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Telework During the Pandemic. Alternative Solution, or Legal Obligation? 大流行期间远程办公。替代解决方案,还是法律义务?
Pub Date : 2021-12-10 DOI: 10.18662/upalaw/71
Costel Neculai Dunava
The Covid-19 pandemic has forced all economic sectors to reconsider their forms and means of work in order to protect the life and health of their employees. Under these circumstances, telework - used for over two decades in sectors related to information technology - has become a generally applicable solution (with the exception of some areas such as agriculture, construction, services requiring direct activities, etc.). The authorities initially recommended that as many workers as possible should telework and revised the legislation to adapt it to the challenges of today. Then, given the positive results, they introduced various incentives to encourage telework. Lately, there has been a shift towards establishing legal rules making telework a mandatory form of telework in health risk situations. Our paper thus details the status of telework in most European countries.
新冠肺炎大流行迫使所有经济部门重新考虑其工作形式和手段,以保护员工的生命和健康。在这种情况下,在与信息技术有关的部门使用了20多年的远程工作已成为一种普遍适用的解决方案(除了一些领域,如农业、建筑、需要直接活动的服务等)。当局最初建议尽可能多的员工远程办公,并修改了立法以适应当今的挑战。然后,考虑到积极的结果,他们引入了各种激励措施来鼓励远程办公。最近出现了一种转变,即制定法律规则,使远程工作成为健康风险情况下的强制性远程工作形式。因此,我们的论文详细介绍了远程办公在大多数欧洲国家的地位。
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引用次数: 0
Possibilities for Survival and Economic Recovery through Fiscal Relaxation in the Pandemic and Post-pandemic Period 在大流行和大流行后时期通过财政放松生存和经济复苏的可能性
Pub Date : 2021-12-10 DOI: 10.18662/upalaw/79
G. Sandu
Restrictions on the economy stifled by the devastating effects of the COVID-19pandemic have forced private companies to find their economic recovery levers. Survival or even economic growth can also be achieved through government support in the sense of tax cuts, the state bearing part of the wage costs, or by accessing funds that make it possible to reformulate businesses.
受covid -19大流行的破坏性影响,对经济的限制迫使私营企业寻找经济复苏的杠杆。生存甚至经济增长也可以通过政府的支持来实现,比如减税,国家承担部分工资成本,或者通过获得资金使企业重组成为可能。
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引用次数: 0
The Benefits of Digitization for Small and Medium Enterprises 数字化对中小企业的好处
Pub Date : 2021-12-10 DOI: 10.18662/upalaw/70
C. Codreanu
Digital technologies are awaited to have an enormous influence on developing countries’ forecasts for economic growth. Digitization will remodel business activities in many directions. Many organizations and services have remained unlocked during COVID-19 by embracing new concrete distancing practices and technology to maintain their business running and their workers secure. The SME sector is essential to economies around the globe. With normality and revival from the pandemic in sight, it is more important than ever for SMEs to highlight from opponents, be as efficient and successful as possible and provide help to the country’s economic recovery. The devices and technology available now can assist to reduce costs, grow effectiveness and grow appearance. By projecting a digital transformation journey and using the first measures to develop a business by inserting in place simple but efficient digitalization devices, SMEs can help future-proof their offering and establish flexibility for years to arrive.
人们期待数字技术对发展中国家的经济增长预测产生巨大影响。数字化将在许多方面重塑商业活动。在2019冠状病毒病期间,许多组织和服务通过采用新的具体距离实践和技术来保持业务运行和员工安全,从而保持了安全。中小企业对全球经济至关重要。在疫情即将恢复正常和复苏之际,中小企业比以往任何时候都更需要从对手中脱颖而出,尽可能高效和成功,为国家经济复苏提供帮助。现有的设备和技术可以帮助降低成本,提高效率和改善外观。通过规划数字化转型之旅,并通过插入简单而高效的数字化设备,采用最初的措施来发展业务,中小企业可以帮助他们的产品经得起未来的考验,并建立未来数年的灵活性。
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引用次数: 0
Non-patrimonial Rights Defense – The Right to One's Own Image 非世袭权利的捍卫——个人形象的权利
Pub Date : 2021-12-10 DOI: 10.18662/upalaw/63
Cosmin Ambrosa
A person's image is a fundamental value, provided by both the Civil Code and the fundamental law, whose protection is ensured by maintaining a fair balance between the exercise of the right to be informed and the freedom of expression. Thus, from the point of view of the ECHR’s practice, freedom of expression is not an absolute, inviolable and uncensored right as the freedom of holding an opinion and the freedom of speaking because it must be exercised like any other human rights, within its natural limits so as not to harm in any way the others' right and legitimate interest.
一个人的形象是《民法典》和基本法规定的一项基本价值,通过在行使知情权和言论自由之间保持公平平衡来确保对其保护。因此,从《欧洲人权公约》的实践来看,言论自由不像持有观点的自由和言论的自由那样是绝对的、不可侵犯的和不受审查的权利,因为它必须像任何其他人权一样在其自然限度内行使,以不以任何方式损害他人的权利和合法利益。
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引用次数: 0
The Volatility of Cryptocurrencies in the Age of Digitalization 数字化时代加密货币的波动性
Pub Date : 2021-12-10 DOI: 10.18662/upalaw/76
R. Lazar
The evolution of economic crises highlights their common elements, relatively easy to recognize; but mankind doesn't learn too much from its own history; so, we are able to recognize the futures of economic crises, but the ignorance condemns us to repeat the economic crises. However, there are several goods which are excessively traded before the economic crisis: tulips in 1637, real estate in 2007, and cryptocurrencies in the near future. In terms of research, we used a mixed strategy (deductive, inductive, comparative, historical, and casuistic).
经济危机的演变凸显了它们的共同因素,相对容易识别;但人类并没有从自己的历史中学到太多东西;因此,我们能够预见经济危机的未来,但这种无知使我们不得不重复经济危机。然而,在经济危机之前,有几种商品被过度交易:1637年的郁金香,2007年的房地产,以及不久的将来的加密货币。在研究方面,我们使用了混合策略(演绎、归纳、比较、历史和诡辩)。
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引用次数: 0
Brexit - Between the Ideology of Euroscepticism and the 'Innocence' of the Treaty on European Union 英国脱欧——介于欧洲怀疑主义意识形态和欧盟条约的“清白”之间
Pub Date : 2021-12-10 DOI: 10.18662/upalaw/65
Cristian Bocancea
Built on the values of freedom and prosperity, democracy and peace, the European Union has created over time a huge constitutional framework, culminating in the Lisbon Treaty, adopted in 2007 and known as the Treaty on European Union. It reflected the will of the then 27 Member States to live together in a cohesive society, guided by the principle of subsidiarity, and to offer neighboring countries the opportunity to join the Union. As regards EU enlargement, the procedure was laid down in principle in Article 49 TEU; for reasons of symmetry, the Treaty introduced Article 50 to cover the possible scenario of a Member State leaving the Union. Although no one expected it, Article 50 TEU was activated by the United Kingdom of Great Britain and Northern Ireland following a referendum on the so-called Brexit in the summer of 2016. At the beginning of 2020, after lengthy negotiations, the British - Eurosceptics who had made a discordant note for 43 years in the implementation of common policies - effectively left the EU, hoping for a better life and leaving us to reflect on the "innocence" of a treaty article drafted from too much democracy.
在自由与繁荣、民主与和平的价值观基础上,欧盟长期以来创造了一个庞大的宪法框架,并在2007年通过的《里斯本条约》(Lisbon Treaty)中达到高潮,该条约被称为《欧盟条约》(Treaty on European Union)。它反映了当时27个成员国在辅助性原则指导下在一个有凝聚力的社会中共同生活的意愿,并为邻国提供加入联盟的机会。关于欧盟的扩大,该程序已在第49条TEU中原则上规定;出于对称的原因,该条约引入了第50条,以涵盖一个成员国离开欧盟的可能情况。尽管没有人预料到,但在2016年夏天所谓的英国脱欧公投之后,大不列颠及北爱尔兰联合王国启动了第50条TEU。2020年初,经过漫长的谈判,英国人——43年来在执行共同政策方面一直发出不和谐声音的欧洲怀疑论者——实际上离开了欧盟,希望过上更好的生活,让我们反思一项由过多民主起草的条约条款的“天真”。
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引用次数: 0
The Digital Green Certificate - Guarantee of Free Movement within the EU or Means of Discrimination? 数字绿色证书——欧盟内部自由流动的保证还是歧视的手段?
Pub Date : 2021-12-10 DOI: 10.18662/upalaw/64
I. Apetrei
In order to facilitate safe travel during the COVID-19 pandemic, the European Commission has proposed the creation of a Digital Green Certificate. This instrument refers to the 27 EU Member States and the non-EU states which are part of the Schengen Area (Iceland, Norway, Switzerland and Lichtenstein), but it also includes provisions on the recognition of certificates issued by non-EU states. This paper seeks to analyze this certificate, but also the arguments put forward in support of the idea that it would guarantee freedom of movement within the EU, the fears that it would be a means of discrimination against those who wish to exercise this freedom in the EU space and the risk that this instrument will get stuck in the European “digital bureaucracy” in the absence of clear standards by which digital certificates can be interoperable and unanimously valid in the EU space.
为了促进2019冠状病毒病大流行期间的安全旅行,欧盟委员会提议创建数字绿色证书。该文书指的是27个欧盟成员国和属于申根地区的非欧盟国家(冰岛、挪威、瑞士和列支敦士登),但它也包括关于承认非欧盟国家颁发的证书的规定。本文试图分析这个证书,还支持的论点提出这个想法,它将保证欧盟内自由流动,担心这将是一个意味着歧视那些希望在欧盟行使这种自由空间和这个乐器的风险将困在欧洲“数字官僚主义”没有明确标准的数字证书可以在欧盟的互操作性和一致有效的空间。
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引用次数: 0
Political-Legal Debates on Romania’s Administrative-Territorial Reform and Regionalisation 罗马尼亚行政领土改革与区域化的政法论争
Pub Date : 2021-12-10 DOI: 10.18662/upalaw/62
Ana-Maria Ambrosă
In search of solutions for durable peace in Europe, the latter part of the 20th century witnessed the emergence of several western-based theories that redefined the relations of national states and the way they related to their territorial subdivisions: functionalism, federalism, neo-functionalism, intergovernmentalism, multi-level governance, etc. In this context, several administrative reforms were carried out in order to stimulate decentralisation and regionalisation. After the fall of communism, the states in Eastern and Central Europe aligned with European Union “fashion” and practices. Taking the same road, Romania has shyly proceeded towards local autonomy, keeping the territorial divisions of its communist past. As far as regionalisation is concerned, it formally adopted the European Nomenclature of Territorial Units for Statistics (NUTS). However, it did not transform the region into a true governance layer.
为了寻求欧洲持久和平的解决方案,20世纪后半叶出现了一些以西方为基础的理论,这些理论重新定义了民族国家的关系及其与领土划分的关系:功能主义、联邦制、新功能主义、政府间主义、多层次治理等。在这方面,进行了若干行政改革,以促进权力下放和区域化。共产主义垮台后,东欧和中欧国家与欧盟的“时尚”和做法保持一致。罗马尼亚也走同样的道路,羞涩地走向地方自治,保留了过去共产主义时期的领土划分。就区域化而言,它正式通过了《欧洲领土统计单位命名法》(NUTS)。然而,它并没有将该区域转变为一个真正的治理层。
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引用次数: 0
Some Aspects of the Annexes to the Financial Statements of Public Institutions in Romania 罗马尼亚公共机构财务报表附件的某些方面
Pub Date : 2021-12-10 DOI: 10.18662/upalaw/73
G. Florea
At present, the administration and management of any type of patrimonial entity be it public or private, can no longer be conceived without accounting, without quality information and obtained in a timely manner. In Romania, OMFP no. 1917/2005 is the normative act that regulates the organization and management of the accounting of public institutions. According to its provisions, the official document presenting the situation of the patrimony under the administration of the state and the administrative-territorial units and the execution of the revenue and expenditure budget is represented by the financial statements, in whose composition are found as an integral part and their annexes, represented accounting policies and explanatory notes. The role of the financial statements is to allow users to have a true and fair view of the public entity's by providing detailed and systematic information on the criteria used to prepare specific financial statements and accounting policies, as well as providing additional information that is not incorporate in the financial statements.
目前,任何类型的继承实体的行政和管理,无论是公共的还是私人的,都不能再没有会计,没有质量信息和及时获得。在罗马尼亚,OMFP编号为。1917/2005是规范事业单位会计组织管理的规范性法律。根据其规定,反映国家和行政区域单位管理下的遗产状况以及收入和支出预算执行情况的正式文件由财务报表表示,财务报表的组成是其组成部分及其附件,代表会计政策和解释性说明。财务报表的作用是通过提供关于编制具体财务报表和会计政策所用标准的详细和系统的信息,以及提供未纳入财务报表的额外信息,使使用者能够真实和公平地了解公共实体的财务状况。
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引用次数: 0
The County and the Realm. Significations and Developments in the History of Romanian Administration 郡与王国。罗马尼亚行政管理历史的意义和发展
Pub Date : 2021-12-10 DOI: 10.18662/upalaw/67
Teodor Cârnaț, Ana-Maria Ambrosă
Integrating both villages and towns, the longest-living territorial unit in the administrative history of the Romanian cultural area has been the county (judeţ), also known as a realm (ţinut– in Medieval Moldova). Proving its usefulness as a unifying matrix after the Union of 1918, the county was the focus of two major administrative reforms in 1929 and 1938. The former created local ministerial directorates which were made up of several counties, by historical regions, and aimed to decentralise public services. The latter – implemented during the dictatorship of Charles II – abolished all counties and replaced them with larger territorial divisions, called realms; they were no longer meant to support decentralisation, but, on the contrary, the King’s authoritarian control over the administration, according to the fascist model.
将村庄和城镇结合在一起,罗马尼亚文化区行政历史上存在时间最长的领土单位是县(judelui),也被称为王国(ţinut -在中世纪的摩尔多瓦)。在1918年联合之后,作为一个统一矩阵,该县是1929年和1938年两次主要行政改革的重点,证明了它的有用性。前者创建了由几个县组成的地方部长理事会,按历史地区划分,旨在分散公共服务。后者——在查理二世独裁统治期间实施——废除了所有的郡,代之以更大的领土划分,称为领地;他们不再是为了支持权力下放,而是相反,根据法西斯模式,国王对行政的独裁控制。
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引用次数: 0
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Polis Revista de Stiinte Politice
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