In a modern society, which faces many challenges, from the perspective of complying with the legal rules in force regarding the payment of taxes and duties owed to the state, in which the electronic means of payment and, mostly, the system of payments in virtual currencies, not very strictly regulated nowadays in any part of the world, it is necessary to take special legal measures to control and reduce socially dangerous deeds, such as tax evasion, money laundering, the appropriation by state officials of immeasurable assets, from doubtful sources, unverified or even illegal. The Romanian society has also not been exempt from such legislative and organizational concerns, especially since the specific challenges of an emerging and developing society and in correlation with good European practices have been much more pronounced. From this perspective, the Romanian legislator has designed an ingenious system of control and disclosure of assets acquired under conditions that exclude the justification of their sources of funding by the beneficiaries of these values, being integrated a legislative and administrative system for submission by the civil servants of some asset declarations and an organizational set for carrying out thorough verifications, by a specialized institution, called the National Integrity Agency (hereinafter referred to as ANI). However, in order for the ANI notifications not to unnecessarily burden the role of the courts of appeal in the country, by the Law No 115/1996 for the declaration and control of the assets of dignitaries, magistrates, of some persons with management and control positions and of civil servants, corroborated with the Law No 144/2007 on the establishment, organization and functioning of the National Integrity Agency and with the Law No 176/2010 on the integrity in exercising public functions and dignities, amending and supplementing the Law No 144/2007 on the establishment, organization and functioning of the National Integrity Agency, as well as amending and supplementing other normative acts, it was conceived an integrated institutional framework, through which ANI notifies the relevant cases from the perspective of unjustified assets to a specialized structure, integrated in the system of each court of appeal, called the commission of investigation of assets, which performs a preliminary verification of the evidence attached to the ANI notification and it can take the measure of notifying the court of law with this notification, if the origin of the assets acquired by the civil servant is unjustified, it may close the case, if the source is justified, or it may order the suspension of the control and the referral of the case to the competent prosecutor’s office. The present study intends to reveal the multiple valences of the acts of one of the most specialized institutions for verification and control of the assets of dignitaries and civil servants from Romania.

In this study, the author intends to emphasize a number of rights by which the procedural availability is manifested in the phase of enforcement, whose purpose is to carry out the provisions contained in the enforceable titles. The initiation of the second phase of the civil trial, by notifying the court executor, as well as the moment of registration of the application for enforcement are of special importance. The principle of availability is also manifested by the abandonment of the enforcement procedure, the waiver of the claimed right, as well as by the possibility of the parties to find, by mutual agreement, convenient ways of exercising rights and of executing obligations, by concluding a mediation agreement.

The active procedural quality in the direct guarantee action is one of the basic elements of the legal mechanism, regardless of whether we are talking about the active or the passive one. At first glance, we would say that the mechanism of direct action in general should not create too much discussion about its protagonists. However, in legal practice there has been a confusion about the subjects of the direct action, which has led to the questioning of the creditor’s active procedural capacity within the legal mechanism. Through this study, we are trying to shed some light on the practical application of direct collateral action, but also on the interest and procedural quality of the creditor and the debtor within the legal mechanism. Also, since the direct action in classic guarantee does not have a legal basis, unlike the direct action in payment, being derived from the notion of group of contracts, we will show why, in order to avoid contesting the procedural quality of the creditor within the legal mechanism of the direct action under warranty, the contracting parties must expressly insert a clause in the contract giving their consent to the transfer of the right of action to the sub-acquirer, in order to strengthen the transfer of the right of action under the guarantee for hidden defects. At the same time, as the direct action is an exception to the principle of relativity of the effects of the contract, the legislator is obliged to intervene, by introducing expressly some texts in the Civil Code, both in terms of the guarantee for eviction and in terms of the guarantee for hidden defects, so that the direct action in the guarantee finds its practical application. Only in this way will creditors be able to be protected from the effects of the exception of the lack of active procedural capacity, in terms of both guarantees provided by law (hidden defects and eviction).

The study aims to analyze the situation in the domestic law of the application of the institution of transfer of undertaking in relation to the exigences of Directive 2001/23/EC as interpreted by the Court of Justice of the European Union. The premise of a correct interpretation and application of this institution is the knowledge of the essential aspects developed in t he case law of the Court of Justice of the European Union that analyzes the scope of application ratione materiae of Directive 2001/23/EC, among which are emphasized the distinction made by the Court between labour force-based companies and companies whose activity necessarily involves the exploitation of goods, as well as the autonomous meaning attributed to the notion of „conventional assignment”. Furthermore, the author shows that the regulation of the notion of transfer of undertaking from the domestic law restricts the scope of application ratione materiae of the Directive 2001/23/EC, non-compliant conditions being imposed, such as the transfer of the property right from the assignor to the assignee and the existence of a contractual link between the assignor and the assignee. The analysis of the judicial practice of the national courts and of the opinions expressed in the doctrine shows that a unitary point of view has not been outlined with regard to the possibility of applying the principle of conforming interpretation of the domestic law in order to ensure the full effect of the provisions of Directive 2001/23/EC. In a first opinion, it is argued that the full effect application of the Directive from the perspective of the scope of application ratione materiae can be achieved through a conforming interpretation of the domestic law which allows to leave the contrary internal legal provisions be disregarded, without thereby reaching to a direct application of Directive 2001/23/EC. According to the second point of view, the extension of the institution of the transfer of undertaking over the express normative content of the internal provisions, in the absence of any legal operation of assignment or merger, without having as object the property right, would be an interpretation contra legem. In compliance with the limits of the principle of conforming interpretation stated in the case law of the Court of Justice of the European Union, the conclusion supported by the author of this study is that the conforming interpretation of the national law is an effective remedy for the full application of the provisions of Directive 2001/23/EC.

The aim of this study is to point out the way in which transnational spaces exert their influences on the international legal order and the national legal ones. Theorizing transnational law opens the way of such demarche. Therefore, the overview of some schools of transnational law offers the opportunity for understanding the link between transnational spaces, transnational legal orders and transnational law. The transnational spaces "Mitsubishi" and "FIFA" evolve in transnational legal orders; the latter legal orders inspire the scholars to theorize actively the transnational law itself. Such theorizing may help us to be conceptually equipped in front of future transnational spaces.

Potrivit art. 52 alin. (1) C.pr.pen., instanța penală este competentă să judece orice chestiune prealabilă soluționării cauzei, chiar dacă prin natura ei acea chestiune este de competența altei instanțe, cu excepția situațiilor în care competența de soluționare nu aparține organelor judiciare, iar conform alin. (2) al aceluiași articol, chestiunea prealabilă se judecă de către instanța penală, potrivit regulilor și mijloacelor de probă privitoare la materia căreia îi aparține acea chestiune. Conform alineatului (3) al art. 52 C.pr.pen., hotărârile definitive ale altor instanțe decât cele penale asupra unei chestiuni prealabile în procesul penal au autoritate de lucru judecat în fața instanței penale (cu notă aprobativă).