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Recent legislative interventions have brought important innovations on mediation, and one of them has promoted the sanction of dismissing the claim as inadmissible in case of claimant’s failure to observe the obligation to participate in the briefing on the advantages of mediation. The author determines the conditions for applying this procedural sanction, which he considers extremely severe and even excessive. Inadmissibility for not participating in the briefing is being also examined in the light of the provisions of art. 21 of the Romanian Constitution, regarding the free access to justice and the provisions of art. 6 of the (European) Convention on Human Rights and Fundamental Freedoms. Secondly, the author notes that the sanction of inadmissibility applies only to the claimant. He believes, however, that the respondent may be subject to a judicial fine should he/she fail to appear in the briefing, according to Art. 187 item 1 letter f) of the new (Romanian) Code of Civil Procedure entered into force on February 15, 2013. -
Given the overwhelming importance of the family home in family economic relationships, the Civil Code authors found it necessary to establish, as an absolute novelty, a special legal regime for various legal acts of the spouses in relation to this house and furnishing or garnishing property thereof. Also, the Civil Code provides a regulation derogating from the common law regarding the rights of spouses on the rented house and in connection with the award of the lease benefit and joint ownership of the house in case of divorce. The new regulations are designed to eliminate, mainly, the causes for various doctrinal interpretations and non-unitary jurisprudential solutions generated by the ambiguities and gaps of previous legislation in the matter.
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The legislator regulates the “Summoning and service of the procedural documents” in Articles 153-173 of Title IV of IInd Book of the Code of Civil Procedure, texts which largely take over the provisions of the 1865 Code concerning this procedure and, at the same time, establish some new solutions aimed at streamlining the procedure at issue and to adapt it to the new realities. In this study, the foregoing are examined in detail.
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Pursuant to the entry into force of the Civil Code (Law no. 287/2009, republished) on October 1, 2011, which repealed the Family Code, has also duly amended Law no. 119/1996 on Civil status documents, republished, and also the entry into force of Law no. 134/2010 on the Code of Civil Procedure, republished, the author examines in this study the legal provisions relating to dissolution of marriage by divorce through court proceedings, making several references to the courts ? recent relevant case law. Thus, this study examines the legal provisions regulated by Articles 373-374 and Articles 379-381 of the Civil Code and Articles 914-934 of the new Code of Civil Procedure.
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The purpose of this article is to assess the crime of violation of the secret of correspondence from the perspective of the New Penal Code of Romania. While taking into consideration the guidelines emerging from the jurisprudence of the European Court of Human Rights, the author separately analyses the constituent elements of this crime, emphasizing on certain issues generated by the case records of the Romanian courts of law. De lege ferenda proposals are also advanced for the purpose of emendating the system of penal protection of a person’s right to freedom of communication.
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Along with punishments and educational measures, safety measures are part of the broad criminal sanctions category; however, the latter have a mostly preventive purpose, which is to prevent committing new crimes or other offenses provided by the criminal law. Special confiscation is a safety measure whose legal content is patrimonial, as it concerns certain assets related either to the committed deed or to the offender and which, if further left within the factual and legal circuit, could be used to commit new offenses provided by the criminal law. The mainly preventive aim of the special confiscation safety measure is achieved by the fact that, under the conditions and within the limits prescribed by law, property shall pass free of charge into State ownership so that any person may no longer possess or use them to commit other offenses provided by the criminal law.
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The study deals with the directions of the very probable, and at the same time, the possible review of the Constitutional Court. The starting point in this analysis is to identify the Romanian specific in the control of constitutionality of the period before and after the Revolution of December 1989, compared to models offered by other member countries of the European Union. The review of criticisms that have been made ”to the Constitutional Court and the solution chosen by the Constituent Assembly of 1991 will lead in the final part of the study to the drafting of the possible solutions to be considered by the future constitutional review to make the constitutional justice in Romania more legitimate and more effective.
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Based on the “judges dialogue” concept (institutionalized communication between the judges of various courts and levels of jurisdiction), the above study authors extrapolate this concept by mainly analyzing the forms of this “dialogue” between the 18 existing Constitutional Courts from as many countries of the 28 European Union Member States.
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Over the past two years, following the amendment of the Labor Code by Law no. 40/2011, the passing of Law no. 62/2011 on social dialogue, as well as the New Civil Code of Procedure (Law no. 134/2010, which entered into force on February 15, 2013), successively amended (before its entry into force) significantly by Law no. 76/2012 for the implementation of the new Code of Civil Procedure (Law which, in turn, was amended by the Government Emergency Ordinances no. 44/2012 and no. 4/2013, and by Law no. 2/2013) and, finally, through the amendments brought by Law no. 192/2006 on mediation and organizing the mediation profession through the Government Emergency Ordinance no. 90/ 2012, and by Law no. 115/2012, (relatively large) changes in the settlement of labor disputes and labor jurisdiction matters have occurred. In this study, the authors examine the impact of such changes in the said areas.
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The study focuses on the analysis of the norms that regulate the subjects and the object of the protection of the topographies of the semiconductor products from the perspective of the Law no. 16/1995 with the further modifications and of the respective regulations from the Civil Code (Law no. 287/2009). The author reveals some aspects that were incoherently or ambiguously regulated as regards the approached topic and highlights the absence from the content of the special law (Law no. 16/1995) of some provisions misplaced in the Norms of application of this law. At the same time, in order to avoid the confusions in the analyzed case, the author formulates de lege ferenda proposals, in the view of eliminating the identified legislative imperfections.
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The author of this study proposes a theme as original as it is actual: the environmental criminology. This subject – as the author points out – is still at the stage of structuring the object and searching its own path of asserting. Included in the specialization trend at the criminology scientific-academic, strategic and intervention level, it is considered a “special criminology” alongside with the social, demographic, cross-cultural criminology, and other types of criminology whose object of study and research are the relationships between the environmental conditions and antisocial behavior in general, and the criminal offense in particular. Both the approach of schools (e.g., the Chicago School) and currents underpinning the creation of environmental criminology from a diachronic perspective of the subject, and the approach of the differences between the concept of environmental criminology and other related concepts raise reader’s interest.
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Transmiterea actului administrativ sancționator prin fax îndeplinește, în principiu, rigorile procedurale referitoare la comunicare, aceasta putând fi circumscrisã modalitãții la care se referã art. 86 alin. (3) teza finalã din Codul de procedurã civilã: „alte mijloace ce asigurã transmiterea textului actului și confirmarea primirii acestuia”.
