Andrei Moise - Academia.edu (original) (raw)
Papers by Andrei Moise
Perspectives of Business Law Journal, 2014
The recent redrafting of the corporate governance legal frame at the European level, with emphasi... more The recent redrafting of the corporate governance legal frame at the European level, with emphasis on its functions of valorization and security of shareholders' rights, maximizing profits and minimizing risks, raises the balance issue between the above stated goals and the necessity for compliance with employees' rights. In this context, we intend to analyze the possibility for the labour regulations to be completed or substituted by the "soft-law" regulations, product of corporate governance, to identify the degree of stability, transparency and predictability of the employer-employee relationship and to identify the reconciliation methods between the apparently differing objectives of corporate governance and protection of employees' rights. The study performs an analysis of the cases in which relevant provision form both corporate law and labour law are applicable, providing also practical examples from the real business environment, a comparative analysis of the relevant legal provisions from the principal EU member states and also an examination of the relevant doctrine. The research results indicate the negative effect of the poor implementation of the corporate governance rules over employees' rights, but also the fact that compliance with employees' rights can be and should be an instrument of the effective and transparent corporate governance rather than a barrier, providing several directions for improving the labour relations in the corporate environment.
Technium Social Sciences Journal, Mar 6, 2023
In the process of drafting the law and, subsequently, in its application, the principle of legali... more In the process of drafting the law and, subsequently, in its application, the principle of legality of incrimination requires compliance with certain conditions. Because of this, in the process of creating the law, it is mandatory that depending on the social realities, the legislator to incriminate deeds of certain gravity, committed over time, facts that raise the issue of risk and fear that they could repeat, endangering or even harming social values that must be protected by criminal law. Articles 228-230 of the National Criminal Code go beyond prohibition of the retrospective application of criminal is susceptible of several meanings, these terms or expressions will be explained even in the law, as the case may be, in the General Part or in the Special Part of the Criminal Code. The court has the obligation to comply with the criteria for individualizing the sentence, as well as the methods of execution as they were provided by law. These principles are held together by the importance of preserving the values of patrimony and to sustain the base principles of the Constitution and even the Human Rights Carta.
Technium Social Sciences Journal, Mar 6, 2023
The penal law contains an ensemble of norms; rules of conduit which are enforced by criminal pena... more The penal law contains an ensemble of norms; rules of conduit which are enforced by criminal penalties. The penal law in reagard of theft is mandatory from the moment of its enforcement and it lasts, in time, until its abrogation. During the time of the enforcement, the penal law is active and is applied to all committed offences. Time limitation of the penal law represents an important part of the theory of penal law, first, because the penal law enforcement is limited in time, and second, the offences are committed in relation with the penal law. So, the penal law is applied to all crimes against patrimony offences committed while the penal law is enforced (active).The penal law doesn't apply to the offences committed prior to its enforcement (the law is not retroactive), or to those committed after the law was abrogated (ultraactivity).The study also refers to the situation of concurrence of the offencesinregard to theft crimes, the duration and limits of the efficiency of the penal law, retroactivity, and abolition of an offence, applying the mitior lex principle, the cases when the penal law is retroactive or ultraactive.
Scholars international journal of law, crime and justice, Jul 28, 2020
Applying a similar legal provision or resorting to the principles of law, in the matter of privat... more Applying a similar legal provision or resorting to the principles of law, in the matter of private law, the judge has the duty to resolve any case when there is a lacunar legislation. Unlike in private law, in criminal law this is impossible, as there are two principles that prevent the court from establishing new facts as crimes and applying punishments that are not expressly provided by criminal law, namely the principle of legality of incrimination (nullum crime sine lege) and the principle of legality of punishment (nulla poena sine lege). In the present study we aimed to analyze the extent to which these principles of criminal law find their expression in the jurisprudence of the European Court of Human Rights. Keywords: European Court of Human Rights, European Convention on Human Rights, jurisprudence, criminal law, principle of legality of incrimination (nullum crime sine lege), principle of legality of punishment (nulla poena sine lege).
Technium Social Sciences Journal
In the process of drafting the law and, subsequently, in its application, the principle of legali... more In the process of drafting the law and, subsequently, in its application, the principle of legality of incrimination requires compliance with certain conditions. Because of this, in the process of creating the law, it is mandatory that depending on the social realities, the legislator to incriminate deeds of certain gravity, committed over time, facts that raise the issue of risk and fear that they could repeat, endangering or even harming social values that must be protected by criminal law. Articles 228-230 of the National Criminal Code go beyond prohibition of the retrospective application of criminal is susceptible of several meanings, these terms or expressions will be explained even in the law, as the case may be, in the General Part or in the Special Part of the Criminal Code. The court has the obligation to comply with the criteria for individualizing the sentence, as well as the methods of execution as they were provided by law. These principles are held together by th...
Technium Social Sciences Journal
The penal law contains an ensemble of norms; rules of conduit which are enforced by criminal pena... more The penal law contains an ensemble of norms; rules of conduit which are enforced by criminal penalties. The penal law in reagard of theft is mandatory from the moment of its enforcement and it lasts, in time, until its abrogation. During the time of the enforcement, the penal law is active and is applied to all committed offences. Time limitation of the penal law represents an important part of the theory of penal law, first, because the penal law enforcement is limited in time, and second, the offences are committed in relation with the penal law. So, the penal law is applied to all crimes against patrimony offences committed while the penal law is enforced (active).The penal law doesn’t apply to the offences committed prior to its enforcement (the law is not retroactive), or to those committed after the law was abrogated (ultraactivity).The study also refers to the situation of concurrence of the offencesinregard to theft crimes, the duration and limits of the efficiency of the pe...
eLearning and Software for Education
E-learning and military rules across battlefields Andrei-Emil Moise Hyperion University, Calarasi... more E-learning and military rules across battlefields Andrei-Emil Moise Hyperion University, Calarasi Street, Bucharest, Romania It is undoubtly true for any for any advised reader, that in all conflicts, either of internal or external nature certain rules need to obeyed. While most nations, if not all, agree that such limitations are required in order to protect both combatants and the civilian population of unnecessary torment, few chose to act in sharing to those interested the very set of law principles that should govern armed conflicts. Here is an area where e-learning can and should come in more and more effective. Some countries, the more unfortunate ones, financially speaking, tend to justify the most gruesome acts committed by their armed forces as a direct result of lack of information regarding humanitarian law. Such excuses should not be tolerated in any circumstance and, by the use of technology and the learning systems being upgraded and implemented every day errors and t...
Perspectives of Business Law Journal, 2014
The recent redrafting of the corporate governance legal frame at the European level, with emphasi... more The recent redrafting of the corporate governance legal frame at the European level, with emphasis on its functions of valorization and security of shareholders’ rights, maximizing profits and minimizing risks, raises the balance issue between the above stated goals and the necessity for compliance with employees’ rights. In this context, we intend to analyze the possibility for the labour regulations to be completed or substituted by the “soft-law” regulations, product of corporate governance, to identify the degree of stability, transparency and predictability of the employer-employee relationship and to identify the reconciliation methods between the apparently differing objectives of corporate governance and protection of employees’ rights. The study performs an analysis of the cases in which relevant provision form both corporate law and labour law are applicable, providing also practical examples from the real business environment, a comparative analysis of the relevant legal ...
Hyperion Economic Journal, 2014
The global economic crisis has stretched its harmful effects including banking activity, this bei... more The global economic crisis has stretched its harmful effects including banking activity, this being one of the severely affected economic domains where the greatest efforts of resuscitation were done, sometimes with serious consequences over public money. In this context, restoring the credit institutions’ activity on actual basis, through a more efficient organizational system and re-editing the attributions of the management organs, so that to be able to guarantee for an effective and fast risk management framework, represented a globally assumed goal. Romanian law cannot remain outside this framework especially considering the obligation to join the model imposed by the European legislator by taking over the domestic law of the European directive CRD IV. This paper proposes a comparative study between the current and the previous legislation in order to highlight the main elements of novelty brought by Basel III, CRD IV and GL Guide 44/2011 on the internal governance of credit in...
Scholars International Journal of Law, Crime and Justice, 2020
The European Union has always stated its commitment to human rights and over the time has managed... more The European Union has always stated its commitment to human rights and over the time has managed to bring this issue to the forefront, including in its relations with other states. It has introduced in its economic and trade agreements a clause expressly stipulating that the respect for human rights is an essential element of relations between the parties. With the entry in force of the Treaty of Lisbon, the Charter of Human Rights acquired binding legal force. So, the possibility of the European Union's accession to the European Convention for the Protection of Fundamental Rights and Freedoms and the ways in which it could be put into practice were discussed again. But in the context of accession, the questions arise as to how the two jurisdictional institutions can coexist, namely the European Court of Human Rights and the Court of Justice of the European Union, what relationship will develop between them and what mechanisms need to be developed for both the Charter and the Convention can be applied.
Scholars International Journal of Law, Crime and Justice, 2020
Perspectives of Business Law Journal, 2014
The recent redrafting of the corporate governance legal frame at the European level, with emphasi... more The recent redrafting of the corporate governance legal frame at the European level, with emphasis on its functions of valorization and security of shareholders' rights, maximizing profits and minimizing risks, raises the balance issue between the above stated goals and the necessity for compliance with employees' rights. In this context, we intend to analyze the possibility for the labour regulations to be completed or substituted by the "soft-law" regulations, product of corporate governance, to identify the degree of stability, transparency and predictability of the employer-employee relationship and to identify the reconciliation methods between the apparently differing objectives of corporate governance and protection of employees' rights. The study performs an analysis of the cases in which relevant provision form both corporate law and labour law are applicable, providing also practical examples from the real business environment, a comparative analysis of the relevant legal provisions from the principal EU member states and also an examination of the relevant doctrine. The research results indicate the negative effect of the poor implementation of the corporate governance rules over employees' rights, but also the fact that compliance with employees' rights can be and should be an instrument of the effective and transparent corporate governance rather than a barrier, providing several directions for improving the labour relations in the corporate environment.
Technium Social Sciences Journal, Mar 6, 2023
In the process of drafting the law and, subsequently, in its application, the principle of legali... more In the process of drafting the law and, subsequently, in its application, the principle of legality of incrimination requires compliance with certain conditions. Because of this, in the process of creating the law, it is mandatory that depending on the social realities, the legislator to incriminate deeds of certain gravity, committed over time, facts that raise the issue of risk and fear that they could repeat, endangering or even harming social values that must be protected by criminal law. Articles 228-230 of the National Criminal Code go beyond prohibition of the retrospective application of criminal is susceptible of several meanings, these terms or expressions will be explained even in the law, as the case may be, in the General Part or in the Special Part of the Criminal Code. The court has the obligation to comply with the criteria for individualizing the sentence, as well as the methods of execution as they were provided by law. These principles are held together by the importance of preserving the values of patrimony and to sustain the base principles of the Constitution and even the Human Rights Carta.
Technium Social Sciences Journal, Mar 6, 2023
The penal law contains an ensemble of norms; rules of conduit which are enforced by criminal pena... more The penal law contains an ensemble of norms; rules of conduit which are enforced by criminal penalties. The penal law in reagard of theft is mandatory from the moment of its enforcement and it lasts, in time, until its abrogation. During the time of the enforcement, the penal law is active and is applied to all committed offences. Time limitation of the penal law represents an important part of the theory of penal law, first, because the penal law enforcement is limited in time, and second, the offences are committed in relation with the penal law. So, the penal law is applied to all crimes against patrimony offences committed while the penal law is enforced (active).The penal law doesn't apply to the offences committed prior to its enforcement (the law is not retroactive), or to those committed after the law was abrogated (ultraactivity).The study also refers to the situation of concurrence of the offencesinregard to theft crimes, the duration and limits of the efficiency of the penal law, retroactivity, and abolition of an offence, applying the mitior lex principle, the cases when the penal law is retroactive or ultraactive.
Scholars international journal of law, crime and justice, Jul 28, 2020
Applying a similar legal provision or resorting to the principles of law, in the matter of privat... more Applying a similar legal provision or resorting to the principles of law, in the matter of private law, the judge has the duty to resolve any case when there is a lacunar legislation. Unlike in private law, in criminal law this is impossible, as there are two principles that prevent the court from establishing new facts as crimes and applying punishments that are not expressly provided by criminal law, namely the principle of legality of incrimination (nullum crime sine lege) and the principle of legality of punishment (nulla poena sine lege). In the present study we aimed to analyze the extent to which these principles of criminal law find their expression in the jurisprudence of the European Court of Human Rights. Keywords: European Court of Human Rights, European Convention on Human Rights, jurisprudence, criminal law, principle of legality of incrimination (nullum crime sine lege), principle of legality of punishment (nulla poena sine lege).
Technium Social Sciences Journal
In the process of drafting the law and, subsequently, in its application, the principle of legali... more In the process of drafting the law and, subsequently, in its application, the principle of legality of incrimination requires compliance with certain conditions. Because of this, in the process of creating the law, it is mandatory that depending on the social realities, the legislator to incriminate deeds of certain gravity, committed over time, facts that raise the issue of risk and fear that they could repeat, endangering or even harming social values that must be protected by criminal law. Articles 228-230 of the National Criminal Code go beyond prohibition of the retrospective application of criminal is susceptible of several meanings, these terms or expressions will be explained even in the law, as the case may be, in the General Part or in the Special Part of the Criminal Code. The court has the obligation to comply with the criteria for individualizing the sentence, as well as the methods of execution as they were provided by law. These principles are held together by th...
Technium Social Sciences Journal
The penal law contains an ensemble of norms; rules of conduit which are enforced by criminal pena... more The penal law contains an ensemble of norms; rules of conduit which are enforced by criminal penalties. The penal law in reagard of theft is mandatory from the moment of its enforcement and it lasts, in time, until its abrogation. During the time of the enforcement, the penal law is active and is applied to all committed offences. Time limitation of the penal law represents an important part of the theory of penal law, first, because the penal law enforcement is limited in time, and second, the offences are committed in relation with the penal law. So, the penal law is applied to all crimes against patrimony offences committed while the penal law is enforced (active).The penal law doesn’t apply to the offences committed prior to its enforcement (the law is not retroactive), or to those committed after the law was abrogated (ultraactivity).The study also refers to the situation of concurrence of the offencesinregard to theft crimes, the duration and limits of the efficiency of the pe...
eLearning and Software for Education
E-learning and military rules across battlefields Andrei-Emil Moise Hyperion University, Calarasi... more E-learning and military rules across battlefields Andrei-Emil Moise Hyperion University, Calarasi Street, Bucharest, Romania It is undoubtly true for any for any advised reader, that in all conflicts, either of internal or external nature certain rules need to obeyed. While most nations, if not all, agree that such limitations are required in order to protect both combatants and the civilian population of unnecessary torment, few chose to act in sharing to those interested the very set of law principles that should govern armed conflicts. Here is an area where e-learning can and should come in more and more effective. Some countries, the more unfortunate ones, financially speaking, tend to justify the most gruesome acts committed by their armed forces as a direct result of lack of information regarding humanitarian law. Such excuses should not be tolerated in any circumstance and, by the use of technology and the learning systems being upgraded and implemented every day errors and t...
Perspectives of Business Law Journal, 2014
The recent redrafting of the corporate governance legal frame at the European level, with emphasi... more The recent redrafting of the corporate governance legal frame at the European level, with emphasis on its functions of valorization and security of shareholders’ rights, maximizing profits and minimizing risks, raises the balance issue between the above stated goals and the necessity for compliance with employees’ rights. In this context, we intend to analyze the possibility for the labour regulations to be completed or substituted by the “soft-law” regulations, product of corporate governance, to identify the degree of stability, transparency and predictability of the employer-employee relationship and to identify the reconciliation methods between the apparently differing objectives of corporate governance and protection of employees’ rights. The study performs an analysis of the cases in which relevant provision form both corporate law and labour law are applicable, providing also practical examples from the real business environment, a comparative analysis of the relevant legal ...
Hyperion Economic Journal, 2014
The global economic crisis has stretched its harmful effects including banking activity, this bei... more The global economic crisis has stretched its harmful effects including banking activity, this being one of the severely affected economic domains where the greatest efforts of resuscitation were done, sometimes with serious consequences over public money. In this context, restoring the credit institutions’ activity on actual basis, through a more efficient organizational system and re-editing the attributions of the management organs, so that to be able to guarantee for an effective and fast risk management framework, represented a globally assumed goal. Romanian law cannot remain outside this framework especially considering the obligation to join the model imposed by the European legislator by taking over the domestic law of the European directive CRD IV. This paper proposes a comparative study between the current and the previous legislation in order to highlight the main elements of novelty brought by Basel III, CRD IV and GL Guide 44/2011 on the internal governance of credit in...
Scholars International Journal of Law, Crime and Justice, 2020
The European Union has always stated its commitment to human rights and over the time has managed... more The European Union has always stated its commitment to human rights and over the time has managed to bring this issue to the forefront, including in its relations with other states. It has introduced in its economic and trade agreements a clause expressly stipulating that the respect for human rights is an essential element of relations between the parties. With the entry in force of the Treaty of Lisbon, the Charter of Human Rights acquired binding legal force. So, the possibility of the European Union's accession to the European Convention for the Protection of Fundamental Rights and Freedoms and the ways in which it could be put into practice were discussed again. But in the context of accession, the questions arise as to how the two jurisdictional institutions can coexist, namely the European Court of Human Rights and the Court of Justice of the European Union, what relationship will develop between them and what mechanisms need to be developed for both the Charter and the Convention can be applied.
Scholars International Journal of Law, Crime and Justice, 2020