Adapting to Change Business Law insight from Today's International Legal Landscape
Adapting to Change Business Law insight from Today's International Legal Landscape
Contributor(s): Isabelle Oprea (Editor), Marijana Mladenov (Editor), Daniela Duță (Editor), Konstantinos Kouroupis (Editor), Leonidas Sotiropoulos (Editor)
Subject(s): National Economy, Business Economy / Management, Energy and Environmental Studies, International Law, Economic policy, Politics and law, Law on Economics, ICT Information and Communications Technologies, Socio-Economic Research, Sociology of Law
Published by: ADJURIS – International Academic Publisher
Keywords: Business Law; Law; Business; Romanian Academy of Scientists; International Conference;
Summary/Abstract: This volume contains the scientific papers presented at the Thirteenth International Conference „Challenges of Business Law in the Third Millennium” that was held on 17 November 2023 in online format on Zoom. The conference is organized each year by the Society of Juridical and Administrative Sciences in partnership with the Romanian Academy of Scientists. More information about the conference can be found on the official website: www.businesslawconference.ro. The scientific studies included in this volume are grouped into five chapters: • Emerging Corporate, Contractual Compliance and Ethical Issues in a Global Context. The papers in this chapter refer to: consequences for the breach of company directors duties: the USA perspective; the limited liability company from the perspective of the latest legislative changes in Romania; economic justifiability of work on Sunday, dilemmas and suggestions; consequences of confirming the restructuring agreement in the rescue procedure; implementation of the deposit-return system, an absolute first for Romania; precautionary measures to protect the debtor`s estate from insolvency proceedings; modern business with ancient tools: warranty against eviction in Roman law and its inheritance in the French, German and Italian civil codes; the rental contract in the HoReCa field, theoretical and practical aspects, respectively alternative dispute resolution methods (ADR) in the field. • Navigating Cross-Border Legalities. This chapter includes papers on: trafficking in human beings: particulars of criminal legal characteristics; the right to defence: an indispensable right for the rule of law; restorative justice between the need to bring to justice those guilty of committing international crimes and conventional crimes and the implementation of the national reconciliation process; certain legal aspects of family businesses in Hungary; coercive administrative measures applied in financial legal relations according to Bulgarian legislation; the „criminal” nature of the measure of suspension of the operating authorization of a legal person as a tax warehouse; tax evasion - between legality and crime; cumulation of disciplinary liability with other forms of legal liability. • Legal Perspectives on Technological Disruption in the International Sphere. The papers in this chapter refer to: changing circumstances and the crisis of international law: the rebus sic stantibus and its use in legal, political and contemporary history; the role of artificial intelligence in the digital banking system; possibilities for the use of artificial intelligence in the activities of the judiciary; MiCA: direct applicability coupled with challenges for the national legislation; peculiarities and controversies regarding the credit (financing) agreement; perspectives regarding the reconfiguration of rest time in current Romanian law – the right to disconnect. • International and European law Dynamics in a Changing Business Environment. This chapter includes papers on: international law: the lost metaphor? - reflections on the current wars; the operator in the environmental liability - the European Union and Portuguese regime; the protection of Ukrainian migrants in Portugal: from the international and European regime to Portuguese law; Romania’s accession process to the Organisation for Economic Cooperation and Development, prospects, advantages and compatibility; invalidity of treaties, as a legal sanction specific to public international law; constitutional aspect through the prism of international principles; • Practical and Administrative Considerations. Legal Implications. The papers in this chapter refer to: decentralization in public administration: redefining power for more effective governance; exercising the right of preemption in the field of national cultural heritage; the controversies of Israel judiciary reform; legal responsibility in the operating room in the particular case of retained surgical foreign bodies; effectiveness of the social protection system – with reference to the minimum inclusion income; quality and interest to address the Romanian National Council for the Settlement of Complaints in the field of public procurement in judicial practice; the double-edged sword of the lapse of the arbitral award as a ground for setting aside the arbitral award. This volume is aimed at 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. We thank all contributors and partners, and are confident that this volume will meet the needs for growing documentation and information of readers in the context of globalization and the rise of dynamic elements in contemporary business law.
- Page Count: 478
- Publication Year: 2023
- Language: English
Consequences for the Breach of Company Directors Duties. Perspective of the United States of America
Consequences for the Breach of Company Directors Duties. Perspective of the United States of America
(Consequences for the Breach of Company Directors Duties. Perspective of the United States of America)
- Author(s):Erjola Aliaj, Edvana Tiri
- Language:English
- Subject(s):Business Economy / Management, Human Resources in Economy, Socio-Economic Research
- Page Range:20-31
- No. of Pages:12
- Keywords:director; duties; breach; consequences; USA;
- Summary/Abstract:The company good management by its directors provides a high operational stability during the course of its activity, which consequently will find reflection in its profits. In this managing process, directors often have to face with situations, where the consequences of their actions cannot be clearly and unambiguously predicted, and decisions taken are risky. These decisions, in the best scenario, may generate profits but can also lead to unfavorable consequences for the commercial company itself and third parties involved in relations with this commercial company. To minimize these risks, the legislator have to clearly define the duties and responsibilities of the company directors. The latteris one of the legal instruments that serves to coordinate the interests of the directors with the interests of the corporation, its shareholders and third parties. In the present paper, through a legal assessment, special attention has been paid to the consequences for the breach of company directors’ duties in the US perspective, which are divided into three categories: responsibilities towards the corporation, shareholders and third parties. Due to the fact the jurispudence and specifically the courts of Delaware in the USA has played an important role in the resolution and interpretation of issues related to directors duties and responsabilities, which were not dealt with in detail in the legislation or corporate acts, this paper will be focused also in one of the most important institutes of American law- “business judgement rule”, which was created by the courts in defense of directors rights. The main aim of this paper is to analyze the US doctrine, legal provisions, which regulate the company directors’ responsibilities, as well as the court practice in this regard. Also, an important objective of this paper is that it may serve as an important basis for further comparative studies in this field with other jurisdictions. Such analysis is based on the qualitative method, which contains also the research, analytical, descriptive, interpretive methods. The result of this paper will stimulate debate in the academic level and contribute to further improvements of our company legislation, as well to the legal doctrine in Albania that lacks such.
The Limited Liability Company from the Perspective of the Latest Legislative Changes in Romania
The Limited Liability Company from the Perspective of the Latest Legislative Changes in Romania
(The Limited Liability Company from the Perspective of the Latest Legislative Changes in Romania)
- Author(s):Adriana Deac
- Language:English
- Subject(s):National Economy, Business Economy / Management, Law on Economics, Socio-Economic Research
- Page Range:32-42
- No. of Pages:11
- Keywords:limited liability company; Law 31/1990; share capital; social shares; liability; the National Office of the Trade Register; associates;
- Summary/Abstract:The repeated and substantial modification of the Companies Law no. 31/1990 led us to analyze this normative act in more depth, the most important in the field of commercial law, we could say. It is obvious that the evolution of society, of the business environment, of the way of operating a company, imposed the latest changes in the company law. The present study aims to analyze only one of the associative forms regulated by this law, namely, the limited liability company, the most common type of company in Romanian and international practice. The paper will address these changes and will offer pertinent opinions regarding the practical and theoretical usefulness of the changes, will try to present a critical opinion regarding the latest changes made to the legal regime of the limited liability company. In carrying out the scientific approach, we will consider the legal provisions, as well as the new doctrine created up to this point in Romanian law. We will use appropriate methods of interpreting the provisions of Law no. 31/1990, respectively the grammatical, historical method, as well as the logical method, with the corresponding interpretation arguments.
Economic Justifiability of Work on Sunday. Dilemmas and Suggestions
Economic Justifiability of Work on Sunday. Dilemmas and Suggestions
(Economic Justifiability of Work on Sunday. Dilemmas and Suggestions)
- Author(s):Anton Petričević
- Language:English
- Subject(s):Business Economy / Management, Law on Economics, Human Resources in Economy, Socio-Economic Research
- Page Range:43-55
- No. of Pages:13
- Keywords:work on sunday; socioeconomic relations; psychological relations; family relationships; economic development;
- Summary/Abstract:This topic has been discussed intensively among scientists, workers, consumers, in church circles in the last 20 years. Mostly from the available research it can be seen that the Republic of Croatia is the country where most people want to have a non-working Sunday. At the same time, the question is whether all workers can protect themselves from work on Sundays. So, one part of workers has to work on Sundays. While in the Republic of Croatia we are only at the very beginning of solving this problem, many countries have already addressed this issue. The paper will show how the EU countries have resolved this issue. The EU trend is greater liberalization of work on Sundays. There are several hypotheses in this paper: Hypothesis 1 – work on Sunday is negatively related to the quality of health, Hypothesis 2 – work on Sunday is positively related with conflicts in family relationships. The research carried out in Eastern Slavonia on a representative sample and results obtained by on-line survey method, method of systematization, method of analysis and synthesis, historical method and comparative method should not only remain a dead letter on paper, but the competent institutions and professional public should create a legislative framework and apply the results in practice as a basis for the protection of workers.
Consequences of Confirming the Restructuring Agreement in the Rescue Procedure
Consequences of Confirming the Restructuring Agreement in the Rescue Procedure
(Consequences of Confirming the Restructuring Agreement in the Rescue Procedure)
- Author(s):Luiza Cristina Gavrilescu
- Language:English
- Subject(s):Business Economy / Management, Law on Economics, Accounting - Business Administration, Socio-Economic Research
- Page Range:56-70
- No. of Pages:15
- Keywords:confirmation of restructuring agreement; insolvency prevention; debtor rescue; subsequent financing; debt write-of;
- Summary/Abstract:The restructuring agreement procedure is one of the latest mechanisms available to viable debtors to prevent insolvency. The agreement between the debtor and the creditors holding the claims affected by the plan is made through the restructuring administrator and is confirmed by the confirmation of the syndic judge. The modified receivables will be paid according to the agreement, the rest of the debts will be paid under previous contracts, but only after priority payment of subsequent financing. Outstanding contracts will continue to be executed during the implementation of the recovery plan. The debtor retains the right to manage his business but will have to restructure his activity according to the plan. The restructuring manager shall ensure that the measures set out in the plan are implemented. Amendments to the restructuring agreement may be ordered if the creditors' challenge is upheld. If the provisions of the plan are fulfilled, the procedure will be closed by decision of the syndic judge, the debtor's debts will be written off according to the agreement. In case of non-fulfillment of the provisions of the plan, the procedure ceases, but the claims terminated by the agreement will be reborn.
Implementation of the Deposit-Return System, an Absolute First for Romania
Implementation of the Deposit-Return System, an Absolute First for Romania
(Implementation of the Deposit-Return System, an Absolute First for Romania)
- Author(s):Elena Emilia Ștefan
- Language:English
- Subject(s):National Economy, Economic policy, Law on Economics, Socio-Economic Research
- Page Range:71-79
- No. of Pages:9
- Keywords:government decision; deposit-return system; packaging; responsibility; public authority;
- Summary/Abstract:Identifying legal instruments to involve citizens in voluntary environmental protection has always been on the agenda of public authorities. The world already has a packaging deposit-return system, which aims to reduce pollution. The pretext of our analysis is the fact that in the media a piece of news was published saying that, in our country, the deposit-return system will operate starting from the 30th of November 2023. This made us curious to analyse the applicable legal framework, using scientific research methods specific to law, so as to know as much as possible about the subject. Considering the novelty of this legal mechanism for our country, we believe that the proposed topic is extremely up-to-date and of general importance, as it will involve the whole of society, citizens, authorities and the business environment. The proposed objective of the study is to investigate the extent to which the deposit-return system for primary non-refillable packaging is effective in practice and can lead to a reduction in pollution through active community involvement. Following our analysis, we will emphasize the conclusion of our paper, namely that the subject matter of environmental protection must concern both the public and the private sectors, because life on this beautiful blue planet depends on our actions.
Precautionary Measures to Protect the Debtor’s Estate from Insolvency Proceedings
Precautionary Measures to Protect the Debtor’s Estate from Insolvency Proceedings
(Precautionary Measures to Protect the Debtor’s Estate from Insolvency Proceedings)
- Author(s):Rodica CHIRTOACĂ
- Language:English
- Subject(s):Business Economy / Management, Micro-Economics, Law on Economics, Socio-Economic Research
- Page Range:80-90
- No. of Pages:11
- Keywords:debtor estate; administrator; insolvency court; sealing; inventory; preservation; suspension; estate; dispose; assets; liabilities;
- Summary/Abstract:The concept of debt mass formation in the literature is not clearly defined. The content of this concept is usually revealed by analysing the algorithm of actions and measures of the insolvency court, the administrator/liquidator in order to form the debtor's estate. As the first basic stage, the formation of the debtor's estate is of great importance and of maximum interest to creditors. It is in fact the preparation for the subsequent implementation of bankruptcy proceedings, liquidation of the insolvent debtor or the establishment of the debtor's solvency. The aim of this paper is to carry out a complex theoretical and practical study of the peculiarities of measures to secure and protect the assets of the insolvent debtor. In order to achieve the proposed aim, the following objectives are envisaged: identification of the general considerations of the debtor's estate, the concept of protective measures, identification of the procedural phases of application of protective measures, the importance of preliminary protective measures. The following research methods have been used in the study comparative method will be used to observe and highlight the commonalities and differences (where they exist) between the international regulations of the institution of personal bankruptcy to show how the various particularities are reflected in practice on the beneficiary respectively the legal person. In the course of the research, we will use both the deductive and the inductive method in order to ensure, on the one hand, the achievement of the general objective of formulating new concepts and theories concerning the chosen legal institution and, on the other hand, the identification of problems of application of the normative provisions and of the gaps in the legislation. By means of the logical method used in the research I aimed to demonstrate that only by starting from existing principles can deductive reasoning be leveraged from the general to the particular or singular. The main research tools used to carry out the scientific approach were the scientific publications in the field of bankruptcy, the normative acts in force, the relevant judicial practice. The expected results automatically represent the fulfilment of the objectives and the answers to the research questions. Provisional measures taken by the insolvency court, administrator/liquidator are intended to prevent the insolvent debtor, during the course of the insolvency process, from destroying, disposing of assets or ineffective administration of assets. Their importance lies in the fact that by applying these measures the rights of the participants in the insolvency proceedings are protected.
Modern Business with Ancient Tools or Warranty against Eviction in Roman Law and Its Inheritance in the French, German and Italian Civil Codes
Modern Business with Ancient Tools or Warranty against Eviction in Roman Law and Its Inheritance in the French, German and Italian Civil Codes
(Modern Business with Ancient Tools or Warranty against Eviction in Roman Law and Its Inheritance in the French, German and Italian Civil Codes)
- Author(s):Sorin - Alexandru Vernea
- Language:English
- Subject(s):Business Economy / Management, Law on Economics, Socio-Economic Research, Sociology of Law, Roman law
- Page Range:91-104
- No. of Pages:14
- Keywords:eviction; warranty; Roman law; comparative law; actio auctoritatis; actio empty;
- Summary/Abstract:Modern Civil codes are mostly based on Private Roman Law, and this relation can be seen especially in the regulation of contracts and torts. The aim of this paper is to highlight the essential elements of the vendor’s warranty against eviction by reference to the main sources of Roman Law, in order to search for its influence on contemporary civil law, in France, Germany and Italy. The analyze undertaken will use the comparative method, with direct reference to the Roman institutions that influenced contemporary legislation. This study is part of the author’s recurring interest regarding the warranty against eviction, and its main focus is on the definition of eviction alongside the object of the warranty. As a conclusion, the author identifies a slightly different approach concerning the concept of eviction, that explains the similar treatment both for the warranty against eviction and defects, found in current legislations.
The Rental Contract in the HoReCa Field. Theoretical and Practical Aspects, Respectively Alternative Dispute Resolution Methods
The Rental Contract in the HoReCa Field. Theoretical and Practical Aspects, Respectively Alternative Dispute Resolution Methods
(The Rental Contract in the HoReCa Field. Theoretical and Practical Aspects, Respectively Alternative Dispute Resolution Methods)
- Author(s):Ioana Nely Militaru, Laura Ramona Nae
- Language:English
- Subject(s):Law on Economics, Tourism, Socio-Economic Research, EU-Legislation
- Page Range:105-116
- No. of Pages:12
- Keywords:consumer tourists; tourist services and products; space rental; HoReCa; gambling facilities; ADR methods; European Union;
- Summary/Abstract:In a constantly evolving world, marked both by the recent impact of the pandemic and by technological progress, the increasingly diverse and growing demands of customers - tourists, consumers of services and products in the hospitality industry, especially in the HoReCa field, have generated new challenges. Professional marketers in the hospitality industry have responded to meet all these challenges by identifying innovative and viable solutions. In this context, in addition to the provision of accommodation services, they diversified the objective of using the available spaces within the hotels to offer consumer tourists, additional relaxation and leisure services, including casino gambling facilities. Also, in order to secure their business and to develop solid and continuous relationships with customers, they have introduced contractual clauses that facilitate the amicable resolution of any disputes between the parties, thus also benefiting from alternative dispute resolution methods (ADR). All these initiatives have been foreseen and developed with the aim of maintaining a professional and human balance in the relationship with clients and their collaborators, as well as to ensure a harmonious continuation of the efficiency, sustainability and professional ethics of all these relationships.
Trafficking in Human Beings. Peculiarities of Criminal Legal Characteristics
Trafficking in Human Beings. Peculiarities of Criminal Legal Characteristics
(Trafficking in Human Beings. Peculiarities of Criminal Legal Characteristics)
- Author(s):Aurel Octavian Pasat
- Language:English
- Subject(s):Criminal Law, Human Rights and Humanitarian Law, Criminology, Penology, Sociology of Law
- Page Range:118-128
- No. of Pages:11
- Keywords:crime; human trafficking; organized crime; human exploitation; recruitment;
- Summary/Abstract:This article is dedicated to human trafficking as one of the most dangerous and highly profitable forms of international organized crime. The study examines the process of the international community's fight against such an international crime, analyzes the international legal acts aimed at suppressing this crime. The legislation in force in Romania is researched, concepts such as "human trafficking", "human exploitation", "recruitment", "transportation", as well as certain features of the criminal law and the forensic characteristics of the analyzed crime, are revealed, which features of this crime must be taken into account, the importance of human trafficking investigations.
The Right to Defence, an Indispensable Right for the Rule of Law
The Right to Defence, an Indispensable Right for the Rule of Law
(The Right to Defence, an Indispensable Right for the Rule of Law)
- Author(s):Carmen Silvia Paraschiv
- Language:English
- Subject(s):Human Rights and Humanitarian Law, Sociology of Law, Court case, Roman law
- Page Range:129-138
- No. of Pages:10
- Keywords:right to defense; fair trial; right to information; presumption of innocence; procedural guarantees;
- Summary/Abstract:The right to defense is a principle enshrined since Roman law, being considered a minimum requirement and a necessary guarantee to realize the defense of the fundamental rights and freedoms of any party in a process. According to Roman law2 , the advocatus (lawyer) "was not a representative in court, because he did not participate in the process in place of the party, but alongside the party supporting it through the legal knowledge he had. The lawyers' services were free. Women could not practice law." At the same time, referring to the application of the right to defense in Romanian law, "the trial took place in a building, in the presence of the magistrate, the parties, the lawyers and some court officials."3 We thus observe the importance of this principle since ancient times, no person could be tried without the presence of a defender, not even the slave. The study aims to carry out a detailed analysis, both from a theoretical and a practical point of view, of the right to defence, based on the implications of domestic law, but also the provisions of international treaties on human rights and the jurisprudence of the ECHR.
Restorative Justice between the Need to Bring to Justice Those Guilty of Committing International Crimes and Conventional Crimes and the Implementation of the National Reconciliation Process
Restorative Justice between the Need to Bring to Justice Those Guilty of Committing International Crimes and Conventional Crimes and the Implementation of the National Reconciliation Process
(Restorative Justice between the Need to Bring to Justice Those Guilty of Committing International Crimes and Conventional Crimes and the Implementation of the National Reconciliation Process)
- Author(s):Ionuț – Gabriel Dulcinatu
- Language:English
- Subject(s):International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Sociology of Law
- Page Range:139-155
- No. of Pages:17
- Keywords:victim; crime; international criminal responsibility; international justice; international criminal procedures; restorative justice; human rights;
- Summary/Abstract:When a deed is committed, the civil society of which the perpetrator is a part, considers it reprehensible, considering the relation of the deed to that society's own value system. Since by the effect of committing such an act in society, another person has been injured in his physical being or in his property, who will have to bear the consequences of this injury? This is the essential issue of liability. The reprehensible social judgment of value will manifest itself in the form of a statement of public opinion in which the objectionable object is precisely the reprehensible. The conduct of the public - the subject of the respective opinion - which expresses itself reprehensibly will be one of rejection of the reprehensible, rejection manifested in various forms, with the times and places2 The progress made in the last century by public international law, in terms of the field of criminalization of criminal acts, unfortunately did not lead to great corresponding achievements, along the lines of the creation and promotion of international legal institutions that value the norms of law in force. In the absence of such criminal jurisdiction, the sanctioning of international crimes continues to be achievable, with some limited and conjunctural exceptions in a national framework, by the criminal courts of each state3 . By acceding to international treaties of international humanitarian law, states undertake to respect them in good faith. Moreover, international conventions only specify serious crimes, indicating them expressly (see: the Geneva Conventions of 1949 - art. 49 of Convention 1; art. 50 of Convention II; art. 105-108 and 129 of the III Convention and art. 146 of the IV Convention; Additional Protocol I of this convention, concluded in 1977 - art. 85 paragraph 1, as well as the Geneva Convention of 1954 for the protection of property cultural in case of armed conflict - art. 28; genocide - art. V of the 1948 Convention; terrorism - art. 1 of the 1937 Convention; drug trafficking - art. 36 of the Single Convention on Narcotic Drugs of 1961) and recommends that states establish the only punishments for these serious crimes, the courts competent to judge them, as well as the qualification of other acts contrary to international humanitarian law as actions or crimes and the manner of their criminal and disciplinary sanctions4 . So, are the victims of armed conflicts entitled to benefit from the reparation of the damage suffered, from the states? If so, under what conditions and through what mechanisms can victims benefit from these rights? Recent developments in international law have made answering this question increasingly difficult as different approaches have developed to determine the nature of the obligation to provide reparations to war victims. The emergence of international human rights law led to placing the individual in a bivalent position, namely as a rights holder, without being fully recognized as subjects. States have often proved to be neither the only nor the best guarantors of the rights of their citizens. However, international law recognizes the rights of individuals and has established mechanisms for their direct exercise, without mediation by the individual's state. However, these rights and mechanisms are governed by different legal frameworks of a universal and regional nature, the application of which also depends on how national law recognizes these rights, which makes it difficult to determine the secondary obligations arising from the breach of the obligations arising from human rights.
Certain Legal Aspects of Family Businesses in Hungary
Certain Legal Aspects of Family Businesses in Hungary
(Certain Legal Aspects of Family Businesses in Hungary)
- Author(s):János DÚL
- Language:English
- Subject(s):Business Economy / Management, Micro-Economics, Law on Economics, Socio-Economic Research
- Page Range:156-171
- No. of Pages:16
- Keywords:family business; family firm; family enterprise; civil law; business law;
- Summary/Abstract:The aim of the paper is to examine some of the issues related to family businesses in Hungary. Family businesses are a popular topic in both international and domestic economic literature, but the legal aspects have been less studied, and there has been no legislation or legal definition in Hungary. The study was primarily based on the relevant literature, together with the relevant legal sources. My main insight is that the various factors identified in the economics literature, which have been used in research, also serve as a valuable basis for the law, but it is important to place these factors in the appropriate civil law context. This is what this paper attempt to do, by providing a comprehensive concept that could also serve as a starting point for legislation.
Coercive Administrative Measures Applied in Financial Legal Relations According to Bulgarian Legislation
Coercive Administrative Measures Applied in Financial Legal Relations According to Bulgarian Legislation
(Coercive Administrative Measures Applied in Financial Legal Relations According to Bulgarian Legislation)
- Author(s):Antoniya METODIEVA
- Language:English
- Subject(s):National Economy, Economic policy, Law on Economics, Socio-Economic Research
- Page Range:172-183
- No. of Pages:12
- Keywords:coercive administrative measures; legality; money laundering; financial legislation;
- Summary/Abstract:The report examines the enforced administrative measures applied in financial legal relations according to Bulgarian legislation. The enforced administrative measures are considered as a form of state coercion for the fulfillment of obligations arising from financial legal norms and the principles they should be based on. A definition of enforced administrative measures according to Bulgarian legislation is provided. The principles of legality, proportionality, restrictive interpretation of the substantive legal provisions in their application, and actions of the administrative body in conditions of bound competence are examined. The main role of these measures in preventing, stopping, or removing the harmful consequences of administrative violations is analyzed, as well as their specific goal of eliminating the administrative violation and its consequences, rather than sanctioning the violator, and their effect over time. The specific enforced administrative measures that are legislatively regulated in Bulgarian financial laws, such as the sealing of a commercial establishment and others, the supervisory measures imposed by the Bulgarian National Bank, the deadlines for their judicial contestation, and the competent court before which the complaint is filed, are studied. The enforced administrative measures in money laundering, such as measures for the prevention of the financial system, are considered. Current judicial practice of Bulgarian courts in contesting enforced administrative measures through judicial proceedings is cited.
The “Criminal” Nature of the Measure of Suspension of the Operating Authorization of a Legal Person as a Tax Warehouse
The “Criminal” Nature of the Measure of Suspension of the Operating Authorization of a Legal Person as a Tax Warehouse
(The “Criminal” Nature of the Measure of Suspension of the Operating Authorization of a Legal Person as a Tax Warehouse)
- Author(s):Anca-Lelia Lorincz
- Language:English
- Subject(s):Business Economy / Management, Law on Economics, Socio-Economic Research, EU-Legislation, Sociology of Law
- Page Range:184-199
- No. of Pages:16
- Keywords:criminal liability of the legal person; the general excise duty regime; tax warehouse; the primacy of European Union law; presumption of innocence;
- Summary/Abstract:The issue of liability of the legal person, in the context of discussing the "challenges of business law in the third millennium", gives us the opportunity to address some aspects regarding the qualification as "criminal sanctions" of some administrative measures taken in fiscal terms. Using, as research methods, documentation, interpretation and comparative scientific analysis, the present study brings to attention the need to continue the process of harmonizing national legislation with European Union law, with a view to the uniform application of a general regime of excise duties. Starting from a recent decision of the Court of Justice of the European Union (Judgement of 23 March 2023) regarding two preliminary questions formulated by a Romanian court, and considering the fact that the phrase "in criminal matters" has a wider meaning in Union law compared to the one in the Romanian legislation, this paper also concludes with a concrete legislative amendment proposal to avoid the risk of violating, in certain situations, the principle of the presumption of innocence against the legal person that functions as a tax warehouse.
Tax Evasion - Between Legality and Crime
Tax Evasion - Between Legality and Crime
(Tax Evasion - Between Legality and Crime)
- Author(s):Oana Elena Bran
- Language:English
- Subject(s):National Economy, Business Economy / Management, Law on Economics, Fiscal Politics / Budgeting, Socio-Economic Research, Sociology of Law
- Page Range:200-207
- No. of Pages:8
- Keywords:tax evasion; taxation; crime; economic crimes;
- Summary/Abstract:Tax evasion is an economic-social phenomenon of great scope and interest, located at the crossroads between the economic and legal fields, which many states face and which has become a topic debated more and more often in practice, considering the extension of this phenomenon to all types of companies. Historically, tax evasion has existed since the first tax regulations. To understand this phenomenon, it is necessary to know its causes. Thus, among the most controversial causes of tax evasion are: the way tax legislation is designed and applied, the low level of tax education, the lack of effective controls, the lack of staff training, etc.
Cumulation of Disciplinary Liability with Other Forms of Legal Liability
Cumulation of Disciplinary Liability with Other Forms of Legal Liability
(Cumulation of Disciplinary Liability with Other Forms of Legal Liability)
- Author(s):Mihaela-Emilia Marica
- Language:English
- Subject(s):Business Economy / Management, Law on Economics, Socio-Economic Research, Sociology of Law
- Page Range:208-215
- No. of Pages:8
- Keywords:disciplinary liability; work discipline; disciplinary misconduct; disciplinary sanction;
- Summary/Abstract:In order to provide a better legal understanding of how other forms of legal liability collide with disciplinary liability - a form of liability specific to labour law - this article will examine, on the one hand, the specifics of domestic regulations on the possibility of combining the employee's disciplinary liability with other legal forms of liability, and on the other hand, the evolution of case law in the field of disciplinary liability which, as we shall show, profoundly influences the way in which legal texts are interpreted and applied.
Changing Circumstances and the Crisis of International Law. The Rebus Sic Stantibus and Its Use in Legal, Political and Contemporary History
Changing Circumstances and the Crisis of International Law. The Rebus Sic Stantibus and Its Use in Legal, Political and Contemporary History
(Changing Circumstances and the Crisis of International Law. The Rebus Sic Stantibus and Its Use in Legal, Political and Contemporary History)
- Author(s):Nathaniel Boyd
- Language:English
- Subject(s):International Law, Political history, Social history, Sociology of Law
- Page Range:217-229
- No. of Pages:13
- Keywords:rebus sic stantibus; international law; politics; crises; treaties;
- Summary/Abstract:In the current era of overlapping crises, we are discovering new vulnerabilities in international law. 'Rebus sic stantibus' is the principle that treaties and agreements can be revised or annulled when significant changes in circumstances occur, thereby undermining the stability and predictability of international relations. By analysing legal, political and contemporary history, the article explores how this principle has been used and interpreted in different contexts. It examines relevant case studies that highlight the application or rejection of this principle in the face of political crises and significant changes in the international landscape. Discussions on the authority and effectiveness of international law in the face of current challenges are also relevant, and possible directions for future development of this concept are suggested.
The Role of Artificial Intelligence in the Digital Banking System
The Role of Artificial Intelligence in the Digital Banking System
(The Role of Artificial Intelligence in the Digital Banking System)
- Author(s):Daniela Duță, Isabelle Oprea
- Language:English
- Subject(s):Accounting - Business Administration, ICT Information and Communications Technologies, Socio-Economic Research
- Page Range:230-244
- No. of Pages:15
- Keywords:financial-banking system; artificial intelligence; digital bank; algorithms;
- Summary/Abstract:This paperwork follows the role and impact of artificial intelligence (AI) in the financial-banking system. By analyzing systems that use AI in business relationship initiation, decision-making processes, analytics, risk management, cyber security and customer experience, AI technology is considered to have revolutionized the way banks operate. It also discusses the advantages, disadvantages and challenges associated with the implementation of AI in the banking industry, as well as the future prospects of this field in the context of the continuous development of technology. The paper emphasizes the importance of effective adaptation to this technological evolution to ensure competitiveness and customer satisfaction in the current financial banking environment.
Possibilities for the Use of Artificial Intelligence in the Activities of the Judiciary
Possibilities for the Use of Artificial Intelligence in the Activities of the Judiciary
(Possibilities for the Use of Artificial Intelligence in the Activities of the Judiciary)
- Author(s):Diana Dimitrova, Darina Dimitrova
- Language:English
- Subject(s):ICT Information and Communications Technologies, Philosophy of Law, Sociology of Law, Court case
- Page Range:245-258
- No. of Pages:14
- Keywords:judiciary; court proceedings; digitalization; artificial intelligence;
- Summary/Abstract:The implementation of artificial intelligence (AI) in various parts of the workforce is already a fact, but the impact of technology is in all areas of public life. Digitalization not only affects economic processes, it also leads to a transformation in the sphere of judicial proceedings. In Bulgaria, as part of the European Union, the digitalization of the judicial system is based on acts of the European Parliament transposed into national legislation. The aim of this paper is to examinate current issues related to various possibilities of using AI in the activities of the judiciary and to discuss the results. In order to realize the set goal, the authors use the traditional methods of legal research - induction, deduction, normative and comparative analysis. On the basis of the study conclusions are drawn about the need for improvement of the legal framework, need of professional knowledge in the field of information technology of the employees in the judiciary. The present study was developed in the framework of the national scientific project NPI № 57 of 2022 on the topic "Legal Relations and Status of Persons in the Judiciary in the Conditions of Digitalization".
MiCA: Direct Applicability Coupled with Challenges for the National Legislation
MiCA: Direct Applicability Coupled with Challenges for the National Legislation
(MiCA: Direct Applicability Coupled with Challenges for the National Legislation)
- Author(s):Alexander Kult, Petr Tomčiak
- Language:English
- Subject(s):Law on Economics, ICT Information and Communications Technologies, Socio-Economic Research, EU-Legislation
- Page Range:259-268
- No. of Pages:10
- Keywords:MiCA; crypto-assets; choice of law; complaint handling; financial regulation;
- Summary/Abstract:On June 9, 2023, the Markets in Crypto Assets Regulation (MiCA) was published in the Official Journal of the European Union as a comprehensive regulatory framework for the crypto industry in the EU. This paper aims to critically assess the selected issues of national law in conflict with directly applicable rule MiCA. Authors deal with problematic issues, such as the question of an unambiguous choice of law in relation to the Rome I Regulation which provides protection to the consumers by means of their domestic law. Secondly, authors discuss the complaint handling procedure under MiCA, especially the conflict between specific MiCA rules and national rules for enforcement. The paper brings questions of whether it is lex specialis vis-à-vis national rules on the enforcement of rights arising from defective performance or not. It is therefore necessary to assess whether the complaints regime constitutes only an expression of dissatisfaction with the provider's conduct or whether it also constitutes an expression of dissatisfaction with the quality or quantity of the contractual performance. The paper is accompanied by an insight into the implementation regime of Czech law as well as the current regulation of crypto-service providers from the perspective of the Estonian AML Act.
Peculiarities and Controversies Regarding the Credit (Financing) Agreement
Peculiarities and Controversies Regarding the Credit (Financing) Agreement
(Peculiarities and Controversies Regarding the Credit (Financing) Agreement)
- Author(s):Valeria Gheorghiu
- Language:English
- Subject(s):Law on Economics, Socio-Economic Research, Sociology of Law
- Page Range:269-282
- No. of Pages:14
- Keywords:contract; credit; money; interest; loan; damages;
- Summary/Abstract:From the perspective of business law, the concept of "credit" has the following three valences, namely: the claim (amount of money/cash benefits), the payment term and the creditor's confidence in the debtor that the latter will honor its payment obligation when due. Thus, the financial-banking products existing on the market have a rather varied and complex content and structure. In order to satisfy the interests and needs of both categories of subjects, the legislator has established a series of rules, as protective measures, for each category. This type of credit/financing is used, both in social, selling, common law relations, as well as in legal business relationships, between professional traders. The present study aims to capture an analysis of the particularities of the credit agreement from the perspective of the two categories, consumers and professionals, as well as of the existing regulatory framework. For these reasons, we will discuss the primary legislation, as well as the secondary legislation, applicable in this field.
Perspectives Regarding the Reconfiguration of Rest Time in Current Romanian Law. The Right to Disconnect
Perspectives Regarding the Reconfiguration of Rest Time in Current Romanian Law. The Right to Disconnect
(Perspectives Regarding the Reconfiguration of Rest Time in Current Romanian Law. The Right to Disconnect)
- Author(s):Andrei-Radu Dincă
- Language:English
- Subject(s):National Economy, Business Economy / Management, Law on Economics, Human Resources in Economy, Socio-Economic Research, Labour and Social Security Law
- Page Range:283-294
- No. of Pages:12
- Keywords:right to disconnect; rest time; remote work; telework; work flexibility;
- Summary/Abstract:The digitization of activities became a constant sign of social evolution in recent decades. More and more professions allow the option to work remotely through information technology, resulting in exceptional flexibility in the way work is carried out for professionals in multiple fields. What seems like a flexible work schedule can turn into a permanent work schedule, and the assessment of its impact on employees can be determined by quantifying the high number of people who have complained of professional burnout in the last period. The purpose of this paper is to identify a viable legal mechanism for protecting workers against the possibility of carrying out a long activity, exceeding the maximum working time regulated by law. Finally, the author formulates a de lege ferenda proposal regarding the need to regulate the right to disconnect in Romanian legislation.
International Law: The Lost Metaphor? Reflections on the Current Wars
International Law: The Lost Metaphor? Reflections on the Current Wars
(International Law: The Lost Metaphor? Reflections on the Current Wars)
- Author(s):Paulo de Brito
- Language:English
- Subject(s):International Law, Philosophy of Law, Sociology of Law
- Page Range:296-303
- No. of Pages:8
- Keywords:international law; use of force; collective punishment; self-defence;
- Summary/Abstract:The wars currently ravaging our planet lead us to question the normative character of international law with its corresponding imperativeness. Are we facing the decay of international law, as Anthony Carty2 wrote in the last century? Has the metaphor been lost? Is there still any hope for tomorrow? We will analyse the current war situation to question the imperative normativity of international law. On this subject, Martti Koskenniemi3 wrote "From Apology to Utopia" and later "The Gentle Civilizer of Nations": has international law lost this character? The answer will remain open, and this essay will be a speculative treatment of the subject.
The Operator in the Environmental Liability. The European Union and Portuguese Regime
The Operator in the Environmental Liability. The European Union and Portuguese Regime
(The Operator in the Environmental Liability. The European Union and Portuguese Regime)
- Author(s):Cristina Aragão Seia
- Language:English
- Subject(s):Energy and Environmental Studies, Environmental and Energy policy, EU-Legislation, Sociology of Law
- Page Range:304-325
- No. of Pages:22
- Keywords:environmental liability; operator; occupational activity; Directive 2004/35/EC; Decree-Law no. 147/2008;
- Summary/Abstract:The concept of operator and occupational activity are essential for determining the application of the environmental liability regime. The aim of this paper is to critically analyse those concepts as they are used in European Union legislation (Directive 2004/35/EC) and in Portuguese legislation (Decree-Law 147/2008) as well as the subjective scope of application of these diplomas, referring to options made by the legal systems of other Member States and the case law of the CJEU. In the end, we present some considerations that should enable greater and better application of the legal regime of environmental liability.
The Protection of Ukrainian Migrants in Portugal, from the International and European Regime to Portuguese Law
The Protection of Ukrainian Migrants in Portugal, from the International and European Regime to Portuguese Law
(The Protection of Ukrainian Migrants in Portugal, from the International and European Regime to Portuguese Law)
- Author(s):Fátima Castro Moreira, Barbara Magalhães
- Language:English
- Subject(s):Human Rights and Humanitarian Law, EU-Legislation, Sociology of Law, Russian war against Ukraine
- Page Range:326-342
- No. of Pages:17
- Keywords:refugees; asylum; temporary protection; Ukraine; EU; Portugal;
- Summary/Abstract:The war in Ukraine caused a major humanitarian crisis, leading thousands of civilians to leave the country and seek refuge in third countries. In this perspective, rather than being migrants, the people fleeing this war shall be considered as refugees in accordance with the 1951 Refugee Convention and its 1967 Protocol. Council Directive 2001/55, of July 2001 created a special procedure to deal with a “mass influx” of people in need of international protection. Due to the war in Ukraine, this Directive was triggered by EU Council Decision 2022/382 of 4 March 2022. In this sequence, in response to the need for assistance to and protection of refugees, Portugal presented a plan for their reception, having established a legal regime delimiting criteria for their protection, as well as the scope of temporary protection to be granted under the decree-law 24- B/2022. We propose to analyse the protection regime granted, considering the criteria defined by Public International Law and European Union Law, to assess the convenience, opportunity and sufficiency of the measures implemented before proposing solutions consistent with the humanitarian crisis-situation experienced in Europe, and the reception and integration of these migrants.
Romania’s Accession Process to the Organisation for Economic Cooperation and Development, Prospects, Advantages and Compatibility
Romania’s Accession Process to the Organisation for Economic Cooperation and Development, Prospects, Advantages and Compatibility
(Romania’s Accession Process to the Organisation for Economic Cooperation and Development, Prospects, Advantages and Compatibility)
- Author(s):Adrian Țuțuianu, Anca Cristina Păiuşescu
- Language:English
- Subject(s):National Economy, Economic policy, International relations/trade, Socio-Economic Research
- Page Range:343-355
- No. of Pages:13
- Keywords:Romania; OECD; application; roadmap; OECD legal frameworks; evaluation; reform;
- Summary/Abstract:Romania’s accession to the Organisation for Economic Co-operation and Development (OECD) is, after joining NATO and the EU, the most ambitious foreign policy objective. Romania submitted its application for membership to the OECD in 2004, repeated in 2012 and 2016. The mission, objectives, areas of expertise of the organisation and the stages of accession are little known in Romania. The OECD Council Ministerial meeting in June 2022 adopted the roadmap setting out the terms, conditions and stages of our country’s accession process. The paper aims to present the objectives and role of the OECD, the mission, values and principles of the organisation, the internal organisation structure, the steps taken by Romania, the institutional framework, as well as the areas identified in the roadmap that will be the subject of the OECD Committees’ technical assessment.
Invalidity of Treaties, as a Legal Sanction Specific to Public International Law
Invalidity of Treaties, as a Legal Sanction Specific to Public International Law
(Invalidity of Treaties, as a Legal Sanction Specific to Public International Law)
- Author(s):Adrian Corobana
- Language:English
- Subject(s):International Law, Law on Economics, Sociology of Law
- Page Range:356-373
- No. of Pages:18
- Keywords:invalidity of treaties; legal sanction; public international law;
- Summary/Abstract:While in domestic law, the sanction of invalidity is often encountered in practice in both substantive and procedural law, the same cannot be said of the sanction of invalidity in public international law. This paper aims to analyse this legal institution of public international law by identifying the main grounds for invalidity of treaties. Using the research methods of law in general and public international law in particular, by researching its sources, identifying the customs and practice of States in this area, the paper aims to demonstrate that the invalidity of international treaties is a legal sanction specific to public international law. The paper contributes to the creation of a general theory of legal sanction in public international law.
Constitutional Aspect through the Prism of International Principles
Constitutional Aspect through the Prism of International Principles
(Constitutional Aspect through the Prism of International Principles)
- Author(s):Olga Tatar, Alexandr Sosna
- Language:English
- Subject(s):Constitutional Law, International Law, Law on Economics, Sociology of Law
- Page Range:374-391
- No. of Pages:18
- Keywords:international treaty; conflict of laws; rule of power; power rights; obligations;
- Summary/Abstract:I would like to note that, in contrast to substantive legal norms, which establish the content of the rights and obligations of individuals and legal entities of private international law and at the same time regulate their behavior, the conflict of law norm determines the law of which state can be applied to a given relationship. A very significant difference between the conflict of laws rule and a number of subsequent regulations is the overcoming of the conflict of laws problem by determining the applicable law. In the case when we are talking about the connection of a private law relationship with the legal order of several states, the question arises: by the law of whose state is it possible to resolve this issue. The likelihood of national authorities applying foreign law is the main difficulty of private law. The application of foreign law is possible due to the provisions of national legislation, as well as an international treaty.
Decentralization in Public Administration and Redefining Power for More Effective Governance
Decentralization in Public Administration and Redefining Power for More Effective Governance
(Decentralization in Public Administration and Redefining Power for More Effective Governance)
- Author(s):Cristian Dumitrescu
- Language:English
- Subject(s):Business Economy / Management, Governance, Public Administration, Economic policy, Accounting - Business Administration
- Page Range:393-402
- No. of Pages:10
- Keywords:public administration; decentralization; administrative deconcentration; local autonomy; local collectivities; power; state;
- Summary/Abstract:Local Autonomy and Administrative Decentralization are fundamental principles in the state organization of power, in building the rule of law, in the development of democracy at all levels. Decentralization is an essential principle in the construction of Public Administration. Along with Local Autonomy and the Deconcentration of Public Services, this principle contributes to defining the way in which power and responsibility are distributed between the different levels of administration, with the aim of improving the efficiency and relevance of decisions made according to the needs and particularities of communities. Described as a transfer of administrative and financial powers from central Public Administration to local Public Administration, Decentralization is seen as a tool that facilitates more effective management of community and citizen needs. Putting the citizen at the centre of administrative reform strategies is a common point in governments’ efforts. The objective of making the Administrative System more efficient and closer to the citizen reflects a desire to improve the experience and satisfaction of citizens in the interaction with the Public Administration. Even if ambitious goals are included in governance programmes and reform strategies, their effective implementation requires administrative capacity and effective coordination. Sometimes implementation can be hampered by insufficient resources, lack of expertise, or lack of a coordinated approach between different entities and levels of Administration.
Exercising the Right of Preemption in the Field of National Cultural Heritage
Exercising the Right of Preemption in the Field of National Cultural Heritage
(Exercising the Right of Preemption in the Field of National Cultural Heritage)
- Author(s):Gabriela Teodoru
- Language:English
- Subject(s):Museology & Heritage Studies, Culture and social structure , Law on Economics, Socio-Economic Research
- Page Range:403-424
- No. of Pages:22
- Keywords:movable national cultural heritage; classification of cultural assets; historical monuments; right of pre-emption; legal pre-emptors; freely consented sale; forced sale;
- Summary/Abstract:The national cultural heritage includes all assets identified as such, regardless of their ownership regime, which represent a testimony and an expression of values, beliefs, knowledge and traditions in continuous evolution; it includes all the elements resulting from the interaction, over time, between human and natural factors. Any state understands to protect in a more or less restrictive manner certain goods which, regardless of whose property the subject of law is in - public or private, constitute special values, testimony of its historical development, often contributions to the creation of the values of universal culture. The right of preemption is one of the measures that states keep in order to achieve these objectives. By establishing this right, the Romanian State pursued, on the one hand, the possibility of maintaining in the state heritage buildings of historical and cultural importance, precisely to ensure the restoration, preservation and conservation of these goods, in much better conditions than in private patrimony of natural or legal persons, and, on the other hand, emphasizing the importance of conservation and restoration in the order of priorities of the actions to be taken on historical monuments that, following the exercising of the preemption procedures, enter the civil circuit. In order to better understand the possible shortcomings of the normative framework, but also the real possibilities of circumventing the legal restrictions regarding the legal circulation of goods from the national cultural heritage, it is necessary to carry out continuous studies, especially from a jurisprudential perspective. The analysis of the administrative work procedures on the occasion of the exercise of the right of preemption and of the court rulings given in the cases regarding the sale of such goods is a good source for understanding the phenomenon and for the elaboration of legal proposals.
The Controversies of Israel Judiciary Reform
The Controversies of Israel Judiciary Reform
(The Controversies of Israel Judiciary Reform)
- Author(s):Ovidiu Horia Maican
- Language:English
- Subject(s):Constitutional Law, Politics and law, Sociology of Law
- Page Range:425-435
- No. of Pages:11
- Keywords:Israel; judiciary; Constitution; Supreme Court; judicial review; judicial independence;
- Summary/Abstract:In the last months, Israel faced with a very contested and divisive draft bill from the behalf of the government, putting into discussion the relation the three powers in the state. The draft bill in the parliament is aimed at limiting Supreme Court oversight of government policy has deepened social divisions and raised concerns about a possible democratic comeback. The Knesset passed a law that overturns the "principle of common sense" used by Israel's Supreme Court to evaluate government policies. This is especially the case in Australia, Canada and the UK. Judges decide whether a particular public policy is reasonable and sound. Because Israel is a parliamentary system, the proposed reforms, including weakening judicial oversight and changing the way judges are appointed, would shake the balance of power between Israel's government agencies. Opponents argue, future changes will destabilize Israeli democracy. Supporters of the reform argue the opposite, arguing that the judiciary has become an unaccountable government agency that usurps policy-making power from the Knesset and the government.
Legal Responsibility in the Operating Room in the Particular Case of Retained Surgical Foreign Bodies
Legal Responsibility in the Operating Room in the Particular Case of Retained Surgical Foreign Bodies
(Legal Responsibility in the Operating Room in the Particular Case of Retained Surgical Foreign Bodies)
- Author(s):Raluca Laura Dornean Păunescu
- Language:English
- Subject(s):Civil Law, Health and medicine and law, Sociology of Law
- Page Range:436-454
- No. of Pages:19
- Keywords:legal liability; operating room; foreign body; health refor;
- Summary/Abstract:The study presents an analysis of legal liability in the operating room, in the hypothesis of a retained surgical foreign bodies, as well as the interpretation of the procedure for completing the checklist of surgical procedures, imposed by Order no. 1,529 of December 13, 2013 issued by the Romanian Ministry of Health. Ab initio, there are exposed the legal status of civil liability in medical activity, the definitions of medical personnel and the notion of malpractice, as well as aspects related to the prescription of the right of action and the competent court in such cases. In corollary, jurisprudential elements related to the medico-legal expertise and the relevant conclusions of such evidence administered in the civil process are highlighted.
Quality and Interest to Address the Romanian National Council for the Settlement of Complaints in the Field of Public Procurement in Judicial Practice
Quality and Interest to Address the Romanian National Council for the Settlement of Complaints in the Field of Public Procurement in Judicial Practice
(Quality and Interest to Address the Romanian National Council for the Settlement of Complaints in the Field of Public Procurement in Judicial Practice)
- Author(s):Anamaria Groza
- Language:English
- Subject(s):Civil Law, Sociology of Law, Court case
- Page Range:455-461
- No. of Pages:7
- Keywords:public procurement; judicial remedies; harmed person; contracting authority; quality to contest; interest to contest;
- Summary/Abstract:Any person who considers to be harmed in its rights or legitimate interests through an act of a contracting authority or through an unsolved demand in the legal term can ask the annulment of the act, the coercion of the contracting authority to emit an act or to adopt a remedy measure, to acknowledge the pretended right or the legitimate interest through administrative-judicial review or through judicial review, according to Law no. 101/2016. The person considered affected is any economic operator which fulfils in the same time the next conditions: "has or had an interest in relation to a procurement procedure" and "suffered, suffers or risk suffering a prejudice as a consequence of an act delivered by the contracting authority, able to generate judicial effects or as a consequence of an unsolved demand in the legal term concerning a procurement procedure". The aim of the article is to underline the fact that it is not necessary for the economic agent to have submitted an offer in the procedure; in order to justify its quality and interest to contest acts or operations of the contracting authority pretended to be harmful.
Double-Edged Sword of Lapse of Arbitral Award as a Ground for Annulment
Double-Edged Sword of Lapse of Arbitral Award as a Ground for Annulment
(Double-Edged Sword of Lapse of Arbitral Award as a Ground for Annulment)
- Author(s):Sofia Cozac
- Language:English
- Subject(s):Civil Law, Sociology of Law, Court case
- Page Range:462-477
- No. of Pages:16
- Keywords:lapse of the arbitral award; arbitration; arbitration rules; Romanian Code of Civil Procedure; annulment of the arbitral award;
- Summary/Abstract:Raising the exception of the lapse of the arbitral award (caducitate) in the arbitration proceedings has certain implications and effects. What expectations we should have when invoking the lapse of the arbitral award within the arbitration proceedings and how this can be successfully invoked in a claim to set aside an arbitral award, will be considered in the following article. Furthermore, the analysis of the relevant case law on the subject matter will help us understand this institution and to use it properly.
