Jurnalul de Studii Juridice最新文献

{"title":"Advocate General Bobek: The Operator Of a Website Embedding a Third Party Plugin Such as the Facebook Like Button, Which Causes the Collection and Transmission of The Users Personal Data, is Jointly Responsible for That Stage of the Data Processing","authors":"N. Aniţei","doi":"10.18662/JLS/35","DOIUrl":"https://doi.org/10.18662/JLS/35","url":null,"abstract":"“Fashion ID is a German online retailer which sells fashion items. It embedded a plugin on its website: Facebook’s ‘Like’ button. As a result, when a user lands on Fashion ID’s website, information about that user’s IP address and browser string is transferred to Facebook. That transfer occurs automatically when Fashion ID’s website has loaded, irrespective of whether the user has clicked on the Like button and whether or not he has a Facebook account. Verbraucherzentrale NRW, a German association defending the interests of consumers, brought legal proceedings for an injunction against Fashion ID on the ground that the use of the Facebook Like button results in a breach of data protection legislation.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"128 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":"126909822","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}

{"title":"Observations Regarding the Legal Deduction of Some Mandatory Content Elements for the Internal Regulation","authors":"R. Oprea","doi":"10.18662/jls/31","DOIUrl":"https://doi.org/10.18662/jls/31","url":null,"abstract":"As it is well known, the mandatory content of the internal regulation is regulated by the provisions of art. 242 of Law no. 53/2003 – Labour Code, these altogether referring to the possibility of including other elements (therefore optional).  However, there are a series of other disparate provisions, in the same code, or in other legislations, which refer to such mandatory elements for the internal regulation, in case they don’t choose to include them in the collective labour contract or in the individual employment contract. In this article we will highlight as an example, for a vision of ample perspective, those mandatory elements for the content of the internal regulation to which the Law no. 53/2003 – Labour Code refers to in other provisions than those of art. 242. The utility of this step is both from the perspective of preventing some work conflicts and from the perspective of the control over the work inspection","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"140 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":"115729494","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}

{"title":"The Union Legislative Framework Concerning The Entry And Stay Conditions Of Third Country Nationals For Research, Studies, Professional Training, Volunteering Services, Pupils Exchange Programs Or Educational Projects And Au Pair Work","authors":"E. Vâlcu","doi":"10.18662/JLS/29","DOIUrl":"https://doi.org/10.18662/JLS/29","url":null,"abstract":"In order to establish an area of freedom, security and justice, the Treaty on the Functioning of the European Union (TFEU) provides measures to be taken with regard to asylum, immigration and protection of the rights of third-country nationals. Migration for research, training, volunteering and au pair work supports the acquisition of knowledge and skills. This is a form of mutual enrichment for the migrants concerned, their country of origin and the Member State concerned, while enhancing the inter-human ties and increasing cultural diversity.  Directive (EU) 2016/801 provides a coherent and common legal framework for different categories of third-country nationals arriving in the European Union with the role of, on the one hand, approximating national legislation on entry and exit conditions of these categories and, on the other hand, of remedying the shortcomings detected in the application of Directives 2004/114 / EC and 2005/71 / EC, simplifying and rationalizing them.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"264 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":"121411398","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}

{"title":"CONCEPTUAL REFERENDUM- SOCIO-LEGAL ASPECTS AND SOCIAL CONSEQUENCES","authors":"I. Apostu","doi":"10.18662/JLS/24","DOIUrl":"https://doi.org/10.18662/JLS/24","url":null,"abstract":"The culture in which the individual is born and socialized will always impress upon him. Analyzing the surface of social polemics about the \"danger\" of LGBT marriage, heterosexuality seems to be the main landmark of marital cohabitation, and minority alternatives seem to be a form of symbolic aggression that most feel sympathetic to accepting. Also, looking from the perspective of family protection actions through this ample national action, the referendum becomes more of an action to protect a simple concept of marriage than to protect the marital conjugal space, around which all fears about marriage are being developed (with all the \"risks\" of being \"veiled\" by same-sex couples claims). However, the legal modification of marriage only between man and woman does not protect conjugality from the \"danger\" of legalizing homosexual marital unions, nor from marriage-like rights such as adoption. The study aims to analyze comparatively international laws on consensual union and marriage, insisting on socio-legal resources that express rights similar to marriage in the European space.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124702217","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}

{"title":"BOOK REVIEW: PARTICIPAȚIA PENALA , THE CRIMINAL PARICIPATION, Author Monica-Eugenia UNGUREANU, UNIVERSUL JURIDIC Publishing House, Bucharest, 2017","authors":"Calina Andreea Gardkiotis","doi":"10.18662/jls/27","DOIUrl":"https://doi.org/10.18662/jls/27","url":null,"abstract":"","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121761509","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}

{"title":"DECISION IN CASE C-673/16 Relu Adrian COMAN AND OTHERS/ GENERAL INSPECTORATE FOR IMMIGRATION","authors":"N. Aniţei","doi":"10.18662/JLS/25","DOIUrl":"https://doi.org/10.18662/JLS/25","url":null,"abstract":"Mr. Relu Adrian Coman, a Romanian national, and Mr. Robert Clabourn Hamilton, an American national, married in Brussels in 2010. The Romanian-American homosexual couple: Relu Adrian Coman, Romanian citizen, and Robert Clabourn Hamilton, American citizen legally married in Belgium, requested the Romanian authorities (namely the General Inspectorate for Immigration (Romania) and the Ministry of Home Affairs (Romania)) in December to be informed of the procedure and conditions under which Mr. Hamilton could, as a member of Mr. Coman's family, or as a spouse who is not a national of an EU Member State, obtain the right to live legally in Romania for more than three months. In January 2013, the Immigration General Inspectorate transmitted to Mr. Robert Clabourn Hamilton in writing the refusal to grant the right to have a stable residence in Romania even though he is married to a Romanian (European) citizen, Mr. Relu Adrian Coman. On October 5, 2013, as petitioners Relu Adrian Coman, Robert Clabourn Hamilton, the Accept Association files an action against the respondents General Inspectorate for Immigration, the Ministry of Home Affairs and the National Council for Combating Discrimination, a declaratory action in the Court of District 5, Bucharest. By the authentication ruled in File no. 17111/302/2015 at the hearing on 18.12.2015, the District Court of District 5, Panel C-17 Civil, Bucharest, notified the Constitutional Court with the exception of the unconstitutionality of the provisions of art. 277 paragraphs 2 and 4 of the Civil Code related to art. 4, art. 16 and art. 26 of the Romanian Constitution, exception raised by the petitioners Relu Adrian Coman, Robert Clabourn Hamilton and the ACCEPT Association In November 2016, the RCC decided to send preliminary questions to the CJEU in file 78D / 2016 . Thus, the RCC decided to suspend the judgment of the case having as object the exception of unconstitutionality of the provisions of the Romanian Civil Code and asked the Court of Justice of the European Union to give a preliminary ruling. According to Advocate General Wathelet, the concept of 'spouse' includes, in the light of the freedom of residence of Union citizens and members of their families, same-sex spouses. Although Member States are free to authorize or not to authorize same-sex marriage, they may not impede the freedom of residence of a citizen of the Union by refusing to grant his/her same-sex spouse, a third-country national, a right of permanent residence on their territory.\" The Court of Justice of the European Union (Grand Chamber) delivered its judgment in Case C-673/16, Relu Adrian Coman and Others. c to the General Inspectorate for Immigration and the Ministry of Home Affairs on June 5, 2018. The Court of Justice of the European Union declares that \"In a situation where a Union citizen has made use of his / her freedom of movement by moving and actually living under the conditions laid down in Article 7 (1) of Directive 2004/38/E","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130167075","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}

{"title":"DEFINITION AND PARTICULARITIES OF THE NOTARIAL ACT","authors":"G. Schin","doi":"10.18662/JLS/23","DOIUrl":"https://doi.org/10.18662/JLS/23","url":null,"abstract":"The notarial act represents one of the most important categories of civil legal acts. The lack of a clear definition of the term \"notarial act\" and the complex legal nature of the notarial procedure have generated contradictory discussions in the specialized legal literature. Following the example of continental law, the Romanian law and Moldovan law are dominated by the great consensuality principle. Under this principle, notarial acts represent a variety of civil legal acts, and in practice these legal acts are deemed to have been concluded when the parties reach a willful agreement on all the essential clauses. In Romania, the notarial act is defined mainly by the Law no.36/1995 on Notaries Public and notarial activity, while several regulations regarding notarial acts are found in the legislation of the Republic of Moldova. According to Moldovan legislation, the notarial act is the document drafted, signed and sealed by the notary, having public authority and the probative force prescribed by law. In this respect, the Law no.1453/2002 on Notarial activity and the Law no.69 /2016 on the organization of the activity of notaries ensure a comprehensive regulation of notarial acts in the Republic of Moldova.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122653529","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}

{"title":"THE EFFECTS OF GUILTY PLEA AFTER THE START OF COURT INVESTIGATION. CHANGE OF CHARGES FOR THE OFFENCE","authors":"M. Pamfil","doi":"10.18662/JLS/26","DOIUrl":"https://doi.org/10.18662/JLS/26","url":null,"abstract":"The aim of this paper is to analyze the legal provisions governing the guilty plea procedure in the case of guilty plea and the procedure to be followed if it appears necessary to change the charges for the offense for which the defendant has been sued. In the case under consideration, the court proceeded to change the legal classification of the deed, after the beginning of the court investigation, and after the defendant had challenged all the evidence administered during the criminal prosecution, and, receiving the statement of acknowledgment of the defendant after the change in the legal classification of the deed, wrongly attributed to it, the value of an application for the application of the simplified procedure, although the time-limit for that procedure had already expired. The court of appeal found that the criticism regarding the application of the guilty plea procedure was well founded, as the court ordered the beginning of the court investigation as a result of the fact that, at the court interpellation, according to art.374 Code of Criminal Procedure, the defendant has testified that he does not acknowledge the facts. Analyzing th legal provisions of the Criminal code of Procedure, I appreciate that the decision of the appeal court is correct although the applicability of art. 396 paragraph 10 did not influence the punishment applied nor did it in any way breached the rights of the parties to the proceedings.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131304841","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}

{"title":"PERSPECTIVES ON THE INTERNAL SECURITY STRATEGY OF THE EUROPEAN UNION AND THE ROLE PLAYED BY THE STANDING COMMITTEE ON OPERATIONAL COOPERATION ON INTERNAL SECURITY IN IT","authors":"O. Gălăţeanu","doi":"10.18662/JLS/20","DOIUrl":"https://doi.org/10.18662/JLS/20","url":null,"abstract":": In 2010, the Council of the European Union completed the external security strategy of the European Union with an internal security strategy aiming at analysing and preventing all important threats the European society has been facing, as well as other threats having direct effect on the security of life and welfare of its citizens. One of the directions of the internal security strategy of the European Union is the operational cooperation. This cooperation is achieved through a complementary Union body named the Standing Committee on Operational Cooperation on Internal Security. The purpose, the governing principles and directions of this internal security strategy of the European Union are presented in this study, as well as the role played in its execution by the Standing Committee on Operational Cooperation on Internal Security (officially abbreviated COSI).","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123209271","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}

{"title":"DIFFICULTIES OF THE EVALUATION OF CORPORATE DAMAGE","authors":"Călina Jugastru","doi":"10.18662/JLS/21","DOIUrl":"https://doi.org/10.18662/JLS/21","url":null,"abstract":"The Romanian Civil Code follows the internationally promoted line in the right for repairing the corporeal injury. First of all, it uses a new classification of the prejudices - a tripartite classification of the Quebec Civil Code: material damages, non-patrimonial damages and corporeal damages. It is then welcomed the regulation (even incompletely) of some of the non-patrimonial components of the corporeal prejudice (such as the recreational prejudice, in article 1391 paragraph 1 of the Civil Code); the regulation of the reparation forms, both for the material damage and for the extra-patrimonial damage; the regulation (again, incomplete) of the non-patrimonial damage of the indirect victims (damage by ricochet); regulating the prejudice consists in losing the opportunity, the source being the offense or the contract; the inclusion, in the reparable damage, of the expenses incurred in order to avoid or minimize damage.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133304900","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}