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This study aimed to develop a theoretical analysis configured in the matrix of a critical examination on the rulings of the Constitutional Court of Romania contained in the Decision No 702/2019. To this end, there were examined the conclusions promoted by the constitutional contentious court, which applied, in support of its point of view, the principle of equal treatment, constitutional rule, as well as of proportionality, praetorian construction, promoted by the case law, from which it resulted that, from a legal perspective, the disabled pensioners who acquired this legal condition based on the Law No 19/2000 will benefit from the application of the correction index regulated by the Law No 263/2010, if at the time of the ex officio transformation of the invalidity pension into an old-age pension the latter law was in force. -
Starting from the Decision no. 1.105/2010 on the exception of unconstitutionality of the provisions of the Government Emergency Ordinance no. 63/2010 for the amendment and supplementing of Law no. 373/2006 regarding the local public finances, as well as for establishing some financial measures, by which the Constitutional Court ruled that the subsequent effective dates of certain provisions of the emergency ordinance do not invalidate the urgent and extraordinary nature of the situation being regulated, the study examines the matter of the coming into force of emergency ordinances, in the light of the constitutional provisions and the provisions of Law no. 24/2000 regarding the norms of legislative technique for drafting regulations (republished). The study also presents a situation regarding the effective date of the Government Emergency Ordinances, starting with the year 2004 (subsequent to the revision of the Constitution). -
In this study the author performs a general exposure of the concept of periodic penalty payments firstly (concept, terminology, origin and evolution; legal nature; goal, legal basis; structure), and then examines the legal regime of the periodic penalty payments in the administrative matter (the grant conditions; the forms of the periodic penalty payments and the liquidation of the periodic penalty payments in the matter, and finally he discusses about the issue of the periodic penalty payments in the administrative matter in the light of the European Convention for the Protection of Human Rights and of Fundamental Freedoms (including in terms of the practice of the European Court of Human Rights from Strasbourg). -
In this study there are presented the main scientific arguments that can be taken into account for promoting a new discipline, as sub-branch of the Romanian criminal law, namely the criminal law of transports. For the scientific arguing of this approach, there have been briefly examined the system of Romanian law, the syntagms of branch, sub-branch and institution of our law. As regards the criminal law, reference has been made to the two parts, to some institutions and to the possibility of recognizing the criminal law of transports as sub-branch of the Romanian law. Likewise, within the scientific approach, it has been carried out a brief examination of the criminal law norms specific to the safety of traffic and of transports from Romania, insisting on the necessity of grouping them into a distinct normative act, recommending even a code of transports. The examination has considered the main elements of similarity between criminal law norms specific to the four domains of the national system of transports, namely: road, railway, naval and air.
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The entry into force of the four Codes – Civil, Civil Procedure, Criminal and Criminal Procedure – has put an end to the legislative reform of the last 24 years in Romania and now begins the stage of their implementation. This will involve, besides noting the first case-law reactions, the initiation of a process of developing a new Romanian legal doctrine of criminal law and of private law, respectively. From this perspective, the period of exegetical approach, which is in full progress and which has manifested in the form of annotations, comments and theoretical explanations of the Codes, must be followed, as soon as possible, by theoretical analyses meant to deduct the new principles and to contribute to syntheses and systematic exposures of private law and of criminal law, respectively. In this regard, a priority role pertains to the scientific research in the field of law. -
Any attempt in the sphere of the humanities to characterize and explain the man in his individuality, but also in the social existential context relates also to the problem of freedom. Freedom is essentially related to the human being, but also to the existential phenomenality of man. Man is the only being whose fundamental ontological dimensions are freedom and spirit. In this study, the authors briefly analyze the concept of freedom not only as a moral value or category, but especially as an ontological dimension of man. In this way, the distinction is made between the ontological freedom and the legal freedoms established or recognized by means of legal norms by the state. The legal freedoms are a phenomenal expression of human existence, whose legitimacy and ground are conferred by the ontological dimension of human freedom. In this context, there are analyzed the main characteristics of the legal freedoms and the practical importance of the ontological meaning that must be found in the freedoms established by law.
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The idea of this study was generated by the concern, relatively modest, which the specialised literature has expressed, after the entry into force of the current Civil Code (1 October 2011), for analysing the legal rules established for the legal institution of „loss of exercise of parental rights”. In fact, the study tends to be a thorough and systematic analysis of the regulations of the Civil Code established for this legal institution, the author also being equally concerned by the grounding of some de lege ferenda proposals meant to eliminate the various imperfections of the legal rules in the field. -
The new Romanian Fiscal Procedure Code has established a special legal act, of an absolute novelty, called „temporary taxation decision”. This is a legal administrative fiscal act, integrated into the payment of the additional main fiscal obligations established in the course of the fiscal inspection. However, the law assigns to it a few elements that individualizes it in relation to the common taxation decision, taken over in the new legal regulation without any substantive amendment. In this context, we propose the analysis of this new type of fiscal administrative legal act, with the following objectives: emphasising the reason of this establishment and of its legal nature; configuration of the premises of its issuing and of its legal valences; establishing its connection with the taxation decision issued on completion of the fiscal inspection. We will use as main documentary point of reference both the provisions of Article 133 of the Law No 207/2015 on the Fiscal Procedure Code and the regulations enacted for their uniform application, pointed out throughout our analysis. -
Together with the tax statement, the taxation decision is the main legal document for establishing and individualising of the fiscal obligation. It is a fiscal administrative document, to which the special law assigns the valences of a debenture, however particularizing it by issuer, object which it concerns, content, form and enforceable legal power. These aspects will be the object of analysis in this study, having as finality the configuration of the legal regime of this legal fiscal instrument.
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SECȚIILE UNITE, deliberând asupra recursului în interesul legii, constatã urmãtoarele: În practica instanțelor judecãtorești s-a constatat cã nu existã un punct de vedere unitar în aplicarea dispozițiilor art. 105, cu referire la art. 10 din Legea nr. 46/2008 privind fondul forestier proprietate privatã a persoanelor fizice sau juridice.
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The article presents the considerations of the Decision No 250/2019 of the Constitutional Court of Romania and the practice of the European Court of Human Rights regarding the change of the legal framework during the trial, concluding that it is ordered by a conclusion prior to the settlement on the merits. Likewise, there are presented arguments that justify the mandatory preparation of the minute in case of change of legal framework, the motivation of the conclusion and its communication. There are examined, from the perspective of the change of the legal framework, the amendments and supplements to the Criminal Procedure Code ordered by the Law No 130/2021, which bring specifications in agreement to the case law of the Constitutional Court of Romania and of the European Court of Human Rights. -
The judicial declaration of presumptive death is covered by art. 49 to 57 of the Civil Code and art. 943 to 950 of the Code of Civil Procedure; these are texts that take over a large part of the old regulation provisions and also bring some novelties. The new legislation no longer requires prior assumption of disappearance and establishes a general case and two special cases of judicial declaration of death.
