Dynamic Elements in the Contemporary Business Law
Dynamic Elements in the Contemporary Business Law
Contributions to the 9th International Conference Perspectives of Business Law in the Third Millennium, November 8, 2019, Bucharest
Contributor(s): Dobrinka Chankova (Editor), Ivan Pankevych (Editor)
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Law on Economics, EU-Legislation, Commercial Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: business law; criminal law; labor law; private law; public law;
Summary/Abstract: This volume contains the scientific papers presented at the Ninth International Conference „Perspectives of Business Law in the Third Millennium” that was held on 8 November 2019 at Bucharest University of Economic Studies, Romania. The scientific studies included in this volume are grouped into five chapters: Development of the market economy; International business law; Criminal law in business context; Contemporary labor law; Public affairs and business law - constitutional developments. 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: 978-606-94312-9-0
- Page Count: 304
- Publication Year: 2019
- Language: English
Violation of Minority Shareholder Rights. Analysis on the Mandatory Takeover Bid
Violation of Minority Shareholder Rights. Analysis on the Mandatory Takeover Bid
(Violation of Minority Shareholder Rights. Analysis on the Mandatory Takeover Bid)
- Author(s):Marius Cristian Miloş, Laura Raisa Miloş
- Language:English
- Subject(s):Law on Economics, Commercial Law
- Page Range:11-24
- No. of Pages:14
- Keywords:minority shareholder protection; European Union; mandatory takeover bid; stock market;
- Summary/Abstract:The mandatory takeover bid is seen by the legislator as a way of protection of minority shareholders, by making the intention of the shareholder who exceeds a certain holding threshold and wishes to take control of the company more transparent, makingin this way possible for the minority shareholders to exit the company, if this is seen as appropriate, and not remaining trapped in a company where they could no longer exerciseany influence. The objective of this paper is realizing a comparative analysis at the European level regarding the mandatory takeover bid, by outlining the legal provisions that apply, the similarities and differences between the EU member states. Not in theleast, on the basis of the Romanian jurisprudence, that is related with mandatory takeover bids, there are being questioned the pronounced sentences. According to the comparative study, we can observe the existence in the European national law (including Romania) of the provision regarding the mandatory takeover bid that has positive consequences from a legally point of view, by ensuring the protection of minority shareholders, contributing to the overall growth of the European stock markets.
The Contract of Transportation According to Kosovo Legislation
The Contract of Transportation According to Kosovo Legislation
(The Contract of Transportation According to Kosovo Legislation)
- Author(s):Majlinda Belegu
- Language:English
- Subject(s):Civil Law, Law on Economics, Commercial Law
- Page Range:25-34
- No. of Pages:10
- Keywords:law; contract; transport; passenger; item; goods;
- Summary/Abstract:The contract of transport is a contract based on which the transport of personsor goods is done from a place to the other place. This contract is one of the most important contracts in economy and the field of law of a country. By transport two main functions are realized: a) displacement of working objects for producing a new product and b) displacement of finished from a field of production to the field of circulation. By this paper the conditions for concluding of this contract subjects of this contract, its characteristics, types of transport as well as the ways of termination of this contract, will be explained. The methods of systemic and comparison analysis will be used. Efforts will be made for analysis, comparison and interpretation of norms of transport generally as well as the transport of goods, specifically. Transport of passengers is not included. Relations between contracting parts are not regulated only with the Law on Obligation Relations and they are also regulated with the other specific laws depending on the type of the transport. In the contract of transport, the obligation of transporter is an obligation whose objective is achievement of determined result what he concretely is obliged to send to persons, undamaged or goods, passenger or the sender of goods. If the contract of transport is concluded, then are other transports different. Here there appear various types of contracting relations. With the transport of passengers in one side there is the subject that organizes journey (touristic agency) and the passenger, where as with the contract of the transport of goods as parties could appear seller of goods and transporter or the creator of the item and the transporter.
The Administrator - Representative or Employee of the Limited Liability Company. Aspects of Comparative Law
The Administrator - Representative or Employee of the Limited Liability Company. Aspects of Comparative Law
(The Administrator - Representative or Employee of the Limited Liability Company. Aspects of Comparative Law)
- Author(s):Olga Andreea Urda
- Language:English
- Subject(s):Law on Economics, Commercial Law
- Page Range:35-43
- No. of Pages:9
- Keywords:administrator; mandate contract; individual employment contract; limited liability company;
- Summary/Abstract:It has been frequently analyzed, in the doctrine and practice of commercial law, whether it is opportune to conclude an individual employment contract between the administrator and the limited liability company or a mandate contract. In the context of the free movement of persons in the Member States of the European Union, we consider that it is necessary to have a comparative analysis of company law, especially in the particular matter of the administrator-society relationship. The present study proposes an analysis of compared law between the provisions of Romanian law and those of French law regarding the management of contracts that may intervene between the administrator and the company. Thus, the difficulties related to determining the possibility or not of the administrator to conclude an individual employment contract with the limited liability company can find their solution through a mirror analysis of another legislative model.
Legal Conditions of Unusual Terms Institution
Legal Conditions of Unusual Terms Institution
(Legal Conditions of Unusual Terms Institution)
- Author(s):Eugen Sârbu
- Language:English
- Subject(s):Civil Law, Commercial Law
- Page Range:44-58
- No. of Pages:15
- Keywords:standard clauses; unusual clauses; contractual imbalance; professional;
- Summary/Abstract:The institution of unusual clauses is a relatively new institution in the Romanian civil law, which has generated different interpretations in practice and in doctrine and which is aimed at preventing imbalances caused by the use of standard clauses. The standard terms serve the interests of the proposing party, setting out important aspects in the contractual relationship that is formed. They tend to change the contractual balance toward which each type of contract regulated by the legislator is approaching. This article analyses the legal conditions of unusual terms, which place one of the parties in a dominant position, shall entail. In particular, we will analyze (I) where the Romanian legislator was inspired to regulate the non-common clauses, (II) the conditions for a clause to be qualified as non-usual, (III) what penalty occurs in the event of non-compliance with the legal provisions on uncommon clauses, (IV) how we can derogate from the effect of the clauses, making them effective and holding the parties to perform that clause.
Axiological Basis for the Tax System
Axiological Basis for the Tax System
(Axiological Basis for the Tax System)
- Author(s):Valerijs Jakuševs
- Language:English
- Subject(s):Human Rights and Humanitarian Law, Law on Economics
- Page Range:59-70
- No. of Pages:12
- Keywords:taxation; system; axiology; law; electronic; data; tax; principle; living wage; wealth;
- Summary/Abstract:The study is carried out within the boundaries of the research “Taxation policyof the Republic of Latvia within the context of the principle of equity”. The subject of the study is the creation of a theoretical basis for considering the principles of the tax system in terms of the axiology of law. The work is based on the legislative practice of the Republicof Latvia, including with the increasing use of electronic systems for collecting and processing information about the tax base. The study relies on legal literature, judicial practice, state planning documents and the researches ordered by the government and carried out by private contractors or scientists, as well as on statistics. The data collection does not confine itself to the research of phenomena and the systematization of the new knowledge and the knowledge acquired before, but mostly uses the empiric scientific method – observations, surveys. The study also employs the theoretical scientific method by analyzing the aforementioned documents and literature and using these as a basis for developing the theory and suggesting hypotheses, as well as through scientific (conceptual) modeling. Relying on the acquired data, the author verifies the fore casting power inorder to achieve the objective of the study.
Characteristics of the Dissolution of Non-Banking Financial Institutions
Characteristics of the Dissolution of Non-Banking Financial Institutions
(Characteristics of the Dissolution of Non-Banking Financial Institutions)
- Author(s):Claudiu-Daniel Telicenu
- Language:English
- Subject(s):Civil Law, Law on Economics, Commercial Law
- Page Range:71-80
- No. of Pages:10
- Keywords:dissolution; liquidation; nullity; company;
- Summary/Abstract:This paper deals with a fundamental aspect of the legal framework of companies, i.e. the end of the existence of companies, by dissolution and liquidation. We consider that tackling such a topic is very current and fully justified theoretically and practically. Companies reflect the evolution of the society in which they coexist, being undeniably linked to the economic life of civil society. Similar to natural persons, legal persons are born, they carry out their social life according to the purpose for which they were created and disappear through dissolution and liquidation. The presentness of this paper results, thus, not only from the fact that the existence of companies as "engines" of social life affects the entire civil society, but also from the fact that, in the current economic context, the study of companies’ operations of dissolution and liquidation is extremely appropriate for legal practitioners and others.
Legal Regime of Private Military Companies
Legal Regime of Private Military Companies
(Legal Regime of Private Military Companies)
- Author(s):Ovidiu Horia Maican
- Language:English
- Subject(s):International Law
- Page Range:81-91
- No. of Pages:11
- Keywords:private military companies; mercenary; United Nations; European Union;
- Summary/Abstract:Private military companies are independent companies that offers military services to national governments, international organizations, and substate actors. Private military companies (PMCs) are an important and deeply controversial element of the privatized military industry. PMCs specialize in providing combat and protection forces. Their work ranges from running small-scale training missions to providing combat units composed of up to several hundred highly trained soldiers. The use of military force by private-sector organizations is not new. It is present since Middle Ages. The most known example in modern history is british East India Company private military units, present in India until 1857.
Concept of Charterparty as an International Contract for Engagement of Ship for Transportation of Cargo and Legal Perspective on Critical Areas of Charterparty for Avoidance of Disputes
Concept of Charterparty as an International Contract for Engagement of Ship for Transportation of Cargo and Legal Perspective on Critical Areas of Charterparty for Avoidance of Disputes
(Concept of Charterparty as an International Contract for Engagement of Ship for Transportation of Cargo and Legal Perspective on Critical Areas of Charterparty for Avoidance of Disputes)
- Author(s):Harsh Pathak
- Language:English
- Subject(s):International Law, Law on Economics, Maritime Law, Commercial Law
- Page Range:92-109
- No. of Pages:18
- Keywords:charterparty; shipping; cargo; seaworthiness; voyage; perils;
- Summary/Abstract:In international business charterparty is a main legal contract of engaging a vessel for transportation of cargo. It is a highly important document since it defines the performance obligations as rights, duties, liabilities, risks, earnings, costs and profits between the contracted parties, i.e. the shipowner and the charterer. The proper incorporation, interpretation and understanding of charterparty terms is crucial for chartering business. Therefore, this paper based on the observations of the various judicial authorities, emphasis on the main types of charter and deals with usual clauses qua distribution of the liabilities and expenses between the ship-owner and the charterer. More specifically, type of the charter, important clauses in the charterparty for suitability of the vessel, its seaworthiness, the avoidance of unjustifiable deviations, the ship’s arrival at the port, the loading and discharging operations, the delivery of cargo, liabilities, exceptions to liabilities etc. The instant paper is based on shipping practices followed in accordance with international and English common laws in pre-to-post fixture in execution of chartering process. As chartering is one of the most critical commercial operation under international business contracts with significant operational, financial and legal consequences.The deliberations in this paper is from a contractual and legal perspective to understand this special purpose contract for better execution and avoidance of disputes.
Cross - Border Merger. Analysis of Comparative Law
Cross - Border Merger. Analysis of Comparative Law
(Cross - Border Merger. Analysis of Comparative Law)
- Author(s):Silvia Cristea, Viorel Bănulescu
- Language:English
- Subject(s):Law on Economics, Commercial Law
- Page Range:110-118
- No. of Pages:9
- Keywords:cross-border merger; European Directive; absorbing company; absorbed company; creditors;
- Summary/Abstract:The study presents some considerations regarding the merger of companies (section 1.1), then includes the union provisions in the matter of mergers (section 1.2), the Romanian regulation in the matter (section 1.3) and the comparative analysis of the Romanian regulation with the European Union one, with proposals de lege ferenda (section.2).
Guarantees, Rights and Obligations in International Trade through Electronic Media
Guarantees, Rights and Obligations in International Trade through Electronic Media
(Guarantees, Rights and Obligations in International Trade through Electronic Media)
- Author(s):Manole Decebal Bogdan, Alisa Valeria Toma
- Language:English
- Subject(s):International Law, Law on Economics, Commercial Law
- Page Range:119-125
- No. of Pages:7
- Keywords:cyber law; law and IT companies; law and smart society; artificial law and intelligence;
- Summary/Abstract:The virtual world and artificial intelligence are a daily "reality". The electronic environment defined as On-Line has taken over a large amount of commercial transactions from the classical environment. Classical trading allows you to meet your partners and negotiate directly. In the international trade from On-Line the partners are not often known and they act on a trust given by the community. Business guarantees no longer fall within the attribute of the state (community of states) that confirms the verifiable existence of the company by registering with the Trade Register and/or by fiscal registration. There is no guarantee in e-commerce! The reliable guarantee of the partner's creditworthinessis the system based on trust and the opinions of the other partners who have used transactions before. There are situations in which the provider does not exist in the form presented on the web page. There are situations in which the partner company only has an Internet domain and in reality, it does not exist. Our paper opens a number of issues that can be debated starting with the statute and the legal definition of companies that actexclusively on-line as "legal persons of private law in the online environment". We assistand participate in a new society that has no defined regulations. How, Who and When will it be able to regulate it?
Cooperation-Based Approaches in Competition Law – the Whistleblower Versus the Prisoner’s Dilemma
Cooperation-Based Approaches in Competition Law – the Whistleblower Versus the Prisoner’s Dilemma
(Cooperation-Based Approaches in Competition Law – the Whistleblower Versus the Prisoner’s Dilemma)
- Author(s):Ana-Maria Iulia Şanta
- Language:English
- Subject(s):Law on Economics, Commercial Law
- Page Range:126-134
- No. of Pages:9
- Keywords:cooperation; competition law; Whistleblower; Prisoner’s Dilemma; Game Theory;
- Summary/Abstract:Cooperation-based approaches have shaped the trends in European Union Competition Law and in United States Antitrust Law. The present article assesses the latest developments in this area, emphasizing the positive effects of cooperation in competition law issues and proposing solutions in terms of dealing with international competition law cases. Cartels are analyzed using the model of the Prisoner’s Dilemma and the modern Game Theory. The Whistleblower, which gained increasing importance both in European Union Competition Law and in United States Antitrust Law, is assessed taking into consideration these models. A comparative view of European Union Competition Law and United States Antitrust Law on the importance of the Whistleblower is presented. The present article uses an interdisciplinary research method, appropriate to the debated issue, combing aspects of business law, European Union Law and economics in an international perspective. Relevant case law illustrates the presented approaches, trying tofind an answer to the research question to what extent can cooperation be seen as a possible solution for competition law issues and to what extent can settlements be acceptedas a time-saving solution in competition law cases.
Crimes Motivated by Hate, Differentiation and Religious Discussion in Compared Criminal Law (Romania and the Republic of Moldova)
Crimes Motivated by Hate, Differentiation and Religious Discussion in Compared Criminal Law (Romania and the Republic of Moldova)
(Crimes Motivated by Hate, Differentiation and Religious Discussion in Compared Criminal Law (Romania and the Republic of Moldova))
- Author(s):Aurel Octavian Pasat
- Language:English
- Subject(s):Criminal Law
- Page Range:135-148
- No. of Pages:14
- Keywords:religious freedom; religious belief; the right to religious belief; crime motivated by religious hatred; religious differentiation; religious separation; religious discord; religious propaganda;
- Summary/Abstract:This scientific article is devoted to the legal-criminal analysis of offenses motivated by hatred, differentiation and religious division in criminal law compared to the model of the criminal law of Romania and of the Republic of Moldova. The purpose of this study is to identify and analyze crimes motivated by hatred, differentiation and religious separation in the criminal law of Romania and the Republic of Moldova. Following the study undertaken, certain legislative gaps were identified that can be easily overcome by reviewing the incriminating framework of offenses motivated by hatred, differentiation and religious division. The conclusions of the broad law and the recommendations delege ferenda created under the empire of the latest legislative tendencies at European level can be taken into account in the legislative process.
Drawing to the Criminal Liability of the Legal Person
Drawing to the Criminal Liability of the Legal Person
(Drawing to the Criminal Liability of the Legal Person)
- Author(s):Petruţ Ciobanu
- Language:English
- Subject(s):Criminal Law
- Page Range:149-153
- No. of Pages:5
- Keywords:criminal liability; legal person; criminal offense; criminal law;
- Summary/Abstract:Legal entities, other than those excepted, are criminally liable whether they are public or private. The guilt of the legal person refers to the organs and its organization, so that establishing the guilt of the natural persons who make up the bodies of the legal person is equivalent to establishing the guilt of the legal person concerned. The judicial bodies must establish the rules and practices existing in the organization and functioning of the respective legal person, and if it turns out that the bodies of the legal person have decided, have known or have not prevented, based on the levers available, the commission of crimes, the liability can be committed criminal of the legal person, if the form of guilt required by law for the examined crime is fulfilled.
The Offense of Destroying at Fault in the Romanian Law
The Offense of Destroying at Fault in the Romanian Law
(The Offense of Destroying at Fault in the Romanian Law)
- Author(s):Ioana Rusu
- Language:English
- Subject(s):Criminal Law
- Page Range:154-161
- No. of Pages:8
- Keywords:the objective side; the subjective side; the more favorable criminal law; the subjects of the crime;
- Summary/Abstract:In the present work we have examined the destroying at fault offense provided for in the provisions of art. 255 of Criminal Code. Also, given the transitional situation we are in, the elements of similarity and differentiation between the previous and the current regulations have been analysed, a useful examination regarding the application of the more favorable criminal law. The examination carried out is part of an extensive work to be published in a nationally recognized publishing house. The paper can be useful to students, master students and doctoral students of the country's faculties, as well as practitioners.
Some Considerations Regarding False Testimony in the Romanian Law. Active Subjects of the Offense. Critical Opinions and De Lege Ferenda Proposals
Some Considerations Regarding False Testimony in the Romanian Law. Active Subjects of the Offense. Critical Opinions and De Lege Ferenda Proposals
(Some Considerations Regarding False Testimony in the Romanian Law. Active Subjects of the Offense. Critical Opinions and De Lege Ferenda Proposals)
- Author(s):Bogdan Bîrzu
- Language:English
- Subject(s):Criminal Law
- Page Range:162-172
- No. of Pages:11
- Keywords:crime; witness with protected identity; witness protection program; false testimony;
- Summary/Abstract:In this paper we have examined some pre-existing conditions for the offense of false testimony, respectively, of the active subjects of this offence. We also presented some considerations regarding the elements of differentiation and similarity between the current and existing regulations in the Criminal Code of 1969. The examination also considered the formulation of critical opinions, supplemented by de lege ferenda proposals meant to contribute to the improvement of the text in force. The paper can be useful to students and masters of law faculties in the country, as well as to practitioners in the field of criminal law.
Measuring Crime
Measuring Crime
(Measuring Crime)
- Author(s):Adriana Iulian Stancu
- Language:English
- Subject(s):Criminal Law
- Page Range:173-179
- No. of Pages:7
- Keywords:crime; criminal law; contemporary criminology; victim;
- Summary/Abstract:Questions about how crime is measured and what those measurements reveal about the nature and extent of crime are among the most important issues in contemporary criminology. Researchers, theorists, and practitioners need information in order to explain and prevent crime and to operate agencies that deal with the crime problem. It is extremely difficult, however, to gather accurate information. Because of these difficulties, it is necessary for students of criminology to understand how data are collected, what they mean, and whether they are useful. After we look at the objectives and methods of collecting information, we will consider the limitations of the three information sources criminologists most frequently use to estimate the nature and extent of crime. We then explore measurement of the characteristics of crimes, criminals, and victims.
New Trends of International Tax Evasion - International Legal Regulations and Modern Combating Methods
New Trends of International Tax Evasion - International Legal Regulations and Modern Combating Methods
(New Trends of International Tax Evasion - International Legal Regulations and Modern Combating Methods)
- Author(s):Bogdan-Florian Amzuică, Roxana-Adriana Mititelu
- Language:English
- Subject(s):Criminal Law, International Law, Law on Economics
- Page Range:180-199
- No. of Pages:20
- Keywords:international tax evasion; tax avoidance methods; money laundering; offshore jurisdictions; cryptcurrencies;
- Summary/Abstract:Within the contemporary market economy and the generalization of open type economies, interdependent international economic relations have emerged based on anopen system of both economic and financial exchanges. They have contributed to the emergence of new business relationships based on the international exchange of outcrying type that did not involve, due to the dynamism as well as of the new economies of the type of digital economies, and a quick adaptation of the customary normative framework and of the legal framework to the new context. The objectives of this article are represented by the identification of these new economic-social relations as well as of the corresponding legal and normative framework and of the forms of circumvention of the resulting taxation principles. The research methods used were qualitative methods respectively descriptive methods as well as quantitative methods respectively indices and aggregate economic indicators and econometric relations of regressive and correlative type. The results of the article aimed to identify new modern and self-contained methods of combating international tax evasion, respectively the exchange of information and the adequacy of the legal normative framework to the new economic realities. The implications are complex and represent the identification of some methods of preventingunfair competition and of not distorting the mechanism of the international competition market with implications on national budgets.
Improving Efficiency to Combat VAT Frauds at the European Union Level
Improving Efficiency to Combat VAT Frauds at the European Union Level
(Improving Efficiency to Combat VAT Frauds at the European Union Level)
- Author(s):Nelu Dorinel Popa, Cezara Popa
- Language:English
- Subject(s):Criminal Law, EU-Legislation
- Page Range:200-210
- No. of Pages:11
- Keywords:VAT frauds; European Union; case law; European cooperation;
- Summary/Abstract:The value-added tax is an indirect tax that represents both an inherent resource of the European Union budget and a resource of EU Member States budgets. Consequently, frauds against national VAT affect both the national budget and the Member States’ budget, which entail the activities for combating this type of fraud to be correlated both at national and at the Community level. Therefore, the Romanian jurisprudence provides examples in which the national judicial authorities have identified a continuous circulation, a "carousel" type, of VAT fraud, between several Member States of the European Union, which has harmed each of the budgets of the states on whose territory it has "transited" and implicitly, the Community budget. The investigation of these frauds and the criminal prosecution of the perpetrators was carried out only at the national level, in a fragmented way, but it also required the judicial cooperation of the Member States in order to support the requesting states in carrying out the investigations. However, the national authorities are missing the cross-border dimension, which requires a European Union authority to investigate such frauds, to correct the deficiencies of the current regime regarding compliance with law, based exclusively on national efforts and to increase their consistency and coordination.
Precarious Work – Challenges of Labour Law in Europe. Case Law: Uber
Precarious Work – Challenges of Labour Law in Europe. Case Law: Uber
(Precarious Work – Challenges of Labour Law in Europe. Case Law: Uber)
- Author(s):Raluca Anderco
- Language:English
- Subject(s):Law on Economics, EU-Legislation
- Page Range:211-219
- No. of Pages:9
- Keywords:precarious work; worker; Uber; atypical form; risk;
- Summary/Abstract:The main purpose of this article is to analyse the issue of precarious work in Europe, where the proliferation of the new types of employment without the whole spectrum of rights associated with the standard employment relationship has engendered considerable labour market fragmentation and social polarization. Precarious work poses unique challenges to the European social model of secure employment and decent social protection. To address these challenges, we seek to analyse the reasons for the spread of precarious work in various countries in Europe to explain the different types of precarious work and to make proposals to address the phenomenon though improved labour regulation and practice.
Non-Compliance of the Law of the Remuneration with Non-Discrimination Rules
Non-Compliance of the Law of the Remuneration with Non-Discrimination Rules
(Non-Compliance of the Law of the Remuneration with Non-Discrimination Rules)
- Author(s):Dragos Lucian Radulescu
- Language:English
- Subject(s):Human Rights and Humanitarian Law, Law on Economics
- Page Range:220-229
- No. of Pages:10
- Keywords:discrimination; rights; remuneration; criteria; institutions;
- Summary/Abstract:Discrimination in the legal employment relations represents the enforcement of differentiations regarding the rights of the employees, their non-acknowledgement resultingin a disuse of fundamental freedoms. The existence of discrimination is found to be a circumvention of the provisions of the protected criteria contained in the internal and international normative acts, in the sense of not recognizing the principle of equal treatment, by inducing direct or apparently neutral practices of restriction, by the removal of the use or exercise of the employees’ rights in employment relations. The article details the phenomenon of wage discrimination in the legal employment relations, with reference to the application of the wage law in the case of civil servants, especially from the point of view of the contrary provisions regarding non-discrimination.
The Professional Adequacy and the Performance of the Employee. Differences and Similarities
The Professional Adequacy and the Performance of the Employee. Differences and Similarities
(The Professional Adequacy and the Performance of the Employee. Differences and Similarities)
- Author(s):Ioana Cristina Cristescu
- Language:English
- Subject(s):Human Rights and Humanitarian Law, Law on Economics
- Page Range:230-250
- No. of Pages:21
- Keywords:performance; professional inadequacy; evaluation criteria; objectives; dismissal;
- Summary/Abstract:The career path of the employee is complex and not without risks. Thus, achieving performance becomes the very reason for establishing individual employment relationships, as they determine the collective performance of the organization and determine the success of the business. Therefore, the concern for performance is present at all times preceding the employment, during the probation period and during the execution of the individual employment agreement and culminates with the solution of a supreme dilemma when dismissing for professional inadequacy. The Labour Code itself requires various interpretations and clarifications in order to be able to transpose the concepts regarding employee performance. Therefore, the present study critically examines the doctrine in the matter, compares the legal texts and interpretation solutions of the courts and applies the common sense of human resources management to determine the way to be followed where the legislator is silent. Thus, the conclusion is clear that at all stages of the employment relationship the employer has in view the performance of the employee, but the objectives, criteria, methods of assessment and measurement are different, depending on the purpose of its evaluation and legal consequences and from the perspective of human resources management. The result of this study is a set of benchmarks regarding the evaluation of the performance and the evaluation of the professional adequacy, the interferences and delimitations between them and other related institutions, interpreted in a multidisciplinary context.
Constitutional Guarantees for Ownership Rights and the Development of the Market Economy
Constitutional Guarantees for Ownership Rights and the Development of the Market Economy
(Constitutional Guarantees for Ownership Rights and the Development of the Market Economy)
- Author(s):Ivan Pankevych
- Language:English
- Subject(s):Constitutional Law, Law on Economics, Commercial Law
- Page Range:251-266
- No. of Pages:16
- Keywords:constitutional guarantees; ownership; property rights; the market economy; economic operations;
- Summary/Abstract:This paper presents an analysis of constitutional guarantees for ownership rights set in the key legislation of European states and their impact on the market economy growth. It focuses primarily on the evaluation of the guarantees set in the Constitution and other acting laws of Ukraine granting the ownership rights. In this study, the author employed such research methods as logical, observation, comparative law analysis, etc. The market economy is the opposite of planned economy since decisions are made on production, distribution, pricing, or investments by the owners of production means guided by their interests. Therefore, the topic of constitutional guarantees for ownership and the development of the market economy in post-Soviet and post-Socialist European states can be considered exclusively upon their regained independence (in case of former Soviet Union republics) or upon the collapse of the Socialist system and the termination of activities of the Council for Mutual Economic Assistance (in case of most European post-socialist states). A state would always pursue to restrict private ownership. The right cannot be considered as absolute but it shall be reliably protected by the state against any claims. Ownership rights, in line with such rights and freedoms as freedom of entrepreneurial activity, freedom of contract, freedom to choose the place of employment and residence, establish the legal framework for the market. This article may be of value to students of law and economics faculties, experts in the theory of law, constitutional law, and civil law.
Parliamentary Groups - Internal Structures of the Chamber of Deputies and the Senate. Controversial Aspects on Establishing Parliamentary Groups Arising from the Parliamentary Practice
Parliamentary Groups - Internal Structures of the Chamber of Deputies and the Senate. Controversial Aspects on Establishing Parliamentary Groups Arising from the Parliamentary Practice
(Parliamentary Groups - Internal Structures of the Chamber of Deputies and the Senate. Controversial Aspects on Establishing Parliamentary Groups Arising from the Parliamentary Practice)
- Author(s):Adrian Țuțuianu, Florina Ramona Mureșan
- Language:English
- Subject(s):Constitutional Law
- Page Range:267-304
- No. of Pages:38
- Keywords:parliamentary party; parliamentary group; independent Member of Parliament (MP); unaffiliated MP; decisions of the Constitutional Court;
- Summary/Abstract:The political configuration of the Parliament Chambers is determined by the citizens’ vote and expresses the representative nature of the legislative chamber. The senators and the deputies are organized in parliamentary groups, according to regulations of each Chamber. Creating parliamentary groups represents a constitutional right andnot an obligation; all and any imperative term is null. The activity of the political parties and other the political groups engaged in the election campaign continues within th eParliament, by forming “parliamentary groups” or “political groups”, usually made of members of the Parliament under the same political group or who subscribe to the same program or are followers of the same idea. In the parliamentary practice, establishing parliamentary groups by the deputies and senators who become unaffiliated as a resultof leaving the party under which they were elected is still a controversial aspect. The Constitutional Court of Romania has repeatedly ruled on the possibility to constitute such groups, of which establishment was blocked by the parliamentary majority existing at a given time.
