Innovation and Development in Business Law
Innovation and Development in Business Law
Contributions to the 10th International Conference Perspectives of Business Law in the Third Millennium, November 13, 2020, Bucharest
Contributor(s): Thierry Bonneau (Editor), Cristina Elena Popa Tache (Editor)
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, International Law, Law and Transitional Justice, Law on Economics, EU-Legislation, Commercial Law, Comparative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: business law; commercial law; labor law; criminal law; European law; international law;
Summary/Abstract: This volume contains the scientific papers presented at the Tenth International Conference „Perspectives of Business Law in the Third Millennium” that was held on 8 November 2019 in online format on Zoom. The conference is organized each year by the Faculty of Law of the Bucharest University of Economic Studies together with the Society of Juridical and Administrative Sciences. The scientific studies included in this volume are grouped into five chapters: Commercial law; Labor law; Criminal law; European and international law. The present volume is addressed to practitioners, researchers, students and PhD candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at international and national level.
- E-ISBN-13: 978-606-94978-5-2
- Page Count: 360
- Publication Year: 2021
- Language: English
Main Characteristics of the Companies in the Republic of North Macedonia
Main Characteristics of the Companies in the Republic of North Macedonia
(Main Characteristics of the Companies in the Republic of North Macedonia)
- Author(s):Adnan Jashari, Arta Selmani-Bakiu
- Language:English
- Subject(s):Commercial Law
- Page Range:12-20
- No. of Pages:9
- Keywords:company; legal persons; normative system; concession; presentation system;
- Summary/Abstract:The companies in North Macedonia are organized in five different forms, such as; public limited companies, limited partnerships, limited partnerships with shares, limited liability companies and joint stock companies. All these forms have their characteristics on the basis of which they are distinguished, but they also have common characteristics. In this paper I am dealing with some of the common characteristics of companies, starting with their establishment, the founders, the founding capital, the founding act, the features with which the companies are identified in the market. Normally, separate works can be done for each of them, but with this work I am trying to give an overview of these features, without going into details on each of them. I intend to provide readers with a general overview of some of the characteristics of companies in Northern Macedonia based on the normative method.
Institutional Arbitration in Romania: Legal Issues and Institutional Development
Institutional Arbitration in Romania: Legal Issues and Institutional Development
(Institutional Arbitration in Romania: Legal Issues and Institutional Development)
- Author(s):Crenguţa Leaua, Ingrid A. Müller, Sofia Cozac
- Language:English
- Subject(s):International Law, Commercial Law
- Page Range:21-38
- No. of Pages:18
- Keywords:Institutional Arbitration in Romania; Romanian Code of Civil Procedure; Arbitral Institutions in Romania; Arbitral rules;
- Summary/Abstract:The objective of this study is dual in nature. First, to analyse the provisions pertaining to institutional arbitration in Romania ― an aspect incorporated in the Romanian legislation with the enactment of the New Code of Civil Procedure ― while identifying certain particular characteristics of the administration and course of institutional arbitration proceedings. Secondly, to analyse institutional arbitration in Romania per se and to review the most relevant arbitral institutions in Romania, with the application of certain criteria relevant for arbitration. The research method used is analytical, but also comparative. To analyse the arbitral institutions in Romania the comparative method was applied, based on relevant criteria, such as: the availability of arbitration rules and options for expedited arbitration procedures, the availability of schedules of arbitral fees and expenses, the domestic or international experience of arbitrators, or whether or not there is a standard arbitration clause. The results of the study show that both the provisions concerning institutional arbitration in Romania, as well as the arbitration procedures and the regulations of the arbitral institutions analysed, enable the parties’ access to a modern and efficient way of settling their disputes.
Online Arbitration - Solution for Commercial Disputes During and After the Crisis -
Online Arbitration - Solution for Commercial Disputes During and After the Crisis -
(Online Arbitration - Solution for Commercial Disputes During and After the Crisis -)
- Author(s):Bazil Oglindă
- Language:English
- Subject(s):International Law, Commercial Law
- Page Range:39-51
- No. of Pages:13
- Keywords:online arbitration; legal digitalisation; arbitration; alternative dispute resolution methods; due process; efficient arbitration;
- Summary/Abstract:Adapting justice to the new global status quo is the challenge of the year for courts of law and arbitral institutions. But in such moments of crisis in which the entire judicial system (including private dispute resolution mechanisms) risks to collapse if they do not adapt fast and efficient, big steps in its evolution arise. The switch to online arbitration becomes almost natural in these times. Arbitration institutions and arbitrators face the challenge to rethink and reimagine themselves in this new digitalised era, while still complying with the requirements of the law for a due process and effective dispute resolution. The main objective of this paper is to present and analyse the legal instruments and framework that can be used by arbitrators, lawyers and arbitral institutions as tools to organising efficient online procedures without any prejudice to all the due process guarantees and other fundamental rights and principles of the parties. The result of the study is that the system is prepared to sustain online and digitalised proceedings, but the agreement and openness of the parties is essential in implementing and applying these tools to their dispute in arbitration.
The Impact of the COVID-19 Pandemic on the Performance of National Contracts in the Construction Sector
The Impact of the COVID-19 Pandemic on the Performance of National Contracts in the Construction Sector
(The Impact of the COVID-19 Pandemic on the Performance of National Contracts in the Construction Sector)
- Author(s):Augustin Purnuş, Bogdan Oprea, Constanţa-Nicoleta Bodea, Madalina Stoian
- Language:English
- Subject(s):Public Law, Law on Economics
- Page Range:52-64
- No. of Pages:13
- Keywords:COVID-19; construction; national contracts for constructions; contract clause;
- Summary/Abstract:The COVID-19 pandemic is a global test for all national economies. The impact of the sanitary crisis is also found in the field of constructions, strongly affected by the restrictions imposed by the pandemic. Most works in the field of construction are performed on the basis of contracts, which follow the model of National Contracts, approved by GD1/2018. The paper examines the impact of the COVID-19 pandemic on how the various clauses of National Contracts, such as clause 66 (referring to Force Majeure), clause 22 (which mentions the Contractor's obligation to ensure occupational health and safety on site), clause 68 (relating to the risks of the beneficiary), clause 17 (program of works) and other clauses must be applied. The paper presents a series of scenarios for the application of the clauses in the National Contracts to allow the management of the risks created by the health crisis on the execution of the works.
The Issue of Revocability of the Mandate in Common Interest
The Issue of Revocability of the Mandate in Common Interest
(The Issue of Revocability of the Mandate in Common Interest)
- Author(s):Dana-Lucia Tulai
- Language:English
- Subject(s):Civil Law
- Page Range:65-79
- No. of Pages:15
- Keywords:mandate; revocation; common interest; indemnity;
- Summary/Abstract:Our scientific approach aims to bring to attention a typology of contract that is as old as it is current. Today, more than ever, the mandate contract proves its usefulness, especially as a legal mechanism that provides an extremely flexible juridical framework for many professional activities. The doctrine revealed the complexity of the legal relations derived from this type of conventions, relations that are complicated especially in those situations, quite frequent, in which the principal chooses to unilaterally revoke the mandate conferred. An issue that legal doctrine has paid special attention to is that of the revocability of the mandate in common interest. The revocability of such a mandate agreement is questionable, given that the principal's discretionary right to revoke the mandate is based precisely on the fact that the mandate was conferred in his interest, and therefore only he is able to assess whether his interest has been pursued and fulfilled by the trustee or not. We consider that the principal retains the right to revoke the contract, but with the correlative obligation to compensate the agent for any damage caused, unless the cause of revocation is the proven fault of the agent, or a fortuitous cause, which makes it impossible for the principal to continue the contract.
Legal Regime of Competition in Poland
Legal Regime of Competition in Poland
(Legal Regime of Competition in Poland)
- Author(s):Ovidiu Horia Maican
- Language:English
- Subject(s):Commercial Law
- Page Range:80-96
- No. of Pages:17
- Keywords:competition; Poland; European Union; legislation; harmonization;
- Summary/Abstract:Like the antitrust law in the United States, antimonopoly law forms one of the main elements of competition policy in post-communist countries. According with the Polish legislation, "the promotion and protection of competition in the process of transforming a centrally planned economy into a market economy requires going beyond the scheme of classical antitrust policy." These antimonopoly laws have as goal to create, develop, and protect competition during the transition from a socialist to a market-based economy. Each law sets up a competition authority entrusted with development and protection of competition and oversight and enforcement of competition law. Even some provisions reflect the influence of the laws of the United States and individual European Union member states, the dominant model upon which the competition laws of the post- communist countries are based is the European model.
Some Particularities Concerning the Administration of the Limited Liability Company
Some Particularities Concerning the Administration of the Limited Liability Company
(Some Particularities Concerning the Administration of the Limited Liability Company)
- Author(s):Ana-Maria Lupulescu
- Language:English
- Subject(s):Commercial Law
- Page Range:97-105
- No. of Pages:9
- Keywords:limited liability company; administration; appointment of administrators; the termination of the mandate of administrators; the liability of administrators;
- Summary/Abstract:From the point of view of the organization and functioning of the limited liability company, the legislator has chosen a mixed approach, combining some rules concerning companies of persons, particularly related to the presence of the intuituu personae element, with more formal and rigid rules enacted in the matter of the company by shares. With reference to the rules regarding the administration of the limited liability company, the law expressly states the inapplicability in this matter of the legal provisions governing the administration of the company by shares. On the contrary, in order to define the legal regime applicable to the administrators of this legal form of company, in addition to some special provisions enacted in the matter of the limited liability company, which are not sufficient to fully define such a statute, the legislator chooses to send to the provisions applicable in relation to the administration of the general partnership, emphasizing once again the mixed nature of the limited liability company and the similarities that exist, in certain respects, between it and companies of persons.
Use of the Order of Payment Procedure in Cases of Disputes between Professionals
Use of the Order of Payment Procedure in Cases of Disputes between Professionals
(Use of the Order of Payment Procedure in Cases of Disputes between Professionals)
- Author(s):George-Bogdan Ionita
- Language:English
- Subject(s):Civil Law, Commercial Law
- Page Range:106-111
- No. of Pages:6
- Keywords:contracts; professionals; payment order; legislation; Romanian courts;
- Summary/Abstract:The main objective of this study is to analyze the mechanism of operation of the special procedure of the payment order regulated by the Code of Civil Procedure. The specificity of the research aims to observe an important aspect of this procedure, namely the quality of "professionals" of the parties who can use this institution of civil procedural law in case of possible disputes arising between them. In order to be able to include in as much detail as possible the specific elements and legal theses on the basis of which the contracting parties, having the quality of “professionals” in the contracts concluded between them and under which they chose to go through this procedure, relevant Romanian and European laws in force with the current amendments and updates, then the specialized works that dealt with this issue will be taken into account and last, the relevant decisions pronounced by the Romanian courts will be analyzed.
COVID-19 – The Catalyst of a Legislative Reform in the Field of Insolvency
COVID-19 – The Catalyst of a Legislative Reform in the Field of Insolvency
(COVID-19 – The Catalyst of a Legislative Reform in the Field of Insolvency)
- Author(s):Ionel Didea, Diana Maria Ilie
- Language:English
- Subject(s):Commercial Law
- Page Range:112-134
- No. of Pages:23
- Keywords:Covid-19; insolvency measures; Law no.55/2020; Law no.113/2020; prospects for legislative reform; compared law;
- Summary/Abstract:As the cases of insolvency increase worldwide, thus the articles provided by insolvency researchers and practitioners offer new perspectives for legislative reform. Climate changes, pollution, globalization, digitalization and massive industrialization remain in the shadows of the new challenge of humanity regarding the aggressive spread of the Sars-CoV-2 virus and which painted the picture of society in gray shades, triggering a real health, economic and social crisis. In this sense, Covid-19 becomes a nucleus for a significant reform at the level of each state. The time has come for the judicial system, especially the “key” rules in supporting the economy, such as insolvency, to be upgraded. The speed with which provisional measures were introduced and additions or exceptions to the legislation were regulated in response to the crisis generated by the pandemic, shows us that the dead end in the reform of “obsolete” laws can be overcome. We are almost talking about a “coronavirus law” which could include a series of tem- porary regulations, the legislation discovering perhaps the most diverse and complex form of creation. This pandemic context has contributed not only to the diversification of meanings and to the development of the horizon of legal knowledge, but has managed to revive traditional legal institutions, law being the indispensable vector for transposing the social and economic policies of a State. Beyond these interim measures, however, we must look at the whole, as the effects of the pandemic on certain areas such as labor law, digitalization or the State economy can be long-lasting, and for decision-makers working in the field of insolvency and debt restructuring, the crisis becomes an opportunity for a significant reform. The need for judicial reorganization of business in order to stimulate the survival of viable businesses and save jobs, as a strategy of economic recovery in the coming years, will now “reveal” more than ever the regulations that need insolvency reform and will be born in our culture acceptance of the harmonization of domestic legislation with Union and international standards on best practices in the field. For the moment, we could say that we are facing a “false comfort” of the measures extended by the temporary insolvency legislation, and a much deeper structural reform is certainly needed. Moreover, many of the support measures have expired or are due to an end, which is why a “dilution” of these temporary measures or the reactivation of expired ones could make the difference between survival and collapse, especially for small, with limited cash reserves and narrow margins.
Considerations on the Admissibility of the Creditor’s Claim in the Insolvency Procedure
Considerations on the Admissibility of the Creditor’s Claim in the Insolvency Procedure
(Considerations on the Admissibility of the Creditor’s Claim in the Insolvency Procedure)
- Author(s):Cristina Cojocaru
- Language:English
- Subject(s):Commercial Law
- Page Range:135-140
- No. of Pages:6
- Keywords:Romanian business law; insolvency; insolvency proceedings; effects of the insolvency;
- Summary/Abstract:According to the law, the holder of claims born prior to the opening of the insolvency proceedings, who does not submit the application for admission of the claims until the expiry of the period laid down by the law, will be deprived, as regards of those claims from the right to be in the debts' list and will not acquire the status of creditor entitled to participate in the proceedings. Thus, a claim prior to the opening of insolvency proceedings cannot be valued by means of an action brought after the closure of the insolvency proceedings, since its recovery could only be made in the context of the procedure provided for by the special law. This article aims to highlight the most important aspects on this subject, without claiming of having exhaustively treating the subject.
Theoretical and Practical Aspects Relating to Occupational Accidents Aboard Ships in Romania
Theoretical and Practical Aspects Relating to Occupational Accidents Aboard Ships in Romania
(Theoretical and Practical Aspects Relating to Occupational Accidents Aboard Ships in Romania)
- Author(s):Camelia Florentina Stoica, Radu Ștefan Pătru
- Language:English
- Subject(s):International Law, Law on Economics
- Page Range:141-154
- No. of Pages:14
- Keywords:labor accidents; ship; I.L.O. Convention; internal regulations;
- Summary/Abstract:This study analyses the theoretical and practical aspects relating to a special category of occupational accidents, more precisely the occupational accidents aboard ships. The International Labor Organization (I.L.O.), while aware of the importance of this topic, has issued the Maritime Labor Convention (MLC 2006), ratified by Romania through the Law no. 214/2015, ensuring the legal framework for maritime personnel by considering the special labor conditions thereof. On the internal level, a series of regulations in the Romanian law provide a legal framework in this matter. Among these, the Guide of March 19, 2018 is a document for the safe management and health protection of seafarers aboard the ships under the Romanian flag, bringing important regulations in this field. In this study we will also present the jurisprudential issues regarding the occupational accidents aboard ships. The topic is of interest because accidents on ships represent a special category of accidents at work. Romania is in a leading place in the top of the fatal work accidents at European Union level, as EUROSTAT statistics show. Accidents that occurred on board the ships will also be presented in the chapter dedicated to the case law of this study, presenting the history of shipboard accidents that resulted in the death of six people. The jurisprudence, together with the theoretical approach, will lead conclusions relating to the relevant regulations in the internal law.
Crowd Employment - as an Innovative Form of Employment
Crowd Employment - as an Innovative Form of Employment
(Crowd Employment - as an Innovative Form of Employment)
- Author(s):Mihaela-Emilia Marica
- Language:English
- Subject(s):Law on Economics
- Page Range:155-165
- No. of Pages:11
- Keywords:crowd employment; new forms of work; crowd workers; employment forms; self-employment;
- Summary/Abstract:The current legal framework regarding individual employment relations is generally based on the proliferation of non-standard forms of employment, which meet the need for flexibility in the labor market. The economic and financial crisis has resulted in a significant increase in number of workers looking for alternative forms of employment. Similarly, as companies face an unpredictable business environment, they began to rely more on innovative forms of employment. Actually, by using more flexible workforce the companies have better adjusted to the demands of today`s marketplaces. Although there are many new employment forms which are emerging across EU, the concept of crowd employment has an important potential for development in the context of opportunities offered by the new technologies. In Romania, it is still relatively little known, whereas in the companies operating on the European market it is a common solution to the problems generated by the need for flexibility. The present paper emphasizes the particular features of the crowd employment as an innovative form of employment with an explosive growth in the current context. Based on a comparative law analysis conducted in order to reveal various perspectives of the European Union’s Member States, this paper highlights the degree of utility-precariousness of crowd employment, in the event of its implementation into Romanian labour practice.
The Concept of "Leave Days" in Romanian Labour Law
The Concept of "Leave Days" in Romanian Labour Law
(The Concept of "Leave Days" in Romanian Labour Law)
- Author(s):Raluca Dimitriu
- Language:English
- Subject(s):Law on Economics
- Page Range:166-177
- No. of Pages:12
- Keywords:labour law; working time; leave days; COVID 19; employment contract;
- Summary/Abstract:Working time has maximum limits strictly regulated at national and European level. Periods that do not constitute working time are considered rest time. Among the periods that do not make up working time, in this paper we will explain the concept of “leave days” (days off), not legally defined and even slightly obscure in the current Romanian legislative landscape. The notion of leave days does not benefit from a rigorously outlined legal definition. So, we shall attempt some clarifications. Besides, the paper includes an analysis of recent developments in Romanian Labour Law on working time, in the period of COVID 19 crisis. The heterogeneous nature of the situations considered and their disparate regulation makes it difficult to outline a single legal regime for leave days; from justification to effects, they cover a wide range of legal realities. That is why, how- ever, we deemed useful a synthesis of the situations where this concept is regulated in Romanian law, as well as the legal consequences of these rules on the parties to the individual employment contract.
Aspects of Salary Reduction in the Context of the Epidemiological Situation Determined by the Spread of the SARS-CoV-2 Coronavirus
Aspects of Salary Reduction in the Context of the Epidemiological Situation Determined by the Spread of the SARS-CoV-2 Coronavirus
(Aspects of Salary Reduction in the Context of the Epidemiological Situation Determined by the Spread of the SARS-CoV-2 Coronavirus)
- Author(s):Ana Vidat
- Language:English
- Subject(s):Law on Economics
- Page Range:178-185
- No. of Pages:8
- Keywords:individual employment contract; salary; change; economic crisis; alert status; protection measure;
- Summary/Abstract:The salary, established by individual negotiation, can be modified, as a rule, only by the agreement of the contracting parties – in compliance with the provisions of art. 38 of the Labour Code. However, in the field of individual labour relations, the incidental legal regulations also provide for some hypotheses of unilateral reduction of the contractual element seen in the above. For example, the modification of the collective labour contract – in the private sector – through the adopted laws, determines the modification of the individual labour contract (because art. 132 paragraph 4 of Law no. 62/2011 of the social dialogue specifies: “the individual labour contract may not contain clauses establishing rights at lower levels than those established by the applicable collective bargaining agreements”).
Methodology and Appraisal Tools Under Collective Redundancy Workframe
Methodology and Appraisal Tools Under Collective Redundancy Workframe
(Methodology and Appraisal Tools Under Collective Redundancy Workframe)
- Author(s):Ioana Cristina Neagoe-Diniță
- Language:English
- Subject(s):Law on Economics
- Page Range:186-196
- No. of Pages:11
- Keywords:collective redundancy; notification; performance objectives; appraisal; dismissal decision;
- Summary/Abstract:The legal rules on collective redundancies abound in matters of interpretation and application; the most thorny of the questions arising from this process is related to the integration of the performance goals appraisal and general professional competence appraisal in a legal context that the legislator wanted to be eminently objective. Beyond the substantive aspects of this complex process, all stages of information, consultation, regulation and implementation of aspects related to the selection of employees in scope of collective redundancy must be clearly and accurately recorded in the documents issued in collective redundancy processes. Their non-compliance entails the risk of the court annulling the dismissal decision, affecting the effectiveness of a long, complex and trau- matic process for the individuals and the organization. We further aim to capture some of the best practices regarding the steps taken for the smooth implementation of a collec- tive redundancy process, with a special focus on issues related to the professional evaluation of employees.
The Content of the Obligation to Information and Consultation of the Employees in the Collective Redundancies Procedure
The Content of the Obligation to Information and Consultation of the Employees in the Collective Redundancies Procedure
(The Content of the Obligation to Information and Consultation of the Employees in the Collective Redundancies Procedure)
- Author(s):Maria Violeta Duca
- Language:English
- Subject(s):Law on Economics
- Page Range:197-217
- No. of Pages:21
- Keywords:the content of the right to information and consultation of the employees in the collective redundancies procedure; relevant information; the freedom to conduct a business; special circumstances;
- Summary/Abstract:The paper aims to analyse the essential content elements of the right to information and consultation of the employees in the collective redundancies procedure. It follows from the case-law of the Court of Justice of the European Union that an essential aspect is the initiation of consultations at a time when negotiations may determine the employer to waive the decision envisaged. The intentional element is not defining for the birth of the obligation on the employer, who is under an obligation to foresee the collective redundancies, when it takes economic decisions which may indirectly affect the employment relationships of a large number of workers. In view of the decisions of the Court of Justice of the European Union, the case-law of the national courts and the Constitutional Court of Romania, it is also highlighted the limits of the right to information and consultation of employees determined by the employer's right to run the business. From the comparative law analysis of the procedural remedies made available to the employees' representatives, the paper also argues that, de lege ferenda, it should be regulated an appeal under the jurisdiction of the labour courts for annulment of the reorganisation decisions issued by the employer which are manifestly unreasonable, before they take effect.
The Sources of Precarious Work
The Sources of Precarious Work
(The Sources of Precarious Work)
- Author(s):Raluca Anderco
- Language:English
- Subject(s):Law on Economics
- Page Range:218-228
- No. of Pages:11
- Keywords:precarious work; worker; economic development; atypical form; source;
- Summary/Abstract:The article aims to analyze the specific sources of precariousness: Undeclared work, False-independent activities, Atypical employment contracts, "Very atypical" employment contracts, Standard employment contract. The concept of precarious work could not be given an overview without referring to atypical working relationships, which implicitly have a precarious component. In this sense, for the analysis of the precarious elements within the atypical work reports, it is important to define this concept, starting from the definition of the standard/typical work relationship. These economic, political and social influences, which encompassed society, led to the emergence of atypical forms of work, as a consequence of labor market flexibility. Here that, in such an unstable and variable economic environment, the deviation from the standard employment contract appears to be imminent. Consequently, we intend to further analyze, starting from the definition of standard work, atypical employment contracts, as well as other non-standard activities (undeclared work and false self-employment), as activities that underlie the phenomenon of precarious work.
Illegal Termination of the Individual Employment Contract - Appli- cation of the Provisions Regarding Illegal Dismissal or Not?
Illegal Termination of the Individual Employment Contract - Appli- cation of the Provisions Regarding Illegal Dismissal or Not?
(Illegal Termination of the Individual Employment Contract - Appli- cation of the Provisions Regarding Illegal Dismissal or Not?)
- Author(s):Sandra Grădinaru
- Language:English
- Subject(s):Law on Economics
- Page Range:229-237
- No. of Pages:9
- Keywords:labor law; illegal termination; labor contract; employer`s obligation;
- Summary/Abstract:The legal termination of the individual employment contract represents the termination of the individual employment contract for reasons not related to the will of the employer or the employee. In the judicial practice, as well as in the specialized literature, it was appreciated that a distinction must be made between dismissal and the reasons for the legal termination of the individual employment contract. At the same time, it was appreciated in the specialized doctrine the fact that in case of legal termination of the employment contract, the employer would not have to comply with additional obligations than the issuance of a notification to the employee to inform him that his legal relationship has ceased for work. The Romanian legislator provided for the need to go through a preliminary procedure in case of legal termination of the individual employment contract as a result of admitting the request for reinstatement in the position held by the employee of a person fired illegally or for unfounded reasons. The preliminary procedure presupposes that prior to the notification of the employee regarding the legal termination of the individual employment contract, he proposes to the employee other vacancies in the unit, compatible with the professional training or, as the case may be, with the work capacity established by the occupational doctor. Romanian legislation on labor law is regulated in the sense of preventing and sanctioning any violation of the employer's legal obligations. Thus, in the situation of illegal dismissals, the sanction provided by the legislator is the absolute nullity with the possibility of reinstating in the situation prior to the issuance of the dismissal decision. During this work we intend to analyze whether the legal provisions on sanctioning illegal dismissals can be applied by analogy and in case of non-compliance with the employer's obligation to complete the prior procedure in case of termination provided by Article 56 paragraph 1 letter e) of the Labor Code. The present paper has a theoretical and practical importance because the specialized doctrine has not analyzed this hypothesis, and at the level of the courts a unanimous judicial practice has not been established.
Particularities of the Labor Relations of Young People and the Elderly During the Covid-19 Pandemic
Particularities of the Labor Relations of Young People and the Elderly During the Covid-19 Pandemic
(Particularities of the Labor Relations of Young People and the Elderly During the Covid-19 Pandemic)
- Author(s):Elena Daniela Oprescu
- Language:English
- Subject(s):Law on Economics
- Page Range:238-249
- No. of Pages:12
- Keywords:telework; young workers; older workers; digital skills; labor market;
- Summary/Abstract:The present study aims to identify the legislative changes caused by the Covid-19 pandemic and to analyze the consequences of these changes on the employment relationships of young people and the elderly. During the pandemic, a flexibility of labor relations at national level and the need to regulate exceptions regarding the modification of individual employment contracts can be observed. Support measures have also been adopted for vulnerable groups of workers, young and old, respectively. Telework during the Covid-19 pandemic and beyond may encourage the exit from the labor market of older workers whose digital skills are lower than those of other categories of workers. To avoid this effect, it is necessary for employers to take measures to train the digital skills of employees, especially of older workers, having in mind the demographic aging of the population, which is also visible on the labor market.
Several Opinions and Controversies in Connection with the Active Subject of the Money Laundering Crime in the New Criminal Law
Several Opinions and Controversies in Connection with the Active Subject of the Money Laundering Crime in the New Criminal Law
(Several Opinions and Controversies in Connection with the Active Subject of the Money Laundering Crime in the New Criminal Law)
- Author(s):Nelu Dorinel Popa, Bianca Popa
- Language:English
- Subject(s):Criminal Law
- Page Range:250-264
- No. of Pages:15
- Keywords:money laundering crime; new criminal law; European Union; comparative law;
- Summary/Abstract:The enforcement of the money laundering law sparked controversies in the doctrine and jurisprudence in Romania, especially in matters related to the relation between the active subject of the subsequent crime of money laundering and the active subject of the main offence, from which the goods subject to laundering derive. In one opinion, the possibility that the author of the main offence is to be held criminally liable both for the main offence, as well as for the subsequent crime of laundering the goods coming from criminal offences was highlighted, the crimes coexisting in real competition. In another opinion, it was considered that the person who committed the offense from which the goods subject to laundering originate, could not launder the product of the main crime (in the option of acquisition/ownership/use) as the active subject of the subsequent crime of money laundering is different from the active subject of the main crime from which the goods in question are derived. On the basis of these controversies, by Decision no. 418/2018, the Constitutional Court upheld the exception of evident unconstitutionality, finding that the acquisition/ownership/use of goods coming from criminal offences committed by the active subject of those offences cannot be dissociated from the main offences, as they cannot be analyzed as separate offences. According to the arguments in the article, contrary to the abovementioned decision, the use of goods coming from themain offence for the subsequent offence of money laundering is not.
Forensic Investigation of Cybercrime
Forensic Investigation of Cybercrime
(Forensic Investigation of Cybercrime)
- Author(s):Petruţ Ciobanu
- Language:English
- Subject(s):Criminal Law
- Page Range:265-269
- No. of Pages:5
- Keywords:computer systems; cybercrime; investigation technique; cross-border; electronic evidence; computer search; on-site research;
- Summary/Abstract:The evolution of information technology, information systems and has left its mark on all areas of social, economic, civil, military life, and the advantages of information technology are absolutely obvious, it decisively influencing the progress of humanity. Cybercrime includes, in addition to classic criminal acts (fraud, counterfeiting, prostitution) and acts specific to the cyber domain (software piracy, card theft or forgery of electronic payment instruments, network viruses, electronic terrorism, harassment by e-mail, etc.). Terms such as: "computer related crimes", "cybercrime", "high- tech crime" are used to describe offenses committed through or against computer systems and communications networks. Information technology offers special possibilities for breaking the law in any field that uses cyber systems (financial banking, road traffic, air traffic, national security, military, medical, educational, social).
The Frequency of Criminal Acts in the Field of Economic Crime in the Work of Judicial Organs in Serbia
The Frequency of Criminal Acts in the Field of Economic Crime in the Work of Judicial Organs in Serbia
(The Frequency of Criminal Acts in the Field of Economic Crime in the Work of Judicial Organs in Serbia)
- Author(s):Milan Počuča, Jelena Matijašević
- Language:English
- Subject(s):Criminal Law
- Page Range:270-281
- No. of Pages:12
- Keywords:economic crime; economic-business relations; the Criminal Code; crimes against economy; crimes against official duty;
- Summary/Abstract:Economic crime is a kind of crime which is primarily characterized by a diversity of definitions and theoretical interpretations. The paper is methodologically based on a theoretical analysis of the relevant contemporary viewpoints in theory, while the normative method was principally applied in the research part, supplemented with the analytical and deductive methods. In the parts devoted to the results of work of judicial organs based on instituted and completed criminal proceedings for crimes against economy and crimes against official duty, a basic quantitative data analysis will be presented. The primary legislative source consulted in the research part is the Criminal Code. The reference period for which the official data of the Statistical Office of the Republic of Serbia is analysed is the three-year period from 2017 to 2019. The conclusion which followed after the analysis of the frequency of criminal acts in the field of economic crime in the work of judicial organs in Serbia is that an essential aspect of economic stability is an optimum number of incriminations, as well as efficient work, proper coordination, and a timely reaction of all the judicial organs in all phases of criminal proceedings for criminal acts the committing of which violates any aspect of business dealing, economic development, or economic-business relations in the broadest sense.
The Capacity of the Shareholders to be Regarded as Successors within Criminal Proceedings
The Capacity of the Shareholders to be Regarded as Successors within Criminal Proceedings
(The Capacity of the Shareholders to be Regarded as Successors within Criminal Proceedings)
- Author(s):Bogdan Bodea
- Language:English
- Subject(s):Criminal Law
- Page Range:282-291
- No. of Pages:10
- Keywords:prejudice; liquidated; shareholders; successors; criminal case;
- Summary/Abstract:The article debates the capacity of the shareholders of a liquidated company to succeed that company in the civil side of the criminal case. Such an aspect is of an upmost importance since settling the civil claim and granting satisfaction to the prejudiced party constitutes one of the goals of the criminal procedure. The article analyses the consequences of terminating the prejudiced legal entity prior to the ruling in a criminal case form both a criminal procedure perspective and a commercial law one and argues that a fair solution can only be obtained if the right party is compensated for the suffered prejudice.
Theoretical Considerations on the Notion of European Citizenship
Theoretical Considerations on the Notion of European Citizenship
(Theoretical Considerations on the Notion of European Citizenship)
- Author(s):Gabriel Micu
- Language:English
- Subject(s):EU-Legislation
- Page Range:292-299
- No. of Pages:8
- Keywords:European Union; citizenship; European citizens; European Union citizens’ rights;
- Summary/Abstract:European Union regulations must comply with the fundamental principles of Public International Law, as set out in the operative part of the Treaty of Lisbon. Consequently, this legal-political architecture establishes the four freedoms. Among these, freedom of movement is one of the most important, not only in terms of the coherence needed in conducting business, but also in the importance that Member States attach to achieving an ever-closer link between European nations, an objective already mentioned in the preamble of the Union Treaty. This objective is closely linked to the political concept of European citizenship, which will also have to be argued from a legal point of view. This article aims at highlighting some of the legal aspects of citizenship, which will have to be at the core of the concept of a united Europe, being able to be recognized as such by all Member States.
The role of courts in the procedure for recognizing and enforcing foreign arbitral awards. Comparative look at the Romanian Code of Civil Procedure and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards
The role of courts in the procedure for recognizing and enforcing foreign arbitral awards. Comparative look at the Romanian Code of Civil Procedure and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards
(The role of courts in the procedure for recognizing and enforcing foreign arbitral awards. Comparative look at the Romanian Code of Civil Procedure and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards)
- Author(s):Radu-Mihai Necula
- Language:English
- Subject(s):International Law, Comparative Law
- Page Range:300-309
- No. of Pages:10
- Keywords:foreign arbitral award; Code of Civil Procedure; New York Convention; recognition and enforcement of foreign arbitral awards;
- Summary/Abstract:The purpose of this paper is to identify the main procedural steps that the court must go through in the procedure for the recognition and enforcement of foreign arbitral awards, without seeking a through analysis of all possible procedural incidents that may occur in such cases. procedures. At the same time, in this material we did not intend to analyze the merits of requests for recognition/enforcement of foreign arbitral awards, respectively the validity of these requests in relation to the defenses that may be made by persons against whom the recognition/enforcement of arbitral awards or issues which can be invoked, ex officio, by the court. More precisely, we limited ourselves to identifying and analyzing the attributions of the court, from a procedural perspective, in the situations in which the court is invested with requests having as object the recognition and/or execution of the arbitral awards. Also, the procedural means available to the parties in these proceedings were also addressed in the context of the subject of this paper. Within these limits, we referred to the provisions of the Code of Civil Procedure and the provisions of the New York Convention, as these are the main normative instruments, of particular importance in the analyzed field.
Evolution and Change in the Common Agricultural Policy of the European Union
Evolution and Change in the Common Agricultural Policy of the European Union
(Evolution and Change in the Common Agricultural Policy of the European Union)
- Author(s):Andreea Stoican
- Language:English
- Subject(s):EU-Legislation
- Page Range:310-316
- No. of Pages:7
- Keywords:common agricultural policy; European Union; profitability; climate conditions;
- Summary/Abstract:Being launched in 1962, the common agricultural policy represents an enormous partnership between the society itself and its farmers. The importance of the existence of a set of legal documents that focus on these aspects is justified especially due to the fact that statistically, despite the importance of the food production, farmers' incomes are about 40% lower than the incomes obtained in other fields of activity, due to the dependency of agriculture on the weather and climate conditions. The current study, therefore, aims in presenting a summary of the main legislative measures taken in the agricultural field by the European Union, trying to emphasize aspects that still need to find a solution for, in order for the farmers to maintain the profitability of their activity.
EU Regulations on Herbal Medicines and their Impact on the Industry's Business
EU Regulations on Herbal Medicines and their Impact on the Industry's Business
(EU Regulations on Herbal Medicines and their Impact on the Industry's Business)
- Author(s):Oana Iuliana Rujoiu
- Language:English
- Subject(s):EU-Legislation
- Page Range:317-331
- No. of Pages:15
- Keywords:regulations; plant-based medicines; phytotherapy; economics; European Commission;
- Summary/Abstract:The research focuses on the European Commission's regulations for herbal medicines marketing registration and its impact on its businesses. The following study uses empirical research, which includes the analysis of several articles and technical documents. The study will examine the European Commission's directives for standardizing herbal medicines' registration procedures on the European market. According to WHO, of the 500,000 species, only 22,000 plants are used in traditional medicine, while only 3,000 have been scientifically evaluated. These data highlight the need to simplify the registration procedure, allow the process to be streamlined, and launch on the European market as many herbal medicines as possible. The costs involved in herbal medicine manufacturing sum to between € 90,000 and € 140,000 for each medicine plant. A large part of the costs is generated by the clinical tests required for the product registration process. However, the simplified registration procedure exempts products that can prove a 15-30 year history of components usage in the European space.
Legislative Measures Adopted by the European Union to Support the Business Environment in the Context of the COVID-19 Pandemic
Legislative Measures Adopted by the European Union to Support the Business Environment in the Context of the COVID-19 Pandemic
(Legislative Measures Adopted by the European Union to Support the Business Environment in the Context of the COVID-19 Pandemic)
- Author(s):Dragoș Mănescu
- Language:English
- Subject(s):EU-Legislation
- Page Range:332-345
- No. of Pages:14
- Keywords:Covid-19; CRII; CRII +; SURE; REACT-UE;
- Summary/Abstract:The European institutions have responded to the Covid-19 pandemic through a series of legislative initiatives aimed at supporting the business environment and reducing both the financial and social impact. We have analyzed several packages of legislative measures enacted at European level and how they have been transposed into national legislation.
The Requirement to Verify the Principle of Subsidiarity Legal Acts of the European Union
The Requirement to Verify the Principle of Subsidiarity Legal Acts of the European Union
(The Requirement to Verify the Principle of Subsidiarity Legal Acts of the European Union)
- Author(s):Ioana Nely Militaru
- Language:English
- Subject(s):EU-Legislation
- Page Range:346-353
- No. of Pages:8
- Keywords:subsidiarity; principle; legal act; competence; European Union; institution;
- Summary/Abstract:The principle of subsidiarity is a principle of regulation of the exercise of Union powers, which allows each institution in the exercise of its powers to ensure that the principle of subsidiarity is respected. The principle is evolving taking into account the fact that the Single European Act (1987) provided for as a criterion, not a principle, for the Treaty of Lisbon to regulate the principle in art. 5 para. 3 of the TEU, adding an explicit reference to the regional and local dimension of the principle of subsidiarity.
Blue Laws. A Perspective on International and Domestic Laws Related to Blue Economy and Need for Harmonization of Laws as ‘Blue Laws’ to Facilitate Protection and Promotion of Marine Environment and Maritime Trade
Blue Laws. A Perspective on International and Domestic Laws Related to Blue Economy and Need for Harmonization of Laws as ‘Blue Laws’ to Facilitate Protection and Promotion of Marine Environment and Maritime Trade
(Blue Laws. A Perspective on International and Domestic Laws Related to Blue Economy and Need for Harmonization of Laws as ‘Blue Laws’ to Facilitate Protection and Promotion of Marine Environment and Maritime Trade)
- Author(s):Harsh Pathak
- Language:English
- Subject(s):International Law, Law on Economics
- Page Range:354-360
- No. of Pages:7
- Keywords:blue economy; blue laws; maritime trade; marine environment; sustainability;
- Summary/Abstract:As per the World Bank, blue economy is the "sustainable use of ocean resources for economic growth, improved livelihoods, and jobs while preserving the health of ocean ecosystem." European Commission defines it as, ”all economic activities related to oceans, seas and coasts”. The Blue economy is an emerging sector with opportunities and therefore, needs a harmonised public and private laws at national and international level. This paper is based on author’s proposal for dedicated laws and harmonisation of laws at domestic and international level though a unified and codified common law as “Blue Laws” and dedicated institutional framework for its regulation and development for sustainable development of marine, industrial and coastal ecosystem. As “Blue Laws” for “Blue Economy” is an emerging concept which encourages better stewardship of our ocean or blue ressources through laws balancing economy and environment. The blue economy goes beyond viewing the ocean economy solely as a mechanism for environmental concern and economic growth. In the business-as-usual model, large-scale industrial nations have seen the development of their ocean economies through the exploitation of maritime and marine resources – for example through shipping, commercial fishing, marine -agriculture, tourism, education, heritage and the oil, gas, minerals and mining industries - often without a view to the effects their activities have on the future health or productivity of those same resources. As same water resource has different regulatory framework due to different costal states, requires unification with harmonisation with international laws. The establishment and development of effective legal, regulatory and institutional frameworks for the blue economy as ‘Blue Laws’ are crucial steps toward structuring and guiding its growth and opportunity. The existing Legal, regulatory, and institutional frameworks require thorough review in order to understand the blue economy’s institutional environment, identify existing gaps, and take advantage of collaborative synergies to establish a common code as ‘Blue Laws’. Similar to the “Green Laws”, the “Blue Laws” on welfare legislation model aims for improvement of human well-being, trade opportunities and socio-economic equity, while significantly reducing environmental risks and ecological scarcities for the global community. The United Nations Sustainable Development Goals (SDGs), especially SDG14 life below water, recognises the requirement for ambitious, coordinated actions to sustainably manage, protect and preserve our ocean, for the sake of present and future generations, further strengthening the concept of “Blue Laws”.