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generale ale dreptului”, reglementeaza, in premiera, uzantele (dreptul 2 Nicolae Popa, Teoria generală a dreptului, Ed. All Beck, Bucureşti, , p. In Romanian legal literature professor Nicolae Popa conceives responsibility as a way of .. Teoria generală a dreptului: drept raional, izvoare şi drept pozitiv. .. /greco/evaluations/round4/>. Nicolae Popa Prof. univ. dr. Mihail-Constantin Eremia Lector univ. de. Simona Cristea | Teoria general a dreptului | Exita aT, revizutd si adaugita TUM ease Buc .

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2 On the sources of Romanian law see Nicolae Popa, Teoria generală a dreptului, 5th ed., C.H. Beck,. Bucharest, , p. ; Dan Claudiu Dănişor, Ion. 2 Gheorghe Mihai, Fundamentele dreptului, All Beck Publishing House, Bucharest, . 22 Nicolae Popa, Teoria generală a dreptului, ediţia a 3-a, C. H. Beck. p; Nicolae Popa, General Theory of Law, Publishing House Actami, Bucharest, Tratat elementar de teorie generală a dreptului, Elementary Treaty of Law.

Historical Stu These principles are not only abstract, theoretical constructions, lacking legal effects, but represent the expression of the fundamental values underlying the international legal architecture. The basis for placing these values and principles at the center of the common policies is justified by the status of the European Union as a subject of the international law system. The increasing involvement of the EU in fields such as security and defense, democracy and human rights justifies the importance of identifying and highlighting the principles governing the organization and its policies. The recognition of their authority and the de facto application of these principles and norms by the European institutions, in the framework of its external actions and mechanisms, ensure the legality of the organization's activity.

The failure of the European Defense Community led to a special Conference held in London, in September , which determined the participants to conclude that FR Germany had to be admitted to the NATO, an issue that France had previously rejected in The development of the European Political Cooperation, which institutionalized the principle of consultation on all major aspects regarding foreign policy43, has made the political activities of the WEU Council to lose a great part of their relevance.

Generala epub nicolae a popa teoria dreptului

If we are to make reference to the issue of fundamental values, the current treaties on which the European Union is based, place peace in a central position within the European law system. Democracy - Human Rights and Fundamental Freedoms Given the economic objectives underlying the establishment of the European Communities, the founding treaties did not establish a catalog of fundamental rights in their provisions.

Although in the first stage of the European Communities there was no clear need for regulations on respect for fundamental rights, as a result of regulatory developments at the Community level, the Court of Justice was able to establish its own jurisprudence regarding the purpose of the fundamental rights in the Community legal order City of Ulm - Sozialamt.

With the creation of the Common Security Policy by the Maastricht Treaty in , the EU placed the values of democracy and human rights at the core of its legal system. Thus, the Treaty on European Union consolidated version following the adoption of the Treaty of Lisbon confirms in the preamble the attachment of the Member States to the principles of democracy, liberty and respect for human rights, as well as fundamental freedoms, and the rule of law.

Moreover, according to the provisions of the Treaty, the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law, as well as respect for human rights, including the rights of persons belonging to minorities, values common to the Member States in a society characterized by pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men.

As a result of some changes being made to it, in , the Charter of Fundamental Rights of the European Union was reaffirmed once again. However, the solemn proclamation did not confer the Charter a legally binding nature either.

Commission of the European Communities. The following section of this article aims to point out how the above-described fundamental values find expression in the principles of international law, which further make the link between values and the legal and institutional order in the field of common security.

The principles of law and common security Defining the legal principles can be a very difficult task, if we consider that in the legal theory, principles are sometimes considered to be legal norms, sometimes are viewed as general legal norms, and other times they are considered standards upon which the legal norms must be developed.

This means that, in general, the law - and implicitly the principles of law - is part of a different system than values. The principles of international law find their source in the legal thinking of the subjects of law, starting from ideas, which by the accumulation of judgments of appreciation build up the fundamental values.

On the one hand, the law is concerned with the maintenance of peace and justice, and on the other with the task of ensuring stability and security. At a conceptual level, the system of public international law principles can be described as being composed of general principles of law, fundamental principles of international law and principles specific to international law.

I, Bucharest: Lumina Lex, , It was only after the adoption of the Lisbon Treaty that the legal personality of the European Union was explicitly stipulated. In addition, the treaty expressly states that European Union has legal personality In regards to the legal personality of the European Union, the two treaties on which the EU is founded TEU and TFEU include a series of provisions which show the legal personality of the organization at a national level, in the law systems of the Member States, as well as the international legal personality of the European Union.

As a direct result of its capacity as a subject of international law, the EU can manifest its exercise powers in the international legal order by concluding international agreements - in order to achieve its objectives set within its policies - or with the purpose to create associations with other States or international organizations.

This This statement is also supported by several decisions of the Court of Justice of the European Union CJEU , which has stated that the EU has the legal obligation to comply with the general principles of international law and has also acknowledged the binding force of the international customary law as a source for the European law. Moreover, the general principles and instruments of international law applicable to the CSDP and CFSP operations and missions could be included in the national legal framework, as well as in the international legal system, if we consider their complex nature.

The missions and operations of the organization are highly versatile, ranging from ensuring respect for rule of law, to police action, to implementation of security reforms, to border assistance and monitoring, to peacekeeping and even, in some particular cases, peace enforcement. In the same document, the Commission speaks about a possible international legal liability for organizations if their use of force or the imposition of their system of economic sanctions does not comply with the provisions of international law, more specifically the humanitarian principles of necessity and proportionality.

Filtrarea efectelor Deciziei CCR nr.

Retrieved from: contributor. Neagoe V.

teoria generala a dreptului.pdf

Decizia nr. Muraru I, Tanasescu E. Beck; ; Vol. I, ed. Muraru I, Constantinescu M. Interpretarea Constitutiei, Doctrina si practica. Bucuresti: Editura Lumina Lex; Eremia M.

Teoria Generala a Dreptului

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