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The supremacy of the Constitution has as main consequence the compliance of the entire law with the constitutional rules. Guaranteeing the respect for this principle, being essential for the state of law, is primarily an attribute of the Constitutional Court, but also an obligation of the legislature to receive through the normative acts adopted, in content and form, the constitutional rules. The entry into force of the new criminal codes has generated a significant case law of the Constitutional Court concerning the verification of constitutionality of some regulations of the Criminal Code and of the Criminal Procedure Code. Through this study we intend to analyze the following more important aspects: a) how the constitutional principles and values have been materialized in some criminal rules and criminal processual rules of the new codes; b) the effects of the decisions of the Constitutional Court in the process of constitutionalisation of the criminal law; c) applying the decisions of the Constitutional Court in the judicial activity, especially those which have established the unconstitutionality of some regulations in the new criminal codes. -
In this article, the author intends to analyze, by comparison, the terms domicile and residence, as they are used by the constituent legislator in Article 27 of the Constitution, as well as by the Civil Code and the Criminal Code in force. The author points out that the terms of domicile and residence, used in the civil legislation as attributes of identification of the natural person, are different from those covered by the doctrine of criminal law and by that of constitutional law, in the light of the protection of the inviolability of the home of a person, as a legal instrument for the respect of the freedom and private life of persons. The author demonstrates that the purpose of establishing the inviolability of the domicile by constitutional rule is to ensure the respect for the private life of individuals. Particular attention is given to the problems of constitutionalisation of the inviolability of the domicile, as well as of the European protection of the right of every person to the inviolability of their own homes. The author also presents the constitutional guarantees of the inviolability of the domicile and of the residence and how they are materialized by the criminal procedure rules.
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The judicial practice in the matter of representation, including in that of the Supreme Court, reveals difficulties in interpreting Article 84 (1) of the Civil Procedure Code. A poor interpretation thereof, by ignoring ratio legis, creates a gap for the illegal practice of the specialized legal professions. In the same context, it is necessary to distinguish between the plea of lack of evidence of the quality of representative and that of illegal representation, and the latter must be preceded by the plea on the nullity of the contract from which the judicial mandate arises.
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The author analyzes the territorial jurisdiction of the court to settle the actions for annulment of the decisions of invalidation or for amendment of the settlement decisions issued by the National Commission for Real Estate Settlement pursuant to the Law No 165/2013, appreciating that it lies with the civil section of the Bucharest Tribunal, as the court in whose district it is located the headquarters of the entity issuing the contested act. The term „entity” within Article 35 (1) must be understood in relation to the provisions of Article 3 points 4 and 5 of the Law No 165/2013, which enumerates the entities involved in the restitution procedure in various stages thereof, as well as the document issued by these entities.
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In this study, the author analyzes the practical implications of the amendments brought to the Civil Procedure Code by the Government Emergency Ordinance No 1/2016, following the admission of the plea of unconstitutionality of the provisions of Article 666 of the Civil Procedure Code by the Decision of the Constitutional Court No 895/2015. After a brief historical presentation of the legislative events that have led to the current situation regarding the approval of enforcement, the author, by examining the effects of the Decision of the Constitutional Court No 895/2015 and of the Government Emergency Ordinance No 1/2016, identifies the categories of situations that may arise in the practice of enforcement.
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In this study the author, after making certain considerations on the concepts of human rights and world order, in the context of globalization, as well as of the trends of globalization of law, points out to the necessity to undertake some urgent actions in order to proclaim, establish and, mostly, guarantee the human rights and fundamental freedoms worldwide. In the author’s opinion these legal rules which have the consent of all States would represent, along with solving the contradictions between the international economic system with a quasi-global organization and the prevailing political structure of the human society which is at state level, a starting point in achieving a real world order, in compliance with the current stage of the socio-historical movement and with the challenges of the 21st century.
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On 1 April 2016 there were celebrated 150 years since, by Decree of the Princely Lieutenancy, it had been approved the Regulation for establishing the Romanian Literary Society, with the special mission to determine the spelling, to elaborate the Romanian grammar and to start and develop the Romanian dictionary, thus representing „the act of birth” of the national academic institution. Transformed in 1867 into the Romanian Academic Society, it opened its area of concerns, along with literature and philology, to history and natural sciences, following that, by the Law of 1879, it would acquire legal personality and become „national institute” under the name of Romanian Academy. Over a century and a half of uninterrupted activity, the Academy was the major factor of enforcement of the Romanian spiritual unity, „the vital centre” of irradiation and promotion of the national science and culture. In this context, the law has been and still is at the same time foundation, form of culture, field of scientific knowledge, value of expression of the academic concerns, and the jurists, some of its most devoted promoters. Under the terms of transformation of the university into a setting almost exclusively for transmitting knowledge and skills of training of future professionals of law, the only forum for conducting the fundamental legal research and for the development of the science of law remains the Legal Research Institute of the Romanian Academy. In order to play such a role it must redefine its mission and re-establish its priorities, so as to provide the proper setting for the legal reflection and for the achievement of theoretical projects that should lead to the crystallization of the new Romanian doctrine of the law. -
International agreements constitute a category of legal acts within the European Union (EU). They are concluded by the EU acting alone or jointly with Member States depending on the provisions of the founding Treaties. With the entry into force of the Treaty of Lisbon, the European Union (EU) acquired legal personality. It is therefore a subject of international law which is capable of negotiating and concluding international agreements on its own behalf. The external competences of the EU are defined in Article 216 of the Treaty on the Functioning of the EU. The division of competences between the EU and Member States is also expressed at international level. The current division of competences between the EU and Member States is not set in stone. However, the reduction or extension of EU competences is a delicate matter which requires the consent of all Member States and necessitates a revision of the Treaties.
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Constitutional case law has got an important influence over the normative regulations and the legal system in general, due to the multitude of ways in which the Constitutional Court can intervene in order to modulate and harmonize legal provisions and the authorities’ actions with the rules and principles enshrined in the Basic Law. The risk of sanctioning the disregarding the constitutional exigencies, either in terms of formal conditions or in what concerns the fund rules, is a factor of accountability of the legislature. Therefore, the role the constitutional review plays in increasing the quality of laws and its positive effects on the lawmaking process should reinforce the importance of the Constitutional Court in the institutional state’s architecture.
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Within this study the author presents us some essential points of reference regarding the present situation of the legal education and its prospects for recovery. The author’s approach starts from the finding that education at all levels is in a period of crisis, despite the legal framework developed over the last years and materialized, mainly, in a new national education law. The explanations of the crisis in our legal education are multiple, the author making special reference to the unjustified proliferation of the private legal education and to the existence of a disproportionate relation between the public and private faculties of law. A particular importance is also given within this study to the teaching staff of the university education. The author pleads, in essence, for the financing of the education institutions in relation to the performances achieved, for setting some high standards of promotion of the teaching staff within the legal education and for a more exigent regulation of the incompatibilities and of the conflicts of interest.
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The paper aims to emphasize the consequences of the Judgment Costanzo pronounced by the Court of Justice in 1989 on the competences and powers of the public administration authorities, when these authorities are acting within the scope of application of the European Union law. From the perspective of the persons of private law directly concerned, the paper makes available to them the manner in which they can invoke the Union law – as a right opposable against the national administrative authorities – without requiring the intervention of the courts to obtain the removal from the application of the measures of national law contrary thereto. -
This scientific approach debates and proposes solutions for a problem of judicial practice also reflected in the doctrine of speciality, namely whether it subsists the offence of tax evasion provided in Article 9 (1) b) or c) of the Law No 241/2005, whose active subject is a legal person, in case of absence of the accounting records of the taxpayer. The author’s certain conclusion is based on arguments related to the legal text and which the practice has embraced as a corollary, and he proposes a solution in the sense that the judicial bodies may analyse that all the constituent elements of the reference offence are present even in the absence of the documents of accounting records. Likewise, the article also deals tangentially with a possible problem related to the constitutionality of a legal phrase that is part of the constituent elements of the offence of tax evasion and criticizes the redundant and incoherent phrasing of the legislator.
