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Having regard to the number of judgments delivered in the field of property and of expropriation against Romania by the European Court of Human Rights, it is necessary to present the relevant principles which this court has set out, principles which the national judge is bound to observe and to apply to concrete cases, in accordance with the provisions of Article 20 of the Constitution. The principles not correlated with actual examples would be devoid of content, therefore the presentation of the most important examples on the basis of the state of fact emphasizes the correct reasoning of the Court, the more so as it has a limited competence to verify the compliance with the domestic law1, attribution which is the responsibility of the national judge. -
Potrivit art. 246 C.pen., fapta de a îndepărta, prin constrângere sau corupere, un participant de la o licitație publică ori înțelegerea între participanți pentru a denatura prețul de adjudecare se pedepsește cu închisoarea de la unu la 5 ani. Conform art. 244 alin. (1) C.pen., inducerea în eroare a unei persoane prin prezentarea ca adevărată a unei fapte mincinoase sau ca mincinoasă a unei fapte adevărate, în scopul de a obține pentru sine sau pentru altul un folos patrimonial injust și dacă s-a pricinuit o pagubă, se pedepsește cu închisoarea de la 6 luni la 3 ani. Articolul 25 alin. (3) C.pr.pen. prevede că instanța, chiar dacă nu există constituire de parte civilă, se pronunță cu privire la desființarea totală sau parțială a unui înscris sau la restabilirea situației anterioare săvârșirii infracțiunii (cu notă parțial aprobativă). -
The expertise, object of analysis of the present article, constitutes an evidence whose administration is frequently encountered in the judicial practice in civil matters, being imposed in order to clarify some factual circumstances through the specialized contribution of an expert. Thanks to its high degree of precision in determining the factual circumstances of the litigious situation, the expertise is one of the most edifying evidence administered in a trial, being necessary, as such, a thorough knowledge of its legal regime, but also of the issues that envisage the specialization of the expert appointed to carry out the expertise and set its objectives.
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This study analyzes the consequences of the intervention of a more favourable retroactive contraventional law (in a broad sense) both in terms of substantive law and in terms of the procedural instruments which establish the intervention of this norm. Analyzing the incidental legislation in the light of the provisions of the criminal law, which constitutes the „general law” in the interpretation of the rules of the material contraventional law, according to the provisions of Article 47 of the Government Ordinance No 2/2001, we came to the conclusion that both the decontraventionalisation law and the more favourable contraventional law operate by law, the bodies with attributions in contraventional matters “noting”, and not “pronouncing” the effects generated by the intervention of the more favourable law in a broad sense. This conclusion transposed at procedural level required a concrete analysis of the procedural institutions by which the effects of the retroactive law are taken into account depending on the procedural moment in which it intervenes.
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The state of emergency is one of the two exceptional measures regulated by the Romanian Constitution and by the Government Emergency Ordinance No 1/1999. It is a set of exceptional measures of a political, economic nature and of the nature of public order instituted when there is a serious danger for the national security and the functioning of constitutional democracy. Another legal reason to declare a state of emergency is to avoid a calamity or to exhaust the effects of a disaster. Inevitably, the measures adopted during the state of emergency lead to the restriction of the exercise of certain rights and freedoms, which is why constitutional and legal guarantees must be ensured in order for this restriction not to be abusive. The state of emergency is established for a period of maximum 30 days by decree of the President of Romania. The measures ordered by decree must be approved by the Parliament within a period of maximum 5 days. Contradictory opinions have been expressed in the doctrine regarding the legal nature of the decree of the President of Romania and of the acts issued pursuant to this decree (military ordinances and orders). Recently, the constitutional contentious court and the administrative contentious courts have ruled on the legal nature of administrative acts issued under the state of emergency. The next step in the evolution of this problem should be the reform of the normative framework regarding the exceptional states in accordance with the current provisions of the Basic Law, with the constant case law of the constitutional contentious court and, last but not least, with the approaches of some similar European regulations.
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În România, dreptul de proprietate privată este unul esențial, fiind prevăzut în Constituție1 în cadrul capitolului II referitor la drepturile și libertățile fundamentale. Acest act normativ reglementează dreptul de proprietate privată în mod detaliat, în cele nouă alineate ale art. 44. Pentru a reglementa acest drept, legiuitorul constituant a avut la dispoziție un vast material documentar, format în primul rând din dispozițiile vechiului Cod civil referitoare la proprietate și la regimul ei juridic, bogata doctrină acumulată între timp, precum și practica judiciară a instanțelor, toate acestea fiind adaptate la dinamica continuă a vieții sociale și a circuitului civil din societatea românească, la care se adaugă dreptul comparat în materie
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Cloud Computing is considered one of the most significant advances in information technology. Specialists agree that in a matter of a few years, almost all data will be in the Cloud. The field of digital forensics has grown rapidly over the last decade due to the rise of the Internet associated crimes and different frauds. Cloud forensics is the process of identifying, preserving, analyzing and presenting digital evidence in a manner that is legally acceptable. Traditional computer forensics consists in collecting data where the system is located. Cloud forensics is difficult because there are challenges with data location, multi-tenant hosting, synchronization problems and techniques for data segregation. In this paper we focus on the different stages of a Cloud Computing forensic search. For each phase of the Cloud forensic process, we have included a list of challenges and analysis of their possible solutions. Our research indicates that some problems are technical and others are legal, however the biggest challenges are not technical but legal.
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The study is devoted to the institution of civil tort liability, namely the matter of reparable prejudices, with a special look at the special assumption of liability consisting in the damage to the right to one’s own image, as a right of the human personality. The analysis has as its starting point the presentation of a case-law solution, whereby the court has awarded civil damages for non-property prejudices caused by committing an illegal act, consisting in the launching, without the consent of the complainant, on a social networking site of wide circulation – Facebook, of a blog for public debates about his professional work, in which he has used his image, without obtaining prior consent. As objectives of our research, we have established the conditions for the reparable prejudices under the tort liability, followed by an analysis of the special liability assumption by bringing prejudice to the right to one’s own image, as right of personality. In the realization of the study, through the results obtained, we have found that this way of approaching the topic by presenting a case study followed by a doctrinal analysis can be a useful tool for theoreticians, but also for the practitioners of law, in achieving the topicality and complexity of the problems, from the perspective of the legal discourse of the controversial issues, as well as of the didactic one. -
According to the title of this study, the author carries out a thorough analysis of the legal institution of acquisitive prescription in the new Romanian Civil Code (Law no. 287/2009), a Code adopted by the Parliament (but not yet in force) in relation to the same legal institution, as it is legally configured in the Civil Code still in force (since 1865). -
Assuming the many relationships between cybercrimes stipulated by Law no. 161/2003 and Law no. 365/2002, as well as between those and criminalization under the Criminal Code in force, the author seeks an analysis which could highlight the concerns that may arise in this context. Also, given the applicability title various criminal provisions acquire in a particular concurrence of skills, the author found it necessary to identify the specific indictment’s wording to be applied first, based on an analytical process. These findings were also analyzed with regard to the provisions of the new Criminal Code, verifying whether the new regulations preserve or not the concerns identified within current legislation. Last but not least, reasoning used in the literature in the matter was considered as well as the judicial practice solutions to see how they have resulted in the appropriate identification of the indictment’s wording applicable. -
The article proposes solutions in the case of concurrence between the reopening of the criminal trial in case of judgment in the absence of convicted person and the resumption of the time limit for appeal, and after an analysis of the two procedures and a comparative analysis of the ordinary and extraordinary means of appeal, it concludes that the reopening of the criminal trial is an extraordinary means of appeal.
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An employment contract is decisively characterized by the relationship of subordination between the parties, which distinguishes it from a civil contract. The reclassification of a civil contract as having the legal nature of an employment contract can be done by the labour law court, by the fiscal control body and, more recently, even by the labour inspector. The paper analyzes the criteria under which such reclassification can intervene, what are its traps and its effects. It is finalized with a series of proposals aimed at simplifying the reclassification operation, as well as providing legal certainty.
