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In this article, whilst critically analyzing the relapse doctrine and jurisprudence, the authors argue that the provisions of Article 38 paragraph (2) of the Criminal Code – which stipulates for that convictions for which rehabilitation occurs or for which the rehabilitation period was completed do not entail the relapse status - do not imply that the relapse status is determined by court rehabilitation decision, but just by meeting the rehabilitation deadline, without inquiring whether the other judicial rehabilitation requirements are also fulfilled. -
The study analyzes the essential regulations in the matter of labour relations occurred after the historic act of the Great Union of 1918. There are presented the correlations between the constitutional regulations and those included in the laws in the matter, respectively in the Labour Codes. It is reached the conclusion that the labour law is different from one social order to another, but, at the same time, there are also constant elements of the labour law. In the last century the labour law doctrine, a branch of law which emerged after 1950 in the years of socialism, had an evolution, in the mirror, but the market economy continues to exist as well. The founders of the science of the labour law were Șerban Beligrădeanu, Virgil I. Cîmpianu, Sanda Ghimpu and Leonid Miller. -
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This article proposes a solution to identify the initial moment of the period of prescription of the criminal liability in case of the offence of deception, in the particular situation where the material element is separated in time from the immediate follow-up. In order to resolve this matter of law it is necessary to establish the legal nature of the offence of deception, from the point of view of the offence unity. If a progressive offence is in question, the form of legal unity being part of the category of offences with duration of consummation in time, the period of prescription of the criminal liability begins to run from the date of committing the action or inaction. -
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În practica judiciară nonpenală din România, cel mai invocat drept prevăzut de Convenția (europeană) pentru apărarea drepturilor omului și a libertăților fundamentale a fost, este și, cel mai probabil, va rămâne dreptul la un proces echitabil, prevăzut de art. 6. Acest lucru se datorează faptului că instanțele judecătorești trebuie să soluționeze un număr impresionant de litigii (în condițiile unor scheme de personal subdimensionate), mult peste media sistemelor judiciare din vestul Europei.
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The review is the only legal remedy that can be declared against the judgments of first instance pronounced by the administrative contentious sections. The former regulation of the Civil Procedure Code established that the review is devolutive, only inso far as the reviewed judgment cannot be contested by appeal. At present, being an extraordinary legal remedy, the review can only concern grounds of illegality of the judgment pronounced by the court of first instance. The present study has as object the analysis of the grounds for cassation listed by the Romanian legislator in Article 488 of the Civil Procedure Code from the perspective of the matter of administrative contentious. Thus, each ground for cassation will be briefly analyzed separately, from the perspective of applicability in the processual stage of review carried on before the administrative contentious courts. The analysis contains explanations of the normative texts, as well as examples from the national judicial practice, in which the R omanian courts have applied the grounds for cassation corresponding to the cases brought before the court. The aim of the research is to identify in the national practice the applicability of the grounds for cassation listed by the legislator and to present their effectiveness, following that, in the concluding part of the study, possible remedies regarding the currently existing grounds for cassation be proposed. -
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Unpaid community work has received multiple valences in the Romanian criminal law system, representing either an obligation in the content of the probation measures or a way of executing the penalty of the fine or an obligation that accompanies the abandonment of the criminal prosecution. The complexity of the institution, together with its novelty, has generated a series of difficulties including in respect of the performance of the unpaid community work, this article emphasizing some of these difficulties and proposing solutions for their removal.
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