ECJ mandates employers to reimburse cost of spectacles, Competence of courts of law for individual labor disputes changes, New PP Guide available
Zamfirescu Racoti Vasile & Partners
ONE MOVE AHEAD The practice of law, like the chess game itself, is about strategy, tactics, ideas and spontaneity.
The Court of Justice of the European Union (CJEU) ruled in case C-392/21, that the spectacles intended for those working with display screen equipment must be provided to the worker by the employer or the employer must reimburse the costs. The CJEU judgment is binding on all national courts dealing with an identical issue.
What are the conditions? Read more.
The new law on social dialogue – Law no. 367/2022 – no longer expressly provides the competence of the tribunal to judge in first instance individual labor disputes, so the question arises to determine which court is competent to this end, in order to solve the claims registered as from 25 December 2022 – the date of entry into force of Law no. 367/2022.
According to the provisions of Law no. 53/2003 – the Labor Code – the judgment of labor disputes falls within the competence of the courts of law established under the law, but, in the absence of special, derogatory provisions on competence, the common law provisions shall become applicable.
?? Which courts of law have the material competence to judge labor disputes in first instance?
???What is the term until which one may file an appeal against the judgments ruled in first instance?
?? Which courts of law have the territorial competence to judge labor disputes in first instance?
?? Which provisions remain applicable?
?? What are the challenges of the new legislative changes/the legislator’s omission to set forth rules of material competence for the resolution of individual labor disputes?
The EU legislation tackles privacy and data protection under its core fundamental rights, guaranteed by the European Charter of Fundamental Rights. In this context, in order to ensure an adequate level of protection for European individuals, a straightforward legal framework on transatlantic data transfer is desired at the European level.
While the first attempt to ensure such safeguards was the U.S. Privacy Shield, further invalidated by the Court of Justice of the European Union, in the Schrems II case, the European Commission has recently published a Draft Decision which includes annexes constituting a new framework for transatlantic exchanges of personal data, the EU-U.S. Data Privacy Framework.
The Framework will provide vital benefits to citizens on both sides of the Atlantic. For EU individuals, the deal includes new, high-standard commitments regarding the protection of personal data. For citizens and companies on both sides of the Atlantic, the deal will enable the continued flow of data that underpins more than $1 trillion in cross-border commerce every year, and will enable businesses of all sizes to compete in each other’s markets.
Elena Iacob and Denisa Neamtiu are exclusive contributors to the Romania chapter, available to view online here.
This country-specific Q&A provides an overview of Public Procurement laws and regulations applicable in Romania and addresses topics such as types of public procurement / government contracts, procurement of complex contracts, grounds of mandatory exclusion, rules applicable to the evaluation of bids, and disputes.
Access and explore more of our key publications here and stay up to date with the latest legal insights and developments.
Ad-hoc arbitration is a form of arbitration where the parties and the arbitrators independently determine the procedure, without the involvement of an arbitral institution.
“In Romania, ad-hoc arbitration is very rare. In my professional activity I have been involved in only two such arbitrations”, stated Dr Cosmin Vasile FCIArb in the second episode of the series.
The Arbitration Dictionary is part of the Arbitration Step-by-Step video series dedicated to the practice of arbitration and hosted by our colleagues in the International Arbitration department, with the support of BizLawyer .
To view Episode 2, hosted by partner Dr Cosmin Vasile FCIArb on Ad-hoc arbitration, please click here.
?? ?? ?? ?? More to read from The Child Factor team
Thank you for the support and priceless input of The Child Factor team: Simona Oprea, Celestino Dinc? and Ovidiu Serban .
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