Perspectives of Law and Public Administration

5

Authors: Assistant professor Andreea STOICAN

Law 31/1990 on companies provides a series of cases that lead to the dissolution of a company either by the will of the associates, either by the decision of the court of law, either by law. As such, even though the cases in which the dissolution can operate by law - therefore imposed by the legal provisions - or through the decision of the court are clearly stated, not the same can be said for the dissolution of a company intervened by the decision of the partners. Due to a more general definition that the legislator gave to this legal means, it created, without anticipating at the moment of the drafting of the legal text, a method for the associates to breach certain legal provisions regarding the rights of their creditors. Therefore, the current study aims to draw the attention on a frequent practice operated by more and more merchants in their trade activity which leads to an impossibility for their creditors to have their debts recovered.

7

Authors: Lecturer Radu Ștefan PĂTRU

In the present study, the author, starting from the regulation of the disciplinary - administrative liability of civil servants in the Administrative Code2, analyzes the legal regime of the functioning of this fundamental legal institution, with real implications in the career of civil servants. The author analyzes the legal aspects regarding the disciplinary violations, about the legal regime and the functioning of the disciplinary commissions, the sanctions applicable to the civil servants, the cancellation of the sanctions applied to the civil servants and about the administrative record of the public servants in the field of the disciplinary - administrative liability. The analysis is also doubled by comparative references regarding the situation of employees as provided by the Labor Code. The conclusions of the study, which are based on the analysis of the relevant doctrine and legislation, will also lead to the formulation of de lege ferenda proposals in the field of labor legislation.

7

Authors: Associate professor Vasile NEMEȘ; Assistant professor Gabriela FIERBINȚEANU

By adopting Law no. 71/2019 regarding the mutual insurance companies and for the modification and completion of some normative acts, a new category of legal persons was regulated and, implicitly, as the title of the law suggests, a new category of insurers. Our legislative system thus aligns with the European systems that have long implemented this form of society, even in the organic regulations (France, in the Insurance Code, Italy, in the Civil Code and in the Insurance Code, etc.). As a structure, the mutual society is organized and operates in the legal form of joint stock companies, presenting certain features that configure its autonomy and substantiate its existence. Mutual insurance companies are designed as alternatives to traditional insurance companies whose main purpose is to facilitate access to insurance activities and the involvement of policyholders in the management process of the company. The members acquire a double quality, of associates of the mutual society and of insured persons, consumers of the insurance products that their own society practices. The contributions of the associates, as equivalent to the specific contributions of the companies, contribute to the formation of the mutual society's fund, but also have the legal nature of the insurance premiums, as a price of the insurance products they benefit from. From this perspective, the main advantage of the mutual insurance company is that prudent and fair management (in which the insured are involved, including the double insured), exempts the insured from subsequent contributions (premium payments), especially in those areas where the damage rate is low, such as professional insurance. The mutual insurance company thus presents itself as a true vehicle for capitalizing on the insurance portfolio and a real competitor of the profile companies, ensuring the transparency of insurance operations and the participation of policyholders in the efficient use of the company's resources.

9

Authors: Assistant professor Diana Geanina IONAȘ

The most important legal limitation of exercising the private property right in case of the neighborly relations is that of the right of passage. This right balances two contradictory interests: on one hand, there is the interest of the owner who has no access to the public pathway but must benefit from a normal exercise of his property right and, on the other hand, there is the interest of the neighboring owner who must not be prevented from exercising his property right. Although it is an old institution, with deep roots in Roman law, the right of passage is still actual by the simple existence of the neighboring relations. In order to understand how it works, the current paper aims to present theoretical and practical issues regarding the creation, extent and exercise of the property right within in national and international context, in relation to the closest institution, the conventional passing encumbrance.

10

Authors: Teaching assistant Luz BALAJ

This paper reviews the debate over the power of the constitutional amendment in Kosovo, by primarily dealing with two forms via which it is manifested:.namely, norms that explicitly define their unamendability and norms that the court of constitutional jurisdiction has identified as unamendable in their implicit nature. To reach that objective, the paper proceeds as following: it first reviews the jurisdiction of the Constitutional Court to review draft-constitutional amendments, and the criteria on which it may rule. Thereafter, the paper explains how certain amendments conform to the explicit prohibitions on amendability present in the constitution. The paper than continues further by deconstructing the constitutional court's contribution in identifying the unamendability of the constitutional norm with an implicit nature. This is primarily considered from the perspective of landmark judgments of the Constitutional Court, which, as will be seen, have contributed to the expansion of the Court’s review power as well as the material criteria governing the limitations on the power of constitutional amendment.

11

Authors: Lecturer Avni H. ALIDEMAJ

Public administration is the basic mechanism that ensures the good functioning of the state by providing services to citizens and exercising state power as well. Moreover, the administrative apparatus, according to the standards of the European Administrative Space, should be granted a certain level of independence from political institutions while conducting its administrative activity. For this reason, public administration reforms have always started with the professionalization of the civil service as the main pillar of the administrative apparatus. Initial measures to ensure the professionalism of the administration have been always undertaken in the field of meritocratic recruitment of civil servants as well as increase of their skills. States in transition and those emerging from the conflict continue to face the challenge of professionalizing the civil service as a consequence of the legacy of past systems. This paper explains the efforts undertaken in Kosovo for the professionalization of the civil service using: normative legal method, comparative and qualitative method, by focusing on the specific analysis of the legal framework for the recruitment of civil servants in Kosovo by comparing it with established practices which are often in conflict with the legal basis as a result of interference by political institutions.

13

Authors: Lecturer Andrada NOUR

The state or the institutions of the state operate with the participation of public servants, which entails to the latters of a conduct worthy of the position they hold and of the authority enjoyed. In this sense, the criminal law has, on the one hand, the role of ensuring the prestige of public servants, and, on the other hand, to hold criminally liable those who are guilty of acts unworthy related to their activity. In this paper, we intend to identify categories of persons who may be held liable as active subjects of corruption crimes, according to current legislation in force in our country, and certain controversial aspects related to the subjects of these crimes. To better define the notion of public official from criminal law point of view, we have considered including the international and community legal documents of reference.