Law
Total Articles
10 –
18 of 377 | |
Legal Nature of the Investor’s Consent to the Conclusion of the Agreement with Sub-contractor
Author(s):Sławomir SZEJNA
Journal:
Acta Universitatis Danubius. Juridica
Publisher:Editura Universitara Danubius
Abstract
| Pages: 105-114
The Right of Children to Know their Parents – a Constitutive Element of the Child’s Identity
Author(s):Andreea DRĂGHICI, Ionel DIDEA, Ramona DUMINICĂ
Journal:
Acta Universitatis Danubius. Juridica
Publisher:Editura Universitara Danubius
Abstract
| Pages: 115-123
General Considerations Regarding the Restrictions, Exemptions and Limitations on the Right of Free Movement of Persons
Author(s):Vasilica Negrut
Journal:
Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 5-13
This paper addresses a current problem, not only for the legal research, but also for the
practical activity. Through this study we resume a subject that was analyzed by other authors as well,
however, we highlighted, based on the analysis and observation, certain features on the free
movement of persons. In the current context of globalization, the free movement of persons has new
nuances. Based on the historical perspective of the approach of this principle, we examined the
restrictions, exceptions and limitations on free movement of persons. From the analysis of the
European legislation and jurisprudence it results that the exceptions on the free movement of persons
must be interpreted strictly, the limits and the purpose of the restrictions being consistent with the
general principles of European Union law (non-discrimination principle, proportionality and
fundamental rights protection).
The Interpretation Function of the European Judge – Basis for Preliminary Rulings
Author(s):Dan Cimpoeru
Journal:
Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 14-24
One of the legal mechanisms that have contributed to the strengthening of EU law in
relation to national legal systems is the reference for preliminary rulings. Essentially, in this
proceeding, the national court refers a question and the Court of Justice of the European Union, in a
preliminary ruling, answer on the interpretation of EU law. Through these binding decisions with a
jurisdictional nature, the European judge not only ensures an official interpretation of EU law but an
uniformity of application. Unlike ordinary law court activity, where the object of judgment is a fact
that is related to a rule of law, in a preliminary judgment, the object of judgment is the interpretation
of EU law provision. Similarly, a national constitutional court acts, it being the only competent
authority to interpret the Constitution of a State; from this perspective, the Court of Justice of the
European Union is a true “European constitutional court” because it has the exclusive jurisdiction to
interpret Community law. The interpretation function of the European judge, as well as that of
constitutional judge, has certain features that distinguish the jurisdictional activity of a fundamental
ordinary judge. This study aims to address this topic less studied by doctrine and capture those
features of the interpretation function of the European judge.
Methods and Functions of Comparative Law
Author(s):Blerton Sinani
Journal:
Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 25-40
The purpose of this research paper is “to explain the topic” whose reviews are made.
Hence, reviews of this research article refer to the legal content of the thematic area of comparative
law, first and foremost, to methods and functions of comparative law. The elaboration of methods and
functions of comparative law, as a starting point, has the historical origins and development of
comparative law. However, the approaches did not stop to methods and functions of comparative law,
but are extended and focused on the principle of functionality, also in macro-comparison and microcomparison
concept as a central juridical category of comparative law as an autonomous scientific
juridical discipline. Otherwise, this article is of particular interest, overall and above all, to the
development of theoretic, legal-comparative reasoning, as well as the professional applicative
reasoning.
Eutanasia, National and International Perspectives
Author(s):Ciasc Rustin
Journal:
Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 41-51
The topic of euthanasia can be defined and analyzed upon considering several perspectives,
such as the legal, religious, historical, philosophical, medical or ethical ones. This article attempts to
supply a brief presentation of these perspectives, indicating the existing trends and standpoints at
world level in connection to perceptions regarding the phenomenon mentioned, exemplified by
opinions described in the doctrine and relevant jurisprudence. At the same time, in this article I will
try to indicate the weak spots of the Romanian legislation in the euthanasia area, upon supplying
some proposals for legislative intervention. Concomitantly, it should appear the idea that not the right
to die per se is to receive motivations and be included in the law, but the duty to live. This should be
done first by drafting an adequate law to the terminal states that would guide their medical practice
and comply with the world legislative trends.
Principles of European Family Law regarding Divorce – Special View Over the Romanian Civil Code
Author(s):Monica Anca Ardeleanu
Journal:
Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 52-62
This paper aims to discuss the harmonization of family regulations at European level and
also to analyze to what extent the Principles of European Family Law regarding Divorce have been
included in the family regulations at national level. In order to reach the objectives, there were two
research methods that have been used: document analysis and comparative research. At European
level there is no definition of “family” and this fact makes the concept of family very difficult to
define. Considering the various sociological, anthropological, historical and religious factors, the
definition and the meaning attributed to this institution differs from state to state. The analysis has
revealed that in the last decade there is a growing interest for harmonization in the field of family law.
It has also revealed that, at national level, steps have been made in order to integrate the European
principles in the national regulations. The importance of this study is that has provided detailed
information of the European norms and also a thorough analysis about the national regulation and the
improvements that can be made.
Cross-Border Cooperation in the Context of Romania’s Accession to the Treaty of Prüm
Author(s):Ioana-Minodora Rusu
Journal:
Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 63-78
The conducted research aims at critically examining the provisions of the Prüm Treaty, and
therefore the proposal for the adoption of new provisions that would contribute to the improvement of
the legislation in the field and increase the police and judicial cooperation. This paper is a
continuation of previous research on topics related to judicial cooperation in criminal matters in the
European Union. The conclusions and findings highlight the utility of the European legislative act in
this area and the need to supplement it with new provisions in order to broaden the jurisdiction of
officials of another State on the territory of the host State in joint actions, in order to prevent and
combat the cross-border criminality, particularly terrorism. The paper can be helpful to both
theoreticians and practitioners, and to all who wish to improve their knowledge in this highly complex
domain. The essential contribution of this study refers to the critical examination and the proposals
for supplementing and amending the European and internal legislation in this area.
Legislative Oversight Functions in Nigeria. Odyssey of Hunters becoming the Hunted
Author(s):Kazeem Olusola Amusa
Journal:
Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 79-95
Objectives: The trust of this research is to locate the legislative oversight functions as a
key element in promoting accountability and transparency in Africa, view through Nigeria
perspective. Prior work: The paper is anchored on the concept of separation of powers as it
addresses an essential legislative role in ensuring checks and limitations on the exercise of executive
powers. Approach: The research is basically observation, analytical and comparative. Results: The
research shows that since 1999, the legislative body in Nigeria has been wobbling from one sleaze to
another because of misuse of oversight functions, thus undermines democratic governance.
Implication: This study contains useful information on the practice of legislative oversight which can
stimulate academics and researchers to undertake further comparative research on this topic. Value:
The work made several suggestions which include the need to overhaul democratization process in
Nigeria as there is nexus between the failure of the legislature to dutifully discharge its oversight
functions and inherent incapacity of those elected into office.
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