-
Formal validity of an arbitration agreement is closely linked to the consent of the parties to arbitration. The requirement of arbitration agreement in written form is intended to ensure that the parties actually agreed on resolving the dispute through arbitration. Therefore, matters related to the performance of formal requirements of arbitration agreement and the necessary approval for arbitration, expressed under the arbitration agreement, are often interrelated and jointly approached. In accordance with the Convention of New-York (1958), the arbitration agreement enforcement, and of any other decision, requires an arbitration agreement concluded in writing. The formal requirements do not necessarily promote legal certainty, frequently being sources of circumstantial disputes. For these reasons, the requirement of arbitration agreement in written form, in most national laws and under the Convention in New York, was more liberally construed. In any case, the requirements of the arbitration agreement to be concluded in written form should be construed more dynamically, in the light of modern means of communication. -
Meeting the practical needs and views expressed in recent doctrine of constitutional law, amendments to the Code of criminal procedure under Law no. 177/2010 stand for an important step in streamlining the justice process in Romania and its harmonization with EU standards. In this article, the authors review amendments to the Code of Criminal Procedure under Law no. 177/2010, in terms of effects arising from repeal of paragraph 6 of Art. 303 C. Cr. Pr., wording stipulating mandatory suspension of trial proceedings in the case of referral to the Constitutional Court to settle the constitutional challenge. Simultaneously, in this article there are also set forth and considered issues of novelty arising from the introduction within the two procedure codes of a new review case, aiming at restoring legality, just for the cases where the final decision in a case was grounded upon a statutory provision subsequently deemed unconstitutional.
-
This article aims to bring forward the essential regulations covered by Law no. 52/2011 on the exercise of occasional activities carried out by day-laborers. In this respect, we shall focus on the legal nature of the agreement concluded between the day-laborer and the beneficiary – i.e. civil service agreement - on its distinctive features, but also on the rights and obligations of the parties.
-
It has become recently effective Law no. 40/2011 amending and supplementing Law no. 53/2003 (the current Romanian Labour Code), wideranging regulation bringing the Labor Code of 2003 more than 100 amendments, supplements and repeals forward. Within the two studies’ pack - published independently, though under the same title - the two authors review but 16 of these amendments/supplements/ repeals which require, necessarily, a legal review in order to clarify the meaning and effect of the incidence of some purports, so as to avoid controversy and debate in case law and doctrine, likely to cause difficulties and confusion in the practical implementation of relevant purports. Finally, the authors advance a more general conclusion in terms of Law no. 40/2011.
