In this study we aim to analyze at the legitimacy and legality of the European Union's 'rule of law' vision and to observe whether the national constitutional regulation of the rule of law reflects in its contents and values of the European Union's understanding concerning this topic. We aim to find out whether the rule of law is the faithful reflection of the strict and severe application of the law, of the independent justice, of total transparency, of economic stability.

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The European Defence and Security Integration – From Politics to Reality

Author(s): Laura Simona Todoruț / Language(s): English Issue: VI/2018

Never in the last decades, has Europe faced a more complex set of challenges to its security. Mutations of geopolitical nature, the economic realities and political arguments justify now more than ever, the need for a united Europe for security and defence. The notion of European security integration is extremely difficult to define, not only theoretically, but also in a practical sense. It can be best described as the synergy between institutions, policies, mechanisms, commitments, obligations and expectations of the European states. With the signing of the December 2017 Declaration regarding the Permanent Structured Cooperation, the security and defence integration issue has come to the attention of the European officials, generating divergent views on the viability of such a project. But, beyond the political rhetoric and debates in Brussels, Europe has a commitment to its own citizens to protect them from any internal or external threats – and this should be the real objective of the security and defence integration.

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Issues Relating to the Refusal of Recognition in Romania of a Judgment Pronounced in Another Member State of the European Union Contrary to Public Policy

Author(s): Bogdan Alex Arghir / Language(s): English Issue: VI/2018

The principle of mutual recognition of judgments, enshrined in Article 81 of the Treaty on the Functioning of the European Union, is justified by the mutual trust between the Member States in the administration of justice and a judgment given by the courts of a Member State should be treated as if would have been pronounced in the requested Member State, according to the relevant recitals in the European Union Regulation 1215/2012, also called the Brussels I recast Regulation.But the fact that judgments given in a Member State are recognized in the other Member States without the need for any special procedure does not mean that the requested State would not be able to refuse to recognize those judgments. From this point of view, the European legislator has regulated and the Court of Justice of the European Union has rigorously explained the cases in which, at the request of the interested party, a judgment is not recognized.One of the cases of refusal that we have come to analyse in the present study is the one in which the recognition of a judgment given in a Member State of the European Union is manifestly contrary to the public policy (ordre public) of the requested Member State.

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Opportunity and Gender Equality in Romania and in the European Union. Feminist Perspectives

Author(s): Valentina Tănase / Language(s): English Issue: VI/2018

In contemporary society, the issue of equal opportunity between women and men raises many issues, both theoretical and practical. The principle of equal opportunity is analysed and transposed in a series of international, community and national regulations that complete each other and this present study makes a short history of these regulations showing that today, legislation regarding equal opportunity is one that tries to keep up with the permanent social changes. However, statistics still show inequalities especially regarding the presence of women in the highest decisional bodies. In this regard, reporting to our country, perpetuating the patriarchal mentality is still an issue.

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Aspects Regarding the Recognition and the Enforcement of Decisions of Foreign Courts in Romania, as Stated in Some European Regulations

Author(s): Andreea-Lorena Codreanu / Language(s): English Issue: VI/2018

The Romanian Civil Procedure Code stipulates that the term foreign decisions refers to "the contentious or uncontentious jurisdiction documents of the courts, notarial documents or documents of any other competent authorities of member state of the European Union". When it comes to the jurisdiction the Article 1103 of the Code stipulates that foreign decisions that are not willingly abidden by those obligated to execute them can be enforced on Romanian territory, based on the acceptance and at the request of the person of interest, by the district court where the sentence is to be carried out. In various spheres, such as civil, trade, succession, contract divorce or parental accountability, there were created European regulations that include both similar and domain-specific dispositions.

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Aspects Related to the Right to Freedom of Religion Within the CEDO Jurisprudence. Legality, Neutrality and National Characteristics

Author(s): Cosmin-Ionuţ Tudor / Language(s): English Issue: VI/2018

Analysing the jurisprudence of the European Court of Human Rights (hereinafter called CEDO), we can observe that the right to freedom of religion is manifested in two main directions: on the one hand, CEDO doesn’t force the Member States to adopt a unitary model of the legal framework for the manifestation of religious freedom; on the other hand, CEDO carefully oversees the way in which the states interfere and act in the field of religious freedom, where there have been breaches of art. 9 in the European Convention of Human Rights (hereinafter called the Convention).This dual perspective mentioned above indicates the important role that freedom of expression of religion has in the contemporary democratic society and in the current sphere of justice.

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The Adherence of the European Union to the Istanbul Convention – towards a Common European Perspective on Violence

Author(s): Nicolae Voiculescu,Maria Beatrice Berna / Language(s): English Issue: VII/2019

In the present paper we aim to analyse the adherence of the Union to the Council of Europe Convention from the perspective of underlining the juridical peculiarities of the conventional normative framework but also the possible convergences between the Convention’s provisions and the juridical documents of the European Union. We consider the analysis to be necessary in the context of cultural differences existing at European level augmented by realities such as the challenges of the migration phenomenon. On the other hand, by virtue of the democratic commitments assumed through the quality of member of the Council of Europe, respectively of the European Union, European States are bound to re evaluate the limits within which will be guaranteed the rights of cultural minorities. To the extent that cultural practices are likely to disseminate acts of violence, is necessary the adjustment of democratic rules that are intended to respond to cultural diversity by means of adopting relevant criminal instruments. Between democratic concepts and cultural norms, the States of the European regional system pursue to achieve a normative convergence in the field of human rights. The European Union adherence to the Istanbul Convention represents a valid solution within this demarche.

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Legal regulation of the phenomenon of migration in the European Union

Author(s): Viorel Buţă,Andreea Mihaela Radu / Language(s): English Issue: VII/2019

The legal dimension of the policies of the field of migration concerns the legal regulation of the phenomenon, aiming at first the issues regarding the differentiation between the economic migrants and those for other reasons. In this respect, a first step would be the inventory of existing legal rules at EU level.

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The Legal Nature of the Mechanism for Cooperation and Verification

Author(s): Gabriel-Liviu Ispas / Language(s): English Issue: VII/2019

The presented study brings to attention an extremely debated topic at national level: the existence, scope, application and conditions of the cooperation and verification mechanism. Beyond the political debate, which is not always objective, we will present the conditions of the mechanism's appearance, the benchmarks, the progress of Romania and the Commission's reports, but also the recent developments that have led to the accentuation of new recommendations and to the notification of the Court of Justice of the Union. We will also analyze the position of the decision within the European legislative acts

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Legislative and jurisprudential issues concerning the application of EU Law into National Pharmaceutical Law

Author(s): Cristina-Luiza Eremia / Language(s): English Issue: VII/2019

In the context of people’s health and life rank foremost among the values and interests protected by the TFEU, this article examines the evolution of the legislative process regulating the internal market for medicinal products in order to ensure a high level of protection of public health against falsified medicines.However, this article aims to address patient right to have access to safe, effective, quality and innovative medicinal products.The legislative initiatives that have been taken at EU level taking account of new risk profiles, measures meant to ensure, at the same time, the functioning of the internal market of medicinal products.This paper also aims to present the complex mechanisms of the pharmaceutical sector which is subject to a careful and consistent analysis both the European Commission and the Competition Council.To ensure the effectiveness of the strategies to combat counterfeiting, especially in relation to the sale of medicinal products on the Internet, requires increased and effective international coordination and cooperation.

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Premises of Turkey's Accession to the European Union

Author(s): Andreea Nicoleta Dragomir,Sergiu Berindea / Language(s): English Issue: VII/2019

This paper presents the assumptions of the accession of the Republic of Turkey as a Member State of the European Union. To begin with, the paper presents the characteristic features of the Turkish state (geographical position, language, currency, religion, political regime, international relations), followed by the pre accession and accession process, which began in December 1999 at the European Council meeting in Helsinki, following which the accession negotiations were opened, the European Commission's 2018 Report on Turkey, political and economic implications as well as the advantages and disadvantages of Turkey's accession to the European Union.

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The European Security and Defence – between "strategic autonomy" and independence

Author(s): Laura Simona Todoruț / Language(s): English Issue: VII/2019

Even before being legally regulated and becoming a self standing policy, the idea of security and defence in the European Union has sparked a lot of debates and anxiety, as well as some sense of disillusion, which, along with the lack of initiative, or better said the lack of desire to follow through these initiatives, have prevented the coagulation of a common and independent European defence. The growing pressure that the European Union is experiencing, as a result of the increasing threat level within the region as well as on the periphery of Europe, has led to the re establishment of the European ambition of strategic independence in the field of security and common defence. Thus, since the publication of its Global Strategy in 2016, a series of steps have been taken in this direction, including: the creation of the European Defence Fund, the Permanent Structured Cooperation and the Coordinated Annual Defence Analysis. Building on these premises, our study follows the recent political and legal developments in the EU’s security and defence structures, identifying the Union’s effective capabilities to move towards a real independence in this area.

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The prohibition of discrimination in employment relationships. The principle of equal treatment between women and men in the Romanian legislation and in the European Union legislation

Author(s): Emin Melis / Language(s): English Issue: VII/2019

The prohibition of discrimination in employment relationships, in terms of the domestic and international and EU regulations is currently a fundamental structural ele¬ment of the Romanian legal system. Both Romanian and the international legislature were constantly concerned about this notion, establishing without a doubt that the term "discri¬mination" is in fact different treatment of employees who are in comparable situations.In employment relationships discriminatory phenomenon may come not only from the employer or from its governing bodies but also from other employees, being difficult to prove on a realm of evidence. The burden of proof is the responsibility of both the person which is considered discriminated, as well as the person accused of discrimination, proof shall be in accordance with the provisions of the common law, more precisely by any means of proof. The courts have the responsibility of settle the operations in the non contractual liability, being the competent authorities to assess to what extent is present or not, the phenomenon of discriminationThe European Court of Justice has held unanimously that in any event there is an appearance of discrimination; the employer is the one who has the duty to prove that the case action is based on objective factors, independent and free of any form of discri¬mination. Of course this concept is one that can be understood in a easy way but, now, the courts are facing a number of difficulties in tracing a boundary between discrimination and non discrimination, this study aiming to analyze the inadequacies of legislation and also to raise other questions on this effervescent topic.

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The Legal Framework for the Free Movement of Persons between the European Union and Turkey, Candidate Country to the EU

Author(s): Camelia Costea / Language(s): English Issue: VII/2019

The most important right of the European citizen is and will be the right to free movement, because nothing can be more important to humans than to be free, to move freely, and to live, study, or practice wherever they want. The geographical territory of the European citizen's right to move freely extends beyond the territory of the EU Member States and extends to the territories of third countries with which the EU has concluded agreements on the free movement of persons. These agreements target mainly EU candidate countries, neighboring countries that want to promote good neighborhood relations as well as countries where there is interest in promoting and developing economic, social and cultural relations. Turkey is one of those states that has been officially a candidate for EU membership since 1999, is in close relations with EU Member States and is also involved in joint projects with the EU addressing economic issues, customs and migration so that the regulation of free movement of persons appeared as implicit.Referring to Ankara's Acquis as the collection of rights and obligations of the Ankara Association Agreement and the Protocols that followed it in regulating EU Turkey relations, we will refer mainly to the regulations concerning the free movement of persons.

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Trafficking in human beings: Implementation of the council of Europe Convention on human trafficking in criminal law

Author(s): Ionica Sarkis,Marian Orlando Culea / Language(s): English Issue: VII/2019

Adopted on May 3rd, 2005, following several initiatives from the Council of Europe, the Convention on Action against Trafficking in Human Beings is, even now, the most comprehensive European tool for combating and preventing trafficking in human beings. Since the ratification of the Convention on August 21st, 2006, the Romanian authorities have adopted several efective measures to prevent and combat trafficking in human beings, by periodically updating anti trafficking legislation and adopting new le¬gislation in the field, by creating an institutional framework for action against trafficking, and by introducing a national identification and recommendation mechanisms. This arti¬cle aims to analyse the progress that our country has made in the fight against this terrible crime, and especially the way in which it has fulfilled its obligations at a European level.

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Medically assisted reproduction with a surrogate mother in the jurisprudence of the European Court of Human Rights

Author(s): Nicoleta-Ramona Predescu / Language(s): English Issue: VII/2019

Surrogacy, substitute maternity or assisted reproduction with a surrogate mother has become a widespread practice in nowadays society. However, third party assisted reproduction involving a surrogate mother is a sensitive matter for many people due to the ethical arguments and legal issues it has raised and is always a challenge for both practitioners of international private law and advocates of human rights. This article is intended to analyse the assisted reproductive technology which involves a surrogate mother in a human rights perspective, more precisely through an analysis of the relevant case law of the European Court of Human Rights in matters of substitute maternity.

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Public dignities incompatibilities in european and national public institutions

Author(s): Adina-Lorena Morărescu / Language(s): English Issue: VII/2019

In the context of Romania's membership of the European space since 2007, and taking into account the need and desire to align the State in the European legal order, we consider it appropriate to discuss the question of incompatibility of public office at national level in relation to intra Community context.Moreover, in accordance with international requests against Romania on decision-making transparency, independence of judiciary, fight against corruption, etc., we want to point out a precarious legal regulation that can generate conflict of interest and which results in a state of vulnerability in Europe for our country. Thus, this article aims to present the importance of respecting the principle of separation of powers in a state of law, to clarify situations of incompatibility public dignities, and finally to understand the need for a draft revision of the Romanian Constitution, all compared and accordance with Community law.

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Unité de l’État et sécession dans l’Union Européenne

Author(s): Jose Manuel Sobrino Heredia / Language(s): French Issue: VII/2019

L’Union européenne (UE) bien qu’ayant un caractère particulier demeure essentiel¬lement une Organisation internationale régionale composée d’États au sens du droit international. En à ce titre, elle constitue une association volontaire des États européens constitué par un accord international , donc sa nature est conventionnelle et non constitutionnelle . Le nombre d’États s’est accru, mais la nature juridique de l’État n’a pas changé. En ce qui concerne la situation de ces États, le traité de Lisbonne a réglementé leur statut plus précisément que par le passé, qu’il s’agisse de leur entrée (art. 49 TUE), de leur maintien (art. 7 TUE) ou de leur départ de l’Union (art. 50 TUE). En revanche, les traités fondateurs de l’Union restent muets sur la sécession d’une partie du territoire de l’un de ses États membres.

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La protection constitutionnelle de la santé dans le système juridique italien, en référence au droit de l’Union européenne et à la CEDH

Author(s): Francesco-Giulio Cuttaia / Language(s): French Issue: VII/2019

Le droit à la santé est proclamé par la Constitution italienne comme « droit fondamental de l’individu » (art. 32 de la Constitution).Deux aspects se distinguent. Sur la base du premier aspect, le droit à la santé est entendu comme droit individuel à l’intégrité psycho physique en tant qu’expression de la liberté individuelle (tant comme liberté positive, c’est à dire comment se soigner, que comme liberté négative, c’est à dire si se soigner). Selon le deuxième aspect, le droit à la santé est entendu comme droit social de prestation. Au droit général aux prestations sanitaires correspond le devoir de tous les niveaux institutionnels de la République de rechercher une solution (d’ordre normatif, structural, gestionnaire, mais aussi judiciaire) en mesure de garantir la protection effective de la santé des personnes, ainsi que de garantir, comme le prévoit ledit art. 32, « des soins gratuits aux plus démunis ».

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Land locked states in the International Law of the Sea

Author(s): Artak Mkrtichyan / Language(s): English Issue: VII/2019

Leaving aside technical aspects relating to statehood, the term ‘land locked State’ (LLS) gives rise to no particular problems of definition. In both law and geography, it connotes a State which has no sea – coast and which must therefore rely on one or more neighboring countries for access to the sea . By this criterion, there are currently forty four land locked states in existence: 16 in Africa, 14 Europe, 12 in Asian, and 2 in Latin America . These states have obviously had diverse historical experiences and, this together with their differences relating to factors such as size, population, and topography, indicates that their political unity in international relations cannot be presumed as a matter of course.

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