Juridical Tribune - Tribuna Juridica

6 - 17

Authors: Assistant professor Bárbara Magalhães BRAVO; Assistant professor Fátima Castro MOREIRA

The material scope of arbitration in administrative matters has recently been considerably enlarged, especially in regards to the administrative act. It was recognized that the Arbitral Tribunal has the power to appreciate the legality of an administrative act. Traditionally, the legality of administrative acts was reserved for state courts. However, the legal incongruity was notorious. Article 180 (1) (c) of the Code of Procedure of the Administrative Courts (CPTA), 2002, provided that arbitral tribunals could enounce "matters relating to administrative acts that could be revoked without grounds for invalidity". We could diagnose two types of legal failures. First, within Administrative Law, it was incomprehensibly admissible to arbitrate the legality of administrative acts pertaining to the contractual sphere and exclude all others from the control of arbitration law. The other flaw suffered by the regime of arbitrability of administrative acts related to the possibility of arbitrability of tax acts3 and the imposition of strong limitations on the control of the legality of administrative acts in Administrative Law. The revision of the CPTA in 2015 implied a change in the legislative paradigm in the matter of administrative arbitration, providing for the possibility by the arbitral tribunals of assessing the legality of the administrative act, thus putting an end to a doctrinal dispute about the admissibility of the same. However, a literal interpretation of the precept would lead us to subsume within the jurisdiction of the arbitral tribunals the assessment of the legality of any administrative act. Considering the legislative scope of the legal prediction enunciated, the present work will have as its objective to answer three key questions. The first is to assess to what extent the arbitral tribunals may rule on the merit and legality of the administrative act. The second is to determine whether all administrative acts are arbitrable. The third concerns the search for a criterion of arbitrability of the administrative act, especially in matters related to legality.

33 - 43

Authors: Assistant professor Bogdan BÎRZU

Within this study, we have examined the way in which the Europol national units were regulated in the European normative act and the regulation of the two forms of judicial assistance in criminal matters, namely joint investigation teams and liaison officers. The research also included the way in which the Romanian legislator transposed into its internal law the provisions of the European legislative act. Another subject of the research was the formulation of critical views and de lege ferenda proposals, both for the European and for the Romanian law. The novelty elements that are promoted through this study aim both at examining the European legal instrument, the way it is transposed into the Romanian law, as well as the critical opinions and de lege ferenda proposals, proposing to contribute to the improvement of the European and Romanian normative system in this domain. The present study should be viewed as a follow-up to the one previously published, completing the examination of this European institution with a key role in preventing and combating transnational crime at European level. The work may be useful for students and master students of law faculties, practitioners in the field, as well as the European and Romanian legislators in terms of amending and completing the current legislative system.

60 - 69

Authors: Lecturer Artan SPAHIU

An international arbitral award must be final, so that it may be subject of a request for a judicial recognition and enforcement in a particular state. The New York Convention instruments apply only to the final arbitral award, regardless of the different way it reflects the dispute in question. A final award is also considered to be one which does not directly resolve the dispute, but suffices to declare that the dispute would be settled by the parties themselves through a negotiating agreement. An arbitral award called a "partial award", which deals an interim measure, generally is not considered to be an arbitral award enforceable forcefully through the Convention's framework. However, in some jurisdictions, a partial award can be enforced in accordance with the local arbitration law, if the award disposes ultimately on a particular and independent issue. Parties in an arbitral process can reach a settlement agreement before the arbitrators make an award. This arbitral award may incorporate the agreement reached by the parties, accordingly being considered as a "settlement award" or it can only declare that the parties have a settlement agreement which have legal effects on them. In the case when the settlement agreement is converted into an arbitral award, the execution of the rights and obligations agreed by the parties materialized in the disposition of an arbitral award will be more effective through the New York Convention mechanism. This article, through literature review, regulatory frameworks interpretation, as well as the analysis of case studies, aims at identifying aspects related to the decision-making process of arbitrators. The manner in which the arbitral Tribunal disposes of important moments of arbitral procedure and for the final settlement of the dispute constitute very important procedural aspects of the international arbitral procedure.

79 - 90

Authors: Lecturer Ana-Maria LUPULESCU

The company by shares is the prototype of company of capitals, since this legal form of company is set up and functions only based on the contributions made by the associates, who are liable for the social obligations within the limits of these contributions, so that the person of the associates or the trust between them is irrelevant. In exchange for the contributions they make within the company, the shareholders receive negotiable instruments, which can be transmitted freely. From this perspective, the company by shares was conceived as a form of organizing large-scale activities that require and concentrate important funds, made available to the company by a large number of shareholders. These significant aspects, which have influenced the legal regulation applicable to it, characterized by excessive formalism, complicated and strict rules, with countless conditions imposed by the law in order to protect both third parties and minority shareholders, lead to the conclusion that this legal form of company is not appropriate for small activities with a reduced number of associates, because the advantages of choosing this form of company are not justified, as compared to the disadvantages it implies. Within this context, we consider that an analysis of this form of company, even though is not intended as exhaustive, but highlights particular significant aspects that underline its juridical specificity, may appear important and particularly useful, both for analysts in law and practitioners.

113 - 125

Authors: Lecturer Marius Cristian MILOŞ; Lecturer Laura Raisa MILOŞ

A fundamental objective of stock market regulation is investor protection, which influences the stability and the degree of development of capital markets. We use eleven years (2006-2016) of panel data from the World Bank, on the evolution of minority shareholders' protection. This paper aims at understanding the connection between regulation and the development of capital markets, both for developed and emerging European Union countries. The results are consistent with some of the results from empirical research in law, demonstrating a positive link between investor protection and stock market development during the analyzed period, after controlling for other drivers of stock market development, such as GDP growth and level of taxation. The results outline the importance of stock market regulation, making clear that minority shareholder regulation and its enforcement should be further improved in the European Union member states.

137 - 146

Authors: PhD. student Georgiana ANGHEL-TUDOR

This article aims to analyze the evolution of the EU Member States' obligation to criminalize fraud affecting the European Union's financial interests by diminution of VAT resources as a result of the competence recognized for the European Union in criminal matters, as well as to determine the extent to which the Romanian criminal law in the field corresponds to the provisions of the 1995 Convention on the protection of the European Communities' financial interests (“PFI Convention”) and those of the 2017 Directive on the fight against fraud to the Union's financial interests by means of criminal law (“PFI Directive”). For this purpose, the author searched the relevant national and ECJ jurisprudence and presented and compared the relevant legal provisions, which were commented and interpreted according to the rules of law (grammatical, historical, logical systematic, teleological), taking into account the economic and political context in which they were adopted. The study establishes an obligation to criminalize VAT fraud for EU Member States under the Convention and the Directive, as well as the conformity of the Romanian legislation with the European one in the field, with the consequence that the Romanian legislator should not modify the current regulation in transposing the Directive.

157 - 162

Authors: Lecturer Radu Ștefan PĂTRU

Posting of workers in the framework of the provision of services within the European Union is governed by Directive 96/71/EC. Recently, this Directive has been amended by Directive (EU) 2018/957 which has improved the legal framework in the field of the rights of posted workers in the provision of services. This study includes an analysis of the main changes made by the amending directive, which will need to be incorporated into national law by 30 July 2020.

178 - 190

Authors: PhD. student Günay DUAGI

The similarity of fiducia with other law institutions of the Civil Code2 can be made to a certain extent. However, fiducia remains a profoundly different contract than other contracts such as the administration of the assets of others, the mandate or the mortgage and a thorough comparative analysis is necessary. Thus, the use of fiducia for certain operations and under certain conditions is perfectly justified. The comparison between fiducia and mandate bears many similarities, however a great difference is that in the case of the mandate there is no transfer of ownership. Also, fiducia can be confused with the administration of the assets of others, from which it also borrows some attributes in the matter of the fiduciary's remuneration. However, in this case, the differences are of substance. There are also many similarities to guarantee agreements as both types of contracts are accessories to a main contract that they guarantee. It is also worth mentioning that the introduction of fiduciary operations into the Civil Code is not only a complement to the already existing contract framework with another similar contract, but a real evolution towards the opening of Romanian civil law to a completely different category of advanced contracts that allow sophisticated business operations.

196 - 205

Authors: Associate professor Maria João MIMOSO; Assistant professor Maria do Rosário ANJOS

The use of voluntary arbitration to resolve disputes emerging from public procurement is a long-standing reality in Portugal. The Portuguese law allows this way of settling disputes, with limitations, which have been overcome. Traditionally the resolution of this type of litigation resorted to ad hoc arbitration, in accordance with the rules of the Voluntary Arbitration Act, characterized by the free choice of arbitrators, by the lack of publicity and transparency of their decisions. Since 2009, in Portugal, institutionalized administrative arbitration has been increased, creating for the purpose arbitration centers with rules of greater transparency and publicity of its decisions. The recent revision of the legal regime for public procurement in Portugal, for transposition of European Directives N º s 2014/23/EU, 2014/24/EU, 2014/25/EU and 2014/55/EU, introduced, in article 476 (2), a rather innovative regime in this area. This article aims to reflect on the solution now introduced in the public procurement, its sense, scope and repercussion in the future evolution of this dispute settlement in conflict with the principles of judicial organization enshrined in Constitution of the Portuguese Republic.

213 - 219

Authors: Professor Silvia Lucia CRISTEA

This paper aims to demonstrate why the solution voted by the Romanian Senate regarding the limitation of the users responsibility in the leasing contract, by modifying the Government Ordinance no. 51/1997 concerning the leasing operations and the leasing societies, in March 2018, is not grounded enough legally, and why we do not recommended to be adopted, even if, de plano, we agree with the increased protection of the user. In this argumentation we use comparative law.

232 - 245

Authors: Professor Veronica STOICA; Lecturer Laurențiu DRAGU

In our study, we will analyze a special issue of Civil Law, a problem of whom application may generate controversies as a result of how it is solved by current legal provisions. This is the special free estate of the living spouse, established by the art. 1090 Civil Code. Thus, the legislator forbids the donations whereby the forced estate of the forced heirs (Article 1086-1088 of the Civil Code) is breached, and limits the right of disposal of the patrimony holder, as a rule, to the ordinary free estate. Instead, when the living spouse is gratified at the expense of the deceased's descendants who are "not common", that is, they are not the survivors of the deceased and of the living spouse, the legislator sets a special limit of the right to dispose, established by the art. 1090 Civil Code. In the elaboration of the study we will interpret logically and systematically the provisions of the Civil Code that have an impact on the subject to analysis, trying to provide solutions to different factual situations that would be subject to the provisions in question.

261 - 270

Authors: Assistant professor Tomáš MALATINEC; Student Ján KYJOVSKÝ

European Grouping of Territorial Cooperation (EGTC) is European legal form that can be established under the Regulation (EC) No. 1082/2006 on a European Grouping of Territorial Cooperation. This measure is a part of the European Union’s Cohesion Policy, which aims to gradually reduce regional disparities and promote economic, social and territorial cohesion. EGTC supports and facilitates the formalized cross-border cooperation between Member States of the European Union, as well as their regional and local public authorities. Cross-border cooperation, which is a part of the Cohesion Policy, focuses mainly on border regions, whose weakness is their periphery location. In connection with the creation of the EGTCs, Member States may adopt measures to support this legal form by their national legislation and practice. The aim of the article is to present EGTC in terms of the European material and formal sources of law that have prompted the emergence of this legal form and govern the conditions for its establishment. EGTCs have the predisposition to carry out various activities related to cross-border cooperation. The European legal framework allows the use of EGTCs as entities for implementation of cross-border public procurement.

5

Authors: Assistant professor Radu Ştefan PĂTRU

In this study, the procedural aspects regarding the way of applying the patrimonial liability to labour law will be analysed. The non-regulation of a procedure in this matter by the legislator represents a legislative lacuna that can be corrected either by de lege ferenda by amending the Labour Code, or by the social partners according to the legal provisions in the matter. In this study, solutions in this regard will be presented.

8

Authors: Assistant professor Bashkim RRAHMANI

The development of administration went through various phases after the war in Kosovo (1999). Right after the war we cannot talk about the clear administration with the local sense, since Kosovo based on the UN Security Council Resolution 1244 was put under the international civil administration. Ten years later Kosovo Parliament approved the Declaration of Independence after which the Kosovo Constitution was adopted, whose main attribute was to create the state of Kosovo. Thus, based on this, the administration in Kosovo was developed firstly as the internationally organized one; then it was locally organized supervised by the international power and finally it is being developed based on Kosovo Constitution and Kosovo Laws. With this paper author by explaining the process of administration development, using: method of historical analysis, method of comparison analysis, method of systemic analysis, etc., with the specific analysis of the judicial control of Kosovo administration during these phases, as the basic form of the administration control which is exercised by courts in Kosovo. Conclusions and recommendations of the paper are expected to be used not only for academic debates.

10

Authors: Professor Ramona LILE; Lecturer Claudia BOGHICEVICI; Lawyer Camelia Daciana STOIAN

It is already known and accepted in Romania the reality of the consequences produced by the social or other reforms, the transformations that reach precisely the category of the citizens from the rural area, with socio-economic problems. In 2017, the awareness of the fact that the population in the rural area, mainly consisting of socially, economically or medically vulnerable groups, need this type of services, trying to compensate for the reality of the dismantling of several sanitary units, O.U.G no.18 attempts an approach through the corroboration of this state of affairs with the objectives of developing community services. Our conclusions set out in this article are paving the way for de lege ferenda proposal to ensure proper regulations from the perspective of providing training for the social professions to be involved in the functioning of integrated centers at the level of rural communities.

11

Authors: Professor Oleksandr KARPENKO; PhD. Kateryna GLUBOCHENKO

Considering concept formation of service-oriented public policy, the main stages of its development are discussed and some of the modern trends of service-oriented policymaking in Ukrainian legislation are analyzed. Some features and tendencies are identified in order to improve the quality of interaction between citizens and public administration system in Ukraine. This paper aims to analyze the concept formation of service-oriented public policymaking in Ukrainian legislation and the implementation process of e-services delivery in Ukraine. In spite of significant studies of “service state”, “welfare state”, “service-oriented public policy” and other concepts, current unique political and legislative factors of Ukrainian development determine the relevance of this paper. The primary focus of the paper is efficiency analysis of legislative ensuring of administration services in the Ukrainian context in comparison with the experience of other countries. That was implemented via such methods as comparative analysis, interpretation of statistical indexes of e-services delivery and documentary research method. The paper has been organized as follows. The next section provides a literature review on the concepts of public-state interaction. Then word experience and peculiarities of Ukrainian background of e-services delivery efficiency are considered.

12

Authors: Dr. iur. Magdalena MICHALAK; Dr. iur. Przemysław KLEDZIK

In 2017 the Polish Code of Administrative Procedure was amended. As a result of the introduced changes, regulations regarding public participation in dealing with individual cases subject to settlement by way of decision were significantly extended. As a general rule, the authorities have been obliged to strive for amicable settlement of disputes whose nature allows it. In order to implement the above principle, apart from the institution of amicable agreement already applicable in Polish system, the possibility of conducting mediation between the parties to the proceedings, as well as between the party and the authority was introduced. Such solution is already applied in some legal orders and is gaining more and more importance in the countries of the EU. The objective of these regulations was to extend public participation in the administrative governance. The article presents an analysis and evaluation of solutions adopted in Polish law in the context of general and universal problems of purposefulness, scope and forms of public participation in authoritative resolution of disputes, which as a rule is the domain of the state.

12

Authors: Professor Armand KRASNIQI

Customer protection is a worldwide known and respected phenomenon, whereas in Kosovo its regulation is in early beginnings. Historically, the origin of Kosovo customer law is from 2004 when it was first regulated by the Law. Despite all the amendments and additions made to this act in 2009, there are still no signs of positive results on this respect. The purpose of this paper is to highlight the importance of customer protection and to emphasize that customer protection legislation is not sufficiently harmonized with the Law on Obligation Relationships reflecting certain legislative divergences. These divergences result in no unique legal terminology, and also in various interpretations due to the underlying weaknesses. For the purpose of legislative security for customer protection, it is necessary to harmonize the terminology referring to the customer as a buyer, etc..

13

Authors: Professor Mihai BĂDESCU

The study analyzes one of the major causes of the malfunctions currently in public administration: legislative inflation. Legislative inflation (or normative excess) should be seen as an unnatural multiplication of the norms of law, with negative consequences both for the elaboration of the normative legal act, the diminution – significant in some cases – of its quality, but also with regard to the realization of the law, especially in the enforcement of the rules of law by the competent public administration entities. The study proposes solutions to overcome these legislative dysfunctions, the most important of which refer to the rethinking of the current regulatory framework, the legislative simplification, the improvement of the quality of the law-making process, especially by complying with the legislative requirements (principles), increasing the role of the Legislative Council. The methods of scientific research used are adapted to the objectives of the study: the logical method - consisting of specific procedures and methodological and gnoseological operations, to identify the structure and dynamics of the legal system of contemporary society; the comparative method – which allows comparisons of the various legal systems presented in this study; the sociological method – which offers a new perspective on the study of the legal reality that influences society in the same way as it calls for the emergence of new legal norms; the statistical method – which allows statistical presentation of the most relevant data that configures the analyzed phenomenon. The study aims to raise awareness of the negative effects of regulatory excess. This, along with the legislative instability, as present in the current legislative landscape, not only generates a diminution in the quality of the law, but also builds the trust in its power to ensure justice, promote and protect the rights of the individual. Overproduction of laws gives rise to serious distortions in the application of the law, sometimes even to the impossibility of applying it, thus annihilating the balance that should exist between norms and their application.

13

Authors: Lecturer Anamaria GROZA

The Romanian society has, as a national objective, a public administration outside the political influence and the recruitment of competent and performant public servants. One of the instruments to realize this objective is, no doubt, the legal status of the public servants. This study is aimed to identify and analyse the elements of vulnerability witch the Law 188/1999 concerning the public servants and the project of the Administrative Code contain, from the perspective of the political influences. The main issue of the study is to be aware of the institutions, procedures and factors witch make fragile the legal status of the public servants, allowing, by example, the political parties membership of the public servants or their recruitment in absence of a national competition, organised by an entity specialised in the development of the public function in Romania. The project of the Administrative Code brings remedies only in part for the existing problems, while amplifies others. O very difficult, actual and vulnerable matter is the policy of salaries of public servants, in the context of the Decision n. 794/2016 of the Constitutional Court. The research has an explicative, but also a critic character. Also, solutions are offered in order to increase the degree of accomplishment of a competent, transparent and political neutral administration.

16

Authors: Lecturer Oana ȘARAMET

Separation and balance of powers is one of the fundamental principles which is a fundamental element of the rule of law in any contemporary. The recognition of this principle does not imply that even public administration authorities must have a rigid behaviour, and that they are not allowed to have and exercise a discretionary power, a right of appreciation. However, the exercise of such power or right must be within the limits of that principle and, implicitly, of the principle of legality. Nowdays, we can observe that any public authority, as well as those in the sphere of public administration, tries to force the limits of its discretionary power, or such a behaviour could affect the correct and constitutional functioning of the rule of law. This article is intended to be only an initial approach to identifying the constitutional aspects relevant to the proposed theme by using methods such as comparative or systemic method. Thus, we want to identify those constitutional mechanisms that constitutional legislators have established to prevent overcoming the limits of this discretionary power. Later, through other articles, we will have the opportunity to identify the risk factors that arise in such situations, as well as possible solutions to reduce or even eliminate these factors.

21

Authors: Professor M. Elvira MENDEZ-PINEDO

The Directive 2014/17/EU on mortgage credit agreements for real estate properties (Mortgage Credit Directive or MCD) reflects the classic tension in the European Union (EU) between the goal of attaining a European single mortgage credit market and the obligation to provide a high level of consumer protection. The classic approach of EU law to solve the tension is to find a balance between those aims through the interaction of public/private law. The article starts with a summary of the most important choices done by the legislator (exante information duties and responsible credit) and essential consumer right. It follows with a critical assessment of the MCD. The methodology of this study is both descriptive and analytical, law is considered not only a normative system but also a set of policy instruments influenced by other disciplines (ie. economics). The findings lead both to optimism and to criticism. Although the European harmonization represents a further step ahead in the area of financial services and consumer protection, some critical questions are still forgotten or left aside. The most important question remains unanswered, whether the MCD will protect consumers when the next economic/financial crisis inevitably arrives. The implications are clear: more research and better policy are needed.

33

Authors: Professor Rafał SZCZEPANIAK

As you know, the language level is one of the main research areas of jurisprudence. The author puts forward the thesis that the adopted language apparatus has a significant influence on the research results in legal sciences. This is particularly evident in the analysis of the application of private law to the public sector. The article indicates the semantic problems faced by the author analyzing the application of private law in the public sector. The source of these problems is the adjective "public" that appears in many terms. In addition, there are problems of comparative nature. There is a phenomenon of non-translation of terms from individual languages. Other problems consist in the fact that the use of certain concepts is associated with the adoption of certain initial assumptions. Not always, the authors who write about the application of private law in the public sector are aware of this. An example of such a situation is the concept of "Fiskus".

6

Authors: Associate professsor Cătălin-Silviu SĂRARU

This study investigates the emergence of the science of administrative law in Romania and analyzes some introductory notions in Romanian administrative law: definition of administrative law; the object of regulation of the Romanian administrative law; and the features of administrative law. Administrative law is the branch of law that encompasses the legal norms governing social relations regarding the organization, activity, control and liability of the public administration, based on and in the enforcement of the law. Administrative law implies an administrative legal regime for regulated social relations justified by the specific nature of the realization of the public interest, the administration of the assets subject to the public property and the provision under the continuity and permanence of public services.

8

Authors: Teaching assistant Ramona Mihaela COMAN

Although it is one of the fundamental principles of the criminal process, whose observance is required at all stages of the trial, a nd therefore in the criminal prosecution stage as well, the principle of the presumption of innocence is often "forgotten" or transformed into the "presumption of guilt" when a tax evasion crime is under investigation . The major interest in investigating t hese offenses is the recovery of the damage, which is why there is a need to find solvable persons who are involved in these activities. Due to the fact that most of the times it is difficult to prove their involvement, in practice one can notice a tendenc y to prosecute such persons for the simple fact of having purchased products or services from dummy companies . The article presents examples of judicial practice and seeks to argue the mistaken view of criminal investigation bodies in the light of European directives as well as ECJ jurisprudence

8

Authors: Assistant professor Raluca TOMESCU

The present study aims to discover in the doctrine the reason that has generated the basis for which the legislator not only recognized the institution of possession alongside the sacred and complete right of property but also confers defence to a state of affairs through a real action specific to the defence of a states of law. The possessive action is recognized as a real action, which in principle requires an action aimed at capitalizing on a real immovable right, but in this hypothesis the possessive action protects only the state of fact called possession, without questioning the state of law. If property is right, possession is nothing but the fact, but possession has, over time, been imposed as a fundamental institution of civil law. The major importance that the possession has developed in the context of the civil circuit of values has ensured it a constant legislative consecration throughout history. The unanimously recognized possession as state of fact is gaining value through its legal effects, occupying both the theoretical and the practical concerns of the jurists, both from a theoretical and from a practical perspective, joining the full right of property. Without limiting the importance of possession to its main effect - acquiring the right to property by means of an acquisitive prescription, apodictically possession corresponds to the property right itself, being an attribute of it. Under these circumstances, the defence of possession through a real action is merely a situation of normality..

8

Authors: Student Ana-Maria Iulia ŞANTA

Cartels are nowadays a global issue, affecting consumers from all over the world. As the consequences of anticompetitive agreements have an impact at extraterritorial level, with implications beyond the market where the cartel operates, cartel investigations have a global dimension. Cartel members, which are global players, should be aware of this aspect, as in some jurisdictions, for example in the United States of America, cartel agreements are a criminal offence, as they harm the consumer. The present paper will analyze the approach to cartels in the United States of America and in the European Union, it will deal with the research question if cartels are seen as criminal in several jurisdictions and it will point out aspects of international cooperation in fighting against cartels, in order to ensure consumer protection. The research questions will be illustrated by case-law and case-studies that will serve as examples. The present paper will use an interdisciplinary comparative research approach, with focus on an international perspective related to cartel enforcement at a global level.

9

Authors: PhD. student Alina POPESCU

The right to information, the citizen's fundamental right, must be regarded as a right whose scope is wider, to the extent of social evolution. More and more often, the need for individual information is observed in the most diverse areas, including the economic field. In my opinion, economic information cannot be approached without reference to information regarding capital markets. The information provided to investors must be upto- date, real, not likely to distort the natural course of the market or be manipulative or misleading. Citizens need market information as an individual right to information, but society as a whole needs well-informed citizens with a minimal economic and financial culture, in order to develop harmoniously and avoid potential attacks on system stability. A relevant, accurate and current piece of information provides the investor with protection and gives him the opportunity to make informed economic and financial decisions. Also, free movement of capital market information, within the limits of competition rules, provides the guarantee of a stable, fair and risk-free market.

10

Authors: Professor Constanţa-Nicoleta BODEA; Associate professor Augustin PURNUŞ

Building Information Modeling (BIM) is an innovative approach to design and construct buildings, which has changed the practices within the construction industry. Different categories of stakeholders, such as architects, construction companies, professional associations, academia and even the policymakers, who have defined national policies and strategy documents to facilitate the BIM adoption, have been interested to understand BIM and its implications for the business environment. The legal implications of adopting BIM in construction projects represent one of the most recently discussed issues, which is still not fully understood and not followed by concrete risk mitigation actions. The paper intends to underline some of the legal implications of adopting BIM, mainly in relation to the procurement and contract strategies. The paper concludes that it is expected that BIM will bring more transparency in the construction project implementation and will enable a more comprehensive audit trail leading to fewer legal disputes.

11

Authors: Associate professor Bazil OGLINDĂ; Lawyer Cristina OLARIU

Identifying the best legal and business solution, especially in the case of an international sale of goods contract can become a real challenge for the parties involved. In addition to CISG, which generally governs these type of contracts, choosing the Incoterms option which best suits the needs of the parties involved can represent the significant difference between a successful business or the appearance of disputes between the parties. Which are the options for the distribution of risks? What should the seller and the buyer pay special attention to? How does the CISG and Incoterms harmonize with the national legislation regulating the risk in the sale contract? Our objective in this paper is to present the scenarios and find possible solutions to all these issues.

13

Authors: PhD student Mihaela-Emilia MARICA

The literature centered on the investigations into the implications of this activity sector, reveals that – in addition to the usual risks entailed by most atypical work arrangements, some of them even increased in the case of homeworkers and teleworkers – these workers are further exposed to the risk of social isolation, because they lack direct social contact with their peers, colleagues and organization members. The vulnerability of homeworkers is aggravated by labor legislation, as this category of workers face major difficulties in the complete, effective exercise of some rights, although the law acknowledges the equality in rights and treatment between the employees with standard work contracts, and the employees opting for flexible work opportunities. In most cases, the remuneration and social benefits granted to the latter, are lower than the payment and social benefits offered for the same type of work, to an employee working at the company’s precincts.

15

Authors: Lecturer Carmen Oana MIHĂILĂ

The ability of man to be inventive and creative has led to economic development and social progress, but also to the creation of a real danger to his health and life when talking about the counterfeit and falsified drug market 2 . Ensuring the observance of intellectual property rights is essential worldwide in public health or safety policies, as counterfeiting poses a threat to people. The consequences of medication counterfeiting on health are quite difficult to assess. The methods of counterfeiting and the ways in which such drugs reach consumers are diverse. We are talking about direct sale, import, packaging change (original packaging, but counterfeited drug), falsification of the prospectus or attachment of a leaflet in another language, application of counterfeit (holograms) on packaging, advertisements, on the Internet, by press, fictitious terms of validity. The paper analyzes the national provisions containing regulations related to the sale and counterfeiting of medicines, as well as the European ones in the field, as well as the measures that can be taken to reduce the risk of their use. There are also some examples of this case related to illicit selling and counterfeiting of medicines.

16

Authors: PhD. student Cătălin-Radu PAVEL

The aim of this piece of research is to analyse the constitutional references of Article 52 of the Constitution of Romania, namely the guarantee of the right of a person aggrieved by a public authority. Therefore, the guarantee of this fundamental rights helps ensure the good administration of the rule of law, the respect for the legitimate rights and interests of Romanian citizens and, implicitly, of Romanian businesses environment. Good administration concerns the interest of both natural persons and legal persons who are engaged in the economic circuit and whose rights are granted by the fundamental law. Good administration is accomplished by granting the fundamental right of a person aggrieved through an administrative deed or through a request which was not settled within the legal time limit and, at the same time, by granting to that person a right to approach the competent authorities and to be entitled to obtain the recognition of the claimed right or of the legitimate interest, with the annulment of the deed and the repair of prejudice, respectively. The liability of the State for miscarriage of justice, as well as its right of recourse against the magistrates who acted in bad faith or serious neglect in their position are also granted. The methods used in drawing up this study are: the comparative method used to identify the right of a person aggrieved by a public authority in the Romanian Constitutions and in the Constitutions of other states, and the historical method, which was used in the analysis of the historical evolution of the studied field. The logical method served to analyse the current research in the field, while the sociological method helped to study social impact. The quantitative method was used to study the relevant applicable legislation. The results of this research have highlighted the current trends and the need of citizens and economic actors to benefit from good administration by public authorities. The implications of research for ensuring the good administration of citizens, economic agents and implicitly, of the business environment, reveals how important it is to ensure the supreme values, granted by the Constitution, namely the right of a person aggrieved by a public authority, a fundamental right analysed in this study.

16

Authors: Professor Marta-Christina SUCIU; Associate professor Mina FANEA-IVANOVICI

The current technological and scientific revolution taking place within the larger context of knowledge and innovation based society and economy has changed all aspects of life, including those related to cultural content consumption, creation, access and distribution. Although art galleries, libraries, archives and museums will continue to exist and function in a physical form, there has been noticed a trend is to preserve and provide access to world cultural heritage by means of digital libraries. Among the European objectives included in the Europe 2020 Strategy we find the digitisation of cultural content and the development of a library that can store and preserve European culture – Europeana. The main objective of this paper is that of debating the main stakes of access to digitised cultural content, such as it is found in digital libraries, A particular focus is set on the issue of intellectual property rights. The study specifically refers to the case of the European Digital Library, Europeana. The main scientific research method used in the paper is the critical analysis of IP legal regulations. Thus, we debate the main implications of these regulations for the process of digitisation, and we next identify the main current legal opportunities for and obstacles in the way of cultural content digitisation.

22

Authors: Mg. iur., PhD. student Armands SMANS

The prevailing importance of material values in contemporary society, undoubtedly, influences the nature of crime. At present, the main aim of criminal offences is to gain material benefits. In such conditions, in the majority of criminal cases it is inconceivable that the purpose of criminal proceedings could be reached without effective resolution of material issues of criminal procedure. The article examines the regulation on handling criminally acquired property in the Latvian criminal procedure, as well as assesses the impact of this regulation upon the business environment. I.e., the study provides answers to questions related to protecting the rights of a merchant as a victim, by using the tools envisaged by the Criminal Procedure Law. The study also examines business risks linked to such cases, where law enforcement institutions presume illegal origins of a merchant’s property. The research also focuses on implementation of the aforementioned legal instruments in correlation with human rights recognized in the European Union. The article provides an insight into the relevant issues in the Latvian criminal procedure in connection with confiscation of criminally acquired property or returning it to the victim, as well as into Latvia’s experience in implementing the Directive 2014/42/EU. Hopefully, the findings expressed in the article will be useful both for the theoreticians and practitioners of criminal procedure and will contribute to international sharing of experience. The following research methods have been used in preparing this article: analysis and synthesis of legal literature, of case law, and regulatory enactments; comparative method, analytical method, inductive and deductive method.

25

Authors: Ph.D. student Ivica PAVIĆ

This paper discusses the legal nature of human dignity as well as whether and in what manner it merits consideration in the prison privatization decision - making process . The first chapter grasp s the complexity of the legal concept of human dignity by analyzing how it is approached - its status, roles and content - in notable international and domestic regulations, soft law, sociologic al and legal theories . The second chapter discusses the qualitative characteristics of the decision to privatize pris ons and argues that it is primarily legal (constitutional) in na ture, the importance of agent identity and its effect on conceptual permissibili ty of prison privatizat ion based on the rationale theory of conceptual limitation to privatizing prisons by Dorfman and Harel , and finally, presents the institutional and human rights aspects of prison privatization as discussed by Barak - Erez and Feeley following the 2009 constitutional review decision of the Supreme Court of the State of Israel which held prison privatization to be unconstitutional. T he conclusion attempts to formulate a n acceptable legal defin ition of human dignity, gives a summa ry of author's opinions , and assesses the influence o f presented argumentation on recommendation of prison privatization as long - term or short - term solution f or addressing human rights violat ions with overcrowding as underlying cause.

6-19

Authors: Lawyer Diana Flavia BARBUR

The present study aims to present the right of fashion as a distinct branch of law. The idea I started from was that law of fashion is a complex branch of law that brings together issues related to intellectual property, commerce, advertising, competition, labour relations, customs, advertising and modelling. I appreciate that this new branch of law will become more and more visible and will include those legal rules that, although belonging to other branches of law, distinct and self-governing, have come to be closely linked to the field of fashion, and fashion-inspired legal norms devoted exclusively to this field in order to help develop this industry, protect those who play the role of market players in the fashion market, or regulate certain new situations arising from the natural evolution of a such domain.

22-38

Authors: PhD. Dmytro FEDCHYSHYN; PhD. Iryna IGNATENKO

The restrictions and peculiarities of the realization of the right of ownership of land by foreign citizens in Ukraine are considered. The emphasis is placed on the functioning of the principle of proportionality, the provision and criteria of predictability by the law and compliance in relation to the restriction of the rights of foreigners in acquiring agricultural land. The peculiarities of acquisition of the right of ownership on land plots and rights to use land plots in Ukraine by foreign citizens, foreign legal entities and foreign states are revealed. The authors formulate the purpose of legal regulation of restrictions on the right of ownership of foreigners to land. The primary focus of the paper is efficiency analysis of the legislative prohibition on acquiring property rights on agricultural lands (moratorium) by foreigners in Ukraine. The need to abolish this moratorium on acquiring agricultural land in Ukraine for citizens of foreign countries is justified.

48 - 63

Authors: Associate professor Jakub HANDRLICA; Associate professor Marianna NOVOTNÁ

The article remains the 55 th anniversary of the adoption of the Vienna Convention on Civil Liability for Nuclear Damage in 1963. As an instrument of international law adopted to tackle the issues of liability and compensation of damages arising from incidents in nuclear installations, the Vienna Convention currently provides for liability framework in 40 Contracting Parties (Installation States) worldwide, establishing – inter alia – a liability framework covering most States of the former Eastern bloc. The purpose of the work is to analyse developments of the Vienna Convention, especially its gradual acceptance among the international community of States in the last decades. Further, the article points out further developments in the field of nuclear liability, in particular the adoption of the Joint Protocol, which established a virtual bridge with another liability regime, provided in the States of Western Europe by the Paris Convention. Also, the article deals with the Protocol of 1997, adopted in order to strengthen the liability framework established by the Vienna Convention. Facing the developments of the last 55 years, the Vienna Convention is to be considered as a successful international treaty. It was able to attract the executives of several Central and Eastern European States, many of which represent major nuclear countries of the region. Further, the specific principles, established by the Vienna Convention, have been accepted as pillars of the legal framework of the peaceful uses of nuclear energy. At last, but not at least, the Vienna Convention represents an instrument, being able to connect this region in the future with other regions, intending for future development of nuclear industry.

76 - 96

Authors: Lecturer Gheorghe RENIȚĂ

This paper analyzes the impact of monopolization of the gambling sector in the Republic of Moldova on criminal liability for manipulation of an event and the arranged bets. In this respect, the author made use of the regulatory framework, doctrinal approaches, as well as the judicial practice in this field. In the light of the jurisprudence of the Court of Justice of the European Union, it was concluded that monopoly in the field of gambling could be justified only if the goal to combat the dangers of gambling is pursued in a coherent and systematic manner. Moreover, it has been stated that the Parliament of the Republic of Moldova hurried to decide on the establishment of the state monopoly on the gambling sector, there being no large public debate in respect of this issue. On the other hand, it was shown that the state cannot appear as a victim of the arranged bets offence, even though in the Republic of Moldova the activity of organizing and conducting betting is the monopoly of the state. It has also been concluded that there is no objective and reasonable argument to prohibit bets on events that have no sporting nature in the Republic of Moldova. Furthermore, legislative inconsistencies in this field have been highlighted and solutions have been proposed.

110 - 127

Authors: Student George-Cristian IOAN

The entry into force of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, commonly referred to as the General Data Protection Regulation will lead to significant changes in the domestic commercial environment. The present study aims to analyse the main problems that Romanian companies will face. In this respect, a section is dedicated to the theoretical and practical aspects of the new regime of consent, which, under the rule of the Regulation, can no longer be tacit. Similarly, attention is paid to problems concerning the obligation to appoint a Data Protection Officer. This obligation implies significant changes in the companies’ internal affairs. The final part of the article is dedicated to the systematization of a generally applicable compliance rules, to aid Romanian in their feat of insuring proper respect for Personal Data. The main purpose of the present study is to create a proper practical plan to facilitate the fulfilment, by Romanian businesses, under the Regulation.

139 - 147

Authors: Associate scientific researcher Mioara-Ketty GUIU

Particularly in criminal matters, the judicial errors register an alarming increase, so much so that it not only affects the destiny of the wrongfully sentenced or the groups that they belong to, but also the destiny of the entire society. A cause of this situation resides, from what it seems, in the lack of thorough legal studies with regards to the logical operations which should stand at the base of the decision that an actual act does constitute a certain offence, with a well specified “classification” or “qualification”. The present paper tries to actuate debates on the matter, which has been wrongfully neglected. With this purpose, the author begins from a rather old idea, but insufficiently known, and that is that any court sentence is the result of two types of judicial syllogisms: qualificative and decisional. Elaborating this idea, the author observes a series of other aspects, such as: the fact that, in criminal matters, the qualificative syllogisms serve to establish the legal classification, while the decisional syllogisms serve to establish the sentence; the fact that, in criminal qualificative syllogisms, the subject is always the actual act, and the predicate is a criminal concept (the notion of an offence); the fact that the legal classification is not an “operation”, as is claimed by many authors, but a conclusion, specifically to a qualificative syllogism etc.

165 - 173

Authors: Associate professor Heydar GAMBAROV

The contribution is devoted to the description of features of national implementation of treaty obligations of Azerbaijan according to the UN Convention for the Suppression of the Financing Terrorism. The basis of research is presented by the Law of the Republic of Azerbaijan “On the Prevention of the Legalization of Criminally Obtained Funds or Other Property and the Financing of Terrorism”. The author pays attention to the next aspects: 1) differences between approaches of national legislation and treaty obligations; 2) modern challenges that might have impact on the efficiency of implementation of international norms on suppression of the financing of terrorism.

202 - 211

Authors: Lecturer Mashele RAPATSA

The Labour Relations Act 66 of 1995 provides that Alternative Dispute Resolution (ADR) is predicated on providing less complex statutory processes within which labour disputes may be expeditiously and cost effectively resolved. Has or is this fundamental objective being realised? This article proffers a critical disposition of the realities besieging South Africa’s prime institution of labour dispute resolution, the Commission for Conciliation, Mediation and Arbitration (CCMA), whose establishment brought about high expectations in terms of normalising systems of labour dispute resolution, and ushering in employee-friendly employment relations. It has been observed that although the CCMA provides simplified labour dispute processes, majority of workers still struggle to achieve a practical realisation of the intended ADR benefits, largely owing to low literacy levels and the skewed bargaining power which is still slanted towards employers. Employers still wields the determining power at both conciliation and arbitration stages, and are better placed to manipulate a conciliation outcome due to technical knowledge of labour laws and the power of record keeping, against employees, who often are the disadvantaged proletariat with limited or no skills or training in labour relations. Further, the arbitration process still manifests some elements of adversarialism, which favours the resources-rich employers.

223 - 227

Authors: Associate professor Cătălin-Silviu SĂRARU

The present study aims to analyze the conditions under which arbitration may be used in the administrative contracts provided by the Civil Code and the legislation on public procurement and concessions. In the administrative law doctrine, the provision on the possibility to resort to arbitration in litigation regarding the administrative contracts is often expressed, because the competent administrative court and, on the other hand, the arbitration is a specific institution of commercial law, where the parties are in a position of legal equality. In our opinion, in relation to the positive law provisions previously analyzed, we consider that it is no longer possible to deny the possibility of inserting, under the law, the arbitrary arbitration clauses in litigations concerning administrative contracts.

614 - 623

Authors: Associate professor Maria João MIMOSO; Assistant professor Maria do Rosário ANJOS; André ALMEIDA

The Community impact on private international law (PIL) began to be felt in the late 1990s. A phenomenon that would become a visible reality through an exponential increase in legal texts of community origin on issues related to PIL. Such was anchored in the concern to ensure the proper functioning of the internal market and the need to regulate private relationships that went beyond the limits of each state, enhanced by the freedom of movement (people, goods, services and capital), one of the cornerstones of European Union. This study aims to reflect on the creation of the International Law European Private and its impact on state PIL. A literature review will be conducted in order to understand the evolution of this reality after the Treaties of Amsterdam and Lisbon. We will use a deductive and speculative reasoning anchored the views expressed by the doctrine, law and jurisprudence. We will try to demonstrate the disuse of the classic PIL (of state origin) in relation to the community PIL.

645 - 656

Authors: Professor Raluca DIMITRIU

Is the intervention of the state in regulating collective labour relations a useful and beneficial tool, or rather a discouraging one? This is a long time concern of the doctrine, of the law-makers and of the practice of European industrial relations. And, on the background of different traditions and goals, the options are most diverse. Almost everywhere, the economic crisis and the digitalisation have altered the ratio of what the legislator has assumed and what is left to the social partners to regulate. Sometimes, the state has withdrawn to a certain extent from the process. Freed from constraints, the social partners have become more responsible than in the previous decade for the concrete way of negotiating and regulating collective relations. In other cases, the legislator felt the need to intervene more forcefully to offset the fragility of social dialogue. The paper aims to present some of the European options in the field and to place the experience of the Romanian law in context.

669 - 680

Authors: Assistant professor Mehmet HATIPOĞLU

Environmental administrative sanctions are a means of precautions aiming for the protection of the environment, reduction of environmental damages, nonrepeation of acts causing the damage of the environment. The mentioned actions of the administration shall be concluded in accordance with principles of rule of law, legality, legal certainty. It is important to a great extent to demonstrate the legality of the sanctions and measures when applied subsequently for judicial remedy, during which in the process of application of such sanctions, documentation of the contaminative activities and reveal of activities transparently with its justification had been realized. In the Environment Law numbered 2872, the procedures and principles are determined, which must be obeyed by the officer in charge assigned by the central or provincial organization of the Ministry or by the competent authority of state institutions and organizations authorized by the Ministry for the environmental supervision for detection of violations, which require the impose of administrative sanctions. It is important to consider some factors for the establishment of the process to be applied against any environmental violation by the administrative institutions that have duties and powers in the field of protection of the environment, such as the investigations to be carried out in order to clearly reveal the source of the polluting activity, the means that can be used in determining the violation, the conditions to regard real or legal persons to be responsible for polluting activity, which abolishes the hesitations relevant to the source of pollution. When the decisions of the Council of State are examined, in some of the decisions it is noteworthy that the problems related to the determination of the violation are mentioned and some of the sanctions established by the administration according to the procedure stated in the legislation are cancelled. In this study, a discussion will be made on the decisions of the Council of State and the reasons of the administration and an emphasis will be given to the problems in implementation and legislation. Recommendations will be put forward for the procedures and principles to be more specific in accordance with the principle of legality and to strengthen the lawfulness of the sanctions, which are followed in the areas where inspection may be carried out by the environmental inspection teams and where sea, land, air and other environmental damages may arise.

690 - 696

Authors: Associate professor Charlotte ENE

This paper focuses on the main international legal documents providing guidance recommendations and principles on corporate social responsibility (CSR), considered it as a sustainability tool. A special attention is paid to the provisions of European Union regarding corporate disclosure of non-financial information and transparency. The nonfinancial information report has to include consultation rights, health and safety environment, social dialogue, fulfilment of the obligation of non-discrimination etc. Despite the fact that it is not necessary a comprehensive report on CSR matters, the outcome would consist in demonstration that the disclosure of information on policies, outcomes and risks will enable companies and their stakeholders to develop a very good strategy of corporate governance policy.

705 - 711

Authors: Associate professor Monica GHEORGHE

The study aims to analyze a consequence of the annulment of the dismissal decision by the court, for reasons of lackluster or unlawfulness. According to art. 80 of the Labor Code, in the event of the finding of illegality and/or inadequacy of the dismissal decision, the court orders the cancellation of the unilateral act of dismissal. An effect of the annulment of the dismissal decision is the employer's obligation - in all cases - to compensate the employee equal to the indexed, increased and updated salaries and the other rights that the employee would have been entitled to if he had not been dismissed. In relation to the imperative wording of the legal text, atypical assumptions are considered in which the award of damages should be nuanced in relation to the factual situation that led to the termination of employment relations. There are also issues related to the content of the claims and their amount.

719 - 733

Authors: Assistant professor Sónia De CARVALHO

The development of the internal market, based on the principle of freedom to provide services, as stated in article 56 TFEU, rendered common the posting of workers to another EU Member State. The risk of leading to social dumping in the host Member State, resulting from the less favourable working conditions of the sending Member State, justified Directive 96/71/EC. Collective bargaining, which has always taken on a prominent place in the posting of workers framework provided for in Directive 96/71/EC, is clearly reinforced by Directive (EU) 2018/957 that amended Directive 96/71/EC. The caselaw of the CJEU, however, has revealed that in some cases the enforcement of the host Member State working conditions, in view of the lack of harmonization of labour law in the Member States in relation to minimum protection mandatory rules, can paradoxically constitute a restriction on the freedom to provide services. The analysis of the amendments introduced by the Directive (EU) 2018/957 will demonstrate that, despite creating a favourable legislative framework for fair competitive conditions between national undertakings and the undertakings that post workers, may compromise the delicate balance between the protection of workers and the freedom to provide services.

741 - 747

Authors: Assistant professor Andreea STOICAN

Law no. 85/2014 on the insolvency prevention and insolvency procedures, envisaged as of its entry into force as a true “Insolvency Code”, is the main tool for setting up a collective procedure for covering the debtor’s liability, as well as an opportunity to redress the activity of a company in financial distress. The recent amendments brought by the law-maker through the entry onto force, on October 02, 2018, of the Emergency Ordinance no. 88/2018 for amending and supplementing normative acts in the field of insolvency and other normative acts, although brought with the intention of improving the exiting procedure to date as a result of the practices found during the four years since the Insolvency Law has been implemented, succeeded, although probably unintentionally, to create a potential bias towards one of the main creditors encountered in the procedure, namely, the State. This paper therefore, considering the extremely short timespan since the entry into force of the Emergency Ordinance no. 88/2018, proposes by no manner of means to make no criticism on the new regulation, which might even prove effective on the long run as a result of the observation of the practice and concrete implementation of the provisions therein, but only to raise an alarm on some aspects which, at first sight, seem to create certain differences between the creditors by favouring, at least theoretically, a certain creditor.

766 - 771

Authors: Associate professor Ioana-Nely MILITARU

The paper contains, first of all, aspects of the convergence report drawn up by the European Commission and the European Central Bank on the level of readiness of a Member State to join the euro area when there is an express request for it. The second part refers to several proposals for actions that Romania thinks should follow in order to adopt the euro, starting with the Convergence Report of the European Commission and the European Central Bank of May 2018.

779 - 788

Authors: Assistant professor Yusuf Sertaç SERTER

As of July 9, 2018, Turkey abandoned the parliamentary system and has adopted a sui generis kind of presidential system of government. The said new governmental system provides the President, the Executive Organ of the Turkish State, with the authority to issue presidential decrees on matters relating to executive function, and such authority that is conferred directly by the Constitution “is neither dependent on a prior parliamentary mandate nor subject to any subsequent approval”2. On the other hand, the principle of legality3, an important constitutional principle relating to “the rule of law” states that the Legislative power is “original/primary”, and that, as a rule, the Executive Organ possesses a secundum legem authority. As such, the prospective effects of the presidential decrees on the constitutional principle of legality will be reviewed in this study based on various discussions made by Turkish public law academics.

801 - 810

Authors: Assistant professor Ezgi Başak DEMİRAYAK

The cheque, which has been replaced by money order and credit card in many countries, still remains as an important payment instrument in Turkey. Several sanctions are imposed for the use of bounced cheque in all legal systems in order to increase the credibility of cheque. In the early years of the Turkish Republic, there were no special sanctions imposed for the use of bounced cheque. Such lack of legal sanction for drawing bounced cheque led to an increase in the number of bounced cheque. The said abuse gave cause for certain sanctions on drawing bounced cheque. Considering bounced cheque fraud within the framework of Turkish Criminal Code did not however constitute a proper legal solution for post-dated cheque in particular. As such, Turkish lawmaker had the sole opportunity to define a new crime named “drawing bounced cheque” including imprisonment in the relevant code regulating cheque related issues. But the increase in the number of bounced cheque due to the economic crisis in the nineties made it necessary to find out a new solution. Accordingly, the Turkish lawmaker abandoned imprisonment and carried out a new regulation based on the acquis communautaire that led to the employment of the principle stated as “economic punishment for economic crime”. Since 2016, the QR-code cheque is also employed in order to prevent drawing of bounced cheque. This study aims to review the aforementioned measures with regard to bounced cheque and analyze the impacts of the QRcode cheque.

823 - 834

Authors: PhD. Tuğçe ORAL

Sports organizations constitute the biggest events of the world and are usually widely followed. The main financial source of many athletes or sports organizations is the sponsorship, which enables the sponsor to reach customers. In this paper, I begin by defining the sponsorship, sponsorship contracts and sport sponsorship contracts. Then, I will discuss the legal nature of them. Secondly, I will analyze the parties of this contract. In addition, I will deal with the objects of sport sponsorship contracts, namely the aims of promotion, image transfer and increase engagement with its target audience and to reach a larger target market for the sponsor; and provide funding and promotion for the sponsored party. Finally, I will discuss the rights and obligations of this contracts and in conclusion I will examine whether it is possible for the parties to claim damages for non-pecuniary loss in the case of a violation of personality rights.