• Lex et Scientia International Journal

Universitatea Nicolae Titulescu
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In the year 1996 the Nicolae Titulescu University had the initiative of valorizing the materials presented in the annual communication sessions by publishing them into a volume that would follow the periodicity of such manifestations. Therefore, the first issue of the publication Informative Bulletin appeared in 1996. In 1998 the name of the publication was changed into 'Lex ET Scientia', headline under which it continued to appear on a yearly basis, except for year 1998, when three issues were published. Until year 2000 the publication appeared in a volume upon ISBN code; since 2001 until the present moment it has become of periodical regime, upon ISSN 1583-039x. The periodical is focused on sciences in the social-humanist and economic field: economy, law, administration, sociology.

Latest documents

  • 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

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