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Cum învăţăm să scriem legi
Numărul 3 Anul 2021
Numărul 3 Anul 2021
Using the author’s own experience throughout twenty of the thirty years of post-1989 Romanian legislation, this article analyses the ways in which those entitled to initiate draft normative acts, learn to do so by drafting and substantiating them, so that, after their entry into force, they can achieve their initial purpose. The examples used, highlight the not only the multitude and unpredictability of the rules, which lead to legal uncertai...
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O abordare evolutivă succintă a legislaţiei și surselor dreptului internaţional privat român după anul 1989
Numărul 3 Anul 2021
Numărul 3 Anul 2021
This study reveals two issues: a perspective on the common legislation of Romanian private international law after 1989 and the constitutional base of Romanian private international law, by reference to the Romanian Constitution of 1991. The original idea of the study is that it shows a new conception of relevant constitutional terms in respect of the alien and the citizen, from a perspective of private international law.
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Supremaţia și stabilitatea Constituţiei. Comportamentul constituţional loial al autorităţilor publice
Numărul 3 Anul 2021
Numărul 3 Anul 2021
The procedure for amending the Constitution is extremely difficult, almost impossible in the current social and political context. The essence of a constitution is its stability over time because only in this way can ensure the stability of the entire normative system of a state, certainty and predictability. the conduct of legal subjects but also to ensure the legal, political and economic stability of the social system as a whole.
The ...
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Studiu cu privire la regimul juridic al unor drepturi bănești ale personalului din sectorul bugetar
Numărul 3 Anul 2021
Numărul 3 Anul 2021
The income situation of employees paid from public funds has been a thorny issue since 2004. The law on the status of civil servants at that time enshrined the right to two salary components, which the legislator later suspended. Ruling on this suspension, the Constitutional Court of Romania has shown that, at the expiration of the suspension period, the normative act or the provision affected by the suspension re-enters into force. They also ...
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Exercitarea dreptului de preempţiune la vânzarea terenurilor agricole, în dispoziţiile legilor speciale
Numărul 3 Anul 2021
Numărul 3 Anul 2021
The right of preemption in the sale of a good is, as a rule, regulated by law.
The main issue of theoretical and practical interest, which is limited to the institution of the right of preemption, is its exercise by its holders.
The exercise of the right of preemption in the sale of a good is regulated differently in the provisions of the Civil Code, compared to those contained in the special laws.
In the above context, th...
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Aspecte privind infracţiunea de nerespectare a hotărârilor judecătorești. Impactul reconfigurării laturii obiective a infracţiunii de abuz în serviciu asupra valorilor sociale
Numărul 3 Anul 2021
Numărul 3 Anul 2021
The purpose of this paper is to analyze the crime of non-compliance with court decisions, on the one hand from the perspective of the requirements of the right to a fair trial that the suspect or defendant should benefit from, and on the other hand from the perspective of the legal consequences produced by the legislative construction represented by the provisions of art. 297 of the Criminal Code, as its objective side was reconfigured in term...
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Un subiect devenit supărător – acordarea cheltuielilor de judecată intervenienţilor accesorii
Numărul 3 Anul 2021
Numărul 3 Anul 2021
The article discusses the possibility for the third party to recover his own legal costs from the losing party, in the case of admissible accessory requests for voluntary intervention. The author notes that in practice this problem has been solved differently, a reason for which he argues in favour of the need to bring an appeal in the interest of the law to the High Court of Cassation and Justice, in order to ensure the correct and consistent...
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Despre obligaţia societăţilor constituite potrivit Legii nr. 31/1990 de a respecta regimul protecţiei datelor
Numărul 3 Anul 2021
Numărul 3 Anul 2021
The general data protection regulation is the culmination of much tougher legislation in this area. Most of the companies established according to Law no. 31/1990 does not have to take special measures to comply with this legislation, but all companies must be diligent in their dealings with data subjects and the national supervisory authority. More needs to be done to raise awareness of the obligations in this area, involving authorities, non...
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Consideraţii asupra dispoziţiilor privind măsura detenţiei de ordin medical social a persoanelor infectate cu SARS-CoV-2 în lumina Deciziei Curţii Constituţionale nr. 751 din 20 octombrie 2020
Numărul 3 Anul 2021
Numărul 3 Anul 2021
Soon after the end of the state of emergency determined by the COVID-19 pandemic in Romania, the Constitutional Court ruled on the provisions that would have allowed the Minister of Health to impose the involuntary hospitalization in the case of persons infected with SARS-CoV-2. The declaration of unconstitutionality of article 25 (2) the second thesis of Law no. 95/2006 on health care reform led to the enactment of the Law no. 136 of 16 July 2...
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Aspecte tactice și procesuale privind audierea martorilor în procesul penal (Partea a II-a)
Numărul 3 Anul 2021
Numărul 3 Anul 2021
The commission of a crime obliges the state to take measures to establish the circumstances that determined it and to identify the perpetrator, in order to finally order, if it is necessary, to engage his criminal liability and apply a penalty provided by the law.
The conviction of the defendant for committing a crime may be ordered, according to art. 103 para. (2) C. pr. pen., only if the judicial bodies prove, beyond any reasonable do...
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Respectarea normelor constituţionale de procedură legislativă și cum protejează Curtea Constituţională legiuitorul de el însuși
Numărul 2 Anul 2021
Numărul 2 Anul 2021
Emphasizing the importance of complying with the legislative procedure, as a premise for ensuring quality legislation and as a guarantee of legal certainty, the article presents situations in which the Constitutional Court has found, through the systematic interpretation of the rules which ensure the constitutional framework in the field, the unconstitutionality of some laws/ legal provisions on grounds related to the legislative procedure.
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Eșecul relativ al regulilor
Numărul 2 Anul 2021
Numărul 2 Anul 2021
The regulation by means of rules of matters that depend on circumstances, such as freedom of expression, is atypical and contraindicated. It involves difficulties for most jurists who have been trained in the spirit of faithfulness toward the text of the rules. The author distinguishes between legislation through rules and legislation through principles, highlighting the advantages and disadvantages of these methods in a particular situation:...
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Ferice de omul care găsește înţelepciunea și de cel care a dobândit pricepere! (Pilde 3:13)
Numărul 2 Anul 2021
Numărul 2 Anul 2021
Legal research can be surprising: as explicit and adapted are some provisions for the recipients needs, as reglementations of other areas may be difficult and even absurd.
Keywords:
legal research, franchise, regulation...
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Lungul drum al normei către consecinţe
Numărul 2 Anul 2021
Numărul 2 Anul 2021
I intend to describe the „meeting with the law” from the perspective of any given individual. For her or him, „the meeting with the law” means experiencing the consequences of the law, at the end of a chain of human interactions, with variable length and complexity. The legal literature maps only one segment or few segments of this chain of human interactions.
...
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Infracţiunile incriminate în cuprinsul Ordonanţei nr. 43/2000 privind protecţia patrimoniului arheologic și declararea unor situri arheologice ca zone de interes naţional
Numărul 2 Anul 2021
Numărul 2 Anul 2021
In this study, we will analyse the offences incriminated in the Government Ordinance no. 43/2000 on the protection of archaeological heritage and the declaration of archaeological sites as areas of national interest.
Given the increase in the number of offences on the archaeological heritage, as well as the limited knowledge of the legislation in question, we consider it useful to analyse the constituent elements of those of...
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