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In this study, the authors examine 12 texts in which the new Romanian Civil Code (published on 24 July 2009, but not yet effective) explicitly provides for using the procedure of presidential ordinance in 12 clearly stated situations -
This study analyzes the scope of application of the indirect action and of the Paulian (revocatory) action both under the influence of the Civil Code of 1864, as well as under the influence of the current civil legislation (the Civil Code of 2009). The study follows the practical application, specifically, of these actions to a variety of rights which might be exercised or revoked through them, also making reference to the specialised French doctrine. There are analyzed the specialised doctrine of our country, both current and older, as well as some judgments delivered in this matter by the law courts. There have been distinguished the novelties brought by the Civil Code of 2009, in the end making a comparative enumeration of the changes brought to these institutions by the new civil legislation. -
Tax domicile is defined in the Fiscal Procedure Code in order to provide solutions to some problems of administration of taxes, contributions and other amounts owed by taxpayers, especially those on the tax registration and establishing territorial competence of the fiscal bodies. Also, the tax domicile is important in a fiscal legal relationship, in the relationships of the taxpayer with the tax authorities in case the taxpayer may be represented by an empowered person. The taxpayer with no tax domicile in Romania, who has the obligation of submitting tax declarations to the tax authorities should designate an empowered person, with tax residence in Romania, with some exceptions recently regulated by the Fiscal Procedure Code. Based on the importance of the correct determination the taxpayer’s tax domicile, the study aims to examine the legal implications of tax domicile in the procedure for the administration of taxpayers. -
An application of the new technologies has involved a modern regulation, and the European states have received the electronic form of the patient file and have transposed it into a relatively recent regulation, and the novelty of the problems and the strict dependence on the IT platforms have led to successive changes in the legislation, at the level of several states. Adjustments, correlations, adaptations took place at the law-technology border, in relation to the „physical” reality of the national medical system. The electronic health file does not have the role of replacing the „classic” file, in written form. The latter remains in the circuit of the health system and preserves its usefulness, and the medical act is not conditioned by the existence of an electronic file. From the DES perspective and for the usefulness of the approach undertaken, some guarantees of the protection of private life and personal data were verified. The secrecy of the data concerning health is no longer just a „privacy” between the patient and a limited number of people, but is „displayed” on an IT platform, to which several natural persons/entities have access, the technical access key (matrix, user, password) is entrusted to the users through the administrator, given that the Internet is an environment susceptible to the generation of security breaches. Granting access to the entire electronic file implies that the medical staff is aware of all the information and all the health problems of a person. The secret becomes a „shared” one and the central problem (of the patient) is the control – over the private life, over their own personal data, over the information that, otherwise, they would not want to be disclosed in a virtual environment. At issue is not only a balance between public interest (public health) and private interest or between personality rights that can end up in a conflicting position. If it will be proven that the interest of the medical care coordination prevails over the patient’s acceptance, then the electronic file will remain outside the true control of its owner. But, if, on the contrary, the patient has the prerogative of control (with justified, strict, limiting exceptions), then his right to limit access to the file will be recognized. -
This paper presents the author’s vision on the legal consequences of the implementation of a concept, the National Electronic File, which involves the electronic visualisation of the documents existing in a file pending before a court of law and the possibility of electronic communication of the procedural documents both from the litigant to the court and vice versa, from the court of law to the litigant. Starting from some principles, such as the facultative nature for the citizen and the mandatory nature for the public institutions to use this electronic mechanism, and taking into account regulations from the comparative law, the main directions for amending the codes of procedure are presented, in order to achieve a simpler, friendlier and, last but not least, more efficient justice. -
Transnational law is one of the topics hotly debated by the legal scholars all over the world. The present paper furnishes some research instances able to stress the importance of the transnational law itself. The so-called „supply chains” require the virtues of the transnational law, mainly understood as methodology, to be put in action. From a practical point of view, this paper points out the way in which the nations-States and corporations behave in settings truly transnational. From an academic point of view, this paper invites the Schools of Law from Romania to include the so-called „Theory of Transnational Law” in their academic curricula. -
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Potrivit art. 145 alin. 12 lit. f C.pr.pen., organul judiciar care a dispus mãsura preventivã a obligãrii de a nu pãrãsi localitatea poate impune învinuitului sau inculpatului ca pe durata mãsurii „sã nu exercite profesia, meseria sau sã nu desfãșoare activitatea în exercitarea cãreia a sãvârșit fapta”, și anume sã nu-și exercite atribuțiile de primar (cu notã criticã). -
In the above study, the author makes an analysis of the majority shareholder’s right to exclude the other shareholders from the companies traded on a regulated capital market (a right that is generally known under the English name squeeze aut) both in the light of the European Union Directive 2009/25/EC of 21 April 2009, and according to the (Romanian) law no. 297/2009 on the capital market, reaching the conclusion that the exercise of this right serves the interests of minority shareholders as well. -
The study analyses the right of the accused to participate in the judgement of the case, the notification thereof and the finding of an obvious avoidance that allows for a decision to be taken in absence. In addition, there are analysed practical cases about the judgment of the case in the absence of the defendant for the reason of deliberate avoidance, as well as for reasons imputable to the authorities when the defendant has not been properly summoned. -
The transition to the „digital age” marks all areas, being impossible for the administrative action and the administrative law to be placed outside this phenomenon. In the context of the transformations regarding the progressive replacement of the unilateral character of the administrative action with models based on dialogue and consensus, as well as the transition from the representative democracy to the participative one, the generalization of the digital dialogue between the administration and the citizens is a way to promote new, collaborative forms of administrative action. These bring a more important involvement of the public in the elaboration of the administrative decision, including by redefining the practices of public consultations, carried out on more flexible, less rigid channels. The challenge of digitalization concerns to the same extent also the administrative law, a science that, under the pressure of this „tsunami”, is forced to undergo mutations in its foundations: the administrative act and the drafting process
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In the last decades, administrative law underwent a phenomenon of didactic fragmentation which nobody can ignore today. Numerous monographies within the doctrine of public law, whose purpose – stated in their own titles – is to treat, from multiple perspectives and in a more or less profound manner, (very) narrow subjects of administrative law, have invaded the book market. It happened not only in Romania, but also in France, a country which reasonably claims to be the homeland of administrative law as a branch of law, and therefore as a teaching subject, in its current European continental approach. This literary explosion went hand in hand with an unprecedented proliferation of master studies specializations offered by higher education institutions, in the area of administrative law and/or public administration. Are these phenomena able to fragment the theoretical discourse of administrative law in such a way that this subject loses its unity and, hence, ideological identity? Most likely not. The model proposed by us – that of the five ideological foundations of administrative law – seems to have the ability to prevent the undesirable result hereabove mentioned. With these five ideological foundations – the public administration, the public authority, the public service, the public interest and the public power – almost all the defining and descriptive equations of the major institutions of administrative law (such as the civil service, the public domain, the public enterprise, the unilateral administrative act, the administrative contract, the administrative litigation and public authorities’ financial liability for damage caused by their illegal acts) are likely to be solved. And if this is possible, then the idea of ideological unity/identity of the administrative law is safeguarded, despite the didactic fragmentation previously envisaged.
