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REFLECȚII CU PRIVIRE LA TRANSMISIUNEA SUCCESORALĂ ȘI CARACTERELE SALE JURIDICE

REFLECȚII CU PRIVIRE LA TRANSMISIUNEA SUCCESORALĂ ȘI CARACTERELE SALE JURIDICE
(Reflections on Successorial Transmission and its Legal Characteristics)

Author(s):Ilioara Genoiu, Bogdan Patrascu
Language:Romanian
Subject(s):Civil Law
Page Range:17-21
No. of Pages:5
Keywords:inheritance; legal universality; ways of acquiring ownership; legal and testamentary succession;
Summary/Abstract:The subject of our communication is, in essence, the succession transmission, an institution present in all successions works and which involves yet many aspects of novelty. We are trying to present, here, some of these aspects. The whole matter of inheritance right, although it is a classic segment of civil law, still has unpredictable reserves of "freshness”, which urge research, which offers new perspectives of approach.

CÂTEVA ASPECTE PRIVIND ROLUL JURISPRUDENȚEI ÎN EXERCITAREA AUTORITĂȚII PĂRINTEȘTI ÎN CAZ DE DIVORȚ

CÂTEVA ASPECTE PRIVIND ROLUL JURISPRUDENȚEI ÎN EXERCITAREA AUTORITĂȚII PĂRINTEȘTI ÎN CAZ DE DIVORȚ
(Some Aspects on The Role of Jurisprudence in the Execution of The Parent Authority in The Event of Divorce)

Author(s):Mihaela-Gabriela Berindei
Language:Romanian
Subject(s):Civil Law
Page Range:22-26
No. of Pages:5
Keywords:jurisprudence; parental authority; the child’s best interest; divorce;
Summary/Abstract:The role of jurisprudence in the exercise of parental authority in the event of divorce plays a particularly important role in the life of the minor child. Through this work, we have tried to highlight the child’s best interest, which must be taken into consideration in all decisions that concern him, regardless of whether they are taken by parents or authorities. The theme of the child’s home is at the centre of intense doctrinal discussion and creates non-unitary jurisprudential solutions. In the states where the alternate residence was set as a means of establishing the child’s home to each of the parents, the solutions given by the Supreme Court were and remain controversial.

LOCUINȚA COPILULUI VERSUS RELAȚII PERSONALE EXTINSE

LOCUINȚA COPILULUI VERSUS RELAȚII PERSONALE EXTINSE
(Child's House Versus Extended Personal Relations)

Author(s):Cristiana Mihaela Crăciunescu
Language:Romanian
Subject(s):Civil Law
Page Range:27-31
No. of Pages:5
Keywords:parent; personal relationships; parental authority; child’s dwelling;
Summary/Abstract:The general principle of the Romanian legislation is that both parents have the right to equally exercise parental authority. A separation often generates conflicts regarding the means by which each parent can exercise their rights and fulfill their obligations towards the child. The fruit of discord lies in establishing the child’s dwelling, which decisively influences the child’s relationship with both of the parents. The parent whose home had not been established as the child’s dwelling can efficiently involve in the latter’s life through extended childcare, established in the form of a personal relationships schedule. The conditions under which this personal relationship schedule can be agreed by parents or established by the court are being decided considering, above all, the best interest of the child.

RELAȚII DE FAMILIE. NOUTĂȚI ȘI PRECIZĂRI

RELAȚII DE FAMILIE. NOUTĂȚI ȘI PRECIZĂRI
(Family Relations. News and Clarifications)

Author(s):Lidia Seceleanu
Language:Romanian
Subject(s):Civil Law
Page Range:32-36
No. of Pages:5
Keywords:Family; filiation; kinship; kinred; matrimonial regimes and monogamy;
Summary/Abstract:“Family relationship as any type of relationships are in a permanent dynamics with all the normal constants understood from the historical point of view and corresponding to the evolution of the society. Since the ancient times before Christ the tribes were organised in small groups and the marriage was organised among the groups as the matriarchal/matrimonial kinred, then patriarchal kinred, a couple of centuries before and after A.D. the society was organised in union of tribes later as unitary and independent states with pre established set of legal norms as for sacerdotal right, that stipulated the monogamous families, until the modern times starting from 1746 until 1989: the role of the family in the bourgeois society was mainly a patrimonial one, which was considered inalterable and further going into the socialist regime the socialist family had a strict reproductive, ethical and educational role untill the contemporary period in which the family relations seem much less important in comparison with different other priorities. This is a panoramic view of the dynamics of the relations so complex and so important as they are at the family level.We propose such a study of these aspects of the evolution of this type of social relationships starting from the Union of the Romanian Principalities on December 1st 1918 till present”.

MODALITAȚI DE EXERCITARE A DREPTULUI DE OPŢIUNE MATRIMONIALĂ

MODALITAȚI DE EXERCITARE A DREPTULUI DE OPŢIUNE MATRIMONIALĂ
(Modalities for The Exercise of The Matrimonial Option Right)

Author(s):Silvia Iosa
Language:Romanian
Subject(s):Civil Law
Page Range:37-43
No. of Pages:7
Keywords:the right to matrimonial option; matrimonial regimes;
Summary/Abstract:The right to matrimonial option is exercised mainly in two ways, as it occurs before or after the moment of marriage. Thus, before the marriage is concluded, we are talking about the choice of the first matrimonial regime - susceptible to change or replacement until the date of completing the marriage declaration - and after the expiration of the 1 year term after marriage, spouses can opt to change the limits of the matrimonial regime designated at the time marriage or to replace the marital regime initially chosen with another.Lato sensu, the right to a matrimonial option knows also ways of exercising subsidiary, which manifest itself in the "primary regime" and respectively inside each chosen matrimonial regime, and we will talk about it in the following.

PACTELE COMISORII – CONSTRUCȚIE DOCTRINARĂ ȘI JURISPRUDENȚIALĂ, CONSACRATĂ LEGISLATIV ÎN NOUL COD CIVIL

PACTELE COMISORII – CONSTRUCȚIE DOCTRINARĂ ȘI JURISPRUDENȚIALĂ, CONSACRATĂ LEGISLATIV ÎN NOUL COD CIVIL
(Lex Commissioria Pacts - doctrinal and Jurisprudential Construction, Consacrated in The New Civil Code)

Author(s):Nora Daghie
Language:Romanian
Subject(s):Civil Law
Page Range:44-50
No. of Pages:7
Keywords:legislative gaps; case-law; rescission of contracts; commissoria lex;
Summary/Abstract:Commissoria lex according to the doctrine and case-law has been finally laid down at legislative level in the provisions of the new Civil Code. The lawmaker of 2009 has included and transposed the structure of the express contractual clauses concerning the rescission of contracts on grounds of non-performance in Article 1550(2) and Article 1553 of the new Civil Code. At first sight, pursuant to the Civil Code of 1864, it appeared that rescission could be undertaken only by judicial means. None of the texts of the former regulation expressly provided for the rescission of contracts. The case-law and the doctrine have, however, emphasized the operative nature of the provisions of Article 1021 of the Civil Code of 1864 and, by reference to Article 969 of the Civil Code of 1864, have proved that the parties will be able to include the conditions under which the termination of a contract will occur with the parties’ agreement. In other words, the contractual freedom and the additional regulation of judicial rescission allowed contracting parties to self-adjust the system under which their contract could be terminated by agreeing on a termination clause, subsequently referred to as “commissoria lex” by the modern lawmaker.The development of the regulation in question undisputedly strengthens the creative role of case-law. Case-law is not equivalent, but actually subject to the law, which does not prevent it from contributing to the law. It generates elements to be used in the interpretation of the legal regulations or to provide, where these regulations are silent or insufficient, a solution where a difficult matter is being examined.

CONTRACTUL DE VĂNZARE-CUMPĂRARE. EVOLUȚIE-NOUTĂȚI

CONTRACTUL DE VĂNZARE-CUMPĂRARE. EVOLUȚIE-NOUTĂȚI
(Purchase Agreement. Evolution. Novelties)

Author(s):Adela Teoteoi-Pirlica
Language:Romanian
Subject(s):Civil Law
Page Range:51-56
No. of Pages:6
Keywords:agreement; sale and purchase; payment; bilaterally; accord of will;
Summary/Abstract:Sale and purchase agreement or sale contract is one of most usual agreement, which we found in continental and common law system. It has origin in the right of the ancient Roman Empire. Starting from those times, the sale contract has been adapted according to the needs of the period to which it relates. The most common definition of this is that the seller shall undertake to sell, and the purchaser undertakes to buy a good. This article details both conditions of validity of contract, it’s characteristics, the main subject, the price, and it’s effects. The most visible aspect is that the good which is the subject of contract of sale-purchase comes out from the assets of the seller and comes in to the buyer, in exchange of a price. The contract of sale-purchase is an agreement between the parties which generates both, rights and obligations for all contracting parties. We mention this because the obligation of the seller to give the object covered by the contract lead to the purchaser obligation to pay the price. At their turn, they generate other obligations, such as conditions under which shall be handed over the good, when it will be handed over, as well as the manner in which they will pay the price. In the situation in which the subject of the contract is a real-estate, above-mentioned obligations should be linked with the provisions of the Civil Code relating to the entry of the real-estate in the land register.

DREPTUL LA DEMNITATE. O PERSPECTIVĂ JURISPRUDENŢIALĂ

DREPTUL LA DEMNITATE. O PERSPECTIVĂ JURISPRUDENŢIALĂ
(The Right to Dignity. A Jurisprudential Perspective)

Author(s):Izabela Bratiloveanu
Language:Romanian
Subject(s):Civil Law
Page Range:57-63
No. of Pages:7
Keywords:the right to dignity; personality rights; legal regulation; jurisprudence;
Summary/Abstract:As a novelty for a Romanian Civil Code, as stated in the Explanatory Memorandum, "A special title (Title V, Book I) is devoted to the protection of personal non-property rights by specific legal means", or the personality rights occupy a central place within the category of personal non-property rights of the natural persons. With the drafting of art. 58 Civil Code, the Romanian legislator expressly nominates the right to dignity and includes it in the list of personality rights, through art. 72 par. (2) Civil Code clarifying the content of this right by referring to the honor and the reputation of the person. Any prejudice brought to the right to dignity makes the victim feel moral (psychic) suffering and expose her to the risk of exclusion from the social, professional and family sphere. Our study presents an examination of the jurisprudence of the Romanian courts in order to outline trends and guidelines in the matter of the right to dignity.

DREPTUL LA VIAŢĂ PRIVATĂ. CONTURAREA UNOR NOŢIUNI CA URMARE A JURISPRUDENŢEI C.E.D.O. ŞI C.J.U.E.

DREPTUL LA VIAŢĂ PRIVATĂ. CONTURAREA UNOR NOŢIUNI CA URMARE A JURISPRUDENŢEI C.E.D.O. ŞI C.J.U.E.
(Right to Private Life. Shaping of Notions Following the Jurisprudence of C.E.D.O. and C.J.U.E)

Author(s):Adrian-Milutin Truichici, Luiza Neagu
Language:Romanian
Subject(s):Civil Law
Page Range:64-68
No. of Pages:5
Keywords:Private life; rights of personality; right to free expression; subject of public interest; moral prejudice;
Summary/Abstract:The concepts of "private life" and "subject of public interest" are syntagms frequently encountered in the case law of C.E.D.O. and C.J.U.E., with European courts offering practically a loosening, an implementation of these notions. Subsequently, these important decisions in the field of non-patrimonial rights protection constituted starting points for the Romanian legislator. In the Old Romanian Civil Code, non-patrimonial rights were not regulated, although in the case law of C.E.D.O. and C.J.U.E. they were present and of great interest. To meet the needs of a dynamic society, the Romanian legislature brought a novelty element in the New Civil Code, which entered into force on 1 October 2011, regulating for the first time the rights of personality. Article 58 of the New Civil Code explicitly enshrines, for the first time in Romanian law, the rights of personality. This novelty is the clear proof that jurisprudence directly influences the right. Thus, the present law represents, in particular cases, the example of the rights of personality, a creation of the judge, later legalized.

MANIFESTĂRI JURISPRUDENŢIALE ACTUALE ÎN APLICAREA PRINCIPIULUI AUTONOMIEI DE VOINŢĂ

MANIFESTĂRI JURISPRUDENŢIALE ACTUALE ÎN APLICAREA PRINCIPIULUI AUTONOMIEI DE VOINŢĂ
(Actual Jurisprudential Manifestations in The Application of Volition Autonomy Principle)

Author(s):Andreea Mariana Sima
Language:Romanian
Subject(s):Civil Law
Page Range:69-72
No. of Pages:4
Keywords:jurisprudence; evolution; autonomy of will; timeliness; source of law;
Summary/Abstract:The legislative instability facing the current Romanian law system has led to a series of continuing challenges in the application of the rule of law, so that jurisprudence created around new legal institutions has gained new valences, especially for law practitioners who feel obliged to pave the way and procedure of applying new legal provisions.Against this background, jurisprudence, a secondary source of law that has entered into obscurity, has regained its vitality and redefined a means of guiding the legal visions in the current legislative cobweb.Reaffirmation of case law as a source of law does not occur at random, but it is also supported by a technological factor that has facilitated access to information, nowadays access to decisions made by national and international courts being much easier and, consequently, the spreading of the way in which legal texts are applied or interpreted.In addition, as the Romanian state has been in a long transition period, through the prerogative of interpreting legal norms, judicial practice has succeeded in making possible the symbiosis between the new social realities and some unchanged legal provisions.

LIPSA CARACTERULUI CERT AL CREANȚEI CUPRINSE ÎNTR-O CLAUZĂ PENALĂ DINTR-UN ACT AUTENTIFICAT DE NOTARUL PUBLIC

LIPSA CARACTERULUI CERT AL CREANȚEI CUPRINSE ÎNTR-O CLAUZĂ PENALĂ DINTR-UN ACT AUTENTIFICAT DE NOTARUL PUBLIC
(The Lack of Certain Character of the Debt Included in a Criminal Clause in an Act Authorized by the Public Notary)

Author(s):Vlad-Victor Ochea
Language:Romanian
Subject(s):Civil Law
Page Range:73-75
No. of Pages:3
Keywords:right of claim; certainty of a claim; document authenticated by a notary public; enforceable title; penalty clause and earnest clause;
Summary/Abstract:This study aims to demonstrate that the claim to an amount of money agreed upon via a penalty clause inserted in a document authenticated by a notary public lacks its certainty and that document is not enforceable. The analysis starts from the provisions of art. 638 par. (1) pt. 2, art. 639 par. (1), art. 632 par. (1) and art. 663 of the Romanian Civil Procedure Code and from those of art. 101 par. (1) of the Law on notary public and notary public activity no. 36/1995 and from the jurisprudence, which revealed this legal thesis. The certainty of the claim does not exist, because it was not previously settled via a ruling of the court of justice that the conditions of the contractual civil liability were fulfilled – the unjustified or wrongful non-performance of an obligation, notice of default and the damage. Only the fulfilment of these conditions gives way to the indemnification for damages, including by use of the penalty clause. The same applies to the earnest clause, when it serves as a penalty.

APLICAREA DE CĂTRE INSTANȚELE JUDECĂTOREȘTI A MĂSURILOR DE RESTITUIRE ÎN NATURĂ ȘI A MĂSURILOR REPARATORII REFERITOR LA IMOBILELE PRELUATE ABUZIV DE LA ACADEMIA ROMÂNĂ

APLICAREA DE CĂTRE INSTANȚELE JUDECĂTOREȘTI A MĂSURILOR DE RESTITUIRE ÎN NATURĂ ȘI A MĂSURILOR REPARATORII REFERITOR LA IMOBILELE PRELUATE ABUZIV DE LA ACADEMIA ROMÂNĂ
(The Application by The Judicial Institutions of the Reimbursement Measures in Nature and The Repair Measures Concerning the Assets Taken Abusively From The Romanian Academy)

Author(s):Dumitru Dinu
Language:Romanian
Subject(s):Civil Law
Page Range:76-81
No. of Pages:6
Keywords:Romanian Academy; recovery of real property - buildings and lands; application of land fund laws; application of law on restitution of some of the real assets abusively taken over; manner of applicati
Summary/Abstract:By the Decision of the Council of Ministers no. 1486 of 08 November 1948, published in the Official Gazette no. 260 of 08 November 1948, the Romanian Academy was abusively dispossessed of 71 urban assets, lands and buildings, 30 rural, agricultural and forest assets, 31 assets not taken possession by the Academy of the People’s Republic of Romania, other important deeds and securities. The long and difficult process of recovery of some of these assets began, for the real property represented by lands on the basis of Law no. 18/1991, Law no. 169/1997, Law no. 1/2000, Law no. 247/2005 and, for the real property represented by lands and buildings, on the basis of Law no. 10/2001, amended by Law no. 165/2013, as well as on the basis of Law no. 752/2001, supplemented by Law no. 564/2004. The major difficulties faced by the Romanian Academy in recovering, at least partially, its real patrimony, were caused by the application by the courts of law of the provisions of Art. 31 para. 1 and of Art. 33 para. 2 of the Government Emergency Ordinance no. 80/2013, in visible antimony with the incidence of the special norm laid down in Art. 50 para. 1 of Law no. 10/2001, which norm derogates from the common law provisions in the matter of the duty stamp, as well as by the discretionary application of the provisions of Art. 1 paras. 1 and 2, Art. 4, Art. 5, Art. 6, Art. 7 para. 1, Art. 8 paras. 1 and 2 item a), Art. 32 of Law no. 65/2013 by the Local Land Fund Commissions.

RĂSPUNDEREA CIVILĂ PENTRU DAUNE MORALE ÎN REGLEMENTAREA ACTUALULUI COD CIVIL

RĂSPUNDEREA CIVILĂ PENTRU DAUNE MORALE ÎN REGLEMENTAREA ACTUALULUI COD CIVIL
(Civil Liability for Moral Damage in The Actual Civil Code)

Author(s):Laura Manea
Language:Romanian
Subject(s):Civil Law
Page Range:82-87
No. of Pages:6
Keywords:moral damages; tort liability;
Summary/Abstract:Legal institution with a leading role in affirming and maintaining social order, from the ancient society to this date, civil liability is a form of legal liability, consisting in a legal obligation under which a person is obliged to repair the damage caused to another person through the action or inaction or, in the cases provided by law, the damage of which a causal relation is established. Moral or non-patrimonial damages are the object of civil liability in tort field since Roman law, by the so-called "private offenses", continuing in the same regime also in the medieval law, a period of time when the offences were combined with sins, reparation of non-pecuniary damage along with patrimonial damage, in some cases, be subject to all civil tort liability. What differentiates in time the liability for moral damages, having its origin in the principle of law which is at the basis of the obligational relation, is the nature of the reparation, because if in Roman law the sanction consisted in the application of a fine (actio in injuriarum), in the present the pecuniary reparation seeks to cover the psychological and/or physical discomfort caused by the illicit deed.

NATURA JURIDICĂ A CONTRACTULUI DE FURNIZARE DE SERVICII MEDICALE

NATURA JURIDICĂ A CONTRACTULUI DE FURNIZARE DE SERVICII MEDICALE
(The Juridical Nature of Supply Agreement of Medical Services)

Author(s):Laura-Valeria Malinetescu
Language:Romanian
Subject(s):Civil Law
Page Range:88-92
No. of Pages:5
Keywords:social health insurance; contracts for the provision of medical services; legal controversy; difficulty qualifying contracts; the legal nature of the contracts;
Summary/Abstract:From the inforcement of Law no. 145/1997 - the first normative act that introduced the principles of social health insurance in Romania and regulated that the relations between the health insurance houses and the providers of medical services are carried out on a contractual basis, and until the date of coming into force of the Emergency Ordinance Government no. 150/2002, the qualification of contracts for the provision of medical services was a controversial subject. Insufficient regulation left the experts and courts to appreciate the legal nature of these contractual relationships, which in time led to a non-unitary practice in the field, by framing them in different branches of law. The disputes caused by the difficulty in qualifying health care contracts have led the legislator to include the provision of medical services under the scope of civil law, which has established them as a legal institution in the field of civil law.But, of course, it is an exceptional institution of civil law, and by extension, in relation to the whole system of private law. Health insurance houses appear as legal entities governed by private law, subject at the same time to rules of public law. Thus, the specificity of the domain can not be fully claimed by private law.

PROBLEME ALE PRACTICII JUDECĂTOREȘTI PRIVIND ÎNCETAREA CONTRACTULUI DE MUNCĂ PE PARCURSUL PERIOADEI DE PROBĂ

PROBLEME ALE PRACTICII JUDECĂTOREȘTI PRIVIND ÎNCETAREA CONTRACTULUI DE MUNCĂ PE PARCURSUL PERIOADEI DE PROBĂ
(Problems of Judicial Practice on Termination of Labor Contract During The Probationary Period)

Author(s):Raluca Dimitriu
Language:Romanian
Subject(s):Civil Law
Page Range:95-101
No. of Pages:7
Keywords:: probationary period; trainees; labour law; termination of employment; case law;
Summary/Abstract:The probationary period is a period of maximum vulnerability of the employee, when his/her contract (although already concluded) may terminate at any time by a simple written notice. But the employer's right to terminate the employment is not an absolute right; he/she will not be able to make such a decision on discriminatory criteria. Besides, the employment cannot be terminated during the period when the employee is paid for the insertion incentive, nor for six months after his/her return to work.The Romanian jurisprudence and the Court of Justice of the European Union have contributed to the development of this institution and to the setting up of protection solutions for the new worker.

CONSIDERAȚI PRIVIND UNELE DECIZII PRONUNȚATE DE ÎNALTA CURTE DE CASAȚIE ȘI JUSTIȚIE CU PRIVIRE LA RAPORTURILE DE MUNCĂ ȘI DE ASIGURĂRI SOCIALE ÎN ANUL 2018

CONSIDERAȚI PRIVIND UNELE DECIZII PRONUNȚATE DE ÎNALTA CURTE DE CASAȚIE ȘI JUSTIȚIE CU PRIVIRE LA RAPORTURILE DE MUNCĂ ȘI DE ASIGURĂRI SOCIALE ÎN ANUL 2018
(Considerations on Some Decisions Given by The High Court of Cassation and Justice on Labor Relations and Social Insurance in 2018)

Author(s):Dan Ţop, Ana Maria Alexandra Iancu
Language:Romanian
Subject(s):Civil Law
Page Range:102-107
No. of Pages:6
Keywords:decision; prior decision; court practice; appeal in the interest of law;
Summary/Abstract:In 2018 the High Court of Cassation and Justice issued 115 decisions on appeals in the interest of law or for the dissolution of legal matters, out of which 27 accepted decisions refers to the field of labor and social security, all of which are necessary to create the unitary judicial practice required in the context of different interpretations given by the courts. We consider useful a brief presentation of some of these decisions in the scientific approach of highlighting the role of jurisprudence in interpreting and enforcing the law.

JURISPRUDENȚA NEUNITARĂ A INSTANȚELOR DE JUDECATĂ ÎN LITIGIILE REFERITOARE LA DREPTURILE SALARIALE ȘI ALTE DREPTURI CONEXE. EXAMEN CRITIC

JURISPRUDENȚA NEUNITARĂ A INSTANȚELOR DE JUDECATĂ ÎN LITIGIILE REFERITOARE LA DREPTURILE SALARIALE ȘI ALTE DREPTURI CONEXE. EXAMEN CRITIC
(Non Unitary Jurisprudence of The Courts in Disputes Relating to Salary Rights and Other Related Rights. Critical Examination)

Author(s):Viorel Tatu
Language:Romanian
Subject(s):Civil Law
Page Range:108-115
No. of Pages:8
Keywords:salary rights; special status; neuropsychological risk; ranking coefficients; loyalty benefit;
Summary/Abstract:The article aims to reveal key aspects related to non-unified case law of judicial courts concerning the disputes over the salary rights and other related rights. It examines the legislation after the financial crisis from 2009, offering relevant decisions of the courts mainly regarding the structures of the Ministry of Home Affairs which were obliged to calculate and grant the increase for neuropsychological risk and overburden for the judicial police officers and officers, respectively to calculate and pay the loyalty bonus for civil servants with special status.Taking into consideration that there are foreseen controversial case law decisions which are likely to be differently interpreted, it is highlighted the necessity of preliminary decisions or appeal in the interest of the law in order to clarify these issues related to salary rights.

ROLUL JURISPRUDENȚEI EUROPENE ÎN MATERIE DE NEDISCRIMINARE

ROLUL JURISPRUDENȚEI EUROPENE ÎN MATERIE DE NEDISCRIMINARE
(The Role of European Jurisprudence in Case of Non – discrimination)

Author(s):Dragoş Lucian Rădulescu
Language:Romanian
Subject(s):Civil Law
Page Range:116-120
No. of Pages:5
Keywords:discrimination; jurisprudence; criteria; European courts;
Summary/Abstract:The internationalization of law has not only led to the transposition of some non-discrimination provisions from European law into national law, but also of the interpretations of case-law from the European Courts of Justice.The role of the European Courts' case-law can be inferred from the general context in which the analysis of legal relationships between perpetrators and victims requires the definition of non-discrimination concepts that were either not introduced in a similar manner into national law or they were excluded on the grounds of social or political issues in the respective States.In this context, we can see that European case-law plays a decisive role in the interpretation of discriminatory conduct by national courts, not only in the case of practices which differentiate similar situations with the effect of restricting or abolishing the recognition, use or exercise of rights and fundamental freedoms of certain individuals, but also of the practices pertaining to the application of the same rights for those in different situations.The article details issues concerning the role of case-law in the interpretation of discrimination acts, the applicable conditions, victims' rights to bring proceedings in court, as well as the possible reference to the provisions of the international legislation in the field.

SCURT EXAMEN (PARȚIAL CRITIC) ASUPRA JURISPRUDENȚEI ÎNALTEI CURȚI DE CASAȚIE ȘI JUSTIȚIE – COMPLETURI PENTRU DEZLEGAREA UNOR CHESTIUNI DE DREPT ÎN MATERIA EXECUTĂRII SILITE

SCURT EXAMEN (PARȚIAL CRITIC) ASUPRA JURISPRUDENȚEI ÎNALTEI CURȚI DE CASAȚIE ȘI JUSTIȚIE – COMPLETURI PENTRU DEZLEGAREA UNOR CHESTIUNI DE DREPT ÎN MATERIA EXECUTĂRII SILITE
(Brief Examination (Partially Critic) on Jurisprudence of High Court of Casstion and Justice - Panels for Solving of Right Matters in The Matter of Enforcement Proceedings)

Author(s):Nicolae Horia Țiț
Language:Romanian
Subject(s):Civil Law
Page Range:121-130
No. of Pages:10
Keywords:resolution of points of law; enforcement; bailiff; claim; enforceable title;
Summary/Abstract:The article looks into the judgments rendered by the High Court of Cassation and Justice - panels for the resolution of points of law in the matter of enforcement, which are published in the Official Gazette until 15 March, 2019. In this respect, solely the judgments admitting the referrals made by the courts are taken into consideration. Thus, enforcement issues regarding the competence of the enforcement body, the classification of court charges as primary obligation in the enforcement title and the possibility to update such charges in the context of enforcement, the enforceability of the mortgage agreement, the enforcement rendering of the promissory note, the conventional representation of the legal entity for filing the enforcement request, the effects of deeming as unconstitutional the provisions of art. 666 para. (2) of the Civil Procedure Code, in the form prior to the amendments brought by G.E.O. no. 1/2016, the amounts that may be subject to garnishment, the enforcement procedure of the obligations to do or refrain from doing that are intuitu personae.

ROLUL JURISPRUDENȚEI CURȚII CONSTITUȚIONALE ȘI A JURISPRUDENȚEI INSTANȚELOR JUDECĂTOREȘTI ÎN REGLEMENTAREA INSOLVENȚEI PROFESIONIȘTILOR

ROLUL JURISPRUDENȚEI CURȚII CONSTITUȚIONALE ȘI A JURISPRUDENȚEI INSTANȚELOR JUDECĂTOREȘTI ÎN REGLEMENTAREA INSOLVENȚEI PROFESIONIȘTILOR
(The Role of The Constitutional Court Jurisprudence and Jurisdudence of The Common Courts in Regulation of The Insolvency of Professionals)

Author(s):Nicoleta Țăndăreanu
Language:Romanian
Subject(s):Civil Law
Page Range:131-136
No. of Pages:6
Keywords:insolvency regulation; the role of the jurisprudence of the Constitutional Court; the role of the jurisprudence of the courts;
Summary/Abstract:Law no.85/2014 on insolvency and insolvency prevention procedures, generally named by theoreticians of ”Insolvency code”, as it sought to reunite, in a unitary conception, all existing insolvency regulations and insolvency prevention procedures, was grounded on social desiderata present and perspective, and on the case-law of the Constitutional Court and the courts.According to the jurisprudence of Constitutional Court, insolvency regulation is in the area of the primary law-the Parliament, the establishment of special procedures, taking into account the specificity of the procedure, can not be regarded as affecting the right of defense or the right to a fair trial, conditional upon the existence of excessive, objectively or rationally unreasonable requirements, which violate the provisions of art. 53 of the Constitution and regulation must comply with constitutional requirements on the quality of law (clarity, precision and predictability in terms of effective access to justice).The jurisprudence of the courts, including those issued by the High Court of Cassation and Justice in the framework of the unification mechanisms, determine the lawmaking in the sense of the realities established by the judicial practice, in agreement with other applicable normative acts.

ROLUL ȘI IMPORTANȚA CATEGORIILOR DE DREPT PROCESUAL CIVIL

ROLUL ȘI IMPORTANȚA CATEGORIILOR DE DREPT PROCESUAL CIVIL
(Role and Importance of Categories in The Civil Procedure)

Author(s):Ionuț Nefliu
Language:Romanian
Subject(s):Civil Law
Page Range:137-140
No. of Pages:4
Keywords:categories; legal experience; civil jurisdiction; civil action; trial subjects;
Summary/Abstract:Categorial concepts must be understood as classification criteria, as forms and general determinations that allow us to think things, as reading keys of reality. Our paperwork doesn’t regard, possibly, the replacement of old categories by the new ones in the contradictorial context of globalisation, but in order to exemplify we’ll examine 3 definitional (general) categories of civil trial law, namely jurisdiction, civil action, and trial subjects.

IMPORTANȚA PREDICTIBILITĂȚII ÎN ARBITRAJ

IMPORTANȚA PREDICTIBILITĂȚII ÎN ARBITRAJ
(The importance of Predictibility in Arbitration)

Author(s):Cristina Florescu
Language:Romanian
Subject(s):Civil Law
Page Range:141-146
No. of Pages:6
Keywords:predictability; arbitration; arbitral proceedings; efficiency;
Summary/Abstract:Legitimate predictability is an essential aspect that includes the stability of substantive and procedural law, and in arbitration it also appears to be indispensable for ensuring trust in this alternative method to state justice, full transparency and accountability of the act of justice.Predictability, transparency, efficiency and flexibility are the hottest topics, being in constant debate over the last five years at international level and testing the capacity of the arbitration system, for which it is looking for viable and compliant solutions. The fulfillment of these requirements is also considered to have a significant role in ensuring the recourse of those interested to arbitration. In order to strengthen and enhance trust in arbitration, effective mechanisms are needed to remove vulnerability to these notions and to implement the most appropriate instruments to attract parties to make more frequent and consistent use of arbitration.There is a significant difference between procedural predictability, which refers to the way in which the procedure is managed and conducted, and the material or substantial predictability that concerns the outcome of a case. The paper aims to briefly inventory the shortcomings and issues of the road to predictability in arbitration that is closely related to the development of arbitration in general by aligning itself with current trends and to try to propose some measures to achieve this goal.

ADUNAREA GENERALĂ A ASOCIAȚILOR - EVOLUȚIE JURISPRUDENȚIALĂ

ADUNAREA GENERALĂ A ASOCIAȚILOR - EVOLUȚIE JURISPRUDENȚIALĂ
(General Assembly Associations. The Evolution of Jurisprudence)

Author(s):Dragoș-Mihail Daghie
Language:Romanian
Subject(s):Civil Law
Page Range:141-151
No. of Pages:5
Keywords:general meeting; shareholders; case-law;
Summary/Abstract:Relatively recent legislative changes in the field of private law have resulted both in changes in commercial law, and in adjustments of the judicial practice on such corporate matters.The entry into force of the new Civil Code has determined the repeal of the Commercial Code and the amendment of Company Law No 31/1990. Furthermore, the 2011 Civil Code has included somewhat atypical provisions for the relationships between private parties, which represent a forced perspective aiming at unifying and levelling all corporate relationships under private law.Thus, in line with the monistic principle applied in the early days of the new Civil Code, there are currently articles which deal with the general meeting, bold provisions concerning private parties, which as it can be easily noted, have been taken from commercial regulations – Commercial Code and Law No 31/1990.From an evolving point of view, the 1887 Commercial Code included, under Articles 77 to 220, provisions regarding companies, while Articles 156 to 165 particularly dealt with the general meetings of partnerships limited by shares and public limited companies.The provisions of the Commercial Code were repealed by Law No 31/1990, which, in its initial form, regulated, under Article 110 and the following articles, the meetings of joint-stock companies, while also including special provisions depending on each type of company.

IMPACTUL JURISPRUDENȚEI LIMITATE ASUPRA FIDUCIEI ÎN DREPTUL ROMÂN

IMPACTUL JURISPRUDENȚEI LIMITATE ASUPRA FIDUCIEI ÎN DREPTUL ROMÂN
(The Impact of Limited Jurisprudence on Fiducia in Romanian Law)

Author(s):Günay Duagi
Language:Romanian
Subject(s):Civil Law
Page Range:152-157
No. of Pages:6
Keywords:: fiduciary case law; limited fiduciary practice; fiduciary impact; fiduciary contract; fiduciary;
Summary/Abstract:At a preliminary and superficial look, an external observer could find with surprise the limited jurisprudence on fiducia in Romania, although this institution was introduced into the new Romanian law by the new Civil Code which has been in force for over 8 years. However, at a closer and informed look, the reasons underlying this seeming lack of conflict in the fiduciary field will be revealed. A reason for the limited case law in Romania is that the very practice and use of this institution, although rising, is still low, according to the records of the National Register for Movable Securities. Another important reason is that in the case of fiduciary contracts that are ongoing they have not reached the "maturity" necessary to turning into litigation, the parties being still in the accumulation phase because of the novelty of this institution and its practical effects on medium and long term. Also, the relationship of trust that fiducia should inspire due to the importance of the operations that take place under its authority, as well as the qualification that the fiduciary must have, are also relevant. Regarding the impact of this limited case law on the fiducia, we consider that this leads to both benefits (potential beneficiaries gaining confidence that it is not a dispute generating contract) and disadvantages for this institution (practitioners do not have information on settling such litigation and therefore may be reluctant to use them in practice).

UNELE CONSIDERAȚII PRIVIND REGIMUL JURIDIC AL TRUSTULUI ȘI AL FIDUCIEI

UNELE CONSIDERAȚII PRIVIND REGIMUL JURIDIC AL TRUSTULUI ȘI AL FIDUCIEI
(Considerations on The Legal Framework of Trust and Fiducia)

Author(s):Laura Magdalena Trocan
Language:Romanian
Subject(s):Civil Law
Page Range:158-164
No. of Pages:7
Keywords:trust; fiducia; fiduciary contract; common-law; assets; patrimony;
Summary/Abstract:The Anglo-Saxon Law, the common-law, differs from the continental law through a series of legal institutions of which the best known is the trust. The Romanian Civil Code, which entered into force on 1 October 2011, with the reform of the unification of private law, introduced unregulated institutions until that date, among which a special place is the fiducia, a legal institution, which, although having its origins in Roman law, was taken over in the continental law by the adaptation of the trust, imposing itself as a necessity, as a result of the development of international trade and affairs. Although the foundations of the trust lie in the matter of fiducia, however, the fact that the two legal institutions belong to different legal systems highlights the existence of substantive differences, which outlines a distinct legal profile, for this reason, in the following, we are proposing a short presentation of the most relevant aspects of the legal regime specific to the two institutions in question.

JURISPRUDENȚA - RESURSĂ MAJORĂ A DIMENSIUNII PRACTICE A FILOSOFIEI DREPTULUI

JURISPRUDENȚA - RESURSĂ MAJORĂ A DIMENSIUNII PRACTICE A FILOSOFIEI DREPTULUI
(Jurisprudence - Major Resource of The Practical Dimension of The Philosophy of Law)

Author(s):Ion Craiovan
Language:Romanian
Subject(s):Philosophy of Law
Page Range:167-171
No. of Pages:5
Keywords:philosophy of law; legal doctrine; legal practice; jurisprudence;
Summary/Abstract:From a philosophy of law perspective, the understanding of jurisprudence is marked by the concepts of practical philosophy, the type of rationality assumed, the approach to pragmatic rationalism and its relations in the field of knowledge. The conceptual analysis of jurisprudence is not without difficulty. In the Anglo-Saxon family the term jurisprudence is kaleidoscopic, it brings together philosophy, theory, practice of law, somewhat similar to that of legal knowledge. In the Roman-German family of law, his meaning has gradually narrowed to the case law of the courts. The significance of jurisprudence for legal thinking can not be broken by contexts, by the integrative approach of legal knowledge. At present, both in Romania and in the global society jurisprudence records spectacular mutations. Their knowledge marks decisively the conception, interpretation and realization of the juridical action, the realization of the finalities of the law.

JURISPRUDENȚA–IZVOR DE DREPT

JURISPRUDENȚA–IZVOR DE DREPT
(Jurisprudence. Source of Law)

Author(s):Mihai Bădescu
Language:Romanian
Subject(s):Sociology of Law
Page Range:172-178
No. of Pages:7
Keywords:judicial practice; source of law; legislator; rule of law; court order;
Summary/Abstract:All the ways of expressing the content of the right are known in the literature as the sources or sources of law, with two concepts of the concept of the source of law, namely: a source of law in a material sense also known as a material or realr source; and a source of law in formal or formal form. Judicial practice or jurisprudence is one of the formal sources of law. This is defined as the set of judgments delivered by courts of all grades, including the practical experience of the law enforcement bodies applying the right to concrete cases.Being precursor to the law as a source of law, jurisprudence did not play the same role in law systems, its role and purpose being differentiated from one historical period to another, from one system of law to another. Thus, we will briefly discuss some aspects specific to jurisprudence in contemporary law, in Roman-German law, in the Anglo-Saxon, insisting little more on the Romanian judicial practice, on those exceptional situations provided by the Constitution and other laws that urge reconsideration of judicial practice as a source of law.

UNELE ASPECTE METODOLOGICE ALE PRACTICII RECENTE A CURŢII CONSTITUŢIONALE A ROMÂNIEI

UNELE ASPECTE METODOLOGICE ALE PRACTICII RECENTE A CURŢII CONSTITUŢIONALE A ROMÂNIEI
(Some Methodological Aspects of The Romanian Constitutional Court’s Recent Practice)

Author(s):Marius Balan
Language:Romanian
Subject(s):Constitutional Law
Page Range:179-184
No. of Pages:6
Keywords:Constitutional justice; legal conflict of constitutional nature; legal methodology; logical fallacies; ignoratio elenchi;
Summary/Abstract:In interpreting fundamental laws, methodological issues become inevitably constitutional issues. The unconditional deference to constitutional courts’ decisions constitutes the focal point in the legal architecture of any state following the principles of the rule of law. Such deference can be eroded not only by reluctant or hostile attitude of the political actors, but also by constitutional justices’ inability or lack of interest for the methodological aspects in underpinning their decisions. The critical assessment of the recent practice of the Romanian Constitutional Court was undertaken in the majority of cases in regard to the outcome – agreeable or not – and seldom considering the logical coherence of the reasoning. This paper examines one of the recent – and politically charged – decisions of the Romanian Constitutional Court (decision no. 358/2018), without considering extensively the fairness of its outcome, but by focusing on the methods used by the constitutional justices in substantiating their relevant arguments.

DREPTUL LA CULTURĂ ŞI IMPORTANŢA LUI FUNDAMENTALĂ ÎN PROTECŢIA JURIDICĂ A PATRIMONIULUI CULTURAL

DREPTUL LA CULTURĂ ŞI IMPORTANŢA LUI FUNDAMENTALĂ ÎN PROTECŢIA JURIDICĂ A PATRIMONIULUI CULTURAL
(The Right to Culture and its Fundamental Importance in The Legal Protection of The Cultural Heritage)

Author(s):Sorin Ivan
Language:Romanian
Subject(s):Sociology of Law
Page Range:185-189
No. of Pages:5
Keywords:right to culture; fundamental rights; regulation; cultural heritage; legal protection;
Summary/Abstract:One of the fundamental human rights is the right to culture, enshrined in international documents, in regional legal instruments, in the EU legislation and in national laws. The right to culture includes the right of everyone to have access to culture, to participate in cultural activities and to benefit from its results. The right to culture, culture being viewed in its vast diversity, is a fundamental means of education and spiritual edification of the individual and affirmation of his identity. However, the regulation of this right as a whole, at international level, in the European Union and in the national legal systems, is fragmented and unequal by the disparate nature of the provisions and the status of the legal acts that contain it. Structured from all these provisions, the right to culture is a distinct legal reality within the framework of the fundamental rights and freedoms, which attests to the importance of culture in today’s world. The right to culture is the premise and foundation of the legal protection of cultural heritage at a universal, European and national level.

CONSIDERAȚII PRIVIND ROLUL JURISPRUDENȚEI CA INSTRUMENT DE EXPRIMARE ȘI DISEMINARE A CULTURII JURIDICE ÎN SISTEMUL DREPTULUI ROMÂN/

CONSIDERAȚII PRIVIND ROLUL JURISPRUDENȚEI CA INSTRUMENT DE EXPRIMARE ȘI DISEMINARE A CULTURII JURIDICE ÎN SISTEMUL DREPTULUI ROMÂN/
(Considerations Regarding the Role of Jurisprudence as an Instrument of Expression and Dissemination of Legal Culture in The Romanian System of Law)

Author(s):Claudiu Ramon Butculescu
Language:Romanian
Subject(s):Sociology of Law
Page Range:190-197
No. of Pages:8
Keywords:legal culture; jurisprudence; source of law; legal theory; normative system;
Summary/Abstract:This paper synthetically addresses certain issues regarding the interaction between jurisprudence, seen as a sub-system integrated within the system of the sources of law and legal culture, seen a sub-system integrated into the normative social system. In legal theory, jurisprudence is categorized as a source of law. In some systems of law, it is considered a principal source of law, while in others we find it as a secondary source of law. Its role as a source of law becomes more and more important in the actual context of European Law, which embodies both characteristics of continental law and common-law. Through jurisprudence, certain aspects of the law that are lacunary or ambiguous are clarified, although jurisprudence represents itself an instrument of expression and dissemination of legal culture. Legal culture represents an essential concept of law in its own right, pertaining to legal theory, although it has not completely defined neither in Romanian specialized literature, nor in foreign literature. The purpose of this study is to answer to the following question: are there any relevant relations or interactions between legal culture and jurisprudence? If the answer to the aforementioned question is an affirmative one, the second question to which this study will try to answer is: what are the characteristics of the relations and interactions between the legal culture and jurisprudence? The analysis of the interactions between jurisprudence and legal culture could represent a starting point for studying the ways in which legal culture is expressed and disseminated in the Romanian system of law.

PARTICULARITĂȚI ALE JURISPRUDENȚEI ÎN DREPTUL ROMÂNESC CONTEMPORAN

PARTICULARITĂȚI ALE JURISPRUDENȚEI ÎN DREPTUL ROMÂNESC CONTEMPORAN
(Particularities of Jurisprudence in Romanian Contemporary Law)

Author(s):Emilian Ciongaru, Iosif Friedmann-Nicolescu
Language:Romanian
Subject(s):Sociology of Law
Page Range:198-201
No. of Pages:4
Keywords:Jurisprudence; National law; European law; Global Society;
Summary/Abstract:The particularities of jurisprudence in contemporary Romanian law determine major changes of thinking and mentality in the Romanian society. Romania, a member of the European Union, must align itself with the legal systems of the Member States, which have as their source the law, which is, in principle, a source of law. National jurisprudence, and especially European and international law, is a dynamic, efficient and effective factor in the procedures of legislative harmonization, assimilation and implementation of European and international law, and only a little optimization of contemporary domestic law.

CONTINUITATE ȘI DISCONTINUITATE ÎN JURISPRUDENȚA ROMÂNEASCĂ

CONTINUITATE ȘI DISCONTINUITATE ÎN JURISPRUDENȚA ROMÂNEASCĂ
(Continuity and Discontinuity in Romanian Jurisprudence)

Author(s):Iosif Friedmann-Nicolescu, Emilian Ciongaru
Language:Romanian
Subject(s):History of Law
Page Range:202-204
No. of Pages:3
Keywords:Continuity in national jurisprudence; Jurisprudence and evolution of political doctrines; Tradition and innovation in the evolution of major law institutions; Rule of Law;
Summary/Abstract:Romanian jurisprudence has developed unequally, alternating between tradition and innovation, between linearity and leaps from a system of national legal thinking to some moment innovations.The leaps from a dominant ideological system, to another system of ideological thinking, from tolerance to intolerance, were elements that marked the jurisprudence and implicitly the evolution of Romanian law.

REFORMA ÎN DOMENIUL JUSTIŢIEI ŞI CALITATEA ACTULUI DE JUSTIŢIE – COMPONENTE NECESARE ALE PROGRESULUI SOCIAL. ASPECTE RELEVANTE ALE CONTENCIOSULUI CONSTITUŢIONAL

REFORMA ÎN DOMENIUL JUSTIŢIEI ŞI CALITATEA ACTULUI DE JUSTIŢIE – COMPONENTE NECESARE ALE PROGRESULUI SOCIAL. ASPECTE RELEVANTE ALE CONTENCIOSULUI CONSTITUŢIONAL
(Justice Reform and Quality of The Act of Justice – Necessary Components of The Social Progress. Comments on Relevant Constitutional Litigation)

Author(s):Simona-Maya Teodoroiu, Ioniţa Cochinţu
Language:Romanian
Subject(s):Constitutional Law
Page Range:205-210
No. of Pages:6
Keywords:judicial power; justice reform; legal grounds for the functional and personal independence of magistrates; constitutional litigation on status of magistrates and relative aspects;
Summary/Abstract:The constitutional democracy means, inter alia, that the State is organized according to the principle of separation and balance of powers − legislative, executive and judicial. Also, the legislator, through the approval and enforcement of the normative acts shall take into account the main rule of law’ principles, including (but not limited to): the legality principle, as stated in the Constitution; the principle of free access to justice; the non-retroactivity of the normative provisions’ principle (with its exceptions); the principle of equality, the principle of preeminence of international and European treaties.The problem of the independence of justice must be analyzed at least under two approaches: a functional approach and a personal/subjective one. Regarding the functional independence, it requires, on one hand, that the judiciary bodies do not belong to the executive or legislative, and, on the other hand, that the courts are independent in the exercise of their functions and they are not subject to interferences from the legislative power, the executive power or individuals. As for the other approach of the independence of judges – their personal, individual independence, it may be noticed that it is linked to their legal Statute and status. Mainly, the criteria for evaluating and ranking the personal independence are the following: the recruitment of judges, the length of the appointment, the removal from office, the collegiality, the legal provisions establishing their salaries, the freedom of expression of judges and their right to set up professional organizations (in order to defend their professional interests), the incompatibilities, the interdictions, the continuous training and last but not the least the responsibility of judges.The inherent principle of separation of powers provides the judges the freedom to settle, only under the law, the cases with which they are vested, having the significance of the fact that judges cannot be subject to any interference from the other public authorities. Also, it includes both the obligation of judges to solve the cases only under the law, and on the other hand, the obligation of all the public authorities to refrain from any interference in the judicial activity. All the above mentioned aspects are reflected in substantial and relevant jurisprudence of the Constitutional Court of Romania, mainly pronounced in a priori control of constitutionality, examined with this occasion.Meanwhile, the legislator(the Parliament and the Government) shall accomplish its main constitutional duties in order to implement the necessary balance between the independence and the responsibility of judges, with the observance of the constitutional provisions in this field, and of the commitments assumed by Romania through the European and International treaties to which it is a party, as the separation of powers does not mean the lack of control mechanisms and tools between State powers and authorities, on contrary it involves the existence of a mutual control, as well as balance between the exercise of their duties.

ROLUL JURISPRUDENŢEI REFERITOARE LA APLICAREA PRINCIPIULUI CONSTITUŢIONAL AL EGALITĂŢII ÎN DREPTURI ÎN DEZVOLTAREA NOULUI DREPT ROMÂN

ROLUL JURISPRUDENŢEI REFERITOARE LA APLICAREA PRINCIPIULUI CONSTITUŢIONAL AL EGALITĂŢII ÎN DREPTURI ÎN DEZVOLTAREA NOULUI DREPT ROMÂN
(The Role of Jurisprudence Regarding The Application of The Constitutional Principle of Equal Rights in The Development of The New Romanian Law)

Author(s):Nicolae Pavel
Language:Romanian
Subject(s):Constitutional Law
Page Range:211-214
No. of Pages:4
Keywords:equality of rights; Romanian constitutions; doctrinal references; Constitutional Court decisions;
Summary/Abstract:This study has the following title: Role of jurisprudence on the application of the constitutional principle of equality of rights in the development of the new Romanian law.Using a Key Scheme, the following parts of the study are analyzed successively: 1. Preamble. 2. Identification of constitutional regulations regarding the constitutional principle of equal rights in the Romanian constitutional system - selective aspects. 3. Romanian Doctrinal References on the Constitutional Principle of Equality in Rights. 4. Judicial references regarding the application of the constitutional principle of equality of rights in the decisions of the Constitutional Court of Romania. 5. Conclusions.

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JURISPRUDENȚA CONSTITUȚIONALĂ - FACTOR DE STABILITATE ȘI SECURITATE JURIDICĂ

JURISPRUDENȚA CONSTITUȚIONALĂ - FACTOR DE STABILITATE ȘI SECURITATE JURIDICĂ
(Constitutional Jurisprudence - Factor of Stability and Legal Security)

Author(s):Florina Mitrofan
Language:Romanian
Subject(s):Constitutional Law
Page Range:215-219
No. of Pages:5
Keywords:constitutional justice; supremacy; stability; judicial security; compulsoriness;
Summary/Abstract:The current study examines the characteristics of the documents issued by the Constitutional Court, mainly of the decisions which ascertained the non-constitutionality of certain legal provisions or Government ordinances.Starting from the mandatory feature of the decisions of the court for administrative contentious, one could ask the question if and under what conditions could such jurisdictional acts be executed if the authorities do not align these provisions with the constitutional statements.Another aspect to be analyzed shall take into consideration the cases in which the legal provisions for which the court of administrative contentious has been notified to solve the exception for non-constitutionality, have been modified or repealed after invoking the exception.The jurisdiction of the Constitutional Court mentions definitions, features and effects regarding certain legal institutions, thus emphasizing important general principles, such as those referring to the equality of citizens in front of the law and the judicial security of the justice seekers.

CONTRIBUŢII ALE JURISPRUDENŢEI LA DEZVOLTAREA CONTROLULUI DE CONSTITUŢIONALITATE AL LEGILOR ÎN ROMÂNIA

CONTRIBUŢII ALE JURISPRUDENŢEI LA DEZVOLTAREA CONTROLULUI DE CONSTITUŢIONALITATE AL LEGILOR ÎN ROMÂNIA
(Contributions of Jurisprudence to The Development of The Constitutionality Review of Laws in Romania)

Author(s):Marius Andreescu
Language:Romanian
Subject(s):Constitutional Law
Page Range:220-226
No. of Pages:7
Keywords:The emergence of constitutional control of laws in Romania; jurisprudential reasoning;the interpretation of the Constitution by jurisprudence;the role of jurisprudence in the caliberation and developm
Summary/Abstract:For the Romanian legal system the jurisprudence does not have the quality of a formal source of law. Nevertheless, a legal reality, viewed from a historical perspective, has demonstrated the essential role of judicial practice in interpreting and enforcing the law, in constructing argumentative practices, in clarifying the will of the legislator, and in discovering the less obvious meanings of legal norms and, last but not least, in unifying thought and legal practice. Therefore jurisprudence, along with doctrine, is an important component of the Romanian legal system.Based on these considerations, in this study we intend to highlight some aspects of constitutional jurisprudence. We underline its contribution to the constitutional review of laws in Romania. Under the Constitution of 1866, which did not regulate institutionally such a control, the courts have assumed this competence by interpreting the law and by way of jurisprudence.There are presented and analyzed important aspects of the Constitutional Court jurisprudence and of the courts in the development of constitutional control in our country. We support the idea that jurisprudence currently has an important role to play in the interpretation of constitutional norms, including the deepening of forms of constitutional control

DREPT RAȚIONAL, DREPT POZITIV ȘI JURISPRUDENȚĂ ÎN DOCTRINA JURIDICĂ

DREPT RAȚIONAL, DREPT POZITIV ȘI JURISPRUDENȚĂ ÎN DOCTRINA JURIDICĂ
(Rational Law, Positive Law and Jurisprudence in Legal Doctrine)

Author(s):Viorel Miulescu
Language:Romanian
Subject(s):Philosophy of Law
Page Range:227-231
No. of Pages:5
Keywords:juridical phenomenon; juridical action; rational law; positive law; jurisprudence;
Summary/Abstract:The juridical phenomenon also takes place with people having a conscious and voluntary activity. But this activity doesn’t occur against what is rational and natural in human activity. Therefore, the juridical phenomenon is constituted and takes place according to objective laws, which we can discover by looking for precisely what is rational and normal in the many juridical actions.

CONSIDERAȚII REFERITOARE LA RECEPTAREA ÎN DREPTUL ROMÂN A STANDARDELOR STABILITE PRIN JURISPRUDENȚA EUROPEANĂ ÎN MATERIA LIBERTĂȚII DE EXPRIMARE

CONSIDERAȚII REFERITOARE LA RECEPTAREA ÎN DREPTUL ROMÂN A STANDARDELOR STABILITE PRIN JURISPRUDENȚA EUROPEANĂ ÎN MATERIA LIBERTĂȚII DE EXPRIMARE
(Considerations Concerning The Reception in Romanian Law of Standards Established by European Jurisdiction on Freedom of Expression Matter)

Author(s):Carmen Moldovan
Language:Romanian
Subject(s):EU-Legislation
Page Range:232-238
No. of Pages:7
Keywords:expression; regulation; guarantees; interpretation;
Summary/Abstract:Freedom of expression and the permissible restrictions of its exercise are a topical issue, especially in the context of the development of communication technologies, the Internet and social networks. As a fundamental right, is considered an essential element of a democratic society, and its restriction must be an exception. The present paper does not aim at a comprehensive analysis of the issue of the protection of freedom of expression at national level, but proposes the synthesis of the coordinates of the protection of the freedom of expression at international and European level, supplemented with brief comments on the national legal framework. In assuring the effective protection of freedom of expression and its components national authorities have the main task, based on the principle of subsidiarity therefore they have the obligation to observe and implement the principles and standards established at the international universal and European level.

PROBLEMATICA ŞTIINŢIFICĂ A BIOETICII REFLECTATĂ ÎN DOMENIUL SOCIO-JURIDIC

PROBLEMATICA ŞTIINŢIFICĂ A BIOETICII REFLECTATĂ ÎN DOMENIUL SOCIO-JURIDIC
(Scientific Problems of Bioethics Reflected in The Socio-Legal Field)

Author(s):Corina-Ramona Ioniță
Language:Romanian
Subject(s):Sociology of Law
Page Range:239-243
No. of Pages:5
Keywords:bioethics principles; biodrept; moral norms; ethics;
Summary/Abstract:Bioethics is a field that is truly a revolutionary potential in terms of contribution to modern civilization in ensuring the survival of humanity it into a new interdisciplinary scientific orientation located at the interface areas of biology, medicine, philosophy, ethics, law, sociology. The term bioethics appeared for the first time in 1971 when he published the book "Bioethics-bridge to the future" by the oncologist Van Renssalaer Potter. Potter as mentioned right on the first page of his book, bioethics must be a new discipline in to mingle with the knowledge of the biological system of human values. Bioethics as a science is based on two fundamental principles, namely: respect for life and respect individual self-determination, which means it can become a source of law (biodrept) .Biodreptul remains a necessary link between scientific research society biomedical and legal values protected by law.

JURISPRUDENȚA - FACTOR DECISIV ÎN EVOLUȚIA LEGIFERĂRII

JURISPRUDENȚA - FACTOR DECISIV ÎN EVOLUȚIA LEGIFERĂRII
(Jurisprudence - Decident Factor in The Development of Legislation)

Author(s):Mihaela Aghenitei, Jafar Samdani
Language:Romanian
Subject(s):Law and Transitional Justice
Page Range:244-247
No. of Pages:4
Keywords:lawmaking; jurisprudence; evolution; coding;
Summary/Abstract:Jurisprudence appears as a feed-back of law enforcement, in practice, being at the same time a synthetic factor, over time, a basis for further lawmaking. There can not be a legislative proposal without adequate motivation to rely on the study of the statistics of the case management modalities in the field. On the one hand, we tend to disregard jurisprudence, as it does not have the force of law except incidental, and on the other hand we use it for legislative purposes, underlying its legislation. It is interesting to approach the encoding in a state at the intersection of the two major legal systems - Kuwait, with legal codes derived from the two legal systems, as the main source of the law and opting for the laws drawn by Western and Medieval traditions while influencing Islamic, tribal customs and colonial harmony, in which personal laws and Islamic attainment are very obvious, especially in commercial laws. Its civil code is based on the legal traditions of tribal regional customs and practices from previous years, and on the other hand, the code derives from the Egyptian code, which is based on French law and has its roots, motives, principles and philosophy of the Roman Code . It was practically developed on the Egyptian model (based on French civil law) for the new legislation.

ASPECTE TEORETICE ȘI JURISPRUDENȚĂ ÎN MATERIE CANONICĂ PRIVIND PROBLEMA AUTOCEFALIEI BISERICEȘTI

ASPECTE TEORETICE ȘI JURISPRUDENȚĂ ÎN MATERIE CANONICĂ PRIVIND PROBLEMA AUTOCEFALIEI BISERICEȘTI
(Theoretical Aspects and Jurisprudence in Canonic Matter Regarding The Issue of Church Autocefaly)

Author(s):Cosmin Santi
Language:Romanian
Subject(s):Canon Law / Church Law
Page Range:248-256
No. of Pages:9
Keywords:autocephaly (self-governance); jurisprudence; canon law; Church; Orthodoxy;
Summary/Abstract:The principle of autocephaly (self-governance) is a principle with a simple legal background of a local Church’s own administrative leadership, which involves the duty of each autocephaly (self-governing) Church to preserve the unity of faith, liturgical life and canonical structure with all other Orthodox Churches, in the spirit of the apostolic and patristic tradition. By autocephaly, a church acquires all rights which secure it a fully-independent leadership in relation to all work carried out by exercising the three branches of the church power, namely: a teaching power, a sanctifying power and a jurisdictional and leading power, in line with the three fold missions of Chris the Redeemer. Self-governance manifests itself in relation to the interdependence structured by the hierarchic and synodic co-responsibility of the entire Church. Due to this, the doctrinal, canonical or liturgical aspects emerged within a self-governing Church, in the absence of a reasonable settlement at self-governing level, may be solved within the pan-orthodox synodality. The Autocephaly is expressed as the will of the whole community of Orthodox Churches and is a practical issue of administrative, juridical and canonical evolution. The method and the procedures undertaken by a local Orthodox Church throughout time, to acquire self-governance and be recognised as such, have varied, in accordance with the canonical practice and tradition of the East, as well as the church jurisprudence.

JURISPRUDENȚA – PRACTICĂ NEUNITARĂ A ART. 24 DIN LEGEA NR. 554/2004 A CONTENCIOSULUI ADMINISTRATIV

JURISPRUDENȚA – PRACTICĂ NEUNITARĂ A ART. 24 DIN LEGEA NR. 554/2004 A CONTENCIOSULUI ADMINISTRATIV
(Jurisprudence - Non-Unitarian Jurisprudence of Article 24 of Law no. 554/2004 The Administrative Contentious)

Author(s):Anca-Verginica Aldescu
Language:Romanian
Subject(s):Civil Law
Page Range:257-262
No. of Pages:6
Keywords:Art. 24 of Law no. 554/2004; non-unitary practice; the interpretation of the HCCJ; exception of unconstitutionality;
Summary/Abstract:The unitary judicial practice of the courts ensures the respect of the principle of the power of trial, but also the realization of a single interpretation to be applied to all the litigants.Instead, the contradiction between final judgments given in similar cases in respect of other parties in the same situation and the jurisprudence uncertainty is likely to reduce the confidence of the litigants in legal proceedings and is contrary to the principle of legal certainty as an essential element of the preeminence of the law.One of the legal texts that gave rise to many interpretations, reaching the use of legal instruments to provide a single case-law opinion, is art. 24 of Law no. 554/2004.This legal text continues to give rise to a non-unitary judicial practice, even though it has been the subject of both the High Court of Cassation and Justice for the purpose of ruling on issues of law, but also of the Constitutional Court . The most impressive issues raised by this text are summarized in this article.

REFLECȚII CU PRIVIRE LA DREPTUL DE PROPRIETATE PUBLICĂ AL UNIUNII EUROPENE

REFLECȚII CU PRIVIRE LA DREPTUL DE PROPRIETATE PUBLICĂ AL UNIUNII EUROPENE
(Reflections on The Public Property Law of the European Union)

Author(s):Valentin-Stelian Bădescu
Language:Romanian
Subject(s):EU-Legislation
Page Range:263-270
No. of Pages:8
Keywords:Romania; European Union; public property rights; national law; Union law;
Summary/Abstract:Traditional institution in administrative law, with constitutional significance, public property belongs exclusively to the state or territorial administrative units, the sphere of goods being determined on the basis of the criteria of public tyranny. The exercise of public property is achieved through the creation of specific real rights, listed by the Civil Code. The way in which these real rights are constituted, exerted, defended or defended are reasons why public property "must be preserved and passed on to future generations", with a view to the balanced development of society as a whole. As far as the European Union right of public ownership is concerned, it is easy for the legislator to invent, with good intentions, rights in favor of different social categories, only that the organization of the implementation of the laws that define their content and their concrete execution often the consumption of important public funds, lower than the benefits of improving the situation of those targeted by granting those rights.

FICȚIUNEA JURIDICĂ - CONȚINUT, ESENȚĂ ȘI FORMĂ ÎN DREPT

FICȚIUNEA JURIDICĂ - CONȚINUT, ESENȚĂ ȘI FORMĂ ÎN DREPT
(Legal Fiction - Content, Essence and Form in Law)

Author(s):Cristian Neacșiu
Language:Romanian
Subject(s):Philosophy of Law
Page Range:271-275
No. of Pages:5
Keywords:fiction; legal fiction; the purpose of the law; the essence of the law; the form of law;
Summary/Abstract:Fiction is an integral part of each of us. Some help or improve our existence, and others prove to be "real" obstacles or simply amuse us. Paradoxically, when these are found in law, their effect proves to be beneficial and can be considered as a means of the purpose of the law - the desideratum. This means that it is actually thought out, edited and used by law, we can not but observe the "presence" in the field of law, or, even if we observe it, we ignore it by manifesting a juridical passivity. On the contrary, we must look at them with at least one trace of interest, an interest that is the impetus needed to develop an analysis and study them, only in this way being aware of their theoretical and practical importance. Thus, in this way, they are legitimate, as the necessary "realities" of law, realities without which its instrumental instrument would suffer a loss or even a loss, and implicitly, it would no longer be able to achieve its finality.

CONSIDERAȚIUNI PRIVIND DREPTURILE OMULUI ÎN CONTEXTUL DEZVOLTĂRII TEHNOLOGIILOR INFORMAȚIONALE

CONSIDERAȚIUNI PRIVIND DREPTURILE OMULUI ÎN CONTEXTUL DEZVOLTĂRII TEHNOLOGIILOR INFORMAȚIONALE
(Considerations on Human Rights in The Context The Development of Information Technologies)

Author(s):Igor Serotila
Language:Romanian
Subject(s):Human Rights and Humanitarian Law
Page Range:276-280
No. of Pages:5
Keywords:human rights; legal systems; law evolution; development; technology;
Summary/Abstract:Against the backdrop of a technological revolution, several legal relations have been augmented by the application of emerging technologies such as artificial intelligence, robotics, nanotechnologies, biotechnologies, new compounds, autonomous cars, etc. In this context, it is important to underline that current knowledge on the effects that technology has on legal systems, especially on the protection of human rights, is limited, at times, theoretical and practical approaches are lacking. Alongside the aforementioned, technology encompasses the potential the ascension of human rights, but, at the same time, it can create particular hindrances for the effective guarantee of human rights, hindrances that affect both the person and the collective. Legal sciences have to offer solutions to the challenges, controversies and opportunities created by technology, especially to the complex and conditional interaction between human rights and technology. In respect to the aforementioned, the author provides and overview of the correlation between human rights, their effective protection and information technologies and argues the need for the evolution of law systems.

ASPECTE PRIVIND APLICAREA REGULAMENTULUI NR. 679 DIN 2016 PRIVIND PROTECȚIA DATELOR CU CARACTER PERSONAL ÎN ROMÂNIA

ASPECTE PRIVIND APLICAREA REGULAMENTULUI NR. 679 DIN 2016 PRIVIND PROTECȚIA DATELOR CU CARACTER PERSONAL ÎN ROMÂNIA
(Aspects Regarding the Application of Regulation no. 679 of 2016 on the Protection of Personal Data in Romania)

Author(s):Mihai Şandru
Language:Romanian
Subject(s):EU-Legislation
Page Range:283-292
No. of Pages:10
Keywords:Regulation 2016/679/EU; data protection; fundamental research; case law; Romania;
Summary/Abstract:The General Data Protection Regulation (GDPR) is the normative act that determines the publication of books and articles and the realization of scientific events. The present material is a state of the art in the field of personal data protection in Romania, an evaluation conducted in order to continue and open some researches elaborated both from the perspective of their purpose and the implication of the fundamental research.

ROLUL JURISPRUDENȚEI ÎN ORDINEA JURIDICĂ A UNIUNII EUROPENE

ROLUL JURISPRUDENȚEI ÎN ORDINEA JURIDICĂ A UNIUNII EUROPENE
(Role of Jurisdudence in The Legal Order of The European Union)

Author(s):Nicoleta Diaconu
Language:Romanian
Subject(s):EU-Legislation
Page Range:293-296
No. of Pages:4
Keywords:European Court of Justice; law; European Union; the Community legal order; interpreting and enforcing EU law;
Summary/Abstract:The legal order of the European Union crystallized during an evolutionary historical process, in which the Court of Justice played a particularly important role.The place and role of jurisprudence in European Union law highlights the work of the Court of Justice in achieving the evolution of the European Union's economic and political integration.The jurisprudence of the Court of Justice contributes to the uniform application of European Union rules in the national legal order of the Member States.The European Court of Justice has actively contributed to:the interpretation and uniform application of Union law;the enunciation and substantiation of fundamental human rights in the EU;substantiation of the principle of the direct applicability of European Union law; substantiating the principle of the priority of the application of European Union law.

DREPTURILE COPILULUI VS. JURISPRUDENTA CEDO

DREPTURILE COPILULUI VS. JURISPRUDENTA CEDO
(Rights of the Child vs. ECHR Jurisprudence)

Author(s):Roxana-Daniela Păun
Language:Romanian
Subject(s):Human Rights and Humanitarian Law
Page Range:297-302
No. of Pages:6
Keywords:child; child's best interests; family; personality; harmonious development;
Summary/Abstract:The child and his/her rights have been constituted and constitute landmarks that the family, local and central public authorities must govern and prioritize their present to ensure a safe and harmonious future. Beyond statements and good intentions, facts are the ones that make the difference for the future of the young generation, in a globalized society in which the cultural influences of other peoples act persuasively in all spheres of society, and even more so in the social component. The future of this nation depends on our children's present!

DEFINIȚIA INVESTIȚIEI INTERNAȚIONALE ÎN HOTĂRÂRI ARBITRALE. INSUFICIENȚA PREVEDERILOR DREPTULUI INTERN ÎN MATERIE

DEFINIȚIA INVESTIȚIEI INTERNAȚIONALE ÎN HOTĂRÂRI ARBITRALE. INSUFICIENȚA PREVEDERILOR DREPTULUI INTERN ÎN MATERIE
(Definition of International Investment in Arbitration Judgments. Insufficiency of Domestic Law Provisions in The Matter)

Author(s):Cristina Elena Popa Tache
Language:Romanian
Subject(s):International Law
Page Range:303-306
No. of Pages:4
Keywords:arbitration; foreign investment; definition of international investment; treaties;
Summary/Abstract:Jurisprudence does not give an uniform approach. Not always the eloquent practice is based on the ICSID rules, although it is worth mentioning that ICSID's work and the cases solved by this Center have covered important aspects of international investment law and, in particular, the issue of investment definition. In parallel, interpreting the typical investment definition found in BITs has prompted a number of developed and developing countries to define investments with greater clarity and detail in their international agreements. Almost all the states have their own foreign investment legislation; there are a large number of foreign normative acts regulating foreign investments, each of these documents reflecting the economic situation of each state, their attitude to capital imports, the strategies adopted for attracting, maintaining these investments and investment relations and, at the same time, promoting national policy towards foreign investment.

ASPECTE PRIVIND ROLUL JURISPRUDENȚEI INTERNAȚIONALE DE MEDIU

ASPECTE PRIVIND ROLUL JURISPRUDENȚEI INTERNAȚIONALE DE MEDIU
(Aspects of the Role of International Environmental Case Laws)

Author(s):Cristina-Monica Kassai
Language:Romanian
Subject(s):International Law
Page Range:307-311
No. of Pages:5
Keywords:environmental policy; the role of case laws; environment; impact society;
Summary/Abstract:Ecological policy has imposed itself as a factor for the renewal and diversification of political institutions, assuming the defense of general interests common to all individuals, which claimed a dynamic and specific development of the elements of representative democracy, favoring in particular collective and group interests and contributed to the renewal of direct democracy processes.Trying to make a real change for the good of the environment may seem impossible at times, given the powers at stake.The consequences of the Sierra Club v. Morton Supreme Court decision helped to establish the status of environmental organizations, thus facilitating the environmental dispute. The court's opinion did not extend this right to natural objects, but it has led courts to recognize natural rights.

O FORMĂ ATIPICĂ DE RĂSPUNDERE CIVILĂ DELICTUALĂ – RĂSPUNDEREA PENTRU DAUNELE ADUSE MEDIULUI

O FORMĂ ATIPICĂ DE RĂSPUNDERE CIVILĂ DELICTUALĂ – RĂSPUNDEREA PENTRU DAUNELE ADUSE MEDIULUI
(An Atipic Form of Civil Liability - Liability for Environmental Damage)

Author(s):Florin Octavian Barbu
Language:Romanian
Subject(s):Criminal Law
Page Range:312-315
No. of Pages:4
Keywords:environmental damage; ricochet damage; the reparation; contractual liability;
Summary/Abstract:In the case of environmental damage, the situation is much more complex, because ricochet damage is the direct and immediate consequence of direct environmental damage, which can lead to the polluter’s liability only when establishing a necessary link with the deed.The existence of environmental damage is the basis for the commitment of the polluter’s liability, regardless of his or her mental attitude towards the deed and its consequences, its direct or indirect character, to guarantee full reparation if this is possible.The extension of reparation to indirect damages has been substantiated in the legal literature by the provisions applicable in the area of contractual liability, according to which: “(...) damages should only include what is a direct and necessary consequence of the non-fulfillment of the obligation”, which lead to the possibility of a broad interpretation of the notion of indirect damage, applicable also in the field of tort liability, which is why in our legal literature it was stated that “...it gives expression to the exigency of a sufficient causal connection characterized in order to eliminate the possibility of liability, stretching to the whole chain of events that arose as a result of the damaging deed, would imply a practically indefinite liability.” As regards the incurring of tort liability, it must be pointed out that the damage must be the certain, the direct, the actual and unambiguous one, as well as for the future but sure.

CONTRIBUŢIA JURISPRUDENŢEI LA EXPLICITAREA SEMNIFICAŢIILOR ŞI AFIRMAREA PRINCIPIULUI PRECAUŢIEI

CONTRIBUŢIA JURISPRUDENŢEI LA EXPLICITAREA SEMNIFICAŢIILOR ŞI AFIRMAREA PRINCIPIULUI PRECAUŢIEI
(Contribution of Jurisprudence in Explanation of Significance and Affirming of The Principle of Precaution)

Author(s):Sorin-Constantin Păun
Language:Romanian
Subject(s):Civil Law
Page Range:316-320
No. of Pages:5
Keywords:the precautionary principle; constitutionalisation; case law of the CJEU; ECHR; environmental law; public health; food security;
Summary/Abstract:The precautionary principle has become an indisputable reference in all risk regulations. It has gone beyond the field of environmental law, showing itself as a guide to action on GMOs, consumer health and food security, and inspires all measures of health surveillance and product safety. Its various regulations and applications in many areas have generated a diverse jurisprudence at national, European and international level. It accepted that the precautionary principle must also be respected by public authorities and private undertakings in two forms: the adoption of risk assessment procedures and provisional and proportionate measures, that is to say neither definitive nor excessive oppressive. In the case law of the EU Court of Justice it was stated that the precautionary principle can be invoked to justify the need for an environmental impact assessment (CJEU, Judgment of 26 May 2011, Case C 538/09). In the case law of comparison, the solutions were different; in countries like France, starts from the establishment of the constitutionalization of the principle; in other countries, such as Romania, its legislative scope and practical-administrative applications are considered.

PRINCIPIUL SECURITĂȚII JURIDICE ÎN JURISPRUDENȚA CURȚII DE JUSTIȚIE A UNIUNII EUROPENE ȘI ROLUL ACESTUIA ÎN DEZVOLTAREA DREPTULUI ROMÂN

PRINCIPIUL SECURITĂȚII JURIDICE ÎN JURISPRUDENȚA CURȚII DE JUSTIȚIE A UNIUNII EUROPENE ȘI ROLUL ACESTUIA ÎN DEZVOLTAREA DREPTULUI ROMÂN
(The Principle of Legal Security in The Jurisprudence of The European Union Court of Justice and its Role in The Development of Romanian Law)

Author(s):Marius Catalin Mitrea
Language:Romanian
Subject(s):International Law
Page Range:321-325
No. of Pages:5
Keywords:Legal security; jurisprudence; Court of Justice of the European Union; development of the Romanian law;
Summary/Abstract:The principle of legal security is one of the fundamental principles of law, with the role of preventing and removing the uncertainty of law in its many forms, such as the risk of non-uniform application of legal provisions, as well as the law’s digression from social goals and values. Thus, considering that what gives law added value and utility is precisely its stability, the principle of legal security also addresses the threat coming from the law itself, consisting of created insecurities or that might be created.This scientific research proposes a short presentation of the legal security principle and its specific elements, within a foray into the relevant jurisprudence of the Court of Justice of the European Union, followed by a presentation of its certain effects on the Romanian law.

OPINII PRIVIND RAPORTUL DE ȚARĂ AL COMISIEI EUROPENE PENTRU ROMÂNIA DIN 13.11.2018 ÎN CADRUL M.C.V.

OPINII PRIVIND RAPORTUL DE ȚARĂ AL COMISIEI EUROPENE PENTRU ROMÂNIA DIN 13.11.2018 ÎN CADRUL M.C.V.
(Opinions on The Country Report of The European Commission for Romania From 13.11.2018 Within The Mechanism of Cooperation and Verification)

Author(s):Andrei Constantin
Language:Romanian
Subject(s):International Law
Page Range:326-328
No. of Pages:3
Keywords:transparency; predictability; independence; impartiality; irreversibility; stability; unitary practice; guaranteeing the right to defense; integrity; conflict of interest;
Summary/Abstract:Under the Cooperation and Verification Mechanism (ECM), the European Commission did not impose any timeframes or regulations to adopt, but only the achievement of standards and objectives in line with European legislation and norms in order to streamline the judiciary and combat corruption. On the other hand, it is appreciated that all the progress that has been recorded – to be irreversible, that is, the evolutions are not reversed.

DREPTUL LA ȘTERGEREA DATELOR CU CARACTER PERSONAL ÎN JURISPRUDENȚA INSTANȚELOR NAȚIONALE ȘI EUROPENE

DREPTUL LA ȘTERGEREA DATELOR CU CARACTER PERSONAL ÎN JURISPRUDENȚA INSTANȚELOR NAȚIONALE ȘI EUROPENE
(The Right to Delete of Personal Data in The Jurisprudence of National and European Courts)

Author(s):Alexandru Georgescu
Language:Romanian
Subject(s):International Law
Page Range:329-333
No. of Pages:5
Keywords:data protection; forgotten right; principle of confidentiality; Google Spain; Directive 95/46 EC; Regulation 2016/679/ EU;
Summary/Abstract:The notion of the right to erasure personal data - right to be forgotten, isn’t new. Although there are other legislation and especially legal cases where the right to be forgotten plays or played an important role, it has been predominantly a European matter. The right to be forgotten entered the EU privacy with 2014 judgement of the Court of Justice of the EU under Directive 95/46/EC, in case C-131/12 indeed involving Google.Under General Data Protection Regulament(GDPR), the right to erasure represent a fundamental data subject right in and beyond the context of publicly available personal information. As most rights it is not absolute. From this point of view it’s very important to observe interpretation of jurisprudence in the light of GDPR Recital 65 among others covers a data suebject’s right to have personal data concerning him/her rectified and the right of erasure where retention of the personal data would infringe the provisions of the GDPR or another applicable laws.

ROLUL JURISPRUDENȚEI EUROPENE ȘI NAȚIONALE ÎN MATERIA INSOLVENȚEI TRANSFRONTALIERE

ROLUL JURISPRUDENȚEI EUROPENE ȘI NAȚIONALE ÎN MATERIA INSOLVENȚEI TRANSFRONTALIERE
(The Role of European and National Jurisprudence in The Field of Cross-Border Insolvency)

Author(s):Daniela Ilinca
Language:Romanian
Subject(s):International Law
Page Range:334-338
No. of Pages:5
Keywords:regulation; cross-border insolvency proceedings; jurisprudence; CJUE; court;
Summary/Abstract:The cross-border insolvency proceedings have a dinamic nature, in the context of the extension and development of more and more complex commercial relationships among the member states, representing a continous concernment both for the european and national legislator, as well as for the practitioners and theoreticians of law, providing its contribution to the enrichment of the law with new concepts. The jurisprudence of the European Court of Justice as well as the one of the national courts provide a constant and defining contribution to the development af the european and national law in the cross-border insolvency field, generating the reform or, as the case may be, the amendment and completion of the related legislation, in accordance with the dinamism of the socio-economical realities in the field.

EVOLUȚIA DREPTULUI PENAL PRIN JURISPRUDENȚA CURȚII CONSTITUȚIONALE

EVOLUȚIA DREPTULUI PENAL PRIN JURISPRUDENȚA CURȚII CONSTITUȚIONALE
(The Evolution of Criminal Law Through The Jurisprudence of The Constitutional Court)

Author(s):Tudorel Toader, Marieta Safta
Language:Romanian
Subject(s):Constitutional Law
Page Range:341-347
No. of Pages:7
Keywords:constitutionality review; criminal policy; constitutional courts; criminal law; constitutionalization of law;
Summary/Abstract:The present study approaches the evolution of criminal law through the case-law of the Constitutional Court, exemplifying three categories of decisions: the pure and simple ones, of establishing the unconstitutionality of criminal norms, the decisions through which the unconstitutionality of legislative solutions is found, and the interpretative decisions, through which the unconstitutional meaning of the examined norms is eliminated. Each of these types of decisions reveal dimensions of the constitutionalization of criminal law with an ever-growing complexity, as well as the interference with the criminal policy of the state, in the sense of mapping out the margin of appreciation of the lawmaker in configuring it while observing the highest standards for the protection of the fundamental rights and freedoms. The conclusion of the study is that of the evolution in the sense of an increasingly more profound constitutional approach to the issues of substantive criminal law, as a law circumscribed to the defense and the guaranteeing of the fundamental rights and freedoms.

CONSIDERAŢII DE DOCTRINĂ ŞI JURISPRUDENŢĂ PRIVIND ASIGURAREA UNEI PRACTICI JUDICIARE UNITARE ÎN MATERIE PENALĂ

CONSIDERAŢII DE DOCTRINĂ ŞI JURISPRUDENŢĂ PRIVIND ASIGURAREA UNEI PRACTICI JUDICIARE UNITARE ÎN MATERIE PENALĂ
(Doctrine and Jurisprudence Considerations Regarding The Assurance of a Unitary Jurisprudence in Criminal Law Matters)

Author(s):Ion Ristea
Language:Romanian
Subject(s):Criminal Law
Page Range:348-351
No. of Pages:4
Keywords:unitary judicial practice; judicial security; preeminence of the law; appeal in the interest of the law; solving certain matters of law;
Summary/Abstract:The introduction by the legislator of the new Code of Criminal Procedure of provisions regarding the unitary interpretation of the la represents an element of progress in the concern of adjusting the Romanian legislation to the European one. Insuring the unitary interpretation of the law is a component of the principle of judicial security which derives from the preeminence of the law, has a strong relation with the principle of legality and the right to a fair trial. In this context, the author has identified some divergent ideas expressed in the doctrine regarding the regulation of this area and by using arguments inspired from the judicial theories and practice has expressed the opinion regarding the most pertinent idea.

DIVERGENŢE JURISPRUDENȚIALE ALE ÎNALTEI CURŢI DE CASAŢIE ŞI JUSTIŢIE ŞI ALE CURŢII CONSTITUŢIONALE ÎN MATERIA MĂSURILOR PREVENTIVE

DIVERGENŢE JURISPRUDENȚIALE ALE ÎNALTEI CURŢI DE CASAŢIE ŞI JUSTIŢIE ŞI ALE CURŢII CONSTITUŢIONALE ÎN MATERIA MĂSURILOR PREVENTIVE
(Jurisprudential Divergences of The High Court of Cassation and Justice and of The Constitutional Court in The Matter of Preventive Measures)

Author(s):Mihai Mareş
Language:Romanian
Subject(s):Criminal Law
Page Range:352-356
No. of Pages:5
Keywords:jurisprudence; Constitutional Court; preventive measures; term;
Summary/Abstract:Jurisprudence has played an important role in the evolution of the rule of law, especially in the field of criminal law and criminal procedural law. Although the judge is not obliged when solving a case by anything other than the law. However, there are some rulings by some courts that are mandatory. Case law is not a source of law, but the decisions of the Constitutional Court or the High Court of Cassation and Justice in resolving appeals in the interest of law or loosening of legal issues have a special effect, being considered as genuine sources of law. Due to the effects of these judgments, we consider it necessary to analyze the jursiprudeness, especially the one having an impact on fundamental rights, ie the case-law on deadlines in the matter of preventive measures

UNELE CONSIDERENTE PRIVIND ROLUL JURISPRUDENȚEI DIN SISTEMUL SANITAR ÎN DEZVOLTAREA NOULUI DREPT ROMÂN

UNELE CONSIDERENTE PRIVIND ROLUL JURISPRUDENȚEI DIN SISTEMUL SANITAR ÎN DEZVOLTAREA NOULUI DREPT ROMÂN
(Some Considerations on The Role of Jurispudence in The Health System in Developing the New Romanian Law)

Author(s):Cristian Popa, Antonia-Luciana Paun
Language:Romanian
Subject(s):Criminal Law
Page Range:357-361
No. of Pages:5
Keywords:national security; sanitary system; threat;
Summary/Abstract:Collective development is an essential prerogative for defending the social security system, the development of a state reinforcing the nation's ability to fight against insecurity-generating threats on all levels of action. Therefore, the security of the health system must be the basis for ensuring constitutional health law as a mandatory condition for social stability. In the context of a constant deterioration of the medical system, weakened by recent threats, the modernization of the public health network is an imperative requirement in state evolution and can be considered as a real solution for the prevention of risks to medical and, implicitly, national security. Thus, the foundations of new national strategies for preventing and combating threats to state security generated by the medical sector can be grounded, by predicting possible vulnerabilities caused by normative voids, by the use of legal channels in the illicit interest, or by the fraudulent management of medical resources. By creating a modern health care system centered on the protection of society and collective interest, health security will contribute both to state stability and especially to effective reaction in the perspective of eventual destabilizing factors.

INSTITUŢIA REABILITĂRII ÎN LEGISLAŢIA ŞI PRACTICA JUDICIARĂ A ULTIMELOR 5 DECENII

INSTITUŢIA REABILITĂRII ÎN LEGISLAŢIA ŞI PRACTICA JUDICIARĂ A ULTIMELOR 5 DECENII
(Institution of Rehabilitation in The Legislation and Jurisprudence of The Last Five Decades)

Author(s):Sorin - Alexandru Vernea
Language:Romanian
Subject(s):Criminal Law
Page Range:362-368
No. of Pages:7
Keywords:ope legis rehabilitation; judicial rehabilitation; mitior le; most favorable law;
Summary/Abstract:In this paper, the author briefly analyses the legal provisions regarding rehabilitation as a criminal law institution both in the Romanian Criminal Code of 1968 and in the Romanian Criminal Code of 2009, identifying the way in which the evolution of judicial practice under the old legislation simplified the actual regulation.The article is structured in four parts. The first aims at defining and identifying the purpose of criminal rehabilitation starting from legal literature written both according to the old and the actual legislation. The second and third part analyze the conditions of ope legis rehabilitation and judicial rehabilitation in both legislations, pointing out the differences and the relevant practice for each form.The last part, acting as a conclusion, reunites the authors considerations regarding the evolution of the regulation in the last five decades and the determination of the most favorable law between the provisions analyzed.

JURISPRUDENȚA CU VALOARE DE LEGE PENALA

JURISPRUDENȚA CU VALOARE DE LEGE PENALA
(Jurispudence With Value of Criminal Law)

Author(s):Mihaela Aghenitei, Luiza-Tatiana Pricop
Language:Romanian
Subject(s):Criminal Law
Page Range:369-372
No. of Pages:4
Keywords:jurisprudence;compulsory; motivation;High Court of Cassation and Justice;
Summary/Abstract:Theory of Legal Principles and Concept of Law, Postmodernism, Hermeneutics, Topic, Law and Sociology, Law and Anthropology, Critical Legal Studies, Analytical Practice, Marxist Legal, Postmarxism, Utility, Pure Theory of Law, Jurisprudence, Experimental Jurisprudence, Law and Logic, Law and Economics, Law and Informatics, Agent Theory, Deontology Logic, and Therapeutic Case are abundant, and although some of these activities are often of historical nature, many seem to be vital and are used in varying degrees as points reference in the current debate on the nature and purpose of the case-law.In our country, the judgment of the Court of Cassation and Justice, issued by the Supreme Court of Justice, is binding. Thus, according to art. 474 par. (4) Code of Criminal Procedure.Also, with regard to the decisions of the High Court of Cassation and Justice, delivered by the Criminal Law Enforcement Committee, the legislator provides for the mandatory character of these. Thus, according to art. 477 par. (3) C. Proc. "The separation of the legal issues is mandatory for the courts from the date of publication of the decision in the Official Gazette of Romania, Part I", which gives them the power of law.

RĂSPUNDEREA DE MEDIU ÎN CAZUL SOCIETĂŢILOR COMERCIALE AFLATE ÎN INSOLVENŢĂ

RĂSPUNDEREA DE MEDIU ÎN CAZUL SOCIETĂŢILOR COMERCIALE AFLATE ÎN INSOLVENŢĂ
(Environmental Liability in The Case of Insolvency of Commercial Companies)

Author(s):Candit-Valentin Vernea
Language:Romanian
Subject(s):Criminal Law
Page Range:373-379
No. of Pages:7
Keywords:insolvency; environmental damage; the effectiveness of liability; environmental liability;
Summary/Abstract:By this paper, the author analyzes a recent legislative change in the area of insolvency of legal entities, by reference to recent legal practice related to the legislative change in discussion.The article is structured in three parts. The first part regards the particularities of environmental liability by reference to other forms of judicial liability in Romanian contemporary law.The second part analyzes the manner in which recent legislative changes of Law no.85/2014 by G.E.O. no.88/2018 have an effect on environmental obligations born either before, either during the insolvency procedure.The third part, acting as a conclusion, synthetizes the effect of the legal changes previously mentioned, in regard to actual judicial practice in this matter.

PRACTICA JUDICIARĂ ÎNTRE IZVOR DE DREPT ȘI ADEVĂR JURIDIC PARTICULAR

PRACTICA JUDICIARĂ ÎNTRE IZVOR DE DREPT ȘI ADEVĂR JURIDIC PARTICULAR
(Jurisprudence Between Source of Law and Particular Legal Truth)

Author(s):Tiberiu Viorel POPESCU
Language:Romanian
Subject(s):Criminal Law
Page Range:380-385
No. of Pages:6
Keywords:law; judicial practice; source of law;
Summary/Abstract:Judicial practice, especially that issued by higher courts, tends to become a source of law, especially when it is in a position to become "obligatory". As the concept of "normative character" is lacking in the Romanian law landscape, the sources of law and the understanding of the "binding force" of judicial decisions must be carefully delineated in relation to the particular legal truth usually expressed by the judgments of the courts. Also, the indisputable contribution to the formation of the new right of judicial practice in all domestic and European courts has to be emphasized. The judicial control to which the administrative acts and the constitutionality control of the laws are subjected by the administrative litigation also generates a reference judicial practice in which the practice of the constitutional litigation which has a great influence on the law is significant. This is particularly influenced by the acts issued by some institutions that once were generating a very useful judicial practice.

SUBIECŢII RĂSPUNDERII JURIDICE PENTRU ÎNCĂLCAREA OBLIGAȚIILOR DE SERVICIU

SUBIECŢII RĂSPUNDERII JURIDICE PENTRU ÎNCĂLCAREA OBLIGAȚIILOR DE SERVICIU
(Subjects of Juridical Liability for Breach of Service Obligations)

Author(s):Adrian-Remus Ghiculescu
Language:Romanian
Subject(s):Criminal Law
Page Range:386-392
No. of Pages:7
Keywords:civil liability; criminal liability; contraventional liability; disciplinary liability; subject of legal liability;
Summary/Abstract:This article briefly examines the main forms of legal liability in the case of a public servant breaching their job duties namely civil liability, criminal liability, contraventional liability and disciplinary liability, in terms of the active and passive subjects of each form of legal liability.The active subject of legal liability is the person who holds the right to hold accountable the person who committed the unlawful act.The passive subject of legal liability may be the person in charge of the obligation to enforce the legal sanction to which the injured party has the right to do so through the unlawful act.An active subject of legal liability for breaching off service obligations may be the State, the public authority or institution, the military unit, the employer, the professional organization or any natural or legal person injured in his / her rights or in a legitimate interest by an administrative act or by failing to solve a request within the legal term.Passive liability of legal liability for breach of duty may be a civil servant (within the meaning of Article 2, paragraph 2 of Law no. 188/1999), the dignitary, the magistrate, the military, the employee, the freelancer, the volunteer or the student or student in practice.All the forms of legal liability have in common the principle of legality of the prosecution and the principle of legality of the sanctions.

ASPECTE PRACTICE PRIVIND EXCEPȚIA NECOMPETENȚEI TERITORIALE ÎN CAMERA PRELIMINARĂ

ASPECTE PRACTICE PRIVIND EXCEPȚIA NECOMPETENȚEI TERITORIALE ÎN CAMERA PRELIMINARĂ
(Practical Aspects Regarding The Exception of the Territorial Incompetence in The Preliminary Chamber)

Author(s):Denisa Barbu
Language:Romanian
Subject(s):Criminal Law
Page Range:393-396
No. of Pages:4
Keywords:the preliminary chamber; territorial incompetence; the exception; the prosecutor;
Summary/Abstract:The present paper will examine the ways in which the claims and exceptions relating to the legality and loyalty of the prosecution are assessed at this stage in order to know: a) who are the holders of the right to formulate/invoke claims and exceptions; b) the date until which they can be formulated, c) the subject of the criticisms that may be done by the prosecution, d) the situations in which the case is ordered to be restituted to the Prosecutor’s Office or the cases in which the opening of the court is ordered.After the criminal prosecution has been completed, the prosecutor will check whether the legal provisions guaranteeing the truth have been complied with, whether the criminal prosecution is complete and that there are necessary and lawful or loyal administrative evidence and that the defendant is sued by the indictment when the criminal investigation material that the deed exists, that it was committed by the defendant and that he is criminally responsible. Beyond the substantive changes, the preliminary chamber procedure is placed historically in the succession of the institution of the indictment chamber provided by art. 279 C.c.p. 1936, which had the power to order the referral of the defendant to the Court of Jurists, when there is evidence and solid evidence against the defendant.

RĂSPUNDEREA PENALĂ A ALEȘILOR LOCALI – TENDINȚE DE RACORDARE LA NOILE PROVOCĂRI LEGISLATIVE ȘI JURISPRUDENȚIALE

RĂSPUNDEREA PENALĂ A ALEȘILOR LOCALI – TENDINȚE DE RACORDARE LA NOILE PROVOCĂRI LEGISLATIVE ȘI JURISPRUDENȚIALE
(Criminal Liability of Local Elected - Tendencies of Compliance With The New Legislative Jurisprudential Challenges)

Author(s):Mihnea-Alexandru Cerchez
Language:Romanian
Subject(s):Criminal Law
Page Range:397-403
No. of Pages:7
Keywords:legal liability criminal liability; criminal sanction; unlawful deed;
Summary/Abstract:The criminality among elected representatives is now a phenomenon with a wide spread and at the same time a real problem faced by the judicial authorities, both in terms of the complexity of the phenomenon and the social danger it represents, in relation to the negative consequences generated at the level society as a whole. Local elected representatives are criminally responsible for crimes committed in the performance of their service duties, crimes covering a wide range of domains, Romanian society as a whole, and public administration in particular, facing an alarming situation. The criminal activity of the elected officials seriously affects the good functioning of the public administration by jeopardizing the organizational stability of the public institutions and authorities by undermining the principles of good administration, equity and social justice, by generalizing the phenomenon of corruption and, last but not least, by the erosion citizens' trust in decision makers in the public administration sphere.

INTERPRETAREA LEGII ÎN CONTEXTUL NOILOR REALITĂȚI SOCIALE

INTERPRETAREA LEGII ÎN CONTEXTUL NOILOR REALITĂȚI SOCIALE
(Interpretation of The Law in The Context of New Social Realities)

Author(s):Mihai-Adrian Dinu
Language:Romanian
Subject(s):Criminal Law
Page Range:404-408
No. of Pages:5
Keywords:case-law; interpretation; prevention; social realities; cybercrime;
Summary/Abstract:The aim of this work is to analyze the interpretation of law from the perspective of its recipients, the role of the national courts jurisprudence has in crime prevention, both from the perspective of incriminating and punitive regime. Also, the paper makes an analysis of the impact of European jurisprudence over national legislation in order to improve the quality of law to ensure understanding and compliance by the recipients themselves. For example, the paper analyzes cases from national case-law concerning the application and interpretation of the legislation in the field of cybercrime.

NORME DE INCRIMINARE INEFICIENTE ÎN MATERIA PROTECŢIEI MEDIULUI PRIN MIJLOACE DE DREPT PENAL

NORME DE INCRIMINARE INEFICIENTE ÎN MATERIA PROTECŢIEI MEDIULUI PRIN MIJLOACE DE DREPT PENAL
(Inneficient Incriminations Norms in The Matter of Environmental Protection Through Criminal Law)

Author(s):Andreea Vernea
Language:Romanian
Subject(s):Criminal Law
Page Range:409-415
No. of Pages:7
Keywords:protection of the environment; protection of the forest fund; the nuclear activities regime;
Summary/Abstract:In this paper, the author briefly analyses two provisions of special criminal regulations regarding the protection of the environment, that, due to legislative changes since the enactment of the criminal provision until today, have turned out to be inefficient.In the first part of the paper, the author makes some terminological specifications, while in the second part the constitutive content of the crime regulated by art.107, paragraph 1 of Law no.46/2008 regarding the Forest Code is analyzed.In the third part, the main particularities of the constitutive content of the crime regulated by art.44 of Law no.111/1996 regarding the safe conduct, regulation, authorization and control of nuclear activities, are highlighted.In the end of the paper, the author points out the proposals for improving the legislation, as resulted from the analysis undertaken.

PRINCIPIILE GENERALE ALE DIRECTIVEI EIA ÎN CADRUL JURISPRUDENȚEI CURȚII DE JUSTIȚIE A UNIUNII EUROPENE

PRINCIPIILE GENERALE ALE DIRECTIVEI EIA ÎN CADRUL JURISPRUDENȚEI CURȚII DE JUSTIȚIE A UNIUNII EUROPENE
(The General Principles of The EIA Directive in The Jurisprudence of The European Union Court of Justice)

Author(s):Justin Ștefan
Language:Romanian
Subject(s):Criminal Law
Page Range:416-422
No. of Pages:7
Keywords:EIA Directive; application of UE law; conditions to request compensations;
Summary/Abstract:The general principles of EIA Directive are analysed throughout this article, principles deriving from the case law of EU Court of Justice in the following areas: EU fundamental treaties’ objectives regarding the environment, transposition of a directive and information concerning the transposition to be provided by the Member States, burden of proof, scope and purpose of EIA Directive, uniform interpretation and application of UE law, intercession obligation, deadlines, conditions to request compensations.

UNELE COMENTARII PRIVIND MODIFICĂRILE CODULUI PENAL CARE URMEAZĂ SĂ FIE ADOPTATE, CU REFERIRE SPECIALĂ LA INFRACȚIUNILE DE CORUPȚIE ȘI DE SERVICIU

UNELE COMENTARII PRIVIND MODIFICĂRILE CODULUI PENAL CARE URMEAZĂ SĂ FIE ADOPTATE, CU REFERIRE SPECIALĂ LA INFRACȚIUNILE DE CORUPȚIE ȘI DE SERVICIU
(Some Comments on The Changes in The Penal Code That are to be Adopted, With Special Reference to Corruption and Service Crimes)

Author(s):Niculae Gamenț
Language:Romanian
Subject(s):Criminal Law
Page Range:423-427
No. of Pages:5
Keywords:corruption and service crimes; special causes of non-punishment of corruption offenses; mutilation; influence of trafficking; abuse of service; negligence in service;
Summary/Abstract:At present, the Romanian criminal lawmaker is concerned with a work of amendments or additions to the Criminal Code in order to comply with Constitutional Court rulings and certain directives of the European Union. The present study includes some comments regarding the amendments and additions made in the field of corruption and service crimes. At the same time, the texts of the Criminal Code criminalizing the corruption and the acts of corruption and to be amended and supplemented and to what extent these amendments and supplements are constitutional or not based on the Decision no. 650 of October 25, 2018 were brought to the fore.

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ASPECTE PROCESUAL PENALE PRIVIND CAUZELE CU MINORI ÎN LUMINA DIRECTIVEI NR. 2016/800 (DIRECTIVA COPIILOR)

ASPECTE PROCESUAL PENALE PRIVIND CAUZELE CU MINORI ÎN LUMINA DIRECTIVEI NR. 2016/800 (DIRECTIVA COPIILOR)
(Criminal Procedure Aspects Regarding Cases With Minors in The Light of Directive no. 2016/800 (Children's Directive))

Author(s):Lorena-Mihaela Zidaru
Language:Romanian
Subject(s):Criminal Law
Page Range:428-431
No. of Pages:4
Keywords:juvenile justice; Romanian criminal procedure; the Children Directive; procedural safeguards; the child’s best interest standard;
Summary/Abstract:Among numerous other international and european legal instruments, Directive 2016/800 enshrines key principles in juvenile justice and provides guarantees in order to defend the rights of children who are suspects or accused persons in criminal proceedings. Most of the procedural safeguards of the directive are established in the domestic criminal law, but there are also provisions that need improvement or change by legislative means or better enforcement in national case-law once the directive is implemented.

CONFISCAREA SPECIALĂ. CONFISCAREA EXTINSĂ. STANDARDE PROBATORII

CONFISCAREA SPECIALĂ. CONFISCAREA EXTINSĂ. STANDARDE PROBATORII
(Special Confiscation. Extended Confiscation. Probatory Standards.)

Author(s):Mihai-Costin Toader
Language:Romanian
Subject(s):Criminal Law
Page Range:432-437
No. of Pages:6
Keywords:special confiscation; extended confiscation; probative standard; reasonable doubt; probability balance;
Summary/Abstract:The present study aims at providing the most judicious explanation of the issue of the standard of proof alleged by the legislator for the protection of the legal nature and the regulation of special confiscation and extensive confiscation by emphasizing solutions from the national and European judicial practice that the competent judicial bodies may have one of these criminal penalties. Reflecting the literature and jurisprudence in the matter, interpreted from the subjective perspective of a criminal scientist, without giving the claim to omniscience or exhaustiveness, the present study, the fruit of a scientific research, provides a theoretical solution for practitioners called to work in in an incipient or in perfect form, the prescriptions of special confiscation or extended confiscation from the point of view of the probative standard required by the legislator to adopt these sanctions. The paper aims to be one of the many stages of search and study, in order to articulate a solid doctoral thesis, which pluri- nally addresses the criminal money laundering phenomenon.

IMPLICAȚIILE JURISPRUDENȚEI NAȚIONALE ASUPRA MIJLOACELOR DE PROBĂ ÎN PROCESUL PENAL

IMPLICAȚIILE JURISPRUDENȚEI NAȚIONALE ASUPRA MIJLOACELOR DE PROBĂ ÎN PROCESUL PENAL
(Implications of National Jurisprudence on Means of Proof in Criminal Trial)

Author(s):Adrian Șandru
Language:Romanian
Subject(s):Criminal Law
Page Range:438-441
No. of Pages:4
Keywords:jurisprudence; criminal procedure; trial; means of proof; admissibility;
Summary/Abstract:Jurisprudence in Romania greatly affects the evolution of the legal system, although it is not a true source of criminal law. In the context of poor legislation, case law plays an important role in clarifying and interpreting certain legal rules. The administration of evidence in the criminal proceedings has been reformed through the Criminal Procedure Code, with new rules creating difficulties for interpretation and enforcement for legal practitioners. Analyzing the jurisprudence of the Constitutional Court regarding the administration of evidence, one can observe a legislative evolution, due to the intervention of the constitutional court. However, the legislator has a duty to lay down certain rules in line with the fundamental principles of law and European rules on fundamental human rights, which are easy to understand and apply.

INFLUENŢA JURISPRUDENŢEI ASUPRA CĂILOR EXTRAORDINARE DE ATAC (RECURSUL ÎN CASAŢIE)

INFLUENŢA JURISPRUDENŢEI ASUPRA CĂILOR EXTRAORDINARE DE ATAC (RECURSUL ÎN CASAŢIE)
(The Influence of Jurisdudence on Extraordinary Appeal (Appeal in Cassation))

Author(s):Versavia Brutaru
Language:Romanian
Subject(s):Criminal Law
Page Range:442-448
No. of Pages:7
Keywords:appeal; remedy; cassation; court order; penal judgement;
Summary/Abstract:Remedies are means provided by the law by which the State, through the Public Ministry, and the persons designated by law promote a judicial control in which criminal judgments are verified in order to abolish those judgments which contain factual and legal errors and replacing them with judgements compliant with law and truth.Remedies against court decisions, both ordinary and extraordinary, are based on the need to control the work of the courts. Following the exercise of judicial control, possible errors in the judicial process can be avoided, either in terms of establishing the facts or as regards the enforcement of the law.Starting from the lato sensu definition, a criminal procedural law must take into account certain principles when regulating the appeal system, whether ordinary or extraordinary. Thus, the Criminal Procedural Law must take into account the principle of necessity (preventing the continued validity of an unlawful and ungrounded decision), the principle of operability (the judgment of conviction being enforced as soon as possible, and therefore a reasonable duration of the criminal proceedings) , the principle of res judicata (in essence, this principle ensures the prestige of the final judgments under the legal presumption that they are in accordance with the truth and the law). Too many extraordinary remedies would inevitably result in distrust of justice, uncertainty about the way in which the courts have been finally ruled in criminal cases. The principle of operability and res judicata must be used by the legislator in a rational and balanced way. The length of the criminal proceedings can not be shortened to the detriment of a legal and thoroughly decision, the stability of the court judgment invested with res judicata does not justify maintaining a judgment with serious errors of fact and law, even if it is final.

SOLUŢIILE PRONUNŢATE DE INSTANŢA DE JUDECATĂ SESIZATĂ CU ACORD DE RECUNOAŞTERE A VINOVĂŢIEI

SOLUŢIILE PRONUNŢATE DE INSTANŢA DE JUDECATĂ SESIZATĂ CU ACORD DE RECUNOAŞTERE A VINOVĂŢIEI
(Solutions Given by The Court Reffered With a Guilty Plea Agreement)

Author(s):Ioana Stoenac-Cîrstea, Ciprian Stoenac
Language:Romanian
Subject(s):Criminal Law
Page Range:449-453
No. of Pages:5
Keywords:plea bargaining agreement; the defendant; trial procedure; court of appeal; court solutions;
Summary/Abstract:: The article briefly examines the main solutions that the courts can decide (both on the merits of the case and on the appeal) in the procedure of a plea bargaining, uncluttering the unregulated issues with which the courts may face in this procedure.With the conclusion of a plea bargaining agreement, the defendant forgoes the right to be tried in a joint judicial process and deprives himself of a series of rights. Regarding these issues, the defendant will have to weigh vigorously if necessary to initiate such a procedure, and will proceed as described only if it has certain benefits and will fully understand the consequences of a such procedure.

ASPECTE PRACTICE PRIVIND CONDUCEREA ȘI SUPRAVEGHEREA DE CĂTRE PROCUROR A URMĂRIRII PENALE EFECTUATE DE CĂTRE ORGANELE DE CERCETARE PENALĂ

ASPECTE PRACTICE PRIVIND CONDUCEREA ȘI SUPRAVEGHEREA DE CĂTRE PROCUROR A URMĂRIRII PENALE EFECTUATE DE CĂTRE ORGANELE DE CERCETARE PENALĂ
(Regarding the Conduct and Supervision by the Prosecutor of the Criminal Investigation Carried Out by The Criminal Investigation Bodies)

Author(s):Denisa Barbu, Ion Flămînzeanu
Language:Romanian
Subject(s):Criminal Law
Page Range:454-458
No. of Pages:5
Keywords:the criminal prosecution; the prosecutor; the conduct; the supervision;
Summary/Abstract:By criminal prosecution we understand the activity of the criminal investigating bodies consisting in gathering and checking the evidence regarding the committing of any crime, thus revealing the perpetrator and establishing his liability for the prosecution, while taking the measures aimed at ensuring the good the criminal proceedings.The paper follows the theoretical aspects emerging from the provisions of art. 299-304 N.C.C.P. and are corroborated with the practicalities resulting from them. In this chapter, it will be noticed the primordial role of the prosecutor in conducting criminal prosecution and how he can exercise his duties in order to accomplish the object of the criminal investigation, being assisted in this respect by the criminal investigation bodies.In view of the very high number of complaints concerning criminal matters and the fact that they must be dealt with within a reasonable time, the criminal investigation bodies have the role of supporting the prosecutor either by conducting criminal investigation activities followed by proposals or by carrying out of activities delegated by the prosecutor by delegation. The prosecution must be carried out in compliance with all legal provisions for the purpose of performing the act of justice. This principle has to be respected by the criminal investigation bodies, and among them the prosecutor is the one who, by means provided by the law, supervises the activity of criminal investigation bodies.

EFECTELE JURISPRUDENȚEI CURȚII DE LA STRASBOURG ASUPRA PROCESULUI PENAL ROMÂN

EFECTELE JURISPRUDENȚEI CURȚII DE LA STRASBOURG ASUPRA PROCESULUI PENAL ROMÂN
(The Effects of The Strasbourg Court Jurisprudence on The Romanian Criminal Trial)

Author(s):Beatrice-Florina Draghiciu
Language:Romanian
Subject(s):Criminal Law
Page Range:459-463
No. of Pages:5
Keywords:European Court of Human Rights; case law; effects; Criminal Procedure Code; legal system;
Summary/Abstract:The case law of the European Court of Human Rights offers a wide range of applicability of the rights guaranteed by the European Convention on Human Rights and an analysis of a large number of cases provides the possibility of identifying "rules" for the calculation of permitted limits, without prejudice to the existence of the right or freedom. At the same time, the Strasbourg Court is a true factor in regulating and creating principles and concepts designed to ensure the protection of fundamental rights and freedoms.Since the beginning of Romania's accession to the Convention, the jurisprudence of the Court of Strasbourg influenced and led to the materialization of numerous legislative changes that took place in the legal system, but also in the direct application of the Court's judgments by the organs of state, to the courts. Furthermore, even the Criminal Procedure Code expressly refers to the case-law of the Court, stating that, in the context of an appeal procedure in the interest of the law, in order to ensure the uniform interpretation and application of a law by all courts, the application must also include jurisprudence the European Court of Justice.

ROLUL JURISPRUDENȚEI ÎN REFORMA PENITENCIARĂ

ROLUL JURISPRUDENȚEI ÎN REFORMA PENITENCIARĂ
(The Role of Jurisdudence in Penitentiary Reform)

Author(s):Crina-Bianca Vereș
Language:Romanian
Subject(s):Criminal Law
Page Range:464-469
No. of Pages:6
Keywords:jurisprudence; ECHR; detention conditions; amnesty; pardon; compensatory appeal;
Summary/Abstract:The state fails to favor statistics to the detriment of man. The reconstruction of the judiciary system, and implicitly of the penitentiary environment, must have man at the forefront. The state is constituted to be useful to its citizens, and not vice versa. For this reason, every conviction to the European Court of Human Rights on grounds of inhuman and degrading treatment is a state’s failure. The problem is not limited to the actual accommodation, but social reintegration needs to be considered. Unfortunately, urgency sometimes leads to temporary solutions that can eclipse the long-term solutions that are already taken under consideration.

ROLUL JURISPRUDENȚEI CEDO ÎN CONFIGURAREA LEGISLAȚIEI EXECUȚIONAL-PENALE. STUDIU CRIMINOLOGIC

ROLUL JURISPRUDENȚEI CEDO ÎN CONFIGURAREA LEGISLAȚIEI EXECUȚIONAL-PENALE. STUDIU CRIMINOLOGIC
(The Role of The ECHR Jurisdudence in The Configuration of Executive-Penal Law. Criminology Study)

Author(s):Aura Preda
Language:Romanian
Subject(s):Criminal Law
Page Range:470-473
No. of Pages:4
Keywords:the case law of the ECHR; overcrowding; rights of detainees; compensatory remedies; the prison system in Romania;
Summary/Abstract:The paper analyzes the case law of the ECHR on the conditions of detention in Romanian prisons, including the overcrowding. The social response of the State to these realities, following the April 2017 pilot decision of the ECHR, generated measures that has made changes to some rights of detainees. The legislation adopted as the compensatory remedies that has not solved the problems faced by the prison system in Romania, as some statistical data demonstrate.

UNELE ASPECTE ALE EVOLUȚIEI INCRIMINĂRII PRIVIND CRIMINALITATEA ORGANIZATĂ

UNELE ASPECTE ALE EVOLUȚIEI INCRIMINĂRII PRIVIND CRIMINALITATEA ORGANIZATĂ
(Some Aspects of The Evolution of Increase in Organized Criminality)

Author(s):Vasile Băiculescu
Language:Romanian
Subject(s):Criminal Law
Page Range:474-476
No. of Pages:3
Keywords:criminal group; structured group; support; adherence; criminal group; terrorist entity;
Summary/Abstract:Organized crime may have direct consequences on the economy of the the states. In an attempt to reduce this scourge, at international level, were concluded several Convention in relation to which the Romanian legal sistem was adapted. This article aims to analyze the methods applied by the Romanian legislator to diminish organized crime.

SANCȚIONAREA TERORISMULUI ȘI RADICALIZĂRII ÎN SCOP TERORIST – UN „COMPROMIS” AL MARILOR SISTEME DE DREPT

SANCȚIONAREA TERORISMULUI ȘI RADICALIZĂRII ÎN SCOP TERORIST – UN „COMPROMIS” AL MARILOR SISTEME DE DREPT
(Sanctioning Terrorism and Radicalization - A "Compromise" of Great Legal Systems)

Author(s):Viorel Gheorghe
Language:Romanian
Subject(s):Criminal Law
Page Range:477-483
No. of Pages:7
Keywords:legal system; terrorism; radicalization; custom; security;
Summary/Abstract:More and more prominent realities of a society in the process of self-identification, where terrorism and radicalization increasingly acutely worrying the world, claiming the immediate need for deciphering the internal trigger mechanisms of comisual valency acts, but and socio-legal solutions is needed to control and eradicate these phenomena. The uncertainties of the present are built on the motivation of the following questions and social concern:Can they play a determining role in diminishing or eradicating the two phenomena, identifying legal contents of unitary valence?Can the main contemporary legal systems be harmonized to combat these phenomena?There are questions arising from objective necessity, in a particularly complex and volatile international context, with asymmetric challenges and hybrid threats increasingly diffused, but increasingly present.The two phenomena represent major threats to international security, a threat to democratic values, citizens' rights and freedoms, with significant enlargement tendencies, so that in the context of the existing jury, taking into account the diffusion of the modalities of manifestation related to the identification of some legal options for control and sanctions, I appreciate that a complex approach - if necessary, even explanatory - from this perspective, is absolutely necessary.

RECIDIVA ÎN PROGRESUL REGLEMENTĂRILOR DREPTULUI PENAL

RECIDIVA ÎN PROGRESUL REGLEMENTĂRILOR DREPTULUI PENAL
(The Relapse in The Progress of The Criminal Law Regulations)

Author(s):Constantin Tănase
Language:Romanian
Subject(s):Criminal Law
Page Range:484-486
No. of Pages:3
Keywords:criminology; relapse; recidivism; repetition; compensatory appeal; prevention;
Summary/Abstract:Starting from the fact that science of criminology is part of the broad concept of "criminal science", it is not a normative science. The contribution of criminology to the progress of criminal law comes only indirectly from the jurisprudence and interpretation of criminal and procedural criminal laws, but also from the options that the in-depth study of criminality offers in order to regulate some fundamental institutions of criminal sciences or in the elaboration of efficient criminal policy strategies We illustrate this approach with our research on the phenomenon of relapse.

PRINCIPIUL NEMIJLOCIRII ÎN DREPTUL PENAL ROMÂN

PRINCIPIUL NEMIJLOCIRII ÎN DREPTUL PENAL ROMÂN
(Principle of Immediacy in The Romanian Criminal Law)

Author(s):Nicolae Băbeanu
Language:Romanian
Subject(s):Criminal Law
Page Range:487-491
No. of Pages:5
Keywords:objection; principle; criminal procedure code;
Summary/Abstract:The principles of the criminal trial are the basis of the Romanian law system and not only. The principles found in our legislation are found in all other countries' law systems. They stem from the fundamental law of the country, the Constitution of Romania but are also found in international law such as the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union.

UNELE OBSERVAŢII CU PRIVIRE LA INTERPRETAREA ART.55 IND.1 DIN LEGEA NR.254/2013 ÎN PRACTICA INSTANŢELOR

UNELE OBSERVAŢII CU PRIVIRE LA INTERPRETAREA ART.55 IND.1 DIN LEGEA NR.254/2013 ÎN PRACTICA INSTANŢELOR
(Some Comments on The Interpretation of Art.55 ind.1 of Law no.254/2013 in The Courts Jurisprudence)

Author(s):Mariana Stan
Language:Romanian
Subject(s):Criminal Law
Page Range:492-494
No. of Pages:3
Keywords:compensatory days; rest of punishment; application of article 55 index 1;
Summary/Abstract:The article analyzes the problems in court practice as a result of the application of article 55 ind.1 of the Law no.169 / 2017 on compensatory days granted to the prisoners, the application and interpretation of the law and specific situations and competent court invested with solving such requests.

RESPECTAREA DREPTURILOR PROCESUAL PENALE ALE PĂRŢII RESPONSABILE CIVILMENTE

RESPECTAREA DREPTURILOR PROCESUAL PENALE ALE PĂRŢII RESPONSABILE CIVILMENTE
(Respect for Criminal Process Rights of Civilly Liable Party)

Author(s):Bogdan Buneci
Language:Romanian
Subject(s):Criminal Law
Page Range:495-497
No. of Pages:3
Keywords:civilly liable party; rights; civil party; second appeal decisions on matters of law; civil liability;
Summary/Abstract:The procedural provisions of criminal law must be observed within the criminal trial with respect to the rights of the parties, as provided by art. 82-87 Criminal Procedure Code, which also include the rights of the civilly liable party. Given that the case-law has identified a series of issues with respect to the enforcement of procedural provisions regarding the civilly liable party and its rights (introducing the civilly liable party into the criminal trial, which entities are civilly liable within the criminal trial, correlation between civil and criminal law provisions), the Constitutional Court has adopted decisions and the High Court of Cassation and Justice has passed second appeal decisions on matters of law to settle such controversial issues.

ROLUL JURISPRUDENŢEI ÎN DEZVOLTAREA NOULUI DREPT ROMÂN THE ROLE OF JURISDUDENCE IN THE DEVELOPMENT OF THE NEW ROMANIAN LAW

REFLECȚII CU PRIVIRE LA TRANSMISIUNEA SUCCESORALĂ ȘI CARACTERELE SALE JURIDICE

REFLECȚII CU PRIVIRE LA TRANSMISIUNEA SUCCESORALĂ ȘI CARACTERELE SALE JURIDICE (Reflections on Successorial Transmission and its Legal Characteristics)

CÂTEVA ASPECTE PRIVIND ROLUL JURISPRUDENȚEI ÎN EXERCITAREA AUTORITĂȚII PĂRINTEȘTI ÎN CAZ DE DIVORȚ

CÂTEVA ASPECTE PRIVIND ROLUL JURISPRUDENȚEI ÎN EXERCITAREA AUTORITĂȚII PĂRINTEȘTI ÎN CAZ DE DIVORȚ (Some Aspects on The Role of Jurisprudence in the Execution of The Parent Authority in The Event of Divorce)

LOCUINȚA COPILULUI VERSUS RELAȚII PERSONALE EXTINSE

LOCUINȚA COPILULUI VERSUS RELAȚII PERSONALE EXTINSE (Child's House Versus Extended Personal Relations)

RELAȚII DE FAMILIE. NOUTĂȚI ȘI PRECIZĂRI

RELAȚII DE FAMILIE. NOUTĂȚI ȘI PRECIZĂRI (Family Relations. News and Clarifications)

MODALITAȚI DE EXERCITARE A DREPTULUI DE OPŢIUNE MATRIMONIALĂ

MODALITAȚI DE EXERCITARE A DREPTULUI DE OPŢIUNE MATRIMONIALĂ (Modalities for The Exercise of The Matrimonial Option Right)

PACTELE COMISORII – CONSTRUCȚIE DOCTRINARĂ ȘI JURISPRUDENȚIALĂ, CONSACRATĂ LEGISLATIV ÎN NOUL COD CIVIL

PACTELE COMISORII – CONSTRUCȚIE DOCTRINARĂ ȘI JURISPRUDENȚIALĂ, CONSACRATĂ LEGISLATIV ÎN NOUL COD CIVIL (Lex Commissioria Pacts - doctrinal and Jurisprudential Construction, Consacrated in The New Civil Code)

CONTRACTUL DE VĂNZARE-CUMPĂRARE. EVOLUȚIE-NOUTĂȚI

CONTRACTUL DE VĂNZARE-CUMPĂRARE. EVOLUȚIE-NOUTĂȚI (Purchase Agreement. Evolution. Novelties)

DREPTUL LA DEMNITATE. O PERSPECTIVĂ JURISPRUDENŢIALĂ

DREPTUL LA DEMNITATE. O PERSPECTIVĂ JURISPRUDENŢIALĂ (The Right to Dignity. A Jurisprudential Perspective)

DREPTUL LA VIAŢĂ PRIVATĂ. CONTURAREA UNOR NOŢIUNI CA URMARE A JURISPRUDENŢEI C.E.D.O. ŞI C.J.U.E.

DREPTUL LA VIAŢĂ PRIVATĂ. CONTURAREA UNOR NOŢIUNI CA URMARE A JURISPRUDENŢEI C.E.D.O. ŞI C.J.U.E. (Right to Private Life. Shaping of Notions Following the Jurisprudence of C.E.D.O. and C.J.U.E)

MANIFESTĂRI JURISPRUDENŢIALE ACTUALE ÎN APLICAREA PRINCIPIULUI AUTONOMIEI DE VOINŢĂ

MANIFESTĂRI JURISPRUDENŢIALE ACTUALE ÎN APLICAREA PRINCIPIULUI AUTONOMIEI DE VOINŢĂ (Actual Jurisprudential Manifestations in The Application of Volition Autonomy Principle)

LIPSA CARACTERULUI CERT AL CREANȚEI CUPRINSE ÎNTR-O CLAUZĂ PENALĂ DINTR-UN ACT AUTENTIFICAT DE NOTARUL PUBLIC

LIPSA CARACTERULUI CERT AL CREANȚEI CUPRINSE ÎNTR-O CLAUZĂ PENALĂ DINTR-UN ACT AUTENTIFICAT DE NOTARUL PUBLIC (The Lack of Certain Character of the Debt Included in a Criminal Clause in an Act Authorized by the Public Notary)

APLICAREA DE CĂTRE INSTANȚELE JUDECĂTOREȘTI A MĂSURILOR DE RESTITUIRE ÎN NATURĂ ȘI A MĂSURILOR REPARATORII REFERITOR LA IMOBILELE PRELUATE ABUZIV DE LA ACADEMIA ROMÂNĂ

RĂSPUNDEREA CIVILĂ PENTRU DAUNE MORALE ÎN REGLEMENTAREA ACTUALULUI COD CIVIL

RĂSPUNDEREA CIVILĂ PENTRU DAUNE MORALE ÎN REGLEMENTAREA ACTUALULUI COD CIVIL (Civil Liability for Moral Damage in The Actual Civil Code)

NATURA JURIDICĂ A CONTRACTULUI DE FURNIZARE DE SERVICII MEDICALE

NATURA JURIDICĂ A CONTRACTULUI DE FURNIZARE DE SERVICII MEDICALE (The Juridical Nature of Supply Agreement of Medical Services)

PROBLEME ALE PRACTICII JUDECĂTOREȘTI PRIVIND ÎNCETAREA CONTRACTULUI DE MUNCĂ PE PARCURSUL PERIOADEI DE PROBĂ

PROBLEME ALE PRACTICII JUDECĂTOREȘTI PRIVIND ÎNCETAREA CONTRACTULUI DE MUNCĂ PE PARCURSUL PERIOADEI DE PROBĂ (Problems of Judicial Practice on Termination of Labor Contract During The Probationary Period)

CONSIDERAȚI PRIVIND UNELE DECIZII PRONUNȚATE DE ÎNALTA CURTE DE CASAȚIE ȘI JUSTIȚIE CU PRIVIRE LA RAPORTURILE DE MUNCĂ ȘI DE ASIGURĂRI SOCIALE ÎN ANUL 2018

CONSIDERAȚI PRIVIND UNELE DECIZII PRONUNȚATE DE ÎNALTA CURTE DE CASAȚIE ȘI JUSTIȚIE CU PRIVIRE LA RAPORTURILE DE MUNCĂ ȘI DE ASIGURĂRI SOCIALE ÎN ANUL 2018 (Considerations on Some Decisions Given by The High Court of Cassation and Justice on Labor Relations and Social Insurance in 2018)

JURISPRUDENȚA NEUNITARĂ A INSTANȚELOR DE JUDECATĂ ÎN LITIGIILE REFERITOARE LA DREPTURILE SALARIALE ȘI ALTE DREPTURI CONEXE. EXAMEN CRITIC

JURISPRUDENȚA NEUNITARĂ A INSTANȚELOR DE JUDECATĂ ÎN LITIGIILE REFERITOARE LA DREPTURILE SALARIALE ȘI ALTE DREPTURI CONEXE. EXAMEN CRITIC (Non Unitary Jurisprudence of The Courts in Disputes Relating to Salary Rights and Other Related Rights. Critical Examination)

ROLUL JURISPRUDENȚEI EUROPENE ÎN MATERIE DE NEDISCRIMINARE

ROLUL JURISPRUDENȚEI EUROPENE ÎN MATERIE DE NEDISCRIMINARE (The Role of European Jurisprudence in Case of Non – discrimination)

SCURT EXAMEN (PARȚIAL CRITIC) ASUPRA JURISPRUDENȚEI ÎNALTEI CURȚI DE CASAȚIE ȘI JUSTIȚIE – COMPLETURI PENTRU DEZLEGAREA UNOR CHESTIUNI DE DREPT ÎN MATERIA EXECUTĂRII SILITE

ROLUL JURISPRUDENȚEI CURȚII CONSTITUȚIONALE ȘI A JURISPRUDENȚEI INSTANȚELOR JUDECĂTOREȘTI ÎN REGLEMENTAREA INSOLVENȚEI PROFESIONIȘTILOR

ROLUL JURISPRUDENȚEI CURȚII CONSTITUȚIONALE ȘI A JURISPRUDENȚEI INSTANȚELOR JUDECĂTOREȘTI ÎN REGLEMENTAREA INSOLVENȚEI PROFESIONIȘTILOR (The Role of The Constitutional Court Jurisprudence and Jurisdudence of The Common Courts in Regulation of The Insolvency of Professionals)

ROLUL ȘI IMPORTANȚA CATEGORIILOR DE DREPT PROCESUAL CIVIL

ROLUL ȘI IMPORTANȚA CATEGORIILOR DE DREPT PROCESUAL CIVIL (Role and Importance of Categories in The Civil Procedure)

IMPORTANȚA PREDICTIBILITĂȚII ÎN ARBITRAJ

IMPORTANȚA PREDICTIBILITĂȚII ÎN ARBITRAJ (The importance of Predictibility in Arbitration)

ADUNAREA GENERALĂ A ASOCIAȚILOR - EVOLUȚIE JURISPRUDENȚIALĂ

ADUNAREA GENERALĂ A ASOCIAȚILOR - EVOLUȚIE JURISPRUDENȚIALĂ (General Assembly Associations. The Evolution of Jurisprudence)

IMPACTUL JURISPRUDENȚEI LIMITATE ASUPRA FIDUCIEI ÎN DREPTUL ROMÂN

IMPACTUL JURISPRUDENȚEI LIMITATE ASUPRA FIDUCIEI ÎN DREPTUL ROMÂN (The Impact of Limited Jurisprudence on Fiducia in Romanian Law)

UNELE CONSIDERAȚII PRIVIND REGIMUL JURIDIC AL TRUSTULUI ȘI AL FIDUCIEI

UNELE CONSIDERAȚII PRIVIND REGIMUL JURIDIC AL TRUSTULUI ȘI AL FIDUCIEI (Considerations on The Legal Framework of Trust and Fiducia)

JURISPRUDENȚA - RESURSĂ MAJORĂ A DIMENSIUNII PRACTICE A FILOSOFIEI DREPTULUI

JURISPRUDENȚA - RESURSĂ MAJORĂ A DIMENSIUNII PRACTICE A FILOSOFIEI DREPTULUI (Jurisprudence - Major Resource of The Practical Dimension of The Philosophy of Law)

JURISPRUDENȚA–IZVOR DE DREPT

JURISPRUDENȚA–IZVOR DE DREPT (Jurisprudence. Source of Law)

UNELE ASPECTE METODOLOGICE ALE PRACTICII RECENTE A CURŢII CONSTITUŢIONALE A ROMÂNIEI

UNELE ASPECTE METODOLOGICE ALE PRACTICII RECENTE A CURŢII CONSTITUŢIONALE A ROMÂNIEI (Some Methodological Aspects of The Romanian Constitutional Court’s Recent Practice)

DREPTUL LA CULTURĂ ŞI IMPORTANŢA LUI FUNDAMENTALĂ ÎN PROTECŢIA JURIDICĂ A PATRIMONIULUI CULTURAL

DREPTUL LA CULTURĂ ŞI IMPORTANŢA LUI FUNDAMENTALĂ ÎN PROTECŢIA JURIDICĂ A PATRIMONIULUI CULTURAL (The Right to Culture and its Fundamental Importance in The Legal Protection of The Cultural Heritage)

CONSIDERAȚII PRIVIND ROLUL JURISPRUDENȚEI CA INSTRUMENT DE EXPRIMARE ȘI DISEMINARE A CULTURII JURIDICE ÎN SISTEMUL DREPTULUI ROMÂN/

CONSIDERAȚII PRIVIND ROLUL JURISPRUDENȚEI CA INSTRUMENT DE EXPRIMARE ȘI DISEMINARE A CULTURII JURIDICE ÎN SISTEMUL DREPTULUI ROMÂN/ (Considerations Regarding the Role of Jurisprudence as an Instrument of Expression and Dissemination of Legal Culture in The Romanian System of Law)

PARTICULARITĂȚI ALE JURISPRUDENȚEI ÎN DREPTUL ROMÂNESC CONTEMPORAN

PARTICULARITĂȚI ALE JURISPRUDENȚEI ÎN DREPTUL ROMÂNESC CONTEMPORAN (Particularities of Jurisprudence in Romanian Contemporary Law)

CONTINUITATE ȘI DISCONTINUITATE ÎN JURISPRUDENȚA ROMÂNEASCĂ

CONTINUITATE ȘI DISCONTINUITATE ÎN JURISPRUDENȚA ROMÂNEASCĂ (Continuity and Discontinuity in Romanian Jurisprudence)

REFORMA ÎN DOMENIUL JUSTIŢIEI ŞI CALITATEA ACTULUI DE JUSTIŢIE – COMPONENTE NECESARE ALE PROGRESULUI SOCIAL. ASPECTE RELEVANTE ALE CONTENCIOSULUI CONSTITUŢIONAL

ROLUL JURISPRUDENŢEI REFERITOARE LA APLICAREA PRINCIPIULUI CONSTITUŢIONAL AL EGALITĂŢII ÎN DREPTURI ÎN DEZVOLTAREA NOULUI DREPT ROMÂN

ROLUL JURISPRUDENŢEI REFERITOARE LA APLICAREA PRINCIPIULUI CONSTITUŢIONAL AL EGALITĂŢII ÎN DREPTURI ÎN DEZVOLTAREA NOULUI DREPT ROMÂN (The Role of Jurisprudence Regarding The Application of The Constitutional Principle of Equal Rights in The Development of The New Romanian Law)

JURISPRUDENȚA CONSTITUȚIONALĂ - FACTOR DE STABILITATE ȘI SECURITATE JURIDICĂ

JURISPRUDENȚA CONSTITUȚIONALĂ - FACTOR DE STABILITATE ȘI SECURITATE JURIDICĂ (Constitutional Jurisprudence - Factor of Stability and Legal Security)

CONTRIBUŢII ALE JURISPRUDENŢEI LA DEZVOLTAREA CONTROLULUI DE CONSTITUŢIONALITATE AL LEGILOR ÎN ROMÂNIA

CONTRIBUŢII ALE JURISPRUDENŢEI LA DEZVOLTAREA CONTROLULUI DE CONSTITUŢIONALITATE AL LEGILOR ÎN ROMÂNIA (Contributions of Jurisprudence to The Development of The Constitutionality Review of Laws in Romania)

DREPT RAȚIONAL, DREPT POZITIV ȘI JURISPRUDENȚĂ ÎN DOCTRINA JURIDICĂ

DREPT RAȚIONAL, DREPT POZITIV ȘI JURISPRUDENȚĂ ÎN DOCTRINA JURIDICĂ (Rational Law, Positive Law and Jurisprudence in Legal Doctrine)

CONSIDERAȚII REFERITOARE LA RECEPTAREA ÎN DREPTUL ROMÂN A STANDARDELOR STABILITE PRIN JURISPRUDENȚA EUROPEANĂ ÎN MATERIA LIBERTĂȚII DE EXPRIMARE

CONSIDERAȚII REFERITOARE LA RECEPTAREA ÎN DREPTUL ROMÂN A STANDARDELOR STABILITE PRIN JURISPRUDENȚA EUROPEANĂ ÎN MATERIA LIBERTĂȚII DE EXPRIMARE (Considerations Concerning The Reception in Romanian Law of Standards Established by European Jurisdiction on Freedom of Expression Matter)

PROBLEMATICA ŞTIINŢIFICĂ A BIOETICII REFLECTATĂ ÎN DOMENIUL SOCIO-JURIDIC

PROBLEMATICA ŞTIINŢIFICĂ A BIOETICII REFLECTATĂ ÎN DOMENIUL SOCIO-JURIDIC (Scientific Problems of Bioethics Reflected in The Socio-Legal Field)

JURISPRUDENȚA - FACTOR DECISIV ÎN EVOLUȚIA LEGIFERĂRII

JURISPRUDENȚA - FACTOR DECISIV ÎN EVOLUȚIA LEGIFERĂRII (Jurisprudence - Decident Factor in The Development of Legislation)

ASPECTE TEORETICE ȘI JURISPRUDENȚĂ ÎN MATERIE CANONICĂ PRIVIND PROBLEMA AUTOCEFALIEI BISERICEȘTI

ASPECTE TEORETICE ȘI JURISPRUDENȚĂ ÎN MATERIE CANONICĂ PRIVIND PROBLEMA AUTOCEFALIEI BISERICEȘTI (Theoretical Aspects and Jurisprudence in Canonic Matter Regarding The Issue of Church Autocefaly)

ROLUL JURISPRUDENŢEI ÎN DEZVOLTAREA NOULUI DREPT ROMÂN
THE ROLE OF JURISDUDENCE IN THE DEVELOPMENT OF THE NEW ROMANIAN LAW

REFLECȚII CU PRIVIRE LA TRANSMISIUNEA SUCCESORALĂ ȘI CARACTERELE SALE JURIDICE
(Reflections on Successorial Transmission and its Legal Characteristics)

CÂTEVA ASPECTE PRIVIND ROLUL JURISPRUDENȚEI ÎN EXERCITAREA AUTORITĂȚII PĂRINTEȘTI ÎN CAZ DE DIVORȚ
(Some Aspects on The Role of Jurisprudence in the Execution of The Parent Authority in The Event of Divorce)

LOCUINȚA COPILULUI VERSUS RELAȚII PERSONALE EXTINSE
(Child's House Versus Extended Personal Relations)

RELAȚII DE FAMILIE. NOUTĂȚI ȘI PRECIZĂRI
(Family Relations. News and Clarifications)

MODALITAȚI DE EXERCITARE A DREPTULUI DE OPŢIUNE MATRIMONIALĂ
(Modalities for The Exercise of The Matrimonial Option Right)

PACTELE COMISORII – CONSTRUCȚIE DOCTRINARĂ ȘI JURISPRUDENȚIALĂ, CONSACRATĂ LEGISLATIV ÎN NOUL COD CIVIL
(Lex Commissioria Pacts - doctrinal and Jurisprudential Construction, Consacrated in The New Civil Code)

CONTRACTUL DE VĂNZARE-CUMPĂRARE. EVOLUȚIE-NOUTĂȚI
(Purchase Agreement. Evolution. Novelties)

DREPTUL LA DEMNITATE. O PERSPECTIVĂ JURISPRUDENŢIALĂ
(The Right to Dignity. A Jurisprudential Perspective)

DREPTUL LA VIAŢĂ PRIVATĂ. CONTURAREA UNOR NOŢIUNI CA URMARE A JURISPRUDENŢEI C.E.D.O. ŞI C.J.U.E.
(Right to Private Life. Shaping of Notions Following the Jurisprudence of C.E.D.O. and C.J.U.E)

MANIFESTĂRI JURISPRUDENŢIALE ACTUALE ÎN APLICAREA PRINCIPIULUI AUTONOMIEI DE VOINŢĂ
(Actual Jurisprudential Manifestations in The Application of Volition Autonomy Principle)

LIPSA CARACTERULUI CERT AL CREANȚEI CUPRINSE ÎNTR-O CLAUZĂ PENALĂ DINTR-UN ACT AUTENTIFICAT DE NOTARUL PUBLIC
(The Lack of Certain Character of the Debt Included in a Criminal Clause in an Act Authorized by the Public Notary)

RĂSPUNDEREA CIVILĂ PENTRU DAUNE MORALE ÎN REGLEMENTAREA ACTUALULUI COD CIVIL
(Civil Liability for Moral Damage in The Actual Civil Code)

NATURA JURIDICĂ A CONTRACTULUI DE FURNIZARE DE SERVICII MEDICALE
(The Juridical Nature of Supply Agreement of Medical Services)

PROBLEME ALE PRACTICII JUDECĂTOREȘTI PRIVIND ÎNCETAREA CONTRACTULUI DE MUNCĂ PE PARCURSUL PERIOADEI DE PROBĂ
(Problems of Judicial Practice on Termination of Labor Contract During The Probationary Period)

CONSIDERAȚI PRIVIND UNELE DECIZII PRONUNȚATE DE ÎNALTA CURTE DE CASAȚIE ȘI JUSTIȚIE CU PRIVIRE LA RAPORTURILE DE MUNCĂ ȘI DE ASIGURĂRI SOCIALE ÎN ANUL 2018
(Considerations on Some Decisions Given by The High Court of Cassation and Justice on Labor Relations and Social Insurance in 2018)

JURISPRUDENȚA NEUNITARĂ A INSTANȚELOR DE JUDECATĂ ÎN LITIGIILE REFERITOARE LA DREPTURILE SALARIALE ȘI ALTE DREPTURI CONEXE. EXAMEN CRITIC
(Non Unitary Jurisprudence of The Courts in Disputes Relating to Salary Rights and Other Related Rights. Critical Examination)

ROLUL JURISPRUDENȚEI EUROPENE ÎN MATERIE DE NEDISCRIMINARE
(The Role of European Jurisprudence in Case of Non – discrimination)

ROLUL JURISPRUDENȚEI CURȚII CONSTITUȚIONALE ȘI A JURISPRUDENȚEI INSTANȚELOR JUDECĂTOREȘTI ÎN REGLEMENTAREA INSOLVENȚEI PROFESIONIȘTILOR
(The Role of The Constitutional Court Jurisprudence and Jurisdudence of The Common Courts in Regulation of The Insolvency of Professionals)

ROLUL ȘI IMPORTANȚA CATEGORIILOR DE DREPT PROCESUAL CIVIL
(Role and Importance of Categories in The Civil Procedure)

IMPORTANȚA PREDICTIBILITĂȚII ÎN ARBITRAJ
(The importance of Predictibility in Arbitration)

ADUNAREA GENERALĂ A ASOCIAȚILOR - EVOLUȚIE JURISPRUDENȚIALĂ
(General Assembly Associations. The Evolution of Jurisprudence)

IMPACTUL JURISPRUDENȚEI LIMITATE ASUPRA FIDUCIEI ÎN DREPTUL ROMÂN
(The Impact of Limited Jurisprudence on Fiducia in Romanian Law)

UNELE CONSIDERAȚII PRIVIND REGIMUL JURIDIC AL TRUSTULUI ȘI AL FIDUCIEI
(Considerations on The Legal Framework of Trust and Fiducia)

JURISPRUDENȚA - RESURSĂ MAJORĂ A DIMENSIUNII PRACTICE A FILOSOFIEI DREPTULUI
(Jurisprudence - Major Resource of The Practical Dimension of The Philosophy of Law)

JURISPRUDENȚA–IZVOR DE DREPT
(Jurisprudence. Source of Law)

UNELE ASPECTE METODOLOGICE ALE PRACTICII RECENTE A CURŢII CONSTITUŢIONALE A ROMÂNIEI
(Some Methodological Aspects of The Romanian Constitutional Court’s Recent Practice)

DREPTUL LA CULTURĂ ŞI IMPORTANŢA LUI FUNDAMENTALĂ ÎN PROTECŢIA JURIDICĂ A PATRIMONIULUI CULTURAL
(The Right to Culture and its Fundamental Importance in The Legal Protection of The Cultural Heritage)

CONSIDERAȚII PRIVIND ROLUL JURISPRUDENȚEI CA INSTRUMENT DE EXPRIMARE ȘI DISEMINARE A CULTURII JURIDICE ÎN SISTEMUL DREPTULUI ROMÂN/
(Considerations Regarding the Role of Jurisprudence as an Instrument of Expression and Dissemination of Legal Culture in The Romanian System of Law)

PARTICULARITĂȚI ALE JURISPRUDENȚEI ÎN DREPTUL ROMÂNESC CONTEMPORAN
(Particularities of Jurisprudence in Romanian Contemporary Law)

CONTINUITATE ȘI DISCONTINUITATE ÎN JURISPRUDENȚA ROMÂNEASCĂ
(Continuity and Discontinuity in Romanian Jurisprudence)

ROLUL JURISPRUDENŢEI REFERITOARE LA APLICAREA PRINCIPIULUI CONSTITUŢIONAL AL EGALITĂŢII ÎN DREPTURI ÎN DEZVOLTAREA NOULUI DREPT ROMÂN
(The Role of Jurisprudence Regarding The Application of The Constitutional Principle of Equal Rights in The Development of The New Romanian Law)

JURISPRUDENȚA CONSTITUȚIONALĂ - FACTOR DE STABILITATE ȘI SECURITATE JURIDICĂ
(Constitutional Jurisprudence - Factor of Stability and Legal Security)

CONTRIBUŢII ALE JURISPRUDENŢEI LA DEZVOLTAREA CONTROLULUI DE CONSTITUŢIONALITATE AL LEGILOR ÎN ROMÂNIA
(Contributions of Jurisprudence to The Development of The Constitutionality Review of Laws in Romania)

DREPT RAȚIONAL, DREPT POZITIV ȘI JURISPRUDENȚĂ ÎN DOCTRINA JURIDICĂ
(Rational Law, Positive Law and Jurisprudence in Legal Doctrine)

CONSIDERAȚII REFERITOARE LA RECEPTAREA ÎN DREPTUL ROMÂN A STANDARDELOR STABILITE PRIN JURISPRUDENȚA EUROPEANĂ ÎN MATERIA LIBERTĂȚII DE EXPRIMARE
(Considerations Concerning The Reception in Romanian Law of Standards Established by European Jurisdiction on Freedom of Expression Matter)

PROBLEMATICA ŞTIINŢIFICĂ A BIOETICII REFLECTATĂ ÎN DOMENIUL SOCIO-JURIDIC
(Scientific Problems of Bioethics Reflected in The Socio-Legal Field)

JURISPRUDENȚA - FACTOR DECISIV ÎN EVOLUȚIA LEGIFERĂRII
(Jurisprudence - Decident Factor in The Development of Legislation)

ASPECTE TEORETICE ȘI JURISPRUDENȚĂ ÎN MATERIE CANONICĂ PRIVIND PROBLEMA AUTOCEFALIEI BISERICEȘTI
(Theoretical Aspects and Jurisprudence in Canonic Matter Regarding The Issue of Church Autocefaly)

JURISPRUDENȚA – PRACTICĂ NEUNITARĂ A ART. 24 DIN LEGEA NR. 554/2004 A CONTENCIOSULUI ADMINISTRATIV
(Jurisprudence - Non-Unitarian Jurisprudence of Article 24 of Law no. 554/2004 The Administrative Contentious)

REFLECȚII CU PRIVIRE LA DREPTUL DE PROPRIETATE PUBLICĂ AL UNIUNII EUROPENE
(Reflections on The Public Property Law of the European Union)

FICȚIUNEA JURIDICĂ - CONȚINUT, ESENȚĂ ȘI FORMĂ ÎN DREPT
(Legal Fiction - Content, Essence and Form in Law)

CONSIDERAȚIUNI PRIVIND DREPTURILE OMULUI ÎN CONTEXTUL DEZVOLTĂRII TEHNOLOGIILOR INFORMAȚIONALE
(Considerations on Human Rights in The Context The Development of Information Technologies)

ASPECTE PRIVIND APLICAREA REGULAMENTULUI NR. 679 DIN 2016 PRIVIND PROTECȚIA DATELOR CU CARACTER PERSONAL ÎN ROMÂNIA
(Aspects Regarding the Application of Regulation no. 679 of 2016 on the Protection of Personal Data in Romania)

ROLUL JURISPRUDENȚEI ÎN ORDINEA JURIDICĂ A UNIUNII EUROPENE
(Role of Jurisdudence in The Legal Order of The European Union)

DREPTURILE COPILULUI VS. JURISPRUDENTA CEDO
(Rights of the Child vs. ECHR Jurisprudence)

DEFINIȚIA INVESTIȚIEI INTERNAȚIONALE ÎN HOTĂRÂRI ARBITRALE. INSUFICIENȚA PREVEDERILOR DREPTULUI INTERN ÎN MATERIE
(Definition of International Investment in Arbitration Judgments. Insufficiency of Domestic Law Provisions in The Matter)

ASPECTE PRIVIND ROLUL JURISPRUDENȚEI INTERNAȚIONALE DE MEDIU
(Aspects of the Role of International Environmental Case Laws)

O FORMĂ ATIPICĂ DE RĂSPUNDERE CIVILĂ DELICTUALĂ – RĂSPUNDEREA PENTRU DAUNELE ADUSE MEDIULUI
(An Atipic Form of Civil Liability - Liability for Environmental Damage)

CONTRIBUŢIA JURISPRUDENŢEI LA EXPLICITAREA SEMNIFICAŢIILOR ŞI AFIRMAREA PRINCIPIULUI PRECAUŢIEI
(Contribution of Jurisprudence in Explanation of Significance and Affirming of The Principle of Precaution)

PRINCIPIUL SECURITĂȚII JURIDICE ÎN JURISPRUDENȚA CURȚII DE JUSTIȚIE A UNIUNII EUROPENE ȘI ROLUL ACESTUIA ÎN DEZVOLTAREA DREPTULUI ROMÂN
(The Principle of Legal Security in The Jurisprudence of The European Union Court of Justice and its Role in The Development of Romanian Law)

OPINII PRIVIND RAPORTUL DE ȚARĂ AL COMISIEI EUROPENE PENTRU ROMÂNIA DIN 13.11.2018 ÎN CADRUL M.C.V.
(Opinions on The Country Report of The European Commission for Romania From 13.11.2018 Within The Mechanism of Cooperation and Verification)

DREPTUL LA ȘTERGEREA DATELOR CU CARACTER PERSONAL ÎN JURISPRUDENȚA INSTANȚELOR NAȚIONALE ȘI EUROPENE
(The Right to Delete of Personal Data in The Jurisprudence of National and European Courts)

ROLUL JURISPRUDENȚEI EUROPENE ȘI NAȚIONALE ÎN MATERIA INSOLVENȚEI TRANSFRONTALIERE
(The Role of European and National Jurisprudence in The Field of Cross-Border Insolvency)

EVOLUȚIA DREPTULUI PENAL PRIN JURISPRUDENȚA CURȚII CONSTITUȚIONALE
(The Evolution of Criminal Law Through The Jurisprudence of The Constitutional Court)

CONSIDERAŢII DE DOCTRINĂ ŞI JURISPRUDENŢĂ PRIVIND ASIGURAREA UNEI PRACTICI JUDICIARE UNITARE ÎN MATERIE PENALĂ
(Doctrine and Jurisprudence Considerations Regarding The Assurance of a Unitary Jurisprudence in Criminal Law Matters)

DIVERGENŢE JURISPRUDENȚIALE ALE ÎNALTEI CURŢI DE CASAŢIE ŞI JUSTIŢIE ŞI ALE CURŢII CONSTITUŢIONALE ÎN MATERIA MĂSURILOR PREVENTIVE
(Jurisprudential Divergences of The High Court of Cassation and Justice and of The Constitutional Court in The Matter of Preventive Measures)

UNELE CONSIDERENTE PRIVIND ROLUL JURISPRUDENȚEI DIN SISTEMUL SANITAR ÎN DEZVOLTAREA NOULUI DREPT ROMÂN
(Some Considerations on The Role of Jurispudence in The Health System in Developing the New Romanian Law)

INSTITUŢIA REABILITĂRII ÎN LEGISLAŢIA ŞI PRACTICA JUDICIARĂ A ULTIMELOR 5 DECENII
(Institution of Rehabilitation in The Legislation and Jurisprudence of The Last Five Decades)

JURISPRUDENȚA CU VALOARE DE LEGE PENALA
(Jurispudence With Value of Criminal Law)

RĂSPUNDEREA DE MEDIU ÎN CAZUL SOCIETĂŢILOR COMERCIALE AFLATE ÎN INSOLVENŢĂ
(Environmental Liability in The Case of Insolvency of Commercial Companies)

PRACTICA JUDICIARĂ ÎNTRE IZVOR DE DREPT ȘI ADEVĂR JURIDIC PARTICULAR
(Jurisprudence Between Source of Law and Particular Legal Truth)

SUBIECŢII RĂSPUNDERII JURIDICE PENTRU ÎNCĂLCAREA OBLIGAȚIILOR DE SERVICIU
(Subjects of Juridical Liability for Breach of Service Obligations)

ASPECTE PRACTICE PRIVIND EXCEPȚIA NECOMPETENȚEI TERITORIALE ÎN CAMERA PRELIMINARĂ
(Practical Aspects Regarding The Exception of the Territorial Incompetence in The Preliminary Chamber)

RĂSPUNDEREA PENALĂ A ALEȘILOR LOCALI – TENDINȚE DE RACORDARE LA NOILE PROVOCĂRI LEGISLATIVE ȘI JURISPRUDENȚIALE
(Criminal Liability of Local Elected - Tendencies of Compliance With The New Legislative Jurisprudential Challenges)

INTERPRETAREA LEGII ÎN CONTEXTUL NOILOR REALITĂȚI SOCIALE
(Interpretation of The Law in The Context of New Social Realities)

NORME DE INCRIMINARE INEFICIENTE ÎN MATERIA PROTECŢIEI MEDIULUI PRIN MIJLOACE DE DREPT PENAL
(Inneficient Incriminations Norms in The Matter of Environmental Protection Through Criminal Law)

PRINCIPIILE GENERALE ALE DIRECTIVEI EIA ÎN CADRUL JURISPRUDENȚEI CURȚII DE JUSTIȚIE A UNIUNII EUROPENE
(The General Principles of The EIA Directive in The Jurisprudence of The European Union Court of Justice)

UNELE COMENTARII PRIVIND MODIFICĂRILE CODULUI PENAL CARE URMEAZĂ SĂ FIE ADOPTATE, CU REFERIRE SPECIALĂ LA INFRACȚIUNILE DE CORUPȚIE ȘI DE SERVICIU
(Some Comments on The Changes in The Penal Code That are to be Adopted, With Special Reference to Corruption and Service Crimes)

ASPECTE PROCESUAL PENALE PRIVIND CAUZELE CU MINORI ÎN LUMINA DIRECTIVEI NR. 2016/800 (DIRECTIVA COPIILOR)
(Criminal Procedure Aspects Regarding Cases With Minors in The Light of Directive no. 2016/800 (Children's Directive))

CONFISCAREA SPECIALĂ. CONFISCAREA EXTINSĂ. STANDARDE PROBATORII
(Special Confiscation. Extended Confiscation. Probatory Standards.)

IMPLICAȚIILE JURISPRUDENȚEI NAȚIONALE ASUPRA MIJLOACELOR DE PROBĂ ÎN PROCESUL PENAL
(Implications of National Jurisprudence on Means of Proof in Criminal Trial)