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Pagina 11 din 19
Despre reședinţa alternantă în România – aspecte teoretice și practice
Numărul 2 Anul 2021
Numărul 2 Anul 2021
In the family, this melting pot of relationships, values and feelings, the child receives the strength and main impetus of his development. The separation of the parents, the division of the whole, must be managed with maturity, without favouring one parent at the expense of the other, in order to maintain the balance in the child’s life, the stability and the continuity of his education.
The new Romanian Civil Code, inspired by the Fre...
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Dreptul la informaţie în România – exigenţe constituţionale, infraconstituţionale și jurisprudenţiale
Numărul 2 Anul 2021
Numărul 2 Anul 2021
The right to information was provided in the Romanian Constitution in 1991 and its legal reception was achieved in 2001 by Law no. 544/2001 on free access to information of public interest. The late consecration of the right to information did not prevent this right from materializing and shaping from other categories of fundamental rights and freedoms. The right to information is associated internally with free access to information, especial...
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Pledoarie pentru neretroactivitatea actelor administrative de stabilire a veniturilor salariale
Numărul 2 Anul 2021
Numărul 2 Anul 2021
The issuance of administrative acts aimed at reducing salaries for past periods is based on the breach of the obligation of good administration and the principles of protection of legitimate expectations, legal certainty, non-retroactivity and recognition of acquired rights, as well as excess of power, all corroborated with error communis facit ius. The retroactive application of such administrative acts means, in our view, an intolerable anom...
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Tendinţele axiologice imprimate sistemelor constituţionale contemporane sub impulsul post-modernismului
Numărul 2 Anul 2021
Numărul 2 Anul 2021
Some of the more or less recent evolutions of the political philosophy can be interpreted as an attempt to overcome the modernity. According to them, the western countries that have been conceived as modern states should enter into a new phase of evolution, the postmodern one. This would suppose a new kind of state, the postmodern state, whose constitutional law would be different from that of a modern liberal state. The evolution is ongoing a...
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Decizia Curţii Constituţionale a Germaniei din 29 aprilie 2021 și rolul său în progresul dreptului climei
Numărul 2 Anul 2021
Numărul 2 Anul 2021
Considered to be the most important decision up to now of the Federal Constitutional Court of Germany in the field of environmental law, the decisions of April 29th, 2021, by which certain provisions of the law regarding climate protection of 2019 have been declared unconstitutional, is a continuation of the previous European precedents (especially the Dutch experience – the „Urgenda” case, and the French “Affaire du siècle”), enriches their m...
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Procesul de legiferare în era digitală
Numărul 1 Anul 2021
Numărul 1 Anul 2021
The article analyzes the influence of the development of digital services and technologies on the legislative process. Technological developments cannot be ignored by the legal system or the legislative powers of states, and sooner or later parliaments and governments will need to provide the citizen with the opportunity to understand and participate in the legislative process, while eliminating complicated procedures. The author emphasizes t...
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Despre legislaţia românească, cu simpatie
Numărul 1 Anul 2021
Numărul 1 Anul 2021
The article emphasizes the characteristics of the post-89 legislative process, and especially the role of the Constitution in the national law system: is the Constitution part of the legislative system? Can judges apply the Constitution in the litigations they decide on? Can the Constitution be the only legal basis for a judgment?
The author proposes a change of perspective: instead of defining legislation as the positive law of a coun...
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De legibus, consuetudinibus et cætera într-un concert normativ și comparativ
Numărul 1 Anul 2021
Numărul 1 Anul 2021
The article deals with the phenomenon of legislative inflation, which, paradoxically, has the effect of impoverishing the law. The author notes the tendency of the laws to become self-sufficient, the excessive regulatory process reducing the possibility for the lawyer to resort to the force of legal logic, especially in the context of the frequent changes in legislation and the repeated use of repeal.
...
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Parlamentul, unica autoritate legiuitoare a ţării – adevăr sau mit?
Numărul 1 Anul 2021
Numărul 1 Anul 2021
The final part of art. 61 para. (1) of the Romanian Constitution consecrates the role of the Parliament as sole legislative authority of the state. The legal doctrine considers the legislative delegation granted to the Government and to the President a genuine exception to the aforementioned rule, but are there any cases in which the feature of the Parliament of unique legislative authority of the state may be doubted? This article aims to ide...
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Modificările aduse Codului penal și Codului de procedură penală prin Legile nr. 217/2020, nr. 28/2020, nr. 233/2020, nr. 274/2020. Trecerea acestora în revistă, scopul modifi cărilor și efectele preconizate
Numărul 1 Anul 2021
Numărul 1 Anul 2021
In the last quarter of 2020, the legislature decided to make amendments to the Criminal Code and the Code of Criminal Procedure, by four laws, i.e. no. 217/2020, no. 228/2020, no. 233/2020, no. 274/2020. In this study, the author aims to make an overview of these changes and the reasons underlying their implementation.
Following the analysis of the explanatory memorandum that accompanied each amending law, of some statistical data avail...
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Evoluţia relaţiilor personale dintre copil și părintele separat în practica judecătorească
Numărul 1 Anul 2021
Numărul 1 Anul 2021
After the entry into force of the new Civil Code, which replaced the notion of visiting program, provided by the old legislation, with a new notion, namely that of maintaining personal ties, there was a change of mentality in the judicial practice in the sense that the right of the parent separated from the child to have a personal relationship with the child means something more or something else than a simple visiting program: it...
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Aspecte tactice și procesuale privind audierea martorilor în procesul penal (Partea I)
Numărul 1 Anul 2021
Numărul 1 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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Prelucrarea, de către partidele politice, a datelor cu caracter personal incluse în Registrul electoral
Numărul 1 Anul 2021
Numărul 1 Anul 2021
Especially in the electoral periods a question is being increasingly put forward. This question consists of whether, after the entry into force of the General Data Protection Regulation, the political parties would still have the opportunity to process personal data included in the Electoral Register, and, if met with an affirmative answer, then how do the special norms, included in the electoral legislation, impact the principles introduced b...
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Libertatea de exprimare, premisă a fericirii
Numărul 6 Anul 2020
Numărul 6 Anul 2020
Freedom of expression is one of the rights regulated and guaranteed both by the Constitution of Romania, the European Convention on Human Rights, but also by the Charter of Fundamental Rights of the European Union and in fact includes two freedoms: freedom of opinion and freedom of information. In the context in which the founding parents of the United States of America considered that freedom, together with life and the pursuit of happiness,...
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Libertatea de exprimare, premisă a fericirii
Numărul 6 Anul 2020
Numărul 6 Anul 2020
Freedom of expression is one of the rights regulated and guaranteed both by the Constitution of Romania, the European Convention on Human Rights, but also by the Charter of Fundamental Rights of the European Union and in fact includes two freedoms: freedom of opinion and freedom of information. In the context in which the founding parents of the United States of America considered that freedom, together with life and the pursuit of happiness,...
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