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...

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. ...

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...

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:...

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.

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...

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...

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...

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...

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. ...