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In this article the author expresses his opinion according to which the provisions of Article 10 of Law No 187/2012 and of Article 39 (1) b) and c) of the Criminal Code are contrary to the Constitution of Romania, republished, as well as to the European standard in the matter, namely the case-law of the European Court of Human Rights. -
The Collective labour contract unique at national level for 2007–2010 was undoubtedly a point of reference in the matter of collective negotiation from Romania, because its contractual clauses established the qualitative accumulations gathered during the conclusion of the collective labour contracts unique at national level, starting with the first contracts concluded after the entry into force of Law No 13/1991 in 1991. Having in view that, under the influence of the Law No 62/2011 (of the social dialogue), the conclusion of the Collective labour contract unique at national level is not permitted, the useful clauses of the mentioned collective labour contract can no longer be applied. In this study it is proposed the emphasis of the essential clauses of the Collective labour contract unique at national level for 2007–2010 and the formulation of a de lege ferenda proposal for their inclusion in the labour legislation.
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The author raises for discussion a series of legal issues related to the proper interpretation and application of two cases of cessation of the individual labour contract, regulated by the Labour Code, namely: – the cessation de jure of the individual labour contract pursuant to Article 56 (1) c) of the Code (cessation de jure on the date of the cumulative fulfilment of the standard age conditions and of the minimum contribution period for the compulsory pension); – the dismissal determined by the dissolution of the position held by the employee (Article 65 of the Labour Code).
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In this study it is examined the legality of the control by the Court of Audit in the matter of public procurement provided that the legislator has conferred the jurisdiction of verifying the procedure for the award of these contracts to other specialized public authorities, and has conferred to the Court of Audit powers of general control on the manner of formation, management and use of the public financial resources. Taking advantage of these control powers with a wide range of coverage, the Court of Audit has extended, unlawfully, through its own regulations, this control over a specialized field, respectively that of the procedure for the award of public procurement contracts, overlapping the control exercised by other administrative authorities and affecting the stability of the legal relations arising from these contracts. That is why it is proposed the legislator’s intervention for the express regulation of the control powers of the Court of Audit in the matter of public procurement, the conditions and limits of this control, in order to avoid the parallelism and the conflict of jurisdiction between this public authority and the other specialized administrative authorities in the field.
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Recently (re)invented (2005) by the Italian and North American law schools, quickly developed and initially submitted as a „science a little bizarre” (J.-B. Auby, 2007), the global administrative law is one of the legal results of the phenomenon of globalization. Introducing an increasing porosity of the borders, and also a considerable development of the functions of the non-state actors, increasingly diverse and numerous, globalization creates new phenomena of adjustment, involved in the development of transparency and that contribute to the accountability of each intervener on the supranational stage. This is the background of the emergence of a global administrative law, based on a new and systematic analysis of the supra- and trans- national phenomena, mostly heteroclite in appearance. In only a decade, around these precepts, an authentic school of thought has been crystallized, developed especially in common law doctrine, less exploited in French doctrine, and its presence finding its beginning in the Romanian doctrine by this study.
