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La France a instauré dès 19641 un système d’organisation et de gestion de l’eau par bassin. La planification résulte de la loi de 19922 avec la création du Schéma directeur d’aménagement et de gestion des eaux (SDAGE) à l’échelle du bassin et du Schéma d’aménagement et de gestion des eaux (SAGE) par sous-bassin3. En application des diverses directives communautaires ou de politiques spécifiques (risques, assainissement), ces planifications de base sont complétées par des instruments de gestion, des mesures et des programmes, à l’échelle du district hydrographique, du sous-district hydrographique. Cette planification a été enrichie d’autres outils de planification, le plus souvent à une échelle plus localisée (zone d’inondations par exemple). -
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After a general presentation of the institution of house arrest, the author analyzes a specific aspect referring to this new preventive measure provided in the new Criminal Procedure Code, namely the maximum duration of house arrest pending judgment at first instance. -
As the phrase „contractual balance” is too vague, for the purpose of clarifying its content, it has been used the notion of proportionality which is translated by a ratio between finality (purpose) and the means for achieving it. The proportionality, in its turn, does not consist in a mathematical relation, for this would mean ignoring the essence of the contract, namely the will of the contracting parties. So further specifications have been necessary in the sense that the proportionality is, at the same time, a measurement instrument and a sanction, namely a principle of fair-measure that puts into practice a finalised proportionality which relates to the legitimate objectives pursued or that should be pursued, which requires sometimes a strict proportionality, other times a relative proportionality, consisting in sanctioning only the obvious abuses. The proportionality contributes to the implementation of the principle of maintaining the durability and the efficiency of the contract, which favours the maintaining of the quality of the contract content, both at the time of its formation and for the duration of its performance, the sanction falling within the institution of lesion and, respectively, of unpredictability. -
The aggravation of the global ecological problems, including by multiplying and amplifying the effects of the acts of massive and sustainable destruction of the environment, as well as intensifying the concerns for its protection require also the increase of the contribution of the law, especially by strengthening the criminal response, by stressing the particularisation and increasing the efficiency of the measures adopted for this purpose. In expressing this tendency we are witnessing the emergence of a process of recognition and inclusion, thus, among international crimes, of the crime of ecocide, together with and in the potentiation of the meanings of the already existing one of genocide. It is perceived from a legal point of view and it is established in terms of action a new absolute value, that of the security of the planet. In this way, the concept of „crime against ecoumanity” is forged, opening new horizons for legal reflection and for relevant legal-administrative and judicial practice. As part of the effective approach, the definition of „ecocide” has a preliminary nature and it has already known relevant expressions. Among the latest projects of an international definition of ecocide it is distinguished that of the L. Neyret team (2015) and of the Stop Ecocid Foundation (2021). Their analysis, accelerated in the context of the absolute affirmation of the climate change, generates new concrete and doctrinal challenges, the expression of which is assumed as such. -
According to art. 147. (4) of the Constitution, the Constitutional Court rulings are generally binding. Therefore, the public authorities, including courts, regardless of their level, must observe the Constitutional Court rulings both in terms of the operative part and recitals thereof. Although they do not constitute a source of law, the High Court of Cassation and Justice judgments rendered after settlement of an appeal in the interest of law, require the courts a particular solution to a law issue, therefore an interpretation of legal rules. When performing the interpretation and application of law, a contingent conventionality control also occurs; such control is carrying out by this Court whilst assuming that the courts’ divergent practice is given by the different application of the (European) Convention on human rights and fundamental freedoms provisions. Not infrequently, the High Court of Cassation and Justice’s jurisprudence on the matters submitted to trial did not coincide with that of the Constitutional Court, and this study aims to point out and analyze such cases. The proposed solution takes into account a possible constitutionality review of the previously reported judgments of the High Court of Cassation and Justice; such control has already been carried out indirectly in certain rulings of the Constitutional Court. -
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Pursuant to Art. 147, paragraph (4) of the Romanian Constitution republished on October 31, 2003, “Rulings of the Constitutional Court shall be published in the Official Gazette of Romania. As from their publication, rulings shall be generally binding and effective only for the future”, and pursuant to Art. 147 paragraph (1) of the said Constitution, the provisions of the laws, ordinances and regulations in force found to be unconstitutional shall cease their legal effects within 45 days of the publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as the case may be, cannot bring into line the unconstitutional provisions with the provisions of the Constitution.. Under these constitutional requirements, the study’s authors comprehensively examine the casuistry these rules have generated, the Constitutional Court jurisprudence in the matters and so on, and the delicate situation arisen because neither the Constitution nor any other law expressly regulates the state of laws or Government ordinances (no longer existing) declared unconstitutional. -
Following the effective date of the Civil Code (Law no. 287/2009, as republished) as at the 1st of October 2011, which repealed the Family Code, and the adequate amendment and of the Law no. 119/1996 regarding the civil status acts, as republished, in this paper the author examines the legal provisions regarding the effects of the dissolution of marriage by divorce, making certain references to the late relevant case law of the courts of law. This paper examines mainly, the legal provisions regulated by articles 382-404 of the Civil Code. -
According to the Romanian legislation in the field, which existed prior to the entry into force of the new (Romanian) Code of Civil Procedure (15 February 2013) and labor addressing conflicts (disputes), the tribunal was usually the first instance court having jurisdiction to hear and the court of appeal had jurisdiction only on a single remedy at law (the appeal). After the entry into force of the new Code of Civil Procedure (Law no. 134/ 2010, republished on 3 August 2012), the situation has changed in that against the sentence of the first instance court (the tribunal) there is (except for the revision) a single remedy at law i.e. the appeal (within the Court of Appeal jurisdiction), appeal which is an ordinary, devolutive remedy at law. In this study, the authors analyze this situation stressing that, in principle, is the better for the parties to have nothing but the appeal (besides the revision) as remedy at law, instead of solely the recourse. -
Article hereby deals with the legal effects of Decision No. 573/2011 of the Constitutional Court on the plea of unconstitutionality of the provisions of Article 74¹ of the Criminal Code, focusing on its consequences in terms of reinforcing provisions of Article 10 of Law No. 241/2005 on preventing and combating tax evasion, as subsequently amended and supplemented. -
The author states that the criminal trial should take place with celerity, within a reasonable period of time, according to art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In this context, the submission by the defendants of applications to notify the Constitutional Court of exceptions of unconstitutionality that were previously dismissed numerous times represents an abuse of right committed for the purpose of procrastinating the resolution of the cases.
