Lex et Scientia International Journal
- Universitatea Nicolae Titulescu
- Publication date:
- Nbr. XXV-2, July 2018
- Nbr. XXV-1, January 2018
- Nbr. XXIV-2, July 2017
- Nbr. XXIV-1, January 2017
- Nbr. XXIII-2, July 2016
- Nbr. XXIII-1, January 2016
- Nbr. XXII-2, July 2015
- Nbr. XXII-1, January 2015
- Nbr. XXI-2, July 2014
- Nbr. XXI-1, January 2014
- Nbr. XX-2, July 2013
- Nbr. XX-1, January 2013
- Nbr. XIX-2, July 2012
- Nbr. XIX-1, January 2012
- Nbr. XVIII-2, December 2011
- Nbr. XVIII-1, January 2011
- Nbr. XVII-2, July 2010
- Nbr. XVII-1, January 2010
- Nbr. XVI-2, July 2009
- Nbr. XVI-1, January 2009
- Systematic Thinking About Employee Status
Over the past decades, the international and European policy debate has focused on who is considered to be an employee and what kind of workers are covered by the protection of employees, i.e. the extension of the scope of labour law There is a deep-set problem lying behind this global thinking. The application of the principle of equal treatment in private law encompasses a lot of tension. Private law including labour law is confronted with human and constitutional rights when vulnerable groups, like women, the elderly, parents, persons with disabilities are integrated into the labour market. In labour law human and constitutional rights make freedom of contract, being more limited than civil law, seek further compromises. In labour law, there is a clear conflict between the prohibition of discrimination, the freedom of contract and the freedom of provision provided by property law. In the event that labour law regulation is left alone and is not considered systematically, conflict can result in controversial legislative solutions. Keywords: labour law regulation, flexicurity, social and labour market program, equality rights, integration policy, personal scope of labour law and labour protection, employee status, labour-market status
- Several Issues On Taxation Of The Sharing Economy Business Model, With Special Regard To The Hungarian Regulation
Sharing economic models and services will gain more and more importance in economic life and will grow even more dynamically in the future. These business models are transforming consumer habits through technological advances and creating a serious competition for the traditional sector. The new models are challenging the legal regulation, as some of their business benefits stem from market deregulation, especially in the area of taxation. In order not to encourage the expansion of the gray economy, these companies should look for solutions in tax law that do not impose administrative burdens on the operation of these types of businesses but force them to fulfill their tax obligations. This article describes the tax issues that arise in this area and introduces regulatory alternatives, particularly highlighting the Hungarian regulation. Keywords: taxation, tax law, sharing economy, financial regulation
- Legal Basis And 'Trasversal' Interpretation Of The Ultimate Reforms Of The European Union Jurisdictional System
The present work focuses on the analysis of the latest reform of the EU jurisprudential system which started in 2011 and has been completed on March 2018. The purpose of the analysis is to interpret the need for these reforms, the time needed, the reasons and the effectiveness they will have for the next few years. Obviously, the analysis is based on the articles of the Lisbon Treaty and the rich jurisprudence offered up until now to interpret and better understand the division of competences and the new dispute system of the Union. Keywords: CJEU, Treaty of Lisbon, Reg. 2015/2422, Specialized courts, division of powers, judges' doubling, art. 51 of the Statute of CJEU
- Observations With Regards To China's Relations With Romania And Moldova
China's importance in the international arena is increasing, also including in the European region. In recent times there has particularly been an attempt to intensify relations in the context of the Belt and Road Initiative and in the case of Central and Eastern Europe, also through the creation of the 16 + 1 format. Two countries with connections to these initiatives are Romania and Moldova, the former being a European Union Member State and the latter a country with an Association Agreement with the European Union. Romania historically has strong ties to China, going back to the Cold War period, while Moldova now appears to have the potential be able to play the role of an important partner for China in Eastern Europe. Keywords: China, Romania, Moldova, European Union, Belt and Road Initiative, bilateral relations
- Supremacy Of The Constitution Theoretical And Practical Considerations
Regarding the term of supremacy of the constitution, many authors consider that it is notorious and therefore does not require a special scientific analysis. There are taken under consideration the characteristics of the fundamental law, such as its legal force and normative content, through which it expresses its superordinate position in the normative system of the state. In our analysis, we demonstrate that the supremacy of the constitution is a quality of the fundamental law that has complex, social, political, historical and normative determinations and relates to the role of the constitution in the state social system. The supremacy of constitution can not be reduced only to the formal significance resulting from its legal force. In this context we consider the concept of supremacy as a constitutional obligation with specific legal consequences. There are analyzed the consequences and guarantees of the supremacy of the constitution, the role of the Constitutional Court in fulfilling the main function of guarantor of the supremacy of the Constitution, as well as the competence of the courts, to guarantee through specific procedures this quality of the fundamental law. In this aspect, jurisprudential issues are presented and analyzed. The relationship between the supremacy of the constitution and the principle of the priority of the European Union law is another aspect of the research carried out in this study. Keywords: The notion of constitution and the supremacy of the constitution, legality and legitimacy, consequences and guarantees of constitutional supremacy, relationship between stability and constitutional reform, the correspondence between the law and the constitutional principles
- Tools To Ensure The Prevention Of Contraventions
Nowadays, the most common form of law infringement is contravention. The Romanian contravention law was improved at the end of 2017 by a legislative novelty regulating the instruments to ensure the prevention of contraventions. The contraventions provided in this administrative act are diverse and it is interesting that despite this, the law maker provides in many cases the application of a penalty, namely the warning, which is then followed, as the case may be, by the application of a measures plan, limited in time. Furthermore, the offenders will not be pardoned every time, but only once, provided that they fulfill the obligations provided by the measures plan and within the deadline established by the official examiner. This law would have remained only at the stage of intention and without application if the executive had not adopted the administrative act identifying the contraventions contemplated by it, but once the respective Government resolution has been adopted, we can only wait for the time to see the effectiveness of it application. This is why, in this study, we will analyze this topic by being of great interest and adapted to social realities. By being a legislative novelty for the national law system, the scientific research that we performed is mainly focused on the legislation and the doctrine. Keywords: Contraventions, prevention law, correction plan, warning, Government resolution
- Case Law Of The Court Of Justice Of European Union: A Visit To The Wine Cellar
It must be observed that a quality wine is a very specific product. Its particular qualities and characteristics, which result from a combination of natural and human factors, are linked to its geographical area of origin and vigilance must be exercised and efforts made in order for them to be maintained. (Court of Justice of European Union, Rioja Wine Judgement) The present paper will consider some of the most relevant judgements of the Court of Justice of European Union regarding wine. Coincidentally or not many of these cases are also landmark decisions of the European Union law. The purpose of this paper is to present the variety of European Union law areas enriched through the Court wine judgments: intellectual property, free movement of goods, fiscal barrier to trade, EU legal order, fundamental rights, public health and external relations. Surveying the wine jurisprudence of the Court of Justice of European Union resembles a wine testing. One can sense the savours rich bouquet that the case law expresses, on strong cultural choices, policies, lifestyle or identity at national and European level. Keywords: wine, Court of Justice of European Union, intellectual property, international agreement, taxation
- Protecting Eu Values. A Juridical Look At Article 7 TEU
Every European state that wishes to become a member of the European Union (EU) must adhere to the values enshrined in Article 2 of the Treaty on European Union (TEU). After accession, it is assumed that all Member States are further bound by these same values, such as the rule of law. However, the successful enlargement of the EU, especially towards the new democracies of Eastern Europe, gave rise to the need for a means to balance this somewhat utopian view of irreversible common ground. Thus, in 1999, in preparation for the wave of accession of 2004, the Treaty of Amsterdam introduced Article 7 in TEU as a means of protecting EU values in the Member States. The study makes a juridical analysis of this text, focusing on its content, its possible legal effects, its pluses and minuses in representing an efficient means of dissuasion in relation to the Member States that have raised concerns of serious breaches of the rule of law in the last few years. The main goal is to identify the vulnerabilities of this legal mechanism in order to find solutions for its improvement and to suggest complementary measures which might aid obtaining positive results. The way this matter is addressed shall shape the future of the EU. Keywords: European Union; values; rule of law; illiberalism; Article 7 TEU
- Reflections On The Right To A Fair Trial And Trust In Justice In The Light Of The Jurisprudence Of The European Court Of Human Rights
In this article, discussions on the right to a fair trial are mainly influenced by the provisions of article 6 of the European Convention on Human Rights, and in secondary by the other international and national regulations. In the cases of the European Court of Human Rights, the principle of equality of arms is considered to be one of the fundamental elements of a fair trial. Besides this principle, another essential element for a fair process is the independence and impartiality of the courts, and even the impression of an independent and impartial justice in the eyes of public opinion2. Keywords: the right to a fair trial, the independence of the courts, the impartiality of the courts, the equality of arms, ECHR
- Computer Search Versus Technical-Scientific Finding
The study intends to establish delimitation between computer search and technical-scientific finding, having as a starting point certain cases encountered in the judicial practice when the law enforcement authorities confused the scopes of these two evidentiary procedures. The author emphasises that such an error can injure the fundamental rights of the parties of the criminal case, including the right of defence that the suspect or the defendant has, and can lead to the exclusion of the gathered evidence. Keywords: search, technical-scientific finding, computer system, the role of the specialists, the exclusionary rule
- Study on the compulsory bringing of persons in front of the judicial authorities in criminal matters
The study will try to perform an in-depth analysis of the measure of compulsory bringing, assessing both the national legislation and the legislation of some European countries, namely: Austria, Bulgaria, Poland and the Netherlands. Due attention will be granted to the provisions of the current...
- Issues related to the appearance, evolution, functions and utility of the legal expenses insurance contracts, especially within the European Union's states
This report aims to provide a concise comparative analysis of the features of legal expenses insurance (also known as insurance for legal protection or LEI), that can be found and have been adopted in several European jurisdictions (France, England and Wales, Germany, Austria, Switzerland, Finland...
- Legal Basis And 'Trasversal' Interpretation Of The Ultimate Reforms Of The European Union Jurisdictional System
The present work focuses on the analysis of the latest reform of the EU jurisprudential system which started in 2011 and has been completed on March 2018. The purpose of the analysis is to interpret the need for these reforms, the time needed, the reasons and the effectiveness they will have for...
- Admission of guilt in the Romanian Criminal Procedure Code. A comparative law perspective
Entry into force of the Law no. 202/2010 regarding some measures to accelerate the settlement of the process, already raises a number of problems of interpretation. According to the Explanatory Memorandum of Law 202/2010 states that: "Unlike the other laws, the Law no. 202/2010 comes into...
- Protection of inventions in the pharmaceutical sector through supplementary protection certificate
The topic of health is nowadays, more than ever in the history of mankind, one that enjoys an entirely special attention. It concerns, albeit at a different level, the sick and the healthy, doctors and patients, the young and the elderly, women and men. It concerns governments and individuals,...
- The legal protection of refugee: Western Balkanas
States have been granting protection to individuals and groups fleeing persecution for centuries; however, the modern refugee regime is largely the product of the second half of the twentieth century. Like international human rights law, modern refugee law has its origins in the aftermath of World...
- Systematic Thinking About Employee Status
Over the past decades, the international and European policy debate has focused on who is considered to be an employee and what kind of workers are covered by the protection of employees, i.e. the extension of the scope of labour law There is a deep-set problem lying behind this global thinking....
- Political pluralism and multiparty
Political parties have made themselves noticed in history by competing for power and over time they have emerged as undeniable and indispensable realities in a political system regardless of its form. The Constitution of Romania recognised the role and historical importance of pluralism and...
- Theoretical and jurisprudential aspects concerning the constitutionality of the court appeal on points of law
The institution of the appeal on points of law has the role to ensure a unitary law interpretation and enforcing by the law courts. The legal nature of this procedure is determined not only by the civil and criminal normative dispositions that regulate it. In this study we bring arguments according ...
- Ministerial liability in the romanian constitutional system
What seems relevant to us for highlighting in this study is the approach of the ministerial liability within the Romanian constitutional and legal system starting with the first document of constitutional value, namely the Developing Statute of the Paris Convention of 1858 until today,that is the...