The article, a continuation of the study with the same title published in the previous issue of „Dreptul” magazine, presents in detail the minority point of view expressed within the civil procedure collective of the Faculty of Law of the West University from Timișoara, according to which the object of the incidental or provoked appeal/review may be the grounds or the solutions contained in the judgment of the court and in the preliminary conclusions, whether they have been challenged or not by means of the main appeal/review

Reflections on the moral and legal status of the animal, its cognitive abilities, its differences, essential or not, with humans, have nourished human thinking since ancient times; source of debate also today are a lot of questions: can we kill animals, we can eat them, we can use them in our activity, both in the field and in laboratories, do animals have rights, are they subjects of law? Ever since Roman law, the animal was considered from legal point of view, considering only the faculty of man’s appropriation as a subject of law; the main status of animal remains that of reification, their interests being most often ignored for the benefit of humans’ interests. This status embraced by doctrine, praised legally throughout the different civilizations and which has lasted until today, could be maintained by virtue of the „natural” power of human domination exercised over the rest of living beings also through the Cartesian animal–machine theory, which was translated into law by the animal–thing theory.

An attack on a moral right must attain a certain level of seriousness in order to attract the application of a sanction. When the exercise of a moral right, freedom of expression especially, interfere with the exercise of some other moral rights, in order to determine if the right was exercised with intention to harm or excessive and unreasonable, a fair balance exercise between two values which may come into conflict must be carried out under the proportionality test: if there is a public or private interest to justify the attain to the moral right of another person. In these cases, harmful events can occur even without author guilt. The application of national provisions which protects specific moral rights should not be used solely to determine whether or not there is a violation of the rights of personality, to determine whether or not the conditions of general tort law are fulfilled. The new national provisions can be useful to determine the proportionality of the sanction, and even for establishing non-material remedies when the specific conditions of general tort law are not fulfilled. There is a relationship of complementarity, maybe even subsidiarity between general tort law and the specific remedies of civil moral rights stipulated in the Civil Code. Conceptualizing moral rights regime by enactment of statutory moral rights as „civil subjective rights” with specific remedies aims to achieve a better moral rights protection. Essentially general tort law does not deny specific protection concided by personality moral rights.

The official proclamation of the climate emergency (at an international, European, and national level) has stimulated the concerns and efforts to regulate and adopt public policies aiming for mitigation of, and adaptation to climate change. Initiated in the name of the principle of precaution – scientific uncertainty regarding the anthropic causes do not justify the inconsideration of the phenomenon, but they impose taking progressive and proportional measures – 30 years ago, the process of development of climate law has already known three successive and progressive stages, configured around three major international acts. The Framework Convention on climate change (1992) has generated a general normativity, as a guideline and non-binding; the additional Kyoto Protocol (1997), with a superior legal force, provided precise targets and determinate periods of time to reach them; finally, the Paris Agreement (2015) has marked the phase of voluntary commitments and of adequate instruments, varied in their means of enforcing. Characterized by a dependency and a major interconnection with scientific data, climate law is inspired by a series of fundamental concepts (general interest of humanity, environmental transition, the rights of future generations, global approach), and it is dominated by a series of general principles (precaution, common but differentiated responsibility, the right to a stable climate), affirming itself as a law of the present day, but especially of the future. Assuming the Green Deal as a new strategy for growth of the EU (2019), of the law for climate (2020) and the return of the USA to the Paris Agreement (2021) re-launch the multi-lateral framework for negotiation and international regulation in this field, opening ample perspective for affirmation of the new legal regime and the innovative scientific field.

The concepts with which the theory of law operates are far from being the result of some philosophical speculations, without any connection with the concrete relations of the social life. Although eminently deductive, the science of law, as a whole, does not operate only deductively, without reference to facts, data of reality. In last analysis, the theoretical constructions formulated by the science of law (or legal sociology) are the result of a succession of inductive and deductive steps. A good knowledge, explanation and interpretation of law (of the legal phenomenon, more broadly) requires an appropriate methodology, based on which to achieve a scientific understanding of the mechanism of the social action of law, its functions, essence, content and form. In the conditions of the current scientific and technological evolution, there are happening profound transformations – of structure, of method, of vision – which determine that also the scientific research go through a fruitful mutation. From this methodological perspective, the author aims to address some essential aspects of the structure of law.

The criminal trial is a complex judicial activity through which it is performed the criminal justice, formed of a complex of judicial activities carried out in an orderly and successive manner. In its entire development, the criminal trial is a complex judicial activity. In the dynamism of its development, the criminal trial is a complex of judicial activities. The regulation of the criminal trial includes the provisions of the general part of the Criminal Procedure Code, as well as the provisions of its special part. The general provisions regulate the criminal trial in all cases and they discipline the entire judicial activity. The special provisions regulate the criminal trial in each case in particular and they discipline each judicial activity in particular. The special provisions are interpreted literally and restrictively, systematically, logically and teleologically, in order to be correctly applied.

In this article, we intend to present, first of all, the particularities of the on-the-spot investigation, and then to deal with the way of drawing up a report, regarding those found on the spot and the importance of such evidence for solving cases. Also, depending on the discussions held, in our presentation, we will examine the themes raised by applying Articles 345–347 of the Civil Procedure Code; the situations in which the court, which travels on the spot, cannot conclude the investigation on the appointed day; the issue of the rogatory commission and the manner of drawing up the minutes. Current probation law provides the on-the-spot investigation with the conduct of operations and findings to be recorded in a report, which also shows the presence or absence of the parties. We appreciate that, for a fair trial, the deadlines for which the judge goes to that place on the second or even the third day must be mentioned. Although it is not a legal provision for the on-the-spot investigation by the letter rogatory, there are requests, according to the rules of common law, by which the courts support each other, to establish the truth accurately. Because the on-the-spot investigation is direct evidence of the facts, the minutes must be drawn up meticulously during on-the-spot investigations. In our analysis we also turn to generically related information, which cannot be a means of probation allowed by our system.

The idea of recognizing nature’s legal capacity, with the consequence of attributing this entity of rights, began to be conveyed some time ago in the specialized literature. With all criticism, the theory has taken a certain shape and has even been included in the legislations, as is the case of Ecuador, which in 2008, by Constitution, Articles 71–74, recognized the law of nature, of the environment in general. Bolivia has adopted legal provisions, but not with constitutional power and, at the same time, has proposed a draft Universal Declaration of Nature Rights, which quickly gained adherence both at the level of states and in specialized literature with moderate optimism because it is stated that „we must be aware that the statement such as the one proposed cannot be expected to have immediate results”. The granting of rights to nature, as a new approach to the law of the environment that conceptualizes the natural, non-human world, as something worthy of protection for its own good, and not just as something that can be used for the benefit of the people, appeared in response to the failure of the model anthropocentric environment protection, also has its place in interesting processes.

The additional acts do not enjoy a legal definition in the labour legislation, although some legal texts make reference thereto or the necessity of their conclusion results from the interpretation of the legal provisions. At the same time, the conclusion of the additional act to the individual labour contract is frequently used in practice. Among the measures to make the labour relations more flexible is the temporary change of the workplace at the domicile of the employee, in which situation there must be concluded an additional act to the individual labour contract. It is necessary de lege ferenda to enshrine a legal definition of the additional act in the Labour Code.

Potrivit art. 244 C.pen., inducerea în eroare a unei persoane prin prezentarea ca adevărată a unei fapte mincinoase sau ca mincinoasă a unei fapte adevărate, în scopul de a obține pentru sine sau pentru altul un folos patrimonial injust și dacă s-a pricinuit o pagubă, se pedepsește cu închisoarea de la 6 luni la 3 ani, iar înșelăciunea săvârșită prin folosirea de nume sau calități mincinoase ori de alte mijloace frauduloase se pedepsește cu închisoarea de la unu la 5 ani. Dacă mijlocul fraudulos constituie prin el însuși o infracțiune, se aplică regulile privind concursul de infracțiuni (cu notă aprobativă).

The present paper aims to analyze extensively the institution of commitment of the responsibility of the Government before the Parliament, trying to identify possibilities to improve the current constitutional regulation in Romania. For this purpose, in a first part of the paper, in order to better understand the resources of the institution, the comparative method is used. Thus, similar regulations from other states are widely presented, such as the vote of confidence in a number of parliamentary regimes (United Kingdom of Great Britain and Northern Ireland, the Federal Republic of Germany, the Fourth French Republic), as well as the regulation of the commitment of the responsibility of the Government in the current French semi-presidential regime. Subsequently, the paper focuses on the regulation of the institution of commitment of the responsibility in Romania, being studied the manner of application thereof by the Government in the last 30 years. Several perspectives are used for this purpose: that of doctrine, an occasion that allows the presentation of arguments for and against the current regulation of the institution; that of constitutional practice, which allows the understanding of some disfunctionalities of the current regulation; and, finally, that of the constitutional case law developed in the last three decades, on which occasion it can be deduced a complex theory developed by the constitutional court regarding the limits of the use of the institution. At the end of the paper, a series of proposed amendments are analyzed on the occasion of various attempts to revise the Romanian Constitution and an extensive set of proposals on improving the current regulation is presented. As a consequence, the present paper provides a starting point for the future use of the institution of commitment of the responsibility of the Government, but especially for the improvement of the current constitutional regulation.

Are separate opinions necessary? Writing them involves both time and resources, and the result does not influence the causes in which they were formulated. In this context, the logical question is why some national and international judges choose to formulate such opinions. We appreciate that the main reason is the potential of these opinions to contribute to the development of the future judicial practice. The aim of this study is to emphasize the importance and benefits of regulating the separate opinions in national legislation and to encourage their use. In this study we aim to analyze the purpose of the separate opinions along with the arguments for and against their regulation in national legislations. We will also analyze the difference between separate and concurring opinions, but also the different result that these opinions may have. We will also address the issue of the style in which these opinions are written and the impact it may have on future case law. A distinct part of this paper will be devoted to the analysis of separate opinions in national courts. At the same time, we will follow if there are differences between the constitutional court and the common law courts, regarding the use of these opinions. At the end of the study, we will make some proposals de lege ferenda on the need for legislative development of the field of separate and concurring opinions, development which would encourage their use and, at the same time, would limit the purpose of using these opinions to the development of the case law.

Protecția drepturilor omului1 , în esența sa, a fost la început o afacere internă a statelor și era asigurată într-un cadru național. Treptat, ea și-a făcut loc și în dreptul internațional, care a început să se intereseze de drepturile persoanelor în prima jumătate a veacului trecut, urmare a unor evenimente, cum ar fi revoluția rusă, genocidul asupra poporului armean, ascensiunea la putere a partidului nazist în Germania, ce au determinat mișcări forțate de populație. Era în firescul lucrurilor ca primele instrumente internaționale de protecție a persoanelor să se refere cu precădere la drepturile refugiaților și la drepturile minorităților. În legătură cu drepturile refugiaților, cu titlu de exemplu, relevăm: Aranjamentul privind eliberarea de certificate de identitate refugiaților ruși și armeni din 12 mai 1926; Aranjamentul relativ la statutul juridic al refugiaților ruși și armeni din 30 iunie 1928; Convenția asupra statutului internațional al refugiaților din 28 octombrie 1933; Convenția privind statutul refugiaților provenind din Germania. Cu referire la drepturile minorităților, amintim: tratatele speciale – (de)numite despre minorități – care au fost încheiate în urma Primului Război Mondial cu Polonia, Cehoslovacia, Statul Sârbo-Croato-Sloven, România și Grecia. Pe de altă parte, dispoziții în favoarea minorităților au fost inserate și în tratatele de pace încheiate cu Austria, Bulgaria, Ungaria și Turcia.

Potrivit art. 404 alin. (4) C.pr.pen., dispozitivul trebuie să mai cuprindă, după caz, cele hotărâte de instanță cu privire la: ... g) restabilirea situației anterioare; i) rezolvarea oricărei alte probleme privind justa soluționare a cauzei. Conform art. 25 alin. (3) C.pr.pen., instanța, chiar dacă nu există constituire de parte civilă, se pronunță cu privire la desființarea totală sau parțială a unui înscris sau la restabilirea situației anterioare săvârșirii infracțiunii (cu notă parțial aprobativă).

One of the most controversial institutions of Romanian criminal procedural law is the institution of exclusion of evidence. We considered it necessary to carry out this comparative law study so that law practitioners as well as any interested person could observe how this institution appeared and how it is applied in other countries and in the case law of the European Court of Human Rights.

The present study aims to present a series of case law decisions in which the role and the activity of the central bank has proved to be insufficiently considered in depth by the Romanian courts. The application thereby, as regards the National Bank of Romania, of some legal provisions addressed to commercial banks, confusing the administrative review on the acts of the central bank with the administrative jurisdiction, overlapping restraints of the constitutional frameworks in which the National Bank has activated throughout its history, inconsistencies with the vision accepted at European level regarding the attributions and independence of the central banks are widely treated in an attempt to clarify the specific position that the central bank holds in the Romanian institutional landscape. There were presented some solutions from the judicial practice that highlight the need for doctrinal clarifications regarding the nature of the activity of the central bank, including from the European perspective. The importance of knowing them is determined by the significant effects that the correct or incorrect application of the norms and principles regarding the central bank can produce not only at the level of the administrative law, but also at criminal or economic level.