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 proce...

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 ...

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 on...

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...

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...

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 intro...

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 reason...

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 prog...

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 dat...

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...