Tuvya T. Amsel
Both in the European Union and in European doctrine was widely discussed the ratione materiae of the future European Public Prosecutor. In terms of the Lisbon Treaty its jurisdincion is limited to crimes that threaten the Union’s financial interests, but at the same time the Council of Europe may extend this competence by unanimous decision and other serious offenses. European Public Prosecutor is now one of the main objectives of the European Union and is one of the priorities of the common space of freedom, security and justice for the next five years. Still looking for ways and methods useful for the implementation of these goals, but two conditions must be met: it must be a useful institution, well embedded in the EU institutions and must be based on our national legal traditions that have proven their relevance. Finally, it gives a substantial importance to defense lawyers and rights in various stages of the procedure, both in the contentious matter of freedom and during the performance of an adversarial procedure.
Florin Dumiter and Marius Boiță
Transfer prices are a top field in financial and legal scientific research and practical activity. Although this research field is still in the beginning, due to its complexity, as well as it’s inter-, multi- and transdisciplinarity, it can be noted that empirical studies, as well as practical researches in economic and legal matters, have intensified. Moreover, this field of transfer prices is in close connection with the area of international double taxation, which shows its international character. In this article we sought a holistic approach to the transfer price phenomenon, dealing with economic and legal technical aspects that we believed are important to emphasise. Without addressing the issue of transfer prices in an exhaustive manner, in this article we presented both the legal and the economic framework of transfer prices in Romania. The added value of this article lies in the approach to transfer prices, both legally and economically.
Marius Neculcea and Bogdan Ionescu
The authors aim to “drill” into the complex issue of the testimonial evidence, through a fresher approach, thus being interested, besides the purely legal aspect, also in the historical, sociological and even psychological perspective.
Adoption is chief among the measures of alternative protection that can be taken to protect a child in Romania. According to Law no. 273/2004 on adoption procedure, current forms under which adoption can be found are domestic adoption and international adoption.
In what follows we will highlight certain novelty elements and changes to the domestic adoption procedure brought by Law no. 57/2016.
The unprecedented development of cybernetics was concretized by the emergence of computer technology in ways difficult to predict. In this context, the international underworld and organized crime have expanded the area of criminal acts, but equally there were new investigation possibilities for the police and judicial authorities, limiting the role of intuition and flair, of human spontaneity, the center of gravity falling on their ability to use new technology intelligence they have at their disposal.
Bojana Hajdini and Gentjan Skara
Considering the growing importance of the researchers in the area of Europeanization in the candidate countries, the purpose of this paper is to analyse whether, and to what extent EU as a legal normative power has influenced Albania to approximate existing and future legislation and to ensure proper implementation. The paper argues that the Europeanization process is pushing Albania toward greater convergence with EU acquis by developing a modern legal framework. However, the paper points out that weak implementation has hampered the application of EU law in Albania due to: a) weak bureaucracy or uneven distribution of human capacities; b) the lack of an established practice of consultation with interest groups on specific draft legislation, and c) the inability to put in sound planning mechanisms and to carry out a realistic assessment. The paper concludes that effective adjustment of Albanian legal system with EU norms requires cooperation between different actors involved in the approximation and implementation process.