SHORT CONSIDERATIONS ON BETTER REGULATION IN THE EUROPEAN UNION

The paper aims to identify the importance of better regulation at EU level and also presents the strategies used to simplify the regulatory environment and to reduce the regulatory administrative burden. We analyze the principles set out by the European Commission and we identify methods of simplifying the regulatory environment.

POSITIVE TOLERANCE AND SOLIDARITY. A PARADIGM CHANGE TO COUNTER THE “GLOBALIZATION OF INDIFFERENCE”

The 21st century is witness to a globalization of indifference that derives from an erroneous understanding of the concepts of tolerance and solidarity, which especially affects immigrants. Here, we analyze the importance of immigrants achieving a true cultural integration within the European Union. We advocate for minority rights, and freedom to congregate, worship and to speak one’s own language. This requires a broader discourse on identifying the structure factors that underlie discrimination and creating policies to facilitate equality of opportunity and outcome. The essential task is to decide what constitutes the maximum acceptance of diversity, and what is the minimum acceptance. Tolerance should be considered as being distinct from the sentiment of indifference. One should turn to positive tolerance and the value of solidarity as a relational concept, as these two are the cornerstones for the construction of a democratic Europe that is both coherent and truly capable of resolving the issues concerning migration in the European Union.

Opinion on the amendment - we move away from Europe

Legal confusion which caused political turmoil surrounding the selection of judges of the Constitutional Court continues in Poland for almost a year. Unfortunately, we still do not see the finals of the dispute. In an attempt to solve it involved not only professional groups, and citizens. Very hard in an attempt to resolve the conflict have joined international organizations. Especially those for whom democratic values ​​are the foundation of the modern state. In his work focuses on the analysis of the Opinion of the Venice Commission, which concerns the Act of 22 December amending the Constitutional Tribunal Act 2015. From the point of view zaistniałego conflict, it is very important hug. Expert sheds light on the issue which is a political attempt sprzeciwieniu to democratic rule. It is the opinion of so much importance that expressed by a group of experts. The institution, which enjoys the opinions presented an extraordinary recognition and respect, and her opinions in democratic circles are treated very seriously. Often the institutions of the European Union treat the opinions of the Commission as the result to formulate its own position. Therefore, for Polish it is important because from her perspective will assess our democratic Europe. This is how Poland will respect the recommendations of the Commission, as will be seen in Europe.

POSSIBLE LEGAL REGULATIONS ON REGIONALIZATION IN ROMANIA

In the present study I have in view the fulfillment of the regionalizing process by retrospection to the four processes in the European Union, but also on the regionalization made by France and Poland, from which Romania could take some important outlines so as to legislate, implicitly by reforming the Constitution, the most preformat possible regional system for the country, in the present social and economic context, as a normal consequence of democratic devotion. I suggested the defining of the new regional local authorities, their responsibilities, the relations that will be stated in the relations with the existing local authorities, in relation with the central ones, their number, so as to lead to the unitary development, as much as possible, of all the regions. The dedication of decentralization as a constitutional principle comes to show our vocation and affiliation to the European culture values and the standards foreseen by the Local Autonomy Charta.

ON THE CONSTITUTIONALITY CONTROL OF THE ACTS ISSUED BY THE GOVERNMENT OF ROMANIA

Together with the Romanian President, the Government forms the executive. In its activity, the Government issues two categories of acts: decisions, which are the acts that organize the enforcement of laws (an activity that lies within its exclusive competence) and ordinances, by means of which a genuine delegated legislative activity is carried out. All acts issued by the Government are subject to control, but the nature of this review differs depending on the nature of the act. Thus, while decisions are subject only to a review of legality, which is exercised by the courts, under the Law of the Contentious- Administrative, ordinances are subject to both a review of legality and to a review of constitutionality. The peculiarities of the procedure for adopting Government ordinances also made their procedure of constitutionality control differ in some respects from the procedure of reviewing the constitutionality of laws. Thus, the constitutionality control of government ordinances is performed only after their entry into force, by settling the exceptions of unconstitutionality by the Constitutional Court; the exception of unconstitutionality may be brought to court only with the introduction of an action before the contentious-administrative court and not before another court or in another stage of the proceedings; the holder of the objection of unconstitutionality is only the applicant in the proceeding; the resolution of rejecting the criticism of unconstitutionality is a plea of inadmissibility, which, in all cases, obliges the contentious-administrative court to overrule the action as inadmissible. As an exception, the Ombudsman may appeal directly to the Constitutional Court against a government ordinance or against a provision of an ordinance, without having to file for a common law action.

Protection of cultural identity designs – a universal necessityShould a cultural intellectual property right be constitutionally recognized?

Protection of cultural identity designs is a necessity in today’s society and should be the subject of a joint European cultural policy. Constantly present not only in the fashion industry but all creative industries, designs inspired by tradition are and cannot be regarded as “just a trend”. Creative design is fundamentally different than tradition inspired design, as the latter is strictly connected with the interpretation of the values, traditions and creative mantras of the generating communities.In view of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions autochthonous elements of identity design fall in the category of cultural goods. The discussion is placed in the field of public international law and calls for the development of cultural intellectual property, as an individual branch of law, within the national legal system. The main question of this paper is whether a cultural intellectual property right should be granted constitutional recognition. This paper further proposes the design and implementation of a protection system dedicated to safeguarding and promoting autochthonous elements of design through mechanisms that ensure authenticity, encourage creativity and innovation with respect of cultural identity, and positive exploitation of traditional knowledge. This core of this discussion stems from a project pilot initiated in Romania, supporting the development of a dedicated legal protection mechanism for IA – the Romanian Blouse, a Romanian element of ancestral fashion that has recurrently inspired fashion designers worldwide, and the cultural movement La Blouse Roumaine, that led to the recognition of a universal celebration of the Romanian Blouse on June 24th – The Universal Day of the Romanian Blouse.

The prevention of torture in detention places in connection with the Ombudsman Institution

By the Law No. 109/2009, Romania ratified the Optional Protocol adopted in New York at 18th of December 2002, at the Convention against the torture and other punishments or cruel treatments, inhuman and degrading, adopted in New York at 10th of December 1984, assuming the obligation of establishing at national level The National Mechanism of Torture Prevention in Detention Places, for consolidation the protection of persons who are in detention places. By the Emergency Ordinance no. 48/2014 , which modified and completed the Law no. 35/1997 – regarding the organization and functioning of Ombudsman Institution, and also for modification and completing of some other normative acts, The Ombudsman Institution, as autonomous public authority, was named as the unique national structure which has attributions in connection with The National Mechanism of Torture Prevention in Detention Places.

Selected aspects of legal protection of graphical user interfaces (GUIs) in the European Union – between works and designs

The graphical user interfaces have become one of the most important means in software marketing over the last decades. This phenomenon occurs with particular intensity in relation to simple, non-specialized software. The users of such programs and devices with installed software of that kind are guided in choosing the product by its “look & feel” impression rather than by considering its, usually deeply hidden, technical solutions (the “engine”). This is understandable especially in the context of the development of mobile technologies, which are present in an increasing number of devices for everyday use. The “look” of a computer program is the display generated when a computer runs that program. The “feel” of a computer program is its function, overall purpose and performance (the easiness of use, promptness of operation) which is partly determined by the structure of the program and the sequence of commands it contains . Thus, the look and feel incorporate two aspects of a program for the user: visual and operational.

Warsaw International Mechanism for Loss and Damage associated with climate change impacts.

The topic of loss and damage in the context of climate change has gained increasing importance in the UNFCCC climate change talks in recent years. The Warsaw International Mechanism for Loss and Damage was established after two years of deliberations by the Conference of the Parties (COP) 19 in 2013. It is supposed to be the main vehicle under the United Nations Framework Convention on Climate Change (UNFCCC) to promote the implementation of approaches to address loss and damage associated with climate change impacts in developing countries that are particularly vulnerable to the adverse effects of climate change in a comprehensive integrated and coherent manner.

THE PRINCIPLE OF SOLIDARITY WITHIN THE ITALIAN CONSTITUTION AND THE EUROPEAN MIGRANT PROBLEM

Having been enshrined in the principal European constitutions after the devastation of the Second World War, with the adoption of the Charter of Fundamental Rights and the subsequent Lisbon Treaty, the term solidarity has taken on central importance also within the new constitutional and institutional framework of the European Union. The Italian republican Constitution asserts the principle of solidarity in a particularly evident manner and marks one of the clearest instances and one of the most strongly enshrined manifestations of the principle within Europe. It is within the historical context that the numerous and precise references - both explicit and implicit - to the vocation of solidarity inherent within the Italian Constitution, must be placed and construed. However, the centrality and pervasive manner in which this watchword of the contemporary political and legal lexicon is used takes on a particular depth in the light of the immense tragedy of the migrants who are daily knocking on the doors of Europe, and which has had a profound effect on the Old Continent. It has been pointed out in this regard from various quarters that it would be appropriate to introduce a binding requirement of solidarity between European governments. The awareness that the full resolution of this crisis will require a profound transformation of the institutional structure of the Union is in fact no longer a prerogative solely of progressive political forces: although the predominant characteristic element of the Union is the economic one, the argument that the Union can only survive the current crisis and prosper if it moves swiftly towards political union is attracting an increasing number of supporters in Italy. And yet, in the words of one of the founding fathers, French Foreign Minister Robert Schuman, cooperation between European peoples cannot remain an economic and technical affair. It is necessary to give it a soul. Europe will live insofar as it will have conscience of itself.