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In this study, the author makes a thorough analysis of the so-called tax havens, outlining their connection with organized crime. Thus, the definition and main characteristics of tax havens, the types of tax havens and certain measures adopted at EU level to limit thereof are portrayed herein. -
International protection of human rights, enshrined in normative terms especially after the Second World War, is now characterized by a set of characteristic features undisputed within the specialized doctrine, valid both at universal and regional level, equally highlighting the universal nature of human rights and the capacity of individuals to be subjects of international law in the matter.
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This article examines the legal protection of individuals from listening, disclosure or transmission of private conversations or confidential or personal audio-visual information, and comparatively analyzes regulations in matters of private life from different European criminal codes. Regulating the offense of private life violation was absolutely necessary, both to complete the criminal protection framework of the values guaranteed by Article 8 of the (European) Convention on Human Rights and Fundamental Freedoms, as the offense is not known in Romania, and to achieve interference between the concept of private life and personal privacy in the context of excessive public dissemination of private life.
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The first European Treaty, which encouraged the establishment of political groups in the European Parliament, was the Treaty of Maastricht, which established a European Union, signed in 1992 and came into force a year later. Political parties have always played an important role in democratic societies, a role demonstrated by the functioning of the role of a mediator between society and government, which they fulfill. In the European Parliament, political groups are the doctrinal expression of a pan-European cohesion.
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The European Union law principles can be source of Community law, as they have the same rank as the treaties in the hierarchy of the EU law sources. These principles are compulsory both for the EU institutions and the Member States. These binding principles include the principle of legality of indictment and punishment. Therefore, whenever a Community act requires Member States to establish punishments to be used in the event an offense provided for in that act, they must comply with. There are also some exceptions to this rule (the compulsoriness for the European Union Member States): the criminal liability of the person who committed the offense cannot be determined nor can be aggravated by breaching the Community act independently of a domestic law adopted by a Member State in view of its implementation. In this study, the authors analyze the exceptions to the principle of legality of indictment and punishment, which have a particular interest in criminal matters, given the contradictions in the Romanian and foreign criminal doctrine.
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Examining the impact of the entry into force of the new Romanian Civil Code (Law no. 287/2009, republished, effective since October 1st 2011) the author concludes that, despite the “monistic” nature of the new Code, the commercial legal relationship still exists (but grounded on the concepts of business and professional). So being, says the author, commercial law remains timely even though its legal basis is within the new Civil Code. Therefore, to avoid misleading foreign investors, one suggests changing certain legal texts of legal acts implementing the new Civil Code, de lege ferenda, for the purpose of restoring the traditional concepts of “company”, “commercial agreements”, “legal relationships / commercial disputes”. -
In this study, the author makes a relatively exhaustive analysis of the provisions of Articles 1221 to 1224 of the new Romanian Civil Code (Law no. 287/2009, republished on July 15, 2011 and effective since October 1st 2011) stressing the differences - substantive - between regulations on damage (as vice of consent) in the present Civil Code and in the previous Civil Code (of 1864).
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By carrying out a review of Articles 312 to 328 of the new Romanian Civil Code, the author concludes that this Code allows conflict of laws relating to primary matrimonial regime; enforcement of mentioned rules is not required, as they are components of Romanian private international law public order.
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The study hereafter aims at developing the subject represented by the lease contract of an intellectual creation correlated with the new legal dispositions of the Civil code concerning the lease agreement. The analysis is inscribed in the author’s sphere of interest concerning the major copyrights turning into account agreements following an ample theoretical schedule, which is defined by the effort to compare the particular legal provisions on this type of agreements to the larger area of legal provisions comprised in the Civil code that came into force in October, 2011. The necessity of this study is derived from the circumstance that this type of agreement dealt with hereafter is brought under regulation by a single article encompassed in Law no. 8/1996, corroborated with the fact that the patrimonial author’s rights turning into account agreements are not referred to within the legal provisions of Law no. 287/2009. (The Civil Code)
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The author provides detailed analysis of the legal content of the offense of abuse of office as stipulated for in Art. 297 of the new Criminal Code. He examines the object of criminal protection, the subjects of offense, the objective and subjective sides, the forms, methods, sanctions and certain procedural aspects relating to the offense provided for in Art. 297 of the new Criminal Code. Also, the author does not hesitate to express his views regarding the constituent content of this criminal offense, its systematization, and its nature and to advance certain solutions and ideas of his own in this regard. Last but not least, certain personal views about the concept of subsidiarity, and the law applicable in the event of transitional situations are also promoted.
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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.
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In this paper the author makes a comparative analysis of Art.72 (“notifying the enforcement of collective redundancy”) and Art. 74 (prohibition of new employment subsequent to collective redundancies, employees right to reemployment) of the Labor Code (Law no. 53/2003, republished on May 18, 2011), texts related to the Council Directive no. 98/59/EC of July 20, 1998. In this respect, the author concludes that although usually the said texts of the Labor Code are consistent with the aforementioned Directive, however, the amending / supplementing of the Labor Code is required to imperatively establish a mandatory form of employees representation outside the union organization, taking into account that the “employees representatives” institution (Articles 221 to 226 of the Labor Code) is currently optionally governed (and not mandatory), and only where the employer exceeding 20 employees had not constituted representative unions.
