Loading...
  • In the jurisprudence of the European Court of Human Rights, the issue of a broad interpretation of the right to marriage is all the more acutely debated, while the Court is beset with applications filed by homosexual and transgender individuals to have this right recognized. In the current state of the jurisprudence of the European Court of Human Rights, the marriage of a couple in which one of the partners has resorted to a sexual Convention through gender reassignment surgery is considered legitimate (within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms), stating that this is also a case of heterosexual marriage. However, so far, the European Court of Human Rights has not considered legitimate marriages between persons of the same biological sex (gay or lesbian).
  • The existence of the law, of its validity are extremely important both for its knowledge, and for its application and compliance. By applying a general principle of law that nemo censetur ignorare legem, we consider that the publication and knowledge of law are essential conditions for not be subject to unpredictable legislative events, with all the consequences arising therefrom. To avoid such events, the law, in its broad or narrow sense, is subjected to certain rules of validity. Among them lies the determining of the moment when the law enters into force and the one the law comes in force.
  • Following the entry in force of the Civil Code (Law No.287/2009, republished) on the 1st of October 2011, which repealed the Family Code, and the accordingly amendment of the republished Law No. 119/1996 regarding the civil status acts, the author conducts an extensive analysis of the legal provisions related to the conditions of form which must be complied with for celebrating a valid marriage. This study examines the formalities provided by articles 278-292 of the Civil Code.
  • In the study hereby, the author makes a comparative analysis of regulations covering negative prescription under the current Civil Code (Law No. 287/2009, republished on July 15th, 2011 and effective since October 1st, 2011) as compared to the previous legal regulations (in particular, Decree No. 167/1958 on negative prescription). At the end of this comparative analysis, the author concludes that the relevant regulation covering negative prescription is manifestly superior under the current Civil Code, as compared to Decree No. 167/1958.
  • The paper analyzes the European legislative act establishing the conditions of compensation to victims of violent crimes committed in another Member State than that of the victims residence. The research has led to the identification of some provisions which will cause some difficulties both in practice and in enunciation of scientifically critical observations. The study is useful for theorists and practitioners and also for the European legislator. The scientific contribution of this research is given by the critical remarks and future law proposals made in order to improve the complex activity to compensate the victims of all kinds of crimes, not just of violent crimes, as required by the legislative act in question.
  • The courts can contribute, within their competencies, to ensure supremacy of the Constitution; this also involves the ability to directly implement some of the constitutional regulations. In the context of the complex process of human rights internationalization, certain analysis and solutions concerning the relationship between the international and domestic human rights regulations and hence interpretations of the provisions covered by the Constitution on this issue appear more frequently within the case law. In this study the author analyzes the role of national judges in applying the (European) Convention for the Protection of Human Rights and Fundamental Freedoms under the legitimacy which is conferred upon them by the provisions of Art. 20 of the Constitution, republished; this analysis is based on case law matters on criminal appeal, governed by Art. 141 paragraph 1 of the Code of Criminal Procedure.
  • The success of the states global fight against illicit drug trafficking requires effective international cooperation in the judicial sphere. Controlled drug delivery method involves cooperation of several countries to identify, to land and hold liable in criminal terms the drug traffickers who carry out criminal activity or part of this activity in several states. Throughout the article, the author makes a critical examination of national legislation and judicial practice in the field of controlled drug delivery institution.
  • In this study, the author examines the possibility of enforcing precautionary measures on the assets of third parties for the offense of money laundering; the analysis is carried out from the point of view of the doctrine, comparative law and the case law of the courts and the European Court of Human Rights. Alpha Having regard to the specificity of this offense and the special provisions in the field, the author considers that the goods of third parties, persons not subject to criminal prosecution or trial, must be frozen for special forfeiture.
  • In this study the author analyzes the requirements for the admissibility of provisional release under judicial control and provisional release on bail from the point of view of the Code of Criminal Procedure in force and the new Code of Criminal Procedure, the internal doctrine and the (European) Convention for the Protection of Human Rights and Fundamental Freedoms and the Supreme Court’s case law and practice of the European Court of Human Rights. The general conditions for ordering judicial control and judicial control on bail are also presented - preventive measures stipulated in the new Code of Criminal Procedure, which no longer provides for the institution of provisional release.
  • The tax return is generally regulated in the Fiscal Procedure Code, being the fundamental part for establishing tax liability. Both procedural matters and the capacity as a taxation decision assimilated act or a taxation base related act, as appropriate, gives it a distinct legal status, pointed out in this paper.
  • Administrative jurisdiction on public procurement is carried out by the National Council for Solving Complaints and finalized with the pronouncement of certain administrative and judicial acts, called decisions. These can be attacked by complaint to the courts of appeal, whose decisions are final. The 2010 amendment to the Government Emergency Ordinance no. 34/2006 on awarding public procurement contracts, public works and services concession contracts introduced the obligation of those who make complaints to pay legal fee in an amount which even now raises some questions. Alpha The practice of all courts of appeal in the country is to accept to charge the complaints with either 4 lei or 2 lei. Constanþa Court of Appeal chose to break away from this unwavering practice of the courts of appeal which it itself promoted until recently and to require claimants to pay a value charge according to the amounts provided for in Art. 28717 paragraph 1 of the Ordinance, namely between 0,01 lei and 1,100 lei, and not fixed amounts of 4 and 2 lei. This study enounces the two different solutions found in courts of appeal case law and the arguments that they are based on, whilst the author tries to generate thoughts on the issue of charging the complaints not only to those involved in the judicial process of settlement of the latter and the litigants, but also to the legislative body, with an eye to prompt and definitive clarification thereof.
  • Analyzing the jurisprudence of the past three decades whereas tort law is concerned, one can easily find some gray areas, where the doctrinal principles developed so far seem to have fallen behind the realities of our modern society. Such a gray area is being analyzed by the author of this study, and it is attributed by modern doctrine to the jurisprudence applying the precautionary principle. Developed in the area of international public law, adapted to private law, and embraced by modern doctrine, the precautionary principle is a prominent figure in European legislation, as well as in our national laws, and lately also in court decisions.
Folosim fisierele tip cookie-uri pentru a va oferi cea mai buna experienta de utilizare a website-ului. Navigand in continuare ori ramanand doar pe aceasta pagina va exprimati acordul asupra folosirii cookie-urilor. Daca doriti sa renuntati la acestea, va rugam sa consultati Politica de Utilizare a Cookie-urilor. Anumite parti ale website-ului nu vor mai functiona corect daca stergeti toate cookie-urile. Citește mai mult... Ok