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In case the criminal prosecution is carried out by the hierarchically higher prosecutor’s office in the matter in which the preventive detention action is requested, according to art. 45, paragraph 1 with reference to art. 33-36 of the Criminal Procedure Code, when deciding the material jurisdiction for solving such a proposal, according to art. 1491 paragraph 2 of the Criminal Procedure Code, the judge takes into consideration the whole criminal matter, namely all the facts and persons investigated in the criminal case in which the prosecutor makes such a proposal and the legal qualification of all these facts established by the prosecutor and valid as at the date of notifying the judge, and not by taking into consideration only the action (and the legal qualification established for such action) or the person in relation to which the proposal for taking such action was submitted. -
In the study with the above title, the author reviews a recent amendment (under Law no. 202/2010) to Article 153 par. (1) of the current (Romanian) Code of Civil Procedure, which by its wording gives rise among practitioners to a controversy, namely: whether or not the legal entity is presumed to have been or not notified on the term (with the consequence of failure of its summoning on subsequent terms) where the summons was not personally received by the summoned person or a representative (legal or conventional) thereof, but by an employee thereof failing to act in the capacity as its representative. The author judges that non-receipt of summons personally by the summoned person or by his representative, but by another employee of the legal entity shall not denote to have been notified for all subsequent terms. -
Criminal regulations are lacunary as regards the punishment of the actions of some persons to determine, by corruption or by other means, ordered assassinations or other serious offences, although their activity is extremely dangerous, taking into account the fact that, sometimes, the victims escape only owing to the benevolence of those instigated, which, in some cases, even denounce the instigators. -
This study was occasioned by the different manner in which the National Council for Solving Complaints and the courts have construed the laws under which the successful tenderer in the public procurement procedure is granted a right of access to a court, often bringing adverse procedural consequences. Although the jurisprudential solutions analyzed were delivered under the old procedural rules, we find that the latest amendments made to both the Government Emergency Ordinance no. 34/2006 and the Code of Civil Procedure were not a remedy for the deficiencies noted, as the ambiguity of the laws stating that the successful tenderer can be party to the administrative jurisdictional procedure, namely party in a complaint to the court, is a source of legal uncertainty. -
The recent Administrative Code (approved by the Government Emergency Ordinance No 57/2019) has taken over from the old regulation (the Law on local public administration No 215/2001), with some amendments, the rules regarding the function of public administrator at the level of communes, cities, municipalities, counties and associations of inter-community development. In this article, the author mainly considers the appointment of the public administrator by the mayor, the delegation of his attributions, including that of the main loan officer. Special attention is paid to the management contract (its object, the rights and obligations of the contracting parties, its duration and its cessation). Regarding the legal nature of the respective contract, the author’s opinion is that this is an administrative contract, of public law. Among the arguments considered the following are included: it is regulated by the Administrative Code; one of the parties is a public authority; its object consists in „coordinating some compartments of the specialized apparatus or of the public services”; it can be terminated (unilaterally) by the public authority. The end of the article is devoted to the triptych at the level of communes, cities and municipality, triptych consisting of the mayor, the deputy mayor and the public administrator. The idea is that the delegation of some of the attributions to the public administrator does not remove the competence of the mayor to exercise any attributions given by law in his competence. -
The idea of this study has been suggested to us by the phrase the subjective right to contract, used in the name and the content of an article relatively recently published in „Dreptul” magazine. Wishing to find out how it was motivated from a logical-legal viewpoint and what such a subjective right involves, we read the article but, to our surprise, we have noticed the lack of any action in this respect. The aspects that have drawn our attention have become reasons why we have decided to try to substantiate some logical-legal solutions regarding some legal notions or phrases, in relation to which the author of the article refrained from arguing her own options, such as the subjective right, the subjective right to contract and the good faith in relation to bad faith. -
The article deals with the right of the pre-university teaching staff to the reimbursement of the equivalent value of the transportation from the domicile to the education unit, by private car, as well as with the possibility to grant in favour of the heirs, in the current regulation, the death aid due to them as a result of the death of the pre-university or university teaching staff. -
In this study, by analyzing the legislation in force concerning the remuneration of the budgetary staff paid from public funds, including the special legislation referring to the remuneration of the staff from public education, the author reaches the conclusion that, until the adoption of some new legal provisions (regulations) on this matter, the auxiliary teaching staff from (university and pre-university) public education, which, until 31 December 2009, legally benefited by a wage additional payment for dangerous or harmful conditions, is entitled to continue to receive this additional payment, if the activity is further carried on under the same conditions (dangerous/harmful). -
This study is devoted to some critical appreciations in connection with the use, in a relatively recent specialty paper, of some „practicist expressions” in order to designate the territorial jurisdiction of the court of first instance to settle the divorce applications („court of first instance having jurisdiction over the place of residence of the defendant”, „court of first instance having jurisdiction over the place of residence of the applicant” etc.). Likewise, our analysis also concerns the conclusions drawn within the same paper in connection with the concurrence between the territorial jurisdiction theses regulated by Article 3 (1) a) and those provided by letter b) of the Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000. -
The above entitled study concerns the analysis of the Romanian Civil Code current provisions relating to the “Preciput Clause”; the said provisions are inspired mainly from the corresponding regulations of the 1804 French Civil Code. Specifically, it examined the Preciput Clause in terms of its legal nature, beneficiaries, objectives and execution hereof. Also, existence of improvable aspects in regulating this Romanian legal system unique legal institution has been reported and, consequently, certain de lege ferenda proposals were grounded.
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While the judicial authorities have rigorous procedure codes, and the legislative authority has regulations for the development and adoption of laws, the public administration authorities in general and local government in particular „are still suffering in this respect”. To fill the „gap” that exists in some /partial sides of the administrative procedure, since the Administrative Procedure Code has not been yet adopted, in this study the authors intended (invoking the tangent jurisprudence) to contribute to the elucidation of the two cases (of many) in a segment in which positive law is quite vague, thus allowing an inconsistent practice, sometimes even arbitrary. -
In this study, it is analyzed the direct action of the mandator against the sub-mandatary, in light of the new Romanian Civil Code (the Law No 287/2009, republished on 15 July 2011). In this respect there are examined successively: the direct action in the legal relations arising from the contract of mandate, both under the old Romanian Civil Code (of 1864, in force until 30 September 2011) and under the influence of the new Civil Code (in force since 1 October 2011); the liability of the mandatary towards the mandator; the problem whether the mandatary and the sub-mandatary are jointly liable or not; the effects of the direct action of the mandator against the sub-mandatary and others.
