Revue éditée par:
Editura ASE
Département de Droit de l'Académie d'Etudes Economiques de Bucarest


Société des Sciences Juridiques et Administratives

ISSN: 2247-7195
e-ISSN 2248 – 0382
ISSN-L 2247 – 7195

2 numéros / an







1st Article - Forms of reparation of prejudice in international law


The international responsibility of states has been a topic that has attracted the attention of numerous entities existing at international and regional level, but also of education institutions involved in codifying international law. When it came to the problem of codification at international or regional law, the responsibility of the states was especially considered a topic of great importance and introduced in the established working programs. Thus, it is has been started off from the international responsibility of the states for damage caused on their territory to foreign persons of their property, a problem subsequently abandoned, but somehow reconsidered as part of diplomatic protection and the study has come to the responsibility of the states for internationally wrongful acts, separating from it the responsibility of the states for prejudicial consequences resulted from activities that are not banned by international law. The experts involved in the preparation of the draft regarding "The Responsibility of the States for Internationally Wrongful Acts" have identified in the practice of the states and in international case law essential aspects that need to be considered in codifying the indicated field. Considering that satisfying the claims of a prejudiced state is covered, special heed has been paid to the forms of reparation of prejudice, namely: restitution in kind (restitutio in integrum), by equivalent (damages) and satisfaction.
Keywords: internationally wrongful acts, prejudice, restitution in kind, damages, satisfaction

2nd Article - The principle of empowerment in the European Union


Delimitation of competences in the EU is governed by the principle of conferral. Based on the content of these provisions work in the first three parts of it, defining and classifying skills appropriate attribution Treaties underlying the European Union (Treaty on European Union and the Treaty on the Functioning of the European Union) and the Court of Justice. The next three parts of the paper detailing each classification in hand, highlighting, clear delineation of the Union competences of the Member States carried out by the Lisbon Treaty and the amendments made by this treaty.
Keywords: power, duty, power control, action skills, exclusive competence, shared competence, skills, express, power subsidiary, implied powers

3rd Article - Les services de paiement sur le marché de l'Union Européenne et de L'Espace Économique Européen, pendant la crise économique actuelle


From 1 November 2009 came into force Emergency Ordinance No. 113/2009, which introduced into Romanian legislation the Directive on Payment Services (PSD "Payment Services Directive") applicable in the European Union (EU) and European Economic Space (EES). These regulations are intended transparency of banking information for payment services to create a single legal framework at the European Union and European Economic Space in the field of payment services and the protection of consumers of these services. The regulations of the Directive on payment services are applied to all payment transactions in the currency of each Member State of the European Union and European Economic Space, provided that the two banks - the payer's bank and the beneficiary's bank – are located in a Member State. Payment services coming under the impact of new legislation are: payment by bill of exchange, electronic payments, payments by credit card, payments made by direct debit, cash transactions, provided the payment and transfer of funds (the giving of money) under conditions of transparency and information to users and to comply with a set of laws and obligations on the part of all those involved in this operation.
Keywords: payment services, banks, financial institutions, electronic payment, payment order

4th Article - Bills of exchange and promissory notes – comparative perspective


This paper presents the legal system for the bills of exchange and promissory notes, and also the similarities and differences between the bills of exchange and promissory notes in the Romanian law and private international law. This article analyzed: procedures for issuing bills of exchange and promissory notes, the essential terms must include bills of exchange and promissory notes, rights and obligations arising from document exchange and the promissory notes, transmission of bills of exchange and promissory note, presentation of bills of exchange and promissory notes for payment in the original or truncation (in electronic format), the law applicable to bills of exchange and promissory notes in international trade law. This article investigates and rules in the new Romanian Civil Code of the aspects of private international law on bills of exchange and promissory notes. The conclusions of this article emphasizes the particular usefulness of these debt securities for the contemporary market economy. The institutionalization of this debt securities circulation represents one of the most important contributions of the commercial law to the progress of modern commercial activity.
Keywords: bill of exchange, promissory note, drawer, drawee, issuer, acceptance.

5th Article - Liability of intermediary service providers in Romania


The purpose of this paper is to analyze the legislation, doctrinal opinions and relevant case law regarding the liability of intermediary service providers in Romania and to contribute to the current stage of knowledge in this matter. The objectives pursued by the author are: identification of the peculiarities of the transposition of the E-Commerce Directive into Romanian legislation; identification of problems that could arise from law’s interpretation; issuing of the de lege ferenda proposals. According to Romanian Law, the rule is the liability of the intermediary service provider. The liability limitations apply to certain clearly delimited activities carried out by service providers, precisely defined by art. 12-15 from Law no. 362/2002, as: mere conduit, caching, hosting, search engines and hyperlinks. Romanian Law does not offer the possibility to impose on service provider an obligation to monitor the information they transmit or store or an obligation to actively seek out facts and circumstances, even if it could be only for specific, clearly defined individual case. The notice and take down procedures for illegal content is not a legal obligation according to Romanian Law. The Romanian Law is mandatory only for service providers established in Romania.
Keywords: provider of information society service, mere conduit, caching, hosting, search engine, hyperlink

6th Article - Considerations on the modifications brought to disciplinary liability by the Laws no. 40/2011 and 62/2011


Law no. 40/2011 modifying and supplementing the Labour Code and the Law on Social Dialogue no. 62/2011 have significantly modified the legislative framework regulating the labour conditions. Starting from this year, the architecture of the labour law fundamental institutions has been subjected to changes that would materialize in new approach directions both for employers and employees as well as for the law courts that will have to interpret the new legal dispositions in an equitable manner. Among the essential amendments brought to the abovementioned law, we will focus on those related to the modifications and applicability of employees' disciplinary liability.
Keywords: Law on Social Dialogue, disciplinary liability, internal regulation, the collective labour contract, enforcement of disciplinary sanctions, disciplinary investigation

7th Article - Some considerations on disciplinary liability overlapping criminal liability and legal perspective of contract analysis


Among the various forms of legal liability there are many points of contact reflected in their common goal - the encouragement of active members of society. Starting from the statement - the independent nature of the various forms of legal liability does not mean they are excluded - in what follows, given the legal autonomy of spheres of social relations protected by various laws, we will consider disciplinary overlapping with other forms of legal liability - criminal liability. Of course, this is possible only if the act committed by the employee is both disciplinary and criminal. This form of accumulation are possible without violating the principle of non bis in idem that since each of the envisaged legal rules protect different social relations. In addition of this applying the same principle prohibits two or more same kind sanctions for an unlawful action
Keywords: disciplinary liability, criminal responsibility, misconduct, crime


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