scholarly journals The need to strengthen the mediation institution in commercial cases in Romania and the Republic of Moldova

2021 ◽  
pp. 109-119
Author(s):  
Constantin Mihalescu ◽  
Keyword(s):  
Vegetative State ◽  
European Parliament ◽  
Legal Systems ◽  
Member States ◽  
Republic Of Moldova ◽  
Cross Border ◽  
The Republic ◽  
Commercial Disputes

Mediation has represented and represents an alternative for state justice that impartially solves a conflict between two parties. Mediation, as it’s generally known today, appeared in Europe in ‘90s through the American branch, and imposed through Directive CE / 52/2008 of the European Parliament, that all Member States need to take steps in including the mediation in civil and commercial cases where issues appear most frequently related to the parties' affiliation to different and cross-border legal systems. In Romania, the mediation institution operates based on Law no. 196/2006 in regards to mediation and mediator profession, and in the Republic of Moldova based on Law no. 137/2015 in regards to mediation. I firmly believe that that the procedure for mediation in commercial disputes needs to be adapted, considering the fact that is a special type of mediation, as the mediator is required to possess certain knowledge and qualities specific to this field. I, therefore, consider that the specific legislation is insufficiently regulated, and due to this context, the institution of commercial mediation is in a vegetative state at this moment.

scholarly journals Conflict and the history of conflict mediation

2021 ◽  
pp. 71-83
Author(s):  
Constantin Mihalescu ◽  
Keyword(s):  
European Parliament ◽  
Legal Systems ◽  
Member States ◽  
Republic Of Moldova ◽  
Cross Border ◽  
Conflict Mediation ◽  
History Of ◽  
American Way ◽  
The Republic

Mediation has represented and represents an alternative for state justice that impartially solves a conflict between two parties. Mediation used to exist from the early times of the civilization, and in the form we see it nowadays appeared in Europe ‘90s through the American way, as through Directive CE / 52/2008 of the European Parliament, all the Member States needed to take steps in including the mediation in civil and commercial cases where issues appear most frequently related to the parties’ affiliation to different and cross-border legal systems. In Romania, the mediation institution operates based on Law no. 196/2006 in regards to mediation and mediator profession, and in the Republic of Moldova based on Law no. 137/2015 in regards to mediation. We consider that analyzing the history of the mediation institution could help strengthen citizens’ trust in this way of resolving voluntary and alternative disputes through a mediator.

scholarly journals Legal framework for establishing a single maritime transport space without barriers

2016 ◽  
Vol 52 (1) ◽  
pp. 165-182
Author(s):  
Biserka Rukavina ◽  
Loris Rak ◽  
Silvana Buneta
Keyword(s):  
European Union ◽  
Information System ◽  
European Commission ◽  
European Parliament ◽  
Legal Framework ◽  
Traffic Monitoring ◽  
Maritime Transport ◽  
The European Union ◽  
Member States ◽  
The Republic

This paper provides an overview of activities of the European Commission for establishing a single European maritime transport space and indicates whether and to what extent the adopted strategy documents have established their operations in practice. Directive 2010/65/EU of the European Parliament and of the Council on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/ EC, as well as Directive 2002/59/EC of the European Parliament and of the Council establishing the Community vessel traffic monitoring and information system, which represent significant legislative achievements of the European Union in the process of reducing administrative burdens to which ships are exposed in the maritime transport, are particularly analyzed. Reasons for amending Directive 2002/59/EC are especially explained. In the last part of the paper, authors review the achievements of the Republic of Croatia regarding the implementation of measures for the establishment of a single European maritime transport space. Based on the results of a comparative overview of solutions contained in the Directives and Croatian bylaws, authors point to the existence of non-compliance and to the need for further action.

Poluarea apelor de suprafata şi subterane cu compuşi ai azotului

2019 ◽  
Author(s):  
Tatiana Goreacioc ◽  
◽  
Maria Sandu ◽  
Raisa Nastas ◽  
Anatolie Tarita ◽  
...  
Keyword(s):  
Nitrogen Compounds ◽  
Member States ◽  
Republic Of Moldova ◽  
Nitrate Ions ◽  
Methods Of Determination ◽  
Eu Member States ◽  
The Republic ◽  
The Eu

In this paper the situation of pollution with nitrogen compounds both in the EU member states and in the Republic of Moldova was analyzed. Also, the existing methods of determination of nitrate ions are analyzed and the necessity of elaborating the method for determination of the nitrate ions in the presence of nitrite ions.

scholarly journals European Small Claims Procedure and Its Place in the System of Polish Separate Proceedings

2019 ◽  
Vol 2 (3) ◽  
pp. 36-52 ◽  
Keyword(s):  
Legal System ◽  
European Parliament ◽  
Member States ◽  
Cross Border ◽  
Small Claims ◽  
The Subject ◽  
Simplified Procedure

The European proceedings in cross-border cases, to which the European order for payment and the European Small Claims Procedures belong, were introduced into Polish legal system on 12 December 2008 as an alternative to the existing proceedings provided for in the laws of the Member States. The base for the application of the European Small Claims Procedure is Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007, establishing the European Small Claims Procedure. The Polish legislator decided to place a modest regulation of these procedures amongst separate proceedings. To approximate the subject issue, the nature of the European Small Claims Procedure needs to be considered along with its relations with selected separate proceedings (such as order for payment proceedings, writ of payment proceedings, electronic writ of payment proceedings, simplified procedure and European order for payment procedure), the nature of which justifies including them in the group of accelerated and simplified proceedings.

scholarly journals Level of realization and compliance with the provisions european Charter of local autonomy by the Republic of Moldova

2021 ◽  
pp. 148-155
Author(s):  
Anastasia Stefanita ◽  
Keyword(s):  
Local Autonomy ◽  
Member States ◽  
Republic Of Moldova ◽  
The Republic

Being a signatory to the European Charter of Local Self-Government since its ratification in 1997, the Republic of Moldova has the duty to correctly apply and implement the provisions of this document. Until now the Committee on the Honouring of Obligations and Commitments by Member States of the European Charter of Local Self-Government issued 6 reports on local and regional democracy in Moldova, and several Recommendations. The goal of the article is to analyse the level of compliance with the Charter’s provisions by the Republic of Moldova.

scholarly journals Environmental Crimes Listed in the Polish Penal Code Since 1997

2013 ◽  
Vol 13 (2) ◽  
pp. 111-119
Author(s):  
Małgorzata Szwejkowska ◽  
Elżbieta Zębek
Keyword(s):  
Natural Environment ◽  
European Parliament ◽  
Penal Code ◽  
European Council ◽  
Individual Member ◽  
Environmental Resources ◽  
Legal Requirements ◽  
Member States ◽  
Cross Border ◽  
Environmental Crimes

Abstract Legal requirements for protection of the natural environment are continually being strengthened because of increased human damage to environmental resources. The applicable regulations of the Polish Penal Code towards protection of the environment were considerably amended in 2011 also to ensure implementation of European Parliament and European Council directives 2008 / 99 / EC, issued on the 19th November 2008. In addition, these changes also involve cross-border infringements, so that perpetrators cannot avoid retribution for actions committed under different provisions in individual Member States.

scholarly journals THE EUROPEAN ORDER FOR PAYMENT PROCEDURE

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Cristina-Marilena Gheorghe
Keyword(s):  
Member State ◽  
European Community ◽  
European Parliament ◽  
Member States ◽  
Legal Decisions ◽  
Minimum Standards ◽  
Cross Border ◽  
The One ◽  
Commercial Field

In the spirit of the Treaty of institution of the European Community and consideringthe need to maintain and develop a space of freedom, security and justice in the purpose ofthe free circulation of individuals, of goods, services and commodities, the Communityconsidered as opportune the adoption of certain measures in the field of judicial cooperationin civil and commercial field, which to have a cross-border incidence, therefore instituting, onEuropean level, a new freedom, the one of free circulation of the legal decisions. Therefore, itwas adopted the (EC) Regulation no. 1896/2006 of the European Parliament and Council asof 12.12.2006 regarding the institution of an European procedure of payment order, of whichpurpose is the one to simplify, to accelerate and reduce the procedure costs in the crossbordercauses regarding non-challenged pecuniary receivables, also ensuring the freecirculation of the European orders for payment within all the member states by establishingsome minimum standards of which compliance removes any other intermediary procedure inthe member state of execution before acknowledging the execution1.

The Corpus Juris Project—has it a future?

1999 ◽  
Vol 2 ◽  
pp. 355-372
Author(s):  
J. R. Spencer
Keyword(s):  
European Parliament ◽  
Legal Systems ◽  
Select Committee ◽  
Member States ◽  
House Of Lords

My paper on the Corpus Juris project in the first volume of this Yearbook closed by saying, in effect, “Watch this space!” At the end it told how, at the time of writing, the European Parliament and Commission had re-engaged the original team that drafted the proposals, plus some others, and constituted them as a Comité du suivi with instructions to find out how hard or easy it would be to integrate the Corpus scheme into the existing legal systems of the Member States. And it also told how the House of Lords Select Committee on the European Communities had begun to carry out a study of the Corpus project.

scholarly journals The private security and the uniform system of cross-border (security) of transport of cash between Euro-area Member States

2021 ◽  
Vol 55 (1) ◽  
pp. 47-65
Author(s):  
Ljubomir Stajić ◽  
Goran Mandić ◽  
Nenad Radivojević
Keyword(s):  
Euro Area ◽  
Road Transport ◽  
Private Security ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Advantages And Disadvantages ◽  
Cross Border ◽  
The Republic ◽  
Almost All

With the creation of the European Union (EU), the signing of the Maastricht Agreement, the introduction of the single market and freedom of movement of labor and the introduction of the Euro as a common currency, the problem of cross-border road transport of cash and valuables between eurozone members arose. This is because almost all EU member states had more or less different solutions and practices for this type of transport. The EU tried to solve the problem by adopting Regulation No. 1214/2011 on professional cross-border road transport of cash between Euro-area Member States. The mentioned Regulation successfully solved many problems related to this issue, such as: issuance of appropriate permits (licences), maximum duration of delivery, rights and obligations of teams, necessary knowledge and skills of security staff, carrying weapons in the host country, type and equipment of vehicles, mutual information, etc. Although the intention was to establish a unified system of cross-border money transport, in addition to significant progress in the functioning of private security, it can be said that because some countries have retained their specifics, a unified system with the same rules has not been fully established. The paper presents and deals with the advantages and disadvantages of a single system (securing) of cross - border transport of cash under the said Regulation. The Republic of Serbia, as a country on the path to EU membership, has a special interest in getting to know and preparing in time for the harmonization of its legal solutions and practices which regulate the mentioned area (activity) of private security.

scholarly journals Current situation of water quality Dniester River basin in transboundary areas

2017 ◽  
pp. 202-208 ◽  
Author(s):  
A.V. Kolisnyk
Keyword(s):  
Water Quality ◽  
River Basin ◽  
Environmental Assessment ◽  
State Level ◽  
Border Region ◽  
Environmental Indices ◽  
Republic Of Moldova ◽  
Cross Border ◽  
Integral Estimation ◽  
The Republic

Introduction. Today there are significant problems of  transboundary pollution of the Dniester River basin in Ukraine, including within the Vinnitska oblast. Purpose. The aim is to assess the current state of the watercourses of the Dniester River basin in transboundary areas with the Republic of Moldova, within the Vinnytska oblast by 2013. Methods. Evaluation of current watercourses quality in Dnister basin was performed based on the Methodology of environmental assessment of watercourses quality for the relevant category and on the Methods integrated assessment of groundwater contamination. Results. The results of water quality evaluation of the river Dniester basin in cross-border areas are assigned to them "satisfactory" and "bad" (the average and maximum environmental indices) features state and "dirty" and "dirty" qualifications purity by the Method of environmental assessment of watercourses quality in the relevant categories. By the Method of integral estimation of water courses contamination within the basin of river Dnister in Vinnytska oblast contamination status changed from "harmless" to "intensive". This shows a significant contamination of the river Dniester water basin. Conclusion. In order to improve the ecological state of the river basin it is necessary to conduct comprehensive monitoring of rivers, set GDS the priority given indicators of water quality, improve the culture of land and water use in watersheds. Priority execution of these measures should be in parts of the basin, characterized by the worst quality. Improvement of the situation with river Dnister basin in the cross-border region with Republic of Moldova should only be done on the state level with help of Euroregion "Dniester" initiative.

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