The author’s approach is intended for a partially critical analysis of the Decision of the Constitutional Court No 225 of 4 April 20172, by which the phrase „likely to prejudice the prestige of the profession” within Article 14 a) of the Law No 51/1995 was declared unconstitutional. The Constitutional Court has held that the criticized text is devoid of precision, clarity and predictability, as it does not circumstantiate the scope of the offences likely to cause the unworthiness in the profession of lawyer. The author considers that this solution of unconstitutionality makes an exaggerated interpretation of the incidental legal provisions, unduly restricting the right of appreciation of the competent structures of the professional organization of lawyers and of the judge called to settle any possible disputes. Within this study it is noted that there are various other situations in which the right of appreciation of the judge can not be challenged in our legal system. The approach included in this study also insists on the consequences which can be determined by the analysed solution of unconstitutionality, due to the existence of some identical or very similar provisions in respect of other liberal legal professions as well. A cavalcade of pleas of unconstitutionality, based on similar considerations, could raise for discussion other important institutions of law as well, such as those concerning the disciplinary, contraventional, civil or even criminal liability.

In this article the author’s opinion is in favour of the existence of the principle of the legality of misconducts, in the sense that in order for a certain illegal act to constitute such a misconduct it must be qualified as such by law, as the case may be, by statutory, contractual dispositions or unequivocally resulting from the legal orders of the hierarchical leaders. It can not be arbitrarily or subjectively determined by the employer, according to his discretionary will. From this point of view there is a complete resemblance to the criminal law which enshrines the principle of legality of incrimination, that is of the establishment and enumeration of the offences – the sole basis of the criminal liability.

For the appeal, which generates, in principle, a new judgment on the merits, given also the finality of exercising the appeal – the nullity of the judgment challenged – it is required another approach to the cases of nullity different than the traditional one in the matter of procedural acts. For the situation of referral of the case for retrial, it is required to argue that it is necessary to specify, in the judgment of referral, where appropriate, the part which is cancelled from the procedure followed by the court of first instance, respectively of the procedural act from which the retrial begins.

This study analyzes briefly the new rules of the private international law of the European Union applicable to cross-border insolvency, contained in the Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) and applicable in their large majority starting with 26 June 2017. The study presents the legislative history of cross-border insolvency in the Union, the context of the adoption of Regulation (EU) 2015/848 and the objectives aimed thereby. Similarly, there are briefly presented the scope of application of the Regulation, the rules on international jurisdiction, the main and secondary insolvency proceedings, the law applicable to insolvency proceedings and their effects, the recognition of the judgment for opening the insolvency proceedings, the insolvency proceedings applicable to companies of the group and the insolvency registers.

Seen by Aristotle as a pure ornamental rhetorical figure, the metaphor is no longer intended in the 21th century to embellish poetical expression, but to generate new forms of access to knowledge, leading from a paradigm of expressive semantic regime to a semantic cognitive regime. It is considered today that the metaphor is not only related to the literary style, but to the whole of human sciences. Even the definition of the right has fuelled an abundant literature that is lost in the darkness of times, and which seems to have failed to reach a right conclusion, as lawyers still seek a definition for their concept of law. This is because the meaning of law, its force and its reason to be keep an irreducible part of mystery, a mystery derived, in part, from the fact that the right term is a metaphor and, like any metaphor, linguistically materializes the cognitive processes of communication and provides, by analogy, an imaginative support that binds it to an already familiar conceptual circuit.

This article addresses the matter of the correct legal classification of the introduction of drugs into the country for personal use. Our attention was drawn whereas not only that the judicial practice of the national courts and the specialized literature are not unitary in terms of legal classification, but even the High Court of Cassation and Justice has pronounced diametrically opposed solutions. Within the paper, it is performed an analysis of the incidental texts of law and of the judicial practice in the field, as well as some aspects of legislative technique and criminal policy.

Achitare persoană fizică autorizată (avocat) pentru infracțiunea de evaziune fiscală. Nedepunerea în termen a declarației fiscale 200 pentru o perioadă de doi ani nu constituie infracțiune, ci contravenție. Sumele obținute din activități economice, dar declarate cu întârziere sau nedeclarate, pot fi impozitate cu ocazia controlului fiscal, în cazul în care documentele primare justificative, respectiv chitanțele și facturile, sunt întocmite, sunt disponibile și pot fi verificate. Nedepășirea plafonului pentru obligativitatea înregistrării contribuabilului ca plătitor de TVA poate fi dovedită prin mijloace de probă.

This study addresses the problems determined by the fact that in the current Romanian criminal processual legislation there is a sign of equivalence between the moment of pronouncing the judgment and the moment of reading the minutes which contains only the operative part of the judgment. This aspect determines certain consequences that affect the rights of the persons who, in one quality or another, are involved in that criminal trial, resulting even in the execution of a minutes and in the conditional release before the reasoning of the appeal decision. For all these reasons, the study proposes that the reasoning of the judgment should be made before the pronouncement, which would remove all the above shortcomings and would strengthen the confidence of the litigants in the act of justice.

Electoratul este o funcțiune politică, iar nu un drept. Indivizii au un drept anterior legei pozitive, și anume acela de a fi considerați ca cetățeni politici sau, cum spune Aristot, „omul este un animal social”, zoon potitikon1. Începând dela germanul Altusius, după cum stabilește Gierke, și până în timpurile noastre, doctrinarii politici consideră pe individ ca făcând parte integrantă din marele suveran, consideră voința lui ca alcătuind voința colectivă a corpului social, numit Stat. Locke, Rousseau, Blakstone, Barclay, Loyseau și alți cugetători, fiecare cu elementele ce le sunt personale, au format școală, și un corp de doctrină, susținut de o literatură vastă, întemeiază dreptul primar al indivizilor pe conceptul suveranităței legale. Suveranitatea, în accepțiunea ei juridică, „dă, după Esmein, opiniunei publice o forță superioară, o expresie precisă, o valoare juridică, o autoritate legală”.

Fraud is perhaps the cornerstone of the Paulian action. In this sense, there is no right to action without there being a fraud in the interests of one or some of the creditors. Therefore, it is very important to know the elements that characterize the Paulian fraud. This is because the damage caused to the creditor is a consequence of the fraudulent attitude of the debtor who concludes an act with a third person with the sole purpose of hiding from the pursuit of certain goods. So, the first element to be determined in order to formulate a Paulian action is the existence of fraud that has caused the creditor’s prejudice. Through this study, we have tried to highlight some of the most important judgments in the French judicial practice that have created principles for the application of the Paulian action. Although many of them have been pronounced many decades ago, their effects are still occurring at present, and the courts which have pronounced them have shown wisdom and clarity in setting out principles that ultimately shaped a unitary judicial practice in French law. Finally, the study also presents the regulation of the Paulian fraud in the sense of the new Romanian Civil Code, with references to the new French Civil Code.

The study discusses a very delicate matter, marked by many controversies and tensions – namely the matter of ensuring the right to consult the file in the criminal prosecution phase. Within this study it is recognized the importance of exercising this right, as a component of the right to defence and as a guarantee of the right to a fair trial, but there are also provided relevant arguments as to how the access of the defence to the file can disrupt the proper conduct of the judicial activity. There are also analysed possible deeds with criminal significance if certain aspects revealed within this procedure are brought to the knowledge of the persons who do not have this right.

Publicăm mai jos hotărârea Tribunalului Ilfov, dată în procesul dintre Societatea tramvaiurilor și Ministerul de interne, cu prilejul aplicărei legei din 18 Decembrie 1911, și anume părerea motivată a majorităței (d-nii N. Algiu, președinte, și C. Bossie, judecător) și aceea a d-lui judecător I. G. Manu.