Search

The application of the principle of mutual recognition in the case of court decisions in criminal matters represents one of the important aims of the European Union, not only in the matter of punishments or custodial measures, but also of suspended sentences or alternative sanctions to detention and decisions on conditional release. This study aims to present the way in which Romania transposed the Framework Decision no. 2008/947/JAI of the Council dated November 27th, 2008 in the national legislation, Law no. 302/2004 on international judicial cooperation in criminal matters, with regard to probation measures and alternative sanctions must be mandatorily supervised, during the execution phase of the sentence, even if it is executed in another (requested) state than the one of conviction (applicant), in order to increase the chances of social reintegration of the convicted person. The study will also analyse some of the solutions of the Romanian courts, the jurisprudence in the application of these provisions being in an early stage. [ABSTRACT FROM AUTHOR]

The Constitutional control in Romania implies the obligation of the courts to apply the decisions of the Constitutional Court and may involve the disciplinary sanctioning of judges for non-compliance with these decisions. Some judges considered that this mechanism may affect their independence, especially if the EU law may come into conflict with the decisions of the Constitutional Court. Our paper highlights that a proper understanding of the constitutional control underlines the essential role of the Constitutional Court for the protection of the democratic state and of the values of the European Union through its dialogue with the CJEU and with the national courts. [ABSTRACT FROM AUTHOR]

The Constitutional control in Romania implies the obligation of the courts to apply the decisions of the Constitutional Court and may involve the disciplinary sanctioning of judges for non-compliance with these decisions. Some judges considered that this mechanism may affect their independence, especially if the EU law may come into conflict with the decisions of the Constitutional Court. Our paper highlights that a proper understanding of the constitutional control underlines the essential role of the Constitutional Court for the protection of the democratic state and of the values of the European Union through its dialogue with the CJEU and with the national courts. [ABSTRACT FROM AUTHOR]

Romania is still showing a strong resistance towards the spectacular changes in the way the family is currently regulated by the legal systems of other EU Member States. Under such conditions, through this study we are concerned about the issue of the recognition, by the Romanian State, of a marriage validly concluded abroad, between a Union citizen and his spouse of the same sex, who is a third country national. Our analysis starts from the principles developed by the European Union Court of Justice, in Coman case, a decision that brought back into the debate issues such as the right to family life and the right to freedom of movement, viewed from the perspective of the discrimination prohibition on grounds of sexual orientation. [ABSTRACT FROM AUTHOR]