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The judicial administrator will submit a monthly report containing the description of how he has performed his duties, an account of the expenses incurred with the administration of the procedure or of other expenses made from the funds existing in the debtor’s estate, as well as, if necessary, the stage of performing the inventory. The report will also mention the fee received by the judicial administrator, by specifying modality of calculation thereof. The report will be submitted to the case file and an extract shall be published in the BIP. Every 120 days, the syndic-judge will analyze and rule on the stage of continuation of the procedure, through a resolution by which he will be able to establish certain measures as duty of the judicial administrator and he will grant an administrative term of control or of trial, as the case may be. In the event that there are contentious or non-contentious applications, as well as in the hypothesis in which the syndic-judge deems it necessary, he will order the urgent summoning of the interested persons and of the judicial administrator, for the purpose of solving the applications or for ordering the necessary measures. -
The generation of public procurement directives1 adopted in 2014 supplemented the number of exclusion grounds from the contract award procedure, adding, inter alia, the hypothesis from Article 57 (4) (d): „where the contracting authority has sufficiently plausible indications to conclude2 that the economic operator has entered into agreements with other economic operators aimed at distorting competition”. The respective exclusion ground has been regulated in the public procurement directives as an optional ground, being however provided for the Member States the possibility to transpose it into national laws as a compulsory ground. This regulatory modality, which inexplicably restricts the scope of incidence only at the conclusion of agreements, although competition can be affected by other methods, and which allows different transpositions by the Member States, has led many doctrinaires to react critically to the prospect that such an important exclusion ground generate a relatively narrow and non-unitary practice at Union level.
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The article proposes a sensitive topic in the Romanian criminal procedure, namely to determine the extent to which the cases of absolute nullity are limitatively provided by the Criminal Procedure Code (Article 281 of the Criminal Procedure Code) or whether there are cases of nullity of the processual or procedural documents which, although not included in the enumeration of Article 281 of the Criminal Procedure Code, are, however, veritable cases of absolute nullity. The problem is all the more delicate since the national doctrine is situated, up to this moment, in the comfort zone in which the cases of absolute nullity are equated to those of express nullity and those of relative nullity to those of virtual nullity. I have shown, with examples from the practice, but also from the doctrine (too timid so far), that there are situations of virtual absolute nullity of the criminal processual acts not even listed in the content of Article 281 of the Criminal Procedure Code, as well as the situations in which they may become incidental.
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The need to analyze the condition of guilt in engaging the legal liability of the physician does not result only from the ECHR Judgment in Ioniță Case, which ruled that the physician’s liability itself is based on the notion of medical negligence, but especially because of its specific aspects. According to recent practice, the intensity of medical guilt in the degree of culpa levissima is able to lead to de facto exoneration from criminal liability (through a symbolic sanction) in order to focus on repairing the victim’s prejudice. The consequence of changing the vision on the medical legal liability from a punitive-criminal liability of the physician to a reparative liability facilitates the perception of the French conception of the contractual liability of the health unit. This does not remove the personal liability of the employed physician, but limits it to a psychic attitude of elusion of the system of cooperation and control of the health unit, which brings it closer to the indirect intention. Hence the need to distinguish between indirect intention and guilt with forethought (recklessness), which in its turn is different from guilt without forethought (negligence).
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The article presents the constitutional landmarks which justify the sanction of the absolute nullity of the violation of the provisions referring to the material competence and competence according to the person’s quality of the criminal investigation body and analyzes this nullity from the perspective of the processual and procedural documents that establish the sanction, which has the effect of resumption of the criminal prosecution by the competent body or the exclusion of some processual documents or probative procedures.
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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.
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The climate dispute, developed explosively in the last decade, has had a first experience also at the level of EU law through People’s Climate Case (2018) in which 10 families and a civic association have brought an action before the EU Tribunal against the European Parliament and the European Commission for the insufficiency of the objectives assumed in the matter of climate changes. It was required the cancellation of several European Union legislative texts in the clime package and a compensation for the prejudice claimed to be incurred in this context. By the Ordinance of 8 May 2019, the action was dismissed as inadmissible, as the conditions of Article 263 (4) TFEU were not met, whereas there had been challenged legislative texts which did not concern and did not affect the applicants individually. The case law thus created leads to conclusions notable for the climate justice.
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The question of whether criminal liability can be engaged only in the case of the violation of a subjective right or whether it operates also when a simple legitimate interest is violated, without being enshrined as a subjective right, has always preoccupied the doctrine of civil law. The discussions were amplified on the background of the evolution of the law of the criminal civil liability, from a law oriented towards the sanctioning of the guilty perpetrator, to an indemnity law, increasingly inclined towards the interests of the victim who suffers from the unjust harming of his subjective rights, but also of the legitimate interests, those which, without being consecrated, cannot be tolerated by the legal order. The debate has become increasingly animated, in the context of the proliferation of claims that aspire to compensation, under the pressure of unprecedented diversification of human rights and fundamental freedoms, making traditional good morals increasingly relaxed. This explains the tendency of many modern codifications to include them in the broader concept of public order, as a component thereof. Even the French, known for their refusal, sometimes expressed manifestly, to adopt modern solutions, have agreed to reform their Civil Code, through the Ordinance on the reform of the contract law of 10 February 2016, by relating contractual freedom only to public order.
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The subject of our study is, in essence, the successoral transmission, an institution present in all the works of successions and on which one might think that there are no more aspects with a relatively novelty degree. We are trying to show here, however, some of these aspects, resulting, in addition, that the whole matter of the right of inheritance, although it is a classic segment of the civil law, has, however, unexpected reserves of „freshness”, which urge to the research, which offers new perspectives of approach.
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A special category of workers is represented, pursuant to the European and national norms, by the professional maternal assistants. In accordance with Article 1 of the Government Decision No 679/2003, these are natural persons, legally certified, who ensure, through the activity they carry out at their home, the raising, care and education necessary for the harmonious development of the children they receive in placement or in their custody. Although maternal assistants carry out their activity under an individual employment contract (of a special nature), they do not benefit by all the rights in their fullness which the other workers have. Thus, they do not have the right, only restrictively and with permission, to weekly rest, days off or rest leave. This situation is justified by the superior interest of their mission, that of ensuring the raising, care and education of children, their integration without discriminations in the family of the assistants. This is the reason why the European Court of Justice (Grand Chamber) has ruled (in the Romanian Case C-147/17) that the activity of maternal assistant does not fall within the scope of Directive 2003/88.
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The procedure of registration of forgery is a procedural incident regarding the evidence by written documents, which can usually have as its object an authentic written document or a written document registered under private signature. In the case of authentic written documents, the procedure of forgery may be used when the authenticity of the findings made personally by the person who authenticated the document is contested, according to the law. In the case of the written documents under private signature, the procedure of forgery can be used when it is claimed that they have been fabricated, being admissible also in the assumption that such a document has been recognized by its author or has been verified in court, if it is proved that the recognition was the result of an actually excusable error. The investigation and establishment of forgery shall be carried out by the criminal prosecution bodies and criminal examination body or by the civil court, by incidental way, in the event that the criminal action cannot be initiated or cannot continue. The procedure of registration of forgery is applicable regardless of the nature of the forgery (material or intellectual) and false written document is also the one whose content is not real, even if there has not been committed by the operation of altering the reality. The provisions of Articles 304-308 of the Civil Procedure Code regulate the procedure applicable in the assumption of registration of forgery against a written document produced in a pending litigation, in which case the provisions of Article 315, of Article 5491 and of Article 580 of the Criminal Procedure Code must be complied with.
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Divorce requires a continuous monitoring of the quality of adults-children relationships, as well as the development of some emotional connections based on authenticity, availability, respect, safety and warmth. In order to resolve the misunderstandings between parents regarding the exercise of rights and the fulfilment of duties, the court asks the delegate of the guardianship authority to conduct a psychosocial inquiry with regard to the conditions in which a child is raised and educated and how the parents fulfil their duties towards the child. One of the objectives of the psychosocial investigation must be to monitor the dynamics of the relations between the child and the parents after the divorce, because these relations do not have a fixed trajectory, being in a continuous modification and development. In the civil procedural law we do not find a minimum set of norms that regulate the procedure of carrying out the „psychosocial investigation” and the content of the „psychosocial investigation report”, a circumstance that has generated mainly a non-unitary case law, lacking the psychological component.
