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The question of law to which the present paper intends to provide an answer concerns the processual remedy whereby it is intended to put an end to the effects of a precautionary measure taken by the prosecutor in the course of the criminal prosecution, in the particular assumption that, in the course of enforcement of the criminal judgment, the prejudice caused by committing the offence is recovered otherwise than by the realisation of assets subject to that measure. From the legal regulation of the matter of precautionary measures in the criminal trial it follows that there are three processual remedies whereby it is intended to put an end to the effects of a precautionary measure, in general: the contestation against the act of taking the precautionary measure, the contestation against the manner of carrying out the precautionary measure, the application for lifting the precautionary measure. Among these, the application for lifting the precautionary measure is the processual remedy specific for the assumption which we are analysing. The former defendant must file an application having as object to lift the precautionary measure, legally grounded on Article 957 (1) of the Civil Procedure Code. It will be addressed to the civil court and will be solved according to the procedure provided by the legislative text to which we referred. The civil court is the one that will verify the fulfilment of the condition that the debtor (the former defendant) gives an satisfactory guarantee. -
The rule of issuing urban planning permits (building or demolition permits) under the reserve of respecting the civil rights of third parties has two important consequences. First, it makes it clear that this sort of administrative permit does not affect the rights of the third parties; second, it means that the subsequent civil right is not taken into consideration in the management of the file and the issuing of the permits. The said permits solely assure the respect of urban planning law, excluding private law obligations and servitudes.
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The idea of this study has been suggested to us by the phrase the subjective right to contract, used in the name and the content of an article relatively recently published in „Dreptul” magazine. Wishing to find out how it was motivated from a logical-legal viewpoint and what such a subjective right involves, we read the article but, to our surprise, we have noticed the lack of any action in this respect. The aspects that have drawn our attention have become reasons why we have decided to try to substantiate some logical-legal solutions regarding some legal notions or phrases, in relation to which the author of the article refrained from arguing her own options, such as the subjective right, the subjective right to contract and the good faith in relation to bad faith.
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In the absence of technical basis, the two criticized normative acts, through the refusal of the legislature to consider the reactions of all actors involved and relevant institutions, the legislature has transformed the principles of law and rules of law into abstract and worthless rules that can be violated at any time. The intervention of the Constitutional Court through its two decisions (Decision No 623/2016 and Decision No 62/2017) restored legal order, which was seriously violated by these acts.
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The Regulation (EU) 2016/679 provides a special protection regime for the sensitive data, given the nature of the information and the high risk of processing it in relation to the rights and freedoms of individuals. The regulation of the rights of the persons concerned is considerably improved, and the set of obligations incumbent for those responsible is strengthened. The international transfer of personal data knows several methods, depending on the existence of the decision concerning the adequate protection level or the presence of the appropriate guarantees. Among the novelty elements we can find the creation (at national level) of a unique contact point and the establishment of the European Committee for data protection (body of the Union, with legal personality).
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This study deals from a theoretical point of view with the offence of conflict of interests in the light of its new regulation by the provisions of Article 301 of the Criminal Code. It also has in view some decisions of the Constitutional Court and of the High Court of Cassation and Justice which bring clarifications and simultaneously place on a constitutional path the legal text mentioned above. Within the paper it is also made a comparative analysis between the criminal incrimination of the conflict of interests and other provisions covering administrative aspects of this notion. -
As a legal instrument of applying the principle of prevention, fundamental to environment law, preliminary authorizing polluting activities consists of an administrative act (permit) ruled by a special legal regime. It is based on assessing the environmental impact, it knows a special request, management and issuing procedure, and it establishes the conditions and/or parameters of functioning for an existing or new activity, having a potentially significant environmental impact. As an individual, real, regulatory act, the environmental authorization bears a complex version, in the shape of the integrated environmental authorization.
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The matter of personal data was subjected to review, in order to adapt the dynamics of the new technologies to the imperatives for protecting personal life. Regulation (EU) 2016/679 and Directive (EU) 2016/680 have as their object the personal data processing operations and reflect the process of adaptation to the new national and cross-border realities, and also reflect the harmonization of the numerous proposals formulated, particularly by companies and by the representatives of the civil society. The analysis concerns the new Regulation (EU) 2016/679 and is divided as follows: the first part delineates the relevant provisions of the personal data, identifies the right to privacy and the right to the protection of personal data, as fundamental rights of individuals, outlines the scope of the Regulation, details the terminology aspects and exposes the personal data processing principles; the second part addresses the rights of the persons concerned and the obligations of professionals in handling the personal data, the international data transfer, control authorities and procedures envisaged in the interstate cooperation.
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This study deals with aspects related to the procedure of recourse in cassation, which involves two stages: the admissibility in principle, which plays the role of a filter of recourses in cassation, and the examination of the recourse in cassation after the admission in principle. There are presented the effects of the recourse and the solutions that can be given for its settlement, underlining their lack of correlation with the cases of recourse in cassation, where appropriate, in the light of the decisions of the High Court of Cassation and Justice. Likewise, the decisions of the Constitutional Court and the legislative amendments operated so far concerning the trial procedure of the recourse in cassation will be considered. -
Present in the Romanian Criminal Code (Article 356), with ancient tradition of incrimination, the contamination of water makes the transition from the offences against public health to those concerning the environmental protection, meaning that, although being, in principle, a hazard offence, it involves an immediate result (harmful nature). This situation creates a series of difficulties in practice, including in terms of evidence, as it arises from the recent case law, a fact that requires a series of clarifications.
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The purpose of this paper is to offer the reader a brief incursion in the procedure of expropriation for cause of public utility, necessary to achieve some objectives of national, county and local interest, as it is regulated by the Law No 255/2010, as amended and supplemented. In this regard, the paper contains references to the relevant national case law, but also to the Norms of application of the Law No 255/2010, as well as to the applicable civil processual provisions, where appropriate.
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The archaeological sites – material forms of our past – are a finite and non-renewable resource of knowledge of our history, in a constant state of vulnerability to external factors that can lead to their irretrievable loss. Among these factors, the most destructive one that can be distinguished is the phenomenon of archaeological poaching as a source of supply to the national and international art markets. The illegal trafficking of cultural goods, often also involving activities of laundering of money or even of terrorism, is a widespread phenomenon worldwide. In order to fight it, the real protection offered to archaeological sites and museums, as well as ensuring the effectiveness of the instruments of international cooperation are the most effective means for defending the national cultural heritage.
