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Organizațiile societății civile pot fi uneori demersul cel mai accesibil și eficace pentru cetățeni, de a acționa pentru apărarea unui drept sau interes legitim. În plus, membrii grupurilor pot avea un cuvânt greu de spus cu privire la acțiunile ori inacțiunile statului. Aceste aspecte creionează o forță civică, ce, folosită cu bună-credință, poate duce la progresul întregii națiuni. În absența unui simț civic dezvoltat, comportamentul unor persoane ce doresc a abuza de o organizație a societății civile apare ca fiind extrem de nociv pentru democrație1 . Practic, dintre acei puțini români ce se implică, o parte nu urmăresc dezvoltarea comunității, ci propria bunăstare. -
As a fundamental instrument for ensuring the functioning of the European Union legal order, the action for the non-compliance with the European obligations is the judicial instrument by which the Union authorities, led by the Commission and the Luxembourg jurisdictional structure, exercise direct control over the conduct of the Member States in relation to EU law imperatives. Located somewhere in the middle between the legality control and the action for liability, the non-compliance with the obligations raises separate and complex issues difficult to understand in the absence of the vast jurisdictional experience of the Court of Justice of the European Union. If, under procedural terms, the present action does not present particular challenges, imposing, as a rule, a mechanism for cooperation between the European Commission and the defendant Member State (as a pre-contentious phase), in which the Court of Justice often plays a subsidiary role (contentious phase), from a material point of view, the non-compliance with the European obligations involves different forms and meanings that transcend both the letter and the spirit of the treaties, even in their current form, consolidated after the Treaty of Lisbon (2009). In such a context, the present study aims to review the most frequently used meanings which the case law of the Court of Justice of the European Union has given to the phrase „non-compliance with European obligations”, in the light of current regulations, past experiences and, last but not least, the aim pursued by this procedure, namely to sanction any derogation from the uniform and synchronized application of the European Union law.
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This study is intended to approach the legislative models of the definition of the offence in the criminal legislations of the Romanian area (Romania and Republic of Moldova). Three concepts were identified through the prism of which in the reference legislations was defined the notion of offence: substantial or material concept, formal concept and substantial-formal concept. These models were determined by the social interests that formed the object of the legal-criminal protection in the corresponding period of the development of society.
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Offences against police officers or gendarmes (in Romanian, ultraj) are regulated under Article 257 (4) of the Criminal Code, which provides that such offences shall be harsher punished, by increasing the special limits of the penalty by half. In order to apply the above-mentioned dispositions in a fair manner, the Panel for Clarification of Criminal Legal Aspects of the High Court of Cassation and Justice was requested to render a preliminary judgment by which to clarify if „the concept of police officer provided by Article 257 (4) of the Criminal Code shall be construed restrictively as referring only to police officers whose activity and status are regulated under Law No 218/2002 regarding the organisation and functioning of Romanian Police and under Law No 360/2002 regarding the Police Officer Status or more widely, as also including local police officers whose activity and status are regulated under Law No 155/2010 on Local Police and Law No 188/1999 on the Status of Civil Servants”. This article proposes an analysis of the relevant jurisprudence and provides arguments to support that the aggravated version of the crime regulated under Article 257 (4) of the Criminal Code shall be applied when the offence is committed against a local police officer.
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The author aims to present a historical perspective by connecting to the current juridical perspective, addressing and making an exegesis of one of the institutions which are convergent to the two essential procedural codifications, namely the Civil Procedure Code and the Criminal Procedure Code, but rather incompletely regulated by the legislator, namely the offence of hearing. Emphasizing the fact that in neither of the two Procedure Codes the notion of the offence of hearing is not expressely and categorically defined, the legislator has conceptualized the procedure which is going to be followed by the judge insofar as he directly finds, through his own senses, such an offence/deed provided by the criminal law, the two procedures presenting similarities, but also differences, some of them being non-resilient to scientific criticism, as we will try to demonstrate this conclusion in the content of the material, in which there have been inserted de lege ferenda proposals as well.
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Since the beginning of the 19th century, the phenomenon of immigration has increased in Argentine. In the 20th century, the majority of immigrants came from the European continent. Despite some tempering measures, the immigration to Argentina continues to manifest itself, producing legal consequences. The family relations of foreigners are ruled, like other types of social relations with a foreign element, by private international law. This paper aims to analyse the current state of marriage regulations in Argentine private international law (with brief historical forays to understand the evolution). The scientific impact of this paper is increased by the novelty of the studied legislation and by the low interest that the Romanian doctrine has shown for the legal realities in Latin America. Its conclusions are relevant both to researchers and legal practitioners and to the general public, interested in resolving the many legal issues involved in a marriage with an Argentine citizen or immigration to Argentina.
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By reference to the real guarantees, which, theoretically, ensure a greater security of the execution, the fidejussion prevails by a lower degree of formalism and by a much higher degree of flexibility. Through the fidejussion mechanism, the creditor will have as common guarantee at least two patrimonies: first of all, of course, the patrimony of the main debtor, but in addition to this patrimony it can also be satisfied from the patrimony of the fidejussor or fidejussors. No one can become a fidejussor-guarantor against his will. Regardless of its nature, the fidejussion has a contractual nature, being able to arise only through the agreement between the creditor and the fidejussor. The law or the judgment only requires to bring a personal guarantee. When a person is obliged, by law or by convention, to provide bail, and he does not voluntarily fulfil his obligation, the judgment of conviction does not convert the bail into a judicial one, it still remains legal or conventional, as the case may be. The judge only orders the execution of the legal provision or of the convention. Exceptionally, in certain situations, the law absolutely presumes the quality of a certain person as fidejussor. For example, there is a fidejussion, called an assimilated fidejussion, also in case a party undertakes to another party to grant a loan to a third party, in which case the creditor (the person to whom the commitment has been made) is guarantor (fidejussor) of the obligation to repay the loan received by the third party.
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Durata de suspendare a exercitării dreptului de a conduce autovehicule în situația nepredării permisului de conducere începe să curgă de la expirarea perioadei de 15/30 zile și nu de la data rămânerii definitive a hotărârii civile sau de la data înștiințării efectuate de organele de poliție către inculpat în legătură cu această perioadă.
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În practica judiciară nonpenală din România, cel mai invocat drept prevăzut de Convenția (europeană) pentru apărarea drepturilor omului și a libertăților fundamentale a fost, este și, cel mai probabil, va rămâne dreptul la un proces echitabil, prevăzut de art. 6. Acest lucru se datorează faptului că instanțele judecătorești trebuie să soluționeze un număr impresionant de litigii (în condițiile unor scheme de personal subdimensionate), mult peste media sistemelor judiciare din vestul Europei.
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The article presents some reflections on the positive procedural obligation of criminal prosecution bodies to identify the successors of the victim of the offence or the injured persons who have suffered damage by ricochet (indirect victims), in order for them to exercise civil action, in the light of the new Criminal Procedure Code.
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The new Criminal Code has substantially modified the modalities of judicial individualization of punishments applied to defendants, also bringing novelty elements regarding the calculation of the fine, the possibility of its cumulative application with the sentence of imprisonment, when the offence committed was intended to obtain a patrimonial benefit, or the possibility of replacing it with community service work. By this study, I intend, through a careful analysis of both the case law of the European Court of Human Rights and the doctrine, regarding Article 7 of the Convention, as well as of the principle of legality in general, to argue the impossibility of the judge to order the revocation of the suspension under supervision of the sentence in case that a penalty with the fine, applied to the same person, was replaced by the sentence of imprisonment.
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According to the relevant legal literature, public property and private property are the two typical – indeed, the only – manifestations of the same subjective right. For this reason, public property rights are stereotypically defined, in a manner analogous to how we define the right to private property, as the interfusion of the three classical elements (powers) of property – usus, fructus, and abusus – which are understood to be exclusive, absolute and perpetual. Moreover, it is claimed that the private appropriation of goods does not boil down to individual property, and that the collective appropriation of goods is mediated by the State, which is the legal expression of the community’s collective will. These ideas are not free from criticism. The three powers of property coalesce to define an act of exclusion, and one which necessarily presupposes an individualistic slant to the legal construction of property. By giving account of itself in such a way, this species of subjective right cannot, while also remaining true to itself, be private in certain cases, and public in others. The exclusive right to property, precisely because it is conceived to be exclusive, presupposes and individual owner. In doing so, it precludes any form of collective ownership. Therefore the legal framework within which public property is currently defined reveals a powerful internal contradiction, which is not without practical consequence. For these reasons, the right of public ownership, being what it now is, cannot truly be a means to the collective appropriation of goods by the community. And this is because any form of collective ownership cannot be compatible with „all” the exclusionary and discretionary powers afforded to the individual proprietor by the private right of ownership.
