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While authorities with jurisdiction in the management of European funds exercise control and investigative activities they issue documents which, although they enjoy the presumption of legality like any administrative act, may give rise to litigations. Based on the special normative acts relevant for the management of European funds and on Fiscal Procedure Code, this paper analyses documents issued by such authorities, their legal nature, as well as the procedure for contesting such documents, as a guarantee of the principle of free access to justice. -
Although the science and the practice of law have always enjoyed the consideration and the appreciation of society, their academic recognition remained, mostly, a desideratum. As a complex phenomenon: art, technics and science at the same time, the law represents complexity and difficulty in perceiving and affirming its status of scientific and cultural science. That is why, although the faculties of law were among the founding faculties of universities, the lawyers and their discipline came relatively late in the dome of academies. In Romania, the Romanian Academy, created in 1866, was initially concerned with the study of the national language and history, hardly opening its doors for sciences, in general, and social sciences, in particular. Facing this „conservatorism” the representatives of different sciences have opted to create some specialized academies, such as the Academy of Sciences (1936) or the Academy (Institute) of Moral and Political Sciences (1938). It was only in 1948, by creating the Division of legal and economic sciences, when the law received express recognition among the concerns of the high academic forum, but the lawyers are still under-represented within it. The increasing role of law in post-modern society and asserting its status as social complex science impose the revaluation of its academic status as well.
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This paper deals with contesting protective measures taken during criminal proceedings at the request of the civil party. Authors consider that it is the right of the civil party to request for such measures to be taken with regard to the assets of the defendant and to those belonging to the party liable under the civil law. Moreover, the civil party can contest the manner in which the court applies this request.
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The author draws attention on the phenomenon of „money laundering” in the context of the necessity to combat cross-border organized crime and crime in general, in the context of the newest international instrument in the matter, the Convention of the Council of Europe on Laundering, Search, Seizure and Confiscation of Proceeds from Crime and Financing of Terrorism, adopted in Warsaw on 16 May 2005 and ratified by Romania through Law No 420/2006. This is a timely contribution that also presents the recent case-law of the High Court of Cassation and Justice in the field.
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Examinând conținutul unei hotărâri pronunțate în cadrul regulatorului de competență în cazul unui conflict negativ de competență, se constată că aceasta nu soluționează fondul unei cauze, ci doar un incident procesual în care stabilește care din cele două instanțe va trebui să judece, potrivit dispozițiilor legale. Cum, în cazul analizat, titularul sesizării solicită interpretarea unor dispoziții procedurale în scopul determinării instanței competente teritorial să judece o cerere de încuviințare a executării silite imobiliare, se constată că stabilirea competenței nu reprezintă o chestiune de care să depindă soluționarea pe fond a cauzei. În consecință, se constată că mecanismul de unificare a practicii judiciare reglementat de dispozițiile art. 519 și următoarele din Codul de procedură civilă nu poate fi uzitat atât timp cât legiuitorul a limitat, prin condiția restrictivă de admisibilitate analizată, rolul unificator al instituției juridice a hotărârii prealabile numai chestiunilor de drept care conduc la dezlegarea în fond a cauzei sub aspectul statuării în privința raportului juridic dedus judecății. (cu notă critică)
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Raportul de evaluare întocmit de inspectorul de integritate în temeiul dispozițiilor art. 17 din Legea nr. 176/2010 privind integritatea în exercitarea funcțiilor și demnităților publice, ca parte a procedurii privind activitatea de evaluare a averii, nu se poate contesta direct la instanța de contencios administrativ, el neavând trăsăturile unui act administrativ, întrucât nu produce efecte juridice prin el însuși. Acest raport constituie un simplu act de sesizare al Comisiei de cercetare a averilor prevăzute în Legea nr. 115/1996, ce poate fi contestat în fața instanței de contencios administrativ doar odată cu actul de finalizare a procedurii desfășurate de această comisie.
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Prior to the referral to the court by filing an application for summons, in cases where the law expressly provides it, the applicant must go through a preliminary procedure, which has the meaning of an attempt of extrajudicial resolution of the legal disagreement. The current regulation in this matter (Article 193 of the Civil Procedure Code) is significantly superior to the previous one. The interpretation and the application of these provisions require some specifications or nuances, which are subject to this study. -
The article analyzes the qualification of the appeal on law in civil disputes where the judicial remedy of appeal ex novo is not opened, such as the waiver of judgment and the waiver of the claimed right, where the judgment is only subject to the appeal on law. The appeal on law promoted in administrative disputes is also analyzed. The author comes to the conclusion that, even when the judicial remedy of appeal ex novo is suppressed, the appeal on law preserves its nature of extraordinary remedy.
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This article analyzes amendments brought to the institution of authority of res judicata by the new Civil Procedure Code, in relation to the manner in which the doctrine and the case-law have determined the development of this institution.
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This study is mainly devoted to the analysis of provisions of the current Romanian Civil Code (Articles 441–447) referring to „medically-assisted human reproduction with third donor” and to some „doctrinal reactions” in relation to the new regulation. Likewise, where deemed appropriate, some opinions have been substantiated and various de lege ferenda proposals have been made.
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This study analyzes the regulations pertaining to causes of revocation of donations, regulations which entered into force at the same time with the implementation of Law No 287/2009 on the new Civil Code. The starting point of this paper is the fact that donations and liberalities have been under the influence of special legal regimes, different from those of onerous legal documents. Even though donations are, in principle, irrevocable legal acts, the legislator has instituted special cases of revocation thereof, in order to avoid or limit prodigality acts and undesired effects on the interests of the donor or of the persons close to this donor. It was particularly on these causes of revocation of donations that the author focused his scientific endeavour, by analyzing doctrine and case-law and by formulating his own opinions and de lege ferenda proposals, so that legal rules in the examined area be harmonized with the public order interests. The study also relates to the new criminal regulations (the new Criminal Code) as regards the criminal acts of revocation of donations for ingratitude.
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The article analyzes one of the circumstances which prevents the conclusion of marriage, i.e. kinship. Following a brief introduction, the author focuses on impediments to marriage resulting from natural kinship, kinship resulted from adoption and kinship in case of medically-assisted human reproduction with a third donor. The final part is devoted to the conclusions which can be drawn from this study.
