-
The scientific approach of the authors starts from the fact that, when it comes to concepts such as, for example, resilience or victimology, which can not be understood or applied without a multidisciplinary, interdisciplinary or even transdisciplinary approach (see the conclusion which the authors have reached with regard to the possibility of appearance of a new discipline, namely legal resilience), the competences of the legal science specialists, in general, and of those in the field of criminal law, in particular, together with the competences of the specialists in psychology, psychiatry, and others, are extremely important. The authors place the above-mentioned concepts on the law – psychology – psychiatry interface and they analyze them from the perspective of the criminal justice and of the relationship between the persons involved, respectively the victims of crimes (minors and adults to the same extent), with society, but also with the aggressor, both before committing the criminal act and thereafter. Moreover, with respect to resilience and victimology, after it is pointed out that they do not have unique definitions, generally-accepted, there are also revealed the essential points on which those involved in the research of these matters have agreed upon, as well as the exchange of information and of procedures performed at the the boundary between resilience and victimology. At the same time, the criminal justice is not treated under a retributive aspect, but more from the point of view of a reparative, restorative justice, of the means by which it contributes to the mental health of the victims, of the populations that live in traumatized societies, to repairing the social trauma, to establishing the causes and the prevention of victimization, etc. At the same time, the authors also present the guarantees of the right to a fair trial granted to the victims of crimes, as well as some regulations intended to prevent victimization and to grant legal protection to the persons in precarious situations, such as: refugees, mentally ill, abandoned children and others. -
The article aims to analyze the main aspects that characterize the procedure of concluding the plea agreements, concluded between the prosecutor and the defendant, within the proceedings before international criminal courts. The fact that these courts have taken features from both legal systems, inquisitorial and accusatorial, as well as the fact that this procedure has been implemented in a stage subsequent to the adoption of the statutes of these courts, for reasons of practical necessity, makes their experience of over 12 years in implementing this procedure particularly useful to the European continental legal systems which, in their large majority, have recently adopted the Plea Agreement procedure. These also include Romania, once the „Plea Agreement” institution has been regulated within the provisions of Articles 478–488 of the new Criminal Procedure Code, which makes the study of the case-law of the international criminal courts also useful in the Romanian judicial practice.
-
In this study the author brings once again to our attention an older idea which, unfortunately, still remains ambiguous, namely the existence of a legal science. In this paper law is approached as doctrine, science and case-law, the author attempting and succeeding in capturing its role in society, as well as its quality of authentic science.
-
The person entitled to succession is the person that has the freedom to choose between the acquiring of the title of heir, by accepting the succession, and the denial of such quality, by waiver. The two sides of the successoral option – acceptance of inheritance and waiver of inheritance – both in their sense of subjective rights and in the sense of legal acts must be appreciated and understood in correlation with other notions and institutions, in the first place of the law of succession, and also belonging to other matters of civil law. In this context, there are presented some aspects of regulating the successoral option, which have been interpreted otherwise by doctrine or which have the potential for controversy, among others, as a result of shortcomings in phrasing of some texts of the Civil Code or by failing to observe some relationships they have, as mentioned above, with other legal notions and institutions.
-
This study provides a detailed and systemic analysis of the provisions of Article 358 of the Civil Code referring to the partition of common assets jointly owned by the spouses during the community matrimonial regimes. More specifically, it is analysed the possibility to extend the provisions of Article 358 of the Civil Code also over the partition of per-shares common assets of spouses, as well as the applicability of the provisions of Articles 669–686 of the Civil Code within this partition. Likewise, there are distinguished the elements of continuity and those of novelty of the present regulation, referring to the partition of jointly owned common assets during the community matrimonial regimes, in relation to the regulation previously established by Article 36 (2) of the Family Code. Finally, there are expressed some critical opinions in connection with the provisions of Article 36 of the Law No 71/2011 implementing the Law No 287/2009 on the Civil Code referring to the application in time of the provisions of Article 358 of the Civil Code.
-
In this paper we intend to determine if the legal regime applicable to the superficies consisting in the right to build on the land of another is different from that prescribed for the superficies established on an existing building. Although it defines it in Article 693 (1), as a form of the right of superficies, the Civil Code does not contain provisions with special reference to the exercise of the superficies consisting in the right to build. Only in the event of ending of this special superficies due to the expiry of its duration, Article 699 (1) and (2) of the Civil Code provides for a regime derogating from the general rules of artificial real estate accession. In these circumstances, the powers of the superficiary who acquired the right to build on the land of another were indirectly inferred from the restrictive provisions contained in Article 695 (2) of the Civil Code, applicable to the superficies established on an existing building. The conclusion we reached is that, when superficies takes the form of the right to build, the superficiary enjoys a preferential treatment compared to that applied to the one who has acquired a superficies on existing buildings. This regime remains favorable in case of ending of the right of superficies due to the expiry of its duration, based on the special rules derogating from the general ones regulating artificial real estate accession established as a result of the ending of the superficies. The common rules applicable to both forms of the right of superficies were not tackled in this paper.
-
The author makes an analysis of the stages preliminary to judgment of the appeal ex novo in the view of the new Civil Procedure Code, of the legislation implementing this Code, as well as of the Internal Rules of the law courts, debates the issue of regularization of the application for appeal ex novo and the incidence in the appeal ex novo of the provisions of Article 200 of the Civil Procedure Code. At the same time it is subject to analysis the issue of the law applicable in matters of judicial stamp duty after the entry into force of the Government Emergency Ordinance No 80/2013, concerning the applications for appeal ex novo submitted after 29 June 2013 in trials initiated during the period when in the matter of the judicial stamp duty the Law No 146/1997 was in force.
-
Articolul 60 din Codul muncii reglementează ipotezele în care angajatorului îi este interzis, pe o perioadă limitată de timp, să procedeze la concedierea angajaților săi. Articolul sus-menționat are următorul conținut: „(1) Concedierea salariaților nu poate fi dispusă: a) pe durata incapacității temporare de muncă, stabilită prin certificat medical conform legii; b) pe durata suspendării activității ca urmare a instituirii carantinei; c) pe durata în care femeia salariată este gravidă, în măsura în care angajatorul a luat cunoștință de acest fapt anterior emiterii deciziei de concediere; d) pe durata concediului de maternitate; e) pe durata concediului pentru creșterea copilului în vârstă de până la 2 ani sau, în cazul copilului cu handicap, până la împlinirea vârstei de 3 ani; f) pe durata concediului pentru îngrijirea copilului bolnav în vârstă de până la 7 ani sau, în cazul copilului cu handicap, pentru afecțiuni intercurente, până la împlinirea vârstei de 18 ani;
-
This paper intends to contribute to the reform of the Romanian legislation for preventing and combating terrorism. For this purpose, the author examines briefly three aspects. First, it refers to the meaning of the term „terrorism”. Secondly, it analyzes the reason that has imposed the use of the term of terrorism in international documents and, in particular, which is the purpose of the international conventions in this matter. Thirdly, there are investigated the main provisions of the Romanian legislation (Law No 535/2004 on preventing and combating terrorism), emphasizing some of its shortcomings. Finally, the paper includes some conclusions on the compliance or, where appropriate, the inconsistency between provisions stipulated in international documents and internal provisions.
-
From the Decision No 42/2008 of the High Court of Cassation and Justice, United Sections, it emerges the rule cancellation excludes revocation in respect of which, given the finality of decisions in the interest of law to ensure a unitary practice, it must be admitted that the applicability is wider than the hypothesis that has generated it. -
Criminal regulations are lacunary as regards the punishment of the actions of some persons to determine, by corruption or by other means, ordered assassinations or other serious offences, although their activity is extremely dangerous, taking into account the fact that, sometimes, the victims escape only owing to the benevolence of those instigated, which, in some cases, even denounce the instigators.
-
Under European law, EU directives and the problems of their transposition into national law are an issue that reflects the complex nature of the relationship between EU’s power to issue regulations and Member States’ tasks in deciding the optimal form of application of these rules internally. This paper presents the experience of Romania, one of the new Member States which joined the EU in 2007, with regard to the transposition into national system of the European directives as a means to illustrate the dynamics of the relationship between the European Union and the Member States.
