-
The issue of the assigning of the public purchase contracts, of the public works or services assignment contracts is regulated, in Romania, by the Government Emergency Ordinance no. 34/2006, which has entered into effect in June 2006, and then it was successively amended and completed, through 14 Emergency Ordinances or Laws. In the current study, the authors analyse the recent amendments and completions of the Government Emergency Ordinance no. 34/2006 through the Government Emergency Ordinance no. 76/2010 (approved, with amendments, by Law no. 278/2010) with regard to jurisdiction (to the complaints solving procedure by the National Council for Solving Complaints in the field of the Government Emergency Ordinance no. 34/2006). For this purpose, the authors analyse the main amendments in the field, making, as the case may be, positive or negative appreciations. -
The current article examines the issue of the monitoring of the general revenues of the fixed assets (owned by the debtor), by the creditor according to the regulations included in Art. 789-801 of the new (Romanian) Civil Procedure Code (Law no. 134/2010), as compared to the appropriate provisions of the old (Romanian) Civil Procedure Code from 1865, which was successively republished in 1900, as well as in 1948. All in all, as it is only natural, usually, the new regulations are usually, as it is only natural, obviously superior to the previous ones.
-
The autonomous collaterals are regulated, for the first time, by the new Civil Code, within the personal collateral, together with the parent guaranty. The law allots them a small portion, equally essential and simple, so that they may have substance and legal identity. But their legal regime can be essentially revealed through the extension of the analysis to the regulations in the field. The uniform rules for demand guarantees constituted by the International Chamber of Commerce from Paris and the Convention of the United Nations Commission on International Trade Law with respect to the independent guarantee and the stand-by letter of credit. The present paper analyses the legal regulation, the concept and the legal category of the autonomous collateral. The author’s objective is that of revealing its complexity as a legal fundamental instrument in the field of internal and international business.
-
The execution of the warrant represents an essential element in the activity of the police bodies, which must make all efforts so as to arrest the convict. Throughout the article, the author describes the main controversies in the legal practice in relation to this area of activity, also making a critical examination of the legal provisions included in the current Penal Procedure Code, as well as in the new Penal Procedure Code.
-
The author analyses certain aspects related to prostitution, underlining the fact that, although the new Penal Code no longer incriminates this deed, it is still provided under Law no. 61/1991, representing a contravention punished through fine. In the author’s opinion, the lack of incrimination and the contravention application are not enough to eliminate all the negative consequences (sexually transmitted disease, abortion, human traffic with a view to compel them to supply sexual services, etc.) of the hidden exercising of this old profession. Therefore, in the author’s opinion, this activity should become lawful.
-
In this study, the author examines the two special banking procedures (the special supervision and the special administration), which can be ordered by the National Bank of Romania with respect to the Romanian credit institutions, based on the Romanian legislation in the field (Art. 237 – Art. 24022 of the Government Emergency Ordinance no. 99/2006 on the credit institutions and the capital adequacy, successively modified and amended through four laws and three emergency ordinances between 2007–2011).
-
Based on Art. 1361 of Law no. 31/1990 with respect to trade companies (republished), „the shareholders must exercise their rights in good faith, while observing the legitimate rights and interests of the company and of the other shareholders”. While considering this main norm, and by also taking into account the jurisprudence, as well as the doctrine from France and the United States of America, the author reaches the conclusion that, despite the incomplete nature of the law reproduced above, the Romanian law also legally allows, at the moment, the initiation of a (patrimony) liability, either by the legal representatives of the trade company, or by the minority shareholders (associates), or by the legal representatives of the trade company, or even by the minority shareholders (associates) (but in the benefit of the trade company),against the shareholders (associates) who, through their votes (in the general assembly of the shareholders/ associates), have affected the trade company, by not observing Art. 1361 of Law no. 31/1990.
-
The correlation between parliament and democracy is a classical one. It has been proven not only by the beginnings of parliamentarism, related to limitation of the omnipotence of the monarch, but also by subsequent developments, especially in the generalization of universal suffrage, but also by the historical experience of the previous century, when the collapse of totalitarian or authoritarian regimes has always been followed by the return to parliamentarism or to a political system in which Parliament’s role is essential. After joining the European Union, its role was enhanced by its involvement in the European decision-making process by means of monitoring the compliance with the principles of subsidiarity and proportionality of the proposed EU legislation or of the implementation of directives into national law.
-
The author analyses crimes such as “Not helping a person who is in need” and “Preventing help” from the new Penal code, revealing, if the case may be, the similarities and differences as compared to the effective penal law. The last part of the article contains elements of comparative law, with reference to the approached theme.
-
In the current study, the author examines the novel provisions within the new Penal Code with respect to crimes against life. Thus, one has successively analyses the laws sanctioning: murder, first degree murder, murder upon request of the victim, determining or facilitating suicidal, third degree murder, the murder of the new born by the mother. The comments were exclusively concentrated on the differences between the current regulation of these crimes, and the new regulation to be instituted by the new Penal Code. A more detailed analysis was made by the author with respect to the “Murder upon request of the victim”, which is new in the penal Romanian legislation.
-
The article approaches the offence of “patrimonial exploitation of a vulnerable individual” under the provisions of Article 247 of the new Criminal Code. On these lines, the author conducted a thorough review of its legal content and highlighted issues of procedural nature. Likewise, there are also expressed critical opinions on how the legislature sought to regulate the offence’s conditions of existence, likely to severely limit its factual scope thereof.
-
After the entry into force of Law no. 118/2010 (3 July 2010), one has wondered if the provisions of this Law, regarding the reduction – for the staff of the budget units – of the wages by 25% is applied also in the case of the teaching and auxiliary personnel within the budgeted education units, and with respect to pecuniary rights related to the leave of absence for July – August 2010. By evoking controversial solutions in terms of jurisprudence, the author, following an exhaustive analysis of the regulations in the field, reaches the positive conclusion (therefore the reduction of said rights by 25%).
