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The philosophical inquiry of law, unlike the positive legal sciences, is concerned to find answers and arguments as nuanced and deep as possible to questions and issues such as: the origin and meanings of the law and of the legal phenomenon, the legitimacy of the legal norms or the finality of law. This analysis, mostly philosophical, is not a simple rational exegesis, but it also has a practical importance since, depending on the answers and the solutions adopted, there can be formulated, interpreted and applied the principles of law, as well as the concrete, positive legal norms and, mostly, there can be understood the complex relationships between man and society, on the one hand, and, on the other hand, it can be better known the legal system in its unity or in its historical determinations and configurations. In this study we summarize the historical evolution of the main theories and conceptions on the origin, meanings and finality of law, as ideological subsystem. Arguments are brought in favour of the topicality and importance of jusnaturalist theories (of the natural law), because, in relation to man and to rationality, they best explain the unity and stability of the law not only as normative system, but rather as value and rational reality, which, by establishing some rights inherent to the human being, intangible, rational and inalienable rights, proves the atemporality of law, as expression of some rational paradigms valid in all times and which can be distinguished and understood in the historical evolution and fluctuation of the positive law. -
This study proposes the approach of an identified problem with regard to the regulation of the manner of applying the complementary punishment of prohibition to exercise some rights. By the analysis made within this study, the author identifies a situation of inequity which can arise in precise cases between the case of the sentenced person conditionally released from serving the punishment of life imprisonment and the case of the conditionally released person sentenced to imprisonment in detention.
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Some constitutional precepts may arise through case law path and, depending on their importance as real or formal sources for the constitutional law, there may be included in the constitutional base, as prof. I. Deleanu noticed. It is similar case for the constitutional category formed by the democratic traditions of the Romanian people. The present study aims the application of the historical interpretation method in the Romanian Constitutional Court case law, that produced two main effects. A first well-known effect of this type of constitutional case law is the adoption process of the Romanian democratic traditions in the Romanian Constitution. The application of the retrodiction in the Romanian Constitutional Court case law, as specific practice of the historical method, produces a second type of effect on the interdisciplinary category represented by the democratic traditions of the Romanian people, that, by nominating the legal or political documents that are representative for the political history of our country, may lead to the detection of the founding document for the Romanian constitutionalism. In the next place, the study aims to answer the question referring to the public law document belonging to the national political history, whereat the constitutional resort will insist in the process of building a new constitutional precept, that involves the reconnection of the constitutional tradition to an originated democratic and national stream, guiding also the sense of its foundation through the praetorian anchoring to the oldest document that typologically corresponds.
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The study deals with the particularities of the human medically assisted reproduction in the cross-border private relationships. Among the artificial procreation techniques, surrogate motherhood is of present interest, as a result of the multiplication of the requests for recognition, on the territory of the forum, of the foreign judgments which establish the filiation of the child born abroad. The implications of private international law are tangential to the qualification, to the conflicts of laws in time and space and to the effectiveness of the foreign judgments. The heterogeneity of the national regulations is the main factor creating non-unitary case laws and different practices – some of them, questionable. The context of the analysis does not allow the dissociation of the artificial procreation from the higher interest of the child, so that any de lege lata or de lege ferenda solutions must be examined through the filter of this fundamental principle.
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Starting from the situations encountered in the judicial practice, in the disputes regarding the right of the employees to the classification of their workplaces into outstanding or special conditions, and given the particularities of this fundamental right of health and safety at work, with a special view on the practical consequences which the recently pronounced decisions of the supreme court will have, decisions which have established that the employees do no longer have available the option of the action for establishing the classification of workplaces into outstanding or special conditions in contradiction with the employer, this article analyses the respect for the employees’ right of access to justice, to non-discriminatory treatment and to receive their benefits consisting of social insurance rights.
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In agreement with the given title, we dedicate this study to some discussions about various legal aspects of the contract of assignment of the patrimonial copyrights in the regulation of the Law No 8/1996 on copyrights and neighbouring rights. We have in view, especially, the legal nature, the legal characters, the definition, the object, the revision and the cancellation of the assignment contract. We believe that such an approach is useful, since the Law No 8/1996, being adopted under the influence of the „previous Romanian Civil Code”, is outdated, in some respects, by the normative solutions provided by the „present Romanian Civil Code”. In fact, this is the main reason that „enhances” non-unitary or questionable doctrinaire solutions in the matter.
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The article presents the nullities in the Criminal Procedure Code and supports the necessity to regulate the virtual nullities through a common provision, allowing the appeal court to cancel the sentence of the court of first instance and to send the case back for re-examination to the court whose judgment has been cancelled, when the challenged sentence is annulled and the court examining the merits is required to give another sentence.
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This study deals with the delicate problems of infringement of the provisions of the Constitution of Romania by the norms of the Criminal Procedure Code governing the legal regime of the action in cassation, an extraordinary means of appeal. The author of the study notes that the analyzed norms are not in agreement with the principles written in the Basic Law, invoking in support thereof, for identity of reason, the grounds of the Decision No 485 of 23 June 2015 of the constitutional contentious court.
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The new normative framework established in matters of public procurement, of sectoral procurement and of concessions, was required in considering the necessity to transpose the three European directives of 2014 into our domestic law. In addition to the three normative acts, it has been adopted a special normative act that regulates the remedies and the means of appeal in the matter of the procedure of award of the public procurement contracts, of the sectoral contracts and of the works concession and services concession contracts. In the ambience of the new normative framework thus established, this study intends to make a detailed analysis concerning the settlement by administrativejurisdictional means of the disputes derived from the procedure of award of these contracts, as well as the means of appeal that may be exercised against the decision of the body vested with administrative-jurisdictional powers.
