THE PROTECTION OF EMPLOYEES' RIGHTS IN THE EVENT OF TRANSFERS OF ENTERPRISES, OF THEIR UNITS OR PARTS FROM THE PERSPECTIVE OF ROMANIAN AND EUROPEAN UNION'S JURISPRUDENCE

Izabella BOKOR- SZŐCS
 

The paper contains the analysis of the Romanian jurisprudence in correlation with the jurisprudence of the Court of Justice of the European Union in the case of employees' rights in the event of transfers of businesses. Directive 2001/23 / EC was taken over in the Romanian legislation by Law No. 67/2006. In the first part of the paper the author went through the national norm and identified some inconsistencies with the Directive and the case law of the European Court. Then the author analyzed some decisions of the National Court that discussed the issue of employee rights in the case of business transfers, with references to EU law and jurisprudence. Finally, the author presents conclusions and recommendations on the correlation of national case law with that of the EU, followed by references to some legislative measures that could be taken to better implement European rules in this matter.

  • Published on: 7th May, 2021
  • Keywords: Transfer of businesses; Employee rights; Directive 23/2001; National jurisprudence; CJEU jurisprudence;
  • Pages: 7-21
  • Received: 16th February, 2021
  • Final revision and acceptance: 6th May, 2021

THE LEGAL CHARACTER OF DOMAIN NAMES' CYBERSQUATTING

Fahed WAHDANI
 

Since Cyberspace has emerged, a new phenomenon, among other things, has shaped the relationship of the digital community's stakeholders. In this regard, the relationship between the two leading digital community's stakeholders (domain name owners and trademarks' holders) has been described more often than not as unstapled and conflicting relations over potential interests, profits, and commercial dignity of brands. At the early time of the digital revolution, the spider web was a double edge sword on both sides of commercial and legal technical aspects. One of these challenges was domain names’ Cybersquatting. With the absence of legal organizing rules, the main obstacles are present in unclarity of the legal nature of domain names’ Cybersquatting, at least at the early time of Cybersquatting demonstration as legal cases problem.

  • Published on: 12th June, 2021
  • Keywords: Cybersquatting; Domain names; Dilution; Passing off; Unfair competition;
  • Pages: 23-41
  • Received: 13th May, 2021
  • Final revision and acceptance: 11th June, 2021

THE PUBLIC INSTITUTION OF LOBBY IN THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

Adriana Liuba AHCIARLIU KYRIAKIDIS
 

The Treaty of Lisbon comes with considerable gains by recognizing the European Union as a legal personality which must be assumed by all its signatories. The Treaty brings unexpected opportunities for the active involvement of citizens and civil society, through representation, in the European Union’s decision-making process. The compulsory new legal obligation to observe the provisions and values of the Treaty comes with the ex-ante political control tool of national parliaments supplemented with ex-post judicial control. The newly brought opportunities for the civil society to be actively involved in establishing the European Union’s agenda have developed, being backed up by the principle of subsidiarity. It brings provisions on the democratic functioning of the Union by delimiting competences, introducing control procedures and legal obligation for respect of the Charter of Fundamental Rights of the Union. This article is devoted to the identification and subsequent analysis of the Treaty on the Functioning of the European Union towards the permissiveness of lobbying, as a public institution, acting through the principles of participatory democracy.

  • Published on: 12th June, 2021
  • Keywords: Treaty of Lisbon; Subsidiarity; Decision making process; Ex-ante & ex-post control; Participatory democracy; Public Institution of Lobbying;
  • Pages: 43-49
  • Received: 30th April, 2021
  • Final revision and acceptance: 11th June, 2021

THEORETICAL ASPECTS REGARDING CYBER SECURITY IN ROMANIAN PUBLIC INSTITUTIONS

Adrian-Viorel DRAGOMIR, Constantin-Adrian BLANARU
 

Technology has become more complex as the years have passed, being present in almost every activity of modern society, including government institutions, where the trend is the digitization of processes, especially those representing services to the population. Recent technological progress has increased exponentially in terms of processing power and memory capacity, and the world has started to need mobility, which has led to the need for fast, small-scale, light-weight, cheap and easier-to-use ICT equipment. The IT industry and the communications industry have become increasingly close to market requirements until they have formed a combined, multidisciplinary sector called Information and Communication Technology in specialized terminology. Technology opens up new opportunities, with new products and services that can be an integral part of the activities of public institutions, to meet the urgent need for digitalization in this field. With the digitization process, the risk of being a victim of a form of cybercrime increases exponentially, and the social and economic impact of these phenomena is becoming increasingly important. Thus, most states have focused their efforts on strengthening cybersecurity and digital autonomy in these critical times, Romania being one of them.

  • Published on: 19th June, 2021
  • Keywords: Cyber-security; Strategy; Implementation; Cyber-treats; Information technology; Resilience;
  • Pages: 51-56
  • Received: 6th May, 2021
  • Final revision and acceptance: 18th June, 2021

GLOBAL CHALLENGES ON THE WELFARE STATES; THE COVID-19 CRISIS

Narmin BAGHIRZADE
 

Welfare states are tools dealing with risk-sharing, not only involving everyday risks but also risks related to major global events. Nowadays the global economy is experiencing one of the biggest crises – the Covid-19 crisis. While affecting millions of lives, the pandemic could change attitudes associated with economic, political, and social points of view. The welfare state and its efficiency have been brought to the table with this major historical event. The economic impacts of the Covid-19 crisis and how the approaches toward welfare states were changed will be analyzed in this paper.

  • Published on: 8th July, 2021
  • Keywords: Welfare stat; Pandemic;
  • Pages: 57-65
  • Received: 15th May, 2021
  • Final revision and acceptance: 7th July, 2021

THE PEDIATRIC PATIENT - THE RIGHT TO HEALTH

Heidrun ADUMITRĂCHIOAIEI, Alina-Costina LUCA
 

The pediatric patient represents a group of vulnerable patients from several points of view, for this reason the UN (United Nations Organization) and UNICEF (United Nations Children's Fund) carefully analyze and support the rights of the child, the right to health is essential for a good development of future adults. Health status is determined by genetic factors and environmental factors – socioeconomic, geographic and cultural. In 2019, 30 years have passed since the Convention on the Rights of the Child, therefore we consider it useful to bring to the fore the essential right of the child to health.

  • Published on: 8th July, 2021
  • Keywords: Children`s right; Pediatry;
  • Pages: 67-70
  • Received: 29th May, 2021
  • Final revision and acceptance: 7th July, 2021

MALPRAXISUL MEDICAL – INTRE DREPT SI OMUL DIN SPATELE HALATULUI

Heidrun ADUMITRĂCHIOAIEI, Alina-Costina LUCA
 

Sir William Blackstone introduce termenul de “Mala Praxis” in anul 1765, acest cuvant prinde contru si defineste malpraxisului de azi.In articolul 642 din legea 95/2006 din reforma sanatatii, descrie malpraxisul ca fiind orice eroare profesionala savarsita in exercitarea actului medical sau medico-farmaceutic, care geenreaza o actiune prejudiciara asupra pacientului, cu raspunderea civila a personalului medical sau al furnizorului de servicii si produse medicale.Criza malpraxisului din anii 1970 da nastere medicinii defensive, abordare medicala bazata pe investigatii suplimentare, din teama de a evita cazurile de malpraxis. Astfel medicinia defensive creste riscul erorilor medicale. Lipsa modernizarii unitatilor medicale, in special din zonele rurale si deficitul medical din anumite zone si specialitati sunt de asemenea factori care pot contribui la aparitia erorilor medicale. Consideram ca este necesara o reforma a legii malpraxisului pentru imbunatatirea actului medical si cresterea respectului personalului medical.

  • Published on: 8th July, 2021
  • Keywords: Malpraxis; Personal deficitar; Preventie; Sănătate;
  • Pages: 71-73
  • Received: 29th May, 2021
  • Final revision and acceptance: 7th July, 2021