Perspectives of Law and Public Administration

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Authors: Ileana VOICA

This paper aims to offer a new approach in administrative science, capitalizing on the author's experience in the field of private law.The evolution of law and judicial practice, as well as the requirements of today's society (economic, technological and strategic and, last but not least socio-cultural) require a rethinking of common law and interference in public law - private law.

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Authors: Radu Ștefan PĂTRU

The legal regime regarding the career of civil servants is regulated by the Administrative Code. The termination of the employment relationship of civil servants follows, in principle, the same legal regime with the employment relationship of employees, with the specific features of the civil service. However, the termination of employment of civil servants contains certain provisions more favorable to civil servants, in particular as regards the termination of employment for the purpose of meeting the standard age and contribution conditions for retirement. In this study, we will present some considerations regarding the approach of the legislator in the matter of cessation de jure of the employment relationship of civil servants, taking into account the regulation of the Labor Code for employees.

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Authors: Denise MARTALOG

This study is dedicated to the analysis of the regulations regarding the will of the deceased in connection with the division of his succession patrimony, both in terms of his will manifested directly by the removal of legal heirs and indirectly by the establishment of legatees. In the elaboration of the study, we take into account the legal institution of disinheritance, the implications it has in the context of the return of the inheritance, as well as the possible situations that would not be covered by the current legal provisions. Thus, through art. 1.075 of the Civil Code, which highlights the effects of disinheritance, the legislator analyses the disinheritance of the surviving spouse, ordering that the part remaining after the allocation of the quota of the surviving spouse, be collected by the heirs from the class with which he comes in competition. We notice that the legislator discusses the “quota attributed to the surviving spouse” and does not take into account the hypothesis of allocating the succession reserve, for example in the situation of establishing a bequest smaller than the succession reserve. The disinheritance of the other heirs, other than the surviving spouse, is presented in the same way. In this situation it is necessary that we consider all possible hypotheses in case of disinheritance, so that the legal provisions to be adapted accordingly.

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Authors: Andreea TABACU

The recent Government Emergency Ordinance (GEO) no. 114/2020 was adopted in order to ensure a flexible system of the award of public supply and public works contracts, being necessary to avoid the risk of decreasing the use of European and local founds and also the delay of implementing important projects with a large social and economic impact at the national level. The litigations in the field of the award of public supply and public works contracts represent an important cause for the delay in implementing such projects. There for the legislator chose to enforce few changes in order to ensure the jurisdictional proceedings in the respect of the main principles of contradictory and right to defense but also to encourage the use of the modern technologies and the private communications between parties. For the proper application of the law is necessary to find out if such measures are able to achieve the above purpose, also taking into account which are the realities of the systems applying these proceedings

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Authors: Mihaela-Emilia MARICA

At European level, the legal contemporary framework regarding individual employment relations is generally characterized by the proliferation of non-standard forms of employment, which respond equally to both employer and employee’s need for flexibility. Today’s enterprises face more and more situations that require a non-standard approach, a broader look at the problems and fast, innovative solutions. In an unpredictable business environment, globalization has enabled the European labour market to introduce multiple new forms of employment, which are not yet acknowledged by Romanian legislation. However, Regulation (EU)2016/679 provides a derogation for employee sharing – a new work arrangement which in the juridical context of GDPR would also apply to internal (domestic) law. The general regulations on data protection stipulate that a Data Protection Officer may be shared by several enterprises, a hypothesis in line with the concept on which the employee sharing scheme is based.

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Authors: Nicolae MĂRGĂRIT

On-the-scene research is one of the activities that contributes substantially to the achievement of the purpose of the criminal trial. According to the criminal procedural law, the on-the-scene investigation is an evidentiary procedure that serves to administer or find out some means of evidence. From a forensic point of view, the on-scene investigation represents the procedural and forensic tactics activity whose object is the direct perception of the place where the crime was committed, its discovery, detection, fixation, lifting and examination, aiming to establish the nature and circumstances of the crime. the deed, as well as the data necessary to identify the perpetrator.

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Authors: Raluca Antoanetta TOMESCU

Morality is probably one of the oldest rules of conduct that have been imposed on members of a community, in order to establish and ensure a good coexistence. Prior to the emergence of the legal norm, it evolved with human society, being subject to continuous paradigm shifts, in a permanent attempt to reflect as accurately as possible the evolutionary trends of human communities. Although it does not yet benefit from a concrete definition or a precise limitation, morality is, first of all, the object of study of ethics, as a philosophical discipline, but when it interferes with the legal norm, inevitably a theorizing from its legal perspective becomes imminent. Plurivalent subject, but also constant of our social life, morality remains one of the most complex and controversial topics, not only in legal doctrine, but also in philosophy.

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Authors: Leoni VAN DER MERWE

Historically, in South Africa and the world over, disability has been viewed as a predicament of the individual. The discourse surrounding disabilities and suitable societal interventions are as nebulous as the differing needs of persons with disabilities within society. This article investigates the Government of South Africa’s response to the needs of persons with disabilities during the COVID-19 pandemic. The author utilizes South Africa’s existing disability framework as a mechanism to anchor the research conducted. This article specifically probes how South Africa has attempted to traverse various models of disability as well as how the said models have promoted or delayed the attainment of equality for persons with disabilities. The research conducted gives rise to various recommendations that may be adopted and refined to encourage consistency in the arduous journey towards equality of persons with disabilities.

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Authors: Cristina ONEŢ

This paper addresses the issue of the regulations contained in the Fiscal Procedure Code regarding the general principles that must govern the conduct of the parties throughout the fiscal procedure. The enunciation and regulation of these principles produce particularly important effects, and we have referred to some of them in the content of this paper. Therefore, the paper includes the presentation, critical analysis, observations and conclusions regarding the principle of legality of the fiscal procedure applied by the fiscal bodies of the state and of the administrative-territorial units, the unitary application of the fiscal legislation on the entire national territory, the exercise of the fiscal body's right of discretion in assessing and interpreting evidence and information that may be considered relevant for the correct determination of the taxpayer's fiscal situation, the active role recognized to the fiscal body by the legislator and under which it is entitled to examine the facts, obtain and use the information and the documents it deems useful for determining the taxpayer's fiscal situation, the official language in the fiscal administration and how documents and information presented in other languages can be used, the taxpayer's right to be heard in the fiscal administration procedure and its limits according to the practice of the fiscal bodies of the Romanian state, but also in the vision of the judges of the Court of Justice of the European Union called to censor these practices, the obligation of cooperation established by the legislator exclusively in the taxpayer's charge, the maintenance of fiscal secrecy as a general obligation of the fiscal body significantly diluted by numerous exceptions, and, last but not least, good faith in the relations between the taxpayer and the fiscal body for the correct application of the legal provisions.

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Authors: Mihaela SAVA

This research is structured in three subchapters, namely – the characterization of the civil and criminal legislative context that regulates the framing and sanctioning of crimes of domestic violence, identification of gaps or problematic aspects in legal or procedural matters and formulation of proposals to improve the sanctioning regime of crimes of domestic violence. The conclusions of the research are useful suggestions for the legislative and procedural unification of civil and criminal instruments to combat domestic violence.

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Authors: Marta-Claudia CLIZA, Laura-Cristiana SPĂTARU-NEGURĂ

This study started from the desire to present to the general public information on waste management, this representing a main goal in the European Union agenda, a series of legislative measures approaching waste in general and packaging waste in particular being adopted in recent years, as will be seen below. Further changes are expected in the management of plastic packaging waste, given that the European Union has agreed to introduce a new own resource based on non-recycled plastic waste amounting to EUR 0.80/kg as of January 1 st , 2021, followed by the adoption of the Regulation laying down the multiannual financial framework for the years 2021 to 20273 , as well as the Council decision on the system of own resources. We believe that the dissemination of the deposit guarantee system, an important tool for supporting circular economy, could boost domestic reforms in the field of environmental protection and would facilitate waste recycling, in order to improve living standards and to promote social welfare of the EU Member States.

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Authors: Lesotho SAFARA, Kola O. ODEKU

Undoubtedly, corruption is endemic in South Africa and it is ravaging all spheres of government, sectors of the economy, and the society at large. The news of corruption is aired frequently in the media showing suspects and trials of accused persons. Public officials, elected and unelected politicians and private sector managers and executives have been suspected, accused, or tried for corruption. Corruption is affecting both private and public sectors in South Africa. The core problem is that public officials saddled with providing and rendering quality basic services engage in endemic corruption and as such, good governance, accountability and transparency are held hostage by corruption. Corruption, which is promoted by maladministration cripples the rule of law in South Africa. While there have been many works on the implementation of domestic anti-corruption laws to root out corruption, there is a paucity of research work on how to invoke and use international anti-corruption laws and instruments that have been duly ratified by South Africa to root out corruption. Methodologically, this paper utilises a literature review approach of international and national sources to reveal various corrupt and maladministration activities, highlight and discuss pieces of transformative interventions that have been introduced by the government to root out and tackle corruption. It also showcases case laws that have been decided that punished corrupt officials. The paper found that there should be concerted and deliberate efforts by all role players and stakeholders in the government, private sector and the society at large to ensure that corruption legislation and in particular, international anti-corruption laws and instruments are effectively and efficiently implemented for purposes of tackling corruption.

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Authors: Hoolo ‘NYANE

The Constitution of South Africa establishes a cluster of institutions styled "state institutions supporting democracy", also called "Chapter 9 institutions", as they are created under Chapter 9 of the Constitution. These institutions exist alongside the traditional three branches of government – the executive, the legislature and the judiciary. They are independent, and they have powers over the traditional branches of government. There is tension between these "Chapter 9 institutions" and the traditional branches of government in recent times. At the centre of this tension lies a more substantial question about the place occupied by these institutions in the organisation of the state. Put differently, can it be said that South Africa has a constitutional scheme that includes a "fourth branch" of government? This paper sets out to investigate this question. Ultimately, the article contends that these oversight institutions have consolidated themselves into what may be styled the "fourth branch" of the state.

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Authors: Cătălin-Radu PAVEL

The present article aims to present selective aspects regarding the Constitutional Court of Romania and of the Republic of Moldova case law about the right of a person aggrieved by a public authority. The right of a person aggrieved by a public authority is constitutionally guaranteed in Romania and in the Republic of Moldova. The constitutional guarantee of the right of a person aggrieved by a public authority represents the constitutional legal basis of assuming the responsibility of the public authorities before the citizen, respectively before the injured person in a right or in a legitimate interest, having as consequence his legal protection, the latter, by cancelling the disposition and repairing the damages. The methods used in drawing up this study are: the comparative method, the historical method, the logical method, the sociological method and the quantitative method. The results of this research have highlighted selective aspects regarding the Constitutional Court of Romania and of the Republic of Moldova case law about the right of a person aggrieved by a public authority.