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The aim of the article is to overview notification, i.e. a procedure provided in the Treaty on the Functioning of the EU that requires the EU member states to inform the European Commission about certain measures. The author introduces the legal basis and discusses procedure applied in four types of notification: notifying state aid, notifying adoption of harmonisation measures, notifying technical regulations and notifying draft legislative provision in the field of competence of the European Central Bank.
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The Princeton Principles on Universal Jurisdiction define universal jurisdiction as “criminal jurisdiction based solely on the nature of the crime, without regard to where the crime was committed, the nationality of the alleged or the convicted perpetrator, the nationality of the victim, or any other connection to the state exercising such jurisdiction.” This is not the appropriate forum in which to attempt to define universal jurisdiction; a general understanding of the theory is essential to distinguish what universality is not, especially with respect to an assessment of conventional law. Both the Council of Europe and the European Union have legislated on the issue of concurrent jurisdiction and the solution of conflicts of jurisdiction. It is irrelevant whether the jurisdictional principle applied is universal jurisdiction or any other principle of jurisdiction: what matters is the fact that there is overlapping jurisdiction. But there is no country that would establish express “criteria” to decide upon competing national jurisdictions. According to the Rome Statute, International Criminal Court jurisdiction is complementary to national ones. The ICC cannot request the transfer of proceedings as long as they are pending in a domestic Court.
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Review of judgments in civil proceedings is, together with the appeal for annulment, the chance for a final procedural possibility for a “remedy” legal solution so that, ultimately, a binding court decision is consistent with normative propositions incident to that legal dispute. Often, this extraordinary remedy is not, as commonly, a “reverential” one anymore, but is “aggressive”, based upon the urgent requirement of retrial as a consequence of “passing final and binding judgments in violation of the principle of supremacy of EU law, governed by Article 148 par. (2), in conjunction with Article 20 par. (2) of the Romanian Constitution, republished” as stated in Article 21 par. (2) of the Administrative Litigation Law no. 554/2004. Review mechanism, as put into operation, focuses on controversial or debatable issues, some unpublished. In this study, the authors note to identify and comment on some of the aforementioned.
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In this paper I will look into several aspects of Book IV.A DCFR and, in particular with regard to remedies, of Book III DCFR. Where appropriate, I will compare these provisions with the corresponding provisions in the PELS and, occasionally, with those of the CISG and the Consumer sales directive. This paper is structured as follows. First, in section 2, I will address both the substantive and the personal scope of the provisions. I will then (section 3) deal with the obligations of both the buyer and the seller and the passing of risk. However, the obligation to deliver goods that are in conformity with the contract deserves so much attention that it will be dealt with in a separate section 4. Section 5 will be dedicated to the buyer’s duty to notify a lack of conformity, regulated in Articles III.–3:107 and IV.A.–302-304 DCFR. The situation where too few or too many goods are delivered will be addressed in section 6. In section 7 I will deal with the remedies in case of non-performance. In this paper I will focus on the buyer’s remedies for nonconformity, but I will also discuss the consequences of a complete failure by the seller to perform. Where necessary I will also discuss the general remedies for nonperformance the buyer may invoke. Section 8 concludes this paper with a brief summary of the main findings and some final remarks.
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The principle of equality of arms is a jurisprudential principle issued by the European Court of Human Rights and is a part of the right to a fair trial written in the (European) Convention for human rights and fundamental freedoms. With this article the author wants to analyze this principle from jurisprudential and legal point of view.
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La escasa atención que los Códigos Civil y de Comercio españoles prestan al proceso de formación del contrato y su contraste con la pormenorizada regulación que la Convención de las Naciones Unidas sobre los Contratos de Compraventa Internacional de Mercaderías (CNUCCIM) realiza de esta materia, ha llevado en los últimos años a un sector de la comunidad jurídica española a postular la aplicación extensiva al Derecho interno de las reglas sobre formación del contrato de la CNUCCIM, a las que además se les suele reconocer una más que notable calidad técnica, resultado de una cuidada labor de síntesis e hibridación entre las concepciones continental y anglosajona del contrato1) . En esta dirección se han pronunciado relevantes maestros del Derecho privado2), junto con reconocidos especialistas en el Derecho de la contratación internacional3). Unos y otros proponen la conveniencia de aplicar extensivamente las reglas sobre formación del contrato de la CNUCCIM (Parte II, arts. 14 a 24) a todos los contratos internos (sean o no de compraventa) celebrados en España y, por ende, privados de la nota de la internacionalidad exigida por la CNUCCIM como requisito necesario para la activación de su ámbito de aplicación4) .
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In the study hereby, the author approaches the fundamental human right to freedom of religion from the perspective of the Convention for the Protection of Human Rights and Fundamental Freedoms and the relevant case law of the European Court of Human Rights, stressing from the outset that the divine-human relationship stands for the foundation of the entire social and historical evolution of humanity and knowledge. There are also set forth substantive and procedural obligations incumbent upon Member States of the Council of Europe with the view to ensure compliance with the right covered hereby.
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Unlike the national systems where the Parliament is the legislative forum, within the European Union the developing of a decision is a process involving several institutions and bodies of the European Union, the legislative procedure being based on the principle of institutional balance. Thus, the uniqueness of European integration is reflected primarily in the institutional architecture within which Members agree to delegate some of their sovereign powers to shared institutions created by the founding treaties, with successive amendments, institutions whose purpose is to ensure democratic participation of Member States to the decision-making. Given the complexity of the European Union legislative process and, especially, that by the entry into force of the Treaty of Lisbon it has been outlined a new institutional architecture and it was given new responsibilities and legislative powers to the European Union institutions, this study aims to highlight features of the European Union legislative process following the adoption of the Lisbon Treaty.
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Designed as a real european company, with a minimum registered capital of EUR 1, largely accessible, easy to organize and cheap to run, the european private company is to represent a significant reform in the matte of company law in the European Union. Without doubt, the adequacy of the european private company statute to the legal traditions of all member states is an important factor of its use by the foreseen beneficiaries: small and medium enterprises. The advanced stage of the political procedures and negotiations related to the statute impose the analyzing of all the main features of the European Private Company, marked out in official documents and their comparison to those of the companies regulated in Romania and on other member states of the European Union, in order to determine the extent such new company shall represent or nor a new and effective instrument for doing business in the European Union.
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In this article, the author addresses the issue of the European Union Member States government debt in terms of Community law and national law and the relationship between the two legal orders. To this end, the budgetary convergence criteria laid down in the Maastricht Treaty, in 1992, the measures contained in the Green Paper on the feasibility of introducing Stability Bonds and the draft Treaty on Stability, Coordination and Convergence in the EU were hereby analyzed. The author concluded that the relevant European regulations must be transposed into the Member States national law by amending the national Constitutions.
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Die Gemeinschaftsrechtsordnung (seit dem Vertrag von Lissabon die Unionsrechtsordnung) und die nationalen Rechtsordnungen bilden getrennte und verschiedene Rechtsordnungen, welche jedoch nicht isoliert nebeneinander stehen, sondern miteinander verbunden und für eine gegenseitige Beeinflussung offen sind. Der Begriff des Einflusses erhielt zahlreiche Definitionen in der juristisch-politischen Literatur; trotzdem sollten keine Zweifel darüber bestehen, dass der Einfluss eine „Beziehung zwischen Akteuren“ ist, in welcher ein Akteur andere Akteure dazu veranlasst, auf eine bestimmte Weise zu handeln4. March5 und Simon6 betonten, dass wir einem besonderen Fall de Kausalität gegenüberstehen, nämlich einer Kausalität, die den Lauf der Handlungen anderer verändert. Der Einfluss verweist uns deshalb auf das Studium über die Bestimmung des menschlichen Verhaltens7. Mit diesem Thema beschäftigte sich auch der berühmte deutsche Soziologe Max Weber im Rahmen seiner Forschung über die Bedeutung von Macht und legitimer Herrschaft8.
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In this article, the author addresses the issue of the legal nature over taxation or surcharging within the national legislation of the European Union Member States, designing and comparing the various charges or taxes established under that name. To this effect, the analysis of certain similar notions such as the juridical or economic double taxation was sought, the author showing that over-taxation, unlike the latter, refers to additional tax on income acquired or assets owned by taxpayers who hold a privileged economic position. Comparative law and tax law of Romania regulate charges or levies like the “Robin Hood tax”, solidarity tax, wealth or property over-tax, over-tax on income from drug production.
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Currently, in the Romanian legal system, the judge interprets and adapts law to the actual realities, remedies normative gaps and discovers remedies to inspire the legislator. In this regard, we should emphasize the role of the judicial precedent substantiated by means of the decisions of the High Court of Cassation and Justice, ruled within the referral in the interests of the law, given that, such judgments create general rules of interpretation and application of the legal provisions which generate non-unitary practices. There are situations in which the interpretation of the legal texts, offered by the High Court of Cassation and Justice, is subject to a constitutional review exercised by the Romanian Constitutional Court.
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The aim of my research is to carry out a problem-focused examination of the employment law aspects of age-based discrimination, a topic less frequently addressed in Hungarian legal literature so far, thereby exploring the anomalies inherent in the legislation as well as the resulting practice. Such research can help in adapting effectively to the challenges posed by the demographic changes currently taking place in our society. The fight against discrimination requires, above all, a stable regulatory background, which I undertake to present in the framework of this paper. The majority of age-based anti-discrimination legislation are at supranational, primarily EU level; however, in the course of my analysis, naturally I will also deal with Hungarian legislation.
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Receantly, we have been hearing more and more about changes in the area of employment. All of these changes stem from one thing, namely digital change. In the world of work, technical progress has brought many changes that have a greater or lesser impact on labor law regulation and the employment relationship. These effects changed the work tools and the place to work and much more. Digital devices and the Internet allow for the global flow of labor, bridging geographical distances. Teleworking is an increasingly common form of work. The digital space has opened up many new opportunities in the labor market, which employers and employees are trying to exploit in a variety of ways. One of the most significant manifestations of this is the emergence of platform work forms and crowdwork. These new variants well reflect the tendency of the parties to create increasingly different forms of employment in the field of employment. It can be concluded, therefore, that we can see another wave of the fact that actors in the world of work are increasingly looking for atypical employment relationships both inside and outside labor law. In the present work, I want to map possible directions for the future of labor law. Among other things, I am looking for an answer to the question, what effect do new types of work have on labor law regulation? Is there a need for labor law renewal? What trends are expected in the future? Expanding the scope of atypical employment relationships, strengthening classical labor law, or possibly examining beyond it to take a closer look at the role of labor law embedded in the digital world. The nature of the regulation and the relationship between the parties is increasingly determined by the flexibility that has an impact the employee protected elements.
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In this study I aim to analyze the constitutional principle of equality of rights, starting from the concept. Equality is an objective law principle, is also a subjective public law right and, more than that, as qualified in the doctrineI, is a ”fundamental right with the value of a general principle for the field of fundamental rights”. Equality ”is rather considered as a principle right than as a law principle”, because it accompanies and guarantees the use of the other rights. On the other side, equality has also been interpreted as a distinct set of rights, composed of different specific realities. In its general form, equality resides in each citizen’s right of not being subjected to discrimination and of being treated equally, both by public authorities and by the other citizens. This is about an “equality in rights”, opposed to the concept of “actual equality” because the lawgiver provides an equal juridical framework for all citizens, ascertaining a formal equality, but he cannot guarantee equal results. The jurisprudence of the Constitutional Court underlined the other perspective: the material equality, actual equality or equality by law, which refers to all concrete cases, considering the existent differentiations and aiming for a concrete equality of the results. As we`ll notice, the Constitutional Court analyzed equality also as a possibility of admitting a right to difference in case of different legal situations.In this study I aim to analyze the constitutional principle of equality of rights, starting from the concept. Equality is an objective law principle, is also a subjective public law right and, more than that, as qualified in the doctrineI, is a ”fundamental right with the value of a general principle for the field of fundamental rights”. Equality ”is rather considered as a principle right than as a law principle”, because it accompanies and guarantees the use of the other rights. On the other side, equality has also been interpreted as a distinct set of rights, composed of different specific realities. In its general form, equality resides in each citizen’s right of not being subjected to discrimination and of being treated equally, both by public authorities and by the other citizens. This is about an “equality in rights”, opposed to the concept of “actual equality” because the lawgiver provides an equal juridical framework for all citizens, ascertaining a formal equality, but he cannot guarantee equal results. The jurisprudence of the Constitutional Court underlined the other perspective: the material equality, actual equality or equality by law, which refers to all concrete cases, considering the existent differentiations and aiming for a concrete equality of the results. As we`ll notice, the Constitutional Court analyzed equality also as a possibility of admitting a right to difference in case of different legal situations.In this study I aim to analyze the constitutional principle of equality of rights, starting from the concept. Equality is an objective law principle, is also a subjective public law right and, more than that, as qualified in the doctrineI, is a ”fundamental right with the value of a general principle for the field of fundamental rights”. Equality ”is rather considered as a principle right than as a law principle”, because it accompanies and guarantees the use of the other rights. On the other side, equality has also been interpreted as a distinct set of rights, composed of different specific realities. In its general form, equality resides in each citizen’s right of not being subjected to discrimination and of being treated equally, both by public authorities and by the other citizens. This is about an “equality in rights”, opposed to the concept of “actual equality” because the lawgiver provides an equal juridical framework for all citizens, ascertaining a formal equality, but he cannot guarantee equal results. The jurisprudence of the Constitutional Court underlined the other perspective: the material equality, actual equality or equality by law, which refers to all concrete cases, considering the existent differentiations and aiming for a concrete equality of the results. As we`ll notice, the Constitutional Court analyzed equality also as a possibility of admitting a right to difference in case of different legal situations.
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The Internal Market is the main element of European economic integration, the achievement of which was provided for in the Treaty establishing the European Economic Community (Rome, 1957). The implementation of the four fundamental freedoms of movement for the benefit of the citizens of the Member States was one of the major objectives of the Internal Market and led to the adoption of specific European rules, the respect of which is ensured by the Member States under the supervision of the European Commission. Currently, the Treaty on European Union mentions, among the Union objectives, the establishment of the Internal Market, and the Treaty on the Functioning of the European Union provides for the shared competence of the European Union with the Member States in the field of the Internal Market. The rules adopted at Union level for the achievement of the freedoms of movement must be implemented by the authorities of the Member States for the advantage of the citizens of the Member States and of undertakings. In the situation of non-compliance with these rules, the European Commission may bring the Member State concerned before the Court of Justice of the European Union. Thus, the completion of the Internal Market depends on the way in which the three actors interact - the European Commission, the Member States and the citizens according to their specific interests. In conclusion, the full completion of the Internal Market area requires a balanced and effective action carried out by the European Commission, the Member States and their citizens, based on a transparent and collaborative approach.
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