Fără îndoială, după 2007, anul aderării României la Uniunea Europeană, unul din avantajele preluării în sistemul juridic național a unui set de reguli care funcționa de mai bine de 30 de ani la nivelul statelor membre ale Uniunii ar fi putut fi evitarea erorilor și disfuncționalităților care au marcat evoluția acestor reguli. Era de așteptat ca în materia achizițiilor publice erorile de aplicare a reglementărilor, care au fost corectate pe parcurs de Curtea de Justiție a Uniunii Europene, să nu mai fie reluate în aplicarea acestor reglementări în sistemul național. Cu toate acestea, de o manieră relativ nespectaculoasă, practica în materia achizițiilor publice reia o serie de erori legate de calificarea contractelor supuse directivelor în materie, deși acestea au fost clarificate de jurisprudența Curții de Justiție a Uniunii Europene.

On the background of some possible controversies, the rational interpretation of Article 56 (4) of the Labour Code involves the solution according to which the conclusion of an independent individual labour contract does not take place, but the initially concluded contract of the employee is extended, with the approval of the employer. As a result, the cessation by law of the contract takes place at the time when one of the time limits agreed upon is reached: one, two or maximum three years.

The authentic document is the document drawn up or, as the case may be, received and authenticated by a public authority, by the notary public or by another person invested by the state with public authority. Likewise, any other document issued by a public authority and to which the law confers this character is authentic. In other words, in order to be qualified as „authenticated document”, a document must meet the following requirements: a) be drawn up or, where appropriate, received and authenticated by a public authority, a notary public or by another person invested by the state with public authority; b) the instrumenting agent must be competent from material and territorial point of view to instrument the document; c) to be drawn up in compliance with the formalities required by law or, as the legislator specifies, „in the form and under the conditions established by law”. The legislator devotes the field of authenticity to the document, specifying the elements which relate to authenticity, namely: establishing the identity of the parties; expressing their consent about their content; the signature of the parties and the date of the document [Article 269 (1) second sentence of the Civil Procedure Code, Article 90 (2) of the Law No 36/1995]. The signature of the public servant confers authenticity to the document on which it is given. It follows that it falls into the field of authenticity what the instrumenting agent finds ex propriis sensibus. The document which by its form and appearance (the signature of the public notary or the public servant, the seal of the authority, the registration number, etc.) has the aspect of an authentic document drawn up regularly enjoys the presumption of authenticity and validity, and the contesting party can only fight against it by means of the procedure of registration of forgery.

In this article, the author analyzes the legal nature of the parliamentary committees and concludes, together with other authors, that they should be considered as internal working bodies of each Legislative Chamber. The role of parliamentary committees, whether standing committees or committees of inquiry, or other special committees, is to prepare the works which are going to be debated in the plenum of the Legislative Assemblies. As working bodies, the parliamentary committees do not have their own decision-making power over the matter referred to them. In other words, the parliamentary committees do not express a political will, in a deliberative sense, because their role is to examine the matters referred to them by the standing bureaux of the Legislative Chambers and to make proposals thereto. The reports and opinions they make on the matters under examination have the value of recommendation made to the plenum of each Legislative Chamber, these being free – as deliberative bodies – to accept or reject the solutions proposed by the committees. Each Chamber of Parliament has the full freedom to set up specialized committees in certain areas of activity. The Constitution obliges the Legislative Chambers to set up permanent committees and to set up – when it deems necessary – committees of inquiry or other special committees. The composition of the parliamentary committees reflects, as far as possible, the political configuration of the Chamber that has decided to set them up.