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Within this study, the authors intend to analyse the enforcement of judgments pronounced by the administrative disputes courts, in the light of the general provisions of the Civil Procedure Code and of the special provisions of the Law on administrative disputes No 554/2004, as well as of the case law in this matter. -
Within this paper, the author makes a thorough analysis of the offence regulated by Article 277 of the Criminal Code, starting with the reason of incrimination and presenting in detail the constitutive elements of this new offence. To this end the author often makes reference to the provisions of the Statement of reasons of the Law No 286/2009. At the same time, the author confers a particular importance to establishing the existing relations between the offence provided by Article 277 of the Criminal Code and those regulated by Article 12 point 2 of the Law No 78/2000, by Article 269 of the Criminal Code, respectively.
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This study makes an examination of the legal provisions regarding the retirement of the university teaching staff. There are analyzed in a critical manner the provisions stated in Article 289 (3) and (6) of the Law on national education No 1/2011, which refers to the continuation of activity by the retired teaching staff and to the maintenance of the quality of titular in education and/or research. The author believes that the syntagms used by the mentioned texts do not receive an exemplary drafting, which may lead to different interpretations. The author also points out that, in the administrative practice, some university senates have adopted methodologies capable of annihilating the application of the legal provisions regarding the maintenance of the quality of titular of the teaching staff, solution appreciated as deeply illegal. At the end of his study, the author considers that it is necessary a better drafting of the texts relating to the maintainance in office of the university teaching staff whose teaching and scientific performance is undeniable. Likewise, de lege ferenda, it is estimated that such a possibility should be recognized only for university professors, not for all teaching staff.
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This article emphasises the special situations of some employees of the public hospitals, of the forensic medicine institutes and of the employees of some quarry mining exploitations, who have reported prejudices to their right to health and safety at work by the conduct of the employers, of the trade unions and even of the public institutions with powers of control and of ensuring the respect for these rights.
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This article aims to examine Article 16 of the Labour Code, republished, on the requirement of drafting individual employment agreement in Romanian language, from various standpoints, such as: (i) applicable sanction for failure to conclude the individual employment agreement in Romanian language; (ii) the requirement to observe the principle of equal treatment in cases where the individual employment agreement is concluded with a foreign citizen or a national of another Member State of the European Union or the European Economic Area, concretized, inter alia, by drafting the individual employment agreement in the language of the foreign citizen; (iii) the probative value of the versions of the individual employment agreement concluded in several languages.
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Until the entry into force of the Treaty of Lisbon, the citizens of the Member States of the European Union were participating in the democratic life of the European Union by their recognized right to submit petitions to the European Parliament and the right to address the European Ombudsman. The Treaty on the European Union (TEU) reinforces the citizenship of the Union and enhances the democratic functioning of the Union providing, among others, that every citizen must have the right to participate in the democratic life of the Union through a European citizens’ initiative. This procedure gives the citizens the opportunity to directly contact the European Commission, by presenting to the Commission an application whereby it is invited to initiate a proposal for a legislative act of the Union in view of implementing the Treaties, the procedure being similar to the right conferred to the European Parliament under Article 2251 of the Treaty on the functioning of the European Union (TFEU) and on the right conferred to the Council under Article 2412 of the TFEU.
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In this study the author presents the focus points regarding the evolution of maritime laws and the most important aspects in respect of free shipping and trading between states. Therefore, there are examined legal aspects concerning the status of all the motorways of the sea, the natural straits, the ship registration and the ownership of the vessel. The Geneva Convention on the High Seas of 1958, the United Nation Convention on the Law of the Sea of 1982 and the United Nations Conference on Trade and Development are essential and represent the basis for today’s maritime laws and regulations.
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10 December 2016 marks 60 years from the date when the General Assembly of the United Nations Organisation opened for signature (and 50 years from the date when they entered into force) the two international covenants on human rights: International Covenant on civil and political rights and International Covenant on economic, social and cultural rights. These, along with the Universal Declaration of Human Rights and the United Nations Organisation Charter, make up the hard core of the protection of human rights, within the United Nations Organisation (UNO). The 50th anniversary of their entry into force is equally a reason for balance, namely reflection and projection into the future. Thus, in 1966, the design of the two different conventional instruments, corresponding to the two traditional categories of human rights (civil and political rights, on the one hand, and economic, social and cultural rights, on the other hand), was based on their different legal nature, on the East-West ideological divisions, or on the necessity to treat them differently in the process of implementation at state level: the immediate implementation (civil and political rights) v. progressive realization (economic, social and cultural rights). However, the initial situation did not stay within the same parameters, but it gradually evolved. Although initially conceived as „political obligations” in the economic, social and cultural fields and rather left at the discretion of StatesParties, the economic, social and cultural rights have acquired, in time, through the work carried on by the Committee on Economic, Social and Cultural Rights (CESCR), a position that allows them to claim, in the next 15 years, a significant role in the process of implementation of the 2030 Sustainable Development Agenda. In such conditions, in this paper, the author initiates an evaluation of the doctrine of economic, social and cultural rights in the past two and a half decades, as well as of the way in which CESCR has built the „profile” of these rights, in this regard being evaluated two of the work methods used by CESCR, namely: General comments and the new LOIPR procedure – List of Issues Prior to Reporting.
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The European projects of codification of the law of obligations evoke the principle of good faith throughout the evolution of the contract, as evoked in the Civil Code of 2009. Good faith and bad faith in contracts have a role worthy of attention and of great value in our civil law, by the entry into force of the new Civil Code on 1 October 2011. The modern vision extends the duty to act in good faith and to avoid any conduct in bad faith on the creditor as well. For the phase of performance of the contract, the obligation to minimize the own prejudice as a result of a non-performance of obligations is regarded as a function of the good faith. By establishing for the first time in the Romanian private law a genuine obligation as duty of the contractual creditor to no longer show passivity in order to moderate the future prejudice, the new Civil Code fully answers the imperatives of the functioning of a modern justice, encouraging more and more the execution oriented towards the economic finality of the contract, and not just the legality of the contract and its compliance with the commitment assumed.
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The new Romanian Fiscal Procedure Code has established a special legal act, of an absolute novelty, called „temporary taxation decision”. This is a legal administrative fiscal act, integrated into the payment of the additional main fiscal obligations established in the course of the fiscal inspection. However, the law assigns to it a few elements that individualizes it in relation to the common taxation decision, taken over in the new legal regulation without any substantive amendment. In this context, we propose the analysis of this new type of fiscal administrative legal act, with the following objectives: emphasising the reason of this establishment and of its legal nature; configuration of the premises of its issuing and of its legal valences; establishing its connection with the taxation decision issued on completion of the fiscal inspection. We will use as main documentary point of reference both the provisions of Article 133 of the Law No 207/2015 on the Fiscal Procedure Code and the regulations enacted for their uniform application, pointed out throughout our analysis.
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The article analyzes how there are settled in court, according to Chapter V of the Law No 101/2016, the disputes in matters of award of public procurement contracts, of sectoral contracts, of works concession and services concession contracts. The authors emphasise the specific features of the manner of settlement of these disputes, mentioning among them: the material jurisdiction pertains to the section of administrative disputes and fiscal matters of the tribunal, through panels specialized in public procurement, and the territorial jurisdiction pertains to the tribunal in whose district it is located the head office of the contracting authority. The case shall be settled as a matter of emergency and with priority, and filing a request for summons in matters of public procurement shall not have an enforcement suspensive effect. The first hearing shall be set 20 days after the date of registration of the complaint, and the subsequent trial terms can not be longer than 15 days, and the entire duration of the procedure can not exceed 45 days from the date of referral to the court. The judgment may be challenged by recourse, within 10 days from the communication, at the section of administrative disputes and fiscal matters of the court of appeal, which sits in a panel specialized in public procurement. According to the authors, it is justified to establish a special law for the settlement of the disputes in matters of public procurement.
