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)

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.

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).

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.

Preserving its nature as a modality of extinguishing a legal obligation, a fiscal obligation herein, the provisions of the Fiscal Procedure Code customize the datio in solutum in relation to the common law, under the following aspects: premises for operation thereof; procedure for realisation thereof – a special and excessively rigorous one; legal effects, all these in compliance with the specificity of the fiscal field. These aspects are the object of analysis of this study, making their radiography, in the light of the connected legal provisions inclusively, so that, ultimately, be able to reach a conclusion on the legal regime of fiscal datio in solutum.

In this study the author has analyzed corruption from the perspective of its legal implications on the business environment. A notion which appeared at the same time with the economic changes became in time a truly global scourge which has systemically affected the economic exchanges, the financial flows, the market economy. It symbolizes, after all, the poor functioning of the state which makes considerable efforts to control the economic and financial crime. In this context, the author has identified corruption acts and measures to combat them, also emphasizing the constant efforts at both state and international level, in order to combat this criminal phenomenon.

At the same time with the entry into force of the Law No 286/2009 on the Criminal Code, the regime of judicial individualization of criminal sanctions has undergone significant changes both by introducing some new institutions, such as postponement of application of punishment, and by a different regulation of some old institutions, such as the suspension under supervision of execution of punishment. The author analyzes comparatively the two above-mentioned institutions of law, as well as by correlation with other provisions of the criminal law, in order to highlight their defining particularities, required to be known for a better judicial individualization of punishment.

In this study, the author, starting from the provision written down in Article 60 (1) c) of the Labour Code, according to which the dismissal of the pregnant employee is forbidden, as far as the employer was notified of this fact prior to the issuing of the dismissal decision, considers that the interpretation of this legal text should be performed extensively, in correlation with the provisions of Directive 92/85/EEC and, as such, the interdiction in question is also incidental, for example, in cases of dismissal of the employee in the trial period, of hiring the employee under a fixed-term contract or even if she did not notify the employer about her pregnancy condition prior to dismissal, if the failure to notify is not the consequence of bad faith of the person concerned and others.

In this study, the author examines exhaustively the problems of the preliminary proceedings before the Court of Justice of the European Union [Article 19 (3) (b) of the Treaty on European Union; Article 267 of the Treaty on the Functioning of the European Union]. To this end there are examined: the referral, the preliminary, the preliminary procedure of common law and the special prejudicial procedures.

In this study, the author, after presenting some brief considerations on proportionality as a principle of law, presents the theoretical foundations of proportionality, as they are reflected in the Romanian legal doctrine. Finally, the author proposes that, in prospect of future revision of the Constitution of Romania, it must be established, in its very first article, that „the exercise of the state power must be proportionate and non-discriminatory”.

The trust that the patient grants to the medicine professionals for applying the prevention or treatment methods corresponding to his health condition, under the lowest risks, depends on correct and complete information regarding his prevention, diagnostic and treatment activities. Actually, the breach of this deontological duty represents an act of betrayal of his trust, as he could not choose the best solution corresponding to his own interests, in the circumstances in which the patient is free to decide about his own fate. From the legal point of view, this breach of duty results in the civil liability incurred for the prejudices caused to the patient. Considered from the perspective of the biomedical ethics, the physician’s duty to inform the patient brings into focus an interesting subject of research: the manner in which the observance of the patient’s autonomy affects the mechanism of adopting the medical decision related to the diagnostic, the care, the treatment or determining him to undergo certain scientific experiments. From this perspective, the study tries to provide a new approach of the duty of information, but this time from the ethical point of view related to the consideration due to the dignity of the patient human being who is so vulnerable and suffering. The selection of the case law solutions rendered completes the exposure of the legal consequences regarding the breach of this duty.

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).