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Repere jurisprudențiale privind dreptul de preempțiune la cumpărarea terenurilor agricole situate în extravilan, reglementat de Legea nr. 17/2014

Author(s): Mirela-Carmen Dobrilă / Language(s): Romanian Publication Year: 0

The New Romanian Civil Code (Law No. 287/2009) regulates in articles 1730-1739 the general procedure regarding the exercise of the pre-emption right in the case of the sale contract, following the a priori or a posteriori method. Law no. 17/2014 (in force from April 11, 2014) regulates, through a special procedure, the obligation to respect the right of pre-emption for the sale and purchase of the agricultural lands loca ted outside the city limits, which belongs to the co-owners, lessees, neighbours owners and the Romanian State, through the State Domains Agency. Considering that understanding the right of preemption in its present form is not an easy task, This article aims to present in a logical manner the decisions of the Constitutional Court and of the High Court of Cassation and Justice, relevant for the pre-emption procedure and for the process of implementing the Law no. 17/2014

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Plângerea împotriva soluțiilor de neurmărire sau netrimitere în judecată, prevăzută de art.340 Cod procedură penală, în jurisprudența Curții Constituționale

Author(s): Sorin - Alexandru Vernea / Language(s): Romanian Publication Year: 0

In this paper, the author carries out a brief case-law analysis of the Constitutional Court of Romania, which is relevant for the configuration of the complaint against non-prosecution and non-indictment solutions. The article is structured in four parts. The first concerns a brief history and a list of legislative changes to the reference provisions. The second and third parts examine the case-law of the Constitutional Court of Romania with regard to Articles 340 and 341 of the Criminal Procedure Code, and the last part, acts as a conclusion, which brings together the author's considerations relating to the analysis undertaken.

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Rolul Curții Constituționale în reglementarea expertizei în procesul penal

Author(s): Adrian Şandru / Language(s): Romanian Publication Year: 0

The judge, when determining the factual framework of a criminal trial, is often required to adress to some technical issues to find out whether a particular fact meets the constituent elements of a crime. The technical support offered to the prosecutor or the judge in the criminal process should be provided by persons who have the status of expert and who prepare expert reports, which are means of evidence in the criminal process. The legislation that norms the conditions for disposition of an expert report has changed in recent years, being challenged on several occasions for constitutional flaws. The Constitutional Court of Romania through its decisions had a major role on the current configuration of the criminal procedural rules that regulate the expertise in the criminal process. In this context, it can be argued that the case law of the Constitutional Court has influenced the criminal procedural legislation in the field of scientific evidence, having particularly important consequences in the criminal cases on the role of the Romanian courts.

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Contribuția jurisprudenței Înaltei Curți de Casație și Justiție privind aplicarea recursului compensatoriu

Author(s): Vasilica-Cristinel Ionescu / Language(s): Romanian Publication Year: 0

The application of the compensatory mechanism in good conduct times, conceived as a general measure of relieving the detention institutions, as expected, has create d certain problems regarding the legal interpretation of some situations. One of these situations was the one regarding the competence of solving the application by which a person deprived of liberty requested the granting of the compensatory days for the rest of the sentence resulting from a previous conviction and which was found in the sentence in which the execution was. The legal problem was solved by the High Court of Cassation and Justice by Decision no.8 of March 11 th , 2019, a decision that we discuss in the article

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Normele de procedură penală la intersecția jurisprudenței Curții Constituționale și a Curții Europene a Drepturilor Omului

Author(s): Alina-Mirabela Gentimir / Language(s): Romanian Publication Year: 0

Current paper underlines the difficulty to establish a unitary approach, necessary for interpretation or for enforcement of legal concepts recently introduced in Romanian legislation by national or European jurisdictions. Between all new concepts specific for criminal trial, the concept of pretrial chamber represents a legal novelty challenged both from the perspective of its opportunity and its availability

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Dreptul penal între asumarea răspunderii pentru proiectul de lege și excepția de neconstituționalitate

Author(s): Tiberiu Viorel POPESCU / Language(s): Romanian Publication Year: 0

Law 286/2009 on the New Penal Code and Law 135/2010 on the New Penal Procedure Code were adopted by assuming the Government's responsibility for the draft law. The appearance of the normative acts has produced numerous changes in the legislative plan, which have not been avoided by some inadvertents, omissions or terminological errors in the field of the pursuit and sanctioning of the different types of crimes. The remedy for the deficiencies found in the active legislative fund is made through an appeal in the interest of the law by the High Court of Cassation and Justice, which gives a general „interpretation” to a matter solved differently by the courts, or by solving an exception of unconstitutionality. to the Constitutional Court, legally notified, when considering the enactment of a normative act in accordance with the fundamental law. In the latter case, the Constitutional Court had an important role in shaping the law after the entry into force of the two mentioned codes.

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Precursori ai criminalității informatice

Author(s): Mihai-Adrian Dinu / Language(s): Romanian Publication Year: 0

The objective of the present paper is to identify the main components that have led to the emergence of cybercrime, as well as to conduct a brief analysis on how elements of a technical and technological nature interact with the human factor and thus create the premises for committing crimes.

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Dezvoltarea mijloacelor de comunicare a actelor de procedură civilă în contextul pandemiei de Covid-19

Author(s): Andrei-Radu Dincă,Ioana-Anamaria Filote-Iovu / Language(s): Romanian Publication Year: 0

The context of the health crisis generated by the Covid-19 pandemic represented a good opportunity for the digitalization of the judiciary to evolve, feeling more and more the need to change the paradigm in summoning and communication of procedural acts. In this study, the authors aim to make a critical analysis of the current legislative framework, viewed from a historical perspective, of the means of communication of procedural documents, highlighting the difficulties encountered in judicial practice. In the final part of the study, the authors formulate several de lege ferenda proposals, likely to streamline the activity for the courts

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Implicațiile pandemiei în activitatea notarială

Author(s): Lidia Seceleanu / Language(s): Romanian Publication Year: 0

Resilience is achieved through synergy, the two sine-qua-non conditions in order we may not be subdued by the times and overcome such difficult pandemic times… In the notarial activity, the modern digitization measures which became necessary years before this sad pandemic period we are facing have proved to be appropriate and also mandatory as a solution within the framework of the adequate and cautious medical decisions, which need to regulate such circumstances which belong to the events of force majeure. Under such disturbing circumstances, which naturally generate solutions as well, and overreactions and errors, the notarial activity as a service of public interest has not been interrupted, moreover, the notary public being obliged to ensure the continuity of the entire category of legal facts and deeds based on which the civil legal relationships – civil circuit emerge.

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Arbitrajul internațional – audierile virtuale la un an după provocările pandemiei de coronavirus

Author(s): Cristina Ioana Florescu / Language(s): Romanian Publication Year: 0

As a result of the coronavirus crisis, it seems inevitable that the number of commercial disputes will increase and, in this environment, arbitration has proved an agile, resilient and also flexible, adaptable mechanism to the challenging times to which it is subjected. However, arbitrations have continued during the crisis not just because of the scope for controversial situations arisen due to pandemic, but also because some court litigations have been postponed or stopped for a while and especially due to the extended court closure arising from the pandemic restrictions. Therefore, the viable solution remained arbitration. Arbitration growth its strength with parties selecting it over litigation for more different practical reasons, even from the negotiation stage, when parties expressed more inclination and interest towards arbitration. The impact of coronavirus has forced arbitral institutions, parties, their counsels and other participants to act and quickly adopt new modern means of electronic case management tools to convene virtual hearings. In this respect, protocols and relevant guidelines to remote procedure have been promulgated in order to offer the necessary flexibility, the tools and a steady mechanism required to resort to arbitration. The arbitral institutions contributed to the arbitration stability and foreseeability by cooperating and issuing guides for the use of the technology in the most effective and efficient possible way, to achieve a world prepared to face this new coronavirus era. That is why we consider that these virtual tools should be adopted also for the future, to benefit of them in the post pandemic era.

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Telemunca în contextul pandemiei Covid 19

Author(s): Mariana Stan / Language(s): Romanian Publication Year: 0

The article analyzes the teleworking during the Covid-19 pandemic, a short history, conditions, benefits of teleworking, development, the need to ensure economic support in the pandemic period, and the unexpected growth of teleworking.

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Aspecte actuale ale exercițiului autorității părintești privind bunurile copilului

Author(s): Cristiana Mihaela Crăciunescu / Language(s): Romanian Publication Year: 0

:The exercise of parental authority over the child and its assets belongs jointly to both parents and it aims to ensure the conditions necessary for the child's upbringing and development of the child’s personality, as well as the protection of the best interests of the child. In the event that one of the parents is dead, missing, unable to express his or her will or if by court decision one of the parents has been granted the exclusive exercise of parental authority over the child, parental authority is exercised exclusively by one of the parents. As for the child’s assets, there is a special situation in which one of the parents is a minor, having limited ability to exercise parental authority. According to the current case law, the exercise of parental rights and the fulfillment of parental obligations regarding the child's assets encounters certain difficulties, especially in situations in which only one of the parents has the right to exercising parental authority. The problem mainly lies in the necessity and opportunity for the guardianship authority to authorize certain documents that the parent must conclude, regarding his or her child’s assets.

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RGPD/GDPR: prelucrarea datelor cu caracter personal la încheierea/executarea unui contract. Unele particularități privind prelucrarea datelor cu caracter personal în condițiile crizei Covid-19

Author(s): Mirela-Carmen Dobrilă / Language(s): Romanian Publication Year: 0

The processing of personal data is legal if the conditions of Regulation (EU) 2016/679 - GDPR are met. Regarding the legality of the processing, the article focuses on the processing of personal data under the conditions of art. 6 GDPR: processing is necessary for the performance of a contract to which the data subject is party or in order to enter into a contract. The article draws boundaries between this legal basis for processing and consent-based processing. The crisis caused by the Covid-19 pandemic brought many challenges, the article analyzing some aspects related to the processing of personal details in the context of the Covid-19 crisis.

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Considerații privind reconfigurarea percepției conceptelor dreptului natural în lumina dinamicii sociale generate de criza Sars-Cov-2

Author(s): Claudiu Ramon Butculescu,Alexandru Florin Măgureanu / Language(s): Romanian Publication Year: 0

This article tackles some aspects related to the features of the natural law school of thought, with regard to its traditional approach, as well as possible changes in the perception of concepts drawn by this current in the field of law as a result of social changes generated by the Sars-Cov-2 pandemic. Natural law is one of the most studied school of thought in law, being based on the concept of immutable and aprioristic law. Thus, the features of natural law seem at first sight unaffected by health crises in general and therefore by the health crisis caused by the Covid pandemic 19. The vast majority of natural law theorists accept a dissociation between the features of natural law, in their pure, immutable form and the perception of these features and their applicability in the mundane universe. The perception of natural law paradigms, once almost as immutable and inflexible as the essence of natural law itself, which they reflect in a still imperfect mirror, has been influenced by the obvious perceptual changes of a social nature that the pandemic has caused in the last year and a half. Consequently, this article contains some analyzes and correlations between the social effects of the pandemic and the changes that these effects have brought to the perception of natural law. The finality of the conclusions will try to illustrate a new configuration of the perception of law. naturally in a post-pandemic and even inter-pandemic universe.

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Pandemia Covid-19 - confirmare a solidității sau vulnerabilității statului de drept?

Author(s): Viorel Gheorghe / Language(s): Romanian Publication Year: 0

The Covid-19 pandemic provided the most concrete example of vulnerability of states, systems and the rule of law: from the need to reconfigure the state functionality to the non-compliance with national laws (found both in simple individuals and, worse, to certain policy makers), to undoubted speculations and the misinterpretation of law and the presence of abuse in the individual-state legal relationships. The suggestive title of this conference is meant to highlight both the social, ethical and legal controversies, internally, and those characteristic to the foreign policy. After the Second World War, the current pandemic and the reality in the public space generated the most complex legal controversies and debates in all areas of socio-political life, including doubts about the ability of states to ensure the rule of law. Along with the undoubted emergence of a new perspective on the evolution of the law system, we are not mistaken if we join the WHO President who said that the pandemic has created more problems than the damage caused by the Second World War, in some of the documents issued by various entities within the European Union, revealing a worrying reality. For this reason, and in this specific context, the state solidity will be directly proportional to the degree of appropriation and awareness that the rule of law emerges from the constitutional order, meaning that the rule of law is established by all legal rules issued on the basis and in accordance with the fundamental law, the Constitution

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Umanismul sub Corona

Author(s): Mihaela Aghenitei,Jafar Samdani / Language(s): Romanian Publication Year: 0

Humanists seek to use science creatively, not destructively. Humanists believe that the solutions to mankind's problems lie in human thought and action, not in divine intervention. Humanism supports the application of scientific methods and free thinking on human welfare issues. But at the same time, humanists believe that the application of science and technology must be tempered by human values. Science does not provide the means, but human values must propose the ultimate goal. It affirms the value, dignity and autonomy of the individual and the right of every human being to the highest possible level of freedom, compatible at the same time with the rights of others. Humanists have a duty to care for all of humanity, including future generations. Humanists believe that morality is an intrinsic part of human nature, based on understanding and care for others, which does not need external confirmation. Many people blame globalization when it comes to the epidemic caused by Coronavirus and argue that the only way to prevent other similar epidemics is to deglobalize the world. Building walls, restricting travel, reducing trade. However, although short-term quarantine is essential to stop epidemics, long-term isolation will lead to economic collapse without providing real protection against infectious diseases. The exact opposite will be created. The real antidote to an epidemic is not segregation, but cooperation.

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Codificarea legislației patrimoniului cultural și implicațiile ei juridice și sociale

Author(s): Sorin Ivan / Language(s): Romanian Publication Year: 0

The legal protection of cultural heritage is a topical issue for the Romanian political and legal world. The importance of the cultural heritage in the individual’s and nation’s life, on the one hand, the risks and threats addressed to it, on the other hand, have brought to the fore the need to strengthen and modernize the legal framework for its protection. A solution in this direction, within the framework of European developments, is the implementation of the Cultural Heritage Code. The idea has been objectified so far in the Preliminary Theses of the Cultural Heritage Code (2016). Codification of cultural heritage legislation is a necessary measure, which ensures the integration of the existing legislation in a unitary vision and in a modern, flexible and efficient legal framework. Such a legal instrument contributes to eliminating regulatory dysfunctions, overcoming the legislative vacuum or over-regulation, to conceptual unification, coherence of approach and harmonization of rules. At social level, it creates a favourable framework for raising awareness about the importance of protecting, preserving and developing cultural heritage, for increasing responsibility and involving citizens in the process of protection and conservation, for the implementation of programmes and projects in the field. Synergistically, a necessary and priority measure is the development of education for heritage, with an emphasis on the importance of cultural heritage, its protection, conservation and transmission to future generations.

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Principiul liberei circulaţii şi restricţii bazate pe motive de ordine publică, securitate publică şi sănătate

Author(s): Cornelia Beatrice Gabriela Ene-Dinu / Language(s): Romanian Publication Year: 0

Freedom of movement is one of the fundamental rights within the European Union, an essential and absolutely necessary element for the existence of the common market. This field’s acquis gives the European citizens the right to move freely within the EU in their personal and professional interests. In this dynamic field, which is evolving at the pace of the European integration process, free movement has an important social dimension. Free movement is not absolute but may be subject to certain limitations dictated by overriding interests and may therefore be restricted for reasons of public policy, public safety and health. The importance of the analyzed theme arises primarily from the fact that it is a topical issue related on the one hand to the purpose that formed the basis of the formation of the European Union, to give equal and mutual rights and benefits to the citizens of the Member States, and the main advantage was the right to free movement and, on the other hand, the current reality facing humanity in the context of the current crisis generated by the COVID-19 pandemic. The principle of non-discrimination regarding the right of residence and work within the European Union has been and will be at the heart of the free movement idea. An important aspect that makes the issue of free movement to be and to always remain relevant is the changes of political, economic, social and legislative nature at national level within the Member States of the European Union, changes that implicitly also influence the relations with the other Member State of the European Union.

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Respectarea standardelor de tratament legal al investițiilor internaționale în timpul crizelor economice mondiale, între da și nu

Author(s): Cristina Elena Popa Tache / Language(s): Romanian Publication Year: 0

The state of emergency (exceptional condition) and the alert of the rule of law show, through their legal management, repercussions on all areas and, in particular, on the economy. The result is the economic crisis received almost immediately, with an exponential spread over the entire surface of the economic map. What further affects the states in these situations is the amount of financial losses suffered. In the case of international investment law - a sub-branch of public international law, a hasty and visionless management of the effects of the state of emergency and the alert of the rule of law can devastate the state involved in this process by the considerable damages it would suffer if the courts competent international authorities would oblige it as a result of non-compliance with the standards of legal treatment of international investments. International investment is protected by international law by setting standards of legal treatment that the governments of the host states have undertaken to comply with through investment treaties. Therefore, these standards of protection must be respected even in times of crisis, regardless of the reason that generated it, the policy of attracting and maintaining an investment climate favorable to international investment being an attribute of each state. Nothing can stop an investor from changing the geography of his business, in order to protect the investment made. The issue of violation of one or more standards by states is one of the most debated at the moment, because the international arbitration practice has decisions to oblige states to significant damages. In the present study, analysis and synthesis were used as the research method interdependent analysis and synthesis through analogies developed in a comparative method.

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Principii de drept penal pentru apărarea ordinii sociale în contextul pandemiei – Covid 19

Author(s): Ion Ifrim / Language(s): Romanian Publication Year: 0

The views expressed below are intended to contribute to the clarification of theoretical and practical issues that give rise to conceptual difficulties, such as: principles of defence concerning social order, legal order, public order , in the well-known context, at present (pademia - COVID 19). In this respect, our criminal law doctrine shows that any branch of law, including criminal law, must have its own system of fundamental principles, distinct from those common to the whole system of law for the defence of public order.

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