Transferul dreptului de proprietate sau legătura contractuală dintre cedent și cesionar nu reprezintă condiții sine qua non pentru existența transferului de întreprindere în accepțiunea Directivei 2001/23/CE astfel cum a fost interpretată prin hotărârile Curții de Justiție a Uniunii Europene și, deși prevăzute de dreptul intern, nu își pot produce efectele în contra scopului directivei, prin restrângerea domeniului de aplicare.

În cele ce urmează, vom comenta două hotărâri ale Curții de Justiție a Uniunii Europene, ambele pronunțate în materia dreptului la liberă circulație și, respectiv, a securității sociale, în cadrul procedurii chestiunii preliminare.

In this article, we intend to present, first of all, the particularities of the on-the-spot investigation, and then to deal with the way of drawing up a report, regarding those found on the spot and the importance of such evidence for solving cases. Also, depending on the discussions held, in our presentation, we will examine the themes raised by applying Articles 345–347 of the Civil Procedure Code; the situations in which the court, which travels on the spot, cannot conclude the investigation on the appointed day; the issue of the rogatory commission and the manner of drawing up the minutes. Current probation law provides the on-the-spot investigation with the conduct of operations and findings to be recorded in a report, which also shows the presence or absence of the parties. We appreciate that, for a fair trial, the deadlines for which the judge goes to that place on the second or even the third day must be mentioned. Although it is not a legal provision for the on-the-spot investigation by the letter rogatory, there are requests, according to the rules of common law, by which the courts support each other, to establish the truth accurately. Because the on-the-spot investigation is direct evidence of the facts, the minutes must be drawn up meticulously during on-the-spot investigations. In our analysis we also turn to generically related information, which cannot be a means of probation allowed by our system.

In the first part of the study, the author emphasizes the importance of the legal remedies for making justice more efficient, one of the important objectives of any reform programme in the field. The finding is natural, since a good regulation of the legal remedies can make a substantial contribution to the resolution of the trials within a reasonable time, in order to use only a unanimously accepted phrase. The general tendency of the contemporary procedural regulations is to carry out a simplification of the legal remedies and to avoid congestion of the courts, especially the courts of appeal and the supreme courts. For this purpose, the vast majority of the analyzed regulations establish some limitations – value-wise – of the exercise of the legal remedies or establish means of filtering the reviews, and in some countries even of the appeals. The author also notes that in some procedural systems the ordinary legal remedy of the appeal cannot be exercised in low value disputes. One of the author’s conclusive remarks is that the filtering systems of some legal remedies are efficient and contribute to the resolution of processes with celerity. Another final conclusion is that the Romanian legislator has abandoned such an approach, and this should be reconsidered in the future.

The idea of recognizing nature’s legal capacity, with the consequence of attributing this entity of rights, began to be conveyed some time ago in the specialized literature. With all criticism, the theory has taken a certain shape and has even been included in the legislations, as is the case of Ecuador, which in 2008, by Constitution, Articles 71–74, recognized the law of nature, of the environment in general. Bolivia has adopted legal provisions, but not with constitutional power and, at the same time, has proposed a draft Universal Declaration of Nature Rights, which quickly gained adherence both at the level of states and in specialized literature with moderate optimism because it is stated that „we must be aware that the statement such as the one proposed cannot be expected to have immediate results”. The granting of rights to nature, as a new approach to the law of the environment that conceptualizes the natural, non-human world, as something worthy of protection for its own good, and not just as something that can be used for the benefit of the people, appeared in response to the failure of the model anthropocentric environment protection, also has its place in interesting processes.

If from a quantitative point of view the repressive (criminal) law of the environment is increasing, the criminal response as a tool to promote environmental protection is still far from rising at the level of the urgency and magnitude of the ecological problems to which it is called to answer. The causes are related to the insufficient conceptual-regulatory adjustment to the particularities of the field, the concurring strong interests of different nature and the complexity of the theoretical and practical approach to be undertaken. Bringing the repressive right to the level of the mission and current priorities implies a radical reform on the general conception and approach, the unitary and adequate register of incriminations, the particularization of the procedural framework for investigating cases and for applying sanctions and the professionalization and specialization of the jurisdictions. Assimilating the meanings of the precautionary principle, building one’s own criminal regime, by overcoming administrative dependence and consecrating the ecological finality, incriminating the ecocide, in a word the need for another penalty is the key to overcome the impasse and the way to a new, genuine and effective repressive environmental law. In Romania, there is a need for a general rethinking of the relevant normative system through a unitary regulation to include the essential aspects of an adequate incrimination, customized procedures and specialized jurisdictions.