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A new decision of the European Court of Human Rights (the Judgment of 19 June 2018 pronounced in the Case Bursa Barosu Bașkanligi et al. against Turkey) strengthens the case law according to which the useful effect of the right to a fair trial presupposes also the right to execute the justice decisions (inaugurated in 1997), including those that protect the environment (initiated by the Judgment of 12 July 2005 in the Case Okyay against Turkey) and opens new perspectives in this matter. Limited to procedural issues, the decision contributes, however, to the nuancing of the problems, encourages the progress of the effectiveness of environmental law by judicial means and, through the suggestions offered, underlines the need to particularize the legal reaction to the specific of the ecological realities. The deception is mainly resulted from the limitation to the data of the judicial precedent and the failure to fully use the capacities related to the involvement of the civil society in promoting the environmental judicial progress. -
Starting from Code of Canon Law we discuss some religious and legal aspects of the Catholic „natural marriage” which cannot be disconnected by t he contemporary cultural and social changes. Here we take into account the power of love which makes people see and wish not only the traditional appearance of marriage, but its real sense. From this point of view, we explain other sides of the nowadays marriage like irregular unions (civil marriages and partnerships) and invalidity of the canonical marriage. We consider that there should be avoided judges that do not consider the complexity of different situations in which people live or suffer. The Church works in the spirit of fraternity and charity and that is why those people who live in some exceptions of the „natural marriage” should be integrated in different ways within the Christian communities. -
The new regulatory framework, established in the matter of accelerating the process of restitution of real estate properties and of the compensatory measures by the Law No 165/2013 on measures for the finalisation of the process of restitution, in kind or by equivalent, of the buildings abusively taken over during the communist regime in Romania, also includes some regulations concerning the cases and the modalities of cancellation of the titles of property issued by the county commissions of land resources. In the ambience of the new regulatory framework, this study analyzes the regulations established by the Law No 165/2013 in the matter of cancellation or change of titles of property issued by the county commissions of land resources, as well as in the matter of cancellation or of changing the decisions issued by these commissions, which stood as basis for the issuance of the title of property. The analysis of these issues has been made by reference of the provisions of the Law No 165/2013 to other provisions established by the Law No 18/1991, the Regulation for application of this law, as well as by reference to the special normative acts of reparatory nature. -
The overview hereby analyses provisions of the Supreme Court’s decision no. III/2002, which regulates interpretation and uniform application of provisions of art. 2151 in the Criminal Code regarding the crime of embezzlement committed by the landlords’ or tenants’ association manager in his capacity as employee. The author substantiates, however, that provisions of decision no. III/2002 may not be applicable to managers employed with landlords’ or tenants’ associations lacking legal entity status, whereas these associations may not enter into individual employment contract, which is why the manager is not employed and therefore, not a civil servant, and, likewise, it may not be applicable to managers employed with landlords’ or tenants’ associations on the strength of legal agreement, whereas, in default of an individual employment contract, they are not employed and therefore, not civil servants.
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The article aims to analyze the main aspects that characterize the procedure of concluding the plea agreements, concluded between the prosecutor and the defendant, within the proceedings before international criminal courts. The fact that these courts have taken features from both legal systems, inquisitorial and accusatorial, as well as the fact that this procedure has been implemented in a stage subsequent to the adoption of the statutes of these courts, for reasons of practical necessity, makes their experience of over 12 years in implementing this procedure particularly useful to the European continental legal systems which, in their large majority, have recently adopted the Plea Agreement procedure. These also include Romania, once the „Plea Agreement” institution has been regulated within the provisions of Articles 478–488 of the new Criminal Procedure Code, which makes the study of the case-law of the international criminal courts also useful in the Romanian judicial practice. -
The authors examine criminal matters regarding prohibited practices in the area of competition from a comparative perspective. The study refers to the competition law in the European Union, in some of its Member States, in the United States of America, as well as in Romania. -
The author, without claiming to exhaust the subject, drew up this study in the attempt to start a theoretical discussion, but with practical implications as well, regarding the real concurrence of offences between the aggravated thefts committed under the circumstances provided by art. 209, parag. 1, letter i) of the Criminal Code, namely by breaking, escalade or use without right of a real or false key and the trespassing provided by art. 192 of the Criminal Code. -
This article proposes to examine certain aspects related to the incompatibility of the criminal investigation bodies and of the prosecutor within the criminal lawsuit. The authors take into consideration mainly the incidence of incompatibility cases in the stage of preliminary acts, emphasizing the case of incompatibility set forth in art.48 paragraph (1) letter d) of the Criminal Procedure Code. Through their scientific undertaking, the authors try to demonstrate that incompatibility concerns, to the same extent, both the stage of criminal prosecution, and the stage of preliminary acts. Likewise, the scope of the above mentioned incompatibility case and the decision related to its prosecution are examined from the perspective of the provisions of the (European) Convention for the protection of human rights and fundamental freedoms and of the case law of the European Court of Human Rights, as well as in the light of the provisions of the new Criminal Procedure Code. -
The article offers an analysis of the regulation of the institution of unworthiness to inherit as regulated by the Civil Code which entered into force on 1 October 2011. First the author had in view both the influences of the foreign regulations which served as a model for drafting the normative act and the conclusions of the Romanian doctrine and of the case law relevant in the matter, which the Romanian legislator has taken into account. Starting from the nature of civil sanction of the unworthiness to inherit, there are analyzed the modalities which can remove the effects thereof, formulating, at the same time, relevant de lege ferenda proposals in order to create a unitary system as comprehensive as possible relative to the related procedure. -
Law no. 85/2006 on the insolvency procedure, under Article 138, ties to rules the cases and the conditions under which managerial or supervisory staff of the debtor (legal entity), facing insolvency, is to answer patrimonially for having caused the state of insolvency of the relevant debtor (legal entity). In practice, in relation to this wording, it was raised in case law the question whether those by right can make such a request (on grounds of Article 138), subsequent to the occurrence of closure of the insolvency proceedings (under Articles 131-137 of the same Law). The author argues – bringing arguments to that effect, that it is required a positive response. -
In the regulations of the new Criminal Code, the legislator has not opted for a limited criminal liability of the legal entity, but for a general liability which may result because of the commitment of any criminal offence. Except the state, the public authorities and the public institutions which carry on any activities not representing the subject matter of the private field, the other legal entities may hold the capacity of active subject, no matter the nature and the seriousness of the committed criminal offence. The criminal liability shall be laid upon the legal entity only when the respective entity having a position of management, provision, decision etc. commits the deed set forth by the criminal law in carrying out the business line or in the interest or on behalf of the legal entity. In case of committing a deed set forth by the criminal law, both the criminal liability of the legal entity and of the natural person who contributed to its commitment or only of one of these two categories of persons. -
Leave of absence is a motivated missing (absence) from the workplace, being a period when the employee does not work. As the leave of absence from the workplace is not legally regulated by the normative acts in force, in practice, when the employee requests leave of absence in order to solve some personal matters, discussions arise as to whether or not he receives salary during the leave of absence. This study raises for discussion some considerations and proposals referring to the legal status of the leave of absence from the workplace, both for the employees from the budgetary sector and for the employees from the private sector.
