-
The need of instituting specialized jurisdictions in a given area is generated by the existence of a specification of the branch of law, of its major particularities and the scale of the litigation that this jurisdiction is called to resolute. Starting with the second half of the twentieth century, environmental law has claimed its autonomy as a new branch of law and scientific field, having its own principles, and centered on the fundamental right to sane and ecologically balanced environment. The need to increase the effectiveness and to assert its specificity has determined in a number of states various judicial experiences, identifying the trend of environmental specialization in this field. In Romania, the volume of the environmental litigation doesn’t seem to prioritize the creation of a special jurisdiction, but the complexity of the matters, the limits of the classical jurisdictions in solving them and the imperative of assuring the effectiveness of the environmental legislation demand for triggering a phased process of institutionalization of such specialized jurisdictions. -
This article aims to analyze a recent normative act through that were amended and supplemented the normative acts in matters of education, respectively, the Law on national education No 1/2011 and the Government Emergency Ordinance No 75/2005 on quality assurance in education. The approach is focused both on procedural aspects of the adoption of administrative act, in order to determine how the constitutional requirements have been met, but also on the substantive issues, that aim some of the legislative solutions which it enshrines. Among them, the article paid a special attention to the consecration, for the first time in the Romanian legislation, of the possibility that the holder of a scientific title can give up to it. In our opinion, the newly introduced rule has some weaknesses, both in terms of how it is written, but also on the legitimacy of the solution itself. -
In this article, the author analyzes the parliamentary procedure for the review of laws, pursuant to the request of the President of Romania, in the light of the case law of the Constitutional Court. In its judicial practice, the court of constitutional administrative disputes found that the provisions included in the parliamentary regulations of both legislative Chambers, which regulated the procedure of review of the laws on the initiative of the President of Romania, do not comply with the constitutional provisions. The author analyzes in detail the objections of unconstitutionality of the Constitutional Court and shows, in the end, that the elaboration of a clear, unambiguous parliamentary procedure is necessary in order to review the laws following the request addressed by the President of Romania, which reflects the letter and the spirit of the constitutional provisions. -
The study examines, under multiple aspects, the relationship employer – employee in terms of protection of the personal data of the latter. There are identified, as being applicable, the legal rules contained in the Labour Code, in the Civil Code and in other normative acts, but also in the European and international regulations. It clarifies, in practical terms, the concrete modalities (internal regulation, individual labour contract, addendum) which may set the rules in this matter for each employer. -
The aim of the present paper is to cover the main aspects regarding the legal treatment of witness protection in the Romanian criminal legislation by presenting, from a critical standpoint, the current regulation of the witness protection. The authors analysed essential aspects regarding the protection of threatened witnesses, the protection measures ordered during the criminal investigation, the protection measures ordered during the trial or the protected witnesses hearing, as well as the protection of vulnerable witnesses by reporting to the European Convention of Human Rights provisions and jurisprudence. Also, the present paper analyses the probative value of the protected witness statements and contains comparative law matters on witness protection laws in several European countries. -
For the first time in the Romanian legislation, the new Civil Code (Article 1368) expressly regulates the subsidiary obligation to reimburse the victim, in the sense that „lack of discernment does not exempt the author of the damage from paying a reimbursement to the victim whenever the liability of the person who, according to the law, had the duty to supervise such person can not be engaged” (the author of the damage). In this study there are successively examined: aspects of comparative law in the matter; the position of the Romanian doctrine and of the case-law on the issue in question; the quality of the liable person [for the purpose of Article 1368 (1) of the Civil Code]; the tort civil liability of the person who lacks discernment; the legal basis of the subsidiary liability of the person who lacks discernment; final de lege ferenda proposals in order to improve Article 1368 (1) of the Civil Code. -
Ever since the date of its publication in the Official Gazette of Romania, Part I, the Law No 241/2005 has become a highly debated law in the doctrine, many of its articles underlying inhomogeneous judicial decisions. Article 10 of the above-mentioned Law was one of the Articles which excelled by its lack of predictability, a fact which lead to raising a large number of pleas of unconstitutionality. Over time, its applicability has received some clarifications however, even today, some aspects still raise controversies and continue to lead to an inhomogeneous judicial practice. For this reason, the author believes that the intervention of the High Court of Cassation and Justice would be more than welcome. -
Present in the Romanian Criminal Code (Article 356), with ancient tradition of incrimination, the contamination of water makes the transition from the offences against public health to those concerning the environmental protection, meaning that, although being, in principle, a hazard offence, it involves an immediate result (harmful nature). This situation creates a series of difficulties in practice, including in terms of evidence, as it arises from the recent case law, a fact that requires a series of clarifications. -
Requests for clarifications regarding offers submitted by tenderers in a public procurement procedure are a necessary instrument for contracting authorities that allow them to avoid any unjustified rejection of any offer and breach of the general principles described by the national and European provisions. Questions such as if there is still a debate on the right or obligation to address clarifications are treated in the article. The analysis takes into consideration the provisions of the new legislation on classic public procurement in contrast with the old legislation in order to seek the differences and the similarities. -
The article contains an analysis of litigation on reducing military service pensions recalculated/revised by Law no. 119/2010 and by Government Emergency Ordinance no. 1/2011, in relation to those retained by the High Court of Cassation and Justice in Decision no. 29/2011, given in solving interesting appeal in law, on the application of the provisions of Law no. 29/2011. From the perspectives of the Decision no. 29/2011 the High Court of Cassation and Justice, the analysis is presented on two levels. First, targeting issues of constitutionality of the Law. 119/2010 and, second, conventional control of the law courts, in assessing the application effects in concreto of national standards, by reference to the European Convention on Human Rights. -
This study analyzes the rules within the Romanian labour legislation referring to the attributions of the trade unions in correlation with those of the elected representatives of the employees. It is concluded that there are, in this matter, legal solutions obviously uncorrelated, major errors, unjustified exclusions from the exercise of some attributions of the representatives of the employees in favour of the trade unions. All these despite the fact that, in terms of essential competences – either of the trade unions or of the representatives of the employees –, the legal solutions are identical. In relation to these findings there are made a series of proposals to improve the labour legislation which have as objectives to clarify the role and to state the attributions of the trade unions and of the representatives of the employees in the conduct of the labour relations. -
As it can be inferred from the title, in this study the author intends to make an analysis of the institution of „exclusion of evidence”, which exists in the Romanian Criminal Procedure Code of 1968, which is maintained and further detailed in the new Criminal Procedure Code, differently interpreted in the doctrine and less present in the case-law from Romania. The study begins with a general and comparative presentation of the „sanction” in question in the former and in the present regulation, also being analysed the modification brought by the Law implementing the new Criminal Procedure Code. Within this study there are presented and analyzed the conditions in which the sanction of exclusion of evidence operates, as regulated by the present Criminal Procedure Code. However, the analysis focuses on the doctrinal interpretation of these conditions, by emphasizing the existence of a trend to relate the sanction of exclusion of evidence to the conditions of the sanction of nullity. As far as the author is concerned, she pleads for the interpretation and practical application of the sanction of exclusion of evidence separately from the conditions of nullity, subject only to the breach of the principle of legality and loyalty in providing evidence. For this purpose, the author also makes some interesting de lege ferenda proposals.
