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This article aims to justify the interconnection between the public legal consciousness and the independence and responsibility of the judiciary, incl. prosecutors and in particular the Prosecutor General
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In memoriam Vasile Stănescu
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The predictability of legislation and case law in criminal matters, and consequently the issue of unpredictability, are usually treated as isolated issues related to certain criminal law institutions. However, predictability is a systemic problem. Therefore, the predictability of the criminal system must be approached from the same perspective. If the intervention and the solutions are only punctual, we only solve a particular issue temporarily, while the systemic dysfunction is maintained. One of the reasons for the lack of predictability of the criminal system is the flawed methodology of defining criminal law, whose shortcomings are directly and deeply reflected in the system itself. This is the reason why the purpose of this paper is to change the perspective on defining criminal law, to address the issue of definition starting from another methodology in order to highlight the fact that the preconditions of defining criminal law are sources of unpredictability.
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For a clearer understanding of the concept of constituent power, in this study we will try to outline some theoretical references related to its evolution. Constituent power is a modern concept that has its origins in medieval thinking and designates as the source of political authority the people. The concept of constituent power derives from the 18th century Enlightenment revolutionary movements and consists in the recognition that the source of political authority derives from the will of the people and the acceptance that the fundamental law is a creation of it; in this way, the constitution becomes a legal instrument, it is an expression of the constituent power of the people to establish through various institutional arrangements the way in which it is to be governed. The whole conceptualization of constituent power and constituted powers as defined by Sieyès is based on the doctrine of natural law and the theories of social contract, which created the germs of this essential concept in constitutional law. Yet the understanding of constituent power is far deeper than this as we will see in this study.
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This article focuses on the right to reply, a right that although not explicitly stated in the Constitution, has special implications in the practical sphere and is closely related to a supreme value: human dignity. The right to reply arises (and in relation to the area of the right to information) as the only way to effectively remedy the prejudice caused to individuals by damaging their dignity. The implications of the right to reply in the practical field are reflected in the article through the analysis of internal and international jurisprudence in this case of judgments handed down both by national courts (such as the Constitutional Court of Romania) and by international courts (in this case the European Court of Human Rights).
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The article analyses the organization and functioning of both Houses of Parliament, as well as their financing, which are set by the Constitution and by several acts of a normative or regulatory nature. The Constitution deals with the general principles underlying the organization, functioning and financing of the two chambers of the Romanian Parliament in its articles 64 (The Internal Organization of the Parliament), 69 to 72 (The Status of Deputies and Senators), 111 (The Information of the Parliament), 138 (The Public National Budget) and 140 (The Court of Accounts). The constitutional provisions must be considered together with the Rules of Organization and Functioning of the Senate and the Chamber of Deputies, the Law no. 500 of 11 July 2002 on public finance, the Law no. 96 of 21 April 2006 on the Statute of Deputies and Senators, as well as Law no. 69 of 16 April 2010 on fiscal responsibility. The issue of the internal financing of the two chambers of Parliament and their financial controls concerns primarily the independence and even the autonomy of the legislative authority. In fact, the methods of financing, such as financial control, concern the conditions of autonomy or even independence of an institution, and this is even more important when this issue concerns institutions that embody the „life” of one of the essential functions of the State: the legislative function. It is this latter issue of financial autonomy that will be privileged in this study. In the light of the above-mentioned considerations, the analysis of the norms relating to the preparation, execution and control of the budgets of the two Chambers, which derive from the various regulatory documents related to the two assemblies of the Romanian Parliament (I), allows to consider the evolution in figures of the budgets of the two Chambers, as well as the different forms of control of their expenses (II).
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In 2014, the Constitutional Court seemed to begin to nuance its analysis of the effects the exclusion of the local elected representatives from the political parties they were members of in the elections and, respectively, the resignation from the parties have on the their mandate. However, the necessary reversal of jurisprudence did not occur. The Court still considers it is constitutional that the mayor should lose his mandate only if he resigns from the associative structure that supported him/her in the elections, and the councilors should lose their mandate also when they are excluded from the structure. In the Decision no. 529/2018, as well as in the 2014 decision we will consider, the arguments advanced by the Court attest to a grasping of the role of political parties established by Art. 8 par. (2) of the Constitution that is for us difficult to understand: in the Court's view, it seems to be conditioned by the type of electoral scrutiny. The new context is given in 2018 by the analysis of the effect that the fusion of political parties, an expression of their freedom of association, has on the mandates of the local representatives members of these parties. The unconstitutionality of the legislative measures is not motivated by a change in the interpretation of the representative character of the local mandate in relation to the loss, by resignation or exclusion, of the party membership. The motivation is based on the Court's correct assessment of non-compliance of the legal provisions with the quality requirements of the law: clarity, accuracy and predictability. The present article aims to draw attention to the problematic aspects of the Constitutional Court's interpretation of these matters, to critically emphasize that the Court still appreciates that political parties are legal persons of public law and that their constitutionally imposed role has different consequences in relation to the type of electoral scrutiny that justifies differences of regulation regarding the effects that the resignation of the local elected representative from the political party, his/her exclusion from the party or both have on the mandate.
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This article analyzes the particularities of the enforcement of judgments handed down by administrative courts. The article investigates and provides solutions both for the voluntary fulfillment of the payment obligations by entering the receivables in the budgets of the public institutions, as well as for the situation of the forced execution of the payment obligations. The research is carried out taking into account the latest amendments to the Law no. 554/2004 of the administrative contentious by Law no. 212/2018 for amending and supplementing the Law on administrative contentious no. 554/2004 and other normative acts. Also, in this research, I have appealed to the Constitutional Court’s decisions regarding the exceptions of unconstitutionality admitted in this field and to the jurisprudence of the High Court of Cassation and Justice, whereby the notifications for issuing preliminary rulings or appeals in the interest of the law were admitted.
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Joi, 15 noiembrie 2018, la Grand Hotel Napoca din Municipiul Cluj-Napoca, a avut loc Adunarea Generală a Asociaţiei Secretarilor de Judeţe din România. Evenimentul la care au participat 20 de secretari ai judeţelor din România, respectiv 4 foşti secretari ai judeţelor, a avut un caracter festiv, prin prisma faptului că a fost celebrată împlinirea a 20 de ani de la înfiinţarea asociaţiei, al cărui număr total de membri este de 35 secretari ai judeţelor din ţara noastră. Invitaţi la eveniment au fost dl Tiberiu Marc – Vicepreşedinte al Uniunii Naţionale a Consiliilor Judeţene (UNCJR) şi Preşedinte al Consiliului Judeţean Sălaj, dl prof. univ. dr. Dacian-Cosmin Dragoş, profesor de drept administrativ si european la universitatea Babeş-Bolyai Cluj –, dna Daniela Soroceanu – Prefectul Judeţului Neamţ – şi dna conf. univ. dr. Nicoleta Miulescu – vicepreşedinte al Asociaţiei Secretarilor de Municipii din România şi secretar al municipiului Craiova.
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Review of: Vasile STĂNESCU, The human being, between arrival and departure, Universul Juridic Publishing House, Bucharest, 2018
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Review of: Anton TRĂILESCU, Alin TRĂILESCU, Administrative Disputes Law, Comments and explanations, C.H. Beck Publishing House, Bucharest, 2018
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This article analyzes the recourse and the review – remedies in the field of administrative litigation, which in this field have some peculiarities shown by Law no. 554/2004, which derogates from the provisions of the Civil Procedure Code. The research is conducted from a diachronic perspective, highlighting the evolution of the regulation of the remedies against the judgments pronounced in the administrative litigation, culminating with the last modifications to the Law no. 554/2004 through the Law no. 212/2018.
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If we were to state the role of the European Union in a single sentence, it would include the idea that it seeks to choose the best policies, tools and resources to combat poverty in the context of sustainable development. In addition to environmental protection, good governance, democracy and the rule of law are considered vital for sustainable development within the European Union; on the basis of the relations between the European Union and the Member States, these concepts have also been assimilated at national level and, implicitly, at the level of local collectivities. The Union supports the achievement of its goal through European funds. Relations between the Union and the Member States are reflected in an institutional framework at European and national level, where the control occupies an important place. The verification of the activity of the competent national authorities is one of the most complex and interesting problems of administrative organization, since it involves not only the knowledge of the principles of organization and functioning of the authorities, of the rules and operating mechanisms specific to the European funds but also includes a set of rules on the domain, extent and limits of control. This paper deals with the aspects of the national control over the activity of the designated public authorities, as well as with the irregularities in the process of obtaining and using the European funds; the paper is divided into five sections, dealing with issues such as defining the concept of control, delimiting it from the European control and defining the national legal framework, the domain of control exercised at national level, the forms of control and the applicable legal regime.
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În cadrul prezentului demers vom realiza, în principal, o selecţie a deciziilor de admitere în întregime sau în parte pronunţate de Curtea Constituţională a României şi publicate în Monitorul Oficial în cursul anului 2018. La nivel statistic, se constată o sporire cu o treime a deciziilor de admitere faţă de anul 2017, în anul 2018 fiind pronunţate, în consecinţă, 79 decizii de admitere în întregime sau în parte.
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Actul administrativ normativ sau individual este emis în temeiul unor acte normative sau administrative cu valoare juridică superioară şi trebuie să fie în concordanţă cu acestea din urmă. Analiza legalităţii actelor administrative priveşte atât condiţii de fond, cât şi condiţii de formă. Condiţiile de fond se referă la emiterea actului administrativ cu respectarea competenţei materiale şi a competenţei teritoriale, conform actelor normative ce reglementează domeniul de activitate ce face obiectul măsurii adoptate. În speţă, cele două acte administrative atacate au fost emise cu respectarea competenţei materiale/teritoriale a autorităţii emitente, precum şi a condiţiilor de formă, însă în dezacord cu actele normative ce reglementează domeniul de activitate. Aprobarea structurii organizatorice a Administraţiei Fondului pentru Mediu este dată în competenţa autorităţii publice centrale şi transpusă prin dispoziţia Administraţiei Fondului pentru Mediu, însă este supusă regulilor, condiţiilor şi principiilor ce se regăsesc în actul normativ juridic cu valoare superioară, în speţă Codul muncii, chiar dacă actele administrative atacate nu au conţinut şi referirea expresă la acestea. Dreptul de apreciere de care se bucură autoritatea/instituţia publică trebuie exercitat în limitele legii şi cu respectarea drepturilor şi libertăţilor fundamentale ale cetăţenilor prevăzute de Constituţie sau de lege.
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Miercuri, 25 septembrie 2019, Institutul de Cercetări Administrative „Paul Negulescu”, Facultatea de Drept din cadrul Universităţii din Bucureşti şi Editura Universul Juridic au organizat un nou eveniment în seria SMART LAW CONFERENCES: „Codul administrativ. Dezbateri, soluţii, provocări”
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În zilele de 30 august-1 septembrie 2019 s-a desfăşurat Sesiunea Academiei de Ştiinţe Juridice. Această importantă manifestare ştiinţifică a avut loc la „Domeniile Panciu”, în sala de conferinţe, în organizarea conducerii Academiei şi cu participarea membrilor Academiei – dr. Ioan Chelaru, preşedinte, Liviu-Bogdan Ciucă, vicepreşedinte, cel care s-a ocupat în mod special de organizarea şi desfăşurarea sesiunii, Ovidiu Predescu, Marin Voicu, Ioan Alexandru, Gheorghe Buta, Cristian Ionescu, Ştefan Deaconu, Irina Moroianu-Zlătescu, Monna-Lisa Belu Magdo, Nicolae Popa ş.a.
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Review of: Prof. Verginia VEDINAŞ, PhD. – “Annotated Administrative Code – Novelties. Comparative examination. Explanatory notes”, Universul Juridic Publishing House, Bucharest, 2019
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