The current study aims to present selective aspects regarding the right of a person aggrieved by a public authority and the findings in the Constitution of Romania, in the Constitution of Republic of Moldova and in comparative law. The right of a person aggrieved by a public authority is regulated by the Article 52 of the Constitution of Romania. The right of a person aggrieved...
Frequently, thefts have as material object goods with a considerable economic value, reason for which they are committed on people with a good material situation, usually being businessmen or foreign investors. Robbery is one of the most serious crimes, damaging the heritage and life, implicitly the health of the person, and through serious consequences it has a negative effect...
The purpose of this study is to establish the categories of arbitral awards that may be classified as foreign by reference to the provisions of the Code of Civil Procedure and the provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, adopted in New York (1958). In carrying out this approach, we had as a starting point certain doctrinal...
In many parts of the world, globalisation creates a phenomenon which integrates states into federal-like structures, even if they are not necessarily of the known, classical type, like the European Union, for instance. The international doctrine and practise also credit federal states with a higher potential for economic growth compared to unitary states. Starting from the...
Since the war of 1999, the city of Mitrovica in Kosovo is divided into two parts, consequently causing demographic changes. This had imposed the administrative division of the city which through the Ahtisaari Plan formed South Mitrovica with Albanian majority and North Mitrovica with Serb majority. Despite the fact that Mitrovica after the war has always been seen as an Albanian...
In the introductory remarks, the paper highlights the shared past of the central European countries and the most important historical moments for the development of the public administration. Further, the paper points out various theoretical approaches to the definition of the term public service, public administration and its classification concerning the academic background in...
Restorative justice is a preventive response to understanding crime in a social context. It is a challenge to unearth the roots of offence and crime to be able to break the cycle. This restorative justice is based on the assumption that the crime originated in a social situation and recognizes that the perpetrator of the crime has also been injured. Therefore, the community must...
Considering the current COVID 19 pandemic, but not limited to this exceptional situation, contractors can experience different types of setbacks that may result in the impossibility to complete the works they have undertaken by a contract, either in due time, or at all. Positive law institutions, regulated in both common and continental law systems may help adjusting these...
This paper is a comparative study between the Romanian legislation and the UNCITRAL Model Law. Its main goal is to identify the similarities and differences between the law applicable in Romania and the soft law instrument mentioned above, with respect to the role of domestic courts in the arbitral procedure. Thus, we will see that – although, in abstracto, the differences...
Judicial review of the executive is an essential element of democracy. It ensures the legality of administration. It is obvious that for adequate protection of rights of individuals, judicial review should be effective. There are two models of judicial review: the cassation and the merit one. The first of them is based on assumptions derived from the AustroHungarian regulations...
The means of proof used in criminal cases differ depending on the content of the crime and the circumstances in which it was committed. Each means of proof has its own administration procedures. Thus, the means of proof is a legal category that designates the ways or operations by which the content of the evidence is discovered and valued under the law. The witness's statement...
In the process of nation-building in Eastern Europe in general and in particular in the territories that were under Ottoman occupation in the Balkans, the formation of the Albanian national identity is the most atypical and perhaps the most complicated case. This is due to the fact that the Albanians as a nation, after the Ottoman conquest, faced a situation of confrontation with...
VAT enforcement by the Romanian tax authorities has recently been discussed by the European Court of Justice in a preliminary ruling concerning the correct imposition of VAT and the taxpayers’ rights in challenging the said decision to impose. Since Romania is a member of the European Union it is obliged to comply with the European regulations in place, in this case being the...
The criminal liability related to employment is regulated by means of a special chapter in the Labor Code. There are also special regulations, other than the ones mentioned in Romanian Labor Code, that are applicable to the participants of an employment relation in case a criminal activity is involved. These special provisions relate also to the applicable obligations arising out...
This work analyzes the international identity of the European Union (EU) in the context of the new world order with a focus on issues developing in Kosovo. The development of EU and its unique character in relation to Public International Law (PIL) has made the issue of legal subjects more complex. Unlike traditional international organizations, EU is governed by the principle of...
Debates and discussions on the national identity of Albanians, respectively the civil belonging of this identity, has its genesis since the period of the Albanian National Renaissance. At that period of time, the Albanian Renaissance’s representatives faced the civil belonging’s dilemma of the Albanian nation. This, because of the fact that Albanians had a nation, culture and...
The United States of America defined the national purpose in the first two words of its Constitution. The United States of America is the state where the rulers have gained the authority to speak, to act on behalf of 'We the People'. 'We the People' was the philosophy of the 'founding fathers' of the Constitution of the United States of America. 'We the People' was the theory...
In order to fulfill the principle of the constitutional state, Republic of Indonesia in its constitution admit and guarantee that every people have rights of recognition, guarantee, protection, fair legal certainty and equality before the law. Discretionary power or freies ermessen attached to administrative power even according to the principle of constitutional state every...
In analyzing legal materials, one of the applied techniques as contained in the research method is reconstructive. Reconstructive analysis technique for legal materials comes from the term reconstruction. The meaning of reconstruction in the context of analysis is in term of the building of the material object under the study according to critical epistemology based on the value...
The objective in the enaction of the Law of the Republic of Indonesia Number 40 of 2004 concerning National Social Security System is that everyone has the rights to get social security in order to be able to fulfill proper basic needs for their life and increase their dignity towards the realization of a prosperous, fair and wealthy Indonesian society that appropriate and...
The phenomenon of the domestic violence in Kosovo holds an important position in the positive legislation in Kosovo. This phenomenon apart from causing consequences to an individual as a victim, at the same time it causes consequences also for other parts of the family. Domestic violence has been present also in the past in the Kosovo families, but of course with lower intensity...
The duty to mitigate damages is recognized as a general principle of law in most jurisdictions and moreover, as a principle of international law. Therefore, it can be applied by courts in contract claims cases, even when it is not expressly stated by the contract. The main criteria is to determine if the party adopted reasonable measures in order to either minimize its loss or to...
This work scrutinizes modalities of the constitutionalization of international human rights instruments in the Republic of Kosova. Most of the newly established democracies or post-communist countries, as Kosova is, have adopted the highest western standards in guaranteeing human rights protection. However, the approach that this country has followed to make these standards part...
The purpose of this paper is to analyses the current situation in the field of public administration in Kosovo in the context of European Integration. This paper presents a reflection of the challenges faced by the public administration in Kosovo, in the context of the requirements for advancement and reform of public administration arising from the European integration process...
Law 31/1990 on companies provides a series of cases that lead to the dissolution of a company either by the will of the associates, either by the decision of the court of law, either by law. As such, even though the cases in which the dissolution can operate by law - therefore imposed by the legal provisions - or through the decision of the court are clearly stated, not the same...