Suchergebnisse

The taking over the principles and procedure from the previous legislation (Law of National Education no. 1/2011), the legislator brings in 2023, through the new Law no. 199, changes to the regime of disciplinary liability of teaching staff. The clear distinction between the legal regime and the administrative act of the decision of the University Ethics Commission regulated in Law no. 199/2023 removes the sanction for the violation of ethical norms from the scope of disciplinary liability, as was considered by the majority of national jurisprudence under the old regulation. Our comparative analysis aims to highlight the new regulations, although some inadvertent ones persist.

Tort liability is one of the important legal institutions in civil law seeking compensation for damage, and in certain circumstances, we also find it in employment relationships as a form distinct from patrimonial liability, the objective of which is also compensation for damage. Given the onerous nature of the employment relationship, in the cases that we will analyze about the admissibility of tort liability, we start from the same rights and obligations of the parties in the sense that the damage caused by the employee or the employer is due a failure in fulfilling the obligations in the employment relationship. Although the patrimonial liability as regulated by Art. 254 of the Labor Code is a special responsibility of the employment relationship, the text of the law does not qualify this type of liability as exclusive in the case of the employment relationship, which is why the caselaws identify situations where tort liability is also generated in the context of such employment relationships.

Increasingly common in labor law disputes, the petitions regarding the award of non-material damages to applicant are subject to judicial review they are working to ensure full compensation in case of illegal conduct also in labor law. Despite the fact that the labor law does not protect and does not have as its object the non-patrimonial aspects of the parties, as repercussions on the injured person, the full reparation is ensured by repairing the moral suffering that is generated by the illegality, including with regard to the employment relationship. All the more we could say that the repair can also have a moral side in the conditions in which the parts of the employment relationship, especially the employee, invest his knowledge, time, and skills, elements related to his personality and attitude. The analysis proposed by that article seeks precisely to justify non-material damages, on the principles of tortious liability, in the context of contractual liability such as that in employment relationships, including the fact that it is possible to engage the employee's moral responsibility towards an individual employer.

The analysis of the present study started from the text of art.1 and art.18 of Law no.554 / 2004, according to which an action can be filed in the administrative contentious court only regarding the granting of compensations for the damages created by issuing illegal administrative acts. The special provisions of the law on administrative litigation were opposed, in the comparative analysis, the provisions of the Civil Code on tort liability so that by corroborating with the solutions of the courts to be outlined a legal regime regarding the liability of civil servants.

The study takes on the role of the press, publishers, writers' associations for the German literary circles in Romania in the period 1949-1989. These institutions endeavored to support young authors by publishing their literary creation but only under certain conditions which are detailed in the article. Another focus is on how censorship and self-censorship worked. The examples given show different effects of censorship on writers and poets. When some authors dared to slip texts with a subversive message, other writers preferred to stay away from the literary scene because they thought it was better to write literature for the desk drawer (Schubladenliteratur) and wait for better times to publish it. The result of these constraints referring to the writing process finally determined the authors to encode criticism in their texts, readers being forced to read between the lines.

In the current regulation of the Law of national education no.1/2011 is granted a special section for deviations from the university ethics, a section distinct from the section of disciplinary deviations. The common element that creates also confusion in practice between the two types of responsibilities is the similar terminology used by the legislator"disciplinary sanctions"in both section, although analyzing the administrative research procedures established in the two sections, we find a different legal regime both in terms of the activity of the two commissions of research, as well as of the documents issued following the procedures.

From the logical and unitary interpretation of Law no. 31/1990 (art.72 and art.166), the liability of the administrators and auditors of the companies, who are at the same time their employees, is a civil liability - in the broad sense of the notion of civil law by applying the rules of the mandate. From the perspective of the patrimonial liability of the employees, according to the Labour Code, the ways of recovering the damage caused to the company to which you are subordinated in the employment relationship differ from the ways of recovering the damage in case of non-compliance of the mandate's limits. Analyzing the two types of liability, in the situation where the administrator also has an employment contract with the company, we conclude that the practical solution and in accordance with the concern of the legislator to prioritize the application of special law is to assess the conditions of liability of the administrator to the rules from the mandate provided by art. 2017-2024 Civil Code and Law no. 31/1990, and regarding the way of establishing the liability and recovering the damage, the provisions of art. 253-259 Labour Code.