After the Constitutional Court’s control, by no.392/2021 decision, it was stated that Law no.554/2004, of administrative contentious, the basis of the judicial procedure for the cancellation of Government’s Decisions, doesn’t satisfy the idea of celerity which defines the principle of access to justice in the field of the cancellation of the alert status decision. The study aims...
Security deposit is a special form of securing the landlord’s claim against the tenant. This institute is regulated by Section 2254 of Act No. 89/2012 Coll., The Civil Code. Although the rules on certainty may seem to be sufficient and clear to the first impression, after closer examination it is clear that this is not so and that there are a large number of unanswered questions...
Domestic violence is a set of actions that raise several questions about their legal nature, giving rise to theoretical disputes that have been quite insistent. Domestic violence being one of the most widespread crimes, imposes a certain degree of tolerance towards this anomaly, indicating it as a normal fact that throughout history has always been with cultural development. This...
Under the previous legal regulation, periodic ownership had generated long and, most often, controversial discussions in the juridical literature. As a result, the Civil Code currently in force recognizes the existence of periodic ownership as a case of forced co-ownership, while establishing the basis for its creation, the rights and obligations of coowners, as well as the ways...
Adequate standard of living promises the meaningful existence to human life. The life has essence when there is adequate clothing, food and nutrition, housing and the necessary conditions of care when required. Right to live the life with dignity includes in its ambit right to adequate standard of living. People should have access to basic needs for their living. World bank...
In an effort to fight the epidemiological health crisis precipitated by COVID-19, South Africa has declared a state of national disaster under the Disaster Management Act 52 of 2002 enabling the government to lawfully impose lockdowns and take other necessary measures. This article argues that for South Africa to succeed in overcoming the said crisis as well as the other...
The author researches the field of public law, namely the subject of the the correct placement of budgetary-fiscal tasks in the Republic of Moldova, of the financial contributions that are collected from citizens, of the provision of public services for a fee by public authorities and institutions. In the research, the author used the following research methods: logical method...
The study of the competion legislation in India has as justification the fact that the indian economiy has one of the biggest growth rates in the world, India being the biggest democracy in the world. At the begining, India had its own competition law, called the Monopolies and Restrictive Trade Practices Act 1969 (MRTP Act). After the initiation of the economic liberalization in...
Romania has an installed capacity in electrical power production units of 19,581.543 MW2. Romania has undertaken under European Green Deal to increase significantly its production capacity until 2030. As per the public available data, Romania’s renewable energy contribution to the 2030 EU level target is 30.7% of gross final energy consumption in 2030. The estimated amount of...
Building a ‘rule of law based’-democracy is a challenge for post-communist and post-war societies. Rule of law is a priority for these societies and it is very often prescribed as a membership criteria required by international organizations, such as the European Union. As such an aspiring country, Kosovo is faced with the challenge of building a legal system compatible with that...
According to the renowned theorist I. Craiovan, the knowledge of law cannot be situated in the contemporaneity outside the tendencies manifested in science where there are connections, interferences, transfers of concepts, methods and techniques that receive an important role in approaching the legal phenomenon and, consequently. Theory of Law, as a synthetic legal science...
It is a known fact that the object of study of criminology is the "criminal phenomenon", which is considered both from an individual point of view, in relation to the concepts of "crime" and "criminal", and from a collective point of view, for which the concept of "criminality" is observed. A study of the origin and worldwide development of criminology has thus been carried out...
Health is a Human Right needing a permanent attention, study, and interpretation. As the conceptualization of Health is complex, the universality and legal recognition by the International Law has relevant perspectives and inherent consequences for the human beings, the States - political, economic, social, cultural – requiring a particular understanding and scientific...
The advent of social media-related platforms has directly and/or indirectly affected the employer-employee relationship in the South African workplace. The misuse of social media by employees in the workplace during office working hours has resulted in numerous dismissals of employees for social media-related misconduct in South Africa. While such dismissals of employees for...
Law No. 17/2014 on the regulations regarding the sale and purchase of agricultural land outside buildable areas and for the amendment of Law No. 268/2001 on the privatisation of companies administering the State's publicly and privately owned agricultural land and for the creation of the Agency for the State's Domain ("Law 17"), as amended by way of Law no. 175/2020 for the...
South African land systems were brutally and cruelly administered by the colonial and apartheid rulers pre1994 democratic dispensation. The rulers used the law to forcefully remove black South Africans from their land and they arbitrarily took over except for the non-arable and remote areas earmarked for the majority black. Post-1994, the South African government joined various...
Closely related to the very quality of being European Union citizens, the movement of people and labor migration is significant from Romania to other EU countries. Being a complex process, the labor migration determines a chain of effects, involving both positive aspects (economic, social, cultural or relevant to the labor market) as well as negative, unfortunate and unintended...
In the modern era of digital technology, chatbots are becoming a prominent element in the conversational services. Chatbots are software that can successfully communicate with human beings. Their popularity as a means of communication has been recently engaged not only in the business field, for the relation with clients and consumers, but also for the services provided by...
The term of "punishment individualization" is known since 1898, because of the publication of Raymond Saleilles's work entitled “L’individualisation de la peine”. The definition of the concept of individualization was outlined by the legislator through juridical technique, as: when establishing and applying punishments as tools for adapting the convict to the penitentiary...
Persons who are in work, except rights also have other obligations. Rights arising from employment are rights determined by law, the company's internal acts and collective contract, but at the same time, they are rights guaranteed by the Constitution and international Convention. Judging by these criteria, fair labor relationship are treated as inalienable rights and unlimited...
Romania's energy policy, although it has undergone a constant process of transformation and adaptation, in the sense that it has faced a series of challenges and uncertainties dominated by economic, political, cultural, climatic factors and alignment with international regulations and European, however, is in a position to build new energy production capacities, new refurbishment...
Speaking of university ethics since the first decade of the XXII century, we would be tempted to consider that the principles of academic ethics are relatively recent or that the need for regulation has become stringent in the current context of the information society, in which the detection of plagiarism, for example, is favored by internet technology. In fact, what is recent...
The problem of child marriages is prevalent in Sub-Saharan Africa and the UNICEF has estimated that more than 37 per cent of girls get married before reaching the age of 18 year, while more than11 per cent get married before the reaching the age of 15 years. Zimbabwe has enacted progressive legislation to address the dilemma of child marriages. However the problem of child...
The objective of this study is to present our arguments on the unconstitutionality of para. (1) of the sole article of the Government Emergency Ordinance no. 4/2012 on certain temporary measures to strengthen the regulatory framework necessary for the application of certain provisions of Title VII of the Law no. 247/2005 on the reform in the fields of property and justice, as...
Legal relationships in the field of HoReCa involve specialized contractual partners for this activity. Among them we mention: the owner of the reservation platform, called wholesaler, hotel, client. The specificity of these contractual legal relationships is also determined by their complexity, both in their conclusion and in their development. Through the tourism contract, a...