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The Right to Freedom of Expression and its Regulation in National and International Legislation
Varvara Licu?a COMAN
Acta Universitatis Danubius : Juridica , 2009,
Abstract: In international commercial disputes the extension of jurisdiction concerns the situation where a court extended its jurisdiction to the detriment of another abroad. Such an extension would not work but with an absolute breach of jurisdiction of other states. However, one cannot ignore the fact that article 25 of Regulation (EC) no. 44/2001 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters refers to mandatory reporting lack of competence whenever the court finds that a claim is another instance of a Member State of the Union shall have exclusive jurisdiction, text that indicate that incidental or accessory applications remain in the national court seized of the original proceedings. Although in theory it was argued that the lis pendens - related actions has no effect on international trade dispute, we can note that in relation to European Union member states lis pendens creates a special case of mandatory suspension of the case, while related actions a special case of voluntary suspension.
Interpretation of Treaties
Jana Maftei,Varvara Coman
Acta Universitatis Danubius : Juridica , 2012,
Abstract: The treaty today represents the main tool used by states in their cooperation, in order to regulate the international relations, because of the clarity and precision with which there are ascertained the agreements concluded between the subjects of international law. Any author interested in the Law of Treaties has analyzed the problem of interpretation, a particularly important and complex issue. The legal interpretation is the foundation of law, the need for these operations lies in clarifying the meaning of legal norms for its correct application and it is required by the imprecision of used terms, the interaction and inter-conditioning of some regulations. The legal interpretation involves distinct meanings, generated by the specifics of each branch of law, and in this paper we showed the theoretical and practical interest of interpreting a treaty in the negotiation and drafting its text stage, both in its implementation phase or settling disputes concerning its execution. As research methods for the completion of the paper we used analysis and interpretation of legal regulations in the matter, in particular the Vienna Convention on the Law of Treaties of 1969, the doctrinal opinions of Romanian and foreign legal literature, the practice of states and jurisprudence in this area.
Juridical Dimension of Discrimination
Varvara Licu?a Coman
EIRP Proceedings , 2009,
Abstract: A basic concept of the existing political and social-juridical speech, respecting the humanrights at the European level represents one of the political fundamental standards of European Union,clearly formulated by the European Council in Copenhagen in 1993. In this respect, is well-known thecondition clause practiced by the European Union in its economical relations with the developing states,clause that implies the compulsoriness to respect the human rights within these states. Together with theequality affirmation, the non-discrimination principle imposed itself as an essential element in the effortsmade for promoting and assuring that human rights are being respected. In essence, this principlerepresents, in fact, the negative form of equality of rights, reason for which they are often defined in closeconnection or one by the elements of the other.
Considerations on the Legal Status of the Individual in Public International Law
Jana MAFTEI,Varvara Licuta COMAN
Acta Universitatis Danubius : Juridica , 2010,
Abstract: The problem regarding the quality of the subjects in international law relations occupies a central place in the researchers’ concerns, as the determination of the entities with international legalstatus with the aptitude of holding rights and obligations within the international judicial order is absolutely necessary. If traditionally it is considered that the main subjects of international law are the states, and the international intergovernmental organizations are derived subjects in publicinternational law, the recent doctrine developments record controversial opinions regarding the quality of international law subject of the individual. This paper aims at analyzing the contemporary doctrine and practice as well as determining the characteristics of the international status of the individual.
The Right to Life
Varvara Coman,Jana Maftei,Vasilica Negru?
EIRP Proceedings , 2012,
Abstract: In the present study, we set ourselves to analyze a subject, which, due to its importance andextreme complexity, generated many discussions and controversies both at national and international level:the right to life. The great evolution of the contemporary society and the progress registered in various fieldsbrought into the attention of the states, international organizations, specialists in the field and public opinionthe pressing problem of interpreting the content and limits of the human fundamental rights and liberties. Weset ourselves to analyze the main international instruments regulating the right to life and to identify thesituations where determining the content of this fundamental right in necessary. Without the intent of acomplete work, we understand, throughout this study, to highline the great importance of the right to liferespecting for the entire humanity.
General Consideration on Legal Tax Evasion vs. Tax Fraud
Octavia-Daniela Steriopol,Varvara Licuta Coman,Mirela Costache
Acta Universitatis Danubius : Oeconomica , 2010,
Abstract: The article is a brief overview of tax evasion as a complex social and economicphenomenon, of utmost importance, that today’s states confront with; its consequences seek to limitas much as possible, by legal and fiscal means, the eradication, which, at this point, is virtuallyimpossible. Tax evasion can be analysed from two points of view, the legal and the illegal aspect ofthe phenomenon or the fiscal fraud. The “fiscal paradises” had a very important role in the last years’activity.
The Reservation to Treaty
Jana Maftei,Vasilica Negru?,Varvara Licu?a Coman
EIRP Proceedings , 2012,
Abstract: In this paper we aimed at analyzing the reservation to the treaty, a theme involving issuesrelated to one of the most important areas of public international law, namely the Law of Treaties. Thereservation to the treaty is regarded as one of the most controversial issues in the international law, whichhas generated intense discussions and debates and it has been analyzed both by the doctrine and by theinternational states and organizations. We aim at interpreting and explaining the content of the articles ofthe 1969 Vienna Convention on the Law of Treaties on the reservation to the Treaty in order to establishthe meaning and scope thereof, and at identifying the relationship between the reservation to the treatyand the states’ sovereignty. We do not believe that our analysis is exhaustive regarding the reservation tothe Treaty, but we have highlighted the importance of this institution relative to the conduct of relationsbetween states respecting the principles of international law.
The Global Dimension of Education
Vasilica Negru?,Jana Maftei,Varvara Licu?a Coman
EIRP Proceedings , 2012,
Abstract: The general objective of the paper was founded on a very current topic of great interest asglobalization is no longer a simple theoretical debate. It is a major process that clearly shapes the evolution ofthe contemporary world, opening new opportunities for development. In the information age it increases thetechnology importance of education, institutional performance, mass media. Not only the economy, but alsothe education is covered by profound changes caused by the information revolution and there have beensignificant, dramatic changes. Using content analysis, through a descriptive study research, this paper aims atshowing a new dimension of education, the global dimension, starting from the development of newtechnologies and their role in the global economic growth. We thus appreciate that ensuring quality educationfor all citizens it will enable the EU to face the challenges, namely the globalization and competitiveness ofnewly industrialized countries, the demographic structure, the rapidly evolving labor market and therevolution of information and communication technologies.
The Liability Limits for the Minors’ Acts and for Persons with Particular Legal Situation. Aspects of Comparative Law
Varvara Licuta Coman,Mirela Paula Costache,Dorin Matei
EIRP Proceedings , 2010,
Abstract: The normal and balanced evolution of the social life imposes the respect of rules of conduct regarding the rights and interests of all its members. Nobody has the right to violate or to disregard theserights and, as a result, anyone who comes in conflict with to these rules must be responsible for his deeds or, objectively, has to guarantee and bare certain risks. Therefore, the purpose of the present paper is to study, by examining each and every element, the objective misdemeanor responsibility of the parents for the deeds oftheir underage children, seen from the perspective of the Civil code into force, of the New Civil code as well as of the French civil legislation.
The suspension, prosecution and dismissal of the president of Romania and of other heads of state from European Union
Angelica Chirila,Ion Rusu,Minodora-Ioana Rusu-Balan,Varvara Licuta Coman
Law Review , 2013,
Abstract: This study examines a critical view of a particularly sensitive topic and briefly discussed in the literature, namely: the responsibility of the President of Romania. Given the complexity of this theme, the research focuses on the severe analysis of the constitutional standards relating to political and legal responsibility of the Institution of the President of Romania in the light of serious violations of the Constitution. The analysis also seeks scientific interpretation of the legal phrases "grave acts” which violate the constitutional stipulations" and "high treason", by identifying specifically those actions that can be classified as "grave", and also those that can meet the elements of an act of "high treason".The whole issue concerns the comparative analysis with the fundamental laws of some states with traditional democratic regimes. The analysis highlights the need for supplementing and amending some constitutional rules on the subject examined from the perspective of more accurate evaluation and of clear demarcation of Constitution violations, which can be interpreted as grave or others of high treason that can be imputed to the President.
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