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.

Among the most debated legal issues at both national and international level, in the current period, we find the effects on contractual relations, generated by the SARS-CoV-2 pandemic and by the measures ordered by the public authorities to limit the effects of the virus on human health, measures which had to leave the economy in the background. In matters of performing contractual relations, in progress at the time of the emergence of the pan...

With the adoption of Decree no. 195/2020 respectively of Decree no. 240/2020, a series of consequences have occurred in the public space regarding the justice domain, which will be the subject of the analysis in this paper, in order to identify possible deficiencies generating difficulties for practitioners as well as some suitable solutions to ensure a constant jurisprudence of the courts.

Primo, we intend to analyze the context of establishing the obligation regarding the submission of the self-declaration while undergoing the procedure of obtaining some facilities regulated by the legislature, by relating to the set of norms in force. Secundo, we aim to make a short presentation of the notion of false statement, breach of trust by defrauding the creditors, and the failure to notify, limited by the purpose of this paper, n...

The entry into force of the Criminal Code entailed a series of changes of view regarding the way of incriminating certain categories of actions, as well as punctual changes regarding the constitutive content of some offences. In the matter of Offenses against traffic safety on public roads, the main difference from the previous regulation was probably the way of regulating the offence of drinking and driving. This change also led to the renunci...

The holding companies have played, in time, an important role in both hiding the assets from tax authorities of the competent states and the identity of the funds’s real beneficiaries. This types of entities were, regularly, incorporated in fiscal paradises which offered a more advantaged tax regime than the ones where the companies performed their main activities. In the light of the latest international provisions regarding the exchange of i...