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According to our traditional legal model, the French one, the author tries to outline the theoretical bases and the legal elements defining a Romanian littoral law. Starting from the problems of the development and protection of the Black Sea Romanian littoral, the existing national legislation, the requirements of its harmonization with the EU law and the international regulations in the field, fully expanding, the analysis addresses and formulates adequate answers related to the (legal) notion of littoral, the delimitations of the neighbouring and connected rights, the springs (internal, European Union and international), with particular attention in this respect to the Convention on the Protection of the Black Sea against Pollution, the general and specific principles related to the field, the specific concepts and terms, its character of protective law, of interference and with an integrated approach. Particular attention is paid to identifying the necessary connections, interdependencies and delimitations between the littoral law, the maritime law and the law of the sea. In the author’s view, the littoral law is a new field of reflection and a specific regulatory matter under development, with a normative proteiform tissue, but with two clear and precise objectives: rendering the economic and social development compatible with the increased exigences of protection and preservation, under the sign of sustainable development. -
Part of our daily lives, light pollution enjoys less media coverage than other, more serious environmental issues, like climate change, air pollution, desertification of many areas of land, illegal deforestation of huge areas of forest land. We are talking about light pollution when artificial lights are everywhere – through billboards, street lighting, etc. – and such intensity that it changes the levels of natural lighting the night, with negative impacts on human health and biodiversity.
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This study addresses, from a practical perspective, the freezing order referred to in the Law No 302/2004 on international judicial cooperation in criminal matters and presents some of the steps to be taken by the criminal investigation bodies from tracing an asset for which there is an associated alert, in accordance with the Decision 2007/533/JHA of the Council of Europe of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II), and by the recognition and enforcement of the freezing order.
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This study proposes a comparative analysis of the norms of incrimination which include under the incidence of the criminal law some deeds recognized as international crimes through conventions and treaties. The crimes included in Title XII – Crimes of genocide, crimes against humanity and war crimes in the Romanian Criminal Code and the Crimes against the peace and security of mankind, war crimes defined by the Criminal Code of the Republic of Moldova are studied by the comparison method. From the comparison made the author comes to the conclusion that both the Romanian legislation and the legislation of the Republic of Moldova have fully complied with the international provisions in the field of regulation of international crimes. In addition, it is appreciated that both states, through their own legislative regime, have taken steps to make the national laws uniform with the international regulations, in order to provide a unitary framework in respect of sanctioning of the international crimes.
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This study addresses the problems determined by the fact that in the current Romanian criminal processual legislation there is a sign of equivalence between the moment of pronouncing the judgment and the moment of reading the minutes which contains only the operative part of the judgment. This aspect determines certain consequences that affect the rights of the persons who, in one quality or another, are involved in that criminal trial, resulting even in the execution of a minutes and in the conditional release before the reasoning of the appeal decision. For all these reasons, the study proposes that the reasoning of the judgment should be made before the pronouncement, which would remove all the above shortcomings and would strengthen the confidence of the litigants in the act of justice.
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In this study there are presented the main scientific arguments that can be taken into account for promoting a new discipline, as sub-branch of the Romanian criminal law, namely the criminal law of transports. For the scientific arguing of this approach, there have been briefly examined the system of Romanian law, the syntagms of branch, sub-branch and institution of our law. As regards the criminal law, reference has been made to the two parts, to some institutions and to the possibility of recognizing the criminal law of transports as sub-branch of the Romanian law. Likewise, within the scientific approach, it has been carried out a brief examination of the criminal law norms specific to the safety of traffic and of transports from Romania, insisting on the necessity of grouping them into a distinct normative act, recommending even a code of transports. The examination has considered the main elements of similarity between criminal law norms specific to the four domains of the national system of transports, namely: road, railway, naval and air.
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Perioada dintre rămânerea definitivă a hotărârii de condamnare și reluarea procesului penal, ca urmare a admiterii redeschiderii procesului penal în cazul judecării în lipsă a persoanei condamnate, este luată în considerare pentru stabilirea împlinirii termenului de prescripției. (Judecătoria Târgu Jiu, Sentința penală nr. 2141/2017, definitivă prin neapelare – nepublicată – cu notă critică)
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The study is dedicated to celebrating the centenary of the achievement of the national unity of the Romanian people and it is devoted to some of the legislative, doctrinal and jurisprudential evolutions and mutations occurred, during this period, within the institution of civil obligations. The author shows that the evolutions in question have their etiology and explanation in the social needs, determined by the specificity of the historical stages and of the political regimes which the Romanian society has gone through. His approach is placed in the general context of the most relevant changes that have occurred, over the years, in the texts of the Civil Code and of the related legislation. This explains why the study starts with an introductory paragraph, in which it is presented the general state of the old Civil Code and there are set forth its main changes, occurred after 1918.
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The declarative establishment of democratic traditions or insurrectional ideals at a constitutional level is legitimate and explicable as an element of public law philosophy and social psychology, but also of national identification, especially in situations where the Constituent Assembly established a democratic political regime, opened to the aspirations of a nation that has liberated itself from the authoritarianism of a tyrannical government system. However, the issue we are raising is whether democratic traditions are justified in a normative regulation. In my opinion, the proper place to preserve the national values and the historical political and juridical traditions of a people cannot be the normative text of the Constitution, because it, as a fundamental normative act, from the point of view of positive law, has the role to regulate political, social and economic relations and others as valid social phenomena measurable politically and legally. The original place of the traditions and values of a community lies in its public consciousness and in the general lifestyle. Here, they retain intact the ideological content and form, as they penetrated through objective scientific knowledge, as well as through a spiritual path in the individual’s consciousness, and extended to successive generations. In this way, democratic traditions acquire an explanatory role for the philosophy of public law. A question arises: if democratic traditions are transposed by constitutional norms in the national legal order and converted into constitutional traditions, can they be challenged scientifically and historically? Contesting the democratic traditions in a scientific work or denying their existence, as well as legislating some areas of social life without considering the Romanian constitutional traditions, are subjected to malpractice or even sanctioned by the law?
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The Treaty of 9 December 1919 concerning minority protection was eventually signed by Romania only after fierce opposition grounded on the argument that the Treaty provisions contravene the principle of equal state sovereignty. The present paper is focused on examining the circumstances of the drafting of the 1919 Minority Treaty, on expounding its normative content and on depicting the situation of national minorities in interwar Romania. Finally, a general assessment of interwar Romania’s attitude towards minorities is undertaken.
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The study deals with the contract called supply contract, regulated in the current Civil Code, its particularities as opposed to the sales contract, the aspects of incidence of the provisions regarding the sale contract which completes the special regulation of the supply contract. There are analysed the substantive and formal terms of the supply contract, the rights and obligations of the contracting parties, the doctrinal opinions and the case law in the matter, the legal consequences of the failure to supply the goods according to the contractual clauses and the failure to pay the price, the conditions for subcontracting, as well as the aspects related to the contractual liability of the supplier towards the beneficiary, for the non-compliance with the subcontractor’s obligations.
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If any person can admire his own image without any restriction, then anyone is free to fix his/her image by reproduction in different forms (self-portrait, autosculpture, etc.) and finally the image can be exploited by reproduction (here by the question of whom belongs the product of the image, how it can be exploited, who owns the good in the image, how to exploit its image). The central point of the work is the exploitation of the image of persons and goods. We will try to find out what is the legal basis of image protection depending on its subject. In this way, a leap forward will be made in the legal regulation of the right to image followed by a doctrinal and jurisprudential approach to the law that is invoked to protect the image of the goods. We will also try to capture the need for a distinct right to protect the image of goods by correlating it with the mechanism of regulating the right to image of the individual.
