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Starting from the situations encountered in the judicial practice, in the disputes regarding the right of the employees to the classification of their workplaces into outstanding or special conditions, and given the particularities of this fundamental right of health and safety at work, with a special view on the practical consequences which the recently pronounced decisions of the supreme court will have, decisions which have established that the employees do no longer have available the option of the action for establishing the classification of workplaces into outstanding or special conditions in contradiction with the employer, this article analyses the respect for the employees’ right of access to justice, to non-discriminatory treatment and to receive their benefits consisting of social insurance rights. -
In agreement with the given title, we dedicate this study to some discussions about various legal aspects of the contract of assignment of the patrimonial copyrights in the regulation of the Law No 8/1996 on copyrights and neighbouring rights. We have in view, especially, the legal nature, the legal characters, the definition, the object, the revision and the cancellation of the assignment contract. We believe that such an approach is useful, since the Law No 8/1996, being adopted under the influence of the „previous Romanian Civil Code”, is outdated, in some respects, by the normative solutions provided by the „present Romanian Civil Code”. In fact, this is the main reason that „enhances” non-unitary or questionable doctrinaire solutions in the matter.
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The article presents the nullities in the Criminal Procedure Code and supports the necessity to regulate the virtual nullities through a common provision, allowing the appeal court to cancel the sentence of the court of first instance and to send the case back for re-examination to the court whose judgment has been cancelled, when the challenged sentence is annulled and the court examining the merits is required to give another sentence.
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This study deals with the delicate problems of infringement of the provisions of the Constitution of Romania by the norms of the Criminal Procedure Code governing the legal regime of the action in cassation, an extraordinary means of appeal. The author of the study notes that the analyzed norms are not in agreement with the principles written in the Basic Law, invoking in support thereof, for identity of reason, the grounds of the Decision No 485 of 23 June 2015 of the constitutional contentious court.
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The new normative framework established in matters of public procurement, of sectoral procurement and of concessions, was required in considering the necessity to transpose the three European directives of 2014 into our domestic law. In addition to the three normative acts, it has been adopted a special normative act that regulates the remedies and the means of appeal in the matter of the procedure of award of the public procurement contracts, of the sectoral contracts and of the works concession and services concession contracts. In the ambience of the new normative framework thus established, this study intends to make a detailed analysis concerning the settlement by administrativejurisdictional means of the disputes derived from the procedure of award of these contracts, as well as the means of appeal that may be exercised against the decision of the body vested with administrative-jurisdictional powers.
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Curtea de Apel Cluj a dispus respingerea apelului inculpatului prin care acesta a solicitat achitarea pentru infracțiunea de vătămare corporală gravă în varianta alternativă a producerii consecinței de punere în primejdie a vieții persoanei, prevăzută în art. 182 alin. 2 din Codul penal anterior, dispunând, totodată, obligarea apelantului la plata sumei de 500 lei reprezentând cheltuieli judiciare în favoarea statului (cu notă critică). -
This article tries to bring into discussion the topic of naval laws throughout the last decades and, especially, the issue of safety on ship. Naval ship safety assurance is the process that provides confidence and it refers to the well-functioning of the ship, personnel, third parties and property. The most important aspect of this topic includes the Law from February 1907, followed by the Decrees No 40/1950 and No 443/1972 and the Law No 191/2003. In this article, the author has chosen to give a brief description of the naval legislation that is respected in our country and to analyze the differences between it and the international norms regarding the same aspect.
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In this paper the author has proceeded to a brief examination of the European normative act adopted in March 2016, which regulates the presumption of innocence and the right to be present at the trial within the criminal procedures, both rights being circumscribed to the right to a fair trial provided in Article 6 of the European Convention on Human Rights and Fundamental Freedoms. The study also makes a comparative examination which has in view how these rights of the suspect or of the accused are protected in the Romanian law, also expressing some critical opinions as concerns the European normative act. The elements of novelty consist in the examination made, as well as in the comparative analysis and the critical opinions expressed.
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This study includes an analysis of the provisions of the new Criminal Procedure Code referring to the warrant for technical supervision when it concerns the financial transactions of a person in relation to the provisions of Article 153 on obtaining data concerning the financial situation, the utility and appropriateness of using the two institutions, as well as the comparative analysis in relation to the old regulations. The author also presents critical aspects with regard to these institutions, having in view the different interpretations given in the judicial practice, as well as de lege ferenda proposals. The study refers only to the data concerning the financial transactions of a natural or legal person related to a bank account and the subsequent operations.
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The paper analyzes the institution of suspension of the enforcement of administrative acts pursuant to Article 14 of the Law on administrative disputes No 554/2004, as amended and supplemented, from the perspective of the solutions delivered in the recent years by courts of different ranks of jurisdiction, taking into account that the serious doubt on the legality of the administrative act must be distinguished easily after a brief investigation of the appearance of the right, because, within the procedure for suspending the enforcement, by which there can only be ordered provisional measures, the prejudgment of the merits of the case is not allowed.
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To say that man is the supreme value of a democratic society and of the state of law is a partly true statement. This is because it is known that, in the long period in which the principles of the constitutional democracy and of the state of law have been affirmed in the social practice, no human society succeeded in fully providing the individual with the full extent of its political, social, economic, cultural or religious value. Even in the states considered, without reservations, to be democratic there have been and still are threats to the physical and mental integrity of the individual from some state authorities and even indifference for the individual’s life. In fact, this actually explains that the constitutional utterances according to which „the right to life is guaranteed”, „the dignity and the personality of the individual are supreme values”. The existence of a rule of law and, more so, of a rule of constitutional rank, which affirms and enshrines in normative models the importance of man as supreme value of a socio-political community, proves that the compliance with this value still remains a standard, a requirement imposed on everybody as model of social behaviour.
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The author advocates for expanding the admissibility of the special contestation for annulment and for eliminating the errors of judgment, i.e. for the non-compliance with the legal provisions and the incorrect assessment of the factual situations (illegality and groundlessness of the judgments challenged). In order to support this opinion, the author resorts to the grammatical interpretation of the phrase „material error”, invokes the ECHR case law and the comparative law. He also proposes, in addition, the reintroduction of the action for annulment (in cassation), which has as object to correct the errors of judgment and which will have an essential role in unifying the judicial practice.
