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The area of significance of certain terms used in the Constitution is quite diverse and therefore we cannot be precise about their content, especially when the semantic perception of those terms is not purely legal. Terms, as „homeland”, „nation”, „nationality”, „people”, „national minorities”, „national identity” or „ethnic identity” don’t have at first sight an explicit constitutional significance. The content of these terms evolves with the dynamics of the population. Moreover, some of these terms have a specific meaning in some cultural systems and another meaning in other civilizations. Therefore, they should be explained according to the corresponding social realities, political culture and traditions of the population or community of citizens to whom they will apply. -
În versiunea originalã a Convenţiei (europene) pentru apãrarea drepturilor omului şi a libertãţilor fundamentale (în continuare denumitã Convenţia), moartea nu putea fi cauzatã unei persoane în mod intenţionat, decât în executarea unei sentinţe capitale pronunţate de un tribunal pentru o infracţiune sancţionatã prin lege cu o asemenea pedeapsã. Astfel, pedeapsa cu moartea nu era interzisã, cu condiţia respectãrii principiului legalitãţii, aceasta şi datoritã faptului cã în acel timp (data semnãrii, respectiv data intrãrii în vigoare a acestui document), în majoritatea statelor membre ale Consiliului Europei pedeapsa cu moartea era stipulatã în legislaţiile penale interne2. -
The present scientific approach, springing from the practical, concrete needs, appeared in the space of manifestation of the role of one of the fundamental institutions of the Romanian state, is based on the wider and more complex reality of Romania’s international commitments, particularly the issue to fulfil the obligations arising from its status as a full member of the European Union, in terms of the application of European law, in respect of its fundamental values in relation to the national legal order, especially the priority over the rules of national law. At a conceptual, theoretical level, given these decisive influences of European law on the process of creating Romanian law, in the effective crystallization of the sources of positive law, by virtue of Romania’s accession to the EU treaties, the article intends to assess some possible coordinates of the process of reform of the Legislative Council, under the aspect of its obligations on the line of legislative harmonization, in application of the provisions of Article 79 of the Constitution, regarding the essential role of this institution in terms of systematization, unification and coordination of all national legislation. From such a perspective, it is confined to the research of the correlation between the needs of the state, in this case the obligations imposed constitutionally on all public authorities, according to Article 148 of the fundamental act and the concrete realities of the phenomenon, in the projection of the organization and functioning of the Legislative Council, the author advances concrete solutions meant to ensure its institutional adequacy to the weight and dynamics of the European legislation, in a continuous change, in the context of increased institutional efficiency. -
The article describes the common law system in terms of sources of law, in the British system, the term legislation being used to describe the statutes of Parliament and delegated legislation, and the formula case law to designate both common law and equity. Statute law or Acts of Parliament represents in the law system of Great Britain the equivalent of the laws adopted in the Romanian law by the Romanian Parliament, and the term delegated legislation describes all those rules adopted by authorities other than the Parliament of the United Kingdom, but under its authority. At the same time, it is characteristic of the British jurisprudential system to publish cases settled by the courts of law or to report them, this activity being carried out by lawyers, by a barrister or by a solicitor. -
The article sets out two components of the case of cassation on the application of the punishment within other limits than those provided by law: the scope of incidence the case of cassation in question and the solutions that may be given subsequent to the admissibility of the means of the appeal in cassation and the cassation of the challenged judgment, in this case. In the scope of incidence of the case of cassation on the application of punishments within other limits than those provided by the law several assumptions of violation of the principle of legality of the criminal law sanctions are included. First, the appeal in cassation is suitable to remedy illegalities which relate to the very nature of the sanction applied: punishment or educational measure. Secondly, an appeal in cassation may be filed to remedy illegalities related to punishments, regardless of their nature: main, complementary or accessory. Thirdly, within the category of main punishments, by way of appeal in cassation illegalities concerning the placement of punishment outside the special limits can be remedied, in the absence of a individualization cause. Under a first aspect, there may be invoked illegalities concerning the placement of punishment below the special minimum limit, in the absence of a mitigating cause. Under a second aspect, there may be invoked illegalities concerning the placement of the punishment over the special maximum limit, in the absence of an aggravation cause. Also within the category of the main punishments, by way of appeal in cassation there may be remedied illegalities resulting from the misapplication of the criminal treatment of the various causes of individualization. -
Principiul suveranității naționale consacrat în art. 2 alin. (1) din Constituție se reflectă la nivelul Parlamentului prin suveranitatea acestuia. Un prim efect direct al suveranității forului legislativ este independența acestuia și a membrilor săi, precum și autonomia organizatorică, funcțională, financiară și disciplinară a Camerei Deputaților și Senatului. ... -
The object of the contract 1 represents an essential substantive condition and validity of the contract and is a subject disputed in doctrine. The doctrinal dispute regarding the definition of the object of the contract generally has its origin in the polysemantic character of the term „object” 2 . Starting from the provisions of Article 962 of the Civil Code of 1864, the legal doctrine 3 has limited the object of the contract to the conduct of the parties established in that contract, to the action or inaction to which they are entitled or by which they are bound. In another opinion 4 it was mentioned that the object of the contract consists in the object of the obligations generated by it, i.e. in the service or services concerning the transmission of a right and a positive or negative fact of the debtor, as well as in the object of these services. The relation of determination between the object of the contract and the object of the obligation follows from the fact that all the characteristics of the latter have their origin in the nature of the object of the contract. In this sense, the current Civil Code removes the inaccuracy of the old Civil Code, which, in Article 964, confused the object of the contract with the object of the obligation. Thus, Article 1225 (1) of the current Civil Code provides that „The object of the contract is the legal operation, such as sale, lease, loan and others similar, agreed by the parties, as it appears from all contractual rights and obligations”. In other words, the object of the contract designates the legal operation through which an obligation is born, modified, extinguished, i.e. a legal relation, the content of which includes the rights and obligations of the parties 5 . The object of the obligation is the service to which the debtor is committed.
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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. -
Organizațiile societății civile pot fi uneori demersul cel mai accesibil și eficace pentru cetățeni, de a acționa pentru apărarea unui drept sau interes legitim. În plus, membrii grupurilor pot avea un cuvânt greu de spus cu privire la acțiunile ori inacțiunile statului. Aceste aspecte creionează o forță civică, ce, folosită cu bună-credință, poate duce la progresul întregii națiuni. În absența unui simț civic dezvoltat, comportamentul unor persoane ce doresc a abuza de o organizație a societății civile apare ca fiind extrem de nociv pentru democrație1 . Practic, dintre acei puțini români ce se implică, o parte nu urmăresc dezvoltarea comunității, ci propria bunăstare. -
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Under the old civil law, the registration of a property right in a land registry was a follow-up phase to the fulfilment of the obligation to give, that is, to transfer the property. In that sense, the registration thus carried out was only intended to ensure to third parties the publicity of the legal transaction transferring the right of property, making the new owner known, similarly to other law systems in Europe. Currently, under the Civil Code in force, things have remained relatively under the same conditions. The Civil Code regulated the constitutive system of registration rights in the land registry, but the implementing law postponed those provisions until the completion of the cadastral measurements. However, we consider an apriorical analysis of the constitutive system of rights to be helpful in anticipating and clarifying the legal issues that may arise in the future, but also in determining the legal nature of the interim period between the conclusion of the contract and the time of registration in the land registry, that is to say, until the time of complete fulfilment of the obligation to give. Last but not least, we will analyze aspects of the eventual liability that could be committed because of the faulty fulfilment of the obligation to apply for registration in the land registry, therewith identifying the persons who can apply for the registration and the persons who have to apply for it.
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The author analyses crimes such as “Not helping a person who is in need” and “Preventing help” from the new Penal code, revealing, if the case may be, the similarities and differences as compared to the effective penal law. The last part of the article contains elements of comparative law, with reference to the approached theme.
