Review edited by:
Editura ASE
Law Department of The Bucharest Academy of Economic Studies

And


Society of Juridical and Administrative Sciences



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


Frequency:
2 issues / year

Contact:
office@TribunaJuridica.eu

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INTERNATIONAL CONFERENCE
PERSPECTIVES OF BUSINESS LAW IN THE THIRD MILLENIUM
www.businesslawconference.ro

INTERNATIONAL CONFERENCE
GLOBAL ECONOMICS AND GOVERNANCE
www.gegresearch.org

ASE PUBLISHING
www.editura.ase.ro

JURIDICE.ro
www.juridice.ro
abonamente
 

1st Article - Specifics of the employment process in the public sector

Abstract

The labour legislation applicable in public sector is very different from the one applicable in private sector. Unlike the private sector where the market is the most efficient regulator and sanctions all errors made by the assessor, in the public sector there isn’t always a feed-back from the economic realities that may prove the accuracy and the efficiency of the assessment. Consequently, the law goes further on and imposes requirements, deadlines and procedures. While the private sector enjoys a certain flexibility regarding the assessment of the staff, in order to adjust it to the requirements of the economic realities, in the public sector, flexibility can lead to manifestations of subjectivism and arbitrariness. On the other hand, the excessive amount of regulations applicable in public sector may provide versatile and even contradictory results.
Keywords: Labour law, public sector, recruitment, promotion.


2nd Article - The ordinary means of appeal in criminal law, from the perspective of the provisions of Law no. 202/2010 (“the small reform”) and of the new Code of Criminal Procedure

Abstract

Aiming to ensure the celerity of the Romanian criminal trial, the legislative changes of the present Code of Criminal Procedure through Law no. 202/2010 have impacted also the matter of appeals, leading to fewer degrees of jurisdiction in most criminal cases.
The actual Romanian Code of Criminal Procedure governs, as a general rule, the triple level of jurisdiction in criminal matters, dedicating two ordinary means of attack: the appeal and the recourse; consequently to the legislative changes of the present Code of Criminal Procedure (through Law no.202/2010), only the cases that are first trialed in a court can still undergo both ordinary means of attack.
Also, Law no.135/2010 regarding the new Code of Criminal Procedure brings changes with regard to ordinary means of attack, and, implicitly, with regard to the levels of jurisdiction.

Thus, with the purpose of ensuring the celerity of the criminal trial and the acceleration of the settlement of the criminal cases, under the circumstances in which there will be an increase of guarantees in the criminal prosecution phase and in the first instance trial, in the matter of means of attack the new code stipulates the ordinary means of attack of appeal, fully devolutive. Regarding the recourse, this will become an extraordinary means of attack (under the name of recourse in cassation), exercised only in exceptional cases and only for reasons of illegality.
Keywords: celerity; ordinary means of attack; criminal case; legislative changes; the new Code of Criminal Procedure.


3rd Article - The company contract in the new Romanian Civil Code (art. 1881 - 1954). Comparison with the 1865 Civil Code

Abstract

The Longevity of the Roman Civil Code from 1864, and the long duration of cohabitation with the Commercial Code of 1887 puts into question the issue of rapid enforcing of the New Civil Code! Therefore it is extremely important to compare the current drafting legal texts regarding companies in the New Civil Code, with the legal provisions contained in the Law 31/199o! Because the New Civil Code is put into practice recently, the present study relies solely on examination of the doctrine in this area. The results of the research have as targets the researchers and teachers from the faculties of law: the study is original due to the fact that the old Civil Code is compared with the new Civil code.  The present study is exceeding this image, trying to create a new perspective and a more complete analysis!
Keywords: commercial (trade) companies, the associates, company contract, Civil Code.


4th Article - Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation

Abstract

This study examines - from a dual perspective - historical and teleological, the constitutional provisions that enshrine the presumption of lawful acquirement of assets, including the development and interpretation thereof in the case-law of the Constitutional Court, in order to create a framework for analysis of Law no. 63/2012 amending and supplementing the Criminal Code and Law no. 286/2009 on the Criminal Code, a law that establishes the measure of extended confiscation, expression of international regulatory concerns in this area.
Keywords: right to property, presumption of lawful acquirement of property, legal certainty, extended confiscation, revision of the Constitution.


5th Article - How dignity was introduced into the law
and what dignity contributed to the law

Abstract

The exact content of the relation between dignity and law has not been fully clarified yet. We only know that, although it has been used since antiquity, the notion entered international legislation and national constitutions only after WWII. Since then, the law uses the term, but it does not define it. Under the circumstances, can we talk about a legal concept? Is dignity a means or a purpose to law? Which is its relation with the fundamental human rights? Is it a right among others, or a basic ground for all of them? Here are a few questions to which the present article is trying to provide some answers…
Keywords: dignity, law, fundamental rights, natural law, abuse of right.


6th Article - The material element in the basic form
of the offense of abusive behavior

Abstract

Legal rules are dynamic, meaning that they change depending on the evolution of the society at a certain time, in order to successfully meet the needs of regulation of social relations. The Criminal Code is no exception to this rule. Insult and slander have been decriminalized by the Law no. 278/2006, a situation which has led to changing legal content of other crimes, such as outrage, referred to in Art. 239 Criminal Code, by repealing its basic variant, relative to insult and slander. Instead, at the offense of abusive behavior, referred to in Art. 250 Criminal Code, the basic variant, represented by ,,the use of offensive language”, remained in force.
Keywords: insult, slander, outrage, abusive behavior, decriminalization.


 

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