Juridical Tribune - Tribuna Juridica

8

Authors: Assistant Ph.D. Candidate Ştefania DUMITRACHE

Among the various forms of legal liability there are many points of contact reflected in their common goal - the encouragement of active members of society. Starting from the statement - the independent nature of the various forms of legal liability does not mean they are excluded - in what follows, given the legal autonomy of spheres of social relations protected by various laws, we will consider disciplinary overlapping with other forms of legal liability - criminal liability. Of course, this is possible only if the act committed by the employee is both disciplinary and criminal. This form of accumulation are possible without violating the principle of non bis in idem that since each of the envisaged legal rules protect different social relations. In addition of this applying the same principle prohibits two or more same kind sanctions for an unlawful action

10

Authors: Candidate Ph.D. Radu Ştefan PĂTRU

Law no. 40/2011 modifying and supplementing the Labour Code and the Law on Social Dialogue no. 62/2011 have significantly modified the legislative framework regulating the labour conditions. Starting from this year, the architecture of the labour law fundamental institutions has been subjected to changes that would materialize in new approach directions both for employers and employees as well as for the law courts that will have to interpret the new legal dispositions in an equitable manner. Among the essential amendments brought to the abovementioned law, we will focus on those related to the modifications and applicability of employees' disciplinary liability.

13

Authors: Lecturer Ph.D. Felicia MAXIM

The international responsibility of states has been a topic that has attracted the attention of numerous entities existing at international and regional level, but also of education institutions involved in codifying international law. When it came to the problem of codification at international or regional law, the responsibility of the states was especially considered a topic of great importance and introduced in the established working programs. Thus, it is has been started off from the international responsibility of the states for damage caused on their territory to foreign persons of their property, a problem subsequently abandoned, but somehow reconsidered as part of diplomatic protection and the study has come to the responsibility of the states for internationally wrongful acts, separating from it the responsibility of the states for prejudicial consequences resulted from activities that are not banned by international law. The experts involved in the preparation of the draft regarding "The Responsibility of the States for Internationally Wrongful Acts" have identified in the practice of the states and in international case law essential aspects that need to be considered in codifying the indicated field. Considering that satisfying the claims of a prejudiced state is covered, special heed has been paid to the forms of reparation of prejudice, namely: restitution in kind (restitutio in integrum), by equivalent (damages) and satisfaction.

24

Authors: Assistant Professor, PhD candidate Alexandru BULEARCĂ

From 1 November 2009 came into force Emergency Ordinance No. 113/2009, which introduced into Romanian legislation the Directive on Payment Services (PSD "Payment Services Directive") applicable in the European Union (EU) and European Economic Space (EES). These regulations are intended transparency of banking information for payment services to create a single legal framework at the European Union and European Economic Space in the field of payment services and the protection of consumers of these services. The regulations of the Directive on payment services are applied to all payment transactions in the currency of each Member State of the European Union and European Economic Space, provided that the two banks - the payer's bank and the beneficiary's bank – are located in a Member State. Payment services coming under the impact of new legislation are: payment by bill of exchange, electronic payments, payments by credit card, payments made by direct debit, cash transactions, provided the payment and transfer of funds (the giving of money) under conditions of transparency and information to users and to comply with a set of laws and obligations on the part of all those involved in this operation.