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The author criticizes a decision of the Bucharest Court of Appeal which, having to settle a case concerning dismissal determined by the dissolution of the workplace of an employee for reasons not related to him/her, stated that the dismissal is lawful even if it was not the position of the dismissed employee that was dissolved but another position of the same kind, but, on the other hand, it has decided that the measure in question is unlawful on grounds of not being „serious” since the employer (a ministry) has not proven the objective criteria that should support the seriousness of the applicant’s removal from the position held (the reason why the employee was not good enough or sufficiently trained in the profession in order to be maintained in activity or why the other employees maintained in activity were better suited, professionally or otherwise, as compared to the ones selected for dismissal). -
In the following study, the author carries out an analysis of the Law No. 571/2004, the author emphasizing the fact that this law is actually very little known and applied, although its adoption in 2004 was made considering Romania’s accession to the European Union (this took place on January 1, 2007). For that purpose, while analyzing certain wordings of the law (which consists of a total of 11 articles), the author proposes a number of amendments and supplements thereto, in order to improve and use thereof in the social life practice. -
Reiterating his view [in that the commercial law is not an autonomous branch of law, but is part of the Romanian civil law, with effect from 1 October 2011, since the new Romanian Civil Code entered into force (Law no. 287/2009, as republished) Code essentially “of monistic nature”], the author criticizes the view (to the contrary) of certain theorists and practitioners, focusing on art. 2557 para. (2) of the Code, as well as the existence – undisputed – of the legal discipline called the international trade law. -
The funeral expenses are borne either from the estate left by the deceased, or by the person who contracted this obligation, or who has been entrusted by will with the task of settling the funeral. Also, the person who is responsible for the act which caused the expenses is usually obliged to pay them back. As such, this short study presents the notions of funeral and commemoration expenses from the perspective of the persons obliged to bear them. -
The relationship between the constitutional norms and the European Union law is interpreted differently, as there are several doctrinal conceptions and different case law solutions. A trend of thought affirms the supremacy of the Constitution, including over the European Union law, even though it accepts the priority of application of the latter, in its binding rules, over all the other rules of domestic law, and other trend affirms the priority of the unconditional application of all the provisions of the European Union law over all the norms of the domestic law, including over the constitutional norms. There are European constitutional jurisdictions which have established that they have the competence to conduct the control over the constitutionality of the European Union law, integrated into the domestic legal order, by virtue of the principle of supremacy of the Basic Law. In this study we analyze the interferences between the principle of priority of the European Union law and the principle of supremacy of the Constitution with reference to the doctrine and the relevant case law in the matter. Key words: principle of priority of the European Union law; principle of supremacy of the Constitution; obligativity of the legal norms of the European Union; control of the constitutionality of the legal acts of the European Union integrated into the domestic law; compliance of the domestic law with the European Union law. -
The Romanian legislator has introduced an innovation in criminal proceedings matters: the institution of the suspect, which is questionable from several points of view. According to the provisions of the new Romanian Criminal Procedure Code, the suspect is the person about whom, from the existing data and evidence in the case, a reasonable suspicion arises that he has committed an offence provided by the criminal law; the quality of suspect is acquired only when the prosecutor orders that the criminal prosecution – which had previously started only with regard to the deed (in rem) – be further conducted against that person. The suspect is not a party in the criminal proceedings, but a main subject to proceedings. In this study, the authors analyze the institution of the suspect, by presenting some critical aspects and by proposing the reconsideration of its regulation. -
The paper analyzes the institution of suspension of the enforcement of administrative acts pursuant to Article 14 of the Law on administrative disputes No 554/2004, as amended and supplemented, from the perspective of the solutions delivered in the recent years by courts of different ranks of jurisdiction, taking into account that the serious doubt on the legality of the administrative act must be distinguished easily after a brief investigation of the appearance of the right, because, within the procedure for suspending the enforcement, by which there can only be ordered provisional measures, the prejudgment of the merits of the case is not allowed. -
The suspension of the administrative contract is an institution rather newly-introduced in the Romanian law, at the same time with the entry into force of the Law No 101/2016. However, this normative act exclusively regulates the judicial suspension of the administrative contract, which makes room for the following question: Can an administrative contract be suspended only by court decision and only under the conditions established limitatively by the Law No 101/2016 or in other circumstances as well, namely following a procedure other than that established by the aforementioned normative act? We believe that the suspension of an administrative contract may also be reached under conditions other than those established by the provisions of Article 53 (2) of the Law No 101/2016, either by administrative means, by a decision of measures taken by the competent bodies of the Court of Accounts, or as a result of the raising by one of the parties to such a contract, in relation to the other, of an exception for non-performance of the contract, or, finally, as consequence of the suspension of the unilateral administrative act on the basis of which such a contract was concluded, using the rule according to which the legal fate of the original act determines the legal status of the subsequent act. The subject seems to be new in our legal literature and engages extraordinary implications of substantive and procedural law. It is sufficient to mention here that the judicial suspension of the administrative contract enjoys, at the level of the Law No 101/2016, by a superficial regulation, requiring the supplementation by several provisions of the Law on administrative disputes No 554/2004, but also with those pertaining to the current Civil Procedure Code. It is this supplementation that makes it possible to clarify the institution of the judicial suspension of the administrative contract, but in a direction that raises problems which the practitioner not accustomed with the analytical doctrinal discourse could hardly envisage, of a higher depth than that encountered in the marginal comments of the legal provisions incidental in this matter. In other line of ideas, in the context of analyzing the set of prerogatives attributed by the law to the Court of Accounts, it can easily be concluded that an administrative suspension of the administrative contract is perfectly possible, ordered by a unilateral administrative act of an individual nature. Likewise, the administrative contract may end up in the situation to be suspended, as consequence of the legal suspension of the unilateral administrative act, on the basis of which the contract was concluded, an act challenged by the prefect in the exercise of the prerogatives of administrative trusteeship with which he was empowered by law. Both scenarios are binding on the use of the terminological luggage of the Law on administrative disputes No 554/2004. Lastly, the suspension of the administrative contract may be engaged also by the possible raising by any of the parties to an administrative contract, in relation to the other, of an exception of non-performance, which sends the assumed analysis to the ideological set of the civil law. -
The article reviews the effects of suspending the judgment of the case during the settlement of the non-constitutionality exception, by reference to art. 6 of the Convention for the defense of human rights and fundamental freedoms, in particular in what regards the requirement of a reasonable hearing term and of celerity of the criminal trial. In addition, the consequences of resolution no. 3/ 2010 of the Constitutional Court on pending criminal procedures on the dockets of the courts of law are discussed. -
This study analyzes a correlation between the Fiscal Procedure Code (the suspension of the extinctive prescriptions in tax matters) and a provision of the Civil Code (suspension of the extinctive prescription as long as the debtor deliberately conceals from the creditor the existence or the exigibility of the debt). The corroboration of these texts, implicitly imposed by the Criminal Procedure Code, raises a series of legal issues, which the author analyzes and, in her opinion, settles them as well. -
This article analyzes the particularities of the suspension by judgment of the enforcement of administrative acts. The legal institution of suspension of the enforcement of administrative acts is a legal instrument made available to the persons claiming to be injured and constitutes a guarantee against the producing of some irreparable damage. The author investigates the conditions and legal effects of the suspension of the enforcement of the administrative act after formulating the prior complaint and the suspension requested in the main proceedings, including also some proposals de lege ferenda. The research is carried out taking into account the latest amendments to the Law on administrative disputes No 554/2004 by the Law No 212/2018 amending and supplementing the Law on administrative disputes No 554/2004 and other normative acts. Also, within this research, the author refers to the decisions of the Constitutional Court on the pleas of unconstitutionality raised in this matter. -
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.
