COLLECTIVE BARGAINING – WAY OF PREVENTING LABOR DISPUTES

Labor disputes are triggered, in most cases, by claims of economic or professional interests. Employees may have the belief that they are frustrated due to the granting of rights, ensuring optimal labor conditions or compliance with the terms of the collective agreement, becoming thus concerned about claims or even the onset of labor disputes. Through collective bargaining, these conflictive guidelines can be prevented or resolved at the optimum time

The Judicial Control of the Administrative Acts Legality in Community Law. Exempted Acts of the Community Judicial Control

The present paper has as its main objective to present the role played by the legality principle for the rule of law as well as to analyse the signification of legality control of administrative acts in the context of European Union law, and to present those acts that are excerpted from the jurisdictional control of legality. In order to achieve this result the doctrine was analysed and compared to the jurisprudence of the European courts. In our opinion the legality principle has to beinterpreted in a permissive manner of the obligation to respect and comply to the «legality block» composed of the defining rules of the three distinct juridical systems, the national norms, the European Union norms and those established by ECHR as well as the conformity to the jurisprudence of the European Union Court of Justice and the European Court of Human Rights, taking into consideration the fact that their decisions have law value and are extensions of the legality principle

Infected pancreatic necrosis: outcomes and clinical predictors of mortality. A post hoc analysis of the MANCTRA-1 international study

: The identification of high-risk patients in the early stages of infected pancreatic necrosis (IPN) is critical, because it could help the clinicians to adopt more effective management strategies. We conducted a post hoc analysis of the MANCTRA-1 international study to assess the association between clinical risk factors and mortality among adult patients with IPN. Univariable and multivariable logistic regression models were used to identify prognostic factors of mortality. We identified 247 consecutive patients with IPN hospitalised between January 2019 and December 2020. History of uncontrolled arterial hypertension (p = 0.032; 95% CI 1.135-15.882; aOR 4.245), qSOFA (p = 0.005; 95% CI 1.359-5.879; aOR 2.828), renal failure (p = 0.022; 95% CI 1.138-5.442; aOR 2.489), and haemodynamic failure (p = 0.018; 95% CI 1.184-5.978; aOR 2.661), were identified as independent predictors of mortality in IPN patients. Cholangitis (p = 0.003; 95% CI 1.598-9.930; aOR 3.983), abdominal compartment syndrome (p = 0.032; 95% CI 1.090-6.967; aOR 2.735), and gastrointestinal/intra-abdominal bleeding (p = 0.009; 95% CI 1.286-5.712; aOR 2.710) were independently associated with the risk of mortality. Upfront open surgical necrosectomy was strongly associated with the risk of mortality (p < 0.001; 95% CI 1.912-7.442; aOR 3.772), whereas endoscopic drainage of pancreatic necrosis (p = 0.018; 95% CI 0.138-0.834; aOR 0.339) and enteral nutrition (p = 0.003; 95% CI 0.143-0.716; aOR 0.320) were found as protective factors. Organ failure, acute cholangitis, and upfront open surgical necrosectomy were the most significant predictors of mortality. Our study confirmed that, even in a subgroup of particularly ill patients such as those with IPN, upfront open surgery should be avoided as much as possible. Study protocol registered in ClinicalTrials.Gov (I.D. Number NCT04747990)

Reducing the environmental impact of surgery on a global scale: systematic review and co-prioritization with healthcare workers in 132 countries

Abstract Background Healthcare cannot achieve net-zero carbon without addressing operating theatres. The aim of this study was to prioritize feasible interventions to reduce the environmental impact of operating theatres. Methods This study adopted a four-phase Delphi consensus co-prioritization methodology. In phase 1, a systematic review of published interventions and global consultation of perioperative healthcare professionals were used to longlist interventions. In phase 2, iterative thematic analysis consolidated comparable interventions into a shortlist. In phase 3, the shortlist was co-prioritized based on patient and clinician views on acceptability, feasibility, and safety. In phase 4, ranked lists of interventions were presented by their relevance to high-income countries and low–middle-income countries. Results In phase 1, 43 interventions were identified, which had low uptake in practice according to 3042 professionals globally. In phase 2, a shortlist of 15 intervention domains was generated. In phase 3, interventions were deemed acceptable for more than 90 per cent of patients except for reducing general anaesthesia (84 per cent) and re-sterilization of ‘single-use’ consumables (86 per cent). In phase 4, the top three shortlisted interventions for high-income countries were: introducing recycling; reducing use of anaesthetic gases; and appropriate clinical waste processing. In phase 4, the top three shortlisted interventions for low–middle-income countries were: introducing reusable surgical devices; reducing use of consumables; and reducing the use of general anaesthesia. Conclusion This is a step toward environmentally sustainable operating environments with actionable interventions applicable to both high– and low–middle–income countries

General Considerations on the Institution of Fiducia

Of Roman origins, fiducia was under the form of a pact (the fiduciary pact) secondary to atemporary transfer of property, by which a natural person preserved the property to the benefit of thetestator under a resolutory condition and during all the life of the testator; after the death of the testatorthe properties should be transferred either to the direct descendant, or to other person authorized by thetestator by legacy. The contemporary fiducia in the continental civil law has its origins in the Englishright in the specific institution in the common law of the trust, which designates the judicial rapportcreated by acts between the living or for a death cause from a person named founder who transfers two ormore goods under the control of an administrator to the benefit of a person or for a given purpose. TheRegulation in The New Civil Code Part III, Title IV, articles 773-791, followed the pattern of the FrenchLaw no. 2007-211 in 19th February 2007 which introduced in the French civil code, the Title XIV “Onfiducia”. The Romanian legislator took in an adapted form the provisions of the French normative actoperating some important changes or additions

THE EXECUTION INSTANCE OF THE JUDICIAL JUDGEMENTS SENTENCED IN THE LITIGATIONS OF ADMINISTRATIVE CONTENTIOUS

The instance which solved the fund of the litigation rising from an administrative contract differs depending on the material competence sanctioned by law, in contrast to the subject of the commercial law where the execution instance is the court. In this matter the High Court stated in a decision1 that in a first case the competence of solving the legal contest against the proper forced execution and of the legal contest that has in view the explanation of the meaning of spreading and applying the enforceable title which does not proceed from a jurisdiction organ is in the authority of the court. The Law of the Administrative Contentious no 554/2004 defines in Article 2 paragraph 1 letter t) the notion of execution instance, providing that this is the instance which solved the fund of the litigation of administrative contentious, so even in the case of the administrative contracts the execution instance is the one which solved the litigation rising from the contract. Corroborating this disposal with the ones existing in articles 22 and 25 in the Law, it can be shown that no matter the instance which decision is an enforceable title, the execution of the law will be done by the instance which solved the fund of the litigation regarding the administrative contentious

NOTARY PROCEDURE AND JUDICIAL PROCEDURE FOR THE DIVORCE WITH SPOUSES’ AGREEMENT

Compared to the old divorce procedures, the dissolution of marriage analysed according to the provisions of the New Civil Code (art.373-404) and the New Code of Civil Procedure (914-934) represents a real legislative innovation. Taking into consideration the judicial procedure, the legislator settles the amicable divorce, referring to spouses’ consent on the divorce, as well as to the divorce caused by one of the spouses’ poor health, and the divorce through no fault of their own. According to the new legal matters, the dissolution of marriage does not come exclusively under court jurisdiction. Thus, as far as the amicable divorce is concerned, even if the spouses have minor children, either of their own or adopted, they have at their disposal not only the judicial procedure, but also the notarial one. If the spouses do not have minor children, they can go to court, but they can also go to the notary public or to the registrar in order to certify the dissolution of marriage of their own accord. The legislator’s preference of the amicable divorce is obvious, especially as the dissolution of marriage of spouses’ own accord does no longer depend on either the length of marriage, or on their not having minor children