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In this study, the two authors examine the procedure of establishing local councils in the Romanian legislation and reveal a series of ambiguities of the legal rules regulating various stages of this procedure, ambiguities generated in particular by the circumstance that the given procedure is regulated in the content of three regulations, namely: art. 28–35 of the Local Public Administration Law no. 215/2001 (republished in 2007, then amended and supplemented several times), art. 1–10 of the Government Ordinance no. 35/2002 for approving the Regulation on the organization and operation of local councils; art. 6–8 of Law no. 393/2004 on the statute of local elected officials (and the latest two regulations being amended and completed several times). Taking into consideration this situation, the authors propose a series of solutions for creating a more coherent legislative framework in this field. -
The article presents some considerations regarding the procedural provisions related to the system of the means of proof, as it is regulated by the new Criminal Procedure Code. The author examines the new provisions establishing the enunciative system, in relation to the provisions of the Criminal Procedure Code in force, which establishes the completeness of the means of proof.
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The principle of loyalty of evidence is a jurisprudential principle of the European Court of Human Rights. The author intended to provide an overall presentation of its evolution, both from the case law perspective and from the legislative point of view.
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This study is designed to carry out a general examination of the provisions established in Law no. 202/2010 regarding certain measures to accelerate the resolution of trials. The author presents the most significant amendments and supplements brought to the current civil procedure code in various fields: the judgment before the trial court, the appeal, the second appeal, the special procedure and the enforcement. The author also formulates opinions regarding some of the new legislative interventions. However, some “innovative” solutions are also emphasized in relation to the provisions of the new Civil Procedure Code itself, some of them being considered by the author questionable.
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The Lisbon Treaty is designed to replace the Treaty establishing a Constitution for Europe. Its adoption brings about an improvement of the institutional law system of the European Union, due to the coming into force of the Charter of the Fundamental Rights of the European Union. It was proclaimed by the European institutions (the European Commission, the European Parliament and the Council of the European Union) on the occasion of the European Council of Nice on 7 December 2000 and its wording states for the first time in a single document, on the whole, the social, economic, civil and political rights that all the European citizens can benefit of.
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By Law no. 221/2009 on political convictions and the administrative measures related to them, pronounced during 6 March 1945 – 22 December 1989. This law provides for two categories of political convictions (during the mentioned period), namely two categories of administrative measures of a political nature, namely: the first category (by right), when the political nature of the criminal conviction (administrative measures) results from certain legal texts, explicitly indicated by Law no. 221/2009; the second category, when the political nature of the criminal conviction (administrative measures) can be established – at the request of the interested party –, at present, by the civil court. At the same time, either in the case of the first category, or in the case of the second category, the person in question, the husband/wife or the descendants (up to the 2nd degree) may request ordering the Romanian State to pay moral damages. According to the texts of Law no. 221/2009, the prosecutor’s participation is mandatory only in case the establishment by the civil court of the political nature of the criminal conviction or of the administrative measure is previously discussed.
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In this study, the author makes an analysis of the notion of “consumer” according to art. 6 of the Regulation (EC) no. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (called „Rome I) as compared to the regulation of this notion in the Romanian law (mainly in the Consumer Code – Law no. 296/2004 as subsequently amended and supplemented), emphasizing that the established Romanian law in this matter, although slightly different from the European law (Rome I) does not contradict the European law, but only explains it better and, partially, extends its incidence, and this to the benefit of consumers.
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In this study, the author proves that the adoption of 5 resolutions of the Government of Romania, during 2005-2010, regulating the operation of deconcentrated public services, organized at regional level (each including many counties) is unconstitutional in relation to the provisions of art. 120 and 123 of the Constitution of Romania (revised and republished), since, according to these constitutional rules, the deconcentration of public administration can be done only at the level of counties or the Bucharest municipality, and the prefect (appointed in each country and in the Bucharest municipality) is the representative of the Government at local level, having – among other things – the competence to manage the deconcentrated public services of the ministries and of the other specialized central administration bodies in the administrativeterritorial units.
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In this article, the author emphasizes the main amendments brought to the Romanian criminal and criminal procedure legislation by Law no. 202/2010 regarding certain measures to accelerate the resolution of trials.
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En el nuevo siglo los discursos de legitimación del poder punitivo se extraen de las nuevas realidades, originadas desde la hipótesis que aboga por la empírica constatación de una síntesis, que surge de la tensión dialéctica entre el binomio libertad vs. seguridad, que en la actual “sociedad del riesgo” se resuelve “irremediablemente” a favor de la última opción. Se trata de una forma de organización e interacción comunicativa, surgida con la postindustrialización, caracterizada por una serie de factores que la población estima como esencialmente negativos, vinculados al miedo al avance tecnológico y las modificaciones en los sistemas de producción, que suponen el nacimiento de nuevas realidades, que amenazan la seguridad de la población y también el Estado Social en algunos de los países desarrollados1. Al servicio de este modelo hay ahora todo un sistema de imputación que busca el mantenimiento de los valores de la sociedad, mediante la estabilización de la expectativa asignada por la norma penal y la neutralización del riesgo futuro de lesión a la misma. Esta legitimación significa asignarle un sentido útil a la tendencia creciente hacia la disminución de los espacios de libertad; en ese sentido, se dice, que la decisión es netamente política y no jurídico-penal: en consecuencia, no hay que inmiscuirse en ello, ni mucho menos calificar las nuevas regulaciones legales como algo positivo o negativo, como postula Jakobs.
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In the study below, the author examines the regulation of the inheritance right of the surviving spouse in the new Romanian Civil Code, (published in July 2009, but not yet in force), in comparison with the current regulation in this field (the Decree-Law no. 319/1944). In this respect, we note that the new Romanian Civil Code keeps the essence of the previous regulation, to which it adds a series of new elements and aspects realized by the legal doctrine over time. Therefore, the author concludes that the new Romanian Civil Code, “provides a semi-complete, fair, flexible and current regulation in the field of inheritance rights of the surviving spouse”.
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On the occasion of enforcing the European arrest warrant, the Romanian authorities dealt with the situation in which the person requested was subject to the development of judicial proceedings in Romania, regarding other offences than those for which the request had been made. In this case, the Law 302/2004, as subsequently amended and supplemented, provides for the possibility for the court to postpone the surrender until the completion of the judgment or until the execution of the punishment, or to order the temporary surrender of the person sued, under the conditions established by an agreement concluded in writing with the issuing judicial authority. The article examines matters related to the practical application of the institution of postponement of surrender, referring to the premise situation that needs to exist and to the possible solutions a court may order.
