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The enforcement of enforceable titles consisting of judgments regarding budgetary claims, owed on the basis of some contractual legal relationships, which become revenue to the state consolidated budget, was a distinct issue dealt with in the practice of the courts of law, as a result of different legal application and interpretation of incidental legal texts. It was the judicial practice that led to the intervention of the High Court of Cassation and Justice, called upon to issue a preliminary ruling for the settlement of a matter of law regarding the interpretation of the provisions of Article 623 of the Civil Procedure Code in relation to Article 220 (3) and (5) and Article 226 (3) of the Law No 207/2015, in the light of Article 3 (1) of the Law No 273/2006 and Article 3 point 18 of the Law No 69/2010. The solution of the High Court of Cassation and Justice confers the competence of enforcement of the above-mentioned obligations to the tax executors, as executing authorities of the State. -
This paper analyses the concepts of harmonization, approximation of laws and the establishing of minimum norms in EU law, with an emphasis on the criminal European law. These notions are followed since their creation, first in the internal market and then, in the area of freedom, security and justice, through all avatars they got through alongside the evolution of the EU integration process. Without a legal definition, the meaning of those concepts was created and then partially contested by legal authors. Though, there is still a debate between some authors about the differences in the nuances of those legal notions specific to EU law, the majority of legal thinking agreed that all these notions are reflecting the same idea of vertical integration of EU law. Another major influence upon defining those concepts in the criminal European law was represented by the EU Court of Justice case-law in the Environmental Crimes Case and Shipping Pollution Case, setting out, for the first time, a constitutional basis for the creation of criminal European law: the principle of effectiveness combined with the principle of loyal cooperation. The final part of this study analyses the harmonization and the establishment of minimum standards in criminal European law in post-Lisbon era, taking into consideration all important changes brought by this treaty, such as the fully constitutional basis for harmonization and mutual recognition in the criminal law area of the EU.
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Applying the more favourable criminal law requires the existence of a transient situation when, from the moment of committing an offence and until the execution or consideration of the punishment as executed or until the removal of the conviction consequences, one or more penal laws have appeared. However, we will not be in the presence of a transient situation in the case of conditional release from the execution of a resultant punishment, applied for committing a plurality of offences, the sanctioning of which was based on the present Criminal Code, according to the provisions of Article 10 of the Law No 187/2012, the only applicable law being the 2009 Criminal Code, according to the principle of criminal law activity. In this hypothesis, as a consequence of the resulting punishment for committing a plurality of wholly committed offences under the new law, the initial moment from which to assess the existence of a succession of criminal laws over time will be the date when the plurality of offences is finalized.
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The momentary transformations taking place in the Republic of Moldova have as objective to adjust the national legislation to the international standards, in which the way of solving the co-relation between the interests of the person and the State’s interests is made at optimum level. Contradictoriality has a special importance on the whole part of the criminal procedure system, determining, in many directions, the weight of the legal status, the relations of opposition or collaboration between the participants in the criminal trial, as well as the legal relationships established between the participants in the trial and the court of law.
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In this study we have analyzed the effects of the situation of incompatibility in which the local elected representatives, especially the mayors, can be found, as this situation has been established by the prefect or by the National Integrity Agency through the evaluation report. Thus, in the first case, finding the incompatibility entails the lawful cessation of the mayor’s mandate, if he will not renounce the incompatible function within the time limit provided by the law, and, in the latter case, the state of incompatibility has as consequence the prohibition of the person declared incompatible to fill an eligible position for a period of 3 years from the date of cessation of the current mandate or, respectively, from the date of the final assessment report of the National Integrity Agency. In other words, not even if the National Integrity Agency establishes it, the state of incompatibility is not an implacable reason for lawful cessation of the mayor’s mandate, but, on the contrary, it can avoid such a consequence by renouncing the incompatible function within the same period provided by the law in case the incompatibility is established by the prefect.
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In this study we are making reference to the acceptance of the bill of exchange in the Republic of Moldova and in Romania. The bill of exchange includes the drawer’s order addressed to the drawee to pay to the holder of the bill of exchange (payee) the amount of money mentioned in the title. This order itself includes only an obligation of the drawer to determine the payment of the amount of money to be made to the beneficiary, as well as a designation of the person (the drawee) which is going to make the payment at maturity. But the obligation to pay the amount of money does not arise from the order given by the drawer, but from the expression of the will of the drawee itself. So only by accepting the order the drawee becomes acceptor, that is debtor of bill of exchange, and will be obliged to pay at maturity the amount of money provided by the bill of exchange. By accepting the bill of exchange, the drawee becomes the principal debtor and, as a consequence, he must be presented with the bill of exchange.
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Publicăm mai jos hotărârea Tribunalului Ilfov, dată în procesul dintre Societatea tramvaiurilor și Ministerul de interne, cu prilejul aplicărei legei din 18 Decembrie 1911, și anume părerea motivată a majorităței (d-nii N. Algiu, președinte, și C. Bossie, judecător) și aceea a d-lui judecător I. G. Manu.
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Cititorii Dreptului au luat cunoștință de proiectul de lege relativ la noua modificare a legii Curții de Casație, în scopul reînființării recursului direct în materie de contencios administrativ, în expunerea de motive a d-lui M. Cantacuzino, ministrul justiției, ce am distribuit în supliment. Publicăm aici și raportul d-lui Petre Missir, care este un document luminos asupra legii propuse, aflată în discuția Senatului.
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Recognition of the adherence of leniency to the legal phenomenon or its inclusion in the extrajuridical field is determined by the nature of philosophicalmaterialist or idealist conceptions. Amnesty and pardon are based on the socio-political grounds and have as foundation the feelings of gentleness, magnanimity, compassion. Justice is the ideal state of society, achievable by ensuring, for each separately and for everyone together, the enjoyment of legitimate rights and interests. The fundamental components or values of the notion of justice are: righteousness, social utility, legal certainty. The concept of leniency is related to all the three elements. By its very name, its functions and its purpose, the law must be based on the idea of righteousness. The essence of the idea of righteousness is to treat similar cases equally and different cases in distinct ways. The exercise of leniency is closely related to the principle of justice. Social utility means to organize a community to ensure the good of everyone and of each separately. The same social utility claiming punishment sometimes justifies the abandonment of punishment or forgiveness thereof. Legal security designates that state of safety of individuals and of society as conferred by the legal normativity by complying with its prescriptions. Although it is sometimes considered that leniency means bankruptcy in criminal justice, the legal certainty will never be affected if leniency acts are consistent with a rational legal conscience and does not harm the rights of the injured parties by committing the offence. Amnesty and pardon are not directed against legal certainty, but, on the contrary, they are put to the service of the common good, which is a proof of trust and a means of protecting the citizens. The three components of the idea of justice – righteousness, social utility and legal certainty – are in a tensed state. Amnesty and pardon are called to detension and harmonize these relations. Leniency is not in antithesis with the law, but it is inevitable for its completion.
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The interpretative solution provided by the High Court of Cassation and Justice – Panel for the settlement of some matters of criminal law by the operative part of the Decision No 15/2018, according to which „after the transfer of the person convicted by the foreign judicial authorities, in order to continue the execution of the punishment in Romania, the length of the punishment considered by the state of conviction as executed on the basis of the performed work and of good conduct, granted as benefit in favour of the convicted person, by the foreign judicial authority, must not be deducted from the punishment which is executed in Romania”, has lost its validity and binding effect both as a result of delivery of the judgment of the Court of Justice of the European Union – Grand Chamber of 8 November 2016 in the Case C-554/14 and as a result of the entry into force of the amendments brought to the provisions of Article 144 (1) of the Law No 302/2004 by the Law No 236/2017.
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The study aims to present a case solved by German courts. It was raised the issue of the legal qualification of the winning under a beer cap, on terms of several people having put together the money for purchasing two boxes of beer and having bought them for that amount, including the bottle with the cap which contained the prize. In the case briefly presented it was necessary to determine whether the winning belongs only to the person who discovered the prize under the cap or to all the persons who have contributed with money to purchase the bottle containing the winning cap.
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Through this study we have made a thorough analysis of the conditions of admissibility of the special cancellation (revocation) action regulated by the provisions of Article 117 of the Law No 85/2014 on the procedures for preventing insolvency and of insolvency, as well as an analysis of the possibility of cancelling (revoking) any fraudulent act concluded by the debtor in the 2 years prior to the opening of the insolvency procedure. Likewise, we have analyzed what operations concluded, in the two years prior to the opening of the procedure, with the persons who have legal relationships with the debtor may be cancelled and the benefits recovered, if they are to the detriment of the creditors, except for the acts concluded in good faith in the execution of an agreement with the creditors, concluded as a result of extrajudicial negotiations for restructuring the debtor’s debts.
