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The new regulation in the civil matter, as represented by Law no. 287/2009 on the Civil Code, adapts quasi-totally the institution of the acceptance of the inheritance. In this context, this study intends to examine the problem of the acceptance of the inheritance, a valence of the law on succession option, in all the matters it comprises, to reveal the novelties brought by Law no. 287/2009 in this matter and to assess their usefulness and opportunity. -
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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This study examines preliminarily the documents upon which the Court of Accounts concretizes its activity, and it analyses further in a detailed manner the remedies at law against these documents, by emphasizing the non-unitary case law in the matter, namely: if the law court is competent in the first instance (the Administrative and Fiscal Section), and the Court of Appeal is competent in the second appeal (the Administrative and Fiscal Section) or, on the contrary, the Court of Appeal (the Administrative and Fiscal Section) is competent in the first instance, and the competence shall belong to the High Court of Cassation and Justice in the second appeal (the Administrative and Fiscal Section). Based upon a comprehensive analysis the authoress points out that the last solution shall be legal.
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The new Criminal Code, adopted by Law no. 286/2009, sanctions the fact of the clerk who claims or gets sexual favors, in order to accomplish an action in compliance with his job duties, or opposed to them, or standing on or taking advantage of his authority or superiority over the victim, arising from the title he holds. -
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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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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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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The rental of safe deposit boxes shall be regulated by the Civil Code (Law no. 287/2009) within the banking agreements, together with the current bank account, deposit and credit facility. The above mentioned regulation makes obvious a special agreement, customized by its content, different from the civil deposit and from the rental. Being concerned with the protection of the client’s valuable goods, the legislator allocates a larger space to the access to the safe deposit box – voluntarily or in a forced way (art. 2197-2198). This study examines the rental of the safe deposit boxes according to the Civil Code in the classical way of approaching the agreements.
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The mechanism of constitutional review plays an important role in the development of the normative system. It prevents the Parliament and the Government to adopt unconstitutional laws or ordinances and, at the same time, it stimulates them to edict normative regulations in accordance with the provisions of the Constitution. In what concerns the legislative omissions, the Constitutional Court of Romania is not competent to modify or to supplement the provisions under review, following the classical theory of ‘negative legislator’. Despite of a vast case-law that reflects this rule of conduct, a new and more flexible approach appears to be more effective in correcting the constitutional deficiencies. Pointing out the lack of constitutionality due to certain legislative omissions is what brings the Constitutional Court of Romania closer to the other European jurisdictions of constitutional review.
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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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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).
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In the new context of legislation, the procedure of administrating evidence by lawyers or by legal advisers may represent an alternative to the classical method of administration by the court of evidence, increasing the chances of solving the dispute amicably. The procedure of administrating the evidence by lawyers or by legal advisers will be held according to a program approved by the court, in which the deadlines are set for administrating the evidence, taking into account the volume and complexity of them.
