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Although the legal doctrine has been less concerned with this subject matter, there are some papers elaborated under the influence of the previous regulations, however, there are quite a few recent papers. In this article, the author makes an analysis of the offences of this special regulation, preferring a classical approach of the subject, the structure being as follows: 1) a brief history of regulations in the field of fishing and aquaculture; 2) the analysis of the offences in terms of constitutive elements, but having in view that some elements are common to all offences, such as, for example, the legal object; these are analyzed by groups, in order to avoid repetition; 3) a few elements of comparative law, by exemplification of some incriminations in the specific legislation of other States. -
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Asociația Internațională de Filosofie a Dreptului și Filosofie Socială (I.V.R.)1 a fost înființată în anul 1909 la Berlin, ca „Asociația Internațională pentru Filosofia Dreptului și Filosofie economică” și redenumită apoi, în 1933, „Asociația Internațională pentru Filosofia Dreptului și Filosofie socială”. I.V.R este cea mai veche, cea mai mare și importantă organizație în domeniul filosofiei dreptului și filosofiei sociale. Reorganizarea I.V.R. pe secțiuni naționale a fost decisă la Viena în 1959. Astăzi, I.V.R. are mai mult de 40 de asociații naționale membre (între care și asociația națională română), cu peste 2000 de membri în întreaga lume. Asociația este înregistrată, în temeiul legislației germane, și are sediul în Wiesbaden. Scopul său principal este de a sprijini și de a promova filosofia juridică și socială la nivel național și internațional. I.V.R. organizează congrese mondiale, la fiecare doi ani. Publicația oficială a I.V.R. este o revistă internațională, Archiv für Rechts-und Sozialphilosophie. -
The Decision of the Constitutional Court of Romania No 405/2016, referring to the plea of unconstitutionality of the provisions of Article 246 of the Criminal Code of 1969, of Article 297 (1) of the Criminal Code and of Article 132 of the Law No 78/2000 on preventing, discovering and sanctioning of corruption acts (hereinafter referred to as „Decision No 405”)1, is not a mere interpretative decision2 whereby, following the admission of a plea of unconstitutionality, it is established that a text of law is constitutional only provided that a certain wording has a certain meaning3. The recitals of the Decision No 405, to which there have been added, shortly after, those included in the Decision No 392/2017, referring to the plea of unconstitutionality of the provisions of Article 248 of the Criminal Code of 1969, of Article 297 (1) of the Criminal Code and of Article 132 of the Law No 78/2000 on preventing, discovering and sanctioning of corruption acts4 (hereinafter referred to as „Decision No 392”), have emphasized the fact that the current rules of incrimination of the deeds of abuse of office, once clarified the meaning of the phrase „defectively fulfils”, still establish a criminal liability that rather acts with priority, and not according to ultima ratio principle, and the constitutive elements of the offence do not meet the standards of drafting of such legal norms identified in the case law of the European Court of Human Rights (hereinafter referred to as „ECHR”), the United Nations Convention against Corruption5, as well as in various reports and positions assumed by the European Union bodies on this subject. For the assumption that these observations of the Constitutional Court would determine the legislator to reflect on the necessity to reconfigure the legal provisions in question, the Court has indicated certain points of reference that should be considered in order to ensure a regulation compatible with the international and European standards mentioned. -
In this study, the author makes an analysis of the provisions of Article 2319 of the new Romanian Civil Code, which entered into force on 1 October 2011, a text according to which „the personal guarantee ceases to exist following the death of the personal guarantor, although there is a contrary stipulation”, in relation to the general rules of principle of the Civil Code regarding the death of a contracting party (the natural person), respectively the cessation of the capacity of use (in case of the legal person). It is mentioned that the solution regulated by Article 2319 of the Romanian Civil Code did not exist in the previous Romanian Civil Code (of 1864), being taken from the Civil Code of the Province of Québec (Canada).
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The present study aims mainly to identify those wordings in Law no. 287/ 2009 on the Civil Code which apply to testamentary inheritance issues that have certain shortcomings, and to find, as much as possible, the best solutions for remediation thereof. -
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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Starting from the specifics of the action in deficiency in the European Union law, the author pleads for the reconsideration of this action in the Romanian administrative law, as a legal means of stimulating the public administration in exercising the attributions regarding the organization of the law enforcement, so that it can become concretely applicable. In this sense, there are presented the theoretical and practical considerations that converge towards the recognition in our law as well of the defective action in accordance with the provisions of the European Union law, as well as the proposals de lege ferenda regarding the reconfiguration of the legal regime of this action. -
European democratic societies have shown, in recent years, an increased interest in reforming justice, the aim being to make more efficient the process of administration thereof. Likewise the efficiency of justice is a complex and continuous process which involves, among other things, guaranteeing the quality of the judicial decision and resolving the cases within a reasonable time. Within the present approach the author made a radiography of the most important reforms initiated and partially carried out in France, Italy and Spain. The investigation carried out has led to the conclusion of the existence of some common regulatory trends, but also to the existence of some different solutions. Common trends have been identified in terms of judicial organization, distinguishing itself a process of concentration of jurisdictions and of specialization thereof. The most significant example from this point of view is that of France, a country where a recent reform has led to the merger of the courts with the high courts. The courts resulting from this concentration are called judicial courts. In Spain, the justice reforms were initiated in 2001 following the conclusion of a „State Agreement” between the Government, the People’s Party and the Socialist Party. In Italy in recent years it was undertaken a reform which led to the increase in the competence of justices of the peace. In all the mentioned states there was also a marked tendency towards making more efficient the alternative ways of resolving the conflicts. Different procedural and judicial options were found regarding the composition of the superior councils of the magistracy, the organization of judicial inspections and the organization of the Public Ministry. Such options take into account the particularities of each judicial system, which excludes a total uniformity and are part of the democratic processes aimed at consolidating the state of law.
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The objectives of the research contained in the article consist in the examination of the immunity and of the criminal liability of the Romanian parliamentarians over the time according to the rules of the Romanian law, with a focus on the present provisions. The results of the research shall be summarized to the need for keeping the parliamentarians’ immunity also in the future provisions of the constitutional and criminal law, especially on the absolute immunity regarding the opinions and the votes expressed in exercising the mandate granted by the poll. Likewise, the author considers that a certain partial immunity has to be kept as well, as regards other actions of the criminal procedural law, such as: the inquisition, the detention, the attachment and the arraignment. The paper may be useful to the theoreticians, practitioners, as well as to the constituent legislator, considering the need for the amendment and supplement of the present fundamental law. The value of the article consists in the examination of the constitutional and criminal provisions regarding the criminal liability of the Romanian parliamentarians, as well as in the critical opinions and the filed de lege ferenda proposals. -
In this article, the author proposes to make some theoretical and practical reflections on the definition of the law. Until now, in no law school and no judicial culture system it was formulated a definition of the law, to be accepted as a universal definition. Latin jurists – to whom the entire European judicial civilization is related – have not even been preoccupied with defining the law, but they have left us as legacy several definitions of the law, that is of positive law. The author points out that the scientific concept of law depends on the particularities of the judicial regulation of the social relations, which are different from country to country and from one national judicial system to another. It would be very difficult to formulate a universal definition of the law, given that each people has its own psycho-social characteristics which can not be accommodated with similar characteristics of other peoples. The author considers that in democratic societies, based on the principles of the state of law and which have at the centre of their public policies the individual, through law it is achieved a balance between the power of the state and the autonomy of the individual will. By law it is ensured the respect for the fundamental values of the nation, a democratic government centred on the sovereign will of the nation, as well as the individual rights and freedoms of citizens. In conclusion, the author points out that the law-making process in any state must be legitimate, namely it must express the will and fundamental demands of the citizens, the most general interests of the population. Finally, the author proposes a set of formal requirements-criteria for assessing the laws passed by the Parliament. -
Following the observations submitted to the Court of Justice of the European Union in the Case C-69/14 Târșia1, EUCJ gave, on 6 October 2015, a preliminary ruling, which held that: the Union law, in particular the principles of equivalence and effectiveness, must be interpreted as not precluding, in circumstances such as those in the dispute in the main proceedings, a national court from not having the opportunity to review a final judgment delivered within civil proceedings, in case this judgment proves to be incompatible with an interpretation of the European Union law retained by the Court of Justice of the European Union subsequently to the date on which the mentioned judgment became final, even if there is such a possibility in respect of final judgments incompatible with the European Union law, delivered within some administrative proceedings.
