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The article analyzes the jurisdiction of the Romanian court to settle the divorce application in case of spouses, Romanian citizens, who do no longer reside on the Romanian territory. The problems are analyzed in relation to the Community regulations directly applicable in the Member States of the European Union, as well as to the provisions of the Civil Procedure Code in this matter. -
According to the Labor Code (Law no. 53/2003, republished on the 18 of May 2011), the employer, under the pain of absolute nullity, cannot inflict any disciplinary sanction (except the written warning), without beforehand and compulsorily, performing a disciplinary investigation as well, by an individual authorized by the employer to this end. The minimum rules regarding the disciplinary procedure (namely, also those regarding the prior disciplinary investigation) are set forth in the Labor Code and are developed by the Internal Regulations of the unit. Such being the case, this kind of rules cannot be legally established in the collective employment agreement, no matter its level of negotiation (at the level of the unit, of the group of units or of the fields of activity), even if during the period 2007–2010 the national unique Collective Employment Agreement (terminated at present) regulated, against the law, a procedure regarding the (prior and compulsory) disciplinary investigation which included also provisions obviously contrary to the Labor Code. -
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International agreements constitute a category of legal acts within the European Union (EU). They are concluded by the EU acting alone or jointly with Member States depending on the provisions of the founding Treaties. With the entry into force of the Treaty of Lisbon, the European Union (EU) acquired legal personality. It is therefore a subject of international law which is capable of negotiating and concluding international agreements on its own behalf. The external competences of the EU are defined in Article 216 of the Treaty on the Functioning of the EU. The division of competences between the EU and Member States is also expressed at international level. The current division of competences between the EU and Member States is not set in stone. However, the reduction or extension of EU competences is a delicate matter which requires the consent of all Member States and necessitates a revision of the Treaties. -
Potrivit art. 48 alin. (1) C.pen., complice este persoana care, cu intenție, înlesnește sau ajută în orice mod la săvârșirea unei fapte prevăzute de legea penală. Conform art. 174 C.pen., prin săvârșirea unei infracțiuni sau comiterea unei infracțiuni se înțelege săvârșirea oricăreia dintre faptele pe care legea le pedepsește ca infracțiune consumată sau ca tentativă, precum și participarea la comiterea acestora în calitate de coautor, instigator sau complice. -
This study appeared as a result of a case solved in practice and identifies legal issues also common to many other cases, which, as always, is subject to the analysis and to the specialised criticism, the latter being accompanied by any other possible points of view. -
After the entry into force of Article 1541 of the Civil Procedure Code, the judgments will have a different communication regime as compared to the other procedural documents. More precisely, if the party indicates the appropriate data in order to communicate the procedural documents by e-mail, the court will have the obligation to communicate the judgment to the party by e-mail, in accordance with the provisions of Article 1541 (1) of the Civil Procedure Code, however, it will not be obliged to communicate the summons or the other procedural documents to the respective party by e-mail, since with regard to these procedural documents remain applicable the provisions of Article 154 (6) of the Civil Procedure Code, which regulates only the possibility of the court to communicate these procedural documents by e-mail, and not the obligation of the court to proceed in this way. Therefore, we note the existence of an asymmetry, with regard to the communication regime, between the judgment and the other procedural documents, which is why we believe that the legislator should intervene in order to standardize the communication regime of all procedural documents, there being no reason why the respective communication of procedural documents should be carried out differently. -
In this study, after a presentation regarding the establishment of the Commonwealth of Independent States (C.I.S.), in December 1991, the author examines: the legal personality of this international organization; its constituent bodies; the member states of the organization; CIS – present and prospects. -
Potrivit prevederilor art. 60 alin. (1) lit. c) din Codul muncii și art. 21 alin. (1) lit. a) din Ordonanța de urgență a Guvernului nr. 96/2003, interdicția temporară de concediere a salariatei gravide se aplică numai în situația în care angajatorul avea cunoștință la data emiterii deciziei de concediere despre starea de graviditate a salariatei concediate. Deși art. 272 din Codul muncii prevede că sarcina probei în litigiile de muncă revine angajatorului, dovada faptului pozitiv al informării prealabile cade în sarcina salariatei gravide care contestă faptul negativ invocat de angajator că nu a luat cunoștință de starea de graviditate anterior concedierii.
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In order to highlight the civil liability structure, as ensuing from the wordings of the new Civil Code, enacted on October 1st, 2011, the author makes the synthesis of the theories of French doctrine developed in this issue: the theory of civil liability unity, the theory of civil liability duality and the intermediate or eclectic theory. Likewise, there are paraphrased discussions taking place at present, in the French doctrine as well, on the existence and relevance of contractual liability. The author presents thereafter echoes that these theories and discussions had within the framework of Romanian doctrine and jurisprudence during the last century. Acting towards the analysis of the wordings under the new Civil Code regulating civil liability, it is concluded that their editors have adopted our contemporary doctrine theory, under which civil liability is unique in its essence, and dual under the legal regime applicable to it. Therefore, following the criterion of the legal system, the well-known dichotomy is preserved: tort liability and contractual liability. -
Domestic violence is a social problem of contemporary communities, including the Republic of Moldova, because it has not yet found effective preventive solutions and there is no consensus on the coherent definition of domestic violence, especially when it comes to the criminological side of this phenomenon. Therefore, following the research of the specialized literature and various normative acts, we can define the crime of domestic violence as a negative social-legal phenomenon, with mass character, variable from a historical point of view, which consists of all illegal acts (crimes and misdemeanors) committed intentionally against family members, as a rule, for the purpose of controlling and dominating them, which causes physical, psychological or material damage, committed in a certain territory, in a certain period of time characterized by quantitative indices (level and dynamics) and qualitative (structure and character). -
The author explains in detail the concept of “civil servant”, according to the interpretation of the provisions of art. 175 of the new Criminal Code adopted by Law no. 286/2009, attempting to reveal both the merits and the limitations of the interpretative rule examined contextually. The author examines each of the categories of persons falling, according to the lawmaker’s wish, under the notion of “civil servant”, which he accompanies with examples, at the same time mentioning numerous decisions of the courts of law keeping their validity in relation to the provisions of the new Criminal Code as well. In the end, following the analysis made, the author reaches certain conclusions and formulates some de lege ferenda proposals aimed at improving the text examined.
