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CORUPȚIA ‐ FACTOR GENERATOR AL CRIMEI ORGANIZATE

Author(s): Gina Negruț / Language(s): Romanian Issue: 02/2014

Organized Crime originates in the associations, cartels and criminal gangs, and screen companies, aimed at committing offences, exploiting weaknesses with the purpose of getting gains and profits, influence and power through legal and illegal means, all of which can be achieved through violence, organized traffic, extortion, corruption, manipulation, frauds and money laundering.

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CONSIDERAȚII PRIVIND DOMENIUL DE APLICARE AL REZOLUȚIUNII

Author(s): Mara Ioan / Language(s): Romanian Issue: 02/2014

If, before entering into force of the current Civil Code was obvious that the rescission/revocation of the contract was a specific effect of culpable non mutual contracts, currently opinions are not uniform, ranging from one extreme to another, respectively from its application to any contracts to strictly limit the scope of reciprocal agreements.

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ASPECTE REFERITOARE LA CAPACITATEA SUCCESORALĂ A CELUI CONCEPUT DAR NENĂSCUT DIN PERSPECTIVA PROCREĂRII ASISTATE MEDICAL

Author(s): Diana Anca Artene / Language(s): Romanian Issue: 02/2014

Medically assisted human reproduction becomes more and more a reality in the Romanian society. This new way of obtaining the attribute of a legal subject has major implications on the current sociallegal relationships and therefore, the legal concepts which are impacted by or fall under this topic should be identified. Among such legal concepts, the lineage, the obtaining of the legal capacity ‐ to undertake and fulfilled obligations as well as to acquire and exercise rights by mere event of birth ‐ and of the capacity (entitlement) to inherit such child should be mentioned. In Romania, the legislation is not comprehensive and rather ambiguous, even after the entering into force of the Order no. 765 of 27 may 2011 of the Ministry of Health and of the new Civil code.

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CONSIDERAȚII PRIVIND CARACTERELE JURIDICE ALE IPOTECII

Author(s): Ioana Panţu / Language(s): Romanian Issue: 02/2014

The right mortgage is a real right accessory, a guarantee covering a movable or immovable property of the debtor or other person, who gives up without dispossession and the mortgagee the right to demand and preference right over that good.

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O PERSPECTIVĂ COMPARATIVĂ ASUPRA CONDIȚIILOR DE FORMĂ ALE CONTRACTULUI DE DONAȚIE ÎN DREPTUL FRANCEZ ŞI ROMÂNESC

Author(s): Codrin Codrea / Language(s): Romanian Issue: 02/2014

This article intends to accomplish an analysis of the reasons behind the form conditions of the donation contract, by looking both at the French and Romanian law, and also some clarifications of the new aspects in the field introduced by the new Romanian Civil Code. The form conditions of the donation have their origin in the Roman law, and their justifications were also adopted by the ancient French law, where certain formalities were required only ad probationem. The principle of the donation’s solemnity was introduced for the first time in French law by the 1731 L’ordonnance sur les donations of Henri‐François d’Aguesseau, which was a source of inspiration for the later Napoleon Code, which provided the principle in article 931. Following the French model, the solemnity of the donation was stipulated in article 813 of the 1865 Romanian Civil Code, since it was considered that the authentic form has a protective role against the consequences of the donation on the wealth of the disposer and his family.

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CRIZA FINANCIARĂ ŞI INSOLVENȚA UNITĂȚILOR ADMINISTRATIV‐TERITORIALE

Author(s): Vasile Iancu / Language(s): Romanian Issue: 02/2014

In the introduction, the structure of the revenues for the local budgets is described and also the ways of founding the local public activities. Following that, the article describes the components, competencies and the consequences of the local financial autonomy and the local budgetary principles. The last part shows the state of financial crisis and the state of financial insolvency of the heritage of the administrative‐territorial units.

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CÂTEVA ASPECTE PRIVIND SPECIFICUL ŞI TRĂSĂTURILE ACTIVITĂȚII DE AVOCAT SALARIZAT ÎN INTERIORUL PROFESIEI

Author(s): Vlad Barbu,Cosmin Marinescu / Language(s): Romanian Issue: 02/2014

Professions, by definition, carry out an independent work, which exceeds the scope of labor law because these professions based on their intellectual effort, an effort that prevails in relation to the material used, the product developed or physical work done. Salaries within the profession is a means of exercising the profession of lawyer that a lawyer devotes its activity to practice a form which he is subordinate in relation to determining the actual conditions of work. Wage agreement contract n is not an employment contract and therefore not subject to labor law and lawyer this type of lawyer is subordinated employer (usually professional society), but making, his case will be reduced in relation to subordinate employee‐employer labor law.

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ASPECTE PRIVIND ÎNCHEIEREA CONTRACTULUI INDIVIDUAL DE MUNCĂ ÎN UNELE STATE MEMBRE ALE UNIUNII EUROPENE

Author(s): Cătălin Daniel Vasile,Ana Maria Băbeanu Măcărescu / Language(s): Romanian Issue: 02/2014

This article is analyzing the general conditions for the recruitment and hiring employees in France and analyzing general notions concerning the conclusion of the individual labor contract in Belgium. Also, Italian law is that individual labor contract agreement whereby the employee is obliged to provide work, physical or intellectual, under the direction and supervision of the employer who undertakes to pay him a salary. Next we considered some aspects of the employment contract in the Netherlands and the United Kingdom.

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VINOVĂȚIA – CONDIȚIE GENERALĂ A RĂSPUNDERII PENTRU PREJUDICIILE CAUZATE ÎN EXERCITAREA RAPORTURILOR JURIDICE DE MUNCĂ

Author(s): Stefania Dumitrache / Language(s): Romanian Issue: 02/2014

The study is dedicated to guilt as mental attitude of the perpetrator’s illegal acts causing injury, which under article 253 paragraph 1 and 254 paragraph 1 of the Labor Code is prerequisite for liability for damages caused in the exercise of legal labor relations. The central idea is that whenever there are no special rules in labor law, we apply the rules established for contractual liability and further whenever contractual liability in civil law does not know regulations, there will be applicable those relating to tort liability. This is why we have analyzed guilt and non‐liability causes as a result of eliminating the subjective element not only in terms of labor law regulations, but also those of the Civil Code.

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CONSIDERAȚII PRIVIND RESTRÂNGERILE CAPACITĂȚII PERSOANEI CARE SE ÎNCADREAZĂ ÎN MUNCĂ

Author(s): Ana Maria Băbeanu Măcărescu / Language(s): Romanian Issue: 02/2014

Human existence in society could never be conceived as separate jobs. However, there are situations where the legal capacity of person supports constraints and restrictive expressly regulated by law in order to protect the person or defense of general interests of society. Not presumed incompatibilities can not be deduced by analogy and can not be extended, they are expressly and strictly regulated by law, with exceptional character. When we speak of incompatibility must understand inadmissible employment of a particular post or functions or the provision of a particular activity.

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SITUAȚII SPECIALE PRIVIND PROTECȚIA MATERNITĂȚII DIN PERSPECTIVA JURISPRUDENȚEI CJUE

Author(s): Cătălina-Adriana Ivănuş / Language(s): Romanian Issue: 02/2014

Pregnant workers, workers who have recently given birth or who are breastfeeding must be considered a specific risk group so measures must be taken. Workers who have recently given birth or workers who are breastfeeding should not treat women on the labour market unfavourably nor work to the detriment of directives concerning equal treatment for men and women. Unfavourable treatment of a woman related to pregnancy or maternity constitutes direct discrimination on grounds of sex. EU Directives do not contain express provisions on the rights of women who use assisted reproductive procedures, either in vitro fertilization or surrogacy. In these cases the Court of Justice of the European Union would have to rule on the application of EU law.

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ASPECTE GENERALE PRIVIND PUNEREA ÎN APLICARE A LEGISLAȚIEI ANTITRUST

Author(s): Vlad Teodor Florea / Language(s): Romanian Issue: 02/2014

In a continuously transforming European society in which trade plays a crucial role, it is necessary to impose certain requirements related to the competition rules and, naturally, to the implementation of these rules. In the present study, the author first presents, the mechanisms instituted by the treaties and legal institutions relevant from the point of view of antitrust phenomenon. The approach brings to the attention of readers the most important acts of the secondary law of the European Union that aim at the implementation of competition law rules. Furthermore, the author`s analysis of Regulation No. 1/2003 (implementation of Articles 101 and 102 of the Treaty) achieve important aspects related to jurisdiction and prescription.

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MIC STUDIU DE DREPT COMPARAT ÎN DOMENIUL JOCURILOR DE NOROC ‐ PARTEA II ‐

Author(s): Marius Pantea / Language(s): Romanian Issue: 02/2014

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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NOUA FAȚĂ A TERORISMULUI

Author(s): Marius Diaconu / Language(s): Romanian Issue: 02/2014

This paper aims to propose a new vision of terrorism, an overview of modern terrorist and counter measures.

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MODELE DE ORGANIZARE ALE SISTEMELOR COMPLEXE DE ÎNALTĂ FIABILITATE

Author(s): Florentina Lincă / Language(s): Romanian Issue: 02/2014

Recent trends in risk‐based decision making are reviewed in relation to novel developments in comparative risk analysis, strategic risk analysis, weight of evidence frameworks, and participative decision making. Delivery of these innovations must take account of organisational capabilities in risk management and the institutional culture that implements decision on risk. We stress the importance of managing risk knowledge within organisations, and emphasise the use of core criteria for effective risk‐based decisions by reference to decision process, implementation and the security of strategic added value.

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ASPECTE REFERITOARE LA DEZVOLTAREA DURABILĂ: PROCES ECONOMIC, SOCIAL ŞI POLITIC COMPLEX

Author(s): Ana Maria Moraru / Language(s): Romanian Issue: 02/2014

A current concern of the modern societies is the environment, but the environment must be integrated to the economic development, because the need to achieve a balance between conservation and economic development is not an utopia, is achievable by optimizing long‐term net benefits for the population, but without significant degradation of natural resources, which supports the view that environmental protection efforts can create economic growth.

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METODELE ŞI TEHNICILE SPECIALE DE INVESTIGARE A TRAFICULUI DE DROGURI

Author(s): Laurențiu Giurea / Language(s): Romanian Issue: 02/2014

Special investigation techniques are numerous, varied and evolving, are secret and can restrict certain rights and freedoms of individuals. These techniques are audio‐video recordings, surveillance of communications and electronic transmissions, use and protection of witnesses and providing immunity to them, controlled deliveries. Illicit drug trafficking investigation require extensive use of the most modern technical methods in forensic and especially the use of modern means of investigation.

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Shall the Offender or the Participant in the Predicate Offense Be Held Criminally Liable if He/She Performs the Laundering of the Proceeds from the Committed Offense?

Author(s): Mihai Adrian Hotca / Language(s): English Issue: 01/2015

Money launderer is the name used in several specialty works in order to designate the person who commits the offense subsequent to the offense which the criminal proceeds originate from. The following question often emerges within the doctrine and the case law: May the offender or the participant in the predicate offense be a launderer of the proceeds originating from the committed offense? There can be two answers to this question. We will hereby present several points of view and we will try to express our opinion on this legal matter.

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Remand in Corruption Cases – a Possible Raft of the Medusa?

Author(s): Valerian Cioclei / Language(s): English Issue: 01/2015

Lately, in Romania, ever more deeds which might be classified as “big corruption”, namely those involving important state officials, politicians or even judges, are committed under the constitution of organized criminal groups. Most case files regarding such matters are based on accusations made by persons in remand. The present essay aims to draw attention towards the need to interpret such denunciations with great prudence, given the particular situation in which the persons concerned find themselves.

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Disorganized Crime

Author(s): Flaviu Ciopec / Language(s): English Issue: 01/2015

The organized crime literature is vast, consisting of thousands of titles, expanding daily. Apart from that, many authors are not very explicit in the manner they use concepts, assuming that “we all understand what we mean when we talk about organized crime”. Therefore, after the predecessors’ attempts to create some order in the conceptual chaos surrounding the study of organized crime, one author has managed to draw attention to a long forgotten issue. This study is about the pioneer work of Peter Reuters and his approach to understanding organized crime starting from the economic forces that shaped out the illegal markets, an environment where organized crime flourished. This approach calls for an interdisciplinary analysis of a complex phenomenon, a method which is not customary to current academic debates.

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