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Editura Universitara Legislative and sociological study on protection measures in civil matters

ISBN: 978-606-28-0599-9

DOI: 10.5682/9786062805999

Publisher year: 2016

Pages: 130

Publisher: Editura Universitara

Author: Petronel Dobrica, Daniel-Mihail Sandru, Irina Alexe

Product Code: 9786062805999 Do you need help? 0745 200 718 / 0745 200 357
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Objectives of the project: The main objective of the project is to provide the participating magistrates with a multidisciplinary training in the field of protection of civil rights of citizens through the prism of the latest European legislative instruments adopted in the field. The project aims to increase knowledge of European legislation on the protection of citizens 'civil rights, identify possible practical difficulties in the implementation process, develop effective cooperation mechanisms between EU Member States' authorities and prevent violations of any form of freedom. movements of European Union citizens, approached from the perspective of legal sociology. It proposes a practical approach to the different hypostases of judicial cooperation in cross-border civil affairs, an approach that concretely transposes theoretical provisions into reality and creates the premises for establishing a common European jurisprudence generated by the implementation and enforcement of civil protection measures with implications. provided for in Regulation (EU) no. 606/2013.
  • STUDIU LEGISLATIV SI SOCIOLOGIC PRIVIND MASURILE DE PROTECTIE IN MATERIE CIVILA

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Daniel-Mihail SANDRU is a university professor at the Christian University "Dimitrie Cantemir" and the University of Bucharest. He founded and coordinates the Center for European Law Studies of the Institute for Legal Research "Acad. Andrei Radulescu ”of the Romanian Academy. Ad hoc judge at the European Court of Human Rights and arbitrator at the International Commercial Arbitration Court attached to the Romanian Chamber of Commerce and Industry. President of the Societies of Legal Sciences and of the Romanian Association of European Law and Affairs. Editor-in-Chief of the Romanian Journal of European Law (Wolters Kluwer).

Irina ALEXE is an associate scientific researcher at the Institute of Legal Research „Acad. Andrei Radulescu ”of the Romanian Academy. She is a graduate of the Faculty of Law within the "Alexandru Ioan Cuza" Political Academy and a doctor of law from the Faculty of Law of the Universities of Bucharest. He worked for almost 20 years in the Ministry of Internal Affairs and is currently a reserve officer. He is an expert in the elaboration and support, within the governmental and parliamentary procedures, of the drafts of normative acts aiming at the field of internal affairs, the functioning of the central and local administration, respectively the coordination of the activity of the prefects. His areas of interest concern administrative law, constitutional law and European law.

Petronel DOBRICA is an associate professor at the University of Bucharest, Faculty of Sociology and Social Work, Department of Sociology. His field of specialization is the sociology of deviance, the sociology of total institutions, the sociology of punishment. Coordinates the master's program Social Deviance and Crime. He has led national research programs in the field of inter-ethnic relations, probation and penitentiaries. He is an expert at some international and national institutions on probation and prison projects (European Commission, UNICEF,
People's Advocate, Ministry of Justice).

Authors' contribution:
Topics 1 and 2 were written by Dr. Irina Alexe; topics 3, 4 and 5 were written by prof. univ. dr. Daniel-Mihail Sandru, topics 6 - 10 by Assoc. Dr. Petronel Dobrica. Study coordinator: prof. Univ. Dr. Daniel-Mihail Sandru.

Content

Theme no. 1 - The role and objectives of Regulation (EU) no. 606/2013. / 7
Theme no. 2 - The European legal framework comprising:
Regulation (EU) no. 606/2013 of the European Parliament and of the Council on the mutual recognition of protection measures in civil matters, adopted in Strasbourg on 12 June 2013;
Directive 2004/38 / EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 2454/93 1612/68 and repealing Directives 64/221 / EEC, 68/360 / EEC, 72/194 / EEC, 73/148 / EEC, 75/34 / EEC, 75/35 / EEC, 90/364 / EEC, 90/365 / EEC and 93/96 / EEC;
Charter of Fundamental Rights of the European Union. / 30
Theme no. 3 - Recognition and execution of protection orders in the European Union. Judicial practice in the matter at the level of the European Union. / 48
Theme no. 4 - Applicability of Regulation (EU) no. 606/2013 in the context of the Brussels Ia and Brussels IIa Regulations. / 58
Theme no. 5 - Cooperation between the national judge and the CJEU in the unitary interpretation and application of Regulation (EU) no. 606/2013. / 65
Theme no. 6 - Synthetic references of sociology: - Sociology of law: Perspectives, methods, research tools; - Contemporary societies: legal regulations and various social groups. / 87
Theme no. 7 - Law as an instrument of social change: - Use of the law: cultural conditioning and law enforcement; - Official definitions and practical definitions: legal regulations and daily life / 103
Theme no. 8 - Protection of civil rights of citizens in the European space from a sociological perspective. / 119
Theme no. 9 - Application of sociological research methods to the legal reality / 121
Theme no. 10 - Analysis of European legislation and jurisprudence and from a sociological perspective / 123
Selective bibliography / 126
Note. The guide takes into account the legislation and jurisprudence available on May 8, 2017, the date on which the web addresses in the material were last accessed.

Objectives of the project: The main objective of the project is to provide the participating magistrates with a multidisciplinary training in the field of protection of civil rights of citizens through the prism of the latest European legislative instruments adopted in the field. The project aims to increase knowledge of European legislation on the protection of citizens 'civil rights, identify possible practical difficulties in the implementation process, develop effective cooperation mechanisms between EU Member States' authorities and prevent violations of any form of freedom. movements of European Union citizens, approached from the perspective of legal sociology. It proposes a practical approach to the different hypostases of judicial cooperation in cross-border civil affairs, an approach that concretely transposes theoretical provisions into reality and creates the premises for establishing a common European jurisprudence generated by the implementation and enforcement of civil protection measures with implications. provided for in Regulation (EU) no. 606/2013.

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