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The authors criticize the Decision of the High Court of Cassation and Justice No 13/2017 pronounced on appeal in the interest of the law, which had as its object the interpretation and application of the provisions Article 469 (3) of the Criminal Procedure Code which is called the Judgment of the request for reopening the criminal trial. The Constitutional Court decided that the decision of the High Court of Cassation and Justice No 13/2017 violates the right to a fair trial and the right to defence of the person. -
În lipsa unui probatoriu care să demonstreze existența unei activități autonome a inculpaților de inițiere, respectiv constituire a unei grupări infracționale, activitate care să rămână distinctă de comiterea infracțiunii ce a constituit scopul acesteia și care să vizeze organizarea acțiunilor infracționale, prin fixarea modalității și a coordonatelor de săvârșire a acestora, precum și a sarcinilor și rolului fiecărui membru în cadrul grupării constituite, fapta capătă valențele juridice ale pluralității ocazionale, prevăzute de articolul 77 lit. a) C.pen.
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The study aims to analyze how the doctrine and jurisprudence, as well, have interpreted the provisions of Art. 32 of Law 18/1991, in over 20 years of applicability of the law’s wording mentioned. As it shall be ascertained, the law’s wording, improperly designed, can not be logically interpreted so as to produce the effects aimed at by the legislator, unless the restraint term of 10 years starts (has already started) its applicability since the issue date of the title deed. -
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The diplomatic activity of the states may have a highly positive part in the normal course of the development of international relationships, so that certain disputes or other negative consequences may be prevented in fields of common interest, such as: the observance of the right to self-determination of the states, the limitation of environmental pollution, the correct usage of natural resources, the fight against terrorism or the enforcement of international treaties. -
In a more and more obvious „global legal space”, the legal culture – understood as a set of knowledge, creations and forms of expression of law – undergoes fundamental changes and major developments. By rejecting hegemony in favour of hybridization, the realistic perspective involves a „cross-over” of the legal systems, concepts and cultures and calls for important mutations on several levels. Starting from such appreciations, the author analyzes the trends and the prospects, in this context, of the education and of the research of law, doctrine, legal science and deontology of the legal professions in Romania. -
The author of the study above, consistent with a part of the jurisprudence (but inconsistent with another) holds that, in light of Art. 28 of Law no. 54/2003/ the Union Law) not just the union (within the unit the employee works at), but also the higher level trade union organization (federation, confederation, trade union) can sue on behalf of union members, part of the federation, confederation or trade union. Once started an action as such, the organization acquires not the status of the applicant, but only acts as a representative of the applicants employees (union members, holders of claimed rights). Admittedly, if subsequently to proceedings’ promotion, the unionist employee gives up the case, the trade union organization (trade union, federation, union) can not carry forward proceedings anymore.
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The termination of synallagmatic contracts with execution uno ictu represents a common cause in the judicial practice for the annulment of agreements which generates reinstatement of the parties in the former condition, by mutual restitution of the considerations executed by each of them. When the agreement is transferable of property, as consequence of the reinstatement of the parties in the former condition, the asset returns from the acquirer’s to the allienator’s patrimony, the latter having the obligation to return the delivered performance. In case a precautionary measure is established over the acquirer’s patrimony, such as distraint, the asset is frozen, thus being questioned if it can be discharged from the acquirer’s patrimony as consequence of termination. The author estimates that such thing is possible, because such discharge is not voluntary, but forced, as the pros and cons are detailed in the content of this article. Moreover, there is a series of procedural aspects that must be taken into account by the court of law invested with the settlement of such termination request. -
Currently, disputes arising from the application of Law no. 85/2006 are a significant part of Romanian contentious matters, the role of the specialized sections within the courts throughout the country being most often overcrowded. For the years of crisis, insolvency is what claims and disputes arising from the property restitution laws enforcement meant for the years of increased growth. Although civil law specialists with tradition find the insolvency proceedings regulation quite simple, it arises nevertheless a number of interesting legal issues, worth a deeper look. One of these is the issue of compatibility between the intervention institution governed by the Code of Civil Procedure, and the applications specific to insolvency proceedings. Due to the fact that our jurisprudence has provided no consistent reply yet to this issue, the author states the reasons for which a particular solution (rule and exception) seems to be required. -
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Some clauses of the collective labour contracts concluded at level of groups of units or of sectors of activity, applicable for the years 2014–2015, appear to be in contradiction with the labour legislation in force. Without being exhaustive, this study analyses such contractual clauses, by comparing them to similar legal provisions, the author proposing some practical solutions, so that the application of these provisions of the collective labour contracts would not create difficulties. -
Presently, Article 527 (1) of the Civil Code, materializing a jurisprudential solution and a doctrinal thesis substantiated under the influence of the Family Code, provides that „only the person who has the means to pay or has the possibility to acquire these means may be forced to provide maintenance” (s.n. – T.B.). This text, in relation to the provisions of Article 42 (2) c) of the Constitution, raises the question of the possibility of forcing to labour the debtor of the legal maintenance obligation, who is fit to work, but who, for reasons imputable to him, does not earn incomes from work, nor has any other means to meet this obligation”. Despite some contrary opinions, the proposed study is intended as a contribution to the logicallegal argumentation of this „legal possibility”.
