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In this article the author, starting from a case settled by the courts, refers to the patrimonial liability of the legal advisers. In essence, he points out that in the exercise of their profession, they undertake the obligation of means (of diligence), in the sense that they have the duty to make all the necessary diligence, all their (professional) knowledge and efforts so that the expected outcome be achieved. In the contrary hypothesis however, when acting negligently, unprofessionally, etc. and cause damages, the legal advisers will be liable in terms of patrimony (on civil-contractual terms) to their employers. -
Following a critical study of the provisions of the Government Ordinance No 121/1998 on the material liability of the military, the author points out that this normative act is contrary to Article 73 (3) j), Article 118 (2), (3) of the Constitution. The juridical reasoning is based on the standard imposed by the case law of the Constitutional Court in respect of the status of the public officers and of the military staff, the author emphasising the necessity to adopt an organic law/several organic laws to regulate the material liability of the military staff and of the public officers within the Ministry of National Defence, Ministry of Internal Affairs, the Romanian Intelligence Service, the Protection and Guard Service, the Foreign Intelligence Service, the Special Telecommunications Service and the Ministry of Justice.
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The study analyzes Article 961 of the current Civil Code on the removal of the effects of unworthiness, introduced as a novelty, to the previous regulation. There are analyzed the conditions in which it may be operated a removal of the effects of successoral unworthiness by the express forgiveness. Then, it is analyzed whether or not it may operate the removal of the effects of successoral unworthiness by the tacit forgiveness of the unworthy, with arguments in a negative sense. Within the study it is examined the future of the legacy left by the testator by a testament drawn up after the act of successoral unworthiness has ben committed, whether it has the meaning of forgiveness of the unworthy and of removal of the effects of unworthiness or whether, without having these meanings, it is actually recognized the right of the legatee to collect the legacy left by the testator by a testament drawn up after the act of successoral unworthiness has ben committed.
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In this study we have analyzed the effects of the situation of incompatibility in which the local elected representatives, especially the mayors, can be found, as this situation has been established by the prefect or by the National Integrity Agency through the evaluation report. Thus, in the first case, finding the incompatibility entails the lawful cessation of the mayor’s mandate, if he will not renounce the incompatible function within the time limit provided by the law, and, in the latter case, the state of incompatibility has as consequence the prohibition of the person declared incompatible to fill an eligible position for a period of 3 years from the date of cessation of the current mandate or, respectively, from the date of the final assessment report of the National Integrity Agency. In other words, not even if the National Integrity Agency establishes it, the state of incompatibility is not an implacable reason for lawful cessation of the mayor’s mandate, but, on the contrary, it can avoid such a consequence by renouncing the incompatible function within the same period provided by the law in case the incompatibility is established by the prefect.
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The momentary transformations taking place in the Republic of Moldova have as objective to adjust the national legislation to the international standards, in which the way of solving the co-relation between the interests of the person and the State’s interests is made at optimum level. Contradictoriality has a special importance on the whole part of the criminal procedure system, determining, in many directions, the weight of the legal status, the relations of opposition or collaboration between the participants in the criminal trial, as well as the legal relationships established between the participants in the trial and the court of law.
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Applying the more favourable criminal law requires the existence of a transient situation when, from the moment of committing an offence and until the execution or consideration of the punishment as executed or until the removal of the conviction consequences, one or more penal laws have appeared. However, we will not be in the presence of a transient situation in the case of conditional release from the execution of a resultant punishment, applied for committing a plurality of offences, the sanctioning of which was based on the present Criminal Code, according to the provisions of Article 10 of the Law No 187/2012, the only applicable law being the 2009 Criminal Code, according to the principle of criminal law activity. In this hypothesis, as a consequence of the resulting punishment for committing a plurality of wholly committed offences under the new law, the initial moment from which to assess the existence of a succession of criminal laws over time will be the date when the plurality of offences is finalized.
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There are many questions concerning the context in which we witness the entry into force (on 25th May 2016) of the General Data Protection Regulation (GDPR) and its application (starting 25th May 2018). The answers can be numerous: political, sociological, journalistic, etc. However, we choose to analyse from the legal point of view. The GDPR was adopted taking into account the weaknesses that the Directive 95/46/EC has shown, specific weaknesses, in fact, of a EU legal act of this type, compared to the type of regulation. The Directive in question has failed to prevent the fragmentation of the way data protection has been ensured in all EU Member States. Legal uncertainty or public perceptions according to which there are significant risks to the protection of individuals, especially online, have been widespread. It is further added that the differences in the levels of protection existing in the 28 EU Member States, differences due to the transposition and application of the Directive, have sometimes led to a slowdown in the application of the principle of the freedom of movement of personal data within the EU, which may constitute real obstacles to economic activity at this level, distorting competition and preventing authorities from fulfilling their responsibilities under EU law.
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This paper analyses the concepts of harmonization, approximation of laws and the establishing of minimum norms in EU law, with an emphasis on the criminal European law. These notions are followed since their creation, first in the internal market and then, in the area of freedom, security and justice, through all avatars they got through alongside the evolution of the EU integration process. Without a legal definition, the meaning of those concepts was created and then partially contested by legal authors. Though, there is still a debate between some authors about the differences in the nuances of those legal notions specific to EU law, the majority of legal thinking agreed that all these notions are reflecting the same idea of vertical integration of EU law. Another major influence upon defining those concepts in the criminal European law was represented by the EU Court of Justice case-law in the Environmental Crimes Case and Shipping Pollution Case, setting out, for the first time, a constitutional basis for the creation of criminal European law: the principle of effectiveness combined with the principle of loyal cooperation. The final part of this study analyses the harmonization and the establishment of minimum standards in criminal European law in post-Lisbon era, taking into consideration all important changes brought by this treaty, such as the fully constitutional basis for harmonization and mutual recognition in the criminal law area of the EU.
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The enforcement of enforceable titles consisting of judgments regarding budgetary claims, owed on the basis of some contractual legal relationships, which become revenue to the state consolidated budget, was a distinct issue dealt with in the practice of the courts of law, as a result of different legal application and interpretation of incidental legal texts. It was the judicial practice that led to the intervention of the High Court of Cassation and Justice, called upon to issue a preliminary ruling for the settlement of a matter of law regarding the interpretation of the provisions of Article 623 of the Civil Procedure Code in relation to Article 220 (3) and (5) and Article 226 (3) of the Law No 207/2015, in the light of Article 3 (1) of the Law No 273/2006 and Article 3 point 18 of the Law No 69/2010. The solution of the High Court of Cassation and Justice confers the competence of enforcement of the above-mentioned obligations to the tax executors, as executing authorities of the State.
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Atunci când se instituie măsuri asigurătorii în procesul penal nu este necesar să se indice sau să se dovedească ori să se individualizeze bunurile asupra cărora se înființează măsura asiguratorie. (Înalta Curte de Casație și Justiție, Completul pentru dezlegarea unor chestiuni de drept, Decizia nr. 19/2017 – cu notă critică)
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Pentru existența faptei prevăzute de art. 337 C.pen., refuzul sau sustragerea trebuie să privească supunerea la prelevarea de mostre biologice, spre deosebire de vechea reglementare a faptei, unde se prevedea că acțiunea autorului putea să se refere și la refuzul sau sustragerea de la supunerea testării aerului expirat.
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The legal circulation of lands has raised for discussion the necessity of adoption of a normative act which would provide for the alienation of lands, the conditions for acquiring the right to private ownership over lands, but also the possibility for foreign citizens, stateless persons and foreign legal persons to acquire the right to private ownership over the lands in Romania. Thus, it was adopted the Law No 312/2005 on the acquisition of the right of private ownership over the lands by the foreign citizens and stateless persons, as well as by the foreign legal persons. Then, it was also adopted the Law No 17/2014 on certain measures regulating the sale and purchase of the agricultural lands situated outside the built-up area and amending the Law No 268/2001 on the privatization of trading companies which have under administration lands in the public and private ownership of the state with agricultural destination and on the establishment of the Agency of State Domains.
