161 results
Search Results
2. THE IMPACT OF TAX INCENTIVES ON THE PERFORMANCE OF THE CONSTRUCTION SECTOR IN THE CONTEXT OF THE COVID-19 PANDEMIC.
- Author
-
GRIGORE, Maria Zenovia and UȚĂ, Iuliana
- Subjects
TAX incentives ,CONSTRUCTION industry ,COVID-19 pandemic ,MACROECONOMICS - Abstract
The construction sector plays a key role in the economic development of a country, providing not only essential infrastructure, but also many jobs. In this context, the Romanian government has implemented in 2019 a series of fiscal measures aimed at stimulating growth and ensuring the financial sustainability of this crucial segment. The objective of this paper is to establish whether wage tax reductions for construction employees have contributed to economic growth, whether these tax incentives have provided the necessary support for the pursuit of the construction sector business during the Covid-19 pandemic and to what extent the managers of companies in this sector have been able to protect and even develop their business under these conditions. Macroeconomic analysis of the construction sector in Romania based on data provided by the National Institute of Statistics shows that these tax incentives have had a positive impact on the activity of construction companies. Annual increases in turnover, average number of employees and number of companies in the construction sector have occurred in each year of application of the tax facilities, although the COVID-19 pandemic slowed down the pace of growth in 2020 and 2021. Even though many firms closed down or became insolvent due to the pandemic in 2020 and 2021, the construction sector in Romania generated the highest share of Gross Value Added (GVA) compared to the rest of the EU in 2022. The analysis carried out in the second part of this paper focused on the financial performance of five companies in the specialised construction sector (NACE code 4399) and showed significant increases in profitability and labour productivity in the period 2019-2022. The managers of these companies took full advantage of the tax facilities and managed to develop their business during this period, securing a stable position in the Romanian construction market. [ABSTRACT FROM AUTHOR]
- Published
- 2024
3. ECONOMIC IMPACT OF THE CORONAVIRUS CRISIS ON THE CONSTRUCTION SECTOR IN ROMANIA.
- Author
-
GRIGORE, Maria-Zenovia and BÎZNĂ, Camelia
- Subjects
COVID-19 pandemic ,CONSTRUCTION industry ,GROSS value added (Economics) ,ECONOMIC impact analysis - Abstract
The construction sector has been marked in the recent years by unforeseen events that have changed the plans of many companies in this sector. This paper examines the evolution of this sector before, during and after the SARS-COV2 pandemic. The aim of this paper is to highlight how construction companies have managed their business with the threat of the pandemic crisis. The method used is a comparative analysis from 2015 to 2022 inclusively, so that we can observe the stage of development of firms operating in the construction sector precursor to the pandemic, and the effects it has had. For the period 2019-2022, we have also analyzed the impact of the increase in the minimum wage and of the tax facilities for construction employees on the development of the construction industry. Among the indicators analyzed are the gross value added of the construction sector, the volume of construction work by structural elements, net investment, and construction cost growth. The study highlights the extent to which the construction sector has been affected by the pandemic crisis, but also the factors that could lead to the development of this sector. [ABSTRACT FROM AUTHOR]
- Published
- 2023
4. ISSUES AND ACHIEVEMENTS REGARDING THE STRATEGY OF INCREASING THE PROCESS OF ROMANIA’S SUSTAINABLE DEVELOPMENT STRATEGY.
- Author
-
BRĂGARU, Constantin
- Subjects
SUSTAINABLE development ,HUMAN capital ,EMPLOYMENT - Abstract
In the last years local development has undeniably become one of the dominant elements for productivity growth strategy employment, human welfare, entrepreneurship promotion, obtaining human capital and income increase. Assuring sustainable development for a specific region is a complex process in the measure in which this process is subjected to some factors which cannot be controlled by a local, regional, or national administration. The entire post-revolution and post-accession experience, cumulate with good policy making transferred by Romania to European Union, proves that private public partnership is a viable solution for successfully solving some communitarian problems, public interests starting with social services and complex social-economic development projects including infrastructure projects. The present paper focuses on sustainable development and the specific objectives that Romania intends to achieve in order to reach a new model of development that is capable of generating high value added, is interested in knowledge and innovation, and aims to improve the quality of life in harmony with the natural environment. The paper also analyses the process of local development that Romania started in 2000 with the financial support of United Nations Development Programme - “Romania within the framework of Local Agenda 21” and continued within Regional Operational Programme 2007-2013 and now,2020-2030 Sustainable development strategy. [ABSTRACT FROM AUTHOR]
- Published
- 2023
5. CHALLENGES OF ECOLOGICAL MODERNIZATION IN EU'S EASTERN PERIPHERY. THE CASE OF ROMANIA.
- Author
-
NICOLESCU, Valentin Quintus and NEAGA, Diana Elena
- Subjects
CLIMATE change ,DEVELOPED countries ,INFRASTRUCTURE (Economics) - Abstract
The need for urgent actions regarding the worsening climate crisis has been stressed over and over again through campaigns, reports, international conferences and treaties regarding climate, there are various discussions regarding the best ways to mitigate the crisis and strategic actions are taken at various levels, from local to national and international. But unfortunately, there is still not a clear and cohesive effort to address the climate crisis at a global level, and therefore the many local and national initiatives have little impact in terms of decreasing or reversing the effects of climate change. Thus, one can note that the different approaches to the climate issue by various states are shaped by their particular economic and infrastructural development. In this respect, we can understand the climate action not as a sort of a reductionist policy in relation to the classic coal and petroleum-based economy, but as a strategy of ecological modernization. From this perspective we are asking what are the challenges of ecological modernization for a particular category of states - the postcommunist periphery of the European Union, such is the case of Romania, which is, alongside Bulgaria, one of the least developed countries amongst the post-communist camp. We will try to explore the way in which Romania is trying to shape its 21st century strategy for eco-modernization and how, at the same time, it's trying to fall in line with the European requirements that the EU assumed as a part of the Paris Agreement and through the European Green Deal. Therefore, in our paper we are trying to answer the following questions: how is Romania dealing with its post-communist industrial past in terms of eliminating sources of pollution, switching to sustainable energy and designing public policies aimed to engender a greener economy? What is the role the Eu should play in relation to its less developed members? We are planning to address the above mentioned questions by using Joseph Huber's theoretical framing of the concept of ecological modernization, and also Martin Jänicke's approach to the concept to provide a better understanding of the challenges faced by Romania in its struggle to tackle the climate crisis, and of the ways in which these can be successfully mitigated by the Romanian authorities. [ABSTRACT FROM AUTHOR]
- Published
- 2024
6. INITIAL TEACHER EDUCATION IN ROMANIA - OVERCOMING OR SUCCUMBING TO PAST WEAKNESSES AND THREATS?
- Author
-
POPA, Oana-Rica and BUCUR, Norica-Felicia
- Subjects
TEACHER education ,MASTER'S degree ,EDUCATIONAL change ,SCHOOL inspectors (Educational quality) - Abstract
In the light of the new Education Act dedicated to preuniversity education that came into force in Romania in 2023, prospective teachers are to be offered two alternative pathways to enter their profession: a twelvemonth or eighteen-month master's degree. Timewise, those determined to embrace the teaching career will have to comply with these provisions starting with the 2027-2028 school year. Considering these specific regulations belonging to the recent legal framework governing education in Romania, our paper aims at investigating the advantages and disadvantages of the options given to future teachers, so as to tentatively predict whether past obstacles might be overcome. By briefly outlining both the tendencies and realities of initial teacher education at international and European levels and by presenting the evolution of initial teacher education in Romania in the post-communist era, we lay the basis for our small-scale investigation. The responses of our interviewees (school inspectors, school principals, experienced teachers, academics) point not only to the imminent threats and inherent weaknesses, but also to the long-term prospects of this educational reform, as professionalising the teaching industry advances the profession as a whole and goes a long way to create better opportunities for student success. [ABSTRACT FROM AUTHOR]
- Published
- 2024
7. EXPLORING CRYPTOCURRENCY ADOPTION TRENDS IN EUROPE: A COMPARATIVE ANALYSIS OF GERMANY, FRANCE, AND ROMANIA.
- Author
-
CRISTEA, Valentin Gabriel
- Subjects
CRYPTOCURRENCY exchanges ,COMPARATIVE studies ,ONLINE banking - Abstract
Cryptocurrencies have emerged as a significant innovation in the financial landscape, with their adoption varying across different regions. This paper investigates the adoption trends of cryptocurrencies in three European countries: Germany, France, and Romania. By examining regulatory frameworks, public sentiment, and market dynamics, we aim to provide insights into the factors influencing cryptocurrency adoption in these nations. Furthermore, we explore the relationship between digital banks and cryptocurrencies, analysing the potential synergies and challenges associated with their integration. Finally, we offer future projections and suggest areas for further research to better understand the evolving landscape of cryptocurrencies in Europe. The motivation for studying cryptocurrency adoption in Europe stems from the region's diverse regulatory frameworks, cultural attitudes, and economic landscapes. Understanding the dynamics of cryptocurrency adoption in specific European countries can provide valuable insights into the broader trends shaping the future of finance. Moreover, as digital banking continues to gain prominence, exploring the intersection between digital banks and cryptocurrencies becomes imperative. The regulatory frameworks surrounding cryptocurrencies in Germany, France, and Romania exemplify the diverse approaches adopted by European countries in response to the emergence of digital assets. While Germany and France have made significant strides in implementing comprehensive regulatory frameworks, Romania's regulatory landscape remains in the early stages of development. [ABSTRACT FROM AUTHOR]
- Published
- 2024
8. EU GEOGRAPHICAL INDICATIONS FOR CRAFT AND INDUSTRIAL PRODUCTS. A COMPARATIVE LOOK AT GEOGRAPHICAL INDICATIONS FOR OTHER TYPES OF PRODUCTS.
- Author
-
BUDILEANU, Cristiana
- Subjects
OVERPRODUCTION ,TRADEMARKS ,AGRICULTURAL productivity - Abstract
The geographical indications are part of the intellectual property system, and their importance was proven over time both from consumer protection point of view, but also from business point of view. Since almost the end of 2023 we have a new EU Regulation which regulates the GIs for craft and industrial products at EU level and this paper is proposing to present the final legal framework and the provisions implemented regarding the products that will be object of the protection, the registration, opposition and cancellation procedures, the actions against which the registered GIs are protected, the new role of the EUIPO and other novelty aspects in comparison with (1) the legal provisions under the proposal of the EU Regulation, (2) the existing GIs for other types of products and with (3) the new proposal for GIs for wine, spirit drinks and agricultural products. [ABSTRACT FROM AUTHOR]
- Published
- 2024
9. CIVIL LIABILITY FOR PUBLIC COMMUNICATION UNDER CURRENT ROMANIAN REGULATIONS.
- Author
-
DINCĂ, Andrei-Radu
- Subjects
CIVIL liability ,PUBLIC communication ,EUROPEAN Convention on Human Rights - Abstract
Freedom of the press does not exclude the obligation of journalists to cover the damages created by their materials, especially by exceeding the freedom of speech. Nevertheless, holding someone liable for exercising a fundamental right is not always as simple as mere tort liability. Under Romanian regulations, the journalist will have to cover the damages only if his work can be qualified as an illicit act, or an illegal content. Alongside an introduction, the paper will consist of three parts: 1. general provisions for the liability of the journalist under national provision, 2. special provisions regarding liability according to Romanian law, by reference to International law, namely, the European Convention on Human Rights and 3. Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act - DSA). This article aims to identify the particularities of journalist liability or of another person who makes a public communication, in order to remedy the deficiencies of the current regulation. [ABSTRACT FROM AUTHOR]
- Published
- 2024
10. THE CHALLENGES AND DILEMMAS OF PhD STUDENTS IN DOCTORAL RESEARCH.
- Author
-
RADU, Bianca Elena
- Subjects
DOCTORAL students ,TRANSITIONAL justice ,CRIMINAL reparations ,INTERNATIONAL law - Abstract
This study aims to analyse, through a transitional justice approach, the reparations granted by the Romanian state to the victims of the communist regime. The paper will examine the role of reparations in transitional justice programs, the main sources of international law and legal doctrine regarding reparations, as well as the evolution of the Romanian legislation on compensations for the abuses caused by the communist dictatorship. Eventually, we will try to assess the significance of reparations for the legal order of Romania. The present paper intends to present a series of moral dilemmas that can be lived throughout the period in which PhD students are elaborating their PhD thesis. To this end, the first part of the paper, which is based on documentation, will present a series of nuances that are subtended by the concept of moral dilemma, offering a series of examples such as Plato's dilemma, the student's dilemma, as presented by Sartre or Sophie's dilemma. In the second part, the differences that exist between the evaluation grids proposed by ethical theories and the manner in which they can generate various types of moral dilemmas in the lived life of individuals will be mentioned. In the last part, examples of moral dilemmas that can be lived through by PhD students throughout their doctoral programme will be presented following direct observation and self-observation. [ABSTRACT FROM AUTHOR]
- Published
- 2022
11. OVERVIEW OF CRYPTO ASSETS FROM INTELLECTUAL PROPERTY PERSPECTIVE.
- Author
-
BUDILEANU, Cristiana
- Subjects
INTELLECTUAL property ,CRYPTOCURRENCIES ,BLOCKCHAINS ,PATENTS ,NON-fungible tokens - Abstract
Technology is now guiding our everyday life. Things that were created years ago and not used or used in a small manner gain popularity now. This is the case of blockchain technology which in the latest years becomes very popular. This technology started from the blockchain created for the cryptocurrency Bitcoin which also determined the creation of other cryptocurrencies. At the end of 2021, the cryptocurrency market worth over $ 2.2 trillion, many people investing in it. Cryptocurrencies are considered as „an example of digital innovation” I Cryptocurrencies are crypto assets that work on blockchain technology. However, they are not the only existing crypto assets, others gaining popularity in the last two years as we will see in this paper. In addition, blockchain technology is now reinvented to be used in many fields, other than the financial one and we will see some examples in this paper. The purpose of this paper is to present the relation of blockchain technology with crypto assets, how they interact and finally how do they fit in the current legal frame of intellectual property law, more precisely if they can be protected by intellectual property rights and what are the legal challenges they face. The analysis will take into consideration also the Romanian legal frame. [ABSTRACT FROM AUTHOR]
- Published
- 2022
12. THE CHALLENGES OF PROTECTING CONSUMER IN THE DISTANCE MARKETING OF FINANCIAL SERVICES DIRECTIVE.
- Author
-
CALU, Monica
- Subjects
FINANCIAL services industry ,CONSUMER protection ,DIGITAL technology - Abstract
The European Commission’s new rules presented in its Digital Finance Package at September 24, 2020, introduce much-needed improvements for the online retail financial services market which will strengthen consumer protection. However, additional new rules are needed in some key areas. On May 11, 2022, the EU Commission published a directive proposal amending Directive 2011/83/EU on consumer rights (the „Consumer Rights Directive″ – CRD) and repealing Directive 2002/65/EC concerning the distance marketing of consumer financial services. The European Commission’s legislative proposals are a very welcome step in the right direction to better protect consumers in the increasingly digital financial services market. While digitalisation brings opportunities for suppliers and consumers alike, it also brings a number of risks, making a proper regulation of the market necessary not only by updating it but strengthening consumers ’rights, by filling existing regulatory gaps in the online financial services market. Financial services are very different from other consumer goods and services covered by the CRD and therefore creating a specific chapter and rules for financial services is crucial. At the European level, there are numerous regulations across this area. The regulatory failure results first and foremost from the lack of adequate consumer protection standards and enforcement failings at Member State level. While the Commission's proposal brings key improvements, some much-needed measures are missing and their absence represents real challenges for effective consumer protection. This paper aims to show what are the aspects that need to be improved in the Commission's proposal and how to proceed in order to create a high level of protection and a fair financial services market, and each matter will be illustrated with examples from various Member States, including Romania how the gaps in current legislative framework have detrimental effects for consumers. [ABSTRACT FROM AUTHOR]
- Published
- 2023
13. WOMEN LEADERSHIP: CHARACTERISTICS AND PERCEPTIONS.
- Author
-
DOGARU-TULICĂ, Adina-Loredana
- Subjects
WOMEN leaders ,LIBERTY ,QUALITATIVE research ,FEMINISM - Abstract
Over the years women have won many fights during their road to emancipation. One of the main victories took place in the last decade when politics have become a won battle to the feminist representants. After more and more women began to occupy key positions in politics, administration, or the private environment, researchers were interested in the ways women lead. Scholars like Judy Rosener, Alice Eagly and colleagues, Catalyst or Carli have tried to find differences in leadership between women and men, but also the dominant characteristics of women leaders. Common views were that women are more concerned with the welfare of other people (helpful, sympathetic, nurturant etc), women lead in a more democratic and participative style than men and use relational skills to influence others, encourage participation, share power and information. The present research presents chronological references of women emancipation during the history, brings into discussion, according to the reviewed literature, gender differences in leadership, looks over women in leading position worldwide and makes some consideration about public leadership. This paper also highlights, through the focus-group qualitative research method, the main characteristics of women leaders in Romania, also trying to briefly describe how women politicians are perceived by the public. This paper is part of a wider research work that approaches the online communication of women political leaders. [ABSTRACT FROM AUTHOR]
- Published
- 2019
14. PROTECTION OF THE WASTE REGIME BY CRIMINAL LAW. ACTUAL SITUATION IN ROMANIA.
- Author
-
VERNEA, Andreea Oana
- Subjects
CRIMINAL law ,SELF-incrimination ,ENVIRONMENTAL protection ,WASTE management ,LEGAL sanctions - Abstract
In this paper, the author discusses the main weaknesses of the incrimination provided by article 63 of Romanian Law no.211/2011, regarding the waste regime, in its actual state, as a result of legislation changes that occurred repeatedly. The paper is structured in three parts. The first part indicates the most relevant legislation changes for article 63 of Romanian Law no.211/2011 since its entry into force. The second part identifies the inconsistencies of the actual version of the law, focusing mainly on the constitutive content of the crime, while the third part points out the main solutions to the deficiencies previously mentioned, alongside de lege ferenda proposals. [ABSTRACT FROM AUTHOR]
- Published
- 2019
15. SHORT ESSAY ON THE LEGAL EFFECTS OF SIMULATED CONTRACTS IN REGARD TO THIRD PARTIES.
- Author
-
DINESCU, Adrian-Gabriel
- Subjects
SIMULATION (Civil law) ,THIRD parties (Law) ,CONTRACTS ,LAW ,GOOD faith (Law) - Abstract
The simulation is a lie born out of the will of the parties to evade showing successors or third parties the truth. The Romanian legislation has a tolerant approach towards simulation, and permits it, in general. The New Civil Code does not sanction the mechanism of simulation with nullity, but offering the rather milder sanction of inopposability. This short paper will strive to give a short analysis on the effects of this simulation upon the third parties - the objective successors and the creditors of the parties. The New Civil Code has numerous stipulations in order to regulate these complex effects as to avoid harming the interests of these third parties who usually act in good faith and gain rights from the parties of the simulation. These parties should and are protected by law, exactly because they acted in good faith. The objective successor of the apparent acquisitor will be protected against the true will of the parties, as, in general this true will harms his interests. Also, this paper will analyze the special situation of the creditors of the apparent seller and of the apparent aquisitor, as their situation can vary according to the person they come into conflict with. [ABSTRACT FROM AUTHOR]
- Published
- 2019
16. DEFICIENCIES IN ENACTING ARTICLE 44 OF ROMANIAN LAW NO.111/1996 REGARDING THE SAFE DEPLOYMENT, REGULATION, AUTHORIZATION AND CONTROL OF NUCLEAR ACTIVITIES.
- Author
-
VERNEA, Sorin-Alexandru
- Subjects
LAW ,LEGAL judgments ,CONSTITUTIONAL courts ,NUCLEAR weapons ,SELF-incrimination - Abstract
In this paper, the author analyses the main practical issues that can be discussed when enacting the provisions of article 44 of Romanian Law no.111/1996 regarding the safe deployment regulation, authorization and control of nuclear activities. The paper is structured in two parts. The first aims at pointing out the particularities of the incrimination discussed, by reference to its constitutive content, and the second part adapts the mechanism of the Romanian Constitutional Court Decision no.405/2016 to the provision analyzed, in order to comply with the regulation of art.73, paragraph 3, letter h of the Romanian Constitution. The author concludes that the only effective way to prevent the deficiencies previously discussed is the intervention of the legislator, reason for which a de lege ferenda proposal has been made. [ABSTRACT FROM AUTHOR]
- Published
- 2019
17. FREEDOM OF THOUGHT, OPINION, AND RELIGIOUS BELIEFS IN THE CASE OF PERSONS DEPRIVED OF THEIR LIBERTY.
- Author
-
GEAMĂNU, Radu Florin
- Subjects
LIBERTY of conscience ,BELIEF & doubt ,EUROPEAN Convention on Human Rights ,JUDGE-made law ,LAW - Abstract
This paper deals with the issue of freedom of thought, opinion, and religious beliefs in the case of persons deprived of their liberty. The study has a first part which consists in a presentation of the international standards (United Nations, Council of Europe, European Union), followed by a presentation of the national standards (the freedom of thought, opinion, and religious beliefs being a fundamental freedom, prescribed by the Romanian Constitution). An analysis is made based on the European Convention of Human Rights and of the European Prison Rules, in relation with national legal framework, touching the essential aspects of the freedom of thought, opinion, and religious beliefs in the case of persons deprived of their liberty: the exercise of the freedom of conscience and opinions, as well as of the freedom of religious beliefs; organization of religious service in prisons; proportionality of the measures ordered by the penitentiary administration; the limits of exercising the freedom of conscience and opinions, as well as the freedom of religious beliefs. Further, the paper focuses on the main ECtHR judgements dealing with possible infringements of art. 9 from the European Convention, dealing with freedom of thought, opinion, and religious beliefs and then focuses on the national case law in this field. Concluding, the study attempts to asess the national legislation and case law pleading on taking into consideration the solutions rendered by the ECtHR in its judgments, which can and should be applied at national level, in order to ensure the uniformity of judicial practice. [ABSTRACT FROM AUTHOR]
- Published
- 2019
18. ON THE POSITIVE CORRELATION BETWEEN EDUCATION AND GDP IN ROMANIA.
- Author
-
TEODORESCU, Sandra
- Subjects
EDUCATION ,GROSS domestic product ,ECONOMIC development ,STATISTICAL correlation ,ROMANIAN economy - Abstract
The present paper is a part of a post-PhD research entitled Assessment on the impact of education on the macroeconomic development in Romania, as compared to other EU member states. The survey starts with a short overview on the history of education and macroeconomic development in Romania, starting from the 19
th century. The paper presents contextual data, indicators as well as the outcome of the research, conducted in order to identify and analyze the impact of education on the macroeconomic development in Romania. The study is based on linear regression models and, respectively, on double log regression models. The purpose is to analyze the relationship between a set of educational indicators as predictors and Gross Domestic Product as a dependent variable. [ABSTRACT FROM AUTHOR]- Published
- 2018
19. ANALYSIS OF REGIONAL MIGRATION DISPARITIES IN ROMANIA.
- Author
-
STROE, Andreea and ENACHE, Andreea-Oana
- Subjects
EMIGRATION & immigration ,GROSS domestic product ,REGRESSION analysis ,GLOBALIZATION - Abstract
Migration is a complex phenomenon, highly studied globally. Thus, the analysis of the population mobility process is performed using an interdisciplinary approach, with strong links in sociology, history, economics, geography, demography and even psychology. All disciplines involved in the analysis of the phenomenon target different aspects of population migration, define the decision underlying the migration of individuals and build the image of the impact that the phenomenon has on the actors involved. Emigration and immigration became important aspects of the Romanian society in the last decade. The present paper focuses on the regional migration phenomenon in Romania, between 1991 and 2019. The objective of the research is to characterize from a quantitative point of view the migration flows in and from Romania. Moreover, ARDL models are used to analyse the impact of the GDP in the migration decision. This analysis highlighted the fact that people who decide to emigrate are from all age groups and their decision is based on socio-economic considerations, these categories being attracted by well-paid jobs. The link between the number of emigrants and the evolution of GDP in Romania made with the help of a regression equation, which showed that there is a weak link between these variables, confirms once again that the evolution of gross domestic product did not change the decision of emigration to Romania. [ABSTRACT FROM AUTHOR]
- Published
- 2022
20. THE REMOVAL FROM OFFICE OF THE PRESIDENT OF ONE OF THE CHAMBERS OF THE ROMANIAN PARLIAMENT BETWEEN OPPORTUNITY AND NECESSITY. REFLECTIONS ON THE CCR DECISION NO. 17 OF JANUARY 26, 2022.
- Author
-
STAN, Gheorghe and TITIRIŞCĂ, Cristina
- Subjects
CONSTITUTIONAL courts ,LAW reports, digests, etc. ,JUDGE-made law ,COMMON law - Abstract
In March 2022, a decision of the Romanian Constitutional Court was published in the Official Gazette of Romania, Part I, which brings to the attention of practitioners, but also of the general public, the issue of the removal from office of one of the Presidents of the two Chambers of Parliament. Such a removal is of particular interest in parliamentary life and beyond, and it has also been addressed in the case-law of the Constitutional Court since 2005. The present paper aims mainly to present the novelties of this decision, and, in the alternative, to show that only the Constitutional Court can draw the limits between which such a removal from office can take place, as it is the guarantor of the supremacy of the Constitution, a value provided by the Fundamental Law. [ABSTRACT FROM AUTHOR]
- Published
- 2022
21. COMPARATIVE ANALYSE OF VAT SYSTEMS IN THE NEW EU MEMBER STATES.
- Author
-
GRIGORE, Maria Zenovia and CĂLĂRĂŞANU, Adina Julieta
- Subjects
VALUE-added tax ,TAX exemption ,TAX rates - Abstract
The common system of value added tax plays an important role in the European single market, with VAT being a major source of revenue for Member States as well as for the EU budget. EU VAT legislation is constantly changing until a single EU VAT area is created. One of the most important objectives of the European Commission is to harmonise VAT rules in order to significantly reduce the €50 billion lost each year to VAT fraud in the EU, with the highest levels in the new Member States. Directive 2006/112/EC aims to apply common rules for Member States in the intra-Community area, while leaving each Member State free to decide, within certain limits, on the level of rates and ceilings, deductibility, time limits for declaration and payment, refunds, etc. The aim of the paper is to analyse the similarities and differences concerning VAT in the new Member States of the European Union. To this end, standard and reduced VAT rates, exemption thresholds for small businesses, the share of VAT in GDP and the VAT Gap in these countries are highlighted. The results of the study are a starting point for identifying the most appropriate solutions to improve VAT collection in Romania and the other EU-13 Member States. [ABSTRACT FROM AUTHOR]
- Published
- 2022
22. RESEARCH-DEVELOPMENT AND INNOVATION IN ROMANIA BETWEEN REALITY AND IMPROVEMENT SOLUTIONS.
- Author
-
TEODORESCU, Sandra, TOCAN, Mădălina, and CHINDRIŞ-VĂSIOIU, Oana
- Subjects
ECONOMIC development ,WORK environment ,FINANCIAL crises - Abstract
Research and innovation contribute to economic growth and, thus, to better living and working conditions in the European Union. For this reason, research and innovation are an important part of policies by which the European Commission seeks to stimulate employment, growth and investment. Research and innovation provide us with the knowledge and solutions we need for urgent problems, such as epidemics or socio-economic crises, but also for long-term societal challenges, such as transport, climate change or energy. For this reason, this paper attempts to present the current state of research and development in Romania and also to analyze the level of correlation between the activity of research and development and economic performance of Romania. [ABSTRACT FROM AUTHOR]
- Published
- 2022
23. LEVERS FOR THE MACROSTABILIZATION OF ECONOMY AVAILABLE TO THE MONETARY AUTHORITY AND ACTUAL MEASURES ADOPTED IN THE CONTEXT OF THE COVID-19 PANDEMIC.
- Author
-
RĂDOI, Mădălina and PANAIT, Nicoleta
- Subjects
COVID-19 pandemic ,TRAVEL restrictions ,PUBLIC finance ,MONETARY policy - Abstract
Measures taken by states, in the context of epidemiological situation, to reduce the effects of the health crisis have been severe, the most important being stopping non-essential activities, restricting travel and banning travel to and from certain countries and causing shocks in production and distribution chains, but also a sharp contraction in demand for a wide range of goods and services. Given the difficult economic context created by the COVID-19 pandemic, which impacted both the national and global economy, one of the objectives adopted by the Romanian monetary authority in the first half of 2020 was to maintain the stability and liquidity of the banking system for proper functioning of public finance and the real economy. As a state of emergency was declared as of March 16 2020, and considering that the main fiscal response in Romania came from the national budget, the NBR collaborated with the Government in order to avoid a potential conflict between government measures and fiscal measures. One of the unconventional measures "quantitative easing" which involves the basic injection of money into the market in exchange for various financial assets was used by the monetary authorities, including in emerging economies, such as NBR. This paper focuses on the measures and effectiveness of the monetary policy of the national monetary authority in order to reduce the negative effects of the crisis caused by the COVID-19 pandemic. [ABSTRACT FROM AUTHOR]
- Published
- 2022
24. THE NOTION OF TERRORISM IN ROMANIAN CRIMINAL LAW.
- Author
-
OLĂNESCU, Sandra Sophie-Elise
- Subjects
TERRORISM ,CRIMINAL law ,HUMANITY ,NATIONAL security - Abstract
Terrorism is a complex phenomenon which describes some of the most serious criminal acts facing humanity, through the degree of social danger, the purpose and impact of its reprehensible consequences, both in terms of the territory affected and of the manner and means of its perpetration, as well as the significant number of potential/concrete victims. The contradictorily nature of terrorism, as an antisocial activity that disrupts national security, public order and peace, including the rudimentary normal life of various human communities -- as a precursor to organized, state-type society -- has put the conception of this destructive human behavior at the forefront of research. Thus, the difficulty of defining and conceptual boundary of terrorism from other prohibited acts is, in part, in various ideological interpretations, the current predisposition of political/state actors to give, when referred to, a diabolic connotation that increases the ambiguity and unclarity of this process. Romania has not been a stranger to normative proposals or formal provisions that prohibit criminal offenses that are currently legally classified as acts of terrorism, in which sense such acts have been regulated and punished since the second half of the 19th century. The purpose of this paper is to analyze the Romanian legal precursors of criminal rules banning and sanctioning terrorist offenses, to observe their beginnings, evolution, and any gaps or irregularities that may be corrected in the future. [ABSTRACT FROM AUTHOR]
- Published
- 2022
25. ONLINE EDUCATION – IMPROVISATION OR INNOVATION.
- Author
-
BUCUR, Norica Felicia and POPA, Oana Rica
- Subjects
ONLINE education ,TECHNOLOGICAL innovations ,STAKEHOLDERS ,EDUCATIONAL standards - Abstract
Online education has been widely available since the internet started to play an important part in everybody’s life and its benefits for all stakeholders are unquestionable. Since the pandemic struck, online education has become the watchword for an audience wider than the one envisaged before, as, at all levels, be they primary, secondary or tertiary, teachers, students and parents have pinned all their hopes on it, expecting it to be the appropriate solution, so that educational standards could be kept at least at a minimum/ satisfactory level. But, were they ready to turn to this somewhat new teaching and learning paradigm? Did they have the necessary digital skills? Could they successfully adapt to a whole new approach? Considering that online teaching has been more or less exclusive in most parts in Romania for the last two semesters in primary and secondary education, our paper aims to tentatively answer these questions from the teachers’ perspective, by pointing to both the positive and negative aspects entailed by this unforeseen situation which does not seem to end any time too soon. Even if our investigation is limited to a relatively small number of primary and secondary school educators from only one county of Romania, our conclusions might shed some light on the challenges that these specific actors have had to deal with so far, given the circumstances. Moreover, we might also be able to indicate whether the balance was tipped in favour of improvisation or innovation for those willing to participate in our survey. [ABSTRACT FROM AUTHOR]
- Published
- 2021
26. GRADUATES AND THE LABOR MARKET DEFICIT IN THE ROMANIAN HEALTH SECTOR.
- Author
-
VASILE, Valentina, BUNDUCHI, Elena, BOBOC, Cristina, and VASILE, Răzvan
- Subjects
LABOR market ,MEDICAL personnel ,GRADUATES ,INCOME - Abstract
The main directions of the migratory flow of health specialists are towards more developed countries. Around 1/3 of Romanian health professions graduates are working abroad while the national health system faced with a chronic shortage of staff. The paper highlighted the fact that the increase in the number of graduates in recent decades did not ensure coverage of the deficit, because only a small part of them remain on the Romanian labor market, the motivation of migration being much higher income, lack of equipment and low level of transfer technological as well as working conditions. The lack of an integrated and realistic national plan for health care reform runs counter to developed countries' measures to attract and hire migrant physicians, and rapid integration facilities for new jobs promoted during the pandemic have kept the migration alternative as a solid alternative for graduates to pursue and progress in their careers abroad. [ABSTRACT FROM AUTHOR]
- Published
- 2021
27. INCREASED PLASTIC WASTE POLLUTION OF FRESHWATER RESOURCES – DO WE HAVE THE APPROPRIATE LEGAL FRAMEWORK TO ADDRESS IT?
- Author
-
MIC, Stelian-Mihai and MIC-SOARE, Cristiana
- Subjects
PLASTIC scrap ,FRESH water ,WATER pollution ,WASTE management - Abstract
It is widely known and demonstrated that plastic waste pollution is a significant factor contributing to the deterioration of the worldwide freshwater resources. In close relation to this is also the marine and oceanic pollution, which is influenced, among other, by the pollution of the freshwater resources which discharge into the seas and oceans. On top of that comes the latest research, which shows that plastic waste pollution is predicted to exceed the efforts to mitigate such pollution with reference to the year 2030. In such context, we find that it is important to determine, from a legal standpoint, if and how the currently applicable Romanian legal framework is capable to address and contribute to the mitigating mechanisms against freshwater pollution by plastic waste. First, this paper undertakes to briefly discuss the latest findings related to the plastic waste pollution of freshwater resources. Second, we will analyse the most important and relevant legal provisions in the field of water protection against pollution with plastic waste, on one hand, and in the field of (plastic) waste management, on the other hand. Third, we will try to determine if and how they can be seen as establishing a coherent and integrative legal framework, capable of addressing the above-mentioned issues. Last but not least, we will present the conclusions of our study and potential areas of improvement of the applicable legal provisions in Romania in relation to pollution of freshwater resources by (plastic) waste. [ABSTRACT FROM AUTHOR]
- Published
- 2021
28. THE LEGAL REGIME OF INTERNATIONAL SANCTIONS IN ROMANIA.
- Author
-
COROBANĂ, Adrian
- Subjects
INTERNATIONAL sanctions ,LAW reports, digests, etc. - Abstract
This article analyzes the legal framework through which the Romanian state implements, in concrete terms, at national level, the acts with binding legal force of the United Nations and the European Union through which international sanctions are established. The paper focuses mainly on the interpretation of Romanian legal norms governing the legal regime of the application of international sanctions on the territory of Romania. In this sense, as a research methodology are used the systematic method and the historical method of interpreting the legal norms regarding the application of international sanctions in Romania. The research shows that the Romanian legislator is in line with the international trend to increase the effectiveness of targeted sanctions by regulating the way in which they are implemented on the national territory international sanctions established at the level of the United Nations or at the level of European Union. [ABSTRACT FROM AUTHOR]
- Published
- 2021
29. THE EUROPEANIZATION OF THE NATIONAL POLITICAL PARTIES THROUGH THE GENDER COMPONENT. CASE-STUDY: THE SOCIAL DEMOCRATIC PARTY IN ROMANIA'S 2014 EUROPEAN ELECTIONS.
- Author
-
DODI, Ioana Antoaneta
- Subjects
POLITICAL parties ,EUROPEANIZATION ,POLITICAL participation - Abstract
The aim of this paper is to analyse if the national political parties experience an Europeanization process through the harmonization of their principles and practice with the ones of the European political groups they are part of. In this regard, I shall use the gender dimension as an Europeanization factor. I choose the Social Democratic Party as a case study because it is the biggest left party in Romania, because it is affiliated to the Group of the Progressive Alliance of Socialists & Democrats (the second biggest political group in the European Parliament) Parliament and because of the ideological premises that a left party would encourage the increase of women's political participation. The analytical approach will be focused on if and how the Social-Democratic Party's political behaviour regarding women's access to political participation changes when it interacts with the Group of the Progressive Alliance of Socialists & Democrats. More precisely, I shall correlate the ideological position of the Social-Democratic Party, its political behaviour when it comes to elections at the national level, on one hand, and European elections, on the other hand. The main elements of the case study will be the gender dimension of the selection process for the party's candidates for the elections and of the professionalization of the proposed candidates. The theoretical framework of the paper is represented by political representation theories and the ones regarding the Europeanization of political parties. [ABSTRACT FROM AUTHOR]
- Published
- 2015
30. THE EUROPEANIZATION OF THE NATIONAL POLITICAL PARTIES THROUGH THE GENDER COMPONENT. CASE-STUDY: THE DEMOCRATIC LIBERAL PARTY IN ROMANIA'S 2014 EUROPEAN ELECTIONS.
- Author
-
DODI, Ioana Antoaneta
- Subjects
EUROPEANIZATION ,POLITICAL parties ,ELECTIONS - Abstract
The aim of this paper is to analyse if the national political parties experience an Europeanization process through the harmonization of their principles and practice with the ones of the European political groups they are part of. In this regard, I shall use the gender dimension as an Europeanization factor. I choose the Democratic Liberal Party as a case study because it is the biggest right party in Romania, because it is affiliated to the Group of the European People's Party (the biggest political group in the European Parliament) and because of the ideological premises that a right party would be reluctant to change and to the increase of women's political participation. An interesting aspect is also the merge of the DLP with the National Liberal Party just after the closing of the 2014 European elections. The analytical approach will be focused on if and how the Democratic Liberal Party's political behaviour regarding women's access to political participation changes when it interacts with the Group of the European People's Party. More precisely, I shall correlate the ideological position of the Democratic Liberal Party, its political behaviour when it comes to elections at the national level, on one hand, and European elections, on the other hand. The main elements of the case study will be the gender dimension of the selection process for the party's candidates for the elections and of the professionalization of the proposed candidates. The theoretical framework of the paper is represented by political representation theories and the ones regarding the Europeanization of political parties. [ABSTRACT FROM AUTHOR]
- Published
- 2015
31. POLITICAL PARTICIPATION OF WOMEN IN ROMANIA - A BOTTOM-UP APPROACH.
- Author
-
NEAGA, Diana Elena
- Subjects
POLITICAL participation ,COMMUNITY relations ,COMMUNITY involvement ,POLITICAL community ,POLITICAL movements - Abstract
In Romania the access of women to political decision making remains very low (around 10% women in Parliament). The main arguments used to explain this state of affairs are the following: the communist feminism (a contradiction in terms) which impose total obedience towards the state and a completely false and forced political empowerment of women which led to an arduous reverse after 1989 (Miroiu 2004;Vinkze 2006); the transition anti-socialist speech that militated in favor of the return to normality, understood as traditional patriarchy (Rueschemeyer, 1994), the gender-developed inequities of transition (Vincze 2006; Miroiu 2004, 2007); the lack of time as a citizenship resource (the double burden) (Lister, 2003). Even tough, what meanings do women attach to their status of citizens and how do they take part at political actions, in the context in which compelling structures, like patriarchy, the communist legacy and post-communist transition are overlapping their daily experiences, remains under studied in Romania. In order to fill this gap, in my paper I will present the result of a field work research (qualitative method interviews and focus-groups) focused on the way in which women live and experience citizenship, with accent on the perception and signification of their political participation. My arguments will be developed based on a constructivist approach which underline the relations and dependencies between agents (that give meaning to the social roles they play in my paper women from a region in Romania, Hunedoara county) and structures (mainly the patriarchal one). [ABSTRACT FROM AUTHOR]
- Published
- 2014
32. GENDER EQUALITY POLICIES DURING THE POST-COMMUNIST ROMANIAN SOCIETY - TRANSFORMATION OR CONSERVATION OF GENDER PATRIARCHAL REGIME?
- Author
-
HURUBEAN, ALINA
- Subjects
EQUALITY ,LABOR market ,GENDER ,PATRIARCHY - Abstract
The paper aims to analyze family policies, labor market and social protection policies in the light of their correlated effects on the dynamics of gender relations, to identify such new tools for understanding national realities in European countries and to propose appropriate directions for intervention by programs and policies. The current research on public policies considers that the analysis of family policies, of labor market or social security policies, from the perspective of gender (in)equality, offers relevant indicators with regard to the welfare regimes and quality of democracy or to the democratic deficit in the post-communist Romanian society, placed in the actual European context. This paper attempts to identify the mechanisms through which the state and its public policies reproduce and enhance traditional/conservative cultural models on gender roles and asymmetric social relations between men and women, also they reproduce the restrictive force of classic dichotomies between public-private life or productive-reproductive work. Despite the stated principle of gender equality, public policies maintain hierarchies and gender disparities in Romanian society, as in other European countries. This approach research shows that the complex interaction between cultural models of gender roles in the family/society and public policies is relevant to contextualized analysis of public policies and gender equality policies. The purpose of this paper is to analyze the influence of cultural patterns (on family gender roles, labour organization etc.) on public policy (family policies, labor market policies, gender equality policies) in order to advance a set of questions: how do family and gender ideology influence the content of public policy and the conservation of gender regime in post-communist Romanian society? How can gender equality increase through public policies and to what extent is gender mainstreaming approach an appropriate solution in this sense? [ABSTRACT FROM AUTHOR]
- Published
- 2013
33. COOPERATION AND EDUCATION FOR SUSTAINABLE DEVELOPMENT IN GLOBALIZATION ERA.
- Author
-
ELENA, NEDELCU
- Subjects
INDUSTRIAL policy ,ECONOMIC policy ,ECONOMIC development & the environment ,SUSTAINABLE development - Abstract
The present paper aims to approach a relatively new topic: international cooperation for sustainable development. The first part of this paper is a theoretical construct which deals with the connection that exists between its main variables: globalization, democratization and development. This part of the paper also brings into evidence the necessity and importance of international cooperation for sustainable development (SD) during the globalization era. The second part of the paper aims to briefly analyse the importance and practice of education for sustainable development (ESD) in our contemporary society: the case of Romania. Conclusions represent the object of the last part of the paper. [ABSTRACT FROM AUTHOR]
- Published
- 2013
34. THE SPECIFIC CHARACTERISTICS OF PROMOTIONAL JOURNALISM - A COMPARATIVE ANALYSIS WITH OTHER RELATED CONCEPTS.
- Author
-
TRIFAN, CRINA ANIŞOARA
- Subjects
JOURNALISM ,MARKETING ,INDUSTRIAL management ,PERIODICALS - Abstract
Purpose statement - This paper's purpose is to contribute to the development of a specific know-how through the establishment of a theoretical framework of reference. This can facilitate the research steps which follow the identification; analysis; and interpretation of a new marketing instrument - promotional journalism. The objectives, of this study, relate not only to the establishment of theoretical but, also, to the practical characteristics, of promotional journalism. These are based on a comparative analysis with other related concepts and, also, on a qualitative analysis of the contents of the specific materials. Design - The research problem imposes a methodological interdisciplinary approach; this enables the identification; systematization; analysis; and theoretical interpretation of the fundamental concepts, theories and ideas, from the specialized literature, to be orientated towards studies and articles from separate fields. From the perspective of the research objectives and this interdisciplinary study of specilized literature, there was added a qualitative analysis of the content of the materials specific to promotional journalism found between 2002 and 2006, in the fashion magazine, Elle Romania. Overview - The specialized literature presented key-concepts; different terminologies; and meanings apparently for the same studied "reality". This made the achievement of the process of conceptual delimitations even more difficult to the extent that promotional journalism was situated at the intersection of various sciences and the acknowledgment, of its related terms, were either similar or stated vaguely. Originality - This paper's originality stems from the interdisciplinary perspective to the approach to the problematical aspect and the analysis and interpretitive complexity of the research results. These might prove useful both to the accomplishment of the studies in the field and for the practitioners and beneficiaries of this new marketing instrument. [ABSTRACT FROM AUTHOR]
- Published
- 2013
35. PATTERNS AND DESIGN PROTECTION SYSTEMS IN ROMANIAN LAW.
- Author
-
IONESCU, OVIDIA JANINA
- Subjects
DESIGN protection ,UNFAIR competition ,LICENSE agreements ,PATENT law - Abstract
Because of the significant differences among the laws of member states in the field of design and patterns, by Council Directive No. 98/71/EC of 13 October 1998 on the legal protection of patterns and designs, the European Parliament has implemented a patterns and design protection system adapted to the needs of any domestic market.Based on Directive No. 98/71/EC, the Council Regulation (EU) No. 6/2002 of 12 December 2001 on community designs and patterns has been issued, being compulsory in all its elements and applying directly to all member states. Thus, a special legal protection has been provided, which is meant to encourage individual creators to bring forward innovation, the development of new products and investments in their manufacturing. In order to implement the provisions of Regulation (EU) No. 6/2002, the Commission Regulation (EU) No. 2245/2002 of 21 October 2002 has been adopted. All these regulations are intended to provide protection of designs and patterns, and for this purpose two forms of protection are deemed necessary, i.e. a long-term one, corresponding to unregistered designs or patterns, and a short-term one, corresponding to registered designs and patters. In this paper we shall present in detail these forms of protection, as well as the substantive and formal conditions necessary to be fulfilled for the registration of designs and patterns. The presentation shall be founded on the legal regulations mentioned above that are enforceable and binding also on the Romanian territory, a legal protection of design and patterns being thus provided not only inland but also intra-community. The purpose of this paper is to also highlight the necessity of design and patterns protection, a sine-qua-non condition for the development of new products and investments. [ABSTRACT FROM AUTHOR]
- Published
- 2012
36. SOCIAL INTEGRATION OF TURKISH IMMIGRANTS IN ROMANIA? SYNCOPES IN THE CONFIGURATION OF A DETERRITORIALIZED IDENTITY.
- Author
-
DEMIR, Abdullah
- Subjects
SOCIAL integration ,IMMIGRANTS ,CULTURAL values - Abstract
David Lockwood highlights the distinction between systemic and social integration. If social integration focuses on cultural values, traditions, and identities, the systemic one operates with rules according to which the host community of the immigrant functions, whether they are judicial, economic, civic or political. Although ideally social integration would complement systemic integration, the former is more difficult to achieve, since it presupposes the configuration of a deterritorialized identity of the immigrant. The paper concentrates on the relation between social integration and the configuration of the deterritorialized identity of the Turkish immigrant in Romania. Methodologically, a content analyses of some interviews conducted with Turkish immigrants in Romania will be carried out, by following a series of indicators, such as: the development of social relations outside the ethnic group, the accessing of the various cultural services and those for informal education, the Turkish immigrant's openness toward the values promoted by the Romanian and European culture as well as the attachment toward traditions. [ABSTRACT FROM AUTHOR]
- Published
- 2019
37. THE RECYCLING BEHAVIOR OF ROMANIAN CONSUMERS.
- Author
-
VOICU, Mirela-Cristina
- Subjects
CONSUMER behavior ,ENVIRONMENTAL protection ,ENVIRONMENTAL degradation ,ECONOMIC development - Abstract
For any of us, protecting the environment should no longer be an optional activity, taking into account the negative effects of the environmental degradation that is becoming increasingly acute these days. Yet a positive attitude toward protecting the environment is still lacking for many of us, not to mention the lack of positive behavior in this direction. As the field of environmental protection requires a multidisciplinary approach, the marketing also contributes to the achievement of sustainable economic development in our country, especially through the researches carried out on consumers ecological behavior. Both the business environment and public organizations require reliable information about the determinants of consumers' environmental behavior. One aspect of this ecological behavior is the recycling behavior. Given that the need to meet the European recycling standards is becoming increasingly stringent, it is also necessary to know all the factors that can determine an appropriate environmental behavior. In this context, the following paper reveals some important aspects regarding the current situation of the recycling activity in Romania together with the characteristics of the recycling behavior of Romanians that require a specific marketing activity conducted in this field. [ABSTRACT FROM AUTHOR]
- Published
- 2019
38. CASE-LAW CONTRIBUTIONS TO CONSTITUTIONAL REVIEW'S DEVELOPMENT IN ROMANIA.
- Author
-
ANDREESCU, Marius and ANDREESCU, Claudia
- Subjects
JUDGE-made law ,LAW ,LAW enforcement ,LAW reviews ,JURISPRUDENCE - Abstract
To the Romanian system of law, jurisprudence does not have the quality of a formal source of law. Nevertheless, a legal reality, viewed from a historical perspective, has demonstrated the essential role of judicial practice in interpreting and enforcing the law, in constructing argumentative practices, in clarifying the will of the legislator, and in discovering the less obvious meanings of legal norms and, last but not least, in unifying thought and legal practice. Therefore jurisprudence, along with doctrine, is an important component of the Romanian system of law. Based on these considerations, we intend to highlight some aspects of constitutional jurisprudence in this paper. We underline its contribution to the constitutional review of laws in Romania. Under the Constitution of 1866, which did not regulate institutionally such a control, the courts have assumed this competence by interpreting the law and by way of jurisprudence. Important aspects of the Constitutional Court jurisprudence and of the courts in the development of constitutional review in our country are presented and analysed. We support the idea that jurisprudence currently plays an important part in the interpretation of constitutional norms, including with regard to deepening the constitutional review forms. [ABSTRACT FROM AUTHOR]
- Published
- 2019
39. THE ACCOUNTANT'S AVERSION TO RISK WHEN CHOOSING ACCOUNTING POLICIES.
- Author
-
GURĂU, Mariana and GRIGORE, Mariana Zenovia
- Subjects
RISK aversion ,ACCOUNTANTS ,ACCOUNTING policies ,FINANCIAL statements - Abstract
The accounting community is currently focusing on harmonizing accounting rules by creating a common accounting language at global level to increase the comparability and relevance of financial reporting information. The current requirements of reporting standards for presenting a true and fair image of the financial position have evolved from the practical necessities imposed by the activity of the economic entities. In this respect, it is necessary to reposition the regulations which define the concrete techniques for assessing the items presented in the balance sheet and in the income statement. In the accounting field, financial information is important for the users. It can be influenced by accounting policies, by the methods of valuation chosen by the specialist. This article is a point of view on the requirements of financial reporting, with particular emphasis on the valuation for the presentation of balance sheet and income statement. In Romania, in the absence of a tradition in this field, there is a risk aversion when it comes to evaluating for the purpose of presentation in the financial statements. We included in these paper an advisory study involving professional accountants and presented their point of view in the field of valuation at different times of the financial year. One of the objectives of these study is to clarify underline the importance to choose the accounting policies with no implications of taxes rules. The accountant have to understand that in our days accounting policies must be independent. [ABSTRACT FROM AUTHOR]
- Published
- 2019
40. APPLYING THE QUALITY MANAGEMENT SYSTEM AND OPTIMIZING ITS COSTS.
- Author
-
DIAMANDESCU, Andrei
- Subjects
COST ,MATHEMATICAL optimization ,ECONOMETRICS - Abstract
The approach of this paper is to optimize the costs of applying the integrated quality management systems in industrial organizations. In this case, the optimization implies the determination of the limit of the costs generated by the quality system to which a maximum benefit is obtained or, in other words, the minimum cost to which the company's activities may materialize in the expected results through the implementation of the quality management system. The cost optimization for quality can be achieved in a complex way that is less used in the practice of organizations by mathematical modeling, or by an easier way - the preferred method by the practitioners - by comparing the performance of the organization with a reference standard (e.g. ISO 9001), which captures the difference from performance prior to the implementation of the quality management system. To justify the application of the second way (through comparisons), we propose to present the results of the study conducted by several industrial enterprises in Romania that have implemented the integrated quality management system. [ABSTRACT FROM AUTHOR]
- Published
- 2019
41. CULTURAL TOURISM IN CENTRAL REGION OF ROMANIA.
- Author
-
BOBOC, Cristina, CIUHU, Ana-Maria, VASILE, Valentina, and GHITA, Simona
- Subjects
HERITAGE tourism ,WORLD Heritage Sites ,AGRITOURISM ,TOURIST attractions - Abstract
Romania has a multitude of natural and cultural attractions, with five of the European biogeographical regions and seven sites included in the UNESCO heritage, but it does not sufficiently exploit its touristic potential. This paper provides a statistical analysis of tourism in the Central Region of Romania with a focus on rural tourism and an analysis of the cultural potential. The aim is to identify new opportunities of the development of cultural tourism in the region. In order to highlight the rural tourism, there were selected only agrotouristic boarding houses in communes and villages. Having an extremely generous nature and a cultural heritage of great value, the areas analyzed in this study have a high and diversified touristic potential. [ABSTRACT FROM AUTHOR]
- Published
- 2019
42. PROPERTY RESTITUTION - A TYPE OF REPARATIONS MEASURE IN ROMANIA.
- Author
-
RADU, Bianca Elena
- Subjects
TRANSITIONAL justice ,CRIMINAL reparations ,LAW ,EUROPEAN Convention on Human Rights ,INTERNATIONAL cooperation - Abstract
The paper intends to highlight the manner in which property restitutions starting with 2001, in Romania, have accomplished the functions of a reparations measure. The analysis will follow on the one hand whether the process of property restitutions have been a part of a wider socio-political mechanism, that of transitional justice, and on the other hand it will analyse whether the legislation in the field has or has not facilitated the property recovery and, as a result, the rehabilitation of victims. From a methodological point of view, the study will use the analysis of official documents and of legislation in the field. [ABSTRACT FROM AUTHOR]
- Published
- 2019
43. PERSONAL DATA PROTECTION ISSUE REFLECTED IN THE CASE-LAW OF THE CONSTITUTIONAL COURT OF ROMANIA.
- Author
-
BĂRBĂŢEANU, Valentina
- Subjects
DATA protection ,JUDGE-made law ,CONSTITUTIONAL courts ,LAW ,EUROPEAN Union law - Abstract
Over the past few years, data privacy became more and more an issue that stirred on European level lots of debates and determined the adoption of a new set of rules, imposed with the compulsory force of a European regulation. Thus, the EU General Data Protection Regulation (GDPR) replaced the Data Protection Directive 95/46/EC and reshaped the way the data are managed in various fields of activity. In Romania, the Constitutional Court had to bring light over important areas that involved the use of personal data and developed a relevant case-law regarding the concordance with the essential standards implied by the protection of private life enshrined both in the Romanian Basic Law and in the European Convention on Human Rights. The paper intends to depict the main challenges that faced the constitutional review and the measure that the Romanian vision over this problem is consistent with the European landmarks set in this field. [ABSTRACT FROM AUTHOR]
- Published
- 2019
44. THE ROLE OF THE PRESIDENCY IN THE FUNCTIONING OF THE EUROPEAN UNION ROMANIAN PRESIDENCY OF THE EU COUNCIL - CHALLENGES AND OPPORTUNITIES.
- Author
-
BANTAŞ, Dragoş - Adrian
- Subjects
EUROPEAN Union membership ,TREATIES ,STIPULATIONS (Pre-trial procedure) - Abstract
This year, for the first time in the history of its membership in the European Union, Romania exercises the rotating presidency of the Council of the European Union. As far as the Council is concerned, it is undoubtedly one of the most important decision-making factors, part of what the specialized doctrine calls the "bicameral legislative of the European Union". The manner of exercising the presidency, the role of the Presidency in the proper functioning of the Council, the challenges and opportunities related to it are, in our opinion, topics of interest for the Romanian public and their approach can bring more clarity to the debates held in this honorable, but the difficult period. That's exactly why the aforementioned subjects are the research topic of the research paper that we submit to your attention in the lines below. [ABSTRACT FROM AUTHOR]
- Published
- 2019
45. CONTROVERSIES REGARDING THE ARBITRAL INSTITUTION DESIGNATED BY SUB-CLAUSE 20.6 OF FIDIC CONDITIONS OF CONTRACT TO ADMINISTER THE ARBITRAL CASES RESULTED FROM EXECUTION OF PUBLIC WORKS UNDER THE ROMANIAN LAW.
- Author
-
RUGINĂ, Cristian Răzvan
- Subjects
CONTRACTS ,ARBITRATION & award ,LAW ,PUBLIC works ,EXECUTIONS (Law) - Abstract
From 2010 to 2017 the execution of public works in Romania took place by virtue of the General Conditions of Contract of FIDIC Yellow Book or Red Book approved by Government Decision no. 1405/2010. In 2011 the Romanian Ministry of Transportation and Infrastructure issued Order no. 146/2011 whereby it approved standard forms of Particular Conditions of Contract, Appendix to Tender and Contract Agreement for execution of such public works. In particular, the Appendix to Tender modified the provisions of Sub-Clause 20.6 regarding the arbitral institution empowered to administer the disputes resulted from public procurement contracts based on FIDIC Conditions of Contract. The mention included in the Appendix to Tender in this regard referred to "the Court of International Commercial Arbitration", apparently an incomplete reference to the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania. Encouraged by a subjective interpretation of the contractual provisions, a significant number of contractors submitted their disputes with the National Company for Administration of Road Infrastructure in Romania to the ICC International Court of Arbitration. Recently, the Bucharest Court of Appeals decided that this approach was wrong, setting aside the final partial awards issued under the auspices of the ICC International Court of Arbitration. In an attempt to clarify which arbitral institution has jurisdiction to administer such arbitral cases, this paper analyzes the controversial contractual provisions, the soundness of the various interpretation and arguments brought by the involved parties under the rules of interpretation provided by the Romanian Law and internationally applicable custom in arbitration, and the recent jurisprudence of Romanian Courts related to this matter. [ABSTRACT FROM AUTHOR]
- Published
- 2019
46. SIMULATED CONTRACTS BETWEEN THE OLD AND NEW CIVIL CODES OF ROMANIA.
- Author
-
DINESCU, Adrian-Gabriel
- Subjects
LAW ,CIVIL procedure ,CONTRACTS ,LEGAL professions ,LEGISLATORS - Abstract
The world which gave birth to the New Civil Code is significantly different than the world of the 19
th century of the Old Civil Code, as the development of social relationships has been tremendous in the last century, many more people participating actively in society and thus having more incentive to resort to the complex mechanism of simulation in order to mask their true intentions. Thus, the lawmaker of 2011 in Romania has been a lot more careful to describe the effects of simulation between the parties of the simulated contracts, especially in regard to the third parties who acted in good faith. In trying to protect these latter, five articles of the New Civil Code govern these complex relationships which stem, basically, from an instinctual tendency of humans to lie. Also, through-out the 150 years in which the Old Civil Code (inspired by the Napoleon Code of France of 1804) has been in force, tomes of legal literature tried to remedy its obvious deficiencies. In the New Civil Code these suggestions and conclusions, as well as many ideas which stem from court rulings have been assimilated into law. This short paper tries to give a short analysis on these changes and to glimpse at the way the legal professionals involved in interpreting the law will assimilate them. [ABSTRACT FROM AUTHOR]- Published
- 2019
47. ADMINISTRATIVE CONTRACTS IN THE CONTEXT OF THE NEW CIVIL CODE AND THE NEW CIVIL PROCEDURE CODE.
- Author
-
DE SMET, Crina Alina
- Subjects
CIVIL procedure ,LAW ,CONTRACTS ,STIPULATIONS (Pre-trial procedure) ,ADMINISTRATIVE acts - Abstract
The Romanian law concerning administrative contracts has evolved greatly in the last three decades; the New Civil Code, which came into effect in 2009, and the New Civil Procedure Code, which came into effect in 2010, have important stipulations in the field. The purpose of this paper is to create a short review on the Romanian legislation concerning administrative contracts, to analyze the legal requirements, to identify possible issues in the field and, eventually, to propose improvements. In order to achieve these objectives, the relevant legislation is reviewed, and Romanian authors Romanian authors with recent studies in the field of administrative contracts, such as L. Catana, O. Puie, and A. Tabacu, are cited. The legislation concerning administrative contracts includes organic laws, such as Law 554/2004, Law 98/2016, Law 100/2016, and Law 101/2016, as well as government decisions, such as Government Emergency Ordinances no. 54/2006 and no. 34/2006. Our main findings are that, although the law concerning administrative contracts assimilates this concept to the notion of the administrative act, and although there are examples of administrative contracts which are more thoroughly explained, a clear definition of the administrative contract is missing, which we consider to be a legislative gap which needs to be fixed in the future, when the relevant legislation will be revised. [ABSTRACT FROM AUTHOR]
- Published
- 2019
48. THE CONCEPT OF SOCIAL REINTEGRATION IN ROMANIA AFTER 1989.
- Author
-
NEAGU, Constantin Marc
- Subjects
SOCIAL integration ,COMMUNISM ,RULE of law ,DETENTION facilities ,EXECUTIONS (Law) - Abstract
This paper attempts at pointing to the way in which social reintegration has evolved in Romania, starting with the communist era and ending with present time. First, we briefly outline the organisation of social reintegration under the communist regime and then we present how this concept has been approached in the last thirty years, under the new political circumstances, stemming from the recommendations of the Committee of Ministers of Council of Europe to Member States. Our conclusions focus on the role of education, which is fundamental in accomplishing successful social reintegration. [ABSTRACT FROM AUTHOR]
- Published
- 2019
49. CONSIDERATIONS ON RE-SOCIALISATION, SOCIAL REINSERTION AND RECOVERY THROUGH EDUCATION.
- Author
-
NEAGU, Constantin Marc
- Subjects
DETENTION of persons ,EXECUTIONS (Law) ,PRISON population ,CRIMINAL law ,SOCIALIZATION - Abstract
This paper mainly aims at pointing to the criteria that make a detainee be eligible for re-socialisation. In addition to this, we distinguish between negative re-socialization, when the expected result is not obtained, and positive re-socialization, when the ultimate goal is successfully accomplished. Moreover the definition of re-socialization is provided to better understand this concept. [ABSTRACT FROM AUTHOR]
- Published
- 2019
50. INCOME TAX SHIFTS -- CAUSES AND EFFECTS ON ROMANIAN ENTERPRISES.
- Author
-
Stefan-Duicu, Viorica Mirela and Stefan-Duicu, Adrian
- Subjects
TAXATION of small businesses ,INCOME tax laws ,TAX laws ,FINANCIAL crises ,MANAGEMENT - Abstract
This paper aims to make a point in what the fiscal environment has been and is about in Romania. In 2008, the crisis was obvious to our authorities, who before declared with nonchalance that our system is way back from Europe's and the crisis will pass near us. This didn't happened and here we are, in front of it. The financial crisis has reduced the state budget incomes in a drastic manner, making the authorities to do what they knew better - put more fiscal weight in taxpayer's burden. In this paper we will approach the minimum income tax amount, tax amount which has been the cap for more than 25% of the Romanian enterprises. The government took the easy way, more tax, no analysis on what the side effects of this tax over the economy will be on short-medium term. As you guessed, the only good that came from this measure was more money at the budget, but only for a couple of months because, as previously said, 25% of the enterprises closed their activity, meaning no more income tax payments, no more social and health contributions, no more wages paid etc. The budget has got a big hole because now, beside the fact that it didn't cashed in from the closed enterprises, has to pay unemployment help for those who worked in those firms. As the crisis goes deeper, the government removed at the end of 2010 the minimum income tax amount, declaring with "drums and trumpets" that these measures are in order to revive the economy and the enterprises activity. We shall see about that. [ABSTRACT FROM AUTHOR]
- Published
- 2011
Discovery Service for Jio Institute Digital Library
For full access to our library's resources, please sign in.