40 results on '"LEGAL documents"'
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2. THE SALE AND PURCHASE OF HORSES - LEGAL, THEORETICAL AND CASELAW ASPECTS IN ROMANIAN AND FRENCH JURISPRUDENCE.
- Author
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CHILEA, Dragos
- Subjects
- *
HORSES , *LEGAL documents , *JURISPRUDENCE , *EQUESTRIANISM , *CONSUMERS , *HORSE breeds - Abstract
The sale-purchase agreement is probably the oldest contract that first appeared in the form of verbal agreements, more related to the honor, the word, the honesty of the buyer and the seller, and which subsequently, took on a written form and became regulated by written rules. Just as in the case of the sale of foods that may be tried out, the sale with a trial period is a variant of the sale-purchase contract. There are forms/variants provided by law and are among the first forms of such transactions at the time when, as they say, the seller and buyer “shook hands” on the agreement, and the transaction was concluded even without a written form and relying only on their “word” or “honour”, the firm expression of the will of the two parties to sell and buy, respectively, as well as the price demanded and accepted. Under these conditions "the sale with a trial period" is a manner of selling and buying that is present today and which sometimes is also a practice encountered in the case of the salepurchase of horses. Given the multitude of transactions and their object that can be encountered, it is only natural that many varieties of the sale-purchase contract imposed by the specifics of the sold and purchased good appeared as well. Thus, the varieties commonly encountered on the "free market" are the “sample sale” and the sale “with a trial period”. In most cases, sellers are professionals, but buyers can be either professionals or simple individuals who want to purchase the respective goods, and in the case of the latter the legislation provides additional protection measures. The sale with a trial period is regulated by the provisions of Article 1681 of the Civil Code2 and is also found in the civil legislation of other countries of the European Union. According to the legal provisions it is considered that the sale has a trial period when it is made under the suspensive condition that the good constituting the object of the sale needs to meet the established criteria, or destination, according to its nature. It has been admitted that goods such as automobiles, animals, clothing and shoes can be the object of such sales. In this study, we will examine the matter of selling "with a trial period" with specific reference to the sale of horses and by presenting legal regulations, as well as jurisprudence in Romania as well as in France. In the French legislation, regulations for the sale of horses are provided in the Civil Code, the Commercial Code, the Consumer Code, but also the Rural Code3 . The legal rules in France on the sale of horses, which also apply to the exchange, are essential, as many transactions per year concern horses. The French Institute of Horse and Equitation records more than 95,000 horse transactions per year. For a long time the trade of horses was considered as an activity that has particular risks. Consequently, the activity was regulated by a Law of April 12, 1941 requiring horse traders to hold a professional certification under the control of the Ministry of Agriculture4 . This administrative requirement was removed by the Act of 8 June 19985 . After that date the trade and intermediation of horse transactions have become freely exercised . Transactions in general and horse transactions in particular can be carried out between professionals, between professionals and simple consumers, or only by the latter. In this respect, the French Consumer Code provided for the legal guarantee of conformity and defined the notions of "professional" and "consumer". [ABSTRACT FROM AUTHOR]
- Published
- 2023
3. A REVIEW OF THE ROMANIAN LEGAL FRAMEWORK CONCERNING METROPOLITAN AREAS AND FUNCTIONAL URBAN AREAS. OVER A DECADE OF CHANGES.
- Author
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DRĂGHIA, Miruna
- Subjects
- *
CITIES & towns , *METROPOLITAN areas , *ROMANIANS , *LEGAL documents - Abstract
This article reviews the Romanian legal framework for metropolitan areas (MAs) and functional urban areas (FUAs) over the past decade, examining changes and developments in this area. It provides an overview of the legal provisions concerning MAs and FUAs in Romania, and discusses the various laws, regulations, and policies that govern their formation and operation. The article also analyses the status and the challenges that have emerged in the implementation of the legal framework and highlights the main obstacles faced by Romanian metropolitan areas and functional urban areas. Ultimately, the article seeks to provide insights into the effectiveness of the Romanian legal framework in supporting the development and governance of metropolitan areas and FUAs and identifies areas for further improvement. [ABSTRACT FROM AUTHOR]
- Published
- 2023
4. THE RIGHT TO DISCONNECT OF THE EMPLOYEE WHO WORKS REMOTELY.
- Author
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ȚOP, Dan
- Subjects
TELECOMMUTING ,EMPLOYEE rights ,OCCUPATIONAL prestige ,PROFESSIONAL ethics ,LEGAL documents ,PERFORMANCE awards ,INCENTIVE awards - Abstract
In the member states of the European Union where telework was successfully implemented before the pandemic, policies were adopted to balance teleworkers' work and rest time by guaranteeing the teleworkers' right to disconnect. In Romania, the right to disconnection is not provided by the legislation in force, and even if there is a strict formal delimitation between working time and rest time, in practice, however, this delimitation is rarely respected. The recognition of the employee's right to disconnect by adopting legal provisions must be equally applicable to all workers, regardless of their professional status, sector of activity, work location, position and responsibilities, etc. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
5. Natural Protected Areas within Cities: An International Legislative Comparison Focused on Romania.
- Author
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Gârjoabă, Atena-Ioana, Crăciun, Cerasella, and Petrisor, Alexandru-Ionut
- Subjects
NATURE reserves ,URBAN land use ,CITIES & towns ,PROTECTED areas ,LEGAL documents - Abstract
Urbanization occurs now more rapidly than before, due to the development of compact cities or urban sprawl, threatening quasi-natural areas, especially those protected within/near built-up ones. Europe lacks laws dedicated to natural protected areas within built-up areas, which are subject to the same provisions as natural protected ones, or a legislative vacuum. This research aimed to find the best planning approach for resiliently conserving and developing these areas and establishing grounds for a new tool used for planning the proximity of natural areas within cities. The methodology involved selecting two groups of countries, Nordic and eastern European, and treating these areas differently. The choice was based on specific political history. The study analyzed the legislative and planning framework and compared the approaches of 11 analyzed countries to pinpoint the basic aspects accounted for and applied to other European territories, in order to preserve the characteristics of urban morpho-typology and the particularities of local landscapes. The comparison results suggest solutions such as adopting specific regulations for urban protected areas and their adjacent zones through legal documents, completing/detailing environmental legislation in Nordic countries, adopting laws dedicated to protected natural areas within and/or close to built areas, and changing the approach to protecting natural areas with urban planning or land use tools. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
6. CONTROLUL ANTIFRAUDĂ FISCALĂ ÎNTRE EFICIENŢĂ ŞI ABUZ.
- Author
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ONEŢ, Cristina
- Subjects
TAX evasion ,COMPETENT authority ,LEGAL documents ,POSSIBILITY ,REFORMS ,FRAUD ,ABUSE of older people - Abstract
In Romania, fiscal anti-fraud control has undergone successive series of reforms aimed at enhancing the efficiency of activities combating tax evasion and fiscal fraud. The most recent changes in fiscal legislation are also the most profound, but a closer analysis reveals the possibility of sliding towards potential abuses that may be committed by the competent tax authorities engaged in such activities. This work highlights a series of conceptual inconsistencies present in the fiscal legislation regarding the forms of financial-fiscal control, the methods of conducting it, and the procedures for carrying out the control. Therefore, the Fiscal Procedure Code regulates such concepts without making the necessary distinctions, leaving the impression that it regulates multiple forms of financial control, which is entirely incorrect. In this way, we find ourselves facing an unfortunate mixture of contradictory legal provisions that open the way to their non-uniform or even abusive application at the level of different categories of financial-fiscal authorities with different competencies in this matter. [ABSTRACT FROM AUTHOR]
- Published
- 2023
7. CRIMINAL OFFENCES RELATED TO TERRORISM IN HUNGARY AND IN ROMANIA - HAS THE TRANSPOSITION OF EU RULES BEEN SUCCESSFUL?
- Author
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BARTKÓ, Róbert and SÁNTHA, Ferenc
- Subjects
- *
LEGAL documents , *CRIMINAL law , *DELEGATED legislation , *CRIMINALS , *TERRORISM , *CRIMINAL codes - Abstract
The instruments of the substantive criminal law can be considered as important elements of the strategy related to combating terrorism. In the EU, there are a lot of minimum rules to be followed are regulated by the European common legal step decided by the European Parliament and the Council. This legal document is the Directive 2017/541 on combating terrorism which replaced the former legal cooperation based on framework decisions. Taking account that according to the Article 28 of the Directive the Member States should bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 8 September 2018, our aim is to make a comparative analysis concerning the Hungarian and the Romanian criminal law and to answer the scientific question: has the transposition of the rules been successful in these two countries. [ABSTRACT FROM AUTHOR]
- Published
- 2023
8. Analysis of the normative framework of the state of emergency in Romania.
- Author
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Ghibu, Iohan-Andrei
- Subjects
EMERGENCY management ,SECURITY sector ,LEGAL documents ,MILITARY readiness ,PUBLIC policy (Law) ,PUBLIC demonstrations - Abstract
The regime of the state of emergency is one of the areas to which the Constitution has given additional importance, ordering that it be regulated by an organic law. Despite this, legal provisions have been slow to emerge. It was only in 1996 that the Ministry of National Defense began drafting a project that it discussed with specialists from other institutions in the defense, public order and national security sector, a project that was submitted to the Government in the fall of 1997. Despite all the favorable opinions, the project did not appear on the agenda of the Government meetings and, of course, it was not included in the Parliament's debates either. A few months later, taking advantage of the competence granted to him by art. 114 para. (4) of the Constitution, the Government adopted Emergency Ordinance no. 1 of January 21, 1999 regarding the regime of the state of siege and the regime of the state of emergency. What determined the Government to enact a normative act of such importance in one night? I think that, in terms of motivation, the most suggestive picture could be provided by the way in which the circumstances of the moment were presented in the print media. "Mineriada 1999", as the miners' protest from Valea Jiului was nicknamed, showed the importance of the existence of clear and coherent legislation in such a sensitive field. The normative act drafted in haste and under the pressure of emotional factors contained, as we will show, some provisions that were outside the limits of legality. [ABSTRACT FROM AUTHOR]
- Published
- 2023
9. THE EFFECTS OF THE DECISIONS OF THE CONSTITUTIONAL COURT OF ROMANIA REGARDING THE INTERRUPTION OF THE CRIMINAL LIABILITY LIMITATION PERIOD.
- Author
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POP, Cristina Teodora
- Subjects
- *
LIMITED liability , *LEGAL judgments , *CONSTITUTIONAL courts , *CRIMINAL liability , *LEGAL documents , *INTERRUPTION (Psychology) , *SLEEP interruptions - Abstract
The interruption of the prescription of criminal liability is regulated by the provisions of art. 155 of the Criminal Code, legal provisions that have recently been the subject of a posteriori constitutionality control, control following which the constitutional court issued Decision no. 358 of May 26, 2022. This extremely controversial decision had, in reality, the aim of clarifying by the Constitutional Court the effects of a previous decision, namely Decision no. 297 of April 26, 2018, having the same object, through which the Court admitted the exception of unconstitutionality and found that the legislative solution that provides for the interruption of the criminal liability limitation period by fulfilling "any procedural act in question", from the provisions of art. 155 paragraph (1) of the Criminal Code, is unconstitutional. This latter solution has been qualified differently by the courts and by the doctrine, which have oscillated between considering that the previously mentioned admission solution is pure and simple and the appreciation that it is an interpretive solution. [ABSTRACT FROM AUTHOR]
- Published
- 2022
10. PARTICULARS OF FLEXIBLE WORK FOR EMPLOYED OR BORN EMPLOYEES.
- Author
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IANCU, Ana-Maria-Alexandra
- Subjects
INDUSTRIAL relations ,WORKING mothers ,INDUSTRIAL safety ,LEGAL documents ,SOCIAL workers ,EMPLOYMENT agencies - Abstract
European law as well as national law contain provisions that protect a pregnant woman, a woman who has recently given birth or is breastfeeding, who is in an employment or service relationship with an employer. "Directive 92/85 / EEC" on the social protection of workers and the improvement of their health and safety at work shall apply only on condition that the workers are pregnant, have recently given birth or are breastfeeding. Through the adopted normative acts, Romania has established a legal framework regarding the protection of maternity in the workplace. Flexible work becomes a desire of both pregnant or childbirth workers and employers, in order to balance personal life with professional life, but also with the internal organization of employers, given both the volume and variability of activity. The degree of flexibility must also take into account the solutions allowed by the legal provisions. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
11. PARTICULARITIES REGARDING THE NATIONAL SYSTEM FOR THE MANAGEMENT OF EUROPEAN AFFAIR.
- Author
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APOSTOLACHE, Mihaela Adina
- Subjects
LEGAL documents ,INTERNATIONAL relations - Abstract
The national authorities with attributions in the fields in which drafts of legal acts are initiated (responsible ministries or specialized bodies) participate in the European decision-making process, according to the legal provisions that outline the National System for the Management of European Affairs, promoting the national positions regarding these drafts. The coordination committee of the National System for the Management of European Affairs has the task of designating the institutions responsible for the development and support of mandates and general mandates. The national system for managing European affairs with a view to Romania’s participation in the decision-making process of the European Union institutions is led, in our country, by the delegated minister for European affairs within the Ministry of Foreign Affairs. [ABSTRACT FROM AUTHOR]
- Published
- 2022
12. How do the Political Parties Survive? Case Study on the Private Financing of Political Parties in Romania.
- Author
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Cornea, Valentina, Mirică, Ștefania Cristina, Ungureanu, Ecaterina Cornelia, Moga, Liliana Mihaela, and Mihalache, Andi
- Subjects
POLITICAL parties ,LEGAL documents ,CIVIL rights ,HUMAN rights ,DATA analysis ,CAMPAIGN funds - Abstract
In the present paper we aim to analyze several important aspects regarding the methods in which political parties obtain their finances and to present the amounts and the private financial sources of Romanian parliamentary political parties in the last legislature (2016-2020). Political parties are necessary elements for any democratic society. The exercise of fundamental human rights is only possible in democracies and democracies require a group of representatives in order to govern the society. The political parties provide these representatives and, there for, the good functioning of political parties is essential in a democratic society. In the present paper we discuss the financial resources of political parties, and the Romanian legal provisions in this matter and also, we will present and analyze data regarding the financing of parties. The political parties are financed by the state and also have private resources like: membership fees, donations, loans and other resources. In our case study we referred to the case of Romania, more specifically of the amount of financing the parliamentary political parties in the 2016 - 2020 legislature. The method used is scientific research and data analysis. [ABSTRACT FROM AUTHOR]
- Published
- 2022
13. Internal Managerial Control - Perspectives on Some Modern Methods of Reducing the Risk of Fraud in Public Administration.
- Author
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CONSTANTIN, Daniel, CULEA, Marius Silviu, and CRISTACHE, Nicoleta
- Subjects
INTERNAL auditing ,FRAUD ,PUBLIC administration ,LEGAL documents ,PRIVATE sector - Abstract
Once it has been implemented according to the legal provisions, the national legislation in Romania offers only a few indications regarding the development and adaptation of the internal managerial control to the evolution of the risks to which public institutions are subjected in their daily activity. Thus, the development of internal control refers only to its continuation, from year to year, to the full implementation of the standards related to the five components of internal control. The risk of fraud is not treated separately, but aggregated, together with the other risks identified by the entity and mentioned in the risk register. The purpose of this paper is to draw attention to somewhat new methods for public entities (certainly already used in the private sector) and to see how total integration of internal control in current activities and innovations in this field can lead in diminishing the risk of fraud. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
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14. CONSIDERATIONS REGARDING LAW NO. 140/2022 ON SOME PROTECTION MEASURES FOR PERSONS WITH INTELLECTUAL AND PSYCHOSOCIAL DISABILITIES AND AMENDING AND SUPPLEMENTING SOME NORMATIVE ACTS.
- Author
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ROBA, Roxana Maria
- Subjects
- *
INTELLECTUAL disabilities , *LEGAL documents , *CONSTITUTIONAL courts , *LEGAL judgments , *CIVIL code - Abstract
By the Constitutional Court Decision no. 601 of 16 July 2020 on the exception of unconstitutionality of the provisions of article 164, paragraph 1 of the Civil Code was admitted the exception of unconstitutionality and it was found that these legal provisions are unconstitutional. Considering the obligation of the legislator to agree the provisions found to be unconstitutional with the Constitutional Court Decision no. 601/2020 and with the provisions of the Constitution of Romania, Law no. 140/2022 on some measures ofprotection for persons with intellectual and psychosocial disabilities and amending and supplementing some normative acts was adopted. The present study aims to analyze how the former institution of the prohibition of the natural person has been reconfigured in the normative act to come into force on August 18, 2022, compared to the regulation of the institution of the prohibition. [ABSTRACT FROM AUTHOR]
- Published
- 2022
15. Conceptual Research on the Organization of Local Public Administration in Romania and Republic of Moldova.
- Author
-
Cozma, Ion, Ioan Tirau, Adrian, and Ancuta Puscas, Sorina
- Subjects
LOCAL government ,COMMUNITY organization ,PUBLIC administration ,LEGAL documents ,PUBLIC welfare policy ,SOCIAL policy ,WELFARE state - Abstract
Local public administration plays a very important role for society. In theory, the contribution of local government activity, should help to create the welfare state through implemented social policies. In the scientific approach, we intend to explore in a comparative way the organization of local entities in Romania and Republic of Moldova. Along the same lines, we will analyse the legal provisions relating to the mayor as an executive authority. The importance of research is highlighted in the need to compare the legislation of Romania and Moldova, one as an European Union member state and another one as a state which want to join the big European family. After all, we will present a proposal to adapt certain articles of the law on local public entities in the Republic of Moldova, calling attention to the need to revise the legal framework in the spirit of European principles. [ABSTRACT FROM AUTHOR]
- Published
- 2022
16. ELECTIONS IN ROMANIA DURING COVID-19. AN ANALYSIS THROUGH THE PERSPECTIVE OF THE EXTRALEGAL SOURCES OF LAW.
- Author
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KAJCSA, Andrea
- Subjects
- *
LEGAL documents , *SUFFRAGE , *CIVIL rights , *COVID-19 , *LOCAL elections , *ELECTIONS - Abstract
Present times have forced entire mankind to go through what is probably the biggest transformation of society in the last decades. The changes brought about by the COVID19-outbreak include every and all aspects of life: social, economic, professional, human and legal. These changes appear at local, regional, national but especially global level, in all fields of concern for a human community, at both collective and individual level. The concept of material source of law references to all of the causal influences that explain the existence of a particular legal provision, at a certain time and place. Explaining law and understanding not only its letter but also its spirit necessarily entails the identification and explanation of what conditions the particular differences in its conceptual unity. We try to highlight, in our paper, how exactly has the current COVID19-outbreak influenced law, by analyzing the latest changes in the Romanian electoral laws and the way in which the Romanian state has managed to put into balance two fundamental rights: right to protection of health and right to vote. [ABSTRACT FROM AUTHOR]
- Published
- 2021
17. THE EVOLUTION OF THE ACTIVITIES OF THE NATIONAL PROGRAMME FOR CADASTRE AND LAND REGISTRY IN ALBA COUNTY, ROMANIA .
- Author
-
Borșan, Tudor, Dimen, Levente, and Ruscă, Marcel
- Subjects
- *
LEGAL documents , *LOCAL budgets , *PUBLIC service advertising , *REAL property , *COUNTIES , *DOG walking - Abstract
Cadastre and Land Registry for Alba County in relation to the other counties of our country. Alba County is made up of 78 administrative territorial units, in which, within the framework of the programme, systematic registration works are carried out, both at cadastral sector and at ATU level. The works have been and continue to be financed from the own revenues of the National Agency for Cadastre and Real Estate Advertising (ANCPI), through the Office for Cadastre and Real Estate Advertising (OCPI) of Alba, but also from external funds obtained through the Regional Operational Programme, and another source of funding may be the local budget. The systematic registration of immovable property involves the operations like: the creation of public information and awareness-raising campaigns, the identification of immovable property and holders, performance of cadastral measurements, the collecting of legal documents from holders, the integration and processing of cadastral data and the preparation of cadastral documents, the public display of cadastral documents, the registration and solution of rectification requests made by owners/possessors, the updating of cadastral documents and the opening of land registers, in accordance with current regulations. The main beneficiaries of the direct results arising from the activities performed as part of the National Programme are owners, possessors or other holders of real estate. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
18. PROTECTION OF VICTIMS OF CRIMES IN ROMANIA: COMPLIANCE WITH THE LEGAL PROVISIONS OF THE EUROPEAN UNION.
- Author
-
SLABU, Elisabeta
- Subjects
- *
CRIME victims , *LEGAL documents , *LEGAL compliance , *CHILD victims , *SCHOOL bullying , *CRIMINAL procedure - Abstract
Criminality is a violation of the individual rights of victims and victims of crime should be recognized and treated with respect, care and professionalism, without being discriminated against. Victims of crimes should be protected against secondary and repeated victimization, intimidation and revenge, receive adequate support in order to facilitate their recovery and have adequate access to justice. Child victims must be supported taking into account their ability to form their own opinions. States should ensure that victims with disabilities have the opportunity to enjoy their rights in full measure, as well as with other citizens, including by facilitating access to the premises where criminal proceedings take place and access to information. The Romanian state ensures, at legislative level, specialized services to victims of crime, taking into account the legal provisions adopted at the European Union level, the national legislation being convergent with the European one, but also presenting specific particularities. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
19. Uzucapiunea ca exerciţiu al unui drept potestativ. Între libertatea normei şi constrângerea jurisprudenţei.
- Author
-
SFERDIAN, IRINA
- Subjects
LEGAL documents ,LEGAL procedure ,CIVIL law ,CIVIL procedure ,CIVIL code ,RIGHTS - Abstract
Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
20. Reflectarea nelegalei compuneri a completului de judecată în materie procesuală penală în practica instanţelor naţionale şi jurisprudenţa Curţii Constituţionale a României.
- Author
-
Coadă, Ciprian
- Subjects
LEGAL documents ,LEGAL judgments ,EXCEPTIONS (Law) ,FAIR trial ,CRIMINAL procedure ,FAIRNESS ,PUNISHMENT - Abstract
Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
21. INTERFERENCE OF THE LEGITIMATE PUBLIC AND PRIVATE INTEREST IN EXERCISING THE COMPETENCES OF THE NATIONAL OFFICE OF GAMBLING.
- Author
-
HUDELCU, Daniela
- Subjects
PUBLIC interest ,INTERNET gambling ,LEGAL documents ,PERFORMANCE ,GAMBLING laws ,PANDEMICS - Abstract
I have chosen to address this issue, in the context of a regulation that is making its presence felt more and more, how much the pandemic situation has directed gambling players to the online environment. This study wishes to emphasize the importance of public authorities for monitoring and supervising gambling sites which are not licensed and authorized in Romania, as well as the identification of some mechanisms and instruments for pursuing some benefits from the determined circumstances of carrying out the activity of remote gambling in the absence of legal documents. In this paper, we propose a brief approach from a legal perspective on regarding the legitimate public and private interest, with the consequence that the restriction online gambling sites and do not hold the license of gambling organizer and authorization to operate the informatics platforms in Romania, occasion on which we will evaluate the effects of the restrictions of the sites produced until the present. However, we will try to show the intention of the legislator regarding the measure and the criteria of restriction within the regulated legal norm. [ABSTRACT FROM AUTHOR]
- Published
- 2021
22. Elements of the institutionalization process of the forest and pasture commons in Romania as particular forms of social economy.
- Author
-
Opincaru, Irina‐Sînziana
- Subjects
COMMUNITY forests ,NONPROFIT sector ,SOCIAL scientists ,LEGAL documents ,COMMONS - Abstract
In Romania, the study of jointly owned property (devălmășie) has been of great interest for social scientists during the different political regimes of the country. After the fall of the communist regime and after over 50 years of state ownership, the forests and pasture commons (obști and composeorate) returned to be private property of newly established associative forms. This paper aims to identify and define the contemporary Romanian commons by reference to the general characteristics of social economy organizations. In order to achieve this and obtain a clearer view of the place of the commons in Romania's organizational environment, presentation of some elements of the commons' institutionalization process after the fall of the communist regime is included. The data used for answering these two objectives comes from the analysis of a database comprising 328 questionnaires applied to board members of commons in Romania and various legal documents. The main argument of the paper is that the restitution process that led to the re‐establishment of the Romanian commons from public property to common private property—marked by hardships, conflicts, misunderstandings or faults—deepened the scarce knowledge of the political actors, general public and other stakeholders in regard to these organizations and perpetuated their unclear position in the organizational field. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
23. Este oportună abrogarea art. I din O.U.G. nr. 26/2012 privind unele măsuri de reducere a cheltuielilor publice și întărirea disciplinei financiare și de modificare și completare a unor acte normative?
- Author
-
GOGA, Gina Livioara
- Subjects
COVID-19 pandemic ,LEGAL documents ,PUBLIC spending ,EUROPEAN integration ,PUBLIC interest ,SOCIAL stability - Abstract
The adoption of the Government Emergency Ordinance no. 26/2012 on some measures to reduce public spending and strengthen financial discipline and to amend and supplement some normative acts2 solved an essential problem of liability of public money, given that there were no legal provisions to censor, in certain areas, the approval of the budgets of revenues and expenditures of some public entities. During the application of the above-mentioned regulations, several legal and constitutional controversies were highlighted, alleging, on the one hand, violations of provisions on the unconstitutionality of those provisions, such as the principle of equal rights, the principle of non-discrimination, respect for the right to defence. At the moment, we are witnessing a legislative step of full abrogation of the article of law. In the explanatory memorandum regarding the adoption of the Government Emergency Ordinance no. 26/2012 it is highlighted the fact that the approach of integration in the European Union involved extraordinary efforts from the perspective of regulating the national regulatory framework for the use of amounts reimbursed to Romania, in order to increase the absorption of structural funds, as these elements concern the general public interest, therefore the legislator aimed at establishing a set of rules to ensure prudent, restrictive and balanced budget execution. In this context, this emergency ordinance was adopted, which responded to the realities of that time, on the one hand, the need for more judicious spending of public money, in the context of integration into the European Union, and on the other hand, from the need to ensure the transparency of the use of public funds, but also taking into account the irregularities found by the Court of Auditors regarding certain areas of use of public funds and the recommendations of this institution. The public interest determines us even today to assess, in a delicate economic-social conjuncture, perhaps more profound, if the governmental objectives and strategies initially assumed towards the European Union are still of interest for the Government, given that maintaining the financial stability of the country has been put to the test by the crisis caused by the Covid-19 pandemic. [ABSTRACT FROM AUTHOR]
- Published
- 2021
24. Fiscal Instruments to Protect the Business Environment in Times of Pandemic.
- Author
-
HUDELCU, Daniela
- Subjects
- *
PUBLIC debts , *ECONOMIC impact , *ECONOMIC development , *BUSINESS enterprises , *LEGAL documents , *FISCAL policy - Abstract
Starting with the decree of the state of emergency, the business environment in Romania was severely affected in terms of organization and operation. Companies without cash and debts to the state budget, felt the interruption/suspension of the activity acutely, even within a legislation granting fiscal facilities, pre-existing the establishment of the state of emergency. The speed with which things evolved, viewed in the economy as a whole, normative acts regarding some fiscal-budgetary measures and the behavior of the business environment determines even today a careful analysis of the future situation of all factors involved in economic development. This article aims to draw attention, the effectiveness of those fiscal protection instruments with immediate applicability to large companies, given that the economic impact on small and medium-sized companies was felt more strongly, according to legal regulations. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
25. The Impact of Transparency on the Citizen Participation in Decision-Making at the Municipal Level in Romania.
- Author
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Radu, Bianca
- Subjects
POLITICAL participation ,DECISION making ,NONGOVERNMENTAL organizations ,LEGAL documents - Abstract
Copyright of Central European Public Administration Review is the property of University of Ljubljana, Faculty of Public Administration and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2019
- Full Text
- View/download PDF
26. BEOBACHTUNGEN ZU BALKANISMEN IN DER EUROPÄISCHEN RECHTSTERMINOLOGIE (MIT BLICK AUF DAS BULGARISCHE UND AUF DAS RUMÄNISCHE).
- Author
-
HENZELMANN, Martin
- Subjects
LEGAL language ,LEGAL terminology ,ROMANIAN language ,ECONOMIC change ,LANGUAGE & languages ,LEGAL documents - Abstract
In this paper, I will discuss Bulgarian and Romanian balkanisms in legal terminology in the context of the European Union. To begin, I will give a short overview of the importance of balkanisms and I will discuss Bulgarian and Romanian in the context of Balkan languages in the European Union. Following Schaller (2012, 2018), I will comment on different features of Balkan languages. As Lyutakova (2017, 2018) puts it, the recent development is characterized by significant political, social and economic changes, which are taking place in both Bulgaria and Romania. This development is important in shaping both Bulgarian and Romanian languages, and is therefore important in shaping legal language in both countries. Thus, I will characterize legal language as a technical language, and present its particularities. I will highlight (un)intelligibility, (in)comparability, and (un)translatability as main features of legal documents. Then, I will analyze examples from the Consolidated Version of the Treaty on the Functioning of the European Union. The main scope is to discuss balkanisms in this Treaty, and to regard balkanisms in the European legal language as EUbalkanisms. [ABSTRACT FROM AUTHOR]
- Published
- 2019
27. CONSIDERATIONS UPON SOME INTERNATIONAL TREATIES WHICH SHAPED THE HISTORY OF MODERN ROMANIA (1918 – 2018).
- Author
-
JURA, Cristian
- Subjects
MODERN history ,TREATIES ,INTERNATIONAL law ,LEGAL history ,HISTORY of science ,LEGAL documents ,GERMAN Unification, 1990 - Abstract
This research will provide a new perspective on the history of Romania, in general, and on history of modern Romania (1918 – 2018), in particular, from the perspective of various and numerous international treaties signed with or without the participation of Romania and which influenced the destiny of our country. Certain internal legal documents important for the history of Romania will be also introduced. The first document presented at the beginning of this research will be the Decree no. 3631 regarding the validation of the Unification of Basarabia, Bukovina and Transylvania with Romania, on 24
th of December 1918. One of the last treaties will be The Treaty of Accession 2005 which is an agreement between the member states of European Union and Bulgaria and Romania, which entered into force on 1 January 2007. Between the two documents, almost 100 years of history are comprised. The main method of research used in drafting this study is the content analysis – simple or comparative, as the case may be – approached in a manner specific to the research in the field of social-human sciences, respectively in the field of legal sciences and history. Therefore, this analysis is mainly qualitative (broadly speaking) and less quantitative, a few statistic aspects being however emphasized where they are naturally completing the analysis of some qualitative aspects. My personal experience in the last 20 years in the field of public international law has played a very important role in the paper herein. [ABSTRACT FROM AUTHOR]- Published
- 2019
28. Normative Acts Adopted at European Level and their Effectiveness in the Field of International Police and Judicial Cooperation.
- Author
-
Donțu, Mihai Marian and Ureche, Cristi
- Subjects
LEGAL documents ,INTERNATIONAL cooperation ,COOPERATION ,POLICE - Abstract
This paper aims at making a brief analysis of the relevant EU legal acts in matters of international judicial and police cooperation and the effects on the national legislation of Romania. The objective is important as it concerns the European area of freedom, security and justice, protecting citizens being a fundamental objective of the Union. The paper will consider the terms and concepts mostly legal and will focus on the areas of international police and judicial cooperation. The approach used by the authors is, in essence, from a legal perspective, being used research methods like study and observation. The result of research leads to the conclusion that international judicial cooperation in criminal matters is complex, requiring the transposition into national law of a larger number of EU legal acts compared to international police cooperation. The paper may have implications in the activity of institutions which have attributions in the fields above-mentioned, but can be useful for people interested in the evolution of internal legal documents. Essentially, the work highlights the need for giving up legal national pride for the best possible cooperation of the member States authorities with responsibilities in both areas. [ABSTRACT FROM AUTHOR]
- Published
- 2017
29. The Role of Personifying Metaphors in English and Romanian Legal Texts.
- Author
-
Jumanca, Romaniţa
- Subjects
- *
LEGAL documents , *LEGAL language , *CIVIL law , *COMMERCIAL law , *CRIMINAL law , *LAW - Abstract
This paper attempts to carry out an analysis of metaphors in a corpus of legal documents, within the theoretical framework of the cognitive metaphor theory as conceived by . There is a notable use of conceptual metaphors and framings in the law we live by which, undoubtedly, have a major impact on the way millions of people in the world act and react in their attempt of decoding legal messages. Since metaphors are basically cognitive constructs, their meaning can be grasped only through a process of transfer of significance from a source domain to a target one, leading thus, to an interpretation of the legal discourse. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
30. RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS.
- Author
-
Bobei, Radu Bogdan
- Subjects
ARBITRATION & award ,CONVENTION on the Recognition & Enforcement of Foreign Arbitral Awards (1958) ,CIVIL procedure ,LEGAL pragmatism ,LEGAL documents ,RECIPROCITY (Commerce) - Abstract
Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2014
31. MATRIMONIAL REGIMES IN THE NEW ROMANIAN CIVIL CODE.
- Author
-
Florin Moldovan, Iosif
- Subjects
MATRIMONIAL actions (Law) ,MARRIAGE ,LEGAL documents ,SPOUSES - Abstract
The matrimonial regime represents the entirety of the legal provisions concerning the property relations between spouses during marriage, as well as the legal documents they conclude with other people, governing a (measurable) patrimonial asset. In addition to the legal community regime, with the adoption of the new Romanian Civil Code two new matrimonial regimes were introduced, namely the regime of property separation and the regime of the conventional community. Where the two spouses opt for one of the other two regimes, instead of the legal community regime, it is necessary that they should sign a marital agreement. [ABSTRACT FROM AUTHOR]
- Published
- 2013
32. Statistica oficială în România - prevederi legislative şi principii fundamentale.
- Author
-
SACALĂ, Cristina and GÂLCEAVĂ, Ioan B.
- Subjects
STIPULATIONS (Pre-trial procedure) ,ACQUISITION of data ,LEGAL documents ,STATISTICS - Published
- 2013
33. Legal Translation through the Distorted Lens of Culture: An English—Romanian Case Study.
- Author
-
NADRAG, Lavinia, BUZARNA-TIHENEA, Alina, and STAN, Alina
- Subjects
- *
LEGAL terminology , *LEGAL documents , *CIVIL liability , *LEGAL language , *EUROPEANIZATION , *TORT theory - Abstract
Nowadays, due to the complexity the legal language, a great number of the members of the public do not fully understand important documents governing their rights and obligations, the opinions and decisions expressed by a court or by a tribunal, the regulations and norms embodied in a statute, or the provisions specified in a contract. The need to clarify legal terminology and terminological differences becomes a more and more urgent issue, imposed by factors such as the context of globalization, the necessity to harmonize the legislation at the level of the European Union, the complexity of economic, social and political elements which have a deep impact on the legal field, the need for rapid and efficient resolutions of litigations, especially at international level. Over the last years, experience has shown that the domain of tortious liability has become the result of lobbying work for harmonization, being performed both by lawyers and academics. The main question is whether Europeanization will be accomplished in the domain of tortious liability, and how will this be achieved, given the diversity of legal systems and procedures across Europe. In this article, several aspects of the new tort law have been analyzed, for its better understanding and translation. Firstly, a brief overview of the tort law provisions of the Romanian New Civil Code was given. Secondly, a more detailed examination of Chapter IV on Civil liability of the Civil Code was provided, in order to better clarify the legal terminology and terminological differences within this legal area. [ABSTRACT FROM AUTHOR]
- Published
- 2012
34. ABOUT THE LEGAL NATURE AND THE LEGAL EFFECT OF THE CENSURE MOTION WITHIN THE CONSTITUTIONAL LAW SYSTEM IN ROMANIA.
- Author
-
CHIRIAC, Lucian
- Subjects
- *
NO confidence motions , *CONSTITUTIONAL law , *PARLIAMENTARY practice , *LEGAL documents , *ADMINISTRATIVE acts - Abstract
The parliamentary procedure of the censure motion has as a generator the legal document itself, known as such, which produces political effects (the vote of noconfidence leads to the demission of the Government) and also legal consequences (to the extent that a normative administrative act is the subject of the motion it is repealed by default or it requires the elaboration and issuance of a repealing act). [ABSTRACT FROM AUTHOR]
- Published
- 2012
35. NATURA JURIDICĂ A RAPORTULUI DE INSPECŢIE FISCALĂ.
- Author
-
Cilibiu, Octavia Maria
- Subjects
VALUATION of real property ,DEEDS (Law) ,LEGAL documents ,FISCAL policy ,ADMINISTRATIVE law - Abstract
The study thus entitled draws the conclusion that the fiscal inspection report, as a deed preceding the issuance of the notice of assessment, cannot form the object of an action in the fiscal and administrative contentious neither severally nor jointly with the fiscal and administrative document, as erroneously resolved, in some occasions, by the Section of Administrative and Fiscal Contentious of the High Court of Cassation and Justice. [ABSTRACT FROM AUTHOR]
- Published
- 2012
36. MECANISME DE ORGANIZARE ŞI FUNCŢIONARE A INSTITUŢIEI PREFECTURII ÎN CLUJUL INTERBELIC.
- Author
-
Zoltán, Györke
- Subjects
- *
ADMINISTRATIVE law , *WAR , *LEGAL documents , *CONSTITUTIONS , *PUBLIC administration - Abstract
Similar to all the other prefectures in Transylvania, Banat, Crisana, Satmar and Maramureş, the Cluj County prefecture worked, until January 1, 1926, within the framework of the Hungarian administrative laws in force on December 1st, 1918. Therefore, after six years of Austro-Hungarian legal continuity, the Cluj prefecture took the shape and size imposed successively by institutional models, by laws and regulations on internal organization, but also by the will, sometimes discretionary, of the 15 prefects with various professions and personal political ambitions who represented the government here. We will limit ourselves here to study the 1923-1938 interval, since it corresponds to the period when the main administrative laws were adopted (1925, 1929, 1936, 1938), then the Constitution and, importantly, the first legal document that attests a change in the de facto unified administration, namely the law on civil service status. The year 1938 also ended the period during which, for two decades, the 25 Romanian governments implemented their own models of running the administration. The administrative laws of 1925, 1929 and 1936 were followed by reorganization of structures within the county of Cluj prefecture, but brought no major changes of content. For a more efficient functioning of the prefecture, the institution of delegation was often used, by means of which the prefect delegated his county duties to the deputy prefect. The work is based mainly on original sources, detected from archival research, bringing to light unknown or less clarified instances of the past of Cluj prefecture between the two world wars. [ABSTRACT FROM AUTHOR]
- Published
- 2012
37. LEX FERENDE MEASURES REGARDING MINOR CHILD PROTECTION IN ROMANIA.
- Author
-
MATEI, C. G. and ADAM, R. A.
- Subjects
- *
CHILD welfare , *LEGAL documents , *PARENT-child legal relationship , *CHILD care , *ADOPTION , *PARENTS - Abstract
Paradoxically, according to the legislation in force, the consent is mandatory even when the parental rights of the parents were terminated, what empties of content the very institution of parental rights termination and the efficiency of imposing such a measure in practice. Consequently, in cases when the parent displays obvious lack of interest, bad-faith and no intent of caring for the child, lex ferenda legal provisions should be in place such as to allow imposing adoption without parental consent. [ABSTRACT FROM AUTHOR]
- Published
- 2012
38. INFLUENŢA NOILOR REGLEMENTĂRI DIN DOMENIUL CADASTRULUI ŞI PUBLICITĂŢII IMOBILIARE ASUPRA ACTIVITĂŢILOR DE AMENAJARE A TERITORIULUI ŞI URBANISM.
- Author
-
Minea, Elena Maria
- Subjects
- *
CADASTRES , *REAL property , *ADMINISTRATIVE responsibility , *LEGAL documents , *PROPERTY rights , *TAXATION , *SAVINGS , *COMMERCIAL documents - Abstract
Cadastre and real estate advertising are two well shaped fields, which define and condition each other, forming an integrated system of property records and legal documents related thereto. Through this system, specific data is meant to be collected and various objective information is provided, regarding the buildings and land in general. Their purpose is serving the state and the holders of rights, in order to defend and guarantee real rights (essentially, property), as well as the establishment of fair taxes. Any modern state with a democratic regime, in a world with a modern economy cannot be perceived as such without an effective system of cadastre and real estate advertising, system which became, through its important functions, mandatory. [ABSTRACT FROM AUTHOR]
- Published
- 2010
39. Freedom of the Press -- A Component of Freedom of Expression.
- Author
-
Iancu, Daniela Valeria
- Subjects
FREEDOM of the press ,PLURALISM ,LEGAL documents ,DISCRIMINATION (Sociology) ,POLITICAL doctrines - Abstract
The democratic development of a specific society implies the pluralism of ideas and conceptions about the world and life, about social organization, about the relations between the members of the society. As social beings, people need to receive ideas and information and to express, in any form possible, their own ideas and conceptions. That is why the right to freedom of expression and implicitly the freedom of press is a component guaranteed by the international legal documents in the matters of human rights. [ABSTRACT FROM AUTHOR]
- Published
- 2010
40. Alexandru Şafran and the Unfinished Shoah in Romania. Collection of documents (1940-1944).
- Author
-
Faur, Antonio
- Subjects
- *
ARCHIVES , *DIPLOMATICS , *GOVERNMENT publications , *LEGAL documents , *DISCOURSE analysis - Published
- 2011
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