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Trying to integrate the precautionary principle in the law of torts is a challenge that took the author back to the origins of tort law: responsibility and its etymological, philosophical and juridical roots. The findings of this intellectual endeavor envisage the expansion of tort law towards new dimensions of time, space and human relationships. With a shift of perspective, from the past towards the future, tort law reinvents itself by facing uncertainty, by reforming its mathematics and rediscovering its guiding principles. The goal of this study is to establish the principles and conditions of preventive tort law, the civilian tort law expression of the preventive and precautionary principles. -
This paper presents a point of view regarding the correlated interpretation of both articles 53 from the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter, ECHR) and the Charter of Fundamental Rights of the European Union (hereinafter, the Charter) in the context of EU accession to ECHR. Opinion 2/13 of the EU Court of Justice from 18 December 2014 establishes that there is no provision in the Commission’s project agreement for EU accession to ECHR that envisages to ensure a coordination between both articles 53, allowing Member States to provide for higher standards on human rights protection than ECHR or the Charter, which could entail the undermining of the primacy, unity and effectiveness of EU law. -
Competența materială de a judeca propunerea de arestare preventivă a inculpatului față de care s-a pus în mișcare acțiunea penală pentru infracțiunea de nerespectare a regimului armelor și munițiilor, prevăzută de art. 342 C.pen., aparține judecătorului de drepturi și libertăți din cadrul judecătoriei, chiar dacă în cauză s-a început urmărirea penală in rem pentru infracțiunea de constituirea unui grup infracțional organizat, prevăzută de art. 367 C.pen. -
The author analyses certain aspects related to prostitution, underlining the fact that, although the new Penal Code no longer incriminates this deed, it is still provided under Law no. 61/1991, representing a contravention punished through fine. In the author’s opinion, the lack of incrimination and the contravention application are not enough to eliminate all the negative consequences (sexually transmitted disease, abortion, human traffic with a view to compel them to supply sexual services, etc.) of the hidden exercising of this old profession. Therefore, in the author’s opinion, this activity should become lawful. -
Europe’s vision for 2030 relies on the impact of European and international actors’ policies on European local and regional governments while strengthening their local autonomy with a view to make it evolve their role and, why not, saving the European project. Local governments are the most able to exercise much more powers over their territories and to take responsibility for their execution; as for the Nation-State, it must be more focused on its roles as controller and evaluator of the local public action. In addition, local and regional governments can provide the necessary solutions that Nation-States cannot solve alone; to save money those international institutions impose. In order to solve the challenges of our time, a special attention is paid to state reform, the status of local public officials (dealing with issues related to basic public services) and the evaluation of the local public action by fighting against the formulas of the privatization of public action, while promoting, but framing them, the public-private partnerships. -
Human personality represents the synthetic expression of biological, psychological and social features, a result of the interaction of fundamental factors: heredity, environment and education. People cannot exist like isolated, single individuals, but only as individuals who are in a permanent cooperation with each other for the purpose of transforming the social environment. For this reason, the human being, as personality, reflects an entire ensemble of psychophysiological, moral and esthetic features and capacities, abilities etc. These factors of the human personality (genetic and acquired) mandatorily create the elements of human dignity: honor, which is an inborn attribute and reputation, which is an acquired attribute. For this reason, the protection of the dignity of the person has represented a subject of legal protection since the earliest times for all legislations, and only the content of incrimination or the penalty prescribed by the incriminatory rule has varied. At present, as well, human dignity represents a fundamental social value that needs to be protected since the normal development of social life is not possible without protecting this value. The European countries with modern legislation have regulated the incrimination of crimes against dignity. In the spirit of our tradition and of adapting the Romanian legislation to the European legislation, Romania is required to do the same thing. The grounds presented in this article represent arguments in this respect. -
In the study hereunder, the author undertakes an analysis of Article 16 para. (1) of Law No. 554/2004 on administrative litigation (text entitled “Introducing the civil servant in the case”), statutory provision that reads as follows: “The legal demands under this law may be filed also personally against the person who assisted in the development, issuance or execution of the document or, where appropriate, who is held liable for failure to settle the demand relating to a subjective right or a legitimate interest, should there be claimed payment of compensation for damages or delay. Should the action be granted, the person concerned may be ordered to pay damages, jointly with the defendant public authority”. -
This paper addresses the matter subordinated to the substantive competence of settlement, during the criminal investigation phase, of the cases in which, initially under the competence of the D.I.I.C.O.T., the procedure of disjunction intervenes. His authors conclude that the provisions of Article 11 (3) of the Government Emergency Ordinance No 78/2016 must in no way be interpreted as being enacted in order to arbitrarily prorogue a prosecutor’s competence, but only for the purpose of the proper administration of justice, purpose to which any decision of disjunction must be subordinated. -
Trafficking in human beings is an offence against human dignity and fundamental freedoms and, therefore, a serious violation of human rights. The Group of Experts on Action against Trafficking in Human Beings (GRETA) emphasizes the state’s obligations to respect, fulfil and protect human rights. Such protection includes measures for the proper identification of all victims of trafficking in human beings. It also involves measures to strengthen the rights of trafficked persons, strengthen through appropriate protection, assistance and remedies, including recovery and rehabilitation, which are non-discriminatory regardless of their residence status. By virtue of this fact, in this article we pursue the following objectives: identification of the mechanism for protecting the victims of trafficking in human beings in terms of national and international regulations; knowledge of national and international legal provisions in the field of criminalization of trafficking in human beings; continuous adaptation of investigators to new challenges related to preventing and combating trafficking in human beings; exposing the general and special conditions of hearing the victims of the offences of trafficking in human beings. All these are able to improve the efficiency of the activity of hearing the victims of the offences of trafficking in human beings. -
Assuming the many relationships between cybercrimes stipulated by Law no. 161/2003 and Law no. 365/2002, as well as between those and criminalization under the Criminal Code in force, the author seeks an analysis which could highlight the concerns that may arise in this context. Also, given the applicability title various criminal provisions acquire in a particular concurrence of skills, the author found it necessary to identify the specific indictment’s wording to be applied first, based on an analytical process. These findings were also analyzed with regard to the provisions of the new Criminal Code, verifying whether the new regulations preserve or not the concerns identified within current legislation. Last but not least, reasoning used in the literature in the matter was considered as well as the judicial practice solutions to see how they have resulted in the appropriate identification of the indictment’s wording applicable. -
In this study the author carries out an analysis of the provisions mentioned in art. 898-902 of the new Civil Procedure Code (Law no. 134/2010, not yet in force) on the enforcement of court orders regarding the minor children, these regulations being derogatory from the common law of the enforcement, established for the first time in the Romanian laws, and consequently, without any correspondence in the Romanian civil procedure laws, still in force. -
The authors examine the issue of the former immovable properties, exclusively “state-owned” (during 1948-1991), which later, after 1991, became, as appropriate, public or private property, either of the State or of the administrative-territorial units. Whereas the status of such property is not always expressly clarified by legal rules (in the sense that after 1991 they became public or private property either of the state or of the territorial administrative units), in end of the study the authors embrace certain legal criteria for performing the said placement, thus trying to find a solution to the problem which is the subject of this study.
