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The consent of the patient is a legal consent and therefore it has to comply with all the validity conditions thereof. Among these, the condition of the capacity of exercise of the minor patient benefits from a special regulation by Article 661, the 2nd sentence of the Law No 95/2006. The present study intends to analyze these special provisions, by corroborating them with the regulations applicable to the legal representatives of the minor and by reference to the common law in the matter of capacity of exercise, for the purpose of accomplishing the finality of the legal provisions (protected access to the medical service) and of avoiding some blockage situations, generated by a bureaucratic interpretation. -
The problem of the capacity of exercise of the minor patient, deprived of liberty, has relevance for all types of penitentiary police units, which can keep minors in their custody, but also for the public health network, because all these institutions can face the problem of obtaining the consent for the execution of a medical intervention on the minor deprived of liberty. The minor patient in the custody of the penitentiary police enjoys the same autonomy, in relation to the expression of informed consent, as the free minor patient, according to the principle of equivalence, his right to health care being guaranteed, without any discrimination in relation to his legal situation. In reference to the problems regarding the capacity of exercise of the minor deprived of liberty, required for the consent to the medical act, there are applicable both legal norms of civil law, as well as norms of medical law and criminal executional law. -
The anticipated legal capacity of the minor represents, together with the situation of the married minor, one of the exceptions of acquiring full legal capacity at the age of 18, expressly provided in Article 40 of the new Civil Code. Thus, for acquiring the „emancipation”, the minor can address the law court himself, by way of the non-contentious procedure, and with regard to the „reasonable grounds”, the legislator has not made an enumeration or an exemplification thereof, these remaining at the discretion of the guardianship courts. Given the implications which the measure of emancipation of the minor could have on himself and on others, this must be seen as an exceptional one, and although there is still no case law on the application of Article 40 of the Civil Code, de lege ferenda, the possibility to revert to the recognition of the anticipated legal capacity by the guardianship court would be, to the same extent, an appropriate measure of the higher interest of the minor. -
In the system of the Civil Code of 1864, the emancipated minor acquired a limited capacity, and emancipation was a period of transition between the complete incapacity and the full freedom. The system of 1954 maintains „tacit emancipation”, but removes the term that reminded of the past, and gives only to the woman the possibility to marry before the age of 18. In addition, through „restricted” exercise capacity, the minors aged 14–18, regardless of gender, acquire an „intermediate” capacity. In search of a balance between tradition and modernity, the current system maintains „tacit emancipation”, preserves the „antechamber” of full capacity and restores „express emancipation”. There are regulated two hypotheses in which a natural person can acquire full capacity of exercise before reaching the age of 18: the conclusion of a valid marriage and the judicial recognition. In both cases, the minimum age required is 16 years and specific „justified reasons” must be proved. -
Fără îndoială, după 2007, anul aderării României la Uniunea Europeană, unul din avantajele preluării în sistemul juridic național a unui set de reguli care funcționa de mai bine de 30 de ani la nivelul statelor membre ale Uniunii ar fi putut fi evitarea erorilor și disfuncționalităților care au marcat evoluția acestor reguli. Era de așteptat ca în materia achizițiilor publice erorile de aplicare a reglementărilor, care au fost corectate pe parcurs de Curtea de Justiție a Uniunii Europene, să nu mai fie reluate în aplicarea acestor reglementări în sistemul național. Cu toate acestea, de o manieră relativ nespectaculoasă, practica în materia achizițiilor publice reia o serie de erori legate de calificarea contractelor supuse directivelor în materie, deși acestea au fost clarificate de jurisprudența Curții de Justiție a Uniunii Europene.
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The article presents the continued offence from the perspective of the Decision No 368/2017 of C.C.R., presenting the history of the concept of continued offence and the elements characterizing this concept from the perspective of E.C.H.R. After an analysis of the opinions expressed, referring to the change in the legal classification of the continued offence, it is concluded that the change of the legal classification is required when one or more material acts were wrongfully included in the legal unit, although these constitute distinct offences, which are in concurrence, in intermediate plurality or in a state of recidivism with material acts that constitute continued offence. In case that, for one or more material acts, there is a case that prevents the exercise of criminal action, we consider that it is not necessary to change the legal classification, being sufficient that, by a minute, to order the acquittal or the termination of the criminal trial, and for the other material acts that continue to be a continued offence to have a solution of conviction, the postponement of application of punishment or renunciation to apply the punishment. -
Potrivit art. 181 alin. (1) din Legea nr. 78/2000 pentru prevenirea, descoperirea și sancționarea faptelor de corupție, cu modificările și completările ulterioare, folosirea sau prezentarea cu rea-credință de documente ori declarații false, inexacte sau incomplete, dacă fapta are ca rezultat obținerea pe nedrept de fonduri din bugetul general al Uniunii Europene sau din bugetele administrate de aceasta ori în numele ei, se pedepsește cu închisoare de la 2 la 7 ani și interzicerea unor drepturi.
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Since the beginning of the 19th century, the phenomenon of immigration has increased in Argentine. In the 20th century, the majority of immigrants came from the European continent. Despite some tempering measures, the immigration to Argentina continues to manifest itself, producing legal consequences. The family relations of foreigners are ruled, like other types of social relations with a foreign element, by private international law. This paper aims to analyse the current state of marriage regulations in Argentine private international law (with brief historical forays to understand the evolution). The scientific impact of this paper is increased by the novelty of the studied legislation and by the low interest that the Romanian doctrine has shown for the legal realities in Latin America. Its conclusions are relevant both to researchers and legal practitioners and to the general public, interested in resolving the many legal issues involved in a marriage with an Argentine citizen or immigration to Argentina.
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Comentariu la Sentința penală nr. 1564 din 9 mai 2019 a Judecătoriei Timișoara și la Decizia penală nr. 903/A din 24 septembrie 2019 a Curții de Apel Timișoara -
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. -
This study accurately describes some of the controversial aspects within the labour legislation: applicability, in terms of probation, of the regulations regarding the period of probation, concluding that art. 31 par. (3) of the Labour Code (termination of the employment agreement without notice and justification) is also effective in this case; decrease of working time from 5 business days to 4 business days per week in case of temporary reduction of activity, with the specification that the alteration of this program can only be operated if a minimum 30 business days reduction of activity has already occurred; the deadline by which the employer must enforce disciplinary sanctions, pointing out that the deadline of 30 days is computed as of the date the employer receives the disciplinary investigation report which qualifies the deed of the employee as disciplinary offence, while de deadline of 6 months is computed as of its time of perpetration; the parties to the collective negotiation at the unit level and the parties to the collective employment conflict at the same level, stating that, in case of such conflict, only the representative union or the employees’ representatives, as the case may be, can act as party on behalf of the employees and not the representative union federation which, under certain conditions, can participate in the collective negotiation; cumulative number of employment agreements with different employers, specifying that, basically, no definite and generally valid answer can be given, as the position of each employer within such agreements is fundamental (if accumulation is accepted and to what extent). In conclusion, the settlement by law of these controversial aspects is suggested.
