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1
CÎMPEAN, Daniela, Roxana VORNICU et Dacian C. DRAGOȘ. « Public-Private Arbitration in Romanian Law ». Transylvanian Review of Administrative Sciences, no 64 E (15 octobre 2021) : 24–46. http://dx.doi.org/10.24193/tras.64e.2.
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The article endeavors to introduce the constitutional and statutory framework for arbitration in Romania, whilst discussing the dilemmatic legislative provisions allowing for public entities to become parties in an arbitration dispute. It includes a discussion of the concept of administrative contracts in Romania and a chronological analysis of the evolution of public-private arbitration under administrative contracts. Some of the landmark Romanian public-private arbitrations under international investment treaties have held the public agenda in recent years and they shape the public debate on arbitration as fit for purpose when it comes to public contracts.
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Toncea, Nicolae-Mihail, Andrei Stan et Octavian Cristea. « Romanian Public-Funded Research And Development Activities In The Space Sector ». International conference KNOWLEDGE-BASED ORGANIZATION 21, no 3 (1 juin 2015) : 756–59. http://dx.doi.org/10.1515/kbo-2015-0127.
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Abstract Romania achieved full membership within ESA (European Space Agency) in 2011 and is actually involved in several European flagship space programmes. The “National Strategy for Space and Related Fields” is a strategic project funded through the Romanian Space Technology and Advanced Research Program (STAR), which is implemented by a consortium coordinated by IAROM S.A. One of the project goals is to identify national space- related technological capabilities and possible niches for Romania within the European space industry, as well as to identify cooperation opportunities within the mandatory and optional ESA programs. This paper presents an overview of the areas of expertise covered by projects contracted in 2012 and 2013 in the framework of the national space research and development programme. The paper does not cover industrial space contracts since they contain sensitive information.
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Precup, Liviu-Alexandru. « Approaches Regarding the Simplified Public Procurement Procedure in Romania ». International conference KNOWLEDGE-BASED ORGANIZATION 26, no 2 (1 juin 2020) : 88–93. http://dx.doi.org/10.2478/kbo-2020-0058.
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AbstractPublic procurement in Romania is an important part of any economy, regardless of the geographical location, political orientation or level of development. Therefore, they can be considered as a separate part, but not insignificant, of the business of a functioning market economy. Moreover, they benefit from its own law, including the global economic agreements governing commercial transactions of this type. Public Procurement is an important element of the Internal Market and a basic method of public spending and ensuring the free movement of goods, services and works by domestic and foreign companies. Through the adoption and implementation in the national legislation of the Member States of a package of Directives 2014, a new Public Procurement regime is settled. The Public Procurement Law provides two new awarding procedure. Simplified procedure – may be applied by the contracting authority for the contracts with a reduced value and the Innovation partnership. The above procedures are in addition to the procedures below which were already provided for by the prior legislation. In Romania a simplified procedure is applied for contracts /framework agreements with an estimated value below the above mentioned thresholds but with exceed RON 135,060 for supply and services contracts and RON 450,200 for works contracts. Within a simplified procedure, contract notices are published only in the Electronic System for Public Procurement.
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Tinca, Ovidiu. « The special work contracts in Romania ». Managerial Law 46, no 6 (décembre 2004) : 116–49. http://dx.doi.org/10.1108/03090550410771080.
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Pirvu, Daniela. « Corruption : Profile of political companies in Romania ». Acta Oeconomica 65, s1 (décembre 2015) : 65–82. http://dx.doi.org/10.1556/032.65.2015.s1.5.
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The subject of the paper is related to the tainting of the public contract award process and the consequences generated by it: corruption in public procurement, which is a major problem of the Romanian economy, recognised and pointed out both at the national and at the European level. The study provides empirical evidence that between 2009–2013 there were many companies that repeatedly win public procurement contracts and do business only (or almost only) with the local and central authorities (contracting authorities who represent the interests of political parties). At the theoretical level, the profile of these companies, called political companies, is identified.
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DOGAR, Cristian. « PERFORMANCE APPROACH OF EUROPEAN UNION FUNDED WORKS CONTRACTS IN ROMANIA, A CASE STUDY ». Annals of the University of Oradea. Economic Sciences 31, no 31(1) (2022) : 172–82. http://dx.doi.org/10.47535/1991auoes31(1)017.
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Wasting money in public contracts is a problem that can be addressed by encouraging dialogue, changes of experience and improving stakeholders’ knowledge. This case study objectives are to observe, interpret and disseminate how performance interrelates with beneficiaries of EU financed works contracts decisions and activities, in all three aspects of performance, from selecting, prioritizing and approving a future investment, until adjusting works contract values as effect of actual overlapped crisis. This exploratory case study is based on researchers’ observation of a public authority behavior patterns in the context of multiple works EU financed contracts implementation in the period 2019 – 2022, so that answers could be formulated at four research questions, as for seizing weaknesses of decision process related activities that could impact performance. Conclusions are based on identified weaknesses description, and are aimed to support future public investments related research in focusing on new detailed aspects of this area, and also the public beneficiaries designated staff, financial managers and accountants, in accurately future planning activities that support decisions on selecting, prioritizing, and assessing feasibility to improve performance of the locally EU financed works contracts.
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Guzgan, Loredana. « Review of the Volume ”Principalele contracte de comerț internațional” [Main International Trade Contracts], Author : Dumitrița Florea, Lumen Publishing House, 2017 ». Logos Universality Mentality Education Novelty : Law 8, no 2 (12 décembre 2020) : 77–80. http://dx.doi.org/10.18662/lumenlaw/8.2/48.
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"Principalele contracte de comerţ internaţional” [Main International Trade Contracts] is a book written by Dumitrița Florea and published by Lumen Publishing House from Iasi, Romania, a volume that explains and captures in a clear and structured way the various types of existing contracts that are subject to international trade. This paper was published in 2017, a year when international trade experienced a significant recovery, much more synchronized and generalized compared to previous years, which were marked, in various proportions, by the effects of the crisis of 2008-2009. During this period, the main trend identified is the reorientation, with a new force, of business to the international space, considered profitable and promising.
8
Earle, John S., et Dana Sapatoru. « Incentive contracts, corporate governance, and privatization funds in Romania ». Atlantic Economic Journal 22, no 2 (juin 1994) : 61–79. http://dx.doi.org/10.1007/bf02310195.
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Teleoacă Vartolomei, Brîndușa Oana. « Considerations Regarding Work from Home and Telework ». Proceedings of the International Conference on Business Excellence 14, no 1 (1 juillet 2020) : 1217–21. http://dx.doi.org/10.2478/picbe-2020-0115.
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AbstractIn the current pandemic conditions that have covered the whole world between individual contracts of special type, the contract with work at home has acquired a priority place. Likewise, telework, regulated in Romania since 2018 and considered a new form of work organization, has also proved its effectiveness. In this context, however, it is necessary to identify the advantages and disadvantages of working in the form of work at home or telework and to draw guidelines for future legislative changes in this area.
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Popa, Ioan-Gabriel. « The Architecture of the Public Procurement System in Romania ». International conference KNOWLEDGE-BASED ORGANIZATION 26, no 2 (1 juin 2020) : 82–87. http://dx.doi.org/10.2478/kbo-2020-0057.
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AbstractNowadays, the field of public procurement has evolved both in terms of the conceptual approach and in terms of the design of a reliable and effective public procurement system. All public institutions or public bodies belonging to the European space are struggling to cope with the budgetary constraints imposed by the reduction of oversized public spending and the increasing public pressure, in order to make public procurement more transparent in the sense of using public money. On the other hand, experts in the field of public procurement are facing another problem, namely the emergence of new technologies that are constantly developing and generate difficulties related to the qualitative choice of products, works or services, new challenges in the development and conclusion of commercial agreements, and especially difficulties in observing the environmental norms. From the perspective of the contracting authority, they are increasingly basing their activities on the online environment for public procurement, using this field in order to reach the economic objectives. The public procurement system has the general meaning of principles and rules in relation to the purchase of products, services or works based on special contracts, i.e. public procurement contracts, completed by a community. As the public body is represented by the state through its institutions, it can be stated that this system administers, manages and controls all public institutions in relation to the way of spending public money through the contracts concluded between the state and economic agents.
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Patraș, Mirela Violeta, et Cristian Silviu Bănacu. « Critical Phases in the Process of Awarding Public Procurement Contracts : A Romania Case Study ». Journal of Engineering, Project, and Production Management 6, no 2 (31 juillet 2016) : 104–19. http://dx.doi.org/10.32738/jeppm.201607.0004.
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Alexandra, Horobeţ, Vrînceanu Georgiana, Hurduzeu Gheorghe et Lupu Radu. « Financial Literacy in Romania : A Test of Economics and Business Students ». Studies in Business and Economics 15, no 3 (1 décembre 2020) : 269–86. http://dx.doi.org/10.2478/sbe-2020-0058.
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Abstract Romania is in a rather dishonorable position from the financial literacy perspective in the European Union, ranking last among countries. To increase the level of financial education of the Romanian population, public and private institutions, organizations, and companies have recently taken the initiative in this field, mostly after 2015. Our contribution builds on these recent developments and aims at testing the level of basic financial literacy of Romanian university students, enrolled in business and economics studies, using the OECD Financial literacy test. Data was collected through an online survey on a voluntary basis, and the responses were analyzed using statistical indicators. Results indicate a rather high level of financial literacy among students, but also significant differences among respondents that may be explained by several demographic characteristics and specific attributes. The most important characteristics that influence the degree of financial literacy of students are age, students’ cycle of studies, the way the students live, property ownership and students’ involvement in financial market transactions and contracts. We stress towards the need to act through concrete measures to improve young people financial literacy, as a necessary condition to navigate in an increasingly complex environment, where finance plays an essential role.
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Dan, Mihaela-Cornelia, et Claudia Popescu. « Entrepreneurship in the rural areas of Romania. The impact of the 2007-2013 EU funding programmes ». Proceedings of the International Conference on Business Excellence 11, no 1 (1 juillet 2017) : 1129–36. http://dx.doi.org/10.1515/picbe-2017-0116.
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Abstract This paper contributes to the research on entrepreneurship in rural areas by focusing on the absorption and investment plans developed with European Funds and implemented in Romania in 2007-2013 for rural development. Entrepreneurship in the European Union is seen as the solution for creating and increasing jobs number, developing new business models, and is related very often with creativity and innovation. Moreover, entrepreneurship is directly linked to the economic performance of regions (Audretsch, D.B., Keilbach, M., 2005), poverty reduction and contributes to the economic advancement of rural communities. The focus on rural areas is given by the fact that almost half of the Romanian population lives in villages or communes (around 45%), and the main income source comes from agriculture. In the same time, there is an important potential for entrepreneurial projects because rural areas are high underdeveloped, there is a lack of services in major fields as education, social services, entertainment etc. Also, we find a high potential in tourism, especially in ecological, adventure or agro-tourism. We develop a theoretical framework to discuss the potential impact of EU Funds on rural development, the access to public funds for rural population, their readiness for business ownership, the most accessible fields for starting a business and regional variables. Our study is based on public data and official reports on the European Funds received by Romania in the budgetary period of 2007-2013 and other market data that round the entrepreneurship frame in rural areas. We analyze the number of start-ups financed by European funds, type and size of enterprises, number of jobs and reasons for contract cancellation. We find that regions with a reach cultural heritage and closer to the Western border have registered more applications and are more interested in self-employment, but also that given the administrative barriers many entrepreneurs decided to cancel the contracts.
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Velicu, Dan. « A Brief Assessment of the Main Commercial Contracts under the New Romanian Civil Code ». International and Comparative Law Review 20, no 2 (1 décembre 2020) : 274–89. http://dx.doi.org/10.2478/iclr-2020-0029.
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Summary From 2011 Romania has a new Civil Code. Although the government’s initiative was to unify the private law according to the model of the Italian Civil Code of 1942 by repealing the Commercial Code of 1887, the new Civil Code only succeeded in putting together civil rules and commercial rules, the latter being relocated from the former Commercial Code. Obviously, an exhaustive analysis of the new Civil Code is impossible in the frame of a short article. That’s why the author of this study tries to evaluate the new Civil Code regulation by focusing on the main commercial contracts. Some general civil rules that are traditionally applied for centuries in most of the European continental legal systems (e.g. ownership concept, warranty for defects, the buyer’s duty to pay the price etc) will be premeditatedly neglected or just shortly approached. The commercial contracts are very important in the field of the international commercial relations – even between the borders of the European Union –, when in many cases the parties agree that the national law will govern the contract. The goal of the study is to offer a brief commentary on the new institutions together with a comparative presentation of the general regulation of the main commercial agreements.
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Gog, Sorin. « Neo-liberal subjectivities and the emergence of spiritual entrepreneurship : An analysis of spiritual development programs in contemporary Romania ». Social Compass 67, no 1 (20 janvier 2020) : 103–19. http://dx.doi.org/10.1177/0037768619895168.
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This article analyzes the changes in industrial relations and labor market in Romania during the past two decades and explores the neo-liberal socialization devices that have emerged after the financial crisis and the way they offer legitimacy to the vast economic transformations that took place in this region. Using the ‘varieties of capitalism’ approach I investigate the specific forms of dis-embedded neoliberalism institutionalized in Romania and the precarisation of the workforce through labor market de-regulations, short-term contracts and emphasis on the flexibility and employability of workers. The article focuses on the outburst of spiritual development programs and the vast field of alternative spiritualities that haves proliferated in Romania and the way this cultural change mediates the formation of an immanent spiritualized ethics of authenticity that lends itself to the creation of a new ‘spirit of capitalism’ (Boltanski and Chiapello, 2007).
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Onufreiciuc, Raluca, et Lorena-Elena Stănescu. « Regulation of the Smart Contract in (Romanian) Civil Law ». European Journal of Law and Public Administration 8, no 2 (20 décembre 2021) : 95–111. http://dx.doi.org/10.18662/eljpa/8.2/164.
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The research aims to organize, examine, and analyze the provisions on smart contracts available in Romanian civil law. “Smart contracts” are not smart, and are not necessarily contracts, although they can be. As self-executing computer programs, smart contracts are operational on the blockchain and unlike traditional legal contracts, once the agreement has been concluded and the smart contract is set in motion, no party can intervene and it will be executed without interruption, modification, or breach. The crucial question in the final contract law topic is what happens when the smart contract's outcomes deviate from those required by law. To answer this issue, we must first understand that whether a smart contract becomes legally enforceable is determined by several circumstances, together with the unique use case, the type of smart contract employed, and the existing legislation. The paper addresses the subject of determining and regulating smart contracts under Romanian current laws. Particular emphasis is placed on two ambiguous definitions of smart contracts: as computer code and as a civil-law contract. The authors conclude that the concept of smart contracts requires more legal regulation, particularly in terms of managing their meaning and comprehension.
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Preda, Ionel. « THE ANALYSIS OF THE CONTRACTS AWARDED ON THE BASIS OF A SINGLE TENDER IN THE PUBLIC PROCUREMENT IN ROMANIA ». Oradea Journal of Business and Economics 4, no 2 (septembre 2019) : 102–11. http://dx.doi.org/10.47535/1991ojbe082.
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The analysis of the contracts awarded on the basis of a single tender in public procurement is necessary to be performed for studying the degree of openness of a market and for identifying a number of deficiencies such as reduced competition, high level of bureaucracy, reduced stimulation of the small and medium entreprises participation at the procurement procedures or non-splitting into lots the object of the procurement. The article describes the existing specialised literature, the advantages and disadvantages of receiving only one tender situation in Romania and European Union during the period 2015 – 2017, in correlation with the statistics regarding the weight of conracts awarded to small and medium entreprises and the weight of procurement procedures divided into lots. Also, the article longer poses a number of issues concerning the approach of contracts contracts based on only one offer as an indication of fraud or corruption or the conclusion of anticompetitive agreements.
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Wainwright, Warwick, Klaus Glenk, Faical Akaichi et Dominic Moran. « Conservation contracts for supplying Farm Animal Genetic Resources (FAnGR) conservation services in Romania ». Livestock Science 224 (juin 2019) : 1–9. http://dx.doi.org/10.1016/j.livsci.2019.03.016.
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Preda, Ionel. « Public procurement in Romania : environment, stakeholders and critical success factors ». Proceedings of the International Conference on Business Excellence 14, no 1 (1 juillet 2020) : 735–45. http://dx.doi.org/10.2478/picbe-2020-0070.
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AbstractPublic procurement represents the most important link between the public administration and the economy of a state, through which governments buy annually very high value products, works or services. Knowing the characteristics of the environment, critical success factors and stakeholders is of great importance because these are the three main elements that contribute to the award of public procurement contracts and the efficient spending of budgetary funds. The research presents an analysis of the specialized literature, the main statistical data from the official public procurement reports and identifies the most important characteristics of the environment in which public procurement takes place in Romania, the stakeholders and the critical success factors in this field.
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Grigorescu, Adriana, et Arina Mihaela Niculescu Diaconu. « Impact of Flexicurity Policies on the Romanian Labor Market ». ECONOMICS 7, no 1 (1 juin 2019) : 7–18. http://dx.doi.org/10.2478/eoik-2019-0003.
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Abstract Along with joining the EU and with the desire to be compatible with the European labor market, flexicurity begins to penetrate gradually the Romanian labor market, becoming a topical concept, an economic and social recovery tool. In the simplest possible way, flexicurity can be defined as the compromise between flexibility and work safety. The flexicurity principle was born as a solution to the European dilemma: how to increase the competitiveness of European enterprises in global competition without sacrificing the European social model. Although a gradual passage is attempted, the tradition of a profession inherited from one generation to another or a stable job still exists in the human resource mentality, but it no longer exists in the present society. The concept of flexicurity is relatively new, introduced in Europe in 2006, when the principles of flexicurity were developed, but they were implemented according to the economic specificity of each EU member state. The purpose of this paper is to analyze the effects that EU accession has had on the Romanian labor market and the subsequent steps to harmonize Romania with the European Union requirements from the point of view of human resources management, flexicurity at the labor market. In Romania, the flexicurity balance is balanced, in the sense that the trade unions support a broader level of security, and the employers tend to a greater degree of flexibility. In conclusion, the Romanian labor market to develop a high degree of flexicurity must aim at increasing employment and reducing long-term unemployment, promoting workplace security and reducing the rigidity of labor law, especially in case of voluntary dissolution of firms, or of collective redundancies. In addition, the flexibility of collective and individual work contracts is also sought.
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Kharaim, Irina Vladimirovna. « FOREIGN EXPERIENCE OF THE PUBLIC POLICY OF IMPLEMENTATION OF THE INSTITUTION OF “CONSULTING ENGINEER” IN CONSTRUCTION : EXPERIENCE OF ROMANIA, POLAND AND HUNGARY ». UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION 1, no 13 (27 août 2018) : 204–15. http://dx.doi.org/10.31618/vadnd.v1i13.147.
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The article is devoted to the research of innovative development of the public policy concerning the implementation of the institution “consulting engineer” in the construction, in the context of Ukraine’s integration into the world economic space. An assessment of the main FIDIC documents used in Romania, Poland, Hungary for the organization and conduction of public procurement has been carried out. The suggestion is made that the best adaptation of international experience to the domestic realities of the consulting engineer can take place under the condition of cooperation between Ukraine and the countries of Eastern and Central Europe, with which it is most closely connected both with historical traditions and with economic aspects. It is noted that the main problems facing Romania’s employers in the field of construction during the development of projects were as follows: a slow procedure for ensuring proper access to the construction site; errors in the source planning data; errors in the data on the location of the object; a slow procedure for obtaining permits through bureaucracy and legislative difficulties for construction; limitation and delay of payment for the performed work, including the salary of the engineer-consultant. In these circumstances, more and more attention was needed not to questions regarding the progress of construction work, but to fulfill the requirements for their implementation. It was substantiated that in Polish practice the role of the consultant engineer was limited to performing the functions of the customer representative in accordance with the clear instructions of the latter. The reason for this situation was the conflict between two contracts: the engineer’s contract and the main contract. This led to a burst of court appeals, because instead of a neutral position of risk-manager between the customer and the contractor, the engineer became the defendant on the battlefield.
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BRINARU, Gabriel. « STUDY ON THE AWARD OF SERVICE CONTRACTS USING THE FRAMEWORK AGREEMENT ». Management & ; Marketing 20, no 2 (30 novembre 2022) : 197–211. http://dx.doi.org/10.52846/mnmk.20.2.06.
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For the award of a public procurement contract for the purchase of a product, work or service, the contracting authority must follow a sequence of stages, which represents a public procurement process. As a stage of the public procurement process, planning represents the set of activities carried out in public institutions that determine their main objectives, how they are achieved and what resources will be used during the process. Planning the procurement process is crucial. Failure to implement it correctly leads to errors and problems during the process of awarding and implementing the contract. The general objective of the work is to identify and solve the problems that arise during the planning process of public procurement in Romania, by identifying and anticipating directions that lead to the improvement of the entire public procurement system.
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Țop, Dan. « TURNING POINTS IN THE LABOR LEGISLATION IN ROMANIA - OVERCHARGING OF PART-TIME INDIVIDUAL WORK CONTRACTS ». Revue Européenne du Droit Social 58, no 1 (5 décembre 2022) : 7–11. http://dx.doi.org/10.53373/reds.2023.58.1.0096.
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Preoteasa, Ana Maria D., Rebekka Sieber, Monica Budowski et Christian Suter. « Household Role in Coping with Precarious Work. Evidence from Qualitative Research in Urban Romania and Switzerland ». Social Change Review 14, no 2 (1 décembre 2016) : 177–201. http://dx.doi.org/10.1515/scr-2016-0027.
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Abstract This paper presents the results of a qualitative comparative study that looked at the meaning of ‘precarious work’ in households situated in the position of ‘precarious prosperity’ in Switzerland and Romania in 2013. The aim of this research is to explore the experiences of individuals with precarious work and to embed them into their household and national structural contexts. Employment patterns in the two countries are similar in terms of uncertainty and instability, yet vary in many other aspects. While in Romania insecurity is due mainly to the very low incomes, in Switzerland it stems from nonstandard contracts. The research shows that for households of precarious prosperity, precarious work is both a strategy to cope with uncertainty and instability and a circumstance leading to precariousness. The analysis explores qualitatively the meaning that individuals living in households of precarious prosperity attribute to their employment situation as contextualized by the interplay between household and individual situation.
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Nótári, Tamás. « Private Law in the Province of Dacia ». Acta Universitatis Sapientiae Legal Studies 9, no 2 (15 janvier 2021) : 205–23. http://dx.doi.org/10.47745/ausleg.2020.9.2.02.
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Beginning from the late 18th century and until the mid-19th century, several wax tablets were unearthed in the locality of Roşia Montană in what is today Romania. They record, among other things, various contracts drafted during the time of the Roman Empire. They constitute a priceless database which attests to the application of Roman law in the Province of Dacia. This study is dedicated to briefly presenting the significance of the content of these tablets from the perspective of legal history. The major conclusions which can be drawn from the legal operations documented in them are presented regarding the status of persons and various types of contracts. Based on the content of the wax tablets, it can be concluded that the living application of Roman law in the province of Dacia differed in part from the norms indicated in contemporary sources, in local use some institutions being distorted and ‘adapted’ to local conditions and Hellenistic influence.
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Popa, Ioan Gabriel, et Leontin Stanciu. « Short Considerations On The Integrated Defense Procurement Management System Of Romania ». International conference KNOWLEDGE-BASED ORGANIZATION 21, no 2 (1 juin 2015) : 354–59. http://dx.doi.org/10.1515/kbo-2015-0059.
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Abstract In the current context and along with the emergence and implementation of the Government Emergency Ordinance no. 114/2011 regarding the award of certain public contracts in the fields of defense and security, ordinance imposing the mandatory application of art. 288 of the Treaty on the Functioning of the European Union concerning the transposition of the Union’s directives, both purchases of products, works and services and the purchase of military products are regulated. In order to implement this ordinance, the MoD is “asked” to rethink the whole system of defense procurement. In my opinion, the current Integrated Defense Procurement Management System (IDAMS) consists of Technical-Operational Requirements System, Planning, Programming, Budgeting and Evaluation System, and Integrated Procurement Management System even if it has introduced a series of instructions, policies, principles and procedures based on defense procurements and respond only partially to the current reality specifically referring to the purchase of arms and ammunition from their own production and less to their procurement from external suppliers. For this reason, we believe that IDAMS must be known and understood, which is exactly what the article below intends to de, and ultimately, this system should be changed, the by amending general and specific legislation.
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Duran, Antonio, Tata Chanturidze, Adrian Gheorghe et Antonio Moreno. « Assessment of Public Hospital Governance in Romania : Lessons From 10 Case Studies ». International Journal of Health Policy and Management 8, no 4 (22 décembre 2018) : 199–210. http://dx.doi.org/10.15171/ijhpm.2018.120.
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Background: The Government of Romania commissioned international technical assistance to help unpacking the causes of arrears in selected public hospitals. Emphases were placed on the governance-related determinants of the hospital performance in the context of the Romanian health system. Methods: The assessment was structured around a public hospital governance framework examining 4 dimensions: institutional arrangements, financing arrangements, accountability arrangements and correspondence between responsibility and decision-making capacity. The framework was operationalized using a 2-pronged approach: (i) a policy review of broader health system governance arrangements influencing hospital performance; and (ii) a series of 10 casestudies of public hospitals experiencing financial hardship. Data were collected during 2016-2017 through key informant interviews with central authorities and hospital management teams, exhaustive semi-structured questionnaires filled in by hospitals, as well as the review of documentary sources where feasible. Results: Overall, the governance landscape of Romanian public hospitals includes a large number of seemingly modern legislative provisions and management instruments. Over the past 30 years substantial efforts have been made to put in place standardised hospital classification, hospital governance structures, management and service purchasing contracts with key performance indicators, modern reimbursement mechanisms based on diagnosis-related groups (DRGs), and regulatory requirements for accountability, including internal and external audit. Nevertheless, their application appears to have been challenging for a range of reasons, pointing to the misalignment between the responsibility and decisionmaking capacity given to hospitals in a questionably conducive context. Incoherent policy design, outdated and often disjointed regulatory frameworks, and cumbersome administrative procedures limit managerial autonomy and obstruct efficiency gains. In a context of chronic insufficient funding, misaligned incentives, and overly rigid service procurement processes, hospitals seem to struggle to adjust service baskets to the population’s health needs or to overcoming financial hardship. External challenges, combined with the limited strategic, operational, and financial management capacity within hospitals, make it difficult to exhibit good financial and general performance. Conclusion: Existing governance arrangements for Romanian public hospitals appear conducive to poor financial performance. The suggested framework for hospital governance assessment has proved a powerful tool for identifying system and hospital-specific challenges contributing to sub-optimal hospital performance.
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Lucian, Paul. « Durable Rural Development Through the 2014 - 2020 National Rural Development Program ». Studies in Business and Economics 13, no 2 (1 août 2018) : 147–52. http://dx.doi.org/10.2478/sbe-2018-0026.
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AbstractRural Development Policy is a priority for the E.U., as half of the Union’s population lives in rural areas. This policy is focused on society’s durable development, under all its aspects: economic, social, cultural, and so on. The challenges which rural areas of member states face must be addressed, while at the same time applying European norms and standards for rural development. After Romania became a part of the E.U., rural areas here were supported through several national rural development programs, so as to create a durable and sustainable rural economy. Major changes are required to achieve this kind of development, such as replacing old agricultural structures, modernizing the village, while at the same time maintaining cultural and local identity. Rural areas in Romania are often affected by natural disasters. During the last 17 years, national rural development programs implied contracts worth billions of Euros. For instance, through the 2020 NRDP, a budget of 9.5 billion Euros was allocated, 8.1 billion Euros coming from E.U. funding and 1.34 billion Euros as national cofinancing. At the moment, Romania’s absorption degree for the 2020 NRDP is of 20% and is expected to surpass 50% by 2020. Another regional program includes the concept of Spatial Development - Romania - 2025. Spatial planning supports the avoidance of rural dispersion. The betterment of infrastructure is supported, such as access roads, expanding base utilities, consolidated works to prevent flooding or landslides, and so on.
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Purnus, A., C. N. Bodea et M. Stoian. « The Bromilow Time-Cost model : a case study for the infrastructure projects in Romania ». IOP Conference Series : Materials Science and Engineering 1218, no 1 (1 janvier 2022) : 012044. http://dx.doi.org/10.1088/1757-899x/1218/1/012044.
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Abstract The Bromilow Time-Cost model is widely applied for estimating the duration of the construction works. The application of this model requires the estimation of different model’s parameters, which are capturing the economic, social and technological differences in projects’ implementation in different regions/countries. The paper aims to develop a mathematical Time-Cost model to be applied in Romania for the road infrastructure projects, grouped into four categories: highways, road rehabilitation, road modernization and by-pass. The research carried out by the authors has as objective to confirm the existence of the correlation between the project duration and costs, and to propose a procedure to be applied by the public decision authorities in order to estimate the duration of road infrastructure contracts. Tthe estimation of the implementation time was done through three scenarios: optimistic, most likely and pessimistic. The parameters of the Bromilow Time-Cost model and the regression models were identified
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Munteanu, Ionela, Adriana Grigorescu, Elena Condrea et Elena Pelinescu. « Convergent Insights for Sustainable Development and Ethical Cohesion : An Empirical Study on Corporate Governance in Romanian Public Entities ». Sustainability 12, no 7 (8 avril 2020) : 2990. http://dx.doi.org/10.3390/su12072990.
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The global financial crisis was decisive in reanalyzing the role of corporate governance based on the accountability and ethics of governance practices and its impact on sustainable development. The study aims to analyze the relevance of and the interdependencies between financial governance assessment indicators and income efficiency with synergetic effects on sustainable development and social cohesion, offering a distinct contemplation on errors in governance and financial reporting. Deviations concerning the accuracy of financial statements, flaws in the process of budget creation and budgetary execution, poor implementation of internal control systems, non-compliance with procedures of public procurement contracts, and ineffectiveness in sound financial management represent barometers for assessing managerial accountability in the public sector. This study is based on data reported by the Romanian Court of Accounts processed with the principal component analysis and proposes a global efficiency index as a benchmark indicator barometer in order to analyze the influence of managerial accountability and sustainable reporting compliance on revenue reported by public institutions in Romania. The results of the study are of empirical importance and explore the constant need to evaluate managerial accountability and ethics, with an emphasis on error, in order to improve public governance and enhance corporate accountability.
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Mladenov, Valeri, Vesselin Chobanov, George Calin Seritan, Radu Florin Porumb, Bogdan-Adrian Enache, Vasiliki Vita, Marilena Stănculescu, Thong Vu Van et Dimitrios Bargiotas. « A Flexibility Market Platform for Electricity System Operators Using Blockchain Technology ». Energies 15, no 2 (12 janvier 2022) : 539. http://dx.doi.org/10.3390/en15020539.
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The paper’s main objective is to demonstrate the trading and flexibility of services amongst TSOs, DSOs, and Prosumers in a transparent, secure, and cost-effective manner using Blockchain-based TSO-DSO flexibility marketplace (EFLEX). The aim is to look for ways to help DSOs/TSOs be more flexible and more directly engaged in managing energy flows on the network. EFLEX will streamline the needs of both TSO and DSO on the same platform. Based on the paper’s proposed services, the pilot service demonstration will be carried out in Bulgaria and Romania, and the main focus will be on congestion management, TSO-DSO Coordination, and Marketplace. The proposed objective is achieved by using Blockchain-based smart contracts and distributed ledger technology.
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Mihály, Zoltán. « The Making of Cheap Labour Power : Nokia’s Case in Cluj ». Studia Universitatis Babes-Bolyai Sociologia 6, no 1 (1 juin 2015) : 63–82. http://dx.doi.org/10.1515/subbs-2015-0003.
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Abstract This paper describes the procedures that minimized labour costs in a typical offshore factory of a large corporation from the global market: the Nokia factory in Cluj, Romania. Two interrelated factors contributed to this. Firstly, the arrival of neoliberal economic rationality created favourable conditions for transnational capital’s free passage through the country. Secondly, under the imperative of flexibilization, the 2011 Labour Code modifications diminished employee rights and increased employers’ privileges, allowing companies such as Nokia to freely assemble the region’s labour force – engaging it in a complex production process – and disassemble it without any major consequences. Flexibilization permitted the use of outsourced labour power in the form of external employees, partly from rural areas, with short-term contracts and minimum wages.
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Stanescu, Catalin Gabriel. « Stabilization Mechanisms for Nuclear Investments vs.Electricity Market Liberalization:The Case of Contract forDifference. Lessons from theUnited Kingdom and Romania ». European Energy and Environmental Law Review 27, Issue 6 (1 décembre 2018) : 223–35. http://dx.doi.org/10.54648/eelr2018028.
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The article addresses Contracts for Difference (CfD) as state aid and price stabilization mechanisms needed to mitigate the risks stemming from the incompat- ibility of liberalized electricity markets and nuclear energy investments. It starts by defining CfD mechan- ism as state aid required to support nuclear invest- ments. It continues by analyzing the issue of state aid in relation to the nuclear sector, with focus on the ``market failure'' argument as it transpires from both the European Commission's assessment of the state aid scheme and the decision of the Grand Chamber of the Court of Justice of the European Union. Attention is dedicated to the uses of the same support scheme in two similar nuclear projects in Hinkley Point (United Kingdom) and CernavodaÆ (Romania). The article concludes that given the systemic differences between the two national energy markets, CfD might not be a suitable solution for both national energy markets.
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Remeikienė, Rita, Ligita Gasparėnienė et Romas Lazutka. « Working conditions of platform workers in new EU member states : Motives, working environment and legal regulations ». Economics & ; Sociology 15, no 4 (décembre 2022) : 186–203. http://dx.doi.org/10.14254/2071-789x.2022/15-4/9.
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The article focuses on the differences in motivation, working environment and legal regulation of digital platform work, as well as demographic characteristics of digital platform workers in new EU member states (Lithuania, Hungary, Slovakia, Croatia and Romania). The research is based on the COLLEEM survey (2018) results. The ANOVA test revealed statistically significant differences only in one group of the characteristics under consideration – the number of digital platforms used by workers. The findings lead to the conclusion that digital platform workers who use 5 and more platforms tend to be more motivated and more satisfied with their working environment and legal regulation that those who use 1 platform. Generally, the first and most important challenge that platform workers are facing is the lack of social protection that is provided by the traditional employment contracts. This applies to all new EU member states under consideration.
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Vladu, Mircea, et Stelian Popescu. « Considerations on the Impact of Emerging and Disruptive Technologies on Security Policies ». Scientific Bulletin 26, no 2 (1 décembre 2021) : 211–16. http://dx.doi.org/10.2478/bsaft-2021-0026.
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Abstract The issue of the impact of emerging and disruptive technologies on security policy is a major concern of the North Atlantic Treaty Alliance. This is also demonstrated by the meeting between the Board members and the newly-established Advisory Group for Emerging and Disruptive Technologies, consisting of top experts in the fields of Cyber, Artificial Intelligence, Quantum Computing, Big Data, Space, Robotics and Autonomous or Biotechnological Systems, to find new synergies between NATO, the private, governmental and academic sectors and to maintain the technological supremacy of the Alliance. At the same time, the fact that the Romanian Army has mastered the defining elements of the impact of emerging and disrupted technologies on security policy and acts to make them operational is demonstrated by the meeting of July 12, 2021, of the Minister of National Defense, Nicolae-Ionel Ciuca with Heidi Grant, director of the US Defense and Security Cooperation Agency, on which occasion Romania received from the US the name of “Dependable Undertaking (DU)” under which contracts for the purchase of military equipment can be concluded without any payment in advance. Based on these elements, we would like to continue to talk about some aspects of innovation in dual military technologies, such as the influence of emerging and disruptive technologies on the organization and use of the armed forces. The research method undertaken consisted in identifying bibliographic resources, studying them, drawing relevant conclusions and formulating points of view on the impact of emerging and disruptive technologies on security policies.
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Bűkfeyes-Rákossy, Zsombor, et Gabriela-Victoria Țepuș. « Covid-19 : Synthesis and Analysis of Sustainability Measures for the Romanian Economy ». Analele Universității din Oradea. Seria : Relații Internaționale și Studii Europene 2022 (2020) : 243–57. http://dx.doi.org/10.58603/hriu7550.
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The crisis generated by Covid-19 is universal, affecting the world not only from a health perspective, but also from a socio-economic one. While facing an unmatched situation, governments have reacted differently in order to bolster their economies. This article deals with the support established by the Government of Romania for businesses. The analysis includes three major instruments: IMM Invest, Emergency Situations Certificate and technical unemployment. Furthermore, a number of other secondary measures along with the prepared support for economic recovery are mentioned. The study relies on official data communicated by the authorities, on petitions submitted to ministries, on press information, and on the collection and examination of statistics. How these programmes were carried out during the state of emergency, what immediate effects they had and what else should Romanian entrepreneurs expect are key questions to which this article provides answers. Technical unemployment was a necessary measure, taken in due time and prolonged long enough, but once halted, it can generate the termination of many employment contracts. The Emergency Situations Certificates, due to the low number of requests, suggest the fact that this instrument was overwhelmed by the situation. Their importance can rise during the period of economic invigoration if there will be non-reimbursable support provided on its basis. Last but not least, the IMM Programme, during its first weeks of existence, generated nine times more rejected than approved applications and offers the public space contradictory data depending on its source. In these conditions, companies are looking forward to economic recovery measures.
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Gatejel, Luminita. « A Socialist–Capitalist joint venture : Citroën in Romania during the 1980s ». Journal of Transport History 38, no 1 (15 mars 2017) : 70–87. http://dx.doi.org/10.1177/0022526617698150.
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After summarising 1960s first Romanian industrial deals with the West countries, this paper explores the 1976–94 cooperation with the French automobile manufacturer Citroën to build a new automotive plant in Romania. The contract with Citroën established a joint venture in Romania to produce the Citroën Axel for Western markets (branded Oltcit in Romania, after the name of the Romanian company). The deal highlighted the importance of transport for state-building processes and for creating a modern society in socialist Romania through industrial capacity building. Citroën was instead looking for peripheral production centres to lower production costs and boost sales. Unmet production volumes and standards, and shaky supply lines, gradually undermined the project. The Oltcit–Citroën deal failed because, even with Citroën’s assistance, Romanian car manufactures proved incapable of producing flawless cars and of meeting delivery terms.
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Sitnikov, Cătălina, Anca Băndoi, Mariana Paraschiva Olaru (Staicu) et Alina Mădălina Belu. « Systematic Approach to Internal Control and Audit from the Perspective of Organizational Culture Practiced by Entities of Romania ». Journal of corporate governance, insurance and risk management 8, no 1 (15 mai 2021) : 166–76. http://dx.doi.org/10.51410/jcgirm.8.1.11.
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The internal control and audit system is a component of a company’s management system that focuses on defining individual employee tasks, identifying and implementing the most efficient methods, implementing the most effective information system, and meeting all stakeholders’ needs, expectations, and requirements. The different parts of the internal management control system can be integrated with the other parts of the general management system in order for the internal control objectives to complement the general objectives of an entity, such as development, financing, profitability, and the environment. This integration can make resource planning and allocation easier, formulate complementary goals, and evaluate the entity’s overall efficiency. This reflects the current internal control and auditing method at the entity level regarding organizational culture. The study aims to use organized, statistically measurable (by applying markers of dispersion, central tendency, and correlation) evaluative, predictive, and causal methodologies to verify the theories and hypotheses proposed on the subject. Insurance and counselling add value to the entities’ activities and aid management in maintaining efficient and effective internal audit and control, assessing the reliability of the information, evaluating the effectiveness and efficiency of operations funds and public property management processes, and ensuring compliance with laws, regulations, and contracts
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Yarygina, I. Z. « Using Russian Ruble in International Transactions ». MGIMO Review of International Relations, no 1(34) (28 février 2014) : 141–45. http://dx.doi.org/10.24833/2071-8160-2014-1-34-141-145.
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The article deals with topical issues in international relations of the Russian Federation on the basis of the increased use of the ruble as the currency contracts and payments. The work shows the coordinated support of economic actors, public institutions of countries-partners. Collaborate with international teams, according to the author of the article, the implementation of economic programs of mutual interest and reinforces the trend of creating a multipolar world. The analysis of problems of development cooperation partners countries in the monetary sphere and shows that the main causes hindering greater use of domestic currencies are: hard currency regulation; a rare use of letters of credit and guarantees, which increases the financial risk operations; significant transaction costs; asymmetrical measures, currency regulation, burdening the mutual interests of the parties. To expand the use of the ruble in international relations author offers take into account a number of factors, including the need for a priority international currency contracts to perform the basic functions of money abroad is a measure of the value, means of payment and means of hoarding. The author's position is presented about the prospects of State institutional policy. In particular, the conclusion: the experience of Bulgaria, Romania, Albania has shown that the main task of the departments responsible for implementing the monetary policy should be the containment of inflationary pressures associated, including overdue contributions to the budget. A key priority in such circumstances is to support solvent and transparent banking systems, which are the basis for international cooperation.
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Raboaca, Maria Simona, Nicu Bizon, Catalin Trufin et Florentina Magda Enescu. « Efficient and Secure Strategy for Energy Systems of Interconnected Farmers′ Associations to Meet Variable Energy Demand ». Mathematics 8, no 12 (7 décembre 2020) : 2182. http://dx.doi.org/10.3390/math8122182.
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Since ancient times, agriculture has been one of the most important resources of national development. At a national level, clean energy is a strategic objective of Romania, in accordance with the EC directive 2016/30.11.2016 (“Clean Energy for All”). At a European level, the European Commission published in January 2019 the “Towards a Sustainable Europe by 2030” strategy, highlighting the strategic importance of the Internet of Things (IoT) and blockchain technologies. In this context, the synergy between the energy management of a hybrid energy system and blockchain technology, applied to farmers’ associations, represents a priority research direction in the field of information and communication technology, blockchain, and security. This paper presents the integration of the management of the energy produced by photovoltaic panels owned by farmers’ association, to support the variable energy demand (necessary for water pumps, charging stations of the electric agricultural machines, the animal farms, and the auxiliary equipment) based on the IoT, DLT, blockchain technologies and smart contracts applied to farmers associations registered as users of the SmartFarm platform.
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Rösler, Hannes. « Hardship in German Codified Private Law – In Comparative Perspective to English, French and International Contract Law ». European Review of Private Law 15, Issue 4 (1 août 2007) : 483–513. http://dx.doi.org/10.54648/erpl2007028.
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Abstract: This article analyzes the German, English and French law if and how contracts can be terminated or amended in response to unforeseen events. In addition, it describes the solutions in the UN Convention on Contracts for the International Sale of Goods (CISG), the Principles of European Contract Law (PECL) and the UNIDROIT Principles on International Commercial Contracts. The starting point of this article is German law with its doctrine of Störung der Geschäftsgrundlage established by the courts in the 1920’s and recently codified in § 313 BGB. The new provision requires a fundamental change in circumstances upon which a contract was based and that it is unreasonable to hold the party bound to its (unchanged) duty. The article then stresses some parallels to the English frustration law, though English Courts have no power to revise the contract, whereas this is the primary remedy in German law. Taking French law into account, which still rejects the concept of imprévision, English law is thus placed between the Germanic and Romanic legal solutions. French law only knows force majeure which officially results in tout ou rien, though there is some trend towards accepting an obligation de renégociation. While article 79 (1) CISG is not dealing with the change of fundamental circumstances or the adjustment of contracts, article 6:111 PECL and articles 6.2.1 to 6.2.3 UNIDROIT Principles provide for this. The fact that they do not just allow for a termination of the contract, but also its juridical adaptation to restore the equilibrium is a trend that should be welcomed from the perspective of European and international contract law. Résumé: Cet article analyse au niveau des droits allemand, anglais et français la question de la résiliation ou de la modification des contrats suite à des évènements imprévus. De plus, il décrit les solutions de la Convention des Nations Unies sur les Contrats de Vente Internationale de Marchandises (CVIM), des Principes de droit européen des contrats (PECL) et des Principes UNIDROIT relatifs aux contrats du commerce international. Le point de départ de cet article est le droit allemand et sa doctrine de Störung der Geschäftsgrundlage [see above]. instauré par les tribunaux dans les années 1920 et codifié récemment par le § 313 BGB. Cette nouvelle disposition requiert deux conditions: un changement important des circonstances à la base du contrat et qu’il ne soit pas équitable d’exiger l’exécution par la partie de son obligation contractuelle (non modifiée). Des parallèles sont ensuite tracés avec le droit anglais de l’impossibilité d’exécution, et ce bien que les tribunaux anglais n’aient pas le pouvoir de modifier le contrat alors que c’est le recours principal du droit allemand. Au vu du droit français, qui rejette encore le concept d’imprévision, le droit anglais est donc situé entre les solutions germaniques et romanes. Le droit français connaît uniquement la force majeure qui se solde officiellement par tout ou rien, bien qu’il existe une certaine tendance vers l’acceptation d’une obligation de renégociation. Alors que l’article 79 (1) CVIM ne concerne par le changement des circonstances à la base du contrat ou la modification des contrats, l’article 6:111 PECL et les articles 6.2.1 à 6&peri
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Hadăr, Alexandra, et Anca Alexandra Purcărea. « A new set of performance indicators for improving the capitalization process of Intellectual Property ». Proceedings of the International Conference on Business Excellence 11, no 1 (1 juillet 2017) : 994–1008. http://dx.doi.org/10.1515/picbe-2017-0104.
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Abstract Performance indicators of technology transfer/knowledge activity, of intellectual property capitalization in a technical university as well as those referring to the monitoring of academic entrepreneurship are closely correlated, in terms of objectives and strategies adopted at European level, in the context of the third mission undertaken by universities of the XXI century. So far, a systematic research on the development about the capitalization process of intellectual propertytechnical universities in Romania was not conducted. In this context, the analysis and adoption of a new set of indicators for monitoring and evaluating institutional performance, appropriate to an optimization model applicable in academic environment, is required to support the growth of its competitiveness. The present analysis involved the achievement of a research in two stages, one quantitative and the other qualitative, defining, in a rational manner, the set of indicators for monitoring and evaluating the institutional performance. Analysis began with a quantitative research, where the number of indicators, originally envisaged, was limited. Following this research there were retained only the indicators having a weight of over 50%. For a better formulation of the problem investigated and for some conceptual clarification it was achieved a qualitative research, conducted through a focus group, two authors scrolling two such research. Following qualitative research, carried out in order to classify indicators for monitoring and evaluation the performance analysis of technology transfer / knowledge within a public research organizations, i.e. a technical university, we decided the importance ranking of the first three indicators: a) the number of direct contracts with the socio - economic environment; b) the number of contracts and research projects financed through competitive mechanisms, in collaboration with partners from outside the academic environment and c) the revenue generated from the commercialization of knowledge from higher education institutions (revenue from licenses, income from royalties etc.).
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FARCA, Laura-Alexandra, et Dacian C. DRAGOŞ. « Resilience in Times of Pandemic : Is the Public Procurement Legal Framework Fit for Purpose ? » Transylvanian Review of Administrative Sciences, Special Issue 2020 (23 novembre 2020) : 60–79. http://dx.doi.org/10.24193/tras.si2020.4.
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"This article aims to analyze whether the legislation enacted in the field of public procurement in Romania, based on the 2014 EU Directives, is effective in fostering resilience of the public institutions and indirectly of communities, and to provide a fit-for-purpose mechanism for dealing with the pandemic generated by the new type of coronavirus, Sars-CoV-2. The article discusses the necessity of new rules meant to promote swiftly purchases during the state of emergency. Undoubtedly, the pandemic generated crisis has raised some serious challenges to which public procurement regulations is in principle properly equipped to deal with: urgent need for supplies, works and services, but also unemployment or protection of other disadvantaged categories of people. We argue that resorting to specific tools (negotiated procedures, framework-agreements, centralized procurement, sustainable and social procurement, reserved contracts) when carrying out swift interventions generated by the pandemic would have been more suitable during this health crisis or even for preventing the effects of this pandemic. Instead, the attention of the legislator has been concentrated only on (unnecessarily) exempting the swift purchases of medical equipment from the rule of law. "
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Martínez, Rafael Viruela. « The Romanian Migrants in Spain. An Exceptional Migratory Flow ». International Review of Social Research 1, no 1 (1 février 2011) : 31–59. http://dx.doi.org/10.1515/irsr-2011-0002.
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Abstract The Romanian population is the most important foreign population in Spain. Romanian migrants are characterized by their large number (about 800.000 residents and 268.000 contract workers) and their rapid growth. The economic and labour motivation for migration determines their geographical distribution, with high numbers of Romanian migrants in cities and in areas of agricultural, industrial and tourist industries. However, a high proportion of Romanian migrants also live in small towns and rural areas. Most of them were already illegal migrants when Romania entered the EU and they became EU citizens. From January 1st 2009, these once illegal migrants now have full freedom of employment in Spain. They adapt to circumstances of each period of time, in order to enter or to remain in the Spanish labour market. Most work in construction and agriculture as well as domestic services, trade, tourism and industries. The current economic crisis and the resulting unemployment have raised the issue of return migration to Romania.
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Chikhachev, Aleksei. « The European Turn in France’s Arms Export ». Scientific and Analytical Herald of IE RAS 20, no 2 (30 avril 2021) : 85–92. http://dx.doi.org/10.15211/vestnikieran220218592.
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This article analyzes a new trend in the arms export policy of modern France – an increasing share of European countries in the geographical structure of sales. Based on statistics and examples, regional priorities of French export before Emmanuel Macron’s presidency are identified; the reasons for the turn towards Europe at present stage and its possible limits are studied. The author draws attention to the fact that until recently, the Middle East and Asia have been key partners of France, providing two thirds of international demand for the products of French defense industry. However, today their role is declining in favor of the EU countries: Belgium, Romania, Greece, etc., with which Paris has signed a series of major contracts in 2018–2021. This development primarily stems from a difficult foreign policy context forcing the EU members to allocate more funds for defense needs, as well as from temporary difficulties in France’s relations with Middle Eastern clients. The author concludes that the «Europeanization» of sales is likely to continue but it is too early to talk about a full reorientation of French exports towards Europe. A more realistic task Paris de facto solves is to balance its export structure by diversifying the range of customers.
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Bogachov, Sergey V., et Sergey I. Kravchenko. « Financial and Tax Regulation of the Housing and Utilities Sector : Foreign Experience ». Financial Journal 14, no 3 (juin 2022) : 102–15. http://dx.doi.org/10.31107/2075-1990-2022-3-102-115.
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The article is devoted to solving the urgent task of the expanding the sources of extrabudgetary funding of the housing and utilities secor through the use of elements of tax regulation. The purpose of the study is to analyze and summarize the literature on foreign experience in financing and tax regulation of the housing and communal sphere and to assess the possibilities of its application in Russian practice. Methods of comparison, grouping, logical generalization, tabular presentation of data, expert evaluations were used for the study. As a result of the research, the features of the housing and utilities sphere as an object of financial and tax regulation were revealed. The authors characterized the models and methods of financing of sector used in the EU countries, the USA, China and India, including the degree of state intervention, distribution of powers and responsibilities by management levels, use of the mechanism of publicprivate partnership, creation of joint ventures with foreign capital, issue of infrastructure bonds, implementation of energy saving programs. The approaches to issuing municipal infrastructure bonds in the U.S. and India are presented. Attention is focused on the differences in the distribution of EU countries in terms of the volume and structure of the use of the public-private partnership mechanism. The sources of financing for the implementation of energy efficiency projects in the EU countries are systematized. The article analyzes the foreign practice of tax regulation to increase the investment attractiveness of financial instruments in the modernization of utility infrastructure facilities, exemption from taxation of municipal infrastructure bonds in the United States and India, and improving energy efficiency in the housing sector through the use of tax incentives for the implementation of energy efficiency projects and energy service contracts in Italy, the Netherlands, Romania, Slovenia, the Czech Republic and Sweden. The article also substantiates the possibilities of adapting those methods of financial and tax regulation of infrastructure bonds turnover and implementation of energy service contracts to expand non-budgetary sources of the housing and communal sphere financing in the Russian Federation.
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Fabricant, Carule. « Riding the Waves of (Post)Colonial Migrancy : Are We All Really in the Same Boat ? » Diaspora : A Journal of Transnational Studies 7, no 1 (mars 1998) : 25–51. http://dx.doi.org/10.3138/diaspora.7.1.25.
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I would like to begin by juxtaposing two very different pictures of global travel taken from recent articles in the popular media and considering their implications both for contemporary postcolonial theory and for our readings of “third world” fictional texts. In one article from the summer of 1997 (Newton 6-7), the Los Angeles New Times displayed on its cover a slender man in his thirties staring hopelessly out from behind a barred window. The caption read: “No Way Out: Romanian Gavrila Moldovan Risked His Life to Come to America. The INS Promptly Locked Him Up on Terminal Island. Three and a Half Years Later, He’s Still in Jail.” The accompanying story described Moldovan’s desperate flight out of Romania after being declared a “noncitizen” for writing an anti-government news article, which rendered him vulnerable to immediate arrest, and after his parents died in a suspicious car “accident.” Having slipped aboard a container ship bound for the United States together with some fellow countrymen (three of whom died en route), he was discovered and unceremoniously dumped ashore in Panama, only to stow away shortly thereafter on another container ship headed for the Port of Los Angeles. After finally reaching his destination, a “euphoric” Moldovan explained to the US authorities awaiting him at the port: “I come here to be in freedom.... ’” His “welcome” consisted of being arrested and locked up in the INS Processing Center on Terminal Island, in which, though never charged with any crime, he remained for several years before being transferred to Kern County Jail in Bakersfield, where he is currently languishing amongst a population of men awaiting trial for serious crimes (6-7)—one of thousands of refugees and immigrants who have been, and continue to be, incarcerated in prisons that have contracts with the INS, for lack of proper documents, for minor infringements of the law, or because they are denied political asylum despite compelling evidence of their vulnerability to government reprisal at home.
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Pál, Előd. « A részvénytársasági vezető tisztségviselő megbízásának megszűnése egy román jogegységi határozat tükrében ». Erdélyi Jogélet 3, no 1 (26 octobre 2020) : 59–70. http://dx.doi.org/10.47745/erjog.2020.01.05.
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The legal relationship between the joint-stock company and its (chief) executive officer is based on the rules applicable to the contract of mandate, according to the Romanian Act on Companies. For this reason, the rules set forth in the case of contracts of mandate by the Romanian Civil Code (RCC) must be used with regard to the creation, the contents, and the cessation of the authority of the chief executive. Among its provisions pertinent to the cessation of this contract, inter alia, the RCC refers explicitly to the possibility that it may cease not only when the reasons provided for in the norms specifically regulating the contract of mandate subsist but also in the generally provided cases when the effects of contracts (as instruments) cease to exist. Such a general case is, e.g., the expiry of the duration of the contract. Regarding the authority of the executive officer, however, courts have interpreted the effects of the expiry of the duration of the contract divergently, wherefore the High Court of Cassation and Justice has set a unitary direction for interpretation by way of a decision for the unification of jurisprudence. The statements and conclusions contained in this decision are, in my view, subject to debate. In the following study, I provide a critical analysis of the statements and conclusions contained in the decision for the unification of jurisprudence based on the statutory provisions of the law currently in force.
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Chirieac, Roxana Maria. « Considerations on penalty clauses : regulation and enforceability ». Proceedings of the International Conference on Business Excellence 15, no 1 (1 décembre 2021) : 893–902. http://dx.doi.org/10.2478/picbe-2021-0082.
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Abstract Penalty clauses are regulated in the Romanian law through the provisions of the civil Code. These types of clauses are frequently inserted in commercial contracts in order to ensure that all contracting parties will respect their obligations, or will pay the pre-evaluated damages considered by the parties at the conclusion of the contract. As opposed to the common-law regulations, the continental law systems allow and support such clauses, mainly because of the liberty of the parties when concluding a contract; nevertheless, our legislation, as other European legislations allow the mutability of penalty clauses, when they are deemed excessive. In the present study, we aimed to analyze the nature of the penalty clause in the Romanian regulations, as well as study their applicability in commercial contracts, especially when inserted in contracts that are concluded over longer periods of time for the supply of services. We aim to understand if such a clause might be deemed inapplicable if one of the parties decides upon the termination of the contract ahead of term or simply wants to reduce the clause in order to pay a lesser penalty. The legislation states that such clauses may be amended by the court when part of the principal obligation was partly upheld by the party and its execution has profited the creditor, or when the penalty is “manifestly excessive” as opposed to the prejudice that could have been foreseen by the parties at the conclusion of the contract. Based on the current state of legislation, while analyzing doctrine and jurisprudence, we aim to underline what a manifestly excessive penalty should be.
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Veress, Emőd. « A kezességi szerződés szabályozása a román Polgári törvénykönyv rendszerében ». Erdélyi Jogélet 3, no 1 (26 octobre 2020) : 71–83. http://dx.doi.org/10.47745/erjog.2020.01.06.
Texte intégralRésumé :
The author of the following study presents the institution of surety as it is regulated in Romanian civil law. The notion of surety (in the sense of the person offering the guarantee) is presented, as well as the legal nature of the surety contract, and its defining characteristic of an accessory guarantee as well as the conclusion of the contract and the formal and material requirements for its validity. In the following, the author presents the various types of surety regulated in Romanian civil law. Regarding the effects of the surety contract the study presents the legal consequences specifically regulated in Romania, which arise when the debtor fails to respect his obligations. In the final part of the study, the reasons for the cessation of the effects of the surety contract, are presented, with special emphasis on the death of the surety (natural person), which, contrary to the apparent meaning of the legal text, does not result in the cancellation of any debt owed by the deceased surety in virtue of the surety contract. This debt shall remain due as part of the surety’s estate.