Selected scientific articles indexed in leading academic databases and presented at international conferences.
Author(s): Emil Sorin Bucur
Conference: The International Conference Education and Creativity for a Knowledge – based Society – LAW
International Research Data Bases Index & Citation:
Abstract:
The legislation on corporate governance has been implemented as a result of the acceptance of the obligation of compliance by the Government of Romania and not as an internal emulation, not as a conscious necessity. In this context, Emergency Ordinance 109/2011 on Corporate Governance of Public Enterprises and Subsequent Regulations were a product of tensions between innovative ideas contained in the Corporate Governance Principles stated by the Organization for Economic Cooperation and Development and the old mentality, methods and practices which were used in the management of enterprises in which the state or territorial administrative units had holdings and were in a control position. Starting from the hypothesis of resistance to change, a synthetic examination of the entities and mechanisms was made by which the conception to be removed succeeded in perpetuating its existence. Information needed to know the entities involved and to understand the role they play in applying corporate governance legislation such as tutelage public authorities, corporate governance structures, nomination and remuneration committees, selection boards, and independent experts have been presented. Subsequently I have described the mechanism by which the tutelary public authority preserves its dominant position and imposes its conception on the development and orientation of the action of the public enterprise by exploiting the advantage given by the elaboration and use as reference of the letter of expectation or by the revocation of the members of the administrative or management bodies, without payment of damages, in the event of failure to complete negotiations on performance indicators corresponding to the objectives of the letter of expectation. The paper also describes a punctual situation in the selection process that allows a candidate to be rejected by interpreting the information provided in the application file as inappropriate in contradiction with accepting a candidate by considering the information in the file as inconclusive, but which can be clarified by completing with other data. The analysis was completed by highlighting the complexity of the process of selection of the members of the management and administration bodies and the accentuation of certain factors that may alter the result of the selection. The conclusion drawn from the analysis of the articles in the relevant legislation leads to the need to thoroughly analyze corporate governance legislation and its subsequent regulations with a view to updating, increasing its consistency, simplifying and clarifying it
Author(s): Emil Sorin Bucur
Conference: International Conference of Law, European Studies and International Relations
International Research Data Bases Index & Citation:
Abstract:
The article analyzes national legislation in the light of recommendation number two of the Guideline of the Organization for Economic Cooperation and Development (OECD) on Corporate Governance for State Owned Enterprises, which deals with the role of the State as a major or sole shareholder of state-owned enterprises. Thus, the following aspects were studied: the registration and functioning of state owned enterprises, their operational autonomy, the independence in decision making and the freedom of action of the members of the boards of directors or supervisors, the central tutelary public authority, the responsibility of the state owned enterprises towards the institutions representing the public interest, as well as the exercise of the majority or sole shareholder rights of the State in view of implementing the recommendations of the aforementioned guideline. The paper concluded that there is a high degree of implementation of recommendations on corporate governance of state-owned enterprises in terms of procedures and regulation of specific processes, but there is insufficient institutional development, incomplete structuring or even the absence of organizational entities associated with the field. At the same time, the unclear allocation of attributions and responsibilities to the organizational structures of the corporate governance system of state-owned enterprises lead to the impossibility of ensuring guarantees for the application of the principles of corporate governance at the level recommended by OECD documents.
Author(s): Emil Sorin Bucur
Conference: INTERNATIONAL CONGRESS OF PHYSICAL EDUCATION, SPORTS AND KINETOTHERAPY 9th Edition
International Research Data Bases Index & Citation:
Abstract:
Discrepancies regarding the interpretation of the sport and tax legislation applicable to the financing of sports activities, especially at the level of the local public administration, have generated the initiative to amend and complete the Law on Physical Education and Sport no. 69/2000. Following this complex process of intervention over the legislation has also resulted in a new legal instrument, namely the Sports Activity Contract. In the analysis carried out over the sports activity contract there have been analyzed the subjects of the legal report, namely the sports structures and the participants to the sports activity; assessments were made on the scope of the agreement, with remarks over the existence of an alternative to the benefit due by the sports organization in relation to the classical remuneration; there has been made an analysis of the clauses imposed by Order 631/890/2017 regarding the approval of the type of framework sports activity contract. Also, the relation between the sports activity contract and the regulations of the sports organization, respectively of the sports federation, can generate the most various effects regarding the conditions for the fulfilment of the legal relation between the parties. The introduction of this type of agreement into the sports activity has made a positive contribution to clarifying the roles and duties of the entities involved in the sports field.
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