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The rapid and drastic developments in public health caused by the Covid-19 pandemic have put enormous pressure on the economies of all EU member countries. This has led, in turn, to pressure being put on European governments and leaders to find solutions in order to alleviate the strong economic impact of this crisis. In the conclusions of the Special meeting of the European Council from 17-21 July 2020, the European Council explains that emergency measures have to be adopted in order to prevent “a collapse of the economy”, and on “mitigating the socio-economic damage”. Even though the subjects discussed were related to the economy, especially in the form of two economic packages – Multiannual Financial Framework (MFF) and a Recovery effort in the context of Next Generation EU (NGEU) – their implications are not limited to the economy, but touch the on the institutional and constitutional order of the European Union. The fact that changes are needed in order to adapt the European Union to these new economic challenges is not hidden by the Council, which states that, in order to deal with the social and economic damage, transformation, convergence and resilience are needed. The severe economic problems that the EU member states are facing have appeared in an already complicated political landscape, the rule of law being dangerously bent in some states. In the last years, there have been discussions about the EU protecting the rule of law in its member states, and the possible solution of conditioning EU funds. This is actually another instance in which the Council has extended the rights and powers of the Commission, by introducing a ‘conditionality regime’. Its purpose is to protect the EU budget, as well as the NGEU. The actual measures were not named, only the two aspects to be protected: the EU’s financial interests and the respect of the rule of law. The Council’s concluded that the Commission is to propose a set of measures which will be adopted by the Council using the qualified majority decision making procedure. Analysts have divided opinions on the lack of clarity regarding the actual terms of the conditionality regime: some consider that the ambiguity is strategic, so that leaders that have been criticised for their transgressions regarding the rule of law do not oppose the conditionality regime, while other consider that this could mean that veto powers could be involved, which would make this procedure ineffective. In my opinion, the EU has been preparing for a conditionality regime for a while and this is a concrete step into this direction; the initial ambiguity was necessary in order to avoid strong opposition from the political leaders that are directly affected. In conclusion, there were several historic decisions with impact on the functioning of the European Commission at the European Council’s July 2020 special meeting. Some were related to crisis situations only, such as the authorization to borrow funds directly, the while others have long-lasting impact, such as the concrete steps in the direction of establishing a conditionality regime. Even though many of these institutional changes are not permanent and have a clear end-date, these could also provide a model for future crises of the EU, as well as consolidate the role of the Commission in special circumstances.
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The first part of the study dedicated to the ineffectivness of the bequests analyzed the nulity of the bequest, and in part, the revocation of bequests, more specifically, the voluntary revocation of the bequest, following that in this second part of the study we presented the tacit revocation of the bequest and in the present study we analyzed the judicial revocation of the bequest.
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Having a social situation deduced to the court, not regulated by norm in the form of putting under interdiction for the transitional period the declaration of unconstitutionality art. 164 of the Civil Code, the judge is required not to refuse the judge. We advance an opinion substantially different from the majority typologies, based on art. 5 para. 2 with the legal treatment prescribed by art. 5 para. 3 Code of Civil Procedure, respectively in art. 1 para. 1 and para. 2 Civil Code.
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Intercountry adoption must be studied in the light of the following regulations: art. 2607-art. 2610 Civil Code, art. 453 Civil Code, Law no. 273/2004 on the legal regime of adoption republished and amended, Methodological rules of 10 August 2016 for the application of Law no. 273/2004 on adoption procedure, the revised European Convention on the Adoption of Children of Strasbourg, the Convention on Protection of Children and Cooperation in respect of Intercountry Adoption of The Hague, bilateral conventions and legal assistance treaties concluded by Romania. We proposed to study the provisions of Article 453 of the Civil Code which states: “the conditions and procedure of international adoption, as well as its effects on the child's nationality, shall be established by special laws” to present and analyse the Law no. 273/2004 on adoption procedure, republished and subsequently amended, which is the special normative act referred to in Article 453 of the Civil Code on international adoption. Law no. 273/2004 on adoption procedure republished and subsequently amended regulates “Intercountry adoption procedure” in Chapter IV (art. 60-art.74). Thus, dedic: - Art. 60-art. 63 contain general provisions on intercountry adoption procedure. - Articles 64 to 71 are devoted to the administrative procedure of intercountry adoption prior to the referral to the court. - Articles 72 to 74 govern the court's granting of the intercountry adoption. We will also study the Methodological Rules of 10 August 2016 for the application of Law no. 273/2004 on adoption procedure.
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After the fall of the communist regime, the new constitutional and social order imposed the adoption of legislative measures that would allow certain categories of people to acquire ownership of certain types of housing. In this material, attention will be focused on the provisions of Law no. 85/1992, normative act which provides for the possibility to purchase dwellings built from the funds of former state enterprises, the discussions being focused more precisely on the way in which the lands afferent to the alienated dwellings end up in the property of the buyers. The material presents: 1. The legal framework established by the Decree - law no. 61/1990, 2. The legal framework established by Law no. 85/1992, 3. Law no. 15/1990 - The legal mechanism by which the former state enterprises were transformed into commercial companies, 4. The opinions expressed by the Constitutional Court of Romania regarding Law no. 85/1992, 5. Opinions expressed by the High Court of Cassation and Justice, 6. Defining the concept of “land related to housing”, 7. Jurisprudential landmarks on the concrete legal mechanism by which homeowners can obtain recognition of ownership of land.
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The city faces multiple interests, and in order to achieve urban development these interests must be managed. The guide in this management is claimed to be the public interest. Legislation is about the public interest and we sometimes talk about it, which is why this material will be divided into two parts, with a first part of brief legislative reporting and a second part of personal searches. The article is a search essay, on the outskirts of the Romanian city, which starts from the top of the Romanian legislative framework and continues with reflections on man and the public interest, on man and urban transformation and on the public interest and urban transformation. In the end, it turns out that urban development starts with the formation of communities, the choice of altruistic leaders and patient work.
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Through The present article we propose to bring into attention the theory of sustainable development in tourism, invoking also the necessity of a coherent legislative constructions in the field. We point out that although there is no legal basis in the EU treaties for a common politics in the field of tourism to focus on the pillar “tourism ‒ as a branch of activity”, The Maastricht Treaty has provided for the first time measures in the field of tourism in the activity list that will beneficiate of the communitarian support. It is presented the general actual frame of the tourism legislation in Romania and it is underlined the fact that although according to the Rule established by the art. 1 from O.G. 58/1998 regarding the organization and the development of tourism activity in Romania “the tourism represents a priority field of the national economy”, the tourism law – declared “zero priority” by the successive ministers to lead the relevant ministry, remained at the project stage. At the same time, the incoherence in transposing the EU Directives into national legislation is relevant, being invoked the Pilot File EU 7052/14/JUST opened by the European Committee who notified Romania for remedying as soon as possible the problems related to the insurance system. Instead of conclusions, we believe that it is necessary for decision makers to be aware that without a coherent legislative and institutional construction, the sustainable development of tourism remains at the level of a simple utopia.
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Art. 10 of Law no. 241/2005 has raised debates since the adoption of this law and has undergone changes over time, the legislator oscillating between the desire to drastically punish persons who have committed tax evasion offences and to quickly recover the damage caused by committing such offenses. In this article, these provisions are analyzed, in the light of the most recent amendments brought by Law no. 55/2021, being highlighted the problems that appeared in the judicial practice prior to these changes, the possible solutions, the conditions of applicability of art. 10 at present, as well as some problems of interpretation that may arise, including in certain special cases.
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Any branch needs a sum of well-established rules able to assure the proper functioning of its activity and forensic science is one of the modern sciences which appeared as a response to the necessity of a permanent work on improving all the techniques and tactics which are used by the specialists who are involved in the forensic proceedings, more exactly in doing the on-site research activities. Through all these proceedings, forensic comes as an indispensable tool during the criminal trial so that the authorities, the specialized and competent bodies are to give a final decision taking into consideration solid evidences which are able to demonstrate that the crime, which is the subject of the cause, was committed exactly by the person who was successfully identified by the criminologists after analyzing the evidences found at the crime scene. The principles of forensic investigation count six fundamental rules provided from the common law and also from the specificity of this field, but the most important aspects regarding them is the fact that the interest is not targeted to blaming and finding someone’s guilt, but to finding the real identity of the offender as long as justice is accomplished only when the punishment is given to the right person in order to show and remind that no crime is perfect and where there is a crime, there are evidences.
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In the general context of an increased digitalized society, where Artificial Intelligence systems become more and more present in our lives, penetrating various domains, the present article aims to analyze the impact of A.I. towards the rights to equality and non-discrimination. We’ll address the concept of Artificial Intelligence from the perspective of the numerous definitions that were attributed to it, as well as in the light of the regulations of The Proposal For A Regulation Of The European Parliament And Of The Council Laying Down Harmonized Rules On Artificial Intelligence (Artificial Intelligence Act) And Amending Certain Union LegislativeActs.
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Controversy over how human rights are respected in the United States has been going on for more than half a century, and is constantly fueled by a series of unfortunate events that manage to undermine the ideal of social behavior that The Ten amendments of the US Constitution wanted to promote among American citizens. In this article, we treat the evolution of this subject over time, focusing on the major changes that have taken place in the protection and promotion of human rights in American society. U.S. legislative procedure in the field of protection, promotion and respect for the rights of the American citizen is constantly changing, contemporary realities create new legal situations, whose enactment is necessary. The historical progress that U.S. law has made in the 230 years since the first amendments to the U.S. Constitution have shown that, in order to guarantee the full observance of all human rights without discrimination of any kind, a comprehensive legislative framework is not enough, but a rational application of it in society is needed, as well as awareness of the effects of its non-compliance towards all American citizens. The events of recent years have shown that it is the general discontent that precedes the protests and civic riots in American society that starts from unequal treatment, discriminatory against citizens, and not from legislative gaps that favor such behavior.
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In July 2021, several legislative acts were published in the Official Journal, among which we mention: Order of the Minister of Justice no. 3897/C/2021 regarding the medical scale elaborated by the commission constituted by the Order of the minister of justice and of the minister of health no. 3.873/C/1.338/2021; Decision of the Plenum of the Superior Council of Magistracy no. 119/2021 approving the Regulation on admission to the National Institute of Magistracy; Decision of the Plenum of the Superior Council of Magistracy no. 120/2021 approving the Regulation on the organization and conduct of the competition for admission to the judiciary; GD no. 744/2021 on supplementing the maximum number of positions for the Directorate for the Investigation of Organized Crime and Terrorism; Order of the Minister of Justice no. 3727/C/2021 on updating the number of notary public positions for the judges of the High Court of Cassation and Justice for 2021; Law no. 192/2021 on some temporary measures regarding the competition for admission to the National Institute of Magistracy, the initial training of judges and prosecutors, the graduation exam from the National Institute of Magistracy, the internship and skills examination of trainee judges and prosecutors, as well as the competition for the admission to the magistracy. Moreover, in July, several legislative acts were amended, among which: The methodological norms for the application of the Framework Law no. 153/2017 on the remuneration of staff paid from public funds for staff in the penitentiary administration system, approved by Order of the Minister of Justice no. 2.415/C/2018; Law no. 51/1995 for the organization and exercise of the legal profession; Criminal Code and Code of Criminal Procedure. At the same time, the ECHR Decision in Case L. v. Romania was published in the Official Gazette in July (Application no. 22.078/13).
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Also, regarding the activity of the High Court of Cassation and Justice (Panel for resolving a matter of law), four decisions were published regarding the Criminal Code and the Framework Law no. 153/2017 on the remuneration of staff paid from public funds.
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The present article aims to offer an incentive to debate whether one can consider that – through the Law no. 221/2019 – Romania has legislated against bullying. It is said that there is only a Law of Education (which, unfortunately, is one of the most amended organic laws), the contents of which make reference to bullying. It notes the attention paid by NGOs, which have signaled the stringent need for “the legislation to offer the possibility of intervention”. From a judicial viewpoint, it summarizes the solution which inspired an online article on Juridice.ro: “The Constanţa Court of Appeal pronounces the first conviction for bullying”. From a legal perspective, it showcases the provisions of Law no. 221/2019 and the Methodological Norms which objectionably add to primary legislation. It is shown that the legislator stopped at defining “psychological violence – bullying” and prohibiting bullying-type behaviors in schools and all other spaces reserved to education and professional training, yet failed to provide the legal consequences of disobeying this interdiction. In case of a consumed act of bullying, it claims that one ought to continue to apply the general rules or attempt mediation, as a form of restorative justice invoked in the Methodological Norms that accompany the law.
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In the Romanian Patriarchate 2021 has been dedicated, among other things, to the commemoration of those who passed to the Lord, and, as an unfortunate coincidence, it would also be the year of challenges for the religious burial service due to the “pandemic”. Relatively recent events have focused on this specific practice, which is why some clarification are required, especially because religious burial is intimately linked to religious freedom.
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