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The present paper aims to advance a number of shortcomings of current views on the Criminal Law’s Special Part and to argue in favor of a new concept, prescriptive and integrating, more appropriate to highlight both connections between the two parts of criminal law and between the said law and other fields of law, and the true object of study of law, namely legal judgments (or “value judgments”) -
This study examines the twinning of the rules and principles of the European Union law (Directive 1999/70 EC of 28 June 1999 enforcing the framework Agreement concluded on 18 March 1999 between the European social partners as regards work for a limited period of time) together with the national laws of certain European states (France, Germany, Romania) in the field of individual employment agreements concluded for a limited period of time. -
In this study, the author makes a relatively exhaustive analysis of the provisions of Articles 1221 to 1224 of the new Romanian Civil Code (Law no. 287/2009, republished on July 15, 2011 and effective since October 1st 2011) stressing the differences - substantive - between regulations on damage (as vice of consent) in the present Civil Code and in the previous Civil Code (of 1864). -
The legal liability is one of the main issues regarding the responsibility in administrative law. Therefore, the legal liability is able to exercise influence upon our society to some extent only by identifying the person responsible for ignoring the social values protected by law, in order to establish his/her liability. Let us stress upon the fact that the effectiveness of legal liability may determine, to a greater or a smaller extent, the establishment, re-establishment and even the survival of the rule of law. The society is more likely to take into consideration the legal liability, referring to the social and political background of these days, as well, if the liability is being applied to the civil servant or to an agent of public power, meaning a person who exercises a public function. What about the situation in which the person who is going to be held responsible for breaking the law and, therefore, being held liable for this fact is, directly or indirectly, even the creator of the law, being at the same time both part of the dominant fund and to the serviced/controlled fund? Does the above-mentioned situation supposes an antagonism in declaring responsible precisely the one who created the notion and, therefore, the premise of responsibility or, on the contrary, the antagonism would be precisely the irresponsibility of the entitled one, also, to create the right and to apply it, thus ensuring the protection of values, which establishes the base of its very existence?
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As of November 1999 to May 2011 the issue of strike was legally regulated by Law no. 168/1999 on the settlement of labor disputes, and in May 2011 by Law no. 62/2011 on social dialogue (which expressly abolished the provisions of the Law no. 168/1999 on strike). In this study, the author examines the new regulation on strike, highlighting both the provisions preserved from the previous law (no. 168/1999) and the new elements brought by Law no. 62/2011, highlighting, as the case may be, the positive or the negative aspects of Law. 62/2011. -
The paper presents some of the most important aspects of the individual employment contract nullity as it is set up by the regulations which are derogatory from the common law provided for in the employment law. In addition, it aims to highlight the extent to which the new regulation nullity in the current Civil Code (entered into force on October 1, 2011) would also apply to the individual employment contract, based on the rule that the provisions of the Labor Code is completed with the civil Code. The analysis performed is intended to lead to conclusions concerning the civil law rules relating to nullity, which, as they are not inconsistent with the specific employment relationship, shall also apply to the individual employment contract. -
Intellectual work originality is the essence of copyright. But in fact, the level of assessment for the condition of originality – in consideration of granting protection – is a sensitive, fluid, controversial, and interpretable issue, etc. In the light of international and Romanian copyright legislation, this study aims to clarify a number of difficult issues, controversies regarding the literary work’s originality.
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This study examines the following issues: the legal nature of the survivor’s pension, the possibility of obtaining the survivor’s pension by a person, if his legal provider was also the holder of a survivor’s pension, how to calculate the survivor’s pension in case it is established, having as legal reference another survivor’s pension, the possibility of applying the correction index when establishing the amount of the survivor’s pension. The beginning of a relatively detailed legal analysis, in connection with these aspects presents a relevant degree of novelty for the Romanian legal literature, as neither the doctrine, nor the case law paid due attention to these problems, of indisputable theoretical interest and real practical utility.
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The amendment of the fundamental law of a State is an extremely complex political and legal act with major meanings and implications in the political and State social system, but also for each individual. This is the reason why such a process should be well justified, respond to well-traced political and legal social needs and particularly meet the principles and rules specific to a democratic constitutional and State system, by ensuring the stability and functionality that this system needs. This study reviews the need for such a constitutional reform in Romania, as well as certain provisions of the Presidential Commission’s Report analyzing the political and constitutional regime in our country. The study also words opinions about the justification of certain new constitutional regulations. Against this background, it is believed that there are arguments in favor of maintaining the bicameral parliamentary system, and a potential revision of the Fundamental Law should take into consideration the measures necessary to guarantee the political and constitutional institutions specific to the rule of law and to avoid the ultra vires exercise of the State authorities’ duties. According to the author of the study, the scope of the Constitutional Court’s duties should be extended. -
The current Civil Code advances a detailed regulation of the reparation of damage in case of tort liability, the most important matter of this institution. Being of deep impact in practice, the need for clarity of the new legal provisions is greater than in any other area of regulation. The study proposes their text analysis, emphasizing some shortcomings of the legal terminology used, of the systematization of the matter, but there are reported, in particular, some questionable solutions contrary to the European trends in matters of tort liability. -
The current modality of regulating the institution of suspension can raise two categories of problems: on the one hand, problems of systematization of the matter, problems of qualification of the various cases of suspension as being of law, on the initiative of the employee, on the initiative of the employer or by the parties’ agreement, problems of drafting of suspension assumptions and problems of drafting of the regulation. On the other hand, the current regulation also creates difficulties of substance, which can lead to confusions and inconsistencies. Based on the consideration of the legislator’s option to group the different causes for suspension within the same chapter – otherwise a meritorious option –, this paper intends, however, to draft de lege ferenda proposals for the improvement of the regulation, both on the substance and in terms of form of the regulation. -
This approach is meant to carry out a brief examination of the control which the judge is required to perform on the acts of disposition of the parties in the civil trial. It refers to the main sides of availability and, especially, to the presentness and imperativeness of such a control. In this context, the author notes that the new Civil Procedure Code has not abdicated from the active role of the judge, this being far from the peak of its „glory”. Likewise, the author analyzes the procedural ways of invalidation of the acts of disposition, first noting the incidental legislative regulation both with regard to the transaction and to the judgment that confirms the agreement of the party. It is noted that, from a normative point of view, the party does not have an option right between the exercise of the action for annulment and the means of recourse against the judicial transaction. At the end of the study, the author analyzes some aspects of the recourse which can be exercised against the acts of divestment and acquiescence to the claims of the applicant.
