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In this study the author carries out a summary of the anti-competitive practices, of the applicable laws at the national and European level, of the investigation and control procedures. Thus, the anti-competitive practices, the different views of the American law system and the European law system are examined regarding these practices and their impact on the national and world economy, the actions taken by the supervision and control authorities for their incrimination, the applicable sanctions. -
In this study the author examines the treason offence both from the perspective of the applicable Criminal Code and of the new Criminal Code, pointing out the main similarities and differences between the two regulations. Likewise, the high treason is referred to, representing a legislative novelty introduced for ensuring the legality principle related to the provisions of the Constitution of Romania, as republished.
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The article contains an analysis of litigation on reducing military service pensions recalculated/revised by Law no. 119/2010 and by Government Emergency Ordinance no. 1/2011, in relation to those retained by the High Court of Cassation and Justice in Decision no. 29/2011, given in solving interesting appeal in law, on the application of the provisions of Law no. 29/2011. From the perspectives of the Decision no. 29/2011 the High Court of Cassation and Justice, the analysis is presented on two levels. First, targeting issues of constitutionality of the Law. 119/2010 and, second, conventional control of the law courts, in assessing the application effects in concreto of national standards, by reference to the European Convention on Human Rights.
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According to the Romanian laws in the matter, the President of Romania, the senators, the deputies, the presidents of the county councils, the mayors, the county counselors and the local counselors are elected by the people by direct vote. Instead, the vice-presidents of the county councils and the deputy mayors of the local councils shall be elected by the indirect vote of the representatives elected in the county councils and respectively, in the local councils. Examining this issue regulated in several laws successively amended and supplemented, which results in a series of confusions regarding the enforcement, the author concludes that it would be reasonable and advisable for the vice-presidents of the county councils and for the deputy mayors of the local councils to be elected by a direct vote.
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According to the previous Romanian Civil Code (1864), and to the present Civil Code, as well (Law no. 287/2009, as republished), regarding the way they are drafted, the contracts may be consensual or real, as appropriate (the contract is drafted just upon the handover of the good; only a promise of agreement is valid until that time). The author, according to a certain part of the Romanian legal doctrine, considers that from the legal point of view, the contract for the transportation of persons has a consensual nature (is concluded by the simple agreement of the parties), however the contract for the transportation of goods has a real nature (being concluded just upon the handover of the good to be transported).
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This study describes a series of aspects regarding: the form of the state, the structure of the state and the governing form, insisting upon their features and divisions, at the same time pointing out the classifications of the structures of the state (the unitary state, the composite state); respectively, the monarchy (absolute and constitutional) and the republic (presidential, semi-presidential or parliamentary).
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In this study has been underlined the most important trends and options regarding the role of state sovereignty in the contemporary world. Has been analyzed the place of the sovereignty in the process of integration and globalization. The conclusion is that even in this process, sovereignty of state continues to be an important component in the relations of states, based on cooperation and non-subordination.
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The codification is not only the expression of the political will of the legislator, but mainly a complex judicial technique of selecting and adjusting the normative content needed and adequate for a certain social, political, economic or institutional reality. As the constitution is a law, but it is rather differentiated from a law, the question to be raised shall consist in deciding what kind of legal rules it comprises. The settlement of this problem has to take into consideration the specificity of the fundamental law, but also the requirements of the codification theory. The establishment of the normative content of the constitution with all scientific rigor shall be indispensable, both for the removal of the inaccuracy as regards the determination of the differences from the law, for the stability and predictability of the basic law and last but not least for the reality and effectiveness of its supremacy. This study carries out an analysis of the techniques and requirements of selecting and adjusting the constitutional rules depending on the comparative criteria, referring to their specificity, to the practice of other states and within the historical background.
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The study approaches the issue of the recrimination of the offence of usury according to the new Romanian Criminal Code. The author examines the criminal, contravention and civil involvements of lending money on interest and emphasizes the part that the National Bank of Romania has for authorizing the persons entitled to lend money on interest.
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From the point of view of the legal content, the execution of the prison sentence under supervision represents the penultimate way as regards the difficulty of the execution regime, being more facile than the regime involving deprivation of liberty. This execution method disposed by the trial court produces immediate effects, so that the sentence imposed is not actually executed, however, during the supervision period, the person convicted must observe the supervision measures set forth by law, the obligations imposed by the court and to fully perform the civil obligations set forth in the judgment of conviction. If the person convicted does not commit any new offence and he/she complies the supervision measures and with the abovementioned obligations during the supervision period, this execution method produces final effects as the sentence imposed is deemed to be executed by operation of law. In exchange, in case the person convicted does not comply with the supervision measures set forth by law, with the obligations imposed by the court or with the civil obligations set forth in the judgment of conviction during the supervision period, the court is obliged to revoke the advantage of suspending the sentence execution under supervision and to dispose its execution by deprivation of liberty. If the person convicted commits a new offence during the supervision period, the trial court is obliged to establish the sentence for the respective offence, to revoke the suspension of the execution of the sentence under supervision and to apply the sentence according to the second offence rules or to the rules of the intermediary plurality.
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The author examines the provisions of articles 1013–1024 of the new Romanian Code of civil procedure (Law no. 134/2010, as republished on the 3rd of August 2012 and entered into force on the 1st of February 2012) in the matter of the order for payment comparing them to the previous provisions (abrogated at present) of the Government Ordinance no. 5/2001 on the payment summons and of the Government Emergency Ordinance no. 119/2007 regarding the order for payment. Finally, she appreciates in a positive manner the new regulation in the matter and recorded in the new Romanian Code of civil procedure.
