Juridical Tribune - Tribuna Juridica

9

Authors: Lecturer Ph.D. Ioana Nely MILITARU

Delimitation of competences in the EU is governed by the principle of conferral. Based on the content of these provisions work in the first three parts of it, defining and classifying skills appropriate attribution Treaties underlying the European Union (Treaty on European Union and the Treaty on the Functioning of the European Union) and the Court of Justice. The next three parts of the paper detailing each classification in hand, highlighting, clear delineation of the Union competences of the Member States carried out by the Lisbon Treaty and the amendments made by this treaty.

11

Authors: Lecturer PhD Ileana VOICA

This paper presents the legal system for the bills of exchange and promissory notes, and also the similarities and differences between the bills of exchange and promissory notes in the Romanian law and private international law. This article analyzed: procedures for issuing bills of exchange and promissory notes, the essential terms must include bills of exchange and promissory notes, rights and obligations arising from document exchange and the promissory notes, transmission of bills of exchange and promissory note, presentation of bills of exchange and promissory notes for payment in the original or truncation (in electronic format), the law applicable to bills of exchange and promissory notes in international trade law. This article investigates and rules in the new Romanian Civil Code of the aspects of private international law on bills of exchange and promissory notes. The conclusions of this article emphasizes the particular usefulness of these debt securities for the contemporary market economy. The institutionalization of this debt securities circulation represents one of the most important contributions of the commercial law to the progress of modern commercial activity.

19

Authors: Candidate Ph.D. Mihaela GIURANIUC (TUDORACHE)

The purpose of this paper is to analyze the legislation, doctrinal opinions and relevant case law regarding the liability of intermediary service providers in Romania and to contribute to the current stage of knowledge in this matter. The objectives pursued by the author are: identification of the peculiarities of the transposition of the E-Commerce Directive into Romanian legislation; identification of problems that could arise from law’s interpretation; issuing of the de lege ferenda proposals. According to Romanian Law, the rule is the liability of the intermediary service provider. The liability limitations apply to certain clearly delimited activities carried out by service providers, precisely defined by art. 12-15 from Law no. 362/2002, as: mere conduit, caching, hosting, search engines and hyperlinks. Romanian Law does not offer the possibility to impose on service provider an obligation to monitor the information they transmit or store or an obligation to actively seek out facts and circumstances, even if it could be only for specific, clearly defined individual case. The notice and take down procedures for illegal content is not a legal obligation according to Romanian Law. The Romanian Law is mandatory only for service providers established in Romania.

6

Authors: Lecturer Ph.D. Cătălin VASILE; Assistant Ana Maria MĂCĂRESCU

Our study aims to analyze the disciplinary procedure for contesting the application of disciplinary punishments for certain categories of staff, having as start point the general rules under which any disciplinary decision may be appealed to the courts regardless of the severity of the sanction imposed. Here we take into consideration the special rules applicable to teachers, policemen, civil servants, military and judiciary.

7

Authors: Candidate Ph.D. Olimpia-Monica MATIAŞ

Recently, with the amendments brought to the Labor Code by the Law no. 40/2011, the written form of the individual labor contract became a condition of validity (ad validitatem). The actual and imperative dispositions of art. 16 of the Labor Code establishes the written form of the individual labor contract as a condition of validity in the Romanian labor right. This form is imposed for any type of individual labor contract in as far as the text pointed does not operate any distinction. The non-observance of written form when concluding the individual labor contract is sanctioned with absolute invalidity of the convention, sanction that can be covered by the parties by the subsequent fulfillment of this condition. The parties have the possibility to determine the invalidity occurred, but to also establish its effect according to the law. In case the parties do not agree upon the invalidity of the contract, this invalidity can be determined by the decision of the competent court. The fact of determining, respectively the declaration of invalidity produces effect to the future only. Whereas the non-observance of written form affects the entire contract means a total invalidity, which determines the termination by law of the contract according to art. 56 paragraph 1 letter e of the Labor Code if not validated by the parties. Art. 57 paragraph 5 of the Labor Code does not regulate in detail the effects of invalidity, it points only that "the person who worked pursuant to an invalid individual labor contract has the right for remuneration according to the method of fulfilling the labor tasks", thus it does not operate retroactively. The regulation of the individual labor contract in this manner attenuates the impact of this imperative requirement.

8

Authors: Candidate Ph.D. Radu Ştefan PĂTRU

The new realities of the 21st century ask for a revitalization of the economic and legal systems so as to overcome the effects of the economic crisis. The current economic crisis is at the same time a challenge for the scientific milieu which is called to find the best solutions for the reversal and adaptation of the main scientific institutions. For the legal system, the contract represents an essential factor both theoretically and practically so that the new legislative decisions appear to be as highly important. As a particular case study, we intend to analyse the theory of imprevision both from the theoretical viewpoint and the one of practical consequences that the regulation of this institution might generate in the domestic legislative environment through the provisions of the New Civil Code. Far from our affiliation to the opinions that vividly sustain or reject the regulation of this theory, this article intends to be an objective analysis of the theory of imprevision representing one of the greatest challenges for the New Civil Code.

10

Authors: Assistant Ph.D. Cătălin-Silviu SĂRARU

This study aims to achieve a short analysis of cross-border cooperation agreements between territorial-administrative units in the border areas of Romania and similar structures in neighboring states. The article investigates the form they takes these agreements – contract or treaty –, the role of multinational enterprises and the law applicable to transnational contracts, the cross-border cooperation agreement governed by Law no. 215/2001 on local public administration and its legal nature. The end of the article is discussed cross-border cooperation in international documents signed by Romania with its neighbors.

12

Authors: Lecturer Ph.D. Ioana Nely MILITARU

The paper is structured in two parts. The first part covers history, "Union citizenship, according to previous Treaties Lisbon Treaty, and the second refers to the privileges which they have as citizens of the Union Treaty as a result of reforming the European Union, referring to documents on which this Treaty adhere it recognizes as having the same legal force, treaties, (Treaty on European Union and the Treaty on the Functioning of the European Union).