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The purpose of this paper is to offer the reader a brief incursion in the procedure of expropriation for cause of public utility, necessary to achieve some objectives of national, county and local interest, as it is regulated by the Law No 255/2010, as amended and supplemented. In this regard, the paper contains references to the relevant national case law, but also to the Norms of application of the Law No 255/2010, as well as to the applicable civil processual provisions, where appropriate. -
Presently, Article 527 (1) of the Civil Code, materializing a jurisprudential solution and a doctrinal thesis substantiated under the influence of the Family Code, provides that „only the person who has the means to pay or has the possibility to acquire these means may be forced to provide maintenance” (s.n. – T.B.). This text, in relation to the provisions of Article 42 (2) c) of the Constitution, raises the question of the possibility of forcing to labour the debtor of the legal maintenance obligation, who is fit to work, but who, for reasons imputable to him, does not earn incomes from work, nor has any other means to meet this obligation”. Despite some contrary opinions, the proposed study is intended as a contribution to the logicallegal argumentation of this „legal possibility”.
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In the Romanian civil law and civil processual law there are several particular situations that raise problems in terms of application in time of the civil law and of the civil processual law, especially in case of prescriptions, both to the extinctive prescription and to the acquisitive prescription. It is noted the fact that, in case of prescription of execution, the provisions of processual law are supplemented with the provisions of substantive law, therefore the conflict of laws in time arises not only between the civil procedure rules, but at the same time between the rules of civil material law as well. As regards the acquisitive prescription, the conflict of laws arises, in particular, between the provisions of the Decree-Law No 115/1938 and those of the Civil Code of 1864, and the situation is complicated by the fact that the moment when the prescription period starts to run is different in the two normative acts. The solution proposed by the doctrine to resolve the conflict of laws between the former Civil Code and the current Civil Code can be useful also in case of conflict in time between normative acts, in this case with regard to usucaption, in order to avoid that the applicable law be different from the law that has determined the applicable law.
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This study is devoted to a particular analysis of the reason for contestation for annulment provided by Article 503 (2) point 2 of the Civil Procedure Code, text which allows the cancellation of a judgment when it is found that „the solution given to the recourse” is the result of a „material error”. The author argues that the mentioned text does not allow a broad interpretation, namely in the sense that the material errors could lead to the cancellation of a judgment for mistakes that concern the merits of the case. The current regulation does not provide sufficient arguments for a different approach than the one promoted under the influence of the previous Civil Procedure Code, and this despite the fact that Article 318 (1) of this Code was using the phrase „material mistake”, and not that of „material error”. In the author’s view the whole physiognomy of the contestation for annulment is materialised in the fact that this extraordinary legal remedy was made available to the parties only for the removal of some procedural errors, and not of those on the merits as well. In order to remedy some misjudgments it is open the means of appeal, and, in some cases, of the revision as well. However the contrary opinion has the merit to emphasize that there are practical situations in which the current procedural remedies could be considered as insufficient. Therefore, some future legislative approaches might also consider some reassessments concerning the regulation of the legal remedies.
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The Order of the minister of health No 1411/2016 introduces, in the Annex to the Order of the minister of health No 482/2007, a new article, that is Article 51, which regulates a new form of civil liability opposite to the liability of the principal for his agent, where the agent (the medical staff) is objectively liable for the deed [the situations provided by Article 655 (1) of the Law No 95/2006] of the principal (the sanitary unit). Article 51 of the Annex to the Order No 482/2007 is unlawful because it violates the express provisions of Article 654 (2) a) of the Law No 95/2006 (which exonerates ex lege the medical staff from the liability for the prejudices caused by the working conditions) and it is confusing, because, although it represents a methodological norm of a special law, it makes reference to the common law (Article 1373 of the Civil Code) which regulates exactly the opposite, namely the objective liability of the principal for the deed of the agent based on the idea of guarantee of the principal, that covers the risk of activity and of authority.
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Scurte observații de ordin istoric. 1. Sahara Occidentală. Teritoriul Saharei Occidentale, aflat în nord-vestul Africii și situat între Maroc, Algeria, Mauritania și Oceanul Atlantic, este disputat cu statut incert în dreptul internațional. O parte însemnată din acest teritoriu este controlată de Maroc, fără ca Marocul să exercite toate atributele suveranității sale asupra acestui teritoriu, în timp ce o parte mai mică se află sub controlul Frontului Polisario (sprijinit de Algeria), mișcare de eliberare a Saharei Occidentale a cărei legitimitate a fost recunoscută de ONU. Acest teritoriu este de mulți ani în atenția ONU care a propus organizarea unui referendum în vederea autodeterminării sale sub controlul Națiunilor Unite. Referendumul nu a mai avut loc1 -
In the same way as the institutional decision-making system of the European Union (the European Commission, the Council, the European Parliament) participating in the unional legislative mechanism (the procedures of adoption of the derived legislation of the European Union) has undergone, in an evolutive sense, permanent changes of reformatory nature, in favour of some elements specific to bicameralism (the Council – the European Parliament; the European Parliament – the Council), within the institutions that make up the jurisdictional system of the European Union we are also witnessing the same permanence of the concerns for institutional reform placed in the structural-organizational plan, but also in the one of the competences ratione materiae, ratione personae. All these occurred and still occur in close relation to the process of enlargement of the European Union, as well as to the multiplication of the areas which fall under the exclusive competences of the European Union and of those shared between the European Union and the Member States, correlated with the principles of subsidiarity, proportionality, conferral and loyal cooperation.
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The archaeological sites – material forms of our past – are a finite and non-renewable resource of knowledge of our history, in a constant state of vulnerability to external factors that can lead to their irretrievable loss. Among these factors, the most destructive one that can be distinguished is the phenomenon of archaeological poaching as a source of supply to the national and international art markets. The illegal trafficking of cultural goods, often also involving activities of laundering of money or even of terrorism, is a widespread phenomenon worldwide. In order to fight it, the real protection offered to archaeological sites and museums, as well as ensuring the effectiveness of the instruments of international cooperation are the most effective means for defending the national cultural heritage.
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In the regulation of the new Criminal Procedure Code the recourse in cassation is an extraordinary legal remedy exercised only in cases expressly provided by law and only on grounds of unlawfulness. The recourse in cassation is the extraordinary remedy through which the interested parties or the prosecutor may request the High Court, in the conditions and for the reasons expressly and limitatively provided by law, to reform the final judgements in certain cases provided by law. Practically, the recourse in cassation is designed as an extraordinary legal remedy or otherwise, as a last level of jurisdiction within which the parties can defend their rights, by removing the effects of the final judgments pronounced under the conditions of the five cases of unlawfulness provided by Article 438 of the Criminal Procedure Code and does not involve the examination of all aspects of the case, but only the review of the legality of the contested judgment, respectively its consistency with the provisions of the applicable substantive and procedural law. We intend to present the five cases of recourse in cassation by an extensive examination of the doctrine and practice of the High Court of Cassation and Justice.
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Websites are part of our everyday lives, giving us access to information in all areas, old or new, short or complex, original or processed, but few people who are accessing websites know that the latter also have a „memory”: they are able to remember exactly who has accessed them, from what location they have been accessed and which were the preferences of the author. This memorization manifests itself by cookies – small size files that are stored on a user’s computer at the time when the latter uses the Internet network. They are created when the browser on the user’s computer loads a particular website. The user’s computer system accumulates a multitude of personal data as cookies, whose tasks are to identify the user’s person for an easier interaction with a website, this leading of a state of insecurity, invasion, violation of his own world – ultimately of the private life.
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The administrative-jurisdictional procedure established by the Law No 159/2016 and detailed by the Decision No 1171/2016 has utility in a specific area, that of electronic communications. By regulating the procedure for settlement of disputes between the suppliers of public networks of electronic communications and the network operators, on the one hand, and, respectively, of the disputes between the suppliers of public networks of electronic communications and the persons holding by whatever title a physical infrastructure installed inside a building, on the other hand, the Decision No 1171/2016 stands out by provisions of novelty, such as ensuring the contradictoriality and orality of the procedure by distance communication means or by ensuring the public consultation of the preliminary solution given by the Commission within the procedure of settlement of dispute. Similarly, there can also be found procedures regulated in the common law as well, but also derogations in matters of material and territorial jurisdiction of the competent court to censor the legality of the administrative-jurisdictional act issued to settle the case.
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The imperative to not let the governors and the governed persons commit any abuses has generated a specific manner of regulation of the organization of public assemblies, especially when they take place in public. The result of this regulation which, although it does not expressly provide the condition of authorising the organization and the conduct of these public assemblies, contains it nevertheless by default, has implications on the problem of the administrative authorizations. This result is the specific manner of establishing a required authorization that is not included within the scope of express authorizations or in the one related to the tacit approval procedure, placed, as well as the latter, in the sphere of legal fictions. Whereas given the state of law and a genuine democracy it can not be explained the reaction of the authorities when they face the situation of spontaneous public assemblies, their regulation at legal level is required as well.
