- Juridical Tribune Journal
- Publication date:
- Nbr. 3/2018, December 2018
- Nbr. Special Issue 2018, October 2018
- Nbr. 2/2018, June 2018
- Nbr. 1/2018, March 2018
- Nbr. 2/2017, December 2017
- Nbr. Special Issue 2017, October 2017
- Nbr. 1/2017, January 2017
- Nbr. 2/2016, December 2016
- Nbr. Special Issue 2016, October 2016
- Nbr. 1/2016, June 2016
- Nbr. 2/2015, December 2015
- Nbr. 1/2015, June 2015
- Nbr. 2/2014, December 2014
- Nbr. 1/2014, June 2014
- Nbr. 2/2013, December 2013
- Nbr. 1/2013, June 2013
- Nbr. 2/2012, December 2012
- Nbr. 1/2012, June 2012
- Nbr. 2/2011, December 2011
- Nbr. 1/2011, June 2011
- The private international law communitarization
The Community impact on private international law (PIL) began to be felt in the late 1990s. A phenomenon that would become a visible reality through an exponential increase in legal texts of community origin on issues related to PIL. Such was anchored in the concern to ensure the proper functioning of the internal market and the need to regulate private relationships that went beyond the limits of each state, enhanced by the freedom of movement (people, goods, services and capital), one of the cornerstones of European Union. This study aims to reflect on the creation of the International Law European Private and its impact on state PIL. A literature review will be conducted in order to understand the evolution of this reality after the Treaties of Amsterdam and Lisbon. We will use a ded...
- Director's duty not to consciously determine the company to break the law - reality or controversy?
The paper at hand will analyze directors’ duty not to make decisions which determine corporate violations of positive legal norms and it will provide an interpretation of corporate governance practices that underpin this duty in pre-existing institutions. In the first part, we will pursue the doctrinal attempts of integrating the duty of compliance within the contents of the duty of care or duty of loyalty. We will follow the evolution of this duty, from a simple effect of the ultra vires doctrine, to an obstacle of the contractual underlying of companies, to an element of the duty of loyalty. The paper will review effects that corporate legal violations have on agents’ liability, such as tax law, competition law, labor law, human rights and environmental law breaches, and will illustra...
- The relationship between legislation and the collective agreement in labour law. Some European options
Is the intervention of the state in regulating collective labour relations a useful and beneficial tool, or rather a discouraging one? This is a long time concern of the doctrine, of the law-makers and of the practice of European industrial relations. And, on the background of different traditions and goals, the options are most diverse. Almost everywhere, the economic crisis and the digitalisation have altered the ratio of what the legislator has assumed and what is left to the social partners to regulate. Sometimes, the state has withdrawn to a certain extent from the process. Freed from constraints, the social partners have become more responsible than in the previous decade for the concrete way of negotiating and regulating collective relations. In other cases, the legislator felt t...
- Delimiting working time from rest time in the case of workers residing at the workplace
The article presents the particular problems encountered in the process of delimiting working time from rest time in the case of workers who, due to the specific nature of their work and its organization, imposed by the employer, reside at the workplace, in which casethe question arises whether and under what conditions, the inactive periods spent by workers in their own residence may be included in working time. In order to identify these issues and possible solutions, the jurisprudence of the Court of Justice of the European Union is analyzed in order to establish principles applicable in this situation, as well as the national jurisprudence of Romania and that of other EU Member States, which is relevant in view of the common regulation of working time for all those States by Directi...
- The determination of reasons of environmental pollution that require the impose of administrative sanctions in light of the Turkish Council of State decisions
Environmental administrative sanctions are a means of precautions aiming for the protection of the environment, reduction of environmental damages, nonrepeation of acts causing the damage of the environment. The mentioned actions of the administration shall be concluded in accordance with principles of rule of law, legality, legal certainty. It is important to a great extent to demonstrate the legality of the sanctions and measures when applied subsequently for judicial remedy, during which in the process of application of such sanctions, documentation of the contaminative activities and reveal of activities transparently with its justification had been realized. In the Environment Law numbered 2872, the procedures and principles are determined, which must be obeyed by the officer in ch...
- Considerations regarding Directive 2011/24/EU on the application of patients' rights in cross-border healthcare in EU member states
The free movement of persons is one of the four fundamental freedoms recognized and regulated at the European Union level. The definition and implementation of all existing policies and actions at European level, regardless of the scope, have as their focal point a high level of health protection. Under the conditions of the extension of the right to healthcare of the persons, at the level of the European Union, it is intended to ensure the access of every person to healthcare based on the latest scientific discoveries. The adoption in 2011 of Directive No. 24 is an important step in respecting patients' rights in cross-border healthcare, with important consequences both for the health of patients and for the health systems in the Member States. Keywords: healthcare, cross-border, right...
- Brief analysis of the international legal framework of corporate social responsibility
This paper focuses on the main international legal documents providing guidance recommendations and principles on corporate social responsibility (CSR), considered it as a sustainability tool. A special attention is paid to the provisions of European Union regarding corporate disclosure of non-financial information and transparency. The nonfinancial information report has to include consultation rights, health and safety environment, social dialogue, fulfilment of the obligation of non-discrimination etc. Despite the fact that it is not necessary a comprehensive report on CSR matters, the outcome would consist in demonstration that the disclosure of information on policies, outcomes and risks will enable companies and their stakeholders to develop a very good strategy of corporate gover...
- Competition versus cooperation - new approaches on the energy market considering aspects of competition law
The common energy policy of the European Union is a current topic on the agenda of European institutions, reflected in package “Clean Energy for All Europeans”, proposed by the European Commission. Despite several harmonization attempts, the consensus needed for a common policy and for an Energy Union has not been reached yet. One possible element why we still do not have a common energy market is the lack of competition in the energy sector. In this context, the present research paper analyzes to what extent competition can be a key-factor in ensuring the modernization of the energy sector. Aspects of competition law which are relevant for building a common energy market are highlighted in the present research paper. Furthermore, the present article raises the question how important co...
- Observations relating to compensations in the case of admission to the complaint against of the dismissal decision
The study aims to analyze a consequence of the annulment of the dismissal decision by the court, for reasons of lackluster or unlawfulness. According to art. 80 of the Labor Code, in the event of the finding of illegality and/or inadequacy of the dismissal decision, the court orders the cancellation of the unilateral act of dismissal. An effect of the annulment of the dismissal decision is the employer's obligation - in all cases - to compensate the employee equal to the indexed, increased and updated salaries and the other rights that the employee would have been entitled to if he had not been dismissed. In relation to the imperative wording of the legal text, atypical assumptions are considered in which the award of damages should be nuanced in relation to the factual situation that l...
- On the dissolution of the limited liability company. Disagreement of the shareholders
The limited liability company, similar to the general partnership is set up and functions on the grounds of the trust between shareholders. Therefore, this type of company has an intuitu personae character, just like any company of persons. The limited liability company operates as long as the conditions laid down by law are met, and if any or more causes leading to the improper operation of the company, it shall dissolve. One of the dissolution cases is that stipulated by articles 227 paragraph (1) letter e) of Law no. 31/1990 – the dissolution by court decision respectively – when the dissolution cannot be decided following a decision of the general meeting – on solid grounds, which can be misunderstandings between the shareholders. Such misunderstandings are not by themselves enough ...
- A quiet and discrete revolution in the Portuguese courts: the twilight of the employment contract?
The distinction between an employment contract and a provision of services contract is a recurring theme in the Portuguese courts, regularly associated with the use of the provision of services contract to dissimulate an employment relationship under an apparent self-employment rapport. The...
- Iceland, the EFTA Court and the indexation of credit to inflation: operating in nature ex-post but need to calculate and disclose ex-ante.A law of contradiction?
Indexation of credit to inflation (ex-post) is a unique legal practice in Iceland based on valorism theory on money vs. nominalism. Two rulings issued in 2014 by the EFTA Court try to clarify the legality and fairness of this particular price-variation clause under the European Economic Area...
- The protection of juveniles under Cameroon criminal law and procedures through the lens of international standards
While the legislative framework on the adminitration of juvenile justice in Cameroon may currently be adequate and in compliance with the international conventions ratified by the State, the implementation of the national law should be the primary mechanism through which human rights are realized....
- Criminal cartels
Cartels are nowadays a global issue, affecting consumers from all over the world. As the consequences of anticompetitive agreements have an impact at extraterritorial level, with implications beyond the market where the cartel operates, cartel investigations have a global dimension. Cartel members, ...
- Romanian Law no. 151/2015 on the insolvency of physical persons. Participants in insolvency proceedings
On June 26, 20152, in Official Gazette no. 464, Law no. 151/2015 regarding the insolvency of natural persons, with the deadline for entry into force on 31.12.2015. However, at this time, the law does not have legal effects, its entry into force being repeatedly postponed, the last deadline set for...
- La notion de bail professionnel en droit OHADA et ses implications sur la théorie générale du fonds de commerce
The last reform of the Uniform Act on General Commercial Law OHADA reconsidered several pieces of commercial law. The concept of leasing has not been spared. She, who was accompanied by the "commercial" substantive, has been transformed into "commercial lease". Question of style ...
- The condition of foreigners in the family law of Cameroon
The preamble of the constitution of Cameroon enshrines the principle of assimilation of foreigners into nationals through the Family law. However in concrete terms, this constitutional provision is undermined (limited, hindered) by a number of political and sociological constraints. The foreigner...
- The balance between the parties in Law N° 2015/018 of December 21, 2015 governing the commercial activity in Cameroon
On the 21st of December 2015, the Cameroonian legislature adopted Law N° 2015/018 with the aim of modernizing the mechanisms put in place for the supervision of the commercial activity in this State. This modernization results in the establishment of tools aimed at eliminating situations which are...
- Counterfeiting and illicit drug sales. Effects on intellectual property rights
The ability of man to be inventive and creative has led to economic development and social progress, but also to the creation of a real danger to his health and life when talking about the counterfeit and falsified drug market 2 . Ensuring the observance of intellectual property rights is essential ...
- The European digital library (Europeana). Concerns related to intellectual property rights
The current technological and scientific revolution taking place within the larger context of knowledge and innovation based society and economy has changed all aspects of life, including those related to cultural content consumption, creation, access and distribution. Although art galleries,...