Viaţa universitară cu statut special

Author(s): Andreea Cîrciumaru / Language(s): Romanian Issue: 1/2017

The normative act that regulates the entire Romanian education system at present is Law no. 1/2011, the national education law, as amended and supplemented. The latter is an organic law and, as such, in the hierarchy of normative acts of Romania, the only act with legal force superior to an organic law is the revised Constitution of Romania. Both the institution as a whole and its teaching staff will be subject to the provisions of Law no. 1/2011, but only in the aspects in which this normative act intends to establish special regulations on the organization and functioning of the institution and to deviate from the regulations that are usually applied to the units subordinated to M.A.I

Unele aspecte de drept comparat referitoare la protecția drepturilor celor administrați în relația cu administrația publică

Author(s): Andreea Cîrciumaru,Cătălin Stănculescu / Language(s): Romanian Issue: 2/2013

The citizens, through the application of the rules of law, are subject to the provisions of administrative bodies, provisions by which they are ordered to do something, they are prohibited from or permitted to act in a certain manner. These bodies in their work often exceed the limits of the law when they prescribe a certain conduct, thus causing potential or actual damage to the citizens. The control over the public administration is the means by which one examines whether its structures act in accordance with the benchmarks set out and the overall goals of the government. The function of such control is to reveal deviations from the legal norms and establish corrective measures for law enforcement action.

Prognoza şi planificarea personalului – componente ale dreptului la carieră

Author(s): Eugeniu-Ciprian Constantin / Language(s): Romanian Issue: 2/2012

The personnel prognosis and planning represents essential responsibilities of the organization. The achieving of the objectives, in the complexity of the activities that it carries on, imposes to the institution the attraction of an adequate and in sufficient number personnel. In this way, the efficient administration of the planning process within the organization, must give responsibilities and must professionalize the personnel with planning duty, must sustain the personnel with planning duty, the efficient organizing of the planning, aspects which, if they were approached in a pragmatic manner, they could assure the success of this process

Nekontrolisana tužilačka moć

Author(s): Branko Perić / Language(s): Bosnian Issue: 34/2018

The author discusses the issue of uncontrolled prosecutorial powers through an analysis of manifestations of abuse of prosecutorial powers in the segments related to granting immunity, concluding guilty plea agreements, witness intimidation, elimination of defense attorneys from criminal proceedings, undercover investigator’s inciting suspects to commit criminal offenses, and charging the accused repeatedly for the same facts, concluding that it is necessary to have an efficient control of the exercise of prosecutorial powers in order to check these tendencies and secure lawful prosecutorial operations. At the same time, the author puts forward, in the form of theses for consideration, certain proposals as to the ways in which it is possible to exercise control of prosecutorial powers, while avoiding the risk of jeopardizing prosecutorial independence. In that regard, the author points to possible amendments to the criminal code (incrimination of violations of law by prosecutors), introduction of internal and external control mechanisms, as well as broader judicial powers in supervising the investigation process.

O odpowiedzialności karnej, uzasadnieniu kary i koncepcji komunikacyjnej karania

Author(s): Michał Peno / Language(s): Polish Issue: 2/2014

The article concerns the concept of punishment as an act of communication. Some retributivsts (i.e. ‘positive’ retributivists) believe that punishment communicates a censure. The article’s central proposition is that the act of communication is, in fact, strongly connected with the criminal responsibility. Furthermore, responsibility should not be identified with punishment. The so called positive retributivists claim that in order to fulfill communication purposes, offender have to be punished. However, punishment seems to be conceptually independent of the process of moral communication. It is shown that communication is linked with the very idea of criminal responsibility and the censure should by communicated through responsibility. Therefore, the article offers the view of responsibility as a complex process. Responsibility is an important social practice which in many cases can substitute punishment, particularly in its communicative aspect.

’EMPLOYING’ OF SELF-EMPLOYED PERSONS

Author(s): Marián Mészáros / Language(s): English Issue: 1/2018

This paper deals with topic on potential legal consequences in case of contracted self-employed entities which would perform dependent activity (i.e. work). This paper provides a comprehensive overview of contracting self-employed persons to perform dependent work. This paper not only deals with legality of such practice in the Slovak Republic but also examines and assesses the legal practice of the relevant and competent public authorities in this sphere. Besides the evaluation of the legal situation in the Slovak Republic, this paper also provides an overview of the existing legislation mostly in the Czech Republic as well as an overview of recent case-law of the European Court of Justice in this particular sphere. In this paper author provide analysis of legal issue of employment of self-employed persons not only from the viewpoint of legal system of the Slovak and Czech Republic but also examines this phenomenon using an analytical and comparative method with selected European countries. The aim of this paper was from acquired knowledges draw conclusions and proposals de lege ferenda for the Slovak legislator and public authorities to improve the solution to this legal problem. In conclusion of this paper are mentioned recommendations for another research in this area.

PERSONALITY ASPECTS OF THE EMPLOYEE AND THEIR EXPLORATION FROM THE GDPR PERSPECTIVE

Author(s): Jana Žuľová,Marek Švec,Adam Madleňák / Language(s): English Issue: 1/2018

The paper addresses the issue what impact the personal aspects have on work performance in the light of the current European legislation on protection of personal data. The authors focus on two selective issues (mental ability and physical ability) with a practical impact on the activity of the employer. The goal of the submitted contribution is to assess whether the information about the mental and physical health of the employee is considered to be a personal data or sensitive information, and what legal basis the employer has for processing this data. Assessed is the holistically perceived personality of the employee with an emphasis on information about his mental and physical health, since it affects the legislation handling personal data. The second part of this study examines the legitimacy of processing personal data in the work environment of the employer. A resolved partial issue is the possibility of the employer to receive information about the mental health of the employee even if specific legislation does not provide such a prerequisite for work performance. To examine the defined legal issue we applied qualitative methods, critical in-depth analysis of the law and logico-cognitive methods. Based on the legal background and personal opinion, the authors consider determining the concept advocated by WP29, which provides a broad meaning of the term personal data regarding the health condition. According to this, the employers should consider not only the specific information about the health condition of the employee, but also the data concerning the health condition that can be deducted from the existing data.

Fridrich II Celjski kao pretendent na bosansko prijestolje

Author(s): Pejo Ćošković / Language(s): Bosnian Issue: 37/2007

U svom prilogu autor govori o historijskim, rodbinskim i pravnim odnosima i okolnostima nasljednog prava na temelju kojih se je grof Frederik Celjski javio kao pretendent na bosansko prijestolje. On je svoja prava temeljio na činjenici da je kćer Stjepana II Kotromanića Katarina bila udata za njegovog bliskog rođaka grofa Hermana Celjskog.

Deklaracija ZAVNOBiH-a o pravima građana Bosne i Hercegovine – Historijski značaj i aktuelnost –

Author(s): Kasim Trnka / Language(s): Bosnian Issue: 37/2007

U svom prilogu autor izlaže sadržaj i ocjenjuje značenje dviju Rezolucija donesenih na dva prva zasjedanja ZAVNOBiH-a, onog u Mrkonjić Gradu 1943. i onog u Sanskom Mostu 1944. godine. On nastoji da ukaže u čemu je historijska važnost i kakav je demokratski i uopće ustavno-pravni sadržaj i politička orijentacija tih dokumenata, kojima je ne samo obnovljena bosanska državnost nego i definiran demokratski sadržaje nove države.

Особености на съдебната система на САЩ

Author(s): Elizabeth Stong / Language(s): Bulgarian Issue: 1/2018

On 28 March 2018 in the Aula of New Bulgarian University in the presence of students and professors of the Law Department a public lecture dedicated to the issue of some specific features of the US judicial system was presented. The lecturer was Hon. Elizabeth Stong who is at present U.S. Bankruptcy Judge for the Eastern District of New York1. The event has been organised by the Law Department of New Bulgarian University together with the Bulgarian Institute for Legal Initiatives.

Corporative governance, медиация и арбитраж в дружественото право

Author(s): Polya Goleva / Language(s): Bulgarian Issue: 2/2018

The focus of Directive 2013/11/EU of 21 May 2013 on alternative dispute resolution of consumer disputes is set on the mediation in disputes, arising from sales and service contracts, in which one of the parties is consumer, but а lot of disputes remain outside the field of the directive, and are ready to be resolved by alternative methods. In theory mediation is not allowed in tax–, administrative–, family–, and labour – and social disputes. This article brings up the question whether and to what extent mediation could contribute to the creation of best practices for corporate governance of the public limited liability companies and whether it can be used to resolve disputes in company law. Mediation is examined as a means to optimize the negotiations between two parties and as an alternative to the existing tools for resolving conflicts. It can be useful in resolving conflicts, which arise in the relationships between persons who take part in the management of a company and which are the result of the tension between different groups of interests, in herent to the character of the business activity. The results of mediation go beyond the boundaries of the decision in the given case. Whereas the decision must be good for both sides, the resolution of the specific conflict improves the relations between the persons involved. This also has a positive influence on resolving the forthcoming conflicts and enhances corporate governance practices. That’s why in this paper there is an attempt to reveal the application of mediation in resolving disputes related to challenging the decisions of the general meeting of shareholders and disputes concerning the right to information. Both types of disputes refer to the control over the legality of the decisions of general meetings of shareholders. Mediation cannot be bypassed through judicial claims as the parties are always invited by the court to refer to conciliation and to reach an amicable solution.

Относно начина за изчисляване на обезщетението по чл. 225, ал.3 от Кодекса на труда

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 1/2013

This legal analysis presents an opinion regarding interpretative case No 2/2013 of the General Assembly of the Civil Colleges of the Supreme Court of Cassation whose subject-matter provides an answer to the substantive issue about the calculation method to be used in order to define the compensation under article 225 (3) of the Labour Code. The said legal provision regulates the right of compensation in cases of illegal non admission to working place following the reestablishment of illegally terminated employment. The case-law of the Supreme Court of Cassation is not uniform which has necessitated the interpretative proceedings. In the article there is doctrinal interpretation of the legal provision of article 225 (3) of the Labour Code with regard to article 228 of the Labour Code. On that basis the answer to the substantive issue which is the subject-matter of the interpretative case is as follows: The amount of the compensation under article 225 (3) of the Labour Code is defined on the basis of the most recent remuneration in a full employment month, which the worker has received before the illegal termination of his/her employment. This amount is not dependent on any later raise of the amount of the minimal salary in the period of illegal non admission to work. In this opinion there is also criticism of the arguments in support of the other two views submitted in the course of the interpretative proceedings.

Mechanizm rozprzestrzeniania się wiosek tematycznych w Polsce

Author(s): Anna Kłoczko-Gajewska,Olga Markiewicz / Language(s): Polish Issue: 3/2018

Since 1997, more and more thematic villages have been emerging in Poland.Their development is based on a specific idea, such as a craft, fairy-tale, or a product.An idea to create such villages came from Austria and Germany, and during the first fewyears it was materialised based on grants from several foundations and the UE. The idea was spreading partly in an organised way (through development plans and community involvement programmes), and partly spontaneously. For the vitality and developmentof this idea it was essential to have a devoted promoter who wrote a handbook on thematicvillages establishment.

Recenzja książki Krystyny Krzyżanowskiej, "Ekonomiczno-społeczne uwarunkowania innowacji w zespołowym działaniu w rolnictwie"

Author(s): Bogdan Klepacki / Language(s): Polish Issue: 3/2018

Z biegiem lat i wydarzeń. Recenzja książki: Andrzej Rosner, Ruta Śpiewak, Edyta Kozdroń, "Patrząc na wieś. Sto lat rozwoju polskiej wsi"

Author(s): Marcin Makowiecki / Language(s): Polish Issue: 3/2018

Building Modern Rural Development Policies for Poland

Author(s): Dominika Milczarek-Andrzejewska,Adam Czarnecki / Language(s): English Issue: 4/2018

O VIZIUNE GLOBALĂ ASUPRA SITUAȚIEI PATRIMONIALE A SOȚULUI SUPRAVIEȚUITOR ÎN DREPTUL ROMAN

Author(s): Alina-Emilia Ciortea / Language(s): Romanian Issue: 1/2019

We conducted an analysis of the succession rights of surviving spouse the succession rights of surviving spouse in Ancient Roman Law, Pretorian Law and Imperial Roman Law. Thus, we have done research starting from the Law of Twelve Tables, dating from Ancient Roman Law and we have come across the years until Iustinian’s Codification, in the 6th century BC. The focus is mainly on the historical and sociological context in which the surviving spouse had a usufruct over the decedent’s share which was generated by the transmission of the estate of the deceased and the termination of the matrimonial regime. Concerning every relevant historical period, we have studied the mandatory conditions that needed to be fulfilled in order to provide a legal usufruct to the surviving spouse. However, to enhance the fluency of the study, we have made some remarks related to the rights of the surviving spouse and other heirs, in general.

ПРАВОТО НА НАСЛЕДЯВАНЕ – РИМСКОПРАВНИ ОСНОВИ

Author(s): Ventsislav L. Petrov / Language(s): Bulgarian Issue: 3/2018

In the article are researched the roots of the right of inheritance, as a right to accept or to renounce the inheritance, in the Roman private law. An overview over the acquirement of the inheritance in the different periods of the development of the Roman law is made. The author noticed the status of the different groups of heirs in every one of the periods. A conclusion is made that one part of the heirs received a right, which is the same like the right of in-heritance in the contemporary Succession law.

ЗА НЯКОИ ВЪПРОСИ НА ДЕЕСПОСОБНОСТТА

Author(s): Tihomir Rachev / Language(s): Bulgarian Issue: 3/2018

The issue of a future amendment of Persons and Family act has not been resolved from 2014 until nowadays. In the beginning of the motives of the project for Persons and measures of support act is indicated that changes in the institute of legal capacity are necessary. This institute is of fundamental importance to the legal system and its modification must be made taking into account a number of peculiarities. A starting point in the debate about future changes may be Roman private law. The complex structure of this institute in Ancient Rome can be a major source of ideas for the reform of the modern institute. For this reason the report aims at analyzing the possibilities for changing the age at which maturity occurs in the light of Roman private law.

ИСТОРИЯТА НА НЕНАИМЕНОВАНИТЕ ДОГОВОРИ И НЕЗАПОЧНАТИТЕ ДЕБАТИ ЗА ТЯХ В СЪВРЕМЕННОТО НИ ПРАВО

Author(s): Dimitar Stoimenov / Language(s): Bulgarian Issue: 3/2018

The article deals briefly with the historical development of the innominate contracts, from mere agreements not fitting into any of the classical categories of the Roman contracts – the formal, real and consensual contracts to a bunch of diverse pacts which were actionable and had a binding character for the parties who concluded them. After the terminological clarifications introduced by the glossators and under the influence of the cannon lawyers, the commercial practices and the school of the natural lawyers there is no further doubt that innominate contracts have the same binding effect between the parties as all typical contracts, e.g. the sale, the lease and the mandate. The principle “pacta sunt servanda” becomes the major concept behind the conclusion of a contract in the European codifications of the XIX century. The next chapter of the article makes an overview of the regime of the innominate contracts in Bulgarian law after the Bulgarian Deliberation until present by rendering the Bulgarian readers a possible answer how to find the rules applicable to the innominate contracts.