EIRP Proceedings

from January 2009
Last Number: January 2014

Danubius University of Galati
ISSN 2069 – 9344


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Nbr. 9, January 2014

Legal Sciences

Equity - Connotations in the Current Romanian Legal System

The underlying principle of the law, and a source of law - equity - has been expressly or explicitly integrated in the judicial development of law, with a view to giving a meaning to the law, for which reason it is aimed at peacefully solving or preventing the social disputes in society. Therefore, equity has a hermeneutic function, strictly for making interpretations when the legislator so allows it, it is intrinsic to the law and contains all phases of good management and enforcement of jus...

Short analysis of the essential elements of the typical employment contract and of its importance in maintaining it within the current social and economic context

Nowadays, the typical individual employment contract is the main source of individual legal labor relations, but is important to find the road of this instrument in the future. It is a result of the fact that labor market dynamics should be reflected in the new meanings of rights and obligations of the parties, which cannot be covered by legal acts, with their general and impersonal character. The purpose of the legal work relationship is a special one, connected to the personality of human b...

The Legal Regime of the Right to Administrate Public Property

The traditional institutions for administrative law, public property and the public domain have been the subject of numerous specialized papers from the interwar period. After 1990, the two institutions were discussed in light of the new legislative rules. Within this article we propose to analyze, based on the distinction between the notions of public property and public domain, the legal regime of the right to administrate assets of public property. Is this a real right appropriate for publ...

The Legal Regime of Public Procurement Contracts

Within this paper we resume a topic widely debated in the specialized literature and always topical, by the implications that it has on the development of public administration and satisfying the general interests. The changes brought to the special legislation led, by identifying certain features, in determining the legal nature of the procurement contract, i.e. the administrative contract. In Romania, this notion is not fully established, although it is recognized by most of doctrinaires. I...

The Transfer of State Sovereignty: Analysis of Constitutional Change in Macedonia during the EU Accession Process

This paper will focus on the need for constitutional changes, and what states must do as a result of their accession to the European Union (EU), according to the rules for admission. Each country has to decide for itself how to identify or create a constitutional basis for membership, limiting its own sovereignty by authorizing the application of sources of EU law within its own legal system. This means the overall preparation for accession and membership, i.e. a provision permitting the tran...

The Constitutive Content on the Offense of Leaving Post and Working under the Influence of Alcohol or other Substances according to the New Criminal Code

Within the paper it is examined the constitutive content of the offense on leaving post and the presence to work under the influence of alcohol or other substances according to the new criminal code entered into force on 01.02.2014. The novelty consists in the examination performed in the light of the new amendments and completions to the law, and the comparative analysis with the old law, considering the transitional situations involving the more favorable application of the criminal law. Th...

The employer's obligation to inform the successful candidate, namely the employee, on the essential terms of the individual employment contract. National and European normative aspects

In the context of a labor market with normative dimensions in constant evolution, the employee status is quite difficult. In consistence with the principle of protecting employee rights, labor law has imposed new measures that counterbalance the employer?s position of authority within the employment relationship, both at European and national levels. These include the obligation to inform the employee about the essential elements of his working relationship, obligation established at European...

European certificate of succession-necessity or opportunity

This paper aims at analyzing the chosen theme to all intents and purposes, yet emphasizing the extent of harmonization between national rules and EU regulations. The paper is based on the expertise in succession field, national and European notary regulations and also on the few published works within the field. Practical appearances noticed during the succession procedure containing a foreign element and the research in this field of interest were approached. The paper draws attention upon t...

Reflections on the Child Born with Unknown Parents and the Adoption Institution

After reading statistics from the adoption domain we have discovered that, in the recent years, the number of abandoned children in health care facilities has increased, therefore two questions arise: do the changes in adoption favor adopting a child born of unknown parents?; is there a link between the abandonment of children subsequently registered as born from unknown parents and adoption? In this material we will answer to these questions, based on the reality of figures and the interpret...

The Need of the European Public Prosecutor's Office in the Context of Strengthening the Integration

In this research we intend to have an objective analysis on the necessity of establishing within the European Union an institution with the role of tracking, investigating prosecuting criminal cases on union funds fraud. Based on the annual losses estimated to hundreds of millions of euros on which there are suspicions of fraud and the success rate of the prosecutions concerning the offenses against the EU budget, which varies considerably from one Member State to another (while the EU averag...

Elements of Comparative Law on Extended Confiscation

Comparing the special seizure and extended confiscation measures, we consider that Romania, although later than the deadline indicated in the text of article 6, paragraph 3 of Decision 2005/212/JAI, has responded positively to the requirements of harmonization of national legislation with EU legislation. We believe, however, that this regulation on extended seizure has the effect of limiting the requirements of seizure of goods through crime, practically limiting the application of seizure in...

Rights and Restrictions of EU Citizens within the Freedom of Movement of Persons

This Paper aims at presenting the risks and advantages of being a citizen of the European Union Member State/s, with respect to the Freedom of Movement of Persons, with focus on the Principle of Equality and Anti- Discrimination, as enshrined by the Treaties and other incident legislative acts, at first, and then as applied by the European Court of Justice via its established case law. Moreover, the two indicated Principles are quintessential when it comes to the rights pertaining to EU citiz...

Judicial Functions in the Criminal Trial

The separation of judicial functions falls, indisputably, in the news gallery of the Romanian criminal trial current rules. The previous Criminal Procedure Code, namely that of 1968, as well as the older ones, hadn?t enrolled in their content such a principle. However, the doctrine identified, under mentioned legal regulations, the existence of distinct procedural functions and their need to separate, in the idea of genuine criminal justice accomplishment. These procedural functions were: the...

European Union as a Unique Foundation

European Union is not a state and is becoming more than just one intergovernmental actor. Its formal commitment to promote democracy has grown. European Union has had a strong dynamic of its own; the increase in membership potentially helped it to become a more powerful actor. Democracy is a core European Union value and through our analysis we will try to find out how much of this value is promoted by its institutions. The hypothesis that led us to this research was that "European Union is n...

Restriction of Certain Rights and Freedoms in the Romanian Constitution

When we speak of human rights and fundamental freedoms essential to the existence of individuals, the first thing that comes into mind is "what we must do more to protect these rights?", "What to do to for our freedoms not be violated?". For this reason the mere mention of the phrase "the restriction of certain rights and freedoms" makes us rebel against this idea and wonder if it is legally possible that such an event may happen. Thus, in this paper we propose to analyze the possibility and ...

Dignity in Employment - the Protection of a Fundamental Right

The new Criminal Code brought a series of important changes also in respect to those offences that can be committed by employees. Both at the European and at the national level, the concept of dignity in employment suffered transformations. This change of perspective at the national level makes the object of this article. The regulation of sexual harassment in the work place was first introduced in the domestic legislation in 2001, undergoing, since then, a series of modifications which we sh...

Causes of Supporting. Causes of Non-Imputability. Delimitations

The new Criminal Code adopted by Law no. 286/2009, which entered into force on 01.02.2014, introduce regulation supporting causes and causes of non - imputability, unlike the Criminal Code of 1969, as a natural result of the changes the concept offense (art. 15 NCP). Implications knowledge of this concept, which characterizes the essential features of great importance for the activity of judicial enforcement of criminal law, criminal law and for recipients who are subject to its knowledge. Th...

The Restorative Justice System - An Alternative to the Official Criminal System

The victims? discontent regarding the retributive justice system, the failure to achieve the punishment?s goal aiming to decrease the risk to repeat the offence, the increasing role of the victim in the criminal trial, the high cost that the criminal procedures imply, the courts? overload have determined the evolution of the restorative justice ideas. Therefore, the victim received an active role in the process of solving the conflicts submitted to the court, while the offender?s role is to a...

Victim's Rights - Comparative Approach within EU Legislation

Usually is talking about offender rights and rarely about victim's rights. This study aims to analyse victim's rights especially in Romanian legislation from all points of view. Having involuntary fallen victim to crime, the person is often unaware of what information is available. It is therefore important that the onus is not put on the victim to request a certain piece of information. Victims of crimes need to have their important role in the criminal proceedings and he or she has to know ...

Mediation, Mandatory Information and Facultative Applicability

Considering that mediation is a facilitating way to access the alternative solving of litigations in conciliatory terms, the study is encouraging using the mediation and providing a balanced relationship between mediation and judiciary procedures. As an aftermath of summary definition, we can say that role of mediation is to overcome the communicative barriers in order to solve the conflict and save the fact situation on both parts. The study aims to analyze objectively all consequences of bo...

Performance and Risks in the European Economy

Regional Environment Disparities and Europe 2020 Strategy's Goals

The paper deals with the analysis of the environmental goals? viability in Europe 2020 Strategy. The analysis takes into consideration four indicators: total greenhouse gas emissions, share of renewable energy in gross final energy consumption, primary energy consumption and final energy consumption. The analysis is built on three steps: a comparative analysis between the Member States during 2002-2014, followed by regression analysis and a forecast until 2020. The regression analysis and the...

Banking Union- Present Stage and Its Perspectives

Banking Union is very important for financial stability of EU, for preventing any future crisis, for improving corporate governance in the banking sector, for completing the single market for financial services and for the strengthening of monetary union, for opening the way to fiscal union and to political union. There is not enough theoretical research in the field of banking union, but there are many recent contributions on behalf of foreign and Romanian experts and analysts, which refer m...

EU Funding for 2014-2020 - Upcoming Opportunities and Challenges

The new philosophy of community development under the aegis of Europe 2020 strategy requires increased coordination and better interconnection between European financial instruments available for 2014-2020 programming period. The desire of the EU to be cohesive and unitary face a large spectrum of complex and correlated challenges such as: globalization; climate change; technological transformation; aging and demographic change and etcetera. These challenges together with the polyvalence of t...

The impact of external public audit on the budget deficit

Objectives: Public imbalances can cause extensive problems both on public finances and economy. Regardless of the constitution and destination of funds it is absolutely necessary to verify their correct accounting, collection type and expense in accordance with applicable regulations, and if due attention is paid to obtain an optimal balance between resources and results. Therefore it is useful to study the role of public audit in the formation and use of public funds to indicate its impact o...

A Discussion Regarding the Armey Model Validity for Romania

In this paper we analyze whether the Romanian economic context confirms the Armey model, and present the relationship between public spending and economic growth that may offer a suitable basis for decision makers. The analysis is based on quarterly data regarding public spending and economic growth in Romania. The analytic results did not confirm the premises related to the Armey Curve for the Romanian context during 1990-2011. The time interval is marked by unpredictable phenomena such as t...

The Transition and Integration of the Albanian Economy in the EU

The transition and integration of the Albanian economy in the EU constitutes a special valuable experience that would be relevant for the present and future development processes of economic market in general. Albania's experience in this regard carries two salient features in the path of Euro-Atlantic integration. First of all, the transition and economic integration in the EU began from scratch without inheriting any element or experience of the market economy and democratic culture; second...

Social Risk Management on german labour market

Terms such as social policy and labor market policies seem not be very current. Instead, we speak more and more about risk management. Social Risk Management is a concept developed by the Word Bank. It is a tool to transfer management techniques from the operating or finance in the social and labor market policy, to support individuals, households and communities to better manage their risk. Due to poor incentive structures, inadequate insurance policies or control often remain under preventi...

Diagnosis of the Viability of Industrial Companies with Treasury Sensitivity Coefficient

Generally, the firm viability can be defined as the ability to ensure a profitable activity in terms of financial equilibrium. Therefore, estimation of viability can be achieved by determining specific profitability and equilibrium indicators to determine the extent to which the economic surplus released by the company's activity, manages, depending on the particularities of the economic and financial structures set up, to turn into cash. This happens because profitability alone is not suffic...

Utilization of European funds in the Public Administration. Study Case - Galati County Council

The main objectives of this paper are to reveal some aspects regarding European funds? utilization, starting with the comprehension of EU philosophy regarding cohesion policy and emphasizing the important role played by Structural and Cohesion Funds for public administration, especially in times of economic downturn when the financial resources are difficult to access. Prior Work: this work continues prior research carried out for the "European Programs and Projects Management" MA thesis. App...

Paradoxes of Sustainable Development within European Integration

In these days, more and more attention in being paid to environment and ecology protection. Political, social and economic actions are much better seen, when decisions are taken in harmony with the natural environment. People began to realize the importance of the environment, they began to appreciate the actions of those, who do care about, and condemn those who don?t. Sustainable development is defined as "the right to meet the development aspirations of the present generation, without limi...


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