Perspectives of Law and Public Administration

11-15

Authors: PhD. Cristina Elena POPA (TACHE)

The modern challenges of the banking and financial field have accentuated the rise of cross-border financial transactions. Specific developments in domestic financial markets, and in particular technological progress, have led to the need for international agreements on how international financial and banking activities should be conducted. For such agreements between states, however, there is a long way to go between accepting, initialing, acceding and ratifying the entry into force of a treaty. They range in scope from private cooperation agreements to international treaties signed by sovereign nations, which include clauses on dispute settlement mechanisms as well as conditions of execution. A modern category of such treaties includes clauses that regulate in a certain way certain aspects of the financial-banking field in close connection with international investments, such as the clause that includes the standards of the transfer of funds from the investment treaties. The research methods used for this study are comparative and quantitative, with specific advice to identify the most appropriate scientific solution, converging from the Kapstein approach (1994 - "international cooperation based on home country control") to modern approaches created by the emergence of new ones. financial-banking centers and from protection against economic crises.

30-38

Authors: PhD. student Denise Cătălina MARTALOG

This study aims to capture issues related to the surviving spouse's special right of inheritance over furniture and household items affected by the common use of the spouses. The origin of the subject is art. 974 Civil Code, which establishes, under certain conditions, a special right of inheritance in favor of the surviving spouse over furniture and household objects affected by the common use of the spouses. Although the existence of this right dates back more than six decades, the provisions of the Civil Code, as we will see in the analysis we have undertaken, are not able to provide a solution for all practical situations, which fall under its scope. In this regard, we sought to, by interpreting the relevant provisions, provide a coherent solution for the equitable distribution of goods belonging to the analyzed category. In the elaboration of the study, we will highlight the following: general aspects, granting conditions, legal nature, the way of dividing furniture and household items affected by the common use of spouses, conclusions.

50-55

Authors: Associate professor Ioana Nely MILITARU

The adoption of the budget of the European Union is carried out through a special legislative procedure. This is a version of the regular procedure, which is specially adapted to the particular characteristics of the budgetary process. The budgetary function in the European Union is exercised by the Council together with the European Parliament. The two institutions have equal powers in the budgetary procedure, following the Treaty of Lisbon (signed in 2007). Budgetary powers involve the determination of the total amount and distribution of the annual expenditure of the European Union as well as the revenue needed to cover it. The EU's long-term budget and NextGenerationEU (NGEU - the temporary instrument designed to stimulate recovery) will form the largest incentive package ever funded in Europe.

61-70

Authors: Assistant professor Diana Geanina IONAȘ

Liquidation is that certain legal operation which ends the community of goods that arises by marriage through the separation of the spouses’ goods. During this operation, the parties agree upon the mass of common goods, determine the common debt and establish each parties’ contribution to the purchase of common goods and contracting common debt. This operation is mandatory and can be achieved through the courts of law or by the public notary. The advantages of liquidation by mutual agreement are obvious and pertain to saving time, money and effort. This material represents an extensive study on the character, means of operation of liquidation, by discussing both theoretical aspects, as well as practical aspects which pertain to the act of liquidation.

79-87

Authors: Associate professor Andreea Elena MATIC Lecturer Ștefania Cristina MIRICĂ

The public manager is a civil servant with special status and attributions, whose specific duties imply carrying out the reforms in public administration, adapting the activity of Romanian institutions to the specific and standards of European Union institutions and ensuring the smooth running and the efficiency of public authorities and/or institutions. In the present paper we aim to analyze the institution of public manager mostly from the perspective of the applicable deontological rules. We will also refer to the particularities of the current period due to the COVID-19 pandemic and the measures that need to be taken in each institution, both to ensure the efficient carrying out of the specific activities and also to ensure the health protection for the civil servants and the beneficiaries of the public services. In order to achieve our purpose, we will analyze both the legal frame specific to public managers in several public institutions (such as hospitals, public libraries, universities) as well as the special legal norms established to prevent or restrict the spread of the pandemic, one of the most recent being the Decision no. 94 of 25th October 2021.

103-110

Authors: Professor Kola O. ODEKU

Climate change is ravaging the whole world, but the poor vulnerable developing countries are the hardest hit even though they are not primarily responsible for the massive greenhouse gases emissions causing global warming and climate change. This is tantamount to climate injustice as they are being impacted severely and have limited capacity to mitigate or adapt to the changing climate. Consequently, there is a need to share the burdens of climate change equally and equitably without discrimination. This paper submits that the developed industrialized rich countries are primarily responsible for climate change due to their massive emissions of greenhouse gases because of their industrial activities. Of note, most of the equipment and machineries used for production and other activities in these countries, utilized fossil fuel and emit greenhouse gases in the process. As such, justice demands that they have to be responsible for providing adaptation and mitigation measures to the developed countries through the mechanisms provided and set out in all international law instruments and agreements reached at the various Conferences of the Parties (COPs). A proportion of the monies and revenue received from the activities resulting in the emission of greenhouse gases are to be allocated to developing countries for adaptation and mitigation of climate change for them to be able to have clean environment, wellbeing, and sustainable livelihood. More importantly, it is imperative to transit to zero emissions globally this can be made possible using renewable energy as an alternative to fossil fuel. The international communities should therefore improve their strategies and effectiveness regarding the implementation of all the treaty agreements on zero-emission to attain climate justice for all.

125-133

Authors: Lecturer Raluca Antoanetta TOMESCU

In the current system of Romanian law, as in other European countries, the contravention was removed from the scope of criminal law, which is subject to an administrative regime, the option of the Romanian legislator being, obviously, to give it an independent character. Although it enjoys its own regulation, the contravention is still marked by the influences of the old regulations, in which it was assimilated to criminal matters, and the current normative framework is supplemented with the imperatives of the Civil Code, the Criminal Code, but also those of the Code of Civil Procedure. Thus, located at the border of several branches of law, a state of ambiguity was created, which was reflected in a nonunitary application of the law by the courts. In judicial practice, when the nullity of the record of finding and sanctioning the contravention was invoked, the solutions given were divergent, not only regarding the nature of the nullity that operates, but also regarding the imperative of showing an injury that can only be removed by annulment of the act. Consequently, the present study aims to analyze the conditions in which the record of finding the contravention is sanctioned with the nullity and influence of other branches of law on them, as well as the difference between the annulment of an administrative act that harms a right or a legitimate interest of the person and the nullity of the legal act concluded with the non-observance of the legal conditions provided for his validity.

142-156

Authors: PhD. student Gabriela TEODORU

Each nation has developed its own system of regulation on the ownership, use and movement of agricultural land to ensure the most beneficial use of land. However, Member States must ensure that national regulations do not conflict with European law. Restrictive measures for the acquisition of agricultural land were taken by some Member States at the end of the transitional period during which the Accession Treaties allowed EU investors to be restricted from buying agricultural land in these countries. It is mandatory to analyze to what extent some of these regulations violate fundamental EU principles, such as the free movement of capital and non-discrimination on grounds of nationality, in order not to distort the business environment and to ensure equal treatment before the law for all EU citizens. The assessment of the proportionality and non-discriminatory nature of these regulations requires a good knowledge of the practical effects that these normative acts will have. For this reason, it is appropriate that in the next period legal professionals notice all the difficulties that will appear in the process of applying these regulations as well as the practical manner in which their application is likely to lead to the achievement of the objectives assumed by the legislator. Certainly, sooner or later the CJEU will be called upon to rule on the compatibility of these regulations with Union law and the research undertaken during this period will be used for the correct assessment of the impact of these new laws.

165 - 168

Authors: PhD. student Anis BENABED

This paper presents & analyses the arguable situation & impact of globalization on international law. Globalization has become such a major phenomenon that changes so many rules & aspects from a short term to a long one. The fact that globalization challenges the natural aspects of legal order on the international level, makes competitiveness in advance due to so many major threats in the international society, international market, development & integration. Globalization in other words has such an impact on the market structure and revenues that’s why it adapts the international law in different terms. Globalization nowadays is countering the present & future law by putting in order & consideration new global institutions & norms for the corporation law. But it threatens as well so many socioeconomic challenges that map the future of international law. The game between globalization & international law is complex so it appeals always to new majors but for the future, it is completely better to rely on & look for creative solutions.

176-188

Authors: Professor Howard CHITIMIRA Post-doctoral researcher Friedrich HAMADZIRIP

Shareholder activism refers to any legal mechanisms that disgruntled shareholders invoke to change an investee company’s undesirable decisions, policies and practices. Shareholder activism entails, inter alia, measures, campaigns and/or proposals that are employed by one or more shareholders of a company to effect some reform in that company regarding its business, governance, management, strategy or in respect of a particular corporate action or fundamental transaction that is considered or undertaken by their company. Therefore, shareholder activism is one of the tools that could be employed by shareholders in Zimbabwe to voice their concerns and change certain poor corporate decisions and/or illicit conduct of company directors. As such, shareholders of companies in Zimbabwe have a plethora of mechanisms that could assist them to voice their concerns and promote good corporate governance practices. For example, in 2014, Zimbabwe introduced the National Code of Corporate Governance (Corporate Governance Code 2014) which consolidated corporate governance principles in a single policy instrument. The Corporate Governance Code 2014 empowers shareholder activist to promote good corporate governance practices by selling their shares, exercising their right to vote at annual general meetings and enforcing certain disclosure and transparency requirements in Zimbabwe. Zimbabwe has also recently enacted the Companies and Other Business Entities Act [Chapter 24:31] 4 of 2019 (COBE Act). The COBE Act provides shareholders with several avenues such as the derivative action, the oppression remedy and the appraisal remedy by which disgruntled shareholders could compel company directors to change their decisions and actions. However, despite these legislative and self-regulatory activism mechanisms that shareholders could employ to improve good corporate governance practices, corporate mismanagement remains a major problem in Zimbabwe. This article analyses shareholder activism under the current self-regulatory and statutory framework in Zimbabwe. It appears that the current statutory and self-regulatory framework for shareholder activism is flawed and inadequately enforced to combat shareholder passivity challenges in most companies in Zimbabwe. Accordingly, some recommendations that could be employed by policy makers and other relevant stakeholders to effectively promote shareholder activism in Zimbabwe are provided.

205-213

Authors: Student Shkodran REXHAJ Student Armend KRASNIQI

Succession is a theory and practice in international relations to regulate matters relating to the inheritance of states. This theory has its roots in nineteenth-century diplomacy and has attracted the attention of scholars especially after the dissolution of colonies and federations such as the Soviet Union, Czechoslovakia and the Socialist Federal Republic of Yugoslavia where many questions and problems arose that had to be resolved in terms of rights and obligations of the successor states to the predecessor state. The purpose of this paper was to analyse succession as a theory and practice and to review its application in the case of Kosovo. Several research methods have been used to achieve this goal. The analytical method is used to substantively analyse the key theoretical issues related to the succession process. The second method is the descriptive one, where different examples of succession conclusions are described. Through the qualitative method, the contents of the two Vienna Conventions, the 1978 Convention on the Succession of Treaties and the 1983 Convention on the Succession of States over Public Property, Archives and State Debts, have been studied in more depth. To study the succession in the case of Kosovo, two international agreements have been analysed: the 2001 agreement signed between the successor states of the SFRJ and the Comprehensive Agreement proposed by Ahtisaari in 2007 to resolve Kosovo's status. From this applied methodology, the knowledge of the object of study has been achieved. The main results of the paper are: the succession of the Kosovo case was not resolved through the 2001 Succession Agreement as Kosovo was not a republic and was signed by Serbia-Montenegro Union, Kosovo in the statement of the independence has stated that it will take over the obligations related to its name from the former SFRY together with the obligations from June 1999 to February 2008 when Kosovo was administered by UNMIK.