-
In this study, the two authors examine the procedure of establishing local councils in the Romanian legislation and reveal a series of ambiguities of the legal rules regulating various stages of this procedure, ambiguities generated in particular by the circumstance that the given procedure is regulated in the content of three regulations, namely: art. 28–35 of the Local Public Administration Law no. 215/2001 (republished in 2007, then amended and supplemented several times), art. 1–10 of the Government Ordinance no. 35/2002 for approving the Regulation on the organization and operation of local councils; art. 6–8 of Law no. 393/2004 on the statute of local elected officials (and the latest two regulations being amended and completed several times). Taking into consideration this situation, the authors propose a series of solutions for creating a more coherent legislative framework in this field.
-
Considerații generale. În art. 146 din Constituția României, republicată, legiuitorul constituant a prevăzut atribuțiile Curții Constituționale, procedura jurisdicțională fiind menționată în cadrul secțiunii a 2-a din capitolul III, denumit „Competența Curții Constituționale”, din Legea nr. 47/1992 privind organizarea și funcționarea Curții Constituționale, republicată1. Potrivit dispozițiilor textului menționat, una din atribuțiile Curții Constituționale este aceea de a hotărî „asupra excepțiilor de neconstituționalitate privind legile și ordonanțele, ridicate în fața instanțelor judecătorești sau de arbitraj comercial; excepția de neconstituționalitate poate fi ridicată și direct de Avocatul Poporului” [art. 146 lit. d) din Constituția României, republicată].
-
In this study, the author – by making a comparative analysis of the legal treatment of the spouses’ common assets obtained in the course of marriage in the new Romanian Civil Code (Law No. 287/2009, as amended by Law No. 71/ 2011 and in force as of October 1, 2011) – issues a series of own interpretations in the field, including with regard to the spouses’ tacit mandate within the legal joint property of assets according to the regulations of the Romanian Civil Code, also underlining a series of negative aspects (with regard to common assets) contained in the regulations of the new Code.
-
This study presents the divergent case law generated by the current insufficient regulation of the legal regime of burial plots and funeral constructions, such as burial vaults and crypts. While some courts admit the assignment of the tomb to one heir, others consider that the concession right over the burial plot and the funeral constructions bears upon a forced and perpetual indivisibility which excludes the division. As a solution, it proposes a clarification of the legal regime applicable to funeral concessions and the explicit regulation of the use of underground burial vaults, especially from the perspective of the exclusive right to be buried in a particular crypt.
-
This study aims to develop concepts already outlined in the doctrine, but in the light of the modern law on self-defence and exceeding its limits, containing transitional issues in relation to the new Criminal Code, accompanied by the case law up to date and reasonable own notes, while emphasizing the theoretical and practical controversies encountered. The article is prepared in an analytical style, the author reveals the key aspects regarding certain particularities and difficulties arising from the combination of the letter of the law with its enforcement. In addition to the aforementioned aspects, certain elements related to the comparative law are present, and the provisions of the (European) Convention for the Protection of Human Rights and Fundamental Freedoms concerning self-defence, as well as de lege ferenda proposals.
-
It is of interest both from theoretical perspective and mostly from practical perspective to raise for discussion and, furthermore, to propose some solutions for some controversial issues related to succession law, as well as to settle a conflict of laws in time. Therefore, in this paper there are emphasized some of the facets which the temporal conflict of laws can take, in the matter of inheritances, and there are expressed some points of view, which could be of interest to the practitioners, determining them to reflect on this topic.
-
After examining the criminal rules contained in the Government Emergency Ordinance no. 202/2002, the authors formulate several proposals de lege ferenda regarding the crimes regulated by this piece of legislation.
-
In this study, the author makes a thorough analysis of the so-called tax havens, outlining their connection with organized crime. Thus, the definition and main characteristics of tax havens, the types of tax havens and certain measures adopted at EU level to limit thereof are portrayed herein.
-
According to the new criminal regulation, the offence of misleading the judicial bodies preserves some elements of the offence of false accusation, which is currently not provided anymore, but both the constitutive content and the sanctioning system show serious changes.
-
Starting from the provisions of art. 51 of the Constitution of Romania (regulating the right to petition), of the Government Ordinance no. 27/2002 (ordering the public authorities and institutions to solve the petitions of citizens within 30 days after the date of their registration), corroborated with a series of provisions of Law no. 554/2004 on administrative claims, also taking into consideration the case law in the matter, the authors examine in detail the regulations in this field and, in the end, correlating all these facts, they tend to draw conclusions in the field examined.
-
The article includes some considerations regarding the procedural dispositions concerning the purpose of criminal lawsuit, as regulated in the Code of Criminal Procedure. The author analyzes the dispositions of the new Code of Criminal Procedure which establishes the purpose of the rules of criminal procedure, by reference to the dispositions of the Code of Criminal Procedure in force where the purpose of criminal lawsuit is established.
-
In this article, the author examines the crime of treason by giving aid to the enemy both in terms of the current Criminal Code and in light of the new Criminal Code, pointing out, where appropriate, the main similarities and differences between the two regulations.