Judicial Review of Administrative Action at National Level under the EU Charter of Fundamental Rights and General Principles of EU Law

This article aims to determine when the national authorities have the obligation to comply with EU fundamental rights, in the framework of administrative procedures carried out in the EU Member States. It also aims to determine the legal remedies available at national level in the context of judicial review in case of violation, by the national authorities, of EU fundamental rights guaranteed by the Charter of Fundamental Rights of the EU or as general principles of EU law. To this end, this study explains the impact of the legally binding EU Charter on public administration of the Member States and the field of application of the EU Charter at national level. The article also deals with the distinction between EU fundamental rights as primary EU law guaranteed by the EU Charter and EU fundamental rights as general principles of EU law. With reference to the judicial remedies available to national courts, the study outlines the effects of EU law (primacy of EU law, direct effect, direct application) in relation to the EU fundamental rights and the measures that can be adopted by the national courts when the action of the national administrative authorities is not compatible with EU fundamental rights. Finally, the article presents the most important findings concerning judicial protection of EU fundamental rights at the national level, especially from the perspective of the right to an effective remedy and to a fair trial stipulated by Article 47 of the EU Charter. &nbsp

Constitutionalism in romania after december 1989

Underlining the main characteristics of the constitutional movement in post-Decembrist Romania, culminating, on December 8th, 1991, with the adoption of the Constitution, this article analyses the evolution of the approach of the fundamental law, more laudatory in the beginning, more critical thereafter. Many norms originally accepted are becoming subject of certain negative appreciations, the most vulnerable being those norms that regulate the relationships among the state authorities, a process that calls for a revision. The necessity to make the Romanian constitutional texts compatible with the Community Treaties also triggered this action, which led to the revision of the Constitution, in 2003. Constitutionalism has become, especially after Romania’s integration in the EU, more and more complex, characterized internally by the gaps in the texts of the fundamental law and externally by the consolidation of the European constitutionalism, the amplification of this movement now manifesting itself on at least three levels : national, regional and European. “At least” three levels because the “European level” is not a singular one, constitutionalism making its presence felt especially inside the EU as a common phenomenon of this super-state structure, but also inside another more ample structure, that of the European Council. By analyzing constitutionalism in post-1989 Romania in close connection with the European one, we come to the conclusion that the direction of the constitutional movement in Romania is convergent with that of the European constitutionalism, the two processes completing each other.post-Decembrist Romania, constitutionalism, constitutionalism

The Right to Good Administration - In Stato Nascendi in Romania

The right to good administration is set down in terminis in art. 41 of the Charter of Fundamental Rights of the European Union. Its main characteristic is the right of every person to have his or her affairs handled impartially, fairly and within a reasonable time, the right of an individual to be heard before any individual measure which would adversely affect him or her is taken by the institutions, bodies, offices and agencies of the Union, the right to have access to his/her own file, the right to claim damage from the aforementioned structures, the right to “petition” and its formulation in one of the languages of the European Treaties. Art. 41 is found in Chapter V of the Charter, so that the interpretation of its provisions should be carried out in the light of other norms herein contained, especially in relation to art. 43 regulating the European Ombudsman and art. 44 regarding the petitions addressed to the European Parliament. In order to determine the scope of its application as well as its precise contents, art. 41 needs to be interpreted in close relation to other norms contained in the EU Treaties and in the texts of derivative law – as well as norms regarding the principle of transparency, the right to have access to documents, etc. When this article is applied in our country, we should take into consideration the similar regulations in the Romanian law, those related to the good administration, as well as those related to the “right to petitioning” stipulated by art. 51 of the Constitution, those regarding “the free access to justice” (art. 21) and the “right of the party injured by a public authority” (art. 52), etc.Overlooking the imperfections of the regulations of the right to good administration, we wonder whether we may speak of the existence of this right in Romania. Considering the possibility of the direct application of the community law, on the one hand, and the presence of certain constitutional norms setting down some of the exigencies of this right, on the other hand – as well as art. 16, 31, 51 line 1, 51 line 3, 51 line 4, - the answer is affirmative. Therefore, the right to good administration is in stato nascendi in Romania, but that shouldn’t prevent us from sanctioning it in the Constitution, on the occasion of its first revision, hoping this action does not point out to a new instance of hypocrisy on the part of the constituent, but to an important step in view of accomplishing the exigencies of the principle of the constitutional state.right to good administration, European Parliament, Constitution

Existence of Periodic Solutions for a Class of Nonlinear Evolution Equations

Sin resume

The Open-Source Alternative in E-Government

The last decade has changed again the face of electronic world: from Web 2.0 to open source software; from e-(electronic) to m-(mobile) and now to touch. For Web developers is a real challenge to make compatible interfaces to all existing Internet browsers. This proves to be even more expensive than the application itself (Softnet; 2012; SIVECO, 2012). From the point of view of the big software development companies these events are just new challenges because they afford to have many employees with different skills and by that being able to cope with market demands. But what happens with the e-government projects at the local level? Budgets are small, so hiring a company specialized in Web application development is sometimes too expensive, this responsibility usually falls in many cases on the employees of the IT department (Vrabie, 2011). If we add to this software component the hardware required for hosting the Web page inside, the budgets are already completely exceeded (or obviously they can choose some other cheap solution but whose reliability is very poor – reason for dissatisfaction among citizens). The importance of the Web platforms for interacting with citizens is very well known (Friedman, 2005; Craig; 2006; Baltac, 2011). In this context, this paper aims to examine in terms of costs, the investments in open-source applications in parallel with the use of social networks as used today. The research methodology is using for the first time an adapted version of cost-effectiveness analysis. Empirical research will be carried out on two platforms of e-Government – one of them developed inside on an open-source solution - used to support a complete interaction with the citizens. The working hypothesis starts from the fact that open source software is cheaper than those developed inside – but of course this is a question to debate at