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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. -
Audit services is based on two premises: (i) companies must be able to choose their auditors according to their needs and at a reasonable cost and (ii) investors must be able to rely on an independent audit opinion based on an audit of high quality before investing in a company. It is in the public interest to ensure a sustainable audit function and, consequently, a competitive market for audit firms. Usually, a person invests in a company only once, in advance, has analyzed an audit report relating to the financial condition of that company. If, then, there is a failure of the enterprise (such as eg bankruptcy) that has earlier cases and unidentified audited by the auditor in place its civil liability issue. The question is to set a limit on the civil liability of auditors so that, on the one hand, to ensure fair compensation to those injured (investors), and on the other hand, auditors to take such risks reasonably. -
The authors argue that, exceptionally, the court (Pitesti Appellate Court) may postpone temporarily surrender of the person sought under a European arrest warrant, on the grounds of the need for care of minor children in charge of the person sought. -
Potrivit art. 598 alin. (1) lit. c) C.pr.pen., contestația împotriva executării hotărârii penale se poate face când se ivește vreo nelămurire cu privire la hotărârea care se execută sau vreo împiedicare la executare -
Undoubtedly, the most frequent contract used in practice is the sale and purchase contract, through which the alienation and acquisition of the property right and of other real rights is achieved, outlining the essential instrument through which the legal circulation of goods is carried out. The consent gives expression and materialization to the free will of the individual to contract and pre-contract, to assume a series of rights and obligations, to enter into legal relations. In this context, encountered with a special frequency in the current socio-economic reality – the preparatory agreements, as anticipatory manifestations of the consent in the matter of the sale and purchase contract, involve the same rigour of the conditions necessary for the valid existence of the consent. In all cases, what brings all these legal figures together into the patterns of a single legal institution is the main purpose pursued by the parties or at least by one of them, the one to enter, in the future, into a contractual legal relationship that gives full sati sfaction to the interest shown. As a consequence, the expression of the agreement of will determined by consent has known a double externalization, first through the previous form – the pre-contract – and subsequently through the contract itself. These two different moments, the period between them and the way in which they are legally related reflect some particularities and issues worth to be analysed in the broad spectrum of legal relations between persons.
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The most striking word that illustrates the relationship between Romanian law and European law seems to be the word „marking”. Among the various nuances that can be assigned to the meaning of this word, three meanings are relevant from the perspective of the topic addressed by this paper. Thus, among others, to mark means (i) to influence in a significant way, or (ii) to bear a mark that illustrates a membership, or more precisely (iii) to change a destiny. All of these nuances are defining in order to describe the decisive and irreversible „imprint” that European law has made, is making and will make on our domestic law. Through this scientific approach we have set out to address the implications of this complex structure which involves a multidimensional union that includes elements of supranational law, following the paradigm of the interference. The example that we will focus on is the area of consumer protection, where we will also address issues regarding constitutionality in relation to domestic law, but especially in relation to European law. We will consider both the past and the future, but, naturally, we will focus our attention on the present. In the context of the current COVID-19 pandemic, while not focusing on any medical or health matters related to the pandemic, but rather on its ties with the emergence of a new global economic, financial and banking crisis, we will address the link between European Union law and domestic law. -
Potrivit art. 273 alin. (1) C.pen., fapta martorului care, într-o cauză penală, civilă sau în orice altă procedură în care se ascultă martori, face afirmații mincinoase ori nu spune tot ce știe în legătură cu faptele sau împrejurările esențiale cu privire la care este întrebat se pedepsește cu închisoare de la 6 luni la 3 ani sau cu amendă.
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Introducing the provision on the administrative measure of non-voluntary hospitalization, provided in Article 315 (2) e) of the Criminal Procedure Code, has created confusion with regard to the cases in which this measure applies and to the cases in which the safety measure of medical hospitalization applies and, likewise, with regard to the jurisdiction of the court which orders one of these measures to be taken. -
In this study, the author, after having pointed out the need for taking certain measures on combating the organized crime at the European level in compliance with the actions of the United Nations Organization in the matter, discloses, on one hand, the measures adopted at the level of the European Union regarding the incrimination of deeds regarding the crime organization and, on the other hand, examines the provisions of the framework decision of the Council 2008/ 841/JAI of 24 October 2008 regarding the fight against organized crime. Likewise, the author describes the implications of these measures on the criminal laws of Romania. -
In this study we wish to discuss and find a solution to the many aspects specific to the measures with equivalent effect to the quantitative restrictions, but also to follow up the influences on the policy of protection of similar domestic products within the European Union. We will analyze in detail the free movement of goods, as well as aspects concerning the customs duties and the modality to impose them. We will define the notion of measures with equivalent effect to the quantitative restrictions and we will also subject to research the modalities in which they arise. For the elaboration of this study, we will take into account the domestic law in the matter, the provisions of the international conventions on the free movement of goods, the provisions in the matter of the European law, the legislation and the case law of different states, and we will also raise for discussion the Dassonville and Keck decisions which are of a particular importance in the MEERC matter. -
With the entry into force of the current Criminal Code, the Romanian legislator has eliminated the mixed regime of sanctions made of punishments and educational measures, provided by the old criminal regulation, in favour of a regime of sanctions exclusively consisting in educational measures. By this study, the author subjects the provisions specific to the educational measures involving deprivation of liberty regulated by Chapter III of Title V of the Criminal Code to a thorough analysis.
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In the study, the author makes an analysis of the preventive measures applicable to the individual in the system of the new Criminal Procedure Code adopted in Romania. The general conditions to be fulfilled for taking all preventive measures, the particular conditions specific to each measure, the grounds and the procedure to be followed for the determination of such measures, are detailed. The emphasis is laid on the house arrest, an institution that has a new nature in the Romanian criminal procedural legislation, but we pay attention to the manner in which the detention, the preventive arrest, the judicial review and the judicial review on bail. The author makes a number of proposals to improve the legislation in the matter, for those situations in which it considers them to be necessary.
