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The paper addresses the legal professions' digitalization topic from the perspective of growing the competitiveness of legal and para-legal professionals using the Legal Research Software applications. In the paper, according to „The Generic Valuer Chain" described by Michael Porter, the activities of a lawyer or a legal advisor are mapped, thus identifying the main activities - the activities that directly create the final client's perception of value for the services received. Next, are identified the theoretical and operational models which correspond to the „Value Chain". Later, analysing those models, are determined the optimal characteristics that a Legal Research Software should have. [ABSTRACT FROM AUTHOR]

Highlighting the importance and actuality of the elements of negotiated justice in the criminal trial, this study deals with the issue of the statement given by the defendant during the criminal investigation, as an expression of his consent in order to conclude a guilty plea agreement. The institution of the guilty plea agreement, as a form of negotiated justice, was introduced into the procedural-criminal legislation in Romania through the provisions of the current Criminal Procedure Code (entered into force on 1 February 2014). Starting from an aspect of non-unitary practice regarding the legal consequences of the defendant's withdrawal of consent regarding the admission of guilt, as well as from the finding, by the Constitutional Court of Romania, of the unconstitutionality of some provisions of the Criminal Procedure Code regarding the guilty plea agreement procedure (including in relation to the statement given by the defendant in order to conclude the agreement), the present work brings into discussion the difficulty of adapting the adversarial elements to the continental law system to which the Romanian law is also part. The research methods used for the elaboration of the study are: the documentation, the observation and the scientific analysis, including aspects of comparative analysis (between the Anglo-Saxon legal system and the continental one, between the procedural-criminal legislations of several European states, as well as between the special procedure of the guilty plea agreement and the simplified trial procedure in the case of admission of guilt in the regulation of the current Romanian Criminal Procedure Code). The paper presents the solution pronounced by the Romanian High Court of Cassation and Justice (in the Decision No 5/2017) for the unification of the judicial practice, in the sense of establishing the irrevocable character of the recognition of guilt made under the conditions of a validly expressed consent. Likewise, in the context of the legislative changes foreseen by the most recent draft law on the amendment and completion of the Criminal Procedure Code, approved by the Government of Romania on 28 December 2022, the paper formulates a concrete proposal, de lege ferenda, for the implementation of the Constitutional Court Decision No 490/2022. [ABSTRACT FROM AUTHOR]

This paper focuses on the legal effects triggered by the revocation of pension decisions over the employment relations, with a special emphasis on the case where the employer ascertains the termination of employment as a result of the employees’ decision to retire. First, we perform a critical analysis of the Decision No 54/2022 rendered by the High Court of Cassation and Justice, where the Court basically ruled that the rejection of a request to benefit from old age pension with the reduction of the standard retirement age during a review process triggers the application of the Civil Code rules on the effects of nullity in what concerns the employers’ decision ascertaining the termination of employment by operation of law under Article 56 (2) and Article 56 (1) c) of the Labour Code. Concretely, we argue that the ruling rendered by the High Court of Cassation and Justice ignores the legal requirements concerning the revocation of administrative acts, namely for these acts not to have entered the civil circuit, as a well the particularities of employment relations, which are incompatible with a tale quale application of the civil nullity principles. Secondly, the study concentrates on the elaboration of de lege ferenda proposals aimed at clarifying the legal regime applicable to employment relations in case where the act based on which the termination of employment is ascertained is annulled. [ABSTRACT FROM AUTHOR]

The exponential development of new technologies brings with it efficient technical solutions that can be implemented in everyday socio-economic life, but which in many cases go beyond the regulatory framework based on stable ancestral legal concepts, forcing the law to leave its comfort zone in order to adapt. The need for the law to adapt to new realities has always existed, but today it is perhaps more pressing than ever, because the exponential pace of technological development and the economic imperative of implementing new solutions require viable legal remedies that are just as swift. This paper aims to explore the legal nature of Bitcoin - the technical prologue to a potential new decentralized world. It begins by setting out the history of the struggle to liberalize the use of cryptography and the liberal beliefs of cypherpunks, the community of programmers who advocated online privacy, of which the creator of Bitcoin was part. The article then examines the technical aspects of how the network works, seeking to make them more digestible through an analogy, albeit simplified, imperfect and inappropriate. Finally, evoking the debates in English law with respect to digital assets, the article attempts to answer questions pertaining to the legal qualification of Bitcoin according to Romanian law, seeking to establish whether Bitcoins are susceptible to possession and whether they can be subject to ownership. [ABSTRACT FROM AUTHOR]

This paper is the second part of a more extensive commentary on Article 5 of the European Convention on Human Rights, which will be entirely published in three consecutive issues of this law journal. The first part of this study, published in the December 2022 issue, assessed the general features of the right to liberty and security and commented Article 5 § 1 a) and b). The present work continues that analysis. It evaluates four other situations in which a person can be deprived of his or her liberty, as stipulated by Article 5 § 1 c), d), e) and f). The remaining paragraphs of this important Article of the Convention, namely §§ 2, 3, 4 and 5, will be commented in a third paper which will be published in the next issue of this journal. [ABSTRACT FROM AUTHOR]

The entire educational process to which the future student adheres involves, among other things, the acquisition by him of academic honesty, the essential value lacking which education and research would not be possible. Academic honesty, as a value resulting from the multitude of legal and infralegal provisions, refers to the compliance with the condition that the paper must be the result of the research of the one who presents it to the academic environment, as author. Excluding some exceptions, the student who is in the beginning years of the bachelor's degree, master's degree or doctorate cannot be said to be carrying out a genuine research activity, but he is educated in matters of research, acquiring the methods of carrying out this noble occupation. And, at the same time with this formative process, the student acquires academic honesty with the help of university-level teachers and of the legal norms which are applicable to him. A brief distinction must be made here, in the sense that, if the legal norm is qualified by the doctrine as impersonal1, „lacking feeling", what the university teaching staff conveys to the students, through his acts or deeds, in the context of the process of acquiring the mentioned value, will be the subject of a personal analysis of the student, in relation to the ethics and integrity of the one appointed to shape the destinies of those at the beginning of their journey. The premise of my modest approach is the experience of an event that reflects the aforementioned title, a fact for which I will analyze in the following, in a proper manner and with relevance for those who carry on their activity in the field of ethics and academic integrity, the deed of the university teaching staff to assume, unjustly and as author, the creation of the student and its possible consequence in the sphere of criminal law. [ABSTRACT FROM AUTHOR]

This paper does not propose an exhaustive analysis of the applicable legal regulation in the field of civil capacity, and in particular of the concrete capacity of the natural person, but only emphasizes some significant aspects, in the context of the entry into force of Law No 140/2022 regarding some protection measures for individuals with intellectual and psychosocial disabilities and the modification and completion of some normative acts and therefore of the establishment of new protection measures for these persons. This normative act has introduced a reform of the protection measures for individuals suffering from a deterioration of the mental faculties, in accordance with the decisions of the Constitutional Court, with multiple implications in various matters of material law, as well as procedural law. [ABSTRACT FROM AUTHOR]

The study proposes an analysis of the lawful juridical fact of the undue payment circumscribed to the sphere of lawful juridical facts, source of the legal civil obligation of restitution, consisting in making a payment, voluntarily, but undue, by mistake. In the introductory part of the paper, we presented the definition of undue payment and the provisions of the Civil Code regarding the lawful juridical fact of undue payment, but also those provisions to which they refer, generally applicable to a "payment". In the second part we analysed the Conditions of undue payment, which must be met cumulatively: a payment must be made, which is not due, in the absence of a debt, by mistake. We pointed out that although the current regulation did not expressly mention the condition that the payment was made in error, in order to be able to justify the action in repetition for the benefit of solvens, the payment must have been made by error. Thus, it is important the so-called „volitional component" with reference to the intention of the solvens to extinguish an existing debt to the accipiens, having the firm conviction that this obligation exists and that the one who receives the payment would really be his creditor. In the hypothesis in which the solvens pays disinterestedly, without pursuing the payment of a debt, his gesture could be interpreted as a liberality, with all the consequences arising from this qualification, including the impossibility of restitution due to the irrevocable nature of the legal operation. The third part of the study was devoted to the Effects of the undue payment, distinct between solvens and accipiens, respectively those towards third parties, occasion to present various hypotheses with the indication of some jurisprudential solutions pronounced in this matter. In the final part, we presented the particularities of the action for restitution with the indication of the owner of the action, the plaintiff solvens against the defendant accipiens, specifying the legal nature and the object of this action, the rules regarding the prescription, cases of inadmissibility and the possible legal solutions, depending on the good or bad faith of accipiens. As a study method, we sought to combine the theoretical analysis with the position of the jurisprudence in this field, considering that this approach is edifying in presenting the specific features of the undue payment, in particular, in comparison with the other lawful juridical facts as sources of obligations, fraudulent management and enrichment without a just cause. Thus, we went through valuable works from our classical doctrine, but also from the contemporary one, in the comments of the texts of the current Civil Code, identifying the published and commented jurisprudential solutions. [ABSTRACT FROM AUTHOR]

Through the present study, we tried to treat, non-exhaustively, the issue of proposals addressed to some unspecified persons. The subject is of definite interest, the number of announcements addressed to the public being in a continuous and visible expansion. In order to have an overview of the matter, we have presented a few solutions retained in comparative law, in order to be useful to the Romanian legislator. We considered appropriate to place the exposition of the Romanian civil regulation at the end of the paper, after the presentation of the interpretations offered in the French, German, English law, as well as in relation to the Lando Principles and the Vienna Convention. The results reached by these regulations are not uniform, identifying both differences and similarities, which indicates that the matter analyzed here is not governed by an obvious solution, which derives from the very nature of things. [ABSTRACT FROM AUTHOR]

The present study is based on the dynamics of implementation of the Regulation on the general conditionality regime for the protection of the Union budget. The study approaches a relatively new normative instrument, which is why the working technique of the paper is similar to geographical explorations. Thus, at methodological level, through a normative analysis we propose to identify the hypotheses that determine the activation of the conditionality regime and how they are correlated with the principles that transpose the desideratum of rule of law. The first part of the study is a process of mapping the national and European procedures, engaged in the context of the protection of the financial interests of the European Union, with the precise reflection of the systemic vulnerabilities that could present risks for the legal values related to the rule of law. This correspondence read in terms of conditionality reveals a workbook involving different value spectrums: European, statal and personal, in relation to the recipient of the public resource. The second part of the study is dedicated to the procedural aspects, which can be interrogated in a dialectical register, both in relation to the role played by the European institutions and to the complementarity with other procedures that tend to the same result, namely the protection of the financial interests of the European Union. Despite the self-assigned subsidiary character of the Regulation, the complexity of the procedures, the pronounced level of formalism, the imperative terms and the consequences of conditionality attest to the perspective of the European legislator regarding the interdependence between the values subsumed to the rule of law and the protection of the Union budget. [ABSTRACT FROM AUTHOR]

The issue of the classification of civil obligations according to sources has triggered controversies over time, in doctrinal, but also jurisprudential terms, due to the need to establish the specific conditions of each category of obligation relationships. The current Civil Code has abandoned the classical classification of the sources of obligations into contracts, quasi-contracts, delicts and quasi-delicts, aligning with the orientation of modern civil codes, stating that the sources of obligations are legal acts and facts, which in their turn, legal facts can be legal or illegal. From the category of lawful legal facts - sources of civil obligations, business management is characterized by the intervention of the manager in the affairs of another person, called „gerat", consisting in the conclusion of legal acts with third parties or the execution of material acts, voluntarily, disinterestedly and without having received an assignment or a mandate in this regard. The legal mechanism is triggered by the creation of the obligation to compensate the manager for the expenses incurred by him in the management of the affairs and interests of the „gerat". The logicallegal reasoning behind the birth of this binding relationship is the idea of equity for covering the losses or expenses incurred by the manager for an altruistic purpose, to help. The study proposes an analysis of the institution of business management, according to the current regulation, in order to emphasize the new aspects, such as the essential condition regarding the opportunity of the manager's intervention, the effects of the management towards third parties or the hypothesis in which the manager acts knowing that the client cannot protect his own interests not having the possibility to appoint a representative. In the introductory part of the paper, we presented considerations regarding legal acts, in general, business management, in particular, with a short historical foray (I). We continued with the exposition of the regulation of business management, from ancient times, from Roman law, to the current Civil Code (II) and its definition in doctrine (III). We analyzed the legal nature of business management to argue that this mechanism is specific to a lawful legal fact, the effects are produced under the law, not being a unilateral (unnamed) legal act (IV). We presented the conditions of business management structured in two categories: objective with reference to the object of business management and the characteristics of legal acts and material acts of management, and subjective, by reference to the attitude and behaviour of people who become or may be bound by the effects or the effect of this mechanism (V). In the final part, we analyzed the effects of business management, primarily between the manager and the managed, in the content of which there are mutual and bilateral obligations, as regulated by the provisions of Articles 1.331-1.335 and Article 1.337 of the Civil Code, and then when the guarantor acts in the interest of the guarantor and has concluded legal acts with third parties, the effects of which also apply to these persons (VI). [ABSTRACT FROM AUTHOR]

This paper is the fourth part and the final one of a more extensive commentary on Article 5 of the European Convention on Human Rights, which is entirely published in four issues of this law journal. The first part of this study, published in the December 2022 issue, assessed the general features of the right to liberty and security and commented Article 5 § 1 (a) and (b). The second part, published in the January 2023 issue, analysed four other situations in which a person can be deprived of his or her liberty, as stipulated by Article 5 § 1 (c), (d), (e) and (f). The third part, published in the March 2023 issue, commented the rights enshrined in Article 5 §§ 2 and 3. The current work continues that analysis, focusing on the rights guaranteed in §§ 4 and 5 of this important Article of the Convention. [ABSTRACT FROM AUTHOR]

The paper puts forward an analysis of the effects triggered by two decisions rendered by the Constitutional Court, namely the Decision No 279/2015 and the Decision No 405/2016, in relation to one of the suspension of employment cases regulated under Article 52 (1) b) under the Labour Code, which, originally, allowed for the employer to suspend the employment agreement in the event where the latter filed a criminal complaint against the employee for acts incompatible with their position. The conclusion of this analysis is that upon entry into force of the Decision No 279/2015 of the Constitutional Court, which ascertained the unconstitutionality of the provision allowing for the suspension of the employment agreement by the employer in the event where the latter filed a criminal complaint against the employee for acts incompatible with their position, it became mandatory to terminate the effects of the suspension decision, because the legal basis for applying such measure disappeared. Therefore, any ulterior decisions rendered by the Constitutional Court, which decriminalize (in full or partially) a crime for which a criminal complaint was filed against the employee lacks relevance, as Decision No 279/2015 applies with priority. [ABSTRACT FROM AUTHOR]

This paper is the last part of a more extensive commentary on Article 5 of the European Convention on Human Rights, which has been entirely published in three issues of this law journal. The first part of this study, published in the December 2022 issue, assessed the general features of the right to liberty and security and commented Article 5 § 1 (a) and (b). The second part, published in the January 2023 issue, analysed four other situations in which a person can be deprived of his or her liberty, as stipulated by Article 5 § 1 (c), (d), (e) and (f). The current work continues that analysis, focusing on the rights enshrined in the paragraphs of this important Article of the Convention, namely §§ 2 and 3. [ABSTRACT FROM AUTHOR]

This paper highlights and explains the contribution of the Romanian Constitution of 1923 to the building of the Romanian ethnocentric (national) constitutional identity and its decisive impact upon the constitutional and political developments along the Romanian 20th century. Grounded in the Romanian constitutional nationalism and xenophobia, this Constitution failed to accommodate the new international liberal standards regarding the protection of national minorities imposed by the system of the League of Nations after the WWI. The Romanian fathers of the Constitution not only refused to enshrine in the constitutional text the positive individual and collective rights recognized to the Romanian ethnic minorities by the Treaty of 19 December 1919, but built the 1923 Constitution as a constitutional cathedral of the Romanian ethnic majority where the ethnic minorities were tolerated as shadow citizens. On a short term, this illiberal ethos made quite easier the passage from the Romanian ethnocentric nationalism to the Romanian racial nationalism of the period 1938-1944. On a long term, the Constitution of 1923 represented a pattern of constitutional identity building strongly cherished by the fathers of the post-communist Constitution (1991). This is why the interwar Romanian illiberalism was widely preserved. On a general survey, neither the Constitution of 1923, nor the Constitution of 1991 succeeded to manage in a coherent liberal spirit the linkage between the national/ethnocultural identity and the constitutional identity in the multi-ethnic Romania. [ABSTRACT FROM AUTHOR]

The main thesis of this paper is that the Draft Constitution redacted in 1922 by Constantin Stere on behalf of the Peasant Party's Study Centre (Centru de studii al Partidului Țărănesc) comes closest to the requirements of a rule-of-law-system, and surpasses all similar endeavours carried out at the time. Stere's proposed regulatory solutions on the relationship between municipal law and international legal commitments, especially in the field of minority protection, on basic rights and freedoms - with emphasis on personal freedom and habeas corpus - on election process and parliamentary practice were of such nature as to give efficiency and real substance to the general provisions of the Constitution. These regulatory solutions were able to put Romania on the path of a political and institutional evolution in complete accordance with the principles of the rule of law. [ABSTRACT FROM AUTHOR]

Transnational law is one of the topics hotly debated by the legal scholars all over the world. The present paper furnishes some research instances able to stress the importance of the transnational law itself. The so-called „supply chains" require the virtues of the transnational law, mainly understood as methodology, to be put in action. From a practical point of view, this paper points out the way in which the nations-States and corporations behave in settings truly transnational. From an academic point of view, this paper invites the Schools of Law from Romania to include the so-called „Theory of Transnational Law" in their academic curricula. [ABSTRACT FROM AUTHOR]

The content of the paper reveals the changes in the E.C.H.R. case law occurred in the matter of interrogation of the prosecution witnesses following the pronouncement of the judgments in the cases Al-Khawaja and Tahery v. the United Kingdom, respectively Schatschaschwili v. Germany. The author considers that by the two judgments E.C.H.R. has returned to each of the three conditions imposed by its own case-law for the use as evidence of „anonymous statements“, establishing the exact opposite of those estab lished by its previous case law on those conditions. At the same time, the author emphasizes that through the analyzed judgments E.C.H.R. has practically radically changed its case law outlined over more than 20 years. Next, it proceeds to the presentation of the grounds retained by the E.C.H.R. in the two cases, after which the author emphasizes the obvious contradictions existing between these grounds and those established by the E.C.H.R. on the same issues in previous cases. Finally, the author points out that, despite the contradictions and inconsistencies shown in this paper, presently the case law Al-Khawaja and Tahery -- Schatschaschwili exclusively governs the conditions under which it is determined whether by using the „anonymous“ or „unverified“ statements it has been violated or not the procedural guarantee written down in Article 6 (3) d) of the Convention. [ABSTRACT FROM AUTHOR]

According to the General Data Protection Regulation (hereinafter GDPR), in each Member State of the European Union, one or more independent supervisory authorities of personal data processing must operate under conditions of full independence. Therefore, by this article we aim to achieve two main objectives. A first objective is to explain the notion of „full independence“ and the second objective is to find and analyze some of the essential elements for guaranteeing full independence. The methodology used has focused on the study of the European and national legislation (the European treaties, the GDPR, the Romanian Constitution, the Administrative Code), on the study of doctrine and on the analysis of the case law of the Court of Justice of the European Union (hereinafter CJEU) on the issue of full independence of the supervisory authorities. This paper concludes that the notion of the independence of the supervisory authorities is a fragile notion that requires the full attention of the Member States. The fundamental human rights and freedoms must survive any political movements or commercial interests. The Member States, by the national law, must ensure adequate safeguards to ensure full independence of the supervisory authorities and must establish effective rules on the sanctioning of those who infringe on their independent status. As the notion of independence is a fragile notion, in the future, the Member States' actions to safeguard the independence of the supervisory authorities must increase in direct proportion to the degree of risk of the new technologies to privacy and to the other fundamental rights and freedoms. Regarding the structure of the paper, in the Introduction, we discussed the necessity of existence of some national data protection authorities. In Section II, we briefly presented certain general considerations about supervisory authorities. In Section III, we set out certain general considerations about the legal regime of the autonomous administrative authorities in Romania. In Section IV.A we analyzed and defined the notion of „full independence“, and in Section IV.B we extracted from the legislation, doctrine and case law a part of the essential elements for guaranteeing a full independence and we briefly explained these elements. [ABSTRACT FROM AUTHOR]

The conflict of jurisdictions’ theory could be drafted in the light of multiple key themes. The forum non conveniens doctrine, lis pendens, the concept of „exorbitant jurisdiction”, the issues related to the so-called „universal jurisdiction” are some of them. Still, this paper’s aim is to formulate a list of possible preliminary frameworks in light of which the key themes mentioned above should be examined. The issues related to international law, internet technology and EU academic legal curricula in the area of the conflict of jurisdictions provided a source of inspiration in this respect. Given this aim, our conclusions are, at least pursuant to our proposal, crystal-clear: EU member States law schools’ academic curricula should include a new discipline – „The Theory of the Conflict of Jurisdictions”. [ABSTRACT FROM AUTHOR]

The approach to medical liability has received various theoretical perspectives, as can be seen from the enumeration retained in this study. These were channelled around the medical staff, with the omission of the most important subject of medical law - the medical unit. These are a determining role in the stability of the nature of medical liability, but especially for the edification of the medical liability system. The nature of medical liability cannot be dissociated from the status of providers of medical services, pharmaceuticals, or utensils. Attributes can only be identified by reference to the status of the subjects in the medical law legal report. The formulated approach starts from the traditional theories circulated, but has the merit of offering a different perspective of the previous arguments. In appearance, the coexistence of civil liability with the public office or the status of the public institution may be considered paradoxical, but important doctrinal opinions confirm that they can coexist and that they have evolved together, as can be noted in the present study. In this sense, one can start from the premise that the violation of a specific assignment of the public function attracts tortious civil liability, an aspect that does not raise contradictions. In the framework of this study, all types of liability in which medical liability was included were taken into account. The formulated conclusion takes into account the traditional theory expressed. They have been updated by reporting on the evolution of medical science and the demands imposed by this rise. In the development of the proposed solution, the new elements in the field of medical liability were taken into account, represented by the medical practice guidelines, with the help of which the nature of the incident can be determined. Their nature is exemplified in this paper, which aims to become a useful working tool for practitioners. [ABSTRACT FROM AUTHOR]

This paper is the first part of a more extensive commentary on Article 5 of the European Convention on Human Rights, which will be entirely published in three consecutive issues of this law journal. The present work assesses the general features of the right to liberty and security as they emerge from the relevant case-law of the European Court on Human Rights. On this occasion, it underlines the purpose of this right, namely the protection of the individual from arbitrariness, and it analyses the general conditions for deprivation of liberty. It also goes on to evaluate the first two such situations of authorised deprivation of liberty enshrined in Article 5 § 1 a) and b) of the Convention. [ABSTRACT FROM AUTHOR]

This paper analyses judicial limits of property in national legal context, where this kind of property limits are relatively young comparing to the legal limits, which are clearly delimited. The study begins with brief comparative law on similar English, French, and Canadian regulations, continuing by presenting the doctrinal divergence on the foundation of civil liability for abnormal inconveniences of good neighbourhood. The study shows different points of view from doctrine on the fundament of civil liability for causing inconveniences by exceeding the reasonable boundaries of neighbourhood. The paper focuses on differentiating between abuse of right, tortious civil liability and extra-contractual liability, proposing the last one as the fundament of civil liability for causing abnormal inconveniences that bothers the relations of good neighbourhood. Also, it is brought into discussion the meaning of „owner" to which Article 630 of the Civil Code refers, and the implications regarded by giving a restricted meaning to this notion used by the legislator. Still, the French doctrine and the European Court of Human Rights Jurisprudence is orientated to a broad interpretation of this notion. [ABSTRACT FROM AUTHOR]

The present paper aims to examine the „positive" conditions of the procedure of the right to damage repair in case of miscarriage of justice, i.e. those provided only in paragraph (1) of Article 538 of the Criminal Procedure Code. The paper begins with the delimitation of the area of analysis, after which it examines the conceptual reason of the analyzed procedure. Then, the conditions and subconditions found in paragraph (1) of Article 538 of the Criminal Procedure Code are treated by turns. Finally, after analyzing the concept of miscarriage of justice, we take a look at countries with similar legislation: the Republic of Moldova and Switzerland. At the same time, through this material, I am trying to demonstrate, by identifying the problems of interpretation of this paragraph, the fact that the action for damage repair provided in Chapter VI of the Criminal Procedure Code must comply, at least in the light of paragraph (1) of Article 538 far too restrictive conditions. The conditions which this paragraph involves turn the procedure of repair of the material damage or of the moral damage in case of miscarriage of justice into a non-feasible procedure with conditions which presuppose an insignificant stake, as compared to the reparation of the damage in case of the principal's liability for the deed of his agent, a liability much easier to prove by the damaged person. [ABSTRACT FROM AUTHOR]

Since the beginning of the 19th century, the phenomenon of immigration has increased in Argentine. In the 20th century, the majority of immigrants came from the European continent. Despite some tempering measures, the immigration to Argentina continues to manifest itself, producing legal consequences. The family relations of foreigners are ruled, like other types of social relations with a foreign element, by private international law. This paper aims to analyse the current state of marriage regulations in Argentine private international law (with brief historical forays to understand the evolution). The scientific impact of this paper is increased by the novelty of the studied legislation and by the low interest that the Romanian doctrine has shown for the legal realities in Latin America. Its conclusions are relevant both to researchers and legal practitioners and to the general public, interested in resolving the many legal issues involved in a marriage with an Argentine citizen or immigration to Argentina. [ABSTRACT FROM AUTHOR]

Legal arrangements pertaining to neighbours' relationships are permeated by the idea of community. A textbook example is the right-of-way, which arguably breaches the sacred inviolability of private property in its quest to provide adequate access to the public road for a landlocked parcel. The present paper examines the manner in which the Civil Code of Romania (2009) managed to bridge the unbridgeable, i.e., the individualist essence of private property and the collectivist flavour of neighbours' relationships. Methodologically, this article debuts with a brief historical and comparative study of the right-of-way from the viewpoint of related legislations (i.e., the French Civil Code and the Civil Code of Quebec), it examines the terminology employed by the legislator and analyses the legal regime of said institution. The author argues that the cornerstone of this fine balance is the legal nature of the right -of-way: in denying it the stature of a real right (ius in re), the legislator established this sui generis right as a legal limit to the exercise of private property. Consequently, the right-of-way is solely a creation of the law, whereas only its manner of exercise can be settled by way of contract, continuous usage or court decision. Therefore, the author stresses the semantical inconsistency encountered within legal literature, which confuses the very origin of the right -of-way, which is inherently legal in its nature, with the concrete manner of usage, which the legislator left to the will of the contracting parties or the judge summoned in the event of litigation, respectively. In addition, the author argues that a land book entry may cover the right -of-way only in the form of a notation, and not as a compulsory registration, either permanent (intabulation) or provisional, since the latter two solely concern tabular rights, which solely consist of real rights on real estate. [ABSTRACT FROM AUTHOR]

The paper intends to emphasize the importance and echo of the motivation of jurisdictional acts given in the operation of individualization of procedural measures, with emphasis on preventive measures in criminal proceedings. The analysis is imposed in the recent social and legal context, in which the individual freedom of the person is subjected to particular trials and must be preserved, an objective finally achievable through the analysis and rigorous argumentation of the acts of disposition elaborated by the judicial bodies. [ABSTRACT FROM AUTHOR]

The present paper aims to analyze extensively the institution of commitment of the responsibility of the Government before the Parliament, trying to identify possibilities to improve the current constitutional regulation in Romania. For this purpose, in a first part of the paper, in order to better understand the resources of the institution, the comparative method is used. Thus, similar regulations from other states are widely presented, such as the vote of confidence in a number of parliamentary regimes (United Kingdom of Great Britain and Northern Ireland, the Federal Republic of Germany, the Fourth French Republic), as well as the regulation of the commitment of the responsibility of the Government in the current French semi -presidential regime. Subsequently, the paper focuses on the regulation of the institution of commitmen t of the responsibility in Romania, being studied the manner of application thereof by the Government in the last 30 years. Several perspectives are used for this purpose: that of doctrine, an occasion that allows the presentation of arguments for and against the current regulation of the institution; that of constitutional practice, which allows the understanding of some disfunctionalities of the current regulation; and, finally, that of the constitutional case law developed in the last three decades, on which occasion it can be deduced a complex theory developed by the constitutional court regarding the limits of the use of the institution. At the end of the paper, a series of proposed amendments are analyzed on the occasion of various attempts to revise the Romanian Constitution and an extensive set of proposals on improving the current regulation is presented. As a consequence, the present paper provides a starting point for the future use of the institution of commitment of the responsibility of the Government, but especially for the improvement of the current constitutional regulation. [ABSTRACT FROM AUTHOR]

The most striking word that illustrates the relationship between Romanian law and European law seems to be the word „marking". Among the various nuances that can be assigned to the meaning of this word, three meanings are relevant from the perspective of the topic addressed by this paper. Thus, among others, to mark means (i) to influence in a significant way, or (ii) to bear a mark that illustrates a membership, or more precisely (iii) to change a destiny. All of these nuances are defining in order to describe the decisive and irreversible „imprint" that European law has made, is making and will make on our domestic law. Through this scientific approach we have set out to address the implications of this complex structure which involves a multidimensional union that includes elements of supranational law, following the paradigm of the interference. The example that we will focus on is the area of consumer protection, where we will also address issues regarding constitutionality in relation to domestic law, but especially in relation to European law. We will consider both the past and the future, but, naturally, we will focus our attention on the present. In the context of the current COVID-19 pandemic, while not focusing on any medical or health matters related to the pandemic, but rather on its ties with the emergence of a new global economic, financial and banking crisis, we will address the link between European Union law and domestic law. [ABSTRACT FROM AUTHOR]

The elaboration of the notarial acts takes place in compliance with some requirements strictly provided in the normative acts. These requirements for the preparation of notarial acts are called rules for drawing up and affect to all notarial acts and actions. The topic covered in this paper is of interest to theorists and law practitioners from the Republic of Moldova and from Romania. In the Republic of Moldova there is a long process of formation and consolidation of notarial legislation. In the absence of a well-elaborated normative framework, the notaries public from the Republic of Moldova apply, here and there, the rules for drawing up the notarial acts inherited ever since the period of the Soviet Union. Another situation exists in Romania, whereas the legislator, by the Law No 36/1995, has established a stable normative framework for regulating notarial law relations. The main objective pursued by the author in the elaboration of the paper consists in the comparative analysis of the common rules for the drawing up the notarial acts through the Romanian and Moldavian legislation. The results of the research are manifested by formulating some conclusions and recommendations for amending the legislation. The theoretical implications of the study are relevant due to the diversity of the doctrinal sources used by the author. An increased attention was paid to Moldavian and Romanian researchers. In addition, the doctrine of the notarial law in the Russian Federation has been considered, which, over many decades, has become traditional in the Republic of Moldova. [ABSTRACT FROM AUTHOR]

The Civil Procedure Code reserves only five articles to the court costs and this study will emphasize the fact that this area exceeds the regulatory scope of the Civil Procedure Code, having connections also with other normative acts, as well as the circumstance that the assessment of the quantum of court costs is an aspect left to the enlightenment and wisdom of the judge, the legislator offering few criteria for evaluating their extent. The purpose of the present study is to provide an overview of the judicial costs, as well as to delimit the scope of the costs that can be recovered as a result of winning the trial from the costs that the courts did not approve. We will submit to the analysis the notion of costs, their legal nature, but also the legal basis underlying their award. Likewise, we will stop on the modality in which the court costs can be reduced or even rejected by the court. A separate part of the present paper will be devoted to the analysis of the lawyer's fee, as part of the court costs. In this section, we will make a presentation of the different ways of establishing the lawyer's fee, stopping, in particular, at the success fee, which we will define and delimit from the pact of de quota litis. At the end of the paper, we will offer some proposals de lege ferenda regarding the evaluation of the court costs, the necessity of legal regulation of the success fee and of the costs requested separately. [ABSTRACT FROM AUTHOR]

This paper presents an analysis of the legality of the decisions made by the administrations of the places of detainment to forbid to the persons deprived of their freedom to receive and acquire different categories of foods, decisions based on safety reasons regarding the detainment, as per Article 148 (6) in the Regulation of Enforcement of Law No 254/2013, as well as the extent to which these decisions violate or not the right to receive and buy goods according to Article 70 from the Law No 254/2013. The paper summarizes the currents of opinion formed both in the practice of the judges of surveillance of deprivation of liberty, as well in the courts by displaying certain judicial situations regarding the nature of some foods which are not particularly regulated in Annex 1, Title IV of the Regulation, situations which not even at present have received unitary unification in relation to the character of the actions taken by the prison as a restraint or a reduction of the right to receive and buy goods. The conclusions of this endeavour offer a possible solution to this problem of great actuality in practice starting from the assumption that reducing the exercise of the right to receive and buy goods is legal in the extent to which the principles of legality, equity, the realization of goals and proportionality are abided. [ABSTRACT FROM AUTHOR]

This paper aims to analyse the interconnectivity between the will of the donor and the general validity requirements for donations in the Romanian civil law. As part of the continental tradition of civil law, the 2009 Civil Code of Romania maintains the will theory at the forefront of its contract law. Within this framework, the legal concept of will encompasses the mental process of volition, during which the individual reflects and arrives at a decision, and the utterance of said decision. As a result, the notion of free will forms the foundation of contractual freedom. Through its gratuitous nature, a donation is both a contract and an act of liberality. As such, the legislator's reluctance in the field of liberalities has influenced how the general requirements of validity were ultimately shaped. Liberalities are demarcated, from the volitional point of view, by the liberal intent of the donor, and from the economic standpoint, by the reduction of the donor's patrimony. This impoverishment of the donor is the source of the legislator's reluctance. Thus, our effort sets out to trace the influence of the liberal intent upon the general validity requirements of a donation contract. For this purpose, the present paper is divided into four main sections, corresponding to said requirements: cause, consent, capacity and object. While cause and consent derive naturally from the will theory, capacity and object were also subordinated to the liberal intent of the donor. As such, the common incapacity was entwined with a special variant which absolutely presumes the suggestion or captation of the donor's mind. In regard to the object, the donor cannot dispose of the good belonging to another, unlike in the case of a sale contract. [ABSTRACT FROM AUTHOR]

This paper has as objectives the analysis of the possibility to raise requests and exceptions in the procedure of confirmation of the solution to abandon the criminal prosecution, in relation to the exigences given by the right to a fair trial to which the suspect or defendant should be entitled. The study relates to the functional competence of the preliminary chamber judge and has as purpose to express the considerations for which the same procedure should be applied also in the processual course of the confirmation of the solution to abandon criminal prosecution. From this perspective, we will also analyze the competence to verify the legality of the administration of evidence by the criminal prosecution bodies in the light of its significances. At the same time, we will find out if the Decision of the Constitutional Court No 802/2017, by which the constitutional contentious court has enshrined the principle of the freedom of evidence in the preliminary chamber phase, should be applied also in the procedure of confirmation of the solution to abandon the criminal prosecution, before the preliminary chamber judge, in order to allow that it should be administered any means of evidence referring to the legality and loyalty of conducting criminal prosecution acts and the administration of evidence. Last but not least, the paper contains, in addition to basic notions, various points of view expressed in doctrine, as well as practical applications of the articles of the Criminal Procedure Code. [ABSTRACT FROM AUTHOR]

This paper presents the author's vision on the legal consequences of the implementation of a concept, the National Electronic File, which involves the electronic visualisation of the documents existing in a file pending before a court of law and the possibility of electronic communication of the procedural documents both from the litigant to the court and vice versa, from the court of law to the litigant. Starting from some principles, such as the facultative nature for the citizen and the mandatory nature for the public institutions to use this electronic mechanism, and taking into account regulations from the comparative law, the main directions for amending the codes of procedure are presented, in order to achieve a simpler, friendlier and, last but not least, more efficient justice. [ABSTRACT FROM AUTHOR]

Almost 8 years after 1 February 2014, the day when the current Criminal Code entered into force, it seems to be a useful step to analyze how the principles of Romanian criminal law are reflected in this Code. Following the examination, we will find that some of the principles enjoy express consecration, such as the legality of incrimination or the legality of the criminal law sanctions, and others have different applications in the body of the Criminal Code or are deduced from the economy of the criminal provisions. In the present paper we will review the doctrinal conceptions regarding the principles of the criminal law and the way in which they are reflected in the current Criminal Code. [ABSTRACT FROM AUTHOR]

In this paper, the author analyzes the functional competence of the hierarchically superior prosecutor to carry out criminal prosecution acts in criminal files investigated by the criminal investigation bodies whose supervision is exercised by the prosecutor within the prosecutor's office. For this purpose, a first starting point is the Criminal Procedure Code, which regulates the judicial function of criminal prosecution in criminal trial, respectively the competence of the prosecutor in performing this function, but references are also made to the Internal Regulation of the prosecutor's offices of 14 November 2019, to the case law of the Constitutional Court of Romania in the matter, but also to the principle of the hierarchical control that governs the activity within the Public Ministry, principle with constitutional rank, regulated by the provisions of Articles 131--132 of the Constitution. The conclusion reached after presenting a pertinent argumentation is that the hierarchically superior prosecutor does not have the functional competence to lead and supervise the activity of the criminal investigation bodies, which is carried out within the criminal files assigned to the subordinated prosecutors, considering his quality of chief prosecutor. [ABSTRACT FROM AUTHOR]

In this article we have looked into the content of the concept of case law of the European Court of Human Rights, determining in the national criminal process the legal nature and the presentation of the reasons for its application. We have also addressed the premises of using case law as a source of law within the criminal trial, highlighting the particularities and advantages of the applicability of the case law of the E.C.H.R. within criminal trial. Through the research carried out, it has been conducted a complex investigation of the theoretical-legislative aspects regarding the applicability of the case law of the E.C.H.R. within the criminal trial as a source of law. The paper formulates conclusions and recommendations that can represent a scientific basis for possible legislative amendments. In the present study, we reiterated the most current theoretical-applicative issues, as well as the methodological aspects regarding the applicability of the case law of the E.C.H.R. in the criminal trial, being revealed some concepts of major importance for the national doctrine and practice. [ABSTRACT FROM AUTHOR]

The paper aims to bring some clarifications regarding the typicality as an essential feature of the offence, as it is reflected in Article 15 of the Criminal Code. In fact, the paper begins by noticing that the typicality or providing the deed in the criminal law was the first of the essential features of the offence identified by the representatives of the Classical School. At the same time, it notes that, if initially typicality included only the objective requirements of the offence, now it is admitted to have a wider content, including both objective and subjective elements, as well as anti-judiciality elements. Through his study, the author brings some doctrinal explanations about the notion of typicality. [ABSTRACT FROM AUTHOR]

In this study there are presented the main scientific arguments that can be taken into account for promoting a new discipline, as sub-branch of the Romanian criminal law, namely the criminal law of transports. For the scientific arguing of this approach, there have been briefly examined the system of Romanian law, the syntagms of branch, sub-branch and institution of our law. As regards the criminal law, reference has been made to the two parts, to some institutions and to the possibility of recognizing the criminal law of transports as sub-branch of the Romanian law. Likewise, within the scientific approach, it has been carried out a brief examination of the criminal law norms specific to the safety of traffic and of transports from Romania, insisting on the necessity of grouping them into a distinct normative act, recommending even a code of transports. The examination has considered the main elements of similarity between criminal law norms specific to the four domains of the national system of transports, namely: road, railway, naval and air. In view of arguing the mentioned ideas there have been presented also some aspects related to criminality in the domain of transports, by emphasizing some vulnerabilities with regard to the terrorist attacks committed in this domain in recent years. This paper represents a continuation of other studies and articles published in specialized journals or in the volumes of some recognized international or national conferences, including of the thesis of habilitation of its author by which he aims to go deeply into the researches in order to promote this new discipline in the Romanian law. The novelty elements promoted in this study are represented by the scientific argumentation for the promotion and development of this new discipline, the analysis of the elements of similarity of the norms which defend the safety of traffic and of transports in the national system of transports from Romania, as well as the proposal to adopt a code of transports to include all offences specific to this domain. The paper may be useful to the academic teaching staff with concerns in the domain of criminal law, to the researchers, as well as to the practitioners. [ABSTRACT FROM AUTHOR]

The doctoral studies consist of two components developed under the guidance of a doctoral coordinator, namely a training programme based on advanced university studies, as well as an individual scientific research programme. The doctorate is finalised with the public presentation of a paper elaborated by the doctoral student. The doctoral thesis must demonstrate to have the advanced scientific knowledge of the topic addressed, must contain elements of originality in the development or solving of the topic, as well as modalities of scientific validation thereof. In order to fulfil the condition of public presentation of the doctoral thesis it is required an evaluation both from the guidance commission within the doctoral school and from the commission of public presentation of the doctoral thesis within the doctoral school. Evaluation is a complex process, which has as finality to form the belief that the doctoral studies have achieved their purpose by certifying the merit, value, meaning of the respective paper. The failure to comply with good conduct in research, including the plagiarizing of the results or publications of other authors, producing results or replacing the results with fictitious data, brings about the failure to obtain the agreement of public presentation of the paper. The legal nature of liability for violating the rules of deontology in the preparation of doctoral thesis is diverse, from the disciplinary liability to the criminal liability. [ABSTRACT FROM AUTHOR]

This study is devoted to some critical appreciations in connection with the use, in a relatively recent specialty paper, of some „practicist expressions“ in order to designate the territorial jurisdiction of the court of first instance to settle the divorce applications („court of first instance having jurisdiction over the place of residence of the defendant“, „court of first instance having jurisdiction over the place of residence of the applicant“ etc.). Likewise, our analysis also concerns the conclusions drawn within the same paper in connection with the concurrence between the territorial jurisdiction theses regulated by Article 3 (1) a) and those provided by letter b) of the Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000. [ABSTRACT FROM AUTHOR]

The present paper aims to bring to your attention the Decision No 9 of 6 April 2020 of the High Court of Cassation and Justice - Panel for the settlement of some matters of law that took into account the legal nature of the revenues collected at the Environmental Fund in order to determine whether the acts of theft in any way from the establishment of these fiscal burdens may fall under the provisions of the Law No 241/2005 for preventing and combating tax evasion. The mentioned decision established that the revenues of the Environment Fund that give rise to tax receivables are not fiscal receivables that may fall under the law to prevent and combat tax evasion, which can be considered wrong. The study presents all the legal arguments for which the interpretation given by the High Court of Cassation and Justice is wrong and, at the same time, harmful, considering the possible legal effects that this decision may have on all tax regulations in Romania. [ABSTRACT FROM AUTHOR]

The study analyzes the two procedural moments of judging the requests for revision, traditional in our law - the admissibility in principle and the retrial -, by referring, mainly, to the new amendments to the Criminal Procedure Code and to the jurisprudential solutions. There are taken into account the measures that can be taken at the same time with or after the admission in principle and the solutions that will be given in the retrial of the case. Whereas a substantial change in the matter of revision, following the entry into force of the new Criminal Procedure Code, concerns the exclusive revision of the civil side of the criminal trial, respectively the division of the material competence between the criminal court and the civil court, a section is devoted to this issue. Whereas the new provisions are quite elliptical in this matter, the paper tries to identify aspects that may raise problems of application and to suggest solutions. [ABSTRACT FROM AUTHOR]

The interpretation and the application of the provisions of Article 31 (3) and Article 60 of the Labour Code have led to the existence of a non-unitary judicial practice and to the expression of some divergent positions in the doctrine as regards the applicability of the temporary prohibitions on dismissal in case of termination of the individual labour contract at the initiative of the employer, during or at the end of the period of probation. In a first doctrinal and jurisprudential orientation it is argued that Article 60 of the Labour Code is not applicable, because we are not in the presence of a dismissal, but of a separate case of termination of the individual labour contract at the initiative of the employer. The second opinion argues the thesis according to which the termination of the individual labour contract at the initiative of the employer during or at the end of the period of probation is also a case of dismissal, the legislative derogations aiming only at simplifying the dismissal procedure during the period of probation, and not at removing the temporary prohibitions on dismissal provided by Article 60 of the Labour Code. The paper emphasizes that, by applying the rules of interpretation of the domestic legal norms and the principle of interpretation in compliance of the national law with European Union law, it follows that the termination of the individual labour contract at the initiative of the employer during or at the end of the period of probation must be qualified as dismissal. In accordance with the principle of equal treatment and in order to ensure the useful effect of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, the corroborated interpretation of the provisions of Article 60 and Article 31 (3) of the Labour Code reflects the applicability of the temporary prohibitions on dismissal and in case of termination of the individual labour contract of the employee during the period of probation. The employees on probation enjoy the right to health and safety at work and the right to annual rest leave under the same conditions as the employees whose labour relations have been strengthened, with no express legal derogation as concerns the benefit of these rights. De lege lata, the difference in treatment is enshrined in law only for restricting the right to protection against dismissal, not for the restrictions brought to these fundamental rights as well. [ABSTRACT FROM AUTHOR]

This paper appears as a response to the debate created by the new proposals to amend the criminal codes. I believe that a legal debate should start from the fundamental principles of law and be conducted academically, presenting legal arguments and also knowing the comparative law issues related to the topic debated. This is why this paper offers a historical, current and comparative perspective in terms of recognizing the right to silence to the person being heard as a witness in the criminal trial. [ABSTRACT FROM AUTHOR]

In this paper we intend to determine if the legal regime applicable to the superficies consisting in the right to build on the land of another is different from that prescribed for the superficies established on an existing building. Although it defines it in Article 693 (1), as a form of the right of superficies, the Civil Code does not contain provisions with special reference to the exercise of the superficies consisting in the right to build. Only in the event of ending of this special superficies due to the expiry of its duration, Article 699 (1) and (2) of the Civil Code provides for a regime derogating from the general rules of artificial real estate accession. In these circumstances, the powers of the superficiary who acquired the right to build on the land of another were indirectly inferred from the restrictive provisions contained in Article 695 (2) of the Civil Code, applicable to the superficies established on an existing building. The conclusion we reached is that, when superficies takes the form of the right to build, the superficiary enjoys a preferential treatment compared to that applied to the one who has acquired a superficies on existing buildings. This regime remains favorable in case of ending of the right of superficies due to the expiry of its duration, based on the special rules derogating from the general ones regulating artificial real estate accession established as a result of the ending of the superficies. The common rules applicable to both forms of the right of superficies were not tackled in this paper. [ABSTRACT FROM AUTHOR]

During the state of emergency both some press articles and the official communiques of the prosecutor's offices mentioned the criminal investigation in the case of persons who, being confirmed as infected with SARS-CoV-2, refused to be hospitalized. The present study does not aim to provide a classic analysis of the crime of thwarting disease control, but is limited to trying to find an answer to the question of whether it is possible to retain this criminal offence in the case of infected persons who refuse hospitalization. As such, this paper discusses the current Romanian legislation and concludes that, having regard to both the provisions of the Protocol for the treatment of SARS-CoV-2 virus infection and the systematic interpretation of the legal framework, since the Minister of Health enacted only measures to prevent and manage the emergency generated by the pandemic, as well as the obligation to diagnose the symptomatic persons, the measure of hospitalization cannot result exclusively from the unilateral will of the doctor, in reality the will of the latter playing no role, but must derive from the law in order to impose itself on both the patient and the doctor. Therefore it cannot be retained the crime of thwarting disease control in the case of infected persons who refused to be hospitalized. Following the end of the state of emergency, the Romanian Constitutional Court ruled on the constitutionality of the provisions that allowed the Minister of Health to impose the measure of involuntary hospitalization in the case of persons infected with SARS-CoV-2. The declaration of unconstitutionality does not change in any way the relevance of the above conclusions as our analysis was not contingent to the result of the constitutionality review, but it will not be possible to retain the criminal offence of thwarting disease control in the case of persons infected with SARS-CoV-2 who refused hospitalization during the state of emergency, even assuming that - hypothetically - the courts would consider that there was compulsory a hospitalization that burdened the infected persons. [ABSTRACT FROM AUTHOR]

Starting from the idea that the purpose of legislation, of law in general is to defend the human being by preventing, discovering and combating any dangers that could affect or influence it, as well as from current realities that have changed and continue to change the normal functioning of the social system, we carried out this study in the hope that the opinions and solutions expressed could be taken into account by the legislator in the event of amending the Criminal Code as regards the crimes related to sexual life. Therefore, the analysis, opinions and proposals formulated took into account the normative framework in Romania in the matter of crimes regarding the protection of freedom and sexual integrity of the person, by reference to the criminal legislation in force, making reference also to certain aspects existing in the previous one, as well as by reference to the provisions of the international conventions to which our country is a party. In this paper we also consider the fact that the current national criminal law, although subject to amendments, remains incomplete and must be amended and supplemented so as to comply with the minimum mandatory provisions of Directive 2011/92/EU to ensure the protection of minors against any form of sexual abuse. [ABSTRACT FROM AUTHOR]