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This contribution reflects on the role of soft law instruments to address the rule of law crisis, a topic of high relevance in the context of this special issue. Indeed, the EU-15 enlargement towards the 'periphery' proceeded also through soft law instruments, perceived to allow greater flexibility in monitoring. Soft law – or rules of conduct that have no legally binding force but may have legal and practical effects (Snyder 1993, 64) have been considered inappropriate by the literature in dealing with the regulation of values in EU law. However, a closer look at the career of soft law issued for Romania under the Cooperation and Verification Mechanism appears to suggest a more nuanced picture. Whilst time is not yet ripe for a full assessment of the effectiveness of the tools, there are signs that show that the reports issued by the Commission within the Cooperation and Verification Mechanism process have had an influence in fostering change. They did so by catalysing litigation and, as a result, informing and fuelling an institutional dialogue on the rule of law at the transnational level. [ABSTRACT FROM AUTHOR]

With Romania's accession to the European Union, a continuous modifi cation of our legislation is underway, and the decisions of the European Court of Justice in application of this legislation must be respected and applied by the Romanian courts, even at the risk of causing disturbances in the internal legal order. Within this framework, it is necessary to identify procedural levers in order to mitigate the risk that, through the direct application of EU law, the situation of defendants in national proceedings may be worsened precisely in the light of this law. [ABSTRACT FROM AUTHOR]

Th is paper investigates the complexities associated with the principle of conferral within the European Union (EU) and highlights the diffi culties and challenges related to conferring competences both within the EU and in the relationship between the EU and its member states. Also the paper underscores the need to maintain vigilance and ongoing monitoring of issues related to conferral to ensure the effi cient functioning of the EU in an ever‑evolving context. (Th e paper was presented at the 6th National Conference, in Bucharest, with international participation, on the theme "Application of European Union Law in Romania", organised by the Romanian Society of European Law, a member of the International Federation of European Law, on October 27, 2023. ) [ABSTRACT FROM AUTHOR]

The CJEU decision C-107/23 PPU of July 24, 2023 creates two large categories of legal problems: a first category from the perspective of Union law and a second category from the perspective of domestic law. The European perspective is of less interest for the present analysis, but at least two elements that are closely related and which we will develop on another occasion should be emphasized: (i) the amplification of the tendency to relax the conditions necessary to recognize the direct effect of European norms and (ii) the assumption by the CJEU of a role of judicial review. From the perspective of national law, the Lin judgment seems impossible to implement. The substance of the opposition to the national law system or a significant part of it comes, most likely, first from considerations intrinsic to the decision and only then from reasons related to the limits of the supremacy of EU law. Recently, a similar solution was adopted by the CJEU through the Ordinance of 9 January 2024 in case C-131/23, the only difference from case C-107/23 being that the interpretation of the CJEU took into account Decision 2006/928/EC of The Commission of December 13, 2006 establishing a cooperation mechanism and verifying the progress achieved by Romania in order to achieve certain specific reference objectives in the field of judicial system reform and the fight against corruption. [ABSTRACT FROM AUTHOR]

Considered as being the main component element of the advisory procedure, an endorsement is an opinion that an administrative body requests from certain authorities and administrative structures, according to the subject matter of the regulation, to adopt/issue an administrative deed. In this article, using logical interpretation as well as comparative analysis, we set out to highlight the significance of endorsements in Romania, outline their legal nature, and establish the relationships between the types of endorsements, so that the conclusions may represent a starting point for a future theory of this type of documents. We considered the French specialty literature to give a comparative law note to our approach. At the same time, we considered certain types of endorsements in some European states, based on the analysis of a Codex regarding a series of Constitutions of some European states in order to emphasize the importance they give to these endorsements. We gave an overview of the theory of endorsements through the lens of the existing legislation over time in Romania or rather, its lack thereof. In our study, we also referred to the draft ReNEUAL Code of Administrative Procedure of the European Union, which aims at "transposing the European values into the regulation of administrative procedure related to the non-legislative implementation of European Union law and policy". We set out on this analysis, considering the lack of legal regulation of endorsements, their legal nature, and their effects, with reference not only to doctrine but also to some cases that we considered for analysis from court practice. In the framework of the new effort to develop the Code (still in the draft form) in Romania, it seems that endorsements will receive their well-deserved place, distinct from simple administrative operations. Our main approach concerns Romanian legislation, doctrine, and jurisprudence, but it also includes a brief analysis of the jurisdiction of the Court of the European Union, with reference to the endorsements issued at the level of the institutions of the European Union. As a general conclusion, we believe that endorsements should be separately regulated, by clearly distinguishing between administrative documents and administrative operations, in the future Code of Administrative Procedure. [ABSTRACT FROM AUTHOR]

In the European Union, social security systems vary widely from one member state to another, in particular regarding the family benefits. In order to reconcile the conflicting provisions contained in the relevant national legislation and to ensure the right to move and to stay within member states, the European Union provides coordination of social security systems, regulating the principle of equal treatment and the principle of aggregation of insurance periods. The current paper analyses whether the parental accommodation leave and benefit regulated in the Romanian legislation qualifies as social security benefit, specifically a family benefit, under EU law, meeting the criteria set out in the Court of Justice of the European Union relevant case-law. [ABSTRACT FROM AUTHOR]

The Constitutional control in Romania implies the obligation of the courts to apply the decisions of the Constitutional Court and may involve the disciplinary sanctioning of judges for non-compliance with these decisions. Some judges considered that this mechanism may affect their independence, especially if the EU law may come into conflict with the decisions of the Constitutional Court. Our paper highlights that a proper understanding of the constitutional control underlines the essential role of the Constitutional Court for the protection of the democratic state and of the values of the European Union through its dialogue with the CJEU and with the national courts. [ABSTRACT FROM AUTHOR]

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THE AIM OF THIS PAPER IS TO DISCUSS THE KEY ASPECTS OF INTELLECTUAL PROPERTY LAW IN THE MEMBER STATES OF THE EUROPEAN UNION. THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS IN THE MEMBER STATES OF THE EUROPEAN UNION WAS ALSO A NECESSITY ARISING FROM THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION (TFEU). TAKING LEGAL ACTION IN ONE OR MORE EU COUNTRIES TO ENFORCE INTELLECTUAL PROPERTY RIGHTS IS A CHALLENGE. THE ADOPTION OF THE FRAMEWORK DIRECTIVE ON THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS WAS INTENDED TO STOP THE CONSIDERABLE DISCREPANCIES IN NATIONAL LAWS THAT CAUSED UNCERTAINTY AND A DIFFERENCE IN THE APPLICATION OF THIS INSTITUTION BETWEEN EU MEMBER STATES. THE PRESENT PAPER FITS SUCCINCTLY INTO PANEL VIII - PRIVATE LAW AND PUBLIC LAW REGULATIONS AS GUARANTEES OF THE PROTECTION OF THE INDIVIDUAL IN ROMANIA, PRECISELY BECAUSE THE INSTITUTION OF INTELLECTUAL PROPERTY IS IN ITSELF AN INSTRUMENT TO GUARANTEE THE PROTECTION OF HUMAN INTELLECTUAL CREATION. [ABSTRACT FROM AUTHOR]

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The Constitutional Court of Romania carries out the control of the constitutionality of the laws and ordinances of the government and pronounces decisions that have a binding effect erga omnes. Within the constitutionality control, a special position is occupied by the EU law. In our paper we will focus on the interferences that may arise between the national norm, the EU law and the national Constitution, from the perspective of the jurisprudence of the Constitutional Court and the principle of priority of the EU law. [ABSTRACT FROM AUTHOR]

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The Supreme Court of Romania has at its disposal a procedure whereby it can give a decision to unify the domestic case-law, namely the appeal in the interest of the law. The study examines all appeals in the interest of the law, from 2003 to the present. Typologies of the application of European Union law are taken into account, highlighting decisions in which the interpretation of the legal rules in the new codes in civil and criminal matters was taken into account. Appeals in the interest of the law followed the general social interest, the problems that were considered in unifying the case-law being in the field of criminal law, especially the European arrest warrant, then successive forms of the car registration tax and unfair terms. [ABSTRACT FROM AUTHOR]

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In this article, we propose to present the stages of application of the Infringement Procedure against the member states of the Union that fail to fulfil the obligations arising from the legislation of the European Union. Under the provisions of the Treaty of Lisbon, the European Commission has the power to initiate this procedure ex officio or following a referral and decide to refer the case to the Court of Justice of the European Union, if the Member State concerned does not take the necessary measures to comply with Union law. Failure to comply with a judgment of the Court of Justice by the Member State concerned, shall enable the Commission to refer the case back to the Court of Justice and to propose that the Court impose financial penalties. Also, if the Member State does not communicate in time the measures taken to transpose the provisions of a European Directive, the Commission may request the Court to apply financial penalties to that State. The case of Romania regarding the application of this procedure, known as "Infringement", is presented in detail in the monitoring documents published by the European Commission, such as the 2019 Annual Report on monitoring the implementation of EU law, which provides official data and information on the evaluation and ranking of the Member States of the Union in this matter, from which we will capture some comparative aspects that we consider to be significant and relevant. Last but not least, we will present some recent exemplary situations of application of the Infringement Procedure, in the case of Romania. [ABSTRACT FROM AUTHOR]

The spread of the fraudulent phenomenon, both quantitatively and qualitatively (through the use of new and increasingly complex means of fraud), has led the European Union to take an increasingly firm position both by establishing structural and legal means of fight against fraud, as well as by raising the fight against tax fraud to the level of an objective taken on by the European Union. It has proved imperative for a more complex system to be outlined that would protect the European Union's financial interests, inclusively through criminal law instruments, given that protection through administrative instruments alone has proved insufficient. In shaping such a protection system, not only the legislative intervention of the European Union (referring to the adoption of Directive (EU) 2017/1371 as ultimate legislative document) is relvant, but also the case law of the European Union Court of Justice and the establishment of the European Public Prosecutor's Office. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Română de Drept European is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Discrimination by association is a concept that, while not expressly regulated by the European Union law, has been enshrined in the case law of the Court of Justice of the European Union. It allows the extension of the legal protection provided by the anti-discrimination legislation of the European Union to persons who, although they do not belong to the protected categories due to the reasons of discrimination envisaged (racial and ethnic origin, religion or belief, disability, age and sexual orientation), undergo less favorable treatment or certain disadvantages as a result of the links ("association") with a protected category. In Romania, discrimination by association is not consecrated at the legislative level, but in recent years two legislative initiatives (still unfinished) have been promoted in order to regulate it. In this context, the article aims to analyze the scope of discrimination by association, starting from the European legal framework in the field of non-discrimination and from the interpretative case law of the Court of Justice of the European Union. The main landmarks of the Court's case law and its possible implications at national level are identified. At the same time, by making a brief inroad into domestic law in combating discrimination, the paper concludes that, although there are certain obstacles, national law can be interpreted to include discrimination by association. Therefore, although a legislative consecration of discrimination by association is preferable, it should be done with a degree of caution given the possible implications and persistence of certain ambiguities in the relevant European case law. [ABSTRACT FROM AUTHOR]

All the ways of expressing the content of the law are known in the specialized literature under the name of sources or sources of the law, there being two understandings of the term of source of law, namely: source of law in the material sense known also as material or real source and source of law in the formal sense or formal source. Judicial practice or jurisprudence is one of the formal sources of law. This is defined as representing the whole of the judgments given by the courts of all degrees, including the practical experience of the judicial bodies that apply the law to concrete cases. Being prior to law as a source of law, jurisprudence did not have the same role in the legal systems, its role and purpose being different from one historical era to another, from one system of law to another. Thus, we will briefly discuss some aspects specific to the jurisprudence in contemporary law, in Romano-Germanic law, in Anglo-Saxon law, focusing more on the judicial practice in Romania, on those exceptional situations, provided by the Constitution and other laws, which urge the reconsideration of judicial practice as a source of law. In EU law, case law is accepted as a (complementary) subsidiary source of EU law. [ABSTRACT FROM AUTHOR]

In the Coman case, the European Court of Justice was asked whether the term "spouse"—for the purposes of EU law—includes the same-sex spouse of an EU citizen who has moved between EU Member States. The ECJ answered this question affirmatively, holding that a refusal to recognise a same-sex marriage and the resultant refusal to grant family reunification rights to a Union citizen who moves to another Member State, would constitute an unjustified restriction on the right to free movement that Union citizens enjoy under EU law. This case comment analyses the judgment, arguing that the Court's pronouncement is a very welcome first step towards marriage equality at a cross-border level in the EU. At the same time, following the delivery of this ruling, a lot of questions have arisen and gaps in the protection of same-sex couples persist, and these are also analysed in this piece. [ABSTRACT FROM AUTHOR]

Considering the case-law of the Romanian Constitutional Court and the Court of Justice of the European Union, in this study we analyze the Government Emergency Order no. 52/2017, regarding the mechanism of restitution of taxes to the creditors mentioned by Art. 3 para. (1) who applied for a refund before 1 September 20181. The article is interesting to the society, given that the Romanian state is required to repay taxes levied in breach of European Union law and, according to the explanatory memorandum of Law no. 258/2018 for the approval of the Order, there are over 180000 national applications for refund and judgments, not paid or partially paid. [ABSTRACT FROM AUTHOR]

The interpretation and application of the European Union law, including the case-law of the Court of Justice of the European Union, by the arbitral tribunals is a subject which is little approached. This is due on the one hand as a result of the confidentiality of the arbitration awards and on the other hand to the specificity of the legal order of the European Union and of the International commercial arbitration. This article aims to illustrate the interpretation and application of the European Union law by the International Commercial Arbitration Court attached to the Romanian Chamber of Commerce and Industry as it emerges from the recent arbitration awards. [ABSTRACT FROM AUTHOR]

As is commonly known and generally accepted, a legal rule must be clear, predictable and accessible, predictable to leave no room for interpretation. A questionable, imperfect (unclear) or unclear or uncorrelated law with other legal provisions becomes disputed and therefore may be interpreted differently, generating in this way a non-unitary practice and contempt for justice and justice. Right is the inestimable heritage, culture, education, science of a state, is the result of many generations who have learned, who have gone to the world, to society, to the community; and where they went they became, in turn, a living lamp that enlightened, educated, formed part of the community in which it lives. Think of a law graduate as a jurist who, with his teachings and feelings, the experience he has acquired will carry him with his whole life and pass them on to all generations. This is a formidable trump, which can not be compensated with anything else; which can not be measured in anything other than a contribution of the right to education, to the formation, to the evolution of the Romanian state and people. This is the spirit of time, and if we do not take it into account, we remain behind the train. This Europeanization tends to uniformize, and if we do not keep what we have at home, we risk running out of history. How can we proceed? The influence of EU law has steadily increased and now it is about to jump to a much higher level and to cross other borders. As a consequence, we will all live and work in the environment generated by Union law or its consequences. Revolutionary change is similar, but with far more important effects than the industrial revolution - when thousands of seemingly independent transformations have come together to form a new economic system, accompanied, neither more nor less than a new way of life, a new civilization called "modernity" as well as new legislation. For legislation to be truly revolutionary, it must undergo changes not only in quantity but also in the way it is created, distributed, transferred. In addition, the extent to which it is tangible or intangible must change. Only when transformations occur at all levels we have the right to call "revolutionary" legislation. [ABSTRACT FROM AUTHOR]

European integration has notable impact on the territorial organization of Europe, especially after the adoption of the Treaty of Lisbon. Therefore, it became urgent to develop guidance and best practices in the fields of territorial cohesion, urban matters and spatial planning, including with regard to local governments. Despite complicated relations in a multi-level governance setting, or because of this setting, local governments are an integral part of the construction of an European territory. The paper argues that territorial cohesion and spatial planning goals will not be achieved without a complementary focus on local communities as the engines of growth. It aims to clarify issues relating the local communities' role in shaping and implementing European strategies and concludes with some recommendations on territorial perspectives and new goals and tools that should drive the European Union towards higher democratic integration. [ABSTRACT FROM AUTHOR]

In the current context of globalization there it is more and more emphasis on the return to a sense of national identity, promoting the traditionalism more increasingly. Romania has great potential in this regard, the transfer of cultural heritage for future generations is protected by law, Order 724/2013. Until the implementation of the Order 724/2013, the legislation was quite permissive, in 2013 a number of over 4,000 certified traditional products was reached. After the implementation of the Order 724/2013 the concept of "traditional" product has become stricter, thus leading by 2016 to have only 556 certified traditional products, three of which were certified according to the European Union legislation. Limiting the quantity produced per day in 2013 has led many producers to calculate the cost of opportunity before certifying the products by the new legislation criteria. The traditional products address to a narrow niches because their added value is reflected in the sale price. The research results indicate a decrease in the number of traditional products certified after introducing the more strain legislation in 2013 (Order 724/2013). [ABSTRACT FROM AUTHOR]

National wealth is one of the most important macroeconomic indicators that basically highlights the material and spiritual wealth of a nation, accumulated over time. Both through the produced capital and the intangible capital, the national wealth plays a decisive role in ensuring sustainable economic and social development. This paper aims to present first the concept of national wealth, as well as the concerns and difficulties in measuring this indicator on a national and international level. Secondly, based on a World Bank study, we conducted a comparative analysis of the national wealth of 28 EU member states, insisting on Romania's place. The presented data highlight both the trend of increasing the value of the national wealth of all the 28 EU countries, but also the significant differences in the level of total national wealth. [ABSTRACT FROM AUTHOR]

From the point of view of the principles of the Romanian Constitution (art. 1 para. (5), 11, 16, 20, and 148) are two ways to compel people: consent and the law. What seems to me severely for my conscience Romanian and man of law, is that this political body called the European Union was not founded in law Romanian nor the consent Romanians but under the policy makers and foreign adherents our - delegation of legislative power which contradicts the principle of art. 1 para. 1 and art. 2 para. 1 items foundation of the entire Constitution. But above all, considerations of legal and constitutional - even if ardent followers European responsibilities the great advantage of creating the EU by means of the law as an argument irrefutable - reopening the pages for a plebiscite among nations and the Union for a divorce amicably as if brexit community. [ABSTRACT FROM AUTHOR]

The article critically discusses the perspective of the Constitutional Court of Romania concerning the practice of using Government emergency orders (acts regulated by Article 115 of the Constitution of Romania) in order to transpose European Union directives or to implement provisions of European Union law into Romanian law. [ABSTRACT FROM AUTHOR]

In a context of increasingly globalized Romania's energy policy is implemented through changes and developments taking place at national and European level. In this context, Romania's energy policy should be correlated with similar documents at the European level so as to ensure our country's policy of European Union policy in the field. "National Energy Strategy for 2014-2020" represents significant progress in harmonizing the interests and priorities of EU policy in the field. Provisions explicit strategy focuses on three core objectives of EU energy policy, namely: 1) Strengthening the security of energy supply in the EU 2) Sustainable development 3) development of competitive markets as the main means of achieving objectives. They went bankrupt, while others have tried to overcome the crisis through loans or other strategies, such as layoffs, wage reduction or restriction markets. Anticrisis measures governments have taken individually, to protect the national economy and collectively (at EU level). [ABSTRACT FROM AUTHOR]

After Romania's accession to the European Union, the Romanian lawmaker attempted to implement efficient tools to concretly transpose the Priority Principle for the Application of European Law, for instance, into the national law. In this context, under Law nb. 262/2007 for amending the Contentious Administrative Law nb. 554/2004 a new review reason was introduced, a reason that is added to the review reasons provided by the Code of Civil Procedure. Because this legal text had sort of an unlucky drafting, being often criticized for being unconstitutional, it ended by being directly and totally abrogated, and, later on, on the same basis, be declared from the very beginning as partially unconstitutional, and then re-entered into force, the text still producing legal effects, through the first and third thesis in the initial drafting. The lawmaker was suggested that, while re-examining the text, to take into account the arguments provided by Decision nb.1.609 September 9 2010, regarding some shortcomings in drafting this legal norm. In the present paper, we intend to evaluate these legal provisions and review the main aspects which generated and still generate conflicts in enforcing and interpreting it, underlining, where necessary, our own approach. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Under European law, EU directives and the problems of their transposition into national law are an issue that reflects the complex nature of the relationship between EU's power to issue regulations and Member States' tasks in deciding the optimal form of application of these rules internally. This paper presents the experience of Romania, one of the new Member States which joined the EU in 2007, with regard to the transposition into national system of the European directives as a means to illustrate the dynamics of the relationship between the European Union and the Member States. [ABSTRACT FROM AUTHOR]

This paper, addressed to a specialised public, aims not only to analyse but also to clarify the difficulties encountered in accepting, understanding and applying the new law on "extended confiscation". This study wishes to offer the reader the opportunity to have access to academic opinions on the theme in order to better form an opinion based on the different interpretations available as well as on the reader's own perception. The first section takes us back in time to see the first similar regulations in Romania, their flaws, the differences between past realities and current realities as well as some similarities between what our "ancestors" imposed as law and the current achievements of the European Union. The second section treats the present, listing the different academic interpretations of the text, the conditions of application and the characteristics of the text, the true constitutional wars carried on the domain, as well as similar texts found in other states. Eventually, the third and final section takes a look at the future, basing itself on the new proposal for a EU Directive which would bring legal novelty in Romania. [ABSTRACT FROM AUTHOR]

Art. 1 of the Romanian Labor Code states that its provisions shall apply to employment relationships, and the legal literature established that the employment relationship arises mainly from the employment contract between the employees and their employers. Law no. 52/2001, which regulates the casual work performed by the day laborer, by way of derogation from the provisions the Labor Code, provides that an employment relationship is established between the labor beneficiary and the day laborer, but an employment contract (which, according to Article 16 of the Labor Code requires written form) is not concluded. As the Court of Justice of the European Union decided in the Land Tirol Case that workers performing occasionally work, even for a single day, fall within the scope of the Framework Agreement on temporary work, and the Albron Catering BV decision stated that between the "employment contract" and "employment relationship" terms there is a relation of subsidiarity, the employment relationship of workers who provide occasional work must produce the same effects, in terms of the concerned person's rights, with those of an individual employment contract Is concluded that Community legislation conferring rights to workers who have a employment contract or an employment relationship under the national law in force must be construed and enforced in accordance with the jurisprudence of the Court of Justice of the European Union, with regard to the relationship between the employment contract and the employment relationship. [ABSTRACT FROM AUTHOR]

Copyright of Revista Română de Drept al Afacerilor is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper aims to discuss the harmonization of family regulations at European level and also to analyze to what extent the Principles of European Family Law regarding Divorce have been included in the family regulations at national level. In order to reach the objectives, there were two research methods that have been used: document analysis and comparative research. At European level there is no definition of "family" and this fact makes the concept of family very difficult to define. Considering the various sociological, anthropological, historical and religious factors, the definition and the meaning attributed to this institution differs from state to state. The analysis has revealed that in the last decade there is a growing interest for harmonization in the field of family law. It has also revealed that, at national level, steps have been made in order to integrate the European principles in the national regulations. The importance of this study is that has provided detailed information of the European norms and also a thorough analysis about the national regulation and the improvements that can be made. [ABSTRACT FROM AUTHOR]