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Democrația ca formă de organizare și de conducere a societății trebuie să se adapteze la noile realități impuse de tehnologia digitală, mai ales printr-un anumit tip de revoluție educativă și culturală în serviciul utilizatorilor. Așadar, democrația în epoca digitală presupune, în primul rând, recunoașterea unui drept fundamental de acces la spațiul digital pentru a se evita în acest mod riscurile unei rupturi digitale, în sensul utilizării acestuia de un număr restrâns de oameni – o elită cibernetică –, implicând toate avantajele ce ar rezulta pentru aceasta din folosirea rețelelor de informare și de comunicare, cum ar fi, de pildă, internetul. Prin urmare, beneficiile unei societăți cibernetice nu sunt reale decât dacă instrumentele informatice sunt pe larg difuzate și puse la dispoziția unui număr cât mai mare de indivizi umani. Într-adevăr, o e-democrație sau o e-administrație nu vor fi inovații relevante decât dacă un număr foarte mare de cetățeni va avea acces facil la acestea. -
The change of vision brought by the new Civil Code in re ation to the partition contract requires an examination more attuned to the practical aspect. This study shows that, due to the fiscal taxation and the problem of the community regime of spouses, it shouldn’t be indifferent to us the translative effect of the partition contract. The transition from the declarative effect has clearly intended to provide a more coherent system in regard to certain issues like the fate of deeds closed by a co-owner over the whole property as well as the guarantee for eviction and defects. However, we tried to state that the retroactivity of the declarative system provided as well palpable benefits for the person seeking to enter into a partition by mutual agreement. Also, in the final part of this study we provided some details regarding the conditions for registration in the land book of the legal hypothecation stipuled for the previous co-owner regarding the debt from eviction. -
Any scientific approach which seeks to understand the meanings of “rule of law” must be an interdisciplinary approach based on the philosophy of law. This study carries out such an analysis in order to highlight the many theoretical meanings for this concept, and the relationship between principles and legal rules, respectively the regulatory value of law principles. Such analysis is a plea for relating to principles in the work of law establishment and enforcement. -
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The present analysis is justified by the challenges generated by the regulation of the normative framework of public power intervention in the management of some new social realities, with a direct impact on the state-citizen relations, in the context of the COVID-19 pandemic. Undoubtedly, some measures established by the Law No 136/2020 on the establishment of some measures in the field of public health in situations of epidemiological and biological risk, taken most often with celerity, will be subject to the control of legality of the courts of law. It would be absurd for acts that ultimately affect fundamental rights and freedoms not to be subject to the means of appeal and not to pass through the judge’s filter, the latter being the one who will, actually, decide on the fairness of the measure adopted. At the boundary between the analysis of the legality and the appropriateness of the measures adopted by the competent authorities of the state, the court of law will have to rule so that both the citizen, viewed individually, and the community feel safe in front of a threat that humanity never faced before. From this analytical perspective, the authors intend to address the issue of the possibility to invoke in court the exceptions of illegality in the context of the provisions provided by Article 17 of the Law No 136/2020.
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The article deals with the issue of joinder of executional files, making reference to the meaning of the syntagm „expenses incurred by the time of joinder”, to the possibility of reducing the court executor’s fee within this procedure, to the manner and to the time limit for contesting the interlocutory judgment of the court executor. -
The direct action in the guarantee for hidden vices is still a new subject in the legal doctrine and especially in the Romanian judicial practice. At present, judicial practice has not committed such an action, although the issue has been debated, both in the doctrine of the old Civil Code, and especially in the doctrine of the new Civil Code. What is even more surprising is that the legislator understood to directly regulate such direct action in the case of the guarantee for eviction, without regulating it in the case of the cover for hidden vices. If technical and legal issues seem relatively simple in the case of direct action for hidden vices against a previous vendor or first seller, things get complicated when it comes to direct action in hidden vices against the contractor. The present study aims to identify the legal nature and the basis of the direct action in the guarantee for hidden vices against the contractor, thus establishing its admissibility criteria. By the arguments that we will render, we hope to contribute to the shaping of some defining elements of direct action that will facilitate its practical application.
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The author considers that article 288 paragraph (1) of the National Education Law no. 1/2011 (text according to which the didactic activities exceeding a didactic workload are remunerated for each hour worked, and for the tenured didactic staff – in the higher education system – the maximum number of paid hours in the regime of payment per hour, no matter the educational establishment where the respective hours are worked, cannot exceed the minimum didactic workload) breaches the provisions of the Constitution of Romania, even though the Constitutional Court adjudicated otherwise under the decision no. 1090/2011. The basic argument forwarded by the author is that, in case of certain similar regulations contained in the contents of certain previous similar legislative instruments (Law no. 88/1993 and Law no. 128/1997), the same Constitutional Court, according to two decisions (no. 114/1994 and no. 30/1998) ruled otherwise than it had ruled in 2011 (that is, it stated that those decisions were unconstitutional). -
This paper deals with the problems of establishing the garnishment when the debtor is the Romanian State itself. The analysis is carried out in the light of the provisions of Article 5 (1) of the Government Emergency Ordinance No 146/2002, republished. At the same time, it is also analyzed the lack of incidence of the provisions of the Government Ordinance No 22/2002 in case of this debtor. -
In this article the author defines the judicial security and analyzes its role within the national security system, but also the relations between the judiciary system and the national security system.
