INFLUENCE OF GLOBALIZATION ON THE LAW SYSTEMS

The legal issues compared by litigants to the phenomenon of globalization include thepenetration of global juridical values into the national law systems to which they do nottraditionally belong and thus, we may speak of the globalization of law. Globalization, aphenomenon that practically extends the communication bridges among states also results inthe fact that the internal legal order expands towards a new legal order, namely a globallegal order. In this context, the modernization and compatibility of the legal systems throughthe transfer of law is inevitable, a fact that might mean the total or partial replacement of alaw system which proves to be out of date or obsolete by a system or parts of it assumed to besomehow superior and healthier and aiming at enriching or treating such system so as toensure the compatibility of an internal legal system to the regional and inevitably theinternational one. In these conditions, the science of law exceeds the borders and the internalorganization rules of a certain state may be useful in other state and vice-versa

Principles of the exercise of the European Union competences

The fundamental principles involved in construction of the European Union are at the basis of establishing the prerogatives of the European Union and its Member States. The objective of this study is to present and analyze the evolution of matters that have been taken into account when delimiting the area of competence of the European Union in relation to Member States, as well as to determine the relationships between them, and furthermore establish the manners of settling potential misunderstandings as a result of the activities performed by their bodies. For this purpose, the evolutions of the constitutive treati es of the European Union have been studied, especially the Maastricht Treaty, as it was this one that established the initial distribution of prerogatives between the European Union and Member States. The results of the study consist in an analysis of the exercise of the Union’s prerogatives considering that, currently, through the amendments made to the Lisbon treaty a precise classification is made for the first time in the constitutive treaties, separating the main prerogatives into exclusive, joint and supporting prerogatives. The implications of this study include the forming of a general conviction regarding the fact that exercising the competences of the Union is governed by the principles of subsidiarity and proportionality as stated in Art. 5 of the Treaty on the European Union

USAGES – THE LEGAL REGIME IN NEW CIVIL CODE

In the broad sense, the concept of law is represented by totality of acts that are elaborated by competent state authorities and their purpose is legislating. There are juridical situations are outside the scope of regulation of legal norms and they are stipulated by the New Civil Code, namely the usages: which are defined, in the broad sense, as rules of conduct for a long time, born of social practice. If the law sanctioned any usage, by a rule of reference, giving them, as such obligatory legal power, they are sources of law and the legislator has provided, as is source of civil law, only usages which are in conformity to public order and morality. This problem there was no in the case of legal rules because, they themselves are created with the purpose of to generate the public order and morality. In the situations not covered by law, the usages have a greater force than that of the legal dispositions regarding similar situations, so the broad interpretation of the rules of civil law is made, in the cases which are not covered by the law, only if such an interpretation is not contrary to the usages. An analysis and understanding of the juridical status of usages representing: the customs and the local habits which is accepted by the members of that community as well as the professional uses, as rules of development of professional activities, may result in to perceive the legal force of their but also to reduce, on as much as possible, some potentials confusions of interpretation and application of the law

Equity – Connotations in the Current Romanian Legal System

The underlying principle of the law, and a source of law – equity – has been expressly or explicitly integrated in the judicial development of law, with a view to giving a meaning to the law, for which reason it is aimed at peacefully solving or preventing the social disputes in society. Therefore, equity has a hermeneutic function, strictly for making interpretations when the legislator so allows it, it is intrinsic to the law and contains all phases of good management and enforcement of justice, being a part of all stages of the legal proceedings, from the application initiating proceeding to the actual implementation of the court decision awarded, regardless of the nature or extent of jurisdiction, and of the nature of the litigation referred for judgment. According to the requirements of equity, the judges have special powers for settling specific cases, namely, they may offer resolutions they consider to be fair and conforming to the interests of the parties involved, which is to be grounded on facts, and not on the positive law

Comparative Law. Europe Union Law

The analysis of the European law, jurisprudence created wants to have that purpose, the idea ofjustice unique at European Union level, based on the comparison of the two main systems that act as currentEU members, namely: the Roman-Germanic legal system and common law system (common-law).Observing the link between the European legal order and its Member States to ascertain the relationship basedon the principle of direct integration of European law into national law of Member States and the principle ofprimacy of European law over domestic law, principles which were stated by the Court of Justice.Increasingly we can see that, besides the current territorial globalization, and globalization of justice is basedon general principles of law and would, establish common ground for all other existing legal systems, aimingto equilibrium coexistence of all citizens, in order to respect fundamental rights and freedoms

THE PRINCIPLE OF SEPARATION OF POWERS - CONSTITUTIONAL GUARANTEE

The principle of ensuring the legal bases of the State functioning is the fundamental principle of law which actually settles down the principle of separation of powers: legislative, executive and judicial power. Over the time, the principle of separation of powers, although in practice its enforcement experienced more than two centuries, it hasn’t expressed itself in a pure form, not even in the most advanced democracies. Whether it is approached the thesis of a more flexible or more rigid separation of powers or the thesis on certain exceptions to those two situations specific to certain political regimes, the principle of separation of powers is the fundamental mechanism in ensuring a balance of powers and preventing the establishment of a dictatorial or authoritarian regime. The complex content of the rule of law consists of: the rule of law regency; the capitalization on the actual size of the fundamental rights and freedoms; the achievement of the balance/mutual cooperation of public authorities and the performance of free access to justice. If the form of State organization of the political power of the people is done by several groups or categories of State bodies with functions and features clearly defined and characterized by organizational and functional autonomy, as well as mutual balance and collaboration, it is emerging the principle of separation of the State powers balance

VARIOUS HISTORICAL CONNOTATIONS OF THE CONCEPT OF SOVEREIGNTY

Sovereignty as a feature of state power, shall be expressed in terms of organizing and exercising, determining and resolving internal and external problems, freely and according to its will, without any interference, respecting the sovereignty of other states, as well as European and international law norms. The sovereignty of the people may remain a mere fiction, in the conditions in which the people, as a whole, does not become or is not aware of its complete and complex role as the sole sovereign owner of state power. The people assuming and exercising this role implies not only that it has the right to participate in government, which is in fact an essential aspect of democracy, but also the fundamental duty to achieve social, economic prosperity accompanied by cultural development to ensure the freedom it needs in order to fulfil its civic obligations and duties. From this point of view, the state has the aim of realizing the social expectations of the people, the requirements laid down by various groups or social categories in decisions for the exercise of state power. Rather controversial, the concept of sovereignty, from the perspective of its historical imposition and configuration, involves at least two connotations likely to cause an active and permanent controversy in specialized literature - a simple statement and a political and legal concept