Table of Contents

  • Contents


  • Lecturer Adriana DEAC

    Abstract:
    The most important of Roman law, the Law of the Twelve Tables, LEX DVODECIM TABVLARVM, was adopted in 449 BC and was never formally abolished. The consequence of conflicts between the social classes of the Roman state, patricians and plebeians, the Decemiviral Law constitutes a true code, given the nature of the regulations of the famous law which concerned both the institutions of Roman private law and the Roman public law. Although it was adopted about 2,500 years ago, the analysis of the Law of the Twelve Tables does not cease to attract the scholars and practitioners of contemporary private law, the study of the current legal institutions requires a retrospective look at their primary source. The paper aims to present the historical and social context that allowed the adoption of the Law of XII Tables, the procedure for the adoption of the law, the persons and bodies involved in this procedure. I will also analyse the content of the law and even present the text of the Law of the XII Tables, as reconstructed over time by the scholars of Roman law. In carrying out this scientific approach, I will use the specific methods of interpretation of the legal norms, namely, the historical, grammatical, systematic and teleological method.
    Keywords: law, Roman law, Law of the Twelve Tables, sources of law, civil procedure.
    JEL Classification:K10
    1. THE TWELVE TABLES LAW, THE MOST IMPORTANT ONE FROM THE ROMAN LAW
        Page 5

  • Associate professor Marieta SAFTA
    Abstract:
    The involvement of the Advocate of the People in carrying out the constitutional review of normative acts, especially by formulating exceptions of unconstitutionality brought directly before the Constitutional Court, has recently experienced an interesting dynamic in Romania, very visible in the context of the exceptional situation caused by the COVID-19 pandemic. This involvement has had a strong social resonance, including in the business environment. Starting from this dynamic and impact, this article explores the duty of the Advocate of the People to notify the Constitutional Court regarding the constitutional review of normative acts and the way in which, over time, he used this powerful instrument of democracy. Based on the conclusions of this analysis, perspectives for strengthening the role of the Advocate of the People in constitutional review are examined, in the current context in which international bodies such as the European Commission and the Venice Commission are increasingly highlighting the role of the Advocate of the People in achieving the rule of law and the need for states to ensure the effectiveness of this role.
    Keywords:Advocate of the People, constitutional review, fundamental rights, rule of law.
    JEL Classification:K23, K38
    2. CONSTITUTIONAL REVIEW UPON THE REFERRAL BY THE ADVOCATE OF THE PEOPLE A POWERFUL INSTRUMENT OF DEMOCRACY THAT NEEDS TO BE STRENGTHENED
        Page 12

  • Lecturer Carmen Oana MIHĂILĂ
    Abstract:
    Responding to current needs related to family, marriage, divorce, divorce settlement, the Civil Code provides the spouses with a new legislative technique, with tradition in community law and not only, known in our legal system until the communist regime declared it immoral, as the marriage convention. The choice of the matrimonial regime that best suits the wish of the spouses to live together, the possibility of changing it during the marriage, the imposition of special publicity formalities of the marriage conventions to protect the third parties, are elements of novelty of special importance that exceed the obvious perhaps normal shortcomings (starting with the lack of a legal definition of the marriage convention, with the possible derogations from the chosen matrimonial regime that can create the possibility of the abusive exercise of the rights of the spouses). Presenting specific elements of this institution in the European, American or Islamic system can create an overview of what pre- and post-marital contracts mean today.
    Keywords: spouses, marriage convention, matrimonial regime, patrimonial relations, opposability.
    JEL Classification:K11, K12, K36
    3. MARRIAGE CONVENTIONS. AN OVERVIEW IN ROMANIAN AND COMPARATIVE LAW
        Page 21

  • PhD. student Cătălin-Radu PAVEL
    Abstract:
    The present article aims to present selective aspects regarding the Constitutional Court of Romania and of the Republic of Moldova case law about the right of a person aggrieved by a public authority. The right of a person aggrieved by a public authority is constitutionally guaranteed in Romania and in the Republic of Moldova. The constitutional guarantee of the right of a person aggrieved by a public authority represents the constitutional legal basis of assuming the responsibility of the public authorities before the citizen, respectively before the injured person in a right or in a legitimate interest, having as consequence his legal protection, the latter, by cancelling the disposition and repairing the damages. The methods used in drawing up this study are: the comparative method, the historical method, the logical method, the sociological method and the quantitative method. The results of this research have highlighted selective aspects regarding the Constitutional Court of Romania and of the Republic of Moldova case law about the right of a person aggrieved by a public authority.
    Keywords: the right of a person aggrieved by a public authority, Romanian Constitution, Constitutional Court of Romania case law, Constitutional Court of the Republic of Moldova case law, good administration, Constitution of the Republic of Moldova, comparative law.
    JEL Classification:K10, K23
    4. CONSTITUTIONAL COURT OF ROMANIA AND OF THE REPUBLIC OF MOLDOVA CASE LAW ABOUT THE RIGHT OF A PERSON AGGRIEVED BY A PUBLIC AUTHORITY
        Page 36

  • Associate professor Marta-Claudia CLIZA; Lecturer Laura-Cristiana SPĂTARU-NEGURĂ
    Abstract:
    This study started from the desire to present to the general public information on waste management, this representing a main goal in the European Union agenda, a series of legislative measures approaching waste in general and packaging waste in particular being adopted in recent years, as will be seen below. Further changes are expected in the management of plastic packaging waste, given that the European Union has agreed to introduce a new own resource based on non-recycled plastic waste amounting to EUR 0.80/kg as of January 1st, 2021, followed by the adoption of the Regulation laying down the multiannual financial framework for the years 2021 to 20273, as well as the Council decision on the system of own resources. We believe that the dissemination of the deposit guarantee system, an important tool for supporting circular economy, could boost domestic reforms in the field of environmental protection and would facilitate waste recycling, in order to improve living standards and to promote social welfare of the EU Member States.
    Keywords: deposit guarantee system, environment, recycling, circular economy, European Union.
    JEL Classification:K32, Q01, Q56
    5. TOWARDS A CLEANER PLANET– THE IMPLEMENTATION OF THE DEPOSIT GUARANTEE SYSTEM IN ROMANIA
        Page 54

  • Lecturer Adriana MOȚATU

    Abstract:
    As the vast majority of activities took place online, computer-mediated interactions increased. Moreover, new situations arose that required not only a closer connection between people but also a new approach to how to work on the computer. In these conditions, the incidence of computer crimes has increased, such as illegal access to a computer system, violation of privacy, which requires a careful analysis of them, including the relevant cases, which is the subject of this paper.
    Keywords: cybercrimes, violation of privacy, computer system, criminal law, illegal access to a computer system.
    JEL Classification:K14
    6. THE PROLIFERATION OF THE ILLEGAL ACCESS TO A COMPUTER SYSTEM
        Page 66

  • Associate professor Cristina ONEŢ
    Abstract:
    This paper addresses the issue of the regulations contained in the Fiscal Procedure Code regarding the general principles that must govern the conduct of the parties throughout the fiscal procedure. The enunciation and regulation of these principles produce particularly important effects, and we have referred to some of them in the content of this paper. Therefore, the paper includes the presentation, critical analysis, observations and conclusions regarding the principle of legality of the fiscal procedure applied by the fiscal bodies of the state and of the administrative-territorial units, the unitary application of the fiscal legislation on the entire national territory, the exercise of the fiscal body's right of discretion in assessing and interpreting evidence and information that may be considered relevant for the correct determination of the taxpayer's fiscal situation, the active role recognized to the fiscal body by the legislator and under which it is entitled to examine the facts, obtain and use the information and the documents it deems useful for determining the taxpayer's fiscal situation, the official language in the fiscal administration and how documents and information presented in other languages can be used, the taxpayer's right to be heard in the fiscal administration procedure and its limits according to the practice of the fiscal bodies of the Romanian state, but also in the vision of the judges of the Court of Justice of the European Union called to censor these practices, the obligation of cooperation established by the legislator exclusively in the taxpayer's charge, the maintenance of fiscal secrecy as a general obligation of the fiscal body significantly diluted by numerous exceptions, and, last but not least, good faith in the relations between the taxpayer and the fiscal body for the correct application of the legal provisions.
    Keywords: principles, fiscal procedure, the right of discretion, the right to be heard.
    JEL Classification:K33, K34, K40
    7. GENERAL PRINCIPLES OF THE FISCAL PROCEDURE. CORRELATION OF NATIONAL LAW WITH EUROPEAN LAW IN FISCAL MATTERS
        Page 70

  • PhD. student Daniela HUDELCU
    Abstract:
    I have chosen to address this issue, in the context of a regulation that is making its presence felt more and more, how much the pandemic situation has directed gambling players to the online environment. This study wishes to emphasize the importance of public authorities for monitoring and supervising gambling sites which are not licensed and authorized in Romania, as well as the identification of some mechanisms and instruments for pursuing some benefits from the determined circumstances of carrying out the activity of remote gambling in the absence of legal documents. In this paper, we propose a brief approach from a legal perspective on regarding the legitimate public and private interest, with the consequence that the restriction online gambling sites and do not hold the license of gambling organizer and authorization to operate the informatics platforms in Romania, occasion on which we will evaluate the effects of the restrictions of the sites produced until the present. However, we will try to show the intention of the legislator regarding the measure and the criteria of restriction within the regulated legal norm.
    Keywords: blacklist, gambling, gambling sites, legitimate private interest, legitimate public interest, National Office of Gambling, restriction.
    JEL Classification:K23
    8. INTERFERENCE OF THE LEGITIMATE PUBLIC AND PRIVATE INTEREST IN EXERCISING THE COMPETENCES OF THE NATIONAL OFFICE OF GAMBLING
        Page 79

  • Police officer Denise MARTALOG
    Abstract:
    This study is dedicated to the analysis of the regulations regarding the will of the deceased in connection with the division of his succession patrimony, both in terms of his will manifested directly by the removal of legal heirs and indirectly by the establishment of legatees. In the elaboration of the study, we take into account the legal institution of disinheritance, the implications it has in the context of the return of the inheritance, as well as the possible situations that would not be covered by the current legal provisions. Thus, through art. 1.075 of the Civil Code, which highlights the effects of disinheritance, the legislator analyses the disinheritance of the surviving spouse, ordering that the part remaining after the allocation of the quota of the surviving spouse, be collected by the heirs from the class with which he comes in competition. We notice that the legislator discusses the “quota attributed to the surviving spouse” and does not take into account the hypothesis of allocating the succession reserve, for example in the situation of establishing a bequest smaller than the succession reserve. The disinheritance of the other heirs, other than the surviving spouse, is presented in the same way. In this situation it is necessary that we consider all possible hypotheses in case of disinheritance, so that the legal provisions to be adapted accordingly.
    Keywords: disinheritance, will, bequest, reserve heir.
    JEL Classification:K11, K15
    9. REFLECTIONS ON THE INSTITUTION OF DISINHERITANCE
        Page 83

  • Lecturer Egzone OSMANAJ
    Abstract:
    In this paper is analysed the restriction of testamentary freedom in a comparative aspect in some countries in the region and the EU. During the paper, the following research questions were asked: 1. What is the purpose of restricting testamentary freedom?; 2. What is the size of the necessary part, which testator no longer has the right to dispose a will or gift in favour of other persons, outside the circle of necessary heirs?; 3. How is the categorization of necessary heirs carried out according to the legislations of different states?; 4. How is the necessary part calculated?; and 5. How to act in cases when the necessary inherited part is violated? The paper is mainly based on the method of analysis of legislation and the comparative method. From the analysis of laws in the countries under study, several conclusions found in this paper are: In Kosovo and the countries of the former Yugoslavia, as necessary heirs are considered: the children of the testator most of their descendants; conciliatory spouse; parents; brothers and sisters and grandparents of the testator. Whilst, in most EU countries, the circle of necessary legal heirs is much narrower, namely the tendency of contemporary legislation is to limit the circle of relatives of the testator, as necessary heirs.
    Keywords: inheritance, heir, will, testator, law.
    JEL Classification:K11, K15
    10. RESTRICTION OF TESTAMENTARY FREEDOM. COMPARATIVE ASPECTS
        Page 96

  • Lecturer Ileana VOICA
    Abstract:
    This paper aims to offer a new approach in administrative science, capitalizing on the author's experience in the field of private law. The evolution of law and judicial practice, as well as the requirements of today's society (economic, technological and strategic and, last but not least socio-cultural) require a rethinking of common law and interference in public law - private law.
    Keywords: administrative code, administration, current affairs, public international law.
    JEL Classification:H83, K23
    11. PROPOSAL ON THE STRUCTURING OF ADMINISTRATIVE SCIENCES IN ROMANIAN PUBLIC LAW
        Page 102

  • PhD. student Irina DIGORI
    Abstract:
    The „fiducia” represents a new institution in the legal system of the Republic of Moldova, being introduced by the Law on the modernization of the Civil Code and the amendment of some legislative acts, no. 133 of 15.11.2018, in force since 01.03.2019. In the process of elaborating the legal framework, the legislator took into account international legislative developments, including the provisions of the Civil Code of Romania. However, the basic source of regulation in the Republic of Moldova was the Book X – „Fiducia” of the Draft Common Frame of Reference of the European Union. Therefore, there is a considerable difference between the „fiducia” under the Civil Code of the Republic of Moldova and the „fiducia” under the Civil Code of Romania. This article aims to present in a comparative aspect the institution of „fiducia” in the light of the regulations of both states. Mainly, some terminological issues will be discussed and some conceptual similarities and differences will be revealed, which concern important aspects such as: sources of „fiducia”, fiduciary parties, conditions, grounds for termination of the „fiducia” etc.
    Keywords: „fiducia”, trust, sources of „fiducia”, fiduciary contract, fiduciary parties, termination of „fiducia”.
    JEL Classification:K11, K12, K15, K22
    12. SOME CONSIDERATIONS REGARDING THE REGULATION OF „FIDUCIA” IN THE CIVIL CODE OF THE REPUBLIC OF MOLDOVA AND IN THE CIVIL CODE OF ROMANIA
        Page 104

  • PhD. student Liviu-Valentin MIHALACHE
    Abstract:
    The paper discusses the temporal stability of Romania’s Freedom of Information Act (Law no. 544/2001), using a neoinstitutionalist paradigm. I argue that none of the five amending laws of Law no. 544/2001 did not change the fundamentals and mechanisms of granting access to public information that existed when this law entered into force, all of them being limited and even beneficial. I will demonstrate that the most important difficulties that appear in the enforcement of Law no. 544/2001 do not come from the perspective this law was written, but from the interpretation of the legal norms according to some subjective practices existing at the level of public authorities/institutions depositing the information.
    Keywords: neoinstitutionalism, freedom of information, legal stability, public interest, transparency.
    JEL Classification:H83, K23, K40
    13. THE TEMPORAL STABILITY OF ROMANIA’S FREEDOM OF INFORMATION ACT – A NEOINSTITUTIONALIST APPROACH
        Page 118

  • Lecturer Lucian-Sorin STĂNESCU
    Abstract:
    In an epistemological horizon still unstable in terms of knowing the meanings and interdisciplinary valences of legal responsibility we will try in this study to formulate a new proposal regarding the level of abstraction of this metatheoretical concept. Our attempt is all the more difficult as professor D.C. Dănișor outlined the limits and conditions of legalizing concepts, the scientific impasse being that legal doctrine and jurisprudence tend to use illegal concepts in legal argumentation, without ensuring "proper reshuffle of in order to transfer them from one sphere of knowledge to another." In the following we will try to show the correlations that the idea of legal responsibility maintains with the philosophical foundations of law, with its original values, with its linguistic and ethical meanings, with man as reality and anthropological and sociological subject in permanent relations with the social community and, especially, with the supreme purpose of law - human dignity, starting from a series of definitions and descriptions that have been imposed in the general theory of law. Finally, in order to overcome the stage of research on the level of knowledge of the meanings, functions and epistemic values of legal liability, we will propose a new concept, namely the structural concept of legal liability, which traditionally does not appear in the formulation of scientific statements whereas - as professor Sofia Popescu observed - "these concepts allow a further refinement, in even more abstract concepts, the conceptual system allowing legal solutions for any new situation."
    Keywords: legal liability, structural concept, definition, epistemological sources, correlative categories.
    JEL Classification:K40, K42
    14. PROLEGOMENA FOR A DEFINITION OF THE STRUCTURAL CONCEPT OF LEGAL LIABILITY
        Page 124

  • PhD. student Mihaela SAVA
    Abstract:
    This research is structured in three subchapters, namely – the characterization of the civil and criminal legislative context that regulates the framing and sanctioning of crimes of domestic violence, identification of gaps or problematic aspects in legal or procedural matters and formulation of proposals to improve the sanctioning regime of crimes of domestic violence. The conclusions of the research are useful suggestions for the legislative and procedural unification of civil and criminal instruments to combat domestic violence.
    Keywords: domestic violence in Romania, legislative unification, European best practices.
    JEL Classification:K14, K15
    15. ASPECTS OF LEGISLATIVE AND PROCEDURAL UNIFICATION OF CIVIL AND CRIMINAL INSTRUMENTS FOR FIGHTING DOMESTIC VIOLENCE
        Page 140

  • Lecturer Nicolae MĂRGĂRIT
    Abstract:
    On-the-scene research is one of the activities that contributes substantially to the achievement of the purpose of the criminal trial. According to the criminal procedural law, the on-the-scene investigation is an evidentiary procedure that serves to administer or find out some means of evidence. From a forensic point of view, the on-scene investigation represents the procedural and forensic tactics activity whose object is the direct perception of the place where the crime was committed, its discovery, detection, fixation, lifting and examination, aiming to establish the nature and circumstances of the crime. the deed, as well as the data necessary to identify the perpetrator.
    Keywords: forensic tactics, on-the-scene forensic research, forensic traces, guns.
    JEL Classification:K14
    16. RULES OF FORENSIC TACTICS IN CASE OF INVESTIGATION ON THE SCENE OF TRACE OF GUNS
        Page 150

  • Lecturer Radu Ștefan PĂTRU
    Abstract:
    The legal regime regarding the career of civil servants is regulated by the Administrative Code. The termination of the employment relationship of civil servants follows, in principle, the same legal regime with the employment relationship of employees, with the specific features of the civil service. However, the termination of employment of civil servants contains certain provisions more favorable to civil servants, in particular as regards the termination of employment for the purpose of meeting the standard age and contribution conditions for retirement. In this study, we will present some considerations regarding the approach of the legislator in the matter of cessation de jure of the employment relationship of civil servants, taking into account the regulation of the Labor Code for employees.
    Keywords: public servants, cessation de jure, comparison with the employees, Administrative Code, Labor Code.
    JEL Classification:K23, M00, M19
    17. SOME ASPECTS REGARDING THE CESSATION DE JURE OF THE EMPLOYMENT RELATIONSHIP OF CIVIL SERVANTS
        Page 157

  • Lecturer Dragoș Lucian RĂDULESCU
    Abstract:
    Discrimination consists in the differentiation in the treatment of certain persons, for example leading to non-recognition of employees' rights and impairment of their fundamental freedoms. The existence of discrimination acts is analyzed through the criteria specified in the relevant regulations, with the mention that in the internal normative acts they are indefinitely provided, in order to exclude cases of unequal treatment. However, even neutral practices of employers that do not appear to lead to discrimination will be considered illegal when they produce effects similar to direct discrimination. Practically, any direct or indirect practices in the field of legal labor relations, if they aim at restricting or removing the recognition, use, or exercise of employees' rights, are considered discriminatory, compared to the criteria contained in regulations. The article analyzes the possibility of wage normative discrimination in the case of civil servants, but also as a result of employers' practices, from the point of view of the provisions of Law no. 153/2017 on the remuneration of staff paid from public funds.
    Keywords: discrimination, rights, wage, criteria, institutions.
    JEL Classification:K23, K31
    18. NORMATIVE DISCRIMINATION. THE CASE OF CIVIL SERVANT WAGES
        Page 161

  • PhD. Raluca Antoanetta TOMESCU
    Abstract:
    Morality is probably one of the oldest rules of conduct that have been imposed on members of a community, in order to establish and ensure a good coexistence. Prior to the emergence of the legal norm, it evolved with human society, being subject to continuous paradigm shifts, in a permanent attempt to reflect as accurately as possible the evolutionary trends of human communities. Although it does not yet benefit from a concrete definition or a precise limitation, morality is, first of all, the object of study of ethics, as a philosophical discipline, but when it interferes with the legal norm, inevitably a theorizing from its legal perspective becomes imminent. Plurivalent subject, but also constant of our social life, morality remains one of the most complex and controversial topics, not only in legal doctrine, but also in philosophy.
    Keywords: morality; ethics; society; legal norm, non-legal norm.
    JEL Classification:K10, K12
    19. MORALITY, AT THE CONFLUENCE BETWEEN THE LEGAL AND THE NON-LEGAL NORM
        Page 169

  • Lecturer Roxana Maria ROBA
    Abstract:
    If the parents do not live together, regardless of whether they are married or not, they will establish, by mutual agreement, the child's home. In case of disagreement between the parents, the guardianship court will decide, taking into account the conclusions of the psychosocial investigation report and listening to the parents and the child, if he has reached the age of 10 years. The present study aims to analyze the possibility of the court to establish an alternative residence for the minor, for equal periods of time, to each of the parents, taking into account the best interests of the child. The study uses the logical, historical and experimental method, analyzes the legal provisions currently in force, as well as the point of view of the doctrine and the solutions derived from the judicial practice. The conclusions are in the direction of expressing concrete proposals to amend the current regulations.
    Keywords: the parents, alternative residence, the minor, the best interests of the child.
    JEL Classification:K36, M59
    20. CONSIDERATIONS REGARDING THE MINOR'S ALTERNATIVE RESIDENCE
        Page 177

  • Associate professor Andreea TABACU
    Abstract:
    The recent Government Emergency Ordinance (GEO) no. 114/2020 was adopted in order to ensure a flexible system of the award of public supply and public works contracts, being necessary to avoid the risk of decreasing the use of European and local founds and also the delay of implementing important projects with a large social and economic impact at the national level. The litigations in the field of the award of public supply and public works contracts represent an important cause for the delay in implementing such projects. There for the legislator chose to enforce few changes in order to ensure the jurisdictional proceedings in the respect of the main principles of contradictory and right to defense but also to encourage the use of the modern technologies and the private communications between parties. For the proper application of the law is necessary to find out if such measures are able to achieve the above purpose, also taking into account which are the realities of the systems applying these proceedings.
    Keywords: judicial proceedings, public procurement contracts, administrative law, celerity.
    JEL Classification:K23, K41
    21. CELERITY IN THE JUDICIAL PROCEEDINGS CONCERNING THE AWARD OF PUBLIC PROCUREMENT CONTRACTS
        Page 182

  • Associate professor Hoolo ‘NYANE
    Abstract:
    The Constitution of South Africa establishes a cluster of institutions styled "state institutions supporting democracy", also called "Chapter 9 institutions", as they are created under Chapter 9 of the Constitution. These institutions exist alongside the traditional three branches of government – the executive, the legislature and the judiciary. They are independent, and they have powers over the traditional branches of government. There is tension between these "Chapter 9 institutions" and the traditional branches of government in recent times. At the centre of this tension lies a more substantial question about the place occupied by these institutions in the organisation of the state. Put differently, can it be said that South Africa has a constitutional scheme that includes a "fourth branch" of government? This paper sets out to investigate this question. Ultimately, the article contends that these oversight institutions have consolidated themselves into what may be styled the "fourth branch" of the state.
    Keywords: separation of powers, state institutions supporting democracy, fourth branch, constitutionalism, Constitution of South Africa.
    JEL Classification:K10
    22. SEPARATION OF POWERS AND STATE INSTITUTIONS SUPPORTING DEMOCRACY: DOES SOUTH AFRICA HAVE A “FOURTH BRANCH” PAR EXCELLENCE?
        Page 188

  • LLM Candidate Lesotho SAFARA; Professor Kola O. ODEKU
    Abstract:
    Undoubtedly, corruption is endemic in South Africa and it is ravaging all spheres of government, sectors of the economy, and the society at large. The news of corruption is aired frequently in the media showing suspects and trials of accused persons. Public officials, elected and unelected politicians and private sector managers and executives have been suspected, accused, or tried for corruption. Corruption is affecting both private and public sectors in South Africa. The core problem is that public officials saddled with providing and rendering quality basic services engage in endemic corruption and as such, good governance, accountability and transparency are held hostage by corruption. Corruption, which is promoted by maladministration cripples the rule of law in South Africa. While there have been many works on the implementation of domestic anti-corruption laws to root out corruption, there is a paucity of research work on how to invoke and use international anti-corruption laws and instruments that have been duly ratified by South Africa to root out corruption. Methodologically, this paper utilises a literature review approach of international and national sources to reveal various corrupt and maladministration activities, highlight and discuss pieces of transformative interventions that have been introduced by the government to root out and tackle corruption. It also showcases case laws that have been decided that punished corrupt officials. The paper found that there should be concerted and deliberate efforts by all role players and stakeholders in the government, private sector and the society at large to ensure that corruption legislation and in particular, international anti-corruption laws and instruments are effectively and efficiently implemented for purposes of tackling corruption.
    Keywords: malfeasance, aladministration, public officials, international law, public sector, accountability.
    JEL Classification:K30, K33, K38
    23. CRITICAL LEGAL PERSPECTIVE OF INTERNATIONAL ANTI-CORRUPTION LAWS FOR TACKLING CORRUPTION IN SOUTH AFRICA
        Page 203

  • Lecturer Leoni VAN DER MERWE
    Abstract:
    Historically, in South Africa and the world over, disability has been viewed as a predicament of the individual. The discourse surrounding disabilities and suitable societal interventions are as nebulous as the differing needs of persons with disabilities within society. This article investigates the Government of South Africa’s response to the needs of persons with disabilities during the COVID-19 pandemic. The author utilizes South Africa’s existing disability framework as a mechanism to anchor the research conducted. This article specifically probes how South Africa has attempted to traverse various models of disability as well as how the said models have promoted or delayed the attainment of equality for persons with disabilities. The research conducted gives rise to various recommendations that may be adopted and refined to encourage consistency in the arduous journey towards equality of persons with disabilities.
    Keywords: COVID-19, disability policy; human rights, South Africa.
    JEL Classification:K36, K38
    24. COVID-19 AND SOUTH AFRICA’S DISABILITY RESPONSE: A SYMPTOM OF POLICIES (AND DAYS) GONE BY
        Page 217

  • Professor Silvia Lucia CRISTEA; PhD Viorel BĂ NULESCU
    Abstract:
    This article explores effects of the merger on the contracts that the companies involved in the restructuring operation. In the first section we analyze the general aspects regarding the effects of the merger operation on the contracts using arguments from the Romanian and foreign doctrine and jurisprudence. In the second section we investigate the consequences of the merger on the guarantee contracts from the perspective of the Romanian Civil Code, but also of the French regulations, presenting at the same time the position of the doctrine and the jurisprudence. The third section is dedicated to the effects of universal transfer operating in the case of the merger on real and personal guarantees. Section four deals with the legal regime of the lease, highli ghting its intuitu personae character and the consequences of this character on the principle of universal transfer of assets, in case of merger. The last section is dedicated to the conclusions that aim to highlight the influence exerted by the principle of credit protection on the universal transfer of assets in the matter of mergers.
    Keywords: merger, universal transfer, lease, universal transfer of assets, surety, dissolution
    JEL Classification:K22
    25. TRANSFER OF CONTRACTS IN CASE OF MERGER. WARRANTIES AND LOCATION
        Page 226

  • Lecturer Simona CHIRICĂ
    Abstract:
    The recent SARS-CoV-2 virus installed worldwide triggered several consequences in the economic, social, health, environment, etc. In legislative field, the effects of the COVID-192 pandemic and of the legislative measures taken to limit its spread also affect the construction sector. Both constructors and beneficiaries of the constructions works have faced/ are facing various technical, financial and legal difficulties generated by the current situation. Thus, it is expected that the appearance of legal and factual issues between the constructor and the beneficiary of the construction works will continue to be high in the next period. The main causes may be the potential impossibility of the construction beneficiary to pay the price for the construction works performed, respectively the situation in which the constructor does not execute and hands over on time the building/construction works. The current work is aimed to detail some measures that the parties may use in order to defend their rights and recover/diminish any potential damage.
    Keywords: SARS-CoV-2, construction law, legal mortgage, legal remedies.
    JEL Classification:K25, K32
    26. SOME LEGAL CONSIDERATIONS ON THE RELATIONSHIP BETWEEN THE CONSTRUCTOR AND THE BENEFICIARY OF THE CONSTRUCTION IN THE CONTEXT OF THE COVID-19 PANDEMIC
        Page 232

  • Assistant professor Mihaela-Emilia MARICA
    Abstract:
    At European level, the legal contemporary framework regarding individual employment relations is generally characterized by the proliferation of non-standard forms of employment, which respond equally to both employer and employee’s need for flexibility. Today’s enterprises face more and more situations that require a non-standard approach, a broader look at the problems and fast, innovative solutions. In an unpredictable business environment, globalization has enabled the European labour market to introduce multiple new forms of employment, which are not yet acknowledged by Romanian legislation. However, Regulation (EU)2016/679 provides a derogation for employee sharing – a new work arrangement which in the juridical context of GDPR would also apply to internal (domestic) law. The general regulations on data protection stipulate that a Data Protection Officer may be shared by several enterprises, a hypothesis in line with the concept on which the employee sharing scheme is based.
    Keywords: new forms of work, employment contract, employee sharing contract, Regulation (EU)2016/679.
    JEL Classification:K31, K33
    27. CONSIDERATIONS ON EMPLOYEE SHARING IN THE CONTEXT OF GDPR
        Page 241




The Journal


ISSN 2601-7830  
ISSN–L 2601-7830 
ETHICS AND MALPRACTICE STATEMENT
Assumption of Liability Declaration

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