Suchergebnisse

ABSTRACT: The article presents some aspects of the recent past of the pandemic with COVID-19, namely during 2020, either from a state of emergency or from a state of alert that was established in Romania. The exceptional situation still found around the world has led public authorities to take unprecedented action and to quickly develop a legal framework to implement these measures. The regulations adopted were not without ambiguities or ambiguities, which is why, in this study we set out to present some examples, namely: the situation of homeless people, rail passenger transport, restricting traffic exclusively in the metropolitan area, protection of chronic patients and not only. The aim of the research is to identify solutions to improve the legislation starting from concrete cases, but also to present the difficulties that the Romanian state authorities have faced and continue to face, in some cases and what solution has often been brought for balancing the relationship between rights and prohibitions, in the context of the need to protect public health by restricting individual rights and freedoms. KEYWORDS: public health, human rights, pandemics

ABSTRACT: The supply of natural gas and electricity continued to be a difficult goal for many household consumers in Romania, despite sufficient natural resources. The cause was represented by the existence of a monopoly over the provision of those two services, but, due to the liberalization of the market for the supply of natural gas and electricity, several benefits are to be implemented in this area. In this sense, both the primary and the secondary legislation have been already amended, and the future domestic and non-domestic customers expect the unblocking of the situation in the shortest possible time, issue that implies the efficient mobilization of all public authorities and of the system distribution operators. Therefore, we will analyze these new legal provisions and how they will influence the already concluded concession contracts, but also whether they will improve the quality of life of the applicants. KEYWORDS: concession contract, public service, natural gas, applicant, operator

ABSTRACT: The study follows the analysis of European legislation and national legislation in Romania on the olfactory discomfort noticed in the open air, starting from the situation of City of Brasov from Transylvania, where residents often noticed in 2019, the existence of pestilential odors in certain areas of the city, which led to numerous complaints to public authorities. This particular case requires the identification of mechanisms by which substances with an olfactory impact can be identified and subsequently correlated with ambient air quality, in order to determine whether it represents a real danger to the health of exposed inhabitants. These mechanisms can be applied more or less by different competent authorities in the field, but the applicable legal framework must be sufficiently elaborated to allow concrete results to be obtained. Therefore, beyond a potential subjectivism related to the sensitivity to odors and implicitly to the regulation of their monitoring and the establishment of measures in order to prevent and reduce the olfactory discomfort, certain aspects (identification of the source of smell, establishment of measurement/determination methods, technical possibilities monitoring and measurement of odors) requires a thorough analysis of the situation created, the article notes certain shortcomings in the legal framework governing this area and brings proposals to improve it. KEYWORDS: law, pestilential odors, air, mechanism

Certain categories of land have a special character and, consequently, a strict legal regime, regulated by various legal provisions whose application leads, indirectly, to a restriction of the right of private property for the owners. These limitations are imposed to protect the public interest, but it is important to find a fair balance between the interests of private owners and those of the community. Through this study we will investigate which are these limitations, at European level, respectively at national level.