Spor de risc. Admitere recurs
Tribunalul Caraş Severin, secţia conflicte de muncă de muncă, sentinţa nr. 1656 din 3 decembrie 2012
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Tribunalul Caraş Severin, secţia conflicte de muncă de muncă, sentinţa nr. 1656 din 3 decembrie 2012
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The Article presents Polish solutions concerning „legal remedies” on prolonged legal actions (complain on prolixity of legal proceedings) as described in act of 17 June 2004 about complaint on violating the right to recognize the case in preparatory proceedings lead or supervised by prosecutor as well as in judicial proceedings without justificatory reason. The author points on features of complaint on prolonged legal proceedings and makes analysis of procedures initiated by making a complaint. Subsequently it is compared with standards of European Convention for the Protection of Human Rights and Fundamental Freedoms. The complaint was presented as comparison study - the author resented solutions adapted in selected European countries such as Italy, Austria, Czech Republic and Spain. The similarities and differences of particular legal instruments were presented against this background. Moreover, it was checked whether the adopted solutions comply with Strasbourg standards.
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The author discusses the problems of linking the application for the justification of the judgment with the scope of its appeal against the background of amendments to the Code of Criminal Procedure. The request to prepare in writing and to provide the justification of the judgment is of particular importance in the criminal trial, it opens the way to appeal against the decision. Changes in the regulation, in particular the wording of art. 422 § 2 k.p.k. cause that this activity is even more important to shape the boundaries of the case in the appeal instance than the previous one. Submission of an application for justification of the judgment partly gives the court the power to limit the scope of justification.
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The object of the commented ruling concerns two separate issues, namely: the protection of a monument based on an entry of urban layout in the official Register of Monuments, and a single entry of a building (real estate) in the Register of Monuments. The entry of an urban layout in the Register of Monuments is classified as an area entry, not an individual one, which does not imply that objects located in such an area are exempt from monument protection. Applicable jurisprudence indicates quite a few discrepancies regarding the mutual relations between area entry and individual building entry, which determine the purpose of this commentary – to distinguish and analyse them in detail. What remains relevant is that while each of the buildings included in the layout entered in the Register of Monuments can be included separately into the register, this does not equate to a presumption that failing to enter such a building in the register precludes the legal protection resulting from an entry of the historic urban layout in the selfsame register.
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The author analyses tbe application of the principles of disposition and officiality to stoppage of proceedings before the Constitutional Court. He deals in particular with proceedings in which action can be taken back and pays most attention to the disputable issue whether action can be taken back in proceedings on constitutionality of acts or other legal provisions. He draws conclusion that it is not possible because the Consitutional Court Act does not allow this. Public interest and the principle of legal state, compared to other types of proceedings, take precedence and the Constitutional Court has to finish any started proceedings. The author points out that even constitutional complaint may protect public interest and does not necessarily have to concern private interest of an individual only. On the other hand, there are situations in proceedings on constitutionality of legal regulations when plaintiff is entitled to claim stoppage of proceedings. Thus, it is more appropriate to leave it at the discretion of tbe Constitutional Court in most proceedíngs (except constitutional action against the President) whether they admit stoppage of proceedings.
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State aid. Claim held by a company whose capital is majority owned by the Romanian state, against a company whose sole shareholder is this state. Give in payment. The concept of ""state aid"". Obligation to notify the European Commission. The competent court to analyze the fulfillment of the conditions regarding the existence of state aid.
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Period of availability at home acomplished by a doctor from a legal medicine institute. The obligation to report to work within 20 minutes. Working time within the meaning of Directive 2003/88.
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"THE JURISPRUDENCE OF THE ROMANIAN COURTS IN SELECTED CASES IN WHICH THEY SUBMITTED PRELIMINARY QUESTIONS TO THE CJEU (Cases C-62/19, C 354/18 şi C 644/19)" "I. Cauza Star Taxi App SRL , C-62/19 (Star Taxi App SRL Case, C-62/19) II. Cauza Rusu , C‑354/18 (Rusu Case, C‑354/18) III. Cauza FT, C‑644/19 (FT Case, C‑644/19)"
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Data protection and competition law have been at a crossroads in terms of their integration. Antitrust authorities as well as data protection supervisory authorities have grappled with the question of whether both fields of law should be combined into the same analysis. The German competition authority, the Bundeskartellamt, was the first to fuse them in its landmark case against Facebook’s data processing terms and conditions.The exploitative theory of harm put forward by the German NCA is the first of its kind to integrate data protection considerations into the antitrust analysis, namely by drawing a line between an infringement with the General Data Protection Regulation (GDPR) and anti-competitive harm. This case comment outlines its key developments at the national level, to then address the questions that have been answered by the Court of Justice of the European Union, CJEU, in Case C-252/21 concerning the interpretation of the GDPR in the context of competition law.
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The elimination of fiscal measures that can constitute obstacles to the free movement of goods has been one of the concerns of the European authorities since the beginning of the European construction process. The Capolongo jurisprudence represents one of the decisions of fundamental importance in the practice of the Court of Justice of the European Union in defining the concept of charge with an equivalent effect to customs duties, by revealing the broad interpretation of this notion at the time.Even if the findings in the Capolongo jurisprudence were partially modified by the subsequent jurisprudence of the Court, from a theoretical point of view, the decision is of particular theoretical importance in showing the differences between the notion of taxes with an equivalent effect and general tax measures of a discriminatory nature.
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The use of military force to resolve contradictions continues to be part of the international relations. Armed conflicts cause powerful negative impacts on social relations, which cannot be neutralized without strengthening criminal justice response and speeding up and simplifying the procedures for its implementation. The specificity of military service in wartime requires the existence of an adequate set of measures for enhanced, speedy and effective criminal justice protection of the military order and discipline. Until 1952 the Bulgarian legislator consistently distinguishes the conditions of wartime from the usual conditions in which the administration of justice takes place and developes wartime procedural norms. However, in modern Bulgarian legislation, the problems of the wartime criminal process are ignored and there is an urgent need to develope wartime norms regarding special rules for examining cases tried by military courts. These norms should be consistent with the rules of International humanitarian law, International human rights law and International criminal law. In their creation, the four different approaches to the wartime criminal proceedings adopted in the legislation of other countries should be studied and analyzed.
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These records, sorted by areas of interest and in relation to the applicable EU law, gather in a synthesis format, for ease of use, all the precise 679 references for a preliminary ruling, dealt with by ECJ within the timeframe, published or not in the General Electronic Register of the Court, gathered from the Curia website - "Case Law" link (curia.europa.eu), or from the official website of the European Union (eur-lex.europa.eu)
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These records, sorted by areas of interest and in relation to the applicable EU Law, gather in a synthesis format, for ease of use, all the 482 Court Judgements, ruled by ECJ in the Preliminary Procedures (PP and PPU), within the timeframe, published or not in the General Electronic Register of the Court, listed on Curia website - "Search Case Law" link (curia.europa.eu), whose content is also available on the oficial gateway to EU Law (eurlex. europa.eu)
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The Act of 15 December 2017 on Insurance Distribution implementing the IDD Directive intro- duced the distributor’s obligation to adjust the insurance contract to the client’s demands and needs. Although such an obligation was not expressed by any law before, the courts tried to trace it from existing provisions on insurance contracts. Surprisingly the current judicature does not refer to the new provisions of The Act on Insurance Distribution searching for the means of cli- ent protection in earlier existing regulations in particular in rules providing for liability of the insurer for activities of his agent. While agreeing with the thesis that the changes made were of an evolutionary rather than revolutionary nature, the author expresses surprise at the law prac- titioners’ fail to recognize the importance of article 8 of the Law on Insurance Distribution. In his opinion, expressing new duty establishes contract liability and facilitates proving the unlaw- fulness as the prerequisite of the liability of the distributor for the loss resulting from the conclusion of the insurance contract unfavourable for the client.
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This article cites the facts described in the judgment of the Warsaw-Praga District Court of 24 May 2022, ref. no. file: IV Ca 752/21. The ruling is of great importance for the hotel market and tourism organizers in Poland, as it concerns the definition of a hotel service, as opposed to a package-tourist event. The judgment sparked numerous comments in the tourism industry and the press. Even though it concerns a legal status no longer applicable in the field of organizing tourist events, it has practical significance for the functioning of the market. It should be kept in mind that the combination of tourist services, which did not constitute a tourist event under the previous legal status, will not result in its creation under the current legal status. These aspects will be discussed extensively in this case comment.
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The section contains a selection of the most important decisions from the Romanian Courts. The decisions are selected and commented by authors. The emphasis of this section resides in the ability of each author to comment upon a relevant case-law and to comment upon the legal issue brought by the court. The decisions are summarized and grouped by law subjects. The decisions present the situation in question, the procedures, the arguments brought by the parties and the pronounced solutions. Each decision contains a short commentary relating to the legal issue analyzed by the court.
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In this paper, the author reviews statutory regulations establishing atypical ways of terminating of employment. Their use by the legislator results in the necessity to look for a model of judicialprotection that would ensure the proper implementation of the constitutionally guaranteed right toa court. The analysis of the introduced regulations shows that there is no rational justification for theneed to introduce them and questions the rightness of interfering with the classic division betweenlegal events and legal acts leading to termination of employment both in the case of employmentrelationships and employment relationships of an administrative nature.
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In the study, which is of a scientific and research nature, the following thesis is adopted: Justice is served in the process of law application but it materializes only at the moment of judgment execution. The article is aimed at answering the question about the understanding of justice in judicial enforcement proceedings (the last stage of the law application process). The subject has not been deeply discussed in the theory of law and, as a result, I believe it is essential to enquire whether the execution of judgment is still an element of justice, while it is a general truth that justice has already been served in the court (court judgment). The thesis presented is corroborated by the European Court of Human Rights decisions, as well as by the Polish Supreme Court case law. Similar conclusions find justification in the European acts of law. Debt repayment is not only a Polish problem, but a problem of many European countries. Certainly, in times of economic crisis and the worldwide problems of inflation, pandemic and wartime, it is more difficult to repay debts, but those simply do not disappear and enforcement is a solution reached for in search of justice.
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The article analyzes the use of precedent by the European Court of Human Rights. It examines the various types of precedents in the practice of the Court and how they are utilized. It discusses different methods of development of case law, including overruling precedents, branching of the case law, and fragmentation of the case law. The article also proposes guidelines for the orderly development of case law.
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The final judgment of the High Court of Cassation and Justice in the case Sorin Antohi v. CNSAS
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