Evolution after 1990 of the Legal Framework with the Incidence on the Managerial Ethics of the Romanian Firms
DOI:
https://doi.org/10.26458/jedep.v3i3.73Keywords:
firm, ethics, law, commercial activity, illicit activities, competition, consumersAbstract
Abstract. Firms with an ethical behaviour, which satisfy the conditions of morality, namely to respect applicable law articles, have certain characteristics: “balance between profit and ethics; ethical values underlying the daily behaviour of individual actions; penalty system which provides penalty and correction actions by unethical nature; set of values that involves treating others with respect and honesty as you want and to be treated; manufacture and marketing of the products so that you are be thankful if you use them; treating the environment as it would be your property”. In Romania, although the law has improved methodologically according to the European Directives, but problems arise in its implementation. The Commission report to the European Parliament and the Council on Progress in Romania under the Cooperation and Verification Mechanism {SEC (2008) 2539} show that Romania continues to face important difficulties in the functioning of its judiciary and fighting the corruption. In 2013, the political clienteles and corruption have worsened the Romanian state budget, representing, however, the greatest threat to the economic growth (MCV Report - 2013 - Brussels, 30.01.2013 COM (2013) 47 final). What are the solutions? There are the political stability and, not least, that constitutional.References
References (This is “Header 1” style)
Bălan, E., Drept administrativ şi procedură administrativă, Universitara Publishing House, Bucharest, 2002, p. 148
Chevallier, J., La transformation de la relation administrative: mythe ou realité? apud. M. Rasera, La démocratie locale, L.C.D.J., Paris, 2002, p. 97
George, Gîrleşteanu, Evoluţii legislative şi jurisprudenţiale române în materia Legii nr. 144/2007 privind Agenţia Naţională de Integritate, in Journal of Legal Sciences no. 2/2010, p. 7.
Goldstone, D., J., The Criminalization of Trademark Counterfeiting, in: Connecticut Law Review, vol. 31, no. 1, 1998, p. 4.
Healy, P., and Serafeim, G., Causes and Consequences of Firms’ Anticorruption Efforts. Harvard Business School Working Paper, 2011
Puig, S., M., Legal Goods Protected by the Law and Legal Cods Protected by the Criminal Law as Limits to the State's Power to Criminalize Conduct, in: New Criminal Law Review, vol. 11, no. 3, 2008, p. 410.
Trevino, L., G. Weaver, D. Gibson and B. Toffler, Managing ethics and legal compliance. What works and what hurts, California Management Review, 41 131-1, 1999.
Wood, D., Business and Society, Harper Collins Publishers, New York, 1990.
Law no. 12/1990 republished in the Official Gazette of Romania, Part I, no. 133 of June 20, 1991 and amended and completed by the Government Ordinance no. 23/1992 on the amendment of some contravention sanctions, published in the Official Gazette of Romania, Part I, no. 213 of August 28, 1992, approved by Law no. 114/1992 regarding some Government ordinances issued under Law no. 81/1992 enables the Government ability to issue ordinances and authorizing contracting or guaranteeing the external loans, published in the Official Gazette of Romania, Part I, no. 311 of 30 November 1992; Government Ordinance no. 55/1994 regarding the increase of the minimum and maximum contravention fines set by the laws in force on 1 June 1994, published in the Official Gazette of Romania, Part I, no. 242 of August 29, 1994, approved by Law no. 129/1994, published in Official Gazette of Romania, Part I, no. 354 of 21 December 1994; Law no. 105/1997 to resolve the objections, appeals and complaints on the amounts established and applied by the acts of control or imposing of the bodies of the Ministry of Finance , published in the Official Gazette of Romania, Part I, no. 136 of 30 June 1997 , repealed by the Government Emergency Ordinance no. 13/2001 regarding to solve the complaints against the measures taken by the acts imposing control or bodies established by the Ministry of Finance, repealed, in turn, by the Government Ordinance no. 92/2003 regarding the Fiscal Procedure Code, republished; Government Ordinance no. 126/1998 on amending by Law no. 12/1990 on the protection of the population against the illicit commercial activities, published in the Official Gazette of Romania, Part I, no. 328 of 29 August 1998, approved by Law no. 243/1998 , published in Official Gazette of Romania, Part I, no. 488 of 18 December 1998; Law no. 177/1998 for supplementing Article 2 of Law no. 12/1990 on the protection of the population against the illicit commercial activities, published in the Official Gazette of Romania, Part I, no. 388 of 13 October 1998; Law no. 210/2007 amending and supplementing of some normative acts which are established and are sanctioned the offences, published in the Official Gazette of Romania, Part I, no. 485 of 19 July 2007, republished in the Official Gazette no. 291 of 5 May 2009;
In the Official Gazette of Romania no. 428 of 28 June 2012 was published Decision no. 498/2012 regarding the exception of unconstitutionality of Article 1 letter g) of Law no. 12/1990 on the protection of the population against some illicit commercial activities on http://www.curierulfiscal.ro/2012/07/05/unele-dispozitii-din-legea-nr-121990-privind-protejarea-populatiei-impotriva-unor-activitati-comerciale-ilicite-sunt-neconstitutionale/ accessed on 15.09.2012;
Published in the Official Gazette of Romania no. 24 of 30.01.1991, as amended by Law no. 298/2001 amending and supplementing Law no. 11/1991 on combating the unfair competition, published in Official Gazette Part I no. 313 of 12.06.2001; Law no. 21/1996 (Competition Law), published in the Official Gazette no. 88 of 30/04/1996 and republished in the Official Gazette, Part I no. 742 of 16/08/2005 accessed on 16.09.2012
Transparency International Romania, Ghid anticorupţie în justiţie pentru cetăţeni şi oameni de afaceri, 2006, p.4.
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