-
The climate dispute, developed explosively in the last decade, has had a first experience also at the level of EU law through People’s Climate Case (2018) in which 10 families and a civic association have brought an action before the EU Tribunal against the European Parliament and the European Commission for the insufficiency of the objectives assumed in the matter of climate changes. It was required the cancellation of several European Union legislative texts in the clime package and a compensation for the prejudice claimed to be incurred in this context. By the Ordinance of 8 May 2019, the action was dismissed as inadmissible, as the conditions of Article 263 (4) TFEU were not met, whereas there had been challenged legislative texts which did not concern and did not affect the applicants individually. The case law thus created leads to conclusions notable for the climate justice. -
The procedure of registration of forgery is a procedural incident regarding the evidence by written documents, which can usually have as its object an authentic written document or a written document registered under private signature. In the case of authentic written documents, the procedure of forgery may be used when the authenticity of the findings made personally by the person who authenticated the document is contested, according to the law. In the case of the written documents under private signature, the procedure of forgery can be used when it is claimed that they have been fabricated, being admissible also in the assumption that such a document has been recognized by its author or has been verified in court, if it is proved that the recognition was the result of an actually excusable error. The investigation and establishment of forgery shall be carried out by the criminal prosecution bodies and criminal examination body or by the civil court, by incidental way, in the event that the criminal action cannot be initiated or cannot continue. The procedure of registration of forgery is applicable regardless of the nature of the forgery (material or intellectual) and false written document is also the one whose content is not real, even if there has not been committed by the operation of altering the reality. The provisions of Articles 304-308 of the Civil Procedure Code regulate the procedure applicable in the assumption of registration of forgery against a written document produced in a pending litigation, in which case the provisions of Article 315, of Article 5491 and of Article 580 of the Criminal Procedure Code must be complied with.
-
Divorce requires a continuous monitoring of the quality of adults-children relationships, as well as the development of some emotional connections based on authenticity, availability, respect, safety and warmth. In order to resolve the misunderstandings between parents regarding the exercise of rights and the fulfilment of duties, the court asks the delegate of the guardianship authority to conduct a psychosocial inquiry with regard to the conditions in which a child is raised and educated and how the parents fulfil their duties towards the child. One of the objectives of the psychosocial investigation must be to monitor the dynamics of the relations between the child and the parents after the divorce, because these relations do not have a fixed trajectory, being in a continuous modification and development. In the civil procedural law we do not find a minimum set of norms that regulate the procedure of carrying out the „psychosocial investigation” and the content of the „psychosocial investigation report”, a circumstance that has generated mainly a non-unitary case law, lacking the psychological component.
-
The intangible cultural heritage is a crucial factor in shaping the personality and identity of a human being. At the beginning of the 21st Century, faced with the deepening globalization, commercialization, consumerism, technological progress and urbanization, it is necessary to take, without unjustified delays and considering future circumstances, actions for the protection of the intangible cultural heritage. This study presents the genesis, the legal regulations and mechanisms that were developed under the aegis of the United Nations Educational, Scientific and Cultural Organization. The measures taken by UNESCO1 and by the individual states to reach the set targets should follow the spirit of tolerance, empathy, cultural plurality and respect for human rights.
-
The authors analyze, making comments on two cases of judicial practice in the field of risk drug trafficking also on performing operations with products likely to have psychoactive effects. Commenting on the first case, the authors observe the rarest that can be found in the judicial practice in the matter of drugs, namely the existence of a putative deed consisting in the transportation of a supervised delivered parcel in which all the drugs were replaced with other materials, and the person who carried the parcel without drugs was accused of trafficking of risk drugs in the modality of transportation of drugs without right. Commenting on the second case, the authors criticize a solution given by Tribunal of Brăila and the Court of Appeal of Galați, on the ground that the convicted defendant was, in fact, in a factual error with regard to the fact that in the small envelopes he traded as ethnobotanical products there have been identified fragments of cannabis plant mass.
-
The law amending and supplementing the Law No 254/2013, a law which has not been promulgated and has not entered into force, has been through a controversial legislative process, involving the disregarding by the legislative power of the effects specific to the decisions of the Constitutional Court, pronounced before the enactment of the laws, assisting in the delivery of three decisions of the Court with regard to the same law, by two of them being established the unconstitutionality of the law as a whole. Finally, as a result of the cessation by law of the legislative process, the only possibility of the legislative power to regulate the regime of home detention is represented by the start of a new legislative approach, this time in compliance with the principle of bicameralism. At the same time, the intrinsic analysis of the provisions regarding the regime of home detention has resulted in the identification of legislative gaps, of the lack of clarity of the legal nature of the institution, of the lack of precision and predictability in the process of applying the regime of home detention, as well as in the identification of numerous cases of legislative parallelism. In compliance with the legislative will to establish the regime of execution of the imprisonment sentence at home, the results of the intrinsic analysis have led to the formulation of some de lege ferenda proposals regarding the regulation of the regime of detention at home, by amending Law No 254/2013.
-
A new decision of the European Court of Human Rights (the Judgment of 19 June 2018 pronounced in the Case Bursa Barosu Bașkanligi et al. against Turkey) strengthens the case law according to which the useful effect of the right to a fair trial presupposes also the right to execute the justice decisions (inaugurated in 1997), including those that protect the environment (initiated by the Judgment of 12 July 2005 in the Case Okyay against Turkey) and opens new perspectives in this matter. Limited to procedural issues, the decision contributes, however, to the nuancing of the problems, encourages the progress of the effectiveness of environmental law by judicial means and, through the suggestions offered, underlines the need to particularize the legal reaction to the specific of the ecological realities. The deception is mainly resulted from the limitation to the data of the judicial precedent and the failure to fully use the capacities related to the involvement of the civil society in promoting the environmental judicial progress.
-
The theme of this study is the public order considered in its sense of limit of the principle of contractual freedom. The author starts in the analysis of this concept from the finding that, at present, it is almost impossible to formulate a definition sufficiently comprehensive, in order to be unanimously accepted by the specialized doctrine and by the case law. This is because it is a notion whose content is constantly evolving, depending on the needs of the judicial life, which is in an increasingly accelerated dynamics. Therefore it finds that the current public order has two components: the classical public order and the modern public order; the first has been and continues to be conservative and the second intends to be innovative. The classical public order usually consists in defending the main pillars of support of the society, such as: the state, the family and the individual, as well as the fundamental human rights, called „personality rights”. The modern public order has the mission to respond to the demands of the contractual life, determined mainly by the great economic changes that took place and continue to take place in the modern society.
-
Any attempt in the sphere of the humanities to characterize and explain the man in his individuality, but also in the social existential context relates also to the problem of freedom. Freedom is essentially related to the human being, but also to the existential phenomenality of man. Man is the only being whose fundamental ontological dimensions are freedom and spirit. In this study, the authors briefly analyze the concept of freedom not only as a moral value or category, but especially as an ontological dimension of man. In this way, the distinction is made between the ontological freedom and the legal freedoms established or recognized by means of legal norms by the state. The legal freedoms are a phenomenal expression of human existence, whose legitimacy and ground are conferred by the ontological dimension of human freedom. In this context, there are analyzed the main characteristics of the legal freedoms and the practical importance of the ontological meaning that must be found in the freedoms established by law.
-
In the present scientific study, we decided to carry out a thorough investigation into the concept of applying criminal liability for swindling in the conditions in which the state has a limited role in regulating the economic market relations and the coercive methods of preventing and combating this crime which must have a status subordinated to economic, informational, political, juridical-civil methods. In order to make the prevention of scams more effective, it is necessary to strictly correlate it with the many transformations and processes taking place in the political, economic, social and ideological domain of the state.
-
This paper presents an analysis of the legality of the decisions made by the administrations of the places of detainment to forbid to the persons deprived of their freedom to receive and acquire different categories of foods, decisions based on safety reasons regarding the detainment, as per Article 148 (6) in the Regulation of Enforcement of Law No 254/2013, as well as the extent to which these decisions violate or not the right to receive and buy goods according to Article 70 from the Law No 254/2013. The paper summarizes the currents of opinion formed both in the practice of the judges of surveillance of deprivation of liberty, as well in the courts by displaying certain judicial situations regarding the nature of some foods which are not particularly regulated in Annex 1, Title IV of the Regulation, situations which not even at present have received unitary unification in relation to the character of the actions taken by the prison as a restraint or a reduction of the right to receive and buy goods. The conclusions of this endeavour offer a possible solution to this problem of great actuality in practice starting from the assumption that reducing the exercise of the right to receive and buy goods is legal in the extent to which the principles of legality, equity, the realization of goals and proportionality are abided.
-
Air pollution is the biggest environmental threat to public health; every year, it generates the premature illness and death of over 5 million people worldwide and over 400 000 inhabitants of the EU. Such realities and the proliferation of the cases of non-compliance with the legal regulations and the measures adopted to prevent and combat air pollution have generated an increasing and more diverse judicial contentious, both at national level and at the level of the jurisdictions of the EU. By the Judgment of 26 June 2019, the Court of Justice of the EU has pronounced a solution for the reference for a preliminary ruling raised before a Belgian tribunal on the interpretation of Articles 6, 7, 13 and 23 and of Annex III of Directive 2008/50/EC. The intention was to find out to what extent the national jurisdictions can control the location of the sampling points and if it is possible to establish an average value, starting from the results of the different measuring stations, in order to evaluate the compliance with the limit values. The Court of Justice of the European Union has stated that national jurisdictions are competent to control the choice of the location of the air quality measurement stations and to take, with respect to the national authorities concerned, any relevant national measure; in order to evaluate the compliance with the limit-values, the pollution level of each sampling point must be taken individually. The new case law of the Luxembourg court contributes to strengthening the environmental contentious and its role in ensuring the application of the regulations in this field.
