Potrivit prevederilor art. 60 alin. (1) lit. c) din Codul muncii și art. 21 alin. (1) lit. a) din Ordonanța de urgență a Guvernului nr. 96/2003, interdicția temporară de concediere a salariatei gravide se aplică numai în situația în care angajatorul avea cunoștință la data emiterii deciziei de concediere despre starea de graviditate a salariatei concediate. Deși art. 272 din Codul muncii prevede că sarcina probei în litigiile de muncă revine angajatorului, dovada faptului pozitiv al informării prealabile cade în sarcina salariatei gravide care contestă faptul negativ invocat de angajator că nu a luat cunoștință de starea de graviditate anterior concedierii.

This study examines the following issues: the legal nature of the survivor’s pension, the possibility of obtaining the survivor’s pension by a person, if his legal provider was also the holder of a survivor’s pension, how to calculate the survivor’s pension in case it is established, having as legal reference another survivor’s pension, the possibility of applying the correction index when establishing the amount of the survivor’s pension. The beginning of a relatively detailed legal analysis, in connection with these aspects presents a relevant degree of novelty for the Romanian legal literature, as neither the doctrine, nor the case law paid due attention to these problems, of indisputable theoretical interest and real practical utility.

After a summary examination of the regulations and of the doctrine regarding the institution of civil nullities, the author illustrates the uncertainties produced by some special norms that establish absolute nullities for the violation of some imperative norms of protection for some categories delimited by subjects; it is concluded – starting from the principles – and with exemplification of jurisprudence – that such express nullities produce only some effects of absolute nullity and that the legal regime of absolute nullities does not always apply, in its entirety, as a whole. The presented legal construction offers the opportunity to observe the acute need for prejudicial procedures at the disposal of those who have to make decisions for the application of rules that produce legal uncertainty.

An in-depth analysis of the mechanisms by which the recipients of the legal norm end up evading the payment of the tax obligations and, subsequently, giving an appearance of legality to the illegally obtained amounts, can only be beneficial for an overall understanding of the typical elements of those two offences (tax evasion and money laundering). Without a tradition in our criminal law, incriminated for only two decades, the offence of money laundering has surprisingly gathered around it a rich case law, which is the subject of numerous criminal cases. At the same time, the analysis of the outlined case law has revealed different approaches and solutions from the courts on some important aspects of the offence of money laundering and their clarification is all the more necessary as we are talking precisely about its typicality elements. Whereas the offence of money laundering is often concurrent with the offence of tax evasion, it is necessary to analyze their points of interference, both at the level of their objective side and from the perspective of reparation of the damage.

The present study starts from the question whether a reform of the judicial system is necessary in Romania, considering also the fact that the current regulation was adopted in 2004, a part of it having its source in the Law No 92/1992 for the judicial organization. The author considers that the change of the new procedural legislation has led to some normative inconsistencies and to an overcrowding of the courts, especially of the supreme court. The situation became critical and the supreme court was forced to promote an interpretation likely to abandon the original conception of the new Code, namely that according to which it is a common law court in matters of review. The Law No 310/2018 amending the Law No 134/2010 on the Civil Procedure Code, as well as for the amendment of other normative acts has enshrined this new approach of the supreme court, which provoked vehement criticism from some authors.

This study examines the manner in which the Romanian Constitutional Court has used in its practice the principle of non-retroactivity of the law with reference to service pensions. At the same time, the study contains a detailed critical examination of the thesis of the constitutional contentious court regarding the qualification of the laws amending or repealing the service pensions already in payment as non-retroactive and, therefore, in compliance with the constitutional requirements. On the other hand, the author of the study advances the thesis according to which any law that modifies the formula of calculation of the service pensions in payment, including by resorting to the extension of the contributivity rule, is retroactive and, consequently, unconstitutional. In substantiating this statement, there are initiated a series of considerations regarding the defining elements of the right to pension, the theories regarding the earned rights, as well as the development of a detailed analysis of the concept of legal effects produced during the application of another law (new law).This study examines the manner in which the Romanian Constitutional Court has used in its practice the principle of non-retroactivity of the law with reference to service pensions. At the same time, the study contains a detailed critical examination of the thesis of the constitutional contentious court regarding the qualification of the laws amending or repealing the service pensions already in payment as non-retroactive and, therefore, in compliance with the constitutional requirements. On the other hand, the author of the study advances the thesis according to which any law that modifies the formula of calculation of the service pensions in payment, including by resorting to the extension of the contributivity rule, is retroactive and, consequently, unconstitutional. In substantiating this statement, there are initiated a series of considerations regarding the defining elements of the right to pension, the theories regarding the earned rights, as well as the development of a detailed analysis of the concept of legal effects produced during the application of another law (new law).