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Pagina 15 din 24
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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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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