"Perspectives of business law" Journal

This volume contains scientific papers presented at the 7th International Conference "Perspectives of Business Law in the Third Millennium", November 24, 2017, Bucharest University of Economic Studies

Table of Contents

  • Associate professor Emilian CIONGARU

    Abstract:
    The Lisbon Treaty also known as the Reform Treaty provides only an amendment of the treaties considered as fundamental, namely the Treaty on the European Union and the Treaty on the functioning of the European Union and is the result of the constitutional process triggered by the Laeken Declaration adopted by the European Council. The Lisbon Treaty is still built on the content of the European Constitution from which they eliminated the most controversial provisions, first of all the title of Constitution that might produce concern and panic among the European Union population through the symbolic power it contained, and for Romania this new treaty was the first it signed in quality of a Union member state. Even if does not bear the name of European Constitution, the Lisbon Treaty is a European Constitution for the following reasons: first it is a Constitution because it gathers together most of the fundamental elements of the Constitutional Treaty, even if it does not have the structure or the name thereof, and second the treaties after the Lisbon reform have become small constitutions from the operational viewpoint, they develop the functions of a constitution, limit power and organize the operation of the organization.
    Key words: constitutional concept; Lisbon Treaty; European Constitution; fundamental elements of Constitutional Treaty
    JEL Classification: K10, K33.

    THE CONSTITUTIONAL CONCEPTS OF THE REFORM TREATY (THE LISBON TREATY)
        Page 1

  • Assistant professor Ayşe ARAT
    Abstract:
    A certain number of consequences show up in terms of spouses and children along with the divorcement. The consequences that are related to spouses can be classified as personal and financial. Spouses, along with the divorcement, gain a new statue due to the marital breakdown. However, divorcement has financial results, too. Financial results, on one hand, aim to end financial relationship which arise during the marriage; at the same time regulate the demands of alimony and damages which show up with the divorcement and its compensation. Divorcement can cause pecuniary or non-pecuniary loss to the spouse who is disadvantaged. The Turkish Civil Code allows the spouses to claim damages if the disadvantaged spouse is flawed or defective (TMK. M. 174/II). Our study has focused on non -pecuniary damages and how to decide its circumstances; its amount and its manner have been evaluated. In addition, in the event of divorce due to adultery emerging from court decision, the possibility of seeking non –pecuniary compensation from the third person with whom the unfaithful spouse is in relation has been examined.
    Key words: compensation of non-pecuniary damages, divorcement, non –pecuniary compensation from the third person.
    JEL Classification: K15, K36
    THE IMMATERIAL DAMAGES THAT CAN BE DEMANDED BECAUSE OF THE DIVORCEMENT IN TURKISH CIVIL LAW
        Page 7
  • Lawyer Alina BILAN; Lawyer Lorena CIOBANU
    Abstract:
    The participation of groups of economic operators with joint tender to public procurement procedures requires the conclusion of association agreements published together with the procurement documents by the contracting authorities. The contracting authorities often require these temporary associations specific legal forms, similar to joint ventures, or certain conditions concerning their organisation and functioning. This present study analyses the associations for participation to public tenders in light of public procurement and fiscal legislation, trying to asses if these contracts are joint venture agreements, to what extent the clauses comprised in the drafts imposed in the procuremnt documents are compatible with the public procurement and fiscal laws and if they may be challenged by the economic operators.
    Key words: temporary association for participation to public tenders, public procurement, fiscal treatment of associations for participation to public procurement procedures.
    JEL Classification: K23, K 34.
    LEGAL AND TAX TREATMENT OF THE ASSOCIATIONS FOR THE PARTICIPATION IN TENDERS
        Page 14
  • Associate professor Claudiu Ramon D. BUTCULESCU
    Abstract:
    This paper briefly analyzes a new perspective regarding natural law and its effects on the contemporary society, especially from the perspective of the social interaction of legal persons. The present study aims to analyze whether natural law can be divided into two components: one internal and one external, which also can influence and complement one another. Although at first glance it can be considered that legal positivism has a special influence on the normative social system, one should consider more likely that the two general schools of thought - natural law and legal positivism - are complementary and harmonize each other. The legal phenomena that systematically influences the cultural matrix of the system of law can be analyzed from the perspective of the natural law. Natural law is closely linked to the external phenomenology that influences the social normative system and implicitly the system of law, while legal positivism is closer to the formal sources of law. Within the concept of natural law, after a thorough analysis, a new different concept may be envisioned, namely the concept of universal law, which may be different from natural law, although it may have the same sources as the latter. These two concepts can be used as tools for analyzing how people interact within the system of law, especially in the framework of social and economic relations that are established today between legal entities. This paper tries to present the structure and the traits of each of these concepts and their similarities and differences. At the end of the paper, brief conclusions regarding the effects of these concepts on the legal relations established between various legal entities are presented, as well as the effects that appear because of their interaction.
    Key words: natural law, universal law, legal positivism, law system.
    JEL Classification: K10; K40.
    CONSIDERATIONS ON THE EVOLUTION OF NATURAL LAW FROM THE PERSPECTIVE OF THE CHALLENGES OF CONTEMPORARY SOCIETY
        Page 26
  • Lecturer Camelia Daciana STOIAN; Lecturer Radu Nicolae STOIAN
    Abstract:
    The present article deals with situations in which the use of the provisions of the Labor Code is required for the suspension of a service report on the initiative of a civil servant for legitimate personal interest, provided that the regime of legal relations between civil servants and the state or the local public administration is regulated by Law no. 188/1999 on the Statute of civil servants. We appreciate the decisive importance both for public institutions, civil servants and courts of law, to advance a proposal to regulate the suspension of the employment relationship at the initiative of the civil servant, as from 2010, the provisions of Article 95(2) of the Law no. 188/1999 on the Civil Servants' Statute, are subject to different interpretations: either as an abrogated article or as an existing article outlined as content on the provision identified in the initial form of the normative act.
    Key words: suspension, service report, civil servant, public office, public power powers in the executive sphere, powers of public power in the sphere of the judiciary, contract staff.
    JEL Classification: K23, K31, K40.
    SUSPENSION OF CIVIL SERVANT'S SERVICE REPORT UNDER THE LABOR LAW PROVISIONS
        Page 31
  • Lecturer Dragoş Lucian RĂDULESCU

    Abstract:
    The main effect of non-compliance of the employees with respect to the obligations resulting from the employment legal relations is the application of the specific ways of accomplishing the discipline of labor. In this respect we can state that the discipline of labor is not only a system of norms that allows the employee to meet the requirements resulting from the labor relations, mainly through the possibility of applying the specific disciplinary sanctions, but also of a preventive or stimulatory character under the aspect of forms of labor organization. As regards the principle of employee subordination in the legal relationship with the employer, in relation to his/her obligation to respect a well-established system of norms issued for the purpose of labor process, failure to comply with the resulting obligations leads to the possibility of applying sanctions for violation of the labor discipline. The article presents the conditions for the non-compliance of the obligations resulting from the employment relationships of civil servants, the legal basis specific to the violation of specific duties, the way of individualization of the sanction applied, as well as elements of judicial practice.
    Key words: discipline, rights, sanctions, individualization, violation.
    JEL Classification:K31.
    THE CONSTITUENT ELEMENTS OF DISCIPLINARY TRANSGRESSION. STUDY CASE
        Page 38
  • Lecturer Aracsia-Magdalena BENŢIA
    Abstract:
    Objectives of the study: the study aims to analyze the issue of social health insurance in Romania and to provide legislative solutions in combating them. The research methods used are the qualitative research method and the observation method. Results and implications of the study: 1) establish a 2020-2030 Strategy to prevent disease by launching national campaigns for healthy eating, reducing smoking and alcohol consumption, and introducing the color scheme for food; 2) decentralizing the system, establishing a public-private partnership, increasing the patient's freedom in choosing doctors and services; 3) limiting the cost of medical care by introducing caps, as well as co-payments; 4) institutional reform of the public sector in this area. In some opinions, "Experience in other countries consistently suggests that introducing a private funding system would create more problems than it would solve. That is why efforts should be focused rather on institutional reform of the public sector"; 5) developing legislation to make differentiated payments for medical services; 6) closure of non-accredited hospitals and their privatization; 7) establishment of private health insurance houses.
    Key words: "social insurance, public health system, social security, social assistance
    JEL Classification: K32
    CONSIDERATIONS REGARDING SOCIAL INSURANCE IN THE ROMANIAN PUBLIC HEALTH SYSTEM
        Page 44
  • Associate professor Bujorel FLOREA
    Abstract:
    The establishment of a general framework for the evaluation of plagiarism, accepted by the majority of those involved in the creation of intellectual works, is the main objective pursued in the present study. Obviously, the author does not propose to definitively outline the limits of such a plagiarism assessment framework, but outlines some criteria and exigencies that characterize it, being aware that only through the contribution of those interested in different spiritual fields can one agree such a standard. The question of the plagiarism, old-fashioned and the punishment of the plagiarists, which is necessary for justice, has a wide range of difficulties of appreciation. That is why the present study was born on the basis of the lack of unanimously accepted criteria for assessing the originality of intellectual creations. The author hopes that his imperfect approach will be welcome and arouse approval and interest. The author believes that in the world of today, the Internet and computer science, where an IT program can show the degree of plagiarism of any literary, artistic or scientific work, the evaluation of the suspect work of plagiarism must be done primarily by man and not by technical equipment, either very sophisticated. The man, endowed with correct thinking, artistic and scientific sense, vocation, modesty, temperament, etc., can control and weigh better than the IT apparatus of plagiarism and especially, can better determine the applicable sanction. This is why the present study is based on the truth that plagiarism judges, specialists dedicated to intellectual creation, are able to value the criteria of the plagiarism authors, correct their flaws and give them the chance to -and develops the natural vocation.
    Key words: model work; judges of plagiarism; criteria of appreciation; firmness and malleability; the principles of Bangalore.
    JEL Classification:
    REFLECTIONS ON THE CONDUCT OF PEOPLE WHO CHECK AND SANCTION PLAGIARISM
        Page 47
  • Associate professor Aurel Octavian PASAT
    Abstract:
    Our scientific approach will include, to a considerable extent, the analysis of smuggling offenses. We will analyze the pre-existing elements of customs offenses in accordance with the legislation of the Republic of Moldova and that of Romania, our focus being on the investigation of the object of customs offenses. The analysis carried out aims at: highlighting the generic legal object and the special legal object of customs offenses. Different research methods were used to carry out the study, including: analysis, synthesis, deduction, induction. However, the most used method was comparative considering the specifics of the subject under investigation. In the customs sphere, the Romanian legislator has incriminated: simple smuggling, skilled smuggling, the use of unrealistic acts and the use of falsified documents. The analysis of smuggling (simple and qualified) will make an incursion both in the legislation of the Republic of Moldova and in Romania; analysis of using false documents and use of forged documents will refer to the rules of the Customs Code of Romania, while the analysis evade customs payments will make use of the Criminal Code rules.
    Key words:smuggling, customs offenses, general legal object, generic legal object, special legal object, simple smuggling, qualified smuggling, unrealistic acts, falsified acts.
    JEL Classification:K14, K33.
    PRE-EXISTING ELEMENTS OF CUSTOMS OFFENSES IN ACCORDANCE WITH THE LEGISLATION OF THE REPUBLIC OF MOLDOVA AND THESE OF ROMANIA
        Pages 54
  • Assistant professor Radu Ştefan PĂTRU
    Abstract:
    The legal framework regulating the legal regime of the authorized natural person has been modified relatively recently by Law no. 182/2016 for the approval of Government Emergency Ordinance (G.E.O.) no. 44/2008 on the conduct of economic activities by authorized natural persons, individual enterprises and family enterprises2. The amendments brought by the mentioned normative act concern the issues related to the authorization of the authorized natural persons, the number of employees, but also in the field of taxes and duties. In the present study, we will analyze the impact of new legislative changes on the business environment for authorized natural persons.
    Key words: Authorized natural persons, G.E.O. no. 44/2008, legislative modifications, Law no. 182/2016 approving the Government Emergency Ordinance no. 44/2008 on the carrying out of economic activities by authorized natural persons, individual enterprises and family enterprises.
    JEL Classification: K22
    ASPECTS REGARDING THE LEGAL REGIME OF AUTHORIZED NATURAL PERSON IN THE LIGHT OF THE AMENDMENTS BROUGHT BY LAW NO. 182/2016 FOR THE APPROVAL OF GOVERNMENT EMERGENCY ORDINANCE NO. 44/2008 ON THE CONDUCT OF ECONOMIC ACTIVITIES BY AUTHORIZED NATURAL PERSONS, INDIVIDUAL ENTERPRISES AND FAMILY ENTERPRISES
        Page 65
  • Dr. Iur. Olga SOVOVA, Ph. D.
    Abstract:
    The paper examines topical questions of the conflict of dual loyalty when providing health and medical care in the context of the liability of regulated medical professions. The paper specifies, describes and identifies the impact of professional particularities on the sphere of activity of the vocational holder in general and the particularities in the Czech Republic. The conflict of dual loyalty is highlighted in the relations emerging when providing the medical care, in particular in the relation patient - medical professional - provider of medical care. The article is anchored in the methods of the interpretation of law together with the interpretation from the general to the specific. The medical professionals get very often into the dual loyalty conflict, which concerns legal obligations and the ethics of the profession. The paper examines the difference between the conflicts of dual loyalty and interests. Based on the abovementioned the paper concludes that the conflict of the dual loyalty and the responsibility of medical profession have many forms, but there are legal, ethical and economic possibilities to solve in in favour of the patient.
    Key words: health care; medical professional; dual loyalty; liability; safety of patient
    JEL Classification: K32
    CONFLICT OF DUAL LOYALTY AND ISSUES OF LIABILITY WHEN PROVIDING HEALTH CARE
        Page 70
  • Lecturer Ileana VOICA
    Abstract:
    The enlargement of the European Union is a sui generis process, which involves internal preparation of the candidate countries, the European Union and accession negotiations as well. The EU enlargement process is based on the desire to create a close relationschip between the European countries in a common economic and political project. Guided by tha values of the European Union and subject to strict conditions, the enlargement proved to be one of the most effective tools for promoting political, economic and social reforms and to strengthen pceace, stability and democracy across the continent. A controversial topic in the last period is Turkey’s accession to the European Union. Turkey’s European ambitions date back to the 1963 Ankara Agreements, although it has formally submitted the membership application in 1987. Following the Helsinki European Council of 10 – 11 December 1999, accession negotiations between the EU and Romania, Latvia, Lithuania, Slovakia, Malta and Bulgaria started on 15 February 2000. Regarding the accession negotiations with Turkey, il was considered that this country does not meet, at this stage, the criteria set by the Copenhagen European Council on the rule of law, democracy and human rights. For Turkey, an Accession Partnership was adopted on 8 March 2001. Currently, Turkey is far from concluding the process of joining the European Union. However, Turkey is a state that can no longer be ignored by anyone in the world politics, being remarked by the infrastructure projects, the developed tourism, the steady economic growth and, last but not least, by the impressive military power, being the second NATO army. Given that, in the framework of the enlargement process, both the candidate states and the old members must be prepared for integration and cohabitation as well as the negative opinion on the Turkish membership of the influential states, such as Germany and France, it remains to be seen whether Turkey will succeed in joining the 28 states.
    Key words: Accession, Enlargement Process, Politics, Candidate Countries, European Values
    JEL Classification: K33
    TURKEY’S ACCESSION TO THE EUROPEAN UNION – PRESENT OR PERSPECTIVES?
        Page 77
  • Lawyer Ulsi MANJA
    Abstract:
    Albania's natural environment and resources are vital to its economic success and the health and well-being of its citizens. Environmental crime threatens resources on which it is heavily dependent on the pillars of the Albanian economy and acts as a major obstacle and obstacle as Albania moves towards an efficient economy with resources, employment and safe growth. The greatest challenges in today's environment do not conspire in natural disasters, but in the grave, immoral and inexperienced behavior of man to the environment and its elements. Impotence is another important element of this story that is killing us every day, though it does not seem to touch us with any expected tree, no bird that no longer has to stand, no fish that took the river's river hydroelectric power plant.... Inspection in particular, is an important part of environmental protection, because in my view it is the key to everything, based on the ever-popular popular expression "fear preserves the vineyard". The impotence of environmental crime is one of the most important advantages and methods for preserving environmental elements. Inspection in the entirety of many advantages in other instrument reports as a previously studied, well-defined, non-corroborated inspection is efficient both for the environment and economic efficiency, as it affects the ability to increase revenue publicity, transparency, flexibility, etc. Inspection today is considered to be the only pathway that affects law enforcement by all actors set out in it. It is the only tool that, having the authority to take administrative or criminal measures, directly affects the work and life of the objects subject to inspection. In this context, inspection has been successfully used to address a wide range of environmental crime, including waste disposal, water pollution and air emissions.
    Key words: environment, environmental crime, inspection.
    JEL Classification:K32
    PROTECTION OF PUBLIC INTEREST GUARANTEED BY ENVIRONMENTAL INSPECTION AND RELEVANT INSTITUTIONS
        Page 84
  • PhD. student Mihai-Adrian DAMIAN
    Abstract:
    If the tutor is the central figure of the tutelage, in order to control and supervise the tutelage function, there is an another mechanism intervenes - the Family Council. The Family Council was governed by the 1864 Romanian Civil Code under the influence of the Napoleon Code and was the supreme body of tutelage. Currently, this legal institution is reintroduced into the New Civil Code and regains its regulation in Article 124-132.
    Key words: family council, Civil Code, guardianship, minor, capacity of exercise
    JEL Classification:K36
    RULES ON THE ESTABLISHMENT OF THE FAMILY COUNCIL IN ROMANIA
        Page 91
  • Lecturer Nicolae MĂRGĂRIT
    Abstract:
    The article analyses some aspects related to witness statements, with regard to the actual tactics of hearing witnesses and the hearing of child witnesses. Judicial practice has well shown that giving evidence is the most important phase in the course of the activity carried out by judicial bodies, being the way for determining the facts, for finding the truth in the case referred for settlement. Giving the evidence in a correct and complete way, the value of the administered evidence and its correct and lawful evaluation are decisive for the judicial bodies to come to an intimate belief with regard to the factual reality on which the solution they pronounce should be based, the lawfulness itself of court rulings and other solutions given by the judicial bodies being dependant on these elements. In order to obtain the evidence and make the most of it in a criminal trial, legal activities or operations are necessary to discover it and to present it in a form which is perceptible for the judicial bodies, an aspect which is accomplished by legal means of evidence. Criminal doctrine and judicial practice alike have determined that for finding the truth in a criminal trial, besides the statements made by the suspect or the accused, the statements of the other parties in the trial have an appreciable contribution too. In this context, the contribution of Criminalistics – the science of crime investigation – to establishing the facts in a criminal trial is especially noticeable with the conclusions of forensic examinations and findings. The study put forward reveals some aspects of criminalistics tactics related to witness hearing in a criminal trial, as well as that the result of the investigation depends on how the activity of witness hearing is prepared and the compliance with all procedural rules. At the same time, as Criminalistics supports the witness hearing activity, it develops a particular tactical hearing procedure, starting precisely from the psychology of witnesses, because the tactical procedure is nothing but the reflection of a particular form of manifestation of the witness, of a particular lawfulness or psychological peculiarities. As regards the research methodology, the logical method and the quantitative method have been used.
    Key words: criminalistics tactics, witness hearing, hearing of child witnesses, the judicial bodies, criminal trial, crime investigation.
    JEL Classification: K14
    ASPECTS OF CRIMINALISTICS TACTICS RELATED TO WITNESS HEARING
        Page 97
  • Assistant professor Banu Bilge SARIHAN
    Abstract:
    The concept of alimony; the dictionary defines as, the whole of what is needed to make a living; as the legal sense is defined as connected with one month to one court decision that obliged to provide for. Family members of a moral rule, first of all to help each other. This moral without often any coercion parties in the framework adapts to this rule, but in this case the legislator for the processing always smoothly, has made it a statutory duty by going to road regulations to help each other for certain family members. Assistance in the form of alimony and child support maintenance can be divided into two main groups. Support resulting from family law, commonly referred to as maintenance support. Maintenance alimony; temporary alimony, child maintenance and poverty alimony. The care and upbringing of children in the marital union is entitled to custody of the mother and father in the framework. Mother and father use custody together. Custody of minors and adult children must sometimes restricted to persons, about paying attention to both the goods and to represent them as a whole of the rights and obligations of the law have been installed on the parents. Common life of the spouses or by court order issued at the end of separation has occurred judge may give custody to one of the spouses. side with custody of children have been left to him is obliged to look after and educate them. However, not given custody of his side, must participate in their child's care and education expenses amount to be determined by the judge according to financial strength. Associates alimony, separation or nullity or divorce, child custody as a result of which he had left his wife, child care and the financial strength to participate in the rate training expenses. Associates alimony, not a liability connected to custody, is a natural consequence of being parents. Because spouses are obliged to take care of children's care and upbringing. Child maintenance is required and even necessary foundation for child protection. In our study, it brought to mind the child's interests and the concept of an institution concerning child maintenance of public order, in case of dissolution of the family and protection of children should be judged within the framework of legal regulations concerning.
    Key words: maintenance alimony; temporary alimony, child maintenance, poverty alimony
    JEL Classification: K15, K36
    CHILD MAINTENANCE IN TURKISH LAW
        Page 101
  • Professor Vlad BARBU
    Abstract:
    Objectives of the study: the study aims to analyze public policies regarding people with disabilities. The research methods used are the qualitative research method and the observation method. Results and implications of the study: children, and as they continue to become adults, in the short term, in order to diminish suicide attempts, they must be monitored so that the traceability of the integration of persons with disabilities can be determined from the moment of their institutionalization. In the long run, these people with disabilities will integrate and from sustained people will become supporters of social health, unemployment and pension insurance institutions, relevant to the change process.
    Key words: institutionalization of children, social center, medical center, legal representative, guardian, placement.
    JEL Classification:K23
    PUBLIC POLICIES REGARDING PERSONS WITH DISABILITIES     Page 112
  • MSc. Noémia BESSA VILELA; PhD. José CARAMELO GOMES
    Abstract:
    Competition is a public good that supports the proper functioning of the market economy and democracy itself. Competition is the priority public good in a market economy since only through it can the goal of efficiency of affectation and well-being be achieved. It is necessary to assess, in terms of their impact on the wellbeing of citizens in general, those that are consumers, as well as the impact of competition on preservation and self-preservation of companies. The behavior of economic agents, which we will mainly address as violators of competition law, has a large impact on the private sphere of citizens and other companies. From immemorial times, this reality has been, at least, intuitive and its function attributed to the Law. Unlawful competition may, from a legal point of view, invest distinct types, as becomes evident from a geographical and temporal comparison. In our study we address the evolution of the Competition law in Portugal throughout he years, and its implications. We conclude that the non-criminalization of acts that violate the provisions of Competition Law promotes a repetition, as reiterated behavior, since these are highly profitable actions, even in the case of very high pecuniary sanctions.
    Key words: competition law; Portugal; economy; crime; misdemeanor
    JEL Classification:K22
    THE LAW OF COMPETITION - A CRIME OR A MERE MISDEMEANOR?
        Page 117
  • Professor Mihaela ONOFREI; Lecturer Sandra GRĂDINARU
    Abstract:
    Present paper aims to analyze the situation of a medic, civil servant in the exercise of his duties, who is compelled to ask the patient to pay the provided medical services from his own funds. The economic and social context of Romania over the last ten years, along with Romania's entry into the economic crisis, has led to drastic austerity measures. A major area that has been affected was the medical field in which patients were faced with two situations. On the one hand, in order to benefit from medical services, reimbursed by the Romanian state, they had to be included on waiting lists, and on the other hand, they had the possibility to sign a sponsorship contract with the medical unit and to pay out of their own funds the medical services they were receiving. Thus, as many people have opted for the sponsorship contract, this situation has come to the attention of anticorruption prosecutors who have considered that signing of a sponsorship contract is a disguised form of bribery of the medic. In the context of the fight against corruption, prosecutors investigated whether the constitutive elements of the bribery offense were met in these conditions. The present study follows the arguments used by lawyers to prove that signing a sponsorship contract between a patient and the medical unit not only cannot have criminal connotations but the most important that the criminal responsibility of the physician involved cannot be attributed.
    Key words: bribery, medic, public servant, sponsorship, contract, external finances.
    JEL Classification:K14
    THE BORDER BETWEEN BRIBERY AND SPONSORSHIP OF A MEDICPUBLIC SERVANT, IN THE EXERCISE OF HIS DUTIES
        Page 128
  • Lecturer Ovidiu-Horia MAICAN
    Abstract:
    The US Supreme Court and the European Court of Justice are coordinating constitutional review. Although the European Union does not have a constitution, the European Court often engages in what functionally amounts to constitutional review, particularly in relation to the quasi-federal structure of the EU. Both courts have engaged in the constitutionalization of politics and seem in risk of politicizing the constitution. The threats to their respective powers and legitimacy are different. The US Supreme Court is vulnerable to internal forces (the President, Congress, national public opinion) whereas the European Court is vulnerable to external forces (the member states and, in particular, theirs constitutional courts).
    Key words: United States of America, Supreme Court of Justice, European Union, European Court of Justice
    JEL Classification:K33, K40.
    USA SUPREME COURT OF JUSTICE AND EUROPEAN COURT OF JUSTICE (COMPARISON)
        Page 136
  • Msc. Migena SHEHU
    Abstract:
    The overthrow of the communist regime in the late 1980s and early 90s brought about fundamental transformations in political, social, economic and other aspects of Albanian society. Albania was divided with a political-social system and entered the path of democracy, which was accompanied by deep repercussions on its developments in domestic politics, but also in its international relations and foreign policy. Focusing on its foreign policy, it should be said that the collapse of powerful political and ideological barriers would encourage important and interesting developments in many ways. Albania's foreign policy would gain new orientations and, consequently, Western inspirations, with clear goals for accelerated integration into Euro-Atlantic structures. In serving this platform, the definition and development of rational relations in the bilateral, but especially multilateral, the plan would become more effective. The elaboration and pursuit of a clear and useful foreign policy in relations with international organizations was a substantial component of the general platform of Albanian governments after the 90s of the century that we left behind.
    Key words:policy, development, integration, international organizations.
    JEL Classification:K33
    INTERNATIONAL ORGANIZATIONS AND ALBANIA
        Page 142
  • Lecturer Ștefania Cristina MIRICĂ; Associate professor Andreea Elena MATIC
    Abstract:
    In this article, we intend to analyse the provisions of the code of ethics in pre- university education in order to identify the effective ways in which this normative act will contribute to the improvement of the Romanian education and how the children will continue to benefit of the absolutely necessary right to an adequate education, meant to prepare them for a decent life as adults, in Romania and anywhere else would choose to live. The Romanian Constitution establishes, in Article 32, the child's right to an education, the first provision referring to mandatory education. Thus, to a certain extent and level, in any civilized state, children must receive free education. Romanian pre-university education is currently facing several problems: the drop in birth rate, which results in a small number of children in schools, drop-out at a young age, a lower number of teachers, etc. From our point of view, a major problem of Romanian educational system refers to the low respect of children towards school, teaching and teachers, the main causes of this situation, probably consisting of material shortages and the departure of parents abroad in order to be able to support the family and leaving children without proper moral and emotional support. The new draft of the code of ethics for pre-university teachers intends to enrich the Romanian legislation with another code of ethics and also, it tries to solve, at least in part, some of the Romanian' educational system problems.
    Key words: professional deontology, code of ethics, right to education, human rights and fundamental freedoms, administrative law.
    JEL Classification:K10, K23
    THE CONTRIBUTION OF DEONTOLOGICAL RULES TO THE EFFICIENT EXERCISE OF THE RIGHT TO EDUCATION
        Page 147
  • Professor Berrin AKBULUT
    Abstract:
    According to Turkish Law, only natural persons can be counted as perpetrators. Due to their characteristics, legal entities cannot directly commit crimes and cannot be perpetrators. Nevertheless, the criminal liability of the legal entities due to the actions of the persons who act on behalf of legal entities had been a hot topic until the Turkish Penal Code no 5237 came into force. Provisions about the legal entities’ criminal liability in several penal codes other than the abovementioned Turkish Penal Code were another matter of the debates. Further, the Constitutional Court of Turkey held that legal entities’ criminal responsibility was not unconstitutional. In the Code No 5237 that came into force on the 1st of June, 2005; it was explicitly stated that legal entities cannot be imposed with penal sanctions. Since criminal responsibility is personal, the legal entities, which do not have any ability to commit an offence, cannot be punished due to the actions of persons who act on behalf of legal entities. In other respects, according to article 20 of the Turkish Penal Code, security measures can be applied to legal entities whereas penal sanctions cannot be applied. By Turkish Penal Code Art 20, provisions regarding legal entities’ criminal responsibility in other penal codes were repealed. However, it is hard to claim that the debate regarding criminal responsibility of legal entities is over for the doctrine. The security measures to be imposed on legal entities are prescribed in Art 60 of the Turkish Penal Code. Security measures to be imposed within Art 60 are following: Cancellation of permit and confiscation. In this paper, the conditions for legal entities’ security measure responsibility; the debates in this regard and the provisions made will be examined.
    Key words: legal entities, confiscation, cancellation of permit, security measure, criminal responsibility.
    JEL Classification:K14
    CRIMINAL LAW RESPONSIBILITY OF LEGAL ENTITIES IN TURKEY
        Page 154
  • Lecturer Simona CHIRICA
    Abstract:
    Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) - GDPR will become applicable beginning with 25.05.2018. As a general characteristic, the regulations adopted at EU level, have direct applicability in all EU member states, and they are automatically integrated in the national legislation beginning with entry into force. Therefore, as of 25.05.2018, the GDPR provisions will be applicable and mandatory for all natural and legal persons that process personal data, including in Romania. Based on the above, GDPR brings a series of changes affecting all the involved parties (data subjects, data controllers, supervisory authorities). This article aims to present an analysis of the main novelties brought by the new regulation, and to present a comparison with the current regulation together with the practical implications of these changes in relation to the data subjects, data controllers, and supervisory authorities.
    Key words: Regulation (EU) 2016/679, General Data Protection, personal data security, supervisory authorities.
    JEL Classification:K23, K24, K33.
    THE MAIN NOVELTIES AND IMPLICATIONS OF THE NEW GENERAL DATA PROTECTION REGULATION
        Page 159