Perspectives of Law and Public Administration

Table of Contents

  • Contents


  • Professor Rafał SZCZEPANIAK; Dr. iur. Marcin KRZYMUSKI

    Abstract:
    The inspiration to write the article was the judgment of the Polish Constitutional Tribunal of 2018 confirming the possibility of applying Actio Pauliana to tax obligations. This issue is focused on typical problems for the application of private law in the public sector. It is, among other things, the sense of division into public and private law. Actio Pauliana is included in private law, while tax law is included in public law. The author agrees with the ruling of the Polish Constitutional Court. He is an opponent of overestimating the importance of division into public and private law. The article uses the formal-dogmatic method as well as the comparative law method. The author also discusses the legal status in France and Germany in this respect.
    Keywords: Actio Pauliana, tax obligations, public law, private law.
    JEL Classification: K15, K23, K34
    1. POLISH, GERMAN AND FRENCH EXAMPLES OF THE APPLICATION OF ACTIO PAULIANA TO TAX OBLIGATIONS. REFLECTIONS ON THE SENSE OF THE DIVISION INTO PUBLIC AND PRIVATE LAW
        Page 5

  • Lecturer Aida Diana D. DUMITRESCU
    Abstract:
    This epistemological approach was generated by the theoretical and practical necessity of analyzing the legal nature of the approval documents required for the registration and/or operation of commercial companies. The evolution of companies is symbiotic to that of the society and has a major economic, legal and social impact. According to its object of activity (environmental statement, banking company) or operations carried out in the process of operation (merger, sale of agricultural land, etc.) the entity must obtain approval documents with complex legal effects. The material is part of the multidisciplinarity criterion and uses several methods of scientific research, of which predominantly logical and comparative methods. The outcome of the research is presented in a gradual and exemplary approach, its conclusions being substantiated by reference to normative provisions, doctrine opinions and legal practice.
    Keywords:notice, administrative act, civil act, commercial company, effects, legal nature.
    JEL Classification:K22, K23
    2. STUDY ON THE LEGAL NATURE OF THE APPROVAL DOCUMENTS REQUESTED FOR COMPANIES
        Page 24

  • PhD. student Bogdan-Radu HERZOG
    Abstract:
    The paper proposes a new approach to the valuation of the efficiency of a national economy by using the corrected net asset method (ANC) recommended by the international valuation standards. The author starts by noticing that the main statistical indicator currently used for assessing a country's economic status, namely gross domestic product (GDP), is an indicator of the value of the produced output, without really reflecting the patrimonial status of the subject. Unlike states, companies are required by law to present two basic documents: a balance sheet, with assets and liabilities, and a profit and loss account, which reflects the revenues and expenditures generated. Should a balance sheet-type document be presented by the state, reflecting both assets and liabilities, a corrected net asset value (ANC) could be calculated. The evolution of a national economy could be traced by following this indicator over a period of time (ANCn - ANCn-1). As a consequence, when assessing, for example, the evolution of the national economy, we will compare not only GDP2018 with GDP1989, but also the evolution of the net asset position of the Romanian state over the same period, i.e. ANC2018 with ANC1989.
    Keywords: valuations of national economies, net asset value, Gross Domestic Product, asset based valuations, national assets.
    JEL Classification:H83, H87, K23, K33
    3. THE WEALTH OF NATIONS – AN APPROACH BASED ON THE INTERNATIONAL VALUATION STANDARDS
        Page 29

  • Lecturer Dan Constantin MÂȚĂ
    Abstract:
    Command acts of military nature are traditionally regulated in Romanian law as absolute exceptions to the legality control of administrative litigation courts. The notion is mentioned in the Constitution of 1923, and it was later seen in the laws on administrative litigation in 1925 and in 1990. Currently, the Romanian Constitution of 1991, as revised in 2003, stipulates the command acts of military nature as exceptions to the judicial control of the administrative acts of public authorities, by way of administrative litigation. The administrative litigation law no. 554/2004 duly regulates this category of legal acts, including through the establishment of a definition. In spite of this complex, constitutional and legal regulation, the command acts of military nature have benefited from minor attention from the doctrine. Right from the beginning of the regulation, the extrajudicial character of the notion was emphasized, based on the need to ensure the discipline of the military and the conditions specific to the military operations. Besides the treaties and the academic law university courses, the interest of the doctrine in the legal regime is limited, the main cause being considered the lack of relevance in the practice of administrative litigation courts. Legal controversies regarding the legality of the Decree of the President of Romania no. 1331/28.12.2018 have brought back the interest in command acts of military nature, and therefore it is necessary to re-value this notion under the current demands of doctrine and practice. The article analyses, from a critical perspective, the controversial issues in relation to the main doctrinal approaches and the jurisprudence trends in this field.
    Keywords: administrative litigation, legality control, command act of military nature, administrative law.
    JEL Classification:K23
    4. COMMAND ACTS OF MILITARY NATURE. CONSIDERATIONS ON THE ACTUALITY OF THE REGULATION
        Page 36

  • PhD. student Cristina (GHERMAN) IUHAS
    Abstract:
    The paper aims to show how unfair competition is presented in the American law. In this approach we will refer to the constitutional and legal consecration of unfair competition in America. We also want to highlight the benefits and obligations that have an effect on the US-funded mechanisms. Using the comparison method, we have concluded that the concept of "trust" represents an arrangement by which the shareholders of commercial companies in a certain field merged under the patronage of an administrator in order to benefit from a share of the consolidated profits of the jointly managed companies.
    Keywords: trade, competition, America, antitrust law.
    JEL Classification:K21, K33
    5. UNFAIR COMPETITION IN COMPARATIVE LAW. ANTITRUST LAWS, SPECIFIC TO AMERICAN LAW
        Page 46

  • Assistant professor George MARA, PhD. student

    Abstract:
    The paper address the functioning of the rule of law, starting from the separation of powers, but also it offers a brief perspective over several theories that were developed as this principle evolved from one period of time to another. Closely linked to the principle stating the rule of law there is another one, proclaiming the imperative of an independent judicial authority and which, in performing its duties according to the rules that govern a fair trial, contributes to the implementation of the separation of powers but also of the checks and balances system and loyal cooperation between these authorities. We also presented an anlysis of the new regulation regarding the disciplinary liability of the magistrates, following the legislative changes adopted at the end of last year, and their eventual impact on the principles mentioned above. The research methods used in order to achieve this aim are the comparative method, the analytic and historical methods.
    Keywords: rule of law, disciplinary liability, magistrates, judiciary.
    JEL Classification:K10, K23, K31
    6. RULE OF LAW AND THE NEW REGULATIONS CONCERNING THE DISCIPLINARY LIABILITY OF THE MAGISTRATES
        Page 50

  • PhD. student Eugen SÂRBU
    Abstract:
    Through this study, we analyze how the regulations in the field of general theory of obligations have influenced the field of administrative contracts. By the way of issuing the model of purchase agreement for design and execution of work, adopted by the Decision no. 1/2018, the field of administrative contracts took over the mechanisms of balancing the contract laid down by legislation by adopting the Civil Code from 2011. Through the method of research on document analysis, we show that, including in the field of administrative contracts, an efficient contractual relationship is dependent on the existence of principles that allow the contract to be concluded, by providing concrete mechanisms for responding to unpredictable situations. In the present article we will analyze how the administrative contract model applies the rule “favor contractus”, the practical impact of our effort is to guide the actors involved in the development of such contracts, so controversial in the Romanian space, by showing the concrete ways of applying the contractual remedies in balance with the gravity of the violated obligation or the impediment involved in the fate of the contract.
    Keywords: administrative contract for design and execution of works; balance of contractual remedies; favor contractus; harmonizing the administrative contract with the principles of private law.
    JEL Classification:K12, K23
    7. CONSTRUCTION AND EXECUTION OF WORKS CONTRACT. CONTRACTUAL BALANCE IN THE APPLICATION OF CONTRACTUAL REMEDIES STAGE
        Page 57

  • Lecturer Dragoş Lucian RĂDULESCU; Lawyer Delia Mihaela MARINESCU
    Abstract:
    Gender discrimination in labor legal relationships implies unlawful acts by employers against the principle of equal treatment, which have forms of inequalities as their direct, or indirect object, and the employees’ prejudicies as their effect. As a result, employees who find themselves in comparable legal situations in employment relationships will be subject to mechanisms that ultimately involve a process of limiting the use of their fundamental rights and freedoms as regards access to employment, vocational training, promotion and equal working conditions. The prohibition of discrimination facts on gender criterion in labor relations implies the adaptation of the national laws of the Member States to the new provisions of the European normative acts, a transposition process which presupposes the acceptance of the limitations and the recognition of the concepts in the field, when the interpretation of these norms in the legal practice of the domestic courts are increasingly applying the CJEU jurisprudence. The article presents aspects of European and national laws on gender discrimination, the criticism of the lack of regulation, and the analysis of the role of CJEU jurisprudence in the field of employment legal relationships.
    Keywords: discrimination, gender, jurisprudence, labor.
    JEL Classification:K31, K33
    8. GENDER DISCRIMINATION. THE INFLUENCE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION JURISPRUDENCE
        Page 68

  • Assistant professor Oana CHICOŞ
    Abstract:
    Being an organized crime activity, money laundering has become a major issue in recent decades. From the point of view of the general consideration of the notion of "money laundering", the context of this crime as a whole is to legalize an illegal income. Money laundering is and will remain a complex and dynamic phenomenon of great diversity, both in the public and private spheres, manifesting itself both actively and passively, being also a phenomenon unrecognizable to ordinary people. Regarding the content of the offense, it is presumed that it is a crime without victim, being considered without "emotional implications" in the offense category. The word best describing this type of offense is "discretion" because this kind of crime is one of the most difficult to identify, and one of the difficulties encountered by the investigators. Money laundering includes various methods and procedures that make it possible to obtain money or other assets from the illegal activity and conceal by disguising their origin or by giving a seemingly legal aspect of their source. Thus, it becomes one of the most widespread types of economic fraud, both nationally and internationally.
    Keywords: crime, money laundering, international money laundering, criminal law, international law.
    JEL Classification:K14, K33
    9. MONEY LAUNDERING INTERNATIONALLY
        Page 74

  • Lecturer Sandra GRĂDINARU
    Abstract:
    The present paper proposes an analysis of the phenomenon of corruption within the public administration, viewed from the perspective of the anti-corruption fight as it can be perceived from the activity of the criminal investigation bodies and the jurisprudence of the courts. In Romania's attempt to meet European anti-corruption standards, standards established under the Cooperation and Verification Mechanism (MCV), the Romanian legislation has undergone numerous transformations. However, the experience of recent years highlights the fact that the adaptation of the legislation is not efficient in the conditions in which there are no effective preventive and repressive means against this scourge. Although there have been many progresses in the anti-corruption fight, recognized at European level, administrative reform in Romania is still stagnating. Due to this aspect, corruption was also considered a threat to national security, motivated by the vulnerability of the Romanian State, damaging the economy and creating imbalances in society. In this context, in the attempt to combat the phenomenon through updated legal and technical means, the Prosecutor's Office attached to the High Court of Cassation and Justice signed two cooperation protocols with the Romanian Intelligence Service in 2009 and 2016. Apparently, this cooperation was fruitful, being finalized with a series of criminal cases that involved or involves important political people. Due to the clandestine nature of these protocols and due to the lack of any form of control over the cooperation between the criminal investigation bodies and the secret services, a proper framework for abuses was created, which implicitly led to the violation of the rights of the Romanian citizens on a large scale. The present study aims to highlight the main effects of the cooperation between the National Anticorruption Directorate and the Romanian Intelligence Service, both from the perspective of the recent jurisprudence of the Constitutional Court and from the perspective of the judicial practice of the national courts. The academic and practical interest of this paper lies in the fact that its addressability is not limited, being addressed to law practitioners (judges, prosecutors, lawyers, etc.) as well to justice seekers who have recently faced the phenomenon of corruption.
    Keywords: anti-corruption, civil servant, public administration, protocol.
    JEL Classification:K14, K40
    10. MEANS, PROCEDURES THAT STRENGTHEN THE FIGHT AGAINST CORRUPTION OR WEAKEN IT
        Page 79

  • Professor Petru TĂRCHILĂ; Lecturer Viorica Cornelia GRĂJDEANU
    Abstract:
    The civil servants of the European Union represent the people who have been appointed to work in the permanent department of an institution of the European Union, according to a written document issued by an authority invested by the respective institution with such powers. Their juridic regime understood as the sum of all the rights and obligations they have in what concerns their relationship with the European Union and its institutions has been established by the European Community Civil Service Status adopted on February 29th, 19683, being amended several times. Therefore, the Regulations adopted by the European Union Council of March 22nd, 2004, at the proposal of the European Commission set forth even a new career system for the European public servants. The provisions of the status also apply for the people appointed by the community institutions, people that have been generically called „agents”, which means that institutions such as: The European Economic and Social Committee; the European Committee of the Regions; the European Union Mediator or the European Data Protection Supervisor are assimilated, from this point of view, into the institutions of the European Union. The state forbids any sort of discrimination whatsoever, such as the discrimination based on sex, race, colour, social or ethnic origin, genetic characteristics, language, religion, political opinion or beliefs or any other opinion, affiliation to a national minority, wealth, birth, disability, age or sexual orientation. Another new aspect related to the enforcement of the status is that the non-marital partnership is regarded and treated in the same way marriage is. An extremely important significance for the activity and moral status of the European Union public servants is rendered to the European Code of good Administrative Behaviour. This document was proposed by the Eurpean Mediator and was approved of on September 6th, 2001, by means of a resolution of the European Parliament; it consists of a set of behaviour rules which the community institutions, the administrations as well as the public servants have to comply with, in what concerns their relationship with the public.
    Keywords: public office, civil servant, European Union, European administrative law.
    JEL Classification:H11, K23, K33
    11. PUBLIC OFFICE AND THE CIVIL SERVANT IN THE EUROPEAN UNION
        Page 89

  • PhD. Ilie DUMITRU
    Abstract:
    For many decades, mutual insurance companies have been very present in developed countries, in various areas of activity, often interfering with public administration or with various public institutions. For example, mutual insurance companies can manage mandatory health insurance schemes or provide supplementary insurance for sickness and old age or alternatives to national insurance schemes. In Romania, mutual insurance companies did not benefit from such regulation, although in other less developed countries they could operate at least as voluntary organizations with the role of raising funds and managing financial loans to cover various risks. Very recently was promulgated in Romania Law no. 71/2019 on mutual insurance companies. These societies will undoubtedly be present in social life and many of them will specialize in activities that interfere with those of public institutions and authorities, so a study of this new type of society can be a benefit for everybody.
    Keywords: mutual insurance company, mutualism, insurance fund, public administration.
    JEL Classification:K20, K22
    12. MUTUAL INSURANCE COMPANY - A NEW COMPANY FORM REGULATED BY ROMANIAN LAW AND ITS POSSIBLE INTERACTIONS WITH PUBLIC ADMINISTRATION
        Page 100

  • Professor Silvia Lucia CRISTEA; PhD. student Viorel BĂNULESCU
    Abstract:
    The right to withdraw is a measure of protecting the associate/shareholder of the societies, regulated by Law no. 31/1990, which ceases to exist as a result of the fusion. The present article analyses the exertion of the right to withdraw from the Romanian Law, but also in comparative law. Regarding the Romanian regulation of the matter, it presents in parallel the case of capital societies and those of persons, emphasizing the differences between them, from the point of view of the effects of the right to withdraw.
    Keywords: the right to withdraw, fusion, associate/shareholder, exertion of the right to withdraw.
    JEL Classification:K22, K30
    13. CONSIDERATIONS REGARDING THE RIGHT TO WITHDRAW OF THE STAKEHOLDERS IN THE CASE OF FUSION OF SOCIETIES. COMPARATIVE PRESENTATION
        Page 107

  • Associate professor Ada HURBEAN
    Abstract:
    This paper analyzes the special character of the maternal assistant labor contract regarding the actual legislation and the jurisprudence in this matter. By trying to find a balance between the regulations of the Labor Code regarding the individual employment contract and the special regulations regarding labor contract of the maternal assistant, we notice that the institution of the maternal assistant is governed, first of all, by the principle of the best interest of the child. So, because we have to consider this an axiom, the maternal assistant is, in fact, a genuine replacement of a parent for the child who is in placement or in custody. That’s why the content of this labor contract is all about the growth, care and the education of the child, without a strict connotation to the specific elements of the common labor contract, as the work program, the time to work and time to rest and even the subordination relationship with the employer. In this context, the common stipulations of la labor Code regarding the individual labor contract are only the general frame in which the work of the maternal assistant is taking place, because the content of his work is much more, legally and morally, that the norm.
    Keywords: individual labour contract, maternal assistant, child custody, best interest of the child, annual leave.
    JEL Classification: K31
    14. SPECIFICITY OF THE MATERNAL ASSISTANT'S EMPLOYMENT RELATIONSHIP
        Page 113

  • PhD. student Diana-Mihaela MALINCHE
    Abstract:
    The data presented in this study were collected using the content analysis as a research method, starting from the theoretical and practical concepts of the socio-professional insertion of persons with disabilities as well as from the legislative regulations adopted by the Romanian state and the Republic of Moldova in protection and promotion of the rights of people with disabilities. The status of people with disabilities, as well as their fundamental rights and freedoms, are among the most debated topics at European level, which are constantly reviewed and complemented in order to establish a universally valid normative framework that will contribute to combating discrimination at a general level and implicitly in the sphere of socio-professional insertion of people with disabilities in order to homogenize and equalize the discrepancies existing in the society. Regarding the contribution of Moldovan authorities in the socio- professional integration of people with disabilities, in recent years we note the constant interest of the central authorities to support the social inclusion of this social category by starting studies and collaborations with the Romanian authorities. In order to reduce the economic fluctuations impact on people with handicap, the Romanian state is meeting the international requirements and actively promotes social policies aimed at guaranteeing the careers of the people living in the community and preventing the emergence of social barriers restricts the implication of the defaulted profession to the social life. Following the Romanian example, in recent years, the Republic of Moldova is taking steps in this direction as well.
    Keywords: people with disabilities, labor law, discrimination, socio-professional insertion, equality.
    JEL Classification:K23, K31
    15. THE RIGHT OF WORK OF DISABLED PERSONS. COMPARATIVE APPROACH BETWEEN THE SITUATION OF ROMANIA AND THAT OF THE REPUBLIC OF MOLDOVA
        Page 120

  • Associate professor Simona-Maya TEODOROIU
    Abstract:
    The study offers an integrated, multidisciplinary research and approach of the adhesion contract/standard contract, as regulated by the administrative law and environmental law. It offers both a synthesis of the creation and evolution of this contract in the administrative law, being then acquired by a more recent branch of law – the environmental law. It analyzes the actual ramifications and utility of the adhesion contract in environmental law, both on national and European level. In this respect, several legal tools are mentioned (such as the environmental regulatory approvals, the compliance programs, the eco-labels, the environmental management and audit). The main goals assumed by this study envisage, on one hand, to clarify some aspects that are equally important and useful for a contractual practice regulated by the environmental law. On the other hand, it underlines the necessity to extend these legal tools in the Romanian legal system, based on European regulations and the practice of other countries where, on a larger scale, unilateral regulations issued by the State are replaced by contractual tools and norms.
    Keywords: administrative and environmental standard, adhesion contracts, eco-labels, compliance programs, eco-management, European environmental law.
    JEL Classification:K12, K15, K23, K32, Q52
    16. THE ADMINISTRATIVE CONTRACT REGULATED BY THE ENVIRONMENTAL LAW
        Page 128

  • Lecturer Camelia Daciana STOIAN; Lecturer Radu Nicolae STOIAN
    Abstract:
    We have learned to shape solutions through the jurisprudence of the European Court of Human Rights or the European Court of Justice in Luxembourg on what, until not long ago, we were treating an eternal lamentation as a real problem but without a concrete solution have set or reached important standards in the segment of violence against minors and women but have also provided an adequate degree of protection for professionals directly involved in verifying domestic violence complaints. However, with the entry into force of Law no. 174/2018 regarding the modification and completion of the Law no. 217/2003 on the prevention and combating of domestic violence, the role of the police officer in the exercise of his duties in preventing and limiting domestic violence is strengthened by defining and enumerating the means by which he has the right to obtain evidence by stating his obligations and prohibitions may have immediate application in the content of the provisional protection order but also by regulating the way of its confirmation by administrative resolution issued by the prosecutor. The objectives of the present study, however, concern how this legislative measure is to be reflected in the organizational procedures necessary for the implementation in practice of police, prosecutor's offices and courts, all set in a framework that will procedurally support the efforts to investigate and conclude, in a way that effectively contributes to the diminution or elimination of an imminent risk.
    Keywords: temporary protection order, domestic violence, imminent risk, victim.
    JEL Classification:K14, K36
    17. ROLE AND PRACTICAL ATTITUDES IN ISSUE OF THE PROVISIONAL PROTECTION ORDER
        Page 136

  • PhD. student Andreea PURCEA – REZEANU
    Abstract:
    Statutory and extra-statutory conventions are contracts, plurilateral (thus, typically, voting unions), or corresponding services (typically blockades): a common feature is that they remain foreign both to society and to associations and third parties who are not part of it. The rules laid down in the Italian Civil Code to Articles 2341-bis and 2341-ter only deal with conventions aimed at stabilizing the joint stock company which is the subject of such agreements: these provisions provide for lasting limits (when stipulated for a specified period, can not exceed three years, whereas for an indefinite period, each party may give up an ad with a notice of one hundred and eighty days) and, by limiting ourselves to the so-called open societies, advertising obligations (communication to the company and declaration at the opening of the assembly). There is no restriction, however, on the form that the parties may adopt for the purpose of that stipulation.
    Keywords: general notes; extrastatutory conventions; contracts; associate.
    JEL Classification:K22
    18. GENERAL DETAILS ABOUT EXTRASTATUTORY CONVENTIONS
        Page 140

  • PhD. student Dumitru Ştefan COMAN
    Abstract:
    Administrative acts’ related problems are widely analyzed in the specialty doctrine, in the context where this one represents the essential form of materializing the entire activity of the public administration. The administrative acts represent the unilateral manifestation of will through which the administrative authorities define their practical character, expressing in order to do that, in a regime of public power. Administrative acts’ characteristics present those features which, by resulting out of the cumulative reunion of the essential elements and of the validity conditions, they differentiate these acts from other categories of legal acts. When we say characteristics of the administrative acts we understand those features which individualize these acts from other legal acts.
    Keywords: administrative act, administrative law, legal effect, unilateral character.
    JEL Classification:K23
    19. PAPERS ASSOCIATED TO THE ADMINISTRATIVE ACTS AND LEGAL UNILATERAL WILL IN THE FRAME OF THE ADMINISTRATIVE DECISIONAL MECHANISM
        Page 145

  • Lawyer Raluca ANDERCO
    Abstract:
    The article aims to briefly review some of the key theoretical aspects of precarious work in Romania, starting from the analysis of the factual situation existing at the moment. We will also analyze official statistical information, in relation to European legislation, highlighting the usefulness and weaknesses in the phenomenon of precarious work and its dynamics over time. Last but not least, we will enumerate the legal, quasi-illegal and illegal forms of precarious work in today's Romania (identification, formal description and a brief discussion of socio-economic implications), as well as legislative lacunae existing at this time. Finally, we will refer to case studies that illustrate every form of precarious work analyzed in this article, with reference to both domestic and European legislation: e.g. poor work in the rural population, precarious work through pricing of atypical contracts, precarious work as a fake form of individual labor contract, "domestic" workers, etc.
    Keywords: precarious work, standard, neoliberal, atypical form, risk.
    JEL Classification:K31
    20. PRECARIOUS WORK: LEGISLATIVE CHALLENGES
        Page 149

  • Associate professor Laura CETEAN-VOICULESCU
    Abstract:
    This study seeks to analyze special measures for the protection of the child in difficulty (placement and placement in an emergency) in the form of a nursing assistant. The institution of maternity care has grown in recent years, surpassing by far the other alternative protection measures. The critical analysis of the legislation, the theoretical and practical characterization of the measure, the formulation of conclusions and proposals in the field were followed. Issues such as place of maternal care in all alternative child protection measures, categories of special measures determining protection through a professional nursing assistant, individual protection plan and priority order of measures related to the child, duration of the measure, authorities with attributions in domain, the child - a qualitatively active subject of the legal protection relationships that concern him/her, categories of children who can benefit from the placement measure, including a nursing assistant, monitoring the application of special protection measures, categories of services for achieving special protection, rights and obligations the professional nursing assistant, aspects of judicial practice and conclusions.
    Keywords: protection of the child, special protection measures, professional nursing assistant, family type service, placement, emergency placement.
    JEL Classification:K36
    21. INSTITUTION OF MATERNAL ASSISTANCE AS A CHILD PROTECTION MEASURE
        Page 158

  • Lecturer Ovidiu-Horia MAICAN
    Abstract:
    The present-day competition regime in the Netherlands begins with the enactment of the Competition Act on 1 January 1998. The substantive provisions of the Competition Act are a copy of the Treaty on the Functioning of the European Union (TFEU). The Competition Act prohibits anticompetitive agreements and the abuse of a dominant position. The Competition Act established the Netherlands Competition Authority (NMa) as the domestic body responsible for the enforcement of competition law. On 1 April 2013, the NMa unified with the independent Post and Telecommunication Authority and the Consumer Authority into a single regulator, the Consumer and Market Authority (ACM).
    Keywords: competition authorities, competition, Netherlands, European Union.
    JEL Classification:K22, K33
    22. THE LEGAL REGIME OF COMPETITION IN NETHERLANDS
        Page 167

 




The Journal


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

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