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14 Apa n care noat petii cei mari n prezent cei mai muli srbi, n ciuda faptului c sunt dornici aib un viitor mai democratic, se consider nc victime i nu doresc s-i recunoasc complicitatea n timpul ngrozitoarei conduceri a d-lui Milosevic. Cu toate acestea greelile anilor 90 nu s+au datorat unui singur om, orict de mare ar fi responsabilitatea lui. Pentru ca n Balcani s existe vreodat nelegere, Serbia trebuie s treac prin ceva asemntor cu de nazificarea prin care a trecut Germania dup cel de-al doilea rzboi mondial i srbii trebuie s recunoasc cu onestitate c au avut partea lor de vin n ororile svrite. La urma urmei, n septembrie doi alegtori din cinci l-au votat pe cel pe care acum att de muli l resping. Cu siguran e nevoie de un proces att pentru a face dreptate ct i n sperana c istoria nu se va mai repeta. Dar trebuie s fie un proces la Haga. Pag.17 The Serbs should be allowed to deal with Mr. Milosevic on their own. What the Serbs should do is to appeal to their spirit of justice and give their former president a fair trial, at the same time avoiding the embarrassment of having their laundry washed in public in the Hague. The solution is to let the Serbs do justice on their own and thus prove the international community they are a responsible and just people who are able to face the mistakes of the past. Still, what many people around Europe may find difficult to accept is a home turf trial. The fact is that this will cause frustration among the nations the Serbs have wronged and what the outcome of such a trial might be is anyones guessing. So it is the international community who is responsible for the fair trial of a war time criminal. Pag.19 ntre timp numrul de cazuri pe care le judec Curtea a srit de la 79 n 1970 la 433 n 1985. Astfel Curtea ndeplinete sarcini care n sistemul judiciar al statelor membre aparin curilor constituionale, curilor care au jurisdicie general sau curilor administrative i tribunalelor dup cum este cazul. Drepturile fundamentale ale omului un element esenial al oricrei democraii constituionale susin legile comunitii europene. Tribunalul primei instane a uurat sarcina Curii europene de justiie i i-a consolidat experiena n domeniu judecnd procese cum ar fi dispute cu persoane publice sau instituii, legalitatea actelor care afecteaz persoane fizice sau juridice i arbitraj n contracte soluionate de comunitate n domenii cum ar fi agricultura, piscicultura sau transporturile. Curtea european de justiie, care este nsrcinat s asigure c n interpretarea i aplicarea tratatelor legea este respectat (articolul 220TEC), este responsabil cu monitorizarea legalitii documentelor i aplicarea uniform a regulilor comune. Pag.28 From a social point of view Romania may have to prove the European community that it offers equal rights to women in the work field, that minorities are not discriminated

against and that the institutionalized children (orphans) are well cared for. Legislation should be passed guaranteeing that women are not discriminated against and have equal rights with men when it comes to employment. Ethnic minorities should have the right to study in their own language, to have cultural organizations and publications in their own language. Romania has to rethink its policy towards institutionalized children to offer better conditions and do away with the image of the past. From the environmental point of view Romania should comply with EU legislation in what concerns waste disposal, car exhaust pollution and reduce the greenhouse gases according to the Kyoto protocol. Landfill sites should be built in all the towns and villages to prevent contamination of ground water. Vehicle emission standards should be applied and taxes should be imposed according to the EU legislation. Greenhouse gases may be reduced by passing legislation which require companies to filter emissions. When it comes to single market policies Romania should adopt the EU legislation allowing tax free imports from other member states, allowing citizens of member states to work in Romania and also allowing member state companies to set up branches in Romania. All this can be done through legislation. Pag.40 Accesul global la internet provoac greuti crescnde trilor n a controla fluxurile de informaii de-a lungul granielor. De exemplu Frana a dat n judecat Yahoo!, motorul de cutare web pentru c le-a oferit cetenilor francezi acces la licitaiile cu obiecte naziste care sunt interzise prin lege n Frana. Dup ce experii numii de tribunal au concluzionat c este posibil s se blocheze accesul ctre site-urile ofensatoare pentru 90% din internauii francezi, tribunalul francez a cerut Zahoo! S implementeze un sistem de filtrare propus de experi n cel mult 90 de zile de la data sentinei (20 Nov.) or s plteasc amenzi n valoare de 100,000 franci pentru fiecare zi n care se depete termenul limit. Germania nu a reuit s-i opreasc pe germani s acceseze site-utile neo naziste. Spre deosebire de pamflete sau cri, care pot fi interceptate de vamei la grani,site-urile web sunt dificil de blocat. n mod similar eforturile Congresului american de a proteja copiii de pornografia pe internet au euat din cauza dificultilor tehnice de a-i mpiedica pe copii s acceseze site-uri pornografice fr s restrng libertatea de expresie a adulilor. Directorii i legea Firmele care au activiti ce folosesc conectarea prin reele i internet au mari beneficii n ciuda diferitelor incertitudini de natur juridic i a dezbaterilor cauzate de tehnologii ce se bazeaz pe internet. n timp ce legislativul se lupt s in pasul cu noile tehnologii, mamagerii abili tiu c riscurile de natur juridic trebuie luate n calcul n afaceri la fel ca i alte riscuri i i dau seama c trebuie s profite de marele potenial de creare a valorii oferit de reele i internet.


Law has rarely been so uncertain. At the sametime legislation is struggling to catch up with the advances of technology. I fact the internet has been turned into an engine of global commerce. This is why intelectual property is now often a companys most important asset. On the one hand copyright law protects it from illegal duplication. On the other hand trademark law prevents others from using a companys name. Patents now protect computer software and even business processes. For exampe, was ordered to pay royalties to the copyright owners. Recording companies are fighting unauthorized internet distribution of music. Companies on the internet are not immune from the application of copyright law. Napster for example, has been sued for copyright infringement but it claims it distributes legally the work of unknown artists. However, most people use Napster for pirating. Napster has given an equity stake to Bertelsmann. US federal appeals court has embraced the patentability of business processes. However, not all patented processes are considered novel and worthy of protection. The Human Genome Project raises serious questions on the ownership of information. At the same time trademark law is applied to internet domain names. New laws prohibit the use of trademarks in bad faith. Disputes with cyber squatters are being resolved through arbitration. Companies are suing former employees for disclosure of confidential information whereas several US courts have embraced the doctrine of inevitable disclosure. Pag.59 Role-play Hello. This is Fyfe Ireland. How can I help you? Hello. My names John Smith and Id like to talk to Ms. Homer, please. One moment sir. Ill put you through right away. Hello. This is Ms. Homer. How can I help you? Hello Ms. Homer. My name is John Smith and Im one of your new clients. I have just received a letter from your company. I greatly appreciate your personalized, and thorough approach and I am considering making some international investments and I would like to have some additional background information and expert advice on the benefits and risks involved. First of all thank you for your kind words sir. We are happy to assist you with any information and advice you need. I represent the European Investment Fund and we are interested in investing some money in real estate in Saudi Arabia. Unfortunately we know nothing about the legislation in this Arab country regarding foreign investments and constructions. Mr. Smith we have detailed information on legislation in all Arab countries and one of our consultants will be at your disposal round the clock. Oh, thats very good news Ms. Homer. We offer the best services for our clients Mr. Smith. I think we should set up a meeting to talk about this in detail, shouldnt we? Yes, of course. Would it be suitable for you to meet us at the Hilton at 10 a.m. on Friday? That would be perfect Ms. Homer. Thank you for calling us Mr. Smith. We look forward to seeing you! Good-bye Ms. Homer.

Have a nice day Mr. Smith. Pag.71 Companies under British law Tullow Oil PLC is a public company which is limited by shares. It is Africas leading independent oil company. The name of this company ends with public limited company or the abbreviation "PLC". The share capital must not be less than 50,000. At least one-quarter of each shares nominal value and the whole of any premium on it must be paid before it can be allotted. If there is less than two shareholders of the company for more than six months, the single member will be jointly and severally liable with the company for its debts, thus limited liability protection will be lost, as the company does not satisfy the requirements of the law. The Stock Exchange may deal with the shares of a public company, or the Alternative Investment Market. Such a company is described as publicly quoted, publicly traded or listed company. Fornetti Romania SRL is a limited liability company. It is a flexible form of enterprise that blends elements of partnership and corporate structures. It is a hybrid business entity having certain characteristics of both a corporation and a partnership or sole proprietorship (depending on how many owners there are). An LLC (limited liability company), although a business entity, is a type of unincorporated association and is not a corporation. The primary characteristic an LLC shares with a corporation is limited liability, and the primary characteristic it shares with a partnership is the availability of pass-through income taxation. It is often more flexible than a corporation, and it is wellsuited for companies with a single owner. Pag.83 Role-play How do you do, sir. How do you do. My name is Tom Adams and Im a lawyer with Clifford Chance, the first law firm in the UK. What can I do for you? Im Bob Smith, CEO of Penguin Group one of the largest publishing houses in the world. We would like to expand our business in Romania. How much money would you like to invest? Wed like to setup a branch in Romania with a share capital of 20,000 pounds sterling. The objects of our activity will be: publishing educational books, trading educational publications and consultancy and training services. Unfortunately we have no knowledge of the Romanian legislation so wed like you to advise us on the most appropriate type of company to set up. Well, in this case, I think a limited liability company would be the best and soundest choice The protection given by limited liability is perhaps the most important advantage of incorporation. The members' only liability is for the amount unpaid on their shares. Since most private companies issue shares as "fully paid", if things go wrong, a members' only loss is the value of the shares and any loans made to the company. Personal assets are not put at risk. The protection of limited liability does not, however, apply to fraud. Company

directors have a legal duty not to incur liabilities in their companies which they have reason to believe the company may not be able to pay. If creditors lose money through director fraud, the directors' personal liability is without limit. That was very informative. Now what are the steps to take in order to set it up? To set up a SRL in Romania you need to have at least two partners. Then you should have a bylaw and statutes. After that you should have a firm (that is a name under which you operate), a logo and a headquarters. I there any red tape involved? Well take care of that. You also need a setup document, a registered capital I think we can take care of the details when we meet again. I have an appointment right now. Very well, sir. I look forward to doing business with you. Pag.163 Legea antitrust asigura puteri extinse de anchet, decizie i aplicare. Cu toate c oficialii comisiei sunt autorizai s soseasc neanunai la firme i s desfoare anchete la faa locului, astfel de aciuni nu sunt des ntlnite. Dac este descoperit o nclcare a legii, se poate aplica o amenda de maximum 10% din profitul firmei. Articolul 87 TEC menioneaz c ajutorul de stat cum ar fi subvenii directe, reduceri de taxe i investiii publice n condiii de inexisten a pieei sunt interzise. Cu toate acestea, excepiile incluse n tratat au fost utilizate n special n timpul recesiunii economice i n regiunile srace. Datorit complexitatii pieei comune numrul de propuneri incluse n raport s-a schimbat continuu i este greu s separm diversele bariere n calea integrrii.