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Considering the importance that information technology has acquired in recent years and how it has come to influence the criminal policy at the international level, the author of this study founds it necessary to analyse the subject matter of the offence taking into account this new technological context. Thus, it has been attempted to highlight the need for a reconceptualization of the offence’s subject matter, emphasizing the idea according to which intangible elements may be part of its structure. In support of this thesis, there was reviewed the problem of theft of virtual goods and of certain cybercrimes that reveal the existence of an intangible subject matter which is likely to be interposed between the agent’s behaviour and the social value protected by the rule of incrimination. Last but not least, the author has pointed out a possible consequence of the reconceptualization of the subject matter of the offence, referring thus to the applicability of the supporting cause of self-defence. -
In the study hereunder, the author undertakes an analysis of Article 16 para. (1) of Law No. 554/2004 on administrative litigation (text entitled “Introducing the civil servant in the case”), statutory provision that reads as follows: “The legal demands under this law may be filed also personally against the person who assisted in the development, issuance or execution of the document or, where appropriate, who is held liable for failure to settle the demand relating to a subjective right or a legitimate interest, should there be claimed payment of compensation for damages or delay. Should the action be granted, the person concerned may be ordered to pay damages, jointly with the defendant public authority”.
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The study reveals, in its introductory part, some shortcomings of Law No. 8/1996 on copyright and rights related to copyright, in the field of audio-visual works, such as the contested definition thereof or the absence of definition of the audio-visual production contract definition, and puts forth its own points of view, likely to lead to the settlement of such cases. On the merits, the work depicts the characteristic features of the audio-visual production contract, its delimitation as to other types of contracts, analyses the Contracting Parties as well as the purpose and wording thereof, in terms of legal regulations and doctrinal interpretations.
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Departing from the constitutional basis underlying the relations between the Constitutional Court of Romania and the European Court of Human Rights, this study examines the judicial dialogue between the two courts and the effects thereof. The conclusion of this study, based on numerous examples from case-law, is that the dialogue between the constitutional judge and the European Judge serves to develop common standards for the protection of fundamental rights, as well as to enriching those existing at national level, with effects in terms of law-making and law-enforcement.
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“Vague” legal concepts are inevitable, these proving their usefulness not only for covering some varied and virtually unlimited legal situations, impossible to imagine by the legislator, but also for ensuring the transition from the “the written law” to the experienced law” – given the evolution of the regulatory legal system background, while stimulating the updating of the written one. Conventional rules, primary and secondary, excel through the use of such concepts, called “autonomous”, but these are not foreign to any constitutional standards either, although one could say that, by definition, these must single out by the rigor and perfect predictability. Therefore, recognizing their indispensability and usefulness, we shall bring into focus some of the peculiarities of the review in terms of the way of interpretation and implementation of such concepts.
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In the study hereunder, the authors analyse the wording of Article 209 para. (2) of the new Code of Civil Procedure (Law No. 134/2010, republished, enacted on February 15th, 2013), text according to which “if the claims put forth under the counterclaim also relate to persons other than the plaintiff, these will be summoned to Court as defendants”. The authors highlight that this text had no counterpart in the former Code of Civil Procedure (1865, reprinted in 1948) and emphasize positively the new regulation which extends thus the procedural framework.
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The study deals with the analysis of innovative legal solutions related to the divorce proceedings covered by Law No. 134/2010 on the Code of Civil Procedure. Thus, it was envisaged the establishment of territorial jurisdiction of the Court in relation to the residence of the spouses or of one of them, filing of the action for divorce by the husband who, legally incapacitated, has discernment and the prosecution of the action for divorce by the plaintiff husband’s heirs deceased during the trial.
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The author, comparatively examining the provisions set forth under Articles 1402-1404 of the former Civil Code (1864), Article 45 of the former Commercial Code (from 1887), both currently repealed, with those set forth under Article 124 of Law No. 71/2011 relating to the implementation of the new Civil Code, concludes that, despite an explicit intervention, under the rule of the new Civil Code (Law No. 287/2009) disputed revocation is forbidden at present for all contentious rights, irrespective of their nature. Currently, disputed revocation is allowed only for assignment of rights concluded prior to October 1st, 2011 (when the new Civil Code was enacted) -
The aim of this paper is to identify how and if cultural diversity, as a fundamental and moral value of the EU, is effectively protected by EU law. I will start from the EU competences on cultural matters and try to find out if, while dealing with cultural issues, the EU is actually protecting its “unity without uniformity” and its “diversity without fragmentation”. The recent and stronger intervention of the EU in cultural matters, after Lisbon, raises questions as to its real aims, be it the building of a stronger and stronger “small common denominator” in cultural issues as well, by means of uniformity or the real protection of cultural diversity of its Member States. -
When the court of judicial review is vested with the settlement of the recourse against the court order under which the legal and the solid nature of the preventive arrest has been reviewed ex officio according to the procedure set forth by art.3001 of the Code of Criminal Procedure, the recourse should be settled before the expiry of the preventive arrest period, taken or extended by the judge subsequently. This review deadline is a bar period, not a recommendation one. In practice, it is found that the court decides in relation to the review of the legal and the solid nature of the preventive arrest upon the receipt of the file, many times on the last or penultimate day of the 30-day deadline of the preventive arrest. This situation occurs either due to the non-observance of the 5-day deadline by the prosecutor, or by the court itself, and consequently the court of appeal decides within a period of a few days following the expiry of the 30-day period.
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In the interpretation and unitary application of the provisions of art.251 of the Law no. 32/2000 regarding the insurance activity and insurance supervision, as subsequently amended and supplemented, corroborated with those of art.24 of the Code of criminal procedure, the High Court of Cassation and Justice, in the judgment in the interest of the Law no. 3/2010, decided that “in the criminal trial, The street victims’ protection fund has the capacity of a liable party from the civil point of view and may be obliged solely, but not collectively with the defendant, to pay the civil indemnifications to the persons injured in non-insured car accidents”. In the attempt to answer the question whether, in a criminal trial, the defendant could be obliged to pay the civil indemnifications or whether the amounts paid as such shall be determined in the exclusive charge of The street victims’ protection fund, the author of the article promotes the idea according to which the main obligation to repair the damages shall belong, further, to the defendant, in his capacity as the offender of the illegal deed generating prejudices, and the existence of a special regulation set up for the purpose of protecting the victims of the car accidents, could not operate as a reason for holding harmless from the civil point of view. Considering that in the light of the present Civil Code the obligations of the defendant and of the above-mentioned fund keep their nature of in solidum obligations, the author considers that from the operative part and the considerations of the judgment in the interest of the Law no. 3/2010 of the High Court of Cassation and Justice, it does not result that The street victims’ protection fund shall be exclusively obliged to pay indemnifications in the criminal trial, as the law-related questions which have generated a non-unitary practice pertain only to the capacity of a party in a lawsuit of this fund and to the possibility to oblige him, collectively with the defendant, to pay indemnifications.
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The objectives of the research contained in the article consist in the examination of the immunity and of the criminal liability of the Romanian parliamentarians over the time according to the rules of the Romanian law, with a focus on the present provisions. The results of the research shall be summarized to the need for keeping the parliamentarians’ immunity also in the future provisions of the constitutional and criminal law, especially on the absolute immunity regarding the opinions and the votes expressed in exercising the mandate granted by the poll. Likewise, the author considers that a certain partial immunity has to be kept as well, as regards other actions of the criminal procedural law, such as: the inquisition, the detention, the attachment and the arraignment. The paper may be useful to the theoreticians, practitioners, as well as to the constituent legislator, considering the need for the amendment and supplement of the present fundamental law. The value of the article consists in the examination of the constitutional and criminal provisions regarding the criminal liability of the Romanian parliamentarians, as well as in the critical opinions and the filed de lege ferenda proposals.
