Table of Contents
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- Lecturer Anamaria GROZA
The Nature of Legal Acts Issued under Law No. 206/2004 on Good Conduct in Scientific Research, Technological Development and Innovation: From Administrative Litigation to Labor Law DisputesAbstract:Law no. 206/2004 regulates the principles and procedures in the field of ethics in scientific research, technological development and innovation activities, as well as the sanctions that may be applied to persons in case of breach of the rules of good conduct. The competence for the administrative settlement of an alleged act falling under Law no. 206/2004 lies with the institutions that are part of the national research-development (R&D) system, the units and/or institutions that conduct R&D programs, as well as the units that ensure the exploitation of the results, and the National Ethics Council. In judicial practice, the problem of the material jurisdiction of the courts in the case of challenging acts issued by these institutions/authorities has been raised. Through the jurisdiction rules issued, the Court of Cassation has established the jurisdiction of the administrative contentious courts when challenging either only decisions issued by the Ethics Council or decisions of this authority. On the other hand, the jurisdiction over legal acts issued only by the employer in application of Law no. 206/2004 has not yet been settled in a uniform manner at the highest court level, with solutions oscillating between administrative contentious and labor law disputes. The aim of the article is to analyze the dividing lines between the two types of court actions, starting from a particular case.
Keywords:administrative act, administrative litigation, disciplinary sanction, employment relationship, employment law disputes.
JEL Classification:K41
Page 4 - Lecturer Mihaela MARICA
Some Theoretical and Practical Elements Concerning the Communication of Disciplinary Decisions. Elements of Comparative LawAbstract:This article discusses some theoretical and practical elements regarding the communication of disciplinary decisions to an employee who is guilty of committing violations of the rules that define the work discipline at the level of the unit. It contains the analysis of two communication perspectives: 1) Communication of the disciplinary sanctioning decision in the terms and under the conditions provided for by art. 252 para. (3) and (4) of the Labor Code and 2) the communication of the disciplinary sanctioning decision by electronic means in the light of the amendments introduced by Government Emergency Ordinance no. 36/2021 on the use of electronic signature in the field of labor relations. Also considered as a reference case is Decision No. 34/2016 of the High Court of Cassation and Justice with reference to the possibility of communicating dismissal decisions by electronic mail in order to distinguish what the legal hypotheses in this regard are in practice. In order to better understand the legislative optics regarding the communication of disciplinary decisions, some elements of comparative law are given as an example, with reference to countries such as Georgia and Austria.
Keywords: disciplinary liability, dismissal, gross breach of labor discipline, labor law.
JEL Classification:K31
Page 14 - Lecturer Raluca Laura Dornean PĂUNESCU
Brief Considerations on Perfecting and Super-Specialization in Juvenile and Family CasesAbstract:The main objective of the pending study is to highlight the fact that legal assistance and representation carried out by lawyers, as conventional representatives of litigants, in the field of family law is a stressful activity, both from a legal perspective and especially from a psychological perspective. Neither in law school, nor during continuing professional training, does the lawyer learn how to manage social phenomena and particular emotional situations, respectively how to approach a case without emotional involvement, in a detached, purely legal way. Specifically, the author discovers that undoubtedly, individual interdisciplinary studies in the field of couple psychology, respectively child psychology, are beneficial in the assumption of taking over files in which the status quo changes day by day, hour by hour, minute by minute and involves a situation that generates emotions and feelings, not just facts or legal acts. In the same sense, the author observes that, of course, emotions, rational or not, are very important for the litigant seeking support, and ignoring them or expressing biases would lead to the loss of trust in the lawyer. On the other hand, most of the time, the lawyer is asked to transform into a psychologist, to offer therapy as well, not just legal consultation/assistance and legal representation. The research methods to achieve the proposed objectives are varied, taking into account the comparative method, interdisciplinary aspects between administrative law and civil law are exposed, respectively the judicial organization, the logical method, which tends to outline a more rigorous legislative exposition, the critical method, with the purpose of presenting the current legislative deficiencies, as well as the systemic method, which tends to the possibility of bringing scientific research a cardinal importance. The results and implications of the study will be major from the perspective of law enforcement and the interpretation of legal provisions, since in corollary, de lege ferenda proposals will be expressed to include interdisciplinary discussion and courses sessions within the continuous training of lawyers – indispensable partners of the act of justice, active in Family Law cases, with sociologists, psychologists, anthropologists and other professionals involved in family relation, with the major involvement of the assimilated administrative authority, the National Union of Romanian Bar Associations.
Keywords: super-specialization, lawyers, emotions, family law cases, family law, couple psychology, child psychology.
JEL Classification:K15, K41
Page 21 - Lecturer Adriana MOȚATU
The Legislative Framework Corresponding to the Free Movement of Capital and Payments in the European UnionAbstract:The liberalization of the movement of capital had to be achieved progressively, the member states were obliged to remove the restrictions to the extent necessary for the proper functioning of the Common Market. Full freedom of capital transactions was established in the first stage of the Economic and Monetary Union, to be later enshrined by the Maastricht Treaty. The principle of free movement of capital and payments does not require the adoption of additional regulations at the national level, being therefore directly applicable in the member countries.
Keywords: liberalization, capital, payments, member states, transactions, Common Market, internal market, single market.
JEL Classification:K22, K33
Page 40 -
Terrorism - Methods, Types of Terrorist Activities and Trends in the Development of Modern TerrorismAbstract:The article brings to attention the key elements that define terrorism, but also the main types of terrorist activities that are common today, the use of violence or the threat of violence, political, ideological or social goals, the intentional targeting of the civilian population, the unpredictability and unjustified nature of the violence, the creation of panic and fear for political purposes. Trends characteristic of modern terrorist organizations are identified, for example, the active use of information and psychological measures, the geographical extension of the spread of terrorism, the increase in the level of terrorist organization (the creation of global and regional terrorist centers), which should be taken into account at the initial stage of an investigation.
Keywords: terrorism, terrorist, terrorist organizations, violence, fear, panic.
JEL Classification:K14, K33
Page 49 - Lecturer Ovidiu-Horia MAICAN
Financial Prosecution Office in FranceAbstract:The fight against corrupted practices, especially as regards foreign agents, has been the focus of renewed international efforts especially since the signature and ratification of the OECD convention in 1997 and the United Nations convention in 2003. In the last decade, the French landscape and legal framework in the fight against corruption have significantly changed, in an effort to improve its capacity to detect, deter, prevent and sanction corruption in both the private and public spheres. The penal code defines crimes and misdemeanors as “integrity violations” in public activities.It includes bribery (the act of asking or receiving a favor from a public official in exchange for an act performed within the scope of his public duties), extortion (the fact that a public official can receive income from taxes or public contributions), embezzlement or misappropriation of funds (using by the public official of public funds, for a purpose other than the intended one) - illicit appropriation of interests or prise illégale d'interêts (the fact that a public official obtains advantages in a company or operation over which he exercises direction, direction or control) and favoritism (the fact that a public official grants a favor in violation of public procurement regulations). The French anti-corruption and fraud strategy has been updated to promote integrity and prevent corruption, with two important legal rules. First is the law on transparency in public life (11 October 2013). The law reaffirms the principles of dignity, integrity and impartiality which apply to public officials (first and foremost the elective executive authorities) as well as civil servants. To prevent conflicts of interest, it creates a general obligation to report and actively avoid conflicts of interest. In addition, members of government (executive power) and elected officials such as deputies or mayors must complete public declarations of assets and interests (including in the context of extra-professional activities). The law creates a protection mechanism for “whistleblowers”. The second is the law relating to transparency, the fight against corruption and the modernization of the economy (December 9, 2016). It is created by the “French Anti-Corruption Authority (AFA)”, a new administrative unit for the prevention and detection of corruption. The law also creates a new offense of active bribery of a foreign public official. In the private sector, it broadens the approach to sanctioning economic delinquency by defining new faults for a company (compliance obligation).
Keywords: France, corruption, Financial Prosecution Office, cooperation.
JEL Classification:K33
Page 64 - PhD. student Triumf SADIKAJ
‘Vetting in Kosovo’. A Two-Dimensional Perspective and Missing CriteriaAbstract:In this paper, the objective is to explore the concept of vetting in Kosovo as a crucial aspect of the justice system reform. The research delves into the historical background of the justice system in Kosovo, the previous vetting process conducted in 2009, and the current challenges in implementing a comprehensive vetting system. The study utilizes a qualitative research method, analyzing governmental reports, international assessments, and legal literature on transitional justice. The results highlight the deficiencies of past vetting processes, the ambiguities in the current vetting initiative, and the lack of clear structural parameters. The implications of the study suggest that a successful vetting process in Kosovo requires clear targets, criteria, sanctions, design, scope, schedule, rationality, and coherence to establish trust in institutional justice and ensure impartiality. Addressing these parameters is crucial for the effective transformation of the justice system in Kosovo on a comprehensive level.
Keywords: vetting, reform, challenge, human right.
JEL Classification:K10, K20, K40
Page 79 - PhD. student Maruf Mohammad Sirajum MONIR
Impact of Comprehensive Examination and Administrative Values of Government Intervention on Student Intentions Towards Social EntrepreneurshipAbstract:This quantitative study examines the impact of comprehensive examinations and administrative values embedded in government interventions on the intentions of Indian college students to engage in social entrepreneurship (SE). Drawing on a dataset of 150 students, this analysis employs statistical tools in SPSS to investigate the influence of variables such as moral obligation, social support, empathy, role efficacy, social influence, and educational attainment on students’ entrepreneurial intentions. The study rigorously assesses the role of comprehensive examinations in measuring and potentially augmenting students’ preparedness for SE. Furthermore, it scrutinises how administrative values, indicative of governmental priorities and backing for SE, configure the educational milieu and student motivations. Initial results reveal that empathy, self-efficacy, and educational level significantly predict SE intentions. Nonetheless, the impacts of comprehensive examinations and administrative policies provide a broader perspective on the systemic supports essential for cultivating social entrepreneurs in the Indian context. This research contributes to academic discourse by delineating the multifaceted influences of educational evaluations and government interventions on student intentions in social entrepreneurship. The findings are crucial for educators and policy-makers who aim to design educational frameworks and policies that effectively nurture the development of future social entrepreneurs, thereby advancing societal well-being. The study underscores the necessity for strategic alignment between educational content, assessment methodologies, and government policies to optimize the fostering of social entrepreneurship within educational institutions.
Keywords: social entrepreneurship (SE); students; moral duty; empathy; self-efficacy; educational government intervention.
JEL Classification:L31, O31, O35, O38
Page 86 - Lecturer Lucian-Sorin STĂNESCU
A Proposed Genealogy of the Theory of Social Roles as the Basis of Legal Responsibility and Liability in the Work of H.L.A. HartAbstract:At the confluence of several social sciences, such as sociology, anthropology and psychology, and at the intersection of human intrapsychic life and its social life, the category of "social roles" is the subject of analysis in all these sciences and is used to explain many correlative concepts that are meant to explain people's attitudes and actions in society, as well as the creation of social structures and society itself. The English philosopher H.L.A. Hart is responsible for the penetration of this multi-purpose category into the world of law, and he gave it the status of the basis of legal responsibility and liability. So far, Australian Professor Peter Cane's exegesis has explained H.L.A Hart's theory of social roles as the basis of legal responsibility and liability through the authority relations implied by these roles. The present study proposes a new interpretation of this concept, which could have revolutionary implications for the general theory of liability and legal responsibility, if validated, through Talcott Parsons' sociological concept, by following the rigid structure of legal responsibility. The methodology of the study involves comparing Peter Cane's theory with the interpretation of social role theory as a basis for legal responsibility and liability through Talcott Parsons' sociological conception.
Keywords: social roles, authority relations, responsibility, legal accountability, H.L.A. Hart, Talcott Parsons, Peter Cane.
JEL Classification:K41, K42
Page 98 - Associate professor Kolë KRASNIQI; Professor Azem HAJDARI
The Influence of Foreign Islamic Organizations on Islamic Radicalism in the Countries of the Western BalkansAbstract:The ethnic, religious, and strategic influences and interests of the great powers had always intersected in the territory of the Western Balkans. This political and religious turmoil as well as the impacts of geostrategic interests had a major impact on the region so that different cultures, churches, and beliefs, which competed and sometimes also conflicted with each other, had been developing over the course of the last centuries. Irrespectively of the religious and ethnic diversity, the peoples in the Western Balkans customarily endeavored to extend tolerance and understanding to members of other ethnic and religious communities. Unfortunately, ethnic as well as religious tolerance have increasingly come under attack since the breakdown of the Yugoslav state and particularly, since the outbreak of civil war in Bosnia-Hercegovina in 1992, though. This development extended to almost all the countries of the entire Western Balkans. Especially during the civil war in Bosnia-Hercegovina, some organizations financing terrorism invested hundreds of millions of dollars in order to propagate a radical religious ideology and to create incentives for hatred and different conflicts motivated by religion in all the countries of the Western Balkans populated by Muslims. Endeavors by certain Russian circles to fuel Islamist radicalization, radicalism, and extremism in the countries of the Western Balkans have likewise been observed during recent years.
Keywords: extremism, radicalism, radicalization, Islamism, Western Balkans.
JEL Classification:Z18, Z28
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