Perspectives of Law and Public Administration

5

Authors: Avdullah ROBAJ

The study is a result of the research-scientific work and observation of the modernization of public administration in the Republic of Kosovo, as a goal and purpose of the government in the function of public administration reforms to make it more efficient, more economical and more accountable according to EU standards. Public administration is one of the main segments through which relations among the state, civil society and the private sector are realized. In this regard, support for innovation in public administration enables the realization of development objectives, in particular in economic advantages, poverty reduction, institutional harmony and stability. Modernization of public administration in Kosovo can be defined as a challenge in making significant government changes, decentralization of public administration, simplification of procedures, informalization of services and e-government at all levels of administration and improvement in the field of human resource development. Through digitalisation and egovernment, Kosovo public administration becomes compatible with those of the EU states. The principles and standards of good administration derive from EU legislation and jurisprudence, as well as the good administrative practice of EU member states.

5

Authors: Teodor Narcis GODEANU

The study analyzes the general legal regime of pension rights, in the view of the Constitution and the current legislation, referring to the recent decision of the Constitutional Court no. 387/2018, which allowed an exception of unconstitutionality and it was found that the provisions of art. 53 par. (1) letter c) of the Labor Code are constitutional insofar as the phrase "standard age conditions" does not exclude the possibility for women to request the continuation of the individual labor contract under identical conditions with the man until the age of 65 years. Such a solution leads to the conclusion that the woman can, without being obliged to continue her activity until the age of 65, thus eliminating a rule which has long been in the legislation, considered by some specialists to be discriminatory, also embraced by the Constitutional Court by that decision.

6

Authors: Andrea KAJCSA

Public access and data protection are both fundamental rights provided for in a wide range of legislation at the national Romanian level and European level. Usually, there is no hierarchical order and no clashes between the two rights. Still, given that the purpose of the right to access to official public documents is to foster access to all documents, whereas the Data Protection Regulation must guarantee the protection of personal data, a tension can arise in some cases. We try in our paper to analyze how these two rights have intertwined before the GDPR and will continue to cross paths after this entered into force. The study uses the logical method, analyzes the legal provisions, as well as the solutions derived from the judicial practice. The conclusions aim at unrevealing some pointers for good practice in the public administration.

6

Authors: Roxana Maria ROBA

Regulated for the first time by the Civil Code from 2009, compensatory benefit seeks to compensate for a significant imbalance that the divorce produces it in terms of the innocent husband's living conditions. The present study aims to analyze the necessary conditions to obtain a compensatory benefit according to the current legislation, to make a comparison with other institutions but also with the regulation from other legislation. The study uses the logical and comparative method, analyzes the legal provisions currently in force, as well as the point of view of the doctrine and the solutions derived from the judicial practice. The conclusions are in the direction of expressing concrete proposals to amend the current regulations.

7

Authors: Elena Emilia ȘTEFAN

31st July, 2018, Law no. 190/2018 regarding the application measures of the EU Regulation 2016/679 of the European Parliament and Council from April 27th , 2016 regarding the private person’s protection concerning the private data and regarding the free circulation of this data and the 95/46/CE Directive abrogation (General Data Protection Regulation). In the European Union member States, the activity of checking the legislation regarding the personal data is done by the institutions or the authorities that are especially founded, to exert these competences. In Romania this public authority is called the “National Authority of Supervising the Personal Data Processing”. This study analyses the interference between the personal data protection and the contraventional law beginning with the entry into force of the general Regulation regarding the protection of the personal data and the impact of this European act on the Romanian society. Using scientific methods such as the comparative, deductive, informatic and also other methods, the study aims to highlight the interest of the public and private sector to abide to the rules established by the new general regulation regarding the data protection.

7

Authors: George MARA

Due to recent changes in the field of the judicial error regulations, that lead to a new definition of the concept and to the creation of a dual system of liability for the damage caused through a judicial error (on one hand, an objective liability of the State and, on the other hand, a personal liability of the magistrate), the paper aims to reflect the potential impact these new regulations can cause in the field of the judicial activity. The solutions for which the lawmaker opted will be analysed, by comparison with similar regulations that exist in various European law systems (which represents also a source of inspiration for the law making process) and proposal will be made, in order to ensure an effective and uniform law application. The research methods used in order to achieve this aim are the comparative method, the analytic and historical methods.

9

Authors: Laura RUDNYANSZKY

International commercial arbitration system is enshrined in both national legislation and international conventions. The power of the arbitrators to resolve the dispute is conferred by the parties, who agree that their litigation be brought to the attention of private individuals. To that end, the parties to the dispute designate the arbitrators and undertake to accept the decision they will make. Such a procedure has three distinctive characters: arbitrary, commercial and international2 . The importance and effectiveness of arbitration in international relations have been recognized by the Final Act of the Conference on Security and Cooperation in Europe of 1 August 1975. In order to contribute to the development and promotion of trade and cooperation, the participating States at the Helsinki Conference recommend to bodies, firms in their countries include, where appropriate, arbitration clauses in commercial contracts and industrial cooperation agreements or special convention. In the same spirit, the United Nations General Assembly recommends, in its preamble to Resolution no. 31/98 of 15 December 1976, which adopted the Arbitration Regulation drawn up by the United Nations Commission on International Trade Law, its dissemination and its widest possible application in the world, thus recognizing the usefulness of arbitration as a method of settling disputes arising from international trade relations. 3 In conclusion, in international trade relations, most of the litigation between participants is settled by arbitration as a form of private jurisdiction. Arbitration is an appropriate means to quickly and fairly regulate disputes that may result from commercial transactions in the field of goods and services exchanges.

9

Authors: Marioara ȚICHINDELEAN

Part-time working is a method of ensuring the reconciliation between professional life and family life, the possibility of undergoing education and training, of improving the qualification and of opening new professional opportunities to the mutual advantage of employers and employees in a manner that supports the development of enterprises. Employees’ rights based upon a part-time labour agreement can be grouped in rights given unconditionally or rights conditioned by the performance of a certain volume of work, the latter being a characteristic of this type of labour agreement, taken from the special regulation. In this survey we will refer to particular aspects of certain rights given to the employee who performs part-time working, namely: the right to a salary for the work carried out, to weekly rest, the right to annual rest leave, seniority, length of service in this field and retirement contribution.

10

Authors: Ioana RUSU

In this paper we have considered the offense of favoring the perpetrator in terms of constitutive content, the cause of non-punishment, some legislative precedents and the transitional situation in which we are with the entry into force of the Criminal Code. Also, on the occasion of the examination, we have formulated some critical comments, supplemented by appropriate de lege ferenda proposals regarding the legal content of the text of incrimination, namely the use of the terms of criminal prosecution, the prosecution and the execution of a custodial measure. The novelty of the paper consists in the analysis carried out, as well as in the critical opinions and the de lege ferenda proposals. The present work is part of the examinations carried out in order to promote a university course of criminal law. The work may be useful to students and master students of law faculties, as well as to practitioners in the field and to the legislator from the point of view of operating the mentioned modifications and additions.

12

Authors: Wioleta BARANOWSKA-ZAJĄC

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 the achievement of public law objectives and makes a guarantee of the protection of public interest. On the other hand, however, such legal framework creates a barrier to the development of cooperation between public sector and private sector. The Polish Act of 28 July 2005 and another Act of 19 December 2008 concerning public-private partnership, proved to be ineffective for real and efficient implementation of public tasks in the analyzed formula. The provisions of the latter Act do not, however, lead to significant increase in the number of agreements concerning public-private partnership. Through the amendment of 5 July 2018 there were made in the Act of 2008 some significant changes, starting from definition of public-private partnership, introducing the obligation for public entity to assess the effectiveness of the implementation of undertaking under public-private partnership as compared to effectiveness of its otherwise, criteria for the selection of a partner, the possibility of concluding public-private partnership agreement with a subsidiary of private partner, control of partnership, up to the partnership in the form of company and the task of public administration body established as competent in partnership matters. The purpose of the study is to analyze the amendments in the Act of 2008 concerning public-private partnership and attempt to assess the impact of these amendments on the efficiency, effectiveness and speed of public administration tasks, as well as to examine if these amendments are able to lead to significant increase in the number of agreements on public-private partnership concluded by central administrative bodies, as well as local selh-government units.