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The study aims to demonstrate ability to expand criminal proceedings regardless of the current procedural stage, on grounds of its general trait of being indivisible, as well as its ways of expression during the prosecution phase within the procedural framework set forth in article 238 in the Criminal Procedure Code. There are also reviewed the legal nature of the ordinance extending the criminal investigation and its trial functions, as well as the legal effects of the expansion of criminal proceedings during the first stage of the Romanian criminal trial over other procedural institutions. From the perspective of the new criminal procedure code, the avatars of this extremely important procedural institution for the criminal prosecution phase are tracked and analyzed comparatively. -
In the following study the author reviews the decision making in the European Union (including the European Atomic Energy Community) as governed by the Treaty on European Union and the Treaty on the Functioning of the European Union subsequent to the entry into force of the Lisbon Treaty (which occurred on December 1st, 2009), compared with previous regulations, the exposure being focused on the innovations brought by the latter Treaty, in relation to previous establishments.
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In the research hereby, the author considers that in determining the amount of pension for retired judges between July 3rd, 2010 and December 31st, 2010, one should consider compensation in the amount admitted for the magistrate (judge or prosecutor) by Framework Law no. 330/2009, and not the one diminished by 25% (according to Law no. 118/2010 on certain measures requisite to restore budgetary balance), as the latter had temporary character (July 3rd to December 31st, 2010) and by the aforementioned Law there was no readmission of the magistrate (as accomplished since January 1st, 2010, under the Framework Law no. 330/2009).
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In the above study the author reviews the terms of contentious appeal – according to various assumptions regulated by Law no. 554/2004 against the urban planning certificate, appraisals or agreements served for the issue of the building permit by relevant authorities in the field of environment protection and water management. Key words: urban planning certificate; appraisals/agreements for the issue of the building permit by relevant authorities in the field of environment protection and water management; legal requirements; applicable laws.
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Law no. 272/2004 regulated – in the aggregate – the legal regime of protection and promotion of the rights of children in Romania. In the research hereby, the author conveys some viewpoints on the rules of law mentioned in relation to the exercise of parental rights and responsibilities when determining the special protection measure of placement by the child protection committee, committee settled by the same law.
