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  • The provisions of Article 320 of the Law No 95/2006 on health reform have raised serious problems of interpretation in judicial practice. The question has therefore been raised as to whether persons who have suffered physical injury may be required to pay their hospital costs of hospitalization and medical treatment in the healthcare facilities concerned, where the author of the injury has not been identified or the injured party does not disclose his identity, or where he is simply not liable for criminal action. The question was also raised as to whether the injured party had failed to make or withdraw his plea or had the parties reconciled or not committed the offense claimed.
  • Parole was defined in Romanian doctrine as a way to individualize the execution of the custodial sentences, without deprivation of liberty, granted by the final decision of the court which are the conviction that the convicted person has been rehabilitated, as a result of meeting the required conditions during the execution of minimum statutory sentence, there is the semi-open or open regime of enforcement, the person has fulfilled his/her civil obligations, as well as subject to full fulfillment, under probation services, within supervision, of the measures and obligations. As a legal nature, the parole represents a post iudicium individualization of the execution of the custodial sentences and involves the release of the convict before the full execution of the sentence because the convict has proved that he has made obvious progress towards social reintegration. However, the parole is not a right of the convict not to serve the entire sentence, but a legal instrument by which the court finds that it is no longer necessary to continue the execution of the sentence in detention until the full period established by the final conviction has been fulfilled and the early release poses no danger to the community.
  • It is necessary in the Romanian criminal procedural law to differentiate the conditions for the exclusion of derivative evidence from the conditions for the irradiation of nullity in continental law and to move them closer to the criteria of the fruit of the poisonous tree originating from the United States of America. We adapt these criteria and other criteria from foreign law systems to the context of Romanian law through the standards of the European Court of Human Rights. One of the conditions for excluding the derivative evidence is that the infringement from which it derives requires the exclusion of the resulting evidence to ensure the fairness of the proceedings. The derivative evidence has the capacity to convey the effect of the violation of the rights of the defence, the right to privacy or domestic law on the fairness of the proceedings, but in such situations the unfairness of the proceedings must be established on a case-by-case basis. The unfairness can be automatic if the infringement concerns Article 3 of the European Convention on Human Rights or consists in entrapment by law enforcement officers. The consequence is the automatic, absolute or relative exclusion of derivative evidence, depending on the nature of the infringement. The derivative nature of the evidence is determined quasi-automatically in the case of entrapment. In other cases, it must be concretely established, on the basis of the conditions of the causal link between the infringement and the evidence: the effect of the primary evidence and the effect of the unlawfulness on obtaining the derived evidence. The conditions for the exclusion of derivative evidence have consequences for its applicability. The sanction is not applicable when the primary evidence is not obtained illegally, but is inadmissible by its nature, because in this case the unlawfulness is missing. This condition is met in the case of acts such as arrest, therefore the exclusion of derivative evidence is applicable. The effect of the infringement is transmitted by means of the stress test in the case of early exclusion, occurs directly in the case of a continuing infringement and must be analyzed, mutatis mutandis, in the case of alternative means of proof concerning the same evidence. Since in the case of the irradiation of nullity according to the continental model the effect of the primary evidence is irrelevant and the effect of the unlawfulness is established in the abstract by law, the sanction is distinct from the exclusion of derivative evidence.
  • The study aims to present in a comparative manner the post-calculation clauses and the escalation clauses in international trade contracts, while presenting the main clauses of both categories, including the varieties of the well-known cost+fee clause. At the same time, the study gradually analyzes the structure of each type of clause, highlighting the main advantages and disadvantages that accompany the introduction of these clauses in trade contracts, both from the perspective of the owner and from the perspective of the contractor, who tries to transfer the risks to the owner, which in some situations may, paradoxically, even benefit from such a situation.
  • The financial law relations are relevant in the extended dynamics of the public law, as a reflection of the importance of public financial resources and of the technicality of the legal elements in the budgetary procedures. This study positions, in this context, a traditional institution, namely the preliminary procedure, as a space for the manifestation of the dynamics and points of tension deriving from legal conflict relations revealed as a result of the audit missions of the Court of Accounts. The analytical approach organized in a spectrum from general to special highlights the working hypotheses, the functions, the object and the finalities of the preliminary procedure in the matter of budgetary law relations.
  • The most striking word that illustrates the relationship between Romanian law and European law seems to be the word „marking”. Among the various nuances that can be assigned to the meaning of this word, three meanings are relevant from the perspective of the topic addressed by this paper. Thus, among others, to mark means (i) to influence in a significant way, or (ii) to bear a mark that illustrates a membership, or more precisely (iii) to change a destiny. All of these nuances are defining in order to describe the decisive and irreversible „imprint” that European law has made, is making and will make on our domestic law. Through this scientific approach we have set out to address the implications of this complex structure which involves a multidimensional union that includes elements of supranational law, following the paradigm of the interference. The example that we will focus on is the area of consumer protection, where we will also address issues regarding constitutionality in relation to domestic law, but especially in relation to European law. We will consider both the past and the future, but, naturally, we will focus our attention on the present. In the context of the current COVID-19 pandemic, while not focusing on any medical or health matters related to the pandemic, but rather on its ties with the emergence of a new global economic, financial and banking crisis, we will address the link between European Union law and domestic law.
  • At the same time with the entry into force of the Law No 85/2014 on the procedures for preventing insolvency and for insolvency, it has been also regulated indirectly the refund of the judicial stamp duty to the plaintiff who invested a court of law with a litigation against the defendant-debtor against whom a final interlocutory judgment to open the insolvency procedure had not been pronounced until the moment of bringing the action by means of common law. This study analyses the differences of approach between the old insolvency law and the regulation in force since 2014, by pointing out how the legislator decided to solve the issue of lis pendens created by simultaneously analyzing the same application within two separate procedures: the general one, before the common law court, and the special one, before the syndic judge. The study also analyses the implications of good faith, respectively of the guilt of the plaintiff who makes use of this application, with discussions on the moment, the manner of requesting the refund of the stamp duty, respectively of the amount whose refund may be ordered.
  • During the execution of custodial sentences, detainees participate in various activities and educational program, psychological assistance and social assistance that facilitate the adjustment to prison life, support social reintegration and create the framework for learning the rules of social coexistence in the outside society. The central element of this research is the religious freedom of persons deprived of their liberty and the specific way of exercising it in places of detention, considering that a balance must be preserved between the fundamental right to freedom of thought, conscience and religion and interest of penitentiary administrations to maintain security in places of detention, respect for the rights of other detainees. Bearing in mind the content, but also the limits of religious freedom, the exercise of this fundamental right in places of detention has some particular characteristics because it influences the life in prisons, the diet of detainees, but also their other rights, and in this regard the special rules of exercise religious freedom can be determined on the basis of principles deriving from both national and European Court of Human Rights’ case law.
  • Under the impulse of the ecoclimatic realities and of the evolutions of the international law, the great majority of the constitutions of the world states have incorporated, starting from 1970, environmental provisions and have recognized the right to the environment as a new fundamental right. The relevant case law and doctrine have contributed to explaining the meanings and dynamization of the progress of the constitutional provisions in the matter, as well as the assertion of the environmental protection as a constitutionally protected value. The constitutionalization of the environmental law in Romania, which began by introducing in the Constitution of 8 December 1991 the first provisions concerning the environment, continued by the revision from 2003 (which established the right of every person to a healthy and ecologically balanced environment) and it was developed by means of a relatively consistent case law which revealed concrete dimensions of the environmental law, its relations with the other funda mental rights and its constitutional-legislative guarantees. At the same time, the legislation has taken over and developed the constitutional provisions, giving them concreteness and practical efficacy. The evolutions of the constitutionalization of the environment in terms of positive law involved a theoretical analysis and superior understanding and thus have led to the formation of a new scientific legal discipline, respectively constitutional law of the environment. After its recognition, first in common law countries (U.S.A., Canada, 2012), then in some continental law countries as well (France, 2021), the new discipline is considered as being about to be born and acquire the academic recognition it deserves also in Romania.
  • This study accurately highlights, on the one hand, the regulatory normative framework of the prefect and of the institution of the prefect starting from 1990 and until now and, on the other hand, the political vision on this institution, in the different stages of relationing between Romania and the European Union: pre-accession, accession, integration and present. The study critically analyzes both the ways of professionalization and depoliticization of the prefect function, as well as the actual repoliticization that took place in 2021. The failure to professionalize the function of prefect is presented in the broader context of the failure to professionalize the function and the public administration in general, one of the essential causes that determine the low performances of the Romanian public administration. Likewise there are critically exposed the legislative interventions to dilute the quality of the prefect of Government representative in the territory, in relation to the administrative function of the Government and its corruption into a territorial political agent of the Government, seen as an emulation of the political parties that form it. This political reverie is thus the basis of the legislative amendments that have led to the unconstitutional situation in which the implementation of the government programme in the territory by the prefect, which is in any case impossible to achieve as we will argue below, becomes the main commitment of the prefects, to the detriment of the very constitutional responsibility of the prefect, which determines the precise reason for the existence of the institution of the prefect – the administrative guardianship. All these are primarily the result of an ad-hoc and discretionary style of regulation – which can also be seen in the very large number of amendments brought to the framework law regarding the civil service – the Law No 188/1999, republished, as amended and supplemented: some of them by emergency ordinances subsequently declared unconstitutional, but which produced significant upheavals in the system.
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