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The present paper makes a critical analysis of the legal norms regarding the validity of the mandates of the local elected counselors’, putting into evidence the way in which a procedure, that must be by excellence a juridical one, was changed into an instrument for the achievement of the political interests of some election competitors. The study demonstrates that the self – assessment procedure of the departmental counselors’ mandates and of the local ones, introduced by modifying the law of the local public administration authorities’ election, within several days before the general election in June 2008, is contrary to the constitutional principles and of the rules that must govern a state of law. The author does not make only simple critical remarks, but he also presents solutions for entering into legality, by settling validation competences of t6he departmental and local counselors, by the courts, according to the procedure applied to the other local elected persons. -
The Civil Procedure Code entered into force on 15 February 2013, when neither the fax nor the e-mail were unknown anymore in the field of communication. However, the procedural provisions have proven to be tributary to some classical origins, even obsolete in some cases. The interventions of the High Court of Cassation and Justice, of the Constitutional Court, in the matter of law analyzed by the authors in this article, did not have the role of modernizing nor of improving the efficiency of the act of justice. The given interpretations have taken into account the letter of the law and not its spirit, probably starting from the strict application of the procedural provisions. Without disregarding these principles, the authors criticize in an argumented manner the solution pronounced by the Decision No 34/2017 of the High Court of Cassation and Justice, the Panel for the settlement of some legal issues, ruling in the sense of qualifying the procedural act sent by e-mail or fax, after the court’s work schedule, but until 24.00 of the last day of the procedural term, as being done in due time.
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This paper presents the meaning of the term „assets” in Article 535 of the Civil Code and, at the same time, highlights its incorrect use in some of the other texts of the Civil Code and other statutory instruments, in disagreement with the new terminological option. Likewise, it raises a discussion on the lack, within the Civil Code, of a minimum of general rules dedicated to „common assets”, irrespective of their nature, quality of holders and source of community. Finally, following the presentation of negative consequences of the reported shortcomings, some legal remedies are proposed. -
By critically analyzing the foundation of the civil contract, in light of the provisions of the current Romanian Civil Code, in relation to the modern Western European legal doctrine, and by insisting on some obsolete and/or contradictory legal regulations of the new Romanian Civil Code, the author of this study, on the one hand, considers that the principle pacta sunt servanda has presently become a myth, that we are witnessing the constant decline of the autonomy of will in matters of civil contracts and, at the same time, a series of new developments as regards the limits of the contractual freedom, the legal regulation of unpredictability in the new Romanian Civil Code (Article 1271) being relevant in this respect. Finally, the author believes that the current Romanian Civil Code (of 2009) contains a number of inconsistencies and contradictory regulations under the mentioned aspects, for which reason he proposes, in conclusion, the recast of the Code as soon as possible, taking into account the numerous failures thereof. -
This article presents the provisions of the new Civil Procedure Code whose entry into force has been postponed again, by a recent normative act. These provisions refer to: the investigation of the trial, the preliminary procedure before the appeal and recourse court, the judgments which can not be challenged by recourse and the composition of the panel of judges for pronouncing a preliminary judgment by the Supreme Court. In a criticizable manner, in the author’s opinion, the legislator has prorogued the entry into force of these provisions, initially for 1 January 2016, and then for 1 January 2017. The conclusion of the study is that the legislator should have allocated material and human resources necessary in order to create all the conditions for a full entry into force of the new Civil Procedure Code from the beginning (15 February 2013), not a partial one, being required successively (for the texts not entered into force ab initio) two postponements (1 January 2016 and then 1 January 2017). -
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The safety measure of extended confiscation was introduced by the Law No 63/2012 and is a transposition into the national legislation of the provisions of Article 3 of the Framework Decision 2005/212/JHA on Confiscation of Crime-Related Proceeds, Instrumentalities and Property. The study below has as purpose to analyse the provisions of this measure, provided in Article 1121 within the general part of the Criminal Code. -
This study presents a possible legislative incoherence, generated by the current form of Article 130 (3) of the Civil Procedure Code, concerning the invocation of the lack of competence of private order of the courts, which may lead to the situation of an incompetent court hearing a request, an abnormal situation in the conduct of a civil legal procedure.
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The new Criminal Code, adopted by Law no. 286/2009, sanctions the fact of the clerk who claims or gets sexual favors, in order to accomplish an action in compliance with his job duties, or opposed to them, or standing on or taking advantage of his authority or superiority over the victim, arising from the title he holds. -
This article presents one of the issues of administrative law, namely its codification, by using the comparative study and the diagnosis analysis. Based on the inventory of the essential elements of the preliminary theses the conditions of the subsequent evolution of the Administrative Code in Romania are identified. The study emphasises the necessity to correct the existing normative framework and the thorough analysis of the social necessities. At the same time, the article draws attention to the necessity to adopt the Administrative Procedure Code with major role in the simplification and stability of the legal relations of the public administration with the other social protagonists. The diversity of meanings on the administrative codification from other states reflects the place and role of the Administrative Code in the Legislative Repertoire, but also its corroboration with the sectoral codes. The article points out, by recommendations, the normative requirements regarding the proper functioning of the public administration and draws attention to some measures that can be implemented within the limits of the current legal framework. -
The study focuses on the analysis of the norms that regulate the subjects and the object of the protection of the topographies of the semiconductor products from the perspective of the Law no. 16/1995 with the further modifications and of the respective regulations from the Civil Code (Law no. 287/2009). The author reveals some aspects that were incoherently or ambiguously regulated as regards the approached topic and highlights the absence from the content of the special law (Law no. 16/1995) of some provisions misplaced in the Norms of application of this law. At the same time, in order to avoid the confusions in the analyzed case, the author formulates de lege ferenda proposals, in the view of eliminating the identified legislative imperfections. -
Today the philosophy of law can not be conceived outside the genesis, evolutions, paradigmatic hypostases, connections with the science, the knowledge and the world, of the fundamental conceptual couple philosophy – right. In the contemporary world we are witnessing spectacular changes of paradigm, of models, from the mechanical understanding of the legal order – specific to the modern period – to law as a complexity of high organization, open to others, to totality and to meaning. This means, among other things, the inherence of the philosophical dimension of the law. Therefore, the philosophy of law shall be established as a polycentric, integrative concept connecting together the durable classic axle, namely philosophy (expressed through excellence by its exemplary paradigms) – law (also expressed by its representative paradigms), to the contemporary network of knowledge, to the global society and to the contemporary man, in a specific, critical, open manner, always evolving.
