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In the absence of technical basis, the two criticized normative acts, through the refusal of the legislature to consider the reactions of all actors involved and relevant institutions, the legislature has transformed the principles of law and rules of law into abstract and worthless rules that can be violated at any time. The intervention of the Constitutional Court through its two decisions (Decision No 623/2016 and Decision No 62/2017) restored legal order, which was seriously violated by these acts. -
Mediation is governed by Law No 192/2006. In criminal matters, mediation is a restorative practice designed to solve the conflict between the parties involved. For a limited number of offences a criminal mediation agreement has the effect of preventing the initiation of criminal prosecution or ending criminal proceedings. This does not mean that parties may come to an agreement on the criminal aspects of the criminal proceedings as the legislator may seem to let us to believe. The only aspect on which an agreement may be reached concerns withdrawal of a prior complaint or reconciliation of parties in case of certain offences; these are impediments distinctively regulated in the mediation agreement. As a matter of fact, the consensus between parties in criminal proceedings, contained in the mediation agreement, exceeds the limits imposed by what is usually considered as the criminal aspect and the civil aspect of those proceedings. Through their will, parties may limit themselves to an agreement only on civil claims within criminal proceedings. -
The study deals with the directions of the very probable, and at the same time, the possible review of the Constitutional Court. The starting point in this analysis is to identify the Romanian specific in the control of constitutionality of the period before and after the Revolution of December 1989, compared to models offered by other member countries of the European Union. The review of criticisms that have been made ”to the Constitutional Court and the solution chosen by the Constituent Assembly of 1991 will lead in the final part of the study to the drafting of the possible solutions to be considered by the future constitutional review to make the constitutional justice in Romania more legitimate and more effective. -
This paper approaches the theme of disuse as a modality of lapse of the subdivisions of the property right. If the property right, given its perpetuity, does not lapse by disuse, its subdivisions, which are mostly temporary, shall lapse by the failure to exercise the right. The sanction is expressly regulated by the present Civil Code in matters of usufruct and servitude and it is applicable, for identity of reason, to use and habitation. The study also examines the extent of interference of the disuse with the acquiring of the subdivided right by usucaption, as well as the consequences that it might have the legal nature of the limitation period acknowledged to the disuse period. -
The institution of course of justice interruption was first introduced in the criminal procedure of Romania in the Charles II Code of Criminal Procedure (1936), being kept in the current Code of Criminal Procedure [Art. 29 point 5 item b)] and also in the new Code of Criminal Procedure adopted by Law No. 135/2010 [Art. 40 paragraph (4)]. The author shows that the Romanian legislator failed to clarify this phrase, leaving the identification of the cases of interrupting the course of justice to the legal literature, but especially to the case law. The case law of the High Court of Cassation and Justice may conclude that the “interrupting the course of justice” phrase requires the occurrence of a criminal case pending before a court of law which has no possibility of achieving the ultimate goal of the trial due to inapplicability of any of the procedural provisions relating to jurisdiction, so that the competent court to order a legal solution cannot be determined. -
The cases that justify a home search are still the subject of important controversies both in doctrine and especially in practice. Also, the delimitation between the situation in which the criminal investigation agents enter a person’s home in order to carry out a home search and the situations in which the police agents are obliged to enter a home to fulfil their duties is of ten extremely sensitive. It is precisely these controversies that often lead state agents to be reluctant to enter a private space in order to avoid being accused of committing a crime. We hope that this study will prove to be a useful tool in identifying those hypotheses in which it is really necessary to resort to a home search as well as the criteria for delimiting the search and other institutions of criminal procedural law. -
In this study the author carries out a summary of the anti-competitive practices, of the applicable laws at the national and European level, of the investigation and control procedures. Thus, the anti-competitive practices, the different views of the American law system and the European law system are examined regarding these practices and their impact on the national and world economy, the actions taken by the supervision and control authorities for their incrimination, the applicable sanctions. -
Within this study, the author has analyzed, in the light of the new Fiscal Procedure Code and also of the current one, the forms of the sanction of the fiscal obligation and the mechanism of their operation depending on the category of creditors that may be, on the one hand, the fiscal bodies, and, on the other hand, the taxpayers that are entitled to the refund or the reimbursement of some amounts from the public budget. Similarly, the author has made the necessary distinctions between the types of sanctions depending on whether the fiscal claims pertain to the central budget or to the local budget. Finally, the author has analyzed the modalities of granting the delay interests for the failure to refund the amounts from the budget due to the taxpayers depending on the cause which has generated these fiscal claims, respectively the fault of the fiscal bodies or of the taxpayers themselves. -
While the matter of the restoration of real estate abusively seized by the communist state has raised a special interest, both from individuals and from authorities, the subject of the restoration of movable cultural property remained relatively marginalized until the coming into force of Law no. 182/2000, which provides the persons entitled with the possibility of an action for special recovery of movable property, for the purpose of recovering ownership over the movable cultural property illegally seized by the State. This study intends to examine this matter, focusing on the essential aspects of the action for special recovery of movable property put into operation by the lawmaker. -
The enforcement of enforceable titles consisting of judgments regarding budgetary claims, owed on the basis of some contractual legal relationships, which become revenue to the state consolidated budget, was a distinct issue dealt with in the practice of the courts of law, as a result of different legal application and interpretation of incidental legal texts. It was the judicial practice that led to the intervention of the High Court of Cassation and Justice, called upon to issue a preliminary ruling for the settlement of a matter of law regarding the interpretation of the provisions of Article 623 of the Civil Procedure Code in relation to Article 220 (3) and (5) and Article 226 (3) of the Law No 207/2015, in the light of Article 3 (1) of the Law No 273/2006 and Article 3 point 18 of the Law No 69/2010. The solution of the High Court of Cassation and Justice confers the competence of enforcement of the above-mentioned obligations to the tax executors, as executing authorities of the State. -
After the entry into force of the Civil Procedure Code and of the Civil Code which introduced new institutions in the matter of family relationships, the Government Emergency Ordinance No 80/2013 on judicial stamp duties was adopted in order to reflect the new structure and dynamics of civil proceedings, new procedural safeguards afforded to parties in order to ensure a fair trial, as well as to cover additional costs for the development of infrastructure and to ensure the necessary logistics for the implementation of the new legal provisions. This study analyses the application of the provisions of Article 15 of the Government Emergency Ordinance No 80/2013 on the judicial stamp duties. -
The criminal procedure rules according to which the „transfer of procedures in criminal matters” is carried out are comprised in the international treaties and conventions to which Romania is a party, which are supplemented by Law no. 302/2004 on international judicial co-operation in criminal matters, plus the provisions of the Criminal Procedure Code. „The transfer of procedures in criminal matters” entails two manners of performance, according to the capacity in which the Romanian State is involved in its carrying out, namely: - delivery of criminal procedure; - reception of criminal procedure.
