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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. -
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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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 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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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).
