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The aim of the present paper is to cover the main aspects regarding the legal treatment of classified information in the Romanian criminal legislation by presenting, from a critical standpoint, the current regulation of the access to classified information in the course of the criminal proceedings, with a special focus on the lawyer’s access to such information, as well as by providing an overview of the substantial criminal provisions protecting classified information. With respect to the procedural standards, the underlying idea emerging from the detailed analysis of the legislation in force is that currently there is an unjustified difference in treatment within the criminal proceedings regarding lawyers, on the one hand, and magistrates, on the other hand, the former category being prevented from benefiting from an unhindered access to classified information, which directly affects the rights of the defence. As far as the criminal protection of classified information is concerned, the Romanian criminal code incriminates a variety of acts that imply the illicit disclosure of classified information, pertaining to either state or professional secrecy, and are prejudicial to the national security, the state defence as well as some public or private entities, as the case may be. -
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Thanks to his social status, his activity, the social relationships he develops, interest in technology, etc., the child has acquired a certain legitimacy to be able to make recommendations on the purchase of a good or service. Of course, professionals are aware of the reverse socialization that takes place within family relationships and have begun to develop products that are intended for children or that, through children, can reach the bosom of families, although those do not concern children. The purpose of this study is to prove that any child is a vulnerable consumer, although he has at his disposal countless methods of information. The child is not capable of complex cognitive functions. Being a consumer means not only acquiring skills and technical routines, but also an awareness of real needs and values, something that can only happen with the development of each individual. The vulnerability that is specific to the child is a matter of social status of the skills and resources that protect each individual and carry extrinsic and partially intrinsic aspects. By analysing the European and national legal frameworks on consumer protection, I have tried to identify a clear definition of the vulnerable consumer, as well as what the concept of „vulnerable consumer” is based on. -
The intangible cultural heritage is a crucial factor in shaping the personality and identity of a human being. At the beginning of the 21st Century, faced with the deepening globalization, commercialization, consumerism, technological progress and urbanization, it is necessary to take, without unjustified delays and considering future circumstances, actions for the protection of the intangible cultural heritage. This study presents the genesis, the legal regulations and mechanisms that were developed under the aegis of the United Nations Educational, Scientific and Cultural Organization. The measures taken by UNESCO1 and by the individual states to reach the set targets should follow the spirit of tolerance, empathy, cultural plurality and respect for human rights. -
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In this article there have been examined comparatively the provisions of the law in force and those of the previous law, by emphasizing the elements of similarity and of distinction between the two regulations. Likewise, the author has critically examined the provisions of Article 336 (1) of the Criminal Code, also making in this regard de lege ferenda proposals designed to determine the amendment of the current provisions. The de lege ferenda proposal aims to the legislator's abandonment of the provision according to which the moment of consummation of the offence is identified with moment of taking the biological samples, motivated by the fundamental difference existing between the two moments, especially with regard to the criminal liability. The paper can be useful to the legislator, in the light of the suggested amendments, to the practitioners, as well as to all those who show concerns in this field. -
The archaeological sites – material forms of our past – are a finite and non-renewable resource of knowledge of our history, in a constant state of vulnerability to external factors that can lead to their irretrievable loss. Among these factors, the most destructive one that can be distinguished is the phenomenon of archaeological poaching as a source of supply to the national and international art markets. The illegal trafficking of cultural goods, often also involving activities of laundering of money or even of terrorism, is a widespread phenomenon worldwide. In order to fight it, the real protection offered to archaeological sites and museums, as well as ensuring the effectiveness of the instruments of international cooperation are the most effective means for defending the national cultural heritage. -
Savantul meu coleg D. Dimitrie Alexandresco, într’un studiu asupra art. 951 și 1157 Codul civil, studiu apărut în ziarul Dreptul Nr. 25, face istoricul protecțiunei minorilor la Romani, istoric care este de sigur incomplet, dacă nu și inexact în câte-va puncte esențiale. Pentru ca să urmez întrucât-va pe eminentul meu coleg, nu mă voi ocupa cu protecțiunea copilului nenăscut, care de la o epocă determinată a început a fi protegiat, lucru care a dat naștere maximei cunoscute: „infans conceptus pro nato habetur quoties de ejus commodis agitur”, maximă cu atâtea aplicațiuni în dreptul modern, ci voi trata numai despre mijloacele de protecțiune organisate de dreptul roman pentru minor, luându-l de la naștere și până la vârsta de 25 ani. -
The principle of the fairness of the administration of evidence represents the rule that prohibits the use of any strategy or maneuver which has as its object the administration of a piece of evidence in bad faith or which has the effect of provoking an offence to obtain a piece of evidence, if by these means the dignity of the person, his or her rights to a fair trial or privacy or professional secrecy are infringed. The object of the present study is only the examination of the last of the aspects of the principle of loyalty, as it is regulated by the Criminal Procedure Code, respectively „the entrapment to commit a crime”. We do not intend to make a detailed presentation of the jurisprudence of the European Court in this matter, but only to point out the general principles that should underlie the analysis to be carried out by the judiciary and to exemplify some solutions in judicial practice. Finally, we will try to draw attention to the delimitation between „entrapment to commit a crime” and „entrapment to evidence” and to establish exactly what is the procedural framework in which these aspects can be invoked. -
Part of EU law – both primary and especially secondary – waste problem is a complex multi-faceted one in its aspects. Since the first programs of action on the environment (EAP) – the first (1973–1977), the second (1977–1983) – to the last, the seventh such program (2013–2020) entitled A better environment for a better life, the challenge of waste is dealt with either issue on its own, or as part of wider objectives. Whatever the approach, solving subordinates to old or new principles of environmental law as formulated in the first EAP and then developed in other programs of action. These are: prevention is better than cure; EIA should be considered at an early stage of decision making; exploitation of nature by means of causing significant damage to the ecological balance should be avoided; scientific knowledge must be improved to allow for appropriate action; „polluter pays” principle, the polluter should bear the cost of prevention and environmental restoration after damage thereto; activities of a Member State shall not cause damage to the environment of other States.
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The 150th anniversary from the issue of „Dreptul” magazine, edited by Societatea Juridică (1871), the first representative publication, with a „programme” in the matter, represents the occasion to review the evolution of the juridical literature as vector of the science and culture of law in Romania, to capture its current state and to prefigure the perspectives of development. The juridical press has emerged and developed in our country as a tool for promoting knowledge of law, through the dissemination of the case law, the affirmation of the doctrine and of the dialogue of ideas. After an initial period marked by the spirit of imitation related to the massive legislative import that characterized the establishment of the foundations of the Romanian juridical modernity after 1859, the interwar juridical unification (judicial, constitutional-legislative, at the level of the regime of juridical professions and of the juridical higher education) favoured the transition to its own literature in the field and a national juridical culture with strong original and identity accents. Marked by a certain eclipse and by a perspective „planned” between 1949–1989, it experienced a strong recovery after 1990 by resuming its issue in new editions, along with Dreptul, and of the other two landmarks genre: Curierul Judiciar (founded in 1892) and Pandectele Române (since 1921) and the issue of new ones, currently facing the low tide and the unexpected challenges of the accelerated digitalization and neoliberal globalization.
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This study examines – critically – the Romanian legal regulations regarding the termination of the term of office for a “local elected official”, which refers to: local advisors, county advisors, presidents and vice-presidents of county councils, the general mayor of the city of Bucharest, deputy mayors and the village delegate, who is also assimilated to local elected officials. Difficulties arise from the fact that the termination – upon expiry or prior to expiry – of the term of office for “local elected officials” in Romania is regulated, at present, directly or indirectly, by four laws, namely: Law no. 393/2004 on the status of local elected officials; Law no. 215/2001 (republished on 20 February 2007) on the local public administration; Law no. 161/2003 on ensuring transparency in carrying out public dignities, public functions and in the business environment, the prevention and sanctioning of corruption and in Law no. 144/ 2007 on the setting up, organizing and functioning of the National Integrity Agency. In order to avoid any difficulties generated by such a legislative system, the unification of regulations in this field is proposed (as well as some amendments to the laws) exclusively in the content of Law no. 393/2009 on the status of local elected officials.
