Revista editata de:
Editura ASE
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

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CONFERINŢA INTERNAŢIONALĂ
PERSPECTIVE ALE DREPTULUI AFACERILOR ÎN MILENIUL AL TREILEA
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GLOBAL ECONOMICS AND GOVERNANCE
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Editura ASE
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JURIDICE.ro
www.juridice.ro
abonamente
 

Articol 1 - Arbitration’s perspectives in the light of European Union regulations

Rezumat

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 responsibility

Rezumat

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 communication

Rezumat

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 operators

Rezumat

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 Romania

Rezumat

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.
In the doctrine, there are several opinions according to which bicameralism is preferred to unicameralism, because the two Houses provide increased safety, as the concentration of legislative power in one place could be both dangerous and, often, unjustified. But the two Chambers should not be similar, as this would not serve their guaranteeing purpose. Furthermore, bicameralism consolidates the balance and solidity of democratic regimes, providing a better separation of powers.
Cuvinte-cheie: Parliament, bicameralism, unicameralism, competences, representativity, constitutional changes.
Clasificare JEL: K30



Articol 7 - La crise de la présomption d’innocence: regard croisé sur la procédure pénale camerounaise et de la Cour pénale internationale

Rezumat

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.
Cuvinte-cheie: innocent – presumed innocent – presumed guilty– guilty or innocent
Clasificare JEL: K14, K33, K40



Articol 8 - Legal regime of lobby activities. A comparative view

Rezumat

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.
The interest groups are pursuing their goals in the political arena by lobbying, or attempting to influence policy-making, are consistent with the spirit of democracy.
In practice, interest group influence can sometimes lead to political corruption, the inequality of representation, and the overcrowding of political institutions.
As a consequence, some political systems find it appropriate to regulate interest representation.
Cuvinte-cheie: interest groups, lobby, regulation, democracy, political systems
Clasificare JEL: K30, K40



Articolul 9 - Disinherintance in the vision of the new Romanian Civil Code

Rezumat

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.
Cuvinte-cheie: will, forced heirs, disinheritance, disownment, limits of disinheritance
Clasificare JEL: K11


Articolul 10 - Principles of law applicable to the arbitration proceedings

Rezumat

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.
This contractual freedom of parties is protected, but also limited by a number of principles of law which the legislator deems essential to a right judgment, either in court or in arbitration.
The study objectives are the following: to identify the principles of law applicable to the arbitral procedure and their implementation.
To achieve those objectives it is used the method of analysis and synthesis, the comparative method, the historical-legal method, the sociological method, the dialectical method and the systematic method.
Combining theoretical and practical issues, the work will be of great use to the research, higher education, but not least, and to the practitioners.
Cuvinte-cheie: principles of law, arbitration, arbitral proceedings; Romanian Code of Civil Procedure, international conventions.
Clasificare JEL: K41


Articolul 11 - European Union rules in the matter of dismissal of employees

Rezumat

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.
Cuvinte-cheie: worker, contract, collective redundancy, Community law
Clasificare JEL: K31, K33


Articolul 12 - Tributes imposed on tourists as a new-old source of local governments income

Rezumat

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.
Cuvinte-cheie: tax; fee; tribute; tourist; European states.
Clasificare JEL: K34


Articolul 13 - The normative of the European Commission for liberal professions  and business environment

Rezumat

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.
The liberal professions are a component of every democratic community and a significant potential to increase employment and gross domestic product of each countryGDP. In this thesis we have presented the normative of the European Commission for liberal professions, their service offering, organization of the work, supervision and ensuring the quality of competent state institutions.
The unitary concept of "liberal professions" in some EU member countries is not used, but the system of the respective professions with their social problems and their solutions can be found in every EU country. 
Liberal professions even though many states have evolved and now they have an important role in the classification of the professions, however in many developed countries still encounter these professions as closed systems, to maintain great privileges for its members in order modern efforts to increase competition in these sectors have faced serious resistance. 
Recently, the limitations in this field have been increasingly criticized for their consequences anti corruption related and lack of legitimacy of the European Commission, namely the Organization for Economic Cooperation and Development -OECD.
On the base of group work, the Commission has highlighted specific lines of acting in favor of convenient entrepreneurial ambient for them who perform liberal professions in the above mentioned fields.
The Examination of the concerned issue will be based on a multi-dimensional approach, using all typical methods of judicial, social researches, especially will be used the comparative, analytical, statistical, normative methods, based on the literature relevant to the subject, and other judicial acts.


Cuvinte-cheie: liberal professions, European Commission, The normative of the UE, business environment, potential
Clasificare JEL: K20, K33


Articolul 14 - Rules on the conflict of laws in the matter of succession in Romanian private international law

Rezumat

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).
At present, the Civil Code establishes, as a rule of principle, that inheritance is subject to the law of the state on whose territory the deceased had habitual residence at the time of death. Thus, in the new legal regulation, the Romanian legislator considered, on the one hand, the Hague Conventions in this matter, and on the other hand, European Union law.
In this article I analyzed the law applicable to inheritance in Romanian private international law, namely the law applicable to wills. Likewise, I conducted a comparative study with the legislation of other states in this matter.
As regards the domain of application of the law on inheritance in Romanian private international law, I presented the aspects governed by art. 2636 of the Civil Code..
Cuvinte-cheie: rule on the conflict of laws, conflict of laws, inheritance, will, lex succesionis.
Clasificare JEL: K11, K33


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 justice

Rezumat

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.
The aim of this study is to describe the institutional steps taken from Albanian Government in administrative justice evolution, enormous differences between the administrative law before and after 1990, and the impact of European Court of Justice case law and EU law in the Albanian legal reforms in administrative justice.
By analyzing the development of the administrative law in Albania is highlighted that the factors which influenced the transformation processes of this branch of law are the level of political culture, the heritage of the paste and the European Union , which has long been engaged in direct support for the modernization of public administration in Albania .
In conclusion studying and analyzing the recent reform undertaken in the establishment of administrative court in Albania is necessary to make an evaluation of the impact of this reform in amending the legal framework for administrative procedures and adoption of a new Code of Administrative Procedure..
Cuvinte-cheie: administrative justice, administrative court, Reform, judge, Code on Administrative Procedures, evolution, protection.
Clasificare JEL: K23, K33


Articolul 16 - Aspects pertaining to the legal regime of Presidential decrees in Romania

Rezumat

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.
Cuvinte-cheie: presidential decree, administrative act, constitutional review, administrative litigation.
Clasificare JEL: K23


Articolul 17 - European Commission initiatives to promote the general interest of the European Union

Rezumat

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.
Cuvinte-cheie: European Commission, European Union, the Treaty on European Union (TEU), the Treaty on the Functioning of the European Union (TFEU).
Clasificare JEL: K33


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 1980

Rezumat

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’.
Cuvinte-cheie: CISG, fluctuation, renegotiation, fixed-price.
Clasificare JEL: K12, K 22, K33


Articolul 19 - Principle of progressive (gradual) use of contractual remedies

Rezumat

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.
In order to answer to this question, we find it extremely useful to define the term of contractual remedy and to analyse the correlation of this principle with other principles of modern contract law.
Also, last but not least, we intend to define the principle of progressive (gradual) use of the contractual remedies and to detail the vocation (legal nature) of this principle in the modern contract law, having as starting point the provisions of the new Romanian Civil Code.
Cuvinte-cheie: principle of progressive (gradual) use of the contractual remedies, modern contract law, contractual remedy, new Romanian Civil Code.
Clasificare JEL: K12


Articolul 20 - Evolving legal framework of corporate governance in India – issues and challenges

Rezumat

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.
Cuvinte-cheie: Corporate Governance, Ownership, Control, Board of Directors
Clasificare JEL: K22, K23


Articolul 21 - The role of technical expertise in judicial probation work in Romania and in the comparative law

Rezumat

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.
Cuvinte-cheie: technical expertise, research, complex expertise examination, role of technical expert.
Clasificare JEL: K41


 

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