Books and Journals › Procedural Law

• Union of Jurist of Romania Law Review

Strategies for managing the ways to approach, manage and resolve conflict are, without a doubt, truly advanced techniques for practical approach to conflict. By applying these strategies, conflicts can be mediated that have become over time crises and the consumption of human and emotional resources have already reached a very high level.

• Acta Universitatis Danubius. Juridica

The role of expertise in criminal proceedings is becoming more and more important. Achievements in different sciences are allowing the results of expertise and experts’ opinions to be handled by courts as evidence equivalent to other evidence, in order to lighten a particular criminal case. For the purpose of harmonizing with international practice, the standards that apply to expertise under the

• Acta Universitatis Danubius. Juridica

States in transition and which are building state mechanisms face numerous challenges and problems. Among challenges that Kosovo face is building a legal system which should be in accordance with universal legal values. In order to strengthen the legal system have been foreseen also various supportive mechanisms in terms of completing the system and reflecting on a more efficient judicial system.

• Tribuna Juridica

In this study, the procedural aspects regarding the way of applying the patrimonial liability to labour law will be analysed. The non-regulation of a procedure in this matter by the legislator represents a legislative lacuna that can be corrected either by de lege ferenda by amending the Labour Code, or by the social partners according to the legal provisions in the matter. In this study,...

• Perspectives of Law and Public Administration

This present study treats some aspects regarding the exercise of public office, from the perspective of criminal law and criminal procedural law. The violation of criminal legal norms, including by civil servants, leads to the appearance of one right conflict, the solution of which presupposes to draw the criminal liability of the perpetrator, following the deployment of a whole of activities...

• Union of Jurist of Romania Law Review

On the occasion of Vienna Arbitration Days 2018 which took place on 19-20 January 2018, I was invited to be a Roundtable moderator for the second day, organized as a World Café of several tables with trendy topics that are much debated and considered nowadays actual and of interest for the arbitration community. I proposed that my Roundtables’ topic to be about diversity in arbitration as the...

• Tribuna Juridica

The principle of law of the availability implicitly includes the possibility granted by the lawmaker to the parties to perform proceeding disposition acts. As regards relinquishing the legal action, the Civil Procedural Code applicable to date included, in art. 406, para. 5, an apparently irrelevant amendment; however, the jurisprudence shows this cannot go ignored, as the premises of party...

• Union of Jurist of Romania Law Review

The commencement of the arbitral proceedings is a complex and important phase of any arbitration, since establishes the main boundaries of the litigation process. The arbitration’s commencement requirements are extensively addressed by the procedural rules of the arbitration institution designated by the parties to organize the resolution of their dispute. Whenever the arbitration is not...

• Acta Universitatis Danubius. Juridica

Mediation is the most amicable alternative dispute resolution method, not mentioning such advantages as confidentiality, opportunity for the parties to find mutually beneficial solution by themselves and possibility for the parties to presume good relationships after reaching a consensus. In order to end up with consensus, mediation process has to be built on the skills and expertise of a...

• Acta Universitatis Danubius. Juridica

The right to appeal, respectively the right on complaint as per our legal vocabulary, constitutes the basic trunk of the second phase of court decisions in a certain procedure, in particular the criminal proceedings. The aim of this paper is to emphasize the main notions of appeal, but also in other aspects through the comparative description it aims to bring more clarity in differences and...

• Union of Jurist of Romania Law Review

The paper aims to outline the severe implications of moral (psychological) harassment at work on Romanian workers and the extent to which such behaviour impacts human dignity, as the basis of human rights law. The study has as starting point the EU guidelines with respect to health and safety at work and further details on the Romanian legislation regulating psychological harassment at work, with

• Union of Jurist of Romania Law Review

The attempt of relieving the courts of justice of the almost unbearable burden of having to deal with numerous files has led the legislator to conform himself to the European trend of legislating the appearance of completely new and alternative methods for the resolution of litigations, thus shadowing entitled institutions which already existed and offered the possibility of avoiding potential...

• Union of Jurist of Romania Law Review

Promoting and protecting the employees’ rights represents a continuous concern, not only for the Parliament, but also for the doctrine and for all of us. This research looks to introduce these obligations and to present, in particular, the criteria to which the employer needs to comply fully and properly in such a manner that the employees’ rights to work are respected. This obligation of the...

• Tribuna Juridica

The privatization process in Kosovo with all its difficulties, permanent dilemmas entered into the final phase. Despite a considerable number of SOEs privatized until now there has not been any study done by any governmental or non-governmental body that will reflect more comprehensively the performance and its effects in economy. This process until now had several complex problems, changes and...

• Tribuna Juridica

With trade and commerce increasing rapidly between nations, there has been a significant rise in disputes, leading to an urgent need for an effective and unified dispute resolution system which can sufficiently settle disagreements/issues among parties in dispute and which has to be arrived at keeping in mind the differences in laws of every nation, hence, immensely increasing the scope of...

• Acta Universitatis Danubius. Juridica

Mediation as an alternative manner of dispute resolution in Kosovo is a novelty. Kosovo is a new state which declared its independence in 2008, and in the same year the Law on Mediation has entered into force. This piece of legislation has been drafted in alignment with the laws of other European countries on mediation. The proper establishment and functioning of mediation in Kosovo has started...

• Acta Universitatis Danubius. Juridica

The object of this article is to argue that section 73A(5) of the Competition Act of 1998 is constitutional. Some commentators have argued that this provision creates reverse onus offence and is therefore unconstitutional. The article argues against this view, necessarily because section 73A(5) does not implicate any of the definitional elements of the offence created by section 73A, which...

• Acta Universitatis Danubius. Juridica

In this paper I have analysed the answers which the following questions might receive: Can the Court invested with solving a motion to change venue decide on solving a trial already solved? Which could be the consequences of crediting the idea that the answer is in the affirmative in any situation, without any distinction? The law issue submitted to the analysis was generated by the circumstance...

• Acta Universitatis Danubius. Juridica

In this paper we submitted to discussion the solution that a court can give when finding out, upon research made (by default or upon inadmissibility exception bringing up by the interested party) on the admissibility conditions for a counterclaim, that requirements provided by art. 209 in the Civil Procedure Code are not fulfilled. Our study was generated from a practical situation in which the...

• Tribuna Juridica

The study aims to present relevant aspects from the jurisprudential solutions of the High Court of Cassation and Justice in matters of the action in annulment of the patrimonial transfers of the debtor in insolvency procedure and of other judicial actions introduced by the procedure bodies or, by case, the participants to the procedure who are enabled to use the measures prescribed by the law for

• Acta Universitatis Danubius. Juridica

In this study we aimed to analyze the consequences of the introduction by Ordinance No. 51/2014 for amending and supplementing GEO No. 34/2006 concerning the procurement of a new procedural institution, namely the guarantee of good conduct guarantee during the judicialadministrative proceedings and judicial proceedings. In our opinion, however, the new measures introduced by the Act enunciated...