Building an Adapted Business Law
Building an Adapted Business Law
Contributions to the 11th International Conference „Perspectives of Business Law in the Third Millennium”, November 19, 2021, Bucharest
Contributor(s): Sónia de Carvalho (Editor), Anton Petričević (Editor)
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, International Law, Law and Transitional Justice, Law on Economics, EU-Legislation, Commercial Law, Comparative Law, Administrative Law, Labour and Social Security Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: business law; public law; private law; international law; comparative law;
Summary/Abstract: This volume contains the scientific papers presented at the Eleventh International Conference „Perspectives of Business Law in the Third Millennium” that was held on 19 November 2021 in online format on Zoom. The conference is organized each year by the Faculty of Law of the Bucharest University of Economic Studies together with the Society of Juridical and Administrative Sciences. The scientific studies included in this volume are grouped into five chapters: Stop or go back to business as unusual — legal issues impacting businesses during this time; Changes in the legal landscape, regulatory challenges and more; In-depth look at business law topics; European overview of the legal and business considerations. The present volume is addressed to practitioners, researchers, students and PhD candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at international and national level. This book is edited with the support of the Romanian Ministry of Education and Research.
- E-ISBN-13: 978-606-95351-2-7
- Page Count: 335
- Publication Year: 2022
- Language: English
How can be affected international investment by the reaction of states during crises?
How can be affected international investment by the reaction of states during crises?
(How can be affected international investment by the reaction of states during crises?)
- Author(s):Cristina Elena Popa Tache
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law, Law on Economics
- Page Range:11-27
- No. of Pages:17
- Keywords:crisis; international investment; necessity; state measures; standards of protection;
- Summary/Abstract:The current crisis has once again put the actors of the economic environment face to face. In these conditions, prudence of decisions and cooperation occupy the most important places. Both investors and states must reach a broader knowledge of the inter- national legal rules, as well as the historical trajectory of the relevant jurisprudence. In this way, effective sets of regulations specific to all situations in which vulnerabilities can generate disputes can be drawn up. Given the sanctity of international obligations, it is easy to understand that non-compliance with the provisions of an investment treaty is extremely serious. For this study, the comparative method and the overall analysis of the existing and/or non-existent regulations for the functioning of the investment system were used, observing the relevant jurisprudence.
Organizational and legal forms of intermunicipal cooperation to ensure human rights in the framework of COVID-19 pandemic: Ukraine and European experience
Organizational and legal forms of intermunicipal cooperation to ensure human rights in the framework of COVID-19 pandemic: Ukraine and European experience
(Organizational and legal forms of intermunicipal cooperation to ensure human rights in the framework of COVID-19 pandemic: Ukraine and European experience)
- Author(s):Elvira Titko, Zhanna Hrushko
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation, Comparative Law, Administrative Law
- Page Range:28-42
- No. of Pages:15
- Keywords:intermunicipal cooperation; IMC; cross-border cooperation; Council of Europe; human rights; COVID - 19;
- Summary/Abstract:The article reveals the international legal regulation and features of inter-municipal cooperation. The author reviews the regulation of IMC in the law of the Council of Europe, and the author focuses on the decisions of the ECtHR. It focuses on the fact that IMC in Europe is a strategy to guarantee the ability to achieve the proper level of development of the territorial community and to ensure the ability to provide quality services to meet the modern challenges of society. In addition, the article reveals different aspects of the benefits of IMC under the quarantine restrictions caused by the spread of COVID-19. And the application and usefulness of IMC in the fields of transport and medicine. The article aims to analyze the European experience of IMC, its role under COVID-19, as well as to identify individual areas that can be applied when implementing the European experience in Ukrainian practice of IMC to ensure human rights and protection against coronavirus infection in conditions of quarantine restrictions. The authors used the following methods in the article: method of analysis and synthesis to study the current situation with IMC; historical-logical method to analyze the formation of legal regulation in European countries and the Council of Europe; legal method to analyze the legal regulation; systematic method to determine the necessity of IMC in Ukraine, as well as under conditions of quarantine restrictions. The authors concluded that, in general, the role of IMC can hardly be overestimated, especially in the context of the global need for security and human rights.
The impact of human rights on business
The impact of human rights on business
(The impact of human rights on business)
- Author(s):Carmen Moldovan
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Law on Economics
- Page Range:43-59
- No. of Pages:17
- Keywords:global perspective; soft law; responsibility to respect; human rights;
- Summary/Abstract:The aim of this paper is to explore the link between the development of human rights regulations in International Law and business, as well as the inverse relationship of the influence of business activities on fundamental rights. In this regard, the evolution of this two-way relationship will be examined through the lenses of the United Nations Guiding Principles on Business and Human Rights, as well as the connections between the standards set out in this act and other international instruments on human rights The aim of the paper is to prove and highlight the need to address the issues of respect of fundamental rights from a global perspective and the multi stakeholders approach by taking into account all actors involved - states, companies, individuals. The concept of responsibility to protect fundamental rights will also be addressed as being relevant for changing the paradigm of their protection by transferring the burden from States to companies.
Decent work and decent working hours in the world of modern technologies
Decent work and decent working hours in the world of modern technologies
(Decent work and decent working hours in the world of modern technologies)
- Author(s):Anton Petričević
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law, Law on Economics, Labour and Social Security Law
- Page Range:60-74
- No. of Pages:15
- Keywords:artificial intelligence; new technologies; working hours; decent work; decent working hours;
- Summary/Abstract:Where human work has been used for centuries, new technologies have been imposed. Systems of generating new information and configurations that help solve problematic issues without human factor interference are imposed to us. Is this good for humanity? Some people believe that artificial intelligence will destroy jobs and human labor. Others, in studying history, believe that the stages of job loss were accompanied by the stages of job creation. We are facing a very rapid development of modern technologies today, and at the same time we have a situation where workers 'working hours are getting longer and are more difficult to handle, and we are far from decent working hours today. The method of online research was used in the paper. Basic hypotheses set during the research are: 1. The introduction of modern technologies makes the work easier, working hours become reduced and the work becomes more humane and more dignified. 2. More dignified work and shorter working hours leads to more stable family relation- ships. The purpose is to establish decent working relation and decent working hours. The goal is to protect the worker from hard labor and overtime work.
Business law: collaborative economy vs. participatory economy in the digital age
Business law: collaborative economy vs. participatory economy in the digital age
(Business law: collaborative economy vs. participatory economy in the digital age)
- Author(s):Nicolae Pană
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics, ICT Information and Communications Technologies, Commercial Law
- Page Range:75-85
- No. of Pages:11
- Keywords:collaborative economy; participatory economy; e-commerce; participatory democracy;
- Summary/Abstract:The general objective of the postdoctoral paper is to develop a multidisciplinary and cross-sectional study to highlight the role of artificial intelligence in the globalization of democracy and the opportunities offered by technological progress related to the legal phenomenon as a matter of fact. At the same time, the study includes an analysis of the risks to which enterprises and public authorities are subjected in the context of using new technologies and the impact that legal vulnerabilities may have on the calculation of management risks reported through artificial intelligence applications. This article is an integral part of the author's research in the postdoctoral program within ASE Bucharest - Faculty of Law and is focused on the fact that the collaborative economy and participatory economy are major challenges of democracy in general and participatory democracy. Following the analysis of these two concepts, we tried to emphasize the importance of digital processes in the process of globalization of democracy. The author used for this study among the usual research methods, the empirical approach corroborated with the historical approach that underlined the practical relevance of the theses proposed by well-known authors in the field. Among the results and implications, we mention the dissemination of knowledge of concepts and their analysis to the academic community and beyond, and the study can be useful in calibrating and improving management processes both in private/joint ventures and in local and central public authorities.
Law and security: legal and institutional aspects
Law and security: legal and institutional aspects
(Law and security: legal and institutional aspects)
- Author(s):Felicia Bejan
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Comparative Law
- Page Range:86-99
- No. of Pages:14
- Keywords:health security; environment security; food security; law;
- Summary/Abstract:In the last decades, the concept of security has extended from the state power to ensure the sovereignty to the human dimensions of security. The environment security, health security, food security, personal security, community security, political security, economic security are all areas of security. The issue of security goes into many fields and, from the disciplinary perspective, the law has the role to grant the necessary framework. The article analyses current legal aspects of the health, environment and food security, considering their deep interdependency and their determining role to increasing the quality of life. The European legislative acts and institutions establish certain standards in these domains and they have a strong and growing impact on the normative evolution in our country. The study of European and Romanian law identifies some findings as start points for changing the current level of health, environment and food protection, having the human well being as purpose behind them.
Provisional measures concerning security for costs and security for claim in international commercial arbitration
Provisional measures concerning security for costs and security for claim in international commercial arbitration
(Provisional measures concerning security for costs and security for claim in international commercial arbitration)
- Author(s):Sofia Cozac
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law, Law on Economics, Commercial Law
- Page Range:101-113
- No. of Pages:14
- Keywords:provisional measures; security for costs in arbitration; security for claim; denial of justice;
- Summary/Abstract:This paper is an analysis from a theoretical and case law perspective of the admissibility conditions for interim measures for security of arbitration costs and for security of claim. These types of interim measures belong to the category of interim measures that are less common in arbitral practice. However, according to recent statistics, applications for interim measures have increased exponentially in recent years. It is therefore important that the rules governing them are well-known by both parties as well as arbitrators, so that they can be correctly used in these situations. The major benefit is that the party requesting such measures will be protected from the possible insolvency of the other party. In other words, a party making unmeritorious claims who is also in a precarious financial situation could be discouraged by such a measure from pursuing possible bad faith claims. However, arbitral tribunals should carefully weigh the granting of such measures in order not to financially block the party initiating arbitral proceedings who may also be in a precarious financial situation due to the damaging actions of the party requesting such measures. Such a measure could amount to a denial of justice in international law, preventing the claimant's access to courts. What is essential in such a claim is for the arbitral tribunals to carry out detailed analysis, by balancing the interests of both parties in an attempt not to block the claimant's access to justice. This is why these types of requests are very rarely admitted, and only for sound reasons, as we will further demonstrate in the upcoming lines.
How does the GDPR impacts real estate transactions?
How does the GDPR impacts real estate transactions?
(How does the GDPR impacts real estate transactions?)
- Author(s):Simona Guțiu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law and Transitional Justice, Law on Economics, Commercial Law, Administrative Law
- Page Range:114-122
- No. of Pages:9
- Keywords:GDPR; real estate transaction; protection of personal data; globalization;
- Summary/Abstract:Any processing of personal data should be lawful and fair. GDPR provides rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data. In is well known that a real estate transaction (regardless if it is an asset or a share deal), implies processing some personal data. This is applicable also for the legal persons involved in real estate transaction. This article aims to answer to some relevant questions related to the restrictions imposed by the GDPR in the context of a real estate transaction of whatsoever type.
Data protection in the context of employees’ performance appraisal
Data protection in the context of employees’ performance appraisal
(Data protection in the context of employees’ performance appraisal)
- Author(s):Ioana Cristina Neagoe-Diniță
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Labour and Social Security Law
- Page Range:123-131
- No. of Pages:9
- Keywords:appraisal; protection; data; processing; storage; deletion; archiving;
- Summary/Abstract:By this study we propose to determine what are the conditions and limits of the collection and processing of personal data in the activity of professional evaluation of employees. Personal data are collected and processed in the context of employment relations also for the purpose of the appraisal of employees' professional activity. The monitoring of the employees' activity aims at evaluating the accomplishment of the specific responsibilities of the position, as well as the fulfillment of the individual and/or team goals. A discussion on personal data protection aims at the very analysis of the balance between the legitimate interests of employers in collecting and processing employees’ data and the reasonable expectations of employees when it comes to privacy. Facilities allowing real-time access of the employer to employee's location data via smart devices, that is considered less visible to employees, applications that record the time and pace of work, the facial expressions and gestures of employees provide more than a process diagnosis, but also the diagnosis and prediction of behaviors, automatically generating profiling.
Book X ("Trusts") of the Draft Common Frame of Reference (DCFR): subject of doctrinal discussions and model of inspiration for the legislator of the Republic of Moldova
Book X ("Trusts") of the Draft Common Frame of Reference (DCFR): subject of doctrinal discussions and model of inspiration for the legislator of the Republic of Moldova
(Book X ("Trusts") of the Draft Common Frame of Reference (DCFR): subject of doctrinal discussions and model of inspiration for the legislator of the Republic of Moldova)
- Author(s):Irina Digori
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Commercial Law
- Page Range:132-154
- No. of Pages:23
- Keywords:trust; fiducia; DCFR; Civil Code of the Republic of Moldova; Civil Code of Romania;
- Summary/Abstract:The Draft Common Frame of Reference (DCFR) project is a comprehensive work to harmonize the rules of private law in the European area. Although it has not gained legal force at European level, the project has undeniable value for the development of private law and can serve as a model for legislators in different states. This has already happened in the case of modernization of the Civil Code of the Republic of Moldova. For the matter of trusts, in DCFR was allocated a separate book - Book X ("Trusts"), which was the basis for the regulation of the institution "fiducia" in the Civil Code of the Republic of Moldova. The purpose of this article is to analyze the assessments and criticisms that have been brought to Book X of DCFR, but also to assess the extent to which the legislator of the Republic of Moldova has followed the model of these rules. Thus, the discussions in the doctrine regarding the strengths and weaknesses of Book X are revealed, the sources of inspiration of the DCFR authors are analyzed and the way in which the institution of "fiducia" in the Civil Code of the Republic of Moldova follows the DCFR trust model is presented. Some comparative observations are also made with reference to the "fiducia" in the Romanian Civil Code.
The governance of groups under Albanian company law: what can be changed?
The governance of groups under Albanian company law: what can be changed?
(The governance of groups under Albanian company law: what can be changed?)
- Author(s):Jonida Rystemaj
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics, Commercial Law
- Page Range:155-168
- No. of Pages:14
- Keywords:company law; corporate groups; group liability; control group; equity group;
- Summary/Abstract:Corporate groups are an emerging business structure that deserves further elaboration. They are much more encountered in an international context. To reflect this reality, company groups are given special attention in the Albanian company law. The introduction of a detailed regulation for corporate groups was a novelty for the Albanian company law, back in 2008 when it was passed. The experts engaged in drafting the law opted for two categories of company groups which were considered distinct and provided for different legal consequences for each category. This article aims at elaborating governance issues of these groups recognized by the Albanian legislation through an analytical approach of the provisions. First an introduction of the groups and the regulation in the ACL will take place. Then specific considerations as regards governance issues will be further elaborated in order to pinpoint any need for further improvement. Finally, the article concludes with a set of recommendations of what can be changed towards a better organization and governance of groups in Albania.
Matters concerning multiple office holding in light of the CJEU judgment in case C-585/19
Matters concerning multiple office holding in light of the CJEU judgment in case C-585/19
(Matters concerning multiple office holding in light of the CJEU judgment in case C-585/19)
- Author(s):Mihaela-Emilia Marica
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics, EU-Legislation, Commercial Law, Court case
- Page Range:169-179
- No. of Pages:11
- Keywords:multiple office-holding; weekly rest; working time; daily rest;
- Summary/Abstract:In the field of labour law, we are currently witnessing a development in the case law of the Court of Justice of the European Union concerning multiple office-holding with the same employer, which is changing the framework of the regulations and practices related to employment relationships at national level. The CJEU's judgment in Case C-585/19 established as a matter of principle that the mechanism for determining the daily rest period for workers who have concluded several contracts of employment with the same employer is to be determined by reference to the total number of contracts - irrespective of how high the number of contracts concluded with the same employer is - and not by reference to each contract individually. Therefore, we will make an attempt at analysing the effect of this ruling at national level, by reference to the specific provisions of the current Labour Code regulations which, in some cases, enshrine differences of nuance and different perspectives from those established by Directive 2003/88/EC concerning certain aspects of the organisation of working time.
Considerations on the acquisition of ownership rights over the assets of the company deregistered by the sole shareholder, foreign citizen belonging to a third state
Considerations on the acquisition of ownership rights over the assets of the company deregistered by the sole shareholder, foreign citizen belonging to a third state
(Considerations on the acquisition of ownership rights over the assets of the company deregistered by the sole shareholder, foreign citizen belonging to a third state)
- Author(s):Cristina Cojocaru
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law, Law on Economics, Commercial Law
- Page Range:180-187
- No. of Pages:8
- Keywords:Romanian commercial law; dissolution; property rights of foreign citizens over land; third state;
- Summary/Abstract:The dissolution and liquidation of a company always has consequences in terms of its assets. After the satisfaction of the company's creditors and the payment of its debts, the remaining assets belong to the shareholders, according to the relevant legislation. However, the case where the partner is a foreign national of a third country, not a Member State of the European Union, and the assets left after the deregistration of the company are land, is a specific situation that has been analyzed by the High Court of Cassation and Justice in a recent case. Although the legislation applicable to companies recognizes the right of shareholders over the assets remaining after the deregistration of a company, the situation of the lands is particular, considering the overriding applicable constitutional provisions, as well as the treaties to which Romania is a party. The existence of reciprocity in the matter of acquiring the right of ownership over land is essential and relevant in an action for establishing the right to property, even for a foreign citizen who has the quality of shareholder in a company established on the Romanian territory.
Perspectives on the joint venture agreement in business law
Perspectives on the joint venture agreement in business law
(Perspectives on the joint venture agreement in business law)
- Author(s):George-Bogdan Ionita
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics, Commercial Law
- Page Range:188-194
- No. of Pages:7
- Keywords:joint venture agreement; legal mechanism; contractual relations; operation mechanism; business sphere;
- Summary/Abstract:This research aims to objectively analyze the applicability of the joint venture agreement in the business sphere. Determining the need to use such a legal mechanism in the field of contractual relations is an important starting point for presenting the specific elements but also its functioning mechanism. Thus, it will proceed to the analysis of the current regulation of the Civil Code as well as the practical applicability of this legal mechanism in various fields of law. In carrying out this research, works from the current specialized doctrine as well as current judicial practice were used.
Some notes on the commercial concession contract
Some notes on the commercial concession contract
(Some notes on the commercial concession contract)
- Author(s):Sónia de Carvalho
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics, Commercial Law
- Page Range:195-212
- No. of Pages:18
- Keywords:concession; distribution; contracts; commercial law;
- Summary/Abstract:The concession contract, to which the majority of legal scholars recognize the legal nature of a framework contract, is a commercial contract, which establishes a complex and long lasting contractual relationship, under which the grantor undertakes to sell to the concessionaire, and the latter to buy from him, for resale, a certain quantity of goods, assuming the risk of marketing the goods. The integration of the dealer, who acts on its own behalf and in its own name, in the grantor's network, is ensured by the compliance with certain obligations, relating to commercial policy and promotional and after sales services, under the control and supervision of the grantor. The concession contract started out as a sales contract concluded between the producer and the trader, who acted in his own name and for his own account, characterised by the existence of an exclusivity clause in favour of the latter, provided that he undertook to purchase a certain quantity of products. This negotiating scheme has, however, undergone alterations as a result of the greater integration of the distributor in the network of the licensor, resulting from the complex web of rights and duties around the parties, with emphasis on the transformation of the exclusivity clause, hitherto considered a social type element, into one of several possible clauses of the contract. Considering that we are dealing with a legally atypical, but socially typical contract, it is necessary to point out the most relevant clauses of the contract, which are essential to sustain that this contract belongs to distribution contracts, an autonomous category. The supply chain crisis currently experienced worldwide following the Pandemic COVD 19 and the role that this contract can play in the commercial distribution, by allowing the manufacturer to achieve greater efficiency in the distribution of its products, justifies the analysis of the main features of this contract.
Legal regime of competition in Croatia
Legal regime of competition in Croatia
(Legal regime of competition in Croatia)
- Author(s):Ovidiu Horia Maican
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics, Commercial Law
- Page Range:213-224
- No. of Pages:12
- Keywords:competition; Croatia; European Union; legislation; harmonization;
- Summary/Abstract:Croatia has implemented EU’s competition rules. Competition Act lays down the competition rules and establishes the competition regime in Croatia. It also regulates work of the Croatian Competition Agency. The Competition Act defines the rules and methods for promoting and protecting competition. On paper, competitive equality is enforced with respect to market access, credit and other business operations. In practice, however, state-owned enterprises (SOEs) and government-designated “strategic” firms may still receive preferential treatment. The Croatian Competition Agency is the country’s competition watchdog, determining whether anti-competitive practices exist and punishing infringements. It has determined in the past that some subsidies to SOEs constituted unlawful state aid.
Valences of the “polluter pays” principle in the conflict between economic interest and ecological interest
Valences of the “polluter pays” principle in the conflict between economic interest and ecological interest
(Valences of the “polluter pays” principle in the conflict between economic interest and ecological interest)
- Author(s):Angelica Cobzaru
- Language:English
- Subject(s):Economy, Law, Constitution, Jurisprudence, Law on Economics, Business Ethics
- Page Range:225-236
- No. of Pages:12
- Keywords:the polluter pays; economic conflict; prevention; caution;
- Summary/Abstract:The polluter pays principle is one of the fundamental principles of environmental law, the content of which can be summarized as follows: the one who produces the pollution bears its cost. The principle has a strong economic character. In this paper, I aimed to analyze the content of the “polluter pays” principle, as well as to establish its role in the dispute between economic and ecological interest. As research methods we used: the logical method, the comparative method and the historical method. The study highlights the conflict between economic interest and ecological interest, which has been balanced, to some extent, by the consecration of the "polluter pays" principle. The paper results in emphasizing the role of principles, in general, and in particular of the “polluter pays” principle, in terms of the evolution of the field, in accordance with the desideratum - the priority of the environment in relation to other types of activities.
Influencers: the path from consumers to professionals
Influencers: the path from consumers to professionals
(Influencers: the path from consumers to professionals)
- Author(s):Aura-Elena Amironesei
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law and Transitional Justice, Law on Economics, Commercial Law
- Page Range:237-258
- No. of Pages:22
- Keywords:professional; trader; influencer; marketing;
- Summary/Abstract:The concept of ‘influencer’ stands at the confluence of law, economy, marketing, sociology and psychology, being in a continuous grinding, generated by the development of social media tools and the diversification of the activities that can be carried out on social media. The influencer has crystallized his presence within the virtual environment, as he started to use social media from the position of a consumer. At the moment, he evolved into an entity that shirks the national imperative legal provisions and has a series of attributes which cannot characterise any other existing and conceptualised entity. The uniqueness of the influencer, along with his constant developing characteristics, have led to several difficulties in the process of regulating his activity. Nevertheless, the time that has passed since their emergence on the market is more than sufficient for providing the possibility of describing the influencers and confining them within a legal regime. Our analysis focuses on the compatibility between the status of a professional, as it is regulated in the Romanian law, and the status of influencer. Then, we will briefly discuss the possible consequences, determined by the compatibility, on the activity of the influencer and on his digital content.
Translation of arbitral awards in the procedure for the recognition and enforcement of foreign arbitral awards. Conditions and assumptions
Translation of arbitral awards in the procedure for the recognition and enforcement of foreign arbitral awards. Conditions and assumptions
(Translation of arbitral awards in the procedure for the recognition and enforcement of foreign arbitral awards. Conditions and assumptions)
- Author(s):Crenguţa Leaua, Radu-Mihai Necula
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Translation Studies, Commercial Law, Court case
- Page Range:259-269
- No. of Pages:11
- Keywords:foreign arbitration award; translation of foreign arbitration award; New York Convention; Code of Civil Procedure;
- Summary/Abstract:The purpose of the article is to examine the manner in which the regulation of the applicant's ability to submit a certified translation for compliance with a foreign arbitral award responds to the legislative desire to facilitate the recognition and enforcement of foreign arbitral awards in Romania. It is approached the hypothesis in which the defendant disputes the accuracy of the translation or the court ex officio considers that the translation submitted to the case file presents certain ambiguities. In this case, the question arises as to whether it is necessary to file a translation by a certified translator in the case file or whether it is sufficient in that case to submit a translation by a party. The article also examines whether or not the provisions of the Code of Civil Procedure are more favorable or unfavorable than the provisions of the New York Convention (1958) with regard to the translation of foreign arbitration awards.
Online sales of medicinal products in the CJEU case-law – between the free movement of goods and public health protection
Online sales of medicinal products in the CJEU case-law – between the free movement of goods and public health protection
(Online sales of medicinal products in the CJEU case-law – between the free movement of goods and public health protection)
- Author(s):Gabriela Belova
- Language:English
- Subject(s):Social Sciences, Economy, Law, Constitution, Jurisprudence, Sociology, Health and medicine and law, Law on Economics, ICT Information and Communications Technologies, EU-Legislation, Court case
- Page Range:270-284
- No. of Pages:15
- Keywords:online sale of medicinal products with or without prescription; case-law of the Court of Justice of the European Union;
- Summary/Abstract:The trans-border online purchase of medicines has been growing in the last decades. This paper provides an in-depth analysis of the relevant case-law of the Court of Justice of the European Union. The Luxembourg Court has addressed the issue of online sale of medicinal products on several occasions primarily from an internal market perspective. From its first judgments in cases Doc Morris, Ker-Optika and Pierre Fabre the Court tried to find the delicate balance between the freedom of goods within the European Union and the principle of protection of the public health. On the one hand, the Court tries to keep in line with the development of the internal market, including medicinal products sold online and on the other hand the public interest has been always observed, in particular the protection of public health. The article pays attention to one of the legislative initiatives of the European Commission in this field as well as to the newest judgments of the Court of Justice of the European Union.
The EU Green Deal and the future of the EU business law - scenarios for legal evolution
The EU Green Deal and the future of the EU business law - scenarios for legal evolution
(The EU Green Deal and the future of the EU business law - scenarios for legal evolution)
- Author(s):Oleg Zaichuk, Yuri Zaichuck
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics, EU-Legislation, Commercial Law
- Page Range:285-302
- No. of Pages:18
- Keywords:EU law; business law; renewables; EU Green Deal;
- Summary/Abstract:The ongoing transition away from fossil fuel presented a number of challenges for the EU and its legal profession. According to the EU official statistics, the EU is on its way toward becoming the first carbon neutral region of the planet. However, even Germany is struggling to generate enough electricity from its renewables and actively pursuing "strategic alternatives". The EU is actively looking into introducing a so-called carbon adjustment on its border to create a level field for its own companies. However, at the same time, the EU is heavily dependent on exporting its goods to the very same countries which actively resist EU's plan to charge the carbon border duty on their ex- ports to the EU while EU's competitiveness and share of the world's trade is slowly but inexorably falls behind the rest of the world. The future of the EU business law and the outcome of the EU green transition depends on the speed of the technological progress which is highly uncertain. It is this evolution of technology which would determine the future of the EU business law whether EU's political actors accept it or not.
Term of office as an indicator of independence of the antitrust authority in the implementation of the ECN+ Directive: experiences of Polish law and of the Polish antitrust authority
Term of office as an indicator of independence of the antitrust authority in the implementation of the ECN+ Directive: experiences of Polish law and of the Polish antitrust authority
(Term of office as an indicator of independence of the antitrust authority in the implementation of the ECN+ Directive: experiences of Polish law and of the Polish antitrust authority)
- Author(s):Rafał R. Wasilewski
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics, EU-Legislation, Commercial Law
- Page Range:303-311
- No. of Pages:9
- Keywords:Polish law; national competition authority (NCA); independence; term of office; ECN+;
- Summary/Abstract:Whether in the European Union or elsewhere in the world, there is no universal model an antitrust authority could be patterned against. Instead, administrative, judicial and mixed bodies are present. For the proper performance of the functions entrusted to them, it is necessary to ensure that these bodies remain free from political influence. The need for such independence of antitrust authorities is clear from the ECN+ Directive, which Member States are required to implement. In the article, an attempt was made to assess whether the provisions of the ECN+ Directive introduce specific requirements as to the term of office for officeholders in antitrust bodies and examine what solutions have been adopted to this end in Polish law. The Polish antitrust authority is the President of UOKiK, which is currently an office without term. However, in the course of implementing the ECN+ Directive, different solutions have been designed, establishing that this authority should indeed operate against a fixed-term model. On the basis of historical legal acts, current normative acts, draft bills and the findings derived from the literature and case-law, the question should be answered whether term of office is an indicator of the independence of an antitrust authority. The research methods adopted to this end are the dogmatic and historical-legal approach.
Substantial and procedural rules in the perspective of Directive no. 2019/1023 of the European Parliament and of the Council on preventive restructuring frameworks
Substantial and procedural rules in the perspective of Directive no. 2019/1023 of the European Parliament and of the Council on preventive restructuring frameworks
(Substantial and procedural rules in the perspective of Directive no. 2019/1023 of the European Parliament and of the Council on preventive restructuring frameworks)
- Author(s):Cristian Drăghici
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics, EU-Legislation, Commercial Law
- Page Range:312-320
- No. of Pages:9
- Keywords:restructuring frameworks; insolvency; preventive concordat; ad-hoc mandate;
- Summary/Abstract:Since 2011, a series of measures have been adopted by European Union, with the initial purpose to harmonizing of the very specific aspects of substantial law of insolvency, including restructuring, but also regarding the company law. The enforcement of Regulation (EU) 2015/848 on insolvency proceedings aimed solving the conflicts of jurisdiction in cross-border insolvency proceedings and ensuring the recognition of insolvency decisions on the territory of the Union. However, the Regulation did not seek to harmonize the substantial law of insolvency in the Member States. Even though in some Member States, including our country, the Commission's Recommendation was received as a useful proposal to undertake insolvency reforms (adoption of Law 85/2014 regarding the insolvency and insolvency prevention procedures in Romania), it did not succeed in generating uniform changes in all Member States to facilitate the rescue of companies in financial difficulty and to enable entrepreneurs to benefit from a second chance. The Recommendation did not have the expected effects because its partial implementation, even at the level of countries where real reforms have been made regarding the insolvency law. In this context, this study aims at an analysis of insolvency prevention procedures in our country, reported to the Directive of the European Parliament and of the Council, on preventive restructuring frameworks.
Relationship between infringement proceedings applied by the European Commission and the WTO law
Relationship between infringement proceedings applied by the European Commission and the WTO law
(Relationship between infringement proceedings applied by the European Commission and the WTO law)
- Author(s):Gina Orga Dumitriu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics, EU-Legislation, Commercial Law, Comparative Law
- Page Range:321-335
- No. of Pages:15
- Keywords:infringement proceedings; the WTO dispute settlement procedure; General Agreement on Trade in Services (GATS); freedom to provide services; freedom of establishment; education services;
- Summary/Abstract:The analysis of the interaction between the legal order of the Union and the law of the World Trade Organization (WTO) would be incomplete without a critical assessment of how European judges and panels and the WTO appellate body contribute to the articulation between the two legal systems. The Court has rejected the direct applicability of WTO law in settled case-law. This merely means, however, that Member States, in an action for annulment, or the parties in a reference for preliminary ruling on the validity of an EU act, may not rely on the incompatibility of an EU act with the WTO Agreement. The possibility of basing infringement proceedings on an infringement of WTO law does not run counter to the aims and particular character of dispute settlement in the WTO and can ensure the effective enforcement of any negative ruling by the WTO dispute settlement bodies. If the European Union was not able to bring infringement proceedings against Member States in such cases, the internal implementation of international trade law would even be seriously jeopardised.
