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This study aims to identify the arguments for which, in the current legislative context, it is not admissible to order the sending of the case for retrial by the judgment pronounced on the application for annulment. The application for annulment, as a legal remedy, is regulated within the procedure of payment order. -
The present article aims to analyse the antinomy contravention – offence by studying the incrimination of the deed of disturbance of public order and peace. Thus, the legislator, within Article 2 point 1 of the Law No 61/1991 for sanctioning the acts of violation of certain norms of social coexistence, of the public order and peace, incriminates the contravention consisting in committing in public of obscene deeds, acts or gestures, addressing of insults, offensive or vulgar expressions, threats with acts of violence against persons or their property, which may disturb public order and peace or provoke the indignation of citizens or harm the dignity and honour thereof or public institutions. On the other hand, according to Article 371 of the Criminal Code, the act of the person who, in public, by violence committed against persons or property or by serious threats or injuries to the dignity of the persons, disturbs the public order and peace is punished by imprisonment from 3 months to 2 years or with fine. It is easy to find, comparatively analysing, that there is a parallelism of the incriminations, which extract their vigour from spheres of different legal liability, thus the judicial interpreter having the difficult mission to distinguish the conditions in which the two forms of liability are employed, respectively if both can be retained simultaneously, successively or the application of one of them brings about ipso facto the removal of the other. -
Confusing subject of study for a jurist, humanity is an evasive notion because it manifests itself in the individual but is, at the same time, external to it; it claims universality but the way each one looks at is as specific as each one. Myth or legal symbol, „humanity” is a term with variable content, both in the common and the legal language, because, at the same time, it represents the human essence, the goodness but also the race, the human species. The various meanings are indissolubly linked because they are intertwined, so that the „individual” humanity, the one that each individual carries himself, is inseparable from the „collective” humanity, the human community. This together construction results from legal instruments which reflect the ambivalence of the concept, the crime against humanity is, at the same time, a crime against the human essence and a crime against the human race, as its constituent elements demonstrate. Through time, humanity has born and fed contradictory legal discourses, so in international law it is more than a „concept slogan”, because its influence is tangible, but nonetheless, humanity has not simplified the international legal order but has made it even more complex.
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Analyzing the jurisdiction of the courts as it is regulated by the new (Romanian) Civil Procedure Code (Law No 134/2010, republished, entered into force on 15 February 2013), the author comes to the conclusion that this Code regulates a single case of alternative jurisdiction of public order, that is Article 113 (1) point 1 („Besides the courts provided in Articles 107–112, there shall also be competent: 1. the court having jurisdiction over plaintiff’s domicile, in the applications concerning the determination of filiation;...”). -
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.
