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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. -
Globalization, the changing concepts of the family definition and the emergence of new medical techniques for conceiving children have led to the emergence of substitution maternity and the issue of inheritance rights for children born of such a procedure. At international level, no comparable moral or legal basis can be identified in this area. The creation of a common legal framework or the advancement of a large-scale international unification of substantive law or rules on the recognition of the effects of foreign laws seems to be a distant goal to achieve. The issue of the inheritance rights of children born of surrogacy motherhood is a very complex one and currently without legislative protection. On European Union level, European Regulation 650/2012 has been in force since 2012, but there are no provisions on the situation of inheritance rights deriving from a surrogacy contract. The study aims to analyse the general concepts recognised in international, European and national law with regard to the creation of a legal framework as structured as possible for the protection of the inheritance rights of children born of substitution maternity, and to understand how this medical practice works. Another objective will be to analyse the decisions of the European Court of Human Rights, the decisions of the Court of Justice of the European Union and the national courts decisions, in order to find solutions on how to protect inheritance rights in such a situation. -
This study examines a series of controversies concerning the operation of the penal clause in certain special situations such as: admissibility of penalties running after the cancellation/resolution of contract if, by assumption, the debt had not been yet fully or partly liquidated by the debtor; the issue of the possibility of reducing the amount of „clearly excessive” penalties by the court, if these penalties are „clearly excessive” [Article 1541 (1) b) of the new Civil Code]; the admissibility of the plurality of various clauses that provide penalties and others.
