DISCIPLINARY RESPONSABILITY OF TEACHERS IN HIGHER EDUCATION

The regulations contained in Law no.1/2011, complete the common regulations thatcan be found the Labor Code. This way, the teachers in university education are going to bepenalized disciplinarily, as much for the infringement of the common law directives (LaborCode), as for the behavior rules violation that prejudice the Education System interest and theinstitution’s name, directives contained in the University Charta. Analyzing the regulationsfrom Law 1/2011, I observed some deficiencies of regulations2 concerning the disciplinaryresponsibility of teachers in higher education

THE PHYSICIANS DISCIPLINARY RESEARCH PROCEDURE IN ROMANIA

Like other professions in Romania the medical profession it is also regulated by speciallaws: Law no. 95/2006 on medical reform, the Code of Medical Ethics and The RomanianCollege of Physicians Status. The competent authorities to carry out to carry out disciplinaryresearch of the facts that constitute misconduct and specific procedural rules will be brieflyanalyzed in this paper

GENERAL ASPECTS REGARDING THE PRIOR DISCIPLINARY RESEARCH

Disciplinary research is the first phase of the disciplinary action. According to art. 251 paragraph 1 of the Labour Code no disciplinary sanction may be ordered before performing the prior disciplinary research.These regulations provide an exception: the sanction of written warning. The current regulations in question, kept from the old regulation, provides a protection for employees against abuses made by employers, since sanctions are affecting the salary or the position held, or even the development of individual employment contract. Thus, prior research of the fact that is a misconduct, before a disciplinary sanction is applied, is an essential condition for the validity of the measure ordered. Through this study we try to highlight some general issues concerning the characteristics, processes and effects of prior disciplinary research

DISCIPLINARY SANCTIONS APLICCABLE TO ROMANIAN CIVIL SERVANTS

Disciplinary liability of civil servants, as form of judicial liability, has started a seriesof debates among Romanian doctrinaires. This paper aims to analyze the disciplinarysanctions applicable to civil servants subjected to Law No 188/1999, starting from theanalysis of the concept of civil servant and from their classification according to the doctrineand legal provisions

Few aspects regarding the supremacy of the Romanian Constitution

The scientific basis of the supremacy of the Constitution is an important issue of the practice and theory of constitutionality. This preoccupation is related to the role of the Constitution in the normative system, in the hierarchization of the norms, as well as to the place of the constitutional law in the legal system. The supremacy of Constitution has as main consequence the compliance of entire law with the constitutional norms. Guaranteeing of the observance of this principle is essential for the rule of law, is primarily an attribute of the Constitutional Court of Romania, but also an obligation of the legislator to receive by texts adopted, within its content and form, the constitutional norms

Some considerations on the principles of law

Any scientific intercession that has as objective the understanding of the significances of the “principle of law” needs to have an interdisciplinary character, the basis for the approach being the philosophy of law. In this study we fulfill such an analysis with the purpose to underline the multiple theoretical signifi cances due to this concept, but also the relationship between the juridical principles and norms, respectively the normative value of the principle of the law. Thus, extensive references to the philosophical and juridical doctrine in the matter are being materialized. This study is a pleading to refer to the principles in the work for the law’s creation and application. Starting with the diff erence between “given” and “constructed”, we propose the distinction between the “metaphysical principles” outside the law, which by their contents have philosophical significances, and the “constructed principles” elaborated inside the law. We emphasize the obligation of the law maker, but also of the expert to refer to the principles in the work of legislation, interpretation and applying of the law. Arguments are brought for the updating, in certain limits, the justice – naturalistic concepts in the law

Studies in Law. Research Papers

Słowo wstępne: "Drodzy Czytelnicy, Prezentujemy Państwu kolejny numer naszego periodyku. W tym bogatym zbiorze wypowiedzi przedstawicieli doktryny prawa i praktyki prawniczej znalazło się miejsce dla prac autorów z różnych dziedzin prawa. Analizowane zagadnienia odnoszą się w szczególności do problematyki prawa konstytucyjnego, prawa cywilnego, prawa pracy, prawa karnego. Zgromadziliśmy cenne spostrzeżenia autorów z różnych ośrodków akademickich – tak z Polski, jak i z zagranicy. Obok interesujących artykułów naukowych oraz glos przedstawiamy też niemałą liczbę innych tekstów, przede wszystkim recenzji publikacji naukowych i sprawozdań pokonferencyjnych. Mamy nadzieję, że ten, jak i przyszłe numery czasopisma stanowić będą dla Państwa interesującą lekturę, skłaniającą do refleksji nad poruszanymi tematami i prowokującą do tworzenia kolejnych prac naukowych. Liczymy, że zechcą Państwo publikować je – jak do tej pory – na łamach czasopisma „Studia Prawnicze. Rozprawy i Materiały”. Życzę inspirującej lektury!"(...

THE PRINCIPLE OF PRIORITY OF THE EUROPEAN UNION’S LAW. LEGAL CONSEQUENCES

For the national courts of law the aspects coming out from the principle of priority of the European Union law compared with the national law, are extremely important because the national judge will be many times in the position of deciding if he has to apply a community norm, and if yes, which is the procedure to follow. In this study we analyze some of the important aspects such as the contents of the principle of priority in European Union law compared with the national law, but also particular aspects, such as the relationship regarding the community law norms on one side, and the norms regarding the constitutions of the member states, on the other side. The obligation of the law courts to interpret the internal law in compliance with the European Union law results from the jurisprudence of the European Court of Justice. In this study the main aspects of this obligation are shown and also the rule for the procedural autonomy, acknowledged by the national judge that is applying the community law norms with the purpose to ensure the efficiency of these dispositions

SOME CONSIDERATIONS REGARDING THE PROVISIONS OF ARTICLE 53 OF THE ROMANIAN CONSTITUTION

An essential dimension of the lawful state is represented by the consecration and guaranteeing of the fundamental rights and liberties, the ensuring of the optimum conditions for their exercising. The state has the negative obligation to restrain from any arbitrary or excessive requirement that may restrict or condition the exercise of the constitutional right. In order to be legitimate and constitutional, any restriction of the exercise of the fundamental rights and liberties through the measures prescribed by the state’s authorities, needs to have the character of exemption, not to affect the substance of the law and to fulfill all conditions stipulated by item 53 of the constitution. In relation to these premises we analyze in this study the constitutional institution of restraining some rights’ exercising and the relevant aspects of jurisprudence. The observance of the principle of proportionality is one of the constitutional requirements in order for such a restrictive measure to be legitimate. The main particularities of the principle of proportionality applied in the matter of restraining some rights’ exercising are analyzed with reference to the jurisprudence of the Constitutional Court and the European Court of Human’s Rights