Articole din categoria: Anul 2021

Supremaţia și stabilitatea Constituţiei. Comportamentul constituţional loial al autorităţilor publice
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. ...
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O abordare evolutivă succintă a legislaţiei și surselor dreptului internaţional privat român după anul 1989
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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Cum învăţăm să scriem legi
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 u...
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Evoluţia legislaţiei în materia insolvenţei din 1989 până în prezent
Numărul 3 Anul 2021
The insolvency always represented one of the issues of the economic and social life which have constantly concerned the legislator, from the period prior to the year 1989, when it did not benefit from autonomous norms, until the current regulation of the prevention of the insolvency and insolvency proceedings, when we can speak about a real insolvency law. The freedom of trade, the dinamism of the commercial relations more and mo...
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Nerespectarea protecţiei datelor de către operatorii din domeniul educaţiei: sancţiuni din Europa, practici din România
The use of personal data is inevitable in any human activity, and, even more so, in educational, didactic activity. The teacher-student relationship subscribes not only to rules on education but also to compliance with national and European regulations. This is the main relationship established in education, but education is an equation with many factors and even more unknowns. The entry into force and implementation of the General Regu...
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Pledoarie pentru neretroactivitatea actelor administrative de stabilire a veniturilor salariale
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 intolerab...
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Dreptul la informaţie în România – exigenţe constituţionale, infraconstituţionale și jurisprudenţiale
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, e...
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Despre reședinţa alternantă în România – aspecte teoretice și practice
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 ...
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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
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 t...
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Lungul drum al normei către consecinţe
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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