Universitatea Nicolae Titulescu (Books and Journals)
- Lex et Scientia International Journal From No. XIII-1, January 2006 to No. XXVI-2, July 2019 Universitatea Nicolae Titulescu, 2010
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Implications of Cjeu Jurisprudence on the Delimitation of Working Time by Rest Time in the Collaborative Economy
The specificity of the collaborative economy has raised a number of issues with regard to the qualification of legal relationships between workers, final beneficiaries and the online platform that mediates the provision of work, respectively whether between the platform and the worker there is an employment relationship or there is a commercial relationship between the platform, self-employees...
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The Legal Difficulties Generated by the Alteration of the Provisions Regarding the Hearing of Witnesses by the Court Within the Civil Procedural Code
Since Law no. 310/2018 has altered the legal provisions of the Civil procedural code regarding the way in which witness testimony is to be obtained, a certain number of difficulties have been generated due to the fact that the actual hearing of witnesses has to occur in a radically different manner, thus imposing on the court some obligations which may prove troublesome in the future. The paper...
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The Effect of Traditional and Modern Policies on Termination of Employment Contract
This paper is looking for the best model of articulating termination rules of employment contract by referring to the most popular policies on this regard. Meanwhile, it tests how the provisions of such policies affect termination rules in terms of rigidity and flexibility. An acceptable degree of rigidity and flexibility of termination rules can be tested based on the possibility of combination...
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Social Dimension of the EU ? the Pillar's Impact on European Labour Law
Over the past decades, the world of work has been changed. The concept of flexicurity was to provide answers to the challenges that arised. What has happened with security in the European Labour Law, what can be discerned as the European Pillar of Social Rights has been adopted? How has the social dimension of the EU been altered? The article attempts to give an overview of the Pillar from a...
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Personal Data Protection Issue Reflected in the Case-law of the Constitutional Court of Romania
Over the past few years, data privacy became more and more an issue that stirred on European level lots of debates and determined the adoption of a new set of rules, imposed with the compulsory force of a European regulation. Thus, the EU General Data Protection Regulation (GDPR) replaced the Data Protection Directive 95/46/EC and reshaped the way the data are managed in various fields of...
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Comparison Between the Legal Particularities of Romania's and the United Kingdom's Membership of the European Union
Since its early accession to the European Economic Community (the predecessor of the European Union), the United Kingdom has, at times, shown itself reluctant to fully integrate and adopt the acquis communautaire. The UK has chosen to negotiate several opt-outs – more than any other Member State – regarding certain EU policies, with notable examples being the Monetary Union and the Schengen...
- The Precautionary Principle's strong Concept in the Case law of the Constitutional Court of Hungary
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The Size and the Importance of the Evidence Governed During the Prosecution in Rem
The jurisdiction developed on the edge of the implementation of the provisions of Code of Criminal Procedure, relating to the verification of the legality of the referral to the court, the legality of the management of evidences and documents of the prosecution, has proved the fact that in front of the judges of preliminary chamber has come, not infrequently, the request of the exclusion of the...
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Prosecuting Charges for the Accomplishment of Certain Legal Activities. Protection, Guarantees and Limits in the Practice of the Lawyer Profession
In any democratic society the lawyer plays an essential role in defending the rights and freedoms recognized by law. The actual accomplishment of his mission can expose the lawyer to some risks and pressures exerted by the same judicial authorities called to ensure compliance with the law. The current article aims to analyse the possible implications of prosecuting charges against a lawyer for...
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European and Canadian Provisions on Keeping Contact Between the Person Deprived of his Liberty and his Family, Differences and Similarities
Every democratic society seeks to create a stable environment for its members, trying to identify the needs of citizens, in all aspects, creating legal norms to ensure the proper functioning of society as a whole is one of the needs. The family as an institution, but also as a form of people's approach, requires maintaining a balance in the family relations, a desideratum pursued by both society...
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Polygraph Investigation Technique (lie Detector), a Legal Fiction from the Probative Force Point of View, Possibilities and Limits
Although generally the results of the polygraph test are not admitted to the courts unless a convention is reached and the lawyer's consent is obtained, the test can be very useful for investigators during the investigation of the crime. In Romania, the first study on the opportunity and efficiency of polygraph insertion into police activity was made in 1976. This was done for a year, using the...
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Issues of controversial practice referring to the crime of false testimony
The crime of false testimony is one of the crimes which are traditionally found in our criminal legislation, the judicial practice recording also specific situations which required the application of the incrimination text which defined this crime. It can be considered that we are dealing with a crime which can no longer present any difficulties in relation to the interpretation and application...
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Reflecting the right to privacy in the decisions of the constitutional court of Romania
The need to protect has deep roots in the history of law. Paradoxically, the more humanity has endeavored to legislate, the abuse and the lack of real support from those responsible for ensuring security and peace have increased. That is how society felt that, besides the internal regulation of privacy, it had to appeal to international organisations whose purpose was to persuade states that they
- The influence of artificial intelligence on criminal liability
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Social innovation and civil service law
The framework of administrative law is a static area of the legal system, but its content is very dynamic. The administration and the civil service law have been influenced by new technologies and social situations. These new things make innovations not just in the economy, but in the society as well. Social innovation is the rethinking of the relations between the persons, or between the persons
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Liability of the transportator in the case of the railway transport contract
When dealing with rail transport, whether we deal with aspects of domestic or international rail transport, the provisions of GO no. 7/2005 for the approval of the Romanian Railways Regulation and the Romanian Rail Transport Regulations for Internal Transport and the Convention on International Carriage by Rail (COTIF) of 9 May 1980 and Uniform Rules for the International Carriage of Goods Goods (
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Particularities on the regulation of the sue petition, in the light of practical difficulties and legislative changes
According to the Romanian Civil Procedure Code, one of the trial stages of first instance is represented by the written stage in which, as a general rule, the fulfillment of the requirements regarding the petition content is analysed. This stage is a novelty of the new Civil Procedure Code. The purpose of this check is to prevent the introduction of an inform application, as well as for...
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16+1': Promises and pitfalls for EU-China trade negotiations in the context of one belt one road cooperation
This brief presentation aims to increase the understanding of international trade negotiations between China - Central and Eastern Europe region as well as Europe through the framework of One Belt One Road ( OBOR ) cooperation, with a focus on the legal perspective regarding the rule of law conditionalities, EU external trade relationship on the basis of respect for rule of law and the...
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Financial law questions on the transfer and utilisation of real estate
In our article we analyze the transfer and utilization of real estate from a financial point of view. After the introduction we clarify the main elements of the theme. We overview the basic concepts of the following acts: personal income tax, act on duties, and on local taxes. Then we focus on the tax aspects of the transfer of real estate, especially on the definition of real estate and property
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The european judicial practice regarding the vat deduction right and its impact on the hungarian practice
The purpose of the below study is to compare the European judicial practice with the Hungarian practice in terms of VAT deduction right. In the meantime, the study gave us the opportunity to get to know the complex requirements of VAT deduction right. In addition, we were also able to assess whether the Hungarian VAT Act is in line with the community legislation. Keywords: Value added tax,...
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The term of 'relevant market', as element of dominant position provided by art. 102 of the treaty on the functioning of the European Union
The term of relevant market was used for the first time in the Sherman Act of 1890, condemning monopolies or monopoly attempts. The term of relevant market is analyzed as being the place where demand and supply of products or services, interchangeable with each other, are confronting; however, the term of "relevant market" is much more complex than that, being characterized by fundamental...
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Freedom of speech. Considerations on constitutional court's decision no. 649/2018
Pursuant to article 30 paragraph (1) of the Constitution, freedom of expression is inviolable, but according to article 30 paragraphs (6) and (7) of the same Constitution, it cannot prejudice the dignity, honour, private life of the person and nor the right to one's own image, being forbidden by the law the defamation of the country and the nation, the exhortation to war of aggression, national,...
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Cyberterrorism: the latest crime against international public order
Cyberterrorism has become the latest global threat that highlights security leaks in the digital world and its outcomes. Nowadays economic and social context as well as the advances in the field of information technology facilitated individuals, private entities and governments to become increasingly interconnected through computer structures. Cyber-attacks have seen an alarming development, and...
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The benefits of a special criminal proceedings in absentia
A criticism of the national legislator's decision not to introduce a shortened hearing as a special criminal procedure in absentia, which would exclude the Preliminary Chamber and would leave the civil action unsolved. In our opinion, such a procedure would definitely contribute to the efficiency of the judiciary system by significantly reducing the duration of trials, seeing that the evidence of
- Actual problems of realization of the right of personal protection of the accused in the context of the requirement for a term for pre-trial investigation according to the Bulgarian criminal procedure code
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The Rights Of A Person Deprived Of Liberty Of Maintaining Family Ties In Five European Countries
A prisoner's life can often be a scary way of life for many people, which is why many individuals don't want to be close to people who have been imprisoned, for obvious reasons. But the reality is that those who execute prison sentences, sooner or later, are liberated from prison and re-enter en society. Resocialization is a hard and difficult process to be fulfilled, but obviously not impossible.
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Effect Of Labour Law Regulation On The Employment Relations Based On The Connection Between Social Rights And Labour Market
In the world of employment, we can find several aspects that have effect on the labour market. Labour market cannot be independent from the legal regulation of employment; moreover - according to the tendencies - labour market processes basically define the role of labour law. A fundamental difference can be observed between the approach of Anglo-Saxon countries and researchers and the viewpoint...
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The European Investigation Order In Criminal Matters - Grounds For Non-Recognition Or Non-Execution
The European Investigation Order (EIO) is the newest mechanism for judicial cooperation in criminal matters. This instrument was laid out in the Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 and was transposed into the Romanian legislation through the most recent changes of the Law nr. 302/2004 concerning international judicial cooperation in criminal matters.
- The Posibility Of The Debtor To Request Public Judicial Assistance In The Form Of Bail Exemption Or Reduction During A Provisional Suspension Of The Forced Execution Case
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Specific Aspects Of The Offense Of Leaving The Place Of The Accident
The legislator has adopted the respective texts of law to the new social realities once with the repeal of the criminal segment of GEO no. 195/2002 relating to the circulation on public roads, republished and the introduction of this one in the content of the New Criminal Code. The offence of leaving the place of the accident, actually found in the content of the provisions of art. 338 of...