The study presents two recent solutions of the CJEU in interpreting some of the provisions of Directive no. 2000/78/EC establishing a general framework for equal treatment in employment and occupation, regarding the internal regulations of an undertaking prohibiting workers from bearing visible signs of political, philosophical or religious nature at work, and the request of a client of the employer that the work should not be performed by a ...

This study aims to draw attention to legislative inconsistencies that exist in the matter of suspension of work, by comparatively analyzing statutory regulations of professional categories which were considered relevant to the intended purpose. The analysis does not have as a target the whole institution suspension of work, only that segment on suspension from office due to involvement of the person in criminal investigation and only those si...

Le présent étude se propose de présenter le cadre normatif communautaire qui précise le procédé concernant l’admission et le séjour des ressortissants des pays tiers sur le territoire des états membre qui est stipulé par le directive 801/2016, acte normatif dont les prescriptions doivent être transposé dans la législation des états membres jusque le 23.05.2018. Cette étude est destinée à une problématique qui, apparemment, intéresse se...

The notion of „civil servant” and its relationship with the public authority, in all its forms of manifestation, is critically relevant in view of the fact that it is the active subject of the bribery offense. At the same time, the regulations in the administrative legislation, as well as the decisions of the Constitutional Court of Romania and of the High Court of Cassation and Justice, clarify the scope of the understanding of this no...

The meaning of the concept of „worker” and „working time”, both in general and in particular for certain areas of activity, has been outlined and explained within the framework of the Union’s rules and CJEU jurisprudence. The jurisprudence of the Court on the working time of healthcare workers is of particular importance for the correct application of the provisions of Directive 2003/88/EC. One of the controversial situations on which the Cou...

Decision of the Superior Council of Magistracy no. 325/2005 for the approval of the Regulation on the holidays of judges and prosecutors[1] was recently amended by several normative acts, the most important amendments being made by the Decision of the Superior Council of Magistracy no. 327/2015[2]. Among the amendments made to the Regulation on the Holidays of Judges and Prosecutors of Decision no. 327/2015, among other things, is the situatio...

Our law, unlike the French law does not establish the procedure to follow in case of termination of employment by mutual consent. Therefore, since this is, after all, a contract, we will use general rules of the common law regarding the offer (initiative termination of those relationships) and acceptance of the offer by its recipient. It is about the symmetry rule: the contract is the result of agreement – mutuus consensus – and in his closure...

The criminal liability in labour law certifies the importance granted by the authorities to workers protection, not only by establishing very elaborate labour law provisions, but also by penalising those employers which do not observe the employees rights. In order to draw clear boundaries between a minor offence and a more serious breach of law in the employers conduct, it is required a very good knowledge of the specific labour laws p...

Cette étude vise à présenter de nouveaux règlements adoptés au niveau européen en matière d’accès à une éducation de qualité et à la formation des étudiants de ressortissants de pays tiers souhaitant étudier sur le territoire d’un État membre. Le nombre croissant d’étudiants des pays tiers qui sont admis à étudier dans les programmes éducatifs développés en coopération avec des unités similaires d’un pays tiers, à la culture et l’échange des c...

One of the legal obligations of any employer in Romania is to ensure the safety and health of workers in all aspects of work. To this end, even from the beginning of the employment relationship and even with a view to concluding an individual employment contract, the worker must present a medical certificate confirming the person’s ability to perform the work for which he is employed. During work relationships, employers have to bear the neces...