The present scientific approach, springing from the practical, concrete needs, appeared in the space of manifestation of the role of one of the fundamental institutions of the Romanian state, is based on the wider and more complex reality of Romania’s international commitments, particularly the issue to fulfil the obligations arising from its status as a full member of the European Union, in terms of the application of European law, in respect of its fundamental values in relation to the national legal order, especially the priority over the rules of national law. At a conceptual, theoretical level, given these decisive influences of European law on the process of creating Romanian law, in the effective crystallization of the sources of positive law, by virtue of Romania’s accession to the EU treaties, the article intends to assess some possible coordinates of the process of reform of the Legislative Council, under the aspect of its obligations on the line of legislative harmonization, in application of the provisions of Article 79 of the Constitution, regarding the essential role of this institution in terms of systematization, unification and coordination of all national legislation. From such a perspective, it is confined to the research of the correlation between the needs of the state, in this case the obligations imposed constitutionally on all public authorities, according to Article 148 of the fundamental act and the concrete realities of the phenomenon, in the projection of the organization and functioning of the Legislative Council, the author advances concrete solutions meant to ensure its institutional adequacy to the weight and dynamics of the European legislation, in a continuous change, in the context of increased institutional efficiency.

The present study intends to reveal the complexity of the serious humanitarian problems generated by the migration of the population in today’s world, emphasizing the causes, the effects, but especially the democratic mechanisms to address this matter. We intend to reveal a series of legal mechanisms, made available to the national executive authorities in order to combat this phenomenon, but also the legal instruments and the procedural ways of solving the applications for asylum, formulated by the persons who are in a situation of separation from their countries of origin, often against their will. At the heart of this legal system for solving migration, with continental valences, there are the courts of law, which have the tutelary role in solving the legal matters related to these problems. We will present in this study a series of solutions of the judicial practice, having as finality the exemplification of the way of correlation of the legal institutions created by the national legislator and by the European Union in order to solve the aspects related to the phenomenon of migration. In this way we intend to offer both to those who are beginning the initiation into the mysteries of law and theorists and to those involved in the activity of judicial practice of solving the applications for summons, a useful and easy, also well-documented and exemplified, tool of information regarding the way of solving the contestations against the decisions of the administrative institution legally competent to solve the applications for granting the refugee status. We will reveal both the national practice and the one in the field of the Court of Justice of the European Union, these examples of judicial solutions being meant to give us a balance in approaching the legal problems of migration.

In the study it is emphasized that the main effect of the fidejussion is represented by the obligation of the fidejussor to execute the obligation of the debtor, in case the latter does not fulfil it voluntarily. I have shown that by invoking the exception of the discussion, the conventional or legal fidejussor uses the faculty to ask the creditor, who has started the prosecution against him, to pursue first the assets of the principal debtor, within the limits of the value of the principal debtor’s assets, which the fidejussor will indicate to the creditor. This means of defence by which the fidejussor seeks its exemption from the execution in whole or in part of the obligation of guarantee, derives, on the one hand, from the ancillary nature of the obligation of guarantee and, on the other hand, from the very legal relation of fidejussion.

The present study intends to analyze the principle of preeminence of law and a few perspectives over this principle, especially the common law perspective. The author starts from the premise that the principle of preeminence of law is a common European value on which any democratic state must be founded, being the essence of the state of law and also an element of the common heritage of the Member States of the Council of Europe. The author has, as a research hypothesis, the fact that the history of Romania and its political course in the last century raises problems of understanding a philosophy based on the concept of preeminence of law. Coming after a period of communism, in many respects our country has passed from one extreme to the other, from many restrictions to too much freedom and legislative or power void, from a typology of totalitarian regulation to a form sometimes too liberal, which causes a functional instability of the state as a whole. One can notice that the elaborated study has as objectives the analysis of the general concepts recognized in common law regarding the preeminence of the law for the development of the Romanian legal doctrine in order to deeply understand and fully implement this principle in our legal system, and – more broadly – in our society. Regarding the research methods, the comparative and the quantitative method have been predominantly used, with elements that refer to the sociological and historical method. Notions and concepts specific to common law-type systems have been presented in order to identify possible solutions for taking over and integrating these concepts in our legal system. From the point of view of the results of the research, it has been concluded that the preeminence of law is aspirational and, therefore, it is a matter of degree. From the perspective of our country, we have shown that we have not yet succeeded in overcoming the horrors of the past, with reference here to the ideologies, philosophies and mentalities that have become part of us in the last century. Things are constantly evolving, but we have failed to achieve the level of civilization and understanding that exists in true democracies, one of the causes being the inconsistency of the choices we have made in the last 32 years. Regarding the theoretical and practical implications of the study, they consist in understanding some specific concepts developed in the common law-type systems, the need to implement and fully assume, at society level, the principle of the preeminence of law, with all its components and mechanisms, as well as of the awareness of the current historical moment, in which we must progress at the level of society towards the ideal of a developed and happy society.

Prin renunțarea la dreptul de a invoca accesiunea, proprietarul fondului abandonează prerogativa folosinței terenului în favoarea proprietarului construcției, pe toată durata de existență a acesteia, generând un mod atipic de naștere a dreptului de superficie, acceptat în sistemul Codului civil din 1864 și prevăzut expres în sistemul actualului Cod civil la art. 693 alin. (4) teza I. Așadar, în forma sa deplină, superficia ca dezmembrământ al dreptului de proprietate imobiliară are în conținutul său proprietatea asupra construcției și prerogativa folosinței terenului (ca atribut al proprietății, iar nu doar o simplă stare de fapt protejată juridic, atribut transmis pe durata de existență a construcției de către proprietarul fondului către constructor). Or, așa cum am arătat mai sus, prin contractele de închiriere pârâta a transmis folosința terenului ca și obiect al unei obligații personale pentru o anumită durată, și nu ca atribut al proprietății, pe toată durata existenței construcției. (Curtea de Apel Timișoara, Secția I civilă, Decizia nr. 114 din 30 iunie 2021, www.rolii.ro)