The impact assessment of transposing Directive 2008/99/EC on the protection of the environment through criminal law into the domestic laws of the 28 Member States of EU and of the related experiences legitimately raises the question: is the expansion of harmonization or the promotion of new instruments of application required for the achievement of the pursued objective in the future? This study is the answer offered by its signatory within The Second AIDP World Conference held in Bucharest, in the period 18–20 May 2016. The article establishes, in essence, the necessity to continue the efforts in this matter, on the one hand, by adequate measures of simplification and harmonization of the relevant regulations within the national laws, and, on the other hand, by continuing the concerns of consolidation, at EU level, of imposing the uniformisation and adoption of the instruments of protection of the environment through the criminal law.

This study raises the question of registration in the land register of some rights which originate in the fact of artificial real estate accession. We were interested to note the extent to which the parties might, by their agreement, temporarily register a property right of the author of the construction over this construction until the land owner invokes the accession in its favour. It is raised the question of the interest of such registration, which can only be temporary, because the doctrine has considered it to be affected by an atypical resolutory condition, of legal origin, as well as of the effect produced by this registration. On the other hand, in the situations where we admit the acquiring of the property right by artificial real estate accession by judicial means, it is required the analysis of the possibility of the court to recognize a property right over a construction built without a construction authorisation.

The author advocates for expanding the admissibility of the special contestation for annulment and for eliminating the errors of judgment, i.e. for the non-compliance with the legal provisions and the incorrect assessment of the factual situations (illegality and groundlessness of the judgments challenged). In order to support this opinion, the author resorts to the grammatical interpretation of the phrase „material error”, invokes the ECHR case law and the comparative law. He also proposes, in addition, the reintroduction of the action for annulment (in cassation), which has as object to correct the errors of judgment and which will have an essential role in unifying the judicial practice.

This study includes an analysis of the provisions of the new Criminal Procedure Code referring to the warrant for technical supervision when it concerns the financial transactions of a person in relation to the provisions of Article 153 on obtaining data concerning the financial situation, the utility and appropriateness of using the two institutions, as well as the comparative analysis in relation to the old regulations. The author also presents critical aspects with regard to these institutions, having in view the different interpretations given in the judicial practice, as well as de lege ferenda proposals. The study refers only to the data concerning the financial transactions of a natural or legal person related to a bank account and the subsequent operations.

In this paper the author has proceeded to a brief examination of the European normative act adopted in March 2016, which regulates the presumption of innocence and the right to be present at the trial within the criminal procedures, both rights being circumscribed to the right to a fair trial provided in Article 6 of the European Convention on Human Rights and Fundamental Freedoms. The study also makes a comparative examination which has in view how these rights of the suspect or of the accused are protected in the Romanian law, also expressing some critical opinions as concerns the European normative act. The elements of novelty consist in the examination made, as well as in the comparative analysis and the critical opinions expressed.

The new normative framework established in matters of public procurement, of sectoral procurement and of concessions, was required in considering the necessity to transpose the three European directives of 2014 into our domestic law. In addition to the three normative acts, it has been adopted a special normative act that regulates the remedies and the means of appeal in the matter of the procedure of award of the public procurement contracts, of the sectoral contracts and of the works concession and services concession contracts. In the ambience of the new normative framework thus established, this study intends to make a detailed analysis concerning the settlement by administrativejurisdictional means of the disputes derived from the procedure of award of these contracts, as well as the means of appeal that may be exercised against the decision of the body vested with administrative-jurisdictional powers.

This study deals with the delicate problems of infringement of the provisions of the Constitution of Romania by the norms of the Criminal Procedure Code governing the legal regime of the action in cassation, an extraordinary means of appeal. The author of the study notes that the analyzed norms are not in agreement with the principles written in the Basic Law, invoking in support thereof, for identity of reason, the grounds of the Decision No 485 of 23 June 2015 of the constitutional contentious court.

Starting from the situations encountered in the judicial practice, in the disputes regarding the right of the employees to the classification of their workplaces into outstanding or special conditions, and given the particularities of this fundamental right of health and safety at work, with a special view on the practical consequences which the recently pronounced decisions of the supreme court will have, decisions which have established that the employees do no longer have available the option of the action for establishing the classification of workplaces into outstanding or special conditions in contradiction with the employer, this article analyses the respect for the employees’ right of access to justice, to non-discriminatory treatment and to receive their benefits consisting of social insurance rights.

The study deals with the particularities of the human medically assisted reproduction in the cross-border private relationships. Among the artificial procreation techniques, surrogate motherhood is of present interest, as a result of the multiplication of the requests for recognition, on the territory of the forum, of the foreign judgments which establish the filiation of the child born abroad. The implications of private international law are tangential to the qualification, to the conflicts of laws in time and space and to the effectiveness of the foreign judgments. The heterogeneity of the national regulations is the main factor creating non-unitary case laws and different practices – some of them, questionable. The context of the analysis does not allow the dissociation of the artificial procreation from the higher interest of the child, so that any de lege lata or de lege ferenda solutions must be examined through the filter of this fundamental principle.

The philosophical inquiry of law, unlike the positive legal sciences, is concerned to find answers and arguments as nuanced and deep as possible to questions and issues such as: the origin and meanings of the law and of the legal phenomenon, the legitimacy of the legal norms or the finality of law. This analysis, mostly philosophical, is not a simple rational exegesis, but it also has a practical importance since, depending on the answers and the solutions adopted, there can be formulated, interpreted and applied the principles of law, as well as the concrete, positive legal norms and, mostly, there can be understood the complex relationships between man and society, on the one hand, and, on the other hand, it can be better known the legal system in its unity or in its historical determinations and configurations. In this study we summarize the historical evolution of the main theories and conceptions on the origin, meanings and finality of law, as ideological subsystem. Arguments are brought in favour of the topicality and importance of jusnaturalist theories (of the natural law), because, in relation to man and to rationality, they best explain the unity and stability of the law not only as normative system, but rather as value and rational reality, which, by establishing some rights inherent to the human being, intangible, rational and inalienable rights, proves the atemporality of law, as expression of some rational paradigms valid in all times and which can be distinguished and understood in the historical evolution and fluctuation of the positive law.

The article analyzes how there are settled in court, according to Chapter V of the Law No 101/2016, the disputes in matters of award of public procurement contracts, of sectoral contracts, of works concession and services concession contracts. The authors emphasise the specific features of the manner of settlement of these disputes, mentioning among them: the material jurisdiction pertains to the section of administrative disputes and fiscal matters of the tribunal, through panels specialized in public procurement, and the territorial jurisdiction pertains to the tribunal in whose district it is located the head office of the contracting authority. The case shall be settled as a matter of emergency and with priority, and filing a request for summons in matters of public procurement shall not have an enforcement suspensive effect. The first hearing shall be set 20 days after the date of registration of the complaint, and the subsequent trial terms can not be longer than 15 days, and the entire duration of the procedure can not exceed 45 days from the date of referral to the court. The judgment may be challenged by recourse, within 10 days from the communication, at the section of administrative disputes and fiscal matters of the court of appeal, which sits in a panel specialized in public procurement. According to the authors, it is justified to establish a special law for the settlement of the disputes in matters of public procurement.

This article aims to examine Article 16 of the Labour Code, republished, on the requirement of drafting individual employment agreement in Romanian language, from various standpoints, such as: (i) applicable sanction for failure to conclude the individual employment agreement in Romanian language; (ii) the requirement to observe the principle of equal treatment in cases where the individual employment agreement is concluded with a foreign citizen or a national of another Member State of the European Union or the European Economic Area, concretized, inter alia, by drafting the individual employment agreement in the language of the foreign citizen; (iii) the probative value of the versions of the individual employment agreement concluded in several languages.

This article emphasises the special situations of some employees of the public hospitals, of the forensic medicine institutes and of the employees of some quarry mining exploitations, who have reported prejudices to their right to health and safety at work by the conduct of the employers, of the trade unions and even of the public institutions with powers of control and of ensuring the respect for these rights.

Within this paper, the author makes a thorough analysis of the offence regulated by Article 277 of the Criminal Code, starting with the reason of incrimination and presenting in detail the constitutive elements of this new offence. To this end the author often makes reference to the provisions of the Statement of reasons of the Law No 286/2009. At the same time, the author confers a particular importance to establishing the existing relations between the offence provided by Article 277 of the Criminal Code and those regulated by Article 12 point 2 of the Law No 78/2000, by Article 269 of the Criminal Code, respectively.

10 December 2016 marks 60 years from the date when the General Assembly of the United Nations Organisation opened for signature (and 50 years from the date when they entered into force) the two international covenants on human rights: International Covenant on civil and political rights and International Covenant on economic, social and cultural rights. These, along with the Universal Declaration of Human Rights and the United Nations Organisation Charter, make up the hard core of the protection of human rights, within the United Nations Organisation (UNO). The 50th anniversary of their entry into force is equally a reason for balance, namely reflection and projection into the future. Thus, in 1966, the design of the two different conventional instruments, corresponding to the two traditional categories of human rights (civil and political rights, on the one hand, and economic, social and cultural rights, on the other hand), was based on their different legal nature, on the East-West ideological divisions, or on the necessity to treat them differently in the process of implementation at state level: the immediate implementation (civil and political rights) v. progressive realization (economic, social and cultural rights). However, the initial situation did not stay within the same parameters, but it gradually evolved. Although initially conceived as „political obligations” in the economic, social and cultural fields and rather left at the discretion of StatesParties, the economic, social and cultural rights have acquired, in time, through the work carried on by the Committee on Economic, Social and Cultural Rights (CESCR), a position that allows them to claim, in the next 15 years, a significant role in the process of implementation of the 2030 Sustainable Development Agenda. In such conditions, in this paper, the author initiates an evaluation of the doctrine of economic, social and cultural rights in the past two and a half decades, as well as of the way in which CESCR has built the „profile” of these rights, in this regard being evaluated two of the work methods used by CESCR, namely: General comments and the new LOIPR procedure – List of Issues Prior to Reporting.

Savantul meu coleg D. Dimitrie Alexandresco, într’un studiu asupra art. 951 și 1157 Codul civil, studiu apărut în ziarul Dreptul Nr. 25, face istoricul protecțiunei minorilor la Romani, istoric care este de sigur incomplet, dacă nu și inexact în câte-va puncte esențiale. Pentru ca să urmez întrucât-va pe eminentul meu coleg, nu mă voi ocupa cu protecțiunea copilului nenăscut, care de la o epocă determinată a început a fi protegiat, lucru care a dat naștere maximei cunoscute: „infans conceptus pro nato habetur quoties de ejus commodis agitur”, maximă cu atâtea aplicațiuni în dreptul modern, ci voi trata numai despre mijloacele de protecțiune organisate de dreptul roman pentru minor, luându-l de la naștere și până la vârsta de 25 ani.

Chestiunea pusă în teză generală la înălțimea principiilor fundamentale ale dreptului nostru public trece peste importanța litigiului concret cu ocazia căruia se pune această chestie. Suntem deci datori a o examina la acea înălțime și justiția la rândul ei e datoare și în drept să-i dea soluția care o va crede mai conformă acelor principii. Fără îndoială că nu este fără greutate considerația generală ce s’a invocat că dispozițiunile constituționale ar putea să rămână fără efect, dacă ar fi permis legiuitorului ordinar să distrugă prin opera sa legislativă bazele pe care este clădit tot edificiul vieței noastre publice, așa cum este el așezat în pactul nostru fundamental și dacă justiția nu ar avea dreptul să repună la loc părțile vătămate ale acestui edificiu.