Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by thCursuri Universitaree Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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THE SCOPE OF APPLICATION OF FUNDAMENTAL RIGHTS GUARANTEED BY EUROPEAN UNION LAW ON MEMBER STATES' ACTION. SOME JURISPRUDENTIAL LANDMARKS

Constanţa MĂTUŞESCU

In the European Union legal order, there exists a long standing problem to define in which circumstances the fundamental rights of the European Union have a binding effect on member states. The Court of Justice of the European Union has through its case-law tried to resolve this issue, establishing that fundamental rights guaranteed by the Union are intended to be applied in all situations governed by Union law. However, it is not always clear when and whether national authorities are acting within the scope of Union law. The jurisprudence, including the most recent case, maintains a number of ambiguities, particularly with regard to the applicability of EU fundamental rights to national measures which target a field also covered by the Union law, even if they do not intend to implement EU law. Making a brief overview of this jurisprudence, the paper focuses on identifying the major line of cases and the conditions under which a national measure is considered to fall within the scope of Union law by attracting the application of the Union’s standards of protection.

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Volume VIII, Issue 2, July-December 2018, posted at 18th of December 2018

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Summary

Articles (Studies, discussions, comments)

FUNDAMENTALS OF PROJECT FINANCE APPLIED TO PRIVATE PUBLIC PARTNERSHIPS IN COLOMBIA1

Mónica Liliana Ibagón

ADMINISTRATIVE ENFORCEMENT PROCEEDINGS FROM THE COMPARATIVE PERSPECTIVE OF LEGAL SYSTEM OF ISRAEL AND POLAND

Jan Olszanowski

THE CIVIL SERVICE AT ROMANIA’S CENTENNIAL

Irina ALEXE

100 YEARS OF CONSTITUTIONALITY CONTROL

Daniela Cristina VALEA

FOREST LEGISLATION’S ROLE IN THE PROTECTION OF ROMANIAN FORESTS

Dogaru Lucreţia

THE EVOLUTION OF THE SOCIAL SECURITY SYSTEM IN ROMANIA

Brînduşa MARIAN

CONSTITUTIONAL EVOLUTION OF ROMANIA

Ioana Cristina VIda

COMMON LAW SUPREME COURTS. A COMPARATIVE APPROACH

Ovidiu-Horia MAICAN

ALTERNATIVE DISPUTE RESOLUTIONS WITHIN ADMINISTRATIVE CONTRACTS: ATTRIBUTES AND ENFORCEMENTS

Mihaela V. CARAUSAN

THE ROMANIAN CRIMINAL LAW FROM THE GREAT UNION TO THE PRESENT DAY

Ion Rusu

THE ROLE OF SOCIAL REACTION REFLECTED IN THE DINAMICS OF THE CRIMINAL CODES - PAST, PRESENT, FUTURE -

Crina – Bianca Vereş

UNIFICATION OF CRIMINAL LAW AFTER THE GREAT UNION – THE 1936 CRIMINAL CODE

Iuliu Crăcană

A HISTORICAL PERSPECTIVE ON THE CRIMINALIZATION OF OMISSION IN CRIMINAL LAW

Carmen Adriana Domocoş

TO VACCINATE OR NOT TO VACCINATE. BETWEEN MORAL AND CRIMINAL BOUNDARIES

Laura Stanila

ANALYSIS OF OFFENCES CONCERNING DRUG TRAFFICKING IN ROMANIAN LEGISLATION Adrian

Adrian Cristian MOISE

 

International Law

HINDSIGHT VIEW ON ARBITRATION FROM THE PERSPECTIVE OF THE VISIONS, INSTITUTIONS AND THE PERSONALITIES WHICH HAVE ADDED AND CONTRIBUTED TO THE EVOLUTION OF THIS FIELD IN THE LAST CENTURY FROM A TO Z

Alina Mioara Cobuz –Bagnaru

A CENTURY OF ROMANIAN ARBITRATION: HISTORICAL MILESTONES, FROM TRADITION TO MODERNITY

Cristina Ioana FLORESCU

CONSIDERATIONS UPON INTERNATIONAL TREATIES WHICH SHAPED THE HISTORY OF MODERN ROMANIA (1918 – 2018)

LEGAL PERSPECTIVES ON THE UNIFICATION OF THE REPUBLIC OF MOLDOVA WITH ROMANIA. WILL THE HISTORY REPEAT ITSELF?

Dumitru Cazac

LEX MERCATORIA, SOFT LAW AND A CLOSER APROACH OF UNIDROIT PRINCIPLES

Loredana Ioana BUCUR

 

Legal theory

CIVIL LIABILITY - ETERNAL AND FASCINATING LADY OF CIVIL LAW

Maria Dumitru

CONSIDERATIONS ON THE LIQUIDATION AMONG THE HEIRS OF THE FUNERAL EXPENSES

Silviu-Dorin ŞCHIOPU

SOLVING WORK CONFLICTS. PAST AND FUTURE

Roba Roxana Maria