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The draft law on preventive restructuring transposing Directive (EU) 2019/1023 envisages creating the profession of restructuring practitioner. The aim of the article is to offer recommendations for the forthcoming legislation, which is to regulate the calculation of remuneration for this new profession. The article deals with the procedural position and tasks of the restructuring practitioner in preventive restructuring and compares them with the activities of the insolvency practitioner within the reorganization. Based on the similarities and differences, the article examines whether the existing model of remuneration of insolvency practitioner in the reorganization (monthly fee) can be considered a suitable inspiration for the planned decree on the remuneration of the restructuring practitioner. The recommendations de lege ferenda are also based on the analysis of alternative remuneration models (including the German transposition norm).
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The aim of this paper is to define the position and the role of the internal audit within the controlling mechanisms of a business group as these are supplementary to supervisory functions. In some jurisdictions, internal audit forms an essential function with respect to the corporate governance. However, powers of the internal audit body or function are affected and vary due to its position in various legal structures. Within the EU (and Swiss) legislative framework, internal auditing provides independent assurance that governance and internal control processes are operating effectively. As a controlling mechanism, internal audit is in general more efficient if established under the powers of the statutory body than entrusted with the supervisory body. The supervisory powers of internal audit on the group level in the various possible legal structures set forth by the law are, however, mostly dependent on the recognition of the internal audit powers by the local group entities.
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The absence of criminal liability of companies under international law has created a well-documented accountability gap. Some multinational companies, in their pursuit of profit motives, make decisions that lead to criminal conduct. The United Nations Framework of Analysis for Atrocity Crimes shows an increase in the involvement of mul- tinational companies in crimes of atrocity. The current international legal framework and the Rome Statute of the International Criminal Court pose a challenge in the prosecution of these companies as it does not recognise legal persons. However, the breakthrough comes from a decision to assert jurisdiction over legal persons by the Appeals Panel of the Special Tribunal for Lebanon. Even though the scope of this decision is limited, it is still a substantial shift in how the criminal liability of companies is perceived in international law. This paper analyses these recent developments and highlights possible solutions to end the accountability gap.
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On 30 April 2016, entered into force Regulation (EU) 2015/2120 (also known as Open Internet Regulation), laying down the foundation for net neutrality rules in the EU and creating an ex-ante regulation for the telecommunication services market, ensuring no discrimination for the users of the internet based upon the type of traffic. The regulation put the weight of the balancing act on NRAs (national regulatory authorities) and subsequently courts. The author aims to comment on the significant rulings since the adoption of the regula- tion, mainly focusing on recent rulings from September 2020 and September 2021 of the CJEU to analyse the development the net neutrality underwent in mere five years since the adoption of Open Internet Regulation and where the regulation might head next after those rulings.
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This paper is dedicated to business aspects of expropriation and further restrictions of ownership executed by state authorities. While strict proprietary implications of ownership restrictions seem to be self-explanatory and to arise from the very nature of such intervention, the business-oriented purpose of the affected estate is being taken into consideration rather exceptionally. Although such approach is partially based on the causal nexus limitations implemented during the establishment of value of the property as potential (and in many cases even hypothetical and speculative) use of the property cannot be perceived as a matter of course, in certain cases such use must be diligently considered in order to determine the actual extent of intervention into the constitutionally guaranteed rights. Using synthesis and analysis of current legal regulation, this paper aims to identify the implications of ownership restriction for business and suggest criteria for the assessment of the value of expropriated estate.
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This paper focuses on the analysis of the application of the principles and provisions of constitutional law to the area of copyright in selected case law of the Constitutional Court of the Czech Republic and confirms their general importance, which manifested itself in the problems of legislation and case law during the Covid-19 pandemic. The starting point is to identify the principles and individual provisions of the constitutional law of the Czech Republic applicable to the protection of intangible objects of copyright, in particular the provisions of Art. 34, (1) Charter of Fundamental Rights and Freedoms of the Czech Republic on the protection of the results of creative intellectual activity. The aim is to find out how the Constitutional Court resolves conflicts between individual constitutional rights when they are infringed. Further goal is to consider the concept of constitutional protection of this field in the Czech Republic to compare with the concept of constitutional EU law and with international law. This will be done using the method of analysis and legal comparison.
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The aim of this paper is to explore the link between the development of human rights regulations in International Law and business, as well as the inverse relationship of the influence of business activities on fundamental rights. In this regard, the evolution of this two-way relationship will be examined through the lenses of the United Nations Guiding Principles on Business and Human Rights, as well as the connections between the standards set out in this act and other international instruments on human rights The aim of the paper is to prove and highlight the need to address the issues of respect of fundamental rights from a global perspective and the multi stakeholders approach by taking into account all actors involved - states, companies, individuals. The concept of responsibility to protect fundamental rights will also be addressed as being relevant for changing the paradigm of their protection by transferring the burden from States to companies.
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Where human work has been used for centuries, new technologies have been imposed. Systems of generating new information and configurations that help solve problematic issues without human factor interference are imposed to us. Is this good for humanity? Some people believe that artificial intelligence will destroy jobs and human labor. Others, in studying history, believe that the stages of job loss were accompanied by the stages of job creation. We are facing a very rapid development of modern technologies today, and at the same time we have a situation where workers 'working hours are getting longer and are more difficult to handle, and we are far from decent working hours today. The method of online research was used in the paper. Basic hypotheses set during the research are: 1. The introduction of modern technologies makes the work easier, working hours become reduced and the work becomes more humane and more dignified. 2. More dignified work and shorter working hours leads to more stable family relation- ships. The purpose is to establish decent working relation and decent working hours. The goal is to protect the worker from hard labor and overtime work.
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The general objective of the postdoctoral paper is to develop a multidisciplinary and cross-sectional study to highlight the role of artificial intelligence in the globalization of democracy and the opportunities offered by technological progress related to the legal phenomenon as a matter of fact. At the same time, the study includes an analysis of the risks to which enterprises and public authorities are subjected in the context of using new technologies and the impact that legal vulnerabilities may have on the calculation of management risks reported through artificial intelligence applications. This article is an integral part of the author's research in the postdoctoral program within ASE Bucharest - Faculty of Law and is focused on the fact that the collaborative economy and participatory economy are major challenges of democracy in general and participatory democracy. Following the analysis of these two concepts, we tried to emphasize the importance of digital processes in the process of globalization of democracy. The author used for this study among the usual research methods, the empirical approach corroborated with the historical approach that underlined the practical relevance of the theses proposed by well-known authors in the field. Among the results and implications, we mention the dissemination of knowledge of concepts and their analysis to the academic community and beyond, and the study can be useful in calibrating and improving management processes both in private/joint ventures and in local and central public authorities.
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In the last decades, the concept of security has extended from the state power to ensure the sovereignty to the human dimensions of security. The environment security, health security, food security, personal security, community security, political security, economic security are all areas of security. The issue of security goes into many fields and, from the disciplinary perspective, the law has the role to grant the necessary framework. The article analyses current legal aspects of the health, environment and food security, considering their deep interdependency and their determining role to increasing the quality of life. The European legislative acts and institutions establish certain standards in these domains and they have a strong and growing impact on the normative evolution in our country. The study of European and Romanian law identifies some findings as start points for changing the current level of health, environment and food protection, having the human well being as purpose behind them.
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This paper is an analysis from a theoretical and case law perspective of the admissibility conditions for interim measures for security of arbitration costs and for security of claim. These types of interim measures belong to the category of interim measures that are less common in arbitral practice. However, according to recent statistics, applications for interim measures have increased exponentially in recent years. It is therefore important that the rules governing them are well-known by both parties as well as arbitrators, so that they can be correctly used in these situations. The major benefit is that the party requesting such measures will be protected from the possible insolvency of the other party. In other words, a party making unmeritorious claims who is also in a precarious financial situation could be discouraged by such a measure from pursuing possible bad faith claims. However, arbitral tribunals should carefully weigh the granting of such measures in order not to financially block the party initiating arbitral proceedings who may also be in a precarious financial situation due to the damaging actions of the party requesting such measures. Such a measure could amount to a denial of justice in international law, preventing the claimant's access to courts. What is essential in such a claim is for the arbitral tribunals to carry out detailed analysis, by balancing the interests of both parties in an attempt not to block the claimant's access to justice. This is why these types of requests are very rarely admitted, and only for sound reasons, as we will further demonstrate in the upcoming lines.
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By this study we propose to determine what are the conditions and limits of the collection and processing of personal data in the activity of professional evaluation of employees. Personal data are collected and processed in the context of employment relations also for the purpose of the appraisal of employees' professional activity. The monitoring of the employees' activity aims at evaluating the accomplishment of the specific responsibilities of the position, as well as the fulfillment of the individual and/or team goals. A discussion on personal data protection aims at the very analysis of the balance between the legitimate interests of employers in collecting and processing employees’ data and the reasonable expectations of employees when it comes to privacy. Facilities allowing real-time access of the employer to employee's location data via smart devices, that is considered less visible to employees, applications that record the time and pace of work, the facial expressions and gestures of employees provide more than a process diagnosis, but also the diagnosis and prediction of behaviors, automatically generating profiling.
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