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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. -
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.
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The institution of course of justice interruption was first introduced in the criminal procedure of Romania in the Charles II Code of Criminal Procedure (1936), being kept in the current Code of Criminal Procedure [Art. 29 point 5 item b)] and also in the new Code of Criminal Procedure adopted by Law No. 135/2010 [Art. 40 paragraph (4)]. The author shows that the Romanian legislator failed to clarify this phrase, leaving the identification of the cases of interrupting the course of justice to the legal literature, but especially to the case law. The case law of the High Court of Cassation and Justice may conclude that the “interrupting the course of justice” phrase requires the occurrence of a criminal case pending before a court of law which has no possibility of achieving the ultimate goal of the trial due to inapplicability of any of the procedural provisions relating to jurisdiction, so that the competent court to order a legal solution cannot be determined.
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The author argues that establishing a compulsory nature in what concerns the term provided for in the provisions of the second sentence of article 159, paragraph (8) of the Criminal Code of Procedure is required only for rejecting the proposal to extend the preventive arrest; in case of admission of the proposal to extend the preventive arrest, the recommendation nature of this term is sufficient to ensure the conduct of this trial stage, under the rigors of the right to liberty and security.
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The law branches constitutionalization issues – therefore, also of civil law – came up acutely in Europe after the Second World War, initially in the Federal Republic of Germany and then shortly after, in France and after 1990 in Romania. This study examines the issues mentioned noting that the term of constitutionalization of the law branches is the fundamental human rights effect on the legal system of each State.
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In the following study, the author carries out an analysis of the Law No. 571/2004, the author emphasizing the fact that this law is actually very little known and applied, although its adoption in 2004 was made considering Romania’s accession to the European Union (this took place on January 1, 2007). For that purpose, while analyzing certain wordings of the law (which consists of a total of 11 articles), the author proposes a number of amendments and supplements thereto, in order to improve and use thereof in the social life practice.
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Given the fact that, in accordance with the Community relating provisions, the new regulation of public utilities provides optimal conditions for the organization, functioning and operation of these services, respectively for delegation of these services’ management to private operators, this study aims at analyzing the manner the public utilities are managed by delegating the management of these services from the territorial administrative units to the authorized private operators.
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After a presentation of the practical difficulties that arise searching the Electronic Archive of Security Interests in Personal Property, we have reached in this article the conclusion that it would benefit all the participants of the judicial circuit the augmentation of the regulatory framework for the archive activity so that it will detail the procedure and the obligations of the authorized agents in searching for information in the database, following a request. Present lack of regulation leads to an erroneous perception regarding the content of the search certification minute drafted by the authorized agent, perception based on analogy with other institutions (especially the land book), and could ammount to negative consequences.
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Unfortunately, labor legislation also includes insufficiently clear, parallel or contradictory provisions. Some of these provisions relate to the probationary period for persons with disabilities, and others relate to the cancellation of the penalty, consisting of disciplinary termination of the employment contract. In this study, the author analyzes the views expressed in the legal literature on the two institutions and also draws his own solutions.
