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According to art. 2 pt. 7 of the Regulation no. 1083/2006 "Irregularity" means any infringement of a provision of EU law resulting from an act or omission by an economic operator which has, or could have, the effect of prejudicing the general budget of the European Union by imputing an unsuitable expenditure to the general budget. (...) The considerations set out by the Court of Justice of the European Union in Cases C-199 of 03 and C-465/10, which show that "including deviations which do not have a precise financial impact can seriously affect the financial interests of the Union"
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In order to find an irregularity in the sense above, there must be an offense, which consists in the action / inaction of the beneficiary, in breach of the legal provisions in force and of the financing contract, as well as damage consisting of the amount unduly paid. However, the damage must not be effective, but only presumed, the irregularity must be capable of causing damage, an aspect which arises from the very expression of the legislator "that may prejudice the budget"; "Could have the effect of prejudicing the general budget." Consequently, it is not necessary to prove actual damage, but only the capacity of the irregularity found to have an adverse effect on the Community budget. It is not disputed that the breach of the financing contract and the public procurement legislation incurs the ineligibility of the amounts claimed as non-repayable regardless of whether or not any damage was proven, the obligation to apply the financial corrections exists in all cases of finding fraud or irregularities , without the need to prove the existence of any damage. In that regard, the case-law of the Court of Justice of the European Union, which held that even infringements which do not have a precise financial impact may affect the financial interests of the Union - C-465/10 points 47 and C-199/03 point 31, the State being in a position to require the beneficiary concerned to reimburse the C-271 item 48, C-465/10, point 32, the general rule that any infringement must lead to the withdrawal of the advantage obtained fraudulently C-199 / 03, point 15.
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The section contains a presentation of the legislative process of the EU institutions, the procedures for drafting the European legislation, particularly the activity of the European Parliament, the EU Council and the Commission, and of the political events in the EU with legislative impact.
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The section contains a presentation of the legislative process of the EU institutions, the procedures for drafting the European legislation, particularly the activity of the European Parliament, the EU Council and the Commission, and of the political events in the EU with legislative impact.
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Bringing the European dimension into perspective and presenting some of its valences, this study about the European Parliament's members comes to reveal the informational goal that the European citizens seem to have about the role and the activities of the European Union. From a theoretical point of view, it is assumed that the electorate can influence the Union's work directly – through European elections and indirectly – through national elections. Practice, instead, proves that the European voters, in the absence of a real awareness of the importance of the European institutions combined with the ignorance of the role of their representatives in these institutions, cause them to fail to get involved in the European decision – making process. Presenting the specificities that characterize the exercise of a European mandate, this analysis wants to contribute to the „electoral reconnection” of the MEPs with European citizens if we are to paraphrase the expression used by the American political scientist David Mayhew in 1974. On this regard, our attention has been redirected to identifying all those „levers” available to MEP's to shape EU policies to the benefit of European citizens. The conclusion of such approach is a natural – rational consequence of all those presented during these lines: to be able to speak in the EU of a democratic policy, in the true sense of the word it is necessary that between citizens and the legislative body, respectively the European Parliament there must exist a relationship based on continuous negotiations between the voter and the elected who can be sanctioned when voters feel that their interests are no longer represented by that political body.
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The section contains a presentation of the legislative process of the EU institutions, the procedures for drafting the European legislation, particularly the activity of the European Parliament, the EU Council and the Commission, and of the political events in the EU with legislative impact.
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Because this a special number of this law Magazine, dedicated to the exercise of the Presidency of the EU Council by our country, we have to talk about the satisfaction registered, and also about the consistent efforts made for this important event for Romania. I titled the editorial "Legislative landmarks of the exercise of the Presidency of Romania at the Council of the European Union", because the space reserved in the Magazine would have been insufficient to highlight all the legislative measures in which our country was involved in all 6 months (of which 3 months of a totally different intensity, given that at this level, it is a bicameral legislature, in which we meet, within the ordinary or special legislative procedure, the EU Council, the European Parliament, the latter holding the elections in May). In a few pages, we wanted to highlight some of the most important steps that characterized the exercise of the Presidency of the Council of the European Union by Romania. The choice of topics was an obvious one, based on the fact that, in their realization, colleagues were involved with special, but rewarding efforts that not only bring together the quality of theoreticians of the law, but also that of practitioners of the field.
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At the informal European Council, which took place in Romania, in Sibiu, on May 9, 2019, the EU leaders adopted the "Declaration from Sibiu", a document containing, in 10 points, the objectives to be achieved for the good of the European citizens. The informal meeting of the Heads of State and/or Government took place under the sign of the past, the present, but, above all, looking ahead to the "common (...) future", as the text of the Declaration begins.
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The Presidency of the Council of the European Union is ensured, for a period of 18 months, by groups predetermined by three Member States, a group called trio. The trio is formed on the basis of an equal rotation system of the Member States, taking into account their diversity and the geographical balance of the Union. The current trio consists of Romania, Finland and Croatia. The proposal recommends a presentation of the legal basis of the exercise of the Presidency of the Council of the European Union and of the establishment of trios, as well as highlighting the main aspects of the Council's 18-month Program (January 1, 2019 - June 30, 2020) and the audit of the Presidency of Romania - the state that has inaugurated the current trio - at the Council of the European Union.
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This article follows the evolution of the procedure for the adoption of the European Union E-evidence legislative package, from April 17, 2018, when the European Commission sent to the European Parliament and the Council the Proposal for a Regulation on the orders on European Production and Preservation Orders for electronic evidence in criminal matters and the Proposal of the Directive laying down harmonized rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings and up to now, insisting on the new paradigm of the principle of mutual recognition of judgments and judicial decisions, which is required by the Legislative Package, namely the compliance with the production and preservation orders by IT service providers, directly, without involving, in principle, a judicial enforcement authority. The contributions of the Austrian Presidency of the Council of the European Union, from the second semester of 2018, as well as of the Romanian Presidency, from the first semester of 2019 are highlighted, underlining the changes made by the Council on the Commission's Proposals through the general approaches on the Proposal of Regulation, its completion with its three annexes and the Proposal of the Directive. The article places particular emphasis on the elements of the general approach of the Council on the Draft Regulation that reflects the governmental interests of not losing national control over electronic data transfers, focusing on the newly introduced procedure for notification of production orders, of situations in which the production of electronic evidence is limited or hindered by the immunities or privileges, limitations or exclusion of criminal liability for journalists or for reasons of public order. Another issue analysed is that of the possible conflict between the jurisdictions of the European Union member states and those of the third states in relation to the production of electronic evidence, in particular by the lack of coordination of the provisions of the E-evidence legislative package with those of the US law, Cloud Act.
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Romania’s Presidency of the Council included among its objectives the elimination of remnant barriers within the internal market. For achieving this goal, Romania quickened the adoption of new rules, meant to facilitate the supply of digital content and digital services by traders to consumers, in a cross-border context. Romania’s contribution led to the adoption of the Directive (UE) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services. The Directive entails the maximum level of harmonisation and ensures a high level of consumer protection, diminishing, at the same time, trade obstacles in the European Union.
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Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (also known as Brussels IIbis Regulation) is relevant both in terms of ensuring effective legal protection for children and in the aspect of judicial cooperation in family law matters within the European Union, being a practical implementation of the principle of free movement of persons, in the an area of freedom, security and justice. In the first part, the article realises a brief analysis of some of the implementing rules of the Brussels IIbis Regulation prior to its reform, the analysis being an exemplifying and not limiting one, while in the second part, the main changes brought to the recast proposal are presented as well as the successful completion of the procedure for the adoption of the recast proposal during the rotating Presidency of Romania at the Council of the European Union, which makes the Presidency of Romania of the Council to achieve one of its objectives, namely Adopting the recast proposal of the Regulation (EC) No 2201/2003 and the publication of the new recast Regulation in the Official Journal of the European Union on July 2, 2019.
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The achieved objectives and the measures adopted during the Romanian Presidency of the Council, in the field of education and training highlighted the priorities of the Union and the interests of the Member States within the limits of the competences established by the Treaties of the Union. The results successfully achieved during the Romanian Presidency will have an impact at European level and will be able to generate progress in the evolution of this policy for which European Union EU could support the action implemented by Member States. The Erasmus Programme continues to be an important tool for developing this policy, as consequence it represented one of the main priorities of the Romania’s mandate at the EU Council.
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Digital technology is changing paradigms in society and, inevitably, in the legal space. This raises difficult questions that affect many aspects of the law. The European Union seems to use the rulemaking to facilitate technological development and, at the same time, to limit their use in certain respects. It is obvious that we are looking for new horizons. This paper outlines an overview of the EU digital policy, pointing to the subsequently adopted legal framework in the first half of 2019, in the field of the online platforms, open data flow, consumer protection in e-commerce and of copyright on the digital single market.
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During the first half of 2019, Romania held the Presidency of the Council of the European Union for the first time since its accession, and was confronted with a particularly difficult challenge: on 29 March 2019, the two-year term provided by Article 50 of the Treaty on European Union, for the negotiation and conclusion of a withdrawal agreement, came to a close. Consequently, Romania had to guide the Council through a process that had never been initiated before and to find ways of minimising the potential negative consequences of the United Kingdom’s withdrawal from the EU without an agreement.
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In 2019 Romania has exercised, for the first time since it acquired the status of member state of the European Union, the semi-annual and rotating Presidency of the Council of the European Union, an institution involved, together with the European Parliament, in the ordinary legislative procedure and responsible for the adoption of most of the legislative acts within the special legislative procedures, even if they may involve the participation of the European Parliament. Given that the Council institution is composed of representatives at ministerial level of the EU Member States, at first glance, the decision-making process within it could appear to be monopolized by the representatives concerned. However, and of great importance for ensuring the democratic legitimacy of the functioning of the Council, the activities connected to the exercise of its Presidency can also imply an important parliamentary component which, even in the absence of the adoption of acts with compulsory legal force, can exert a tangible influence on the activities of the analysed institution.
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