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In this study, the authors present a commentary of Article 145 of the Constitution, referring to the independence and the irremovability of the judges of the Constitutional Court. It is presented, in detail, the normative will of the Constituent Assembly on the status of the constitutional judges, the content of their independence and the irremovability which was conferred to them by the constitutional text. The judges of the Constitutional Court have at their disposal a legal framework, of constitutional rank, which guarantees their independence and irremovability and which, at the same time, imposes restrictions of professional nature. Within the same study, the authors also present the problems of the disciplinary and criminal liability of the constitutional judges, as well as the legal regime of immunity which they enjoy, according to the Law No 47/1992 on the organization and functioning of the Constitutional Court. -
The article analyzes the cassation recourse, which is an extraordinary judicial remedy in the criminal trial, a reformative and devolutive judicial remedy, in principle a non-suspensive of enforcement and extensive judicial remedy. The purpose of the cassation recourse is to ensure a uniform practice at the level of the entire country. In order to achieve this purpose, the legislator has expressly provided the reasons for which a cassation recourse may be promoted, the jurisdiction for settlement, the subjects for which the possibility to exercise the judicial remedy is recognized and the solutions which the court can pronounce. The usefulness of the cassation recourse is fully emphasized, given the fact that the recourse would no longer exist within the Romanian criminal procedure system subsequently to the entry into force of the new Criminal Procedure Code.
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It is of interest both from theoretical perspective and mostly from practical perspective to raise for discussion and, furthermore, to propose some solutions for some controversial issues related to succession law, as well as to settle a conflict of laws in time. Therefore, in this paper there are emphasized some of the facets which the temporal conflict of laws can take, in the matter of inheritances, and there are expressed some points of view, which could be of interest to the practitioners, determining them to reflect on this topic.
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In this study, the author examines the problems of regulating the violations of private life by Article 74 of the current Romanian Civil Code (the Law No 287/2009, republished), in light of the relevant case-law of the European Court of Human Rights and of the Romanian courts, coming to the conclusion that the mentioned legal text judiciously summarizes the indicated case-law.
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Competența teritorială de soluționare a acțiunii având ca obiect constatarea valabilității unei convenții încheiate cu privire la un imobil și pronunțarea unei hotărâri care să țină loc de act autentic [fiind vorba deci despre o acțiune personală imobiliară, prin care reclamantul tinde la valorificarea unui drept personal, respectiv dreptul de creanță corelativ obligației de a face, urmare antecontractului încheiat cu privire la acel imobil] nu se stabilește potrivit art. 117 C.pr.civ., aplicabil exclusiv acțiunilor reale imobiliare, ci potrivit dispozițiilor de drept comun ale art. 107 C.pr.civ., conform cărora cererea se face la instanța domiciliului pârâtului. Însă, întrucât aceste norme sunt de competență relativă, nesocotirea lor poate fi invocată pe calea excepției de necompetență numai de către pârât și numai până la prima zi de înfățișare, în caz contrar instanța sesizată rămânând competentă să judece litigiul, ca urmare a decăderii pârâtului din dreptul de a invoca o excepție relativă, excepție pe care instanța nu are dreptul să o invoce din oficiu. (Înalta Curte de Casație și Justiție, Secția I civilă, Decizia nr. 842 de la 13 martie 2014) -
Regulile de concurență prevăzute de Tratatul privind funcționarea Uniunii Europene2 au menirea de a proteja relațiile comerciale și piața internă. Întrebarea la care răspunde studiul de față este: cine este destinatarul normelor concurențiale la nivelul Uniunii Europene? Răspunsul, deși aparent este unul foarte scurt și se referă la întreprindere (și asociațiile de întreprinderi), totuși ascunde o doctrină bogată și o jurisprudență generoasă a Curții de Justiție a Uniunii Europene. În cele ce urmează, vom analiza noțiunea de întreprindere, care are o anumită sferă de aplicare în dreptul concurențial al Uniunii Europene, cu scopul de a determina care sunt jucătorii principali vizați de normele care protejează concurența pe piața internă.
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In this article there have been examined comparatively the provisions of the law in force and those of the previous law, by emphasizing the elements of similarity and of distinction between the two regulations. Likewise, the author has critically examined the provisions of Article 336 (1) of the Criminal Code, also making in this regard de lege ferenda proposals designed to determine the amendment of the current provisions. The de lege ferenda proposal aims to the legislator's abandonment of the provision according to which the moment of consummation of the offence is identified with moment of taking the biological samples, motivated by the fundamental difference existing between the two moments, especially with regard to the criminal liability. The paper can be useful to the legislator, in the light of the suggested amendments, to the practitioners, as well as to all those who show concerns in this field.
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In this study it is subjected for analysis the offence of driving a vehicle under the influence of alcohol or of other substances provided by the Criminal Code in Article 336. The reason for the author's choice of this topic is determined by the fact that a more increasing number of persons commit this type of offence, as well as because the offence has suffered most of the amendments since the entry into force of the new Criminal Code up to the present day, the most important amendment being the one operated by declaring the Article 336 of the Criminal Code unconstitutional.
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This study deals with the problems related to the offence provided in Article 9 of the Law No 143/2000 on preventing and combating illicit drug trafficking and consumption. The interpretation of the legal text is made by comparison with the previous regulation, but also by the literal interpretation of the indicated rule. Moreover, the author studies the modality of application of the text of law to concrete situations which may arise in the judicial practice.
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In this article the author expresses his opinion according to which the provisions of Article 10 of Law No 187/2012 and of Article 39 (1) b) and c) of the Criminal Code are contrary to the Constitution of Romania, republished, as well as to the European standard in the matter, namely the case-law of the European Court of Human Rights.
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The Collective labour contract unique at national level for 2007–2010 was undoubtedly a point of reference in the matter of collective negotiation from Romania, because its contractual clauses established the qualitative accumulations gathered during the conclusion of the collective labour contracts unique at national level, starting with the first contracts concluded after the entry into force of Law No 13/1991 in 1991. Having in view that, under the influence of the Law No 62/2011 (of the social dialogue), the conclusion of the Collective labour contract unique at national level is not permitted, the useful clauses of the mentioned collective labour contract can no longer be applied. In this study it is proposed the emphasis of the essential clauses of the Collective labour contract unique at national level for 2007–2010 and the formulation of a de lege ferenda proposal for their inclusion in the labour legislation.
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The author raises for discussion a series of legal issues related to the proper interpretation and application of two cases of cessation of the individual labour contract, regulated by the Labour Code, namely: – the cessation de jure of the individual labour contract pursuant to Article 56 (1) c) of the Code (cessation de jure on the date of the cumulative fulfilment of the standard age conditions and of the minimum contribution period for the compulsory pension); – the dismissal determined by the dissolution of the position held by the employee (Article 65 of the Labour Code).
