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1. ANDREESCU, MARIUS – Constituționalitatea recursului în interesul legii și a deciziilor pronunțate. În: „Curierul judiciar” – nr. 1/2011, p. 35-38. Autorul susține propunerea de lege ferenda ca, în perspectiva unei revizuiri a Constituției, sã se prevadã competența Curții Constituționale de a exercita control de constituționalitate asupra deciziilor pronunțate de Înalta Curte de Casație și Justiție în procedura recursului în interesul legii și asupra actelor juridice exceptate de la controlul judecãtoresc. -
Potrivit dispozițiilor art. 21 alin. (1) din O.G. nr. 25/2002 privind unele mãsuri pentru monitorizarea postprivatizare a contractelor de vânzare-cumpãrare de acțiuni deținute de stat la societãțile comerciale, în cazul desființãrii contractului pe cale convenționalã sau judiciarã, Autoritatea va reține de la cumpãrãtor toate sumele achitate de acesta în contul contractului, reprezentând, dupã caz, avans, rate, dobânzi, penalitãți achitate cu orice titlu pânã la desființarea acestuia.
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Presenting the specific fundamental rights granted to the European citizens, of the new rights guaranteed in compliance with the progress and development of the society and taking into consideration the case law of the European Court of Human Rights and of the Court of Justice of the European Union, the author emphasizes the autonomous nature of the Charter of fundamental rights of the European Union. The fact that the Charter of fundamental rights of the European Union is granted a binding legal value after the Treaty of Lisbon enters into force, shall have an important part for the accession of the European Union to the (European) Convention for the protection of human rights and of fundamental freedoms. The Charter of fundamental rights of the European Union shall contribute to the acquirement of the important part that the European Union will play on the international stage, in the field of the human rights protection.
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In this study the author carries out a summary of the anti-competitive practices, of the applicable laws at the national and European level, of the investigation and control procedures. Thus, the anti-competitive practices, the different views of the American law system and the European law system are examined regarding these practices and their impact on the national and world economy, the actions taken by the supervision and control authorities for their incrimination, the applicable sanctions.
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In this study the author examines the treason offence both from the perspective of the applicable Criminal Code and of the new Criminal Code, pointing out the main similarities and differences between the two regulations. Likewise, the high treason is referred to, representing a legislative novelty introduced for ensuring the legality principle related to the provisions of the Constitution of Romania, as republished.
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Taking into consideration the subtle and random criteria as an incidence in the delimitation of influence peddling from the fraud offences, it is likely that in very similar cases of misleading, the criminal will be lucky due to the occurrence of the influence peddling or it is likely that should not have been lucky when he committed materialized deeds supplementing the constitutive content of the fraud offence in relation to similar material damages. It is likely to cause material damages also in the matter of the formal criminal deeds and in the process of the legal and judicial individualization of the punishment, also the amount of the material damages produced as a result of the concrete endangerment offence should be taken into account.
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The article contains an analysis of litigation on reducing military service pensions recalculated/revised by Law no. 119/2010 and by Government Emergency Ordinance no. 1/2011, in relation to those retained by the High Court of Cassation and Justice in Decision no. 29/2011, given in solving interesting appeal in law, on the application of the provisions of Law no. 29/2011. From the perspectives of the Decision no. 29/2011 the High Court of Cassation and Justice, the analysis is presented on two levels. First, targeting issues of constitutionality of the Law. 119/2010 and, second, conventional control of the law courts, in assessing the application effects in concreto of national standards, by reference to the European Convention on Human Rights.
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According to the Romanian laws in the matter, the President of Romania, the senators, the deputies, the presidents of the county councils, the mayors, the county counselors and the local counselors are elected by the people by direct vote. Instead, the vice-presidents of the county councils and the deputy mayors of the local councils shall be elected by the indirect vote of the representatives elected in the county councils and respectively, in the local councils. Examining this issue regulated in several laws successively amended and supplemented, which results in a series of confusions regarding the enforcement, the author concludes that it would be reasonable and advisable for the vice-presidents of the county councils and for the deputy mayors of the local councils to be elected by a direct vote.
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According to the previous Romanian Civil Code (1864), and to the present Civil Code, as well (Law no. 287/2009, as republished), regarding the way they are drafted, the contracts may be consensual or real, as appropriate (the contract is drafted just upon the handover of the good; only a promise of agreement is valid until that time). The author, according to a certain part of the Romanian legal doctrine, considers that from the legal point of view, the contract for the transportation of persons has a consensual nature (is concluded by the simple agreement of the parties), however the contract for the transportation of goods has a real nature (being concluded just upon the handover of the good to be transported).
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In this study the author performs a general exposure of the concept of periodic penalty payments firstly (concept, terminology, origin and evolution; legal nature; goal, legal basis; structure), and then examines the legal regime of the periodic penalty payments in the administrative matter (the grant conditions; the forms of the periodic penalty payments and the liquidation of the periodic penalty payments in the matter, and finally he discusses about the issue of the periodic penalty payments in the administrative matter in the light of the European Convention for the Protection of Human Rights and of Fundamental Freedoms (including in terms of the practice of the European Court of Human Rights from Strasbourg).
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The trust that the patient grants to the medicine professionals for applying the prevention or treatment methods corresponding to his health condition, under the lowest risks, depends on correct and complete information regarding his prevention, diagnostic and treatment activities. Actually, the breach of this deontological duty represents an act of betrayal of his trust, as he could not choose the best solution corresponding to his own interests, in the circumstances in which the patient is free to decide about his own fate. From the legal point of view, this breach of duty results in the civil liability incurred for the prejudices caused to the patient. Considered from the perspective of the biomedical ethics, the physician’s duty to inform the patient brings into focus an interesting subject of research: the manner in which the observance of the patient’s autonomy affects the mechanism of adopting the medical decision related to the diagnostic, the care, the treatment or determining him to undergo certain scientific experiments. From this perspective, the study tries to provide a new approach of the duty of information, but this time from the ethical point of view related to the consideration due to the dignity of the patient human being who is so vulnerable and suffering. The selection of the case law solutions rendered completes the exposure of the legal consequences regarding the breach of this duty.
