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The section includes a presentation of the legislative process of the EU institutions, the procedures for drafting the European legislation, particularly the activity of the European Parliament, the EU Council and the Commission, and of the political events in the EU with legislative impact.
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The section includes a presentation of the most important cases brought before the International Court of Justice, the International Criminal Court and the Special Criminal Courts and also a review of the treaties or agreements concluded, the conferences being organized and the celebration of significant events with both international and national impact.
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The article presents the different jurisprudential opinions, illustrated with extracts from courts decisions, regarding the need for the notice of default to the employee for repairing the damage caused to the employer and the date from which the legal interest is due, accompanied by the author commentaries.
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In 2019 in Moscow and in 2021 in London, a monograph was published by famous Russian scholars S.I. Zakhartseva, D.V. Maslennikov and V.P. Salnikov: Logos of Law: Parmenides — Hegel — Dostoevsky. On the Speculative and Logical Foundations of the Metaphysics of Law. This article analyzes the idea of historical law in the Logos, which is being developed by the authors of the monograph. In essence, they pose a problem that clearly goes beyond the ongoing discussion for a long period of sovereignty. The authors, interpreting Hegel’s historicism in law in the context of the entire historical and philosophical tradition from Parmenides to Dostoevsky, offer a new look at the idea of the historical in the doctrine of law, state and sovereignty and make an attempt to develop a sovereign Russian philosophy of law. In their numerous publications over recent years, Zakhartsev, Maslennikov and Salnikov see the theoretical and methodological foundation for the development of a sovereign Russian philosophy of law. In parallel, Zakhartsev and Salnikov develop the foundations of their original concept of the comprehensive theory of law, which is an attempt to synthesize the constructive content of various theoretical systems that describe legal phenomena.
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According to the common law, the main obligations of the seller are: the obligation to surrender and the obligation to guarantee the asset. The warranty owed by the seller implies his liability "for the quiet possession of the work" and "for the vices of the same thing" (art. 1336 C. civ.). Thus, the seller must ensure to the buyer the quiet and useful use of the good (according to the purpose given to it and the purpose for which it was purchased). O.U.G. nr. No 140/2021, on certain aspects relating to contracts for the sale of goods, established new rules on the sale of consumption (while repealing the previous regulations of Law No 449/2003). The main area subject to legislative changes concerns the conformity of the products sold and its guarantee. The study of the field is of theoretical and practical interest, especially through the difficulty of harmonizing the new European directives to the national legislation. The work is structured in three directions: "Selling consumption. Object"; "Conformity of goods sold to the consumer"; "Commercial guarantees" versus guarantees of conformity and conclusions".
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In this article we intend to deal, without exhausting, with the subject of the enforcement of public institutions and authorities, namely the method of enforcement of a claim against a debtor represented by a public institution and/or authority, in the light of the provisions of Government Ordinance no. 22/2002 and the Code of Civil Procedure, with emphasis on enforceable titles to which the extended electronic signature has been applied, the costs of enforcement and the censorship of the latter.
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Law no. 31/1990 regulates through several rules of law (e.g. Art. 79, Art. 127 etc.) the “conflict of interests” notion as a situation in which, on the one hand, the interests of a profit-making company (trade companies) are weighted, and on the other hand, the interests of a shareholder. In this regard, the company law imposes upon any shareholder in a conflict of interest with the company, regarding a certain subject, a non-performance obligation, respectively the obligation not to participate in the meeting and the deliberations (not to vote) covering the subject in respect of which there is a conflict of interests. Although the corporate prohibitions are formulated in unequivocal terms, in practice multiple interpretations are born regarding the legal remedies that could be applicable in the event of their violation (e.g. liability for damages, nullity, etc.). In this paper, we will briefly present: (i) the corporate legal framework that regulates the conflict of interests in the matter of Law no. 31/1990, (ii) the position of the Constitutional Court of Romania regarding Art. 127 of Law no. 31/1990, (iii) the points of view of the national courts (a. only the legal remedy regarding the payment of damages is applied, b. the sanction of nullity is also applied, c. the sanction of nullity can also be applied, (iv) our point of view regarding applicable legal remedies (a. damages in favour of the company, b. criminal sanctions, c. nullity of the deed concluded in a state of conflict of interest and d. damages in favour of the other shareholders), (v) conclusions.
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The development of the Administrative Code was also awaited with interest from the perspective of the regulations regarding the administration of the Municipality of Bucharest. This is because the necessity of rethinking the legislation regarding the administration at the capital level was constantly stated, which constantly posed problems more and more difficult to solve and with long-term negative effects. The present paper aims to analyze the regulations contained in the Administrative Code regarding the organization and operation of public administration institutions at the level of the Municipality of Bucharest. The study considers a comparative approach to the old regulation regarding the organization of local public administration existing until 2019, at the appearance of the code both through the prism of the content and following a series of jurisprudential aspects derived from the practice of the local elections of 2020, the first held under the empire the new regulations. Following the events, we find that the legislator's option is not sufficiently rigorous, nor comprehensive, which, in practice, leads to complicated situations. And, in this situation, consequently, the one who loses the most is the citizen. We conclude with a series of ferenda law proposals, taking into account possible changes that can be carried out relatively easily, with the idea, however, of a special law of the capital resulting from a sustained analysis and collaboration between specialists from the public administration and other fields of interest in urban development, citizens, institutions and civic organizations involved in the life of the city.
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Driving a vehicle under the influence of alcohol or other substances is provided for by Article 336 of the Criminal Code and consists of driving a vehicle by a person who is under the influence of alcohol or substances with psychoactive effects. Even if at first sight, the incriminating norm does not imply a particular complexity, judicial practice has highlighted a series of issues that have aroused general interest, even requiring the intervention of the High Court of Cassation and Justice in order to standardize the practice in this matter as much as possible. The problem of the existence of a single crime or a series of crimes is not often encountered in the practice of the High Court of Cassation and Justice when it comes to the interpretation of an article regarding the criminalization of a single crime that can be carried out in several ways, such as driving under the influence of alcohol or psychoactive substances. As a result, the issue identified by the court that requested clarifications highlighted major differences between the courts' perspective on this subject.
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Self-defense is a subjective right that all persons have equally, regardless of their professional or special training, as well as their job.
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The principle of humanism invokes the need to focus the entire legal regulation on the protection, as a matter of priority, of the person as the supreme value of society, its rights and freedoms. On the other hand, focusing on the subject of the crime, the same principle, imposes the negative obligation of the state to avoid causing physical suffering or harming human dignity. The transposition into law of the principle of humanism has theirs through the institutions of release from liability and criminal punishment. We draw attention to the fact that the release from criminal liability, although it has its legislative headquarters in the General Part of the Criminal Code of the Republic of Moldova, is also found with reference to some components of crimes in the Special Part of the Criminal Code of the Republic of Moldova. The normative regulations from article 217, paragraph (5) of the Criminal Code of the Republic of Moldova, represent a particular case of the release of criminal liability for the illegal circulation of drugs, ethnobotanicals or their analogues. The conditions imposed for the application of the latter are of a dual nature and concern the application of the institutions of material and procedural criminal law. We exclude the possibility of assessing this legal-criminal institute, as an exception to the rule of passivity of criminal liability. Its value, in our opinion, lies in the need to prevent and combat crime aimed at the illegal circulation of drugs, in addition to the possibility of applying the criminal law, with strict observance of the principle of legality and humanism. In this study, we aim to analyze the criminal regulatory framework on the release of criminal liability for the illegal circulation of drugs, ethnobotanicals or their analogues, as well as the experience of judicial practice in the application of this institution.
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The Strasbourg Court decided that everyone charged with a criminal, shall be presumed innocent until proved guilty, this way the temporary release is necessary, as long as the detention ceases to be reasonable. With regard to the „reasonable time” provided by Article 5 paragraph 3 of the European Convention on Human Rights, dies a quo is represented by the moment of arrest/ detain and dies ad quem corresponds to the moment when the judgment in the court of first instance is pronounced upon.
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In October 2022, several legislative acts were published in the Official Journal, among which the following: G.D. No. 1.255/2022 for the repeal of G.D. No. 1.723/2004 on the approval of the Programme of measures to combat bureaucracy in public relations activities; Decision of the President of the Central Insolvency Commission (PCINC) No. 10/2022 on the approval of the General Criteria for the determination of the reasonable standard of living; Order of the Minister of Education (OME) No. 5439/2022 on the organisation, conduct and timetable of admission to vocational and dual education for the school year 2023-2024; Order of the Minister of Education (OME) nr. 5812/2022 approving the list of accredited higher education institutions organising, in the academic year 2022-2023, the Psycho-pedagogical Training Programme for the certification of competences for the teaching profession (levels I and II. Moreover, in October, several legislative acts were amended, among which: Criminal Procedure Code; Labour Code, Administrative Code; GO no. 43/1997 on the road regime, GEO no. 84/2003 for the establishment of the National Company of Highways and National Roads of Romania – S.A. through the reorganization of the Autonomous Regie "National Road Administration of Romania", GO no. 27/2011 on road transport, Law no. 98/2016 on public procurement, Law no. 99/2016 on sectoral procurement, Law no. 100/2016 on works concessions and service concessions; Law no. 95/2006 on health care reform; Order of the Minister of National Education and Scientific Research (OMENCS) no. 6156/2016 on the organisation and conduct of the Romanian language preparatory year for foreign citizens. Not least, in the Official Gazette of October was also published Law no. 275/2022 on the rejection of GEO no. 37/2021 for the amendment and completion of Law no. 53/2003 – Labour Code.
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Furthermore, in relation to the activity of the High Court of Cassation and Justice (the Panel regarding the settlement of certain legal matters), two decisions were published regarding the Criminal Code of 1968, the Criminal Code; the Labour Code.
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Further to the work carried out by the Constitutional Court, five decisions (exceptions/objections of unconstitutionality admitted) were published in October regarding: Law no. 303/2004 on the status of judges and prosecutors; GO no. 2/2000 on the organization of judicial and extrajudicial technical expertise; Law no. 36/1995 on notaries public and notarial activity; Law for the amendment and completion of Law No 17/2014 on some measures regulating the sale agricultural land located in the countryside and amending Law No 268/2001 on privatisation of companies managing public and private land a state agricultural land and the establishment of the State Land Agency; Law on the establishment of certain measures for the completion of administrative procedures for the settlement of claims pending before the county commissions and the Bucharest municipal commissions for the application of Law no. 9/1998 on the granting of compensation to Romanian citizens for the property that became the property of the Bulgarian State following the application of the Treaty between Romania and Bulgaria, signed in Craiova on 7 September 1940, and of Law no. 290/2003 on the granting of compensation to Romanian citizens for the property seized, detained or remaining in Bessarabia, Northern Bukovina and Herta as a result of the state of war and the implementation of the Peace Treaty between Romania and the Allied and Associated Powers, signed in Paris on 10 February 1947, and for the amendment of some normative acts.
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Investment relationships of any kind have been tested by the effects of the covid pandemic. Potential risks of future impact are still looking for legal solutions that maintain the balance and guarantee the normal development of investment relations. This phenomenon has become an exercise in legal imagination. Both investors and states need to understand, as key players, the key role they play in cooperation and prudent decision-making. To reach this level, they need to gain a deeper understanding of international legal norms as well as the historical trajectory of relevant case law. The pandemic crisis has revealed a gap in the regulation of specific situations. The current moment is one of the elaboration of appropriate regulations, with unequivocal applicability on all situations in which vulnerabilities can generate disputes. This period surprised the investment system at the time of the commencement, amendment or termination of investment treaties or treaties containing investment provisions. For this study, a method of overall analysis of the existing and / or non-existent regulations for the operation of the investment system was used, in compliance with the relevant case law.
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The article analyzes the theoretical and practical aspects of the active role of the judge in the special procedure of judicial division. The essence of the active role is that judges have the duty to persevere, by all legal means, to prevent any mistake in finding out the truth in question, based on the facts and the correct application of the law, in order to give a sound and lawful decision; they will be able to order the administration of the evidence they deem necessary, as well as other measures provided by law, even if the parties object. Practical aspects highlight the way in which the court discussed in the parties the need to introduce another person in the case and the correct qualification of the application submitted to the court.
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The absence of the evidence regulation and their means of administration in the non-contentious administrative procedure, makes the activity of the public authorities susceptible of committing some abuses. We believe that a regulation of evidence in the future Administrative Procedure Code is the solution to this problem. Thus, under the conditions of a clear, unitary regulation, the public administration authorities will be able to fulfill their mission.
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The judge of rights and liberties has the possibility to order the taking of the measure of judicial control during the criminal prosecution to oblige the defendant in question to follow a treatment for the purpose of detoxification. The relevant legal issue considers whether it is necessary to nominate the health unit within which the treatment has been carried out within the judge's decision or it is left to the discretion of the judge. Also subject to analysis is the need for the existence of an evaluation and recommendation of a specialist doctor in the case file for this obligation to be instituted.
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The section includes a selection of the most important decisions of the Romanian Constitutional Court. The decisions are summarized and grouped by law subjects. The Official Monitor in which the decisions have been published is indicated, as well as the contested legislation and the pronounced solutions.
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