Pub Date : 1900-01-01DOI: 10.51865/jetc.2022.01.08
D. Rădulescu
The substantiation of the concept of non-discrimination was initially made in relation to the recognition of the principle of equality, being established certain criteria that constituted a hard core of the regulations necessary to achieve protection. The national states have regulated in this matter by establishing in national legislation specific rules, initially found at the constitutional level, in the legal labor relations determining equal access to the labor supply. Subsequently, under the influence of interpretations of case law, the rules of non-discrimination were found at the level of organic laws, as a way for national courts to respond to solutions issued by European courts.
{"title":"Legitimate differential treatment in labor relations","authors":"D. Rădulescu","doi":"10.51865/jetc.2022.01.08","DOIUrl":"https://doi.org/10.51865/jetc.2022.01.08","url":null,"abstract":"The substantiation of the concept of non-discrimination was initially made in relation to the recognition of the principle of equality, being established certain criteria that constituted a hard core of the regulations necessary to achieve protection. The national states have regulated in this matter by establishing in national legislation specific rules, initially found at the constitutional level, in the legal labor relations determining equal access to the labor supply. Subsequently, under the influence of interpretations of case law, the rules of non-discrimination were found at the level of organic laws, as a way for national courts to respond to solutions issued by European courts.","PeriodicalId":149715,"journal":{"name":"Jus et Civitas – A Journal of Social and Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129539612","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}
Pub Date : 1900-01-01DOI: 10.51865/jetc.2022.01.09
Delia-Mihaela Marinescu
The prescription of criminal liability presupposes the extinction of the criminal legal relationship appeared as a result of committing a crime due to the fact that it was not committed within a certain term established by law, which affects and empties the idea of criminal repression and prevention. The main objective of this research is related to the exposure of the effects of the Decision of the Constitutional Court no. 358/2022 with reference to Decision no. 297/2018 by which the phrase “by fulfilling any procedural act in question” from the content of art. 155, paragraph 1 of the Criminal Code, especially from the perspective of multiple issues that may be defended in practice, which also determines the possibility of the existence of a judicial error. The article analyses the content of the two decisions of the Constitutional Court, but also their implications identified in the practice of the courts, taking into account the importance of respecting the principle of legality, but also the observance of the rights of the parties in a criminal trial.
{"title":"The effects of the decision of the Constitutional Court no 358/2022 on court decisions. Application of judicial error","authors":"Delia-Mihaela Marinescu","doi":"10.51865/jetc.2022.01.09","DOIUrl":"https://doi.org/10.51865/jetc.2022.01.09","url":null,"abstract":"The prescription of criminal liability presupposes the extinction of the criminal legal relationship appeared as a result of committing a crime due to the fact that it was not committed within a certain term established by law, which affects and empties the idea of criminal repression and prevention. The main objective of this research is related to the exposure of the effects of the Decision of the Constitutional Court no. 358/2022 with reference to Decision no. 297/2018 by which the phrase “by fulfilling any procedural act in question” from the content of art. 155, paragraph 1 of the Criminal Code, especially from the perspective of multiple issues that may be defended in practice, which also determines the possibility of the existence of a judicial error. The article analyses the content of the two decisions of the Constitutional Court, but also their implications identified in the practice of the courts, taking into account the importance of respecting the principle of legality, but also the observance of the rights of the parties in a criminal trial.","PeriodicalId":149715,"journal":{"name":"Jus et Civitas – A Journal of Social and Legal Studies","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115155400","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}
Pub Date : 1900-01-01DOI: 10.51865/jetc.2022.01.07
S. Şchiopu
The administrative capacity of public authorities and bodies, as well as of the institutions under their subordination/in their coordination, includes, not only all material, institutional and human resources, but also the actions they carry out for the exercise of the competencies established by law. In the context of the COVID-19 pandemic, the Minister of Education together with the Minister of Health issued Joint Order no. 5558/2389/2021 which provided that, starting with 8 November 2021, the resumption of courses with physical presence is to take place in all pre-university education units in which a minimum percentage of 60% of the staff is vaccinated, otherwise the resumption of courses will be done online, and the Boards of Directors of the pre-university education units issue the decision on how to resume the courses. Therefore, this study will analyse, in the light of data protection legislation, if, in view of the competencies established by law, the pre-university education units had the necessary administrative capacity to issue an informed decision on how to resume the courses. The main conclusion after analysing the legal framework is that the legitimate basis for personal data processing concerning the staff vaccination status can only be point (c) of Article 6 (1) and point (g) of Article 9 (2) of Regulation (EU) 2016/679, but the Joint Order no. 5558/2389/2021 does not fall into either of these two legal basis for the processing, with the consequence that the Boards of Directors were in fact deprived of the necessary administrative capacity to issue the decision on how to resume the courses.
{"title":"The administrative capacity to manage the effects of the COVID-19 pandemic in schools: legality of personal data processing concerning the staff vaccination status in order to resume courses with physical presence or online*","authors":"S. Şchiopu","doi":"10.51865/jetc.2022.01.07","DOIUrl":"https://doi.org/10.51865/jetc.2022.01.07","url":null,"abstract":"The administrative capacity of public authorities and bodies, as well as of the institutions under their subordination/in their coordination, includes, not only all material, institutional and human resources, but also the actions they carry out for the exercise of the competencies established by law. In the context of the COVID-19 pandemic, the Minister of Education together with the Minister of Health issued Joint Order no. 5558/2389/2021 which provided that, starting with 8 November 2021, the resumption of courses with physical presence is to take place in all pre-university education units in which a minimum percentage of 60% of the staff is vaccinated, otherwise the resumption of courses will be done online, and the Boards of Directors of the pre-university education units issue the decision on how to resume the courses. Therefore, this study will analyse, in the light of data protection legislation, if, in view of the competencies established by law, the pre-university education units had the necessary administrative capacity to issue an informed decision on how to resume the courses. The main conclusion after analysing the legal framework is that the legitimate basis for personal data processing concerning the staff vaccination status can only be point (c) of Article 6 (1) and point (g) of Article 9 (2) of Regulation (EU) 2016/679, but the Joint Order no. 5558/2389/2021 does not fall into either of these two legal basis for the processing, with the consequence that the Boards of Directors were in fact deprived of the necessary administrative capacity to issue the decision on how to resume the courses.","PeriodicalId":149715,"journal":{"name":"Jus et Civitas – A Journal of Social and Legal Studies","volume":"167 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127260556","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}
The paper aims to analyze the idea of social solidarity from the perspective of legal constraints that characterize the labor relations between employees and employers and the growing need for community involvement of organizations. Therefore, the concept of citizenship-oriented behavior of organizations (OBSs) and the legal concept of subordinating employees to organizations will be at the center of attention. The first part of the article will be about defining the human being through the occupation or profession he chooses to practice (homo faber), we are what we work, and advance to the social dimension of any economic activity, and the second part will analyze these ideals such as altruism, solidarity or prosocial behavior, from the perspective of legal regulations in the labor code that emphasize the subordination of employees to employers who at least at first discourage the assumption of a civic dimension aimed at citizenship of employees. suggested possible solutions to improve these legal relations so that values such as solidarity are more present in the contractual relations between employees and employers in various social or economic contexts.
{"title":"INDIVIDUAL, EMPLOYERS AND ORGANIZATIONAL CITIZENSHIP BEHAVIOUR","authors":"Dana Volosevici, D. Grigorescu","doi":"10.51865/jetc.1.06","DOIUrl":"https://doi.org/10.51865/jetc.1.06","url":null,"abstract":"The paper aims to analyze the idea of social solidarity from the perspective of legal constraints that characterize the labor relations between employees and employers and the growing need for community involvement of organizations. Therefore, the concept of citizenship-oriented behavior of organizations (OBSs) and the legal concept of subordinating employees to organizations will be at the center of attention. The first part of the article will be about defining the human being through the occupation or profession he chooses to practice (homo faber), we are what we work, and advance to the social dimension of any economic activity, and the second part will analyze these ideals such as altruism, solidarity or prosocial behavior, from the perspective of legal regulations in the labor code that emphasize the subordination of employees to employers who at least at first discourage the assumption of a civic dimension aimed at citizenship of employees. suggested possible solutions to improve these legal relations so that values such as solidarity are more present in the contractual relations between employees and employers in various social or economic contexts.","PeriodicalId":149715,"journal":{"name":"Jus et Civitas – A Journal of Social and Legal Studies","volume":"1162 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121044759","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}
The fight against discrimination is a general issue of the essence of the international institutions involved in the protection of human rights, democracy and the rule of law. This paper examines the application of the principles of discrimination, in scope to a better understanding of the fundamental concepts and the method of apply the control mechanisms. The main objective is reported to identify the international and national regulations on non-discrimination, as well as jurisprudential developments. The purpose of the research is related to highlighting the importance of recognizing the principle of non-discrimination in labor relations, in the event of the Covid pandemic, by analysing the role of state institutions, as well as the evolution of jurisprudential developments and the ways to combat discrimination.
{"title":"DISCRIMINATION. NEW CHALLENGES REGARDING HEALTH PROTECTION","authors":"D. Rădulescu","doi":"10.51865/jetc.1.05","DOIUrl":"https://doi.org/10.51865/jetc.1.05","url":null,"abstract":"The fight against discrimination is a general issue of the essence of the international institutions involved in the protection of human rights, democracy and the rule of law. This paper examines the application of the principles of discrimination, in scope to a better understanding of the fundamental concepts and the method of apply the control mechanisms. The main objective is reported to identify the international and national regulations on non-discrimination, as well as jurisprudential developments. The purpose of the research is related to highlighting the importance of recognizing the principle of non-discrimination in labor relations, in the event of the Covid pandemic, by analysing the role of state institutions, as well as the evolution of jurisprudential developments and the ways to combat discrimination.","PeriodicalId":149715,"journal":{"name":"Jus et Civitas – A Journal of Social and Legal Studies","volume":"132 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123776875","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}
In the context of social challenges, of school organization continuous change and teachers looking for their professional identity, we propose to identify which are the reasons that teachers continue to perform this profession, what they like and dislike about their job / professional environment. So, this paper aims to analyse some issues concerning professional values associated with their satisfaction for their job and professional solidarity of teachers from pre-university level. For this purpose, we have proposed a qualitative study, based on check – list (Sort Card) and interview. We have used check list (sort cart as instrument) in order to establish a hierarchy of the reasons that teachers (investigated subjects) like and what they dislike about their job; and also, we have used interview in order to complete the information about our subjects’ professional satisfaction. Other results are discussed here.
{"title":"TEACHERS PROFESSIONAL SATISFACTION AND SOLIDARITY IN A CHANGING SCHOOL ORGANIZATION","authors":"Simona Eftimie, Alina Mărgărițoiu","doi":"10.51865/jetc.1.01","DOIUrl":"https://doi.org/10.51865/jetc.1.01","url":null,"abstract":"In the context of social challenges, of school organization continuous change and teachers looking for their professional identity, we propose to identify which are the reasons that teachers continue to perform this profession, what they like and dislike about their job / professional environment. So, this paper aims to analyse some issues concerning professional values associated with their satisfaction for their job and professional solidarity of teachers from pre-university level. For this purpose, we have proposed a qualitative study, based on check – list (Sort Card) and interview. We have used check list (sort cart as instrument) in order to establish a hierarchy of the reasons that teachers (investigated subjects) like and what they dislike about their job; and also, we have used interview in order to complete the information about our subjects’ professional satisfaction. Other results are discussed here.","PeriodicalId":149715,"journal":{"name":"Jus et Civitas – A Journal of Social and Legal Studies","volume":"116 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123798734","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}
The patrimonial liability is the most common form of liability, being attracted in case of non-compliance with the legal norms, in order to protect the social values indispensable for the normal functioning of a company. Legal employment relationships are one of the most common areas in which joint and several liability is applied, namely in the case of work accidents resulting in personal injury to employees, which can cause them including permanent disabilities and can be caused by deficiencies in specific equipment used, as well as the lack of effective training in the field of labour protection. Establishing guilt and attracting civil liability is done in relation to the concrete conditions of the accident, the duties of employees according to job descriptions, but also the concrete actions they performed during the program or in connection with work duties. The article presents the applicability of the legal norms in the matter of civil liability to a practical case in which the courts have held joint and several liability of employees and employers in case of accidents at work, referring to the legal conditions to be met, with implications in criminal law.
{"title":"SOLIDARITY LIABILITY IN THE EVENT OF WORK-RELATED ACCIDENTS","authors":"D. Rădulescu, Delia-Mihaela Marinescu","doi":"10.51865/jetc.1.04","DOIUrl":"https://doi.org/10.51865/jetc.1.04","url":null,"abstract":"The patrimonial liability is the most common form of liability, being attracted in case of non-compliance with the legal norms, in order to protect the social values indispensable for the normal functioning of a company. Legal employment relationships are one of the most common areas in which joint and several liability is applied, namely in the case of work accidents resulting in personal injury to employees, which can cause them including permanent disabilities and can be caused by deficiencies in specific equipment used, as well as the lack of effective training in the field of labour protection. Establishing guilt and attracting civil liability is done in relation to the concrete conditions of the accident, the duties of employees according to job descriptions, but also the concrete actions they performed during the program or in connection with work duties. The article presents the applicability of the legal norms in the matter of civil liability to a practical case in which the courts have held joint and several liability of employees and employers in case of accidents at work, referring to the legal conditions to be met, with implications in criminal law.","PeriodicalId":149715,"journal":{"name":"Jus et Civitas – A Journal of Social and Legal Studies","volume":"32 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116126726","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}
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