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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. -
The manner of regulating the contestation of the claim in the payment order procedure, generates a few controversies, indicated by the doctrine related to this procedure. Thus, the first of these concerns the contestation of the claim after the deadline for the submission of the claim is exhausted, in case the debtor does not meet or does not respect the related time limit, namely the admissibility in principle of such a contestation. The answer is affirmative, but with nuances; the claim can also be contested in such a situation, but only by way of pleas of public order, of the plea of inadmissibility due to the necessity to administer some evidence incompatible with the payment order procedure or through defences on the merits, which will be justified only by the evidence administered until the moment when the claim is contested. Operating an analogy of study with the contestation to enforcement, considered as a contestation to title, it is necessary to specify whether the legislator’s generic references to the contestation of the claim concerns the situation of a contestation to the title related to the claim inclusively. The conclusion is that the legislator has used the term „contestation” in its meaning lato sensu, consequently the answer is affirmative. Another controversy concerns the situations when the debtor does not specify his procedural position throughout the procedure, that is, if the judge of the case is authorized to question ex officio the possible reasons that would constitute such contestation to the claim. The conclusion of the study, derived also from the European legislation and judicial practice, is that the answer is still affirmative, but only provided that there is an express regulation imposing such an obligation for the judge of the case, such as in the situation of abusive contractual clauses. In the absence of any reference of the legislator within the regulation of the payment order procedure to the counterclaim, it is necessary to answer whether the institution of the counterclaim, regulated under the common law procedure, is compatible with this special procedure.
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The new normative framework established by the Law No 101/2016 in the matter of judicial means of appeal brings some significant mutations, but, at the same time, takes over some provisions established by the former normative act (the Government Emergency Ordinance No 34/2000). In the context of the new normative framework, this study proposes a detailed analysis of the contestations formulated directly through judicial means, in accordance with the unional directives of 2014 in the matter of exercise of the judicial means of appeal. Also, the author of the study intends to analyze in detail the judicial means of appeal whereby it is requested the grant of damages for the prejudices caused during the stages preliminary to the award of these contracts, as well as for the prejudices caused after the contract is concluded, in the context in which the Court of Justice of the European Union held in its case law that the Member States enjoy procedural autonomy as regards the right to regulate the specific procedures by which the damages are going to be covered. -
The judicial administrator will submit a monthly report containing the description of how he has performed his duties, an account of the expenses incurred with the administration of the procedure or of other expenses made from the funds existing in the debtor’s estate, as well as, if necessary, the stage of performing the inventory. The report will also mention the fee received by the judicial administrator, by specifying modality of calculation thereof. The report will be submitted to the case file and an extract shall be published in the BIP. Every 120 days, the syndic-judge will analyze and rule on the stage of continuation of the procedure, through a resolution by which he will be able to establish certain measures as duty of the judicial administrator and he will grant an administrative term of control or of trial, as the case may be. In the event that there are contentious or non-contentious applications, as well as in the hypothesis in which the syndic-judge deems it necessary, he will order the urgent summoning of the interested persons and of the judicial administrator, for the purpose of solving the applications or for ordering the necessary measures.
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With the view to overcome the lack of celerity in the conduct of criminal trials, the initiators of the new Code of Criminal Procedure explicitly intended to depart from the extraordinary remedy of appeal for annulment. However, although the code was adopted under the Government’s liability, the legislature has maintained this opportunity to repair final criminal judgments affected by errors. Code’s editors have thought abandon of the litigious remedy, transferring its role and cases of its raising to other extraordinary remedies. But the author points out that the experiment has not been designed fully rigorously, so that a number of hypothetical situations, consistent enough, remained outside the cases provided by law for the performance of extraordinary review procedures. Under the new code system, the appeal for annulment was integrated in a chapter distinct from the review procedures chapter, i.e. after the appeal, as an emphasis on the concept of being within reach of the parties to pursue against final judgments passed in the court of this relevant resort. -
The author advocates for expanding the admissibility of the special contestation for annulment and for eliminating the errors of judgment, i.e. for the non-compliance with the legal provisions and the incorrect assessment of the factual situations (illegality and groundlessness of the judgments challenged). In order to support this opinion, the author resorts to the grammatical interpretation of the phrase „material error”, invokes the ECHR case law and the comparative law. He also proposes, in addition, the reintroduction of the action for annulment (in cassation), which has as object to correct the errors of judgment and which will have an essential role in unifying the judicial practice. -
In this study we intend to make an analysis of the contestation to the insolvency condition, namely the processual means that may be used by the debtor against whom an application for opening the insolvency procedure has been filed. In the light of a rich judicial practice in this area, we consider it appropriate to compare the legal provisions found in Article 72 of the Law No 85/2014, as amended and supplemented, with the jurisprudential interpretations, in order to better understand this means of defence made available to the debtor by the legislator. Thus, we will observe the nature and the conditions in which the debtor’s right to contestation may be exercised, the reasons which can be invoked and the evidence that he can use to demonstrate the lawfulness of his contestation, as well as the legal effects and consequences determined by this procedure.
