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This paper summarises particularly complex issues raised by the offence of concealment. It begins with an analysis of the rational value of amendments brought to the offence of concealment (Article 270 of the new Criminal Code) and continues with the analysis of other problems raised by this offence, which either have not yet found a satisfactory solution or have solutions, but they are not known, understood and unanimously adopted in the criminal law practice. -
If in ancient times it was often confounded with legal science and constituted a genuine source of law, gradually, case-law transformed into a form of explanation, addition, and elimination of obscurity of the legal text, by the judge, in the process of interpreting and enforcing the law. At the same time, its relations to the doctrine have also evolved, the latter being called upon today to decode case-law rules, assuring their clarity and complete expression of their meanings, from the „inside” of the process of creating law. Case-law phenomenon is an object of analysis for the legal science, in terms of external factors that configure and influence it. The case-law revival noticed partially and specifically after 1989 also in Romania, given the transition, is expected to fully manifest itself in the following period, just after the end of the legislative reform, realized by the adoption and entering into force of the new codes.
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Like other modern enactments, the current Romanian Civil Code provides for a series of „rights of the personality”, which include, inter alia, the right to honour. The authors of this paper make a series of considerations in relation to this right „to honour”, in relation to both the Romanian legislation and legislations in Western Europe, taking into account that, in the Romanian legal doctrine, the right in question has been less studied prior to the entry into force of the current Civil Code (1 October 2011).
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The author criticizes a decision of the Bucharest Court of Appeal which, having to settle a case concerning dismissal determined by the dissolution of the workplace of an employee for reasons not related to him/her, stated that the dismissal is lawful even if it was not the position of the dismissed employee that was dissolved but another position of the same kind, but, on the other hand, it has decided that the measure in question is unlawful on grounds of not being „serious” since the employer (a ministry) has not proven the objective criteria that should support the seriousness of the applicant’s removal from the position held (the reason why the employee was not good enough or sufficiently trained in the profession in order to be maintained in activity or why the other employees maintained in activity were better suited, professionally or otherwise, as compared to the ones selected for dismissal).
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Starting from diametrically opposed solutions given by courts, the author analyzes the right to additional payment for risk provided by the Sylvic Code, based on provisions of Article 127 (5) and considering the lack of any methodology to provide categories of beneficiaries and specific conditions for granting such additional payment and assesses the impact of the lack of such a methodology upon the right provided by the law. The conclusions of the author are that, even though the mentioned methodology is lacking, those concerned have the right to receive the additional payment in question.
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The new regulatory framework, established in the matter of accelerating the process of restitution of real estate properties and of the compensatory measures by the Law No 165/2013 on measures for the finalisation of the process of restitution, in kind or by equivalent, of the buildings abusively taken over during the communist regime in Romania, also includes some regulations concerning the cases and the modalities of cancellation of the titles of property issued by the county commissions of land resources. In the ambience of the new regulatory framework, this study analyzes the regulations established by the Law No 165/2013 in the matter of cancellation or change of titles of property issued by the county commissions of land resources, as well as in the matter of cancellation or of changing the decisions issued by these commissions, which stood as basis for the issuance of the title of property. The analysis of these issues has been made by reference of the provisions of the Law No 165/2013 to other provisions established by the Law No 18/1991, the Regulation for application of this law, as well as by reference to the special normative acts of reparatory nature.
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Given the absence of solutions expressly provided by law, national criminal courts now apply, with more courage and in the interest of justice, fundamental principles of criminal process as laid down by the Constitution, the Criminal Procedure Code and the practice of the European Court of Human Rights, which provides free access to justice, including judicial control on the acts of the prosecutor. In this context, the old adage „Justice is blind” may be replaced with a new concept, better suited to new national, European and international economic and social relations – „Justice is not always blind”.
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The Treaty on European Union includes not only the core of the Community rules, but also references to the necessity to bring some amendments to the national legislation of Member States in accordance with these rules. Complying with this requirement, the Romanian legislator constantly brings amendments which, in criminal matters, involve an interdisciplinary approach, imposing compliance with general principles of law and with principles specific for the protection of human rights and for European Union law.
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After a general presentation of the institution of house arrest, the author analyzes a specific aspect referring to this new preventive measure provided in the new Criminal Procedure Code, namely the maximum duration of house arrest pending judgment at first instance.
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Brokerul de asigurare, care are și calitatea de mandatar al unei întreprinderi de asigurare străine, fiind împuternicit de aceasta să soluționeze cererile de despăgubiri în eventualitatea accidentelor de circulație produse de autovehicule asigurate în străinătate, nu este parte la raportul juridic obligațional născut prin producerea faptului delictual. Astfel, întrucât brokerul de asigurare este terț față de contractul de asigurare în temeiul căruia au fost solicitate despăgubirile, acesta nu poate fi obligat în nume propriu la plata despăgubirilor. (Înalta Curte de Casație și Justiție, Secția a II-a civilă, Decizia nr. 2156 din 30 mai 2013)
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This study sets some reference points for a new institution regulated by the Criminal Procedure Code – the judge of rights and freedoms – from a perspective which stresses its role in protecting the rights and fundamental freedoms, as they are established by the Constitution and by the international treaties on human rights to which Romania is a party.
