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The study aims to analyze how the doctrine and jurisprudence, as well, have interpreted the provisions of Art. 32 of Law 18/1991, in over 20 years of applicability of the law’s wording mentioned. As it shall be ascertained, the law’s wording, improperly designed, can not be logically interpreted so as to produce the effects aimed at by the legislator, unless the restraint term of 10 years starts (has already started) its applicability since the issue date of the title deed. -
În lipsa unui probatoriu care să demonstreze existența unei activități autonome a inculpaților de inițiere, respectiv constituire a unei grupări infracționale, activitate care să rămână distinctă de comiterea infracțiunii ce a constituit scopul acesteia și care să vizeze organizarea acțiunilor infracționale, prin fixarea modalității și a coordonatelor de săvârșire a acestora, precum și a sarcinilor și rolului fiecărui membru în cadrul grupării constituite, fapta capătă valențele juridice ale pluralității ocazionale, prevăzute de articolul 77 lit. a) C.pen. -
The authors criticize the Decision of the High Court of Cassation and Justice No 13/2017 pronounced on appeal in the interest of the law, which had as its object the interpretation and application of the provisions Article 469 (3) of the Criminal Procedure Code which is called the Judgment of the request for reopening the criminal trial. The Constitutional Court decided that the decision of the High Court of Cassation and Justice No 13/2017 violates the right to a fair trial and the right to defence of the person.
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Pursuant to Article 65 of the (Romanian) Labour Code, the dismissal of the employee due to the dissolution of his workplace, for one or more reasons not related to this employee, involves, according to paragraph (2) of this text, that such a dissolution „be effective and have a real and serious cause”. Having a view that in the case law there is a difference of opinions on the above-mentioned phrase, the author makes an exhaustive analysis of the text of Article 65 and comes to the firm conclusion that, in case of dispute, the court must determine whether, in this case: – the dissolution of the workplace has occurred due to a real cause, therefore the cause was objective, of an undeniable nature; – the cause is serious, so it has a certain degree of gravity, with harmful consequences for the employer, thus requiring the dismissal of the employee; – if, following the principle of good faith, the employer has used, prior to dismissal, all the other possible legal remedies, so that the dismissal had only been a last resort. -
The study reiterates, in other aspects, the previously conducted analysis of the autonomy of the labour law, having in view the preamble of a civil decision of the 7th Division for cases concerning labour and social insurance disputes, within the Court of Appeal of Bucharest. This preamble also states: „The provisions of the Civil Code have nature of general law, representing the common law in the matter of civil legal relations in a broader sense, a matter where the labour relations are also included.” This study shows that, if such a statement would be retained, this would mean to accept implicitly the inexistence of autonomy of the labour law. As a result, it briefly analyzes the main specific features of the labour relations compared to the civil ones, reiterating that the labour law is a mixed branch of law, autonomous, but not independent from the civil law, a component of the private law. The rules of the civil law apply, as rules of common law, only subsidiarily, in the absence of some specific regulations of labour law and unless this is contrary to the particularities of the legal labour relations. -
In this article we shall present the jurisprudence of the Court of Justice of the European Union concerning the right to entry and to stay of the third-countries nationals members of the family of the Union citizens, as it evolved from the beginning to the present day, with its incoherences and inconsistencies, but also with its advances. The Court of Justice has contributed to the European integration, through the freedom of movement, more than the political institutions of the Union (the Council, the Parliament and the Commission) , so that the new legislation adopted in this area has incorporated the jurisprudential acquis. The institution of the European citizenship, which transforms the Community and the Union into a more political organization, has also contributed to open the freedom of movement to the third-countries nationals in cases in which they couldn’t benefit of it and to transform the national legislation on immigration under the influence of the Union law as interpreted by the Court of Justice. Of course, the jurisprudence of the Court of Justice is often criticizable and, indeed, has encountered much criticism both from the part of the States and of the scholar literature for its openness to the third-countries nationals, which puts in danger the national legislations on immigration. We also gave our own opinion on the solutions of the Court, not only when we didn’t agree with them, but also when they has been criticised, in order to defend them because we considered that they are correct. As Romania is a member of the European Union, the implications of the jurisprudence in the area of the freedom of movement are of a great importance, so our study may contribute to inform the national jurisdictions in this respect. -
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The article reviews the main features of digitization and its implications in the economic and social field. The technological perturbations on the economy, people’s conduct, medicine, law, psychology and education are significant. The author proposes the establishment of a National technical-legal laboratory, besides a faculty of law, and of a scientific event, entitled „Law and Digitization – Improving Legal Services”, to help improve access to justice in a digitized world.
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The study addresses a field of great practical interest, that of traffic contraventions. The perspective is one that combines in a balanced manner the doctrinal elements with the jurisprudential ones, the author proving a very good knowledge of the points of debate and of divergence in this matter. In the study there are included also elements that serve to differentiate the contravention from the offence, with references to the doctrine that has addressed this issue, but also the analysis of the most common differences of opinion, of interpretation and of application of the law. Among these there are: the forced intervention in the matter of the settlement of contraventional complaints, the balance between the presumption of innocence of the petitioner and the presumption of legality of the official report of the contravention, as well as the difficulties in establishing the judicial truth in the matter of contraventional complaints. -
The process of fighting against tax evasion has been and continues to be of particular importance for the Romanian legislator, due to the negative effects which this widespread phenomenon generates on the economic and social life, affecting the long-term development of a country faced with a fragile economy, still in transition. Despite the legislative developments of the last years, the normative framework in force continues to generate certain controversies, due to the different application and interpretation of the law, one of them being the modality to settle the civil action in the criminal trial, in case of tax evasion offences. Starting from the mentioned premise situation, the author of this study tries to provide an answer to one of the problems noticed in the process of interpretation and application of the law, related to the possibility of granting ancillary tax claims in the criminal trial. In this context, having regard to the legal framework in force, the author expresses his opinion on the impossibility to provide this kind of claims in the criminal trial, however expressing the opinion that the contrary solution, beneficial for the purpose pursued by the legislator, could form the object of legislative intervention, thereby providing a solid foundation for the solutions binding the author of the offence to pay the ancillary tax claims, even in a modality atypical to the tort civil liability, which serves as a model in the criminal trial. -
Law no. 202/2010 on certain measures to accelerate lawsuits’ settlement introduces into the Criminal Code, by art. 741 of the Criminal Code, a series of provisions in favor of the charged person or of the defendant who has committed certain economic offences and covered the damage in full, until the settlement of the cause of action in the court of the first instance. The author considers that these provisions could be construed as certain legal and real attenuating circumstances, however having a special regime, which often generates difficulties related to the interpretation and enforcement in the courts’ practice. However deemed as unconstitutional in May 2011, the provisions of the above-mentioned article are being enforced regarding the offences committed until its expiry date, pursuant to mitior lex principle. -
The violation of the rules of criminal law by a natural or legal person produces numerous consequences, both on the environment in which the offender lives and on his personality. Thus, criminal sanctions are applied to him with the purpose of preventing the commission of other deeds prohibited by the criminal law, but also of his re-education. However, the legislator, for reasons of criminal policy, has decided to regulate some situations that lead to saving the offender from the punishment provided by law. Among these situations are also the causes of impunity. The article aims to analyze the terminology used by the legislator in drafting cases of impunity and the repercussions that a misunderstanding thereof can have on the addressee of the criminal norm. For the elaboration of this article, doctrinal sources were used in which there have been defined causes of impunity and the moment in which they intervene, but also solutions found in the mandatory case law.
