Amendments to the Law No. 554/2004 introduced by Law No. 212/2018

Author(s): Elena-Mihaela Fodor / Language(s): English Issue: 02/2019

The paper discusses the amendments regarding the definition of the administrative act, the limitations of the control of the contentious administrative courts, the prior procedure, the object of the legal action, the competence of courts, the parties, the procedure and the enforcement of the court decision. The analysis of the amendments introduced in the Law no. 554/2004 by Law no. 212/2018 is made in corroboration with other normative acts. Generally, the legislator managed to harmonise the provisions of the Law no. 554/2004 with other normative acts and at the same time, to preserve the specific of the contentious administrative. However, dispute procedure for the administrative contracts together with the rules for contesting the first instance decision do not respond to the specificity of the administrative law.

An Overview of Violence as a Vice of Consent

Author(s): Loredana Vlad / Language(s): English Issue: 2/2020

People are considered bio-psycho-social beings. From the beginning of mankind, violence as part of human nature has manifested itself in relation to the other through the crime committed by Cain against his brother Abel. As time passed, it was found that a form of protection is needed to prolong the life of the individual, and thus by accepting the "social contract", man gave up his natural state in which freedom was absolute, in order to obey the law.In this paper I will bring to the fore a series of considerations with a focus on violence, emphasizing the idea of the vice of consent.

AN UNCONVENTIONAL APPROACH TO THE VICTIMIZING EFFECT OF LAW AND ITS POSSIBLE INFLUENCES ON NATIONAL SECURITY - AN ANALYSIS OF THE ROMANIAN LEGAL SYSTEM

Author(s): Valentin-Stelian Bădescu / Language(s): English Issue: 1/2022

We live in a world more legalized than ever, but more alien to the true spirit of the law than ever before! A hyper-formatted, hyper-normative, hyper-hierarchical universe of conformity and normativity has been created and seems to expand relentlessly, which provokes the fear of the individual and works according to a quasi-similar logic. It already encompasses and dominates important areas of society, such as business, administration, health, education, culture and institutionalized science in the letter and, above all, in the spirit of its data. The "normative" system says the law, decides a priori who is right, elaborates laws, administers and governs, establishes strategic guidelines, appoints in school, university or academy, guides the media, is everywhere and anytime. But the right it thus claims to express, by which it protects himself and ensures its reproduction is distorted to such an extent that, in order to avoid collapse, it becomes absolutely necessary to abandon it quickly and return to the idea and practice of true law!

Analele Științifice ale Universităţii Alexandru Ioan Cuza din Iași, seria Ştiinţe Juridice

Frequency: 2 issues / Country: Romania

<p>Scientific Annals of Alexandru Ioan Cuza University of Iași, Juridical Sciences Series, is a publication with tradition in the field of legal sciences.</p> <p>The Journal includes research work of teachers, visiting professors, researchers and PhD students from the Faculty of Law of Alexandru Ioan Cuza University of Iasi.</p> <p>Annals of Alexandru Ioan Cuza, Juridical Sciences Series contain analysis of specific issues of law, subscribed to the four cardinal points of legal taxonomy - Public Law, Criminal Law and Criminal Sciences, Private Law, International and European law - dubbed the reviews and comments of jurisprudence.</p>

Analiza juridico-contravențională a faptei de conducere a vehiculului în stare de ebrietate

Author(s): Vitalie Ionaşcu / Language(s): English,Romanian Issue: 13/2021

The grave situation in the field of road traffic safety determines the firm intervention of the state in order to prevent and combat effectively, in particular, the acts of drunk driving, which has been confirmed to be one of the main causes of road accidents. In this context, the state established the responsibility for this type of deviant behavior, incriminating the facts of driving the vehicle in a state of alcohol drunkenness with a minimum degree, handing it over a person who is in a state of alcohol drunkenness, at art. 233 the Contravention Code of the Republic of Moldova. A profound analysis of the structure and content of article 233 of the Contravention Code allowed us to form the opinion that the author of the norm was badly inspired, admitted several errors and technical-legislative deficiencies, and neglected the basic requirements that must meet the normative acts, which determined a misinterpretation and misapplication of that rule.

Analiza zmian poziomu zrównoważonego rozwoju powiatów w Polsce w latach 2006–2016

Author(s): Rafał Czyżycki / Language(s): Polish Issue: 4/1/2018

In Poland, the need to implement regional policy by local government units in accordance with sustainable development principles results directly from the rules of law. Taking into account specific environmental and economic conditions in individual regions, local authorities, having the right to give preference to different aspects of socio-economic development when creating regional strategies of regional development, are obliged to implement the concept of sustainable development in those strategies. The aim of the article is to specify the degree of changes in the level of sustainable development in individual districts in Poland in the years 2005-2016 in general and in the area of economic, environmental, social as well as institutional and political order.

Analysis of “Dual System” Talent Training Model from the Perspective of Legal Education Reform in the New Era

Author(s): Xianyang Lu,Bo Ma / Language(s): English Issue: 9/2021

The “dual system” talent training model advocated and designed by the Guangdong University of Petrochemical Technology emphasizes and adheres to that the essence of regular higher education is general education and quality education, rather than vocational education, aiming for training general-purpose “rough-like” talents for the society on the pre-condition of providing certain professional basic theoretical education. The “dual system” talent training model of the law program is characterized by the “dual nature” at both macro and micro levels. At the macro level, it is mainly manifested in the dual system that attaches importance to the “legal professional quality system + humanistic quality system education,” emphasizing the training of basic legal professional qualities, while valuing the training and development of humanistic qualities and ideological and political concepts, etc. At the micro-level, it is manifested in the dual system of “legal theory knowledge system + legal practice operational knowledge system,” providing basic legal theory education, while strengthening the training of basic legal affairs practical operational skills, so that the students can develop the initial ability to solve simple legal practice problems, thus better resolving the tension between social talent demand and traditional training model. For the purpose of constructing the “dual system talent training model” for legal education, the law program shall adhere to the principle of advancing gradually in due order, focus on scientific setting and arrangement of the elective curriculum system, make the new goal of legal talent training both the starting point and ultimate goal, improve the validity of professional practice courses in the practice sessions, and cultivate students to have a more sound personality and comprehensive knowledge system, meeting the demand for legal talents in the new era.

Analysis of the Mechanisms of the Legal Will - an Argument for an Interdisciplinary Scientific Framework

Author(s): Alexandrina-Augusta Bora / Language(s): English Issue: 2/2022

The legal will agreement producing legal effects means that each party will is real, conscious, free and clear, externalized and expressed the intention to be bound. Through legal concepts of will and consent, a purely psychological approach objectifies producing legal effects. The whole argument is based on the idea that an interdisciplinary approach of the law requires updating the content of the concepts reflecting processes and mental phenomena which can be scientifically investigated with the methods and techniques of modern science. Analysis of classical theories of the will and the modern theories on the decision making process revealed the evolution of decision making research and the importance of including these valuable scientific information within the factors influencing civil act theory as a manifestation of the will and the concept of contractual freedom.

ANALYSIS OF THE PRINCIPLE OF COMPETENCE OF THE CIVIL SERVICE FROM THE PERSPECTIVE OF THE EUROPEAN UNION STAFF REGULATIONS AND THE ROMANIAN ADMINISTRATIVE CODE

Author(s): Popescu Viorica / Language(s): English Issue: 1/2022

In contemporary society, public administration has a fundamental role to play in influencing sustainable economic prosperity, social cohesion and people‘s wellbeing. The current pace of social, technological and economic change requires the public administration to adapt to new realities. This adaptation cannot be achieved without taking into account the most important factor, namely the human one. Hiring civil servants on the basis of clear competency criteria will allow the public administration to improve its efficiency, but also to increase the attractiveness of the public sector. The principle of competence in the public service is a fundamental principle both at the level of the European Union and at the level of each Member State. This article aims to make a brief analysis of this principle from the dual perspective of Union regulations and regulations in Romanian law in order to highlight its value in strengthening public administration.

Animal Protection in Hungary: A Multilayer System Based on an Administrative Approach

Author(s): István Hoffman,Bernadette Somody / Language(s): English Issue: 3/2021

Animal protection has a long tradition in the Hungarian legal system. It can be interpreted as a multi-layer model, but the major approach of animal protection has an administrative nature. Originally, animal protection was interpreted as protecting farm animals as resources. Even though new layers have been evolved, the agricultural-administrative approach remained. The second layer is based on the protection of health and healthy nature. Animals are even protected as part of the natural environment and ecosystem and their protection is part of securing the biodiversity in Hungary. Although animal cruelty is a criminal offense in Hungary, the penal law approach is consistent with administrative law as it is based on the institutional protection of the fundamental right to health and a healthy environment. The law acknowledges that animals are capable of feeling, of suffering. However, animal protection stems from the state’s objective - subjectless - duty to protect the environment and humans’ living conditions. Its ultimate aim is to protect humans.

Annual Activity Program of the Local/County Council

Author(s): Dragos Valentin Dinca / Language(s): English Issue: 2/2020

Deliberative local public authorities (local and county councils) must work predictably, planned. Predictability of administrative actions leads to predictability of the society’s actions, therefore activity planning is a must. Annual Activity Program of the Local Council represents a tool for annual planning of the actions of the deliberative authorities - local and county councils. At the end of the year, for the following year, the local/county council draws up a planning of the draft decisions, on calendar months, which it intends to submit for debate and approval. In order to be introduced in the AAPLC, projects must meet certain requirements of maturity and opportunity.

ANONYMITY AND OPENNESS IN GAMETE DONATION: THE RUSSIAN POLICY ON THE THIRD-PARTY REPRODUCTION

Author(s): Rafał Łukasiewicz,Angelo Viglianisi Ferraro / Language(s): English Issue: 3/2021

The Russian Federation is one of the few jurisdictions where recipients and gamete donors have a wide scope of choice between anonymous, identifiable, and known donations. This paper examines how the Russian law regulates this sphere and how it is applied in practice basing on data collected in the largest reproductive cells bank in Russia. It demonstrates that the Russian Federation should be regarded as a country in which there is no single dominant approach to the matter of donor anonymity. The assessment of this ‘freedom of choice’ is not unambiguous. It gives recipients and donors the right to decide which option is the most suitable for their needs and motivations, simultaneously not resolving which values take precedence over others. The donor-conceived persons’ right to disclose donor’s identifying data sometimes may conflict with the donor’s right to protect their privacy and usually, jurisdictions decide which one has the priority.

ANTE ROMAC – DRAGOMIR STOJČEVIĆ AND THE FOUNDATION OF YUGOSLAV ROMANISTICS

Author(s): Nebojsa Randjelovic,Sara Mitic / Language(s): English Issue: 2/2020

Ante Romac and Dragomir Stojčević, one a professor at the University of Zagreb and the other a professor at the University of Belgrade, have left a mark on a time period with their work, and implanted their opus into the foundations of romanistics on Yugoslav territory. Their scholarly opus was big, and their cooperation fruitful. With all the greatness of their opus, it is worth particularly highlighting their joint work on a collection of rules and sentences of the Roman law in Latin Dicta et regulae iuris and the famous monograph by professor Romac Dictionary of Roman Law. By means of a specific scholarly approach with explanations and a specific methodology of presenting and defining the institute of Roman law, these books have become a classic of Yugoslav romanistics.

Anulare acte administrative – PUG și RLU. Consacrarea principiului conform căruia primează analiza stării de legalitate a actelor administrative atacate, raportat la oportunitatea realizării investițiilor publice

Modalitatea de instituire a servituții de utilitate publică, natura sa juridică

Author(s): Mihaela Morar / Language(s): Romanian Issue: 2/2020

The article deal with a case-law regarding the cancellation of administrative acts. It analyse the principle according to which the analysis of the state of legality of the contested administrative acts prevails, related to the opportunity to make public investments.

APĂRAREA ÎN CONTENCIOS ADMINISTRATIV A DREPTURILOR VĂTĂMATE DE AUTORITĂŢI, ÎN LEGISLAŢIA REPUBLICII MOLDOVA ‒ STUDIU DE CAZ (PARTEA I)

Author(s): Stefan Belecciu,Igor Şevcenco / Language(s): Romanian Issue: 07/2022

The study of the problem of defending the rights harmed by the authorities is an important one, but also current, because, in order to solve it, it is necessary to know the actions of people in such situations and to appreciate the efficiency of the administrative litigation mechanism. Such an assessment is possible only as a result of the analysis of concrete cases of injury to human rights by the authorities and of the ways in which such disputes are settled by the competent courts. This article discusses the analysis of a real case examined in the administrative court, based on which we intend to highlight the administrative activities of the public authority as the subject of the case and how a public authority can harm (people) rights recognized by law.

Aplicarea principiilor ratione materiae și ratione loci în cauzele cu elemente de extraneitate în fata instanțelor franceze de contencios administrativ

Author(s): Radu Stancu / Language(s): Romanian Issue: 3/2022

By its decision taken on June 23, 2022, the Administrative Court of Appeal of Toulouse admits the appeal filed by a Romanian university against the Ordinance issued by the President of the 4th Chamber of the Administrative Court of Toulouse. The Court of Appeal reaffirms in its decision the effects of the binding force of contracts in disputes that have extraneous elements and, more importantly, the priority of application and before any substantive debate of the ratione materiae and ratione loci principles.

APPEAL PROCEDURE OF FISCAL ADMINISTRATIVE ACTS. THE MANDATORY PRELIMINARY APPEAL PROCEDURE

Author(s): Diana Cîrmaciu / Language(s): English Issue: 1/2022

In a period in which are being organized more and more often control campaigns of the National Agency for Fiscal Administration (A.N.A.F.), with the aim of improving voluntary compliance and achieving the specific objectives of the agency, that of preventing and combating fraud and tax evasion, we believe that emphasis must be also placed on the rights of the taxpayer to ensure a balance between the general interest and the legitimate expectations of the individual, in a relationship based on good faith and compliance with the law.Contemporary reality proves us that even in this field we are still facing some “disorder” inherited or perpetuated from the complex of circumstances and difficulties through which the set of institutions and bodies with duties of carrying out the financial and fiscal policy of the state went through (thus including, here, and similar dispute resolution structures).

Application of Administrative Law in the Time of Reforms in the Light of the Scope of Judicial Review in Hungary

Author(s): István Hoffman / Language(s): English Issue: 3/2020

The Hungarian legal system and especially the administrative law is in the state of permanent change. This constantly transforming environment is a challenge for the rule of law. Every significant field of administrative law is impacted by these changes – even the judicial review model of the administrative decisions. The author analyzes the impact of these changes – especially from the last three years – on the application of administrative law. The issues raised in the article are focused on the transformation of the procedural rules, in particular on the impact of the new Act I of 2017 – Code of Administrative Court Procedure and its amendment in 2019. Two major institutions are analyzed further. First, the work analyzes the impact of the reform on the system of legal remedies in the administrative law, i.e. the reduction of the intra-administration remedies, the administrative appeal. Secondly, the extent of the judicial review was examined, in particular debates, codifications and amendments of the cassation and reformatory jurisdiction of the courts. The courts are currently the major interpreter of administrative law, whose change can be interpreted as a paradigm shift of the approach of the application of administrative law.

Application of exceptional measures, imposed by the state of emergency, in Romania

Author(s): Raluca Antoanetta Tomescu / Language(s): English Publication Year: 0

Recently, the society faced a series of special events, due to the risk situation caused by the spread of the SARS-CoV-2 virus at the international level, which forced the countries of the world to take special measures. At national level, this context was reflected in some exceptional measures in the institutions, namely the decree of the state of emergency, on the entire territory of the country and the restriction of some fundamental rights, for the first time in post-December Romania. Beyond the impact of the moral, economic or legal consequences, which it had on the community of institutions of these extremely drastic measures, the society had to face, not only with new social orders, but also some unclear situations, which aroused countless controversies over the meaning and application of legal rules, the interpretation of which raises even more questions and endless controversy. Therefore, we considered that a retrospective look at the basis of the measures implemented and the practical way in which they are applied is self-imposed.

APPLICATION OF THE DISCIPLINARY OFFENSE OF THE WRITTEN REPRIMAND. CASE STUDY

Author(s): Dragos Lucian Radulescu / Language(s): English Issue: 2/2020

Labor discipline is a legal institution related to the obligation of employees to comply with the system of internal rules of employers, as well as those resulting from the content of the individual employment contract. The legal relationship between the employee and the employer is one of subordination, this implying specific rights and obligations, imposed by the work discipline, their non-observance leading to the possibility of applying disciplinary sanctions. In the context of the COVID-19 pandemic, the obligation of the civil servant to comply with the superior's order becomes essential, the county public health directorates being in the forefront of the fight against the virus. The article refers to the disciplinary sanction of the warning, applied to the civil servant for violating the work discipline, in the context of blocking the activity of the department, by non-compliance with the internal audit service, with reference to internal regulations, labor agreements, and individualization of the sanction, motivation and procedural approach.