Some constitutional precepts may arise through case law path and, depending on their importance as real or formal sources for the constitutional law, there may be included in the constitutional base, as prof. I. Deleanu noticed. It is similar case for the constitutional category formed by the democratic traditions of the Romanian people. The present study aims the application of the historical interpretation method in the Romanian Constitutional Court case law, that produced two main effects. A first well-known effect of this type of constitutional case law is the adoption process of the Romanian democratic traditions in the Romanian Constitution. The application of the retrodiction in the Romanian Constitutional Court case law, as specific practice of the historical method, produces a second type of effect on the interdisciplinary category represented by the democratic traditions of the Romanian people, that, by nominating the legal or political documents that are representative for the political history of our country, may lead to the detection of the founding document for the Romanian constitutionalism. In the next place, the study aims to answer the question referring to the public law document belonging to the national political history, whereat the constitutional resort will insist in the process of building a new constitutional precept, that involves the reconnection of the constitutional tradition to an originated democratic and national stream, guiding also the sense of its foundation through the praetorian anchoring to the oldest document that typologically corresponds.

The European projects of codification of the law of obligations evoke the principle of good faith throughout the evolution of the contract, as evoked in the Civil Code of 2009. Good faith and bad faith in contracts have a role worthy of attention and of great value in our civil law, by the entry into force of the new Civil Code on 1 October 2011. The modern vision extends the duty to act in good faith and to avoid any conduct in bad faith on the creditor as well. For the phase of performance of the contract, the obligation to minimize the own prejudice as a result of a non-performance of obligations is regarded as a function of the good faith. By establishing for the first time in the Romanian private law a genuine obligation as duty of the contractual creditor to no longer show passivity in order to moderate the future prejudice, the new Civil Code fully answers the imperatives of the functioning of a modern justice, encouraging more and more the execution oriented towards the economic finality of the contract, and not just the legality of the contract and its compliance with the commitment assumed.

Until the entry into force of the Treaty of Lisbon, the citizens of the Member States of the European Union were participating in the democratic life of the European Union by their recognized right to submit petitions to the European Parliament and the right to address the European Ombudsman. The Treaty on the European Union (TEU) reinforces the citizenship of the Union and enhances the democratic functioning of the Union providing, among others, that every citizen must have the right to participate in the democratic life of the Union through a European citizens’ initiative. This procedure gives the citizens the opportunity to directly contact the European Commission, by presenting to the Commission an application whereby it is invited to initiate a proposal for a legislative act of the Union in view of implementing the Treaties, the procedure being similar to the right conferred to the European Parliament under Article 2251 of the Treaty on the functioning of the European Union (TFEU) and on the right conferred to the Council under Article 2412 of the TFEU.

From the time of the four Geneva Conventions (1949) and the 1st Additional Protocol to those (1977) till present days, the notion of belligerency has extended and restructured itself. The evolutions of terrorist groups from the national level of organization to transnational level start to raise the question of the legal qualification of those structures from criminal groups to belligerents. Has the terrorist group got beyond the borders of national law and start to acquire a legal personality in the international law of armed conflicts? In the present study we will start from the classical definitions of the international armed conflict, non-international armed conflict, then observe the evolution of those notions under the case law of the international criminal tribunals set off by the United Nations for Rwanda and former Yugoslavia, as well as the Status of the International Criminal Court, all reflected in contemporary legal doctrine. At the end, we will analyse the capacity of the terrorist group as armed conflict generating factor.

The Government Decision No 196/2016 has approved the preliminary thesis of the draft Administrative Code. The Government’s intention to give an incentive to the adoption of the Administrative Code, although it is salutary, is not the first. In recent years, several other proposals circulated in Romania for the adoption of an Administrative Code, which however have not been successful, so that, more than 25 years after the change of the political regime in our country, the practitioners, as well as the theorists of the administrative law are confronted with an unsystematized legislation, lacking coherence here and there and generating very different jurisprudential solutions, as well as administrative practice solutions. Within this study, the author intends to discuss some specific issues raised by these theses of the draft Administrative Code, namely: the unity and the ideological and, implicitly, terminological coherence in the administrative law; the organisation of the central public administration, including of its relations with its decentralized structures; the status of the civil servants, as well as the status applicable to the contractual staff of the public administration and the organization, functioning and disputed claims of the public services.

In this study, based on solid historical and legal documentation, the author argues that the completion of the Romanian unitary national state in 1918 was achieved during a long process of unification: first, the Romanians from the two main countries, Muntenia and Moldova, were united in 1859 in a national state, and then, those from other Romanian historical provinces, which were illegally encroached in the borders of neighbour empires, acted with perseverance for the accomplishment of their national and state unity. The study is divided into four distinct parts. In the first part, the author presents, based on documents, testimonies and memoirs, the idea of Romanian national and state unity as an essential coordinate of the history of the Romanian people. The acts of unification of the Romanian historical provinces with the Romanian Kingdom have legal base on the principle of nationalities and their right to free determination, rights recognized by the victorious powers of the First World War as a basis for solving the territorial aspects generated by the dismantling of the Austro-Hungarian Monarchy and the Tsarist Empire. The acts of union, carried out by popular will expressed in large representative national assemblies, were ratified by acts of national sovereignty by the Romanian State and recognized as such by the 1919–1920 Peace Conference in Paris. The second part emphasizes on the constitutive character of the acts of union with Romania, voted by the constituent national assemblies of Bessarabia, Bukovina and Transylvania during 1918. The article contains documentary data and information about the national liberation movement of Romanians from the three provinces, Bessarabia, Bukovina and Transylvania, and the actions taken for their unification with the Kingdom of Romania at the end of the First World War. In each of the three Romanian historical provinces, various assemblies in which the participants declare their determination for union were formed. The Moldavian Soldiers’ Congress, attended by 800 delegates, represented a large representative body of all social strata and ethnic groups in Bessarabia. The Congress delegates voted for the political and territorial autonomy of Bessarabia. The Congress also decided to establish the council of the country, a parliamentary body made up of representatives of all the nationalities existing on the territory of Bessarabia. On 14/27 March 1918, the council of the country adopted a resolution in which was proclaimed solemnly the eternal union of Bessarabia „with the mother Romania”.