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  • The existence of a state, situation or particular circumstance in which the offence is committed may ingrain it a character of legitimacy and in such circumstances it is lacking one of the essential features of the crime, the unjustified nature of the act committed. In the category of supporting causes which result in the removal of the essential trait of crime consisting in the anti-juridical character is also included the consent of the aggrieved party in respect with the commission of the crime set forth in the criminal law. In order to be ascertained as supporting cause, the aggrieved party’s consent must belong to the holder of the protected social value or to his legal or conventional representative, to be freely expressed, to be abreast with the time and to target a specific social value or values endangered by committing deliberate crimes. Consent of the aggrieved party does not preclude the unjustified character of the offence in case of criminal offenses against a person’s life, in the event of offenses whose justified effect is excluded by law, as well as in the event of criminal offences whose main passive entity is the state, and the aggrieved party acts as a secondary passive entity.
  • The author carries out a detailed analysis of the legal content of the offense to establish an organized criminal group, referred to in art. 367 of the new Criminal Code. After characterizing the concepts of criminalization and the aspects of novelty in the text of art. 367, under the rules in force, are examined in detail: object of criminal protection, subjects, objective and subjective side, forms, terms and punishments stipulated by law. Complementary explanations address the links of this criminal offense with other crimes, and certain procedural aspects. Then, this incrimination rule legislative precedents and the solutions to be followed in case of transitional circumstances are highlighted. Also, the author does not hesitate to express his point of view regarding the constituent content of this criminal offense, its systematization, its nature, and to frame some solutions and ideas of his own in this regard. The end of this analysis presents several conclusions and proposals concerning the law that is to come into force regarding the setting out of the appropriate protection of social values this incrimination concerns, a uniform application of the purport and thus better administration of criminal justice in Romania.
  • S-a împlinit anul acesta un deceniu de când primul articol al Legii nr. 51/1995 pentru organizarea și exercitarea profesiei de avocat1 a fost completat prin Legea nr. 255/20042 cu un alineat suplimentar – (3) –, text care, coroborat cu art. 5 alin. (4) din Statutul profesiei de avocat3, interzice constituirea și funcționarea de barouri în afara Uniunii Naționale a Barourilor din România (în continuare, U.N.B.R.), actele de constituire și de înregistrare a unor astfel de entități fiind considerate nule de drept4.
  • Chile stands out in Latin-America because its economic growth has resulted in a progressive decrease in poverty and marginality levels. Chile’s unique strides in economic growth have made room for increasingly dignified lives for its people. Along with this improvement in the standard of living, there has been a more thorough exercise of human rights. The normative groundwork for this successful economic model is located in the Constitución Política de la República de 1980, the 1980 Constitution, which contains an economic public order based on two elements – 1) the exercise of personal liberty and 2) the subsidiary role of the State.
  • Under the impulse of the ecoclimatic realities and of the evolutions of the international law, the great majority of the constitutions of the world states have incorporated, starting from 1970, environmental provisions and have recognized the right to the environment as a new fundamental right. The relevant case law and doctrine have contributed to explaining the meanings and dynamization of the progress of the constitutional provisions in the matter, as well as the assertion of the environmental protection as a constitutionally protected value. The constitutionalization of the environmental law in Romania, which began by introducing in the Constitution of 8 December 1991 the first provisions concerning the environment, continued by the revision from 2003 (which established the right of every person to a healthy and ecologically balanced environment) and it was developed by means of a relatively consistent case law which revealed concrete dimensions of the environmental law, its relations with the other funda mental rights and its constitutional-legislative guarantees. At the same time, the legislation has taken over and developed the constitutional provisions, giving them concreteness and practical efficacy. The evolutions of the constitutionalization of the environment in terms of positive law involved a theoretical analysis and superior understanding and thus have led to the formation of a new scientific legal discipline, respectively constitutional law of the environment. After its recognition, first in common law countries (U.S.A., Canada, 2012), then in some continental law countries as well (France, 2021), the new discipline is considered as being about to be born and acquire the academic recognition it deserves also in Romania.
  • In this article the author discusses from a constitutional perspective the concept of capital – commonly used by the Constituent Assemblies to designate within the constitutions the headquarters of the national sovereignty authorities. In his comments, the author presents the political conditions and the historical context of choosing Bucharest as residence of the princely court of Walachia mid seventeenth century and the evolution of the city from a historical, political and administrative viewpoint. The study presents in detail the changes suffered by the city of Bucharest during the Organic Regulations that have established administrative measures for its modernization. Bucharest became capital of the United Principalities in 1862 during the reign of Alexandru Ioan Cuza. Since then its status as capital has not been contested anymore, a situation also reflected in provisions of constitutional rank.
  • In this study, the author examines an institution subsequent to the right to defense, namely the right to access the criminal case. If the during the trial phase is no problem with interested parties consulting the case, as the parties are provided with unrestricted access to the documents in the case, one cannot consult the case during the prosecution phase. Thus, in the current Code of Criminal Procedure, access to the criminal case is not explicitly regulated; reason why the prosecution’s practice is inconsistent from this point of view. Subsequent to the analysis of the way the case can be accessed during the prosecution phase, the author details the procedure established for this purpose under the new Code of Criminal Procedure; this procedure appears as a new aspect of future regulations. Last but not least, the paper deals with the institution for access to the criminal case from the perspective of the European legal systems (Germany, Italy, Spain, France, and Czech Republic).
  • The action against climate change involves both civil society and public authorities. Putting them in an appropriate relationship is a historic challenge, and the climate paradigm is the context necessary for defining this relationship for the future. The issue of climate change occurs, at the level of public administration systems, at a time of transformations generated by a broad liberal trend at the level of the administrative action and of the administration-citizen relationship, and the generalization of dialogue between administration and citizens is a way to promote some new forms of action, such as the collaborative one, as a model of future administrative conduct. The problems of global warming and of the effects of climate change have imposed the intensification of the movement of association of the public to the decision-making process and the emergence of new forms of manifestation, in the sense of involving citizens in political options with a strong eco-climatic, scientific and technical dimension. Receiving extremely diverse characterizations, some even severe, from „innovation” to democratic „scam”, the public decision-making procedures with the substantial and direct involvement of citizens, such as those exposed, can be a solution to the growing lack of legitimacy of the traditional representative instruments, insufficiently able to meet the requirements of the eco-climatic emergency.
  • The study approaches from an interdisciplinary perspective the problems generated by alcohol consumption while driving. The perspectives from which this problem is viewed are both the legal one and the psychological one, but the analysis is also based on statistical data. These data are capitalized in the sense of observing the particularities involved by this phenomenon, by reference to the age categories that are most often found in known statistics, but are also compared with the way in which the issue is regulated in the legislation of other states. All these elements are likely to lead to the conclusion that the national legislation governing sanctions or limits on alcohol consumption in the context of driving a vehicle on public roads requires significant improvements.
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