![Zbigniew Ofiarski, Indywidualne konta emerytalne. Aspekty podatkowoprawne i organizacyjno-funkcjonalne, Wydawnictwo Difin, Warszawa 2020](/api/image/getissuecoverimage?id=picture_2021_64285.jpg)
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The purpose of this article is to explore the doubts raised after the legislator’s adoption of a new labour law measure in the Act of 2 March 2020 on special solutions related to the prevention, counteracting and combating of COVID-19 – the order to perform work outside the permanent workplace. First, a detailed analysis of said order is presented, followed by an examination of practical problematic issues in applying the law. Selected normative acts and relevant literature are reviewed to this end. It is ultimately concluded that employers need to consider specific health and safety obligations and GDPR when ordering remote working. It is also highlighted that work-related accidents are a critical problem in the context of health and safety regulations and remote work. The issue of disrupting the work-life balance is discussed, too. The article also demonstrates that the introduction of the order to perform work outside the permanent workplace into the Labour Code is a matter of time.
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The measures taken by the governments of the sub-Saharan states, especially in Nigeria and South Africa, in a bid to curb the spread of the dreaded corona virus (COVID-19) are discussed in this article. It is submitted that measures such as social distancing and lockdown of businesses exacerbated the existing problem of unemployment in sub-Saharan countries. Accordingly, this article analyzes the adequacy of the relevant laws and policies that were adopted by the governments of selected sub-Saharan African countries, namely, Nigeria and South Africa in a bid to stimulate the economy and to reduce unemployment in the wake of the COVID-19 pandemic. Nigeria and South Africa were selected because they are amongst the largest economies in sub-Saharan Africa. The authors argue that the governments of Nigeria and South Africa should adopt and enforce pragmatic policies that are backed by appropriate legislation to combat the huge unemployment rate which was worsened by the advent of COVID-19. The article highlights that the problem of unemployment in Nigeria and South Africa must be addressed through adequate review of the employment policies, finance policies, educational curriculum and other related policies. It further recommends the review of the empowerment and socio-economic policies of these countries in order to prevent restlessness, riots and poverty-related protests that are induced by massive unemployment of the youth, women and other marginalized persons in Nigeria and South Africa.
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The State Supervisory Board was regulated by the Presidential Decree No. 5 after the Constitutional Amendment Law No. 6771. The Board, which is also given the duty and authority to investigate, can prepare investigation and emergency reports. The execution of the reports of the Board has been discussed from past to present. Transactions, actions and reports prepared by the Board as an auxiliary institution, which takes action upon the direct instruction of the President, are considered preparatory. Preparatory operations are not enforceable as they are not final and executable. However, there are some measures that the Board can take in investigations and emergency reports. One of these measures is the measure of removal from office explicitly regulated in Decree No. 5. These are enforceable measures and can be prosecuted. In addition, these measures and their having enforceable power are a great innovation for the Board.
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In the study I Intend to examine some profiles relating to the organization of military fleets in the ancient Mediterranean and to integration policies in the military field, to their recruitment which have their roots in antiquity and, significantly, in the experience of Roman law.
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This study discusses certain situations involving the protection of natural resources by the Roman Law, some of them constituting the most remote antecedent of environmental protections that today constitute this branch of administrative law which the doctrine calls environmental law.
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Marcus Gavius, alias Apicius, born around 25 BCE, the author of the culinary work De re coquinaria, before his death travelled to the coast of Africa in order to obtain large shellfish that were to surpass those he had known up to then. This expedition was recorded by the sophist Athenaeus of Naucratis (Athenaeus Naucratita) (2nd / 3rd century AD) in Deipnosophistae 1.7b. Disappointed, Apicius, however, did not find satisfactory culinary products. In the Book IX entitled: „Seafood“ „De re coquinaria“ of Apicius we find the recipes for the preparation of dishes based on various seafood, such as: spiny lobster, European lobster, eyed electric ray, squid, cuttlefish, octopus, oyster, all kinds of shellfish, sea hedgehog, clam, Atlantic bonito, tuna, bullhead, salted fish, catfish and sea barbel. And although it is not known exactly what was written byApicius himself in the treatise, and what was added by a later compiler at the turn of the 4th and 5th centuries AD, , there is no doubt that the sea and the seafood played a great role in the life of Apicius. Was the journey of the Roman writer and culinary expert at that time something extraordinary? What kind of shellfish was Apicius cocus optimus looking for? Which legal regulations had the greatest influence on the sea journeys of an ancient gourmet - these are the questions that the current paper seeks to answer.
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Administration has always been full of dynamics in time and space, and the period of Roman conquest in Dacia is a very important one for the national history of Romania but also of Europe. Apulum, became in Roman times, the largest city in Dacia, the location being on the place where the city of Alba Iulia is located today. Here the residence of the general government of the three Dacians was established and it was a strong administrative center but it also played a rolein the Romanization of the population. Also in Apulum we find the 13th Legion of Gemina, an elite legion, in the Roman Camp of Apulum.
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Podczas 100. posiedzenia Międzyresortowej Komisji do Spraw Najwyższych Dopuszczalnych Stężeń i Natężeń Czynników Szkodliwych dla Zdrowia w Środowisku Pracy (dalej: Międzyresortowa Komisja ds. NDS i NDN), które odbyło się 2 grudnia 2021 r., oprócz przedstawienia planu działań na 2022 r. rozpatrywano propozycje wartości dopuszczalnych stężeń dla 2,6-di-tert-butylo-4-metylofenolu oraz 5-chloro -2-metylo-2H-izotiazol-3-onu i 2-metylo-2H-izotiazol-3-onu (masa poreakcyjna 3:1). Ponadto dyskutowano propozycję zmiany zapisu odnośnika 7. (w brzmieniu: Obowiązuje jednoczesne oznaczanie frakcji respirabilnej krystalicznej krzemionki) zawartego w rozporządzeniu Ministra Rodziny, Pracy i Polityki Społecznej z dnia 12 czerwca 2018 r. w sprawie najwyższych dopuszczalnych stężeń i natężeń czynników szkodliwych dla zdrowia w środowisku pracy (Dz.U. poz. 1286 z późn. zm.) oraz usunięcie tego odnośnika z pozycji 456 wykazu (pyły niesklasyfikowane ze względu na toksyczność), stanowiącego załącznik nr 1 do rozporządzenia.
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This article analyzes the structure of the Social Security system in Bulgaria in order to determine whether and to what extent it contributes to increasing income inequality. An analysis of the Social Security systems of other countries in the European Union shows that such is not applied in most of them, and where it is applied, it has significantly higher thresholds. In order to stop the increase of inequality through the Social Security system, it is necessary for the country to be as close as possible to the European Social Security practices.
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COVID-19 pandemic, among many other legislative changes, also led to the issuance of the Romanian Law on some measures to prevent and combat its effects. Law no. 55 of 15 May 2020 concerns the establishment during the state of alert of some measures in order to protect the rights to life, to physical integrity and to the protection of health, including by restricting the exercise of other fundamental rights and freedoms, and, in order to implement the measures provided by this law, the Government adopts decisions. The latter are normative administrative acts which enjoy a presumption of legality, so that, as long as the administrative act exists, it is presumed that it was issued in compliance with all the substantive and formal conditions provided by law, the obligation to comply with it being detached from that of compliance with the law. Therefore, the present study aims to highlight the legal regime of these normative administrative acts and the considerations of the Decision of the Romanian Constitutional Court no. 392 of 8 June 2021 precisely to illustrate the infringement of the right of access to justice, namely the absence of a regulation providing for a short-term procedure for the settlement of actions brought against the possible illegality of Government decisions issued under Law no. 55/2020, so that judgments can produce effective effects, that is while these administrative acts are applicable. Respect for the right of access to justice would also contribute to strengthening citizens’ confidence in the pertinence of measures taken to prevent and combat the effects of the current pandemic.
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Respect for human rights in general, but also for persons deprived of their liberty is a constant concern in any democratic state, which determines both the involvement of the courts in guaranteeing all rights in proceedings against persons in detention, and a special attention from the public authorities for outlining rules capable of effectively implementing legal regulations, but also the jurisprudence of European courts.The article analyzes the legislation applicable in Romania regarding the observance of the rights of persons deprived of liberty, through the prism of videoconferencing hearings, taking into account the general framework, but also the extraordinary legal norms adopted during the COVID-19 pandemic, including the ECHR jurisprudence. The main objective is to present the manner in which the rights of persons deprived of their liberty have been violated by videoconference hearings, even contrary to the consent of the detainee and without his lawyer being present at the place of detention. The aim of the research is to recognize the importance of respecting human rights during the COVID-19 pandemic, as well as to analyze the importance of the right to defense and a fair trial in the case of detainees heard by videoconference.
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The article analyses some health situations, which have not yet been resolved by the Romanian state, from the perspective of applicable legislation and documentation developed at the level of public authorities with competences in the field: the issue of palliative care and citizens 'access to them, citizens' access to medical services screening and monitoring of oncological diseases and the need for human plasma fractionation in our country. In the latter case, people with certain ailments find themselves in a situation where their right to health care is restricted due to the risk of not finding the right treatment. Unfortunately, the COVID-19 pandemic is an obstacle to either continuing public health policies or trying to take the first concrete steps in this direction. However, the pandemic does not suspend the conditions that depend on palliative care, nor the identification of oncological conditions or their monitoring. Also, the possible lack of immunoglobulins in Romania draws the line between the right to health care and the right to life. The information found in this research aims to make citizens aware of the importance of taking great steps in these directions and the ways in which their rights are respected, under the conditions provided by the Romanian medical system.
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Dismissal is the legal institution that, on the initiative of the employer or for reasons related to the employee, causes the termination of the individual employment contract. In case of application of the provisions of art. 65 of the Labor Code, regarding the termination of employment for reasons not related to the person of the employee, the topic is of the utmost relevance, in the current economic context. The legality of such a dismissal decision will relate to the existence of a real and serious cause, thus eliminating the possible subjective conduct of employers, not accepting the absence of the actual cause or the elements that define discrimination in employment relationships. The article discusses the conditions of legality of a dismissal decision leading to the termination of employment, as well as the accepted motivation, with reference to opinions in legal doctrine and practice.
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In a democratic regime, political parties are relevant actors in the constitutional architecture, undergoing both a constitutional and a legal regulation. The Constitutional Court goes further and, in its jurisprudence1, considers political parties as the main actors in constitutional life. The emergence of parties materializes the fundamental right of association and they are intended to define and express the political will of citizens. The Constitution qualifies pluralism, in general, and political pluralism, in particular, as a condition and guarantee of constitutional democracy. Political pluralism is seen in the doctrine2 as “a fundamental element of the process of conquering and exercising of power, of social leadership”. Political pluralism is also a supreme value, an essential value of society, guaranteed by the constitutional text in Article 1 paragraph 3 and Article 152, thus being intangible3. The legislative changes from 2015 allowed the appearance on the Romanian political scene of several local parties, together with the national ones, established either at level of locality or at county level.
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Organizational conflict as is considered legitimate and inevitable and may constitute a positive indicator of effective organizational management. This paper aims to analyse the legal provisions which establish the alternative dispute resolution methods and procedures regarding the individual labour conflicts through conciliation and mediation.
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U ovom radu, autor naglašava ograničenja i prepreke slobodnom kretanju radnika unutar Europske unije. Sloboda kretanja radnika utemeljena člankom 45. Ugovora o funkcioniranju Europske unije jedna je od temeljnih sloboda unutarnjeg tržišta čiji se osnovni princip najbolje ogleda u europskom zakonodavstvu i sudskoj praksi Europskog suda pravde i Suda Europske unije. Iako je sloboda kretanja radnika jedna od temeljnih sloboda u pravu Europske Unije, njena se realizacija u praksi još uvijek susreće s različitim spornim pitanjima,preprekama i ograničenjima. Država članica može građaninu Unije uskratiti pravo na ulazak ili boravak zbog razloga povezanih s javnim poretkom, javnom sigurnosti ili javnim zdravljem, a takve mjere moraju biti utemeljene na osobnom ponašanju pojedinca, čije ponašanje ozbiljno ugrožava određeni temeljni državni interes države članice. Unatoč velikom napretku koji je Europska unija postigla na ovom području, još uvijek postoje mnoge prepreke koje uglavnom vežemo uz socijalno osiguranje, oporezivanje te priznavanje diploma i stručnih kvalifikacija.
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The aim of the present paper is to compare the way in which the interwar students were trained and how the ones from today are doing the training. I will address the importance of the social service law for the young people who worked in rural areas, and then I will continue with the training of today's students who have a few hours of training, and in most cases it is not in the field. What I want to bring to your attention through this material is the growing number of Romanian students who finish a faculty and are being called specialists in the field relying only on statistical data. The state invests in their training by offering free education and granting scholarships, but after the students’ graduation, it does not get anything in return. To analyze this issue I will use the report on the state of higher education in Romania 2017-2018 and media data releases.
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Globalisation led to reduction of barriers between countries and intensified international interdependency such that developments unfolding in a faraway country now affect the rest of the world in economic, political and social aspects (Giddens, 1990). The Zimbabwean labour market and its national labour legislation has not been spared from the impact of globalisation. Zimbabwean labour legislation had had several amendments from its inception in 1985 to date. The amendments done at each epoch had caused serious outcry from both labour and business with the main accusations arising from unions who claimed that the effects of globalisation and government’s desire to lure foreign direct investment (FDI) led to serious bias towards employers. It is against this background that this article’s objective is to interrogate the impact of globalisation on labour legislation for employers. The article adopted a qualitative paradigm and made use of interviews and participants memoirs to understand this phenomenon. Results were analysed thematically by use of both Nvivo 10 and manual coding. Results showed that globalisation has impact on labour legislation for employers. Foreign direct investment and special economic zones were identified as drivers of globalisation responsible for positive impact on labour legislation for employers by influencing deregulation of unfriendly employment laws, instituting flexible contract of employment, easy termination of contracts of employment and giving immunity from dictates of the labour laws for employers operating in special economic zones. The positives of globalisation for employers resulted in direct negatives for employees. The article recommends that employers need to put into context both globalisation dynamics and dictates of the labour legislation to ensure employee dignity and fair globalisation.
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