Current Issues in Business Law
Current Issues in Business Law
Contributions to the 8th International Conference Perspectives of Business Law in the Third Millennium, November 16, 2018, Bucharest
Contributor(s): Kristīne Strada-Rozenberga (Editor), Maria do Rosario Anjos (Editor)
Subject(s): Law, Constitution, Jurisprudence, Law and Transitional Justice, Law on Economics, Commercial Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: business law; private law; public law; European law;
Summary/Abstract: This volume contains the scientific papers presented at the Eighth International Conference „Perspectives of Business Law in the Third Millennium” that was held on 16 November 2018 at Bucharest University of Economic Studies, Romania. The scientific studies included in this volume are grouped into three chapters: National and International Business Law, Business and Corporate Criminal Law, Labor Law in Business Context. The present volume is addressed to practitioners, researchers, students and PhD candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at international and national level.
- E-ISBN-13: 978-606-94312-5-2
- Page Count: 234
- Publication Year: 2018
- Language: English
The Relationship Between Environmental Protection and Economic Growth from the Perspective of Sustainable Development
The Relationship Between Environmental Protection and Economic Growth from the Perspective of Sustainable Development
(The Relationship Between Environmental Protection and Economic Growth from the Perspective of Sustainable Development)
- Author(s):Lucreţia Dogaru
- Language:English
- Subject(s):Law on Economics
- Page Range:11-20
- No. of Pages:10
- Keywords:economic development; environmental protection; sustainable development; economic decision-making, environmental policies;
- Summary/Abstract:The use of the natural resources of the environment for the purpose of economic development, ignoring the maintenance of ecological equilibrium and triggering irreversible negative environmental phenomena, has generated, at the level of theory and also at the level of environmental policies, disputes, concerns and initiatives. Outlining the idea of economic development in close connection with that of sustainable development of the environment was aimed at identifying solutions and setting objectives to solve the complex problems that concern the quality of life and the environment. Starting from the concept of sustainable development of the economy, we try to prove that the exploitation of resources and the quality of the environment implies a gradual process imposed by the existing realities, but also by the objectives of the strategies or policies of environmental protection at national and external level. In this paper we will show that the new orientation of the economy, namely towards a sustainable development, requires the realization of a process of economic growth that must take place in the conditions of ensuring the social welfare of the population, but which must be correlated with ensuring the preservation of the environment and of its natural resources. The basic idea that must be retained is that the environmental protection is not only necessary but is also extremely important, such as is, as well, the economic growth, as it must be seen as a way of supporting human development which, from a sustainable standpoint, has at the center of its priorities, the human being. The present study attempts to demonstrate that the solving of economic problems involves taking into account ecological problems that can generate negative consequences for the quality of human life and of the environment, so that any economic decisions must be made in accordance with the ecological aspects.
Complex Legal Institutions with Relevant Effects on the Professional Activity
Complex Legal Institutions with Relevant Effects on the Professional Activity
(Complex Legal Institutions with Relevant Effects on the Professional Activity)
- Author(s):Valeria Gheorghiu
- Language:English
- Subject(s):Civil Law, Commercial Law
- Page Range:21-29
- No. of Pages:9
- Keywords:professional; contract; current account; current bank account; client; bank;
- Summary/Abstract:The Romanian contemporary society imposed a profound transformation of many traditional legal institutions. From this perspective, one cannot overlook the profound change brought by the current Civil Code in contractual matters, namely the unification of the legal regime for civil contracts and commercial contracts. In the context of the assimilation of European values, the adoption of the monist system of regulation on the contractual domain by the Civil Law was imposed by the fundamental transformations of the entire economic life in Romania and of all the relations having a patrimonial character from the Romanian society. In this study we will stop on the legal regime applicable to contracts that are particularly interested in banking activity: current account contract, current banking contract and other bank contracts. The contractual freedom allowed to legal subjects to conclude current account contracts is exploited by banking institutions, both at the end and during their execution. The lack of legal protection for clients in general and for professionals in particular generates bargaining imbalance and additional contractual power for banking institutions. The impact of legislative amendments to former business, business, financial and banking activities on the realities of everyday life, beyond all doubt, is overwhelming and visible, with decisive macro-social effects.
Features of Non-Executive Directors' Fiduciary Duties
Features of Non-Executive Directors' Fiduciary Duties
(Features of Non-Executive Directors' Fiduciary Duties)
- Author(s):Adina Ponta
- Language:English
- Subject(s):Commercial Law
- Page Range:30-49
- No. of Pages:20
- Keywords:duty of care; duty of loyalty; duty of oversight; non-executive director; executive director; supervisory board;
- Summary/Abstract:Among the influences of the 2007 financial crisis on corporate governance, the developing role of non-executive directors and their expanding duties require particular attention. By nature of their function, non-executive directors mitigate risks determined by information shortcomings between shareholders and managing directors, on the assumption of effective exercise of their duty of oversight. However, this subsidiary duty is not within the essence of non-executives’ role, the same perspective being reflected in statutory rules of several European countries. This paper will examine the particularities of non-executive directors' fiduciary duties, incorporated from common law doctrine, by providing a comparative overview of EU member state approaches. The paper will pursue the evolution of the non-executive function in continental law and examine recent European studies, which extend the scope of non-executive directors’ duty of care. The objective is to demonstrate that fundamental differences between national regulations are determined by different understandings of the function of non-executive directors, for example, subsets of their fiduciary duties are divided in Romanian corporate governance between different managing bodies of the company.
Content and Organization of the Extrastatutory Conventions
Content and Organization of the Extrastatutory Conventions
(Content and Organization of the Extrastatutory Conventions)
- Author(s):Andreea Purcea – Rezeanu
- Language:English
- Subject(s):Civil Law, Commercial Law
- Page Range:50-56
- No. of Pages:7
- Keywords:extrastatutory conventions; organization; content; blocking sindicates; vote unions;
- Summary/Abstract:The theme "The content and organization of extrastatutory conventions" is a rare topic both in Romanian legislation and in doctrine and jurisprudence. This theme is a subject proposed to clarify and bring novelties into the sphere of commercial law. The main objectives are to provide a clear, well-defined framework for the organization and content of these atypical contracts (extra-statutory conventions). Due to the complexity of the field, the research will be outlined on the compatibility of these conventions if they have the capacity to anchor the corporate market, effervescence and transparency. The work involves the rich and complex presentation of the theoretical and unidentified aspects in the literature, analyzing the practicalities of the Community law. The legal research will aim at gathering the principles, issues of the stages, methods, techniques and tools of investigation and scientific knowledge of legal phenomena, playing an important role in the final outcome of the project. The actual research will consist of documenting, debating and proposing solutions to problems and gaps in both doctrine and legislation and jurisprudence. These conventions are the civilized way of confronting the freedom of contracting associates, the particular or fractional interests of the associates in society, finding the appropriate instrument for extrastatutory conventions.
The Powers and Duties of the Fiduciary
The Powers and Duties of the Fiduciary
(The Powers and Duties of the Fiduciary)
- Author(s):Günay Duagi
- Language:English
- Subject(s):Civil Law, Commercial Law
- Page Range:57-70
- No. of Pages:14
- Keywords:fiducia; fiduciary’s powers; fiduciary’s duties; fiduciary; fiduciary agreement; Romanian Civil Code;
- Summary/Abstract:Fiducia is undoubtedly one of the most innovative institutions introduced by the New Civil Code and the fiduciary is on its turn the main actor in this institution. An analysis of the fiduciary's powers and duties is essential to perceive correctly the mechanism of the fiduciary relations. The most important power held by the fiduciary is given by the ownership of the fiduciary property. This right is absolute under the law, but it is nevertheless circumscribed to the obligations held by the fiduciary under the fiduciary contract. In addition, among the rights of the fiduciary, we also mention the administration and decision power in relation to the fiduciary assets in favour of the beneficiary. Also, the right to remuneration should not be ignored, especially in view of the fiduciary’s professional position. As regards the obligations of the fiduciary, the most important is the one mentioned in the very definition of fiducia, namely the obligation to manage the fiduciary assets for and in favour of the beneficiary. The fiduciary also is held accountable and must inform both third parties and the parties to the fiduciary contract about the position in which he operates. Both the powers and duties of the fiduciary are "intertwined" to form the "fabric" within which it operates.
Accounting Records as Evidence in Civil Litigation in the Republic of Bulgaria
Accounting Records as Evidence in Civil Litigation in the Republic of Bulgaria
(Accounting Records as Evidence in Civil Litigation in the Republic of Bulgaria)
- Author(s):Atanas Ivanov
- Language:English
- Subject(s):Civil Law
- Page Range:71-76
- No. of Pages:6
- Keywords:accounting records; document; proof; evidence; presumption; proving; civil proceedings; legal procedures;
- Summary/Abstract:Accounting record is a document, and the document is evidence which is necessary to prove real past facts. Considering the difference between the moment of adjudgement and the moment of realization of the facts relevant for the dispute, it is necessary to establish these facts through their sources – namely, through evidence. The document is taken as an item on which a statement of specific facts is materialized through written or electronic signs. Legal meaning gives reference of the document – it is not the document itself which is assessed, but whether the document can be used as evidence in a specific case. That is why, it does not make any difference whether the statement is legally relevant or not, and what does not make any difference with the legally relevant statement is its type.
Legal Significance of Commercial Books under the Bulgarian Law
Legal Significance of Commercial Books under the Bulgarian Law
(Legal Significance of Commercial Books under the Bulgarian Law)
- Author(s):Raya Ilieva
- Language:English
- Subject(s):Commercial Law
- Page Range:77-84
- No. of Pages:8
- Keywords:commercial books; legal significance; bookkeeping; traders; Соmmercial law;
- Summary/Abstract:The article aims to analyse the legal importance of the commercial books a trader is required to keep in their business. At the same time, the study questions the role of these ledgers, the functions they perform, and their probative force in disputes between traders.
Free movement of capital and payments in the European Union, the result of successive regulations
Free movement of capital and payments in the European Union, the result of successive regulations
(Free movement of capital and payments in the European Union, the result of successive regulations)
- Author(s):Adriana Moţatu
- Language:English
- Subject(s):EU-Legislation, Commercial Law
- Page Range:85-92
- No. of Pages:8
- Keywords:capital; payments; free movement; liberalization; tax measures; directive;
- Summary/Abstract:The first part of the paper presents the distinction between the concepts of "capital movement" and the circulation of payments. The principle of free movement of capital and payments does not require the adoption of additional regulations at national level and is therefore directly applicable in the member countries. The second part of the paper deals with the legislative framework of the two freedoms in its evolution, according to the Treaties of the European Union and the directives in field.
Implementation of the Agreement-Based EU Single Market System and Its Implications if Applied in ASEAN
Implementation of the Agreement-Based EU Single Market System and Its Implications if Applied in ASEAN
(Implementation of the Agreement-Based EU Single Market System and Its Implications if Applied in ASEAN)
- Author(s):Banyu Biru Adilegowo, Zippo Surya Putra
- Language:English
- Subject(s):International Law, Law on Economics, EU-Legislation
- Page Range:93-106
- No. of Pages:14
- Keywords:Asean; European Union; Single Market; Treaty; Legal Dispute Settlement; Economic Intergration;
- Summary/Abstract:Asean Economic Community is a community built in 2008 by Asean States Members. One of the purpose is to accelerate the regional economy development. As implemented in European Union, System on Single Market was built by International Agreement signed by states in EU. Nevertheless, EU has European Court Justice to solve any dispute that could be arise from the agreement, but unfortunately Asean has no any court to solve any legal settlement dispute toward the agreement. Here, we apply a library and normative research due to our paper. We acknowledge that Asean Economic Community is not a replica from European Economic Community. Moreover, we insist that it's crucial to carefully control the application of Single Market System of Asean Economic Community. Vacuity of legal dispute settlement in Asean could be a big question about how Asean would solve any dispute in the future from the application of the Single Market System.
In international business disputes concept of claiming and awarding damages for breach of contract
In international business disputes concept of claiming and awarding damages for breach of contract
(In international business disputes concept of claiming and awarding damages for breach of contract)
- Author(s):Harsh Pathak
- Language:English
- Subject(s):International Law, Commercial Law
- Page Range:107-115
- No. of Pages:9
- Keywords:international business disputes; claiming; damages; breach of contract;
- Summary/Abstract:The purpose of introducing this topic through this paper is to give an overview regarding the world’s trade and the complexities involved in international trade dispute res-olution. The paper elaborates upon the damages which a party shall seek from the other party due to breach of business contract. This paper is aimed to help academicians and professional in understanding the different types of damages pertain to international business disputes. How to effectively identity and calculate the damages which can be applicable to a given dispute, so that the claim for damages can be duly substantiated to get them as award. The damages are claimed and awarded in several ways mainly such as “compensatory damages”, “punitive damages”, “liquidated damages”, “exemplary damages” and “statutory damages” and several other methods. This paper also elaborates upon other methods of dispute redressal in the form of, “Specific Performance” (where the party causing injury or breach is asked to complete his promise) and “Rescission of contract” (where the parties to the contract can back-out from the contractual obligation with mutual consent and without causing injury to either party) and lastly in the form of “Quantum Meriut” (where the party to contract has done some work under an agreement and the other party disputed the agreement, or some event occurs which makes the further execution of the agreement impossible, then in such a case the party who has already performed the work, shall claim payment for the work already performed). Further , this write-up deal’s with the interest compo-nent that shall be levied upon such damages at the time of redressal of the damages claimed.
The Value of Privacy: What Does the Personal Data Mean to the Data Subject and Businesses?
The Value of Privacy: What Does the Personal Data Mean to the Data Subject and Businesses?
(The Value of Privacy: What Does the Personal Data Mean to the Data Subject and Businesses?)
- Author(s):Andreea Şerban
- Language:English
- Subject(s):Human Rights and Humanitarian Law, EU-Legislation, Commercial Law
- Page Range:116-125
- No. of Pages:10
- Keywords:privacy; general data protection regulation; personal data; data as commodity; profiling;
- Summary/Abstract:In a world where technology is progressing at a very fast pace, it is up to the legislator to come up with creative legal instruments that can answer to the newest and most challenging issue that arose and can arise in practice. In the past decades, privacy has become an important resource for the growing businesses or for the ones already renowned in the market that look for a way of expanding their activity. Knowledge is power, data is money – this phrase is representing the core of the present and upcoming companies that wish to develop or distribute their products. The personal information of natural persons are being targeted and used for determining the future and the direction of the market and interest in products and services. Through the present study we shall look at how privacy has been perceived over time, reflected in relevant jurisprudence and legal acts and how it is now understood by both the data subject and the controller. We will study a case that captures the observed practices of obtaining the consent of the data subject for data processing in return for access to certain services, also answering to the following question: is there a value-for-money relationship between the personal data and the benefits received in exchange of processing of information? This paper will cover the issues of monetized privacy and protection of personal data used in trade and commercial businesses, as well as the impact of the European legislation on such activities.
Abuse of a Dominant Position
Abuse of a Dominant Position
(Abuse of a Dominant Position)
- Author(s):Ovidiu Horia Maican
- Language:English
- Subject(s):EU-Legislation, Commercial Law
- Page Range:126-132
- No. of Pages:7
- Keywords:dominant position; abuse; competition; relevant market;
- Summary/Abstract:Several elements can be considered that lead to configuring the specificity of abuse of a dominant position in a competitive context. The Court of Justice has defined the dominant position referred to in art. 82 (ex 86) EC as a "position of economic power in which there is an undertaking which enables it to hinder effective competition in order to be maintained in a relevant market in order to give it the power to behave independently of its competitors, its customers and, ultimately, consumers".
About the Material Object of Offenses in the Field of Arms and Munitions in the Criminal Law of Romania and the Republic of Moldova
About the Material Object of Offenses in the Field of Arms and Munitions in the Criminal Law of Romania and the Republic of Moldova
(About the Material Object of Offenses in the Field of Arms and Munitions in the Criminal Law of Romania and the Republic of Moldova)
- Author(s):Aurel Octavian Pasat
- Language:English
- Subject(s):Criminal Law
- Page Range:134-150
- No. of Pages:17
- Keywords:firearm; ammunition; material object; criminal offence; criminal law; illicit trafficking in weapons and ammunition;
- Summary/Abstract:This scientific article aims to formulate de lege lata findings and de lege ferenda recommendations obtained through the comparative analysis of criminal and extrapenal legislation in Romania and the Republic of Moldova, as well as through the synthesis of international regulations in the field, to clarify the legal nature of the object material of offenses in the field of weapons and ammunition regime. The normative basis of this study is made up of the criminal and extrapenal legislation of Romania and the Republic of Moldova, as well as the international normative basis at European level. Following the study, several legislative shortcomings were identified that are being removed for improving internal legislation as well as for better cooperation in preventing and combating illicit trafficking in arms and munitions. Methods of research have been chosen systemic method, comparative method, analysis and synthesis. The author analyzed the criminal and extrapenal rules in comparative plan (Romania, Republic of Moldova), identified some gaps in the legal technique and demonstrated the necessity of reviewing some legislative concepts that will ultimately contribute to the reconceptualization of the criminal law in force.
Commercial Companies in the Criminal Trial
Commercial Companies in the Criminal Trial
(Commercial Companies in the Criminal Trial)
- Author(s):Ramona Mihaela Coman
- Language:English
- Subject(s):Criminal Law, Commercial Law
- Page Range:151-157
- No. of Pages:7
- Keywords:commercial companies; criminal trial accused; civilly liable party;
- Summary/Abstract:The accused or the civilly liable party? What is the position of a commercial company in a criminal trial? If in the case of certain offenses the answer is quite clear, in the case of crimes like tax evasion or money laundering, the practice is not unitary. The article analyzes the cases in which the criminal liability of a company can be engaged, as well as the effect generated by the role that the prosecutor sets for the company- as criminally or civilly liable party- in the case of criminal offenses such as tax evasion.
Corruption – Aggravated Cause of Violations of the Rule of Law
Corruption – Aggravated Cause of Violations of the Rule of Law
(Corruption – Aggravated Cause of Violations of the Rule of Law)
- Author(s):Andrada Nour
- Language:English
- Subject(s):Criminal Law
- Page Range:158-170
- No. of Pages:13
- Keywords:corruption; organized crime; law; economics; public administration; political power;
- Summary/Abstract:The theme of this paper is to identify and analyze the causes and the effects of the corruption, antisocial behaviors that can be identified as having both national and supranational dimension. Although the study of this phenomenon is a concern manifested long both domestically and internationally, we believe that, from the point of view of its implications, is a theme that not only it can never be exhausted, but it presents a real use, especially in the context of a comprehensive process of prevention and combat of the antisocial manifestations, in order to maintain stability and the rule of law. In carrying out this work we used methods of research devoted to documentation, method: comparative method, analytical method, logical method, setting out the allegations on my opinions expressed in doctrine. Comments and personal opinions of entire scientific approach will, which would prove to be incomplete in their absence. I could not conclude this study without expressing some opinions regarding possible solutions that could be envisaged to stop or at least to minimize the risks.
Special or Extended Confiscation During the Criminal Trial in Romania
Special or Extended Confiscation During the Criminal Trial in Romania
(Special or Extended Confiscation During the Criminal Trial in Romania)
- Author(s):Daniela Cristina Valea
- Language:English
- Subject(s):Criminal Law
- Page Range:171-182
- No. of Pages:12
- Keywords:special confiscation; extended confiscation; asset freezing; trial; rights of defendant;
- Summary/Abstract:In the field of the Romanian Criminal trial, especially regarding the serious defences, judiciary body may order asset freezing, in order to avoid concealment, destruction, disposal or dissipation of the assets that may be subject to special or extended confiscation or that may serve to secure the penalty by fine enforcement or to pay court fees or to compensate damages caused by the committed offense. A general legal frame has provide by art. 112 and 1121 Criminal Code, art. 249-253 Criminal Procedure Code. For a clear outline of the special or extended confiscation, including the fact that such aspects may prejudice the rights of the defendant or could interesting entire criminal trail, must take into consideration the provisions and guarantees provided by the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention), and also the Romanian Constitutional Court’s jurisprudence or the High Court of Review and Justice decisions regarding the motion of appeal in the interest of the law.
Performance and Collective Dismissals – an Evaluation of the Legal Practice on the Subject Matter
Performance and Collective Dismissals – an Evaluation of the Legal Practice on the Subject Matter
(Performance and Collective Dismissals – an Evaluation of the Legal Practice on the Subject Matter)
- Author(s):Ioana Cristina Cristescu
- Language:English
- Subject(s):Law on Economics
- Page Range:184-195
- No. of Pages:12
- Keywords:labor law; collective dismissal; employee selection process; performance criteria;
- Summary/Abstract:The concept of performance, in principle, implies a subjective assessment of the quality of work and the extent to which the "winning behaviors” are manifested by use of knowledge, skills and abilities by the employee in the process of work. In this context, it seems surprising to find within the amendment in 2011 of the collective dismissal procedure stipulated by the Labor Code some stages and concepts linked to performance within the work frame of the dismissal regulated by art. 65 et seq of the Labor Code. Although, essentially, is a type of objective dismissal based on the removal of the employee's working place for one or more reasons unrelated to his or her person, the redundancy may be influenced during the collective dismissal process by subjective elements associated to performance concept. Such subjective elements are present both at the stage the assessment of goals achievement and at the stage of applying the criteria for prioritizing the dismissals by application of performance criteria or traditional social criteria. The hybrid nature of the selection criteria within the collective dismissal procedure is also highlighted by the recent legal practice, which begins to reveal the increase of the consciousness of legal science over that of human resources management and leads to the development of a new, complex and interesting judicial practice. This article aims to initiate a broader study of the interference of these two domains, surprising the impact of performance in targeted redundancies regulated by labor law.
Teleworking
Teleworking
(Teleworking)
- Author(s):Raluca Anderco
- Language:English
- Subject(s):Law on Economics
- Page Range:196-202
- No. of Pages:7
- Keywords:labor market; teleworking; individual employment contract; European legislation;
- Summary/Abstract:The Law no. 81/2018 of teleworking refers to specific professions such as brokers, sales agents, employees involved in social media activity, analysts, programmers, accountants, financial and tax consultants, translators, etc. Teleworking is the form of work organization in which an activity that may be performed within the workplace organized by the employer is carried out by an employee, from a distance from this location, on a regular and voluntary basis, at least one day per month, using information and communications technology, based on an individual employment contract or an additional act. Prior this Law, the legal possibility an employee could work somewhere else than employer’s place, were by working at home, detachment or delegation agreement, or by signing a mobility clause. Teleworking regulation is in line with European legislation, responding to labor market needs and demands, but the application of teleworking legislation will raise problems, especially regarding the activities in the norms of safety and health at work and in terms of highlighting the hours provided by teleworkers and the controls performed by the representatives of the competent authorities.
The Role of the International Labour Organization (ILO) in Protecting Workers' Rights
The Role of the International Labour Organization (ILO) in Protecting Workers' Rights
(The Role of the International Labour Organization (ILO) in Protecting Workers' Rights)
- Author(s):Ibrahim Al-Haj-Eid
- Language:English
- Subject(s):International Law, Human Rights and Humanitarian Law, Law on Economics
- Page Range:203-216
- No. of Pages:14
- Keywords:labor; International Labour Organization; employers; workers;
- Summary/Abstract:In this article, we study about (ILO), The organization worked on ensuring labor rights and freedom, which ensures them practicing their rights at work in favorable condition, and enables them to benefit from this rights. When other states joining the organization obligate it, according to the constitution, to accept all the commitments written in this constitution. The research is based on analytical materialism and other research methods such as the dialectical, historical, descriptive, predictive and jurisprudence. The international labor organization was able to overcome the conflict of jurisdiction, which often happens between the countries and international organization for protecting human rights, because they derive their legal title in practicing their activities primarily of its constitution, which is characterized by the integrity of its provisions on the eternal law of member states, and this supervisory role does not contradict with the principle of non-interference in the country’s internal affairs or the sovereignty of the state, for the state members have willingly accepted joining the organization, and they have full knowledge of the commitments that follows after they join.
Issues on Discrimination in Matters of Remuneration. Case Study
Issues on Discrimination in Matters of Remuneration. Case Study
(Issues on Discrimination in Matters of Remuneration. Case Study)
- Author(s):Dragoş Lucian Rădulescu
- Language:English
- Subject(s):Human Rights and Humanitarian Law, Law on Economics
- Page Range:217-227
- No. of Pages:11
- Keywords:discrimination; criteria; constitution; salaries; institutions;
- Summary/Abstract:The existence of issues concerning discrimination in the employment legal relationship requires the application of acts or facts which have as their object direct or indirect discriminatory actions. These apparently neutral acts are susceptible of promoting different legal and prejudicial treatments to individuals found in legal situations considered comparable. Practically, procedures that have the ultimate effect of breaching the principle of equal treatment and non-discrimination fall into a state of non-realization of the full use of workers’ fundamental rights and freedoms, which has led to the necessity of introducing elements aimed in particular at defining the phenomenon, with an extension to the introduction of justified discrimination requirements. The integration and combating of the discrimination phenomenon in the legal relations of labor under the laws of the Member States of the European Union, the acceptance of the limitations in the judicial practice, the involvement of the doctrine, have determined a constant process of evolution and analysis of the phenomenon, in parallel with the extension of the discrimination criteria application, in order to limit the restriction of the fundamental rights. The article presents issues regarding the special legal norms established to be applied in matters of remuneration with respect to the public institutions, as well as their correspondence with the regulations regarding the protection of fundamental rights and freedoms in the field of legal labor relations.
Good Faith in Exercising the Work Reports by the Contract Personnel in the Public Sector
Good Faith in Exercising the Work Reports by the Contract Personnel in the Public Sector
(Good Faith in Exercising the Work Reports by the Contract Personnel in the Public Sector)
- Author(s):Narcis Godeanu, Ionel Florian Lixandru
- Language:English
- Subject(s):Law on Economics
- Page Range:228-234
- No. of Pages:7
- Keywords:good faith; budget personnel; employees; civil servants; dignitaries; oath; service reports; work relations;
- Summary/Abstract:The present study aims to analyze how good faith is reflected in the exercise of legal employment or, where appropriate, service relationships, of staff within public authorities and institutions. We have in mind all the categories of such persons, which are mentioned in the legislation and not only by the phrase "budgetary personnel", in which we also include contractual staff, civil servants and dignitaries. In all cases, it is necessary to regain good faith but, in particular, it is revealed to the holders of public functions and dignities. This follows expressly from the wording of Article 54 of the Constitution, which obliges the citizens entrusted with public functions, as well as the military, to fulfill their obligations in faith, in which purpose they take the oath prescribed by law.
