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COMBATEREA CORUPȚIEI DIN JUSTIȚIE PRIN POLITICI NAȚIONALE ŞI INTERNAȚIONALE

Author(s): Bogdan David / Language(s): Romanian Issue: 01/2014

Corruption in the judiciary is a concern since ancient times. In recent years the subject has come to be widely debated because it is perceived as the main obstacle to the imposition and compliance "rule of law" principle that underlies any democracy. Integrity is a requirement for magistrates as their accountability mechanism: if the state granted institutional independence and adequate status, the population appears to be a legitimate requirement on judges professionalism, competence and integrity.

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CALIFICAREA NOILOR TIPURI DE CONFLICTE ARMATE DIN PERSPECTIVĂ JURISPRUDENȚIALĂ

Author(s): David Ungureanu / Language(s): Romanian Issue: 01/2014

The new types of armed conflicts highlight new aspects of the application of the international humanitarian law to the new realities of classical theaters of operations in certain situations, but the applicable provisions in the field are very vague or are missing entirely. In this context, an important role relies on the international courts which frequently have cleared some aspects of the applicability of certain rules of international humanitarian law to the reality and even to qualify some conflicts as beeing international or non‐international.

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IMPLICAȚII ALE DECLARAȚIEI DE LA PARIS PRIVIND DREPTUL MARITIM (1856) ASUPRA MODULUI DE CODIFICARE A NORMELOR DE DREPT UMANITAR INTERNAȚIONAL

Author(s): Lavinia Andreea Bejan / Language(s): Romanian Issue: 01/2014

If the idea of regulating the behaviour of the states in conflict towards certain sensitive categories of people involved in its conduct had found forms of manifestation in the previous eras, only in the second half of the nineteenth century did these rules of behaviour begin to be widely accepted and recognized in multilateral humanitarian treaties. The polarization of the international community in this period seemed to have a somewhat smaller influence in the approach of the codification of humanitarian protection norms, which was obvious even in the manner chosen for transforming the idea of limiting the suffering into legal norms with the widest possible applicability. The model used in the regulatory technique for the humanitarian field has been the one of the Paris Declaration Respecting Maritime Law from 1856 (with improvements, of course), at least until the end of the First World War.

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INSERȚIA EXCESIVĂ A GUVERNULUI ÎN ACTIVITATEA DE LEGIFERARE – CAUZĂ A DECLINULUI PARLAMENTARISMULUI ROMÂNESC ACTUAL

Author(s): Ramona Duminică / Language(s): Romanian Issue: 01/2014

According to Romanian constitutional tradition, the legislative function represents the sovereignty of the people, concretized my the fact that the state establishes rules of general conduct and mandatory rules which can be respected, if necessary, through use of force of constraint of the people and is exercised mainly by Parliament. Nonetheless, in current Romanian society, the Government intervenes more and more by exercising the legislative function through excessive use of delegated legislation and of objective accountability. Starting from this statement, the main objective of the current article is to prove that we are witnessing to the decline of Parliament as the sole lawmaking body, decline caused by its constant submission to the executive branch, among other things, given that the Government took on the supplementary duty of lawmaking these last few years.

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STATUTUL PRIZONIERILOR DE RĂZBOI ÎN CONTEXTUL CONFLICTELOR SECOLULUI XXI, NECESITĂȚI ŞI TENDINTE PENTRU CREŞTEREA SIGURANȚEI NAȚIONALE ŞI INTERNAȚIONALE

Author(s): Victoria Chiriloiu / Language(s): Romanian Issue: 01/2014

After the battle from1859, in 1862 Henry Dunant published an account of what he had seen, A Memory of Solferino, who becomes the first call on writing, regarding war victims and its protection. The law from Hague was updating the issues, reiterating the methods and the conduits of war, and the Geneva conventions made clear the law applicable when the guns talks. Especially into the modern asymmetric war, new character of combatants and victims upraise. The number of combatant women increase, also the number of women victims. Despite the ancient warfare Code of Honor,2despite de international law regulations, the dignity of women was not considerate legally as human rights issues before the Ruanda genocide.

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PREMISELE SITUAȚIEI TENSIONATE DIN CRIMEEA ŞI IMPLICAȚIILE ACESTEIA ÎN REGIUNE

Author(s): Viorel Velişcu / Language(s): Romanian Issue: 01/2014

The relations between Russia and Ukraine have raised many issues related to the Crimea and the Black Sea Fleet division. Crimean situation raised interesting legal issues because the Russian side claimed that they were not observed in 1954, procedural forms for transfer of the region from the Russian SFSR to the Ukrainian SSR, Soviet Union under the Constitution which was in force at the time. In terms of goods inheritage armed forces of the former USSR has created a unique precedent, a colossal military structure, among others possessing nuclear munitions in joint ownership remained for nearly six years.

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REFLECȚII CU PRIVIRE LA PROCEDURA DE CAMERĂ PRELIMINARĂ

Author(s): Gianina-Anemona Radu / Language(s): Romanian Issue: 01/2014

This study highlights the main innovations introduced by the law of criminal procedure in force on the institution preliminary room. The study discuss about the reasons, the rationale for which the legislature has chosen to regulate the procedure of preliminary chamber, some issues as transitional and practical situation; and an analyzes the provisions which can cause uneven practice debates and the procedure itself. The rationale for the legislature adopted the preliminary procedure room consists in deficiencies facing criminal procedural system, appearing the necessity in thinking need a modern, responsive justice imperatives of creating a tailored social expectations and increasing the quality of the public service.

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UNELE ASPECTE PRIVIND VARIANTELE AGRAVATE ALE INFRACTIUNII DE VIOL

Author(s): Ionuț Andrei Barbu,Mihaela Rotaru / Language(s): Romanian Issue: 01/2014

The text of law describing the offense of rape has undergone a number of changes among which we find some regarding the basic version of the offense, meaning that the material element thereof is more explicitly presented, and also the aggravated versions reffering to the fact of committing the rape on a relative in direct line, brother or sister. All these changes have been imposed through the existing discussions in the criminal and through the contradictory solutions given by the courts from various degrees of judgement in solving criminal cases.

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STRǍMUTAREA CAUZELOR PENALE ŞI DESEMNAREA ALTEI INSTANȚE PENTRU JUDECAREA CAUZEI ÎN LUMINA ULTIMELOR MODIFICǍRI LEGISLATIVE

Author(s): Mihai Olariu / Language(s): Romanian Issue: 01/2014

The Criminal Procedure Code provides resettlement institution during trial for the assumption that a criminal trial can not take place at a particular court, for reasons specificied expressly by law. In this study are analyzed the institutions of resettlement and appointment of another court for proceedings in the light of the recent legislative changes. Are presented under the notion and relocation, relocation procedure and the notion of the cases and procedure for appointment of another court proceedings. The study takes into account the new Criminal Procedure Code and The Criminal Procedure Code of 1968.

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CONSIDERAȚII ASUPRA INSTITUȚIEI CAMEREI PRELIMINARE, ÎN LUMINA NOULUI COD DE PROCEDURǍ PENALǍ

Author(s): Cătălin Marin / Language(s): Romanian Issue: 01/2014

According to the provisions of the Code of Criminal Procedure of 1968, a typical structure of the criminal proceedings included three phases: criminal prosecution, judgment and enforcement of final criminal decision; each such phase was delimited by certain proceedings‐related acts and, within each of these phases, certain categories of judicial bodies exercised their duties. Upon the coming into force of the New Code of Criminal Procedure, the criminal proceedings, along with the criminal prosecution, judgment and enforcement of the criminal decision, include a new phase, namely the preliminary chamber. The purpose of the procedure in the preliminary chamber is to verify, after the indictment, the competence and legality of seizing the court, as well as to verify the legality of evidence gathered and the procedural acts undertaken by the criminal prosecution bodies.

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ELEMENTE DE NOUTATE PRIVIND RAPORTUL DONAȚIILOR ÎN NOUL COD CIVIL

Author(s): Bujorel Florea / Language(s): Romanian Issue: 01/2014

The study undertakes a detailed analysis of the report donations as a form of ratio of succession, as governed by the current Civil Code. The author started from the truth, undeniable, that in a world of mosaic trends enrichment at all costs, to avoid and limit prodigalitate documents should be welcomed, along with other legal proceedings, and the interpretation and application correct rules institution report donațiilor. În content item are examined, among others, issues related to the general characterization of the report donations, persons subject to the report and the procedures for its.

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VICIILE DE CONSIMȚĂMÂNT ÎN NOUL COD CIVIL

Author(s): Andrada Mihaela Truşcă / Language(s): Romanian Issue: 01/2014

Consent means the essential, background and general condition of civil act which consists in decision to conclude a civil legal act, manifested externally. To be valid, consent (declaration of intent) must meet the following conditions: to be expressed knowingly, or come from a person with discernment, to be serious, that is to be expressed with the intention of producing legal effects, to be externalized and be freely expressed, and not to be altered by any vice of consent. We decided to analyze only the fourth condition, highlighting the changes made by the new Civil Code.

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VARIETĂȚI ALE DONAIEI ÎN DREPTUL ROMAN PRELUATE ÎN CODUL CIVIL DIN 1865 ŞI ÎN NOUL COD CIVIL

Author(s): Codrin Codrea / Language(s): Romanian Issue: 01/2014

Besides the regular donation, the civil law recognizes the donation between spouses, the stipulation for another and the remission of debt as varieties of donation. In the Ancient and in the Classical Roman Law the donation didn’t have a specific form, and the agreement of the parties wasn’t enough for a valid transfer of property. Until the Post‐classical Roman Law, when the convention of donation is recognized, the donation had to be made through a modus, the transfer of property with a gratuitous title being done only through one of the derived conventional means of acquiring property, mancipatio, in jure cessio or traditio, or through certain solemn contracts such as sponsio or stipulatio.

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DREPTUL DE PREEMPTIUNE INSTITUTIE JURIDICA NOUĂ SAU PROTIMISISUL IN CONTEXTUL ACTUAL?

Author(s): Corina Tudor / Language(s): Romanian Issue: 01/2014

The preemption right, reborn after 1989 has been also known in the old Romanian law under the name of protimis, the first document which attests the existence of this institution in the Romanian Countries is a Byzantine document from the middle of the XVth century.

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DOMICILIU VS. REŞEDINȚĂ ‐ FORMALITĂȚI PRIVIND ÎNCHEIEREA CĂSĂTORIEI

Author(s): Roxana Manea,Elena Petre / Language(s): Romanian Issue: 01/2014

Civil Code contains several provisions relating to marriage in Title II ‐ Marriage, where the legislature makes a number of references to the place of execution or publication where appropriate, acts using the term "domicile or residence ..." . Question whose answer we seek is to determine the intention of the legislature in the sense of choosing one or the other of the two listed alternative basically which of the two prevails.

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EFECTELE FIDEIUSIUNII

Author(s): Ioana Cristina Panţu / Language(s): Romanian Issue: 01/2014

Le cautionnement donne lieu à des effets spécifiques, qui ne se trouvent pas dans le cas d'autres garanties. Le Code civil roumain, en matière de garanties, avait la source d'inspiration dans le Code civil du Québec, mais il y a quelques différences entre les deux et la réglementation du Code civil de 1864.

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ABUZ DE POZIȚIE DOMINANTĂ –STUDIU DE CAZ MICROSOFT

Author(s): Laura Maierean / Language(s): Romanian Issue: 01/2014

Competition policy is an important part of economic and industrial policy becomes increasingly prominent as the domestic blank. The abuse of a dominant position is a manifestation of anticompetitive practices, along with agreements, decisions and concerted practices. A company that has a monopoly on the market of a product will have a high degree of autonomy in terms of prices. As the number of competitors increases, there is a weakening of the autonomy.

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ACORDAREA AJUTORULUI DE MINIMIS

Author(s): Vasile Iancu / Language(s): Romanian Issue: 01/2014

Actual and concrete references are being made when the Department of Small and Medium enterprises, business environment and turism intervenes by allocating budgetary loans from the state budget under the form of „minimis aids”.A form of state aids, with a relatively small economic share, they do not influence the trade between the member states of the European Union. These aids do not inhibit the competitors, they are not subjected to the legal proceedings of the notification and are not part of the Commision’s investigation area.

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MIC STUDIU DE DREPT COMPARAT ÎN DOMENIUL JOCURILOR DE NOROC

Author(s): Marius Pantea / Language(s): Romanian Issue: 01/2014

This year The European Casinos Association (ECA) presented the first activity report of the industry it represents, which contains data and information of general interest for the MS of the EU. In this article we analyze the relevant data in the report complemented by some personal opinions of the author. Taking into consideration the large amount of information we will analyze the regulations and statistics for each MS which allow the organization of gambling in several parts.

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TRAFICUL ŞI EXPLOATAREA PERSOANELOR VULNERABILE

Author(s): Ligia-Teodora Iliescu / Language(s): Romanian Issue: 01/2014

Human trafficking has been increasing steadily in recent years, becoming a national and international problem. Phenomenon is not episodic, involving a large number of people, knowing deep social and economic connotations, demonstrating profound violation of fundamental human rights and becoming a constant problem that worsens.

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