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The national system of public administration is subject to the impact of the medical-sanitary crisis in various forms, on all levels of organization, being additionally responsible and obliged to identify solutions of a normative and administrative nature. One of the important negative effects generated by the current medical-sanitary crisis is the impossibility of the administration to ensure the continuity of activities whose realization is conditioned by administrative authorization, by extension/renewal of authorizations, approvals, agreements, etc., making use of some acts during the validity period, in the sense of giving them the effects provided by law, or the exercise of some personal rights, on the basis of some documents (such as identity documents) when they are in the period of validity. The lack of an infralegal normative framework, of secondary regulation, establishing the scope of the documents the validity of which is extended during and beyond the cessation of special states of emergency and of alert and the conditions in which the prorogation of validity operates, leads to a non-unitary application of the normative act of primary regulation, which includes a general formulation, and inevitably at an additional pressure on the specialized administrative contentious courts, which will be notified either by their holders/beneficiaries, or by third parties whose rights and legitimate interests are harmed. -
Potrivit art. 457 alin. (1) C.pr.civ., hotărârea judecătorească este supusă numai căilor de atac prevăzute de lege, în condițiile și termenele stabilite de aceasta, indiferent de mențiunile din dispozitivul ei. De asemenea, conform prevederilor art. 460 alin. (3) C.pr.civ., în cazul în care prin aceeași hotărâre au fost soluționate mai multe cereri principale sau incidentale, dintre care unele sunt supuse apelului, iar altele recursului, hotărârea în întregul ei este supusă apelului.
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The very short term usucapion can be considered a specific simplified usucapion, regulated by the provisions of the Law No 7/1996, as amended and supplemented, which represents a special way of acquiring the property right with regard to the real estates, in principle, not registered in the land book and for which there are no property deeds, through the possession noted in the land book uninterrupted for a period of 3 years. The specific usucapion analyzed applies only for the acquisition of the property right, in case of sporadic registration operation, regarding real estate lands, with or without constructions, which may form the object of private property, not registered in the land book or registered in the land book opened under the Decree-law No 115/1938, in accordance with the law.
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Formalism is often a topic of discussion approached by reference to the form of the juridical act, more precisely to the consent externalized and recorded in a solemn act. This act is frequently outlined in the form of a notarial act, composed of two parts: the externalization of the manifestation of will of the parties and the findings of the notary public (recorded in the conclusion of authentication). The formalities presuppose any legal procedure which gives rise to a certain form and that adds safety, effectiveness and opposability to the manifestation of will. The notarial succession procedure is characterized by three procedural stages and ends with a conclusion of the notary public: the first part of this decision records the persons participating in the succession debate and the statements of those present, and the second part contains the findings of the notary public with regard to the statements of heirs in the first part of the conclusion. This conclusion issued within the succession procedure has the probative force of an authentic document, on the basis of which the certificate of heir is issued. In this study we intend to make a brief presentation of the procedural formalism, of the formalities prior to and subsequent to the conclusion of the civil juridical act. The notarial deed is the result of a concurrence between the manifestation of will of the party (or parties) and the obligations of the notary public which have a single result: the elaboration of a juridical act in accordance with the legal norms and good morals. The analysis is relevant to allow a comparative look between the formalities necessary for the elaboration of a notarial act and the formalities of the notarial succession procedure, which is completed by the certificate of heir, an act of a special legal nature.
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Faptul că procurorul nu și-a manifestat opțiunea de a menține dispoziția de trimitere în judecată sau de a solicita restituirea cauzei într-un termen de 5 zile, în condițiile art. 345 alin. (3) C.pr.pen., nu îl decade din dreptul de a formula contestație în condițiile art. 347 alin. (1) C.pr.pen., în lipsa unor dispoziții legale exprese, și solicita începerea judecății în contextul constatării legalității sesizării instanței, a administrării probelor și a efectuării actelor de urmărire penală (cu notă aprobativă).
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One of the most controversial institutions of Romanian criminal procedural law is the institution of exclusion of evidence. We considered it necessary to carry out this comparative law study so that law practitioners as well as any interested person could observe how this institution appeared and how it is applied in other countries and in the case law of the European Court of Human Rights.
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The statistics at national level of the disputes of administrative contentious indicate a substantial share thereof in relation to the other matters handled by the courts and reveals an increasingly „blunt” relationship of the Romanian State with its citizen. The alternative means of solving the disputes generated by the activity of the public administration, present in the Romanian legislation, prove to be insufficient to reach the purpose for which they were instituted, and the recent changes brought to the material competence of the administrative contentious courts have generated to a small extent the results pursued by the legislator. The global phenomenon that marks the public law, of progressive replacement of the unilateral character of the public action with models based on dialogue and consensus, more suitable to strengthen the democratic legitimacy and the efficiency of the relations between the administration and the citizens, requires the connection of policies in the field of judicial organization, in this case of the specialized component of administrative contentious and the doctrine of administrative law, to the global approach regarding the resolution of conflicts between the administration and the citizens, including by applying the solutions validated by the experience of other national systems.
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The study analyzes how the investigation of the trial and debate of the fund has been regulated, from the publication of the new Civil Procedure Code to the adoption of the Law No 310/2018 amending and supplementing the Law No 134/2010 on the Civil Procedure Code. Initially, the investigation of the trial before the first instance was expected to be carried out as a rule, in the council chamber and, by exception, in public session. The debate of the fund could take place both in public session and in the council chamber. The entry into force of the provisions regarding the investigation of the trial and the debate of the fund in the council chamber has been postponed several times, never entering into force, so that by the Law No 310/2018 these provisions be abandoned. In this way, the intermediate situation by which the investigation of the trial and the debate of the fund were held in public session became permanent. In our opinion, it is criticizable to abandon the holding of the civil trial in the council chamber, given the predominantly private character of the rights and interests of the parties involved and the guarantee of the right to privacy.
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Law no. 287/2009 on the Civil Code provides the inheritance matter, in general, with an appropriate regulation which is characterized, in principle, by the solutions’ correctness and the flexibility and consistency of its rules. However, here and there, incomplete legal texts can be identified. Equally, one can notice the absence of regulation for certain issues raised abundantly over time by the literature. In this context, the authors of this paper identify the purports of the Civil Code with incidence in the matter of legal heritage which has some shortcomings and propose the legislator to reconsider them to improve thereof. Also, aspects that are not legally regulated are identified with a specific practical frequency.
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As compared to the former civil enactment which established a special immovable property privilege of architects, entrepreneurs, stonemen and other workers employed to build, rebuild or repair edifices, canals or other works, the new Romanian Civil Code provides a legal real estate mortgage for architects and entrepreneurs who have agreed with the owner to build, rebuild or repair a building. Beyond a slight restriction of the scope of application, the Romanian legislator has opted for a simplification of the conditions of recognition of the legal guarantee, which is praiseworthy and useful for the practice. However, the lapidary drafting of the normative texts does not provide answers to all the questions that the practitioners may ask themselves. The author has attempted in this paper to provide an image as accurate as possible of these questions, with the mention that the most important is the need for a fast answer (from the legislator or from the doctrine) to the question whether this legal mortgage guarantees only the payment of some amounts of money or also of any other type of claim which could represent the price of works contract. The issue essentially and immediately affects the scope of application of the guarantee and, consequently, a solution is required in order to ensure the predictability necessary for the economic circuit.
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Potrivit art. 226 alin. (5) C.pen., plasarea, fără drept, de mijloace tehnice de înregistrare audio sau video, în scopul săvârșirii faptelor prevăzute în alin. (1) și alin. (2), se pedepsește cu închisoarea de la unu la 5 ani. Conform art. 207 alin. (1) C.pen., constrângerea unei persoane să dea, să facă, să nu facă sau să sufere ceva, în scopul de a dobândi în mod injust un folos nepatrimonial, pentru sine ori pentru altul, se pedepsește cu închisoarea de la unu la 5 ani. Potrivit art. 291 alin. (1) C.pen., pretinderea, primirea ori acceptarea promisiunii de bani sau alte foloase, direct sau indirect, pentru sine sau pentru altul, săvârșită de către o persoană care are influență sau lasă să se creadă că are influență asupra unui funcționar public și care promite că îl va determina pe acesta să îndeplinească, să nu îndeplinească, să urgenteze ori să întârzie îndeplinirea unui act ce intră în îndatoririle sale de serviciu sau să îndeplinească un act contrar acestor îndatoriri, se pedepsește cu închisoarea de la 2 la 7 ani (cu notă parțial aprobativă).
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The promotion and protection of the rights of the child has always been one of the main objectives of the European Union, but it is also a result of international commitments. All Member States of the European Union have ratified the UN Convention on the Rights of the Child, and the rules and principles of this Convention guide the policies and the actions of the Union that impact on the rights of the child. The Lisbon Treaty has conferred greater importance to the objectives of the European Union, and by Article 3 (3) of the UN Convention on the Rights of the Child it was explicitly established the imperative obligation to promote the protection of the rights of the child. In addition, the rights of the children are enshrined in the Charter of Fundamental Rights of the European Union, which by Article 24 recognizes children as independent and autonomous holders of rights, also considering the best interest of the child as paramount in relations with the public authorities and the private institutions. The transposition of the European and international objectives, as well as of the fundamental principles referring to the protection of the rights of the child took place naturally through the adoption of new national regulations reflecting the acquiescence of Romania to the European objectives and its constant concern for the protection of the rights of the child. However, in many cases there are encountered in practice situations where, although there are both the legal basis and the mechanisms necessary for its implementation, the rights of the children are not respected and/or are not given due importance. This paper aims to draw attention once again to the essential rights of children and to emphasize the fundamental principles referring to the promotion and protection of rights of the children, with particular regard to the principle of the best interest of the child, as regulated at European level.
