For the national courts of law the aspects coming out from the principle of priority of the European Union law compared with the national law, are extremely important because the national judge will be many times in the position of deciding if he has to apply a community norm, and if yes, which is the procedure to follow. In this study we analyze some of the important aspects such as the contents of the principle of priority in European Union law compared with the national law, but also particular aspects, such as the relationship regarding the community law norms on one side, and the norms regarding the constitutions of the member states, on the other side. The obligation of the law courts to interpret the internal law in compliance with the European Union law results from the jurisprudence of the European Court of Justice. In this study the main aspects of this obligation are shown and also the rule for the procedural autonomy, acknowledged by the national judge that is applying the community law norms with the purpose to ensure the efficiency of these dispositions.
- Pages: 5-11
- Published on: 1st November 2016
- Keywords: The principle of priority of the European Union law, National law, European Union law, National judge, Rule for the procedural autonomy
- Received: 25th April, 2016
- Final revision and acceptance: 19th October, 2016
The existence and importance of criminology as a science is undeniable. A key feature of this discipline is that it is not the result of contemporary research, but it has a very old existence, in terms of its research subject namely the discovery of causality of the murders. When we talk about the history of criminology, we must bring into question the concerns of our ancestors in this matter even before Current Era. Criminology leaped over time, continuing to exist in the present and showing major signs that will evolve in the future as spectacular as before.
- Pages: 13-20
- Published on: 1st November 2016
- Keywords: Crime, Social relations, Security, Theory, Legal order, Crime causality
- Received: 13th June, 2016
- Final revision and acceptance: 19th October, 2016
The study presented herein represents a field with good present and future perspectives, especially because real estate property is not under the incidence of a single normative act regarding the sale-purchase agreement of such goods, and given the fact that there are specific legal provisions with respect to various real estate categories and the localization of such property. The article deals with the sale-purchase agreement of various real estate categories, such as fields, buildings, the correspondent lots, urban area, farm, and forests fields, focusing on some particularities. A special care is attributed to examining the applicable laws with regard to the purchase agreements of field lands, the special conditions to be taken into account, the persons that may act as buyers, including foreigners, those without citizenship, and legal persons of a nationality other than Romanian. Finally, a special concern is given to the formalities required for legally exerting the pre-emptive right and the applicable sanctions in that respect.
- Pages: 21-26
- Published on: 1st November 2016
- Keywords: Urban Area Purchase Agreement, Field Land Purchase Agreement, Building Purchase Agreement, Forest Land Purchase Agreement, Pre-emption Rights
- Received: 14th July, 2016
- Final revision and acceptance: 19th October, 2016
An essential dimension of the lawful state is represented by the consecration and guaranteeing of the fundamental rights and liberties, the ensuring of the optimum conditions for their exercising. The state has the negative obligation to restrain from any arbitrary or excessive requirement that may restrict or condition the exercise of the constitutional right. In order to be legitimate and constitutional, any restriction of the exercise of the fundamental rights and liberties through the measures prescribed by the state’s authorities, needs to have the character of exemption, not to affect the substance of the law and to fulfill all conditions stipulated by item 53 of the constitution. In relation to these premises we analyze in this study the constitutional institution of restraining some rights’ exercising and the relevant aspects of jurisprudence. The observance of the principle of proportionality is one of the constitutional requirements in order for such a restrictive measure to be legitimate. The main particularities of the principle of proportionality applied in the matter of restraining some rights’ exercising are analyzed with reference to the jurisprudence of the Constitutional Court and the European Court of Human’s Rights.
- Pages: 27-31
- Published on: 1st November 2016
- Keywords: Fundamental rights and liberties, Restriction of the exercise of the fundamental rights and liberties, Romanian constitution, Principle of proportionality
- Received: 26th August, 2016
- Final revision and acceptance: 19th October, 2016
The internal control system is currently under international control in a proper manner since the early 90s, when The Internal Control-Integrated Framework was published in 1992 by the Committee of Sponsoring Organizations of the Treadway Commission knowing over the years a series of steps that have marked key moments in shaping this system designed in particular to protect the financial resources of the institutions.
- Pages: 33-45
- Published on: 1st November 2016
- Keywords: The internal control / management, Legislative framework, Institutional instrument of good practice
- Received: 31th August, 2016
- Final revision and acceptance: 19th October, 2016
Risks in public procurement, field of activity carried out by economists, can be defined as probable events that may have an undesirable impact on the results, namely that inevitably lead to the occurrence of irregularities / event which may harm the objectives of the contracting authority. Public procurement process must be oriented towards the ultimate beneficiary of public investments made or citizen so that this process must support true competition genuine leading to selection of the most effective offers, namely to achieve the best product, service or work.
- Pages: 47-51
- Published on: 1st November 2016
- Keywords: Procurement, Risks, Procedures, Contracting units, Bidders
- Received: 5th September, 2016
- Final revision and acceptance: 19th October, 2016
