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The study on the role of the arbitrator in finding out the truth aims to highlight the specific elements of the arbitration procedure, considering that it must be carried out with the application and observance of the principles of the civil process dictated by the Code of Civil Procedure for all judicial procedures. The principle of finding the truth, however, has a specific applicability in private jurisdiction proceedings, given that within them a judgment in equity can take place and which differentiates them from the trial procedure before the common law courts. Finding out the truth is the goal of any judicial proceeding and leads to fair justice. [ABSTRACT FROM AUTHOR]

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]

A reform that refers to two essential directions in civil matters was required along with the application of the principle of free movement in a modern and flexible manner. The amendment of Regulation (EC) no. 2201/2003 was carried out in the direction of divorce, legal separation, and annulment of marriage. The second direction considers the assignment, exercise, delegation and total or partial withdrawal of parental responsibility. The amending regulation clarifies the right of the child to be given the opportunity to express his opinion in the proceedings of which he is the object and contains provisions that complement the Hague Convention of October 25, 1980 on the civil aspects of international child abduction in relations between states EU member. [ABSTRACT FROM AUTHOR]

This paper aims to provide a detailed analysis of the differences between the offence of embezzlement provided for in Article 295 of the Criminal Code and the offence of abuse of office provided for in Article 297 of the Criminal Code in terms of relevant doctrine and jurisprudence. The frequency of committing misfeasance in office, in particular, the two offences under consideration, gives rise to constant debate on the subject of the article. We have also set out to analyse how the judicial authorities have changed their view in some cases after the Constitutional Court's decision no. 405/2016, which brought some divergences concerning acknowledging the offence of embezzlement instead of the offence of abuse of office. [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 certificate of inheritance is the final act of the notary succession procedure which serves as proof of quality of heir and the property right of the accepted heirs over the goods of the successor mass, in the amount awarded to each heir. Doctrine and specialty literature continue to express controversy regarding this notary act, even in the light of new provisions of the Civil Code. Consequently, the current paper aims to analyse the legal nature and the probative value of the certificate of inheritance, regarding the internal legal provisions as well as the European ones, by considering the decisions of national courts and the Court of Justice of the European Union. [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]

Starting with 2016, the Constitutional Court of Romania issued a series of decisions whereby it repeatedly established that the interference of intelligence services in a criminal prosecution is not allowed, so that the evidence obtained with the help of these structures cannot be used in criminal proceedings, being affected by absolute nullity. This article summarizes the most relevant decisions of the constitutional court in this matter, as well as the recent practice of the High Court of Cassation and Justice, which we hope will signal other courts to ensure unitary jurisprudence at the national level. [ABSTRACT FROM AUTHOR]

The entry into force of the new Criminal Code brought back to the attention and discussion of legal practitioners and theoreticians the criteria that distinguish the continued offense from the concurrence of offenses. Although, subsequent to the Romanian Constitutional Court Decision no. 368/2017, it has practically returned to the existing regulation in the matter of the continued offense under the rule of the old Criminal Code, the concrete situations submitted to the attention of the courts continue to provoke theoretical controversies. This article aims to critically analyse the recent case law regarding the criteria considered by the courts when they delimit the existence of a concurrence of offenses or a single offense, in a continuous form. [ABSTRACT FROM AUTHOR]

The exception of illegality is a procedural means of verifying the legality of an administrative act. The settlement of the plea of illegality is subject to procedural conditions of admissibility. One of the conditions is that an exception be invoked before the court that settles the substance of the dispute. A decision on interpretation was issued by the High Court of Cassation and Justice, considering that the exception can be invoked in the appeal. We consider that, even after the interpretative decision of the High Court of Cassation and Justice, elements of non-unitary judicial practice may arise in particular as regards the conditions under which the exception may be considered on the merits. [ABSTRACT FROM AUTHOR]

The articles deals with the concept of "habitual residence" in the light of both national and E.U. legislation, according to the provisions of the Romanian Civil Code, as well as the Hague Convention on the Civil Aspects of International Child Abduction; The Regulation (EC) No. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility and The Regulation (EU) No 650/2012 of the European Parliament of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. [ABSTRACT FROM AUTHOR]

This article begins with the problem that arises in the national judicial practice with respect to the application of the principles of contradictory and immediacy at the trail stage, for the observance of the right to a fair trial, provided by art. 6 of the European Convention on Human Rights, in the event of a change in the composition of the panel of judges. In the absence of any clear provisions in national law, two ECHR decisions (Cutean vs. Romania and Beraru vs. Romania) received a different interpretation in national practice, one granting a higher standard of protection of the defendant than the one established by the European Court. [ABSTRACT FROM AUTHOR]

Credibility of the asylum applicant's assertions within any member state of the European Union with regard to his or her possible persecution on grounds of sexual orientation, following return, is extremely important for the assessment of asylum admission. Nevertheless, in the case C-473/16, the Court of Justice of the European Union (CJEU) states that performing a psychological expertise for assessment of an applicant' sexual orientation does not comply with the Directive, as concerns the Eu Charter of Fundamental Rights. [ABSTRACT FROM AUTHOR]