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Commenting on a judgment pronounced by Craiova Court of Appeal, the author makes certain considerations related, on one hand, to the prosecutor’s right to declare the appeal regarding the civil side for lack of appeal of the civil party and, on the other hand, to the effects of the second appeal in the criminal proceedings. -
The globalization phenomenon is inevitably leading to a development, without precedent, of the international trade, in general, and of the freight, a situation that emphasizes the current complex issue of defining the law applicable to the international contract of maritime freight, and also the enhancement of afforts for the elaboration of an uniform frame applicable to international trade contracts in general, by the specialized institutions – UNCITRAL, UNIDROIT, the Hague Conference on international private law; the existence of an uniform law proves to be the best solution in order to avoid difficult issues caused by the conflict of laws, process which is constantly developing without achieving the elaboration of an universal interstate convention, that could unify the conflict solutions applicable to all international trading contracts, and consequently, at least for the time being, the conflict of laws is not completely eliminated. From this perspective, the law applicable to the international charter party has been analyzed according to the European Committee Regulation no. 593/ 2008 of the Europea Parliament and Council regarding the law applicable on contractual obligations – Rome I, and according to the inter-American Convention on the law applicable on international contracts (CIDIP Convention).
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Certain considerations are mentioned in this study regarding the privilege of the confidentiality of the journalists’ information sources. To this end, there is carried out an interesting description of the European conception on the confidentiality of information sources (case law of the European Court of Human Rights; Swedish, German, British, Belgian, French laws), of the conception in the matter of the laws and case law of the United States of America, as well as of the Romanian conception, finally. The study concludes by emphasizing the need for the adoption of a modern Romanian mass-media law, pointing out that the freedom of the media can never be absolute and consequently, may be limited by legal exception rules of interpretation strictly.
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In this study, the author, after having pointed out the need for taking certain measures on combating the organized crime at the European level in compliance with the actions of the United Nations Organization in the matter, discloses, on one hand, the measures adopted at the level of the European Union regarding the incrimination of deeds regarding the crime organization and, on the other hand, examines the provisions of the framework decision of the Council 2008/ 841/JAI of 24 October 2008 regarding the fight against organized crime. Likewise, the author describes the implications of these measures on the criminal laws of Romania. -
In this study the author analyses the individual amnesty at the level of the constitutional disposition, in the light of the compared law as a prerogative of the head of State. Covering this analysis, the author concludes that the deed of individual amnesty represents a discretionary and sovereign duty known in most cases as a prerogative of the executive body which exercises this prerogative being able to pardon, usually, without any justification, any individual, no matter the offence he/she committed, provided that he/she was finally sentenced.
