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  • The status of civil servants - between aspirations towards professional excellence and political interference

    The Romanian society has, as a national objective, a public administration outside the political influence and the recruitment of competent and performant public servants. One of the instruments to realize this objective is, no doubt, the legal status of the public servants. This study is aimed to identify and analyse the elements of vulnerability witch the Law 188/1999 concerning the public servants and the project of the Administrative Code contain, from the perspective of the political influences. The main issue of the study is to be aware of the institutions, procedures and factors witch make fragile the legal status of the public servants, allowing, by example, the political parties membership of the public servants or their recruitment in absence of a national competition, organis...

  • The legal model for metropolis management in Poland - comments on the regulation of metropolitan union in the Silesian voivodship

    Political changes that followed after 1989 led to the creation of local selfgovernment in Poland. As a result, a municipality, a county and a voivodship selfgovernment were established. In the course of these reforms, however, the problem of the system of metropolitan areas, and thus their management, has not been resolved. Making metropolisation in Poland, understood as creating special solutions for metropolitan areas in the form of large urban agglomerations, that are facilities of various networks (transport, scientific, economic) and development centers, is not satisfactory. Initiatives to ensure management of metropolitan areas have been undertaken for a long time, but still without achieving sufficient results. In 2015, the Act on metropolitan unions was adopted, whose provisions...

  • Aspects of posting (from the perspective of the salary state and the public servant). Proposals de lege ferenda

    If the contracting parties resort to the conclusion of individual labor contracts/individual administrative contracts2, the adaptation of gainful activity to technological or economic developments may require the modification of those legal acts on the basis of which the activity is carried out - also in view of the intrinsic dynamics of the work / service3. The "pacta sunt servanda" principle is also applicable in the scope of the contracts noted above. Its application implies that, as far as possible, the parties understand to maintain, throughout the execution of the contract, the clauses initially foreseen. Obviously, however, that a valid contract can not remain "frozen" if, in the meantime, new elements or requirements arise during its execution.

  • Procedural aspects of patrimonial liability in Romanian labour law

    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, solutions in this regard will be presented.

  • Semantic aspects of research on the application of private law in the public sector within the legal culture of Continental Europe (with particular emphasis on Polish experience)

    As you know, the language level is one of the main research areas of jurisprudence. The author puts forward the thesis that the adopted language apparatus has a significant influence on the research results in legal sciences. This is particularly evident in the analysis of the application of private law to the public sector. The article indicates the semantic problems faced by the author analyzing the application of private law in the public sector. The source of these problems is the adjective "public" that appears in many terms. In addition, there are problems of comparative nature. There is a phenomenon of non-translation of terms from individual languages. Other problems consist in the fact that the use of certain concepts is associated with the adoption of certain initial assumpti...

  • Legal divergences in terms of customer rights in Kosovo

    Customer protection is a worldwide known and respected phenomenon, whereas in Kosovo its regulation is in early beginnings. Historically, the origin of Kosovo customer law is from 2004 when it was first regulated by the Law. Despite all the amendments and additions made to this act in 2009, there are still no signs of positive results on this respect. The purpose of this paper is to highlight the importance of customer protection and to emphasize that customer protection legislation is not sufficiently harmonized with the Law on Obligation Relationships reflecting certain legislative divergences. These divergences result in no unique legal terminology, and also in various interpretations due to the underlying weaknesses. For the purpose of legislative security for customer protection, ...

  • Legislative inflation - an important cause of the dysfunctions existing in contemporary public administration

    The study analyzes one of the major causes of the malfunctions currently in public administration: legislative inflation. Legislative inflation (or normative excess) should be seen as an unnatural multiplication of the norms of law, with negative consequences both for the elaboration of the normative legal act, the diminution - significant in some cases - of its quality, but also with regard to the realization of the law, especially in the enforcement of the rules of law by the competent public administration entities. The study proposes solutions to overcome these legislative dysfunctions, the most important of which refer to the rethinking of the current regulatory framework, the legislative simplification, the improvement of the quality of the law-making process, especially by compl...

  • Legal philosophy of Modern Scholasticism: rights of nations as a means of intercultural dialogue

    This article investigates legal philosophy of the Second, or Modern Scholasticism. Doxographical, analytical as well as hermeneutical methods are applied. The author of the article concentrates on the list of fundamental rights of nations presented by Francisco de Vitoria including rights to existence, mutual equality and political independence; rights of international migration and trade; as well as the right and even duty of humanitarian or even military help. The article comes to conclusion that the above-mentioned list does not lose its relevance in contemporary world and society, as the rights from this list are regularly infringed. It is also asserted that, having been transferred into cultural - civilizational field, the elements of Vitoria’s list would become universal rights of...

  • Objective contentious matters in Romania and their unexplainable vulnerabilities

    The objective contentious matters should be a lethal weapon for the administrative acts challenged at the court specialised in this kind of issues, because, unlike the subjective contentious matters, they do not depend - or at least they should not depend - on the plaintiff’s (which is, by definition, a public authority) proving a subjective right or a personal legitimate interest injured by the administrative act. Relieved from this burden, the plaintiff’s task within an objective contentious matter should be easy: to come up with the proof that the case object contravenes a rightful rule with a superior legal force. In this case, the challenged act is annulled by the decision of the administrative contentious court and, as an expression of the public interest prioritising principle, i...

  • Will the Directive 2014/17/EU on mortgage credit protect consumers in the next economic and or financial crisis?

    The Directive 2014/17/EU on mortgage credit agreements for real estate properties (Mortgage Credit Directive or MCD) reflects the classic tension in the European Union (EU) between the goal of attaining a European single mortgage credit market and the obligation to provide a high level of consumer protection. The classic approach of EU law to solve the tension is to find a balance between those aims through the interaction of public/private law. The article starts with a summary of the most important choices done by the legislator (exante information duties and responsible credit) and essential consumer right. It follows with a critical assessment of the MCD. The methodology of this study is both descriptive and analytical, law is considered not only a normative system but also a set ...

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