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The study devoted to the loan contract resumes in a new form, determined, indeed, by the new Civil Code as well, this type of contract with a millenary existence, which has its roots in the Roman Age. The study emphasizes the evolution in time of the loan contract, from the essentially free loan, concluded between relatives, friends, acquaintances, a contract in which the moral precepts, including those related to religious morals, were extremely obvious, to the current loan contract, with an onerous variant, a contract that, without having lost its viability, has become extremely topical, useful. The study also emphasizes the form in which the Civil Code has insisted on regulating this type of contract, under the more or less beneficial influence of the doctrine and of the case law prior to its adoption. We tried, where we found it necessary, to go beyond the traditional patterns of the contract, as it is regarded by a significant part of the doctrine, and to accredit other points of view, being fully aware of their fragility. Last but not least, we tried to adapt the theories of some pragmatic exigencies, which, ultimately, should prevail over any constructions more related to the philosophy of law, not to the changing law. -
This study aims to advance solutions in view of determining the effects triggered by decisions issued by the Court of Auditors, establishing the unlawfulness of granting certain rights through collective labour agreements concluded at the level of public institutions financed entirely from own revenues, on the clauses of the collective labour agreement by which those rights were established.
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From the time of the four Geneva Conventions (1949) and the 1st Additional Protocol to those (1977) till present days, the notion of belligerency has extended and restructured itself. The evolutions of terrorist groups from the national level of organization to transnational level start to raise the question of the legal qualification of those structures from criminal groups to belligerents. Has the terrorist group got beyond the borders of national law and start to acquire a legal personality in the international law of armed conflicts? In the present study we will start from the classical definitions of the international armed conflict, non-international armed conflict, then observe the evolution of those notions under the case law of the international criminal tribunals set off by the United Nations for Rwanda and former Yugoslavia, as well as the Status of the International Criminal Court, all reflected in contemporary legal doctrine. At the end, we will analyse the capacity of the terrorist group as armed conflict generating factor.
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Prin Hotărârea Guvernului nr. 196/20161 au fost aprobate tezele preliminare ale proiectului Codului administrativ, a cărui adoptare ar permite folosirea unei terminologii unitare pentru aceleași realități juridice, instituții, principii și concepte, reducându-se astfel riscul interpretării lor diferențiate și contradictorii în practica administrativă, precum și în doctrina de specialitate. Codificarea cadrului legal din domeniul administrației publice prin intermediul unui Cod administrativ și al unui Cod de procedură administrativă urmărește simplificarea legislației în domeniul administrației publice, obiectiv urmărit și în Strategia pentru consolidarea administrației publice în perioada 2014–2020, aprobată prin Hotărârea Guvernului nr. 909/2014.
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Starting from the contents of the preliminary theses which seem to announce the imminent entry into force of a new Administrative Code, this study proposes an analysis on a double level: on the one hand, by establishing some correct relations both with the future Administrative Procedure Code and with other hypothetical future codes (the Urbanism Code, the Domain Code, the Contraventional Code, etc.), the matter to be regulated by this new Code should be decided: from a minimalist vision (the central and local public administration plus, possibly, the public function and civil servant) to a maximum one (additionally, the same Code is also going to cover the matter of public services, of goods belonging to the administration, of administrative liability respectively), for reasons of pure opportuneness it is for the legislator to delimit this Code from others which he envisages in the more or less near future. On the other hand, we have approached, at the level of legal details, some problems that, de lege lata, do not have a solution at all or have a questionable solution: the matter of cessation by right of the mandates of the mayors convicted to custodial sentences with suspension of the punishment under supervision, of the mayor’s quality of the State's representative, the daring solution of repealing the provisions of the Civil Code referring to the public property and their development in the Administrative Code, establishing a clear distinction, as far as possible, between the liability (to third parties) of the administration from that of its authorized person (a public servant, as a rule), to mention only the most important ones.
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This article presents one of the issues of administrative law, namely its codification, by using the comparative study and the diagnosis analysis. Based on the inventory of the essential elements of the preliminary theses the conditions of the subsequent evolution of the Administrative Code in Romania are identified. The study emphasises the necessity to correct the existing normative framework and the thorough analysis of the social necessities. At the same time, the article draws attention to the necessity to adopt the Administrative Procedure Code with major role in the simplification and stability of the legal relations of the public administration with the other social protagonists. The diversity of meanings on the administrative codification from other states reflects the place and role of the Administrative Code in the Legislative Repertoire, but also its corroboration with the sectoral codes. The article points out, by recommendations, the normative requirements regarding the proper functioning of the public administration and draws attention to some measures that can be implemented within the limits of the current legal framework.
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The Government Decision No 196/2016 has approved the preliminary thesis of the draft Administrative Code. The Government’s intention to give an incentive to the adoption of the Administrative Code, although it is salutary, is not the first. In recent years, several other proposals circulated in Romania for the adoption of an Administrative Code, which however have not been successful, so that, more than 25 years after the change of the political regime in our country, the practitioners, as well as the theorists of the administrative law are confronted with an unsystematized legislation, lacking coherence here and there and generating very different jurisprudential solutions, as well as administrative practice solutions. Within this study, the author intends to discuss some specific issues raised by these theses of the draft Administrative Code, namely: the unity and the ideological and, implicitly, terminological coherence in the administrative law; the organisation of the central public administration, including of its relations with its decentralized structures; the status of the civil servants, as well as the status applicable to the contractual staff of the public administration and the organization, functioning and disputed claims of the public services.
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The amendment of the procedural rules concerning the access to justice of the European nationals, by the entry into force of the Treaty of Lisbon (1 December 2009), has required a rapid and effective reaction of the Court of Justice of the European Union; from this perspective, the new configuration of the criteria of admissibility of the actions brought by the so-called unprivileged applicants – natural or legal persons of private law – needed a reassessment of the aspects of material law (regarding the European acts that can be challenged) and, at the same time, of processual law, especially regarding the temporal application of the procedural rules. Despite the relatively short time interval, the Court in Luxembourg captured, in its recent case law, the much more flexible character of the rules of admissibility of the action for annulment, as provided in Article 263 paragraph 4 of the Treaty on the Functioning of the European Union.
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Instanța de control judiciar a decis că sesizarea formulată de judecătorul delegat cu executarea, întemeiată pe dispozițiile art. 583–585 C.pr.pen., este admisibilă și, în consecință, se va proceda mai întâi la anularea suspendării sub supraveghere a executării pedepselor aplicate pentru fapte aflate în concurs și, în continuare, în mod logico-juridic, se va proceda la contopirea acestor pedepse (cu notă aprobativă).
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Un eveniment major al istoriei unui popor și aniversarea sa, precum Centenarul Marii Uniri (desăvârșirea procesului de constituire a statului național unitar), reprezintă pentru știința națională ocazia, după caz, deopotrivă de evocare și evaluare peste timp a semnificațiilor aferente din perspectivă proprie și, respectiv, de privire asupra sine însuși, surprinderea evoluțiilor și progreselor înregistrate în dezvoltarea proprie, a provocărilor prezentului și a posibilităților viitorului. Din acest punct de vedere știința dreptului are o implicare specială. Într-adevăr, prin natura și consecințele sale, ceea ce s-a întâmplat și realizat acum o sută de ani reprezintă, prin excelență, un proiect politico-juridic și poartă o puternică încărcătură prospectivă. Cercetarea dimensiunii juridice indispensabile și prioritare a procesului de constituire, desfășurare, desăvârșire și consolidare a statului unitar român, a permanențelor și manifestărilor și urmărilor sale de azi și de mâine a fost și rămâne o prioritate pentru știința juridică românească. -
In this study, based on solid historical and legal documentation, the author argues that the completion of the Romanian unitary national state in 1918 was achieved during a long process of unification: first, the Romanians from the two main countries, Muntenia and Moldova, were united in 1859 in a national state, and then, those from other Romanian historical provinces, which were illegally encroached in the borders of neighbour empires, acted with perseverance for the accomplishment of their national and state unity. The study is divided into four distinct parts. In the first part, the author presents, based on documents, testimonies and memoirs, the idea of Romanian national and state unity as an essential coordinate of the history of the Romanian people. The acts of unification of the Romanian historical provinces with the Romanian Kingdom have legal base on the principle of nationalities and their right to free determination, rights recognized by the victorious powers of the First World War as a basis for solving the territorial aspects generated by the dismantling of the Austro-Hungarian Monarchy and the Tsarist Empire. The acts of union, carried out by popular will expressed in large representative national assemblies, were ratified by acts of national sovereignty by the Romanian State and recognized as such by the 1919–1920 Peace Conference in Paris. The second part emphasizes on the constitutive character of the acts of union with Romania, voted by the constituent national assemblies of Bessarabia, Bukovina and Transylvania during 1918. The article contains documentary data and information about the national liberation movement of Romanians from the three provinces, Bessarabia, Bukovina and Transylvania, and the actions taken for their unification with the Kingdom of Romania at the end of the First World War. In each of the three Romanian historical provinces, various assemblies in which the participants declare their determination for union were formed. The Moldavian Soldiers’ Congress, attended by 800 delegates, represented a large representative body of all social strata and ethnic groups in Bessarabia. The Congress delegates voted for the political and territorial autonomy of Bessarabia. The Congress also decided to establish the council of the country, a parliamentary body made up of representatives of all the nationalities existing on the territory of Bessarabia. On 14/27 March 1918, the council of the country adopted a resolution in which was proclaimed solemnly the eternal union of Bessarabia „with the mother Romania”.
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Take Ionescu was one of Romania’s most remarkable politicians at the end of the nineteenth century and the beginning of the next one, especially before and during the First World War. He was active in politics over 30 years, especially within Conservative Party, whose leader wanted to become, but without success, the competition being intense along with great figures of the Romanian politics of those times: Petre Carp, Alexandru Marghiloman, Nicolae Filipescu, George Gr. Cantacuzino and others. He was one of the brightest orator in the Romanian Parliament, being known and feared by the close logic of his interventions and his great popularity, which attracted close to him many and valuable persons, among them: Constantin Dissescu, Nicolae Titulescu, the historian Xenopol, Dr. C. Istrati, etc. Among his qualities were seriousness and competence, approaches on multiple plans, which was why he was minister in seven governments and, towards the end of his career, was for the short time Prime Minister of the Government. He formed a dissident Conservative Party, which played an important role in the first decades of the 20th century, participating in the exercise of power with other political parties. Take Ionescu was one of the most conscious fighters for the cause of the Great Union of all the Romanians, tirelessly militating for participation in the World War I, along with the Entente countries, which they supported. He was intended to play an important role at the Peace Conference in Paris, but vanities and politicking games made to be absent from this event, where his contribution would have been particularly useful. In the end, as Foreign Minister in the Government of General Averescu, Take Ionescu was the architect of the Balkan Pact, which his disciple Nicolae Titulescu put into practice.
