Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by the Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
  • Summary
  • trimite
  • Scientific Life

MEASURING THE HARMONIZATION DISTANCE WITHIN THE LEGAL SPACE OF THE EUROPEAN UNION AS A TOPOLOGICAL SPACE

Gheorghe BOCŞAN

 Abstract

The present study starts from the general concept of legal space, viewed from a

topological perspective, as a set of legal norms and judicial decisions, on which a structure

is built upon: the legal order. Within the legal space, phenomena characteristic of orderly

pluralism occurs, among which is one of the utmost importance - legal harmonisation. Of

different amplitudes, the harmonisation could be confined to the adoption of common

minimum rules or, on the contrary, it could reach the proximity of the unification.

Treating the legal space of the European Union or any of its legal sub-spaces, for

example, the space of justice or the space of substantive criminal law of the Union, can be

useful for many purposes, including that of concrete, numerical measurement of the

harmonisation distance, that is, the distance between the norm of a Member State

transposing a directive and the harmonisation rule established by that directive.

The application we developed uses the "chi-square distance", as a mathematical method

of measuring the harmonisation distance.

Such methods, resulting from the topological vision of the European Union's legal

space, can be useful as tools for establishing of good practices, for self-evaluation of the

Member States in their transposition practices or for evaluating by the European

Commission of the transposition into national law of the harmonisation rules established by

directives.

DOWNLOAD FULL ARTICLE pdf

Volume XII, Issue 2, July - December 2022

Law-Review_1.jpg

Summary

International Law

Quality of public expenditure and transdisciplinarity: Law, economics, psychology, politics and public management

Leonardo da Silva Guimarães Martins da Costa

The Debate in 21st Century Romania. Case Study – Bihor County

Claudia-Simona TIMOFTE

Constantin Ţoca

 

The influence of human rights on law

Access to the Archival Heritage as a Reflection of the Human Right to Culture. UNESCO’s Perspective

Codruţa-Elena Mihailovici

Cultural rights: new era, old principles, same challenges?

Andrei Nicolae

The role of conflict management in combating the social effects of the pandemic. Identification, neutralization, solution

Claudiu Florinel Augustin Ignat

 

European Union Law

Brief considerations on the rule of law from the perspective of EU member states

Paul Iulian Nedelcu

EU’s Long Arm of Sanctions – The Anti-Coercion Instrument

Mihai Ioachimescu-Voinea

The principle of solidarity - an instrument for managing migration and asylum at European Union Level

Ciprian-Constantin Mihai

 

UE Law and Comparative Law

The Costs of Digitalization. Social Media adaptation challenges within Public Administration Development

Andrei Alexandru Galan

Anca Elena Bălăşoiu

Summary Issues of Cybercrime

Mioara-Ketty Guiu

Personal Data Processing within a Smart Cemetery

Silviu-Dorin ŞCHIOPU

 

Environmental law

Some Legal Aspects of Shale Gas

Ovidiu-Horia Maican

International Governance of Climate Change. From the Framework Convention (1992) to COP-27 (2022)

Mircea M Duţu-Buzura