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The right to a fair trial and settlement of cases within a reasonable time is a rule taken over by the Romanian constituent from the European Convention for the Protection of Human Rights and Fundamental Freedoms the ultimate purpose of which is to assure the quality of justice delivery, and effectively secure the fundamental right of free access to justice for the persons seeking justice. In civil proceedings, the judge draws conclusions and renders a judgment on the basis of the evidence produced in the case – da mihi factum, dabo tibi ius. The judge’s intimate belief as to the truthfulness of the facts presented relies on a correct and complete evidence production exercise, as well as on the value of the evidence thus produced. In the civil proceedings heard by the Romanian courts of law, evidence is usually produced in the written stage of such proceedings. The New Civil Procedure Code contains general provisions about the production of evidence which were not available in this form under the previous legislation. The law-maker rendered the exercise of a right conditional upon the effective exercise thereof within a certain period of time with a view to putting in place an indispensable climate of order, and thus preventing any abuses and protecting the rights and legitimate interests of the other parties, but without prejudice to the realization of the free access to justice
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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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A judicial authority found the crime against the background of initiation of actions for the establishment and functioning in accordance with the law of T.R.C. II R.F. High School from T.M. On 2017 the Law was passed establishing the T.R.C II R.F. High School from T.M. for legalisation. By decision no. 118/19.03.2018, Constitutional Court sustained the objection of unconstitutionality, noting that the above-mentioned Law was unconstituional. Neither the measures initiated at public institutions within the executive authorities nor cases pending before the courts failed to legitimize the set up of above-mentioned High School, the fundamental right to learn of interested people being not respected.
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In fulfilling the constitutional role of ensuring the unitary interpretation and application of the law, the High Court of Cassation and Justice has a new mechanism, namely that of issuing a preliminary ruling for the disclosure of some questions of law, together with the other mechanism available to the supreme court and namely the appeal in the interest of the law. Unlike an appeal on points of law, pursuing the same goal, namely the unification of jurisprudence, preliminary rulings do not intervene after the final resolution of cases but before resolving them, so they can not affect the criminal judgments already delivered. That we face a mechanism that does not value an appeal but is a procedural incident which solves a question of law has arisen in an ongoing process and depends on the merits unraveling.
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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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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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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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: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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The author analyzes the methodological concepts that have been used over the decade in the writing of the history of the Second World War in Bosnia and Herzegovina, as well as in the other republics of the socialist Yugoslavia. He also writes about how this history was written in the last 30 years. Finally, he proposes how this topics should be approached and written today. In the era of socialist Yugoslavia, so-called “partisanship” was at applied, in other words, a way of thinking and ultimately a text that was “permeated” or to which the “communist Party” way of thinking was imposed. Since 1990, after the democratization and independence of BiH, the space of freedom has opened up. However, some historians began to produce “our history” in ethnic sense. Historians elsewhere evaluate this idea as provincial and politically driven propaganda. Fortunately, a number of papers have been published in recent years that have taken strong steps in the right direction-ideologies are analyzed, the history of violence is analyzed, attempts are made to fathom into its deeper sociological causes, into the psychological motives of the individuals.
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Many local monographs were published in Bosnia and Herzegovina in the period between 2001 and 2017. Most of the monographs were related to villages, while the monographs of cities were somewhat less represented. Local history data also includes monographs on schools, businesses, sports clubs, cultural and artistic societies and families. This paper analyses the monographs from the western and northern parts of our country (Bosnian Krajina and Posavina). Local monographs seem to be increasingly popular and are read more than scholarly works in general and national history. Many local monographs at the same time do not deliver particularly high quality. Moreover, the quality of most of these monographs could be described as average or even below that. The problem is that local monographs are mostly written by persons who are not historians nor have any foundation in history criticism. Usually these authors do not distinguish between their sources and literature. Works by most of them do not have a critical apparatus in the form of notes, and their records can hardly be verified. Sometimes there is not even a list of sources and literature, and if there is one, it is modest at best, while their archival work is unknown. Wherever historians were hired as authors or co-authors, these local monographs are of much better quality. Similar can be said of those monographs whose reviewers were historians. Therefore, most local monographs have historiographic significance but not greater scientific value. The necessity of systematic study of local history imposes itself as the solution, where the best course of action would be to engage historians, especially young and talented researchers who have distinguished themselves during their undergraduate studies or have successfully completed master studies in history, and yet are jobless in their profession. This would create a dual benefit: we would get better quality monographs of villages and cities and, for the most part, would solve the problem of unemployed historians, who are increasingly present in the labour market. This would be a job for a municipal or city historian, who would not only do the work of writing local monographs, but also other tasks in the sphere of public and cultural life of the municipality or city in which they live. In order to realize this noble idea, it is necessary to have joint approach of the departments, faculties, universities, museums, archives, academies, or associations towards the institutions of government. Furthermore, greater engagement is needed in the future in order to ensure better study of local history in schools. The implementation of this idea would bring multiple benefits – greater knowledge of students about the past of their homeplaces and securing a teaching standard, with the possibility of hiring those history professors who do not work in their profession.
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This study represents an assessment of Law no. 151/2015 both from a scholarly point of view and especially from the point of view of the recent case-law. Upon analyzing this piece of legislation from a comparative standpoint as well as from the perspective of the specificities pertaining to the Romanian judicial system, we believe that the goal pursued by the legislator would be easier to achieve if an amendment/supplement were made that would aim at fine-tuning certain texts that had caused difficulties in practice.
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Sper să n-ai nimic împotrivă că scriu în germană. Engleza mea e încă destul de mizerabilă, ceea ce reprezintă un handicap teribil. Că citești mult, e un imens avantaj, chiar dacă nu sunt decât romane sociale - nivelul romanului social englez corespunde ca gen neîntrecutului roman polițist american -, în timp ce eu n-am citit nici măcar un rând, fiind reținut de Vergiliu, și cu engleza de baltă pe care o vorbesc din când în când nu se poate pătrunde în spiritul limbii.
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Eram plecat când a sosit scrisoarea dumneavoastră și sufeream de o destul de neînsemnată boală a ochilor, care însă nu-mi îngăduie nici în acest moment să scriu eu însumi, fapt pentru care vă rog să iertați întârzierea acestui răspuns.
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As a field of research, Ottoman war history become enriched on the aspect of resources, research papers and methods. Particularly new findings are on the production of weaponsand their technology, military installations, logistics of war, strategies of wars, provisions, soldier enrollment, payments and assignment. Those developments on the subject is thanks to discoveries about the field evidences, new archive sources, maps, and similar collections and economic supports to the researches. Its been known that Ottomans recorded their actions since the beginning. Because of this there are lots of diffrent kinds of written sources in the “Devlet Arşivleri Başkanlığı”. Those documents are particular importance to the states, historians and institutions. One of those particular written source is “Kale Mühimmat Defterleri”. Those series of documents includes the primary informations on Ottoman castles and castle organisation and ammunition. This work focuses on the castle ammunion and syllabus records wich has a list concerning on the ammunition and other tools wich used at war. The aims of this work are to describe the form and function of those records and explain their contents and survey their importance on the basis of military and organisational history. To make clearly understandable the informations on those records have, five of them selected to be examined. And on the proper places in the work other similar records used to enrichment of the subject. Document examination method has been used this work and within the plan the informations on those records listed.
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Globalizaciju svjetskog gospodarstva prate globalni problemi, a globalni problemi zahtijevaju globalna rješenja na temelju ideja, vrijednosti i normi, koje poštuju sve kulture i sva društva. Priznanje jednakih i neotuđivih prava svih ljudi zahtijeva utemeljenje u slobodi, pravednosti i miru – no jednako tako zahtijeva da se pravima i dužnostima pruži jednako značenje kako bismo sagradili etički temelj koji će omogućiti da svi muškarci i žene mogu miroljubivo živjeti u zajedništvu i ostvariti svoje potencijale.
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The edition of the Alexis Curvers’ diary (Liège, 1906-1992) allowed us to discover a man anxious to produce an artwork, a novelist terribly anxious in the face of the blank page. Despite all the reserve and modesty, Curvers admits this anguish: he receives many encouragements but also suffers the reproaches – even the mockery – of his friends, wife, mentors who believe that he does not produce enough or fast enough. He took a long time to finish his masterpiece, Tempo di Roma, finally published in 1957 and when he died, we will find in his drawers only one unfinished novel, although begun shortly after the publication of tempo di Roma, Les Détours obscurs, whose title could be considered a metaphor for the novelist’s writing process.
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