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We mentally associate the first half of the nineteenth century with the affirmation of some ideas and projects of political and administrative reform of the two Romanian principalities connected to the most advanced spirit in Europe of those times. The national common sense watchword was, at that time, the modernization of the principalities in the spirit of the reforms stimulated and encouraged by the French Revolution in the late eighteenth century. Still under the suzerainty of the Ottoman Empire, Moldavia and Walachia were trying to receive European political and legal institutions and to place them into Romanian governance mechanisms, also preparing thereby the formation of a new legal thinking and practice, of a new government mentality, in the spirit of the Western Europe. From this perspective, the author analyzes the origins and the constitutional functions of the Legislative Council, using, for this, some prestigious doctrinal studies published in specialized magazines in the inter-war period of the twentieth century. Likewise, the author analyzes the role of the Legislative Council configured in Article 79 of the Constitution adopted in 1991 and its organic law. -
This paper aims to provide an analysis of the assignment of claim established by a nominative title, promissory note or bearer bond from the perspective of the regulation offered by the current Civil Code, with reference to the special laws that establish the legal status of these titles, including the conditions of their transmission. Thus, the analysis of the general provisions contained in the Civil Code had in view the opinions expressed in the specialised doctrine, both the one prior to the entry into force of the current Civil Code and the latest doctrine, as well as the provisions included in the special laws applicable in the matter.
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The cessation by right of the individual labour contract is one of the fundamental institutions of the labour relations law. Its objective is to expressly regulate those legal hypotheses in which the labour relations, lawfully concluded, cease under the power of law, for objective reasons beyond the control of the signatory parties. Due to the relatively large number of cases where the continuation of the labour relations becomes practically impossible, as well as to the legal issues of a high complexity that may become incidental in this context, the examined institution of law shows a special configuration in all the factors that cause the cessation of the effects of the individual labour contract in the future.
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The idea and, especially, the usefulness of this study have been suggested to us by some amendments brought to the Law No 273/2004 on the procedure of adoption by the Law No 57/2016, including with regard to the issue of the jurisdiction of the Romanian courts in matters of adoption, by the provisions of Articles 1066–1082 of the Civil Procedure Code, referring to „the international jurisdiction of the Romanian courts”, as well as by the existence in this area of some norms still involving an effort of logical-legal polishing. Specifically, we have subjected to analysis the hypotheses of international jurisdiction of the Romanian courts, the material and territorial jurisdiction of the tribunal, respectively of the Bucharest Tribunal, with regard to the applications in matters of adoption.
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The law has, undoubtedly, the properties of a fluid. Firstly, the property to shape into the forms they come into contact: the social realities are the ones that should configure it, as François Gény once said, so that their slower or more sudden changing would automatically determine mostly imperceptible, and in some cases, convulsive changes of the legal phenomenon as well. Law is a far too important phenomenon to not be subjected to studying day by day. However, a careful analysis of law has always imposed its division, primarily for teaching, theoretical purposes, but not without having in view the practical consequences as well. Traditional or innovative, classic or revolutionary, this „slicing” into divisions, branches and legal institutions, has undergone, in its turn, plenty of changes over time, being in a state of perpetual remodeling (and remodulation). In the following lines we propose some ideas, with no greater claim than that of presenting a personal opinion, about this phenomenon of division, firstly, and of fusion, secondly, a phenomenon that repeats itself cyclically, as, ultimately, the law also contains in itself a significant dose of history.
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I. Pentru a se garanta mai bine interesele părței civile. 1. Tăerea controversei în privința acordărei daunelor-interese, în caz de achitare, în sensul că achitatul, ca și absolvitul, pot fi în orice materie penală condamnați la daune-interese. 2. Dreptul pentru partea civilă de a pune în mișcare acțiunea publică și a o exercita dânsa singură, când ministerul public ezită sau refuză de a se pune în mișcare, și dreptul de a se face apel sau recurs fie în materie de instrucțiune prealabilă, fie la instanțele de judecată, chiar în caz de achitarea inculpatului. 3. Privilegiul pentru partea civilă de a se despăgubi fiscului din garanția dată de arestat spre a i se da libertatea provizorie, ca și din orice altă avere a acestuia. 4. Tăerea controversei cunoscută sub formula una via electa, lăsându-se la facultatea părței civile de a părăsi chiar calea civilă, și a se alătura la acțiunea publică, în caz când crede mai folositoare această cale și vice-versa. -
Recunoașterea calității de cetățean român, acordată Românilor de origine supuși unui Stat străin, confirmând o calitate preexistentă, are efect retroactiv în deosebire de naturalizare, care nu conferă străinilor această calitate decât din momentul împământenirei lor.
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This study, entitled „Harmonisation between tribunals. Some points of reference”, is dedicated to some considerations on the collaboration between the national tribunals, on the one hand, and the tribunals established at the level of the European Union – the Tribunal of Justice of the European Union and the European Court of Human Rights –, on the other. The author starts from the finding that the European citizens can protect their rights both through the courts in their own country and through the previously mentioned European courts.
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Separately from the assumption that the public authority has issued with a delay the answer to the application of the person concerned, in the administrative practice there is a situation which, due to its frequency, is likely to become a real phenomenon of the silence of the administration. It concerns the inaction of the administration that, separately from the classic situation represented by the passivity to answer to the applications of individuals, lies in its omission to act in the exercise of its legal competence or of the competence imposed by the administration itself, in this latter situation discussed a genuine „ex officio” inaction/silence, which in other countries not only is recognized, but it even benefits from a separate regulatory framework. Or, this assumption of the administration’s omission to act in order to carry out its legal competences or those established „ex officio” does not benefit in the Romanian law by a normative framework that would allow it to be challenged in the administrative disputes court, which determined us to also make a de lege ferenda proposal appeared from the undertaken analysis.
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The developments which the Romanian, European and international society has experienced, especially in the last decade, coincide with the 10th anniversary of our country’s accession to the European Union, requiring new approaches of the multiple dimensions which the integration process involves. The integration into the European Union, which has generated a series of changes at constitutional level, is also one of the objectives of Romania at international level. Likewise, the process of accession to the European Union has conferred to the Romanian citizens, inclusively, the right to participate in the European Parliament elections, both as candidates and as voters, according to Article 38 of the Romanian Constitution, republished. In this study, the author intends to discuss the problems of Romania’s accession to the European Union from the perspective of the constitutional provisions.
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This study aims to identify the constituent moment, a moment when the manifestation of the original constituent power intervenes. While in case of the derived constituent power formal and material limits are pre-established, and the revision of the Constitution is an activity with a consistent procedural component, in case of the original constituent power an analysis of comparative law can identify ex ante which are the main moments when we can speak about the manifestation of the constituent power. These moments are closely related to different internal and international social events which took place in the historical evolution of a state, and these can be grouped into: constituent moments mainly determined by a revolution, by the change in the political regime or by the formation of a state. Thus, the main questions to which we seek to answer are: Which is the onset signal that will lead to the beginning of the constituent procedure? Is the new Constitution legitimate? Is the new Constitution the work of an original constituent power or of a derived constituent power?
