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In this study the authors examine the issue regarding the ways to determine lineage and the recognition of the child (art. 408 and art. 415 and the following of the new Romanian Civil Code - Law No. 287/2009, republished on July 15, 2011 and entered into force on October 1st, 2011) noting the differences in relation to the previous regulation (the Family Code in force from February 1st, 1954 until September 30, 2011); in this context, on the one hand, the positive aspect of the new regulations is highlighted, and on the other hand, a series of lex ferenda proposals are also being carried out. -
The article analyzes recent and older judgments of the High Court of Cassation and Justice and other courts on the regularity of the document instituting court proceedings, through the indictment prepared by the prosecutor. By highlighting the lack of uniform settlement of irregularities arising in the procedure laid down in Art. 300 of the Criminal Procedure Code, the authors try to find harmonious solutions for the procedural incidents arising in matters. Also, a significant part of the article is dedicated to the provisions of the new Code of Criminal Procedure relating to the analyzed matter, highlighting some deficiencies specific to the new rules. -
Criminal Rule incriminates the refusal to collect “biological samples”, highlighting the driver’s bad faith. Law does not refer to the case where the driver has agreed to provide the first biological sample but refuses the collection of the second. Such situations hindering the criminal prosecution body were met in practice. After a thorough assessment of the incriminating wording in accordance with the criminal provision’s rules of interpretation, the author concludes that the refusal to provide the second biological sample is an offense.
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In this article, whilst critically analyzing the relapse doctrine and jurisprudence, the authors argue that the provisions of Article 38 paragraph (2) of the Criminal Code – which stipulates for that convictions for which rehabilitation occurs or for which the rehabilitation period was completed do not entail the relapse status - do not imply that the relapse status is determined by court rehabilitation decision, but just by meeting the rehabilitation deadline, without inquiring whether the other judicial rehabilitation requirements are also fulfilled.
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Public-private partnership in the Romanian law is one way of effective management of public or private property owned by the State or territorialadministrative units that meets a particular need of these entities; its object is the execution of works, supply of products or provision of services. In the current legislative context, the public-private institution finds a new legislative establishment through the Law no. 178/2010 concerning the Public-Private Partnership, as amended and supplemented. In the climate of the new regulations in this area, the present study proposes an analysis of private investors selection procedures, considering that the private investor selection is a crucial procedural step in awarding the public private partnership contract, as it concerns the transparency of public authorities in the execution of the contract and aims at ensuring the protection of free competition in awarding such contracts.
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The present study examines in detail the conditions for contracting authority’s cancellation of the award procedure for the public procurement contract, taking into account that the legislative act (Government Emergency Ordinance no. 34/2006 regarding the award of public procurement contracts, public works concession contracts and services) underwent the last 2-3 years - in the terms considered - radical changes likely to run on the current legal regime.
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The study hereafter aims at developing the subject represented by the lease contract of an intellectual creation correlated with the new legal dispositions of the Civil code concerning the lease agreement. The analysis is inscribed in the author’s sphere of interest concerning the major copyrights turning into account agreements following an ample theoretical schedule, which is defined by the effort to compare the particular legal provisions on this type of agreements to the larger area of legal provisions comprised in the Civil code that came into force in October, 2011. The necessity of this study is derived from the circumstance that this type of agreement dealt with hereafter is brought under regulation by a single article encompassed in Law no. 8/1996, corroborated with the fact that the patrimonial author’s rights turning into account agreements are not referred to within the legal provisions of Law no. 287/2009. (The Civil Code)
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By carrying out a review of Articles 312 to 328 of the new Romanian Civil Code, the author concludes that this Code allows conflict of laws relating to primary matrimonial regime; enforcement of mentioned rules is not required, as they are components of Romanian private international law public order.
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Examining the impact of the entry into force of the new Romanian Civil Code (Law no. 287/2009, republished, effective since October 1st 2011) the author concludes that, despite the “monistic” nature of the new Code, the commercial legal relationship still exists (but grounded on the concepts of business and professional). So being, says the author, commercial law remains timely even though its legal basis is within the new Civil Code. Therefore, to avoid misleading foreign investors, one suggests changing certain legal texts of legal acts implementing the new Civil Code, de lege ferenda, for the purpose of restoring the traditional concepts of “company”, “commercial agreements”, “legal relationships / commercial disputes”.
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The European Union law principles can be source of Community law, as they have the same rank as the treaties in the hierarchy of the EU law sources. These principles are compulsory both for the EU institutions and the Member States. These binding principles include the principle of legality of indictment and punishment. Therefore, whenever a Community act requires Member States to establish punishments to be used in the event an offense provided for in that act, they must comply with. There are also some exceptions to this rule (the compulsoriness for the European Union Member States): the criminal liability of the person who committed the offense cannot be determined nor can be aggravated by breaching the Community act independently of a domestic law adopted by a Member State in view of its implementation. In this study, the authors analyze the exceptions to the principle of legality of indictment and punishment, which have a particular interest in criminal matters, given the contradictions in the Romanian and foreign criminal doctrine. -
The first European Treaty, which encouraged the establishment of political groups in the European Parliament, was the Treaty of Maastricht, which established a European Union, signed in 1992 and came into force a year later. Political parties have always played an important role in democratic societies, a role demonstrated by the functioning of the role of a mediator between society and government, which they fulfill. In the European Parliament, political groups are the doctrinal expression of a pan-European cohesion.
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International protection of human rights, enshrined in normative terms especially after the Second World War, is now characterized by a set of characteristic features undisputed within the specialized doctrine, valid both at universal and regional level, equally highlighting the universal nature of human rights and the capacity of individuals to be subjects of international law in the matter.
