• Agora International Journal of Juridical Sciences

Publisher:
Agora University Editing House
Publication date:
2011-07-20
ISBN:
2067-7677

Latest documents

  • Current tendencies of the european union developmentconsequences of this development on short and medium term

    The institutional development of the European Union requires not only a consolidation of European union bodies but also common and coordinated policies, that inevitably imply the obligation of the Member States to give up to a part of their own powers, in other words to give in of their national sovereignty. The matter in question, at least from our point of view, is whether Romania is or not prepared for this kind of constitutional development.

  • Role of customs and border cooperation in fighting the terrorism financing and funding proliferation

    In the context in which strategic objectives for of the customs union concerns, first of all, protecting the EU, international cooperation is in itself a strategy within the EU customs policy. This study seeks to identify concrete solutions that can restrict the financing acts of terrorism and crime in terms of economic and financial trade by reducing fraud and tax frontier. The involvement of international organizations specialized in trade facilitation and simplification of customs as well as development and implementation of international standards in security, can prioritize and identify timely the activities inconsistent with international agreements in combating the financing of terorsim and proliferation financing.

  • Good faith in domestic sales law

    Good faith is a true principle widely established by the positive law. But how does this principle operate? How is the connection made between an undetermined legal standard, such as good faith, and the practical operations by which contractual obligations are fulfilled? The essay will answer to these questions by providing a comprehensive analysis of how the concept of good faith operates in a variety of national law systems.

  • The international humanitarian law applicable in the new types of armed conflicts

    The international humanitarian law applicable in armed conflicts has evolved continuously since antiquity until today, its doctrinal writings pointing out during the modern period the influence that the progress of the concepts and the practices of war has had on the development of the normative conventions, especially the first and second world war, resulting in texts that are applicable even today.

  • Role of the interpretation reserve in the constitutionalization of Romanian and French criminal law

    The interpretation reserve is the only instrument through which the criminal judge becomes an actor in the constitutionalization process of the criminal law, because although he does not rejoice from the competence of rendering decisions the on constitutionality or unconstitutionality of law, the interpretation under reserve directly refers to it, by the compulsoriness of observing the sense granted by the constitutional court.

  • Considerations regarding the compliance of Romanian legislation with the directive (EU) NO. 42/2014 Regarding the freezing and confiscation of the instruments and products of crimes committed in the European Union

    The work analyzes the compliance of domestic legislation with the Directive (EU) nr. 42 of April 3, 2014 for the freezing and confiscation of the instruments and products of crimes committed in the European Union, in anticipation of the need to adapt it until the deadline laid down by it, namely October 4, 2016.

  • Ethnical minorities and issue of changing the state territory

    Although, traditionally, the European Union is associated to the uniformity of the rules imposed, such as common market or unique currency, the challenge for European Union consists in finding the balance between the uniformity of economic rules and diversity involved by the multitude of traditions, cultures, ethnic groups living between its borders, diversity to be enriched more pursuant to the accession of candidate states. Therefore, even if through time it was brought in discussion countless times, lately the problem of secession has become more and more emphatic, both in states from the European Union - Spain (Catalonia, Basque Country), Belgium (Flanders) or Great Britain (Scotland) and in other European states, like the cases of Kosovo and Crimea.

  • The arbitral decision pronounced in ad-hoc domestic-law arbitration in the regulation of the New Romanian Code of Civil Procedure

    The need to relieve the Romanian judicial system from the large number of cases, coupled with the assignment of specific prerogatives to certain people, bodies or institutions regarding the settlement of certain disputes, has resulted in the extension of arbitration as a significant way of settling litigations of a private nature. This article presents some issues referring to arbitration in Romania, and then analyze, from the perspective of the New Romanian Code of Civil Procedure, the features of a settlement pronounced as a result of ad-hoc domestic-law arbitration, called arbitral decision, stressing elements of novelty and essential changes brought to it.

  • The exercise of a right or the carying out of an obligation - Justified causes reintroduced into the New Romanian Criminal Code

    This study aims to analyze an old concept, namely, the exercise of a right or the performance of an obligation as one of the justified causes, reintroduced into the new Romanian Criminal Code after more than 40 years. Even having a long history of existence within the Romanian criminal codes adopted in 1864 and 1936, during the communist era, once adopted the Romanian Criminal Code in 1968, in force until 1-st of February, 2014, this justified cause had been removed. At the time, the communist legislator considered as being useless to mention it among the other causes which can remove the criminal liability. The doctrine of the time argued that a criminal fact committed when carrying out an order given by the law or the competent authority didn’t meet the criteria of being a crime, beca...

  • Documentary fraud as seen by the documentary fraud bureau of the direction of border police

    Today, we are witnessing a globalisation and intensification which is unprecedented in the history of migratory flows in our country. These flows are now of a very complex nature as placed under criminal rule. With this level of organisation, we are not just trying to counter illegal immigration, but fighting against criminality. In this respect, the use of forged documents or documentary fraud in general is a great boon to the activities of the clandestine networks and constitutes an excellent means of introducing illegal immigrants into Western countries.

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