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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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