THE IMPACT OF MORAL (PSYCHOLOGICAL) HARASSMENT AT WORK ON ROMANIAN WORKERS’ RIGHT TO DIGNITY AND INTEGRITY

Author(s): Radu Răzvan Popescu,Isabela Delia Popa / Language(s): English Issue: Supliment/2016

The paper aims to outline the severe implications of moral (psychological) harassment at work on Romanian workers and the extent to which such behaviour impacts human dignity, as the basis of human rights law. The study has as starting point the EU guidelines with respect to health and safety at work and further details on the Romanian legislation regulating psychological harassment at work, with a focus on the lack of sufficient regulation addressing this issue. The paper also includes a brief analysis on the legal means available to workers under the Romanian law to fight against moral harassment at work, with a view to outline the quantitative and qualitative aspects deriving from such. As a conclusion to the study undertook, the authors outline the main steps to be further taken, both in terms of legislation and good practices, to ensure a better approach of this issue and a proper reflection of the impact of moral (psychological) harassment at work on Romanian workers’ right to dignity and integrity.

THE RIGHT TO EDUCATION – A SINE QUA NON CONDITION IN THE TRAINING OF RESPECT FOR THE LAW

Author(s): Elena Roxana Vişan / Language(s): English Issue: Supliment/2016

The reform of the Romanian education system introduced a number of educational policies and practices oriented toward the concern of human rights and of fundamental freedoms, achieving a concordance between the principles of a democratic society: pluralism, the rule of law and the separation of powers in the state and the representativeness. The evolution of the society based on values such as freedom, justice, equality, responsibility and tolerance can not be maintained only by the affirmation of the right to education perceived as solid foundation, consciously assumed by each and every individual. The right to education must be promoted and respected by correlating with the evolution of the legislative, economic, and social-political system, through put control to the relationship between the students, the judicial regulation and the labor market. Such an education provides equality of chances for a continuous, varied and of good quality learning, with an emphasis on the skills, the attitudes and the civic behavior reported to the community’s requirements. The purpose of education in the third millennium advocates the need for the transmission of the right to education by a culture in the spirit of the law, in which the judicial regulation is the epitome of the organization, the functioning of the rule of law, and also the guarantor of respect for fundamental human rights and freedoms.

ASPECTS OF THE PROTECTION OF MIGRANT CHILDREN’S RIGHTS IN THE EUROPEAN UNION LAW

Author(s): Irina Moroianu Zlătescu / Language(s): English Issue: Supliment/2016

The present study is based on the implementation of the UN Convention on the Rights of the Child in terms of immigration in recent years in Europe. There are analyzed some aspects of migration regulations and their implementation in cases of underage migrants in the European Union.

LEGAL PROTECTION OF REFUGEES IN PUBLIC INTERNATIONAL LAW

Author(s): Petru-Emanuel Zlătescu / Language(s): English Issue: Supliment/2016

This study aims to highlight the provisions of The Geneva Convention on the Refugee Status, which is determinant for defining the notion of refugee and the right to asylum as a fundamental right of the European Union. The special significance of the Charter in this field is reflected by the fact that it raises the right to asylum at the rank of a norm in EU primary law, since according to Article 6 of the Treaty regarding the European Union, the Charter ”has the same juridical value as that of the treaties”.

RELOCATION OF ASYLUM – SEEKERS IN THE EUROPEAN UNION

Author(s): Alexandra Bucur / Language(s): English Issue: Supliment/2016

This study analyzes the emergency situation characterised by a sudden inflow of nationals of third countries in Europe. Member States have increased their efforts to set up measures of solidarity and fair sharing of responsibility for relocating a significant number of applicants from Greece and Italy, in clear need of international protection. This article examines the relocation procedures and implications resulting from the commitments of Member States. The rights and obligations of applicants for international protection covered by the relocation process are also presented.

CONSIDERATIONS REGARDING THE INTERNATIONAL COURT AGAINST TERRORISM

Author(s): Mihai Floroiu,Florin Tudor / Language(s): English Issue: 02/2017

The 2015 terrorist attacks in Paris and Brussels, caused by exponents of a new type of terrorist movement, have brought to the attention of the international community the need to be aware of the fact that terrorism has no borders and that only by concerted action of the entire international community may try to stop the phenomenon that ideologically and religiously recalls the Middle Ages and the expansion of the Ottoman Empire. Hence, two EU States decided to propose the creation of a specialized court of justice aiming at bringing terrorists to justice, thus reducing the risk of further perpetrating such actions. This paper will try to focus on the idea of such a court, as well as on the feasibility of an endeavor of this kind.

THE PROTECTION OF PLANT VARIETIES AS AN ACTIVATING ELEMENT OF THE EUROPEAN AGRICULTURAL SECTOR

Author(s): Vicente Molés Vilar,Ana Vigo Valverde,Constantin Vidineac,Razvan Rosu / Language(s): English Issue: Supliment1/2017

The European Union appears with the objective of ending the situation of war lived in the previous years. The principal aim of the founding fathers of the EU was to secure peace in all these countries. These original states were Belgium, France, Germany, Italy, Luxembourg and the Netherlands.

THE RIGHT TO HAPPINESS AT WORK: THE PERSPECTIVE OF THE ROMANIAN LEGISLATION

Author(s): Radu Răzvan Popescu,Isabela Delia Popa / Language(s): English Issue: Supliment2/2017

The paper aims to outline that, despite the lack of specific regulation addressing the right to happiness at work under the Romanian legislation, there is an indissoluble connection between happiness, well-being and respect of human dignity that defines the working environment in Romania and employees’ productiveness at work, thus transposing happiness at work into a set of social values that need to benefit from proper legal protection. A recent study carried out in Romania reveals that happiness at work is not linked to low-paid jobs or poorly-equipped working environments, but mainly to the level of content of workers with respect to their person and to the opportunity to develop their career. What guarantees does the Romanian legislation offer to this extent?

IMMIGRANTS IN SEARCH OF DEMOCRACY AND HUMAN RIGHTS

Author(s): Lucia Ștefania Avram / Language(s): English Issue: Supliment2/2017

The author of this articles analyses the main legal norms that should be taken in consideration regarding the minor immigrants and the vulnerable people among immigrants. The author will present the main international, European and national norms and will make a comparison between them to understand the differences and the most favorable and the hardest regulation.

THE LEGALITY PRINCIPLE IN THE ACTIVITY OF THE PUBLIC ADMINISTRATION – CROSSING BETWEEN ENVIRONMENTAL PROTECTION AND POLITICAL NEGLIGENCE. A CASE STUDY

Author(s): Andrea Kajcsa / Language(s): English Issue: Supliment2/2017

It is unanimously accepted that the principle of legality is paramount in the activity of the public administration, especially of the local public administration. However, there can be events in the life of a community when the political factor, driven by the desire to pursue a higher purpose, of great meaning for that community and under great scrutiny and pressure from the public opinion, as is for example the need to protect the environment and to think in terms of sustainable development, can choose to overpass the need to respect the principle of legality. Having a case-study as starting point, we analyze in our paper the role different public authorities had in adopting a local normative administrative act that does not comply with the legality principle, under the expressed wish to protect the environment. We will examine if the political factor chose the best legal solutions for pursuing environmental protection.

EXTREME WEATHER EVENTS IN URBAN AREAS. A LEGAL VIEW

Author(s): Victor Marcusohn,Maria Fodor / Language(s): English Issue: Supliment2/2017

The main objectives of the current paper are the need to promote adaptation programs for urban areas; the need for increasing proactive actions of local authorities, in response to the extreme weather events related to climate change; the need of raising public awareness and improve citizens’ access to information on the emergency situations and measures in response to the natural events. At the global scale, the urban areas are responsible for a significant share of greenhouse gases (GHGs) emissions. Bucharest is under an increased exposure and vulnerability to heat waves and floods which are going to be more frequent and persistent then prior. The current analysis is based on a methodology aimed to improve the use of climate risk assessment in decision making related to disaster reduction and adaptation to climate changes in large urban agglomerations. As main result, the emergency measures in response to the storm taking place in Bucharest, on September 20, 2017 were planned and enforced in a better manner then prior. The population reacted faster in urban areas then in the rural region. It was observed a more positive attitude of the citizens. The main conclusions are: a real increase of the public awareness in taking immediate action in the case of extreme weather events; the necessity of undertaking periodic analysis for improving appropriate prevention and proactive procedures and measures for such extreme weather events; the proactive action refers to exercises with target groups potentially exposed to such events.

K odrazu premien súčasnej európskej spoločnosti v živote kresťana

Author(s): Jozef Králik,Kristína Králiková / Language(s): Slovak Issue: 1/2022

The majority population of the Slovak Republic professes Christianity. It has been a part of the Slovak statehood and society since the existence of Nitra Principality to the present. The Christianity accompanied the Slovaks through the Great Moravian Empire, the Kingdom of Hungary, Austrian Empire, Czechoslovakia. However, the qualitative parameters of the clergy and finally the position of Christians are changing more and more in the current Slovak society integrated into the European Union. Especially under the pressure of the aggressively promoting so-called liberalism. This raises the question of whether it is better to prioritize the authoritarian and Christian-based functioning of the state or to favor a liberal-democratic constitution with a growing dictatorship that tends to have full control over European nations and resigns in the interests of European civilization. The ideology of Islam thus stealthily creeps into the Christian states of Europe. Convergent to this state, we drafted the text of the paper. Based on an analysis of the current state of European society, the contribution concludes with the hypothesis that changes in contemporary European society have a significant impact on the lives of Christians in the Slovak Republic and in the European Union.

Модел „Качество за права“ – мнение на специалисти от центрове за настаняване от семеен тип за деца за приложимостта на модела

Author(s): Dashenka Kraleva / Language(s): Bulgarian Issue: 1/2019

Social work, like any service activity, is important to be effective. Evaluation of the quality of social work is part of the process of enhancing this efficiency and, accordingly, the benefits to clients. The specifics in this case are that clients are vulnerable people in need of support. The “Quality for Rights” model explores systematically the opportunities created to realize the rights of children in residential services. The feedback from staff of the Family type homes in which the model was tested provides guidance for its relevance and improvement.

Brief Incursion on State Intervention in Children’s Rights to Education through Physical Education

Author(s): Jean Firică,Manuel Cristian Firică / Language(s): English Issue: 14/2021

The protection of children against abuse and neglect is enshrined in international conventions and national laws. Romania has had a governmental political commitment focused on investing in children’s education through physical education. Government investment policy is conditioned by the nation’s health, the level of obesity and the costs associated with health care, a sedentary lifestyle and dropout rates. The effects of physical activity, cognitive functioning, the development of positive psychosocial qualities, increased levels of participation and training are well monitored. We will try to exclude destructive behaviour and promote an active lifestyle for maintaining health, counteracting antisocial behaviours and promoting social inclusion. The government’s investment commitment resonates in this context by trying to reconcile the historical opposition between physical education and sport in partnership approaches on children’s rights.

Administration and Regulation of Capital Markets in Hong Kong and the Role of Judicial Review

Author(s): Muruga P. Ramaswamy / Language(s): English Issue: 14/2021

Public administration could play a critical role in ensuring a fair and effective functioning of the capital markets. Promoting a vibrant and sustainable financial market warrants a delicate balance between the administrative powers and the rights and interests of the involved stakeholders. The present paper examines the structure and powers of specific administrative mechanisms in HKSAR to assess the scope and limitations of public administration in influencing the functioning of the capital markets. The paper investigates how the instrument of judicial review in HKSAR has sought to serve as a check and balance of the powers conferred upon the administrative mechanisms and other relevant rights and interests. The paper concludes with an analysis of the critical features of the regulatory, administrative and judicial mechanism in HKSAR to determine whether public administrative instruments and bodies have a positive role to play in enhancing the attractiveness and the confidence in capital markets for local, regional and international stakeholders.

Restrukturyzacja pozasądowa

Author(s): Aleksander Jerzy Witosz,Dorota Benduch / Language(s): Polish Issue: 1/2022

The article deals with the issue of the so-called out-of-court restructuring, which is a proposal for further improvements to be introduced to the restructuring proceedings system. Out-ofcourt restructuring conducted with omitting the stage of judicial approval of the arrangement is currently unknown to Polish law, but it has been provided as an option by the European legislator in the pending implementation of the Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualification measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132. The main objective of this paper is to attempt to assess the legitimacy of introducing solutions concerning out-of-court restructuring into domestic law. The research thesis is that this kind of restructuring is an effective instrument that allows for the acceleration of the proceedings, however, a significant obstacle to its effective implementation in practice is the lack of interpersonal confidence, which is characteristic of business relations in Poland. To achieve the main aim and verify research thesis, dogmatic and comparative methods were used. Moreover, an analysis of statistical data on the assessment of social capital in Poland was carried out, referring to the welfare index developed by the Legatum Institute.

Cywilnoprawne konsekwencje wpływu postanowień umowy kredytowej na zdolność kredytową

Author(s): Marcin Kotlarz / Language(s): Polish Issue: 1/2022

The obligation to carry out a creditworthiness assessment set out in Article 70 § 1 of the Banking Law is usually considered a norm of public law significance which does not affect the private law sphere of a credit agreement. However, this view is based on an idealized assumption that loan agreements are neutral towards the borrower’s risk, which does not correspond to the conditions of the contemporary economy. Practical experience shows that creditworthiness, and consequently also creditworthiness assessment, may also depend on the structure of an adhesive loan agreement. In such cases, the erroneous message about the existence of creditworthiness becomes a form of pre-contractual information, which implies not only the public law liability of the bank, but also judicial interference in the sphere of relations between the parties of the agreement. Change in the interpretation of Article 70 § 1 of the Banking Law, which allows its informative function and private law sanctions for violating its disposition, is justified by developments in European Law and has already been initiated in the jurisprudence of the Supreme Court and Courts of Appeal.

Umowne zabezpieczenia finansowe polegające na przeniesieniu prawa do majątku wierzyciela: konstrukcja i rodzaje

Author(s): Włodzimierz Głowacki / Language(s): Polish Issue: 1/2022

The purpose of the article is to outline the general characteristics of agreements on financial collateral and reconstruction, by focusing on statutory financial collateral arrangements based on the transfer of rights to the creditor’s property. The structure of these securities takes into account the specificity of financial market transactions but also expresses certain universal features of this type of security. The analysis of these features may be helpful in contractual practice and in the construction of a normative model of security for the needs of general trade. The characteristics of fiduciary securities are a controversial issue and their admissibility is criticized. The above-mentioned arrangements, while implementing the objectives of the Directive, force a change in approach, at least in relation to financial collateral based on the transfer of rights.

Prawo w czasie pandemii COVID-19: analiza wybranych kwestii społeczno-prawnych

Author(s): Jakub Bandoch,Marcin Drewek / Language(s): Polish Issue: 1/2022

The aim of this paper is to present a catalog of the most significant socio-legal consequences that were caused by the COVID-19 pandemic. The considerations are based on the first comprehensive publication in the field of legal science: "Law in the Time of COVID-19". It aptly assumes that, in principle, the impact of the pandemic on society and legal regulations is perceivable on three basic levels: human rights, public law and private law. This article analyzes the most relevant legal issues, including in particular the protection of the right to privacy, election law, social welfare, as well as principal contractual clauses provided in order to secure commercial contracts against the impact of COVID-19. In conclusion of the considerations, it should be indicated that while the solutions introduced in various legal systems aimed at counteracting the impact of the pandemic generally fulfilled their role, but at the same caused negative legal consequences, which shall swiftly be removed.

Call for papers: Climate Change and Postgrowth – 30.09.2022

Author(s): Ruch Prawniczy, Ekonomiczny i Scjologiczny Ruch Prawniczy, Ekonomiczny i Scjologiczny / Language(s): English Issue: 1/2022