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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. -
The subject of our study is, in essence, the successoral transmission, an institution present in all the works of successions and on which one might think that there are no more aspects with a relatively novelty degree. We are trying to show here, however, some of these aspects, resulting, in addition, that the whole matter of the right of inheritance, although it is a classic segment of the civil law, has, however, unexpected reserves of „freshness”, which urge to the research, which offers new perspectives of approach.
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The article approaches some aspects of novelty enshrined in the new Code of Civil Procedure, absent in the old regulation. Thus, we examined and analyzed the provisions of art. 244 of the new Code of Civil Procedure, which establishes, as a general rule, the obligation of the court to grant a hearing date for the submission of written observations. The relevance of the art. 244 is also examined in relation to the prosecutor, the exceptions to the general rule are analyzed, as well as the possibility that the parties have to submit addenda to the written observations, upon closure of the debates, according to art. 394 para. (2) of the Civil Procedure Code. Finally, the court proceeding is reviewed in case the party declares a different remedy than that determined by the court, namely if the court decides a wrong remedy. -
The present study aims to analyze a problem that recently appeared in the criminal procedural practice considering the Decision No 250/2019 of the Constitutional Court by which the provisions of the first sentence of Article 377 (4) and Article 386 (1) of the Criminal Procedure Code were assessed as constitutional only insofar as the court of law rules on the change of the legal classification given to the deed by the act of notification by a judgment that does not settle the merits of the case. By presenting a concrete case study, the opinions expressed in the doctrine and by practitioners, as well as the analysis of the grounds of the decision we will conclude on the applicability of the aforementioned decision at the time of analyzing the more favourable criminal law, whether the procedural institution of changing of the legal classification or that of the legal qualification is incidental, and whether it is necessary to rule on the more favourable criminal law by a separate conclusion. -
The areas where the Civil Code brings regulations lacking in the previous legislation include the controversial area of civil legal acts nullity. As shown throughout this article, many of the current legislative solutions are inspired by the previously existing legal literature and jurisprudence, while others are unique. The author’s main concern is reflected in an attempt to outline some features of the civil legal act nullity as they can be drawn from the new regulation. -
In this article the author analyzes the constitutional text (Article 83 of the Basic Law) which sets the duration of the term of office of the President of Romania. The problem of setting the duration of the term of office of the President of Republic is both a legal problem and a political one, whereas, in terms of electing the President of Romania by direct universal vote, it has a legitimacy equal to that of the Parliament, which confers it the vocation to aspire to an enhanced executive power, in which case it may enter into cohabitation relations with the Government supported by a parliamentary majority hostile to the President of Republic. The author brings into discussion for the first time in the specialised literature and on the basis of the documents of the Constituent Assembly, existing in the Archive of the Senate of Romania, the duration of the five-year term of office of the President, forecast by the Commission for drafting of the Constitution and included in the original form of the Theses suggested by the Commission to the Constituent Assembly. Following the parliamentary debate, the constituent legislators reduced the five-year term of office of the President of Romania to four years. Following the constitutional revision in 2003, the five-year presidential term of office is restored starting from 2009.
