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Research paper thumbnail of The Role of the European Committee for Social Rights (Ecsr) in the European System for the Protection of Human Rights. Interactions with Echr Jurisprudence

Perspectives of Business Law Journal, 2013

Upon its foundation in 1961, the European Committee for Social Rights (ECSR) was meant to be a co... more Upon its foundation in 1961, the European Committee for Social Rights (ECSR) was meant to be a counterpart of the European Court of Human Rights (ECHR) in the field of economic, social and cultural rights, i.e. an international body of control regarding the manner in which states understand to respect human rights. But, given the fastidious contents of ESCR and for political reasons, ECSR has never enjoyed the same guarantee mechanisms or level of accessibility that have characterized ECHR. The aim of this study is to show that, in spite of such flaws, the ECSR has proven its efficiency in the European system for the protection of human rights. The analysis of its decisions, as well as their interactions with the ECHR jurisprudence proves that the flexible and protectionist decisions of this jurisdictional body command authority and their coercive nature is recognized at national level. Moreover, this body has an important influence on ECHR. The jurisprudential interpretations of ECSR may also serve as reference points for national users (lawyers, magistrates, organizations), which makes it even more necessary to know and understand it at this level.

Research paper thumbnail of The Justiciability of Economic, Social and Cultural Rights via the Principle of Indivisibility of Human Rights – An Illustration: The Right to Food

Romanian Statistical Review Supplement, 2013

Research paper thumbnail of The Justiciability of Economic, Social and Cultural Rights via the Principle of Indivisibility of Human Rights – An Illustration: The Right to Food

Romanian Statistical Review Supplement, 2013

Research paper thumbnail of The Dignity in Law - Searching for a Definition

Falling back upon the contact between dignity and law, this has taken place in 1948, at the Unive... more Falling back upon the contact between dignity and law, this has taken place in 1948, at the Universal Declaration of Human Rights. Hence froward, the concept was to be taken in hand by almost every international convention regarding economic, social and cultural rights, along with civil and political rights, being assimilated – on legal or constitutional level- by a considerable part of the national european legislation, while making a clean career of what, during the ‚60’s, was to be known as ‚bioetica-dignity’, the key-concept of the regulatory documents regarding bioetics.

Research paper thumbnail of The employee’s right to privacy in the digital era

The Article aims at synthetically exposing the complex and nuanced manner in which the collision ... more The Article aims at synthetically exposing the complex and nuanced manner in which the collision between the employee's right to private life and the managerial prerogative of the employer is legally and jurisprudentially dealt with, under the aspect of monitoring the use of IT and CT equipment at the work place. As follows, the article also analyzes the effectiveness of the Romanian regulations under this aspect, together with their compatibility with the level of protection ensured for the employee at European level.

Research paper thumbnail of Considerations on the efficiency of procedures established by GO no. 137/2000 concerning the prevention and sanctioning of all forms of discrimination in the field labour relations

As emphasized by the doctrine, Government’s Ordinance no. 137/2000 concerning the prevention and ... more As emphasized by the doctrine, Government’s Ordinance no. 137/2000 concerning the prevention and sanctioning of all forms of discrimination represents the common law in the matter of forbidding discrimination. The ordinance is thus equally applicable to all discriminatory situations arising in a working environment. To emphasize the seriousness of discrimination, the legislator made more procedural options available to discrimination victims, some of which also include the control of the institution in charge (CNCD). However, in the context of special legal provisions of labor jurisdiction, there is the risk of multiplying and mutually impairing simultaneous legal actions concerning the same decision of the employer. In order to reconcile the necessity to avoid parallel lawsuits with the legislator’s intention to adequately and efficiently sanction discrimination, the article aims to offer a few suggestions for adjusting such inadvertencies.

Research paper thumbnail of The Role of the European Committee for Social Rights (Ecsr) in the European System for the Protection of Human Rights. Interactions with Echr Jurisprudence

Perspectives of Business Law Journal, 2013

Upon its foundation in 1961, the European Committee for Social Rights (ECSR) was meant to be a co... more Upon its foundation in 1961, the European Committee for Social Rights (ECSR) was meant to be a counterpart of the European Court of Human Rights (ECHR) in the field of economic, social and cultural rights, i.e. an international body of control regarding the manner in which states understand to respect human rights. But, given the fastidious contents of ESCR and for political reasons, ECSR has never enjoyed the same guarantee mechanisms or level of accessibility that have characterized ECHR. The aim of this study is to show that, in spite of such flaws, the ECSR has proven its efficiency in the European system for the protection of human rights. The analysis of its decisions, as well as their interactions with the ECHR jurisprudence proves that the flexible and protectionist decisions of this jurisdictional body command authority and their coercive nature is recognized at national level. Moreover, this body has an important influence on ECHR. The jurisprudential interpretations of ECSR may also serve as reference points for national users (lawyers, magistrates, organizations), which makes it even more necessary to know and understand it at this level.

Research paper thumbnail of The Justiciability of Economic, Social and Cultural Rights via the Principle of Indivisibility of Human Rights – An Illustration: The Right to Food

Romanian Statistical Review Supplement, 2013

Research paper thumbnail of The Justiciability of Economic, Social and Cultural Rights via the Principle of Indivisibility of Human Rights – An Illustration: The Right to Food

Romanian Statistical Review Supplement, 2013

Research paper thumbnail of The Dignity in Law - Searching for a Definition

Falling back upon the contact between dignity and law, this has taken place in 1948, at the Unive... more Falling back upon the contact between dignity and law, this has taken place in 1948, at the Universal Declaration of Human Rights. Hence froward, the concept was to be taken in hand by almost every international convention regarding economic, social and cultural rights, along with civil and political rights, being assimilated – on legal or constitutional level- by a considerable part of the national european legislation, while making a clean career of what, during the ‚60’s, was to be known as ‚bioetica-dignity’, the key-concept of the regulatory documents regarding bioetics.

Research paper thumbnail of The employee’s right to privacy in the digital era

The Article aims at synthetically exposing the complex and nuanced manner in which the collision ... more The Article aims at synthetically exposing the complex and nuanced manner in which the collision between the employee's right to private life and the managerial prerogative of the employer is legally and jurisprudentially dealt with, under the aspect of monitoring the use of IT and CT equipment at the work place. As follows, the article also analyzes the effectiveness of the Romanian regulations under this aspect, together with their compatibility with the level of protection ensured for the employee at European level.

Research paper thumbnail of Considerations on the efficiency of procedures established by GO no. 137/2000 concerning the prevention and sanctioning of all forms of discrimination in the field labour relations

As emphasized by the doctrine, Government’s Ordinance no. 137/2000 concerning the prevention and ... more As emphasized by the doctrine, Government’s Ordinance no. 137/2000 concerning the prevention and sanctioning of all forms of discrimination represents the common law in the matter of forbidding discrimination. The ordinance is thus equally applicable to all discriminatory situations arising in a working environment. To emphasize the seriousness of discrimination, the legislator made more procedural options available to discrimination victims, some of which also include the control of the institution in charge (CNCD). However, in the context of special legal provisions of labor jurisdiction, there is the risk of multiplying and mutually impairing simultaneous legal actions concerning the same decision of the employer. In order to reconcile the necessity to avoid parallel lawsuits with the legislator’s intention to adequately and efficiently sanction discrimination, the article aims to offer a few suggestions for adjusting such inadvertencies.