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Book
ix, 230 pages ; 25 cm
  • Introduction
  • Law before communism : modernity and the authoritarian drive
  • A criticism of the heaven : class struggle and the law in theory and practice
  • Revolution under siege : law, violence and marxist legal theory
  • Revolution betrayed : the great retreat and the enduring legal canon
  • The discourse of the master : war, law and the communist takeover
  • Law as state-truth : the law-preserving violence and the limits of communism
  • Exit communism : legal amnesia and the return of the repressed
  • Conclusion.
More than twenty-five years after the collapse of the Socialist bloc, the nature of the regimes in Eastern Europe between 1945 and 1989 continues to evade the attempts of political theorists and scholars of post-communism to define and classify them. Drawing on philosophical inquiry, jurisprudential analysis and intellectual history, this book traces the impact of communist ideology and practice on legal thought: from its critical roots in the midst of the nineteenth century to its reactionary stand in the later years of the twentieth. Exploring how the communist experience - both in its revolutionary and authoritarian guises - has been articulated within the legal theoretical field, the book addresses two central theoretical lacunae fostered by the historiography of authoritarianism in Central and Eastern Europe: the status of law, and its relationship to the broader ideological framework legitimising authoritarian regimes. Moving beyond the limits of the contemporary discourse on communism - particularly as it is channelled through transitional justice and memory studies - Cosmin Cercel develops a theoretical framework that is able to uncover law's complicity with the extreme ideologies that dominated Central and Eastern Europe. For it is, he argues, in its recourse to legal concepts that the communist experience raises important jurisprudential questions for our contemporary understanding of law, the limits of state sovereignty, and law's relationship to historical violence.
(source: Nielsen Book Data)9781138684164 20180423
Law Library (Crown)
Book
508 pages ; 20 cm.
  • Introduction
  • Legal inheritance and family in the civil code of 1864
  • Legal inheritance and family in the Romanian civil code of 2009
  • Final conclusions.
"[The authors'] objective was the gathering of a portfolio of conclusions upon which we tried to establish the degree of efficiency of a largely transplanted legislation upon the XIXth-XXth centuries conceptions and realities of the Romanian society, as well as the quality of the response prepared by the new civil legislation in the XXIst. The research has an inter- and also an intra-disciplinary approach and through its connection with the recent enactment of the New Civil Code, by seeking to verify whether this acknowledges the Romanian specific reality within the European Union. It analyzes the tradition of the family relations in the Romanian society of the XIXth and beginning of the XXth, by taking into account the historical and sociological factors, as well as the influence exerted by the religion. As a consequence, it measures the effects of a legislation that was massively borrowed on the basis of a program that was politically constructed upon the philosophical beliefs derived from the Illuminism and we will be able to appreciate and explain its grounding. Finally, the research tries to answer some specific questions: what family model is the probable triumphant within the reform projects stemming from the interwar period? How did the case receive law the 1944 reform of the successional situation of the surviving spouse? Have the soviet-inspired legislative measures of 1954 reached their declared ideological purpose to ensure an equitable freedom within the family and the achievement of the co-interest of the spouses? Have these measures had any influence over the legal successional devolution? Finally, the research seeked for the current meaning of the notion of family in Romania (and elsewhere): its definition, composition, the configuration of the personal rapports within its ambit. The answers that were uncovered led to identifying the patrimonial consequences which may arise. The final purpose was to obtain results which would allow for a critical analysis, undergone in complete understanding of the solutions promoted by the new Romanian civil code."-- Back cover.
Law Library (Crown)
Book
xxxviii, 511 pages : illustrations ; 25 cm
  • The legislative framework of arbitration in Romania / Ștefan Deaconu, Flavius A. Baias, Ș̦tefan Deaconu
  • The choice of law in arbitration / Dragoş-Alexandru Sitaru, Teodora-Maria Bantasş-Văduva
  • The arbitral procedure / Traian C. Briciu, Crenguţa Leaua, Dalma Demeter, Ioan Schiau, Andreea N. Simulescu, Matei Purice, Crenguţa Leaua
  • The role of the courts of law in arbitration / Adrian Raţiu, Ştefan Dudas, Ileana M. Smeureanu, Claudiu Constantin Dinu, Andra Filatov-Dodul
  • The arbitral institutions / Cristiana I. Stoica, Marin Voicu, Alina Leoveanu
  • Investment arbitration / Crina Baltag
  • Other alternative dispute resolution methods / Cornelia Lefter, Claudiu Ignat, Mihaela Maravela, Crenguţa Leaua, Corina Tănase.
Green Library
Book
xxiv, 270 pages ; 22 cm.
  • Introduction and historical overview
  • The Romanian Parliament
  • The dual executive and the avatars of Romanian semi-presidentialism
  • Local government
  • The constitutional court, constitutional aspects of the judicial system
  • Constitutional protection of fundamental rights
  • The process of constitutional change : mechanisms, limits and future developments.
In December 1989, Romania became the last Eastern European communist country to break with its communist dictatorship, the most powerful in the region at the time. It has struggled ever since to overcome the transition to democracy and to become a 'full-time' member of the Western democratic community of states. This book provides a contextual analysis of the Romanian constitutional system, with references to the country's troubled constitutional history and to the way in which legal transplantation has been used. The Constitution's grey areas, as well as the gap between the written constitution and the living one, will also be explained through the prism of recent events that cast a negative shadow upon the democratic nature of the Romanian constitutional system. The first chapters present a brief historical overview and an introduction to Romanian constitutional culture, as well as to the principles and general features of the 1991 Constitution. The chapters which follow explain the functioning of the institutions and their interrelations-Parliament, the President, the Government and the courts. The Constitutional Court has a special place in the book, as do local government and the protection of fundamental rights. The last chapter refers to the mechanisms and challenges of constitutional change and development.
(source: Nielsen Book Data)9781849465137 20161010
Law Library (Crown)
Book
399 pages ; 22 cm
  • The Constitutional Court of Romania evolution and institutional consolidation
  • The dialogue of the constitutional judges at the international level
  • The dialogue between constitutional judges and authorities at the internal level.
This book, both internally and internationally, determines the constitutionalization and uniformity of law, respectively the overall strengthening of the protection of values of the rule of law. The authors present the mechanisms of institutional cooperation between the Constitutional Court and the Court of Justice of the European Union, the European Court of Human Rights, the other constitutional courts, the Venice Commission, the Parliament, the President of Romania, the Government, the Advocate of the People, the courts of law and the media.
(source: Nielsen Book Data)9783631678909 20170117
Law Library (Crown)
Book
383 pages : illustrations ; 29 cm
  • Foreword
  • Preface by Radu Puchiu
  • Preface by Bogdan M. Chiriţoiu
  • Acronyms and abbreviations
  • Executive summary
  • Assessment and recommendations
  • Construction
  • Transport
  • Food processing
  • Methodology
  • Legislation screening by sector.
During the past few years, Romania has recovered well from the global financial crisis. However, the country still faces structural problems, including poor competitiveness, that limit economic growth. Against this background, the OECD Competition Assessment Project analysed legislation in three sectors of the Romanian economy: construction, transport and food processing. Using the OECD Competition Assessment Toolkit to structure the analysis, the OECD identified 227 problematic regulations and made 152 specific recommendations on legal provisions that should be amended or repealed. This report identifies the sources of those benefits and, where possible, provides quantitative estimates. If these recommendations are implemented, there should be benefits to consumers in Romania and to the Romanian economy in all three sectors.
Green Library
Book
247 pages.
SAL3 (off-campus storage)
Book
271 pages ; 24 cm.
SAL3 (off-campus storage)
Book
387 pages ; 21 cm
On the legal proceedings of Romania against Vasile Luca, Gheorghe Gheorghiu-Dej, Ana Pauker, Petre Gheorghe, Petre Constantinu-Iași, and Nicolae Ceaușescu.
SAL3 (off-campus storage)
Book
519 pages ; 24 cm
SAL3 (off-campus storage)
Book
445 pages.
SAL3 (off-campus storage)
Book
427 pages ; 24 cm.
SAL3 (off-campus storage)
Book
314 pages.
SAL3 (off-campus storage)
Book
206 p. ; 20 cm.
SAL3 (off-campus storage)
Book
xxii, 288 pages ; 24 cm
  • 1. Introduction-- 2. Court trials-- 3. Public access to secret files-- 4. Lustration-- 5. Truth commission and official condemnation-- 6. Restitution of property-- 7. Compensation and rehabilitation-- 8. Rewriting history textbooks-- 9. Unofficial projects-- 10. Conclusion.
  • (source: Nielsen Book Data)9781107020535 20160615
A close examination of an understudied European Union member state such as Romania reveals that, since 1989, post-Communist state and non-state actors have adopted a wide range of methods, processes and practices of working through the Communist past. Both the timing and the sequencing of these transitional justice methods prove to be significant in determining the efficacy of addressing and redressing the crimes of 1945 to 1989. In addition, there is evidence that some of these methods have directly facilitated the democratization process, while the absence of other methods has undermined the rule of law. This is the first volume to overview the complex Romanian transitional justice effort by accessing secret archives and investigating court trials of former Communist perpetrators, lustration, compensation and rehabilitation, property restitution, the truth commission, the rewriting of history books, and unofficial truth projects.
(source: Nielsen Book Data)9781107020535 20160615
Law Library (Crown)
Book
617 p ; cm.
SAL3 (off-campus storage)
Book
208 pages ; 20 cm.
SAL3 (off-campus storage)
Book
252 pages ; 21 cm
SAL3 (off-campus storage)
Book
351 pages ; 20 cm.
Green Library
Book
149 pages ; 24 cm
SAL3 (off-campus storage)