Pub Date : 2023-10-23DOI: 10.24818/eblj/2023/2/1.02
Crenguța LEAUA, Laura Ramona NAE
The issue of financial risks of companies in the HoReCa field has acquired a new dimension with the situation of the COVID-19 pandemic, as they are forced to reevaluate their contractual risk allocation and financial loss coverage mechanisms. This situation generated a reassessment of the importance of insurance contracts, especially business interruption insurance. The interpretation of clauses in existing contracts that did not expressly refer to the pandemic situation increased the number of disputes generated by this lack of clarity. The present article represents a general presentation of the risks of the activity in the HoReCa field, of the insurance contracts specific to this field, as a way of addressing these risks. The article also refers to the methods of out-of-court settlement of disputes in the field of HoReCa insurance, respectively to the arbitration organised in this field, as well as to the alternative dispute resolution methods (ADR) used in Romania and at the level of the European Union.
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Pub Date : 2023-10-23DOI: 10.24818/eblj/2023/2/1.05
Article 18 of the SSM Regulation and Article 132 of the SSM Framework Regulation set out the basis for the ECB’s administrative pecuniary penalties’ regime. Under Article 18(1) and (7) of SSM Regulation, the ECB (via its decision making body, Governing Council) may, impose administrative pecuniary penalties on supervised entities, in case of an intentional or negligent breach of (i) a requirement established by directly-applicable acts of Union law where administrative pecuniary penalties are available to competent authorities or (ii) a requirement provided for in ECB regulations and decisions. Within the exercise of its power to impose such penalties, the ECB enjoys a wide margin of discretion within the limits set by SSM Regulation and Regulation (EC) No. 2532/98. In this respect, the penalties applied must meet the criteria set out in Article 18(3) of SSM Regulation: they must be therefore “effective, proportionate and dissuasive”. Furthermore, the ECB may not exceed the limits specified in Article 18(1) of SSM Regulation and Article 4a (1) (a) of Regulation (EC) No 2532/98. The ECB may impose penalties of up to 10% of a bank’s total annual turnover in the preceding business year, or twice the amount of profits gained or losses avoided as a result of the breach, where those can be determined, as set in Article 18 of the SSM Regulation.
{"title":"Presentation of the SSM guide to the method of setting administrative pecuniary penalties","authors":"","doi":"10.24818/eblj/2023/2/1.05","DOIUrl":"https://doi.org/10.24818/eblj/2023/2/1.05","url":null,"abstract":"Article 18 of the SSM Regulation and Article 132 of the SSM Framework Regulation set out the basis for the ECB’s administrative pecuniary penalties’ regime. Under Article 18(1) and (7) of SSM Regulation, the ECB (via its decision making body, Governing Council) may, impose administrative pecuniary penalties on supervised entities, in case of an intentional or negligent breach of (i) a requirement established by directly-applicable acts of Union law where administrative pecuniary penalties are available to competent authorities or (ii) a requirement provided for in ECB regulations and decisions. Within the exercise of its power to impose such penalties, the ECB enjoys a wide margin of discretion within the limits set by SSM Regulation and Regulation (EC) No. 2532/98. In this respect, the penalties applied must meet the criteria set out in Article 18(3) of SSM Regulation: they must be therefore “effective, proportionate and dissuasive”. Furthermore, the ECB may not exceed the limits specified in Article 18(1) of SSM Regulation and Article 4a (1) (a) of Regulation (EC) No 2532/98. The ECB may impose penalties of up to 10% of a bank’s total annual turnover in the preceding business year, or twice the amount of profits gained or losses avoided as a result of the breach, where those can be determined, as set in Article 18 of the SSM Regulation.","PeriodicalId":489367,"journal":{"name":"EUROPEAN BUSINESS LAW JOURNAL","volume":"44 9","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135414544","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 : 2023-10-23DOI: 10.24818/eblj/2023/2/1.03
Cristina COJOCARU
A recent decision of the Romanian High Court of Cassation and Justice (IInd Section, Decision no. 153 of 28 January 2021) draws attention to the attributions of the director in a legal entity. More specifically, how the powers and liabilities of the director should be handled if they have not been attributed according to the legal provisions or according to the internal statutes of the legal entity. Although the applicable law, i.e., the Company Law, has not been amended in this area following the economic crisis due to the pandemic situation generated by COVID-19, the legal provisions should still be observed so that the economic decision becomes effective in accordance with the law. Without being exhaustive, the article aims to underline the applicable legal provisions to the decisions of a company on the mandate of the director and the practical consequences if not observed.
{"title":"On the legality of the director’s mandate in a Romanian Joint Stock Company","authors":"Cristina COJOCARU","doi":"10.24818/eblj/2023/2/1.03","DOIUrl":"https://doi.org/10.24818/eblj/2023/2/1.03","url":null,"abstract":"A recent decision of the Romanian High Court of Cassation and Justice (IInd Section, Decision no. 153 of 28 January 2021) draws attention to the attributions of the director in a legal entity. More specifically, how the powers and liabilities of the director should be handled if they have not been attributed according to the legal provisions or according to the internal statutes of the legal entity. Although the applicable law, i.e., the Company Law, has not been amended in this area following the economic crisis due to the pandemic situation generated by COVID-19, the legal provisions should still be observed so that the economic decision becomes effective in accordance with the law. Without being exhaustive, the article aims to underline the applicable legal provisions to the decisions of a company on the mandate of the director and the practical consequences if not observed.","PeriodicalId":489367,"journal":{"name":"EUROPEAN BUSINESS LAW JOURNAL","volume":"52 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135366330","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 : 2023-10-23DOI: 10.24818/eblj/2023/2/1.01
Raluca DIMITRIU
The right to collective bargaining is regulated differently depending on the legal system. A common basis does exist, however: this is the International Labour Organisation Convention no. 154 (1981), ratified by 50 states, including most of the member states of the European Union. However, with regard to police and military personnel, ILO Convention 154 leaves it to the discretion of the national law-maker to determine the extent to which the guarantees provided for in the Convention apply. Indeed, according to Articles 1 (2) and (3) of Convention 154, the extent to which the guarantees provided for in this Convention apply to the armed forces and the police may be determined by national laws or regulations or national practice. As regards the public service, special modalities of application of this Convention may be fixed by national laws or regulations or national practice. The paper will include a comparative analysis of the application of these provisions in 12 Member States of the European Union. Finally, we will try to draw up a relevant table as to how each national legislator understood to regulate this sensitive subject.
{"title":"The right to collective bargaining in the military, police, and public sector. A comparative law perspective","authors":"Raluca DIMITRIU","doi":"10.24818/eblj/2023/2/1.01","DOIUrl":"https://doi.org/10.24818/eblj/2023/2/1.01","url":null,"abstract":"The right to collective bargaining is regulated differently depending on the legal system. A common basis does exist, however: this is the International Labour Organisation Convention no. 154 (1981), ratified by 50 states, including most of the member states of the European Union. However, with regard to police and military personnel, ILO Convention 154 leaves it to the discretion of the national law-maker to determine the extent to which the guarantees provided for in the Convention apply. Indeed, according to Articles 1 (2) and (3) of Convention 154, the extent to which the guarantees provided for in this Convention apply to the armed forces and the police may be determined by national laws or regulations or national practice. As regards the public service, special modalities of application of this Convention may be fixed by national laws or regulations or national practice. The paper will include a comparative analysis of the application of these provisions in 12 Member States of the European Union. Finally, we will try to draw up a relevant table as to how each national legislator understood to regulate this sensitive subject.","PeriodicalId":489367,"journal":{"name":"EUROPEAN BUSINESS LAW JOURNAL","volume":"1 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135366459","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 : 2023-10-23DOI: 10.24818/eblj/2023/2/1.06
Valentin-Stelian BĂDESCU
To prevent misunderstandings, I confess that I felt it a civic duty to call things by their names. I always will. If we are still given to live, at least let us do it with dignity and cleanliness. In this capacity, I testify that many of the current problems of the Romanian judicial and legal space, basically of our justice system, can be solved through a pragmatic approach to a segment of our justice system, that of social justice, since the traumas and abuses committed by the state authorities, with attributions in the field, have affected the human security of citizens, with the immediate consequence of affecting/altering the rule of law. The rule of law is that which is based, in essence, on the supremacy of the law, and not on the discretionary power of some leaders, regardless of the name they bear - presidents, heads of state, kings, princes, etc. -, and within which the recognition of democratic values and the promotion and defence of citizens' rights constitute a major objective.
{"title":"Brief considerations about the perspectives of the Romanian legal and judicial space","authors":"Valentin-Stelian BĂDESCU","doi":"10.24818/eblj/2023/2/1.06","DOIUrl":"https://doi.org/10.24818/eblj/2023/2/1.06","url":null,"abstract":"To prevent misunderstandings, I confess that I felt it a civic duty to call things by their names. I always will. If we are still given to live, at least let us do it with dignity and cleanliness. In this capacity, I testify that many of the current problems of the Romanian judicial and legal space, basically of our justice system, can be solved through a pragmatic approach to a segment of our justice system, that of social justice, since the traumas and abuses committed by the state authorities, with attributions in the field, have affected the human security of citizens, with the immediate consequence of affecting/altering the rule of law. The rule of law is that which is based, in essence, on the supremacy of the law, and not on the discretionary power of some leaders, regardless of the name they bear - presidents, heads of state, kings, princes, etc. -, and within which the recognition of democratic values and the promotion and defence of citizens' rights constitute a major objective.","PeriodicalId":489367,"journal":{"name":"EUROPEAN BUSINESS LAW JOURNAL","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135414688","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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