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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. -
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.
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The article approaches the issue of the criminal prosecution bodies’ decision on the documents or procedural measures taken while conducting the criminal prosecution. The author examines which of the criminal prosecution bodies – the prosecutor or the criminal investigation body – is entitled to rule on the acts or procedural measures and by which of the procedural acts is ruling; the author also expresses his opinion on the penalty for failure to comply with article 286 of the new Code of Criminal Procedure.
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Fiducia is a legal institution brought into the Romanian national legislation by the entry into force of the New Civil Code. Introducing the institution of fiducia in the national law is the result of adapting national legislation to the new today’s legal and economic realities. The new Civil Code includes regulations applicable to fiducia with / without extraneity element. Regulation of this new institution has theoretical and practical significance as the procedure is a way of protection from creditors. Applying these regulations to particular factual situations requires knowledge and analysis of specific elements of fiducia.
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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, the author conducts an extensive analysis of the legal provisions related to the nullity of a marriage, including the causes of nullity, legal regime, nullity consequences between the spouses and between spouses and their children, the competent court and the nullity resolution. This study examines the legal provisions of articles 293-306 of the Civil Code.
