PRIKAZ KNJIGE: John Bolton THE ROOM WHERE IT HAPPENED (A WHITE HOUSE MEMOIR) Simon & Schuster, New York, 2020.
Review of: John Bolton, THE ROOM WHERE IT HAPPENED (A WHITE HOUSE MEMOIR) Simon & Schuster, New York, 2020.
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Review of: John Bolton, THE ROOM WHERE IT HAPPENED (A WHITE HOUSE MEMOIR) Simon & Schuster, New York, 2020.
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Medical liability is one of the most intensively researched areas in recent years under the dome of civil liability. Multiple sources, legal nature, forms of damages – particularize medical liability as a topical area, located at the confluence of scientific „interests”. Specialists in different fields (legal sciences, medicine) raise issues, in relation to the difficulties of everyday reality and optimal solutions, which satisfy equity and, at the same time, the perspective of the author and the perspective of the victim of harm. In medical matters, the configuration of malpractice follows the provisions of common law and special legislation. The main normative act is Law no. 95/2006 on health care reform, which, in the economy of its provisions, defines the notion of „medical malpractice” and offers some benchmarks of professional liability. Theoretical theses are valuable only insofar as they are validated at a practical level. However, the solutions are not always clear from the normative texts, so the role of jurisprudence is essential. On the other hand, the judicial practice is contributory, as it substantiates, by law ferenda, new solutions. The „force” of the magistrate's arguments is imposed, with the value of the legal truth, when it is enshrined in the law.
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Civil servant forms a distinct category within the staff working in the public sector. They have a reserve obligation that imposes several limitations on them in the exercise of fundamental civil rights. The right to freedom of expression is a right whose limitation is justified by both the public and private interests. The public interest mainly concerns the image of the public authority or institution as well as of the entire body of civil servants. The private interest concerns the right of persons interacting with civil servants to dignity, image and protection of personal data. The limitations imposed by the special law must be consistent with the standards imposed by the Constitution and the international acts that Romania has signed. These limitations must be regulated only by law; they must be justified by defending values more important than free expression; they must be necessary in a democratic society, proportionate to the situation that led to the establishment of the fence and not harm the very existence of law.
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The New Criminal Code brought into force some important changes, concerning among others, the content and especially, mens rea of the bribery. The purpose of the unlawful act was in the former legislation, a main component of the content of the bribe. Using the expression „in connection with”, instead of the expression „with a view to”, mens rea of the bribery is no longer only direct intention, but also indirect intention. This new expression marks a link between actus reus and the duty of the employee, with no other consequences on mens rea. By using this expression, actual form of the bribery includes also the content of the former crime of accepting unlawful advantages (art. no 256, ancient penal Code) and that solution marks a worse treatment for this kind of actions from the point of view of the penalties.
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The current pandemic offers ideas for reflection on the tension between constitutionally relevant principles that also include religious freedom. This circumstance deserves to be assessed – in addition to the principle of separation – both with regard to the limitations provided for other rights of freedom, and in relation to the balance of the different rights that come into play, in order to weigh up the degree of protection that must be granted to them in such an emergency. In this contribution we will see how, in correlation with the evolution of the pandemic situation, the complexity of the management of emergency rules, both in the state and in the confessional sphere, is increasingly emerging. To this aim, we will see the different choices that have been made in some European countries and how the people of these countries were responding the measures based on their legal culture.
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Though, in general, the divorce is ordered by courts of law, by way of exception, according to the provisions in the Civil Code in force, if the spouses mutually consent to the divorce and all the conditions required by law are met, the notary public at the marriage site or the spouses’ last shared residence may acknowledge the dissolution of marriage by mutual consent, issuing a divorce certificate, according to the law. This research, which actually is a sequel to the article published in the issue no.2/2019 of this prestigious publication, reviews the legal provisions regulating the dissolution of marriage by mutual consent before the notary public, with an emphasis on the peculiarities of this procedure.
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In a modern democratic society, the independent organization and development of the external audit activity is essential in order to satisfy the obligation to report the use of public funds. The European Court of Accounts is the European Union's external control institution and contributes to improving the financial management of the Union funds, playing an important role for the citizens of the Union.
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In the international legal doctrine, the issue of the origin and evolution of the limited partnership is little researched and discussed. More often, the moments regarding the concept, the organizational structure and the activity are debated. Although it is an associative form of business that appeared a long time ago, it does not know a spread such as: limited liability companies or joint stock companies etc. The cause can be found in its origins and in the process of its formation evolution. By identifying the positive and negative sides, we can come up with proposals to improve the limited partnership, to promote it as an interesting and successful form of business association.
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In this paper we present some didactic strategies based on metacognition. Metacognition represents a person's ability to be aware of mental and even emotional states. Metacognitive teaching is an important component of the teaching process that involves activating and monitoring knowledge processes, acquiring knowledge, training and development of skills, competencies in pupils/students. Metacognitive teaching leads to effective learning that can be achieved by all pupils/students, even by those with limited intellectual difficulties and/or abilities, being accompanied by an increase in cognitive ability. The purpose of metacognitive teaching is to “learn to learn”, in other words it aims to consciously activate all the skills and procedures designed to ensure effective learning that can be used in different contexts and in new situations. The metacognitive didactic approach is a topic of recent research and development in the field of cognitive psychology and is currently applied with positive results in both general didactics and special psycho pedagogy.
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This dissemination article provides the necessary guides to understand how our environment is in a revolutionary change where technology is setting the goal to be achieved, where we must be hyperconnected and hyperglobalized, which implies the need to be up to date in digital skills, This characteristic has become an almost essential requirement for any citizen. But when, in addition, we talk about digital skills in the field of education, they begin to acquire a vital dimension that implies continuous updating, an essential requirement to understand today in order to respond to tomorrow. Professionals of the 21st century must not only have digital skills, but must also have the ability to renew them day by day, attending to innovation as a constant transformation, education as a standard of improvement, and technology as the bearer of effective responses. Throughout this article we will have the opportunity to delve into innovative culture as a process of change, really asking ourselves what we mean by change and culture. Thus, it will be necessary to understand how new organizations work and the environment in which we teach, so that the educational institution is the germ of new ideas. It is about the continuous transformation of educational centers becoming the axis of innovation as qualified change, taking into account the impact of technologies on education, technological progress, the digitization of environments and the motivators of change as opposed to resistant to change.
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The creditor’s option to enforce or not a non-final enforceable judgment is not likely to affect its right to obtain enforcement, in terms of limitation of the right to obtain enforcement, since according to art. 706 para. (2) of the Code of civil procedure, as regards judgments, the limitation period shall begin to run from the date they remain final. Compared to the situation of enforcement of an enforceable judgment not being final, we find that the arbitral award notified to parties is final and likely to be enforced, as resulting from Article 615 of the Code of civil procedure setting forth that the arbitral award represents a writ of execution and is enforced just as a judgment. Therefore, by reference to Article 606 of the Code of civil procedure, the arbitral award shall become final upon its communication, and the limitation period of the right to obtain enforcement starts to run, in virtue of Article 706 para. (2) of the Code of civil procedure, even if the action for annulment was filed against the respective arbitral award.
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Nowadays article 729 paragraph (7) from the Romanian Code of Civil Procedure provides that special-purpose allowances, established by law, cannot be seized for any kind of debt. Also, in the case of garnishment, some categories of amounts listed in article 781 paragraph (5) from the same normative act cannot be subjected to forced execution. Therefore, also taking into account the recent jurisprudence of the High Court of Cassation and Justice as well as some elements of comparative law, this short study aims to analyze the evolution of the legal framework on these amounts which have a fully unattachable nature.
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The article examines the compatibility of the legal provisions regarding the determination of the jurisdiction of the enforcement court with those regarding the optional territorial jurisdiction. Arguments are made in favour of the interpretation that optional jurisdiction is applicable only in litigation. Therefore, in non contentious proceedings, such as the approval of forced execution, the competence will return, in all cases, to the enforcement court, while in the case of enforcement appeals or other incidents or contentious requests, the provisions of art. 127 para. (1) and (2) in the Code of civil procedure become applicable, depending on the procedural position of the subjects mentioned in it.
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The class actions are a mechanism that functions in several Member States of the European Union and represents generally a legal way to render easier the access to the justice by a higher number of consumers whose rights are damaged or suffer from material losses. In the Czech Republic in the present time there is a draft of law that should introduce the legal institute of class actions into the Czech legal order. This article intends to analyse the most important principles of the system of class actions and its functionning in the Czech Republic according to the draft of law as well as its compatibility with the system of class actions in preparation in the European Union.
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Mediation in the Republic of Moldova after almost 12 years since the adoption of the Law on mediation no. 134/2007 (entered into force in 2008), modified by Law no. 137 of July 3, 2015, had appeared as an alternative extrajudicial defense procedure with a benevolent and bilateral character, which aimed to effectively resolve disputes between the parties. The purpose of the new law on mediation was and is, moreover, to improve the efficiency of the activity of mediators and to stimulate the appetite of the parties, involved in a conflict, by appealing to the institution of mediation, thus clearing the courts. If the litigation in court is the traditional form of dispute settlement, based on the action being brought before the courts where the judge listens to the parties' arguments regarding the interpretation of the law applicable to the respective case and then decides in favor of one of the parties, the mediation comes to overturn the prejudices that a court decision is more valuable or that justice can only be obtained in the court. In the context of the Law on mediation, the Supreme Court of Justice of the Republic of Moldova came up with a series of legislative proposals to establish mandatory judicial mediation, as an indispensable way of prior and amicable settlement of disputes. As a consequence, the Law no. 31 ”To supplement the Code of Civil Procedure of the Republic of Moldova no. 225/2003 ”, which was aimed at promoting the institution of judicial mediation, having completed the Civil Procedure Code with chapter XIII1“ Judicial mediation ”(art. 1821 1825). Thus, judicial mediation and extrajudicial mediation develop together, constituting the two fundamental components of 21st century justice. Judicial mediation and extrajudicial mediation pursue different goals, which, however, converge towards a common goal: to solve, through synergy, timely conflicts, in a satisfactory and economical manner. Mediation is perfectly suited to disputes that have resisted all other forms of out of court settlement. Through mediation, the parties are brought in to resume their dispute and to try to resolve it according to their interests. The multitude of legal, financial, psychosocial aspects and, in particular, regarding the duration of the conflict resolution through justice, as well as the emergence of the "institution of the mediator" make the mediation, in its capacity as an alternative for the modernization of the judicial system in the Republic of Moldova, to be a particularly complex one. Judicial mediation has a flexible character, is fast and focused on amicable settlement of the dispute, it removes various shortcomings of the adversarial system and represents a powerful alternative to a process that resolves and less reconciles. In judicial mediation, the parties have the prerogative of admitting or rejecting any amicable settlement of the dispute, the judge having only the role of assisting and facilitating the parties' discussions, treating them from a neutral position, while the parties have an active role in resolving the dispute. The institution of mediation was created to improve the judicial system in a constructive way, not to replace the traditional litigation in court. The parties may use the mediation process before or during the litigation in court to prevent a civil action, or to prevent a decision that will not be accepted by at least one of the parties.
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