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Cerința interesului de a fi actual trebuie îndeplinitã pe tot parcursul procesului, iar nu numai la momentul introducerii acțiunii. Astfel, în cazul în care pe parcursul procesului acțiunea promovatã de reclamant rãmâne fãrã interes, demersul procesual, inițial justificat, rãmâne fãrã o finalitate practicã din punct de vedere juridic, soluția consacratã jurisprudențial în atare situații fiind aceea a respingerii acțiunii ca rãmasã fãrã interes (Înalta Curte de Casație și Justiție, Secția comercialã, decizia nr. 2623 din 13 septembrie 2011). -
Prevention and fight against cross-border offences specific to organized crime shall be a major aim assumed by the European Union, an aim which has become imperative in time because of the proliferation of criminality in the matter and implicitly of the high degree of social danger of these categories of criminal offences. The study exposes a comparative analysis of the European Framework normative act, as compared to the provisions contained in the national internal laws, the author revealing that the Romanian criminal law is present interest, and in these circumstances the Romanian legislator shall not operate any amendments for the transposition of this normative act in the Romanian law. Beforehand, this subject represented the subject matter of certain different investigations in the field of judicial cooperation in the criminal matter among the Member States, concretized in studies and items published in specialty journals or international conferences, where the need for the harmonization of laws was pointed out among the Member States. Likewise, this study exposes also certain critical remarks related to certain rules contained in the European normative act, which, according to the author’s opinion, should be supplemented. Finally, this study is distinguished both by the comparative examination of the Council Framework Decision 2008/841/ JHA of 24 October 2008, with the provisions of the national internal law, and by the critical formulated remarks.
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This study examined in a comparative manner the provisions of the Council Framework Decision 2008/675/JHA of 24 July 2008 compared to the Romanian internal provisions related to taking into consideration the criminal convictions decided in another European Union Member State, in the circumstances in which in another Member State a new criminal lawsuit is being initiated against the same individual, but for different facts. The investigation is important since the above mentioned European normative act is classified in the broad range of measures taken for the purpose of the harmonization of laws in the field of judicial cooperation in the criminal matter within the Member States, and the Romanian laws have not been adjusted yet to the European legislative system. Based upon the investigation carried out by the authoress, it results that both the examined European normative act and the internal laws in the matter have certain lacks and for this reason their amendment and supplement is required. The essential contribution of the study shall consist in the examination of certain judicial rules and the identification of certain situations which have to be regulated either by supplementing the European normative act, or by the adoption of another instrument, the same situation being valid as regards the Romanian laws, as well.
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This study examines the twinning of the rules and principles of the European Union law (Directive 1999/70 EC of 28 June 1999 enforcing the framework Agreement concluded on 18 March 1999 between the European social partners as regards work for a limited period of time) together with the national laws of certain European states (France, Germany, Romania) in the field of individual employment agreements concluded for a limited period of time.
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This study proposes to highlight the evolution of the international criminal court, from the establishment of ad-hoc courts, respectively the International Criminal Court for the former Yugoslavia and the International Criminal Court for Rwanda and up to the daily activity of the International Criminal Court, from the perspective of a very sensitive aspect both from the political and judicial point of view: the criminal liability of remarkable leaders, being responsible for the design, management and control of criminal activities committed during the military conflicts and submitted to trial in these courts. In the content of the study, the author points out the legislative and doctrine-related difficulties which the international judicial bodies faced, the judicial formulas that these bodies chose or created in their action of the application of justice, as well as the current and future orientations of the judicial practice of the International Criminal Court.
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According to the opinion of the author of this study, the periodical verification, during the trial, upon the receipt of the criminal file, but also at time intervals of maximum 60 days, of the legality and validity of the measure of preventive arrest of the defendant, shall be carried out by the court, no matter whether the warrant of preventive arrest was executed or not. Failure to perform this obligation during the trial, even for the non-confined defendant, shall lead to the rightful termination of the preventive arrest.
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This article proposes to examine certain aspects related to the incompatibility of the criminal investigation bodies and of the prosecutor within the criminal lawsuit. The authors take into consideration mainly the incidence of incompatibility cases in the stage of preliminary acts, emphasizing the case of incompatibility set forth in art.48 paragraph (1) letter d) of the Criminal Procedure Code. Through their scientific undertaking, the authors try to demonstrate that incompatibility concerns, to the same extent, both the stage of criminal prosecution, and the stage of preliminary acts. Likewise, the scope of the above mentioned incompatibility case and the decision related to its prosecution are examined from the perspective of the provisions of the (European) Convention for the protection of human rights and fundamental freedoms and of the case law of the European Court of Human Rights, as well as in the light of the provisions of the new Criminal Procedure Code.
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In the general context of the biodiversity preservation and of the protection of nature, an important issue shall remain that related to the animals’ rights, as a way of defense and preservation of this essential component of biodiversity. The author reveals that recognizing and guaranteeing these rights shall remain, however, a process in full development, extremely difficult and complex, which supposes to take into consideration certain different values: ethical, biological, environmentally friendly, legal, and so on. Its current stage of development is the result of certain overlong evolutions, is characterized by certain aspects and expresses a series of trends of future developments. However, the continuous and most of the times improvised adjustments and readjustments feed the legislative chaos and implicitly, a contradictory case law in the matter.
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The diplomatic activity of the states may have a highly positive part in the normal course of the development of international relationships, so that certain disputes or other negative consequences may be prevented in fields of common interest, such as: the observance of the right to self-determination of the states, the limitation of environmental pollution, the correct usage of natural resources, the fight against terrorism or the enforcement of international treaties.
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In this study the author examines the recent changes to the legal status of free movement on the Romanian territory of the citizens of European Union Member States, European Economic Area and of the Swiss Confederation citizens through Law no. 80/2011, checking also their compatibility with the provisions of the Directive no. 2004/38/CE on free movement and residence of the EU citizens and of the family members on the territory of the member states and, when it is required, the way of reporting them to the legal status of the foreigners in Romania.
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Trying to integrate the precautionary principle in the law of torts is a challenge that took the author back to the origins of tort law: responsibility and its etymological, philosophical and juridical roots. The findings of this intellectual endeavor envisage the expansion of tort law towards new dimensions of time, space and human relationships. With a shift of perspective, from the past towards the future, tort law reinvents itself by facing uncertainty, by reforming its mathematics and rediscovering its guiding principles. The goal of this study is to establish the principles and conditions of preventive tort law, the civilian tort law expression of the preventive and precautionary principles.
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Romania, by adhering in July 1961, to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, adopted in New-York as at 10 June 1958, on that occasion formulated a reserve, in the sense that our country shall enforce the Convention „only to disputes arising from lawful contractual or non-contractual relations being deemed as commercial by the national law”. Since as at the 1st October 2011 the current Romanian Civil Code entered into force (Law no. 287/2009, as republished as at 15 July 2011), as well as Law no. 71/2011 for the enforcement of the current Civil Code, both of them having a monist character (without considering the commercial law as an autonomous discipline of law), but recognizing further the category of merchants (a component of the professionals’ category) the authoress considers that, on one hand, the above mentioned reserve shall be construed as referring exclusively to the legal relations among merchants, and, on the other hand, as opposed to what the law is, that Romania is about to waive the concerned reserve at issue in the future.
