Întrebarea pe care ne-o punem cu toții este cum să construim o societate a bunăstării, în care să domnească cel puțin o bună înțelegere și toleranța, o societate non-agresivă, dacă o societate consensuală nu este posibilă. Răspunsul ar putea fi preferința pentru dialog; deci este necesară crearea de instituții și proceduri care prin mijloace juridice să asigure consolidarea democrației. Revizuirea Constituției este o importantă pârghie pentru a se atinge acest scop. Buna guvernare și consolidarea statului de drept se pot obține prin amplificarea rolului dreptului în sistemul politic statal, astfel încât democrația și o participare publică reală la formularea și adoptarea actelor normative secundare și chiar terțiare să fie consacrate prin norme juridice constituționale.

In respect of the contract of transport, the provisions of the new Romanian Civil Code in the matter (Articles 1955–2008) have the nature of general law, which, as the case may be, is supplemented by the special legislation, specific to each type of transport (rail, naval, road, air). Considering the above, this study makes an analysis of the provisions of the new Civil Code referring to a limited aspect, namely a summary on the rules of this Code, with reference to the civil-contractual liability of the transporter in the contract of transport of goods.

Potrivit art. 320 C.pr.pen., dacã pânã la începerea cercetãrii judecãtorești inculpatul declarã personal sau prin înscris autentic cã recunoaște sãvârșirea faptelor reținute în actul de sesizare a instanței și solicitã ca judecata sã se facã în baza probelor administrate în faza de urmãrire penalã, instanța va pronunța condamnarea inculpatului, care beneficiazã de reducerea cu o treime a limitelor de pedeapsã prevãzute de lege, în cazul pedepsei închisorii…

The article proposes procedural solutions, in compliance with the requirements of the ECHR practice, when changing the legal classification given to the deed, in appeal, by appreciating that the change in the legal classification given to the deed by the act of referral can be made by an undeniable conclusion, prior to the debate on the appeal, or by the conclusion for reinstating the case on the list of cases, provided that the court has debated the appeal, pending further ruling also for the reason concerning the change in the legal classification, which it found to be well-grounded.

Recent legislative interventions have brought important innovations on mediation, and one of them has promoted the sanction of dismissing the claim as inadmissible in case of claimant’s failure to observe the obligation to participate in the briefing on the advantages of mediation. The author determines the conditions for applying this procedural sanction, which he considers extremely severe and even excessive. Inadmissibility for not participating in the briefing is being also examined in the light of the provisions of art. 21 of the Romanian Constitution, regarding the free access to justice and the provisions of art. 6 of the (European) Convention on Human Rights and Fundamental Freedoms. Secondly, the author notes that the sanction of inadmissibility applies only to the claimant. He believes, however, that the respondent may be subject to a judicial fine should he/she fail to appear in the briefing, according to Art. 187 item 1 letter f) of the new (Romanian) Code of Civil Procedure entered into force on February 15, 2013.

As expected, sanctions and solutions covered by the Code of Civil Procedure of 1865 were taken over by Law no. 134/2010 regarding the Code of Civil Procedure (republished) entering into force on February 1, 2013. In this regard, fines, voidness, decay, obsolescence, application rejection or accept are regulated. The latest law also establishes new sanctions and solutions, some of them unusual: closing the case, out of trial, trial settlement, ignoring, remaining ineffective.

In the practice of the courts in our country the punishment imposed for the offence of unintentional killing is, in most cases, imprisonment with suspended execution, even in the situations where the guilt rests solely on the offender or when there are several victims, a fact which can call into question the manner in which the principles governing the individualization of punishments are implemented, whereas, by imposing excessively lenient punishments, in relation to the seriousness of the facts, the desideratum concerning the educational and preventive role thereof is not achieved.

The attributions that confer substance to the activity of the prosecutor before the jurisdictional body are the participation in the trial of the criminal and civil cases, the exercise of the means of appeal against the judgments, the examination of the cases of non-uniform application of the law and the analysis of the cases in which the courts have delivered final judgments of acquittal, return or referral to the prosecutor. In criminal matters, the prosecutor mandatorily participates in the trial, under the sanction of absolute nullity, in the cases where the law expressly provides for his participation, and optionally, in cases other than those in which the law establishes the obligativity of participation. In civil matters, the rule is that the prosecutor takes part in the trial optionally, when he considers it necessary to defend the rule of law, the rights and interests of citizens. By way of exception, the prosecutor mandatorily participates in the trial of the civil cases when the obligativity is expressly provided. In criminal matters, the law opens for the prosecutor the path to exercise all means of appeal, ordinary (appeal, contestation) or extraordinary (recourse in cassation, contestation for annulment, revision), against various judgments. In civil matters, the prosecutor may exercise the means of appeal when he deems it is necessary to protect the rights and legitimate interests of minors, of the persons placed under interdiction and of the missing persons, or when he has participated in the trial of the case.

The study under the heading above reviews the relationship between the European Parliament and national parliaments of the 27 EU Member States (including, where appropriate their regional parliaments) in the light of provisions brought under the Treaty of Lisbon (effective since December 1st, 2009).

The judicial practice, including that of the Supreme Court, reveals difficulties in applying the sanction of nullity, in particular in case of virtual nullities. In this context, the author shows that it is necessary an applied analysis of the theory of nullity, in order to establish a staging of the judicial approach undertaken for applying this sanction. An interdisciplinary approach for the purpose of establishing the role of the condition of injury in such approach contributes to the avoidance of the confusion of the virtual nullity with the relative one.

This article investigates how the postcommunist Romanian political regime was defined, with particular emphasis on the settlement of legal conflicts of a constitutional nature through the decisions of the Constitutional Court. Through this research we aim to identify the successive incarnations of the political regime, having as a reference the dynamics of the postcommunist Romanian political regime in relation to the continuous and varied relationship of the forces of political actors, as well as to the way in which they interpret and apply the constitutional norms. The originality of this research lies in the fact that in the analysis of the Romanian political regime we will combine the normative-institutional perspective with the perspective of the political and institutional practice, in order to obtain a complex picture, overall, on the way of formation and articulation of the Romanian political regime. The article highlights a permanent evolution of the political regime in relation to the continuous and varied relations determined by the forces relations of the political actors, as well as by the way in which the constitutional rules are interpreted and applied by them. The intrusion into the Constitutional Court’s jurisprudence in settling legal conflicts of a constitutional nature confirms the analysis of the political scientist Giovanni Sartori, according to which the alternation of the nature of the post-communist Romanian political regime is determined by the political and institutional practice built in relation to the political relationship between the president and the parliamentary majority. Defining the nature of the Romanian political regime helps us to understand the dynamics and frequency of constitutional crises

The scientific approach of the authors starts from the fact that, when it comes to concepts such as, for example, resilience or victimology, which can not be understood or applied without a multidisciplinary, interdisciplinary or even transdisciplinary approach (see the conclusion which the authors have reached with regard to the possibility of appearance of a new discipline, namely legal resilience), the competences of the legal science specialists, in general, and of those in the field of criminal law, in particular, together with the competences of the specialists in psychology, psychiatry, and others, are extremely important. The authors place the above-mentioned concepts on the law – psychology – psychiatry interface and they analyze them from the perspective of the criminal justice and of the relationship between the persons involved, respectively the victims of crimes (minors and adults to the same extent), with society, but also with the aggressor, both before committing the criminal act and thereafter. Moreover, with respect to resilience and victimology, after it is pointed out that they do not have unique definitions, generally-accepted, there are also revealed the essential points on which those involved in the research of these matters have agreed upon, as well as the exchange of information and of procedures performed at the the boundary between resilience and victimology. At the same time, the criminal justice is not treated under a retributive aspect, but more from the point of view of a reparative, restorative justice, of the means by which it contributes to the mental health of the victims, of the populations that live in traumatized societies, to repairing the social trauma, to establishing the causes and the prevention of victimization, etc. At the same time, the authors also present the guarantees of the right to a fair trial granted to the victims of crimes, as well as some regulations intended to prevent victimization and to grant legal protection to the persons in precarious situations, such as: refugees, mentally ill, abandoned children and others.

The problem of admissibility of revocation of the legal acts of labour law issued by the employer has been disputed for more than four decades. Within this framework, this study supports the affirmative solution, namely that of revocability by the employer of all its unilateral acts. Essential arguments consist in the specific nature of the labour legal relations, specific nature which excludes the application of the civil rules as rules of common law, according to Article 278 (1) of the Labour Code. While in the civil law the unilateral legal acts are, as a rule, irrevocable, in the labour law – an autonomous branch of law – the same category of acts are revocable.

Este în afara oricărei îndoieli că tradiționala clasificare a constituțiilor în constituții rigide și în constituții suple rămâne o teză unanim admisă de către constituționaliști. Cei care critică această clasificare o fac fie din ignoranță (și aici replicile sunt inutile), fie din motive pur electorale, mai mult sau mai puțin motivate. Pentru liniștea sufletească a acestora din urmă, trebuie să se observe că doctrina constituțională explică foarte clar faptul că rigiditatea unei constituții nu se opune revizuirii sale. Rigiditatea constituțională este de fapt un procedeu tehnic (constituțional) care se legitimează prin stabilitatea în timp a constituției, ca trăsătură definitorie a acesteia. Iar stabilitatea constituției se fondează, la rândul său, pe realitatea că o constituție este o reformă, este cea mai complexă reformă, a cărei exprimare cere timp și, de ce să nu o spunem, răbdare.