Prezentul comentariu este generat de o notă critică la Decizia nr. 3915/2013 a Înaltei Curți de Casație și Justiție, Secția a II-a civilă, pronunțată în Dosarul nr. 2342/111/20071, notă critică publicată pe site-ul Juridice.ro, în „Revista de note și studii juridice”, la data de 15 august 20142.

In the matter of cases of application of the measure of preventive arrest, as in the case of other institutions, the new Romanian Criminal Procedure Code contains new regulations and takes over, in a limited extent, some provisions of the previous Criminal Procedure Code (of 1968). In this study, the authors analyzes the institution of preventive detention, with special reference to the cases of application of this measure, by presenting some critical issues and by proposing some improvements to the new regulation.

In the context of integration of Romania into the European Union and of the normative acts adopted by the Romanian legislator in order to ensure the compatibility of the internal law with the European Union law, the tax disputes and, in particular, tax administrative disputes are conferred a great importance. In the ambiance of the European rules and of our internal law, this study intends to analyze several aspects regarding tax administrative disputes, as well as the application of the principle non bis in idem in the matter of tax administrative disputes, in relation to the case-law of the European Court of Human Rights and of the European Court of Justice of the European Union.

The professional civil liability insurance of physicians is perceived as an additional pecuniary charge of those who want to practice, however, given the increasing number of complaints against some acts of medical malpractice and the moral damages in high quantum granted by the courts to the injured parties, in reality it becomes a real means to protect the property of these professionals. The occurrence of an error in conducting the professional act is possible at any time, which is why a special emphasis is given to taking ex ante measures in order to manage the possible materialisation of an act of malpractice. Such a prophylaxis measure is the negotiation for concluding an insurance contract for professional civil liability, which provides protection for a wide range of risks, compensates several possible types of damage, establishes the limit of the insured amount as high as possible. The plurality of the professional civil liability insurances significantly increases the degree of patrimonial protection of the insured.

The article deals with the issue of joinder of executional files, making reference to the meaning of the syntagm „expenses incurred by the time of joinder”, to the possibility of reducing the court executor’s fee within this procedure, to the manner and to the time limit for contesting the interlocutory judgment of the court executor.

This article aims to analyze a recent normative act through that were amended and supplemented the normative acts in matters of education, respectively, the Law on national education No 1/2011 and the Government Emergency Ordinance No 75/2005 on quality assurance in education. The approach is focused both on procedural aspects of the adoption of administrative act, in order to determine how the constitutional requirements have been met, but also on the substantive issues, that aim some of the legislative solutions which it enshrines. Among them, the article paid a special attention to the consecration, for the first time in the Romanian legislation, of the possibility that the holder of a scientific title can give up to it. In our opinion, the newly introduced rule has some weaknesses, both in terms of how it is written, but also on the legitimacy of the solution itself.