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The objective of this short study is to answer a question: is there today a „contraventional law”, as a result of the fragmentation of the administrative law? Assuming the answer is affirmative, we must establish whether the contraventional law itself faces today a process of fragmentation, i.e. if we can talk, for example, about a road contraventional law, a contraventional law of competition, a fiscal contraventional law, etc. -
In case of admission of the extraordinary remedy of the contestation for annulment, based on the provisions of Article 426 b) of the Criminal Procedure Code (the defendant has been convicted, although there was evidence of a cause of cessation of the criminal trial), declared exclusively by the convicted person, the court proceeds to rehearing the ordinary remedy of the appeal, in compliance with the principle of non-aggravation of the legal situation of the convicted person, as well as by taking into account, where relevant, the principle of application of the more favourable criminal law in order to calculate the date on which the special prescription period for criminal liability expired. -
Following the observations submitted to the Court of Justice of the European Union in the Case C-69/14 Târșia1, EUCJ gave, on 6 October 2015, a preliminary ruling, which held that: the Union law, in particular the principles of equivalence and effectiveness, must be interpreted as not precluding, in circumstances such as those in the dispute in the main proceedings, a national court from not having the opportunity to review a final judgment delivered within civil proceedings, in case this judgment proves to be incompatible with an interpretation of the European Union law retained by the Court of Justice of the European Union subsequently to the date on which the mentioned judgment became final, even if there is such a possibility in respect of final judgments incompatible with the European Union law, delivered within some administrative proceedings.
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This study aims to present the main amendments that were brought to the Labour Code in France by the Law No 1088/2016. The emphasizing of these amendments seems to be a relevant one, given the many similarities between the French and Romanian labour legislation and also the fact that even France, which had a traditional labour legislation, has amended it for the purpose of rendering more flexible labour relations. In order to emphasize the amendments brought, the study contains a few comparative references also with regard to the regulation existing until the adoption of this normative act. As a fundamental guideline, the rights of employers are increased, but there are also regulations favourable to the employees. A change of vision is noticed with regard to the roles of the sources of labour law, for the purpose of bringing to the foreground the collective bargaining at the level of unit, to the detriment of the legal norms and of the conventional norms at level of branch of activity.
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Prin Rechizitoriul din data de 18 octombrie 2013, procurorul din cadrul Parchetului de pe lângă Înalta Curte de Casație și Justiție – Secția de Combatere a Infracțiunilor Conexe Infracțiunilor de Corupție a dispus trimiterea în judecată a inculpaților: M.J. pentru săvârșirea infracțiunii prevăzute și pedepsite de art. 132 din Legea nr. 78/2000 raportat la art. 248 C.pen. 1969, P.C. pentru complicitate la săvârșirea infracțiunii prevăzute și pedepsite de art. 132 din Legea nr. 78/2000 raportat la art. 248 C.pen. 1969 și Z.P. pentru complicitate la săvârșirea infracțiunii prevăzute și pedepsite de art. 132 din Legea nr. 78/2000 raportat la art. 248 C.pen. 1969.
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Abuzul în serviciu este reglementat în Codul penal în vigoare ca una dintre infracțiunile de serviciu în art. 297 C.pen. El nu reprezintă o noutate legislativă, având corespondent în art. 246–2481 C.pen. 1969. Se poate afirma astfel că, deși comportamentul corespunzător tipicității infracțiunii de abuz în serviciu avea reflectare în legislație de foarte multă vreme, nu au fost constatate de-a lungul activității normelor de incriminare aspecte de neconstituționalitate. Cu toate acestea, prin Decizia nr. 405/20161, Curtea Constituțională a României a constatat următoarele: caracterul neconstituțional al prevederii din art. 297 C.pen., precum și al celei din art. 246 C.pen. 1969 încalcă prevederile constituționale ale art. 1 alin. (5), întrucât sintagma „îndeplinește în mod defectuos” nu prevede în mod expres elementul în legătură cu care defectuozitatea este analizată2.
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In this study the author analyzes the provisions of the new normative act on regulating the activity of teleworking, namely of that form of organization of work „by which the employee, on a regular and voluntary basis, fulfils the specific attributions of his/her position, occupation or trade, elsewhere than the workplace organized by the employer, at least one day per month, using the information and communications technology”. Due attention is paid to the individual labour contract, having such an object, to its specific content, to the rights and obligations of the parties, to the contraventional liability in case of non-compliance with the legal norms. The study emphasizes the advantages and benefits of teleworking both for employers and for employees. -
The importance of distributing of the amounts in the insolvency procedure is unquestionable. Practically, only at this point in time, the purpose of the insolvency procedure from the point of view of creditors can be palpable and achievable by covering their claims. The legislator’s imperativeness in relation to the order of payment of the claims, respectively of the distribution of the amounts obtained from liquidation, found in the legal regulations, is based mainly on the economic, social, humanitarian and juridical aspects of each type of claim and on the impact that the insolvency procedure, respectively the recovery or non-recovery of claims, may have on each category of creditors. In the context of the entry into force of the Law No 85/2014 on the procedures for preventing insolvency and for insolvency, we propose to analyze the procedure for the distribution of amounts and the order of payment of claims, in a comparative overview as to the old regulation, by emphasizing the notable differences in this field. At the same time, we will perceive this study by structuring it depending on the order of distribution of the amounts within the two fundamental categories of claims, namely the guaranteed claims and secured claims
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This study addresses, from a practical perspective, the freezing order referred to in the Law No 302/2004 on international judicial cooperation in criminal matters and presents some of the steps to be taken by the criminal investigation bodies from tracing an asset for which there is an associated alert, in accordance with the Decision 2007/533/JHA of the Council of Europe of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II), and by the recognition and enforcement of the freezing order.
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According to our traditional legal model, the French one, the author tries to outline the theoretical bases and the legal elements defining a Romanian littoral law. Starting from the problems of the development and protection of the Black Sea Romanian littoral, the existing national legislation, the requirements of its harmonization with the EU law and the international regulations in the field, fully expanding, the analysis addresses and formulates adequate answers related to the (legal) notion of littoral, the delimitations of the neighbouring and connected rights, the springs (internal, European Union and international), with particular attention in this respect to the Convention on the Protection of the Black Sea against Pollution, the general and specific principles related to the field, the specific concepts and terms, its character of protective law, of interference and with an integrated approach. Particular attention is paid to identifying the necessary connections, interdependencies and delimitations between the littoral law, the maritime law and the law of the sea. In the author’s view, the littoral law is a new field of reflection and a specific regulatory matter under development, with a normative proteiform tissue, but with two clear and precise objectives: rendering the economic and social development compatible with the increased exigences of protection and preservation, under the sign of sustainable development.
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In this article the author’s opinion is in favour of the existence of the principle of the legality of misconducts, in the sense that in order for a certain illegal act to constitute such a misconduct it must be qualified as such by law, as the case may be, by statutory, contractual dispositions or unequivocally resulting from the legal orders of the hierarchical leaders. It can not be arbitrarily or subjectively determined by the employer, according to his discretionary will. From this point of view there is a complete resemblance to the criminal law which enshrines the principle of legality of incrimination, that is of the establishment and enumeration of the offences – the sole basis of the criminal liability.
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This study aims at performing a critical analysis of the Decision No 814/2015 of the Constitutional Court, by which the Court ascertained the unconstitutionality of Article 60 (1) g) of the Labour Code, which regulated the prohibition of dismissing trade union leaders, except in cases they committed serious or repeated misconducts. Also, the study puts forward a critical exam of the provisions regulating the prohibition of dismissing trade union leaders, emphasizing regulatory errors, by using historical arguments, and making consistent references to the relevant international and European legislation and case law.
