Jurnalul de Studii Juridice最新文献

{"title":"Presentation: c Civil decision no. 42/2017 of 31 January 2017 delivered by the Court of Appeal Iasi - Labour and Social Insurance Litigation Section; Court of Appeal Iasi - Labour and Social Insurance Litigation Section_2","authors":"N. Aniţei","doi":"10.18662/jls/17.3-4/114","DOIUrl":"https://doi.org/10.18662/jls/17.3-4/114","url":null,"abstract":"Through an action filed with the Iasi Court of Appeal, the appellant ANC appeals against Civil Judgment no. 315/2016 pronounced by the Iasi Court - Civil Section I in case no. 6816/99/2015. \u0000The appeal is pending the judgment of the case in which the applicant is requested to order the University \"Dunarea de Jos\", Galati to pay the transitional allowance (doctorate bonus) from 02.10.2012-2016 and the legal interest from 02.10.2012 until the date of implementation of the provisions of the Civil Decision no. 42?2017 of 31 January 2017.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134023756","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Cult of the Saints in Late Antiquity from Peter Brown’s Perspective","authors":"G. Enache","doi":"10.18662/jls/17.3-4/111","DOIUrl":"https://doi.org/10.18662/jls/17.3-4/111","url":null,"abstract":"In this article, the great historian Peter Brown's conception of the origins and development of the cult of saints in Late Antiquity is presented. Peter Brown's contribution to defining the concept of \"Late Antiquity\" is also highlighted. \u0000 ","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128693033","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"General Management Components Involved in the Management of Financial Audit and Control","authors":"Florina-Maria Tăvală","doi":"10.18662/jls/17.3-4/113","DOIUrl":"https://doi.org/10.18662/jls/17.3-4/113","url":null,"abstract":"The efficient functioning of organizations cannot be achieved without ensuring the correct use of the public or \u0000private funds that are at their disposal, in accordance with the objectives which they have set for themselves. Managers have the task of managing the funds in accordance with the legislation in force, as well as taking measures in order to prevent, sanction or recover any damage caused by financial irregularities or by the failure to achieve the objectives for which they were allocated. \u0000A basic concept in the theory and practice of modern management is represented by responsibility. To fulfill his \u0000responsibility/responsibilities, the manager needs a system of guidance, self-regulation or coercion, and that system is represented by control. Control, and in particular the financial audit and control, contributes to the evaluation of the programs performance, to the planning of activities and to a good management of resources. The successful accomplishment of these tasks cannot be accomplished outside of management science and the reverberations it entails. \u0000The role and importance of the financial audit and control in management, imposes, as it is shown in this approach, the \u0000need for a management of this activity, which would have its own structural elements, with specific relationships between them, and also with the system in which it evolves. \u0000The financial audit and control management, as a segment of management, must be defined starting from the general \u0000management. That is why, in this paper, I tried to approach, as a personal contribution, the management and financial audit in terms of general components (Management Science, Scientific Management, Management Processes, Management Relations, Management Principles, Management as a synthetic economic discipline) and in terms of the components of the organization's Management system (Information system, Decision system, Organizational system, Methodological system). The study that took place revealed a series of predictable influences such as: the need to create some computerized infrastructures, to create some horizontal information networks that would allow the efficient use of knowledge, increasing the role of management by objectives coupled with management through budgets, elaborating complex analysis and evaluation methodologies.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"110 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115800260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Some Aspects Regarding the Temporary Employment Contract","authors":"Maria-Cristina Ichim (Bălăneasa)","doi":"10.18662/jls/17.3-4/110","DOIUrl":"https://doi.org/10.18662/jls/17.3-4/110","url":null,"abstract":"This material aims, through its content, to present some particularities of the temporary employment contract seen as an innovative tool at the European and national level to make labor relations more flexible. The article begins with the presentation of the legal framework applicable to this type of employment contract, it continues with the explanation of the concept and the specific features of the contract, and ends with some considerations regarding the duration for which it can be concluded. Special attention is paid to the contractual clauses, but also to the trial period.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114027037","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"About Limits in Exercising the Active Role of the Judge in Romanian Procedural Law","authors":"M. Lupu","doi":"10.18662/jls/17.3-4/109","DOIUrl":"https://doi.org/10.18662/jls/17.3-4/109","url":null,"abstract":"The active role of the judge, a fundamental principle of procedural law, is applied as varied as the personalities of the judges who administer justice are different. \u0000In relatively simple lawsuits, with a well-defined object and placed in a single demand end, the active role is limited to following a natural, predictable path. However, there are also situations in which the lawsuits have a complex object, with several claims, an object that does not, in fact, resolve the dispute, but will probably lead to another lawsuit. \u0000The tendency to emphasize formalism raises the issue of the ever-increasing limitation of the judge's role. \u0000In this paper I propose to outline some of these boundaries and possible situations in which the judge, exercising his active role by possibly expanding the procedural framework, resolves the dispute and prevents a new trial.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133712441","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Conflicting Rules in Matters Relating to Maintenance Obligations where the Connecting Factor is the Will of the Parties under Articles 7 and 8 of the Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations","authors":"N. Aniţei","doi":"10.18662/jls/17.3-4/106","DOIUrl":"https://doi.org/10.18662/jls/17.3-4/106","url":null,"abstract":"Article 2.612 of the Civil Code provides: \"The law applicable to the maintenance obligation shall be determined in accordance with the rules of European Union law.\" \u0000The law governing the maintenance obligation is found in the European regulations (European Commission, 2008).  \u0000            Romania has concluded Conventions (e.g. the Convention between Romania and the Kingdom of Belgium on the recognition and enforcement of judgments in matters relating to maintenance obligations) and Legal Assistance Treaties (Government of Romania, 1999; International Act, 1995; Parliament of Romania, 1995; 1997). \u0000The legal framework for the application in Romania of European Union regulations and various instruments of private international law in the field of maintenance obligations is Law No 36/2012 on certain measures necessary for the implementation of certain regulations and decisions of the Council of the European Union (2009) and instruments of private international law in the field of maintenance obligations (Parliament of Romania, 2012). \u0000Among the European regulations in this field, we have proposed to dedicate our study to the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations. \u0000The Protocol comprises two categories of rules which differ in the nature of the point of connection: \u0000- The first category is made up of rules which provide an objective location of the obligatory relationship (Art. 3 - Art. 6); \u0000- The second category consists of rules whose point of connection is the will of the parties (Art. 7 to Art. 8). \u0000This article is devoted to the presentation of the law applicable to maintenance obligations in the case of conflicting rules whose point of connection is the will of the parties as provided for in Articles 7 and 8 of the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116647573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Invitation to Read. Review on “A Family for Europe, A Europe of Families?”","authors":"D. Popescu","doi":"10.18662/jls/17.3-4/115","DOIUrl":"https://doi.org/10.18662/jls/17.3-4/115","url":null,"abstract":"The title of the volume is suggestive: \"A family for Europe, a Europe of families?\". There is no doubt that the concept and contours of family relationships have changed a great deal in recent times. The case law of the ECHR and of the Court of Justice in Luxembourg (CJEU) has contributed greatly to these changes. But despite these changes, tradition has managed to maintain itself, trying to survive and live in harmony with the new. Has it succeeded? \u0000The work contains a total of 43 articles in which the authors deal with different topics dedicated to family relationships and topics that are closely related to family relationships. \u0000We dedicate this tribute volume to our colleague, PhD Univ. Prof. Emese Florian, as a sign of recognition and appreciation for his entire teaching and scientific activity at the Law School of \"Babeș-Bolyai\" University, for more than thirty years. \u0000            The Laudatio presented in this issue of the magazine can be found in the first 5 pages of the Romanian version of the book.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127254762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Vertical Agreements and Concerted Practices Arising from Commercial Relations. Innovative Legislation in the Matter","authors":"E. Vâlcu","doi":"10.18662/jls/17.3-4/108","DOIUrl":"https://doi.org/10.18662/jls/17.3-4/108","url":null,"abstract":"The goal of achieving and maintaining an integrated internal market is to strengthen competition in the European Union. Consequently, in conditions where the elimination of unfair competitive practices has been achieved at the level of the member states, companies cannot resort to prohibited vertical agreements, for which the provisions of art. 101 para. 1 of the Treaty on the Functioning of the European Union apply. However, Regulation (EU) 2022/720 regulates categories of vertical agreements and concerted practices that are not considered incompatible with the common market and the general interest of consumers. Thus, if a vertical agreement restricts competition within the meaning of art. 101 para. 1 of the Treaty, the agreement may still meet the exemption conditions set out in art. 101 para. 3, only under the conditions set out in this Regulation. In June 2022, the European Commission adopted the Communication “Guidelines on Vertical Restraints”, a document through which the EU institution provides businesses with guidelines on vertical agreements, how the provisions of art. 101 of the TFEU apply to vertical agreements, the positive and negative effects they have generated. Also, in the communication, the Commission refers to those vertical agreements that do not fall under Article 101(1) of the treaty, also providing explanations regarding the protection regime – “safe harbor” – established by Regulation (EU) 2022/720.\u0000                All these issues will be analyzed in the present study from a personal perspective, substantiated by the legislation appropriate to the matter.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133397444","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Invitation to Read. Review “Drept Internaţional Privat. Partea Generală/ Private International Law. General Part”","authors":"D. Popescu","doi":"10.18662/jls/17.3-4/116","DOIUrl":"https://doi.org/10.18662/jls/17.3-4/116","url":null,"abstract":"The university course ~DREPT INTERNATIONAL PRIVAT. PARTEA GENERALA/ PRIVATE INTERNATIONAL LAW. GENERAL PART“ written by Nadia-Cerasela Anitei PhD professor at the Faculty of Law and Administrative Sciences \"Dunarea de Jos\" University of Galati was published by Universul Juridic Publishing House in December 2022 being it is a book dedicated equally to students, but also to those who, faced with the problem of the location of legal relationships that have elements of foreignness, want to deepen this subject so complex and sensitive at the same time. \u0000The author has skillfully succeeded in highlighting this universal spirit of private international law, while at the same time reflecting, by means of numerous references, the comparative law on the subject and current developments in the European context.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131410515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Education for Citizenship – A Step Towards Democracy","authors":"L. Cureluşă","doi":"10.18662/jls/17.1-2/105","DOIUrl":"https://doi.org/10.18662/jls/17.1-2/105","url":null,"abstract":"This article encompasses an interdisciplinary approach regarding the concept of education for citizenship which has multiple implications in the contemporary world. Thus, the paper tries to highlight the close connection which establishes between the citizen and the state, due to the citizenship status one acquires and to emphasize how important it is to educate the individual in terms of assuming this status. The main purpose of this type of new education is to approach citizenship and its advantages with a great sense of awareness, permanently trying to promote the contouring of an identity oriented towards democracy and a set of principles centered on respect for fundamental rights and freedoms and the rule of law. Concomitantly, the paper aims to define education, the „new educations” and to also underline the legal approach regarding education for citizenship as it was foreseen recently in the European recommendations as well as the way in which the Romanian legal provisions were harmonized accordingly.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128896387","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}