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In this article the author discusses from a constitutional perspective the concept of capital – commonly used by the Constituent Assemblies to designate within the constitutions the headquarters of the national sovereignty authorities. In his comments, the author presents the political conditions and the historical context of choosing Bucharest as residence of the princely court of Walachia mid seventeenth century and the evolution of the city from a historical, political and administrative viewpoint. The study presents in detail the changes suffered by the city of Bucharest during the Organic Regulations that have established administrative measures for its modernization. Bucharest became capital of the United Principalities in 1862 during the reign of Alexandru Ioan Cuza. Since then its status as capital has not been contested anymore, a situation also reflected in provisions of constitutional rank. -
The article proposes procedural solutions, in compliance with the requirements of the ECHR practice, when changing the legal classification given to the deed, in appeal, by appreciating that the change in the legal classification given to the deed by the act of referral can be made by an undeniable conclusion, prior to the debate on the appeal, or by the conclusion for reinstating the case on the list of cases, provided that the court has debated the appeal, pending further ruling also for the reason concerning the change in the legal classification, which it found to be well-grounded.
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After the adoption and the entry into force of the Law on the administrative disputes No 554/2004, subsequently to the constitutional revision of 2003, the problems of the special administrative jurisdictions are of particular interest, being one of the institutions of the public law meant to ensure the celerity of the settlement of disputes, doubled by the guarantee offered to the litigants, concerning the compliance with the constitutional principle of free access to justice, the right to a fair trial and to the settlement of cases within a reasonable time. In this context, the study intends to make an analysis of the constitutionality of the special administrative jurisdictions regulated by the Law No 554/2004 and in some special normative acts, adopted after the constitutional revision from 2003, in relation to the provisions of Article 21 (4) of the Romanian Constitution revised and republished.
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The new Civil Procedure Code brings some amendments in the procedure of administration of evidence by lawyers, introduced in the Civil Procedure Code of 1865 by the Government Emergency Ordinance No 138/2000. This study details this procedure trying to anticipate a few of the problems that may arise in the judicial practice at the time of using this modality of administration of evidence in the civil lawsuit. -
Aspecte generale privind incriminarea faptei de abuz în serviciu. În Codul penal în vigoare infracțiunile de corupție și cele de serviciu sunt prevăzute în două capitole distincte ale titlului V din Partea specială – „Infracțiuni de corupție și de serviciu”. Ceea ce caracterizează în principal grupul infracțiunilor de serviciu sau în legătură cu serviciul este valoarea socială apărată, și anume bunul mers al activității instituțiilor și organizațiilor publice, regiilor autonome sau oricăror alte persoane juridice cu capital integral ori majoritar de stat sau declarate ca fiind de utilitate publică și, implicit, apărarea intereselor legale ale persoanelor particulare.
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Practica judiciară recentă s-a confruntat cu numeroase frământări în legătură cu îndeplinirea elementelor constitutive ale infracțiunii de abuz în serviciu, prevăzută în art. 297 C.pen. Potrivit acestui articol, constituie infracțiunea de abuz în serviciu „fapta funcționarului public care, în exercitarea atribuțiilor de serviciu, nu îndeplinește un act sau îl îndeplinește în mod defectuos și prin aceasta cauzează o pagubă ori o vătămare a drepturilor sau intereselor legitime ale unei persoane fizice sau ale unei persoane juridice” -
By the provisions of the Law No 122/2006 on asylum in Romania, as amended and supplemented, the legislator has chosen to derogate from the provisions of common law in the matter of recourse with regard to the time when it starts to run, having as starting point the moment when the judgment of the first instance court was pronounced, without having in view the presence or absence of the party concerned, as well as without taking into consideration the special situation of the asylum seekers from Romania, foreign citizens or stateless persons, most of them not speaking Romanian. This study intends to emphasize how, by this derogation from the processual civil provisions which represent the common law in the matter, it is violated the free access to justice established by the provisions of Article 21 of the Constitution of Romania, supporting the running of the time limit for recourse from the time of communication of the judgment of the court of first instance, and not from the time of pronouncement. -
This article inspired us by the following situation existing in the legislation and doctrine: The law on county councils does not contain edifying referrals to specific procedures for approving the minutes of county councils meetings (we find also a quasi-similar situation regarding the minutes’ records challenge in court); The doctrine which should have filled this gap is inexistent and is limited to making referrals to other aspects of the minutes, taken from legislation, legislation which, as already mentioned, is extremely vague on this matter; The lack of an administrative procedure code leaves unclear this side of the concrete way for the minutes’ approval. Therefore, starting from the unequal practice of local authorities on the minutes’ approval in court, we shall try, through the arguments in this article, to come to support practitioners in local government and, why not, to also offer a source of inspiration in drafting the Administrative Procedure Code.
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In this article the author defines the judicial security and analyzes its role within the national security system, but also the relations between the judiciary system and the national security system.
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The following article analyzes mediation procedure implemented in the Romanian law system by the Law No 192/2006 on the mediation and on the organization of the profession of mediator. The paper makes a critical assessment of the problems encountered in implementing mediation procedure in the cases generated by the public administration activity. It also presents the jurisprudence of the Romanian Court of Accounts on this subject.
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This study deals with the sale with repurchase option, a variety of sale of a distinctive specific nature, which may be sometimes confused with other types of contracts, of different legal nature. The paper analyzes how it is regulated the sale with repurchase pact in the Civil Code of 1864, highlighting the circumstance according to which the previous civil regulation did not contain clear and imperative legal norms that could have been able to be protect the public order interests, for the purposes of granting real legal guarantees for their defence before the sale with repurchase pact. At the same time, the study also undertakes a careful examination of the regulations included in the current Civil Code relative to the sale with repurchase pact. There have been noticed interesting legal issues related to the terminology used by the legislator in the current regulation regarding the right of repurchase option, a right analysed in a comprehensive manner, in its stages of emergence, exercise, taking effects, transmission and extinction.
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The survey aims to highlight certain features, considered to be more important, on public property, the object and subject covered by the public property right, guarantee and protection of the public property, the right to public property and its inviolability. The authors had in regard certain magisterial solutions, delivered in practice, on the protection and exercise of public property.
