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Studies of Business Law – Recent Developments and Perspectives

Contributions to the International Conference "Perspectives of Business Law in the Third Millennium</I>, November 2, 2012, Bucharest

Edited By Catalin-Silviu Sararu

This volume contains the scientific papers presented at the 2 nd International Conference Perspectives of Business Law in the Third Millennium that was held on November 2, 2012 at Bucharest University of Economic Studies, Romania. The scientific studies included in this volume are grouped into three chapters: Recent developments and perspectives in the regulation of business law at European Union level; Transposition of European Union directives into national law; Recent developments and perspectives in the regulation of international business law. The present volume is addressed to practitioners and researchers in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at European and international level.

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TRANSPOSITION OF EUROPEAN UNION DIRECTIVES INTO NATIONAL LAW

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Implications of Discrimination on Economic Agents’ Activity PhD student Florina Mariana HOMEGHIU1 PhD student Mihaela CONSTANTINESCU2 Abstract The paper approaches discrimination from two perspectives. On the one hand, it aims to pre- sent the types of discrimination to which economic agents are subjected and the measures that can be taken in order to eliminate their effects, and, on the other hand, the discrimination gen- erated by economic agents and the sanctions that can be imposed. In this respect, we briefly present the authorities to whom the economic agents can appeal and the procedures they can follow. The paper cites national and international regulations in the field, and analyses and interprets the main provisions which have implications on economic agents. In order to under- stand their consequences, concrete situations are synthetised and identified from court juris- prudence and administrative authorities with jurisdictional role, without claiming to have ex- hausted all discrimination cases. Special attention was given to discrimination cases in the jurisprudence of the European Court of Justice and to the interpretation of Union treaties and other documents that are mandatory for the Romanian state. Keywords: Discrimination, public acquisition, employee, sanctions, National Council for Discrimination Control, National Council for Litigations Settlement. 1. Types of discrimination and their legal regulation According to Romanian legislation, discrimination is “any difference, exclusion, restriction or preference, based on race, nationality, eth- nos, language, religion, social category, beliefs, sex, sexual orientation, age, disabil- ity, non-infectious chronic disease, HIV infection, affiliation to an under-privileged category, as well as...

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