Jurnalul de Studii Juridice

Review of Cristina Codruta HAGEANU – “Dreptul familiei” ( "Family law") , Publishing House: Hamangiu, Bucharest, Romania, 2023, pp.499

Nadia Cerasela Anitei — Wed, 20 Dec 2023 00:00:00 +0200

In November 2023, the 3rd edition of the course Family Law, author Codruța Hageanu, lecturer at the Lucian Blaga University in Sibiu, appeared at the Hamangiu Publishing House in Bucharest. The first two editions of the work also carried the reference to civil status documents in the title, but in the 3rd edition, the author gave up this reference, preferring a new structure, in which the patrimonial part of family law is presented separately from the relations of family that do not have this component. The course is complex and complete, even if not exhaustive, in which the didactic experience, but also that of a legal practitioner (the author was a judge and university teacher for a quarter of a century, and is currently a lawyer) is revealed both through the clear exposition and orderly organization of institutions, as well as by trying to provide solutions to controversial issues in an attractive and difficult field at the same time.

Public versus Political Decision in Administrative Space

Madalina-Elena Mihailescu — Wed, 20 Dec 2023 00:00:00 +0200

This article aims to make a brief review of some important issues related to the "opening" of the administration to citizens in Romania and to describe, briefly, some recent decisions taken by various local councils in large cities of Romania (such as Cluj-Napoca, Iasi, Craiova or Galati) and which testify to the willingness of local and central authorities to really address those on whom their decisions will really produce their effects. To our pleasant surprise, we found that in most cases the decisions taken in recent years at the local level in our country have dealt with issues that demonstrate the connection of local councils and mayors to issues of greatest interest to the community: urban planning issues, environmental quality, air quality, support for disadvantaged and sensitive groups in society or issues related to the chances of involving young people in the community. In the last 20 years the public sector offered citizens the opportunity to be actively involved in the life of the city and in the decision-making process, which demonstrates the approach of the Romanian authorities to the European trend of transparency in the decision-making environment, but also the application of the principle of subsidiarity as a fundamental principle of the Romanian administration.

Decision no. 11591/2022/ 07.11.2022/Court, Iasi/Misdemeanour Complaint

Nadia Cerasela Anitei — Wed, 20 Dec 2023 00:00:00 +0200

Complainant X formulates a contravention complaint at the Suceava Court against the Official Report of Violations, Series ..., no... of 19.01.2022 and the Official Report of Violations Series ...., no .... of 19.01.2022, concluded at the headquarters of the Public Health Department of Iași County-Public Health Control Service and communicated on the date of . ... concluded by the health inspector of the DSP Iasi, whereby I was fined 3000 lei for "failure by the person entering the territory of Romania to complete the Digital Entry Form for Romania-SII-FDIR within 24 hours of entry into the country, according to art.2 paragraph (4) of GEO NR.129/2021, recorded in the report of the observation of sanitary and hygienic conditions no.106603 dated 19.01.2022, made on 10.01.2022, 12:55 PM... Within a maximum of 15 days from the date of delivery or communication of the official report of the finding and sanctioning of contraventions, he will be able to pay half of the minimum fine provided by the normative act, namely 1000 lei".

Against these minutes, in accordance with the provisions of art. 31 para. 1 of OG. no. 2/2001, approved with amendments and completions by Law no. 180/2002, and art.118 para.1 of OUG 195-2002, the contravention complaint was formulated. In the course of the trial, the petitioner X took note of the respondent's position and asked the court to find: 1. "the contravention of the contravention of the offence held against the complainant by the report of the contravention" as a result of the fact that the legal conditions for admitting the complaint are not met, the consequence being the annulment of the report of the contravention as stated by the respondent; 2. The restitution of the amount of 1000 lei paid as a fine that was applied and which was paid to the "Local Taxes and Duties Directorate, Iasi" by "Receipt for the collection of local budget debts", in the amount of 1000 lei (Exhibit 4) representing "half of the minimum fine provided for by the normative act, namely 1000 lei" established by the Official Report of the contravention.

Measures to Reconcile Work and Family Life for Public Administration Staff in Spain

Juan Luis García Ríos — Wed, 20 Dec 2023 00:00:00 +0200

This article aims to analyse the peculiarity of the measures encompassed under the concept of work-life balance within the scope of Public Administrations in Spain and in reference to the staff working in the service of these Administrations. The aim is not only to analyse the structure of these measures as a whole, but also to show how the complexity of the public employment model in Spain, together with the territorial and administrative organisation, is clearly reflected in the public employment model and, by extension, in the work-life balance measures from a legal point of view. Analysing this model, which aims to make work-life balance a reality in the field of public employment, is relevant at this time due to the important changes in terms of work-life balance which are taking place in the context of the European Union and which are consequently reflected in the internal legal system of the Member States, where the impact on public administration staff has a peculiarity, which needs to be analysed and highlighted in order to understand a dispersed, complex and unfinished model.

Study of the Figure of the Non - Professional Caregiver. Special Reference to the Right to Permanent Disability. Legal Problems that Arise and Possible Solutions

María Encarnación Gil Pérez — Wed, 20 Dec 2023 00:00:00 +0200

Law 39/2006, of December 14, 2006, gave new recognition to the hitherto "invisible" figure of the non-professional caregiver, referring to the person in the family or environment of the dependent person, who provides non-professional care at home.The non-professional caregiver is the person who is in charge of the care of a family member or close person in a situation of dependency, and does not exercise this activity as a professional activity, as derived from its name, neither on his own account nor on behalf of others, since, as we are going to analyze, he does not meet all the requirements that the law demands for the existence of an employment relationship on behalf of others, such as the alien nature, dependence, remuneration, voluntariness and power of organization of the employer, nor as an employer. In these circumstances, the question that arises in this study is whether the non-professional caregiver can be the beneficiary of a total permanent disability benefit, under the special agreement regulated in Royal Decree 615/2007 and Order TAS/2632/2007. We can affirm that most of the people who are caregivers of dependent persons are women who have performed invisible work over the years, assuming the care of their relatives, without the support of the public administration and within the domestic sphere with no help other than that of the family organization. Hence the importance of the latest legislative reforms that makes these figures visible and gives them some rights.

The Controversial Maternity Supplement Due to Demographic Contribution: Practical Issues and Regulatory and Judicial Responses

Catalina Smintinica — Wed, 20 Dec 2023 00:00:00 +0200

This paper addresses the study and analysis of the establishment of the maternity supplement towards the current contributory pension supplement for the reduction of the gender gap from three key points. In the first place, and to understand the establishment of the pension supplement, the basis and legal regime of the so-called maternity supplement is analysed. Secondly, the arguments of the CJEU of 12 December 2019, case C-450/18 are set out, which, as a result of the practical application of the maternity supplement for demographic contribution, declared that there was direct discriminatory treatment on grounds of sex between men and women and that the Spanish legislation was contrary to Council Directive 79/7/EEC, of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security. Likewise, due to its relevant interest in the matter, the latest CJEU in the matter is addressed, specifically the CJEU of 14 September 2023, case C-311/22. Finally, the legal regime of the new pension supplement for the reduction of the gender gap is briefly described.

Maternity and Paternity Leave in the Case of Single-parent Families. Problems and Proposals

Milena Bogoni — Wed, 20 Dec 2023 00:00:00 +0200

The Spanish regulatory framework on Work-Life balance and co-responsibility has evolved slowly but continuously in recent decades, constantly hand in hand with European social law. The advances have been notable, although there are still certain areas in which the legislator is reluctant to enter. One of them is that of single-parent families. The data shows that it is a family model that is on the rise and that both the parents in charge and the boys and girls who make it up need protection. In terms of conciliation and co-responsibility, specifically, studies show that a specific adjustment is necessary so that this fundamental right can be exercised and protected within the framework of all types of families, including those where there is only one parent, and this is impossible to share parenting in a co-responsible way. The classic schemes and mechanisms of reconciliation policies must be rethought, modulating alternatives that consider novel issues such as the “best interests of the child” or “parenting in a network”. In order to operate this change of perspective, a study of the existing regulations is proposed considering the most advanced jurisprudential debate related to the accumulation of birth permits in the assumption of single-parent families.

Legal Regime of Acquisition of Land Ownership by Newly Formed Families in the Republic of Moldova

Grigore Ardelean, Oxana Ivanov — Wed, 20 Dec 2023 00:00:00 +0200

During the transition period of the Republic of Moldova from the planned economy to the one based on free trade, fair competition, etc., including from the public property of the Soviet state to the private property of individuals, the need to establish a clear regime for acquiring and exercising the right to land ownership had become a strict one. In parallel, with the adoption of the Land Code, in addition to the appropriation of agricultural land, it was also decided to assign land to newly formed families in order to help them develop a family, ensure decent living conditions, demographic growth and prevent emigration. Since then, when the legislative framework in the field was developed in a hurry, with many shortcomings and ambiguities, and up to the date of writing this article, the legislator has not taken any measures to rectify the legal situation regarding the acquisition of land ownership by families newly formed. Thus, against the background of the respective problem, we are determined to investigate the problem as a whole, trying to offer solutions, but also suggestions to the legislator to change the attitude of the public authorities responsible for assigning these lands.