The most striking expression of the social fact is the social norm. Man’s social existence cannot be conceived without norms, mainly moral, religious and legal, that regulate and even determine the behavior of the human person in the social environment. The existence of any individual as a social being presupposes a series of obligations exercised throughout his life cycle, materialized in a series of norms, some of which complement each othe...

The major judgments of the CJEU are, for the most part, judgments given following a preliminary ruling of a court of a Member State of the European Union. Each year, the Court of Justice issues approximately 400 preliminary rulings. The preliminary ruling mechanism is the instrument of cooperation between the courts of the twenty-seven EU Member States and the Court of Justice. It is based on a dialogue between the judges of EU law, who are al...

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.

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...

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...

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...