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







Article 1 - The conciliation of collective labour conflicts


The present article envisages presenting the conciliation as a resolution procedure for the conflicts of interests/collective labour conflicts. The conciliation was stipulated as a resolution procedure for the conflicts of interests/collective labour conflicts even from the first acts that regulated this domain, being foreseen as a mandatory phase within the process of solving this type of conflicts. The subject of conciliation was approached before within the doctrine, from this juridical institution development point of view, the used research methods being the observation and the comparative analysis. The legislator adapted the procedure for the resolution of conflicts of interests/ collective labour conflicts in accordance with the social and economic development of the labour relations and identified other means of resolution, such as the mediation, the arbitrage or the strike, when the conciliation didn’t lead to the end of the conflict. The present paper aims is to realize an assessment over the historical development of the labour conflicts conciliation and to draw up a study on the statistical data concerning these conflicts. The study may be used within the research activity, its contribution being set up by the updated presentation of the statistical data and on the legislation within the field of labour conflicts conciliation.
Key-words: the legal framework, amiable resolution procedure, mediation, arbitrage, strike.
JEL Classification: K31

Article 2 - Corrections and completions that are imposed to constitutional dispositions and normative documents in the matter of local public administrations in Romania


The present study proposes to identify part of the problems that appeared in administrative practice and to offer possible solutions or interpretations. The identified problems, generated by numerous changes in society, oblige the lawmaker to adapt the legislations so that the social values find the needed defense through law, but also in other normative documents. State practice in general and administrative practice especially have highlighted that an ambiguous stipulations can lead in many situations, to divers interpretations or institutional blockages. Also, administrative lacunas create serious difficulties, especially in the domain of local public administration, in the activity of authorities and institutions of local level. It is thus imposed to find viable solutions in concordance with society development, in permanent state of change.
Key-words: legislation, local public administration, controversy, administrative practice, solutions.

JEL Classification: K23

Article 3 - Reform of the United Kingdom judicial system


The separation of powers in a state is an essential characteristic of every democratic country, a principle present in many constitutions, most notably that of the United States.
The concept is imperfectly fulfilled in the United Kingdom, given that the executive (Ministers) form part of the legislature and that part of the judiciary (Law Lords) sit in the legislature.
As a result, it was necessary to remove the constitutional anomaly that the highest court of appeal in the United Kingdom was situated within one of the chambers of Parliament.
Key-words: United Kingdom, Supreme Court, House of Lords, Privy Council, constitutional reform.
JEL Classification: K33, K40

Article 4 - Regulatory on the corporate social responsibility in the context of sustainable development by mandatory in the world trade organization law perspective (case study in Indonesia)


Regulatory on the Corporate Social Responsibility (CSR) by mandatory in Indonesia as stipulated in Article 74 of Law No. 40/2007 on the Limited Liability Company (hereafter the Company Law) raises a contradiction. Those who agree argue that the company is not solely for profit, but more than that are participating in social issues and the preservation of the environment within the framework of sustainable development. Conversely, those who disagree view that social issues and the environment are the full responsibility of state. The involvement of a corporation in social and environmental activities is voluntary.
Verdict of the Indonesian Constitutional Court in case no. 53/PUU-VI / / 2008 dated 13 April 2009 which rejected a requesting of material test of the Article 74 paragraph (1), (2) and (3) of the Company Law confirms the existence of the CSR by mandatory in international trade traffic today.
The analytical results indicates that mandatory CSR regulation in the Company Law is not a form of a state intervention to the private activities. In addition, the arrangement is not contrary to the principles of free trade within the framework of the General Agreement on Tariffs and Trade (GATT) / World Trade Organization (WTO).
Key-words: Corporate Social Responsibility, Environment and Utility.
JEL Classification: K22, K23

Article 5 - Regard sceptique sur le droit a la sante au Cameroun


The present paper deals with the right to health in Cameroon as a foundamental rigth institueted by international laws.The ratification by Cameroon of those laws deals iyh the purpose of insuring good health to all cityzens. However, according to the analysis of texte laws and the critics of the socio -economic politic and cultural contexte in which this right implimented, does not allows this right to all.
Key-words: right of health, pollution, droit to be alive, care, illness.
JEL Classification:K32

Article 6 - L’expression de la souveraineté des Etats membres de l’OHADA (l’Organisation pour l’Harmonisation en Afrique du Droit des Affaires): une solution-problème a l’intégration juridique


The title of this contribution concerns the sovereignty of OHADA’s States as a solution or a problem of juridical integration. In our analysis, we consider that the States of the OHADA’s area are the main actors of this integration. In fact, the States express their sovereignty towards organs and tools of OHADA. In one hand, the way States express their sovereignty enable to have the same law amongst OHADA’s States. In another hand, by allowing any State to have his own criminal law (as far as sanctions are concerned) the aim of integration (unification) has been jeopardized. The solution of this problem is to have the same penal approach.
Key-words: OHADA, sovereignty, juridical integration, criminal law, business law.
JEL Classification: K23, K33

Article 7 - Independence of the judiciary


There are many factors which influence the independence of the judiciary. In a decision making process, judges, at any rate, must be able to act independently of any direct or indirect restriction, improper influence, inducement, pressure, threatening or obstacle. The law should provide explicit punishment measures against anyone who tries to impose any of the above means upon the judges. Any judge should possess the inviolable freedom of judging impartially, by his/her consciousness and interpretation, and pursuant to law. However, this is often impossible for judges are frequently put under various pressures that should be avoided. I have employed theoretical and practical methods for the purposes of this article. In conclusion, the research results have shown a heavy infringement of the independence of the judiciary in our country. There is a quite frequent tendency to influence the judges’ decisions. Common violations of law and judicial independence, to a large extent, remain unnoticed and unpunished. A considerable number of judges think that such tendencies have no significant influence on the management of justice.
Key-words: independence, judiciary, law, justice.
JEL Classification: K40

Article 8 - Enforcement of State aid law at national level. The relationship between national courts and the European Commission


The control of state aid is an unique feature of competition policy in the European Union. This paper sets out to show the balance between Member States and the European Union in the area of state aid policy.
After a brief overview of the principles underlying the enforcement of state aid law in the Member States, we will describe the basic principles underlying the division of responsibilities between the Commission and national courts in state aids matters, then we will discuss the two main responsibilities facing national courts – protecting competitors against unlawful aid and ensuring effective recovery of illegal and incompatible aid.
Key-words: European Union, State aid, national courts, European Commission.
JEL Classification: K23

Articolul 9 - Business judgement rule in Czech Corporations Act


Czech private law is currently undergoing a thorough transformation. This inclundes adoption of a brand new Corporations Act, which is to supersede the current Commercial Code. The new legislation introduces several new rules governing liability of company executive officers. One of these is business judgment rule. It should provide company executive officers with a certain level of protection against litigantion – if specific terms are met, it is presumed, that they carried out their responsibilities with proper care. I intend to demonstrate, that the czech business judgment rule is flawed, despite the fact that it draws from foreign examples and that this regulation, although seemingly groundbreaking, in fact changes nothing in examination of the decisions of the company executive officers in Czech Republic.
The main goal of this article is therefore to analyze and criticize the business judgment rule in the new Czech legislation and to compare it to notable foreign legal systems. The methods used are inductive and deductive reasoning, author‘s own analysis of legal text, comparative method and compilation of available resources relating to the topic of the article..
Key-words: Business judgment, Company executive oficer, corporate body, company, corporation, Corporate law.
JEL Classification: K22, K40


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