Jurnalul de Studii Juridice最新文献

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Review of the Volume “Contractul de Concesiune” (The concession contract) 2nd Edition, Author: Catalina Georgeta Dinu, C. H. Beck Publishing House, Bucharest, 2016
Jurnalul de Studii Juridice Pub Date : 2020-02-21 DOI: 10.18662/jls/55
Mihaela Aghenitei
{"title":"Review of the Volume “Contractul de Concesiune” (The concession contract) 2nd Edition, Author: Catalina Georgeta Dinu, C. H. Beck Publishing House, Bucharest, 2016","authors":"Mihaela Aghenitei","doi":"10.18662/jls/55","DOIUrl":"https://doi.org/10.18662/jls/55","url":null,"abstract":"The book written in the second edition of its publication defines the exceptional activity of the author in his field, a field chosen from the doctoral theme, whose research is still ongoing today, in a permanent concern of reporting the public contracts analyze to the European and international space regarding the public contracts and especially, the concession. Moreover, the work underlines a comparison approach between the concession contract on national and international level and the other types of contracts that try to eclipse it, reporting it to both the private and the public domain.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127825595","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Tradition, Reform And Harmonization Trends in Matters of Matrimonial Agreement in Romanian Private International Law 罗马尼亚国际私法婚姻协议问题的传统、改革与协调趋势
Jurnalul de Studii Juridice Pub Date : 2020-02-21 DOI: 10.18662/jls/47
N. Aniţei
{"title":"Tradition, Reform And Harmonization Trends in Matters of Matrimonial Agreement in Romanian Private International Law","authors":"N. Aniţei","doi":"10.18662/jls/47","DOIUrl":"https://doi.org/10.18662/jls/47","url":null,"abstract":"Currently there is no work dedicated to matrimonial agreements (matrimonial property regimes) in private international law that a) studies the legal mechanisms by which, in both Romania and abroad, the competent legal system governing such agreements involving a foreign element between spouses is established; and b) studies the trends resulting from European unification of national legislation in this vast field.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"625 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122545441","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
From Virtues Ethics to Operational Ethical Values in Police Activity 从美德伦理到警察活动中的行动伦理价值
Jurnalul de Studii Juridice Pub Date : 2020-02-21 DOI: 10.18662/jls/51
C. Ignatescu, A. Sandu
{"title":"From Virtues Ethics to Operational Ethical Values in Police Activity","authors":"C. Ignatescu, A. Sandu","doi":"10.18662/jls/51","DOIUrl":"https://doi.org/10.18662/jls/51","url":null,"abstract":"This paper aims to clarify the operational ethical values of the police activity from the perspective of developing the institutional capacity of the police to act as guarantor of the rule of law. Professional virtue represents the ability to continuously perform one's professional duty with fairness, honesty, and responsibility, avoiding any behavior that undermines the professional dignity of the police officer.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123312740","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Administrative Organization in Several European States: Territorial Levels and the Distribution of Competences According to their Constitutions 几个欧洲国家的行政组织:根据其宪法的领土层次和权限分配
Jurnalul de Studii Juridice Pub Date : 2020-02-21 DOI: 10.18662/jls/48
C. Pătraşcu
{"title":"Administrative Organization in Several European States: Territorial Levels and the Distribution of Competences According to their Constitutions","authors":"C. Pătraşcu","doi":"10.18662/jls/48","DOIUrl":"https://doi.org/10.18662/jls/48","url":null,"abstract":"The study of the organization and models of public administration in all their complexity has become more and more extensive and reached deeper levels of analysis and understanding. The European Commission has emphasized on various occasions the importance of knowing better the characteristic features of the public administrative systems of the member states in order to adopt and apply the necessary legislative acts, measures and strategies to ensure an enhanced coordination between the EU and its members. Although there is no single model of public administration or a unique administrative framework which is the same for all the EU countries, the EU makes efforts at coordinating and harmonizing both legislation and policies in the administrative domain. Its various actions point into the direction of encouraging governments to increase their efficiency and adopt the needed reforms to comply with EU’s regulatory framework and policies but also to develop their administrative capacity. The organization of local public administration, as the closest level to the citizens, is established in accordance with the principles of the fundamental law or Constitution and with the state’s legislation. The analysis of these provisions reveals the existence of a great variety of modes of organization and of various ways of sharing the competences between the central and local levels of public administration. Despite this huge diversity, states can be grouped in several classes using the criterion of the levels of public administration and of the accomplishment of competences between these levels.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"110 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130827592","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Presentation and Discussion Incidents Regarding the Competence of Fiscal Authorities In Code of Fiscal Procedure in Romanian Law 罗马尼亚《财政程序法典》中有关财政机关权限的事件介绍与讨论
Jurnalul de Studii Juridice Pub Date : 2019-01-29 DOI: 10.18662/JLS/30
N. Aniţei
{"title":"Presentation and Discussion Incidents Regarding the Competence of Fiscal Authorities In Code of Fiscal Procedure in Romanian Law","authors":"N. Aniţei","doi":"10.18662/JLS/30","DOIUrl":"https://doi.org/10.18662/JLS/30","url":null,"abstract":"The enactment of the Code of Fiscal Procedure in 2003 represents a major step toward the unification of the Romanian fiscal legislation. Unfortunately, the Romanian Fiscal Law continues to be scattered, by the enactment of a plethora of legislative acts and regulations which intend to complete or modify the Code of Fiscal Procedure. This paper studies chapter I of the Third Title of the Code of Fiscal Procedure entitled “General Procedural Provisions”. This chapter provides for the general jurisdiction of the fiscal bodies.  The authors define concepts such as: jurisdiction of the fiscal bodies, general jurisdiction territorial jurisdiction, jurisdiction on the secondary seats, territorial jurisdiction of the fiscal branches of the local public administration (as well as special jurisdiction by inference from the same notions used by the Civil Procedure Law (that is the common law for the interpretation and completion of the Code of Fiscal Procedure). The authors indicate which are the fiscal bodies with jurisdiction on the fiscal claims management as well as the fiscal bodies entitled to regulate the application of the legal fiscal provisions and to exercise the fiscal control. The paper highlights the legal gaps to be found in the provisions of Chapter I, Title III of the Code of Fiscal Procedure and tries to fill these gaps by de lege ferenda proposals.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126971434","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Special Procedure la Saisine pour Avis de la Cour de Cassation. Legal Background and Importance 向最高上诉法院申诉的特别程序。法律背景及重要性
Jurnalul de Studii Juridice Pub Date : 2019-01-29 DOI: 10.18662/jls/28
Iulia Boghirnea
{"title":"The Special Procedure la Saisine pour Avis de la Cour de Cassation. Legal Background and Importance","authors":"Iulia Boghirnea","doi":"10.18662/jls/28","DOIUrl":"https://doi.org/10.18662/jls/28","url":null,"abstract":"The French legislator has created in 1991 the procedure of the “notification for opinion” (la saisine pour avis) of the Court of Cassation as a procedural incident which solves a new legal issue arose in a pending trial, which presents serious particularities for the judges of the litigation and to which it depends the solution of the first court. In this article, the author analyzes the French incident legislation and the importance of the notification for opinion of the Court of Cassation, scientific approach having as purpose the understanding of such procedure from the perspective of the adoption of a similar one in the Romanian legislation.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130959640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Juridical Approach of Truth 真理的司法途径
Jurnalul de Studii Juridice Pub Date : 2019-01-29 DOI: 10.18662/jls/34
M. Lupu
{"title":"The Juridical Approach of Truth","authors":"M. Lupu","doi":"10.18662/jls/34","DOIUrl":"https://doi.org/10.18662/jls/34","url":null,"abstract":"Finding the truth is considered by many people envolved in a lawsuit as the ideal of justice, beyond punishing those who are guilty for committing crimes, the obligation to recognize the subjective rights’ violation or the compensation for damages. In certain situations, a partial truth becomes similar to injustice. The legislators have turned the finding of truth into a fundamental principle of law, quite abstract in comparison to formal, direct norms, with provisions that require a minimum margin of interpretation. Taken in this formalism, law scholars, judges and lawyers, especially after a long period of time, may no longer relate to fundamental values, including the finding of truth. The compromised truth leads to a misapplication of the law and, implicitly, to a vicious court decision on litigation. One af the arised question is whether the legislator himself should be mindful of the truth in the law-making process. The approaches may be diverse: substantiation of norms, simplification of procedures, systematization of law towards the predictable and understandable solution to legal conflicts.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128906568","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Criticism Regarding the Regulation of the Regular Character for Telework Activity in Romania and De Lege Ferenda 对罗马尼亚和De Lege Ferenda对远程工作活动的常规性质的规定的批评
Jurnalul de Studii Juridice Pub Date : 2019-01-29 DOI: 10.18662/jls/32
A. Stefanescu
{"title":"Criticism Regarding the Regulation of the Regular Character for Telework Activity in Romania and De Lege Ferenda","authors":"A. Stefanescu","doi":"10.18662/jls/32","DOIUrl":"https://doi.org/10.18662/jls/32","url":null,"abstract":"While the Telework Framework Agreement concluded on July 16, 2002 between the European Community Industrialists Association, the European Union of Craftsmen and Small and Medium-Sized Enterprises, the European Centre for Enterprises with Public Participation, and Enterprises of General Economic Interest and the European Confederation of Trade Unions on telecommunication defines it as \"a form of organization and / or performance of work using information technology (...) achieved (...) regularly (...)\", for our country Law no. 81/2018, although it resumes the reference to the \"regular\" character, contradicts it clearly and in an unconcealed manner, translating it into the fact that such work would take place \"at least one day a month\". We want to raise this issue, showing the consequences for practice and maintain a proposal for de lege ferenda formulated since 2010.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129363872","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Administrative Operations Concept. Classification. Legal Effects 行政操作概念。分类。法律的影响
Jurnalul de Studii Juridice Pub Date : 2019-01-28 DOI: 10.18662/jls/33
D. Mata
{"title":"Administrative Operations Concept. Classification. Legal Effects","authors":"D. Mata","doi":"10.18662/jls/33","DOIUrl":"https://doi.org/10.18662/jls/33","url":null,"abstract":"Administrative operations are one of the types of activity of the public administration. They are widely spread in the context of this activity and usually represent mandatory procedures for the preparation, issuance, or execution of an administrative act. They are not expressions of will intended to give birth to, modify, or terminate legal relationships, therefore administrative operations do not produce legal effects by themselves. The most important characteristic of the legal regime of administration operations is that the administrative court cannot verify the legality of an administrative operation by way of direct action. The administrative court may request the administrative body to perform a specific administrative operation when facing unjustified refusal. This article analyses the aspects regarding the concept, classification, and effects of the administrative operations relating to the jurisprudential orientations and the main principles expressed by the doctrine.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114623521","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Book Review: Actul administrativ. The Ultimate Theory, author: Madalina Voican Universitaria Publishing House, Craiova, 2018 书评:实际管理。《终极理论》,作者:Madalina voice Universitaria出版社,克拉约瓦,2018年
Jurnalul de Studii Juridice Pub Date : 2019-01-28 DOI: 10.18662/JLS/36
Madalin Mihailescu
{"title":"Book Review: Actul administrativ. The Ultimate Theory, author: Madalina Voican Universitaria Publishing House, Craiova, 2018","authors":"Madalin Mihailescu","doi":"10.18662/JLS/36","DOIUrl":"https://doi.org/10.18662/JLS/36","url":null,"abstract":"The book so ingeniously named “Actul administrativ. The ultimate theory” (The Administrative Act. The Ultimate Theory), validates once more how important and full of substance the theoretical (and more importantly practical) issues related to the administrative act are. Such importance is demonstrated both by the manner chosen by the author to present the notions described in the book as well as by the approach adopted to illustrate them.  The theme in itself is extremely vast and it has so far been approached by a countless number of specialists from a doctrinarian and practical point of view, through valuable and ingenious comments issued with regard to various interpretable matters related to the administrative acts, the opportunity and the legality of such acts, matters related to prescription or the capacity of some structures to issue administrative acts. In fact, the theme is contemporary as it has been the main topic of research for numerous studies, articles, doctoral or ability theses. What is more, following pertinent and profound analyses, there emerged the conclusion that this is a field where „everything should be reconsidered” - namely the exorbitant legal regime of the administrative act, its validity conditions or even the theory of nullities . The material that constitutes the scope of my review mainly conforms to the classical approach to presenting the administrative act, focuses on theoretical topics and favourably combines theory and doctrine with contemporary practical aspects, a fact that makes it a quality textbook and an useful instrument that may be used by any student or legal practitioner interested in this field of law.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121670865","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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