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Revue Européenne Du Droit Social European Journal of Social Law REVUE EUROPÉENNE DU DROIT SOCIAL 1 Revue europénnee du droit social Maison d’édition Bibliotheca • Atestée par le Ministère de la Culture et des Cultes avec l’avis no. 4363 / 27.05.1997 • Acreditée par le Conseil National de la Recherche Scientifique (CNCS), 2011-2014 • Membre de l’Association des Editeurs de Roumanie – AER (Romanian Publishers Association – RPA) N. Radian, KB 2/3, Târgovi şte, 130062 tel/fax: 0245.212241 e-mail: [email protected] www.bibliotheca.ro 2 European Journal of Social Law REVUE EUROPÉENNE DU DROIT SOCIAL Volume XXXV • ISSUE 2 • Year 2017 Édition Bibliotheca Târgovi şte, 2017 3 Revue europénnee du droit social La Revue est reconnuée par le Conseil National de la Recherche Scientifique (CNCS) categorie B+ avec avis no. 828/2007 en évidence BDI Copernicus, CEEOL, EBSCO Publishing, DESY Publication Database et Open Academic Journals Index (OAJI) Comite scientifique/ Scientific Board: Mohamed-Larbi ARIBOU, Professeur, Université Abdelmalek Essaâdi de Tanger, Maroc; Raffaele AVETA , Seconda Università degli Studi di Napoli, Italie; Antonio BAYLOS, Professeur, Université de Castilla La Mancha, Espagne; Gabriela Mendizábal BERMÚDEZ , Professeure, l’Université Autonome d’État Morelos au Mexique; Alberto Chartzman BIRENBAUM , Universidad Nacional Tres de Febrero, Buenos Aires, Argentina; Sophie BOUTILLIER, Maître des conférences, Université du Littoral-Côte d'Opale, France; Martha Elisa Monsalve CUÉLLAR , Professeure, l’Université La Gran Columbia, Columbia; Carmen DI CARLUCCIO, Charge de cours, Universita Seconda di Napoli, Italia; Luis Serrano DIAZ , Professeur, Université du San Marcos (UNMSM-FCC, Ceups) Lima-Perú; Rafael Junquera de ESTÉFANI, Professeur, UNED Madrid, Espagne; Guillermo FERRIOL , Professeur, Université de Havana, Cuba; Leslie Templeman HOLMES , University of Melbourne, Australie Cristina MANGARELLI , Professeure, l’Université de la Repúbliaue, Montevideo, Uruguay; Silvia Fernández MARTÍNEZ , Université de Bergamo, Italia; Lourdes Mella MĖNDEZ , Professeur, Université de Santiago de Compostela, Espagne; Ana R. Martín MINGUIJÓN, Professeure, UNED Madrid, Espagne; Raul Vergara MIRELES , Professeur, Université Autonome d’État Morelos, Mexic; Ángel Guillermo Ruiz MORENO , Professeur, Universidad de Guadalajara, México; René David NAVARRO ALBINA , Professeur, Unviversité de Atacama, Chile; Maria ORLOV , Maitre de conférences: Université d’Etat „Alecu Russo” Balti, République de Moldova; Juan Carlos PAULUCCI , Professeur, Centre interaméricain d'études de sécurité sociale, Argentina; José Alvarez PESTANA, Professeur, UNED Madrid, Espagne; Hans-Joachim REINHARD , Professeur, Institut Max Planck, Allemagne; Ana Teresa RIBEIRO , Professeur a l’Université Catholique du Porto, Portugal; Marcelo RICHTER , Professeur, Université de San Carlos de Guatemala, Guatemala; Rodrigo Garcia SCHWARZ , Professeur, Université del Oeste de Santa Catarina, Brésil; Ahmed SMAHI, Maître des conférences, Université de Tlemcen, Algérie; Krassimira SREDKOVA , Professeur, Université de Sofia, Bulgarie; Carlos Luiz STRAPAZZON , Professeur, Université del Oeste de Santa Catarina, Brésil; Ana ŞTEF ĂNESCU , Maître des conférences, Université „Dun ărea de Jos” Gala ţi, Roumanie; Edvana TIRI , Charge de cours, Professional Business Academy, Tirana, Albania; Kamil TUGEN, Professeur, Université du „Dokuz Eylul” Izmir, Turquie; Alexandru ŢICLEA, Professeur, Université Ecologique Bucarest Roumanie; Marioara ŢICHINDELEAN , Maître des conférences, Université „Lucian Blaga”, Sibiu, Roumanie; Dimitri UZUNIDIS, Professeur, Université du Littoral-Côte d'Opale, France; Vlad BARBU, Professeur, Académie de Police „Alexandru Ioan Cuza” Bucarest, Roumanie. 4 European Journal of Social Law Comite de rédaction/Editorial Board: Rédacteur en chef / Editor responsible: Dan Ţop, PhD Executive Editor: Marc S. Richeveaux, PhD Rédacteur en chef adjoint / Editor assistant: Radu Răzvan Popescu, PhD Secrétaire de rédaction / Editorial Secretary: Pedro Fernandez Santiago, PhD Reviewers Board / Conseil d'évaluateurs : Antonio BAYLOS , Professeur, Université de Castilla La Mancha, Espagne; Alberto Chartzman BIRENBAUM , Professeur, Université Nacionalr ,,Tres de Febrero”, Buenos Aires, Argentina; Gabriela Mendizábal BERMÚDEZ , Professeure, Université Autonome d’État Morelos au Mexique; Martha Elisa Monsalve CUÉLLAR , Professeure, Université La Gran Columbia, Columbia; Luis Serrano DIAZ , Professeur, Université de San Marcos (UNMSM- FCC, Ceups) Lima, Perú; Leslie Templeman HOLMES, Professeur, Université de Melbourne, Australie; Lourdes Mella M ĖNDEZ , Professeur, Université de Santiago de Compostela, Espagne; Ángel Guillermo Ruiz MORENO , Professeur, Universidad de Guadalajara, México; Hans-Joachim REINHARD , Professeur, Institut Max Planck, Allemagne; Ana Teresa RIBEIRO , Professeure, Université Catholique du Porto, Portugal; Rodrigo Garcia SCHWARZ , Professeur, Université del Oeste de Santa Catarina, Brésil; Sophie BOUTILLIER , Professeure, Université du Littoral Côte d’Opale, France; Ana ŞTEF ĂNESCU , Maître des conférences, Université,,Dun ărea de Jos” Gala ţi, Roumanie; Edvana TIRI , Charge de cours, Professional Business Academy, Tirana, Albania; Kamil TUGEN , Professeur, Université du „Dokuz Eylul” Izmir, Turquie; Alexandru ŢICLEA , Professeur, Université Ecologique Bucarest Roumanie; 130051, Târgovi şte, Aleea Trandafirilor, bl. 10, ap. 46, Jude ţul Dâmbovi ţa, Roumanie, Tel. 0722.723340 www.RevueEuropéenne_du_DroitSocial.ro ISSN 2393 – 073X • ISSN–L 1843 – 679X Copyright@2017 5 Revue europénnee du droit social SOMMAIRE REFLECTIONS ON THE RULE OF LAW – SELECTIVE ASPECTS (Nicolae Pavel) / 7 ERROR IN THE NEW CIVIL CODE (Adrian Ţuţuianu) / 25 SPECIALIZATION AND PORT EFFICIENCY: THE CASE OF TUNISIAN PORTS (Nahed Zghidi) / 33 PROPERTY RIGHTS AND ECONOMICS (Loredana Adelina P ădure) / 51 IMPACT OF PRIVATIZATION ON ECONOMIC GROWTH (Haida Maria Dumitrescu) / 59 LA PROBLÉMATIQUE DES COMPÉTENCES EN ALGÉRIE (Amine. Meksem) / 68 VICES OF CONSENT IN NEW CIVIL CODE (Cristian Dumitrescu) / 81 HOW O.U.G. NO. 1/2016 EXCHANGED THE CIVIL PROCEDURE CODE (Cosmina Moise) / 88 REAL ESTATE PROPERTIES SHORT HISTORY OF THE REAL ESTATE PROPERTY REGIME IN ROMANIA (Dana Adriana Ţop, Ionu ţ Niculescu) / 97 PROPERTY RESTITUTION IN CENTRL AND EASTERN EUROPE (Daniela Ţă ranu) / 104 6 European Journal of Social Law REFLECTIONS ON THE RULE OF LAW – SELECTIVE ASPECTS Nicolae PAVEL * Abstract: By this approach, the proposed study opens a complex and complete vision, but not limited to: Reflections on The Rule of Law – selective aspects. In the analysis of comparative law will preserve the symmetry of the approach to identifying regulations on the rule of law in the constitutions of other states. The topic of the scientific endeavor will be circumscribed to the scientific analysis of its parts, as follows: 1) Introduction. 2) Identifying the constitutional principles on the rule of law in the Romanian Constitution of 1991 and in the Romanian Constitution of 2003 as well as in the Constitutions of other States. 3. Identifying the principles on the rule of law in the consolidated version of the Treaty on European Union and in the Charter of fundamental rights of the European Union. 4. Highlights about the doctrine concerning the rule of law. 5. Highlights about the jurisprudential on the rule of law. 6) Conclusions. Keywords: rule of law, constitutional principles, constitutions, Treaty on European Union, Charter of fundamental rights, highlights about doctrine, highlights about the jurisprudential. 1. Introduction 1.1. In the onset of this study, we intend to analyze the first documents of consti- tutional nature of the United Kingdom of Great Britain and Northern Ireland and the first Constitution under written form in the world, the Constitution of the United States of America which, in our opinion, set the first principles referring to the rule of law . 1.2. In our opinion, referring to the history and origins of the rule of law, the symbolic documents in the history of human rights should be investigated, i.e. Magna Carta 1215 1 şi Habeas Corpus Act 1679 An act for the better securing the liberty of the subject, and for prevention of imprisonment beyond the seas 2 which set the defining and original feature of „ the rule of law ”. * Associate professor, Ph. D, Spiru Haret University, Bucharest, Romania, Faculty of Sciences Juridical, Political and Administrative and Research Associate at the Institute of Legal Research "Acad. Andrei Rădulescu" of the Romanian Academy, E-mail: [email protected]. 1 Simina Elena T ănăsescu and Nicolae Pavel, The Constitutional documents of the United Kingdom of Great Britain and Northern Ireland , Publishing House C H Beck, Bucharest, 2003, p. 46. „Paragraph 39, No free men shall be seized or imprisoned, or imprisoned, or stripped of his rights possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send other to do so, except by the lawful judgment of his equals or by the law of the land”. 2 Ibidem, p. 63, „Habeas Corpus Act, An act for the better securing the liberty of the subject, and for prevention of imprisonment beyond the seas, Paragraph I, „Whereas great delays have been used by sheriffs, jailers and other officers, to whose custody any of the King's subjects have been committed for criminal or supposed criminal matters, in making returns of writs of habeas corpus to them directed, by standing out an alias and pluries habeas corpus,
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