AMBIENTUM BIOETHICA BIOLOGIA CHEMIA DIGITALIA DRAMATICA EDUCATIO ARTIS GYMNAST. ENGINEERING EPHEMERIDES EUROPAEA GEOGRAPHIA GEOLOGIA HISTORIA HISTORIA ARTIUM INFORMATICA IURISPRUDENTIA MATHEMATICA MUSICA NEGOTIA OECONOMICA PHILOLOGIA PHILOSOPHIA PHYSICA POLITICA PSYCHOLOGIA-PAEDAGOGIA SOCIOLOGIA THEOLOGIA CATHOLICA THEOLOGIA CATHOLICA LATIN THEOLOGIA GR.-CATH. VARAD THEOLOGIA ORTHODOXA THEOLOGIA REF. TRANSYLVAN
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Authors: OANA BUGNAR-COLDEA.
DOI: 10.24193/SUBBiur.67(2022).4.5
Article history: Available online April 31, 2023.
©2022 Studia UBB Iurisprudentia. Published by Babeş-Bolyai University.
pp. 163-184
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ABSTRACT This material brings into discussion the unconstitutionality of the provisions of Article 275 para. (1) letter b) sentence I of the Law no. 31/1990 on companies, republished. Since we are in the presence of a framework rule, which sanctions the failure to convene a general meeting of shareholders in the cases provided for by the law, we first identified those situations in which such a meeting is necessary, and then we "selected" those provisions which may complement the provisions of Article 275 para. (1) letter b, sentence I of the Law. The predictability of the legal norm and the extent to which the principle of subsidiarity is respected were then called into question, concluding that the provisions analysed are unconstitutional.
Keywords: Article 275 para. (1) letter b); Law no. 31/1990 on companies, ; general meeting of shareholders; the principle of legality; predictability; subsidiarity principle; unconstitutionality
