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THE IMPACT OF BREXIT ON THE RELATIONSHIP BETWEEN ROMANIA AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND ON THE REGIME OF RECOGNITION OF JUDGMENTS IN MATTERS OF MARITAL STATUS AND FAMILY RELATIONS

Author(s): Carolina Niță / Language(s): English / Issue: IX/2021

Keywords: Brexit; judgments on personal status and family relations; recognition regime; transition period; official documents on personal status;

The United Kingdom of Great Britain and Northern Ireland ceased to be a member of the European Union on 20 February 2020. In accordance with the Agreement concluded to regulate its withdrawal, approved by Council Decision (EU) 2020/135 of 30 January 2020, the legislative measures adopted by the European Union in the field of private international law, more specifically, measures aimed at developing the judicial system for cooperation in civil matters in accordance with the current Article 81 of the Treaty on the Functioning of the European Union, they continued being applicable until 31 December 2020 in both the United Kingdom and the Member States for situations relating to the United Kingdom. With the end of this transitional period, the above mentioned legislative measures, as well as European Union legislation in general, have ceased to have effect as such in the United Kingdom. In this context, it is important to illustrate some of the changes that occurred after December 31, 2021 on the relevant regulatory framework for the recognition in Romania of judgments and official acts issued by the United Kingdom on personal status and family relationships.

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HUMAN DIGNITY IN CRIMINAL PROCEEDINGS. RELEVANT DECISIONS IN THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE INTER-AMERICAN COURT OF HUMAN RIGHTS

Author(s): Nicoleta-Ramona Predescu / Language(s): English / Issue: IX/2021

Keywords: human dignity; criminal proceedings; prohibition of torture and of inhuman and degrading treatment; international protection of human rights; ECtHR and ACHR case law;

This article is intended to analyse and identify the relation between human dignity and the violation of some human rights which might occur in the course of criminal proceedings, during the criminal prosecution phase, in the trial phase, as well as in the phase of enforcement of custodial sentences. For this purpose, the article highlights several key decisions of the European Court of Human Rights and the Inter American Court of Human Right that found a violation of human dignity during the criminal proceedings phases and lays down the role which should be played by human dignity in any legal system. A particular importance in this study is attached to the requirements arising from the provisions of Article 2 of the European Convention of Human Rights and Article 4 of the American Convention of Human Rights concerning the right to life and those of Article 3 of the European Convention of Human Rights concerning the prohibition of torture and of inhuman or degrading treatment or punishment, which have been highlighted in the presentation of the case law.

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PROTECTION OF VULNERABLE INDIVIDUALS IN THE LIGHT OF THE AMENDMENTS TO THE CIVIL PROCEDURE LAW

Author(s): Cristian Drăghici / Language(s): English / Issue: XVI/2022

Keywords: protection; vulnerable individuals; civil procedure;

Decision no. 601/16.07.2020 of the Constitutional Court of Romania regarding the exception of unconstitutionality raised regarding the content of art. 164 para. (1) of the Civil Code, which provided the legal regime of the protection of the judicial prohibition, required re-examination of the legal framework of the measure of placing the natural person under judicial prohibition. The considerations of the Decision are reflected in the amendments brought by the legislator to the Civil Code, the Civil Procedure Code, the Law of Notaries, Law no. 119/1996 regarding civil status documents, the Labor Code, Law no. 272/2004 regarding the protection and promotion of children's rights, the Adoption Law, O.U.G. no. 97/2005 regarding the records, domicile, residence and identity documents of Romanian citizens, the Law on the Protection of Persons with Disabilities, the Criminal Code, the Ordinance on Stamp Taxes, but also the Law on Electronic Signatures, all being completed with references to those placed under legal advice or special guardianship. Through the measures contained in Law no. 140/2022 regarding some protection measures for people with intellectual and psychosocial disabilities and the modification and completion of some normative acts, it is established, mainly, the reconfiguration and renaming of the current institution of placing under judicial prohibition, but also the creation of a new protection mechanism, respectively the legal advice.

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BRIEF CONSIDERATIONS REGARDING THE CRIMINALIZATION OF ILLEGAL ACCESS TO A COMPUTER SYSTEM

Author(s): Alexandru Boroi,Georgian Toma / Language(s): English / Issue: XVI/2022

Keywords: illegal access; computer system; incrimination;

Illegal access to a computer system is not exactly a novelty for modern society if we take into account the evolution of technology, which has gained considerable momentum in recent years. Thus, against the background of the existence of an increased interest on the part of individuals to be aware of the most modern applications, respectively, in order to own as many smart objects as possible, the state bodies are more and more frequently notified of crimes involving the violation of the right to privacy through their use. The criminal legislation in force includes a series of explicit provisions that ensure increased protection for natural and legal persons against unauthorized access to their computer systems. Thus, in Article 360 of the Penal Code we find the criminal offense of illegal access to an IT system, which is included in the chapter on crimes against the security and integrity of computer systems and data. Considering the provisions governing this matter, the offense provided for in Article 360 of the Penal Code, appears as "unauthorized access", meaning in principle, accessing a computer without the owner's consent and retrieving, storing, using the data found in it. The methods used by those who commit such crimes put the incriminating provisions to a serious test, the authorities are faced with the most diverse cases to which there must be a firm and quick response to ensure the prevention of such acts in the future.

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EQUALITY OF ARMS IN CRIMINAL PROCEEDINGS

Author(s): Carmen Silvia Paraschiv / Language(s): English / Issue: XVI/2022

Keywords: legality of weapons; criminal process; equality of weapons; fair trial; parties; equal rights in defense; Convention; art. 6; ECHR;

The right to a fair trial is enshrined in extensive legal regulations - national and international.Hello, the provisions of art. 8 of the CPC provides that "judicial bodies have the obligation to carry out the criminal investigation and the trial respecting the procedural guarantees and the rights of the parties and the procedural subjects, so that the facts that constitute crimes are ascertained in time and completely, no innocent person is be held criminally liable, and any person who has committed a crime be punished according to the law, within a reasonable time.We note the desire of the legislator to include in the content of a single article both the content of fairness and the expression of the purpose of the criminal process.

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THE RESTRUCTURING PROCEDURE OF PREVENTIVE ARRANGEMENTS WITH CREDITORS, THROUGH THE PRISM OF LAW NO. 85/2014, AMENDED AND COMPLETED BY LAW NO. 216/2022. NEGOTIATION AND VOTING OF THE RESTRUCTURING PLAN

Author(s): Carmen Pălăcean / Language(s): English / Issue: XVI/2022

Keywords: Directive (EU) 2019/1023; financial difficulty; preventive arrangements with creditors; receivership administrator; agreement creditors; agreement creditors; restructuring plan;

The differences between the legal provisions and the national procedures regarding preventive restructuring, insolvency and debt discharge conditions, as well as the constant efforts undertaken at the level of the European Union, over a period of several years, led to the adoption in 2019 of the first regulation that addresses the harmonization of legislation in this matter, namely Directive (EU) 2019/1023[1].Directive (EU) on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 aims to offer "bankrupt" entrepreneurs a second chance, and to make it easier for viable companies in financial difficulty to access restructuring measures, at an early stage, to prevent insolvency.The directive had as its first transposition deadline July 17, 2021, but the member states had the possibility, provided by the directive, to extend this deadline, by at most one year, a possibility also used by Romania, by notifying the European Commission in this sense. For the provisions relating to the use of electronic means of communication in insolvency prevention and insolvency procedures, which require developments in the IT system, including for judicial procedures, a longer transposition period was provided, as follows: for the declaration of debts, the submission of restructuring or repayment plans and communications to creditors, until July 17, 2024, and for the filing of appeals and the formulation of appeals, until July 17, 2026.Regarding preventive restructuring procedures, Directive (EU) 2019/1023 does not impose a single procedure on the member states, so Romania has chosen to regulate two preventive restructuring procedures, namely the restructuring agreement procedure, and the preventive arrangements with creditors procedure.

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SIGNIFICANT CHANGES TO THE EMPLOYMENT LEGAL RELATIONSHIP BY THE LEGISLATION

Author(s): Ion Păducel / Language(s): English / Issue: XVI/2022

Keywords: Republished labor code; individual employment contract; job description; employer internal Regulation; additional document; obligation to inform;

The present paper analyzes some important changes brought to the labor legislation by Government Emergency Ordinance no. 37/2021 and by Law no. 283/2022 amending and supplementing Law no.53/2003 – Labor Code and Government Emergency Ordinance no. 57/2019 on the Administrative Code. It was justified to introduce the job description and the internal Regulation employers of micro-enterprises, showing that their lack leads to the difficulty in the event of an individual labor conflict arising, resulting from the non-execution of the individual employment contract. Details have been made in connection with the Law no. 283/2022 amending and supplementing the Labor Code, especially regarding the clauses of the individual employment contract, the possibility in different jobs, the professional condition offered by the employer, etc.

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THE LEGAL BASES OF THE PROCESSING OF THE EMPLOYEE'S VIDEO IMAGE

Author(s): Carmen Todică / Language(s): English / Issue: XVI/2022

Keywords: processing; video image; legal basis; consent; data subject;

Any of the legal base provided for in Article 6 paragraph (1) of the Regulation may constitute a legal basis for the processing of the video image of a person. However, in practice, the most common legal grounds on which an operator bases its processing is the legitimate interest (Article 6 (1) (f) of the Regulation) and the need to perform a task which serves a public interest or which results from the exercise of public authority (Article 6 (1) (e)).The study aims at a for a yinto the legal grounds of the processing of personal data in order to answer a question whether the controller could use as a legal basis the consent of the data subject (art. 6 paragraph (1) letter (a)).

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INCIDENCE OF THE "NON REFORMATIO IN PEJUS" PRINCIPLE IN THE JUDICIAL PHASE OF THE PAROLE PROCEDURE

Author(s): Ioana Mălăescu / Language(s): English / Issue: XVI/2022

Keywords: Parole; non reformatio in pejus; deadline for re-discussion; deadline for application renewal;

The parole procedure, as a means of individualizing the execution of the sentence, involves two stages, an administrative one and a judicial one. When the Prison Parole Commission considers that parole is not required, it shall set out in the minutes a time limit for the re-examination of the convict's situation. The convicted person has the possibility to address to the court, within three days from the communication of the minutes, with a request for parole. If, on the other hand, the court considers that the conditions for ordering parole are not met, a time limit has to be set after which the proposal or application can be renewed, thus raising the issue of the principle of non-aggravation if the term is longer than the one set by the Commission.

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COMPARATIVE ASPECTS REGARDING THE CRIME OF ROBBERY

Author(s): Romulus Morega,Andreea Teodora Al-Floarei,Simona Dumitriu / Language(s): English / Issue: XVI/2022

Keywords: crime; robbery; violence; law; property; victim;

The crime of robbery is a complex crime, and from a criminological point of view, it is a crime of violence. The crime of robbery is part of the crimes criminalized and sanctioned as crimes against patrimony. The right to property is a fundamental right of old tradition in the catalog of rights and freedoms of citizens. The right to property is guaranteed to every citizen. In the content of this right we include the right of the natural person to acquire a property, to use and freely dispose of his property and to be able to transfer his right to another. A serious crime with a pronounced antisocial character and a high degree of danger, robbery consists of those socially dangerous acts that directly affect the relationships that ensure the existence of private or public patrimony. The crime of robbery is a complex one, because robbery targets two basic legal objects: the right to property and the health of the person.

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MISAPPROPRIATION OF CORPORATE PROPERTY AND CREDIT

Author(s): Bogdan Vîrjan / Language(s): English / Issue: XVI/2022

Keywords: misappropriation; corporate entity; corporate credit; interests; property;

The Romanian Companies’ Law (i.e. Law no. 31/1990)regulates the social relations arising from, functioning and developing in connection with the organization and operation of entities having legal personality or corporate entities. A corporate entity is a legal entity constituted by one or several persons that associate themselves on the basis of some articles of association. The members contribute with assets to be used in the carrying out of lucrative activities, in order to obtain benefits and to distribute them between themselves. Having regard to the importance of the social values that the aforementioned legal act regulates, it also comprises legal norms that criminalize certain acts that pose a very high social danger to the good organization and performance of corporate entities. What we attempt in the present paper is to look at one of the acts criminalized by the said law. More specifically, we will be referring to the offence stipulated in the law’s Article 272 para (1) (b), dealing with the misappropriation of corporate property and credit. Our analysis focuses on particular aspects arising from the analysis of the aforementioned offence and its relationship with other offences stipulated in the Criminal Code of Romania and in other special laws.

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POSSIBLERECONFIGURATIONS OF SOME LEGAL CONCEPTSRELATED TO THE LEGAL ORDER AND THE RULE OF LAW IN ROMANIA DURING THE PERIOD GENERATEDBY THE COVID-19 PANDEMIC

Author(s): Valentin Stelian Bădescu / Language(s): English / Issue: XVI/2022

Keywords: rule of law; legal order; public order; pandemic; humanrights; excess of power;

Following the effects that the epidemiological context had on the rule of law and on fundamental rights and freedoms, we can conclude that we are witnessing transformations and reinventions of law, with classic concepts being replaced by updated formulas adapted to the vicissitudes. Also, the conceptual framework regarding the interaction between the concepts of law and the effects of pandemics has metamorphosed the legal order like a bullfight in Spain. Have you ever seen a bullfight? It's that weird brian pas time where a man kills a bull in the arena and everyone claps. I've never understood why killing an animal is fun, and I don't want to. What caught my attention is the tactic applied by the bullfighter: hehides the sword behind that red cloth and the bull, unable to understand the movement, rushes directly into the weapon aimed at him. I told you this so that you would better understand the current social phenomenon - the greatest. What is happening in the world right now is like a bullfight! The bullfighters are the lords of the planet and we common people are the bulls. You don't like the comparison, do you? Get used to it, because that's exactly what happens! The demantoid propaganda in the mass media is the red cloth that hides the weapon. Most people blindly rush to believe the hysterical screams of the authorities and the media, while behind them are hidden the true intentions of those who rule the destinies of the world from the shadows.

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OFFENSES RELATING TO TAX EVASION. NEW CRIMES

Author(s): Adrian-Milutin Truichici,Luiza Neagu / Language(s): English / Issue: XVI/2022

Keywords: tax evasion; crimes; offenses;

The payment of taxes or contributions provided by law is a duty of the citizen, which, according to art. 56 of the Basic Law, is obliged to contribute, through taxes and charges, to public expenses. Through special laws, the obligation of the citizen to contribute to the social insurance budgets, by paying social and health insurance contributions, is also established. Although the debtors of fiscal obligations accumulate the status of beneficiaries of the amounts allocated by the public authorities, many of them are tempted to reduce the tax base fraudulently, they are forced to find ways to evade legal obligations, for the reason that, the legislator must identify and establish the necessary levers for the collection of taxes, contributions and fees.

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THE RIGHT TO A FAIR TRIAL AND ITS GUARANTIES IN THE STATE OF LAW

Author(s): Nadia Elena Dodescu / Language(s): English / Issue: XVI/2022

Keywords: state; law; justice; independence; impartiality; trial; convention; guarantee;

The European Convention of Human Rights was the first instrument of international law which organized the defense of humans, ensuring their rights and freedoms, even before their own state. This Convention is the first instrument of a paramount importance and, meanwhile, the first international treaty to bring a collective guarantee for respecting the human rights, on the side of the European Union’s member states. Once the European Convention of Human Rights was adopted, both a legal regime and a protection system of legal action were created. Thus, The European Convention of Human Rights is an original institutional mechanism of protection that, besides defining the human rights and its fundamental freedoms, obliges the member states to also ensure them. Therefore, the right to a fair trial represents a guarantee of respecting the human rights.

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Is there an Impact of Company Size and Industry on Corporate Culture? An Empirical Study from the Slovak Republic

Author(s): Jakub Michulek,Anna Križanová / Language(s): English / Issue: 1/2023

Keywords: corporate culture; company size; industry according to SK NACE; correspondence analysis;

Nowadays, corporate culture has become a strategic priority for companies. It is an important part of companies, as it indicates the overall trend in the behaviour of employees' work relations and processes. At the same time, corporate culture helps employees understand the company, identify with the company's goals, and become part of the company. Some authors consider corporate culture to be the main characteristic that distinguishes successful companies. If a company exhibits a high level of culture, its organizational performance also increases. Therefore, we consider corporate culture to be an integral part of every company. Data for the research was obtained through an online questionnaire. Subsequently, we used the statistical program IBM SPSS 25. To determine the existence of a relationship between company size and corporate culture and between industry and corporate culture, we used Pearson's χ2 test for contingency tables, as the variables are qualitative. Subsequently, we evaluated the strength of the relationship based on Cramer's V. Subsequently, correspondence analysis was used to display the use of corporate culture for industries according to SK NACE and company size. Using Pearson's χ2 test, we found that there is a weak relationship between firm size and corporate culture, and a moderate relationship between industry and corporate culture. On the basis of correspondence analysis, we found, for example, that micro-enterprises use a culture of power, medium-sized enterprises use a culture of roles, and the electricity and gas supply industry uses a culture of performance. The added value of the article is the topicality of the research and the fact that the results relate to the Slovak Republic and can serve as a basis for further research. As a limitation of our research, we can consider that not all branches of the Slovak economy were represented according to SK NACE.

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Applying Game-Based Approaches in Personnel Selection: a Systematic Literature Review

Author(s): Hamza Aouam,Bouchra Belmouffeq,Aziza Mahil / Language(s): English / Issue: 1/2023

Keywords: game-based approaches (GBA); gamification; selection; recruitment; candidates; systematic review;

Gamification has expanded dramatically in the field of human resource management in recent years. Research that has examined the influence of gamification on changes in candidates' perceptions of personnel selection is still expanding, as the majority of academic work in gamification is related to the field of education. This paper aims to investigate how job seekers perceive selection assessment tools based on gamification through a systematic review. The systematic review contains articles published between 2010 and 2022 and indexed in five databases. In the first stage, 5260 articles are included in our search. We chose as exclusion criteria articles published before 2010, references other than journal articles, reviews, and conference articles. Furthermore, we excluded articles published in languages other than English and French, off-topic articles. After assessing all the references, we selected 21 articles following PRISMA statement. The results highlighted 21 scientific articles covering the following themes: candidates' reactions to gamification tools and serious games, candidates' reactions to gamified selection tests, advantages and limits of gamification, and the performance level of candidates regarding the use of gamification. Limitations and implications for future research were discussed.

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The Effect of Training and Development Methods on Employee Satisfaction and Performance in Commercial Banks

Author(s): Serena Aktar / Language(s): English / Issue: 1/2023

Keywords: training and development methods; job satisfaction; job performance; commercial bank;

Training and development efforts are instructional activities within an organization that aim to improve performance. These programs often involve increasing knowledge and skills, abilities that could be reasons for increasing job satisfaction and job performance. A training method is a strategy or technique for developing the knowledge, skills, and abilities of employees so that they can do their given tasks flawlessly. The organization must evaluate the nature of the job, the size of the organization and its employees, the types of employees, and the cost of adopting a training approach. Various organizations have identified and used many training methods based on training materials, time, costs, and types of tasks. The present study selected seven popular methods of training and development used frequently by the Commercial Bank of Bangladesh. For this study, it has been hypothesized that training and development methods positively impact employees’ satisfaction and performance from the perspective of commercial banks in Bangladesh. The current study is empirical in nature, implying the collection of both primary and secondary data. A structured questionnaire was used to collect primary data from employees of twelve commercial banks. The 250 questionnaires were distributed to the employees and collected. After sorting out the primary data, 200 questionnaires were used for analysis. The present study revealed that the informal learning method of training and development has a significant positive impact on employees’ satisfaction and performance in commercial banks in Bangladesh. The other two methods of training and development, i.e. job rotation and seminars, have a significant positive impact on creating employee satisfaction in the commercial banks of Bangladesh.

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A Bibliometric Analysis of Publications on Customer Service Chatbots

Author(s): Dragoș Florentin Mariciuc / Language(s): English / Issue: 1/2023

Keywords: chatbot; bibliometrics analysis; Scopus; VOSviewer; customer service; conversational agents;

This study aims to understand the use of chatbots in Customer Service and their potential benefits for companies. The research includes a literature review combined with a bibliometric analysis using the Scopus database as raw data for the usage of the VOSviewer application. The article identifies the important topics on which scholars have focused, in order to serve as a reference for the future research and discussions of chatbots. The first goal was to understand what bots are, how they can be classified and how they work. The second objective was to analyse the specific case of chatbots, know their characteristics in-depth, their operation and some platforms for their creation function without programming. The last objective was based on identifying the development opportunities for bots in the company and the benefits they bring. The results indicated that the main advantages associated with bots in the field of business management are related to the areas of marketing, e-commerce and human resources. The research found that chatbots can offer 24-hour customer service and improve customer satisfaction through natural and efficient interactions. The study also suggests that there are opportunities for chatbots in digital marketing strategies, such as providing personalized recommendations and automating customer service tasks.

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The Impact of Financial Liberalization on the Effectiveness of Monetary Policy in Algeria

Author(s): Rabia Benarbia,Kada Aiboud / Language(s): English / Issue: 1/2023

Keywords: financial liberalization; monetary policy channels; economic growth; ARDL model;

The objective of this study is to measure the impact of financial liberalization on the effectiveness of monetary policy in Algeria during the period 1970-2021 using the Autoregressive Distributed Gaps (ARDL) model and analyzing the implications of the financial liberalization policy on the monetary delivery channels as well. In the context of the liberalization of the financial sector, both channels of the exchange rate and financial assets play an effective role in transferring the impact of monetary policy to the real sector compared to the channels of interest rate and bank lending, with central banks relying on the use of indirect tools that depend on market forces to manage their monetary policy. The results of the study also concluded that the policy of financial liberalization represented in loans granted to the private sector as a percentage of GDP positively affects the effectiveness of monetary policy and enhances its ability as a tool to direct the economy towards achieving the goal of economic growth.

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The Impact of Disturbances on the US Stock Market’s Spread and Investor Sentiment Through the Perspective of Risk Management

Author(s): Maria-Cristina Zwak-Cantoriu,Lucian Claudiu Anghel,Simona Ermiş / Language(s): English / Issue: 1/2023

Keywords: Bid-Ask spread; stock market; efficient markets; spread size; rolling window; covariance; liquidity;

The paper aims to address a topic of interest, namely: the influence and effect of the major disruptions from recent years on one of the largest important stock markets. The purpose of the paper is to show the influence of these disruptions on the US stock market, considering market efficiency and measuring the estimated Bid-Ask spread. Using daily and weekly data sets over a period of 13 years, based on the closing stock prices of 10 companies listed in the category of the NASDAQ and NYSE stock indexes and calculating the return at (t) and (t+1) for each stock, the covariance of the two returns at (t) and (t+1) and using at t and (t+1) a "rolling window" of 21 days, which represents the trading days, as well as using the weekly data series in the same way, we obtained the relationship between the spread measurement and its size, a strong negative cross-sectional relationship, for which we performed a series of statistical tests summarized in the paper. Later, we split the data for each year separately so that we’d be able to use for each year a cross-sectional regression of the spread over the logarithmic values of the size and we noticed that there is a strong negative relationship between the two of them. According to the results obtained, it can be observed that the strongest negative correlations are in 2019 and 2021 in the case of data with daily frequency and 2020, and 2021 in the case of data with weekly frequency, for an informationally efficient market, where transaction costs are zero and in which the market price contains all the relevant information. The strongly negative correlations recorded can be explained by the fact that strong negative influences took place during these periods, which contributed to the disruption of the stock market and not only. At the same time, these negative correlations on the stock market analyzed in the last period also show a wider spread increase which theoretically shows low liquidity.

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