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A new beginning

Un nou început

Author(s): Augustin Lazăr / Language(s): Romanian / Issue: 2/2016

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Emergency ordinance – between unconstitutionality and normality

Ordonanţa de urgenţă – între neconstituţionalitate şi normalitate

Author(s): Sima Constantin / Language(s): Romanian / Issue: 2/2016

Keywords: emergency ordinance; legislative delegation;

The adoption by the Government of an emergency ordinance to modify and complete the criminal law, was received reservedly by the public opinion, expressing some critics with regards to the capacity of the Government to legislate in criminal matters.

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The preventive arrest warrant

Mandatul de arestare preventivă

Author(s): Ivan Maria-Claudia,Ivan Gheorghe / Language(s): Romanian / Issue: 2/2016

Keywords: The New Criminal Procedure Code; preventive arrest; the preventive arrest warrant;

Regarding the preventive arrest warrant, the New Criminal Procedure Code took over, with a few modifications, the provisions of the former Criminal Procedure Code (1968). The authors analyze the institution of the preventive arrest warrant for the defendant, presenting critical aspects and proposing some improvements of the new regulations.

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The presumption of innocence and the quality of prosecution

Prezumţia de nevinovăţie şi calitatea actului de urmărire penală

Author(s): Sima Constantin / Language(s): Romanian / Issue: 2/2016

Keywords: the unification of judicial practice; the agreement for admission of guilt; taking over a case;

The entire activity of the prosecutor has to be developed under the sign of continuous increase of the quality of prosecution. In the following there are going to be presented a few errors found in the current activity of the prosecutor’s offices.

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The agreement for admission of guilt

Acordul de recunoaştere a vinovăţiei

Author(s): Petrescu Mircea / Language(s): Romanian / Issue: 2/2016

Keywords: The New Criminal Procedure Code; the agreement for admission of guilt;

Theoretical and practical considerations referring to the agreement for admission of guilt.

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The establishment of judicial authority, competent to execute an international judicial assistance request. Sale-buy of new born. Trafficking in minors. The application of the Supplementary Convention regarding the abolition of slavery

Determinarea autorităţii judiciare competente să execute o cerere de asistenţă judiciară internaţională. Vânzare-cumpărare de nou-născuţi. Trafic de minori. Aplicarea Convenţiei suplimentare

Author(s): Stan Ştefania / Language(s): Romanian / Issue: 2/2016

Keywords: Suplementary Convention regarding the abolition of slavery; trafficking of slaves and of the institutions and slavery analogous practices; The Convention regarding the children’s rights;

Judicial framing of the new born sale-buy act is that of trafficking in minors, taking advantage of the obvious vulnerability state of those, provided by art. 211 par (1) and (2) of the Criminal Code with the application of art. 20 (1) lett. b) of the Criminal Code and art. 182 lett. b) of the Criminal Code, as the emotional exploitation of minors represents a “servitude” in the sense of the definition given to this practice through the Supplementary Convention regarding the abolition of slavery, trafficking of slaves and of the institutions and slavery analogous practices, adopted on September 7, 1956 by the Plenipotentiary Conference of the United Nations, ratified by Romania through Decree no. 375/1957.

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Different forms of unmarried couples. Contracting marriage (II)

Diferite forme ale cuplurilor necăsătorite. Încheierea căsătoriei (II)

Author(s): Iordan Camelia Antigona / Language(s): Romanian / Issue: 2/2016

Keywords: New Civil Code; the judicial nature of marriage; characters of marriage;

The enforcement of the New Civil Code has changed fundamentally the reports of the family law, fact which determined the author to achieve an incursion in the compared law, pursuing how the family relations are regulated.

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The minutes of the decisions of the Panel for solving some issues of law in criminal matter of the High Court of Cassation and Justice (March-June 2016)

Minutele deciziilor Completului pentru dezlegarea unor chestiuni de drept în materie penală al Înaltei Curţi de Casaţie şi Justiţie (martie – iunie 2016)

Author(s): Minuta Deciziei / Language(s): Romanian / Issue: 2/2016

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Some considerations referring to the modification of national legislation in view of respecting the standards of The European Court of Human Rights in the matter of low in a fair trial, viewed from the perspective of security of judicial reports

Unele considerații referitoare la modificarea legislaţiei naţionale în vederea respectării standardelor Curții Europene a Drepturilor Omului în materia dreptului la un proces echitabil, privit din perspectiva securităţii raporturilor juridice

Author(s): Remus Jurj-Tudoran / Language(s): Romanian / Issue: 2/2016

Keywords: security of judicial reports;

Simultaneous, parallel development of two independent procedures having as object the same act, having as result a decision of the criminal section opposed to the decision of the commercial section of the same court, brings prejudice to the judicial security and it is violated the right to a fair trial provided by art. 6 par 1 of the European Convention of Human Rights.

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Good practices guide in civil judicial expertise in European Union: instrument for the harmonization of practice and European model available for the citizen and companies from the European Union

Ghidul de bune practici în expertiza judiciară civilă în Uniunea Europeană: instrument pentru armonizarea practicii și model european aflat la îndemâna cetăţenilor și companiilor din Uniunea Europeană

Author(s): Grigore Voicu / Language(s): Romanian / Issue: 2/2016

Keywords: appointed experts; unified European judicial space; judicial experts;

The guide contains general principles applicable to all the judicial experts, may they be elected by the Court, by both parties or by one of the parties, with the purpose of informing the judge in connection to the particular technical aspects. Structured on seven chapters: Definitions and limits; Conditions in which a person may call to the judicial expertise; Appointment of the expert and The status of the experts, the guide wants to be a strong and democratic European model, available for all the citizen and companies in the European Union.

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The role of the prosecutor in the democratic justice or who we are

Rolul procurorului în justiţia democratică sau cine suntem noi

Author(s): Silvestru Denisa / Language(s): Romanian / Issue: 2/2016

Keywords: democracy; justice; magistracy; the prosecutor; stands for justice;

Coming from a past that made a huge statement for mankind, in order to define humanity by its rights and thus, to ease our path through time, democracy has also burdened us with the most difficult task, and that is interpreting it. In complete awareness, democratic societies did not take this enormous asset for granted but in return, they eased its path through the modern realities and laid the foundations of modern democracy. In doing so, the state has established the three pillars of democracy - the law, the institutions of law and the spirit of democracy. The latter is not to be seen but at the same time is the most visible. This is the burden of eyes, to see beyond them. Being stated that democracy is the greatest asset of humankind, this study is about the spirit of democracy, and that is rightness. Rightness is given to society by the state under the form of justice and justice has the duty of being perfectly balanced. This study emphasizes that the scales of justice must lean on both sides equally and since justice is represented by magistrates and the magistracy body is rightly and lawfully represented by judges and prosecutors, therefore, there must always be two sides of the scale in order to balance equitably. Consequently, the prosecutor stands for justice and thus, the prosecutor stands for democracy. This study is about who we are and what we represent.

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How to enforce EU legislation on biodiversity and wildlife trafficking

Cum se pune în aplicare legislaţia Uniunii Europene privind biodiversitatea şi traficul de animale sălbatice, plante şi derivate ale acestora

Author(s): Ion Pop George / Language(s): Romanian / Issue: 2/2016

Keywords: wildlife trafficking; illegal logging; CITES, environment; forest; live animals;

The criminal activity against natural environment is widely during the last decade. The major reasons for that are different. In developing countries we find poverty, lack of education and corruption. In developed countries we have increasing demand for raw materials (wood, timber) and for wildlife products (live animals and birds and parts of them). Therefore, the struggle against this phenomenon should be a priority for states and international organizations.

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Law with regards to the execution of the correction and safety measures, as well as hospitalization (the Bavarian law with regards to the hospitalization in the forensic psychiatric clinic) (translation from German language)

Lege cu privire la executarea măsurilor de îndreptare şi siguranţă, precum şi de internare provizorie (legea bavareză cu privire la internarea în clinicile de psihiatrie medico-legală) (traducere din limba germană)

Author(s): Parlamentul Landului Bavaria / Language(s): Romanian / Issue: 2/2016

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Leave alone, gentleman politicians, the prosecutor’s offices and instruction cabinets (“Judicial courier”, year XXXIX, no. 21/1930

Lăsaţi, d-lor politiciani, în pace parchetele şi cabinete de instrucţie („Curierul judiciar”, anul XXXIX, nr. 21/1930)

Author(s): Scriban Traian Romulus / Language(s): Romanian / Issue: 2/2016

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Abuse of office – between criminalization and decriminalization

Abuzul în serviciu – între incriminare și dezincriminare

Author(s): Ivan Gheorghe / Language(s): Romanian / Issue: 3/2016

Keywords: abuse of office; decriminalization; criminalization; offense;

In this editorial, the author attempts to demonstrate the need to further criminalize the offense of abuse of office, but in a form more appropriate to the defense of the social values of a democratic society, after having revealed the Romanian legal tradition, the Romanian judicial practice and the experience in the matter of other reference countries.

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The offense of conflict of interests – theory and judicial practice

Infracțiunea de conflict de interese – teorie și practică judiciară

Author(s): Remus Jurj-Tudoran / Language(s): Romanian / Issue: 3/2016

Keywords: conflict of interests; offense;

The fulfillment by the person holding a public office of his/her duties without objectiveness and without complying with the principles of impartiality, integrity, transparency of decisionmaking and the rule of public interest, results in the direct damage to the public interest and it affects the trust the citizens have in the state institutions.

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Abuse of office. Limited constitutionality

Abuzul în serviciu. Constituționalitate limitată

Author(s): Ivan Gheorghe / Language(s): Romanian / Issue: 3/2016

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Unconventional energy sources

Unconventional energy sources

SURSE NECONVENŢIONALE DE ENERGIETENDINŢE ALE PIEŢEI ŞI INDUSTRIEI

Author(s): Florina Dorina Voicu / Language(s): Romanian / Issue: 16/2016

Keywords: regional; development; renewable resources; energy efficiency; EU policy;

Market trends and industry. Regionaldevelopment was born of efforts both by economists and by those charged with planning theterritory. Regional development policy has become one of the policies most important andmost complex of the European Union, a status that stems from the fact that its aim, theEuropean Union acts on some important areas for development, economic growth and thesmall and medium enterprises, transport, agriculture, urban development, environmentalprotection, employment and training, education, etc.The objective of traditional regional development policies is to reduce territorialdisparities, achieving a relative balance between economic and social development levels ofdifferent regions of the national territory.Management phenomenon of regional development requires as a necessary condition ofthe affirmation of the phenomenon itself, to monitorits evolution and to ensure itsresilience.Using renewable resources is considered one of the solutions for management of regionaldevelopment, given that the question of exhaustion in a not too distant future of primarycommodities and becoming their increasingly less accessible in terms of cost or processingrequired to obtain their costs no longer justified.

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Qatar between geographical and geopolitical extremes

Qatar between geographical and geopolitical extremes

QATARUL ÎNTRE EXTREME GEOGRAFICE ŞI GEOPOLITICE

Author(s): Marcel Araboaei / Language(s): Romanian / Issue: 16/2016

Keywords: Qatar; atypical state; hostile nature; geopolitics; extreme geographic; oil and gas;.

Among theworld'sstates, big and strong, developed and in development and between the small, usually withlimited potential, there are a number of atypical states that are generally small in size, butit's coming out in the geographic and geopolitical issues. One of these, which has defied thehostile nature and time, and came to the attention of the world with plenty of extremegeopolitical and geographical isthe small State of Qatar, the Arab World,situated on a hugesponge for oil and natural gas, huge luck that hasinfluenced the evolution and today'simageof the country.

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Sebes city and environmental issues

Sebes city and environmental issues

SEBEŞUL ŞI PROBLEMELE DE MEDIU

Author(s): Maria Viorela Costea / Language(s): Romanian / Issue: 16/2016

Keywords: history; sights; pollution; wood; formaldehyde; wood dust; carcinogenic pollutant;

Sebes is an ancient medieval burg,founded in 12th century, by Saxon settlers. A continuously evolved and is today a city withhigh literacy and significantsavings. Environmental problems of the municipality are causedby the activity of Kronospan company that processes wood. In the industrial process passesinto the atmosphere large amounts of harmful gases (formaldehyde) and wood dust. Theyproduce the pollution of main components of environmental: the atmosphere, surface watersand groundwater, soils and vegetation and has harmful effects on health.

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