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Journal articles on the topic 'Romanian law'
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1
Popa, Mircea Ioan. "THE CANTACUZINO INSTITUTE AND HEALTH LAW." Romanian Archives of Microbiology and Immunology 80, no. 1 (March 30, 2021): 81–89. http://dx.doi.org/10.54044/rami.2021.01.08.
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"Providential personalities are an essential, unifying, element across cultures, omnipresent in the world’s history. They are one of a kind, born every century or even more than a hundred years apart, and their emergence is conditioned by specific factors and even circumstances. Among Romania’s historical personalities, Professor Cantacuzino’s name and achievements could not be contained within the country’s borders. His genius has left its mark not only on the Romanian public health system, or even the nearby Balkan area, but has echoed way further than Europe at that time. The conscious effort he made to offer more than he had previously received stemmed from his exceptional personal development work. A multifaceted persona like few have been, he has managed to acquire great insights into many subjects and, more importantly, he had the character and strength to establish a Healthcare Legacy and an Institute that will soon celebrate 100 years of existence. The current generation and the ones to come should learn their history and praise the achievements of their ancestors, while also preserving and further cultivating them, for the good of Romanian citizens, Romania and the global health system."
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Sferlea, Elena. "THE REGIONAL LEVEL IN THE ROMANIAN AND FRENCH LAW – COMPARATIVE STUDY." Agora International Journal of Juridical Sciences 11, no. 2 (January 20, 2018): 82–87. http://dx.doi.org/10.15837/aijjs.v11i2.3165.
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The present paper outlines a comparative study on the regional level as stipulated by the Romanian and French legislations. It aims to identify the main similarities and differences between the Romanian development regions and the French regions, although Romania does not have a real administrative regional level. The study also considers the particular territorial features of the two states, along with the specific trends they are following in their administrative-territorial reorganization and which can determine different evolutions.
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Neagu, Norel. "A Need for Change: The Romanian Supreme Court's Approach to 'Appeals in the Interest of Law'." Review of Central and East European Law 35, no. 3 (2010): 293–305. http://dx.doi.org/10.1163/157303510x12650378240395.
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AbstractThis article deals with the possibility of changing the approach to appeals in the interest of law in Romania according to the relevant guidelines extracted from the case law of the European Court of Justice. It provides a comparative analysis of Romanian Supreme Court decisions with those of the European Court of Justice with respect to guiding principles versus a strict interpretation of written legislation. The author highlights a modern path for the Romanian Court to follow in light of the requirements of the twenty-first century.
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Veress, Emőd. "Integration of Transylvania into Romania from the Perspective of Private Law (1918−1945)." Acta Universitatis Sapientiae Legal Studies 9, no. 2 (January 15, 2021): 347–61. http://dx.doi.org/10.47745/ausleg.2020.9.2.07.
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In the following study, we present the legal history of Transylvania following the unification of this territory with Romania at the end of the First World War, and until the installation in Romania of the Soviet-type dictatorship. The heterogeneity of the Romanian legal system resulting from the country’s territorial gains is discussed as well as the various attempts at integrating Transylvanian law into the nascent legal order of Greater Romania. We also present the short interregnum in which Hungarian private law was again applied between 1940 and 1944. The Romanian legislator, facing the imperative necessity of creating a unified national legal order, had the choice of two paths: extend the already outdated laws of the Old Kingdom of Romania to the newly acquired territories or adopt new unitary laws. Both paths were taken depending on the field of law and the historical period concerned, as presented. Finally, the legislator opted for the extension of the laws of the Old Kingdom at the end of the Second World War, even in fields where better-quality norms were enacted during the reign of King Carol II but were never implemented.
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POPA, Marius. "THE LEGAL SYSTEM AND THE NATIONAL DEFENSE SYSTEM. REPORTS AND FUNCTIONALITY." STRATEGIES XXI - National Defence College 1, no. 72 (July 15, 2021): 113–34. http://dx.doi.org/10.53477/2668-5094-21-08.
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Within any legal system, implicitly also in the national one, the Constitution stands out as important, a fundamental law that represents the supreme system of political-legalnorms. Article 118 para. 2 of the The Constitution of Romania states that "The structure of the national defense system, the preparation of the population, economy and territory for defense, as well as the status of military personnel, are established by organic law" and, in light of the above regulation, the headquarters of the matter regarding the national defense system is represented by Law no. 45/1994 of the national defense of Romania, with the subsequent modifications and completions, this being established, at art. 6, the fact that the national defense system includes: leadership, forces, resources and territorial infrastructure. On the other hand, collaboration with partners or allies within NATO or strategic partnerships is an essential component of national and regional security.Thus, the participation of the armed forces in missions and operations outside the territory of the Romanian state, the entry, stationing, conduct of operations or transit of Romanian territory by foreign armed forces, or Romania's participation in the Missile Defense System, are legally substantiated issues. on a complex set of normative acts which, through their interpenetration, through the existing relations between them, manage to create a true pillar of the national and collective defense.Keywords: national defense system; Supreme Council of National Defense; defense planning.
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Prestia, Joseph D. "‘Civilized States’ and Situational Sovereignty: The Dilemmas of Romanian Neutrality, 1914–1916." European History Quarterly 51, no. 1 (January 2021): 45–75. http://dx.doi.org/10.1177/0265691420983582.
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At the 1914 Crown Council, which decided to keep Romania neutral in 1914, former Conservative prime minister Petre Carp offered his succinct and direct opinion about the direction of Romanian foreign policy in the opening days of the Great War. He admonished the Council that, if Romania wanted to remain among the ‘civilized states’ ( statele civilizate) it had to follow Germany and Austria-Hungary into war immediately. The idea of ‘civilized states’ that dominated the remainder of the Crown Council was not merely an intersubjective social construction. It was a legal term of art in fin de siècle international law that could be applied in the real world. It was only the legally-civilized states that enjoyed the full panoply of rights, privileges, and protections under international law. This is a study of how Romania’s policy-making elite, and Ion I. C. Brătianu’s government, in particular, confronted the challenges of ‘situational sovereignty’. It asserts that, during Romania’s two-year Period of Neutrality (3 August 1914–17 August 1916), Brătianu initially used bilateral conventions as both a method to establish recognition of Romania’s status (or at least a guarantee of territorial integrity) and as a litmus test to determine which (if any) foreign powers recognized Romania as a legal equal. Although he was able to achieve a short-term victory of having an equality clause inserted into the August 1916 political convention with the Entente, it is unclear if that clause could have been durable. Ultimately, Brătianu was trapped between a desire to secure Romania’s recognition through international agreement, but confronted with the reality that Romania’s lack of recognition as a legally-civilized equal meant those very conventions could be unenforceable.
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Iancu, Bogdan. "Post-Accession Constitutionalism With a Human Face: Judicial Reform and Lustration in Romania." European Constitutional Law Review 6, no. 1 (February 2010): 28–58. http://dx.doi.org/10.1017/s1574019610100030.
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Process of EU-driven constitutionalisation – Decision of Romanian Constitutional Court post-EU accession – Nullification of the Lustration Law to pre-accession judiciary reform processes – Lustration elsewhere considered a matter of collective guilt of confrontation with the past – Lustration in Romania related to legislative attempts to reform the judiciary
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Cojocaru, Cristina. "Teaching Romanian Business Law through the Medium of English." GATR Global Journal of Business Social Sciences Review 7, no. 1 (February 20, 2019): 20–26. http://dx.doi.org/10.35609/gjbssr.2019.7.1(3).
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Objective - The course of Business Law aims to provide students with the basic legal terms and concepts necessary in their economic activity. Teaching law through the English language does not mean translating the course or the laws from Romanian but involves applying interactive methods so that the information is well conveyed and language does not become a barrier in the process of learning. Methodology/Technique - By turning to action research, the aim of the study is to identify students' perception on the relevance of the content and the teaching methodology of the current Business Law course, to identify the key elements of the new Business law course to be designed, employing active learning methodology and designing specific activities to be proposed to students. Findings - Debates or discussions are never absent from class activities, in which I try to engage all students. The lectures are delivered with visual aids, i.e. Power Point program, while the slides are drafted in an enjoyable manner. Novelty - Most recently in Romania, there has been a legislative change which saw the introduction of new fiscal advantages into limited liability companies fulfilling certain requirements (SRL-D), a topic which exceeds the current curriculum. Type of Paper - Empirical. Keywords: Romanian Business Law; Teaching; Law; Students' Perception; Teaching Methodology. JEL Classification: K10, K29.
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Beckett, Celia, Amanda Hawkins, Michael Rutter, Jenny Castle, Emma Colvert, Christine Groothues, Jana Kreppner, Suzanne Stevens, and Edmund Sonuga-Barke. "The Importance of Cultural Identity in Adoption: A Study of Young People Adopted from Romania." Adoption & Fostering 32, no. 3 (October 2008): 9–22. http://dx.doi.org/10.1177/030857590803200304.
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This article by Celia Beckett, Amanda Hawkins, Michael Rutter, Jenny Castle, Emma Colvert, Christine Groothues, Jana Kreppner, Suzanne Stevens and Edmund Sonuga-Barke examines attitudes regarding cultural and national identity in a group of 165 young people adopted from Romania. The attitudes of their adoptive parents are also explored. The adoptive parents were interviewed over three or four time periods, when their children were 4/6, 11 and 15 years, and the adopted young people at the age of 11 and 15. The majority of the adopted young people had an interest in Romania and expressed a wish to visit their country of origin. However, there was no association between this interest in Romanian identity and levels of self-esteem. The majority of the adoptees saw themselves as English or Anglo-Romanian. A small minority saw themselves as Romanian; these adoptees had both lower self-esteem and a higher level of deprivation-specific problems. The degree of sustained interest shown by adoptive parents in the importance of Romanian identity was associated with the adopted young people's interest in Romania. However, parental interest in this issue had significantly declined by the time the children were 11 years old, by which time fewer adoptive parents than young people had plans to visit Romania in the future.
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Iovan, Marţian. "Simion Bărnuţiu – Pioneer in the development of the law sciences and of the legal education in Romania." Journal of Legal Studies 20, no. 34 (December 1, 2017): 52–63. http://dx.doi.org/10.1515/jles-2017-0016.
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Abstract The author analyses in this paper S. Bărnuţiu’s contribution to the establishment of the legal education and to the development of the sciences of the Law in the Romanian area during the mid-19th century. Adept of the natural law philosophy, ardent promotor of human and people’s rights, Bărnuţiu remains a personality of reference in the Romanians’ history not only for being the political leader and ideologist of the Transylvanian 1848 Revolution, but also for establishing the legal education at the University of Iasi by inspiring himself from the curriculum of the profile schools of law from the Western Europe. Having a unitary conception on the law and on the history of law, considering the law from a systemic perspective, Bărnuţiu contributed into the edification of a modern, constitutional, and democratic State in the united Romanian Principalities.
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Linderfalk, Ulf. "I. INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES TRIBUNAL, SPYRIDON ROUSSALIS v ROMANIA, DECISION OF 7 DECEMBER 2011." International and Comparative Law Quarterly 62, no. 1 (January 2013): 241–50. http://dx.doi.org/10.1017/s0020589312000516.
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International lawyers interested in international investment law and treaty interpretation issues should consider the international award recently delivered by an ICSID Tribunal in the case of Spyridon Roussalis v Romania.1 The case arose out of the privatization of a Romanian warehouse company (SC Malimp SA). On 23 October 1998, another Romanian company (Continent SRL) entered into a share purchase agreement with the Romanian authority for state assets recovery (AVAS) to purchase 372,523 shares in SC Malimp SA, or the equivalent of a 70 per cent interest in the company. Following the acquisition of SC Malimp SA, the name of that company was changed to SC Continent Marine Enterprise SA (or ‘Continent SA’ for short).
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Lowe, Marion. "Romania — Moving towards Family Based Care." Adoption & Fostering 17, no. 1 (April 1993): 21–25. http://dx.doi.org/10.1177/030857599301700106.
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The Romanian Orphanage Trust, in partnership with the Romanian government, is developing a model foster care programme. Marion Lowe, following a recent visit to Romania, describes the work of the Trust and the scale of the challenge facing those attempting to build services for families and children.
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Chirieac, Roxana. "Fiducia-warranty in the Romanian law - a possible practical transposition from the French law?" Technium Social Sciences Journal 12 (September 28, 2020): 77–85. http://dx.doi.org/10.47577/tssj.v12i1.1764.
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The fiducia is an institution of long standing tradition in the civil law systems, being regulated in these ever since the roman law period. But, by the assuming the Napoleon French Civil Code, the fiducia was taken out of the regulations of our country, until the entry into force of the 2011 Civil Code. Then, our legislator decided to acquire the French regulations and reintroduce in the national regulations the fiducia institution. Unfortunately, the institution did not come to know success – although meant to compete with the Anglo-Saxon trust, at the present moment there are up to 200 fiducia registered in Romania. On the opposite side, almost 20% of Americans owns a type of trust. The circumstances in Romania are similar to those in France, where the current regulation of the fiducia was „conceived”, where scholars as well as practitioners have tried the implementation of different variations of the fiducia in order to make the institution applicable. Thus were created fiducia-warranty (fiducie sûreté), fiducia management (fiducie gestion), and scholars have spoke about fiducia concessionary (fiducie libéralité). The present study aims to analyse the fiducia warranty institution and to suggest a „transposition” of this practice in the Romanian legislation. We do not consider that the fiducia will generate as much enthusiasm as the trust, that is much more flexible in its constitution as well as its exploitation, but we consider that it may develop its application in our national legislation.
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Diaconu, Ana-Felicia. "Training of Archivists in Romania: Challenges, Limits and Perspectives." Atlanti 27, no. 2 (October 17, 2017): 79–86. http://dx.doi.org/10.33700/2670-451x.27.2.79-86(2017).
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The profession of archivist is part of the regulated professions in Romania which implies setting up the responsibilities specific to the profession by the regulatory authority, i.e. the Romanian National Archives. This reality overlaps its own functioning law, which imposes the National Archives` mission and precise responsibilities. This paper envisages the way in which the training of archivists is carried out in Romania starting from the legal framework governing the profession, the content of the professional standard for the archival profession, and continuing with those developments in the Romanian contemporary society which clearly indicate the need to establish a training programme adapted to the current requirements of the profession.
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Tudoraşcu, Miruna Mihaela. "THE TESTAMENT UNDER ROMANIAN CIVIL LAW PROVISIONS." Agora International Journal of Juridical Sciences 10, no. 2 (January 30, 2017): 53–60. http://dx.doi.org/10.15837/aijjs.v10i2.2839.
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The normative dispositions that we will refer to in this paper, are found in The Romanian Civil Code, in the 4th Book, called “About Inheritances and Liberalities”, 3rd Title, called “Liberalities”, 3rd Chapter “The Testament”, articles 1034-1099. It is a very important civil institution, usually used, when a person wants to prefer somebody to collect the inheritance, a part of the inheritance, or a specific good from his estate. By article 1034 from RCC[1] “the Testament is the unilateral, personal and revocable legal act, through which a person, named testator, will decide, using a legal form, about his estate and other wills, for the time he will not be alive anymore”. In the doctrine we find different opinions in connection with the content of the will (testament), in connection with the juridical nature of it, or in connection with the form vices or with the fundamental vices impact over the validity of the testament. The discussions are very extensive, so this is one of the reasons that we took in consideration for realizing this scientific paper. We will present also different types of testaments that we have provisioned in Rom
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Ilie, Măgureanu. "New Provisions Regarding Adoption in Romanian Law." Procedia - Social and Behavioral Sciences 81 (June 2013): 55–59. http://dx.doi.org/10.1016/j.sbspro.2013.06.387.
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Diamant, Betinio, and Vasile Luncean. "Note on the history of Romanian Law." Journal of Legal History 7, no. 1 (May 1986): 98–101. http://dx.doi.org/10.1080/01440368608530856.
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Vrăbiescu, Ioana. "Embodying the nation, representing the state: Performativity of police work in the Franco-Romanian bilateral agreement." Environment and Planning C: Politics and Space 38, no. 7-8 (June 20, 2020): 1429–46. http://dx.doi.org/10.1177/2399654420931865.
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The French police and Romanian forces seek to identify, surveil and control Romanian citizens who are suspected to be ‘irregular migrants’ or ‘criminals’ in France. The two states sealed a bilateral agreement to deploy Romanian police forces on French territory: twice a year Romanian uniformed officers patrol next to the French police, whereas liaison officers work throughout the year in several French police units. Policing its own citizens on another state territory becomes part of police work in the EU, a police model encouraged and criticized at the same time. This article engages in debates on geographies of policing and cross-national policing in the context of EU citizens’ deportation. It problematizes the ‘imagined’ and ‘fictional’ in nation, state and police work instead of the claimed management, control, and law enforcement. It scrutinizes the role of performativity in the work of Romanian and French joint police forces. It documents cultural organization of the police in France and Romania, and it empirically explores personal positions in Franco-Romanian police forces working together in the Paris region. This article aims to evidence the cultural, social and institutional dynamics within transnational policing played out against the background of a bilateral mission.
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Ploscariu, Iemima. "Transnational, National, and Ecumenical Convergences: The Baptist, Anglican, and Orthodox Reactions to the Romanian 1938 Religion Law." Journal of Religion in Europe 12, no. 1 (November 18, 2019): 49–77. http://dx.doi.org/10.1163/18748929-01201009.
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The Romanian Ministry of Religious Denominations passed Decision nr. 26208 in 1938, severely curtailing the activity of a number of religious associations. The most numerous of these were the Baptists. They maintained close ties with ethnic minority co-religionists within Romania and collaborated with religious organizations abroad, especially the Baptist World Alliance (bwa). The latter resulted in conflict with Romanian government and ecclesiastical authorities. The actions of the bwa in opposition to the Decision reveal the extent to which transnational organizations influenced the development of policies concerning religion during the crucial years leading into World War ii. Using previously unused archival material, the article draws out the role of domestic religious minorities in the struggle between the Church, the State, minority groups, and foreign powers and provides a fascinating convergence of national, transnational, and ecumenical attempts at changing the religious space in Europe.
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Creț, Daniela Cristina. "THE ARBITRAL DECISION PRONOUNCED IN AD-HOC DOMESTICLAW ARBITRATION IN THE REGULATION OF THE NEW ROMANIAN CODE OF CIVIL PROCEDURE." Agora International Journal of Juridical Sciences 8, no. 4 (December 17, 2014): 204–13. http://dx.doi.org/10.15837/aijjs.v8i4.1653.
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The need to relieve the Romanian judicial system from the large number of cases, coupled with the assignment of specific prerogatives to certain people, bodies or institutions regarding the settlement of certain disputes, has resulted in the extension of arbitration as a significant way of settling litigations of a private nature.This article presents some issues referring to arbitration in Romania, and then analyze, from the perspective of the New Romanian Code of Civil Procedure, the features of a settlement pronounced as a result of ad-hoc domestic-law arbitration, called arbitral decision, stressing elements of novelty and essential changes brought to it.
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Popa, Carmen Teodora. "GENERAL PRINCIPLES OF INHERITANCE LAW IN THE ROMANIAN LAW AND THE MUSLIM LAW." Agora International Journal of Juridical Sciences 10, no. 2 (December 28, 2016): 34–41. http://dx.doi.org/10.15837/aijjs.v10i2.2805.
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This article discusses the general principles of legal regulation of inheritance of the Civil code in force and their comparison with those prevailing in Muslim law. The Muslim law of inheritance ab intestat -the only “legal one” because really the Muslim law is not recognized in “testamentary succession”- it produces awe to the one who discovers. Its technique, but mostly the principles with which they are at the base and the spirit that it animates (it might not be without regard for the sacred), constitute difficulties for lawyer largely influenced by French law. More than in any other system of law, we need to look in history, not so much due to tracking descendants, about which we know quite a bit, as well as with the purpose to avoid countermeasures meanings in terms of the spirit that animates this right.
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Barsan, Magdalena Maria. "AN OVERVIEW OF THE ANTI CORRUPTION LAWS IN ROMANIA. ELEMENTS OF COMPARED LAW." Agora International Journal of Juridical Sciences 9, no. 4 (February 3, 2016): 15–19. http://dx.doi.org/10.15837/aijjs.v9i4.2328.
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In the introduction of this paper, we will discuss the general aspects of the phenomenon of corruption in contemporary society. Furthermore, the article aims to briefly analyze the anti corruption laws in Romania, but also to to discuss the corruption crimes as regulated by the Romanian Criminal Code and other special laws. We will also present important aspects of the anti corruption laws in countries such as Belgium, Germany, Spain, France by directly referring to the corruption crimes as regulated in the laws of those countries.
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SIMION, Mihaela. "CONSTITUTIONAL LEGAL DISPUTES BETWEEN THE PRESIDENT OF ROMANIA AND OTHER PUBLIC AUTHORITIES IN THE CASE-LAW OF THE CONSTITUTIONAL COURT OF ROMANIA." Agora International Journal of Juridical Sciences 11, no. 2 (January 20, 2018): 88–95. http://dx.doi.org/10.15837/aijjs.v11i2.3166.
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Article 146 (e) of the Romanian Constitution stipulates the power of the Constitutional Court to solve legal disputes of a constitutional nature between public authorities. Thus, the Constitutional Court solves or settles constitutional disputes between the authorities belonging to the three powers in the state. These situations may concern disputes between two or more constitutional authorities regarding the content or length of their powers, as provided for by the Constitution. The result sought is to overcome possible institutional blockages.From 2005, when the Constitutional Court of Romania first decided on such dispute, and until today, thirteen decisions for settling certain disputes between the President of Romania and other public authorities have been issued. The multitude of disputes is due, primarily, to the semi-presidential system of government provided for by the Constitution and to the ambiguous provisions regarding the division of powers between the Romanian President, Government, Parliament and the judicial power. Last but not least, this dispute is due to a certain political context, too. The present paper aims to analyze the case-law of the Constitutional Court of Romania regarding the constitutional legal disputes between the President of Romania and other public authorities, as well as its impact on the constitutional order and the relationships between the public authorities from the checks and balances system.
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Iordache, Romanița Elena. "Registration of Religious Entities and Religious Autonomy in Romania—Old Limitations and New Challenges." Religion and Human Rights 8, no. 1 (2013): 77–91. http://dx.doi.org/10.1163/18710328-12341239.
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Abstract In January 2013, the Romanian Law on Religious Freedom and the General Status of Religious Denominations reached five years of implementation—the right time to assess the quality of the law, its fairness and enforceability, the way it responded to foreseeable challenges but, most importantly, to unexpected ones. Though, at the time of its adoption, law-makers, practitioners and religious denominations alike considered the law a working compromise doomed to be amended soon, no amendments were made so far. In spite of criticisms concerning the over-restrictive three tier system of registration for religious entities, voiced during the adoption process and subsequently, the biggest challenge for the law came however from a different direction through a little known case decided by the European Court of Human Rights in January 2012 and referred to the Grand Chamber in July 2012. The domestic proceedings as well as the chamber judgment in Sindicatul Păstorul Cel Bun v. Romania highlight that the principle of religious autonomy and the relation between state and Church still need to be defined and enforced in the Romanian context.1
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Rotaru, Alexandru, Cristian Barsu, and Horatiu Rotaru. "GHEORGHE BȂRLEA MD, PhD, PUPIL AND COLLABORATOR OF PROFESSOR BILAȘCU." Medicine and Pharmacy Reports 91, no. 3 (July 24, 2018): 357–60. http://dx.doi.org/10.15386/cjmed-1068.
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Being the first collaborator and assistant of Professor Gheorghe Bilaşcu, the founder of Cluj and National School of Dentistry, Dr. Gheorghe Bârlea kept very close to his master in developing the Dental Medicine in Cluj and in Romania, from 1908 to 1936.From the beginning of his career, he was involved in the establishment of the new Dental Clinic in the University of Superior Dacia as well as in the compilation of the teaching curriculum at the level of the avant-garde universities at that time. He was deeply involved in the recognition of Dentistry as discipline and medical practice and in the official achievement of the law and practice of this profession in Romania. Dr. Bârlea devoted his life and wotk to the cultural and social life of the Romanians, his efforts contributing to the Great Union of Romania.Passing away at an early age, Dr. Bârlea left Romanian dental profession without an important support.
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Tutuianu, Ion. "DISLOYAL COMMERCIAL COMPETITION AND THE JURISDICTIONAL RESPONSIBILITY IN THE ROMANIAN AND E.U. LAW SYSTEM." STUDIES AND SCIENTIFIC RESEARCHES. ECONOMICS EDITION, no. 13 (December 17, 2008): 116. http://dx.doi.org/10.29358/sceco.v0i13.33.
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The esential element of market economy is competition. Foresights of comercial competition are also included in the treaties made with third party states, which are not part of the EU. Besides that, Romania has taken over several firm obligations regarding competitional policies, even by common European agreement on the 1st of February 1993. In this agreement, the progressive elimination of discrimination between romanian economical agents and commons is being provided for, in matters of supplying and distribution conditions of merchandise. This is one of the few things solved regarding this chapter.
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Mirica Dumitrescu, Catalina-Oana. "Professional career management and personal development for the employees of the Romanian medical system." Proceedings of the International Conference on Business Excellence 11, no. 1 (July 1, 2017): 390–97. http://dx.doi.org/10.1515/picbe-2017-0042.
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Abstract The purpose of this article is to inform as many persons as possible on the present situation of doctors in Romania, to present more theoretical and practical elements that lead to the development of a sustainable career in the Romanian medical system. So I tried to get as much information about the current situation of the medical system, to obtain a certain confirmation of what was said by those working in the system. Gradually, I found out about the hospital problems, the insufficient budget allocated annually by the mismanagement, media campaigns of doctor denigration, the increasingly precarious health conditions of Romanians, the colossal businesses of the pharmaceutical industry, the heavily discussed and postponed Health Law, that managed to pull a lot of people in the street, and many other items that are not only intended to sound an alarm regarding the condition of medical workers in Romania. Besides the researches and the relationships on the medical education status, the situation of available positions, the distribution of doctors, their salaries, the legal and ethical operating framework, I undertook also a study among physicians (especially those being at their early career) to find out the elements that led them to choose this career and what is the current situation of medical career in Romania. For this, I chose questions that reflect the doctors’ satisfaction at workplace and how performance is influenced by the satisfaction level obtained from the medical services provided in the Romanian healthcare facilities. The study had both expected results, already knowing the current situation, but also unexpected, given the expectations of doctors. In more detail, there is a large number of young doctors that before thinking about work at a prestigious hospital abroad, think to what extent the current workplace in Romania offers support for family, pension, holidays etc. Thus, we considered appropriate to bring up within the paper the current possibilities for personal development, the personal brand in various mediums of communication. This paper could be a viable support to provide the necessary elements in creating an upward career path for young doctors. This paper aims primarily to present a current situation of the medical system, more statistical data (unfortunately, statistics regarding the Romanian medical system are not very up to date, most information relates to the year 2007-2009 - 2010), but also the Romanian situation seen from outside or media. The situation is far from being optimistic, the presented data are clear signals of alarm on the present status, but we hope that in the end, this paper has managed to arouse the interest of Romanian doctors with potential on the possibilities and opportunities for a career development in the homeland.
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Stoica, Florentina Camelia, Irina Soare, and Radu Ștefan Pătru. "Theoretical and practical aspects relating to occupational accidents aboard ships." SWS Journal of SOCIAL SCIENCES AND ART 3, no. 1 (March 2, 2021): 1–7. http://dx.doi.org/10.35603/ssa2021/issue1.01.
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This study analyses the theoretical and practical aspects relating to a special category of occupational accidents, more precisely the occupational accidents aboard ships. The International Labour Organization (I.L.O.), while aware of the importance of this topic, has issued the Maritime Labour Convection (MLC 2006) – ratified by Romania through the Law no. 214/2015 - ensuring the legal framework for maritime personnel by taking into account the special labour conditions thereof. On the internal level, a series of regulations in the Romanian law provide a legal framework in this matter. Among these, we may mention the Guide of March 19, 2018 for the safe management and health protection of seafarers aboard the ships flying the Romanian flag, a document bringing important regulations in this field. In this study we will also present the jurisprudential issues regarding the occupational accidents aboard ships which, together with the theoretical approach, will lead conclusions relating to the relevant regulations in the internal law.
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MORARIU, Iuliu-Marius. "INTERFERENCES BETWEEN MORALS AND LAW IN ROMANIAN CONTEXT." Research and Science Today 19, no. 1 (March 15, 2020): 69–77. http://dx.doi.org/10.38173/rst.2020.19.1.7:69-77.
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Sztranyiczki, Szilárd. "Property Law in the New Romanian Civil Code." Acta Universitatis Sapientiae, European and Regional Studies 10, no. 1 (December 1, 2016): 107–19. http://dx.doi.org/10.1515/auseur-2016-0023.
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Abstract Taking into account the recent change in Romanian civil legislation, we consider the present scientific material very useful for an overview of this institution under the auspices of the New Civil Code. The national legal provisions set clear, therefore, that the property is divided into two institutions, the public property and the private property. Property classification is very important in this form for us to understand the legal nature and the applicable regime for each type of property. Moreover, the property right, either private or public, has an elite regulation in most European laws, but also in universal laws the respect for it and the guarantee of this right can be also found in the fundamental human rights, in the international treaties, and in the constitutions of different nations. We will try, therefore, to offer a brief overview of the new Romanian legislation in the mentioned field, which is already harmonized with European legislation, the result being the New Romanian Civil Code. We believe that the interpretation should be considerably more extensive, but - pragmatically - we will try to capture the main theoretical and practical features to denote the importance of this institution.
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Athanasiu, Alexandru. "Evolution of the Romanian Labour Law 1990–2005." Transition Studies Review 13, no. 1 (May 2006): 6–9. http://dx.doi.org/10.1007/s11300-006-0077-0.
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MIHAI, Ioan-Cosmin, and Cătălin ZETU. "Romanian Law Enforcement Involvement in Fighting Cyber Crime." International Journal of Information Security and Cybercrime 8, no. 2 (December 27, 2019): 89–96. http://dx.doi.org/10.19107/ijisc.2019.02.06.
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There are various legislative and technological developments in the field of cybersecurity that make a positive impact and create excellent opportunities, but sometimes can affect the investigation of the cybercrime phenomenon. This paper underlines the need for international cooperation and presents the Romanian law enforcement involvement in fighting cybercrime.
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Tulin, K. "LEGISLATIVE DIMENSION OF THE FUNCTIONING OF ROMANIA'S EDUCATION SYSTEM." Visnyk Taras Shevchenko National University of Kyiv. Pedagogy, no. 2 (12) (2020): 63–65. http://dx.doi.org/10.17721/2415-3699.2020.12.14.
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The article is a study of the main legal documents governing the functioning of the Romanian education system. The documents that create the regulatory and legal field of education are identified. It is noted that the Strategy for the Development of Vocational Education in Romania for 2016-2020 provides for four main strategic goals and discloses each of them. The main provisions of some articles of the Law of Romania "On National Education", №1/2011 of January 5, 2011 are considered. Attention is paid to the issues of education of national minorities and the organization of their education in the education system. It is noted that the Law on National Education, 1/2011 of January 5, 2011 establishes the possibility of teaching in educational institutions in the languages of national minorities, but the study of Romanian language and Romanian literature is in the state language. It is determined that since the beginning of the first private universities and the beginning of a rapid increase in the number of higher education institutions, faculties and research programs/specializations, a law has been adopted establishing the National Council for Academic Evaluation and Accreditation. in 2005 it was replaced by the Agency for Quality Assurance in Higher Education (ARACIS). The functions assigned to ARACIS are considered and the steps of the accreditation procedure are revealed. It is noted that according to Article 17 of the Law "On Approval of the Government Emergency Decree №75/2005 on Quality Assurance in Education" one of the tasks of ARACIS is to develop a Code of Professional Ethics for experts in assessment and accreditation. It is stated that one of the important functions of ARACIS is the maintenance of the National Register of Experts Conducting the Accreditation Procedure and describes the list of data entered into it.
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Vermeșan, Horațiu, Alexandrina Mangău, and Ancuța-Elena Tiuc. "Perspectives of Circular Economy in Romanian Space." Sustainability 12, no. 17 (August 22, 2020): 6819. http://dx.doi.org/10.3390/su12176819.
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The circular economy (CE) is a popular concept in the European Union (EU) space, which has been the subject of numerous research and substantiation activities. In the last years, there has been a growing interest in Romania regarding the characteristics of this new economic model and the principles on which it works. Referring to Romanian specialized literature currently available regarding the submitted topic, we consider that the theoretical part is insufficiently structured. In addition, by pointing out the applicability of the circular economy in Romanian space, we consider this to be represented mainly by the fragility of its effective and practical implementation. The examples of Romanian successes in the field of circular economy are limited, a fact that can be explained—from our perspective—through the aspect that in other EU countries, the process of development of CE has some precedents, a stronger background and a ”self-constructed” history in the topic. There is undoubtedly a necessity for adopting this new economic model, considering that, for the most part, Romanian economy is still dependent on the linear economic system. Starting from these arguments, the proposed article uses a thematic debate of the notion of circular economy, presenting, at the beginning, an incursion into the predominantly European variety of theoretical approaches. The selection of definitions and conceptualization is continued with an analysis of the stage of implementation of CE in Romania. The purpose of this approach is to investigate a niche identified in the Romanian space, not covered in the specialized scientific research and to expose the specificity of the process of transition of Romania to a circular economy, of the barriers encountered—namely, the problem related to the attitude and mentality regarding this new concept. We also point out that the intention of the study is to integrate a ”different” contemporary and very current economic concept into a real economy, and at the same time, to increase the visibility of its application at the level of a member country of the EU. The challenges encountered in the context of the increasingly present tendency in Romania of assimilating and complying with the precepts of the circular economy are also detailed, proposing, at the end of the study suggestions for improving the gaps identified at this level. The most realistic implementation of the circular model in Romania represents a qualitative plus for the human-society factor, as well as for the environment. In conclusion, we note that, despite the evolution of the number of theoretical approaches and concerns, the field of circular economy and the perspectives it proposes, continues to offer a favorable ground for further research.
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Pavel, Nicolae. "Reflections About Public Property In The Romanian Constitutional System And Comparative Law – Selective Aspects." International conference KNOWLEDGE-BASED ORGANIZATION 21, no. 2 (June 1, 2015): 492–99. http://dx.doi.org/10.1515/kbo-2015-0084.
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Abstract What seems relevant for the present study to highlight is the approach evolving reflections about public property in the Romanian constitutional system and comparative law. The subject of the scientific endeavour will be circumscribed to the scientific analysis of its parts, as follows: 1) Introduction. 2) Identification of constitutional rules on public property in Romanian constitutional system and comparative law. 3) Highlights of Romanian doctrine and comparative law on public property. 4. Highlights of jurisprudence regarding public property. 5) Conclusions.
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Marian, Cosmin Gabriel, and Ronald F. King. "Plus ça change: Electoral law reform and the 2008 Romanian parliamentary elections." Communist and Post-Communist Studies 43, no. 1 (February 4, 2010): 7–18. http://dx.doi.org/10.1016/j.postcomstud.2010.01.004.
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Romania reformed the law governing its parliamentary elections between 2004 and 2008, shifting from a complex proportional representation system based on county-level party lists to a complex uninominal system in which each district for the Chamber of Deputies and the Senate elects one representative. The change in law emerged after more than a year of heated political controversies, including partisan and personal animosity between President Basescu and Prime Minister Tariceanu, a failed attempt at impeachment, a deadlocked special electoral commission, a failed popular referendum, an unfavorable constitutional court ruling, and a confusing final accord brokered under deadline. Qualitative comparison of the 2004 and 2008 laws reveals that the heralded reform merely added an additional layer of calculation to the previous electoral system. Quantitative analysis using counterfactual estimation reveals that the new law had absolutely zero effect on the partisan outcome. In the conclusion, we explore the implications of these findings for Romanian politics and the politics of electoral reform more generally.
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Sferlea, Elena. "SOME PARTICULAR ASPECTS OF THE LEGAL STATUS OF LOCAL ADMINISTRATION IN THE ROMANIAN AND FRENCH CONSTITUTION." Agora International Journal of Juridical Sciences 8, no. 3 (October 2, 2014): 51–54. http://dx.doi.org/10.15837/aijjs.v8i3.1452.
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Part of a wider comparative research focused on the evolution of local government in Romania and France during the last twenty years and, in particular, on the progress made by the two countries in their common way towards decentralization, this study takes into account the relatively recent changes in the Constitution relating to local law and wants to emphasize the sometimes different approaches of legislators as reflected in the specifics of constitutional status in each country, especially the coordinating role assigned to the County Council, under Romanian law, and to the Senate as a national forum of local communities, under French law.
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SOFRONICIU, OANA PUSA. "IMPEDIMENTS IN IMPLEMENTING LOCAL AGENDA 21 IN ROMANIA: A CASE STUDY OF RAMNICU VALCEA STRATEGY FOR SUSTAINABLE DEVELOPMENT." Journal of Environmental Assessment Policy and Management 07, no. 01 (March 2005): 149–63. http://dx.doi.org/10.1142/s1464333205001931.
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This article identifies and discusses the difficulties the main actors involved in the process of Local Agenda 21 implementation are confronted with in countries in transition as Romania. These are mainly the lack of financial resources, a weak connection of the academic world with the policy-making process, difficulties in adopting a "multistakeholders" strategy and sometimes a weak legal framework. However, specific problems characteristic for a country in transition and reminiscences of the communist regime imprint a special profile to the process of implementation of Local Agenda 21 in Romania. The solution to these problems may reside in the opening of the Romanian society to an external flux of funds and information, as well as in surpassing the weak communist thinking, which has unfortunately been maintained over years. To reach its purpose, the paper analyses the instrument for Local Agenda 21 implementation in a Romanian municipality, Ramnicu Valcea.
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Neagu, Mădălin-Ioan, and Mircea Constantin Teodoru. "Testing the Engel's law in the consumption pattern of Romanian population." Studia Universitatis „Vasile Goldis” Arad – Economics Series 27, no. 3 (September 1, 2017): 33–53. http://dx.doi.org/10.1515/sues-2017-0011.
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Abstract The aim of the paper is to test the valability of Engel's law in the Romanian consumption dynamics after 1990. We used NIS ad EUROSTAT data to interpret the dynamics of the households' income and consumption expenditures and its structure by destinations. We explored the relationship between consumption and income through the regression analysis and found that the Engel's law applies in the Romanian economy, since 1990 to 2016, with specific evolutions and influences.
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Blažo, Ondrej. "The challenges of regulating and enforcing competition law (Bucharest 14-15 November 2019)." Bratislava Law Review 3, no. 2 (December 31, 2019): 100–103. http://dx.doi.org/10.46282/blr.2019.3.2.146.
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On 14 – 15 November 2019, the Faculty of Law of the Bucharest University, particularly the Centre of Competition Law Studies, and the Competition Council of Romania co-organized the interna- tional scientific conference “The Challenges of Regulating and Enforcing Competition Law”. The conference’s scientific committee led by Adriana Almăşan put together senior scholars affiliated with universities of fourteen European countries (Belgium, Denmark, France, Germany, Greece, Hun- gary, Italy, the Netherlands, Portugal, Romania, Slovakia, Spain, Sweden and the United Kingdom), the judge of the General Court of the Court of Justice of the European Union and the president of the Competition Council of Romania (Romanian national competition authority) to discuss challenges and limits of substantive and procedural competition law. The conference was held in Aula Magna of the Bucharest University with more than 300 registered participants. The conference was split into the introductory panel, seven panels (not strictly focused only on one issue) and the conference was followed by the seminar for judges from the High Court of Cassation and Justice and the Courts of Appeal.
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Jîrlăianu, Silviu. "House Arrest as a Preventive Measure in Accordance with the New Criminal Procedure Code." International conference KNOWLEDGE-BASED ORGANIZATION 22, no. 2 (June 1, 2016): 344–48. http://dx.doi.org/10.1515/kbo-2016-0058.
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Abstract Romania's participation in European Community imposed realities of our country harmonization of national legislation in relation to Community law. Such national legislation, in terms of criminal procedure were introduced through preventive measures, house arrest, judicial and Judicial control on bail. In relation to the same European context, Romanian police set up surveillance units of judicial duties in order to enforce these measures.
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Codrea, Codrin. "A COMPARATIVE INQUIRY ON THE MATRIMONIAL DONATIONS IN THE FRENCH AND ROMANIAN LAW." Agora International Journal of Juridical Sciences 9, no. 1 (April 1, 2015): 17–22. http://dx.doi.org/10.15837/aijjs.v9i1.1864.
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This article analyses in a comparative manner the legal regime of the donations related to the marriage in the French and in the Romanian legal systems. In the French Civil Code there are detailed provisions of the donations made in relation to the marriage, which cover a broader area of donations than the provisions in the Romanian Civil Code which refer only to the donations between spouses.
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Zaharia, Felix. "The Law of Transboundary Aquifers in Practice ‐ the Mureş Alluvial Fan Aquifer System (Romania/Hungary)." International Community Law Review 13, no. 3 (2011): 291–304. http://dx.doi.org/10.1163/187197311x585347.
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AbstractAt the beginning of April 2011, local water companies from the counties of Arad in Romania and Békés in Hungary initiated the demarches for the first project of transboundary supply of groundwater from the Romanian part of the Mureş Alluvial Fan Aquifer System to consumers in Hungary. An idea which came about at the same time that the International Law Commission’s Draft Articles on the Law of Transboundary Aquifers were being adopted, will be probably put into practice shortly after the United Nations General Assembly would have analyzed whether to transform the Draft Articles into a multilateral treaty. Until then, many legal questions regarding this project must be answered, some of them national, others international. This article tries to answer some of these problems, with the help of the International Law Commission’s Draft Articles on the Law of Transboundary Aquifers and the bilateral agreements concluded between Romania and Hungary.
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Frunzaru, Valeriu. "Workplace health and safety committees in Romania. The gap between law and reality." Romanian Journal of Communication and Public Relations 15, no. 3 (May 19, 2016): 53. http://dx.doi.org/10.21018/rjcpr.2013.3.194.
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<p>In order to increase the workplace health and safety, the EU Directive 89/391/CEE and the Romanian law 319 of 2006 introduced the principle of the balanced participation of the employer and employees in health and safety committees. The findings of the in-depth interviews with members of two committees and employees from two Romanian companies show that the workplace health and safety committees with balanced participation of the employers and employees are organizations that do not respect the letter and the spirit of the EU and the Romanian laws. Moreover, workplace health and safety committees do not fit well with the employees and employers’ attitudes, values and knowledge. Thus, based on research findings, some recommendations can be developed so that these committees function according to regulations.</p>
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Boța Moisin, Monica Florina. "Protection of cultural identity designs – a universal necessityShould a cultural intellectual property right be constitutionally recognized?" Polish Law Review 2, no. 2 (December 31, 2016): 75–85. http://dx.doi.org/10.5604/24509841.1230277.
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Protection of cultural identity designs is a necessity in today’s society and should be the subject of a joint European cultural policy. Constantly present not only in the fashion industry but all creative industries, designs inspired by tradition are and cannot be regarded as “just a trend”. Creative design is fundamentally different than tradition inspired design, as the latter is strictly connected with the interpretation of the values, traditions and creative mantras of the generating communities.In view of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions autochthonous elements of identity design fall in the category of cultural goods. The discussion is placed in the field of public international law and calls for the development of cultural intellectual property, as an individual branch of law, within the national legal system. The main question of this paper is whether a cultural intellectual property right should be granted constitutional recognition. This paper further proposes the design and implementation of a protection system dedicated to safeguarding and promoting autochthonous elements of design through mechanisms that ensure authenticity, encourage creativity and innovation with respect of cultural identity, and positive exploitation of traditional knowledge. This core of this discussion stems from a project pilot initiated in Romania, supporting the development of a dedicated legal protection mechanism for IA – the Romanian Blouse, a Romanian element of ancestral fashion that has recurrently inspired fashion designers worldwide, and the cultural movement La Blouse Roumaine, that led to the recognition of a universal celebration of the Romanian Blouse on June 24th – The Universal Day of the Romanian Blouse.
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Bartis, Előd. "A megbízási szerződés szabályozásának történeti vázlata Romániában." Erdélyi Jogélet 3, no. 1 (October 27, 2020): 5–22. http://dx.doi.org/10.47745/erjog.2020.01.01.
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The study constitutes a brief historical overview of the development of the contract of mandate, as regulated in Romanian law. Firstly, the roots of this contract in antiquity and in Roman law are discussed, and the evolution of its major characteristics are revealed. Subsequently, the author presents the regulations applicable to the contract of mandate under the first modern codifications of Romanian civil law in the Calimach and Caragea codes, the Commercial Code of Wallachia of 1840, the Romanian Civil code of 1864, the Commercial Code of 1887, and the Civil Code of 2009, currently in force. The author presents the major historic evolutions of the Romanian regulation pertinent to the nature of the contract, the parties, their remuneration, the effects of the contract inter partes and towards third persons as well as the changes in regulatory logic from the differentiation of commercial and civil mandate to the unification of the two institutions in the Civil Code of 2009.
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Veress, Emőd. "Private Law in Transylvania after 1945 and to the Present Day." Acta Universitatis Sapientiae Legal Studies 9, no. 2 (January 15, 2021): 363–96. http://dx.doi.org/10.47745/ausleg.2020.9.2.08.
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Following the Second World War, a major transformation of Romanian private law occurred, whence also the private law applicable in the geographic region known as Transylvania was transformed under the Soviet-type dictatorial regime, which would rule the country between 1948 and 1989. Suppression – akin to abolition – of private property, wide-scale nationalization, and collectivization are presented in this study through the legal norms by which the socialist transfiguration of the national economy was meant to be achieved, along with that of personal rights and attitudes. Following the regime change of 1989, a reversion to historical patterns of regulation and then the gradual evolution of Romanian private law took place. We examine the legislative measures for the restoration of the rule of law and for achieving a transition to a market economy. We present in detail the private law implications of the (incomplete and imperfect) restitution of nationalized property and of privatization. We also show that the structure of Romanian private law was altered by the transition to the monist system of regulation, commercial law being apparently (but not in practice) merged into civil law.
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Homoki-Nagy, Mária. "Private Law in Transylvania as Part of the Kingdom of Hungary." Acta Universitatis Sapientiae Legal Studies 9, no. 2 (January 15, 2021): 225–54. http://dx.doi.org/10.47745/ausleg.2020.9.2.03.
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Transylvania was part of the mediaeval Kingdom of Hungary beginning from the founding of this kingdom and until the year 1540, when, due to historic circumstances, it became for a time a separate entity. The development of private law in this historical space was therefore in the beginning in large part convergent with that of Hungary. However, having a multi-ethnic population consisting of Hungarians, Szeklers, Saxons, and Romanians, with the first three nationalities benefitting from different, autonomous forms of administrative organization, a lot is to be said of specific Transylvanian private law. This study presents those elements and sources of private law which characterized legal relationships in Transylvania beginning with the founding of the Kingdom of Hungary and until the separation of this region from Hungary due to Ottoman conquest. We examine the major sources of law, consisting of customary law, statutory law, and acts of royal power. We then present in summarized form the main characteristics and provisions of the law applicable to persons, the family, immovable and movable property but also inheritance. Some specific private law regulations applicable to Szeklers and Saxons are also presented as well as the perspective of Romanian legal literature regarding the private law applicable to Romanians.
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Cercel, Sevastian. "Unificarea legislativă a Principatelor Române și consolidarea dreptului în primele decenii ale Regatului României." Studia Universitatis Babeş-Bolyai Iurisprudentia 65, no. 4 (March 16, 2021): 138–85. http://dx.doi.org/10.24193/subbiur.65(2020).4.3.
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In the period 1859-1918, Romania built and consolidated a modern law system subject to fundamental principles that were found throughout Europe, with functional mechanisms and institutions. The adoption of the major codes - the Civil Code, the Code of Civil Procedure, the Criminal Code and the Code of Criminal Procedure - during the reign of Alexandru Ioan Cuza had a cardinal importance for the national legal system. The exercise of modern legislation initiated at that time, in a rhythm which was sometimes criticized, continued through the adoption of the 1866 Constitution or through the measures of the integration of Dobrogea in the Romanian law system. On the path opened by the generation of the Union of the Principalities, Carol I strengthened the beneficial force of law, building a state in which “only the law debated and approved by the nation, decides and governs”. The science of law and legal culture had in Romania, almost six decades after the Union of the Principalities, gathered through tradition and reform, an important dowry, a true “fulfilled state of law”. In the Old Kingdom there was, at the beginning of the 20th century, a fully achieved legal system that rightly expected to be the foundation of the legal system of Greater Romania.
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Chirica, Simona. "Considerations on the void or voidable agreement under Romanian law." Proceedings of the International Conference on Business Excellence 14, no. 1 (July 1, 2020): 1196–205. http://dx.doi.org/10.2478/picbe-2020-0112.
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AbstractThe concept of nullity under New Civil Code enacted on 1st of October 2011 has been amended. Thus, the New Civil Code brings more clarity and amends partially some of the former concepts of nullity and its legal regime. In this respect, new legal provisions have been enacted for the purpose of clarifying the nature and the effects, respectively the option to confirm/remedy or, to restore the null and/or voidable legal acts. The notary public becomes a new competence through which the nullity can be confirmed upon parties’ request. Such new procedure saves a lot of resources for the parties with no/low appetite to initiate and to be part of the court action. This paper aims to critically to analyze the novelties and to identify the upsides and the downsides which may incur in practice when implementing such new concepts.