The paper address the functioning of the rule of law, starting from the separation of powers, but also it offers a brief perspective over several theories that were developed as this principle evolved from one period of time to another. Closely linked to the principle stating the rule of law there is another one, proclaiming the imperative of an independent judicial authority and...
We have learned to shape solutions through the jurisprudence of the European Court of Human Rights or the European Court of Justice in Luxembourg on what, until not long ago, we were treating an eternal lamentation as a real problem but without a concrete solution have set or reached important standards in the segment of violence against minors and women but have also provided an...
The civil servants of the European Union represent the people who have been appointed to work in the permanent department of an institution of the European Union, according to a written document issued by an authority invested by the respective institution with such powers. Their juridic regime understood as the sum of all the rights and obligations they have in what concerns...
The article aims to briefly review some of the key theoretical aspects of precarious work in Romania, starting from the analysis of the factual situation existing at the moment. We will also analyze official statistical information, in relation to European legislation, highlighting the usefulness and weaknesses in the phenomenon of precarious work and its dynamics over time. Last...
The inspiration to write the article was the judgment of the Polish Constitutional Tribunal of 2018 confirming the possibility of applying Actio Pauliana to tax obligations. This issue is focused on typical problems for the application of private law in the public sector. It is, among other things, the sense of division into public and private law. Actio Pauliana is included in...
Administrative acts’ related problems are widely analyzed in the specialty doctrine, in the context where this one represents the essential form of materializing the entire activity of the public administration. The administrative acts represent the unilateral manifestation of will through which the administrative authorities define their practical character, expressing in order...
For many decades, mutual insurance companies have been very present in developed countries, in various areas of activity, often interfering with public administration or with various public institutions. For example, mutual insurance companies can manage mandatory health insurance schemes or provide supplementary insurance for sickness and old age or alternatives to national...
Being an organized crime activity, money laundering has become a major issue in recent decades. From the point of view of the general consideration of the notion of "money laundering", the context of this crime as a whole is to legalize an illegal income. Money laundering is and will remain a complex and dynamic phenomenon of great diversity, both in the public and private...
The present paper proposes an analysis of the phenomenon of corruption within the public administration, viewed from the perspective of the anti-corruption fight as it can be perceived from the activity of the criminal investigation bodies and the jurisprudence of the courts. In Romania's attempt to meet European anti-corruption standards, standards established under the...
This study seeks to analyze special measures for the protection of the child in difficulty (placement and placement in an emergency) in the form of a nursing assistant. The institution of maternity care has grown in recent years, surpassing by far the other alternative protection measures. The critical analysis of the legislation, the theoretical and practical characterization of...
Statutory and extra-statutory conventions are contracts, plurilateral (thus, typically, voting unions), or corresponding services (typically blockades): a common feature is that they remain foreign both to society and to associations and third parties who are not part of it. The rules laid down in the Italian Civil Code to Articles 2341-bis and 2341-ter only deal with conventions...
Gender discrimination in labor legal relationships implies unlawful acts by employers against the principle of equal treatment, which have forms of inequalities as their direct, or indirect object, and the employees’ prejudicies as their effect. As a result, employees who find themselves in comparable legal situations in employment relationships will be subject to mechanisms that...
The right to withdraw is a measure of protecting the associate/ shareholder of the societies, regulated by Law no. 31/1990, which ceases to exist as a result of the fusion. The present article analyses the exertion of the right to withdraw from the Romanian Law, but also in comparative law. Regarding the Romanian regulation of the matter, it presents in parallel the case of...
Command acts of military nature are traditionally regulated in Romanian law as absolute exceptions to the legality control of administrative litigation courts. The notion is mentioned in the Constitution of 1923, and it was later seen in the laws on administrative litigation in 1925 and in 1990. Currently, the Romanian Constitution of 1991, as revised in 2003, stipulates the...
Public-private partnership is one of the forms of cooperation between public entities and non-public sector entities, undertaken on the basis of an agreement for the performance of public tasks. Such a cooperation is covered by a strictly defined legal framework, which guarantees on the one hand the achievement of public law objectives and makes a guarantee of the protection of...
This scientific article aims at the interdisciplinary research of the concept of propaganda through the perspective of sociological, political and legal sciences, as well as the substantiation of a relevant study in the field of criminal liability for criminal acts that are committed in the form of propaganda. Therefore, as the objectives proposed for this study will serve the...
The study analyzes the general legal regime of pension rights, in the view of the Constitution and the current legislation, referring to the recent decision of the Constitutional Court no. 387/2018, which allowed an exception of unconstitutionality and it was found that the provisions of art. 53 par. (1) letter c) of the Labor Code are constitutional insofar as the phrase...
The present study aims to analyse the selective administrative aspects regarding the granting of the right of a person aggrieved by a public authority in Romania. The right of a person – natural person or juridical entity – aggrieved by a public authority in Romania is regulated by the Article 52 of the Constitution of Romania. Therefore, this fundamental right which guarantees...
In this paper we have considered the offense of favoring the perpetrator in terms of constitutive content, the cause of non-punishment, some legislative precedents and the transitional situation in which we are with the entry into force of the Criminal Code. Also, on the occasion of the examination, we have formulated some critical comments, supplemented by appropriate de lege...
The present study started from our wish to present to the large audience the economic, social and cultural rights enshrined in an international legal instrument, adopted by the Council of Europe, instrument that is not very under scrutiny by the specialists. The revised European Social Charter completes the Convention for the Protection of Human Rights and Fundamental Freedoms...
The new climatic, industrial, economic and social realities, as well as their evolving perspectives, have led in the last decades to a particularly careful approach to renewable energy sources. Thus, clear objectives for ensuring public regulations and policies favoring the development and use of energy from renewable sources have been set out. Romania has rallied to the European...
The entry into force on 25 May 2018 of Regulation (EU) 2016/6792 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the so-called RGPD Regulation, is an important moment in protecting the citizens of the European Union from the point of view of the use of personal...
International commercial arbitration system is enshrined in both national legislation and international conventions. The power of the arbitrators to resolve the dispute is conferred by the parties, who agree that their litigation be brought to the attention of private individuals. To that end, the parties to the dispute designate the arbitrators and undertake to accept the...
Part-time working is a method of ensuring the reconciliation between professional life and family life, the possibility of undergoing education and training, of improving the qualification and of opening new professional opportunities to the mutual advantage of employers and employees in a manner that supports the development of enterprises. Employees’ rights based upon a part...
The study is a result of the research-scientific work and observation of the modernization of public administration in the Republic of Kosovo, as a goal and purpose of the government in the function of public administration reforms to make it more efficient, more economical and more accountable according to EU standards. Public administration is one of the main segments through...