CEEOL - Browse Subjects Result

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

THE SUCCESSIONAL RESERVE IN THE NEW CIVIL CODE’S REGULATION. PART II

Author(s): Ilioara Genoiu / Language(s): English Issue: 3-4/2011

An important aspect in the analysis of the successional reserve problem3 is represented by the establishment of the successional reserve and of the available quota. As a consequence, in the present paper the calculation of the successional reserve and of the available quota will be analysed, also identifying the operations that must be done in order to determine the mass of calculation. Equally, there will be revealed the news brought, in this respect, by Law number 287/2009 regarding the Civil Code 4 and there will be appreciations of its progressive character.

More...

PROFILING VICTIMS OF DECEIT OFFENCES

Author(s): Mirela-Carmen Dobrilă / Language(s): English Issue: 3-4/2011

The article hereby analyzes aspects regarding the behaviour, typology and mental status of deceit victims, as fighting deceit offences effectively implies knowing the specifics of the victims of these crimes. The offence of deceit is performed against people with specific psychological traits, which allow criminals to derive unjust material gains by depossessing these victims of goods through lying and dishonest behaviour. Victims of deceit are primarily people with reduced abilities to anticipate the intentions of the deceivers, those who do not conduct themselves with general prudence, and tend to accept signing documents which result in deceit with greater ease than others. Effective preventive actions for deceit offences involve knowing the particular aspects of victim behaviour, and designing prevention measures should not be solely based on the profiles of offenders, but also on the particular traits of victims within the context of these offences.

More...

INSTITUTION OF THE OATH: A PLURIDIMENSIONAL LEGALANTHROPOLOGICAL APPROACH

Author(s): Nicolae Sadovei / Language(s): English Issue: 3-4/2011

Approached within legal sciences, the oath entity has a pluridimensional institutional character, where various approaches are possible, both theoretical (including normative), and practical. The attempt to perceive the concept of oath in a traditional way, as an entity researchable through the mechanisms applied in the field of legal sciences, which is approaching it into an already dedicated style, is even from the start a challenging one. The oath passed through the history of civilizations that have succeeded over the times without being subjected to radical changes, being present in all historical periods and in all cultures known to researchers intersected in anthropology, ethnology and social psychology, including to lawyers interested in legal anthropology. The oath, from a historical and anthropological perspective, can be identified at two levels: the ordinary oath deprived of any normative and ceremonial-ritual aspects, and the social public oath, with effects over the public and private life, both of the individual who makes the oath, and over the third parties involved.

More...

THE EFFECTS OF CLAN STRUCTURES ON THE FUNCTIONING OF POST-COMMUNIST ADMINISTRATION AND JUSTICE

Author(s): Cristian Bocancea / Language(s): English Issue: 3-4/2011

Post-communism is a historical age and a social phenomenon of an utmost complexity within which there take place various processes which re-compose institutions but also change the informal networks of power and modify the patterns of the collective mindset. In this context, clan structures appear to be socializing agents (with an identitarian and redistributive function relative to economic resources), which replace official and legitimate institutions and generate social pathologies such as normative depression. The greatest danger to young democracies is represented by the situation in which clan-based organizations become parasites of governmental and legal institutions because in such a context they would not only interfere with the correct functioning of the state but they would also produce a feeling of injustice and mistrust in the social imagery.

More...

THE FINANCIAL GUARD OF THE BODIE RESPONSIBLE FOR FINANCIAL AND FISCAL CONTROL IN ROUMAIN LAW

Author(s): Nadia-Cerasela Aniţei / Language(s): English Issue: 3-4/2011

Broadly, the financial apparatus of the state includes all state bodies that contribute directly or which only facilitate the achievement of financial activities by means of which the financial policy of the state is applied. In a narrow sense, the financial apparatus includes specialized state bodies with responsibilities in financial matters. From the above, it results that there are two categories of bodies in the financial apparatus, namely: 1. state bodies that have general jurisdiction, which includes the Parliament, the Presidency, the Government, the county and local councils, other central and local bodies of state administration, and public institutions of central and localsubordination; 2. state bodies that have special jurisdiction which includes: - specialized central agencies: Ministry of Finance and the Court of Auditors. - local specialized bodies (those belonging to the Ministry of Finance and the Court of Auditors). The Ministry of Finance is organized and operates as a specialized body of central public administration subordinated to the Government, which applies the strategy and Program of governance in the field of public finance. Within the Ministry of Finance the following units operate: A. With funding from the state budget: 1. The National Agency for Fiscal Administration including the President and Vice Presidents of: The Financial Guard; The National Customs Authority; Public Finances County General Directorates which include: municipal public finance administrations, public financial administrations for medium taxpayers; public finance municipal administrations, public finance communal administrations, the Public Finances General Directorate of Bucharest.

More...

COMPARATIVE APPROACH ON VICTIMS’ PARTICIPATION TO CRIMINAL TRIAL

Author(s): Alina-Mirabela Gentimir / Language(s): English Issue: 3-4/2011

Currently, both in international jurisprudence, as well as national legislation and doctrine, the main issue regarding the victim is the opportunity to have it as a party in the criminal trial, not only in its civil side. Providing cumulative the purpose of criminal trial to achieve compliance with the procedural safeguards required by human rights field are only two requirements that govern the institution of victim regardless the system which belongs to national laws or the international criminal court it is subordinated.

More...

EMPLOYMENT LAW AND HUMAN RESOURCE MANAGEMENT - NECESSITY OF OCCUPATION OF HUMAN RESOURCE EXPERT-

Author(s): Ana Ştefănescu / Language(s): Issue: 1-2/2015

Without denying the interdisciplinary nature of the science of human resources (general) management, inherent in modern science, we support the idea that it cannot exist outside of labour law. Moreover, as far as we are concerned, human resources management is integrated into labour law. For the purpose of reinforcing this statement, under this small study, we bring sufficient and relevant arguments, which we consider that are meant to constructively unify the opinions and maybe egos of the various specialists in law, economics, management, psychology, sociology, ergonomics, demography etc. Moreover, all of them are approaching this issue more or less from this perspective. We should not forget that, usually when employement (social) relationship is being damaged, labor legal conflicts arise. In conclusion, as jobs organizers perceive these aspects they will only recruit in terms of quality, both specialists in labour law/legislation as well as specialists in human resources management, psychology etc. or persons who have complementary, interdisciplinary skills. Ideally, though not impossiblly it would be to introduce in the classification of Occupations from Romania a new integrative occupation, namely the one of human resources expert. However, it would be difficult for a person to meet all requirements and thus our proposal is to be proclaimed as a real challenge in this field.

More...

THE LEGAL REGIME OF HIRING PUBLIC GOODS. RENTING PARKING SPACES ON PUBLIC DOMAIN

Author(s): Antonio Sandu / Language(s): Issue: 1-2/2015

Throughout this article we will address the issue of organizing public auctions regarding the rental of parking spaces on public domain. The current theme is very important since, in the context of the lack of parking spaces in the big cities, the rental of parking spaces can constitute a means of protecting the residents that will now have a parking spot secured, in their residence area, while dysfunctions may arise in the administration of parking spaces if the rental isn’t done in a way that permits the parking of vehicles that don’t have rented spaces in reasonable distances from the areas of public interest. Otherwise, the lack of parking spaces increases the predisposition of many drivers to park illegally both on the road, and in rented parking spaces, temporarily unoccupied.

More...

MONEY LAUNDERING. NATIONAL AND EUROPEAN REGULATIONS

Author(s): Calina Andreea Gardikiotis,Nadia-Cerasela Aniţei / Language(s): Issue: 1-2/2015

The paper presents the Romanian and the European legislation regarding money laundering . In Romania, until 1989, there were no special regulations in the field of money laundering. In 1999, Law no.21 on the prevention and sanction of money laundering was promulgated. Latter, this act was repealed by Law no. 656 of December 7, 2002 on the prevention and sanction of money laundering, which suffered a series of modifications. The Directive 2015/849 / EC amends the Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repeals Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC. The Directive has come into force on 26 June 2015 and must be transposed into the national laws of the Member States by 26 June 2017. In conclusion, we consider that the present magnitude of money laundering requires joint efforts of the states and of European and international specialized organizations. This can only be achieved by harmonizing legislation on money laundering worldwide.

More...

MAIN OFFENCES ENTAILING THE CRIMINAL LIABILITY OF LAWYERS

Author(s): Elena EVA / Language(s): Issue: 1-2/2015

In all jurisdictions, Bars play a central role in disciplinary surveillance. The Bar or its official representatives study the complaints initially and they are entitled to take disciplinary measures. Often, committees deal with complaints, such a duty is performed by disciplinary authorities, comprising the members of Bar Council or mixed committees created to this end. In almost all jurisdictions, a disciplinary committee that may comprise members of the legal system is entitled to appeal, even to file an appeal in civil court. Sanctions are quite similar, ranging from threatening with fines to temporary or permanent suspension. Execution is important in this matter; the Bar is in charge with collecting the fines. The violation of certain sanctions can represent grounds for criminal liability (e.g., in the case of a suspended lawyer who still exercises his profession). The economy of legal provisions suggests that the law regulating the profession of lawyer does not exclude legal responsibility overlapping. In other words, the criminal liability of lawyers can overlap civil (patrimonial) liability. The civil and criminal liability is entailed by an illicit act, which brings prejudice to a moral value. Whereas, in the past, the two forms of criminal liability could not be distinguished, their differentiation has increased over time and it has been accepted by all law systems. Therefore, civil liability is involved whenever a person – in our case, the lawyer – commits an illegal act that causes a prejudice (e.g., to the State). If an illicit act is mentioned in the criminal law, it entails the criminal liability of the wrongdoer, though the act may not have brought prejudice to a certain person. Within criminal liability and disciplinary liability, the form and degree of guilt represent an essential element, both for the characterization as offence or disciplinary infringement of the lawyer’s illicit act, and for the application of criminal punishment or disciplinary sanction. However, in terms of moral responsibility, the essential element is the lawyer’s behaviour related to the ethical and social principles imposed by special regulations and by the community to which the lawyer pertains.

More...

THE APPEAL REGARDING THE LENGTH OF CRIMINAL PROCEEDINGS

Author(s): Mihaela Laura Pamfil / Language(s): Issue: 1-2/2015

Among the innovations brought by the new Criminal Procedure Code in force as of February 1, 2014, they included the appeal regarding the length of criminal proceedings, appeal by means of which the parties and the main subjects of proceedings may request the acceleration of the development of proceedings during prosecution and judgment. The new procedure is meant to provide persons who exercise or against whom a legal action is exerted an effective tool to ensure the celerity of criminal proceedings so that the number of cases in which Romania is convicted of violations of the parties’ right to resolve their case in a reasonable time decreases. The main aim of this paper is to present the new regulation and to highlight the weakness of the regulation which may lead to consider the appeal regarding the length of criminal proceedings as an ineffective remedy.

More...

THE FAMILY COUNCIL – SUBSIDIARY MEAN FOR MINOR'S WELFARE

Author(s): Diana Anca Artene / Language(s): Issue: 1-2/2015

The current Civil Code introduced significant changes to the guardianship institution, transforming it into an institution much more human, closer to both, the minor and his/her interests. This is mainly due to the possibility granted to the parent to appoint a guardian for her/his minor child, guardian who must protect the minor when the parents can no longer do. Along with the changes made to the guardianship institution reappears the institution of the family council, thus creating the possibility of a more efficient protection of the minor's interests. The Family Council is an advisory institution which may be established for the supervision of the way in which the guardian shall exercise his rights and performs his duties on the juvenile person and property. The Guardianship Court can be a family council made up of three relatives or in-laws of the family taking into account the personal relationships with the minor's family. In the absence of relatives and in-laws can be appointed other persons who had ties of friendship with the minor's parents or show interest in this situation. The role of the new institution is to protect the interests of the juvenile through its supervision by the biological or extensive family in how the guardian duties were performed.

More...

THE INFLUENCE OF EXISTENTIALIST PHYLOSOPHY ON LEGAL THINKING. CASE STUDY: JEAN-PAUL SARTRE

Author(s): Viorel Rotilă / Language(s): Issue: 1-2/2015

The subject of this article is the relationship between of J.P. Sartre's philosophy and legal thought, as he relies on an initial analysis of the relationship between existential philosophy as a whole, and Law. Existentialism establishes another way to understand the world and man, being able to cause changes in the legal thought. The consciousness conscious of its acts, as Sartre’s strong ontological theme, is one of the universal assumptions of any legal system, based on which the possibility of legal liability is founded, thereby participating in the foundation of approaches regarding the research of the legal consciousness. Building on the interpretation of Heidegger's ontology purpose in the establishment of an ethics developed by Sartre, we consider that ontology is the strength of the ethical vision of the French author, having the ontology of consciousness at its core. As an effort to arrive at self-consciousness, authenticity can make the transition from the presumption of knowing the law and consciously relating each behaviour to it, to the possibility of a substantiation of responsibility on philosophical grounds. Understood as liberation from the constraints of conventions towards experimentation of own experiences, authenticity helped to diminish the importance of some of the social conventions, the dilution of the importance of the family institution being one of the examples in which this existentialist concept determined in the legal area a reconfiguration of a social institution.

More...

CHALLENGING THE LEGAL CHARACTER OF THE FINANCIAL CORRECTIONS APPLIED TO SOME TRANSGRESSIONS RELATED TO THE USE OF THE EUROPEAN UNION FUNDS

Author(s): Rada Postolache / Language(s): Issue: 1-2/2015

The current analysis will debate the grounds and lawfulness of the financial corrections applied to the transgression of the procedure for purchasing assets/works/services using the European Union funds. For this purpose, the reference point is the special legislation and legal literature in the field, mainly Decision No. 1353 from 18th March 2014 of the High Court of Cassation and Justice (ICCJ), the Administrative-Contentious and Fiscal Department. In their essence, financial corrections are regulated by the Government Emergency Ordinance No. 66/2011 pm the prevention, acknowledgement and punishment of irregularities emerging in the use of European Union funds and/or national public funds corresponding to them , they constitute a novelty element which the legal act mentioned above brings, in comparison to the former regulation. Special law, at article 2 letter o) speaks of “administrative measures taken by the competent authorities (…), consisting in the exclusion from the European Union funds and/or national public funds corresponding to them of the expenses for which an irregularity was noted”. The definition mentioned above points out that the essential condition for applying the financial correction is the existence of an irregularity in the use of European Union funds, which receives the following meaning according to special law: “action or inaction of the beneficiary or the authority with competences to administer European Union funds, which caused or can cause prejudices to the European Union budget/the budgets of international public donors and/or the national public funds corresponding to them, as a result of an amount of money which was unworthily paid”. Irregularities are taken into account as transgressions and not as a fraud, the latter having another legal regime according to law. At the same time, the law also includes the condition for the EU budget to be prejudiced or potentially prejudiced by the transgression committed, an aspect which will also be subsequently analysed. Corrections are applied by means of the transgression finding and financial corrections enforcement reports, issued by the authority administering EU funds, according to the procedure provided for by the special law; these are qualified by the special law as administrative acts (with financial character – our note) – debt titles. The immediate effect of applying the correction resides in the exclusion from the EU funds/national public funds corresponding to them of the expenses in regard to which a irregularity was noticed. Concretely speaking, the exclusion (financial correction) consists in the total or partial diminishment by percentages of the amounts of money coming from the EU Funds, which were used by infringing the law, according to the Methodological Norms for Enforcement of the Government Emergency Ordinance No. 66/2011. The diminishment percentage is different, in relation to the transgression committed. In a case file which will be subs

More...

BOOK REVIEW: LIABILITY IN CONSTITUTIONAL LAW, AUTHORS: LECTURER PHD NEMŢOI GABRIELA IAŞI, ROMÂNIA: LUMEN PUBLISHING HOUSE

Author(s): Razvan Viorescu / Language(s): Issue: 1-2/2015

Liability Forms, whether it is a contractual or a tortious liability, occupies an important space in any branch of law, because they require an act, or by default by carrying out an obligation in case of a legal relationship. Liability is a way, indirectly said, to sanction the lack of an act or a legal fact that was committed. In case of constitutional responsibility, the author had in mind not only the limited legal norms which coordinates the work of state institutions and the limit of the work of state officials, in their capacity as the dignitaries under the name of parliamentary, ministers, magistrates. Constitutional responsibility must be perceived as its existential form of constitutional guarantees, which allows the state to correct the abuses, which government institutions are committing in relation to the citizen. Thus, the importance of the theory of constitutional responsibility and state law is given by the fact that it provides an overview of all phenomena that relate to the theme addressed "Liability in constitutional law".

More...

CRIMINAL LIABILITY OF LAWYERS

Author(s): Elena EVA / Language(s): Issue: 1-2/2015

The legislative deficiencies and the rules governing the lawyer’s profession do not regulate clearly enough the fate of criminally convicted lawyers; the lawyers within the board of the Bar must decide the fate of a fellow lawyer of the Bar. Law no. 51/1995 – regarding the organization and exercise of lawyer’s profession, as well as the Statute of the lawyer – shows that the lawyer’s capacity shall end if the lawyer has received a final sentence for an action criminalized by the criminal law, which renders him/her “unworthy of being a lawyer”. The first condition for a lawyer to be “judged” by the board of the Bar is for the court that decided his/her conviction to send the final sentence to the said Board. Upon receiving the motivation of the court, the Board will be able to take a decision. At that point, the board of the Bar to which the convicted lawyer belongs will analyze whether the actions for which he/she was convicted affect or not his/her lawyer profession (the prestige of the lawyer’s profession). If it is determined that the actions did affect the profession of lawyer, then he/she can be excluded from the Bar. On the contrary, if it is determined that his/her actions did not affect the profession of lawyer, the person can still be part of the body of lawyers. These anomalies have brought and underlined a serious issue of the system: criminally convicted lawyers who – based on unclear and permissive legal provisions and benefiting from the protection of fellow lawyers within the boards of the Bars – still exercise their professions and plead before courts with no impediments whatsoever.

More...

DECISION 9/2015, KEY DECISION OF THE HIGH COURT OF CASSATION AND JUSTICE OF ROMANIA - IMPOUNDING CARS IS ILLEGAL

Author(s): Mădălina-Elena Mihăilescu / Language(s): Issue: 1-2/2015

The article analyses the latest decision of the High Court of Justice of Romania, regarding impounding cars, a problem that was differently solved through the years by many of the Romanian courts. As a matter of fact, this decision considered in a correct manner that the procedure of applying the technical administrative measure, i.e. impounding the cars parked/ stationed illegally on the roads stipulated by article 64 and article 97 of GEO no. 195/2002, cannot be regulated by decisions of local councils. By interpreting the current laws one may see that the complementary contravention sanction does not carry a repressive role, this role belonging to the main contravention sanctions. Their real role is a preventive one, such as removing a state of danger and preventing the perpetration of other acts prohibited by law. Even before this decision appeared we believed that, besides the fact that we dealt with a case of unjust enrichment, we were also faced with an unlawful act, impounding cars violating the right of property of the citizen because, the car being moved out of his control ,without their consent, and it entered, for a short period of time, in the custody of the impoundment company. We consider that the decision no 9/2015 became a revolutionary one and, in the same time, it has the role to promote an equable practice of courts in respect of this technical administrative measure.

More...

DIFFICUTIES REGARDING THE ASSIMILATION OF THE EUROPEAN UNION RULES AND THEIR IMPLEMENTATION WITHIN THE NATIONAL LEGAL SYSTEMS

Author(s): Florin-Bogdan Lăcraru,Diana Anca Artene / Language(s): Issue: 1-2/2015

The reports between the European Union Law and the national law proved to have a complex character, not only evolutions and positive aspects being acknowledged, but also some difficulties in what it concerns, on one hand the assimilation of the European Union rules and, on the other hand, their implementation within the national legal systems. Not once it has been acknowledged the occurrence of some conflicts between the European Union legal provisions and the national legal provisions. In order to harmonize the Romanian legislation with the European Union legislation in private property law matters, the Romanian law makes a distinction between the acquisition way of the property by the citizens of European Union member states or by the citizens of European Economic Space and by the citizens of other states.

More...

GUILT ADMITTANCE AGREEMENT PROCEDURE AND THE PROSECUTOR’S ROLE IN THIS SPECIAL PROCEDURE

Author(s): Oana Elena Gălăţeanu / Language(s): Issue: 1-2/2015

With the intent of supporting the judicial bodies by shortening the procedure involved by the criminal trial and the defendants who perpetrated offenses for which the law provides fine or jail not exceeding seven years, the lawmaker introduced an absolutely new procedure within the Romanian criminal trial, named guilt admittance agreement. It is regrettable that the law texts referring to this criminal trial simplification special procedure, such as currently provided in Criminal procedure code, are unclear and lacunar, leaving room to numerous interpretations and question marks. In the study hereto the author presented a series of opinions regarding the role of the hierarchically superior prosecutor to the case prosecutor in this procedure, and in the end the own opinions are expounded with regard to the legal provisions referred to, to their possible interpretation and the need to be clarified by the Romanian.

More...

GENERAL CONSIDERATIONS ON QUALIFICATION IN PRIVATE INTERNATIONAL LAW

Author(s): Remus Daniel Berlingher / Language(s): Issue: 1-2/2015

A conflict regulation consists of two structural elements, namely: the content of the conflict regulation and the connection of the conflict regulation. Notions by which such elements are determined do not have the same content in different legal systems. For this reason, it is necessary to determine their meaning, since the competent law to regulate that legal relation also depends on how a qualification is made. Qualification is an issue of private international law. Thus, for example, it is possible that a certain legal notion has one meaning in one legal system, and a different meaning in other legal systems. In this article we analysed the concept of qualification, factors determining qualification, forms of qualification, the law according to which qualification is made, conflict of qualifications, as well as qualification under Romanian law.

More...