Perspectives of Law and Public Administration
- Bucharest Academy of Economic Studies
- Publication date:
- Legal Instruments With An International Vocation That Regulate The Control Of Water Sediments
The human being has been since the creation in full process of knowledge, of satisfying human needs but also of wellness, which represented on the one hand a progress, and on the other hand, it represented a forced acceleration of his life on earth, a situation that has created an exhaustion of all that means environment, disturbing the natural balance of nature and contributing to a significant degradation of environmental factors: atmosphere, water and soil. Water, as an environmental factor, essential and indispensable for human existence for survival, knowledge, wellness and progress, has become, in time, an exhaustible resource for the human being and the activities undertaken by it. Under the strong effervescence of the pressure of exhaustion and degradation of water resources, by the deposition of dangerous substances and materials, the necessity of creating new forms of constraint directed against those who disturb the natural balance of water resources was realized. These new forms of constraint and prevention of depletion of water resources, have taken the form of legal instruments meant to solve the problems arising in the prevention, protection and mention of water quality, but which will determine a sustainable progress for the population and for present and future generations. Keywords: water protection, environmental degradation, water degradation, legal norms
- Protection Of Religious Freedom In The Criminal Law Of Romania And Of The Republic Of Moldova
This scientific article is devoted to the reconceptualization of the legal-criminal protection of religious freedom in the criminal law of Romania and of the Republic of Moldova. The purpose of this scientific message consists in the meticulous identification and analysis of the special legal object of the criminal offenses referred to in paragraph (2) art. 381 Romanian Criminal Code and art. 185 of the Criminal Code of the Republic of Moldova. On this occasion they were subjected to a thorough analysis: the European legislation in the field of religious freedom, the criminal and extra-legal legislation in the field of religious freedom in Romania and the Republic of Moldova, as well as the contemporary doctrine of recent years. Following the study carried out, certain legislative gaps were identified that can be easily removed by reviewing the incriminating framework of the criminal acts that affect the religious freedom of the person. The conclusions of the broad law and the recommendations de lege ferenda created under the empire of the latest legislative tendencies at European level can be taken into account in the legislative process. Keywords: religious freedom; religious belief; the right to religious belief; religious worship; esoteric worship; spiritual worship; attacks on religious freedom
- Jus Cogens (Peremptory Norms) - A Key Concept Of The International Law
One of the most important concept of international law, jus cogens, still has a controversial significance. Jus cogens is a Latin term meaning a mangatory or compelling law, and it refers to the peremptory norms of general international law from which derogation is forbidden. Despite the formal recognition of this legal concept, based on articles 53 and 64 of the 1969 Vienna Convention on the Law of Treaties, regarding the nullity of the provisions of a treaty which come into conflict with a peremptory norm, jus cogens has a wider application in the international realm than the law of treaties. Therefore, jus cogens can appear in different forms, such as treaty law, customary law, general principles of law, etc., according to the content of the norms. This paper aims to analyse the significance of this legal concept, the role of it in international law and the relevance of it for the international doctrine and the jurisprudence of international courts. Keywords: international law, jus cogens, peremptory norm, international public order
- Noise Pollution In Albania Towards European Standards
Noise pollution is disturbing noise with a harmful impact on the activity of human or animal life. Noise nuisance is a global phenomenon that generates a sense of resentment associated with any agent or condition that is recognized or trusted by an individual or group of individuals to adversely affect them. The health impacts of environmental noise are a growing concern for the general public as well as policymakers in Europe. Unwanted noise can damage psychological health, can cause hypertension, high levels of stress, hearing loss, sleep disturbances and other harmful effects. Albania ranks among the countries with the highest acoustic pollution in Europe. Every citizen has the right to be protected from the harmful effects of environmental noise. The institutional responsibilities for disciplining noise-generating activities are related to the ministry or authority responsible for licensing. The protection applies to noise, which exposes people to the environment where they live, in residential areas, in public institutions, in public parks, in nature, in children's institutions, health's institutions, educational, cultural, religious institutions and others environments similar to them. This paper aims to analyze the legal, administrative and organizational measures taken to manage environmental noise in Albania, as well as to comply with the requirements of the EU Basic Directive and other related directives, identifying problems related to this sector. The methods used to carry out this paper are descriptive, analytical, and comparative. Keywords: environmental noise, transport, public services sector, public health
- Waiving The Criminal Prosecution According To The Decision Of The Constitutional Court No. 23/2016
In the present paper we have examined the institution of waiving the criminal prosecution, as provided in the current law, a text which was modified after the publication of the Decision of the Constitutional Court no. 23/2016. We also considered the formulation of critical opinions regarding the possible existence of other elements of unconstitutionality in the text in force. A very important aspect is the notification of the absence in the text, of some provisions that condition the application of the institution on the need to repair the prejudice caused to the victim. The paper can be useful to students and master students of the country's faculties, as well as practitioners in the field. Also, the work can be useful to the legislator for operating some changes in the current content of the text that regulates this institution. Keywords: crime; critical opinions; de lege ferenda proposals; criteria
- The Legislative Acts Of The European Union
Whether we are specialist in law, economics, art or a simple individual, all the citizens of the European Union meet in daily life, with legal terms such as regulation, directive, decision. We also get in touch, directly or indirectly with the institutions of the European Union, The Parliament, the Council, the Commission etc. For the states of western Europe, members of the European Communities for decades, these institutions and legal notions are absolutely normal, commonplace. For the citizens of the states from central and eastern Europe, relatively new members of the European Union, after 2000, these legal terms are still novelty. This is the reason why, the scientific paper aims to analyze the provisions of the Lisbon Treaty, Section 1, Chapter 2, art. 288 and the following regarding the legislative acts of the European Union. According to art. 288 of the Treaty on the Functioning of the European Union, -to exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions". The paper aims to presents their legal character, the competent institutions to adopt these legislatives acts, the procedure for adopting and entering into force of these acts. In achieving this scientific objective, we shall present these acts comparatively, emphasizing the similarities and the differences between them, considering both the provisions of the Lisbon Treaty, as well as the scientific works in the field of the European Union Law. Keywords: regulation, directive, decision, recommendation, European Union, legal acts, European Parliament, European Commission, Council
- Aspects Regarding The Notion Of Professionals And The Classification Of Professionals
The work summarizes the theoretical consequences of introducing the notion of "professional" in the New Civil Code. This notion outlines a new conception in the commercial or business law doctrine, being an effect of replacing the old term "trader" (natural person or legal person) used for a long time, not only by theoreticians, but also by practitioners with the complex term "professional trader". Thus, not only the notion of professional is of interest here, but also the classification of professionals. Moreover, with the entry into force of the New Civil Code, the old objective concept of defining commercialization, set by the old Commercial Code from 1887 (implicitly repealed by the New Civil Code, on October 1, 2011), was abandoned and a formal criteria was introduced, procedurally regarding the definition of commerciality (registration in the Trade Register of any professional trader, be it a natural person or a legal person). Keywords: professional, New Civil Code, professional trader, professional non-trader, uniqueness of private law
- The Right To Reply From A Measure For Restoring The Right To Dignity To A Personality Right
The right to dignity is fundamentally linked to the human being. Any breach thereof must give the holder the opportunity to repair the prejudice caused. Most of the time the prejudice is primarily non-patrimonial, which makes it more difficult to remedy. The right of reply gives the interested party a non-patrimonial remedy of the dignity through the possibility of restoring his/her reputation by presenting his/her variant of truth. The purpose of this paper is to highlight the importance of granting the right of reply in the shortest possible time and through the fastest possible means, including through provisional measures. Its recognition at the legislative level only in the field of audio-visual communications is not sufficient, but may represent a starting point for its extension in the civil law. The lack of an express regulation in civil matter does not, however, impede its granting, but the observance of some conditions specific to the civil means of protection of the personality rights is required, and the time elapsed until its exercise is longer and the reply may become inconsiderable. Reparation by equivalent cannot fully restore the right to dignity, which is why the legislative recognition in civil law of the right of reply is required as a personality right in the interest of the individual's self-determination regarding the public presentation of his/her person. Keywords: right to reply, dignity, reputation, lege ferenda
- Evaluation The Assets Of The Debtor In The Insolvency Procedure
The present paperwork aims to approach some aspects related to the procedure of appointing the assessors and evaluating the assets of the debtor who is in insolvency, at the different stages of the procedure. The assessor in the insolvency proceedings is an independent assessor and must be definitive and compatible insolvency practitioner, on the list of the National Union of Insolvency Practitioners in Romania, with the right to carry out expertise in the insolvency proceedings and a member of the National Association of Romanian Assessors. The assessor must take into account the type of specific value in relation to the pursued purpose. Therefore, the valuation of the assets brought as guarantees, in order to prepare the definitive table of the debtor's claims, will have to take into account the market value, while the evaluation of goods for sale in order to obtain liquidity to cover the expenses for the procedure, including for the conservation of the wealth of the debtor, or in order to liquidate the bankruptcy liability, will have to consider their liquidation value. Keywords: evaluation assets, debtor in the insolvency procedure, assessor, liquidation value, market value
- Considerations Concerning The Dissolution Of Companies
The dissolution ends the existence of the company, representing the first stage of this process. Once dissolved, the company survives only for the needs of its liquidation, and upon completion of these liquidation operations, its existence ceases permanently. Similar to its setting-up, the termination of the existence of the company is a process that lasts in time, having a variable duration, in order to carry out operations that are indispensable in order to put an end to the existence of the entity created by the company contract. The dissolution, followed generally by liquidation, does not apply only in relation to the termination of the existence of companies having legal personality. On the contrary, the cessation of companies without legal personality implies the same process. Therefore, the dissolution is not necessarily related to the legal personality of the company. Moreover, even in the case of companies having legal personality, the dissolution does not, by itself, lead to the end of the legal person, because this one survives, but in another, more restricted form, limited to the performance of the liquidation operations. The present paper does not intend to analyze, in an exhaustive manner, the matter of the dissolution of companies, but only to emphasize some aspects which may be relevant both for theoreticians of law, but also for practitioners. This analysis is particularly useful in the context in which a certain conceptual and terminological inconsistency can be noticed between the regulation contained in the Civil Code and the one provided by the special laws on companies. Keywords: company, dissolution, termination, grounds of dissolution, effects
- The Right To Reply From A Measure For Restoring The Right To Dignity To A Personality Right
The right to dignity is fundamentally linked to the human being. Any breach thereof must give the holder the opportunity to repair the prejudice caused. Most of the time the prejudice is primarily non-patrimonial, which makes it more difficult to remedy. The right of reply gives the interested...
- Insolvency - Evolutions And Perspectives Of Legislative Reform At National, European And International Level
At the national level, we can really invoke the passage of a road to maturity of the insolvency legislation, especially the Law no. 85/2014, which was intended to be a legislative reform, with major impact in terms of increasing the percentage of the number of companies that have a second chance,...
- Construction And Execution Of Works Contract. Contractual Balance In The Application Of Contractual Remedies Stage
Through this study, we analyze how the regulations in the field of general theory of obligations have influenced the field of administrative contracts. By the way of issuing the model of purchase agreement for design and execution of work, adopted by the Decision no. 1/2018, the field of...
- Public Office And The Civil Servant In The European Union
The civil servants of the European Union represent the people who have been appointed to work in the permanent department of an institution of the European Union, according to a written document issued by an authority invested by the respective institution with such powers. Their juridic regime...
- Would Amendments From 2018 In The Act On Public-Private Partnership Affect The Increase Of The Scope Of Performance Of Public Tasks In Public-Private Partnership Formula In Poland?
Public-private partnership is one of the forms of cooperation between public entities and non-public sector entities, undertaken on the basis of an agreement for the performance of public tasks. Such a cooperation is covered by a strictly defined legal framework, which guarantees on the one hand...
- Limits Of The Discretionary Power Established Through Enforcing The European Principle Of Proportionality
In the contemporary society, the constitutional and/or legal enshrinement of the discretionary power of the public authorities, including those from the public administration, is understandable, it is a true "given" that must have a legal recognition for them. This margin of appreciation, ...
- Aspects Of Criminalistic Tactics On Research In Case Of Traffic And Illegal Drug Consumption
In the fight against trafficking and illicit drug use, internationally there have been numerous regulations in the field, with states focusing their efforts to combat this scourge. On February 19, 1925, the "International Opium Convention" was signed in Geneva. This Convention regulates...
- The Attributions Of The Family Council
The Civil Code provides for the attributions for the family council a framework provision which is comprised in one article, namely Art 130. The legal text is complex, being structured of 4 paragraphs creating an image of ensemble over the role fulfilled by this guardianship organ, as well as over...
- Papers, my friend, are blowing in the wind: towards a paperless administration
We are witnessing in Portugal an intense movement of dematerialization of files and administrative procedures. Of files, because Public Administration has been moving towards the promotion and effective implementation of documentary registers and their availability in electronic support to the...
- Polish, German And French Examples Of The Application Of Actio Pauliana To Tax Obligations. Reflections On The Sense Of The Division Into Public And Private Law
The inspiration to write the article was the judgment of the Polish Constitutional Tribunal of 2018 confirming the possibility of applying Actio Pauliana to tax obligations. This issue is focused on typical problems for the application of private law in the public sector. It is, among other things, ...