Diversity and Interdisciplinarity in Business Law
Diversity and Interdisciplinarity in Business Law
Contributions to the 7th International Conference Perspectives of Business Law in the Third Millennium
Contributor(s): Adriana Moţatu (Editor), Ioana Nely Militaru (Editor)
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: business law; tax law; criminal law; labor law; information society; environmental law;
Summary/Abstract: This volume contains the scientific papers presented at the Seventh International Conference „Perspectives of Business Law in the Third Millennium” that was held on 24 November 2017 at Bucharest University of Economic Studies, Romania. The scientific studies included in this volume are grouped into six chapters: Business Law and Investments, Criminal Law in Business Context, Business Tax Law, Labor Law, Business Law and Information Society, Environmental Law and Business. 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.
- E-ISBN-13: 978-606-94312-2-1
- Page Count: 305
- Publication Year: 2017
- Language: English
Prolegomena to the Study of Heraldic Insignia: from the Medieval Coat of Arms (XIV-XVI Century) to the Heraldic Insignia of Institutions and Societies in Contemporary Law. Evolution, Legal Regime, Effects, Legal Protection, Prohibitions
Prolegomena to the Study of Heraldic Insignia: from the Medieval Coat of Arms (XIV-XVI Century) to the Heraldic Insignia of Institutions and Societies in Contemporary Law. Evolution, Legal Regime, Effects, Legal Protection, Prohibitions
(Prolegomena to the Study of Heraldic Insignia: from the Medieval Coat of Arms (XIV-XVI Century) to the Heraldic Insignia of Institutions and Societies in Contemporary Law. Evolution, Legal Regime, Effects, Legal Protection, Prohibitions)
- Author(s):Claudiu Ramon D. Butculescu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:11-18
- No. of Pages:8
- Keywords:coat of arms; heraldry; intellectual property; emblem;
- Summary/Abstract:This paper addresses certain issues regarding the legal status of heraldic symbols used by institutions and companies, in the framework of contemporary law, viewed from a historical perspective. The analysis starts with the legal regime of the medieval crests and coat of arms, and continues with the analysis of the rights that legal entities can exercise over the heraldic insignia, especially contemporary institutions and companies. The rights stemming from the use of heraldic insignia by institutions and companies are analyzed also from a legal perspective, both in terms of the ownership of such symbols, and from the perspective of the rights of use, which companies or institutions may have concerning with respect to these heraldic signs. To the same purport, the analysis concerning the continuity of legal rights over heraldic insignia is briefly studied, starting from the historical sources of the heraldic elements to the current civil law and regulations. Also, the article presents proposals for a law on the protection of heraldic elements related to the protection of historical crests and symbols, as well as a comparative analysis of European and international legislation on this matter. At the end of the paper, short conclusions are presented, in which the author seeks to clarify the legal status of heraldic insignia that can be used by legal persons, as well as certain prohibitions and legal safeguards.
Punitive Damages and the Extent of its Application in the Iraqi and Romanian Competition Laws
Punitive Damages and the Extent of its Application in the Iraqi and Romanian Competition Laws
(Punitive Damages and the Extent of its Application in the Iraqi and Romanian Competition Laws)
- Author(s):Al Jashami Muhammed Khariy Qsair
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:19-26
- No. of Pages:8
- Keywords:punitive damages; competition law; fines; consumer;
- Summary/Abstract:Punitive damages continue to take a large part of the jurisprudential debate between law scholars between supporters and opponents for reasons of constitutionality. This research is an attempt to determine the possibility of applying punitive damages incompetition laws. The researcher adopts the method of analyzing and comparing legal texts. The results of the study highlight the importance of punitive damages in competition laws.
When the Trademark Owner is not also the User. Consequences for the Asset Valuation. The Judiciary Technical Expert's Point of View
When the Trademark Owner is not also the User. Consequences for the Asset Valuation. The Judiciary Technical Expert's Point of View
(When the Trademark Owner is not also the User. Consequences for the Asset Valuation. The Judiciary Technical Expert's Point of View)
- Author(s):Raul Sorin Fântână
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:27-35
- No. of Pages:9
- Keywords:intellectual property; counterfeiting; tacit licence; title holder; evaluation; unfair competition; transactional relationships
- Summary/Abstract:The intangible asset valuation is increasingly important both to the judicial practice and private activity. There are dozens of intellectual property trials in Romania annually, of which a significant number are related to the violation of rights and, implicitly, to the assessment of the prejudice. Wishing to remain the owner of the intangible asset even when the company enters into a potential insolvency procedure, the owner of the company protects his asset by his own name, but forgets or fails to establish a transfer of rights agreement between himself and his company - usually a license, so that the use by the firm of their own asset, e.g. a trademark, be fully legal. The fair valuation of the asset as well as of the loss must have as main source the accounting data of the parties to the process. This paper highlights both the difficulties encountered in the evaluation process when the trademark owner is not the user, and some of the consequences for the asset evaluation process. The material is based on real-life situations in the practice of over 20 years as a judicial expert of the author and seeks to be a real support in the act of justice.
Considerations Regarding the Cases of Nullity of Fusion. Nullity for Majority Abuse. Aspects of Comparative Law
Considerations Regarding the Cases of Nullity of Fusion. Nullity for Majority Abuse. Aspects of Comparative Law
(Considerations Regarding the Cases of Nullity of Fusion. Nullity for Majority Abuse. Aspects of Comparative Law)
- Author(s):Viorel Bănulescu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:36-47
- No. of Pages:12
- Keywords:merger nullity; company nullity; abuse of law; abuse of majority;
- Summary/Abstract:In this article we will present the nullity causes that occur in the merger of commercial companies. In the first part we will enumerate some definitions of the concept of nullity of the merger (section 1), then we will analyze two nullity causes, to distinguish the nullity of the merger from the nullity of the company (section 2). In section 3 we will analyze the concept of majority abuse as a variety of abuse of the law by proposing, de lege ferenda, the incorporation of this situation among the causes of the nullity of the merger (section conclusions).
The Obligation of Loyalty and Non-Competition of Administrators / Directors and Associates of Commercial Companies
The Obligation of Loyalty and Non-Competition of Administrators / Directors and Associates of Commercial Companies
(The Obligation of Loyalty and Non-Competition of Administrators / Directors and Associates of Commercial Companies)
- Author(s):Vasile Nemeş, Gabriela Fierbinţeanu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:48-59
- No. of Pages:12
- Keywords:administrator; commercial companies; loyalty; diligence; noncompetition;
- Summary/Abstract:Being the manager of another's assets is no longer a simple contractual relationship under the current circumstances. The duty of diligence, honesty and loyalty of the administrator towards the beneficiary receives a legal consecration in the new Civil Code as a sign that the general rule evolves sometimes anticipating the need to change the special rule. In this context, to talk about the loyalty of administrators considering the provisions of the Law no. 31/1990 on societies and about the tripartite partnership-administrator-associate-trading company from the perspective of diligence and honesty, why not extending the discussion to so-called fiduciary duties is a welcome approach for the authors, having in mind that there is sometimes a fierce demarcation line between negligence and fraud and inherent business risk. Another aspect that this article proposes for analysis is that of the noncompetitive obligation of associates from the perspective of the Civil Code and Law no. 31/1990 on societies, given that, although specific elements of competition are found in all areas and sectors of activity and between the different subjects of the legal relationship, it is undoubtedly that the most fierce competition is tobe found in commercial activities, being exercised either by businesses operating on the relevant market or by those who coordinate them .
Agency Contract in International Trade
Agency Contract in International Trade
(Agency Contract in International Trade)
- Author(s):Laura Rudnyanszky
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:60-80
- No. of Pages:21
- Keywords:convention on agency; international economic cooperation; international trade; legal operations;
- Summary/Abstract:Cooperation is, at the same time, a crucial condition of the new international economic order, expressed via the lato sensu international trade which embraces a limitless range of economic, technical, financial, banking and similar operations. The legal relations between the states acting as sovereign powers (de jure imperii), between them and the international government organizations, as well as the organizations falling within the sphere of public international law regulation and, more precisely, of international economic law and of international development law as branches of international public law, when such legal relations refer to the field of international economic cooperation. International commercial law and international public law also feature important points of convergence, essentially stemming from the element of internationality that characterizes in equal measure the legal relations that represent their subject of regulation. Thus, the fundamental principles of international public law also apply to within the international commercial law relations and, a fortiori, to those which involve the participation of the stat. The correlation between these two legal subjects is more obvious in certain situations, such as in terms of the consequences exerted by interstate economic agreements on international trade agreements.
Antitrust Law in the United States of America
Antitrust Law in the United States of America
(Antitrust Law in the United States of America)
- Author(s):Ovidiu Horia Maican
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:81-87
- No. of Pages:7
- Keywords:United States of America; antitrust; federal;
- Summary/Abstract:United States antitrust law is a collection of federal and state government laws that regulates the conduct and organization of business corporations, generally to promote fair competition for the benefit of consumers. (the concept is called competition law in other English-speaking countries.) The main statutes are the Sherman Act 1890, the Clayton Act 1914 and the Federal Trade Commission Act 1914. These acts restrict the formation of cartels, the mergers and acquisitions that could substantially harm competition. and the abuse of dominant position.
Public-Private Partnerships: No Investment without an Investor-State Dispute Settlement or Investment Court System
Public-Private Partnerships: No Investment without an Investor-State Dispute Settlement or Investment Court System
(Public-Private Partnerships: No Investment without an Investor-State Dispute Settlement or Investment Court System)
- Author(s):Samson Paschal
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:88-103
- No. of Pages:16
- Keywords:PPP; ISDS; NAFTA; dispute settlement; investment;
- Summary/Abstract:Investor-state dispute settlement (ISDS) is arguably a neutral procedure that isused for international arbitration. Similar to other types of labour, judicial or commercial arbitration, ISDS is also designed to resolve conflicts through the use of impartial approaches that are founded in law. This arbitration alternative has become increasingly commonplace in recent years and there are currently more than 3,000 such ISDS agreements in place around the world. It is important to note, though, that ISDS is an umbrella term that subsumes a number of different types of approaches, varying in terms of process and scope. The role played by ISDS in problems solving has made entities claim that there is no international investment without ISDS. This paper seeks to examine the role of ISDS to resolve problems in procurement contracts such as PPP.
Fraud Management in the Romanian Criminal Law. Direct Implications in Business Environment
Fraud Management in the Romanian Criminal Law. Direct Implications in Business Environment
(Fraud Management in the Romanian Criminal Law. Direct Implications in Business Environment)
- Author(s):Ioana-Minodora Rusu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:105-120
- No. of Pages:16
- Keywords:offense; preexisting elements; constitutive content;
- Summary/Abstract:In this paper we have investigated the fraudulent management offense, taking into account the provisions of the new Criminal Code. In this review, we have insisted on the constitutive content of the offense, the elements of differentiation between the rules in force and those laid down in the Criminal Code of 1969, as well as the transitional situations. We have also highlighted the continuation of the tradition of Romanian law, a tradition which implies the incrimination of this fact starting with the adoption of the first Romanian Criminal code of the modern period, namely the Criminal Code of 1864. We have also insisted upon presenting the implications of this crime in the business environment, emphasizing the need to prevent and combat this crime more effectively, contributing to increasing mutual trust in the business environment and, implicitly, to increasing confidence in the Romanian state institutions. The novelty elements are represented by the examination carried out in accordance with the new law, as well as the presentation of the judicial practice in the matter. The work is a small part of the criminal law course, the special part to be published at the Universul Juridic Publishing House at the beginning of next year. This paper may be useful to the business environment, law faculty students, and practitioners in the field.
The Embezzlement of Public Auctions in the Romanian Law. The Consequences of the Offense in the Business Environment
The Embezzlement of Public Auctions in the Romanian Law. The Consequences of the Offense in the Business Environment
(The Embezzlement of Public Auctions in the Romanian Law. The Consequences of the Offense in the Business Environment)
- Author(s):Bogdan Bîrzu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:121-132
- No. of Pages:12
- Keywords:offense; constitutive content; forms; modalities; sanctions;
- Summary/Abstract:In the present paper we have proceeded to examine the offense provided in the provisions of art. 246 of Criminal Law (embezzlement of public auctions) in the light ofthe provisions of the new law. The novelty elements brought by this paper are the examination of the offense according to the regulations of the law in force. Representing a novelty in the Romanian doctrine, examining the offense may be useful first of all for the business environment, students of law faculties, and theoreticians. As it is a new incriminationin the Romanian law, it can also be useful to practitioners in this field. The paper is part of an academic course to be published collectively early next year. The implications of this offense in the business environment are relevant.
Some Considerations on Deceit Offense in the Romanian Criminal Law. Implications in Business Law
Some Considerations on Deceit Offense in the Romanian Criminal Law. Implications in Business Law
(Some Considerations on Deceit Offense in the Romanian Criminal Law. Implications in Business Law)
- Author(s):Ion Rusu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:133-155
- No. of Pages:23
- Keywords:constitutive content; special forms of the crime of deception; judicial practice;
- Summary/Abstract:In the present study we have examined the constitutive content of the fraud offense in the light of the provisions of the new law. Against the backdrop of controversy in doctrine and judicial practice, we have insisted upon mentioning and summarizing the incriminations which in their essence constitute special forms of the crime of deception,such as: insurance fraud, misappropriation of public auctions, illegally obtaining funds and offense stipulated in art.181 of the Law no. 78/2000. Last but not least, we have presented some opinions expressed in the recent doctrine, as well as Decision no. 4/2016 of the CCCJ, the competent body to hear the appeal in the interest of the law. The novelty of the study relates to the examination of the constitutive content of the offense of deceit, with direct reference to doctrine and judicial practice in the matter, references to the offenses that constitute the special forms of this crime, the decision of the Supreme Court, and the implications of this crime in the environment business. The work may be useful for students of law faculties as well as for theoreticians and practitioners of criminal law. This research continues the research in this field, which will be materialized by the publication of a criminal law course, the special part.
Considerations on the Subjective Aspect of Corruption Offenses
Considerations on the Subjective Aspect of Corruption Offenses
(Considerations on the Subjective Aspect of Corruption Offenses)
- Author(s):Elisabeta Botian
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:156-163
- No. of Pages:8
- Keywords:subjective aspect; corruption offenses;
- Summary/Abstract:The group of corruption offenses in the New Criminal Code presents certain changes to the old legislation and to the subjective side of these types of offenses. Accepting and offering bribes can now be done with both direct and indirect intent because the legislator has removed the condition of purpose from the subjective side of the offenses. In this way, the range of acts considered to be illicit acts of bribe was expanded and there is no need to prove the existence of other psychic processes additional to those specific to guilt. It is sufficient for the activities that make up the material element of the facts to be made in connection with certain acts of service. Influence peddling has also been reformulated, and from its content the psychic processes of the purpose that characterized the intention have disappeared, therefore, this offense can be committed with the form of guilt of intent in both its forms: direct or indirect. The only incrimination in the group of corruption offenses that has maintained the essential requirement of the purpose in the content of the offense is the buying of influence, and the psychic processes of purpose are expressed by an equivalent expression, having the meaning of finality. In this sense of finality, the psychic processes of purpose may have several meanings, and in the case of the offense of buying influence, the meaning of expression used by the legislator is to adopt or obtain a certain conduct.
Customs Offenses: Notion, Award Criteria for Dangerous Socialment Facts to the Category of Customs Offenses. Comparative Study
Customs Offenses: Notion, Award Criteria for Dangerous Socialment Facts to the Category of Customs Offenses. Comparative Study
(Customs Offenses: Notion, Award Criteria for Dangerous Socialment Facts to the Category of Customs Offenses. Comparative Study)
- Author(s):Octavian Pasat
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:164-176
- No. of Pages:13
- Keywords:customs offence; socially dangerous deed; detrimental deeds; customs border; action; inaction; smuggling; evasion of customs payments;
- Summary/Abstract:In the course of this study, the investigation of customs offenses is attempted in accordance with the legislation of the Republic of Moldova and Romania in terms of the concept, evolution and the normative framework in force. The analysis carried out aims at: defining the concept of customs offense, as well as identifying the criteria on the basis of which a socially dangerous act is included in the category of customs offenses. Different research methods were used to carry out the study, including: analysis, synthesis, deduction, induction. However, the most used method was comparative considering the specifics of the subject under investigation. The concept of customs offenses, their scope, the limits of assigning socially dangerous acts in the category of customs offenses are strictly dependent on the normative framework of each state. In accordance with the criminal law of the Republic of Moldova or Romania, customs offenses are detrimental acts which may take the form of action or inaction committed intentionally, punishable by criminal penalties committed in the sphere of foreign economic activity in connection with the passage of goods across the customs frontier,the ignorance of customs regulations, facts that affect the values and social relations of the customs activity.
New Specific Techniques of Investigation for the Economic Offences
New Specific Techniques of Investigation for the Economic Offences
(New Specific Techniques of Investigation forthe Economic Offences)
- Author(s):Delia Magherescu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:177-192
- No. of Pages:16
- Keywords:specific techniques; forensic methods; economic offences; means of evidence;
- Summary/Abstract:The current paper focuses on the specific techniques of investigation for the economic offences as well as on the scientific results which have as a finality realizing the penal trial purpose, namely of finding truth and punishing perpetrators, guilty of committing offences in the economic field. In achieving the results of research, the classical methods of gathering evidence, specific for the forensic science, as the main ones are used, but, at the same time, it is insisted on the other innovative methods and techniques of comparative research as well as the analysis and synthesis in order to harmonize as much as possible all of the legal instruments the legislator provides the practitioners with on carrying out the purpose they were implemented for. As the main economic offences the tax evasion, money laundering, counterfeiting, trafficking in treasures, basically the underground economy will be analyzed. In carrying on the current research, certain proposal of de lege ferenda will be enunciated in purpose to improve the legal frame into force in this field.
The Legal Status of the Digital Certificate Used for Submitting Tax Returns Online, in Romania
The Legal Status of the Digital Certificate Used for Submitting Tax Returns Online, in Romania
(The Legal Status of the Digital Certificate Used for Submitting Tax Returns Online, in Romania)
- Author(s):Silvia Lucia Cristea
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:194-204
- No. of Pages:11
- Keywords:digital certificate; electronic signature; online tax returns; digital certification service provider;
- Summary/Abstract:This article analyses the legal status of the digital certificate in Romania, presenting first the steps a taxpayer has to take to submit online tax returns (section 1), the need to issue a power of attorney to the taxpayer's empowered person in order to obtain the electronic certificate (section 2), the importance of studying the legal nature of the digital certificate (section 3), why is not to be confused this digital certificate neither with the administrative fiscal act nor with an act of authority (sections 4 and 5), and which are the legal characteristics of the digital certificate as a legal act (in the Conclusions section).
A View on the VAT Split Procedure: the Estimated Effects of the Proposal for Regulation
A View on the VAT Split Procedure: the Estimated Effects of the Proposal for Regulation
(A View on the VAT Split Procedure: the Estimated Effects of the Proposal for Regulation)
- Author(s):Mihaela Tofan
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:205-215
- No. of Pages:11
- Keywords:VAT gap; split procedure; regulation;
- Summary/Abstract:In the context of the recent global financial crisis, the methods to efficiently collect the revenues to the public budget became a constant concern for every government. This is a major concern within the EU too, the member states looking for appropriate regulation to insure the fiscal sustainability. VAT split procedure is one of the proposed means of action and it was anticipated in EU Commission Green Paper on VAT in 2010. The main objective of implementing this new procedure to collect VAT is to reduce and, if possible, to eliminate the VAT gap. In theory, the procedure is estimated to reach its best results in more than 15 years of activity but there are already delays in implementingit. Italy was the first state in the EU to opt for this new procedure of collecting VAT. Romania, Poland and UK are about to follow this trend, but major discussions are ongoing both among academics, practitioners of taxation and politicians. Romanian proposal of regulation for VAT split procedure is strongly criticized, but the goals of the prevision and the EU regulation development trend will impose, eventually, this collection mechanism for all the member states.
The Bitcoin Currency - a New Instrument Used in Conducting Business?
The Bitcoin Currency - a New Instrument Used in Conducting Business?
(The Bitcoin Currency - a New Instrument Used in Conducting Business?)
- Author(s):Cătălin Cristian Selişteanu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:216-228
- No. of Pages:13
- Keywords:Bitcoin; criptocurrency; digital currency; transaction; banking institution;
- Summary/Abstract:The Bitcoin „phenomenon” has spread its wings especially over the past two years, experiencing an unprecedented growth and being supported by several companies from the international scene. The result is the possibility of buying goods and services using the Bitcoin currency. But the most important thing is the state support which, at the present time, either does not exist, or is in the moment of granting, requiring time. Bitcoinis a cryptocurrency created and given to users (located in front of a computer connected to the Internet) who solve a special category of mathematical problems. Computers around the world „extract” Bitcoin, competing with each other. This extraction can become quite competitive among users because new Bitcoins are created at a predictable and fixed rate. The more users join the network, the more difficult it becomes to make a profit for each of them. Bitcoin is mainly used in the Hidden Internet - that portion of the Internet that is not accessible to the general public through a regular browser - in purchasing illegal goods and services.
Tax Mediation in Portuguese Legal Ordinance: De Iure Condendo(?)
Tax Mediation in Portuguese Legal Ordinance: De Iure Condendo(?)
(Tax Mediation in Portuguese Legal Ordinance: De Iure Condendo(?))
- Author(s):Cláudia Figueiras
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:229-246
- No. of Pages:18
- Keywords:litigation; mediation; legality; unavailability; equality;
- Summary/Abstract:Mediation is an ADR which falls within the category of means of self-determination and which presupposes the intervention of a third party a mediator whose functionis to bring the parties together in a dispute in order to conclude an agreement between them. In the Portuguese legal system, it is not possible to mediate disputes between taxable persons and the Tax Administration. There are several obstacles to the mediatability of litigation in tax matters. In particular, we are thinking about the principles of legality, the unavailability of the tax credit, and equality. In this paper, it is sought to ascertain if these obstacles are absolute, not allowing any openness to the legality of legal-tax disputes, or if, on the contrary, they are not absolute, making feasible the thinking of creating a relation between Law Taxation and mediation. Adopting a method based essentially on dogmatic analysis, it is believed that it is possible to recognize the legality of legal-tax disputes, albeit within certain limits. The mediation will allow a closer approximation between the parties - taxable person and the Tax Administration - thus contributing to the creation of a greater ethical-tax awareness and, in this way, to the reduction of litigation.
Emigration of Croatian Workforce after Country Joined the European Union
Emigration of Croatian Workforce after Country Joined the European Union
(Emigration of Croatian Workforce after Country Joined the European Union)
- Author(s):Anton Petričević
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:248-258
- No. of Pages:11
- Keywords:education reform; lack of employment opportunities; demographic reform; creative ideas of young people; mass emigration;
- Summary/Abstract:The biggest problem Croatia is facing at the moment is mass emigration of its workforce. This situation has several factors in its background, such as: terrible economic situation, inability of employment, lack of perspective for young people, slow, large and inefficient public administration, financial instability, poor standard of living, tax repression, job insecurity, and insufficient engagement of the State to improve conditions through education reform and better use of available resources of the state. Most common reasons of emigration of our workforce are better job opportunities and better salary, better working and life conditions in the country of immigration, better possibilities for education and specialization, better possibilities of fulfilling ones values, acknowledged status according to effort and devotion, better and safer existence. It is both urgent and necessary to keep the workforce and stop its emigration because without young and perspective people and their creative ideas, there will be lack of development and prosperity in Croatia. Methods used in this paper were: method of analysis, method of synthesis, method of case study and method of observation.
Collective Dismissal in Turkish Labor Law
Collective Dismissal in Turkish Labor Law
(Collective Dismissal in Turkish Labor Law)
- Author(s):Nezihe Binnur Tulukçu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:259-267
- No. of Pages:9
- Keywords:job reassurance; dismissal; labor law; technology requirements;
- Summary/Abstract:The system for the protection of workers against termination is called as job reassurance in practice and teaching in general. Indeed, in the legal systems of countries that adopt this assurance, it has become necessary to establish a balance between freedom of contract, employer’s freedom of enterprise, and the protection of the authority of the employer and the removal of workers from the job. Job reassurance should not mean that the worker can not be removed of workers from the work. In business law, the protection of the work is as important as the protection of the worker. It may be necessary for the operator to start to apply economic and financial difficulties, to apply modern technology requirements in the workplace, to go a more efficient and rational working organization, or to inefficiency and behavior of employees. If the conditions of employment security are met, the employer must terminate the indefinite-term employment contractof the employer and must rely on a valid cause arising from the employee’s inadequacy or behavior or from the necessity of the employer, the workplace or the job. The employer's dismissal because of economic, technological, structural, and so forth business,workplace or as a result of the job requirements in the workplace is collective dismissal. It is important that workers be protected against termination. However, the emergence of an economic reason for the business community, resulting in the layoff of employees will create, in this case, the workers should be provided job security. The arrangement of business that are related to collective labor law and the ILO Convention No. 158 of 13 and 14. provides that articles shall be determined in accordance with the principles of. In our study, the concept of mass dismissal in terms of Turkish Law, in relation to a method of laid-off require to be able to work their back, and these Regulations non-compliance with the Civil and criminal consequences were investigated.
Considerations Regarding the Inclusion of Persons with Disabilities on the Romanian Labor Market
Considerations Regarding the Inclusion of Persons with Disabilities on the Romanian Labor Market
(Considerations Regarding the Inclusion of Persons with Disabilities on the Romanian Labor Market)
- Author(s):Aracsia-Magdalena Benţia
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:268-271
- No. of Pages:4
- Keywords:inclusion; people with disabilities; the labor market; unique jobs;
- Summary/Abstract:Objectives of the study: the study aims to analyze the issue of the inclusion of people with disabilities in the labor market in Romania and to provide legislative solutions. The research methods used are the qualitative research method and the observation method. Results and implications of the study: 1. The conclusion of partnerships between educational institutions and employers, in order to provide the conditions for a real practice for young people with disabilities in different sectors of activity; 2. In order to include people with disabilities on the labor market, for effective communication with them, I propose introducing the obligation to create unique posts in each institution and public authority for interpreters of the mimic-gesture language; 3. Creating the legal framework for the introduction of the obligation to set up unique posts in each public institution for interpreters of the mimic-gestural language; 4. Creation of a database of people with disabilities to be managed by the National Authority for People with Disabilities, in collaboration with the National Agency for Employment.
The Right to Information and the Information Society
The Right to Information and the Information Society
(The Right to Information and the Information Society)
- Author(s):Alina Popescu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:273-283
- No. of Pages:11
- Keywords:right to information; information society; users; personal data protection; privacy protection;
- Summary/Abstract:The study starts from the idea that the citizen's fundamental right to information has new valences through the rapid development of information technology. As more and more activities are currently being deployed in the virtual space, and technology occupies an increasingly important place in social life, it is important that users' right to information be respected, that they are protected against abusive practices, concurrently with the achievement of an honest competitive environment. Correlated with the expansion of new technologies and the use of information in the most diverse areas, without space barriers, it is necessary to guarantee an effective protection of personal data and the right to privacy. Individuals' confidence in the information society is crucial to its development and its evolution in line with European and global trends. The virtual space users need to be properly informed so that they can make informed choices and avoid legal conflicts between service providers and end-users. At the same time, the intense development of business in the virtual environment can be noticed, the economic actors seeing the potential that this space represents for their evolution on the economic and financial markets.
Legal Reform of European Union Data Protection
Legal Reform of European Union Data Protection
(Legal Reform of European Union Data Protection)
- Author(s):Charlotte Ene
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:284-289
- No. of Pages:6
- Keywords:General Data Protection Regulation 679/2016/EU; EU data protection law; data breach notification; damages claims for data protection breaches; right to be forgotten; Digital Single Market;
- Summary/Abstract:Achievement the Digital Single Market, one of the objectives of European Union, needs a specific legal framework. In this regard, it was adopted the General Data Protection Regulation 679/2016/EU (the GDPR) which will come into force on 25 May 2018 and will replace the existing Data Protection Directive 95/46/EC. The main goal of the GDPR is to harmonise data protection across the EU and to enable individuals to regain control of their personal data, according to Mr. J.-Ph. Albrecht, member of European Parliament. The application of the GDPR will bring significant changes to European data protection law; therefore those rules include data breach notification, coordinated enforcement, strengthened consent, clarify the “right to be forgotten” together with serious financial penalties for non-compliance. The GDPR also expands the territorial and material scope of EU data protection law thus non-EU companies will have to apply the same rules as EU companies when offering services in the EU. In conclusion, the Regulation strengthens fundamental rights in the digital age and facilitates business by simplifying rules for companies in the Digital Single Market.
The Role of Environmental Protection in the Current International Context
The Role of Environmental Protection in the Current International Context
(The Role of Environmental Protection in the Current International Context)
- Author(s):Lidia-Lenuța Bălan
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:291-298
- No. of Pages:8
- Keywords:environmental protection; environmental policies; legal norms; environmental degradation; environmental damage; climate change;
- Summary/Abstract:The study seeks to illustrate that in a global world dominated by chaos and conflicts, maintain an applicative framework for applying and guaranteeing environmental protection standards, although there is a great awareness of the population and decisionmakers in the need to promote actions to prevent and repair wherever possible, environmental degradation. Within an area of freedom, embodied in rights and privileges of persons, services, capital and commodities to the free movement, owing to current modern technologies, the range of action of the environmental degradation has been extended and intensified, acquiring in a short time a cross-border and international character. In order to prevent the degradation of the cross-border and international space, it is necessary to start new concerted actions at global, regional, national level, which need to be translated into a clear constitutional order of reference so as to stop the acts of deterioration and limit the possibilities that globalization triggers in the environment.
'Green' Obligations Regarding New Constructions and Their Impact Upon the Real-Estate Market
'Green' Obligations Regarding New Constructions and Their Impact Upon the Real-Estate Market
('Green' Obligations Regarding New Constructions and Their Impact Upon the Real-Estate Market)
- Author(s):Simona Chirică
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:299-305
- No. of Pages:7
- Keywords:Green obligations; real-estate market; energy performance of buildings; energy law;
- Summary/Abstract:The fight for reducing green gas emissions and energy dependency requires the application of additional obligations for new constructions. From this perspective, starting from the 31st of December 2020 building permits for new constructions in the private sector shall be issued only if their energy consume is close to zero. Additionally, the recovery level of non-dangerous waste resulting from construction and demolition activities must reach until the 31st of December 2020 a percentage of minimum 70%. These additional obligations will have a direct impact upon the construction price and will certainly influence the realestate market.
