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Studies of Business Law – Recent Developments and Perspectives

Contributions to the International Conference "Perspectives of Business Law in the Third Millennium</I>, November 2, 2012, Bucharest

Edited By Catalin-Silviu Sararu

This volume contains the scientific papers presented at the 2 nd International Conference Perspectives of Business Law in the Third Millennium that was held on November 2, 2012 at Bucharest University of Economic Studies, Romania. The scientific studies included in this volume are grouped into three chapters: Recent developments and perspectives in the regulation of business law at European Union level; Transposition of European Union directives into national law; Recent developments and perspectives in the regulation of international business law. The present volume is addressed to practitioners and researchers in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at European and international level.

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RECENT DEVELOPMENTS AND PERSPECTIVES IN THE REGULATION OF BUSINESS LAW AT EUROPEAN UNION LEVEL

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Special Procedures for the Adoption of EU Legal Acts Lecturer Ioana-Nely MILITARU1 Abstract The article is divided into three parts and Conclusions. The first part summarises institutions in EU legislative decision-making positions in the establishment of the European Communi- ties, while part two addresses the procedures for adopting legal acts in their evolution. The third part presents the ordinary, special procedures and legal procedures for adopting non- legislative acts. Findings highlight how the Lisbon Treaty introduced new elements to the procedure. Keywords: institution, ordinary procedure (co-decision), special procedures, decision making, legislative, advisory, cooperation, conciliation, consultation. 1. Institutions in EU decision-making positions In the European Union, the process of adopting legal acts, and legislative or non-legislative decision-making – the so-called decision2 process – mainly in- volves the European Parliament and the Council, Commission, European Coun- cil, while the Economic and Social Committee and the Committee of the Re- gions play an advisory role. Since the establishment of the Community, the legislative powers of Parlia- ment have evolved from their initial advisory role. Since the introduction of the “budgetary treaties” in 1970 and 1975, in- volvement in the budgetary procedure has progressed, and budgeting compe- tence in the European Company is now shared with the Council as specified in Art. 203 of the Treaty of the European Economic Community (TEC). By intro- ducing the cooperation procedure in Article 6, the Single European Act (SEA) recognised the competence to adopt laws. The introduction of the co-decision procedure in the Maastricht Treaty (TMs) gave the European...

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