![]() Revista editata de: ![]() Departamentul de Drept al Academiei de Studii Economice din Bucuresti Si Societatea de Științe Juridice și Administrative ![]() ISSN: 2247-7195 e-ISSN 2248 – 0382 ISSN-L 2247 – 7195 Frecventa aparitiei: 2 numere / an Contact: office@TribunaJuridica.eu PARTENERI: CONFERINŢA INTERNAŢIONALĂ PERSPECTIVE ALE DREPTULUI AFACERILOR ÎN MILENIUL AL TREILEA www.businesslawconference.ro INTERNATIONAL CONFERENCE GLOBAL ECONOMICS AND GOVERNANCE www.gegresearch.org Editura ASE www.editura.ase.ro JURIDICE.ro www.juridice.ro ![]() |
Articol 1 - Arbitration’s perspectives in the light of European Union regulationsRezumat
The present study tries to identify the relationship between arbitration (commercial arbitration) and the primary and secondary rules of EU law. Through a systemic analyze of community doctrine and jurisprudence there will be identified the points where the arbitration procedure interferes with regulations of EU law and which are the perspectives to change these rules. Cuvinte-cheie: arbitration, EU law, primary and secondary law, arbitrator, merits of the case. Clasificare JEL: K33, K41 Articol 2 - Some considerations regarding the legal responsibility and the social responsibilityRezumat
The judicial responsibility is acknowledged in the judicial doctrine2, as being ‘the starting point’ of the entire social responsibility, position that continues to have from ancient times until today, thus providing an expression of Law on its most concerted form, which reflect the stage of evolution of the entire social life. Expressing forms and realities of social life, both values and norms are ideal standards of conduct, perceived as individual requirements by each member of society3. The human action enforces the compliance of certain rules and its subordination of certain goals and interests, according to a system of principles and criteria; this is because the individual lead his existence in a relational system with others, a system characterized by extensive interactions and interdependencies. In any society may appear different types of conduct, whose broad includes those conformist, innovative, as well as those non-conformists, escapist or deviant. As full integration of the individual in society, legal norms are not an exclusive element; these are the foundation of a set of rules for the most various types. The institution of social responsibility arises precisely in this way, representing a higher level of integration of the individual in the society. Cuvinte-cheie: legal responsibility, social responsibility, accountability, legal provision. Clasificare JEL: K10, K42 Articol 3 - Considerations regarding law as an instrument of communicationRezumat
This paper tackles the possibility of envisioning law as an instrument of communication, using systemic and informational models. The effects of legal communication have a profound influence on the evolution of the system of law and also on national legal cultures. The means through which law is communicated, as well as the analysis of the information that is transmitted, along with the legal noise generated by the poor understanding of legal norms, are briefly discussed in the paper. In this direction, legal linguistics are analyzed, especially the phrasing of legal norms, with regard to syntax, morphology, phonetics and semantics, as well as their influence on the Romanian legal system. Beside legal linguistics, the analysis of legal semiotics within the communication of law is also discussed, as the system of law is considered an abstract and analytical normative system, which uses texts and codes. Careful analysis of legal communication, using the concepts of legal linguistics and legal semiotics could help alleviate the effects of the faulty communication of law and enhance the understanding of legal norms by the general public. Cuvinte-cheie: communication, law, legal linguistics, legal semiotics. Clasificare JEL: K10 Articol 4 - La publicité comparative est – elle autorisée au Cameroun?Rezumat
The Law No. 2006/018 of 29 December 2006 governing advertising in Cameroon has breached the lawfulness of comparative advertising. But the excessive caution of the legislature raises questions about the reality of this authorization, as the field of comparative advertising is limited. The total comparative advertising is considered as an act of unfair competition while the competitor comes out secure. Cuvinte-cheie: comparative advertising, unfair competition, denigration of the competitor, free competition. Clasificare JEL: K20, K23 Articol 5 - Implications of invalidity of Data Retention Directive to telecom operatorsRezumat
Obligation for telecom operators to retain traffic and location data for combating crime purposes had been controversial ever since the adoption of the Data Retention Directive in 2006 because of its inherent negative impact on the fundamental right to privacy and personal data protection. However, the awaited judgment of the CJEU in April this year, which declared the Directive invalid, did not so far resolve the ambiguity of the issue. Namely, having in mind that half a year later, some countries did not amend their national data retention legislations (yet) to comply with the aforementioned CJEU judgment, telecom operators as addresses of this obligation are in uncertain legal situation which could be called “lose-lose” situation. Also, the emphasis from the question of proportionality between data privacy and public security is shifted to the question of existence of valid legal basis for data processing (retaining data and providing them to authorities) in the new legal environment in which national and EU law are still not in compliance. In this paper the author examines the implications of the CJEU judgment to national EU legislation, telecom operators and data subjects, providing comparative analysis of national data retention legislation status in EU member states. The existence of valid legal basis for data processing is examined within EU law sources, including within proposed EU General Data Protection Regulation and opinions of the relevant data protection bodies (e.g. Article 29 Working Party). Cuvinte-cheie: data retention, Data Retention Directive, data protection, privacy, legal bases. Clasificare JEL: K30, K33 Articol 6 - Considerations on the bicameral parliamentary system in RomaniaRezumat The study approaches the way Romanian bicameralism functions, considering both its strengths and weaknesses. In addition, the unicameral parliamentary system is presented in relation to the bicameral one. Articol 7 - La crise de la présomption d’innocence: regard croisé sur la procédure pénale camerounaise et de la Cour pénale internationaleRezumat Most of time, the suspect is presumed innocent in the beginning of the penal proceeding. But this presumption of innocence is created for saving individual freedoms and reputation. The truth is that the suspect is presumed guilty after his arrest. And the judicial authorities will check if the suspect is innocent or confirmed guilty. This situation can threaten individual freedoms and reputation. That is why we want to size the meaning of presumption of innocence in other to protect it, at first. Secondly, we are going to study the presumption of culpability. What is more, the fact that the suspect is presumed guilty justifies the office of a barrister at any stage of the penal proceeding. In fact, before the arrest of the suspect, he is presumed innocent. After his arrest he is presumed guilty. Articol 8 - Legal regime of lobby activities. A comparative viewRezumat A very important aspect is that countries with specific rules and regulations regulating the activities of lobbyists and interest groups are more the exception than the rule. Articolul 9 - Disinherintance in the vision of the new Romanian Civil CodeRezumat Once the new Civil Code came into force on October 1st, 2011, disinheritance became a new legal institution, with own characteristics and specifics established by the lawmaker. While the 1864 Civil Code was still in force, doctrine and jurisprudence acknowledged that disinheritance existed, but it was not expressly regulated. The current study aims to clarify the notion of disinheritance, to describe its legal regulation, to identify the different categories of disinheritance and to list the effects of disinheritance over the heirs of the testator, but also to point out the limits of disinheritance. Articolul 10 - Principles of law applicable to the arbitration proceedingsRezumat The essential characteristics of the arbitration are its private nature, voluntary and confidential, which at first glance may give the impression of an institution less "endowed" with strict rules of substantive and procedural law. Parties are free to choose or even to develop rules that may constitute into an arbitration proceeding, compulsory for the parties and arbitrators, respected and applied by them. Articolul 11 - European Union rules in the matter of dismissal of employeesRezumat So far, the European Union adopted a Directive on firing any individual content to regulate only matters of collective redundancies due to the social implications that occur usually in case of collective dismissals and, simultaneously, their potential conflicts. Directive no. 98/95/EC of 20 July 1998 on the approximation of the laws of Member States relating to collective redundancies was adopted by the Council of the European Union since it was necessary to grant greater protection to workers in the event of collective redundancies. The provisions of Directive no. 98/59/EC of 20 July 1998 on the approximation of the laws of Member States relating to collective redundancies have been transposed into national law by the Romanian Government Emergency Ordinance no. 55/2006 amending and supplementing the Labour Code so that in this case no question of direct application of Community rules, but can not disregard its interpretation by the European Court of Justice. Articolul 12 - Tributes imposed on tourists as a new-old source of local governments incomeRezumat The growth in a number of tourists and, consequently, a larger income obtained from tourism by the state led to the situation when the previously marginalized tributes imposed on tourists by local governments have assumed greater significance. Additional revenues to local units’ budgets, gained from the above-mentioned tributes, are often allotted for better infrastructure and tourist promotion, thereby contributing to the increased tourist competitiveness. The present paper discusses the construction of levies imposed on tourists by local governments in various European states. Besides, the issues of how local governments can influence the construction of the tax within the frames of the granted tax autonomy are examined. Due to the fact that in many European countries burdens imposed on tourists by local units can be called taxes, fees or other levies, the term „tribute”, as a broader one including all statutory charges, is intentionally used in the present paper. Articolul 13 - The normative of the European Commission for liberal professions and business environmentRezumat The liberal professions today in many countries make a substantial contribution to provide high quality provisions in the field of “social goods” as health and judicial services, well in general public services for the protection of citizens' rights and economic prosperity.
Articolul 14 - Rules on the conflict of laws in the matter of succession in Romanian private international lawRezumat Until the entry into force of the new Civil Code (1 October 2011), the law applicable to inheritance made the distinction between the inheritance of movable property (to which the national law of the deceased applied) and the inheritance of immovable property (to which lex rei sitae applied). Articolul 15 - The evolution of administrative law in Albania and the impact of the decisions of the European Court of Justice in the Albanian legal reforms in administrative justiceRezumat The selection of the thesis was generally motivated by the lack of legal treatise focused in the arguments of Administrative Court importance in Albanian Judicial system as a new judicial structure, whose role would be to check the legality of decisions of the state administration with the aim to guarantee effective protection of human rights and legitimate interests of private persons through a regular, conform, fast and reasonable judicial process. Articolul 16 - Aspects pertaining to the legal regime of Presidential decrees in RomaniaRezumat The doctrinal debates on the legal regime of presidential decrees and the recent case-law of the Constitutional Court have determined the present approach for analysis of some aspects pertaining to the issues arising in relation to these acts, especially their legal features and nature and, from this perspective, the differentiations with regard to the challenging of presidential decrees – we refer, in this context, to the extension of the control carried out by courts. The conclusions of the study reveal the importance of addressing and establishing the relations between public authorities, inclusively with regard to the substantiation, issuance and implementation of presidential decrees, in relation to the principle of constitutional loyalty. Articolul 17 - European Commission initiatives to promote the general interest of the European UnionRezumat Each institution of the Union has an interest in it. In this context, the Commission is also namely, that of the Union, initially of the European Communities, thereby explaining – and is pronounced supranational character of the institution. Representing the Union’s general interest is reflected by Treaties. This paper presents the Commission’s initiatives appropriate its functions to support the Union’s general interest. Articolul 18 - Scafom International BV v. Lorraine Tubes S.A.S.: a case review of changing circumstances under the United Nations Convention on International Sale of Goods (CISG) of 1980Rezumat This paper analyses the Belgium Supreme Court decision of Scafom International BV v. Lorraine Tubes S.A.S. The case involved a contract of sale of volatile goods ie steel tubes whereby a fixed-price contract caused it to be unenforceable because of the 70% market price increase just before the goods were delivered to the buyer. While the seller requested for renegotiation, for a higher contract price, the buyer refused to come to terms with the former. The court, by virtue of the United Nations sales law, held that renegotiation was the appropriate remedy in such a situation. In addition, the paper tests the different possible outcomes of this decision under the English Sale of Goods Act 1979, as well as the US Uniform Commercial Code. The finding of this test proves that these two sales laws would have tackled the issue of volatile market differently from that of the United Nations’. Articolul 19 - Principle of progressive (gradual) use of contractual remediesRezumat In this study, we intend to answer to the question whether, in the modern contract law, in general, and in Romanian contract law, in particular, the creditor may resort almost discretionary to remedies (contractual sanctions such as termination, rescission) without being opposed that he should have resorted to other more appropriate remedies. Articolul 20 - Evolving legal framework of corporate governance in India – issues and challengesRezumat Investors now started considering corporate governance as very essential factor before investment especially in view of the unstable environment in the securities market. It is considered that good corporate governance inspires, strengthens and maintains investor’s confidence by ensuring company’s commitment to higher growth and profits. Corporate Governance has become a major concern for global economies particularly the transition world. Sound corporate governance is extremely important for transition economies for creation of the key institutions, the private corporations, which drive the successful economic transformation to a market based economy, effective allocation of capital and development of financial markets, attracting foreign investment and making a contribution to the process of national development. The Corporate Governance issue has emerged primarily because of the growing importance of corporations in the national economies and their interaction with the international agencies and institutions. This paper presents the current scenario of corporate governance in India, the evolving legal framework and identified the major issues and challenges that need to be addressed to implement an effective system of corporate governance in India. Articolul 21 - The role of technical expertise in judicial probation work in Romania and in the comparative lawRezumat Technical expertise is a research, interpretation and elucidation of situations actually using scientific data. Starting with a brief history of the sample with technical expertise, this paper details the role of information and scientific capacity of technical expert / specialist in explaining and arguing circumstances which have led to a state of affairs which belongs to civil or criminal. The author highlights the multitude of problems whose nature is beyond the concern of a science, expertise gained interdisciplinary - called complex expertise examination. |
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