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Some constitutional precepts may arise through case law path and, depending on their importance as real or formal sources for the constitutional law, there may be included in the constitutional base, as prof. I. Deleanu noticed. It is similar case for the constitutional category formed by the democratic traditions of the Romanian people. The present study aims the application of the historical interpretation method in the Romanian Constitutional Court case law, that produced two main effects. A first well-known effect of this type of constitutional case law is the adoption process of the Romanian democratic traditions in the Romanian Constitution. The application of the retrodiction in the Romanian Constitutional Court case law, as specific practice of the historical method, produces a second type of effect on the interdisciplinary category represented by the democratic traditions of the Romanian people, that, by nominating the legal or political documents that are representative for the political history of our country, may lead to the detection of the founding document for the Romanian constitutionalism. In the next place, the study aims to answer the question referring to the public law document belonging to the national political history, whereat the constitutional resort will insist in the process of building a new constitutional precept, that involves the reconnection of the constitutional tradition to an originated democratic and national stream, guiding also the sense of its foundation through the praetorian anchoring to the oldest document that typologically corresponds. -
The study deals with the particularities of the human medically assisted reproduction in the cross-border private relationships. Among the artificial procreation techniques, surrogate motherhood is of present interest, as a result of the multiplication of the requests for recognition, on the territory of the forum, of the foreign judgments which establish the filiation of the child born abroad. The implications of private international law are tangential to the qualification, to the conflicts of laws in time and space and to the effectiveness of the foreign judgments. The heterogeneity of the national regulations is the main factor creating non-unitary case laws and different practices – some of them, questionable. The context of the analysis does not allow the dissociation of the artificial procreation from the higher interest of the child, so that any de lege lata or de lege ferenda solutions must be examined through the filter of this fundamental principle.
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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.
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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.
