Perspectives of Law and Public Administration
Table of Contents
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1. NOISE POLLUTION IN ALBANIA TOWARDS EUROPEAN STANDARDSAbstract:Noise pollution is disturbing noise with a harmful impact on the activity of human or animal life. Noise nuisance is a global phenomenon that generates a sense of resentment associated with any agent or condition that is recognized or trusted by an individual or group of individuals to adversely affect them. The health impacts of environmental noise are a growing concern for the general public as well as policymakers in Europe. Unwanted noise can damage psychological health, can cause hypertension, high levels of stress, hearing loss, sleep disturbances and other harmful effects. Albania ranks among the countries with the highest acoustic pollution in Europe. Every citizen has the right to be protected from the harmful effects of environmental noise. The institutional responsibilities for disciplining noise-generating activities are related to the ministry or authority responsible for licensing. The protection applies to noise, which exposes people to the environment where they live, in residential areas, in public institutions, in public parks, in nature, in children’s institutions, health’s institutions, educational, cultural, religious institutions and others environments similar to them. This paper aims to analyze the legal, administrative and organizational measures taken to manage environmental noise in Albania, as well as to comply with the requirements of the EU Basic Directive and other related directives, identifying problems related to this sector. The methods used to carry out this paper are descriptive, analytical, and comparative.
Keywords: environmental noise, transport, public services sector, public health.
JEL Classification: K32
Page 181 - Lecturer Adriana DEAC
2. THE LEGISLATIVE ACTS OF THE EUROPEAN UNIONAbstract:Whether we are specialist in law, economics, art or a simple individual, all the citizens of the European Union meet in daily life, with legal terms such as regulation, directive, decision. We also get in touch, directly or indirectly with the institutions of the European Union, The Parliament, the Council, the Commission etc. For the states of western Europe, members of the European Communities for decades, these institutions and legal notions are absolutely normal, commonplace. For the citizens of the states from central and eastern Europe, relatively new members of the European Union, after 2000, these legal terms are still novelty. This is the reason why, the scientific paper aims to analyze the provisions of the Lisbon Treaty, Section 1, Chapter 2, art. 288 and the following regarding the legislative acts of the European Union. According to art. 288 of the Treaty on the Functioning of the European Union, „to exercise the Union’s competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions”. The paper aims to presents their legal character, the competent institutions to adopt these legislatives acts, the procedure for adopting and entering into force of these acts. In achieving this scientific objective, we shall present these acts comparatively, emphasizing the similarities and the differences between them, considering both the provisions of the Lisbon Treaty, as well as the scientific works in the field of the European Union Law.
Keywords:regulation, directive, decision, recommendation, European Union, legal acts, European Parliament, European Commission, Council.
JEL Classification:K33
Page 186 - PhD. Student Maria Irina BUDICĂ-IACOB (IACOB)
3. THE RIGHT TO REPLY FROM A MEASURE FOR RESTORING THE RIGHT TO DIGNITY TO A PERSONALITY RIGHTAbstract:The right to dignity is fundamentally linked to the human being. Any breach thereof must give the holder the opportunity to repair the prejudice caused. Most of the time the prejudice is primarily non-patrimonial, which makes it more difficult to remedy. The right of reply gives the interested party a non-patrimonial remedy of the dignity through the possibility of restoring his/her reputation by presenting his/her variant of truth. The purpose of this paper is to highlight the importance of granting the right of reply in the shortest possible time and through the fastest possible means, including through provisional measures. Its recognition at the legislative level only in the field of audio-visual communications is not sufficient, but may represent a starting point for its extension in the civil law. The lack of an express regulation in civil matter does not, however, impede its granting, but the observance of some conditions specific to the civil means of protection of the personality rights is required, and the time elapsed until its exercise is longer and the reply may become inconsiderable. Reparation by equivalent cannot fully restore the right to dignity, which is why the legislative recognition in civil law of the right of reply is required as a personality right in the interest of the individual's self-determination regarding the public presentation of his/her person.
Keywords: right to reply, dignity, reputation, lege ferenda.
JEL Classification:K15
Page 191 - Lecturer Ana-Maria LUPULESCU
4. CONSIDERATIONS CONCERNING THE DISSOLUTION OF COMPANIESAbstract:The dissolution ends the existence of the company, representing the first stage of this process. Once dissolved, the company survives only for the needs of its liquidation, and upon completion of these liquidation operations, its existence ceases permanently. Similar to its setting-up, the termination of the existence of the company is a process that lasts in time, having a variable duration, in order to carry out operations that are indispensable in order to put an end to the existence of the entity created by the company contract. The dissolution, followed generally by liquidation, does not apply only in relation to the termination of the existence of companies having legal personality. On the contrary, the cessation of companies without legal personality implies the same process. Therefore, the dissolution is not necessarily related to the legal personality of the company. Moreover, even in the case of companies having legal personality, the dissolution does not, by itself, lead to the end of the legal person, because this one survives, but in another, more restricted form, limited to the performance of the liquidation operations. The present paper does not intend to analyze, in an exhaustive manner, the matter of the dissolution of companies, but only to emphasize some aspects which may be relevant both for theoreticians of law, but also for practitioners. This analysis is particularly useful in the context in which a certain conceptual and terminological inconsistency can be noticed between the regulation contained in the Civil Code and the one provided by the special laws on companies.
Keywords: company, dissolution, termination, grounds of dissolution, effects.
JEL Classification:K22
Page 208 - PhD. student Eugen SÂRBU
5. LESION IN CONTRACTS BETWEEN PROFESSIONALSAbstract:The current study aims to bring to the foreground a practical perception of lesion, both as a vice of consent and as a mechanism for balancing a contract, by putting this institution in the context of modern economic reality. Section I offers a short historical analysis of lesion in Romanian law, presenting the innovation brought by the Civil Code in force and the applicability of lesion in professional relationships. Section II aims to explain the particularities of this vice of consent regarded as a contractual imbalance. Section III offers an analysis of the conditions of existence of lesion, by contextualizing them in relations between professionals. Section IV introduces an analysis of the way in which the institution of lesion, when correctly put into practice by the interpreter of the law, could influence business actors when making decisions in the phase of concluding the contract. Section V refers to the application of lesion by courts and to the effects produced by this institution.
Keywords: lesion; professionals; business medium; contractual balance; economic analysis of contract; disproportion of benefits.
JEL Classification:K12
Page 216 -
6. INITIATION OF INSOLVENCY PROCEEDINGS AND ITS EFFECTS IN ROMANIAN LAWAbstract:Under Romanian law, insolvency shall be initiated at the request of the persons entitled, usually the debtor or the creditor. After checking the fulfilment of the legal conditions, the syndic judge will order the opening of insolvency proceedings as well as the measures to be taken to know precisely the financial situation of the debtor, the causes that led to the situation of insolvency and the way forward, i.e. the general or simplified procedure. The judicial administrator draws up a report based on which the syndic judge shall decide either the continuation of the general procedure in order to observe the chances of recovery of the debtor on the basis of a reorganization plan or the transition to the simplified procedure: the bankruptcy procedure. In the first case – that of the general procedure – a reorganization plan will be applied, leading to the improvement of the debtor's activity and the payment of the debts to its creditors; in the second case, there are some steps that will lead to the liquidation of the debtor's estate to cover the claims of the creditors. Without claiming to analyses the topic extensively, the article aims to underline the most important aspects about entering the insolvency procedure.
Keywords: Romanian business law, insolvency, insolvency proceedings, initiation of insolvency.
JEL Classification:K22
Page 224 - Professor Ionel DIDEA; PhD. student Diana Maria ILIE
7. INSOLVENCY - EVOLUTIONS AND PERSPECTIVES OF LEGISLATIVE REFORM AT NATIONAL, EUROPEAN AND INTERNATIONAL LEVELAbstract:At the national level, we can really invoke the passage of a road to maturity of the insolvency legislation, especially the Law no. 85/2014, which was intended to be a legislative reform, with major impact in terms of increasing the percentage of the number of companies that have a second chance, on the one hand, but also on reducing the stigma of insolvency, on the other hand. We wonder if after 5 years of implementation this has been achieved, whether it is a problem of our culture or a problem of certain legislative gaps or administrative impediments. How can we maintain a balance between the culture of a state, which hardly changes over time, and an almost perfect institution, but at the same time difficult to implement? Why is the rate of successful reorganizations still low? When do we manage to have control of a modern insolvency legislation, if we slow down progress or return in time through a simple emergency ordinance, such as the one in 2018? How do we implement at national level the new European Directive, recently entered into force, which aims to develop a “rescue culture” for the insolvent debtor, a direction that at national level we have abandoned? How do we manage to evolve and thus fit into the perspectives for legislation evoked at international level, intensely promoted by UNCITRAL, or at least to maintain the appearance of legislation adapted to the new guidelines inevitably impregnated by globalization? It is interesting to analyze the essence of a critical question in the specialized literature3: “Does the imperfection of the legislation generate mistrust or does mistrust generate imperfect results of almost perfect legislation?” It is ultimately a balanced harmonization between culture and legislation, between legislative and administrative, between aspirations and economic, political and social developments, between domestic law and international law, between rights and interests.
Keywords: insolvency, international perspective, European perspective, a new EU Directive, national legislative reform, INSOL Europe, INSOL International.
JEL Classification:K22, K23, K33, K35
Page 230 - Lecturer Nicolae MĂRGĂRIT
8. ASPECTS OF CRIMINALISTIC TACTICS ON RESEARCH IN CASE OF TRAFFIC AND ILLEGAL DRUG CONSUMPTIONAbstract:In the fight against trafficking and illicit drug use, internationally there have been numerous regulations in the field, with states focusing their efforts to combat this scourge. On February 19, 1925, the "International Opium Convention" was signed in Geneva. This Convention regulates the import licenses and export licenses for substances and products with a narcotic content, following a permanent surveillance of the drug movement on the plan. international. On March 30, 1961, in New York, the "Unique Convention on Narcotics" is adopted. In 1971, the Convention on psychotropic substances was adopted in Vienna in the plenipotentiary conference of 77 states with the participation of the World Health Organization, the International Narcotics Control Body and the International Criminal Police Organization (Interpol), the Convention coming into force on August 16, 1976. Countries in the world through legislative measures regulated the circulation and consumption of narcotic products, the 20th century has not undergone radical changes regarding the attitude of the population towards drugs. As a result of the intensification of the narcotics trafficking, it has determined the countries affected by this scourge to modify the internal legislation exercising tighter control. In this context, the Romanian legislation is also inscribed, a great responsibility regarding the application of the law being the duty of the judicial authorities.
Keywords: illicit drug use, fighting drugs traffic, drug effects, criminalistics tactics.
JEL Classification:K14
Page 245 - PhD. student Günay DUAGI
9. THE FIDUCIARY MANAGEMENT AND ITS APPLICATIONS IN THE ROMANIAN LAWAbstract:The fiduciary management represents, together with the fiduciary guarantee, the most used type of fiduciary contracts. This modality of fiducia has become the preferred way of using this institution in practice, a fact proved by the registrations in the National Register of Mobile Publicity. Moreover, this branch of the fiducia is in fact the archetype of this institution. The benefits of the fiduciary management are numerous and were only partially discovered in practice in Romania and through this study we want to highlight other benefits. Among the benefits of this type of fiducia with important implications in the civil circuit we mention the possibility of entrusting a patrimonial mass to some professionals in order to manage these assets as efficiently as possible, maximizing the profit generated by the fiduciary mass without the impediments related to the formalities required for a mandate, overcoming the problems related to representation of the beneficiary in the context of corporate, capital market or transaction deals. As regards the practical applications of fiduciary management, these can come from various fields of civil law. Among the most used we list the following: shareholder management in a commercial company, real estate management, management of a trust consisting of financial assets, management of civil lawsuits, management of assets owned by foreign residents, business management, management of the assets of minors / incapable.
Keywords: fiduciary management, fiduciary, fiduciary contract, fiduciary benefits, applications of the fiducia.
JEL Classification:K12, K15, K22
Page 257 - Associate professor Sandra GRĂDINARU
10. (IM)POSSIBILITY TO RECOVER THE DAMAGE CAUSED BY EMBEZZLEMENT AFTER THE CONVICTION TO A SUPERVISED SUSPENDED SENTENCEAbstract:The present paper intends to analyze the real and effective possibility of a civil party in a criminal trial to recover the damage created by the convicted person, under the conditions in which the criminal court orders the sentence to imprisonment but chooses as the option of executing the sentence, a supervised suspension. The basic idea of the present study starts from the possibility of the civil party to request the revocation of the suspension under supervision of the sentence applied to the convicted person, given that it has no other methods to recover his damage by other means of coercion. Present study aims to analyze the jurisprudential optics of the Romanian courts, notified with the solution of such a request, the argumentation being concentrated around the criteria in relation to which the conduct of the convicted person is analyzed during the probation period. The institution of the revocation of the suspended sentence under supervision established by the Romanian legislator is not adapted to the socio-economic conditions in Romania, in the sense that the provisions of the positive law do not establish the criteria in relation to which the criminal court can settle such a request. The academic and practical interest of the present approach is mainly given by the comparative presentation of the solutions pronounced in this field, starting from a specific case analyzed critically. The scope of addressability of the work is relatively extended, being useful not only to the legal practitioners: lawyers, executors, probation counselors, prosecutors, judges, etc., but also to the civil parties - natural or legal persons (public institutions or commercial companies), being in the impossibility of recovering the damage definitively found by a criminal decision convicting the defendant who committed mainly an economic offense, or subsidiary any offense against the patrimony.
Keywords: economic crimes, embezzlement, damage, suspended sentence.
JEL Classification:K14, K22, K40
Page 265 - Lecturer Donik SALLOVA
11. MULTIETHNIC PRINCIPLES OF ADMINISTRATION AND POLITICS OF THE INTERNATIONAL COMMUNITY IN KOSOVOAbstract:This paper aims to present and analyze the multiethnic principles of international community administration and policy in Kosovo during the period of international administration of Kosovo and the period of negotiations for the final status settlement of Kosovo. The international community has been neutral with the political aspirations of the people of Kosovo for self-determination and has implemented a policy that has essentially built a multiethnic political concept on Kosovo as a political entity. The imposition of these multi-ethnic principles in the construction of the state of Kosovo runs counter to many principles of the functioning of democratic states, whose sovereignty derives from the people, and governance is legitimized by the majority through democratic elections. The paper will conclude that despite the compromises made in the nature of the state of Kosovo with regard to the rights of minority communities in Kosovo, especially the Serb minority, the rejection of this minority towards Kosovo's institutions has increased due to the autonomy offered through the constitution, numerous laws and agreements negotiated in Brussels between Kosovo and Serbia.
Keywords: multiethnic, politics, administration, international community, Kosovo.
JEL Classification:K23
Page 272 - Professor emeritus Ileana CONSTANTINESCU; Lecturer Adriana MOȚATU
12. UZUCAPION IN CONJUNCTION WITH THE PARTIAL ABSOLUTE NULLITY OF THE TITLE OF PROPERTYAbstract:Our objectives are to present a case study of a piece of land owned in adverse possession, with the surface of 200 sqm situated in Bucharest, although occupied for more than 28 years, which was the subject of a trial for adverse possession, this trial was lost on the merits, appeal and second appeal. Parallel with the promotion of the extraordinary way of attack of the revision, it promoted in the court a case for the absolute partial nullity of the title of property issue on the name of another person, a year before this title of property was obtained, this person sold the land to her son during the process of adverse possession performance. This case study shows that, by the partial absolute nullity of the title of property, the first owner runs the risk to lose 200 sqm of the title of property, all the subsequent documents being under nullity, not valid anymore. The research method used was the study of some passed judicial resolutions, of a title of property and some sales-purchase contract. The results of the research led us to the conclusion that the court in Romania was correct when it allowed that the City Hall send the file to the court, the administrative file which was at the base of issuing the title of property according to Law no. 18/1991. The results of the study show that in this case irregularities were done as far as the issuance of the title of property is concerned, considering that there were no proofs before 1989 for the given title of property. Our study implications are done in the sense of a more attentive check of the authorities in order to issue the title of property and their validity.
Keywords: adverse possession, title of property, sales-purchase contract, absolute nullity, subsequent document.
JEL Classification:K11
Page 278 - Associate professor Petruț CIOBANU
13. CRIMINAL LIABILITY OF THE LEGAL PERSONAbstract:The legal person, with the exception of the state and the public authorities, is criminally liable for the crimes committed in the accomplishment of the activity object or in the interest or on behalf of the legal person. Public institutions are not criminally liable for the crimes committed in the exercise of an activity that cannot be the subject of the private domain. The criminal liability of the legal person does not exclude the criminal liability of the natural person who contributed to the commission of the same deed. The criminal liability of the legal person is direct and personal, which means that the eventual right of recourse of the legal person against the natural person who is responsible for committing the crime is exercisable on the basis of criminal civil liability. Pursuant to the principle of the territoriality of the criminal law, foreign legal persons who commit crimes on the Romanian territory will be criminally liable according to the Romanian criminal law.
Keywords: criminal liability, legal person, criminal offense, criminal law.
JEL Classification:K14
Page 282 - PhD. Lidia-Lenuța BĂLAN
14. LEGAL INSTRUMENTS WITH AN INTERNATIONAL VOCATION THAT REGULATE THE CONTROL OF WATER SEDIMENTSAbstract:The human being has been since the creation in full process of knowledge, of satisfying human needs but also of wellness, which represented on the one hand a progress, and on the other hand, it represented a forced acceleration of his life on earth, a situation that has created an exhaustion of all that means environment, disturbing the natural balance of nature and contributing to a significant degradation of environmental factors: atmosphere, water and soil. Water, as an environmental factor, essential and indispensable for human existence for survival, knowledge, wellness and progress, has become, in time, an exhaustible resource for the human being and the activities undertaken by it. Under the strong effervescence of the pressure of exhaustion and degradation of water resources, by the deposition of dangerous substances and materials, the necessity of creating new forms of constraint directed against those who disturb the natural balance of water resources was realized. These new forms of constraint and prevention of depletion of water resources, have taken the form of legal instruments meant to solve the problems arising in the prevention, protection and mention of water quality, but which will determine a sustainable progress for the population and for present and future generations.
Keywords: water protection, environmental degradation, water degradation, legal norms.
JEL Classification: K32, K33
Page 286 - Associate professor Aurel Octavian PASAT
15. PROTECTION OF RELIGIOUS FREEDOM IN THE CRIMINAL LAW OF ROMANIA AND OF THE REPUBLIC OF MOLDOVAAbstract:This scientific article is devoted to the reconceptualization of the legal-criminal protection of religious freedom in the criminal law of Romania and of the Republic of Moldova. The purpose of this scientific message consists in the meticulous identification and analysis of the special legal object of the criminal offenses referred to in paragraph (2) art. 381 Romanian Criminal Code and art. 185 of the Criminal Code of the Republic of Moldova. On this occasion they were subjected to a thorough analysis: the European legislation in the field of religious freedom, the criminal and extra-legal legislation in the field of religious freedom in Romania and the Republic of Moldova, as well as the contemporary doctrine of recent years. Following the study carried out, certain legislative gaps were identified that can be easily removed by reviewing the incriminating framework of the criminal acts that affect the religious freedom of the person. The conclusions of the broad law and the recommendations de lege ferenda created under the empire of the latest legislative tendencies at European level can be taken into account in the legislative process.
Keywords: religious freedom; religious belief; the right to religious belief; religious worship; esoteric worship; spiritual worship; attacks on religious freedom.
JEL Classification:K10, K14
Page 291 - Associate professor Charlotte ENE
16. JUS COGENS (PEREMPTORY NORMS) - A KEY CONCEPT OF THE INTERNATIONAL LAWAbstract:One of the most important concept of international law, jus cogens, still has a controversial significance. Jus cogens is a Latin term meaning a mangatory or compelling law, and it refers to the peremptory norms of general international law from which derogation is forbidden. Despite the formal recognition of this legal concept, based on articles 53 and 64 of the 1969 Vienna Convention on the Law of Treaties, regarding the nullity of the provisions of a treaty which come into conflict with a peremptory norm, jus cogens has a wider application in the international realm than the law of treaties. Therefore, jus cogens can appear in different forms, such as treaty law, customary law, general principles of law, etc., according to the content of the norms. This paper aims to analyse the significance of this legal concept, the role of it in international law and the relevance of it for the international doctrine and the jurisprudence of international courts.
Keywords: international law, jus cogens, peremptory norm, international public order.
JEL Classification:K33
Page 302 - Professor Ion RUSU
17. WAIVING THE CRIMINAL PROSECUTION ACCORDING TO THE DECISION OF THE CONSTITUTIONAL COURT NO. 23/2016Abstract:In the present paper we have examined the institution of waiving the criminal prosecution, as provided in the current law, a text which was modified after the publication of the Decision of the Constitutional Court no. 23/2016. We also considered the formulation of critical opinions regarding the possible existence of other elements of unconstitutionality in the text in force. A very important aspect is the notification of the absence in the text, of some provisions that condition the application of the institution on the need to repair the prejudice caused to the victim. The paper can be useful to students and master students of the country's faculties, as well as practitioners in the field. Also, the work can be useful to the legislator for operating some changes in the current content of the text that regulates this institution.
Keywords: crime; critical opinions; de lege ferenda proposals; criteria.
JEL Classification:K14
Page 305 - Lecturer Ileana VOICA
18. ASPECTS REGARDING THE NOTION OF PROFESSIONALS AND THE CLASSIFICATION OF PROFESSIONALSAbstract:The work summarizes the theoretical consequences of introducing the notion of "professional" in the New Civil Code. This notion outlines a new conception in the commercial or business law doctrine, being an effect of replacing the old term "trader" (natural person or legal person) used for a long time, not only by theoreticians, but also by practitioners with the complex term "professional trader". Thus, not only the notion of professional is of interest here, but also the classification of professionals. Moreover, with the entry into force of the New Civil Code, the old objective concept of defining commercialization, set by the old Commercial Code from 1887 (implicitly repealed by the New Civil Code, on October 1, 2011), was abandoned and a formal criteria was introduced, procedurally regarding the definition of commerciality (registration in the Trade Register of any professional trader, be it a natural person or a legal person).
Keywords: professional, New Civil Code, professional trader, professional non-trader, uniqueness of private law.
JEL Classification:K15, K22
Page 311 - Phd. Nicoleta ȚĂNDĂREANU
19. EVALUATION THE ASSETS OF THE DEBTOR IN THE INSOLVENCY PROCEDUREAbstract:The present paperwork aims to approach some aspects related to the procedure of appointing the assessors and evaluating the assets of the debtor who is in insolvency, at the different stages of the procedure. The assessor in the insolvency proceedings is an independent assessor and must be definitive and compatible insolvency practitioner, on the list of the National Union of Insolvency Practitioners in Romania, with the right to carry out expertise in the insolvency proceedings and a member of the National Association of Romanian Assessors. The assessor must take into account the type of specific value in relation to the pursued purpose. Therefore, the valuation of the assets brought as guarantees, in order to prepare the definitive table of the debtor's claims, will have to take into account the market value, while the evaluation of goods for sale in order to obtain liquidity to cover the expenses for the procedure, including for the conservation of the wealth of the debtor, or in order to liquidate the bankruptcy liability, will have to consider their liquidation value.
Keywords: evaluation assets, debtor in the insolvency procedure, assessor, liquidation value, market value.
JEL Classification:K22
Page 314 - Associate professor Teodor Narcis GODEANU
20. THE LEGAL REGIME OF THE RETIREMENT OF THE EMPLOYED WOMAN AND OF THE PUBLIC SERVANT WOMAN IN THE ROMANIAN LAW SYSTEMAbstract:The present study aims to analyze, as it also results from its title, the specificity of the legal regime of the right to retirement, from two perspectives. First, in comparison, the regime of the woman’s pension right in relation to the man, and secondly, from the same comparative perspective, the pension scheme of the woman employed in relation to the woman civil servant. The conclusion that emerges from its content is that the legislative policy in Romania has sought to mitigate the differences of legal regime between the above mentioned categories. The Constitutional Court also had a special role, which promoted, through its jurisprudence, the solution of eliminating discrimination, both on the grounds of sex and on the criteria of professional category, women employees and women civil servants.
Keywords: employee, pension rights, , discrimination, equality.
JEL Classification:K31
Page 323 - Phd. Ilie DUMITRU
21. RESPONSIBILITY OF THE ORGANIZING TRAVEL AGENCY FOR THE INADEQUATE PROVISION OF TOURIST SERVICESAbstract:The contractual relationship that is established between a travel agency and a tourist can take the form of either a contract for the sale of travel packages or a contract of tourist services, depending on its purpose. The obligations of the travel agency that sold a package of travel services or that are obliged to provide tourist services, as well as the sanctions applicable in case of failure to fulfill the obligations assumed, are established by a recent special law, which transposes a European directive. If we consider the relatively new character of this regulation that derogates from the common law, the particularities of the tourist services and the context of assuming their provision by the intermediarytourism agency, as well as the lack of a consistent Romanian case law in this field, make it necessary to analyze the issue of civil sanctions applicable to the travel agency that does not fulfill its obligations. Our analysis will have a trilateral composition: legal, doctrinal and jurisprudential.
Keywords: package travel contract, tourist services, civil sanctions, breach of the contract.
JEL Classification:K12, K30
Page 328 - Phd. student Loredana COSTINA
22. THE IMPACT OF ACT NO. 129/2019 FOR THE PREVENTION AND COMBATING OF MONEY LAUNDERING AND TERRORIST FINANCING ON THE FUNCTIONING OF CIVIL SOCIETYAbstract:This article deals with the impact of Act no. 129/2019 for the prevention and combating of money laundering and terrorist financing on the functioning of civil society, analyzing in particular the impact of the new provisions in the matter of preventing and combating money laundering and terrorist financing on the rules of incorporating associations and foundations and on their reporting activity of the ultimate beneficial owner. The article focuses on the analysis of the changes made to the Government Ordinance no. 26/2000 on associations and foundations, which sets new rules regarding the incorporation and functioning of NGOs, taking into account the new rules imposed by Act no. 129/2019 and also deals with the problem of identifying the ultimate beneficial owner of an association and foundation, an aspect that has generated numerous reactions at the level of civil society, analyzing at the same time how the Act no. 129/2019 transposed the provisions of the Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and the opportunity of the sanctions provided for the non-observance of the law provisions by the associations and foundations.
Keywords: civil society, associations and foundations, money laundering prevention, the ultimate beneficial owner of the association and foundation.
JEL Classification:K14, K15
Page 335 - Professor Ivan PANKEVYCH
23. CONSTITUTIONAL HUMAN AND CITIZEN RIGHTS TO ENTREPRENEURIAL ACTIVITYAbstract:An important factor in the development of modern society and a means to form a social state with the rule-oflaw is the constitutional declaration of human rights and freedoms as the highest value. However, formal recognition of democratic and broad rights and freedoms does not imply the instant acquisition by an individual of the possibility to fully exercise the values determining the rights. It is important to create an efficient social and legal mechanism for implementation of rights and freedoms that includes guarantees to secure and protect them. That is why in this study, the author employed such research methods as logical, observation, modeling, forecasting, comparative law analysis, etc. The state recognizes a right of an individual and a citizen to entrepreneurial activity. At the same time, it shall guarantee the possibility to exercise the kind of activity within its territory. The guarantees are stipulated not only in the Constitution of Ukraine but also in the respective sectoral law. In addition, by recognizing agreements ratified by Ukraine to be part of Ukrainian legal system, legislators confirmed that human and citizen rights protection, including also such important right as the constitutional right to entrepreneurial activity, is not an exclusive internal affair of Ukraine. Despite the 30 years of market economy functioning in Ukraine, citizens still have inflated demands for the paternalistic role of the state. The principle of social state fixed in the Constitution of Ukraine is partly restricting the exercise of the constitutional right to entrepreneurial activity. In fact, equality before the law is often interpreted as the need to provide for equality of results in society with the help of fair redistribution. At the same time, the shaping a market economy in Ukraine, with the leading role of oligarchic business groups, resulted into mass pulling of their capital into offshore, investment of profits gained in Ukraine into foreign businesses and real estate. Consequently, it generates distrust and disappointment of Ukrainian citizens for their own state and its representatives, and impedes the reform process in the country.
Keywords: constitutional rights, human rights, guarantee of human rights protection, economic rights, entrepreneurial activities, market economy.
JEL Classification:K11, K14, K15, K19, K22, K31, P14
Page 343 - Associate professor Ioana-Nely MILITARU
24. PROTECTION OF FUNDAMENTAL RIGHTS IN THE EUROPEAN UNIONAbstract:In order to ensure the respect of the values that the European Union is based on, provided for in art. 2 of the Treaty on European Union, Article 7 of the same Treaty, provides for a mechanism of the European Union that allows to determine if serious and persistent violations of the values of the European Union by a Member State have taken place and possibly to sanction such violations. The European Union is obliged to respect the Charter of Fundamental Rights of the European Union. The Charter sets out the rights that both the European Union and the Member States must respect when implementing EU Law.
Keywords: fundamental rights, fundamental values, constitutional values, fundamental freedoms, judicial protection, the supremacy of European Union Law.
JEL Classification:K33, K38
Page 352 - Lecturer Andrada NOUR
25. THE CRIME OF TRAFFIC OF INFLUENCE IN THE NEW INCRIMINATION FORMULAAbstract:Corruption is an extremely complex phenomenon, contrary to the democratic principle, manifested negatively in both domestically and internationally. Thus, mainly internally, corruption generates distrust in the institutions of the state and the administration of justice, affects economic progress and good governance, and externally, alter the credibility and image of the state. Corruption can know in practice a variety of forms, traffic of influence being one of the most representative expressions of corruption. Since traffic of influence falls in the category of the crimes with a very high degree of social danger, it has been incriminated in international and community legal documents of reference for combating corruption. In our country, it tries to combat this crime by regulations aimed at a variety of concrete forms of expression, regulation which are the subject of our study.
Keywords: corruption, traffic of influence, crime, domestic criminal law, criminal liability, community law.
JEL Classification:K14
Page 358 - PhD. student Mihai-Adrian DAMIAN
26. THE ATTRIBUTIONS OF THE FAMILY COUNCILAbstract:The Civil Code provides for the attributions for the family council a framework provision which is comprised in one article, namely Art 130. The legal text is complex, being structured of 4 paragraphs creating an image of ensemble over the role fulfilled by this guardianship organ, as well as over its specific means of functioning. The current paper aims to approach this issue starting from this framework regulation, but in the same time to consider each legal provision through which the legislator sets tasks for the family council converging towards its role of supervision of the guardianship.
Keywords: guardianship, family council, council member, advisory opinions, decisions.
JEL Classification:K36
Page 368 - Associate professor Ana VIDAT
27. DIFFICULTIES IN THE PROCESS OF RETURNING THE EMPLOYMENT MARKET AFTER THE END OF THE CHILD-RAISING LEAVEAbstract:Child-raising leave is a right conferred by applicable law; however, in many cases, exercising this right can lead to a career break, in the vocational training, in the process of reintegrating into the group the employee who returns to work at the end of 2/3 years.
Keywords: individual employment contract; child-raising leave; vocational training; the named clauses; labor market.
JEL Classification:K31
Page 376 - Lecturer Mentor LECAJ
28. ANALYSIS OF PARTY MOTIVES INTERESTED IN IRAN'S NUCLEAR PROGRAMAbstract:In order to have a clear overview regarding the Iranian nuclear program, and weather any indication that Iran has deviated from its peaceful nuclear program, we must investigate Iran's true motive for possessing nuclear weapons. Analyzing every detail of the reasons and motive of Iran, Iran's covert actions in one side and the motive of the western countries in another side to accuse Iran of enriching uranium illegally, and after summarizing and analyzing all the "points", then will be easier to have clear overview over suspected Iranian nuclear program. This paper will use the method of analyzing and comparing the motivation and reasons pro and contra regarding processing and possession of nuclear weapons. This scientific article will contribute to clarifying the whole puzzle of the Iranian nuclear crisis, which itself incorporates different significant factors such as: legal, political, security one.
Keywords: Iran, nuclear weapon, motive, western countries.
JEL Classification:K33
Page 380 - Lecturer Ovidiu Horia MAICAN
29. LEGAL ASPECTS OF ECONOMIC ESPIONAGEAbstract:Economic espionage is the unlawful targeting and theft of critical economic intelligence, such as trade secrets and intellectual property. The term refers to the clandestine acquisition or outright theft of invaluable proprietary information in a number of areas, including technology, finance, and government policy. Offenders get cheap access to critical information, leading victims to suffer economic losses.
Keywords: economic espionage, legal rules, unlawful competition, damages.
JEL Classification:K21, K33
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